H. R. 1540 
One Hundred Twelfth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Wednesday, 
the fifth day of January, two thousand and eleven 
An Act 
To authorize appropriations for fiscal year 2012 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Authorization 
Act for Fiscal Year 2012’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into five divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(4) Division D—Funding Tables. 
(5) Division E—SBIR and STTR Reauthorization. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Army Programs 
Sec. 111. Limitation on procurement of Stryker combat vehicles. 
Sec. 112. Limitation on retirement of C–23 aircraft. 
Sec. 113. Multiyear procurement authority for airframes for Army UH–60M/HH– 
60M helicopters and Navy MH–60R/MH–60S helicopters. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for mission avionics and common cock-
pits for Navy MH–60R/S helicopters. 
Sec. 122. Separate procurement line item for certain Littoral Combat Ship mission 
modules. 
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance and sustain-
ability plans for the Littoral Combat Ship program. 
Sec. 124. Extension of Ford-class aircraft carrier construction authority. 
Subtitle D—Air Force Programs 
Sec. 131. Strategic airlift aircraft force structure.
H. R. 1540—2 
Sec. 132. Limitations on use of funds to retire B–1 bomber aircraft. 
Sec. 133. Limitation on retirement of U–2 aircraft. 
Sec. 134. Availability of fiscal year 2011 funds for research and development relat-
ing to the B–2 bomber aircraft. 
Sec. 135. Availability of fiscal year 2011 funds to support alternative options for ex-
tremely high frequency terminal Increment 1 program of record. 
Sec. 136. Procurement of advanced extremely high frequency satellites. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Limitation on availability of funds for acquisition of joint tactical radio 
system. 
Sec. 142. Limitation on availability of funds for Aviation Foreign Internal Defense 
program. 
Sec. 143. F–35 Joint Strike Fighter aircraft. 
Sec. 144. Additional oversight requirements for the undersea mobility acquisition 
program of the United States Special Operations Command. 
Sec. 145. Inclusion of information on approved Combat Mission Requirements in 
quarterly reports on use of Combat Mission Requirement funds. 
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-engining pro-
gram. 
Sec. 147. Authority for exchange with United Kingdom of specified F–35 Lightning 
II Joint Strike Fighter aircraft. 
Sec. 148. Report on probationary period in development of short take-off, vertical 
landing variant of the Joint Strike Fighter. 
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform Act of 
2009 measures within the Joint Strike Fighter aircraft program. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Limitation on availability of funds for the ground combat vehicle pro-
gram. 
Sec. 212. Limitation on the individual carbine program. 
Sec. 213. Limitation on availability of funds for Future Unmanned Carrier-based 
Strike System. 
Sec. 214. Limitation on availability of funds for amphibious assault vehicles of the 
Marine Corps. 
Sec. 215. Limitation on obligation of funds for the F–35 Lightning II aircraft pro-
gram. 
Sec. 216. Limitation on use of funds for Increment 2 of B–2 bomber aircraft ex-
tremely high frequency satellite communications program. 
Sec. 217. Limitation on availability of funds for the Joint Space Operations Center 
management system. 
Sec. 218. Limitation on availability of funds for wireless innovation fund. 
Sec. 219. Prohibition on delegation of budgeting authority for certain research and 
educational programs. 
Sec. 220. Designation of main propulsion turbomachinery of the next-generation 
long-range strike bomber aircraft as major subprogram. 
Sec. 221. Designation of electromagnetic aircraft launch system development and 
procurement program as major subprogram. 
Sec. 222. Advanced rotorcraft flight research and development. 
Sec. 223. Preservation and storage of certain property related to F136 propulsion 
system. 
Subtitle C—Missile Defense Programs 
Sec. 231. Acquisition accountability reports on the ballistic missile defense system. 
Sec. 232. Comptroller General review and assessment of missile defense acquisition 
programs. 
Sec. 233. Homeland defense hedging policy and strategy. 
Sec. 234. Ground-based midcourse defense program. 
Sec. 235. Limitation on availability of funds for the medium extended air defense 
system. 
Sec. 236. Sense of Congress regarding ballistic missile defense training. 
Subtitle D—Reports 
Sec. 241. Extension of requirements for biennial roadmap and annual review and 
certification on funding for development of hypersonics. 
Sec. 242. Report and cost assessment of options for Ohio-class replacement ballistic 
missile submarine.
H. R. 1540—3 
Sec. 243. Report on the electromagnetic rail gun system. 
Sec. 244. Annual comptroller general report on the KC–46A aircraft acquisition 
program. 
Sec. 245. Independent review and assessment of cryptographic modernization pro-
gram. 
Sec. 246. Report on increased budget items. 
Subtitle E—Other Matters 
Sec. 251. Repeal of requirement for Technology Transition Initiative. 
Sec. 252. Contractor cost-sharing in pilot program to include technology protection 
features during research and development of certain defense systems. 
Sec. 253. Extension of authority for mechanisms to provide funds for defense lab-
oratories for research and development of technologies for military mis-
sions. 
Sec. 254. National defense education program. 
Sec. 255. Laboratory facilities, Hanover, New Hampshire. 
Sec. 256. Sense of Congress on active matrix organic light emitting diode tech-
nology. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Energy and Environmental Provisions 
Sec. 311.
Designation of senior official of Joint Chiefs of Staff for operational en-
ergy plans and programs and operational energy budget certification. 
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the na-
tional defense. 
Sec. 313. Discharge of wastes at sea generated by ships of the Armed Forces. 
Sec. 314. Modification to the responsibilities of the Assistant Secretary of Defense 
for Operational Energy, Plans, and Programs. 
Sec. 315. Energy-efficient technologies in contracts for logistics support of contin-
gency operations. 
Sec. 316. Health assessment reports required when waste is disposed of in open- 
air burn pits. 
Sec. 317. Streamlined annual report on defense environmental programs. 
Sec. 318. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 319. Requirements relating to Agency for Toxic Substances and Disease Reg-
istry investigation of exposure to drinking water contamination at Camp 
Lejeune, North Carolina. 
Sec. 320. Fire suppression agents. 
Subtitle C—Logistics and Sustainment 
Sec. 321. Definition of depot-level maintenance and repair. 
Sec. 322. Designation of military arsenal facilities as Centers of Industrial and 
Technical Excellence. 
Sec. 323. Permanent and expanded authority for Army industrial facilities to enter 
into certain cooperative arrangements with non-Army entities. 
Sec. 324. Implementation of corrective actions resulting from corrosion study of the 
F–22 and F–35 aircraft. 
Sec. 325. Modification of requirements relating to minimum capital investment for 
certain depots. 
Sec. 326. Reports on depot-related activities. 
Sec. 327. Core depot-level maintenance and repair capabilities. 
Subtitle D—Readiness 
Sec. 331. Modification of Department of Defense authority to accept voluntary con-
tributions of funds. 
Sec. 332. Review of proposed structures affecting navigable airspace. 
Subtitle E—Reports 
Sec. 341. Annual certification and modifications of annual report on prepositioned 
materiel and equipment. 
Sec. 342. Additional matters for inclusion in and modified deadline for the annual 
report on operational energy. 
Sec. 343. Study on Air Force test and training range infrastructure. 
Sec. 344. Study on training range infrastructure for special operations forces. 
Sec. 345. Guidance to establish non-tactical wheeled vehicle and equipment service 
life extension programs to achieve cost savings.
H. R. 1540—4 
Sec. 346. Study on United States force posture in the United States Pacific Com-
mand area of responsibility. 
Sec. 347. Study on overseas basing presence of United States forces. 
Sec. 348. Inclusion of assessment of joint military training and force allocations in 
quadrennial defense review and national military strategy. 
Sec. 349. Modification of report on procurement of military working dogs. 
Subtitle F—Limitations and Extension of Authority 
Sec. 351. Adoption of military working dog by family of deceased or seriously 
wounded member of the Armed Forces who was the dog’s handler. 
Sec. 352. Prohibition on expansion of the Air Force food transformation initiative. 
Sec. 353. Designation and limitation on obligation and expenditure of funds for the 
migration of Army enterprise email services. 
Sec. 354. One-year extension of pilot program for availability of working-capital 
funds to Army for certain product improvements. 
Subtitle G—Other Matters 
Sec. 361. Commercial sale of small arms ammunition and small arms ammunition 
components in excess of military requirements, and fired cartridge 
cases. 
Sec. 362. Comptroller General review of space-available travel on military aircraft. 
Sec. 363. Authority to provide information for maritime safety of forces and hydro-
graphic support. 
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection agreements. 
Sec. 365. Clarification of the airlift service definitions relative to the Civil Reserve 
Air Fleet. 
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts. 
Sec. 367. Policy on Active Shooter Training for certain law enforcement personnel. 
Sec. 368. Procurement of tents or other temporary structures. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Increase in authorized strengths for Marine Corps officers on active duty 
in grades of major, lieutenant colonel, and colonel. 
Sec. 502. General officer and flag officer reform. 
Sec. 503. National Defense University outplacement waiver. 
Sec. 504. Voluntary retirement incentive matters. 
Subtitle B—Reserve Component Management 
Sec. 511. Leadership of National Guard Bureau. 
Sec. 512. Membership of the Chief of the National Guard Bureau on the Joint 
Chiefs of Staff. 
Sec. 513. Modification of time in which preseparation counseling must be provided 
to reserve component members being demobilized. 
Sec. 514. Clarification of applicability of authority for deferral of mandatory separa-
tion of military technicians (dual status) until age 60. 
Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps Reserve, 
and Air Force Reserve to active duty to provide assistance in response 
to a major disaster or emergency. 
Sec. 516. Authority for order to active duty of units of the Selected Reserve for 
preplanned missions in support of the combatant commands. 
Sec. 517. Modification of eligibility for consideration for promotion for reserve offi-
cers employed as military technicians (dual status).
H. R. 1540—5 
Sec. 518. Consideration of reserve component officers for appointment to certain 
command positions. 
Sec. 519. Report on termination of military technician as a distinct personnel man-
agement category. 
Subtitle C—General Service Authorities 
Sec. 521. Sense of Congress on the unique nature, demands, and hardships of mili-
tary service. 
Sec. 522. Policy addressing dwell time and measurement and data collection re-
garding unit operating tempo and personnel tempo. 
Sec. 523. Protected communications by members of the Armed Forces and prohibi-
tion of retaliatory personnel actions. 
Sec. 524. Notification requirement for determination made in response to review of 
proposal for award of Medal of Honor not previously submitted in timely 
fashion. 
Sec. 525. Expansion of regular enlisted members covered by early discharge author-
ity. 
Sec. 526. Extension of voluntary separation pay and benefits authority. 
Sec. 527. Prohibition on denial of reenlistment of members for unsuitability based 
on the same medical condition for which they were determined to be fit 
for duty. 
Sec. 528. Designation of persons authorized to direct disposition of remains of 
members of the Armed Forces. 
Sec. 529. Matters covered by preseparation counseling for members of the Armed 
Forces and their spouses. 
Sec. 530. Conversion of high-deployment allowance from mandatory to authorized. 
Sec. 531. Extension of authority to conduct programs on career flexibility to en-
hance retention of members of the Armed Forces. 
Sec. 532. Policy on military recruitment and enlistment of graduates of secondary 
schools. 
Sec. 533. Department of Defense suicide prevention program. 
Subtitle D—Military Justice and Legal Matters 
Sec. 541. Reform of offenses relating to rape, sexual assault, and other sexual mis-
conduct under the Uniform Code of Military Justice. 
Sec. 542. Authority to compel production of documentary evidence. 
Sec. 543. Clarification of application and extent of direct acceptance of gifts author-
ity. 
Sec. 544. Freedom of conscience of military chaplains with respect to the perform-
ance of marriages. 
Subtitle E—Member Education and Training Opportunities and Administration 
Sec. 551. Employment skills training for members of the Armed Forces on active 
duty who are transitioning to civilian life. 
Sec. 552. Enhancement of authorities on joint professional military education. 
Sec. 553. Temporary authority to waive maximum age limitation on admission to 
the military service academies. 
Sec. 554. Enhancement of administration of the United States Air Force Institute 
of Technology. 
Sec. 555. Enrollment of certain seriously wounded, ill, or injured former or retired 
enlisted members of the Armed Forces in associate degree programs of 
the Community College of the Air Force in order to complete degree pro-
gram. 
Sec. 556. Reserve component mental health student stipend. 
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-Teachers 
Program. 
Sec. 558. Pilot program on receipt of civilian credentialing for skills required for 
military occupational specialties. 
Sec. 559. Report on certain education assistance programs. 
Subtitle F—Armed Forces Retirement Home 
Sec. 561. Control and administration by Secretary of Defense. 
Sec. 562. Senior Medical Advisor oversight of health care provided to residents of 
Armed Forces Retirement Home. 
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council and 
Resident Advisory Committees. 
Sec. 564. Administrators, Ombudsmen, and staff of facilities. 
Sec. 565. Revision of fee requirements. 
Sec. 566. Revision of inspection requirements. 
Sec. 567. Repeal of obsolete transitional provisions and technical, conforming, and 
clerical amendments.
H. R. 1540—6 
Subtitle G—Defense Dependents’ Education and Military Family Readiness Matters 
Sec. 571. Impact aid for children with severe disabilities. 
Sec. 572. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 573. Three-year extension and enhancement of authorities on transition of 
military dependent students among local educational agencies. 
Sec. 574. Revision to membership of Department of Defense Military Family Readi-
ness Council. 
Sec. 575. Reemployment rights following certain National Guard duty. 
Sec. 576. Expansion of Operation Hero Miles. 
Sec. 577. Report on Department of Defense autism pilot and demonstration 
projects. 
Sec. 578. Comptroller General of the United States report on Department of De-
fense military spouse employment programs. 
Subtitle H—Improved Sexual Assault Prevention and Response in the Armed Forces 
Sec. 581. Access of sexual assault victims to legal assistance and services of Sexual 
Assault Response Coordinators and Sexual Assault Victim Advocates. 
Sec. 582. Consideration of application for permanent change of station or unit 
transfer based on humanitarian conditions for victim of sexual assault 
or related offense. 
Sec. 583. Director of Sexual Assault Prevention and Response Office. 
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim Advo-
cates. 
Sec. 585. Training and education programs for sexual assault prevention and re-
sponse program. 
Sec. 586. Department of Defense policy and procedures on retention and access to 
evidence and records relating to sexual assaults involving members of 
the Armed Forces. 
Subtitle I—Other Matters 
Sec. 588. Department of Defense authority to carry out personnel recovery re-
integration and post-isolation support activities. 
Sec. 589. Military adaptive sports program. 
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration Program. 
Sec. 591. Army National Military Cemeteries. 
Sec. 592. Inspection of military cemeteries under jurisdiction of the military depart-
ments. 
Sec. 593. Authorization for award of the distinguished service cross for Captain 
Fredrick L. Spaulding for acts of valor during the Vietnam War. 
Sec. 594. Authorization and request for award of Medal of Honor to Emil Kapaun 
for acts of valor during the Korean War. 
Sec. 595. Review regarding award of Medal of Honor to Jewish American World 
War I veterans. 
Sec. 596. Report on process for expedited determination of disability of members of 
the Armed Forces with certain disabling conditions. 
Sec. 597. Comptroller General study of military necessity of Selective Service Sys-
tem and alternatives. 
Sec. 598. Evaluation of issues affecting disposition of remains of American sailors 
killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on 
September 4, 1804. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Resumption of authority to provide temporary increase in rates of basic 
allowance for housing under certain circumstances. 
Sec. 602. Lodging accommodations for members assigned to duty in connection with 
commissioning or fitting out of a ship. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces. 
Sec. 612. One-year extension of certain bonus and special pay authorities for health 
care professionals. 
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated special 
pay, incentive pay, and bonus authorities.
H. R. 1540—7 
Sec. 615. One-year extension of authorities relating to payment of other title 37 bo-
nuses and special pays. 
Sec. 616. Modification of qualifying period for payment of hostile fire and imminent 
danger special pay and hazardous duty special pay. 
Subtitle C—Travel and Transportation Allowances Generally 
Sec. 621. One-year extension of authority to reimburse travel expenses for inactive- 
duty training outside of normal commuting distance. 
Subtitle D—Consolidation and Reform of Travel and Transportation Authorities 
Sec. 631. Consolidation and reform of travel and transportation authorities of the 
uniformed services. 
Sec. 632. Transition provisions. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 641. Discretion of the Secretary of the Navy to select categories of merchandise 
to be sold by ship stores afloat. 
Sec. 642. Access of military exchange stores system to credit available through Fed-
eral Financing Bank. 
Sec. 643. Designation of Fisher House for the Families of the Fallen and Medita-
tion Pavilion, Dover Air Force Base, Delaware, as a Fisher House. 
Subtitle F—Disability, Retired Pay and Survivor Benefits 
Sec. 651. Death gratuity and related benefits for Reserves who die during an au-
thorized stay at their residence during or between successive days of in-
active duty training. 
Subtitle G—Other Matters 
Sec. 661. Report on basic allowance for housing for National Guard members 
transitioning between active duty and full-time National Guard duty. 
Sec. 662. Report on incentives for recruitment and retention of health care profes-
sionals. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Annual enrollment fees for certain retirees and dependents. 
Sec. 702. Mental health assessments for members of the Armed Forces deployed in 
support of a contingency operation. 
Sec. 703. Behavioral health support for members of the reserve components of the 
Armed Forces. 
Sec. 704. Provision of food to certain members and dependents not receiving inpa-
tient care in military medical treatment facilities. 
Sec. 705. Travel for anesthesia services for childbirth for command-sponsored de-
pendents of members assigned to remote locations outside the conti-
nental United States. 
Sec. 706. Transitional health benefits for certain members with extension of active 
duty following active duty in support of a contingency operation. 
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior Act. 
Sec. 708. Transition enrollment of uniformed services family health plan medicare- 
eligible retirees to TRICARE for life. 
Subtitle B—Health Care Administration 
Sec. 711. Codification and improvement of procedures for mental health evalua-
tions for members of the Armed Forces. 
Sec. 712. Extension of time limit for submittal of claims under the TRICARE pro-
gram for care provided outside the United States. 
Sec. 713. Expansion of State licensure exception for certain health care profes-
sionals. 
Sec. 714. Clarification on confidentiality of medical quality assurance records. 
Sec. 715. Maintenance of the adequacy of provider networks under the TRICARE 
program. 
Sec. 716. Review of the administration of the military health system. 
Sec. 717. Limitation on availability of funds for the future electronic health records 
program. 
Subtitle C—Reports and Other Matters 
Sec. 721. Modification of authorities on surveys on continued viability of TRICARE 
Standard and TRICARE Extra.
H. R. 1540—8 
Sec. 722. Treatment of wounded warriors. 
Sec. 723. Report on research and treatment of post-traumatic stress disorder. 
Sec. 724. Report on memorandum regarding traumatic brain injuries. 
Sec. 725. Comptroller General report on women-specific health services and treat-
ment for female members of the Armed Forces. 
Sec. 726. Comptroller General report on contract health care staffing for military 
medical treatment facilities. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Requirements relating to core depot-level maintenance and repair capa-
bilities for Milestone A and Milestone B and elimination of references 
to Key Decision Points A and B. 
Sec. 802. Revision to law relating to disclosures to litigation support contractors. 
Sec. 803. Extension of applicability of the senior executive benchmark compensa-
tion amount for purposes of allowable cost limitations under defense 
contracts. 
Sec. 804. Extension of availability of funds in the Defense Acquisition Workforce 
Development Fund. 
Sec. 805. Defense Contract Audit Agency annual report. 
Sec. 806. Inclusion of data on contractor performance in past performance data-
bases for source selection decisions. 
Sec. 807. Implementation of recommendations of Defense Science Board Task Force 
on Improvements to Service Contracting. 
Sec. 808. Temporary limitation on aggregate annual amount available for contract 
services. 
Sec. 809. Annual report on single-award task and delivery order contracts. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Calculation of time period relating to report on critical changes in major 
automated information systems. 
Sec. 812. Change in deadline for submission of Selected Acquisition Reports from 
60 to 45 days. 
Sec. 813. Extension of sunset date for certain protests of task and delivery order 
contracts. 
Sec. 814. Clarification of Department of Defense authority to purchase right-hand 
drive passenger sedan vehicles and adjustment of threshold for infla-
tion. 
Sec. 815. Rights in technical data and validation of proprietary data restrictions. 
Sec. 816. Covered contracts for purposes of requirements on contractor business 
systems. 
