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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2011’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
CONTENTS. 
(a) DIVISIONS.—This Act is organized into four divi-
sions as follows: 
(1) Division A—Department of Defense Au-
thorizations. 
(2) Division B—Military Construction Author-
izations. 
(3) Division C—Department of Energy Na-
tional Security Authorizations and Other Authoriza-
tions. 
(4) Division D—Implementing Management for 
Performance and Related Reforms to Obtain Value 
in Every Acquisition Act. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
Sec. 4. Treatment of successor contingency operation to Operation Iraqi Free-
dom. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT
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Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Subtitle B—Army Programs 
Sec. 111. Procurement of early infantry brigade combat team increment one 
equipment. 
Sec. 112. Report on Army battlefield network plans and programs. 
Sec. 113. Limitation on use of funds for line-haul tractors. 
Subtitle C—Navy Programs 
Sec. 121. Incremental funding for procurement of large naval vessels. 
Sec. 122. Multiyear procurement of F/A–18E, F/A–18F, and EA–18G aircraft. 
Sec. 123. Report on naval force structure and missile defense. 
Subtitle D—Air Force Programs 
Sec. 131. Preservation and storage of unique tooling for F–22 fighter aircraft. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Limitation on procurement of F–35 Lightning II aircraft. 
Sec. 142. Limitations on biometric systems funds. 
Sec. 143. Counter-improvised explosive device initiatives database. 
Sec. 144. Study on lightweight body armor solutions. 
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. Report requirements for replacement program of the Ohio-class bal-
listic missile submarine. 
Sec. 212. Limitation on obligation of funds for F–35 Lightning II aircraft pro-
gram. 
Sec. 213. Inclusion in annual budget request and future-years defense program 
of sufficient amounts for continued development and procure-
ment of competitive propulsion system for F–35 Lightning II 
aircraft. 
Sec. 214. Separate program elements required for research and development of 
Joint Light Tactical Vehicle. 
Subtitle C—Missile Defense Programs 
Sec. 221. Limitation on availability of funds for missile defenses in Europe. 
Sec. 222. Repeal of prohibition of certain contracts by Missile Defense Agency 
with foreign entities. 
Sec. 223. Phased, adaptive approach to missile defense in Europe. 
Sec. 224. Homeland defense hedging policy. 
Sec. 225. Independent assessment of the plan for defense of the homeland 
against the threat of ballistic missiles.
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Sec. 226. Study on ballistic missile defense capabilities of the United States. 
Sec. 227. Reports on standard missile system. 
Subtitle D—Reports 
Sec. 231. Report on analysis of alternatives and program requirements for the 
Ground Combat Vehicle program. 
Sec. 232. Cost benefit analysis of future tank-fired munitions. 
Sec. 233. Annual comptroller general report on the VH–(XX) presidential heli-
copter acquisition program. 
Sec. 234. Joint assessment of the joint effects targeting system. 
Subtitle E—Other Matters 
Sec. 241. Escalation of force capabilities. 
Sec. 242. Pilot program to include technology protection features during re-
search and development of defense systems. 
Sec. 243. Pilot program on collaborative energy security. 
Sec. 244. Report on regional advanced technology clusters. 
Sec. 245. Sense of Congress affirming the importance of Department of De-
fense participation in development of next generation semicon-
ductor technologies. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Energy and Environmental Provisions 
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs 
in connection with the Twin Cities Army Ammunition Plant, 
Minnesota. 
Sec. 312. Payment to Environmental Protection Agency of stipulated penalties 
in connection with Naval Air Station, Brunswick, Maine. 
Sec. 313. Testing and certification plan for operational use of an aviation 
biofuel derived from materials that do not compete with food 
stocks. 
Sec. 314. Report identifying hybrid or electric propulsion systems and other 
fuel-saving technologies for incorporation into tactical motor 
vehicles. 
Sec. 315. Exception to alternative fuel procurement requirement. 
Sec. 316. Information sharing relating to investigation of exposure to drinking 
water contamination at Camp Lejeune, North Carolina. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Technical amendments to requirement for service contract inventory. 
Sec. 322. Repeal of conditions on expansion of functions performed under 
prime vendor contracts for depot-level maintenance and repair. 
Sec. 323. Pilot program on best value for contracts for private security func-
tions. 
Sec. 324. Standards and certification for private security contractors. 
Sec. 325. Prohibition on establishing goals or quotas for conversion of functions 
to performance by Department of Defense civilian employees.
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Sec. 326. Treatment of employer contributions to health benefits and retire-
ment plans for purposes of cost-comparisons of contractor and 
civilian employee performance of Department of Defense func-
tions. 
Subtitle D—Reports 
Sec. 331. Revision to reporting requirement relating to operation and financial 
support for military museums. 
Sec. 332. Additional reporting requirements relating to corrosion prevention 
projects and activities. 
Sec. 333. Modification and repeal of certain reporting requirements. 
Sec. 334. Report on Air Sovereignty Alert mission. 
Sec. 335. Report on the SEAD/DEAD mission requirement for the Air Force. 
Sec. 336. Requirement to update study on strategic seaports. 
Sec. 337. Study and report on feasibility of joint usage of the NASA Shuttle 
Logistics Depot. 
Subtitle E—Limitations and Extensions of Authority 
Sec. 341. Permanent authority to accept and use landing fees charged for use 
of domestic military airfields by civil aircraft. 
Sec. 342. Improvement and extension of Arsenal Support Program Initiative. 
Sec. 343. Extension of authority to reimburse expenses for certain Navy mess 
operations. 
Sec. 344. Limitation on obligation of funds for the Army Human Terrain Sys-
tem. 
Sec. 345. Limitation on obligation of funds pending submission of classified 
justification material. 
Sec. 346. Limitation on retirement of C–130 aircraft from Air Force inventory. 
Sec. 347. Commercial sale of small arms ammunition in excess of military re-
quirements. 
Sec. 348. Limitation on Air Force fiscal year 2011 force structure announce-
ment implementation. 
Subtitle F—Other Matters 
Sec. 351. Expedited processing of background investigations for certain individ-
uals. 
Sec. 352. Adoption of military working dogs by family members of deceased or 
seriously wounded members of the Armed Forces who were 
handlers of the dogs. 
Sec. 353. Revision to authorities relating to transportation of civilian pas-
sengers and commercial cargoes by Department of Defense 
when space unavailable on commercial lines. 
Sec. 354. Technical correction to obsolete reference relating to use of flexible 
hiring authority to facilitate performance of certain Depart-
ment of Defense functions by civilian employees. 
Sec. 355. Inventory and study of budget modeling and simulation tools. 
Sec. 356. Sense of Congress regarding continued importance of High-Altitude 
Aviation Training Site, Colorado. 
Sec. 357. Department of Defense study on simulated tactical flight training in 
a sustained g environment. 
Sec. 358. Study of effects of new construction of obstructions on military in-
stallations and operations.
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Sec. 359. Sense of Congress regarding fire-resistant utility ensembles for Na-
tional Guard personnel in civil authority missions. 
Sec. 360. Authority to make excess nonlethal supplies available for domestic 
emergency assistance. 
Sec. 361. Recovery of missing Department of Defense property. 
Sec. 362. Authority for payment of full replacement value for loss or damage 
to household goods in limited cases not covered by carrier li-
ability. 
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 2011 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. Age for health care professional appointments and mandatory retire-
ments. 
Sec. 502. Authority for appointment of warrant officers in the grade of W–1 
by commission and standardization of warrant officer appoint-
ing authority. 
Sec. 503. Nondisclosure of information from discussions, deliberations, notes, 
and records of special selection boards. 
Sec. 504. Administrative removal of officers from list of officers recommended 
for promotion. 
Sec. 505. Eligibility of officers to serve on boards of inquiry for separation of 
regular officers for substandard performance and other rea-
sons. 
Sec. 506. Temporary authority to reduce minimum length of active service as 
a commissioned officer required for voluntary retirement as an 
officer. 
Subtitle B—Reserve Component Management 
Sec. 511. Preseparation counseling for members of the reserve components. 
Sec. 512. Military correction board remedies for National Guard members. 
Sec. 513. Removal of statutory distribution limits on Navy reserve flag officer 
allocation. 
Sec. 514. Assignment of Air Force Reserve military technicians (dual status) 
to positions outside Air Force Reserve unit program.
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Sec. 515. Temporary authority for temporary employment of non-dual status 
military technicians. 
Sec. 516. Revised structure and functions of Reserve Forces Policy Board. 
Sec. 517. Merit Systems Protection Board and judicial remedies for National 
Guard technicians. 
Subtitle C—Joint Qualified Officers and Requirements 
Sec. 521. Technical revisions to definition of joint matters for purposes of joint 
officer management. 
Sec. 522. Changes to process involving promotion boards for joint qualified offi-
cers and officers with joint staff experience. 
Sec. 523. Secure electronic delivery of Certificate of Release or Discharge from 
Active Duty (DD Form 214). 
Subtitle D—General Service Authorities 
Sec. 531. Extension of temporary authority to order retired members of the 
Armed Forces to active duty in high-demand, low-density as-
signments. 
Sec. 532. Correction of military records. 
Sec. 533. Modification of Certificate of Release or Discharge from Active Duty 
(DD Form 214) to specifically identify a space for inclusion of 
e-mail address. 
Sec. 534. Recognition of role of female members of the Armed Forces and De-
partment of Defense review of military occupational specialties 
available to female members. 
Sec. 535. Matters covered by preseparation counseling for members of the 
Armed Forces and their spouses. 
Sec. 536. Department of Defense policy concerning homosexuality in the Armed 
Forces. 
Subtitle E—Military Justice and Legal Matters 
Sec. 541. Continuation of warrant officers on active duty to complete discipli-
nary action. 
Sec. 542. Enhanced authority to punish contempt in military justice pro-
ceedings. 
Sec. 543. Limitations on use in personnel action of information contained in 
criminal investigative report or in index maintained for law en-
forcement retrieval and analysis. 
Sec. 544. Protection of child custody arrangements for parents who are mem-
bers of the Armed Forces deployed in support of a contingency 
operation. 
Sec. 545. Improvements to Department of Defense domestic violence programs. 
Sec. 546. Public release of restricted annex of Department of Defense Report 
of the Independent Review Related to Fort Hood pertaining to 
oversight of the alleged perpetrator of the attack. 
Subtitle F—Member Education and Training Opportunities and 
Administration 
Sec. 551. Repayment of education loan repayment benefits. 
Sec. 552. Active duty obligation for graduates of the military service academies 
participating in the Armed Forces Health Professions Scholar-
ship and Financial Assistance program.
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Sec. 553. Waiver of maximum age limitation on admission to service academies 
for certain enlisted members who served during Operation Iraqi 
Freedom or Operation Enduring Freedom. 
Sec. 554. Report of feasibility and cost of expanding enrollment authority of 
Community College of the Air Force to include additional 
members of the Armed Forces. 
Subtitle G—Defense Dependents’ Education 
Sec. 561. Continuation of authority to assist local educational agencies that 
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees. 
Sec. 562. Enrollment of dependents of members of the Armed Forces who re-
side in temporary housing in Department of Defense domestic 
dependent elementary and secondary schools. 
Subtitle H—Decorations, Awards, and Commemorations 
Sec. 571. Notification requirement for determination made in response to re-
view of proposal for award of a Medal of Honor not previously 
submitted in timely fashion. 
Sec. 572. Department of Defense recognition of spouses of members of the 
Armed Forces. 
Sec. 573. Department of Defense recognition of children of members of the 
Armed Forces. 
Sec. 574. Clarification of persons eligible for award of bronze star medal. 
Sec. 575. Award of Vietnam Service Medal to veterans who participated in Ma-
yaguez rescue operation. 
Sec. 576. Authorization for award of Medal of Honor to certain members of the 
Army for acts of valor during the Civil War, Korean War, or 
Vietnam War. 