Sec. 817. Compliance with defense procurement requirements for purposes of inter-
nal controls of non-defense agencies for procurements on behalf of the 
Department of Defense. 
Sec. 818. Detection and avoidance of counterfeit electronic parts. 
Sec. 819. Modification of certain requirements of the Weapon Systems Acquisition 
Reform Act of 2009. 
Sec. 820. Inclusion of contractor support requirements in Department of Defense 
planning documents. 
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from American 
sources. 
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon fiber from 
foreign sources for the production of uniforms. 
Sec. 823. Prohibition on collection of political information. 
Subtitle C—Provisions Relating to Major Defense Acquisition Programs 
Sec. 831. Waiver of requirements relating to new milestone approval for certain 
major defense acquisition programs experiencing critical cost growth 
due to change in quantity purchased. 
Sec. 832. Assessment, management, and control of operating and support costs for 
major weapon systems. 
Sec. 833. Clarification of responsibility for cost analyses and targets for contract ne-
gotiation purposes. 
Sec. 834. Modification of requirements for guidance on management of manufac-
turing risk in major defense acquisition programs. 
Sec. 835. Management of developmental test and evaluation for major defense ac-
quisition programs. 
Sec. 836. Assessment of risk associated with development of major weapon systems 
to be procured under cooperative projects with friendly foreign countries.
H. R. 1540—9 
Sec. 837. Competition in maintenance and sustainment of subsystems of major 
weapon systems. 
Sec. 838. Oversight of and reporting requirements with respect to Evolved Expend-
able Launch Vehicle program. 
Sec. 839. Implementation of acquisition strategy for Evolved Expendable Launch 
Vehicle. 
Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 
in Iraq or Afghanistan 
Sec. 841. Prohibition on contracting with the enemy in the United States Central 
Command theater of operations. 
Sec. 842. Additional access to contractor and subcontractor records in the United 
States Central Command theater of operations. 
Sec. 843. Reach-back contracting authority for Operation Enduring Freedom and 
Operation New Dawn. 
Sec. 844. Competition and review of contracts for property or services in support 
of a contingency operation. 
Sec. 845. Inclusion of associated support services in rapid acquisition and deploy-
ment procedures for supplies. 
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent operational 
needs. 
Subtitle E—Defense Industrial Base Matters 
Sec. 851. Assessment of the defense industrial base pilot program. 
Sec. 852. Strategy for securing the defense supply chain and industrial base. 
Sec. 853. Assessment of feasability and advisability of establishment of rare earth 
material inventory. 
Sec. 854. Department of Defense assessment of industrial base for night vision 
image intensification sensors. 
Sec. 855. Technical amendment relating to responsibilities of Deputy Assistant Sec-
retary of Defense for Manufacturing and Industrial Base Policy. 
Subtitle F—Other Matters 
Sec. 861. Clarification of jurisdiction of the United States district courts to hear bid 
protest disputes involving maritime contracts. 
Sec. 862. Encouragement of contractor Science, Technology, Engineering, and Math 
(STEM) programs. 
Sec. 863. Sense of Congress and report on authorities available to the Department 
of Defense for multiyear contracts for the purchase of alternative fuels. 
Sec. 864. Acquisition workforce improvements. 
Sec. 865. Modification of delegation of authority to make determinations on entry 
into cooperative research and development agreements with NATO and 
other friendly organizations and countries. 
Sec. 866. Three-year extension of test program for negotiation of comprehensive 
small business subcontracting plans. 
Sec. 867. Five-year extension of Department of Defense Mentor-Protege Program. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Revision of defense business systems requirements. 
Sec. 902. Qualifications for appointments to the position of Deputy Secretary of De-
fense. 
Sec. 903. Designation of Department of Defense senior official with principal re-
sponsibility for airship programs. 
Sec. 904. Memoranda of agreement on identification and dedication of enabling ca-
pabilities of general purpose forces to fulfill certain requirements of spe-
cial operations forces. 
Sec. 905. Assessment of Department of Defense access to non-United States citi-
zens with scientific and technical expertise vital to the national security 
interests. 
Sec. 906. Sense of Congress on use of modeling and simulation in Department of 
Defense activities. 
Sec. 907. Sense of Congress on ties between Joint Warfighting and Coalition Center 
and Allied Command Transformation of NATO. 
Sec. 908. Report on effects of planned reductions of personnel at the Joint Warfare 
Analysis Center on personnel skills. 
Subtitle B—Space Activities 
Sec. 911. Harmful interference to Department of Defense Global Positioning Sys-
tem.
H. R. 1540—10 
Sec. 912. Authority to designate increments or blocks of satellites as major subpro-
grams subject to acquisition reporting requirements. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Report on implementation of recommendations by the Comptroller Gen-
eral on intelligence information sharing. 
Sec. 922. Insider threat detection. 
Sec. 923. Expansion of authority for exchanges of mapping, charting, and geodetic 
data to include nongovernmental organizations and academic institu-
tions. 
Sec. 924. Ozone Widget Framework. 
Sec. 925. Plan for incorporation of enterprise query and correlation capability into 
the Defense Intelligence Information Enterprise. 
Sec. 926. Facilities for intelligence collection or special operations activities abroad. 
Subtitle D—Total Force Management 
Sec. 931. General policy for total force management. 
Sec. 932. Revisions to Department of Defense civilian personnel management con-
straints. 
Sec. 933. Additional amendments relating to total force management. 
Sec. 934. Modifications of annual defense manpower requirements report. 
Sec. 935. Revisions to strategic workforce plan. 
Sec. 936. Amendments to requirement for inventory of contracts for services. 
Sec. 937. Preliminary planning and duration of public-private competitions. 
Sec. 938. Conversion of certain functions from contractor performance to perform-
ance by Department of Defense civilian employees. 
Subtitle E—Quadrennial Roles and Missions and Related Matters 
Sec. 941. Chairman of the Joint Chiefs of Staff assessment of contingency plans. 
Sec. 942. Quadrennial defense review. 
Subtitle F—Other Matters 
Sec. 951. Activities to improve multilateral, bilateral, and regional cooperation re-
garding cybersecurity. 
Sec. 952. Report on United States Special Operations Command structure. 
Sec. 953. Strategy to acquire capabilities to detect previously unknown cyber at-
tacks. 
Sec. 954. Military activities in cyberspace. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Budgetary effects of this Act. 
Sec. 1003. Additional requirements relating to the development of the Financial 
Improvement and Audit Readiness Plan. 
Sec. 1003A. Display of procurement of equipment for the reserve components of the 
Armed Forces under estimated expenditures for procurement in future- 
years defense programs. 
Subtitle B—Counter-Drug Activities 
Sec. 1004. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1005. Three-year extension and modification of authority of Department of De-
fense to provide additional support for counterdrug activities of other 
governmental agencies. 
Sec. 1006. Two-year extension and expansion of authority to provide additional 
support for counter-drug activities of certain foreign governments. 
Sec. 1007. Extension of authority to support unified counter-drug and counterter-
rorism campaign in Colombia. 
Sec. 1008. Reporting requirement on expenditures to support foreign counter-drug 
activities. 
Subtitle C—Naval Vessels and Shipyards 
Sec. 1011. Budgeting for construction of naval vessels. 
Sec. 1012. Sense of Congress on naming of Naval vessel after United States Marine 
Corps Sergeant Rafael Peralta. 
Sec. 1013. Limitation on availability of funds for placing Maritime Prepositioning 
Ship squadrons on reduced operating status. 
Sec. 1014. Report on policies and practices of the Navy for naming the vessels of 
the Navy.
H. R. 1540—11 
Sec. 1015. Transfer of certain high-speed ferries to the Navy. 
Sec. 1016. Modification of conditions on status of retired aircraft carrier ex-John F. 
Kennedy. 
Sec. 1017. Assessment of stationing of additional DDG–51 class destroyers at Naval 
Station Mayport, Florida. 
Subtitle D—Counterterrorism 
Sec. 1021. Affirmation of authority of the Armed Forces of the United States to de-
tain covered persons pursuant to the Authorization for Use of Military 
Force. 
Sec. 1022. Military custody for foreign al-Qaeda terrorists. 
Sec. 1023. Procedures for periodic detention review of individuals detained at 
United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1024. Procedures for status determinations. 
Sec. 1025. Requirement for national security protocols governing detainee commu-
nications. 
Sec. 1026. Prohibition on use of funds to construct or modify facilities in the United 
States to house detainees transferred from United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1028. Requirements for certifications relating to the transfer of detainees at 
United States Naval Station, Guantanamo Bay, Cuba, to foreign coun-
tries and other foreign entities. 
Sec. 1029. Requirement for consultation regarding prosecution of terrorists. 
Sec. 1030. Clarification of right to plead guilty in trial of capital offense by military 
commission. 
Sec. 1031. Counterterrorism operational briefing requirement. 
Sec. 1032. National security planning guidance to deny safe havens to al-Qaeda 
and its violent extremist affiliates. 
Sec. 1033. Extension of authority to make rewards for combating terrorism. 
Sec. 1034. Amendments relating to the Military Commissions Act of 2009. 
Subtitle E—Nuclear Forces 
Sec. 1041. Biennial assessment and report on the delivery platforms for nuclear 
weapons and the nuclear command and control system. 
Sec. 1042. Plan on implementation of the New START Treaty. 
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, nuclear 
weapons complex, nuclear weapons delivery systems, and nuclear weap-
ons command and control system. 
Sec. 1044. Sense of Congress on nuclear force reductions. 
Sec. 1045. Nuclear force reductions. 
Sec. 1046. Nuclear employment strategy of the United States. 
Sec. 1047. Comptroller General report on nuclear weapon capabilities and force 
structure requirements. 
Sec. 1048. Report on feasibility of joint replacement fuze program. 
Subtitle F—Financial Management 
Sec. 1051. Modification of authorities on certification and credential standards for 
financial management positions in the Department of Defense. 
Sec. 1052. Reliability of Department of Defense financial statements. 
Sec. 1053. Inclusion of plan on the financial management workforce in the strategic 
workforce plan of the Department of Defense. 
Sec. 1054. Tracking implementation of Department of Defense efficiencies. 
Subtitle G—Repeal and Modification of Reporting Requirements 
Sec. 1061. Repeal of reporting requirements under title 10, United States Code. 
Sec. 1062. Repeal of reporting requirements under annual defense authorization 
acts. 
Sec. 1063. Repeal of reporting requirements under other laws. 
Sec. 1064. Modification of reporting requirements under title 10, United States 
Code. 
Sec. 1065. Modification of reporting requirements under other titles of the United 
States Code. 
Sec. 1066. Modification of reporting requirements under annual defense authoriza-
tion acts. 
Sec. 1067. Modification of reporting requirements under other laws. 
Subtitle H—Studies and Reports 
Sec. 1068. Transmission of reports in electronic format.
H. R. 1540—12 
Sec. 1069. Modifications to annual aircraft procurement plan. 
Sec. 1070. Change of deadline for annual report to Congress on National Guard 
and reserve component equipment. 
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear weapons, 
and related programs in non-nuclear weapons states and countries not 
parties to the nuclear non-proliferation treaty, and certain foreign per-
sons. 
Sec. 1072. Implementation plan for whole-of-government vision prescribed in the 
National Security Strategy. 
Sec. 1073. Reports on resolution restrictions on the commercial sale or dissemina-
tion of eletro-optical imagery collected by satellites. 
Sec. 1074. Report on integration of unmanned aerial systems into the national air-
space system. 
Sec. 1075. Report on feasibility of using unmanned aerial systems to perform air-
borne inspection of navigational aids in foreign airspace. 
Sec. 1076. Comptroller General review of medical research and development relat-
ing to improved combat casualty care. 
Sec. 1077. Reports to Congress on the modification of the force structure for the 
strategic nuclear weapons delivery systems of the United States. 
Sec. 1078. Comptroller General of the United States reports on the major auto-
mated information system programs of the Department of Defense. 
Sec. 1079. Report on Defense Department analytic capabilities regarding foreign 
ballistic missile threats. 
Sec. 1080. Report on approval and implementation of Air Sea Battle Concept. 
Sec. 1080A. Report on costs of units of the reserve components and the active com-
ponents of the Armed Forces. 
Subtitle I—Miscellaneous Authorities and Limitations 
Sec. 1081. Authority for assignment of civilian employees of the Department of De-
fense as advisors to foreign ministries of defense. 
Sec. 1082. Exemption from Freedom of Information Act for data files of the military 
flight operations quality assurance systems of the military departments. 
Sec. 1083. Limitation on procurement and fielding of light attack armed reconnais-
sance aircraft. 
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low rate initial 
production at certain prototype integration facilities. 
Sec. 1085. Use of State Partnership Program funds for certain purposes. 
Subtitle J—Other Matters 
Sec. 1086. Redesignation of psychological operations as military information sup-
port operations in title 10, United States Code, to conform to Depart-
ment of Defense usage. 
Sec. 1087. Termination of requirement for appointment of civilian members of Na-
tional Security Education Board by and with the advice and consent of 
the Senate. 
Sec. 1088. Sense of Congress on application of moratorium on earmarks to this Act. 
Sec. 1089. Technical amendment. 
Sec. 1090. Cybersecurity collaboration between the Department of Defense and the 
Department of Homeland Security. 
Sec. 1091. Treatment under Freedom of Information Act of certain Department of 
Defense critical infrastructure security information. 
Sec. 1092. Expansion of scope of humanitarian demining assistance program to in-
clude stockpiled conventional munitions assistance. 
Sec. 1093. Number of Navy carrier air wings and carrier air wing headquarters. 
Sec. 1094. Display of annual budget requirements for organizational clothing and 
individual equipment. 
Sec. 1095. National Rocket Propulsion Strategy. 
Sec. 1096. Grants to certain regulated companies for specified energy property not 
subject to normalization rules. 
Sec. 1097. Unmanned aerial systems and national airspace. 
Sec. 1098. Modification of dates of Comptroller General of the United States review 
of executive agreement on joint medical facility demonstration project, 
North Chicago and Great Lakes, Illinois. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Subtitle A—Personnel 
Sec. 1101. Amendments to Department of Defense personnel authorities. 
Sec. 1102. Provisions relating to the Department of Defense performance manage-
ment system. 
Sec. 1103. Repeal of sunset provision relating to direct hire authority at demonstra-
tion laboratories.
H. R. 1540—13 
Sec. 1104. One-year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1105. Waiver of certain pay limitations. 
Sec. 1106. Services of post-combat case coordinators. 
Sec. 1107. Authority to waive maximum-age limit for certain appointments. 
Sec. 1108. Sense of Congress relating to pay parity for Federal employees serving 
at certain remote military installations. 
Sec. 1109. Federal internship programs. 
Sec. 1110. Extension and expansion of experimental personnel program for sci-
entific and technical personnel. 
Sec. 1111. Authority of the Secretaries of the military departments to employ up 
to 10 persons without pay. 
Sec. 1112. Two-year extension of discretionary authority to grant allowances, bene-
fits, and gratuities to personnel on official duty in a combat zone. 
Subtitle B—Other Matters 
Sec. 1121. Modification of beneficiary designation authorities for death gratuity 
payable upon death of a United States Government employee in service 
with the Armed Forces. 
Sec. 1122. Authority for waiver of recovery of certain payments previously made 
under civilian employees voluntary separation incentive program. 
Sec. 1123. Extension of continued health benefits. 
Sec. 1124. Disclosure of senior mentors. 
Sec. 1125. Termination of Joint Safety Climate Assessment System. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Commanders’ Emergency Response Program in Afghanistan. 
Sec. 1202. Three-year extension of temporary authority to use acquisition and 
cross-servicing agreements to lend military equipment for personnel pro-
tection and survivability. 
Sec. 1203. Extension and expansion of authority for support of special operations 
to combat terrorism. 
Sec. 1204. Modification and extension of authorities relating to program to build 
the capacity of foreign military forces. 
Sec. 1205. Two-year extension of authorization for non-conventional assisted recov-
ery capabilities. 
Sec. 1206. Support of foreign forces participating in operations to disarm the Lord’s 
Resistance Army. 
Sec. 1207. Global Security Contingency Fund. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 
Sec. 1211. Extension and modification of logistical support for coalition forces sup-
porting operations in Iraq and Afghanistan. 
Sec. 1212. One-year extension of authority to transfer defense articles and provide 
defense services to the military and security forces of Iraq and Afghani-
stan. 
Sec. 1213. One-year extension of authority for reimbursement of certain coalition 
nations for support provided to United States military operations. 
Sec. 1214. Limitation on funds to establish permanent military installations or 
bases in Iraq and Afghanistan. 
Sec. 1215. Authority to support operations and activities of the Office of Security 
Cooperation in Iraq. 
Sec. 1216. One-year extension of authority to use funds for reintegration activities 
in Afghanistan. 
Sec. 1217. Authority to establish a program to develop and carry out infrastructure 
projects in Afghanistan. 
Sec. 1218. Two-year extension of certain reports on Afghanistan. 
Sec. 1219. Limitation on availability of amounts for reintegration activities in Af-
ghanistan. 
Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 
Sec. 1221. Benchmarks to evaluate the progress being made toward the transition 
of security responsibilities for Afghanistan to the Government of Af-
ghanistan. 
Subtitle C—Reports and Other Matters 
Sec. 1231. Report on Coalition Support Fund reimbursements to the Government 
of Pakistan for operations conducted in support of Operation Enduring 
Freedom.
H. R. 1540—14 
Sec. 1232. Review and report on Iran’s and China’s conventional and anti-access 
capabilities. 
Sec. 1233. Report on energy security of the NATO alliance. 
Sec. 1234. Comptroller General of the United States report on the National Guard 
State Partnership Program. 
Sec. 1235. Man-portable air-defense systems originating from Libya. 
Sec. 1236. Report on military and security developments involving the Democratic 
People’s Republic of Korea. 
Sec. 1237. Sense of Congress on non-strategic nuclear weapons and extended deter-
rence policy. 
Sec. 1238. Annual report on military and security developments involving the Peo-
ple’s Republic of China. 
Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet Pilot 
Training program. 
Sec. 1240. Report on Russian nuclear forces. 
Sec. 1241. Report on progress of the African Union in operationalizing the African 
Standby Force. 
Sec. 1242. Defense cooperation with Republic of Georgia. 
Sec. 1243. Prohibition on procurements from Communist Chinese military compa-
nies. 
Sec. 1244. Sharing of classified United States ballistic missile defense information 
with the Russian Federation. 
Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of cooperative threat reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Limitation on availability of funds for cooperative biological engagement 
program. 
Sec. 1304. Limitation on use of funds for establishment of centers of excellence in 
countries outside of the former Soviet Union. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1405. Defense Inspector General. 
Sec. 1406. Defense Health Program. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revision to required receipt objectives for previously authorized dis-
posals from the National Defense Stockpile. 
Subtitle C—Other Matters 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
Sec. 1422. Authority for transfer of funds to Joint Department of Defense–Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-
tain James A. Lovell Health Care Center, Illinois. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OVERSEAS CONTINGENCY OPERATIONS 
Subtitle A—Authorization of Additional Appropriations 
Sec. 1501. Purpose. 
Sec. 1502. Procurement. 
Sec. 1503. Research, development, test, and evaluation. 
Sec. 1504. Operation and maintenance. 
Sec. 1505. Military personnel. 
Sec. 1506. Working capital funds. 
Sec. 1507. Defense Health Program. 
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1509. Defense Inspector General. 
Subtitle B—Financial Matters 
Sec. 1521. Treatment as additional authorizations. 
Sec. 1522. Special transfer authority.
H. R. 1540—15 
Subtitle C—Limitations and Other Matters 
Sec. 1531. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1532. Continuation of prohibition on use of United States funds for certain fa-
cilities projects in Iraq. 
Sec. 1533. Availability of funds in Afghanistan Security Forces Fund. 
Sec. 1534. One-year extension of project authority and related requirements of 
Task Force for Business and Stability Operations in Afghanistan. 
Sec. 1535. Limitation on availability of funds for Trans Regional Web Initiative. 
Sec. 1536. Report on lessons learned from Department of Defense participation on 
interagency teams for counterterrorism operations in Afghanistan and 
Iraq. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
TITLE XXI—ARMY MILITARY CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. 
Sec. 2107. Modification of authority to carry out certain fiscal year 2011 projects. 
Sec. 2108. Additional authority to carry out certain fiscal year 2012 project. 
Sec. 2109. Extension of authorizations of certain fiscal year 2008 projects. 
Sec. 2110. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2111. Tour normalization. 