Sec. 577. Authorization and request for award of Distinguished-Service Cross 
to Jay C. Copley for acts of valor during the Vietnam War. 
Sec. 578. Program to commemorate 60th anniversary of the Korean War. 
Sec. 579. Establishment of Combat Medevac Badge. 
Sec. 580. Retroactive award of Army Combat Action Badge. 
Sec. 580A. Review regarding award of Medal of Honor to Jewish American 
World War I veterans. 
Subtitle I—Military Family Readiness Matters 
Sec. 581. Appointment of additional member of Department of Defense Mili-
tary Family Readiness Council. 
Sec. 582. Director of the Office of Community Support for Military Families 
With Special Needs. 
Sec. 583. Pilot program of personalized career development counseling for mili-
tary spouses. 
Sec. 584. Modification of Yellow Ribbon Reintegration Program. 
Sec. 585. Importance of Office of Community Support for Military Families 
with Special Needs. 
Sec. 586. Comptroller General report on Department of Defense Office of Com-
munity Support for Military Families with Special Needs. 
Sec. 587. Comptroller General report on Exceptional Family Member Program. 
Sec. 588. Comptroller General review of Department of Defense military spouse 
employment programs.
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Sec. 589. Report on Department of Defense military spouse education pro-
grams. 
Sec. 590. Annual leave for family of deployed members of the uniformed serv-
ices. 
Sec. 590A. Codification and continuation of Joint Family Support Assistance 
Program. 
Subtitle J—Other Matters 
Sec. 591. Establishment of Junior Reserve Officers’ Training Corps units for 
students in grades above sixth grade. 
Sec. 592. Increase in number of private sector civilians authorized for admis-
sion to National Defense University. 
Sec. 593. Admission of defense industry civilians to attend United States Air 
Force Institute of Technology. 
Sec. 594. Date for submission of annual report on Department of Defense 
STARBASE Program. 
Sec. 595. Extension of deadline for submission of final report of Military Lead-
ership Diversity Commission. 
Sec. 596. Enhanced authority for members of the Armed Forces and Depart-
ment of Defense and Coast Guard civilian employees and their 
families to accept gifts from non-Federal entities. 
Sec. 597. Report on performance and improvements of Transition Assistance 
Program. 
Sec. 598. Sense of Congress regarding assisting members of the Armed Forces 
to participate in apprenticeship programs. 
Sec. 599. Report on expansion of number of heirloom chest awarded to sur-
viving families. 
Sec. 600. Increase of maximum age for children eligible for medical care under 
CHAMPVA program. 
Sec. 600A. Transfer of Troops-to-Teachers Program from Department of Edu-
cation to Department of Defense. 
Sec. 600B. Enhancements to the Troops-to-Teachers Program. 
Sec. 600C. Support from Department of Education to help cover costs of new 
State programs under National Guard Youth Challenge Pro-
gram. 
Sec. 600D. Study of treatment of members of the reserve components. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2011 increase in military basic pay. 
Sec. 602. Basic allowance for housing for two-member couples when one or 
both members are on sea duty. 
Sec. 603. Allowances for purchase of required uniforms and equipment. 
Sec. 604. Increase in amount of family separation allowance. 
Sec. 605. One-time special compensation for transition of assistants providing 
aid and attendance care to members of the uniformed services 
with catastrophic injuries or illnesses. 
Sec. 606. Expansion of definition of senior enlisted member to include senior 
enlisted member serving within a combatant command. 
Sec. 607. Ineligibility of certain Federal civilian employees for Reservist income 
replacement payments on account of availability of comparable 
benefits under another program.
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Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pay authorities for 
reserve 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 
officers. 
Sec. 614. One-year extension of authorities relating to title 37 consolidated spe-
cial pay, incentive pay, and bonus authorities. 
Sec. 615. One-year extension of authorities relating to payment of other title 
37 bonuses and special pays. 
Sec. 616. One-year extension of authorities relating to payment of referral bo-
nuses. 
Sec. 617. Treatment of officers transferring between Armed Forces for receipt 
of aviation career special pay. 
Sec. 618. Increase in maximum amount of special pay for duty subject to hos-
tile fire or imminent danger or for duty in foreign area des-
ignated as an imminent danger area. 
Sec. 619. Special payment to members of the Armed Forces and civilian em-
ployees of the Department of Defense killed or wounded in at-
tacks directed at members or employees outside of combat 
zone, including those killed or wounded in certain 2009 at-
tacks. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Extension of authority to provide travel and transportation allow-
ances for inactive duty training outside of normal commuting 
distances. 
Sec. 632. Travel and transportation allowances for attendance of designated 
persons at Yellow Ribbon Reintegration events. 
Sec. 633. Mileage reimbursement for use of privately owned vehicles. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Elimination of cap on retired pay multiplier for members with greater 
than 30 years of service who retire for disability. 
Sec. 642. Equity in computation of disability retired pay for reserve component 
members wounded in action. 
Sec. 643. Elimination of the age requirement for health care benefits for non- 
regular service retirees. 
Sec. 644. Clarification of effect of ordering reserve component member to active 
duty to receive authorized medical care on reducing eligibility 
age for receipt of non-regular service retired pay. 
Sec. 645. Special survivor indemnity allowance for recipients of pre-Survivor 
Benefit Plan annuity affected by required offset for dependency 
and indemnity compensation. 
Sec. 646. Payment date for retired and retainer pay. 
Sec. 647. Sense of Congress concerning age and service requirements for re-
tired pay for non-regular service. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
and Operations
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Sec. 651. Shared construction costs for shopping malls or similar facilities con-
taining a commissary store and one or more nonappropriated 
fund instrumentality activities. 
Sec. 652. Addition of definition of morale, welfare, and recreation telephone 
services for use in contracts to provide such services for mili-
tary personnel serving in combat zones. 
Sec. 653. Feasibility study on establishment of full exchange store in the 
Northern Mariana Islands. 
Sec. 654. Continued operation of commissary and exchange stores serving 
Brunswick Naval Air Station, Maine. 
Subtitle F—Alternative Career Track Pilot Program 
Sec. 661. Pilot program to evaluate alternative career track for commissioned 
officers to facilitate an increased commitment to academic and 
professional education and career-broadening assignments. 
Subtitle G—Other Matters 
Sec. 671. Participation of members of the Armed Forces Health Professions 
Scholarship and Financial Assistance program in active duty 
health profession loan repayment program. 
Sec. 672. Retention of enlistment, reenlistment, and student loan benefits re-
ceived by military technicians (dual status). 
Sec. 673. Cancellation of loans of members of the Armed Forces made from 
student loan funds. 
Sec. 674. Report on provision of additional incentives for recruitment and re-
tention of health care professionals for reserve components. 
Sec. 675. Flexible commencement dates for availability of homeowner assistance 
for members of the Armed Forces permanently reassigned dur-
ing mortgage crisis. 
Sec. 676. Exclusion of persons convicted of committing certain sex offenses 
from receiving certain burial-related benefits and funeral hon-
ors. 
Sec. 677. Scholarship program for veterans for pursuit of graduate and post- 
graduate degrees in behavioral health sciences. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. Extension of prohibition on increases in certain health care costs. 
Sec. 702. Extension of dependent coverage under TRICARE. 
Sec. 703. Survivor dental benefits. 
Sec. 704. Aural screenings for members of the Armed Forces. 
Sec. 705. Temporary prohibition on increase in copayments under retail phar-
macy system of pharmacy benefits program. 
Sec. 706. Suicide among members of the Individual Ready Reserve and indi-
vidual mobilization augmentees. 
Sec. 707. Provision of information to members of the reserve components re-
garding health care benefits. 
Subtitle B—Health Care Administration 
Sec. 711. Administration of TRICARE. 
Sec. 712. Updated terminology for the Army medical service corps.
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Sec. 713. Clarification of licensure requirements applicable to military health- 
care professionals who are members of the national guard per-
forming duty while in title 32 status. 
Sec. 714. Annual report on joint health care facilities of the Department of De-
fense and the Department of Veterans Affairs. 
Sec. 715. Improvements to oversight of medical training for Medical Corps offi-
cers. 
Sec. 716. Study on reimbursement for costs of health care provided to ineligible 
individuals. 
Sec. 717. Limitation on transfer of funds to Department of Defense-Depart-
ment of Veterans Affairs medical facility demonstration 
project. 
Sec. 718. Enterprise risk assessment of health information technology pro-
grams. 
Subtitle C—Other Matters 
Sec. 721. Improving aural protection for members of the Armed Forces. 
Sec. 722. Comprehensive policy on neurocognitive assessment by the military 
health care system. 
Sec. 723. National Casualty Care Research Center. 
Sec. 724. Report on feasibility of study on breast cancer among female mem-
bers of the Armed Forces. 
Sec. 725. Assessment of post-traumatic stress disorder by military occupation. 
Sec. 726. Visiting NIH Senior Neuroscience Fellowship Program. 
Sec. 727. Pilot program on payment for treatment of members of the Armed 
Forces and veterans for traumatic brain injury and post-trau-
matic stress disorder. 
Sec. 728. Post-traumatic stress disorder counseling for civilian victims of the 
Fort Hood shooting and other similar incidents. 
Sec. 729. Sense of Congress concerning the implementation of the congression-
ally-mandated recommendations of the Institute of Medicine 
study. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 
AND RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Disclosure to litigation support contractors. 
Sec. 802. Designation of F135 and F136 engine development and procurement 
programs as major subprograms. 
Sec. 803. Conforming amendments relating to inclusion of major subprograms 
to major defense acquisition programs under various acquisi-
tion-related requirements. 
Sec. 804. Enhancement of Department of Defense authority to respond to com-
bat and safety emergencies through rapid acquisition and de-
ployment of urgently needed supplies. 
Sec. 805. Prohibition on contracts with entities engaging in commercial activity 
in the energy sector of Iran. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Extension of authority to procure certain fibers; limitation on speci-
fication. 
Sec. 812. Small arms production industrial base matters.
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Sec. 813. Additional definition relating to production of specialty metals within 
the United States. 
Subtitle C—Studies and Reports 
Sec. 821. Studies to analyze alternative models for acquisition and funding of 
technologies supporting network-centric operations. 
Sec. 822. Annual joint report and Comptroller General review on contracting in 
Iraq and Afghanistan. 
Sec. 823. Extension of Comptroller General review and report on contracting 
in Iraq and Afghanistan. 
Sec. 824. Interim report on review of impact of covered subsidies on acquisition 
of KC–45 aircraft. 
Sec. 825. Reports on Joint Capabilities Integration and Development System. 
Subtitle D—Other Matters 
Sec. 831. Extension of authority for defense acquisition challenge program. 
Sec. 832. Energy savings performance contracts. 
Sec. 833. Consideration of sustainable practices in procurement of products and 
services. 
Sec. 834. Definition of materials critical to national security. 
Sec. 835. Determination of strategic or critical rare earth materials for defense 
applications. 
Sec. 836. Review of national security exception to competition. 
Sec. 837. Inclusion of bribery in disclosure requirements of the Federal award-
ee performance and integrity information system. 
Sec. 838. Requirement for entities with facility clearances that are not under 
foreign ownership control or influence mitigation. 
Sec. 839. Report related to minority-owned, women-owned, and disadvantaged- 
owned small businesses. 
Sec. 840. Defense industrial base priority for rare earth neodymium iron boron 
magnets. 
Sec. 841. Sense of Congress regarding cost savings through reductions in 
waste, fraud, and abuse. 
Sec. 842. Procurement of articles, materials, and supplies for use outside the 
United States. 
Sec. 843. Additional information on waivers under Buy American Act by De-
partment of Defense required to be included in annual report. 
Sec. 844. Requirement to include effects on domestic jobs in periodic assess-
ments of defense capability. 
Sec. 845. Extension of regulations on contractors performing private security 
functions. 