Sec. 2112. Technical amendments to correct certain project specifications. 
Sec. 2113. Reduction of Army military construction authorization. 
TITLE XXII—NAVY MILITARY CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Extension of authorization of certain fiscal year 2008 project. 
Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2207. Guam realignment. 
Sec. 2208. Reduction of Navy military construction authorization. 
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 
project. 
Sec. 2306. Extension of authorization of certain fiscal year 2009 project. 
Sec. 2307. Reduction of Air Force military construction authorization. 
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized defense agencies construction and land acquisition projects. 
Sec. 2402. Authorized energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Subtitle C—Other Matters 
Sec. 2421. Reduction of Defense Agencies military construction authorization. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects.
H. R. 1540—16 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Subtitle A—Project Authorizations and Authorization of Appropriations 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Subtitle B—Other Matters 
Sec. 2611. Extension of authorization of certain fiscal year 2008 project. 
Sec. 2612. Extension of authorizations of certain fiscal year 2009 projects. 
Sec. 2613. Modification of authority to carry out certain fiscal year 2008 and 2009 
projects. 
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base realignment and closure activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authority to complete specific base closure and realignment rec-
ommendations. 
Sec. 2704. Special considerations related to transportation infrastructure in consid-
eration and selection of military installations for closure or realignment. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Prohibition on use of any cost-plus system of contracting for military 
construction and military family housing projects. 
Sec. 2802. Modification of authority to carry out unspecified minor military con-
struction projects. 
Sec. 2803. Protections for suppliers of labor and materials under contracts for mili-
tary construction projects and military family housing projects. 
Sec. 2804. Extension of temporary, limited authority to use operation and mainte-
nance funds for construction projects outside the United States. 
Sec. 2805. General military construction transfer authority. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of authority to use Pentagon Reservation Maintenance Re-
volving Fund for minor construction and alteration activities at Pen-
tagon Reservation. 
Sec. 2812. Reporting requirements related to the granting of easements. 
Sec. 2813. Limitations on use or development of property in Clear Zone Areas and 
clarification of authority to limit encroachments. 
Sec. 2814. Department of Defense conservation and cultural activities. 
Sec. 2815. Exchange of property at military installations. 
Sec. 2816. Defense access road program enhancements to address transportation 
infrastructure in vicinity of military installations. 
Subtitle C—Energy Security 
Sec. 2821. Consolidation of definitions used in energy security chapter. 
Sec. 2822. Consideration of energy security in developing energy projects on mili-
tary installations using renewable energy sources. 
Sec. 2823. Establishment of interim objective for Department of Defense 2025 re-
newable energy goal. 
Sec. 2824. Use of centralized purchasing agents for renewable energy certificates to 
reduce cost of facility energy projects using renewable energy sources 
and improve efficiencies. 
Sec. 2825. Identification of energy-efficient products for use in construction, repair, 
or renovation of Department of Defense facilities. 
Sec. 2826. Submission of annual Department of Defense energy management re-
ports. 
Sec. 2827. Requirement for Department of Defense to capture and track data gen-
erated in metering Department facilities.
H. R. 1540—17 
Sec. 2828. Metering of Navy piers to accurately measure energy consumption. 
Sec. 2829. Training policy for Department of Defense energy managers. 
Sec. 2830. Report on energy-efficiency standards and prohibition on use of funds for 
Leadership in Energy and Environmental Design gold or platinum cer-
tification. 
Subtitle D—Provisions Related to Guam Realignment 
Sec. 2841. Certification of medical care coverage for H–2B temporary workforce on 
military construction projects on Guam. 
Sec. 2842. Repeal of condition on use of specific utility conveyance authority re-
garding Guam integrated water and wastewater treatment system. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf Richardson, Alas-
ka. 
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 
Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui 
areas, Hawaii. 
Sec. 2854. Land exchange, Fort Bliss Texas. 
Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah. 
Subtitle F—Other Matters 
Sec. 2861. Redesignation of Industrial College of the Armed Forces as the Dwight 
D. Eisenhower School for National Security and Resource Strategy. 
Sec. 2862. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike 
O’Callaghan Federal Medical Center. 
Sec. 2863. Prohibition on naming Department of Defense real property after a 
Member of Congress. 
Sec. 2864. Notifications of reductions in number of members of the Armed Forces 
assigned to permanent duty at a military installation. 
Sec. 2865. Investment plan for the modernization of public shipyards under juris-
diction of Department of the Navy. 
Sec. 2866. Report on the Homeowners Assistance Program. 
Sec. 2867. Data servers and centers. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Limitation on availability of funds for establishment of centers of excel-
lence on nuclear security outside of the former Soviet Union. 
Sec. 3112. Aircraft procurement. 
Sec. 3113. Hanford waste tank cleanup program reforms. 
Sec. 3114. Recognition and status of National Atomic Testing Museum. 
Subtitle C—Reports 
Sec. 3121. Repeal of certain report requirements. 
Sec. 3122. Progress on nuclear nonproliferation. 
Sec. 3123. Reports on role of nuclear security complex sites and potential effi-
ciencies. 
Sec. 3124. Net assessment of high-performance computing capabilities of foreign 
countries. 
Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear reactor 
technology. 
Subtitle D—Other Matters 
Sec. 3131. Sense of Congress on the use of savings from excess amounts for certain 
pension plan contributions. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations.
H. R. 1540—18 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for national security aspects of the mer-
chant marine for fiscal year 2012. 
Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force vessels. 
Sec. 3503. Recruitment authority. 
Sec. 3504. Ship scrapping reporting requirement. 
DIVISION D—FUNDING TABLES 
Sec. 4001. Authorization of amounts in funding tables. 
TITLE XLI—PROCUREMENT 
Sec. 4101. Procurement. 
Sec. 4102. Procurement for overseas contingency operations. 
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Sec. 4201. Research, development, test, and evaluation. 
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations. 
TITLE XLIII—OPERATION AND MAINTENANCE 
Sec. 4301. Operation and maintenance. 
Sec. 4302. Operation and maintenance for overseas contingency operations. 
TITLE XLIV—MILITARY PERSONNEL 
Sec. 4401. Military personnel. 
Sec. 4402. Military personnel for overseas contingency operations. 
TITLE XLV—OTHER AUTHORIZATIONS 
Sec. 4501. Other authorizations. 
Sec. 4502. Other authorizations for overseas contingency operations. 
TITLE XLVI—MILITARY CONSTRUCTION 
Sec. 4601. Military construction. 
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Sec. 4701. Department of Energy national security programs. 
DIVISION E—SBIR AND STTR REAUTHORIZATION 
TITLE L—SHORT TITLE; DEFINITIONS 
Sec. 5001. Short title. 
Sec. 5002. Definitions. 
TITLE LI—SBIR AND STTR REAUTHORIZATION 
Subtitle A—Reauthorization of the SBIR and STTR Programs 
Sec. 5101. Extension of termination dates. 
Sec. 5102. SBIR and STTR allocation increase. 
Sec. 5103. SBIR and STTR award levels. 
Sec. 5104. Agency and program flexibility. 
Sec. 5105. Elimination of Phase II invitations. 
Sec. 5106. Pilot to allow phase flexibility. 
Sec. 5107. Participation by firms with substantial investment from multiple ven-
ture capital operating companies, hedge funds, or private equity firms 
in a portion of the SBIR program. 
Sec. 5108. SBIR and STTR special acquisition preference. 
Sec. 5109. Collaborating with Federal laboratories and research and development 
centers. 
Sec. 5110. Notice requirement. 
Sec. 5111. Additional SBIR and STTR awards. 
Subtitle B—Outreach and Commercialization Initiatives 
Sec. 5121. Technical assistance for awardees. 
Sec. 5122. Commercialization Readiness Program at Department of Defense. 
Sec. 5123. Commercialization Readiness Pilot Program for civilian agencies. 
Sec. 5124. Interagency Policy Committee. 
Sec. 5125. Clarifying the definition of ‘‘Phase III’’. 
Sec. 5126. Shortened period for final decisions on proposals and applications. 
Sec. 5127. Phase 0 Proof of Concept Partnership pilot program.
H. R. 1540—19 
Subtitle C—Oversight and Evaluation 
Sec. 5131. Streamlining annual evaluation requirements. 
Sec. 5132. Data collection from agencies for SBIR. 
Sec. 5133. Data collection from agencies for STTR. 
Sec. 5134. Public database. 
Sec. 5135. Government database. 
Sec. 5136. Accuracy in funding base calculations. 
Sec. 5137. Continued evaluation by the National Academy of Sciences. 
Sec. 5138. Technology insertion reporting requirements. 
Sec. 5139. Intellectual property protections. 
Sec. 5140. Obtaining consent from SBIR and STTR applicants to release contact in-
formation to economic development organizations. 
Sec. 5141. Pilot to allow funding for administrative, oversight, and contract proc-
essing costs. 
Sec. 5142. GAO study with respect to venture capital operating company, hedge 
fund, and private equity firm involvement. 
Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and 
abuse. 
Sec. 5144. Simplified paperwork requirements. 
Subtitle D—Policy Directives 
Sec. 5151. Conforming amendments to the SBIR and the STTR Policy Directives. 
Subtitle E—Other Provisions 
Sec. 5161. Report on SBIR and STTR program goals. 
Sec. 5162. Competitive selection procedures for SBIR and STTR programs. 
Sec. 5163. Loan restrictions. 
Sec. 5164. Limitation on pilot programs. 
Sec. 5165. Commercialization success. 
Sec. 5166. Publication of certain information. 
Sec. 5167. Report on enhancement of manufacturing activities. 
Sec. 5168. Coordination of the SBIR program and the Experimental Program to 
Stimulate Competitive Research. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Authorization of appropriations. 
Subtitle B—Army Programs 
Sec. 111. Limitation on procurement of Stryker combat vehicles. 
Sec. 112. Limitation on retirement of C–23 aircraft. 
Sec. 113. Multiyear procurement authority for airframes for Army UH–60M/HH– 
60M helicopters and Navy MH–60R/MH–60S helicopters. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for mission avionics and common cock-
pits for Navy MH–60R/S helicopters. 
Sec. 122. Separate procurement line item for certain Littoral Combat Ship mission 
modules. 
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance and sustain-
ability plans for the Littoral Combat Ship program. 
Sec. 124. Extension of Ford-class aircraft carrier construction authority. 
Subtitle D—Air Force Programs 
Sec. 131. Strategic airlift aircraft force structure. 
Sec. 132. Limitations on use of funds to retire B–1 bomber aircraft.
H. R. 1540—20 
Sec. 133. Limitation on retirement of U–2 aircraft. 
Sec. 134. Availability of fiscal year 2011 funds for research and development relat-
ing to the B–2 bomber aircraft. 
Sec. 135. Availability of fiscal year 2011 funds to support alternative options for ex-
tremely high frequency terminal Increment 1 program of record. 
Sec. 136. Procurement of advanced extremely high frequency satellites. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Limitation on availability of funds for acquisition of joint tactical radio 
system. 
Sec. 142. Limitation on availability of funds for Aviation Foreign Internal Defense 
program. 
Sec. 143. F–35 Joint Strike Fighter aircraft. 
Sec. 144. Additional oversight requirements for the undersea mobility acquisition 
program of the United States Special Operations Command. 
Sec. 145. Inclusion of information on approved Combat Mission Requirements in 
quarterly reports on use of Combat Mission Requirement funds. 
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-engining pro-
gram. 
Sec. 147. Authority for exchange with United Kingdom of specified F–35 Lightning 
II Joint Strike Fighter aircraft. 
Sec. 148. Report on probationary period in development of short take-off, vertical 
landing variant of the Joint Strike Fighter. 
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform Act of 
2009 measures within the Joint Strike Fighter aircraft program. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2012 for procurement for the Army, the Navy and the Marine 
Corps, the Air Force, and Defense-wide activities, as specified in 
the funding table in section 4101. 
Subtitle B—Army Programs 
SEC. 111. LIMITATION ON PROCUREMENT OF STRYKER COMBAT 
VEHICLES. 
(a) LIMITATION.—Except as provided by subsection (b), of the 
funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2012 for weapons and tracked combat 
vehicles, Army, the Secretary of the Army may not procure more 
than 100 Stryker combat vehicles. 
(b) WAIVER.—The Secretary of the Army may waive the limita-
tion under subsection (a) if the Secretary submits to the congres-
sional defense committees written certification by the Assistant 
Secretary of the Army for Acquisition, Technology, and Logistics 
that— 
(1) there are validated needs of the Army requiring the 
waiver; 
(2) all Stryker combat vehicles required to fully equip the 
nine Stryker brigades and to meet other validated requirements 
regarding the vehicle have been procured or placed on contract 
for procurement; 
(3) the size of the Stryker combat vehicle fleet not assigned 
directly to Stryker brigade combat teams is essential to 
maintaining the readiness of Stryker brigade combat teams; 
and
H. R. 1540—21 
(4) with respect to the Stryker combat vehicles planned 
to be procured pursuant to the waiver, cost estimates are com-
plete for the long-term sustainment of the vehicles. 
SEC. 112. LIMITATION ON RETIREMENT OF C–23 AIRCRAFT. 
(a) IN GENERAL.—Upon determining to retire a C–23 aircraft 
for which there has been no previously agreed upon transfer of 
title for such aircraft as of the date of the enactment of this 
Act, the Secretary of the Army shall first offer title to such aircraft 
to the chief executive officer of the State in which such aircraft 
is based. 
(b) TRANSFER UPON ACCEPTANCE OF OFFER.—If the chief execu-
tive officer of a State accepts title of an aircraft under subsection 
(a), the Secretary shall transfer title of the aircraft to the State 
without charge to the State. The Secretary shall provide a reason-
able amount of time for acceptance of the offer. 
(c) SUSTAINMENT.—Immediately upon transfer of title to an 
aircraft to the State under this section, the State shall assume 
all costs associated with operating, maintaining, sustaining, and 
modernizing the aircraft. 
(d) AIRLIFT STUDY AND REPORT.— 
(1) STUDY.—Not later than one year after the date of the 
enactment of this Act, the Secretary of the Air Force, in con-
sultation with the Secretary of the Army, the Director of the 
National Guard Bureau, each supported commander of a 
combatant command, and the Administrator of the Federal 
Emergency Management Agency, shall conduct a study to deter-
mine the number of fixed-wing and rotary-wing aircraft 
required to support the following titles 10 and 32, United 
States Code, missions at low, medium, moderate, high, and 
very-high levels of operational risk: 
(A) Homeland defense. 
(B) Time sensitive, direct support to forces consisting 
of the regular component of the Army and the National 
Guard. 
(C) Disaster response. 
(D) Humanitarian assistance. 
(2) REPORT.—The Secretary shall submit to the congres-
sional defense committees a report containing the study under 
paragraph (1). 
(e) GAO SUFFICIENCY REVIEW.— 
(1) REVIEW.—The Comptroller General of the United States 
shall conduct a sufficiency review of the study under subsection 
(d)(1). 
(2) REPORT.—The Comptroller General shall submit to the 
congressional defense committees a report containing the 
review under paragraph (1). 
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES 
FOR ARMY UH–60M/HH–60M HELICOPTERS AND NAVY MH– 
60R/MH–60S HELICOPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Army may enter into one or more multiyear contracts, beginning 
with the fiscal year 2012 program year, for the procurement of 
airframes for UH–60M/HH–60M helicopters and, acting as the 
executive agent for the Department of the Navy, for the procure-
ment of airframes for MH–60R/S helicopters.
H. R. 1540—22 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2012 is subject to the availability 
of appropriations for that purpose for such later fiscal year. 
Subtitle C—Navy Programs 
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVI-
ONICS AND COMMON COCKPITS FOR NAVY MH–60R/S HELI-
COPTERS. 
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the 
Navy may enter into one or more multiyear contracts, beginning 
with the fiscal year 2012 program year, for the procurement of 
mission avionics and common cockpits for MH–60R/S helicopters. 
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 
entered into under subsection (a) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year after fiscal year 2012 is subject to the availability 
of appropriations for that purpose for such later fiscal year. 
SEC. 122. SEPARATE PROCUREMENT LINE ITEM FOR CERTAIN LIT-
TORAL COMBAT SHIP MISSION MODULES. 
(a) IN GENERAL.—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 2013, and each subsequent 
fiscal year, the Secretary shall ensure that a separate, dedicated 
procurement line item is designated for each covered module that 
includes the quantity and cost of each such module requested. 
(b) FORM.—The Secretary shall ensure that any classified 
components of covered modules not included in a procurement line 
item under subsection (a) shall be included in a classified annex. 
(c) COVERED MODULE.—In this section, the term ‘‘covered 
module’’ means, with respect to mission modules of the Littoral 
Combat Ship, the following modules: 
(1) Surface warfare. 
(2) Mine countermeasures. 
(3) Anti-submarine warfare. 
SEC. 123. LIFE-CYCLE COST-BENEFIT ANALYSIS ON ALTERNATIVE 
MAINTENANCE AND SUSTAINABILITY PLANS FOR THE LIT-
TORAL COMBAT SHIP PROGRAM. 
(a) COST-BENEFIT ANALYSIS.—The Secretary of the Navy shall 
conduct a life-cycle cost-benefit analysis, in accordance with the 
Office of Management and Budget Circular A–94, comparing alter-
native maintenance and sustainability plans for the Littoral Combat 
Ship program. 
(b) REPORT.—At the same time that the budget of the President 
is submitted to Congress under section 1105(a) of title 31, United 
States Code, for fiscal year 2013, the Secretary of the Navy shall 
submit to the congressional defense committees a report on the 
cost-benefit analysis conducted under subsection (a).
H. R. 1540—23 
SEC. 124. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUC-
TION AUTHORITY. 
Section 121(a) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) 
is amended by striking ‘‘three fiscal years’’ and inserting ‘‘four 
fiscal years’’. 
Subtitle D—Air Force Programs 
SEC. 131. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE. 
Section 8062(g)(1) of title 10, United States Code, is amended— 
(1) by striking ‘‘October 1, 2009’’ and inserting ‘‘October 
1, 2011’’; and 
(2) by striking ‘‘316 aircraft’’ and inserting ‘‘301 aircraft’’. 
SEC. 132. LIMITATIONS ON USE OF FUNDS TO RETIRE B–1 BOMBER 
AIRCRAFT. 
(a) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act for fiscal year 2012 for the Department of 
Defense may be obligated or expended to retire any B–1 bomber 
aircraft on or before the date on which the Secretary of the Air 
Force submits to the congressional defense committees the plan 
described in subsection (b). 
(b) PLAN DESCRIBED.—The plan described in this subsection 
is a plan for retiring B–1 bomber aircraft that includes the following: 
(1) An identification of each B–1 bomber aircraft that will 
be retired and the disposition plan for such aircraft. 
(2) An estimate of the savings that will result from the 
proposed retirement of B–1 bomber aircraft in each calendar 
year through calendar year 2022. 
(3) An estimate of the amount of the savings described 
in paragraph (2) that will be reinvested in the modernization 
of B–1 bomber aircraft still in service in each calendar year 
through calendar year 2022. 
(4) A modernization plan for sustaining the remaining B– 
1 bomber aircraft through at least calendar year 2022. 
(5) An estimate of the amount of funding required to fully 
fund the modernization plan described in paragraph (4) for 
each calendar year through calendar year 2022. 
(c) POST-PLAN B–1 RETIREMENT.— 
(1) IN GENERAL.—During the period described by paragraph 
(4), the Secretary of the Air Force shall maintain in a common 
capability configuration not less than 36 B–1 aircraft as combat- 
coded aircraft. 
(2) FY 2014 AND THEREAFTER.—After the period described 
in paragraph (4), the Secretary shall maintain not less than— 
(A) 35 B–1 aircraft as combat-coded aircraft in a 
common capability configuration until September 30, 2014; 
(B) 34 such aircraft as combat-coded aircraft in a 
common capability configuration until September 30, 2015; 
and 
(C) 33 such aircraft as combat-coded aircraft in a 
common capability configuration until September 30, 2016. 
(3) TOTAL AMOUNT OF RETIRED B–1 AIRCRAFT.—The Sec-
retary may not retire more than a total of six B–1 aircraft,
H. R. 1540—24 
including the B–1 aircraft retired in accordance with this sub-
section. 
(4) PERIOD DESCRIBED.—The period described in this para-
graph is the period beginning on the date on which the plan 
described in subsection (b) is submitted to the congressional 
defense committees and ending on September 30, 2013. 