Sec. 846. Procurement of photovoltaic devices. 
Sec. 847. Requirement for contracts in Iraq and Afghanistan to use employees 
and not independent contractors for private security services. 
Sec. 848. Consideration of unfair competitive advantage in evaluation of offers 
for KC–X aerial refueling aircraft program. 
Sec. 849. Debarment of BP and its subsidiaries. 
Sec. 850. Office of Federal Procurement Policy Act amendments. 
Sec. 851. Requirement to justify the use of factors other than cost or price as 
the predominate factors in evaluating competitive proposals for 
defense procurement contracts. 
Sec. 852. Penalties on contractors not providing information to databases on 
contracts in Iraq and Afghanistan.
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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Redesignation of the Department of the Navy as the Department of 
the Navy and Marine Corps. 
Sec. 902. Realignment of the organizational structure of the Office of the Sec-
retary of Defense to carry out the reduction required by law 
in the number of Deputy Under Secretaries of Defense. 
Sec. 903. Unified medical command. 
Subtitle B—Space Activities 
Sec. 911. Integrated space architectures. 
Subtitle C—Intelligence-Related Matters 
Sec. 921. Five-year extension of authority for Secretary of Defense to engage 
in commercial activities as security for intelligence collection 
activities. 
Sec. 922. Space and counterspace intelligence analysis. 
Sec. 923. Audits of intelligence community by Government Accountability Of-
fice. 
Subtitle D—Other Matters 
Sec. 931. Revisions to the board of regents for the Uniformed Services Univer-
sity of the Health Sciences. 
Sec. 932. Increased flexibility for Combatant Commander Initiative Fund. 
Sec. 933. Two-year extension of authorities relating to temporary waiver of re-
imbursement of costs of activities for nongovernmental per-
sonnel at Department of Defense Regional Centers for Security 
Studies. 
Sec. 934. Additional requirements for quadrennial roles and missions review in 
2011. 
Sec. 935. Codification of congressional notification requirement before perma-
nent relocation of any United States military unit stationed 
outside the United States. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Authorization of additional appropriations for operations in Afghani-
stan, Iraq, and Haiti for fiscal year 2010. 
Sec. 1003. Budgetary effects of this Act. 
Subtitle B—Counter-Drug Activities 
Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counterterrorism activities. 
Sec. 1013. Reporting requirement on expenditures to support foreign counter- 
drug activities. 
Sec. 1014. Support for counter-drug activities of certain foreign governments.
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Subtitle C—Naval Vessels and Shipyards 
Sec. 1021. Requirements for long-range plan for construction of naval vessels. 
Sec. 1022. Requirements for the decommissioning of naval vessels. 
Sec. 1023. Requirements for the size of the Navy battle force fleet. 
Sec. 1024. Retention and status of certain naval vessels. 
Sec. 1025. Expressing the sense of Congress regarding the naming of a naval 
combat vessel after Father Vincent Capodanno. 
Subtitle D—Counterterrorism 
Sec. 1031. Extension of certain authority for making rewards for combating 
terrorism. 
Sec. 1032. Prohibition on the use of funds for the transfer or release of individ-
uals detained at United States Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1033. Certification requirements relating to the transfer of individuals de-
tained at Naval Station, Guantanamo Bay, Cuba, to foreign 
countries and other foreign entities. 
Sec. 1034. Prohibition on the use of funds to modify or construct facilities in 
the United States to house detainees transferred from United 
States Naval Station, Guantanamo Bay, Cuba. 
Sec. 1035. Comprehensive review of force protection policies. 
Sec. 1036. Fort Hood Follow-on Review Implementation Fund. 
Sec. 1037. Inspector General investigation of the conduct and practices of law-
yers representing individuals detained at Naval Station, Guan-
tanamo Bay, Cuba. 
Sec. 1038. Prohibition on use of funds to give Miranda warnings to Al Qaeda 
terrorists. 
Subtitle E—Studies and Reports 
Sec. 1041. Department of Defense aerospace-related mishap safety investiga-
tion reports. 
Sec. 1042. Interagency national security knowledge and skills. 
Sec. 1043. Report on establishing a Northeast Regional Joint Training Center. 
Sec. 1044. Comptroller General report on previously requested reports. 
Sec. 1045. Report on nuclear triad. 
Sec. 1046. Cybersecurity study and report. 
Sec. 1047. Study on common alignment of world regions in departments and 
agencies with international responsibilities. 
Sec. 1048. Required reports concerning bomber modernization, sustainment, 
and recapitalization efforts in support of the national defense 
strategy. 
Subtitle F—Other Matters 
Sec. 1051. National Defense Panel. 
Sec. 1052. Quadrennial defense review. 
Sec. 1053. Sale of surplus military equipment to State and local homeland se-
curity and emergency management agencies. 
Sec. 1054. Department of Defense rapid innovation program. 
Sec. 1055. Technical and clerical amendments. 
Sec. 1056. Budgeting for the sustainment and modernization of nuclear deliv-
ery systems. 
Sec. 1057. Limitation on nuclear force reductions. 
Sec. 1058. Sense of Congress on the Nuclear Posture Review.
•HR 5136 EH1S 
Sec. 1059. Strategic assessment of strategic challenges posed by potential com-
petitors. 
Sec. 1060. Electronic access to certain classified information. 
Sec. 1061. Justice for victims of torture and terrorism. 
Sec. 1062. Policy regarding appropriate use of Department of Defense re-
sources. 
Sec. 1063. Executive agent for preventing the introduction of counterfeit micro-
electronics into the defense supply chain. 
Sec. 1064. Shared information regarding training exercises. 
Sec. 1065. Sense of Congress regarding presidential letters of condolence to the 
families of members of the Armed Forces who have died by sui-
cide. 
Sec. 1066. Findings and sense of Congress on Obesity and Federal Child Nu-
trition Programs. 
Sec. 1067. Sense of Congress regarding recreational hunting and fishing on 
military installations. 
Sec. 1068. Sense of Congress encouraging the President to order the United 
States flag to be flown over United States military and civilian 
outposts in Haiti during earthquake relief efforts. 
Sec. 1069. Study on optimal balance of manned and unmanned aerial vehicle 
capability. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Authority for the Department of Defense to approve an alternate 
method of processing equal employment opportunity complaints 
within one or more component organizations under specified 
circumstances. 
Sec. 1102. Clarification of authorities at personnel demonstration laboratories. 
Sec. 1103. Special rule relating to certain overtime pay. 
Sec. 1104. One-year extension of authority to waive annual limitation on pre-
mium 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 regarding waiver of recovery of certain payments 
made under civilian employees voluntary separation incentive 
program. 
Sec. 1109. Suspension of DCIPS pay authority extended for a year. 
Sec. 1110. Federal Internship Programs. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Expansion of authority for support of special operations to combat 
terrorism. 
Sec. 1202. Addition of allied government agencies to enhanced logistics inter-
operability authority. 
Sec. 1203. Modification and extension of authorities relating to program to 
build the capacity of foreign military forces. 
Sec. 1204. Air Force scholarships for Partnership for Peace nations to partici-
pate in the Euro-NATO Joint Jet Pilot Training Program. 
Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan
•HR 5136 EH1S 
Sec. 1211. Limitation on availability of funds for certain purposes relating to 
Iraq. 
Sec. 1212. Commanders’ Emergency Response Program. 
Sec. 1213. Modification of authority for reimbursement to certain coalition na-
tions for support provided to United States military operations. 
Sec. 1214. Modification of report on responsible redeployment of United States 
Armed Forces from Iraq. 
Sec. 1215. Modification of reports relating to Afghanistan. 
Sec. 1216. No permanent military bases in Afghanistan. 
Sec. 1217. Authority to use funds for reintegration activities in Afghanistan. 
Sec. 1218. One-year extension of Pakistan Counterinsurgency Fund. 
Sec. 1219. Authority to use funds to provide support to coalition forces sup-
porting military and stability operations in Iraq and Afghani-
stan. 
Sec. 1220. Requirement to provide United States brigade and equivalent units 
deployed to Afghanistan with the commensurate level of unit 
and theater-wide combat enablers. 
Sec. 1221. Limitation on availability of funds for elections in Afghanistan. 
Sec. 1222. Recommendations on oversight of contractors engaged in activities 
relating to Afghanistan. 
Sec. 1223. Report on long-term costs of Operation Iraqi Freedom and Oper-
ation Enduring Freedom. 
Subtitle C—Other Matters 
Sec. 1231. NATO Special Operations Coordination Center. 
Sec. 1232. National Military Strategic Plan to Counter Iran. 
Sec. 1233. Report on Department of Defense’s plans to reform the export con-
trol system. 
Sec. 1234. Report on United States efforts to defend against threats posed by 
the advanced anti-access capabilities of potentially hostile for-
eign countries. 
Sec. 1235. Report on force structure changes in composition and capabilities at 
military installations in Europe. 
Sec. 1236. Sense of Congress on missile defense and New Start Treaty with 
Russian Federation. 
Sec. 1237. Report on the strategic implications of the successful negotiation of 
an incidents at sea agreement between the United States and 
the Government of Iran. 
Sec. 1238. Requirement to monitor and evaluate Department of Defense activi-
ties to counter violent extremism in Africa. 
Sec. 1239. Report on certain Iraqis affiliated with the United States. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. Study on working capital fund cash balances. 
Sec. 1403. Modification of certain working capital fund requirements. 
Sec. 1404. Reduction of unobligated balances within the Pentagon Reservation 
Maintenance Revolving Fund.
•HR 5136 EH1S 
Sec. 1405. National Defense Sealift Fund. 
Sec. 1406. Chemical agents and munitions destruction, defense. 
Sec. 1407. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1408. Defense Inspector General. 
Sec. 1409. 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. Plan for funding fuel infrastructure sustainment, restoration, and 
modernization requirements. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 
FOR OVERSEAS CONTINGENCY OPERATIONS 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Navy and Marine Corps procurement. 
Sec. 1505. Air Force procurement. 
Sec. 1506. Defense-wide activities procurement. 
Sec. 1507. Iron Dome short-range rocket defense program. 
Sec. 1508. National Guard and Reserve equipment. 
Sec. 1509. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1510. Research, development, test, and evaluation. 
Sec. 1511. Operation and maintenance. 
Sec. 1512. Limitations on availability of funds in Afghanistan Security Forces 
Fund. 
Sec. 1513. Limitations on Iraq Security Forces Fund. 
Sec. 1514. Military personnel. 
Sec. 1515. Working capital funds. 
Sec. 1516. Defense Health Program. 
Sec. 1517. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1518. Defense Inspector General. 
Sec. 1519. Continuation of prohibition on use of United States funds for cer-
tain facilities projects in Iraq. 
Sec. 1520. Availability of funds for rapid force protection in Afghanistan. 
Sec. 1521. Treatment as additional authorizations. 
Sec. 1522. Special transfer authority. 
Sec. 1523. Report on mine resistant ambush protected vehicles. 
TITLE XVI—IMPROVED SEXUAL ASSAULT PREVENTION AND 
RESPONSE IN THE ARMED FORCES 
Sec. 1601. Definition of Department of Defense sexual assault prevention and 
response program and other definitions. 
Subtitle A—Immediate Actions to Improve Department of Defense Sexual 
Assault Prevention and Response Program
•HR 5136 EH1S 
Sec. 1611. Specific budgeting for Department of Defense sexual assault preven-
tion and response program. 
Sec. 1612. Consistency in terminology, position descriptions, program stand-
ards, and organizational structures. 
Sec. 1613. Guidance for commanders. 
Sec. 1614. Commander consultation with victims of sexual assault. 
Sec. 1615. Oversight and evaluation. 
Sec. 1616. Sexual assault reporting hotline. 
Sec. 1617. Review of application of sexual assault prevention and response pro-
gram to reserve components. 
Sec. 1618. Review of effectiveness of revised Uniform Code of Military Justice 
offenses regarding rape, sexual assault, and other sexual mis-
conduct. 