(5) COMBAT-CODED AIRCRAFT DEFINED.—In this subsection, 
the term ‘‘combat-coded aircraft’’ means aircraft assigned to 
meet the primary aircraft authorization to a unit for the 
performance of its wartime mission. 
SEC. 133. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT. 
(a) LIMITATION.—The Secretary of the Air Force may take no 
action that would prevent the Air Force from maintaining the 
U–2 aircraft fleet in its current configuration and capability beyond 
fiscal year 2016 until— 
(1) the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics certifies in writing to the appropriate 
committees of Congress that the operating and sustainment 
(O&S) costs for the Global Hawk unmanned aerial vehicle 
(UAV) are less than the operating and sustainment costs for 
the U–2 aircraft on a comparable flight-hour cost basis; and 
(2) the Chairman of the Joint Requirements Oversight 
Council certifies in writing to the appropriate committees of 
Congress that the capability to be fielded at the same time 
or before the U–2 aircraft retirement would result in equal 
or greater capability available to the commanders of the combat-
ant commands. 
(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Select Committee on Intelligence of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
SEC. 134. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH 
AND DEVELOPMENT RELATING TO THE B–2 BOMBER AIR-
CRAFT. 
Of the unobligated balance of amounts appropriated for fiscal 
year 2011 for the Air Force and available for procurement of B– 
2 bomber aircraft modifications, post-production support, and other 
charges, $20,000,000 may be available for fiscal year 2012 for 
research, development, test, and evaluation with respect to a 
conventional mixed load capability for the B–2 bomber aircraft. 
SEC. 135. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT 
ALTERNATIVE OPTIONS FOR EXTREMELY HIGH FRE-
QUENCY TERMINAL INCREMENT 1 PROGRAM OF RECORD. 
(a) IN GENERAL.—Of the unobligated balance of amounts appro-
priated for fiscal year 2011 for the Air Force and available for 
procurement of B–2 bomber aircraft modifications, post-production 
support, and other charges, $15,000,000 may be available to support 
alternative options for the extremely high frequency terminal Incre-
ment 1 program of record. 
(b) PLAN TO SECURE PROTECTED COMMUNICATIONS.—Not later 
than 90 days after the date of the enactment of this Act, the
H. R. 1540—25 
Secretary of the Air Force shall submit to the congressional defense 
committees a plan to provide an extremely high frequency terminal 
for secure protected communications for the B–2 bomber aircraft 
and other aircraft. 
SEC. 136. PROCUREMENT OF ADVANCED EXTREMELY HIGH FRE-
QUENCY SATELLITES. 
(a) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—The Secretary of the Air Force may pro-
cure two advanced extremely high frequency satellites by 
entering into a fixed-price contract. Such procurement may 
also include— 
(A) material and equipment in economic order quan-
tities when cost savings are achievable; and 
(B) cost reduction initiatives. 
(2) USE OF INCREMENTAL FUNDING.—With respect to a con-
tract entered into under paragraph (1) for the procurement 
of advanced extremely high frequency satellites, the Secretary 
may use incremental funding for a period not to exceed six 
fiscal years. 
(3) LIABILITY.—A contract entered into under paragraph 
(1) shall provide that any obligation of the United States to 
make a payment under the contract is subject to the availability 
of appropriations for that purpose, and that the total liability 
to the Government for termination of any contract entered 
into shall be limited to the total amount of funding obligated 
at the time of termination. 
(b) LIMITATION OF COSTS.— 
(1) LIMITATION.—Except as provided by subsection (c), and 
excluding amounts described in paragraph (2), the total amount 
obligated or expended for the procurement of two advanced 
extremely high frequency satellites authorized by subsection 
(a) may not exceed $3,100,000,000. 
(2) EXCLUSION.—The amounts described in this paragraph 
are amounts associated with the following: 
(A) Plans. 
(B) Technical data packages. 
(C) Post-delivery and program support costs. 
(D) Technical support for obsolescence studies. 
(c) WAIVER AND ADJUSTMENT TO LIMITATION AMOUNT.— 
(1) WAIVER.—In accordance with paragraph (2), the Sec-
retary may waive the limitation in subsection (b)(1) if the 
Secretary submits to the congressional defense committees writ-
ten notification of the adjustment made to the amount set 
forth in such subsection. 
(2) ADJUSTMENT.—Upon waiving the limitation under para-
graph (1), the Secretary may adjust the amount set forth in 
subsection (b)(1) by the following: 
(A) The amounts of increases or decreases in costs 
attributable to economic inflation after September 30, 2011. 
(B) The amounts of increases or decreases in costs 
attributable to compliance with changes in Federal, State, 
or local laws enacted after September 30, 2011. 
(C) The amounts of increases or decreases in costs 
of the satellites that are attributable to insertion of new 
technology into an advanced extremely high frequency sat-
ellite, as compared to the technology built into such a
H. R. 1540—26 
satellite procured prior to fiscal year 2012, if the Secretary 
determines, and certifies to the congressional defense 
committees, that insertion of the new technology is— 
(i) expected to decrease the life-cycle cost of the 
satellite; or 
(ii) required to meet an emerging threat that poses 
grave harm to national security. 
(d) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE NUMBER 
5 FOR SPACE VEHICLE NUMBER 6.—The Secretary may obligate 
and expend amounts authorized to be appropriated for fiscal year 
2012 by section 101 for procurement for the Air Force as specified 
in the funding table in section 4101 and available for the advanced 
procurement of long-lead parts and the replacement of obsolete 
parts for advanced extremely high frequency satellite space vehicle 
number 5 for the advanced procurement of long-lead parts and 
the replacement of obsolete parts for advanced extremely high fre-
quency satellite space vehicle number 6. 
(e) REPORT.—Not later than 30 days after the date on which 
the Secretary awards a contract under subsection (a), the Secretary 
shall submit to the congressional defense committees a report on 
such contract, including the following: 
(1) The total cost savings resulting from the authority 
provided by subsection (a). 
(2) The type and duration of the contract awarded. 
(3) The total contract value. 
(4) The funding profile by year. 
(5) The terms of the contract regarding the treatment of 
changes by the Federal Government to the requirements of 
the contract, including how any such changes may affect the 
success of the contract. 
(6) A plan for using cost savings described in paragraph 
(1) to improve the capability of military satellite communica-
tions, including a description of— 
(A) the available funds, by year, resulting from such 
cost savings; 
(B) the specific activities or subprograms to be funded 
by such cost savings and the funds, by year, allocated 
to each such activity or subprogram; 
(C) the objectives for each such activity or subprogram 
and the criteria used by the Secretary to determine which 
such activity or subprogram to fund; 
(D) the method in which such activities or subprograms 
will be awarded, including whether it will be on a competi-
tive basis; and 
(E) the process for determining how and when such 
activities and subprograms would transition to an existing 
program or be established as a new program of record. 
(f) SENSE OF CONGRESS.—It is the sense of Congress that the 
Secretary should not enter into a fixed-price contract under sub-
section (a) for the procurement of two advanced extremely high 
frequency satellites unless the Secretary determines that entering 
into such a contract will save the Air Force not less than 20 
percent over the cost of procuring two such satellites separately.
H. R. 1540—27 
Subtitle E—Joint and Multiservice Matters 
SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION 
OF JOINT TACTICAL RADIO SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2012 for 
other procurement, Army, for covered programs of the joint tactical 
radio system, not more than 70 percent may be obligated or 
expended until the date on which the Secretary of the Army submits 
to the congressional defense committees written certification that 
the acquisition strategy for the full-rate production of covered pro-
grams of such radio system includes full and open competition 
(as defined in section 2302(3)(D) of title 10, United States Code) 
that includes commercially developed systems that the Secretary 
determines are qualified with respect to successful testing by the 
Army and certification by the National Security Agency. 
(b) LRIP.—The limitation under subsection (a) shall not apply 
to the low-rate initial production of covered programs. 
(c) COVERED PROGRAMS.—In this section, the term ‘‘covered 
programs’’ means, with respect to the joint tactical radio system, 
the following: 
(1) The ground mobile radio. 
(2) The handheld, manpack, and small form fit. 
SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AVIATION FOR-
EIGN INTERNAL DEFENSE PROGRAM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2012 for 
the procurement of fixed-wing non-standard aviation aircraft in 
support of the aviation foreign internal defense program, not more 
than 50 percent may be obligated or expended until the date that 
is 30 days after the date on which the Commander of the United 
States Special Operations Command submits the report under sub-
section (b)(1). 
(b) REPORT REQUIRED.— 
(1) REPORT.—Not later than March 15, 2012, the Com-
mander of the United States Special Operations Command 
shall submit to the congressional defense committees a report 
on the aviation foreign internal defense program. 
(2) MATTERS INCLUDED.—The report under paragraph (1) 
shall include the following: 
(A) An overall description of the program, including 
its goals and proposed metrics of performance success. 
(B) The results of any analysis of alternatives and 
efficiencies reviews for contracts awarded for the aviation 
foreign internal defense program. 
(C) An assessment of the advantages and disadvan-
tages of procuring new aircraft, procuring used aircraft, 
or leasing aircraft to meet mission requirements, including 
an explanation of any efficiencies and savings. 
(D) A comprehensive strategy outlining and justifying 
the overall projected growth of the aviation foreign internal 
defense program to satisfy the increased requirements of 
the commanders of the geographic combatant commands.
H. R. 1540—28 
(E) An examination of efficiencies that could be gained 
by procuring platforms such as those being procured for 
light mobility aircraft. 
(3) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 143. F–35 JOINT STRIKE FIGHTER AIRCRAFT. 
In entering into a contract for the procurement of aircraft 
for the sixth and all subsequent low-rate initial production contract 
lots for the F–35 Lightning II Joint Strike Fighter aircraft, the 
Secretary of Defense shall ensure each of the following: 
(1) That the contract is a fixed-price contract. 
(2) That the contract requires the contractor to assume 
full responsibility for costs under the contract above the target 
cost specified in the contract. 
SEC. 
144. 
ADDITIONAL 
OVERSIGHT 
REQUIREMENTS 
FOR 
THE 
UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE 
UNITED STATES SPECIAL OPERATIONS COMMAND. 
(a) LIMITATION ON MILESTONE B DECISION.—The Commander 
of the United States Special Operations Command may not make 
any milestone B acquisition decisions with respect to a covered 
element until a 30-day period has elapsed after the date on which 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics— 
(1) conducts the assessment and determination under sub-
section (b) for the covered element; and 
(2) submits to the congressional defense committees a 
report including— 
(A) the determination of the Under Secretary with 
respect to the appropriate acquisition category for the cov-
ered element; and 
(B) the validated requirements, independent cost esti-
mate, test and evaluation master plan, and technology 
readiness assessment described in paragraphs (1) through 
(4) of subsection (b), respectively. 
(b) ASSESSMENT AND DETERMINATION.—With respect to each 
covered element, the Under Secretary shall conduct an assessment 
and determination of whether to treat the covered element as 
a major defense acquisition program. Such assessment shall 
include— 
(1) a requirements validation by the Joint Requirements 
Oversight Council; 
(2) an independent cost estimate prepared by the Director 
of Cost Assessment and Program Evaluation; 
(3) a test and evaluation master plan reviewed by the 
Director of Operational Test and Evaluation; and 
(4) a technology readiness assessment reviewed by the 
Assistant Secretary of Defense for Research and Engineering. 
(c) COVERED ELEMENT DEFINED.—In this section, the term ‘‘cov-
ered element’’ means any of the following elements of the undersea 
mobility acquisition program of the United States Special Oper-
ations Command: 
(1) The dry combat submersible-light program. 
(2) The dry combat submersible-medium program. 
(3) The next-generation submarine shelter program. 
(4) Any new dry combat submersible developed under the 
undersea mobility acquisition program of the United States
H. R. 1540—29 
Special Operations Command after the date of the enactment 
of this Act. 
SEC. 145. INCLUSION OF INFORMATION ON APPROVED COMBAT MIS-
SION REQUIREMENTS IN QUARTERLY REPORTS ON USE 
OF COMBAT MISSION REQUIREMENT FUNDS. 
Section 123(b) of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4159; 
10 U.S.C. 167 note) is amended by adding at the end the following 
new paragraphs: 
‘‘(6) A table setting forth the Combat Mission Requirements 
approved during the fiscal year in which such report is sub-
mitted and the two preceding fiscal years, including for each 
such Requirement— 
‘‘(A) the title of such Requirement; 
‘‘(B) the date of approval of such Requirement; and 
‘‘(C) the amount of funding approved for such Require-
ment, and the source of such approved funds. 
‘‘(7) A statement of the amount of any unspent Combat 
Mission Requirements funds from the fiscal year in which such 
report is submitted and the two preceding fiscal years.’’. 
SEC. 146. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIR-
CRAFT RE-ENGINING PROGRAM. 
(a) REPORT ON AUDIT OF FUNDS FOR PROGRAM.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Air Force Audit Agency shall 
submit to the congressional defense committees the results 
of a financial audit of the funds previously authorized and 
appropriated for the Joint Surveillance Target Attack Radar 
System (JSTARS) aircraft re-engining program. 
(2) ELEMENTS.—The report on the audit required by para-
graph (1) shall include the following: 
(A) A description of how the funds described in that 
paragraph were expended, including— 
(i) an assessment of the existence, completeness, 
and cost of the assets acquired with such funds; and 
(ii) an assessment of the costs that were capitalized 
as military equipment and inventory and the cost 
characterized as operating expenses (including payroll, 
freight and shipment, inspection, and other operating 
costs). 
(B) A statement of the amount of such funds that 
remain in the original budget lines. 
(C) A statement of the amount of such funds that 
were reprogrammed or expired, and in which accounts. 
(b) USE OF FUNDS.—The Secretary of the Air Force shall take 
appropriate actions to ensure that funds authorized to be appro-
priated by this Act for JSTARS aircraft, and any funds described 
by subsection (a)(2)(B), are obligated and expended for the purposes 
for which authorized and appropriated, including, but not limited 
to, the installation of one engine shipset on an operational JSTARS 
aircraft. 
SEC. 147. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF 
SPECIFIED F–35 LIGHTNING II JOINT STRIKE FIGHTER AIR-
CRAFT. 
(a) AUTHORITY.—
H. R. 1540—30 
(1) EXCHANGE AUTHORITY.—In accordance with subsection 
(c), the Secretary of Defense may transfer to the United 
Kingdom of Great Britain and Northern Ireland (in this section 
referred to as the ‘‘United Kingdom’’) all right, title, and interest 
of the United States in and to an aircraft described in para-
graph (2) in exchange for the transfer by the United Kingdom 
to the United States of all right, title, and interest of the 
United Kingdom in and to an aircraft described in paragraph 
(3). The Secretary may execute the exchange under this section 
on behalf of the United States only with the concurrence of 
the Secretary of State. 
(2) AIRCRAFT TO BE EXCHANGED BY UNITED STATES.—The 
aircraft authorized to be transferred by the United States under 
this subsection is an F–35 Lightning II aircraft in the Carrier 
Variant configuration acquired by the United States for the 
Marine Corps under a future Joint Strike Fighter program 
contract referred to as the Low-Rate Initial Production 6 con-
tract. 
(3) AIRCRAFT
TO
BE
EXCHANGED
BY
UNITED
KINGDOM.— 
The aircraft for which the exchange under paragraph (1) may 
be made is an F–35 Lightning II aircraft in the Short-Take 
Off and Vertical Landing configuration that, as of November 
19, 2010, is being acquired on behalf of the United Kingdom 
under an existing Joint Strike Fighter program contract 
referred to as the Low-Rate Initial Production 4 contract. 
(b) FUNDING FOR PRODUCTION OF AIRCRAFT.— 
(1) FUNDING
SOURCES
FOR
AIRCRAFT
TO
BE
EXCHANGED 
BY UNITED STATES.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), funds for production of the aircraft to be transferred 
by the United States (including the propulsion system, 
long lead-time materials, the production build, and defi-
ciency corrections) may be derived from appropriations for 
Aircraft Procurement, Navy, for the aircraft under the con-
tract referred to in subsection (a)(2). 
(B) EXCEPTION.—Costs for flight test instrumentation 
of the aircraft to be transferred by the United States and 
any other non-recurring and recurring costs for that aircraft 
associated with unique requirements of the United 
Kingdom may not be borne by the United States. 
(2) FUNDING
SOURCES
FOR
AIRCRAFT
TO
BE
EXCHANGED 
BY
UNITED
KINGDOM.—Costs for upgrades and modifications 
of the aircraft to be transferred to the United States that 
are necessary to bring that aircraft to the Low-Rate Initial 
Production 6 configuration under the contract referred to in 
subsection (a)(2) may not be borne by the United States. 
(c) IMPLEMENTATION.—The exchange under this section shall 
be implemented pursuant to the memorandum of understanding 
titled ‘‘Joint Strike Fighter Production, Sustainment, and Follow- 
on Development Memorandum of Understanding’’, which entered 
into effect among nine nations including the United States and 
the United Kingdom on December 31, 2006, consistent with section 
27 of the Arms Export Control Act (22 U.S.C. 2767), and as supple-
mented as necessary by the United States and the United Kingdom.
H. R. 1540—31 
SEC. 148. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF 
SHORT TAKE-OFF, VERTICAL LANDING VARIANT OF THE 
JOINT STRIKE FIGHTER. 
Not later than 45 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on the development of the short take- 
off, vertical landing variant of the Joint Strike Fighter (otherwise 
known as the F–35B Joint Strike Fighter) that includes the fol-
lowing: 
(1) An identification of the criteria that the Secretary deter-
mines must be satisfied before the F–35B Joint Strike Fighter 
can be removed from the two-year probationary status imposed 
by the Secretary on or about January 6, 2011. 
(2) A mid-probationary period assessment of— 
(A) the performance of the F–35B Joint Strike Fighter 
based on the criteria described in paragraph (1); and 
(B) the technical issues that remain in the development 
program for the F–35B Joint Strike Fighter. 
(3) A plan for how the Secretary intends to resolve the 
issues described in paragraph (2)(B) before January 6, 2013. 
SEC. 149. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS 
ACQUISITION REFORM ACT OF 2009 MEASURES WITHIN 
THE JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. 
At the same time the budget of the President for fiscal year 
2013 is submitted to Congress pursuant to section 1105 of title 
31, United States Code, the Under Secretary for Acquisition, Tech-
nology, and Logistics shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
on the plans of the Department of Defense to implement the require-
ments of the Weapon Systems Acquisition Reform Act of 2009 
(Public Law 111–23), and the amendments made by that Act, within 
the Joint Strike Fighter (JSF) aircraft program. The report shall 
set forth the following: 
(1) Specific goals for implementing the requirements of 
the Weapon Systems Acquisition Reform Act of 2009, and the 
amendments made by that Act, within the Joint Strike Fighter 
aircraft program. 
(2) A schedule for achieving each goal set forth under 
paragraph (1) for the Joint Strike Fighter aircraft program. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Limitation on availability of funds for the ground combat vehicle pro-
gram. 
Sec. 212. Limitation on the individual carbine program. 
Sec. 213. Limitation on availability of funds for Future Unmanned Carrier-based 
Strike System. 
Sec. 214. Limitation on availability of funds for amphibious assault vehicles of the 
Marine Corps. 
Sec. 215. Limitation on obligation of funds for the F–35 Lightning II aircraft pro-
gram. 
Sec. 216. Limitation on use of funds for Increment 2 of B–2 bomber aircraft ex-
tremely high frequency satellite communications program.
H. R. 1540—32 
Sec. 217. Limitation on availability of funds for the Joint Space Operations Center 
management system. 
Sec. 218. Limitation on availability of funds for wireless innovation fund. 
Sec. 219. Prohibition on delegation of budgeting authority for certain research and 
educational programs. 
Sec. 220. Designation of main propulsion turbomachinery of the next-generation 
long-range strike bomber aircraft as major subprogram. 
Sec. 221. Designation of electromagnetic aircraft launch system development and 
procurement program as major subprogram. 
Sec. 222. Advanced rotorcraft flight research and development. 
Sec. 223. Preservation and storage of certain property related to F136 propulsion 
system. 
Subtitle C—Missile Defense Programs 
Sec. 231. Acquisition accountability reports on the ballistic missile defense system. 
Sec. 232. Comptroller General review and assessment of missile defense acquisition 
programs. 
Sec. 233. Homeland defense hedging policy and strategy. 
Sec. 234. Ground-based midcourse defense program. 
Sec. 235. Limitation on availability of funds for the medium extended air defense 
system. 
Sec. 236. Sense of Congress regarding ballistic missile defense training. 
Subtitle D—Reports 
Sec. 241. Extension of requirements for biennial roadmap and annual review and 
certification on funding for development of hypersonics. 
Sec. 242. Report and cost assessment of options for Ohio-class replacement ballistic 
missile submarine. 
Sec. 243. Report on the electromagnetic rail gun system. 
Sec. 244. Annual comptroller general report on the KC–46A aircraft acquisition 
program. 
Sec. 245. Independent review and assessment of cryptographic modernization pro-
gram. 
Sec. 246. Report on increased budget items. 
Subtitle E—Other Matters 
Sec. 251. Repeal of requirement for Technology Transition Initiative. 
Sec. 252. Contractor cost-sharing in pilot program to include technology protection 
features during research and development of certain defense systems. 
Sec. 253. Extension of authority for mechanisms to provide funds for defense lab-
oratories for research and development of technologies for military mis-
sions. 
Sec. 254. National defense education program. 
Sec. 255. Laboratory facilities, Hanover, New Hampshire. 
Sec. 256. Sense of Congress on active matrix organic light emitting diode tech-
nology. 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2012 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as specified in the funding table in 
section 4201. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. LIMITATION ON AVAILABILITY OF FUNDS FOR THE GROUND 
COMBAT VEHICLE PROGRAM. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2012 for research, develop-
ment, test, and evaluation, Army, for the ground combat vehicle
H. R. 1540—33 
program, not more than 80 percent may be obligated or expended 
until the date on which the Secretary of the Army submits to 
the congressional defense committees a report containing— 
(1) the plans of the Secretary to carry out— 
(A) a dynamic analysis of alternatives update described 
in the acquisition decision memorandum issued by the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics on August 17, 2011; and 
(B) a separate assessment of selected non-develop-
mental vehicles described in such memorandum; and 
(2) a description of the resources the Secretary considers 
necessary to carry out the plans under paragraph (1), including 
the amount of funding required in fiscal years 2012 and 2013. 
SEC. 212. LIMITATION ON THE INDIVIDUAL CARBINE PROGRAM. 
(a) LIMITATION.—Notwithstanding any other provision of law, 
and except as provided by subsection (b), the individual carbine 
program may not receive Milestone C approval (as defined in section 
2366(e)(8) of title 10, United States Code) until the date on which 
the Secretary of the Army submits to the congressional defense 
committees a business case assessment of such program, including, 
at a minimum, comparisons of the capabilities and costs of— 
(1) commercially available weapon systems as of the date 
of the assessment, including complete weapon systems and 
kits to apply to existing weapon systems; and 
(2) weapon systems that are fielded as of the date of the 
assessment that include any required improvements. 
(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 
the limitation under subsection (a) if the Secretary submits to 
the congressional defense committees written certification that the 
waiver is in the national security interests of the United States. 
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE 
UNMANNED CARRIER-BASED STRIKE SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2012 for 
research, development, test, and evaluation, Navy, for the Future 
Unmanned Carrier-based Strike System, not more than 75 percent 
may be obligated or expended until the date that is 60 days after 
the date on which— 
(1) the Chairman of the Joint Requirements Oversight 
Council certifies to the congressional defense committees that— 
(A) such system is required to fill a validated capability 
gap of the Department of Defense; and 
(B) the Council has reviewed and approved the initial 
capability and development document relating to such 
system; 
(2) the Assistant Secretary of the Navy for Research, 
Development, and Acquisition submits to the congressional 
defense committees a report containing— 
(A) a delineation of threshold and objective key 
performance parameters; 
(B) a certification that the threshold and objective key 
performance parameters for such system have been estab-
lished and are achievable; and 
(C) a description of the requirements of such system 
with respect to— 
(i) weapons payload;
H. R. 1540—34 
(ii) intelligence, reconnaissance, and surveillance 
equipment; 
(iii) electronic attack and electronic protection 
equipment; 
(iv) communications equipment; 
(v) range; 
(vi) mission endurance for un-refueled and aerial 
refueled operations; 
(vii) low-observability characteristics; 
(viii) affordability; 
(ix) survivability; and 
(x) interoperability with other Navy and joint- 
service unmanned aerial systems and mission control 
stations; and 
(3) the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics certifies to the congressional defense 
committees that— 
(A) the Secretary of the Navy has completed a com-
prehensive analysis of alternatives for such system; 
(B) the acquisition strategy of the Secretary for the 
technology development and initial fielding phases of such 
system is achievable and presents medium, or less, risk 
with respect to cost, schedule, funding, and testing pro-
gram; 
(C) such acquisition strategy integrates a fair and open 
competitive acquisition strategy environment for all poten-
tial competitors; 
(D) the data, information, and lessons learned from 
the Unmanned Carrier-based Aircraft System of the Navy 
are sufficiently integrated into the acquisition strategy of 
the Future Unmanned Carrier-based Strike System and 
that the level of concurrency between the programs is 
prudent and reasonable; 
(E) the Secretary has sufficient fiscal resources budg-
eted in the future years defense plan and extended plan-
ning period that supports the acquisition strategy described 
in subparagraph (B); and 
(F) the acquisition strategy— 
(i) complies with the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111–23), and the 
amendments made by that Act, and Department of 
Defense Instruction 5000.02; and 
(ii) requires the implementation of open architec-
ture standards. 
(b) GAO BRIEFING.—Not later than 90 days after the date 
on which the certifications and report under subsection (a) are 
received by the congressional defense committees, the Comptroller 
General of the United States shall brief the congressional defense 
committees on an evaluation of the acquisition strategy of the 
Secretary of the Navy for the Future Unmanned Carrier-based 
Strike System. 
(c) FORM.—The report required by subsection (a)(2) shall be 
submitted in unclassified form, but may include a classified annex. 
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AMPHIBIOUS 
ASSAULT VEHICLES OF THE MARINE CORPS. 
(a) LIMITATIONS.—
H. R. 1540—35 
(1) LIMITATION ON FUNDING.—Except as provided by sub-
sections (d) and (e), none of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2012 for procurement, Marine Corps, or research, development, 
test, and evaluation, Navy, may be obligated or expended for 
the amphibious programs described in subsection (c) until the 
date on which the Secretary of the Navy, in coordination with 
the Commandant of the Marine Corps, submits to the congres-
sional defense committees a report containing— 
(A) written certification of the requirements for 
amphibious assault vehicles of the Marine Corps, based 
on the needs of the commanders of the combatant com-
mands, relating to— 
(i) the distance from the shore needed to begin 
an amphibious assault; 
(ii) the speed at which the vehicle must travel 
in order to reach the shore in the time required for 
such assault; and 
(iii) the armor requirements for all potential com-
bat environments, including the possible use of 
applique´ armor; and 
(B) the analysis of alternatives conducted under sub-
section (b)(1). 
(2) LIMITATION
ON
MPC
MILESTONE
B.—Milestone B 
approval may not be granted for the Marine Personnel Carrier 
until 30 days after the date on which the report under para-
graph (1) is submitted to the congressional defense committees. 
(b) ANALYSIS OF ALTERNATIVES.— 
(1) ANALYSIS.—The Secretary of the Navy, in coordination 
with the Commandant of the Marine Corps, shall conduct an 
analysis of alternatives of the amphibious assault vehicles 
described in paragraph (2). With respect to such vehicles, such 
analysis shall include— 
(A) comparisons of the capabilities and total lifecycle 
ownership costs (including costs with respect to research, 
development, test, and evaluation, procurement, and oper-
ation and maintenance); and 
(B) an independent review of the analysis of cost pre-
pared by a federally funded research and development 
center. 
(2) 
AMPHIBIOUS
ASSAULT
VEHICLES
DESCRIBED.—The 
amphibious assault vehicles described in this paragraph are 
amphibious assault vehicles that— 
(A) meet the requirements described in subsection 
(a)(1)(A), including— 
(i) an upgraded assault amphibious vehicle 7A1; 
(ii) the expeditionary fighting vehicle; and 
(iii) a new amphibious combat vehicle; and 
(B) include at least one vehicle that is capable of accel-
erating until the vehicle moves along the top of the water 
(commonly known as ‘‘getting up on plane’’) and at least 
one vehicle that is not capable of such acceleration. 
(c) AMPHIBIOUS PROGRAMS DESCRIBED.—The amphibious pro-
grams described in this subsection are the following: 
(1) The assault amphibious vehicle 7A1, program element 
206623M.
H. R. 1540—36 
(2) The Marine Corps assault vehicle, program element 
603611M. 
(3) The termination of the expeditionary fighting vehicle 
program. 
(d) AAV7A1 IMPROVEMENT PROGRAM.—The limitation in sub-
section (a)(1) shall not apply to funds made available for procure-
ment, Marine Corps, for the procurement of— 
(1) an assault amphibious vehicle 7A1 with— 
(A) survivability upgrades under the survivability 
product improvement program; or 
(B) other necessary survivability capabilities that are 
in response to urgent operational needs; or 
(2) improvements to a previously procured assault amphib-
ious vehicle 7A1 that address safety of use, environmental 
inhabitability, and operational availability. 
(e) MARINE
CORPS
ASSAULT
VEHICLE, PROGRAM
ELEMENT 
603611M.—The limitation in subsection (a)(1) shall not apply to 
funds made available for research, development, test, and evalua-
tion, Navy, for the Marine Corps assault vehicle, program element 
603611M, to— 
(1) conduct an analysis of alternatives and supporting 
analytical activities; or 
(2) conduct technology integration development and 
engineering to— 
(A) refine and validate requirements; and 
(B) reduce cost, schedule, and technical risk prior to 
the initiation of the amphibious combat vehicle program. 
(f) ASSESSMENT ON HABITABILITY.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of the Navy 
shall submit to the congressional defense committees a habitability 
assessment with respect to the period of time a member of the 
Armed Forces can spend in the back of an amphibious assault 
vehicle that is not ‘‘up on plane’’ while still remaining combat 
effective. Such assessment shall cover a set of operationally relevant 
speeds and ranges. The Secretary shall include the results and 
information from any recently performed tests related to such 
assessment. 
SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE F–35 LIGHT-
NING II AIRCRAFT PROGRAM. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2012 for research and 
development for the F–35 Lightning II aircraft program, not more 
that 80 percent may be obligated or expended until the date on 
which the Secretary of Defense certifies to the congressional defense 
committees that the acquisition strategy for the F–35 Lightning 
II aircraft includes a plan for achieving competition throughout 
operation and sustainment, in accordance with section 202(d) of 
the Weapon Systems Acquisition Reform Act of 2009 (Public Law 
111–23; 10 U.S.C. 2430 note). 
SEC. 216. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B– 
2 BOMBER AIRCRAFT EXTREMELY HIGH FREQUENCY SAT-
ELLITE COMMUNICATIONS PROGRAM. 
Of the funds authorized to be appropriated by section 201 
for research, development, test, and evaluation for the Air Force 
as specified in the funding table in section 4201 and available 
for Increment 2 of the B–2 bomber aircraft extremely high frequency
H. R. 1540—37 
satellite communications program, not more than 40 percent may 
be obligated or expended until the date that is 15 days after 
the date on which the Secretary of the Air Force submits to the 
congressional defense committees the following: 
(1) The certification of the Secretary that— 
(A) the United States Government will own the data 
rights to any extremely high frequency active electronically 
steered array antenna developed for use as part of a system 
to support extremely high frequency protected satellite 
communications for the B–2 bomber aircraft; and 
(B) the use of an extremely high frequency active elec-
tronically steered array antenna is the most cost effective 
and lowest risk option available to support extremely high 
frequency satellite communications for the B–2 bomber 
aircraft. 
(2) A detailed plan setting forth the projected cost and 
schedule for research, development, and testing on the 
extremely high frequency active electronically steered array 
antenna. 
SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT 
SPACE OPERATIONS CENTER MANAGEMENT SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) improvements to the space situational awareness and 
space command and control capabilities of the United States 
are necessary; and 
(2) the traditional defense acquisition process is not optimal 
for developing the services-oriented architecture and net-centric 
environment planned for the Joint Space Operations Center 
management system. 
(b) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year 
2012 for research, development, test, and evaluation, Air Force, 
for release one of the Joint Space Operations Center management 
system may be obligated or expended until the date on which 
the Secretary of the Air Force and the Under Secretary of Defense 
for Acquisition, Technology, and Logistics jointly submit to the 
congressional defense committees the acquisition strategy for such 
management system, including— 
(1) a description of the acquisition policies and procedures 
applicable to such management system; and 
(2) a description of any additional acquisition authorities 
necessary to ensure that such management system is able 
to implement a services-oriented architecture and net-centric 
environment for space situational awareness and space com-
mand and control. 
SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR WIRELESS 
INNOVATION FUND. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2012 for the wireless 
innovation fund within the Defense Advanced Research Projects 
Agency, not more than 10 percent may be obligated or expended 
until the date that is 30 days after the date on which the Under 
Secretary of Defense for Acquisition, Technology, and Logistics sub-
mits to the congressional defense committees a report on how 
such fund will be managed and executed, including—
H. R. 1540—38 
(1) a concept of operation for how such fund will operate, 
particularly with regards to supporting the interagency commu-
nity; 
(2) a description of— 
(A) the governance structure, including how decision- 
making with interagency partners will be conducted; 
(B) the funding mechanism for interagency collabo-
rators; 
(C) the metrics for measuring the performance and 
effectiveness of the program; and 
(D) the reporting mechanisms to provide oversight of 
the fund by the Department of Defense, the interagency 
partners, and Congress; and 
(3) any other matters the Under Secretary considers appro-
priate. 
SEC. 219. PROHIBITION ON DELEGATION OF BUDGETING AUTHORITY 
FOR CERTAIN RESEARCH AND EDUCATIONAL PROGRAMS. 
(a) PROHIBITION
ON DELEGATION.—Subsection (a) of section 
2362 of title 10, United States Code, is amended— 
(1) by striking ‘‘The Secretary of Defense’’ and inserting 
‘‘(1) The Secretary of Defense’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) The Secretary of Defense may not delegate or transfer 
to an individual outside the Office of the Secretary of Defense 
the authority regarding the programming or budgeting of the pro-
gram established by this section that is carried out by the Assistant 
Secretary of Defense for Research and Engineering.’’. 
(b) CONFORMING AMENDMENTS.—Such section 2362 is amended 
further— 
(1) in subsection (b), by striking ‘‘established under sub-
section (a)’’ and inserting ‘‘established by subsection (a)(1)’’; 
and 
(2) in subsection (c), by striking ‘‘subsection (a)’’ and 
inserting ‘‘subsection (a)(1)’’. 
SEC. 220. DESIGNATION OF MAIN PROPULSION TURBOMACHINERY OF 
THE NEXT-GENERATION LONG-RANGE STRIKE BOMBER 
AIRCRAFT AS MAJOR SUBPROGRAM. 
(a) DESIGNATION AS MAJOR SUBPROGRAM.—Not later than 30 
days after the date on which the next-generation long-range strike 
bomber aircraft receives Milestone A approval, the Secretary of 
Defense shall designate the development and procurement of the 
main propulsion turbomachinery of the next-generation long-range 
strike bomber aircraft as a major subprogram of the next-generation 
long-range strike bomber aircraft major defense acquisition pro-
gram, in accordance with section 2430a of title 10, United States 
Code. 
(b) COMPETITIVE ACQUISITION STRATEGY.—The Secretary of the 
Air Force shall develop an acquisition strategy for the major subpro-
gram designated in subsection (a) that is in accordance with sub-
sections (a) and (b) of section 202 of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 
2430 note).
H. R. 1540—39 
SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT LAUNCH 
SYSTEM DEVELOPMENT AND PROCUREMENT PROGRAM AS 
MAJOR SUBPROGRAM. 
Not later than 30 days after the date of the enactment of 
this Act, the Secretary of Defense shall designate the electro-
magnetic aircraft launch development and procurement program 
as a major subprogram of the CVN–78 Ford-class aircraft carrier 
major defense acquisition program, in accordance with section 2430a 
of title 10, United States Code. The Secretary may cease such 
designation after the date on which the electromagnetic aircraft 
launch system is certified as operationally effective and suitable 
by the Director of Operational Test and Evaluation. 
SEC. 222. ADVANCED ROTORCRAFT FLIGHT RESEARCH AND DEVELOP-
MENT. 
(a) PROGRAM AUTHORIZED.—The Secretary of the Army may 
conduct a program for flight research and demonstration of 
advanced rotorcraft technology. 
(b) GOALS AND OBJECTIVES.—The goals and objectives of the 
program authorized by subsection (a) are as follows: 
(1) To flight demonstrate the ability of advanced rotorcraft 
technology to expand the flight envelope and improve the speed, 
range, payload, ceiling, survivability, reliability, and afford-
ability of current and future rotorcraft of the Department of 
Defense. 
(2) To mature advanced rotorcraft technology and obtain 
flight-test data to— 
(A) support the assessment of such technology for 
future rotorcraft platform development programs of the 
Department; and 
(B) have the ability to add such technology to the 
existing rotorcraft of the Department to extend the capa-
bility and life of such rotorcraft until next-generation plat-
forms are fielded. 
(c) ELEMENTS OF PROGRAM.—The program authorized by sub-
section (a) may include— 
(1) integration and demonstration of advanced rotorcraft 
technology to meet the goals and objectives described in sub-
section (b); and 
(2) flight demonstration of the advanced rotorcraft tech-
nology test bed under the experimental airworthiness process 
of the Federal Aviation Administration or other appropriate 
airworthiness process approved by the Secretary of Defense. 
(d) COMPETITION.—In awarding a contract under this section, 
the Secretary shall use competitive procedures in accordance with 
the requirements of section 2304 of title 10, United States Code, 
and shall consider a timely offer submitted by a small business 
concern (as defined in section 2225(f)(3) of such title) in accordance 
with the specifications and evaluation factors specified in the solici-
tation. 
SEC. 223. PRESERVATION AND STORAGE OF CERTAIN PROPERTY 
RELATED TO F136 PROPULSION SYSTEM. 
(a) PLAN.—The Secretary of Defense shall develop a plan for 
the disposition of property owned by the Federal Government that 
was acquired under the F136 propulsion system development con-
tract. The plan shall—
H. R. 1540—40 
(1) ensure that the Secretary preserves and stores, uses, 
or disposes of such property in a manner that— 
(A) provides for the long-term sustainment and repair 
of such property pending the determination by the Depart-
ment of Defense that such property— 
(i) can be used within the F–35 Lightning II air-
craft program, in other Government development pro-
grams, or in other contractor-funded development 
activities; 
(ii) can be stored for use in future Government 
development programs; or 
(iii) should be disposed; and 
(B) allows for such preservation and storage of identi-
fied property to be conducted at either the facilities of 
the Federal Government or a contractor under such con-
tract; and 
(2) identify any contract modifications, additional facilities, 
or funding that the Secretary determines necessary to carry 
out the plan. 
(b) RESTRICTION ON THE USE OF FUNDS.—None of the amounts 
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2012 for research, development, test, and evalua-
tion, Navy, or research, development, test, and evaluation, Air 
Force, for the F–35 Lightning II aircraft program may be obligated 
or expended for activities related to destroying or disposing of 
the property described in subsection (a) until the date that is 
30 days after the date on which the report under subsection (c) 
is submitted to the congressional defense committees. 
(c) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the plan under 
subsection (a). That report shall describe how the Secretary intends 
to obtain maximum benefit to the Federal Government from the 
investment already made in developing the F136. 
Subtitle C—Missile Defense Programs 
SEC. 231. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC 
MISSILE DEFENSE SYSTEM. 
(a) BASELINE REQUIRED.— 
(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 
is amended by inserting after section 224 the following new 
section: 
‘‘§ 225. Acquisition accountability reports on the ballistic mis-
sile defense system 
‘‘(a) BASELINES REQUIRED.—(1) In accordance with paragraph 
(2), the Director of the Missile Defense Agency shall establish 
and maintain an acquisition baseline for— 
‘‘(A) each program element of the ballistic missile defense 
system, as specified in section 223 of this title; and 
‘‘(B) each designated major subprogram of such program 
elements. 
‘‘(2) The Director shall establish an acquisition baseline 
required by paragraph (1) before the date on which the program 
element or major subprogram enters—
H. R. 1540—41 
‘‘(A) engineering and manufacturing development (or its 
equivalent); and 
‘‘(B) production and deployment. 
‘‘(3) Except as provided by subsection (d), the Director may 
not adjust or revise an acquisition baseline established under this 
section. 