Sec. 1619. Training and education programs for sexual assault prevention and 
response program. 
Sec. 1620. Use of sexual assault forensic medical examiners. 
Sec. 1621. Sexual Assault Advisory Board. 
Sec. 1622. Department of Defense Sexual Assault Advisory Council. 
Sec. 1623. Service-level sexual assault review boards. 
Sec. 1624. Renewed emphasis on acquisition of centralized Department of De-
fense sexual assault database. 
Subtitle B—Sexual Assault Prevention Strategy and Annual Reporting 
Requirement 
Sec. 1631. Comprehensive Department of Defense sexual assault prevention 
strategy. 
Sec. 1632. Annual report on sexual assaults involving members of the Armed 
Forces and sexual assault prevention and response program. 
Subtitle C—Amendments to Title 10 
Sec. 1641. Sexual Assault Prevention and Response Office. 
Sec. 1642. Sexual Assault Response Coordinators and Sexual Assault Victim 
Advocates. 
Sec. 1643. Sexual assault victims access to legal counsel and Victim Advocate 
services. 
Sec. 1644. Notification of command of outcome of court-martial involving 
charges of sexual assault. 
Sec. 1645. Copy of record of court-martial to victim of sexual assault involving 
a member of the Armed Forces. 
Sec. 1646. Medical care for victims of sexual assault. 
Sec. 1647. Privilege against disclosure of certain communications with Sexual 
Assault Victim Advocates. 
Sec. 1648. Expedited consideration and priority for application for consider-
ation of a permanent change of station or unit transfer based 
on humanitarian conditions for victim of sexual assault. 
Subtitle D—Other Matters 
Sec. 1661. Recruiter selection and oversight. 
Sec. 1662. Availability of services under sexual assault prevention and response 
program for dependents of members, military retirees, Depart-
ment of Defense civilian employees, and defense contractor em-
ployees.
•HR 5136 EH1S 
Sec. 1663. Application of sexual assault prevention and response program in 
training environments. 
Sec. 1664. Application of sexual assault prevention and response program in re-
mote environments and joint basing situations. 
TITLE XVII—FEDERAL INFORMATION SECURITY 
Subtitle A—Federal Information Security Amendments 
Sec. 1701. Coordination of Federal Information Policy. 
Sec. 1702. Information security acquisition requirements. 
Sec. 1703. Technical and conforming amendments. 
Sec. 1704. Effective date. 
Subtitle B—Federal Chief Technology Officer 
Sec. 1711. Office of the Chief Technology Officer. 
TITLE XVIII—GUAM WORLD WAR II LOYALTY RECOGNITION ACT 
Sec. 1801. Short title. 
Sec. 1802. Recognition of the suffering and loyalty of the residents of Guam. 
Sec. 1803. Payments for Guam World War II claims. 
Sec. 1804. Adjudication. 
Sec. 1805. Grants program to memorialize the occupation of Guam during 
World War II. 
Sec. 1806. Authorization of appropriations. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified 
by law. 
Sec. 2003. Effective date. 
Sec. 2004. General reduction across division. 
TITLE XXI—ARMY MILITARY CONSTRUCTION 
Sec. 2101. Authorized Army construction and land acquisition projects and au-
thorization of appropriations. 
Sec. 2102. Family housing. 
Sec. 2103. Use of unobligated Army military construction funds in conjunction 
with funds provided by the Commonwealth of Virginia to carry 
out certain fiscal year 2002 project. 
Sec. 2104. Modification of authority to carry out certain fiscal year 2009 
project. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2010 
project. 
Sec. 2106. Extension of authorizations of certain fiscal year 2008 projects. 
TITLE XXII—NAVY MILITARY CONSTRUCTION 
Sec. 2201. Authorized Navy construction and land acquisition projects and au-
thorization of appropriations. 
Sec. 2202. Family housing. 
Sec. 2203. Technical amendment to reflect multi-increment fiscal year 2010 
project. 
Sec. 2204. Extension of authorization of certain fiscal year 2008 project.
•HR 5136 EH1S 
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 
Sec. 2301. Authorized Air Force construction and land acquisition projects and 
authorization of appropriations. 
Sec. 2302. Family housing. 
Sec. 2303. Extension of authorization of certain fiscal year 2007 project. 
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects and authorization of appropriations. 
Sec. 2402. Family housing. 
Sec. 2403. Energy conservation projects. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorization of appropriations, chemical demilitarization construc-
tion, defense-wide. 
Sec. 2412. Modification of authority to carry out certain fiscal year 2000 
project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects and authorization of appropriations. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects 
and authorization of appropriations. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
and land acquisition projects and authorization of appropria-
tions. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects and authorization of appropriations. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition 
projects and authorization of appropriations. 
Sec. 2606. Extension of authorizations of certain fiscal year 2008 projects. 
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure 
Account 1990. 
Sec. 2702. Authorized base realignment and closure activities funded through 
Department of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure 
Account 2005. 
Subtitle B—Other Matters
•HR 5136 EH1S 
Sec. 2711. Transportation plan for BRAC 133 project under Fort Belvoir, Vir-
ginia, BRAC initiative. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Availability of military construction information on Internet. 
Sec. 2802. Authority to transfer proceeds from sale of military family housing 
to Department of Defense Family Housing Improvement Fund. 
Sec. 2803. Enhanced authority for provision of excess contributions for NATO 
Security Investment program. 
Sec. 2804. Duration of authority to use Pentagon Reservation Maintenance Re-
volving Fund for construction and repairs at Pentagon Res-
ervation. 
Sec. 2805. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command area of re-
sponsibility. 
Sec. 2806. Veterans to Work pilot program for military construction projects. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Notice-and-wait requirements applicable to real property trans-
actions. 
Sec. 2812. Treatment of proceeds generated from leases of non-excess property 
involving military museums. 
Sec. 2813. Repeal of expired authority to lease land for special operations ac-
tivities. 