‘‘(b) ELEMENTS
OF
BASELINES.—Each acquisition baseline 
required by subsection (a) for a program element or major subpro-
gram shall include the following: 
‘‘(1) A comprehensive schedule, including— 
‘‘(A) research and development milestones; 
‘‘(B) acquisition milestones, including design reviews 
and key decision points; 
‘‘(C) key test events, including ground and flight tests 
and ballistic missile defense system tests; 
‘‘(D) delivery and fielding schedules; 
‘‘(E) quantities of assets planned for acquisition and 
delivery in total and by fiscal year; and 
‘‘(F) planned contract award dates. 
‘‘(2) A detailed technical description of— 
‘‘(A) the capability to be developed, including hardware 
and software; 
‘‘(B) system requirements, including performance 
requirements; 
‘‘(C) how the proposed capability satisfies a capability 
identified by the commanders of the combatant commands 
on a prioritized capabilities list; 
‘‘(D) key knowledge points that must be achieved to 
permit continuation of the program and to inform produc-
tion and deployment decisions; and 
‘‘(E) how the Director plans to improve the capability 
over time. 
‘‘(3) A cost estimate, including— 
‘‘(A) a life-cycle cost estimate that separately identifies 
the costs regarding research and development, procure-
ment, military construction, operations and sustainment, 
and disposal; 
‘‘(B) program acquisition unit costs for the program 
element; 
‘‘(C) average procurement unit costs and program 
acquisition costs for the program element; and 
‘‘(D) an identification of when the document regarding 
the program joint cost analysis requirements description 
is scheduled to be approved. 
‘‘(4) A test baseline summarizing the comprehensive test 
program for the program element or major subprogram outlined 
in the integrated master test plan. 
‘‘(c) ANNUAL REPORTS
ON ACQUISITION BASELINES.—(1) Not 
later than February 15 of each year, the Director shall submit 
to the congressional defense committees a report on the acquisition 
baselines required by subsection (a). 
‘‘(2)(A) The first report under paragraph (1) shall set forth 
each acquisition baseline required by subsection (a) for a program 
element or major subprogram. 
‘‘(B) Each subsequent report under paragraph (1) shall 
include—
H. R. 1540—42 
‘‘(i) any new acquisition baselines required by subsection 
(a) for a program element or major subprogram; and 
‘‘(ii) with respect to an acquisition baseline that was pre-
viously included in a report under paragraph (1), an identifica-
tion of any changes or variances made to the elements described 
in subsection (b) for such acquisition baseline, as compared 
to— 
‘‘(I) the initial acquisition baseline for such program 
element or major subprogram; and 
‘‘(II) the acquisition baseline for such program element 
or major subprogram that was submitted in the report 
during the previous year. 
‘‘(3) Each report under this subsection shall be submitted in 
unclassified form, but may include a classified annex. 
‘‘(d) EXCEPTION TO LIMITATION ON REVISION.—The Director may 
adjust or revise an acquisition baseline established under this sec-
tion if the Director submits to the congressional defense committees 
notification of— 
‘‘(1) a justification for such adjustment or revision; 
‘‘(2) the specific adjustments or revisions made to the 
acquisition baseline, including to the elements described in 
subsection (b); and 
‘‘(3) the effective date of the adjusted or revised acquisition 
baseline.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘225. Acquisition accountability reports on the ballistic missile defense system.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) FISCAL YEAR 2011 NDAA.—Section 225 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 124 Stat. 4170; 10 U.S.C. 223 note) is repealed. 
(2) FISCAL YEAR 2008 NDAA.—Section 223 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 39; 10 U.S.C. 223 note) is amended by 
striking subsection (g). 
(3) FISCAL YEAR 2003 NDAA.—Section 221 of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107–314; 116 Stat. 2484; 10 U.S.C. 2431 note) is repealed. 
SEC. 232. COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MIS-
SILE DEFENSE ACQUISITION PROGRAMS. 
(a) COMPTROLLER GENERAL ASSESSMENT.— 
(1) IN GENERAL.—The Comptroller General of the United 
States shall review the annual reports submitted under section 
225(c) of title 10, United States Code, as added by section 
231 of this Act, that cover any of fiscal years 2012 through 
2015 and assess the extent to which the Missile Defense Agency 
has achieved its acquisition goals and objectives. 
(2) REPORTS.—Not later than March 15, 2013, and each 
year thereafter through 2016, the Comptroller General shall 
submit to the congressional defense committees a report on 
the assessment under paragraph (1) with respect to the acquisi-
tion baselines for the preceding fiscal year. Each report shall 
include any findings and recommendations on missile defense
H. R. 1540—43 
acquisition programs and accountability therefore that the 
Comptroller General considers appropriate. 
(b) ANNUAL REPORTS ON MISSILE DEFENSE EXECUTIVE BOARD 
ACTIVITIES.—In each of the first three reports submitted under 
section 225(c) of title 10, United States Code, as added by section 
231 of this Act, the Director shall include a description of the 
activities of the Missile Defense Executive Board during the fiscal 
year preceding the date of the report, including the following: 
(1) A list of each meeting of the Board during such year. 
(2) The agenda and issues considered at each such meeting. 
(3) A description of any decisions or recommendations made 
by the Board at each such meeting. 
(c) REPEAL OF SUPERSEDED REPORTING AUTHORITY.—Section 
232 of the National Defense Authorization Act for Fiscal Year 
2002 (Public Law 107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) 
is amended by striking subsection (g). 
SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND STRATEGY. 
(a) REPORT REQUIRED.—In light of the homeland missile defense 
hedging policy and strategy framework described in the Ballistic 
Missile Defense Review of 2010, not later than 75 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
results of the missile defense hedging strategy review for the protec-
tion of the homeland of the United States. 
(b) ELEMENTS.—The report under subsection (a) shall include 
the following: 
(1) A description of the findings and conclusions of the 
strategy review. 
(2) A description of the hedging alternatives and capabili-
ties considered by the Secretary. 
(3) A summary of the analyses conducted, including the 
criteria used to assess the alternatives and capabilities 
described in paragraph (2). 
(4) A detailed description of the plans, programs, and the 
budget profile for implementing the strategy through the future 
years defense program submitted to Congress under section 
221 of title 10, United States Code, with the budget of the 
President for fiscal year 2013. 
(5) The criteria to be used in determining whether and 
when each item contained in the strategy should be imple-
mented and the schedule and budget profile required to imple-
ment each item. 
(6) A discussion of the feasibility and advisability of 
deploying a missile defense site on the East Coast of the United 
States. 
(7) Any other information the Secretary considers nec-
essary. 
(c) FORM.—The report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex. 
SEC. 234. GROUND-BASED MIDCOURSE DEFENSE PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) it is essential for the ground-based midcourse defense 
element of the ballistic missile defense system to achieve the 
levels of reliability, availability, sustainability, and operational 
performance that will allow it to continue providing protection 
of the United States homeland, throughout its operational
H. R. 1540—44 
service life, against limited ballistic missile attack (whether 
accidental, unauthorized, or deliberate); 
(2) the Missile Defense Agency should, as its highest pri-
ority, determine the root cause of the December 2010 flight- 
test failure of the ground-based midcourse defense system, 
design a correction of the problem causing the flight-test failure, 
and verify through extensive testing that such correction is 
effective and will allow the ground-based midcourse defense 
system to reach levels described in paragraph (1); 
(3) after the Missile Defense Agency has verified the correc-
tion of the problem causing the December 2010 flight-test 
failure, including through the two previously unplanned 
verification flight tests, the Agency should assess the need 
for any additional ground-based interceptors and any additional 
steps needed for the ground-based midcourse defense testing 
and sustainment program; and 
(4) the Department of Defense should plan for and budget 
sufficient future funds for the ground-based midcourse defense 
program to ensure the ability to complete and verify an effective 
correction of the problem causing the December 2010 flight- 
test failure, to mitigate the effects of corrective actions on 
previously planned program work that is deferred as a result 
of such corrective actions, and to enhance the program over 
time. 
(b) REPORTS.— 
(1) REPORTS REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, and one year thereafter, 
the Secretary of Defense shall submit to the congressional 
defense committees a report describing the plan of the Depart-
ment of Defense to correct the problem causing the December 
2010 flight-test failure of the ground-based midcourse defense 
system, and any progress toward the achievement of that plan. 
(2) ELEMENTS.—Each report required by paragraph (1) 
shall include the following: 
(A) A detailed discussion of the plan to correct the 
problem described in that paragraph, including plans for 
diagnostic, design, testing, and manufacturing actions. 
(B) A detailed discussion of any results obtained from 
the plan described in subparagraph (A) as of the date 
of such report, including diagnostic, design, testing, or 
manufacturing results. 
(C) A description of any cost or schedule impact of 
the plan on the ground-based midcourse defense program, 
including on testing, production, refurbishment, or deferred 
work. 
(D) A description of any planned adjustments to the 
ground-based midcourse defense program as a result of 
the implementation of the plan, including future pro-
grammatic, schedule, testing, or funding adjustments. 
(E) A description of any enhancements to the capability 
of the ground-based midcourse defense system achieved 
or planned since the submittal of the budget for fiscal 
year 2010 pursuant to section 1105 of title 31, United 
States Code. 
(3) FORM.—Each report required by paragraph (1) shall 
be in unclassified form, but may include a classified annex.
H. R. 1540—45 
SEC. 235. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MEDIUM 
EXTENDED AIR DEFENSE SYSTEM. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2012 for 
the medium extended air defense system program, not more than 
25 percent may be obligated or expended until the date on which 
the Secretary of Defense submits to the congressional defense 
committees a plan to use such funds as final obligations under 
such program for either— 
(1) implementing a restructured program of reduced scope; 
or 
(2) contract termination liability costs with respect to the 
contracts covering the program. 
(b) ELEMENTS.—The plan under subsection (a) shall include 
the following: 
(1) The plan of the Secretary for using funds authorized 
to be appropriated by this Act or otherwise made available 
for fiscal year 2012 for the medium extended air defense system 
program for the purposes described in paragraph (1) or (2) 
of subsection (a). 
(2) An explanation of the amount of the total cost for 
which the United States would be liable with respect to either— 
(A) restructuring the program as described in such 
paragraph (1); or 
(B) terminating the contracts covering the program, 
either unilaterally or multilaterally, as described in such 
paragraph (2). 
(3) An explanation of the terms of any agreement with 
Germany or Italy (or both) with respect to program restruc-
turing or contract termination. 
(4) A description of the program schedule and specific ele-
ments of a restructured program to develop, test, and evaluate 
technologies for possible incorporation into future air and mis-
sile defense architectures of the United States. 
(5) A description of the specific technologies identified by 
the Secretary for possible incorporation into future air and 
missile defense architectures of the United States. 
(6) A description of how the Secretary plans to address 
the future air and missile defense requirements of the Depart-
ment of Defense in the absence of a fielded medium extended 
air defense system capability, including a summary of activities, 
the cost estimate, and the funding profile necessary to sustain 
and upgrade the Patriot air and missile defense system. 
(c) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report providing a 
detailed description of the efforts the Secretary has made with 
Germany and Italy, including any involvement by the Secretary 
of State, to agree on ways to minimize the costs to each nation 
of implementing a restructured program or of unilateral or multilat-
eral contract termination. 
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE 
DEFENSE TRAINING. 
It is the sense of Congress that—
H. R. 1540—46 
(1) progress has been made in improving the integration 
of ballistic missile defense training across and between combat-
ant commands and military services and identifying the 
training requirements, capabilities, and resources that the 
Department of Defense needs for this complex mission that 
is vital to the protection of the United States and its deployed 
forces and allies against ballistic missile attacks; 
(2) it is important to continue effective and integrated 
missile defense training to improve the capabilities of the bal-
listic missile defense system and its elements; and 
(3) the Department of Defense should continue to identify 
the capabilities and resources needed to effectively and ade-
quately integrate training across and between the combatant 
commands and military services and should continue efforts 
to improve such training. 
Subtitle D—Reports 
SEC. 241. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP 
AND ANNUAL REVIEW AND CERTIFICATION ON FUNDING 
FOR DEVELOPMENT OF HYPERSONICS. 
Section 218(e)(3) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2126; 10 U.S.C. 2358 note) is amended by striking ‘‘2012’’ 
and inserting ‘‘2016’’. 
SEC. 242. REPORT AND COST ASSESSMENT OF OPTIONS FOR OHIO- 
CLASS REPLACEMENT BALLISTIC MISSILE SUBMARINE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Navy and the 
Commander of the United States Strategic Command shall jointly 
submit to the congressional defense committees a report on each 
of the options described in subsection (b) to replace the Ohio- 
class ballistic submarine program. The report shall include the 
following: 
(1) An assessment of the procurement cost and total life- 
cycle costs associated with each option. 
(2) An assessment of the ability for each option to meet— 
(A) the at-sea requirements of the Commander that 
are in place as of the date of the enactment of this Act; 
and 
(B) any expected changes in such requirements. 
(3) An assessment of the ability for each option to meet— 
(A) the nuclear employment and planning guidance 
in place as of the date of the enactment of this Act; and 
(B) any expected changes in such guidance. 
(4) A description of the postulated threat and strategic 
environment used to inform the selection of a final option 
and how each option provides flexibility for responding to 
changes in the threat and strategic environment. 
(b) OPTIONS CONSIDERED.—The options described in this sub-
section to replace the Ohio-class ballistic submarine program are 
as follows: 
(1) A fleet of 12 submarines with 16 missile tubes each. 
(2) A fleet of 10 submarines with 20 missile tubes each. 
(3) A fleet of 10 submarines with 16 missile tubes each.
H. R. 1540—47 
(4) A fleet of eight submarines with 20 missile tubes each. 
(5) Any other options the Secretary and the Commander 
consider appropriate. 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex. 
SEC. 243. REPORT ON THE ELECTROMAGNETIC RAIL GUN SYSTEM. 
(a) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit 
to the congressional defense committees a report on the develop-
ment, future deployment, and operational challenges of the electro-
magnetic rail gun system of the Navy. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An assessment of the various operational problem sets 
the electromagnetic rail gun system might be used against, 
including— 
(A) naval surface fire support; 
(B) anti-surface warfare, including small-boat threats; 
(C) cruise missile, ballistic missile, and anti-aircraft 
defense; and 
(D) other missions as defined by the Secretary. 
(2) An analysis of the technical challenges in developing 
the electromagnetic rail gun system, including— 
(A) power generation and storage to achieve desired 
firing rates and ranges; 
(B) projectile development; 
(C) launcher/bore design and lifetime; and 
(D) ship integration challenges. 
(3) An identification of existing supporting research pro-
grams being executed outside of the Navy that support the 
development of the electromagnetic rail gun system, as well 
as opportunities where collaborative research between the Navy 
and other research components could accelerate development. 
(4) An assessment of possible deployment configurations, 
including— 
(A) for ship-based applications, an identification of can-
didate ships for initial integration; 
(B) for land-based applications, an identification of pos-
sible mission sets and locations for early prototyping 
opportunities; and 
(C) other alternative approaches for rapid prototyping. 
(5) With respect to the information provided by the Sec-
retary of the Navy under paragraphs (1) through (4), the opin-
ions of the Secretary of the Army, the Commandant of the 
Marine Corps, the Assistant Secretary of Defense for Research 
and Engineering, the Director of the Missile Defense Agency, 
and the Director of the Defense Advanced Research Projects 
Agency. 
(c) INTERIM UPDATE.—Not later than 90 days after the date 
of the enactment of this Act, the Chief of Naval Research shall 
provide an update briefing to the congressional defense committees. 
(d) FORM.—The report required by paragraph (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
H. R. 1540—48 
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE KC–46A 
AIRCRAFT ACQUISITION PROGRAM. 
(a) ANNUAL GAO REVIEW.—During the period beginning on 
the date of the enactment of this Act and ending on March 1, 
2017, the Comptroller General of the United States shall conduct 
an annual review of the KC–46A aircraft acquisition program. 
(b) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than March 1 of each year 
beginning in 2012 and ending in 2017, the Comptroller General 
shall submit to the congressional defense committees a report 
on the review of the KC–46A aircraft acquisition program con-
ducted under subsection (a). 
(2) MATTERS TO BE INCLUDED.—Each report on the review 
of the KC–46A aircraft acquisition program shall include the 
following: 
(A) The extent to which the program is meeting 
engineering, manufacturing, development, and procure-
ment cost, schedule, performance, and risk mitigation goals. 
(B) With respect to meeting the desired initial oper-
ational capability and full operational capability dates for 
the KC–46A aircraft, the progress and results of— 
(i) developmental and operational testing of the 
aircraft; and 
(ii) plans for correcting deficiencies in aircraft 
performance, operational effectiveness, reliability, suit-
ability, and safety. 
(C) An assessment of KC–46A aircraft procurement 
plans, production results, and efforts to improve manufac-
turing efficiency and supplier performance. 
(D) An assessment of the acquisition strategy of the 
KC–46A aircraft, including whether such strategy is in 
compliance with acquisition management best-practices 
and the acquisition policy and regulations of the Depart-
ment of Defense. 
(E) A risk assessment of the integrated master 
schedule and the test and evaluation master plan of the 
KC–46A aircraft as it relates to— 
(i) the probability of success; 
(ii) the funding required for such aircraft compared 
with the funding budgeted; and 
(iii) development and production concurrency. 
(3) ADDITIONAL
INFORMATION.—In submitting to the 
congressional defense committees the first report under para-
graph (1) and a report following any changes made by the 
Secretary of the Air Force to the baseline documentation of 
the KC–46A aircraft acquisition program, the Comptroller Gen-
eral shall include, with respect to such program, an assessment 
of the sufficiency and objectivity of— 
(A) the integrated baseline review document; 
(B) the initial capabilities document; 
(C) the capabilities development document; and 
(D) the systems requirement document. 
SEC. 245. INDEPENDENT REVIEW AND ASSESSMENT OF CRYP-
TOGRAPHIC MODERNIZATION PROGRAM. 
(a) INDEPENDENT REVIEW AND ASSESSMENT.—Not later than 
30 days after the date of the enactment of this Act, the Secretary
H. R. 1540—49 
of Defense shall select an appropriate entity outside the Department 
of Defense to conduct an independent review and assessment of 
the cryptographic modernization program of the Department of 
Defense. 
(b) ELEMENTS.—The review and assessment required by sub-
section (a) shall include the following: 
(1) For each military department and appropriate defense 
agency, an analysis of the adequacy of the program manage-
ment structure for executing the cryptographic modernization 
program, including resources, personnel, requirements genera-
tion, and business process metrics. 
(2) A description of the acquisition model for each military 
department and appropriate defense agency, including how the 
acquisition strategies of programs of record are synchronized 
with the needs of the cryptographic modernization program. 
(3) An analysis of the current funding mechanism, the 
Information System Security Program, to provide adequate and 
stable funding to meet cryptographic modernization needs. 
(4) An analysis of the ability of the program to deliver 
capabilities to the user community while complying with the 
budget and schedule for the program, including the pro-
grammatic risks that negatively affect such compliance. 
(c) REPORT.— 
(1) REPORT REQUIRED.—Not later than 120 days after the 
date of the enactment of this Act, the entity conducting the 
review and assessment under subsection (a) shall submit to 
the Secretary and the congressional defense committees a report 
containing— 
(A) the results of the review and assessment; and 
(B) recommendations for improving the management 
of the cryptographic modernization program. 
(2) ADDITIONAL EVALUATION REQUIRED.—Not later than 30 
days after the date on which the congressional defense commit-
tees receive the report required by paragraph (1), the Secretary 
shall submit to such committees an evaluation by the Secretary 
of the findings and recommendations contained in such report. 
(3) FORM.—The report required by paragraph (1) shall be 
submitted in unclassified form, but may include a classified 
annex. 
SEC. 246. REPORT ON INCREASED BUDGET ITEMS. 
(a) REPORT.— 
(1) IN GENERAL.—The Secretary of Defense shall submit 
to the congressional defense committees a report describing 
the contract award process for each contract described in sub-
section (b) for which the Secretary will obligate funds author-
ized for a program element described in subsection (c). In 
the case of funds that are not yet obligated for any such 
contract by the end of fiscal year 2012, the Secretary shall 
describe the process planned for the award of such a contract. 
(2) SUBMISSION.—The Secretary shall submit the report 
required by paragraph (1) not later than December 31, 2012. 
(b) CONTRACT DESCRIBED.—For purposes of subsection (a), a 
contract described in this subsection is a contract awarded using 
procedures other than competitive procedures pursuant to the excep-
tions set forth in section 2304(c) of title 10, United States Code, 
or any other exceptions provided in law or regulation.
H. R. 1540—50 
(c) PROGRAM ELEMENT DESCRIBED.—(1) For purposes of sub-
section (a), a program element described in this subsection is a 
program element funded— 
(A) with amounts authorized to be appropriated by section 
201; and 
(B) in a total amount that is more than the amount 
requested for such program element by the President in the 
budget submitted to Congress under section 1105 of title 31, 
United States Code, for fiscal year 2012. 
(2) For purposes of paragraph (1)(B), the total amount referred 
to in such paragraph does not include funds transferred into such 
program element that were included elsewhere in the budget 
referred to in such paragraph. 
Subtitle E—Other Matters 
SEC. 251. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION 
INITIATIVE. 
(a) IN GENERAL.— 
(1) REPEAL.—Section 2359a of title 10, United States Code, 
is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 139 of such title is amended by striking 
the item relating to section 2359a. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 2013. 
SEC. 252. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO 
INCLUDE TECHNOLOGY PROTECTION FEATURES DURING 
RESEARCH AND DEVELOPMENT OF CERTAIN DEFENSE 
SYSTEMS. 
Section 243 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4178; 
10 U.S.C. 2358 note) is amended— 
(1) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) COST-SHARING.—Any contract for the design or development 
of a system resulting from activities under subsection (a) for the 
purpose of enhancing or enabling the exportability of the system 
either— 
‘‘(1) for the development of program protection strategies 
for the system; or 
‘‘(2) for the design and incorporation of exportability fea-
tures into the system, 
shall include a cost-sharing provision that requires the contractor 
to bear at least one-half of the cost of such activities.’’. 
SEC. 253. EXTENSION OF AUTHORITY FOR MECHANISMS TO PROVIDE 
FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND 
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MIS-
SIONS. 
Section 219(c) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is 
amended by striking ‘‘October 1, 2013’’ and inserting ‘‘September 
30, 2016’’.
H. R. 1540—51 
SEC. 254. NATIONAL DEFENSE EDUCATION PROGRAM. 
If the total amount authorized to be appropriated by this Act 
for the National Defense Education Program for fiscal year 2012 
is less than the amount requested by the President for such program 
in the budget submitted to Congress under section 1105 of title 
31, United States Code, for such fiscal year, the Secretary of Defense 
may not derive the difference between such amounts from the 
K–12 component of such program. 
SEC. 255. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE. 
(a) ACQUISITION.— 
(1) IN GENERAL.—Subject to paragraph (3), the Secretary 
of the Army (referred to in this section as the ‘‘Secretary’’) 
may acquire any real property and associated real property 
interests in the vicinity of Hanover, New Hampshire, described 
in paragraph (2) as may be needed for the Engineer Research 
and Development Center laboratory facilities at the Cold 
Regions Research and Engineering Laboratory. 
(2) DESCRIPTION
OF
REAL
PROPERTY.—The real property 
described in this paragraph is the real property to be acquired 
under paragraph (1)— 
(A) consisting of approximately 18.5 acres, identified 
as Tracts 101–1 and 101–2, together with all necessary 
easements located entirely within the Town of Hanover, 
New Hampshire; and 
(B) generally bounded— 
(i) to the east by state route 10-Lyme Road; 
(ii) to the north by the vacant property of the 
Trustees of Dartmouth College; 
(iii) to the south by Fletcher Circle graduate stu-
dent housing owned by the Trustees of Dartmouth 
College; and 
(iv) to the west by approximately 9 acres of real 
property acquired in fee through condemnation in 1981 
by the Secretary. 
(3) AMOUNT PAID FOR PROPERTY.—The Secretary shall pay 
not more than fair market value for any real property and 
associated real property interest acquired under this subsection. 
(b) REVOLVING FUND.—The Secretary— 
(1) through the Plant Replacement and Improvement Pro-
gram of the Secretary, may use amounts in the revolving fund 
established by section 101 of the Civil Functions Appropriations 
Act, 1954 (33 U.S.C. 576) to acquire the real property and 
associated real property interests described in subsection (a); 
and 
(2) shall ensure that the revolving fund is appropriately 
reimbursed from the benefitting appropriations. 
(c) RIGHT OF FIRST REFUSAL.— 
(1) IN
GENERAL.—The Secretary may provide the seller 
of any real property and associated property interests identified 
in subsection (a) a right of first refusal— 
(A) a right of first refusal to acquire the property, 
or any portion of the property, in the event the property 
or portion is no longer needed by the Department of the 
Army; and
H. R. 1540—52 
(B) a right of first refusal to acquire any real property 
or associated real property interests acquired by condemna-
tion in Civil Action No. 81–360–L, in the event the property, 
or any portion of the property, is no longer needed by 
the Department of the Army. 
(2) NATURE OF RIGHT.—A right of first refusal provided 
to a seller under this subsection shall not inure to the benefit 
of any successor or assign of the seller. 
(d) CONSIDERATION; FAIR MARKET VALUE.—The purchase of 
any property by a seller exercising a right of first refusal provided 
under subsection (c) shall be for— 
(1) consideration acceptable to the Secretary; and 
(2) not less than fair market value at the time at which 
the property becomes available for purchase. 
(e) DISPOSAL.—The Secretary may dispose of any property or 
associated real property interests that are subject to the exercise 
of the right of first refusal under this section. 
(f) NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.— 
Nothing in this section affects or limits the application of or obliga-
tion to comply with any environmental law, including section 120(h) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)). 
SEC. 256. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT 
EMITTING DIODE TECHNOLOGY. 
It is the sense of Congress that— 
(1) active matrix organic light emitting diode (in this section 
referred to as ‘‘OLED’’) technology displays have the potential 
to reduce the size, weight, and energy consumption of both 
dismounted and mounted systems of the Armed Forces; 
(2) the United States has a limited OLED manufacturing 
industry; 
(3) to ensure a reliable domestic source of OLED displays, 
the Secretary of Defense can use existing programs, including 
the ManTech program, to support the reduction of the costs 
and risks related to OLED manufacturing technologies; and 
(4) the reduction of such costs and risks of OLED manufac-
turing has the potential to enable the affordable production 
and sustainment of future weapon systems, as well as the 
affordable transition of new technologies that can enhance 
capabilities of current force systems. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Energy and Environmental Provisions 
Sec. 311.
Designation of senior official of Joint Chiefs of Staff for operational en-
ergy plans and programs and operational energy budget certification. 
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the na-
tional defense. 
Sec. 313. Discharge of wastes at sea generated by ships of the Armed Forces. 
Sec. 314. Modification to the responsibilities of the Assistant Secretary of Defense 
for Operational Energy, Plans, and Programs. 
Sec. 315. Energy-efficient technologies in contracts for logistics support of contin-
gency operations.
H. R. 1540—53 
Sec. 316. Health assessment reports required when waste is disposed of in open- 
air burn pits. 
Sec. 317. Streamlined annual report on defense environmental programs. 
Sec. 318. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 319. Requirements relating to Agency for Toxic Substances and Disease Reg-
istry investigation of exposure to drinking water contamination at Camp 
Lejeune, North Carolina. 
Sec. 320. Fire suppression agents. 
Subtitle C—Logistics and Sustainment 
Sec. 321. Definition of depot-level maintenance and repair. 
Sec. 322. Designation of military arsenal facilities as Centers of Industrial and 
Technical Excellence. 
Sec. 323. Permanent and expanded authority for Army industrial facilities to enter 
into certain cooperative arrangements with non-Army entities. 
Sec. 324. Implementation of corrective actions resulting from corrosion study of the 
F–22 and F–35 aircraft. 
Sec. 325. Modification of requirements relating to minimum capital investment for 
certain depots. 
Sec. 326. Reports on depot-related activities. 
Sec. 327. Core depot-level maintenance and repair capabilities. 
Subtitle D—Readiness 
Sec. 331. Modification of Department of Defense authority to accept voluntary con-
tributions of funds. 
Sec. 332. Review of proposed structures affecting navigable airspace. 
Subtitle E—Reports 
Sec. 341. Annual certification and modifications of annual report on prepositioned 
materiel and equipment. 
Sec. 342. Additional matters for inclusion in and modified deadline for the annual 
report on operational energy. 
Sec. 343. Study on Air Force test and training range infrastructure. 
Sec. 344. Study on training range infrastructure for special operations forces. 
Sec. 345. Guidance to establish non-tactical wheeled vehicle and equipment service 
life extension programs to achieve cost savings. 
Sec. 346. Study on United States force posture in the United States Pacific Com-
mand area of responsibility. 
Sec. 347. Study on overseas basing presence of United States forces. 
Sec. 348. Inclusion of assessment of joint military training and force allocations in 
quadrennial defense review and national military strategy. 
Sec. 349. Modification of report on procurement of military working dogs. 
Subtitle F—Limitations and Extension of Authority 
Sec. 351. Adoption of military working dog by family of deceased or seriously 
wounded member of the Armed Forces who was the dog’s handler. 
Sec. 352. Prohibition on expansion of the Air Force food transformation initiative. 
Sec. 353. Designation and limitation on obligation and expenditure of funds for the 
migration of Army enterprise email services. 
Sec. 354. One-year extension of pilot program for availability of working-capital 
funds to Army for certain product improvements. 
Subtitle G—Other Matters 
Sec. 361. Commercial sale of small arms ammunition and small arms ammunition 
components in excess of military requirements, and fired cartridge 
cases. 
Sec. 362. Comptroller General review of space-available travel on military aircraft. 
Sec. 363. Authority to provide information for maritime safety of forces and hydro-
graphic support. 
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection agreements. 
Sec. 365. Clarification of the airlift service definitions relative to the Civil Reserve 
Air Fleet. 
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts. 
Sec. 367. Policy on Active Shooter Training for certain law enforcement personnel. 
Sec. 368. Procurement of tents or other temporary structures.
H. R. 1540—54 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2012 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, as specified in the 
funding table in section 4301. 
Subtitle B—Energy and Environmental 
Provisions 
SEC. 311. DESIGNATION OF SENIOR OFFICIAL OF JOINT CHIEFS OF 
STAFF FOR OPERATIONAL ENERGY PLANS AND PROGRAMS 
AND OPERATIONAL ENERGY BUDGET CERTIFICATION. 
Section 138c of title 10, United States Code, is amended— 
(1) in subsection (d)— 
(A) by redesignating paragraphs (3) and (4) as para-
graphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3) The Chairman of the Joint Chiefs of Staff shall designate 
a senior official under the jurisdiction of the Chairman who shall 
be responsible for operational energy plans and programs for the 
Joint Chiefs of Staff and the Joint Staff. The official so designated 
shall be responsible for coordinating with the Assistant Secretary 
and implementing initiatives pursuant to the strategy with regard 
to the Joint Chiefs of Staff and the Joint Staff.’’; and 
(2) in subsection (e)(4), by striking ‘‘10 days’’ and inserting 
‘‘30 days’’. 
SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILI-
TIES USED FOR THE NATIONAL DEFENSE. 
(a) IMPROVEMENTS TO ACT.—The Sikes Act (16 U.S.C. 670 et 
seq.) is amended as follows: 
(1) DEFINITIONS.—Section 100 (16 U.S.C. 670) is amended— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (4) and (5), respectively; and 
(B) by inserting after paragraph (1) the following new 
paragraphs: 
‘‘(2) STATE.—The term ‘State’ means any of the several 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, American Samoa, and the Virgin Islands. 
‘‘(3) STATE-OWNED
NATIONAL
GUARD
INSTALLATION.—The 
term ‘State-owned National Guard installation’ means land 
owned and operated by a State when such land is used for 
training the National Guard pursuant to chapter 5 of title 
32, United States Code, with funds provided by the Secretary 
of Defense or the Secretary of a military department, even 
though such land is not under the jurisdiction of the Depart-
ment of Defense.’’.
H. R. 1540—55 
(2) FUNDING OF INTEGRATED NATURAL RESOURCES MANAGE-
MENT PLANS.—Section 101 (16 U.S.C. 670a) is amended— 
(A) in subsection (a)(1)(B)— 
(i) by inserting ‘‘(i)’’ before ‘‘To facilitate’’; and 
(ii) by adding at the end the following new clause: 
‘‘(ii) The Secretary of a military department may, 
subject to the availability of appropriations, develop 
and implement an integrated natural resources 
management plan for a State-owned National Guard 
installation. Such a plan shall be developed and imple-
mented in coordination with the chief executive officer 
of the State in which the State-owned National Guard 
installation is located. Such a plan is deemed, for pur-
poses of any other provision of law, to be for lands 
or other geographical areas owned or controlled by 
the Department of Defense, or designated for its use.’’; 
(B) in subsection (a)(2), by inserting ‘‘or State-owned 
National Guard installation’’ after ‘‘military installation’’ 
both places it appears; 
(C) in subsection (a)(3)— 
(i) by redesignating subparagraphs (A), (B), and 
(C) as clauses (i), (ii), and (iii), respectively; 
(ii) by inserting ‘‘(A)’’ before ‘‘Consistent’’; 
(iii) in subparagraph (A), as designated by clause 
(ii) of this subparagraph, by inserting ‘‘and State-owned 
National Guard installations’’ after ‘‘military installa-
tions’’ the first place it appears; 
(iv) in clause (i) of subparagraph (A), as redesig-
nated by clause (i) of this subparagraph, by striking 
‘‘military installations’’ and inserting ‘‘such installa-
tions’’; 
(v) in clause (ii) of subparagraph (A), as redesig-
nated by clause (i) of this subparagraph, by inserting 
‘‘on such installations’’ after ‘‘resources’’; and 
(vi) by adding at the end the following subpara-
graph: 
‘‘(B) In the case of a State-owned National Guard 
installation, such program shall be carried out in coordina-
tion with the chief executive officer of the State in which 
the installation is located.’’; 
(D) in subsection (b), by inserting ‘‘and State-owned 
National Guard installations’’ after ‘‘military installations’’ 
the first place it appears; 
(E) in subparagraphs (G) and (I) of subsection (b)(1), 
by striking ‘‘military installation’’ each place it appears 
and inserting ‘‘installation’’; and 
(F) in subsection (b)(3), by inserting ‘‘, in the case 
of a military installation,’’ after ‘‘(3) may’’. 
(3) COOPERATIVE AGREEMENTS.—Section 103a(a) (16 U.S.C. 
670c–1(a)) is amended— 
(A) in paragraph (1), by striking ‘‘Department of 
Defense installations’’ and inserting ‘‘military installations 
and State-owned National Guard installations’’; and 
(B) in paragraph (2), by striking ‘‘Department of 
Defense installation’’ and inserting ‘‘military installation 
or State-owned National Guard installation’’.
H. R. 1540—56 
(b) SECTION AND SUBSECTION HEADINGS.—Such Act is further 
amended as follows: 
(1) Section 101 (16 U.S.C. 670a) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITA-
TION.’’; 
(B) by striking ‘‘SEC. 101.’’; 
(C) in subsection (c), by inserting ‘‘PROHIBITIONS ON 
SALE AND LEASE OF LANDS UNLESS EFFECTS COMPATIBLE 
WITH PLAN.—’’ after ‘‘(c)’’; 
(D) in subsection (d), by inserting ‘‘IMPLEMENTATION 
AND ENFORCEMENT OF INTEGRATED NATURAL RESOURCES 
MANAGEMENT PLANS.—’’ after ‘‘(d)’’; 
(E) in subsection (e)— 
(i) by inserting ‘‘APPLICABILITY OF OTHER LAWS.— 
’’ after ‘‘(e)’’; and 
(ii) by inserting a comma after ‘‘Code’’. 
(2) Section 102 (16 U.S.C. 670b) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.’’; 
(B) 
by 
striking 
‘‘SEC. 
102.’’ 
and 
inserting 
‘‘(a) 
INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.— 
’’; and 
(C) by striking ‘‘agency:’’ and all that follows through 
‘‘possession’’ and inserting ‘‘agency. 
‘‘(b) APPLICABILITY OF OTHER LAWS.—Possession’’. 
(3) Section 103a (16 U.S.C. 670c–1) is further amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR 
LAND MANAGEMENT ON INSTALLATIONS.’’; 
(B) by striking ‘‘SEC. 103A.’’; 
(C) in subsection (a), by inserting ‘‘AUTHORITY OF SEC-
RETARY OF MILITARY DEPARTMENT.—’’ after ‘‘(a)’’; and 
(D) in subsection (c), by inserting ‘‘AVAILABILITY OF 
FUNDS; AGREEMENTS UNDER OTHER LAWS.—’’ after ‘‘(c)’’. 
(4) Section 104 (16 U.S.C. 670d) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER 
GENERAL.’’; and 
(B) by striking ‘‘SEC. 104.’’. 
(5) Section 105 (16 U.S.C. 670e) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST 
LANDS.’’; and 
(B) by striking ‘‘SEC. 105.’’. 
(6) Section 108 (16 U.S.C. 670f) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 108. APPROPRIATIONS AND EXPENDITURES.’’; 
(B) by striking ‘‘SEC. 108.’’; 
(C) in subsection (a), by inserting ‘‘EXPENDITURES OF 
COLLECTED
FUNDS
UNDER
INTEGRATED
NATURAL 
RESOURCES MANAGEMENT PLANS.—’’ after ‘‘(a)’’;
H. R. 1540—57 
(D) in subsection (b), by inserting ‘‘AUTHORIZATION OF 
APPROPRIATIONS TO SECRETARY OF DEFENSE.—’’ after ‘‘(b)’’; 
(E) in subsection (c), by inserting ‘‘AUTHORIZATION OF 
APPROPRIATIONS TO SECRETARY OF THE INTERIOR.—’’ after 
‘‘(c)’’; and 
(F) in subsection (D), by inserting ‘‘USE
OF OTHER 
CONSERVATION OR REHABILITATION AUTHORITIES.—’’ after 
‘‘(d)’’. 
(7) Section 201 (16 U.S.C. 670g) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 
201. 
WILDLIFE, 
FISH, 
AND 
GAME 
CONSERVATION 
AND 
REHABILITATION PROGRAMS.’’; 
(B) by striking ‘‘SEC. 201.’’; 
(C) 
in 
subsection 
(a), 
by 
inserting 
‘‘PROGRAMS 
REQUIRED.—’’ after ‘‘(a)’’; and 
(D) in subsection (b), by inserting ‘‘IMPLEMENTATION 
OF PROGRAMS.—’’ after ‘‘(b)’’. 
(8) Section 202 (16 U.S.C. 670h) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 
202. 
COMPREHENSIVE 
PLANS 
FOR 
CONSERVATION 
AND 
REHABILITATION PROGRAMS.’’; 
(B) by striking ‘‘SEC. 202.’’; 
(C) in subsection (a), by inserting ‘‘DEVELOPMENT OF 
PLANS.—’’ after ‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘CONSISTENCY WITH 
OVERALL LAND USE AND MANAGEMENT PLANS; HUNTING, 
TRAPPING, AND FISHING.—’’ after ‘‘(b)’’; 
(E) in subsection (c), by inserting ‘‘COOPERATIVE 
AGREEMENTS BY STATE AGENCIES FOR IMPLEMENTATION OF 
PROGRAMS.—’’ after ‘‘(c)’’; and 
(F) in subsection (d), by inserting ‘‘STATE AGENCY 
AGREEMENTS
NOT
COOPERATIVE
AGREEMENTS
UNDER 
OTHER PROVISIONS.—’’ after ‘‘(d)’’. 
(9) Section 203 (16 U.S.C. 670i) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, 
TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO 
PROGRAMS.’’; 
(B) by striking ‘‘SEC. 203.’’; 
(C) in subsection (a), by inserting ‘‘AGREEMENTS TO 
REQUIRE STAMPS.—’’ after ‘‘(a)’’; and 
(D) in subsection (b)— 
(i) by inserting ‘‘CONDITIONS FOR AGREEMENTS.— 
’’ after ‘‘(b)’’; and 
(ii) by moving paragraph (3) 2 ems to the right, 
so that the left-hand margin aligns with that of para-
graph (2). 
(10) Section 204 (16 U.S.C. 670j) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 204. ENFORCEMENT PROVISIONS.’’; 
(B) by striking ‘‘SEC. 204.’’; 
(C) in subsection (a), by inserting ‘‘VIOLATIONS AND 
PENALTIES.—’’ after ‘‘(a)’’;
H. R. 1540—58 
(D) in subsection (b), by inserting ‘‘ENFORCEMENT 
POWERS AND PROCEEDINGS.—’’ after ‘‘(b)’’; and 
(E) in subsection (c), by inserting ‘‘SEIZURE AND FOR-
FEITURE.—’’ after ‘‘(c)’’; and 
(F) in subsection (d), by inserting ‘‘APPLICABILITY OF 
CUSTOMS LAWS.—’’ after ‘‘(d)’’. 
(11) Section 205 (16 U.S.C. 670k) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 205. DEFINITIONS.’’; and 
(B) by striking ‘‘SEC. 205.’’. 
(12) Section 206 (16 U.S.C. 670l) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST 
SERVICE AND BUREAU OF LAND MANAGEMENT LANDS; 
AUTHORIZED FEES.’’; and 
(B) by striking ‘‘SEC. 206.’’. 
(13) Section 207 (16 U.S.C. 670m) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGU-
LATING INDIAN RIGHTS.’’; and 
(B) by striking ‘‘SEC. 207.’’. 
(14) Section 209 (16 U.S.C. 670o) is amended— 
(A) by inserting at the beginning the following: 
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’’; 
(B) by striking ‘‘SEC. 209.’’; 
(C) in subsection (a), by inserting ‘‘FUNCTIONS
AND 
RESPONSIBILITIES OF SECRETARY OF THE INTERIOR.—’’ after 
‘‘(a)’’; 
(D) in subsection (b), by inserting ‘‘FUNCTIONS AND 
RESPONSIBILITIES OF SECRETARY OF AGRICULTURE.—’’ after 
‘‘(b)’’; 
(E) in subsection (c), by inserting ‘‘USE OF OTHER CON-
SERVATION OR REHABILITATION AUTHORITIES.—’’ after ‘‘(c)’’; 
and 
(F) 
in 
subsection 
(d), 
by 
inserting 
‘‘CONTRACT 
AUTHORITY.—’’ after ‘‘(d)’’. 
(c) CODIFICATION OF CHANGE OF NAME.—Section 204(b) of such 
Act (16 U.S.C. 670j) is amended by striking ‘‘magistrate’’ both 
places it appears and inserting ‘‘magistrate judge’’. 
(d) REPEAL OF OBSOLETE SECTION.—Section 208 of such Act 
is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesig-
nated as section 208. 
SEC. 313. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF 
THE ARMED FORCES. 
(a) DISCHARGE
RESTRICTIONS
FOR
SHIPS
OF
THE
ARMED 
FORCES.—Subsection (b) of section 3 of the Act to Prevent Pollution 
from Ships (33 U.S.C. 1902(b)) is amended to read as follows: 
‘‘(b)(1) Except as provided in paragraph (3), this Act shall 
not apply to— 
‘‘(A) a ship of the Armed Forces described in paragraph 
(2); or 
‘‘(B) any other ship specifically excluded by the MARPOL 
Protocol or the Antarctic Protocol.
H. R. 1540—59 
‘‘(2) A ship described in this paragraph is a ship that is owned 
or operated by the Secretary, with respect to the Coast Guard, 
or by the Secretary of a military department, and that, as deter-
mined by the Secretary concerned— 
‘‘(A) has unique military design, construction, manning, 
or operating requirements; and 
‘‘(B) cannot fully comply with the discharge requirements 
of Annex V to the Convention because compliance is not techno-
logically feasible or would impair the operations or operational 
capability of the ship. 
‘‘(3)(A) Notwithstanding any provision of the MARPOL Protocol, 
the requirements of Annex V to the Convention shall apply to 
all ships referred to in subsection (a) other than those described 
in paragraph (2). 
‘‘(B) A ship that is described in paragraph (2) shall limit the 
discharge into the sea of garbage as follows: 
‘‘(i) The discharge into the sea of plastics, including syn-
thetic ropes, synthetic fishing nets, plastic garbage bags, and 
incinerator ashes from plastic products that may contain toxic 
chemicals or heavy metals, or the residues thereof, is prohibited. 
‘‘(ii) Garbage consisting of the following material may be 
discharged into the sea, subject to subparagraph (C): 
‘‘(I) A non-floating slurry of seawater, paper, cardboard, 
or food waste that is capable of passing through a screen 
with openings no larger than 12 millimeters in diameter. 
‘‘(II) Metal and glass that have been shredded and 
bagged (in compliance with clause (i)) so as to ensure 
negative buoyancy. 
‘‘(III) With regard to a submersible, nonplastic garbage 
that has been compacted and weighted to ensure negative 
buoyancy. 
‘‘(IV) Ash from incinerators or other thermal destruc-
tion systems not containing toxic chemicals, heavy metals, 
or incompletely burned plastics. 
‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) may not 
be discharged within 3 nautical miles of land. 
‘‘(ii) Garbage described in subclauses (II), (III), and (IV) of 
subparagraph (B)(ii) may not be discharged within 12 nautical 
miles of land. 
‘‘(D) Notwithstanding subparagraph (C), a ship described in 
paragraph (2) that is not equipped with garbage-processing equip-
ment sufficient to meet the requirements of subparagraph (B)(ii) 
may discharge garbage that has not been processed in accordance 
with subparagraph (B)(ii) if such discharge occurs as far as prac-
ticable from the nearest land, but in any case not less than— 
‘‘(i) 12 nautical miles from the nearest land, in the case 
of food wastes and non-floating garbage, including paper prod-
ucts, cloth, glass, metal, bottles, crockery, and similar refuse; 
and 
‘‘(ii) 25 nautical miles from the nearest land, in the case 
of all other garbage. 
‘‘(E) This paragraph shall not apply when discharge of any 
garbage is necessary for the purpose of securing the safety of 
the ship, the health of the ship’s personnel, or saving life at sea. 
In the event that there is such a discharge, the discharge shall 
be reported to the Secretary, with respect to the Coast Guard, 
or the Secretary concerned.
H. R. 1540—60 
‘‘(F) This paragraph shall not apply during time of war or 
a national emergency declared by the President or Congress.’’. 
(b) CONFORMING AMENDMENTS.—Section 3(f) of the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1902(f)) is amended— 
(1) in paragraph (1), by striking ‘‘Annex V to the Convention 
on or before the dates referred to in subsections (b)(2)(A) and 
(c)(1)’’ and inserting ‘‘subsection (b)’’; and 
(2) in paragraph (2), by inserting ‘‘and subsection (b)(3)(B)(i) 
of this section’’ after ‘‘Annex V to the Convention’’. 
SEC. 314. MODIFICATION TO THE RESPONSIBILITIES OF THE ASSIST-
ANT SECRETARY OF DEFENSE FOR OPERATIONAL ENERGY, 
PLANS, AND PROGRAMS. 
(a) MODIFICATION OF RESPONSIBILITIES.—Section 138(c) of title 
10, United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(3) The Assistant Secretary, in consultation with the heads 
of the military departments and the Assistant Secretary of Defense 
for Research and Engineering, shall— 
‘‘(A) lead the alternative fuel activities of the Department 
of Defense and oversee the investments of the Department 
in such activities; 
‘‘(B) make recommendations to the Secretary regarding 
the development of alternative fuels by the military depart-
ments and the Office of the Secretary of Defense; 
‘‘(C) establish guidelines and prescribe policy to streamline 
the investments in alternative fuel activities across the Depart-
ment of Defense; 
‘‘(D) encourage collaboration with and leveraging of invest-
ments made by the Department of Energy, the Department 
of Agriculture, and other relevant Federal agencies to advance 
alternative fuel development to the benefit of the Department 
of Defense; and 
‘‘(E) certify the budget associated with the investment of 
the Department of Defense in alternative fuel activities in 
accordance with subsection (e)(4).’’. 
(b) REPORTING REQUIREMENT.—Section 2925(b)(2) of title 10, 
United States Code, is amended— 
(1) by redesignating subparagraph (E) as subparagraph 
(F); and 
(2) by inserting after subparagraph (D) the following new 
subparagraph (E): 
‘‘(E) A description of the alternative fuel initiatives of the 
Department of Defense, including funding and expenditures 
by account and activity for the preceding fiscal year, including 
funding made available in regular defense appropriations Acts 
and any supplemental appropriation Acts.’’. 
SEC. 315. ENERGY-EFFICIENT TECHNOLOGIES IN CONTRACTS FOR 
LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS. 
(a) ENERGY PERFORMANCE MASTER PLAN.—The energy perform-
ance master plan for the Department of Defense developed under 
section 2911 of title 10, United States Code, shall specifically 
address the application of energy-efficient or energy reduction tech-
nologies or processes meeting the requirements of subsection (b) 
in logistics support contracts for contingency operations. In accord-
ance with the requirements of such section, the plan shall include
H. R. 1540—61 
goals, metrics, and incentives for achieving energy efficiency in 
such contracts. 
(b) REQUIREMENTS
FOR ENERGY TECHNOLOGIES
AND PROC-
ESSES.—Energy-efficient and energy reduction technologies or proc-
esses described in subsection (a) are technologies or processes that 
meet the following criteria: 
(1) The technology or process achieves long-term savings 
for the Government by reducing overall demand for fuel and 
other sources of energy in contingency operations. 
(2) The technology or process does not disrupt the mission, 
the logistics, or the core requirements in the contingency oper-
ation concerned. 
(3) The technology or process is able to integrate seamlessly 
into the existing infrastructure in the contingency operation 
concerned. 
(d) REGULATIONS
AND GUIDANCE.—The Under Secretary of 
Defense for Acquisition, Technology, and Logistics shall issue such 
regulations and guidance as may be needed to implement the 
requirements of this section and ensure that goals established 
pursuant to subsection (a) are met. Such regulations or guidance 
shall consider the lifecycle cost savings associated with the energy 
technology or process being offered by a vendor for defense logistics 
support and oblige the offeror to demonstrate the savings achieved 
over traditional technologies. 
(e) REPORT.—The annual report required by section 2925(b) 
of title 10, United States Code, shall include information on the 
progress in the implementation of this section, including savings 
achieved by the Department resulting from such implementation. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘defense logistics support contract’’ means 
a contract for services, or a task order under such a contract, 
awarded by the Department of Defense to provide logistics 
support during times of military mobilizations, including contin-
gency operations, in any amount greater than the simplified 
acquisition threshold. 
(2) The term ‘‘contingency operation’’ has the meaning pro-
vided in section 101(a)(13) of title 10, United States Code. 
SEC. 316. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE 
IS DISPOSED OF IN OPEN-AIR BURN PITS. 
Section 317 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2250; 10 U.S.C. 2701 
note) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) HEALTH ASSESSMENT REPORTS.—Not later than 180 days 
after notice is due under subsection (a)(2), the Secretary shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a health assessment report on each open- 
air burn pit at a location where at least 100 personnel have been 
employed for 90 consecutive days or more. Each such report shall 
include each of the following: 
‘‘(1) An epidemiological description of the short-term and 
long-term health risks posed to personnel in the area where 
the burn pit is located because of exposure to the open-air 
burn pit.
H. R. 1540—62 
‘‘(2) A copy of the methodology used to determine the health 
risks described in paragraph (1). 
‘‘(3) A copy of the assessment of the operational risks 
and health risks when making the determination pursuant 
to subsection (a) that no alternative disposal method is feasible 
for the open-air burn pit.’’. 
SEC. 317. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRON-
MENTAL PROGRAMS. 
(a) IN GENERAL.—Chapter 160 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2711. Annual report on defense environmental programs 
‘‘(a) REPORT REQUIRED.—The Secretary of Defense shall submit 
to Congress each year, not later than 45 days after the date on 
which the President submits to Congress the budget for a fiscal 
year, a report on defense environmental programs. Each report 
shall include: 
‘‘(1) With respect to environmental restoration activities 
of the Department of Defense, and for each of the military 
departments, the following elements: 
‘‘(A) Information on the Environmental Restoration 
Program, including the following: 
‘‘(i) The total number of sites in the Environmental 
Restoration Program. 
‘‘(ii) The number of sites in the Environmental 
Restoration Program that have reached the Remedy 
in Place Stage and the Response Complete Stage, and 
the change in such numbers in the preceding fiscal 
year. 
‘‘(iii) A statement of the amount of funds allocated 
by the Secretary for, and the anticipated progress in 
implementing, the Environmental Restoration Program 
during the fiscal year for which the budget is sub-
mitted. 
‘‘(iv) The Secretary’s assessment of the overall 
progress of the Environmental Restoration Program. 
‘‘(B) Information on the Military Munitions Restoration 
Program (MMRP), including the following: 
‘‘(i) The total number of sites in the MMRP. 
‘‘(ii) The number of sites that have reached the 
Remedy in Place Stage and the Response Complete 
Stage, and the change in such numbers in the pre-
ceding fiscal year. 
‘‘(iii) A statement of the amount of funds allocated 
by the Secretary for, and the anticipated progress in 
implementing, the MMRP during the fiscal year for 
which the budget is submitted. 
‘‘(iv) The Secretary’s assessment of the overall 
progress of the MMRP. 
‘‘(2) With respect to each of the major activities under 
the environmental quality program of the Department of 
Defense and for each of the military departments— 
‘‘(A) a statement of the amount expended, or proposed 
to be expended, during the period consisting of the four 
fiscal years preceding the fiscal year in which the report 
is submitted, the current fiscal year, the fiscal year for
H. R. 1540—63 
which the budget is submitted, and the fiscal year following 
the fiscal year for which the budget is submitted; and 
‘‘(B) an explanation for any significant change in such 
amounts during the period covered. 
‘‘(3) With respect to the environmental technology program 
of the Department of Defense— 
‘‘(A) a report on the progress made in achieving the 
objectives and goals of its environmental technology pro-
gram during the preceding fiscal year and an overall trend 
analysis for the program covering the previous four fiscal 
years; and 
‘‘(B) a statement of the amount expended, or proposed 
to be expended, during the period consisting of the four 
fiscal years preceding the fiscal year in which the report 
is submitted, the fiscal year for which the budget is sub-
mitted, and the fiscal year following the fiscal year for 
which the budget is submitted. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘environmental quality program’ means a 
program of activities relating to environmental compliance, con-
servation, pollution prevention, and other activities relating 
to environmental quality as the Secretary may designate; and 
‘‘(2) the term ‘major activities’ with respect to an environ-
mental program means— 
‘‘(A) environmental compliance activities; 
‘‘(B) conservation activities; and 
‘‘(C) pollution prevention activities.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2710 the following new item: 
‘‘2711. Annual report on defense environmental programs.’’. 
SEC. 318. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 
STIPULATED PENALTIES IN CONNECTION WITH JACKSON 
PARK HOUSING COMPLEX, WASHINGTON. 
(a) AUTHORITY TO TRANSFER FUNDS.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b) and notwithstanding section 2215 of title 10, United 
States Code, the Secretary of the Navy may transfer not more 
than $45,000 to the Hazardous Substance Superfund Jackson 
Park Housing Complex, Washington, special account. 
(2) PURPOSE OF TRANSFER.—The payment under paragraph 
(1) is to pay a stipulated penalty assessed by the Environmental 
Protection Agency on October 7, 2009, against the Jackson 
Park Housing Complex, Washington, for the failure by the 
Navy to submit a draft Final Remedial Investigation/Feasibility 
Study for the Jackson Park Housing Complex Operable Unit 
(OU–3T–JPHC) in accordance with the requirements of the 
Interagency Agreement (Administrative Docket No. CERCLA– 
10–2005–0023). 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301 for operation and maintenance for Environmental Restoration, 
Navy. 
(c) USE OF FUNDS.—The amount transferred under subsection 
(a) shall be used by the Environmental Protection Agency to pay 
the penalty described under paragraph (2) of such subsection.
H. R. 1540—64 
SEC. 319. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUB-
STANCES AND DISEASE REGISTRY INVESTIGATION OF 
EXPOSURE TO DRINKING WATER CONTAMINATION AT 
CAMP LEJEUNE, NORTH CAROLINA. 
(a) LIMITATION ON USE OF FUNDS.—None of the funds author-
ized to be appropriated by this Act may be used to make a final 
decision on or final adjudication of any claim filed regarding water 
contamination at Marine Corps Base Camp Lejeune unless the 
Agency for Toxic Substances and Disease Registry completes all 
epidemiological and water modeling studies relevant to such 
contamination that are ongoing as of June 1, 2011, and certifies 
the completion of all such studies in writing to the Committees 
on Armed Services for the Senate and the House of Representatives. 
This provision does not prevent the use of funds for routine adminis-
trative tasks required to maintain such claims nor does it prohibit 
the use of funds for matters pending in Federal court. 
(b) RESOLUTION OF CERTAIN DISPUTES.—The Secretary of the 
Navy shall make every effort to resolve any dispute arising between 
the Department of the Navy and the Agency for Toxic Substances 
and Disease Registry that is covered by the Interagency Agreement 
between the Department of Health and Human Services Agency 
for Toxic Substances and Disease Registry and the Department 
of the Navy or any successor memorandum of understanding and 
signed agreements not later than 60 days after the date on which 
the dispute first arises. In the event the Secretary is unable to 
resolve such a dispute within 60 days, the Secretary shall submit 
to the congressional defense committees a report on the reasons 
why an agreement has not yet been reached, the actions that 
the Secretary plans to take to reach agreement, and the schedule 
for taking such actions. 
(c) COORDINATION PRIOR TO RELEASING INFORMATION TO THE 
PUBLIC.—The Secretary of the Navy shall make every effort to 
coordinate with the Agency for Toxic Substances and Disease Reg-
istry on all issues pertaining to water contamination at Marine 
Corps Base Camp Lejeune, and other exposed pathways before 
releasing anything to the public. 
SEC. 320. FIRE SUPPRESSION AGENTS. 
Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is 
amended— 
(1) in paragraph (2), by striking ‘‘or’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(4) is listed as acceptable for use as a fire suppression 
agent for nonresidential applications in accordance with section 
612(c).’’. 
Subtitle C—Logistics and Sustainment 
SEC. 321. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR. 
Section 2460 of title 10, United States Code, is amended to 
read as follows:
H. R. 1540—65 
‘‘§ 2460. Definition of depot-level maintenance and repair 
‘‘In this chapter, the term ‘‘depot-level maintenance and 
repair’’— 
‘‘(1) means any action performed on materiel or software 
in the conduct of inspection, repair, overhaul, or the modifica-
tion or rebuild of end-items, assemblies, subassemblies, and 
parts, that— 
‘‘(A) requires extensive industrial facilities, specialized 
tools and equipment, or uniquely experienced and trained 
personnel that are not available in lower echelon-level 
maintenance activities; and 
‘‘(B) is a function and, as such, is independent of any 
location or funding source and may be performed in the 
public or private sectors (including the performance of 
interim contract support or contract logistic support 
arrangements); and 
‘‘(2) includes— 
‘‘(A) the fabrication of parts, testing, and reclamation, 
as necessary; 
‘‘(B) the repair, adaptive modifications or upgrades, 
change events made to operational software, integration 
and testing; and 
‘‘(C) in the case of either hardware or software modi-
fications or upgrades, the labor associated with the applica-
tion of the modification.’’. 
SEC. 322. DESIGNATION OF MILITARY ARSENAL FACILITIES AS CEN-
TERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE. 
Section 2474(a)(1) of title 10, United States Code, is amended 
by inserting ‘‘or military arsenal facility’’ after ‘‘depot-level activity’’. 
SEC. 323. PERMANENT AND EXPANDED AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENTER INTO CERTAIN COOPERATIVE 
ARRANGEMENTS WITH NON-ARMY ENTITIES. 
(a) IN GENERAL.—Section 4544 of title 10, United States Code, 
is amended— 
(1) in subsection (a), by striking the second sentence; and 
(2) by striking subsection (k). 
(b) REPORT.—Section 328(b)(A) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 66; 10 U.S.C. 4544 note) is amended by striking ‘‘the advis-
ability’’ and all that follows through the end and inserting ‘‘the 
effect of the use of such authority on the rates charged by each 
Army industrial facility when bidding on contracts for the Army 
or for a Defense agency and providing recommendations to improve 
the ability of each category of Army industrial facility (as defined 
in section 4544(j) of title 10, United States Code) to compete for 
such contracts;’’. 
SEC. 324. IMPLEMENTATION OF CORRECTIVE ACTIONS RESULTING 
FROM CORROSION STUDY OF THE F–22 AND F–35 AIR-
CRAFT. 
(a) IMPLEMENTATION; CONGRESSIONAL
BRIEFING.—Not later 
than January 31, 2012, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall implement the recommended 
actions described in subsection (b) and provide to the congressional