Sec. 2814. Former Naval Bombardment Area, Culebra Island, Puerto Rico. 
Sec. 2815. Clarification of authority of Secretary to assist with development of 
public infrastructure in connection with the establishment or 
expansion of a military installation. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2821. Sense of Congress regarding importance of providing community ad-
justment assistance to Government of Guam. 
Sec. 2822. Department of Defense assistance for community adjustments re-
lated to realignment of military installations and relocation of 
military personnel on Guam. 
Sec. 2823. Extension of term of Deputy Secretary of Defense’s leadership of 
Guam Oversight Council. 
Sec. 2824. Utility conveyances to support integrated water and wastewater 
treatment system on Guam. 
Sec. 2825. Report on types of facilities required to support Guam realignment. 
Sec. 2826. Report on civilian infrastructure needs for Guam. 
Sec. 2827. Comptroller General report on planned replacement Naval Hospital 
on Guam. 
Subtitle D—Energy Security 
Sec. 2831. Consideration of environmentally sustainable practices in Depart-
ment energy performance plan. 
Sec. 2832. Plan and implementation guidelines for achieving Department of 
Defense goal regarding use of renewable energy to meet facility 
energy needs.
•HR 5136 EH1S 
Sec. 2833. Insulation retrofitting assessment for Department of Defense facili-
ties. 
Subtitle E—Land Conveyances 
Sec. 2841. Conveyance of personal property related to waste-to-energy power 
plant serving Eielson Air Force Base, Alaska. 
Sec. 2842. Land conveyance, Whittier Petroleum, Oil, and Lubricant Tank 
Farm, Whittier, Alaska. 
Sec. 2843. Land conveyance, Fort Knox, Kentucky. 
Sec. 2844. Land conveyance, Naval Support Activity (West Bank), New Orle-
ans, Louisiana. 
Sec. 2845. Land conveyance, former Navy Extremely Low Frequency commu-
nications project site, Republic, Michigan. 
Sec. 2846. Land conveyance, Marine Forces Reserve Center, Wilmington, 
North Carolina. 
Subtitle F—Other Matters 
Sec. 2851. Requirements related to providing world class military medical facili-
ties. 
Sec. 2852. Naming of Armed Forces Reserve Center, Middletown, Connecticut. 
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 
CONSTRUCTION 
Subtitle A—Fiscal Year 2010 Projects 
Sec. 2901. Authorized Army construction and land acquisition projects and au-
thorization of appropriations. 
Sec. 2902. Authorized Air Force construction and land acquisition projects and 
authorization of appropriations. 
Subtitle B—Fiscal Year 2011 Projects 
Sec. 2911. Authorized Army construction and land acquisition projects and au-
thorization of appropriations. 
Sec. 2912. Authorized Air Force construction and land acquisition projects and 
authorization of appropriations. 
Sec. 2913. Authorized Defense Wide Construction and Land Acquisition 
Projects and Authorization of Appropriations. 
Sec. 2914. Construction authorization for Department of Defense facilities in 
a foreign country. 
Subtitle C—Other Matters 
Sec. 2921. Notification of obligation of funds and quarterly reports. 
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.
•HR 5136 EH1S 
Sec. 3103. Other defense activities. 
Sec. 3104. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Extension of authority relating to the International Materials Pro-
tection, Control, and Accounting Program of the Department 
of Energy. 
Sec. 3112. Energy parks initiative. 
Sec. 3113. Establishment of technology transfer centers. 
Sec. 3114. Aircraft procurement. 
Sec. 3115. Enhancing private-sector employment through technology transfer 
activities. 
Subtitle C—Reports 
Sec. 3121. Comptroller General report on NNSA biennial complex moderniza-
tion strategy. 
Sec. 3122. Report on graded security protection policy. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for national security aspects of the 
merchant marine for fiscal year 2011. 
Sec. 3502. Extension of Maritime Security Fleet program. 
Sec. 3503. United States Merchant Marine Academy nominations of residents 
of the Northern Mariana Islands. 
Sec. 3504. Administrative expenses for Port of Guam Improvement Enterprise 
Program. 
Sec. 3505. Vessel loan guarantees: procedures for traditional and nontraditional 
applications. 
DIVISION D—IMPLEMENTING MANAGEMENT FOR PERFORMANCE 
AND RELATED REFORMS TO OBTAIN VALUE IN EVERY ACQUI-
SITION ACT 
Sec. 100A. Short title. 
Sec. 100B. Definition of congressional defense committees. 
TITLE I—DEFENSE ACQUISITION SYSTEM 
Sec. 101. Performance management of the defense acquisition system. 
Sec. 102. Meaningful consideration by Joint Requirements Oversight Council of 
input from certain officials. 
Sec. 103. Performance management for the Joint Capabilities Integration and 
Development System. 
Sec. 104. Requirements for the acquisition of services. 
Sec. 105. Joint evaluation task forces. 
Sec. 106. Review of defense acquisition guidance.
•HR 5136 EH1S 
Sec. 107. Requirement to include references to services acquisition throughout 
the Federal Acquisition Regulation. 
Sec. 108. Procurement of military purpose nondevelopmental items. 
TITLE II—DEFENSE ACQUISITION WORKFORCE 
Sec. 201. Acquisition workforce excellence. 
Sec. 202. Amendments to the acquisition workforce demonstration project. 
Sec. 203. Incentive programs for civilian and military personnel in the acquisi-
tion workforce. 
Sec. 204. Career development for civilian and military personnel in the acquisi-
tion workforce. 
Sec. 205. Recertification and training requirements. 
Sec. 206. Information technology acquisition workforce. 
Sec. 207. Definition of acquisition workforce. 
Sec. 208. Defense Acquisition University curriculum review. 
Sec. 209. Cost estimating internship and scholarship programs. 
Sec. 210. Prohibition on personal services contracts for senior mentors. 
TITLE III—FINANCIAL MANAGEMENT 
Sec. 301. Incentives for achieving auditability. 
Sec. 302. Measures required after failure to achieve auditability. 
Sec. 303. Review of obligation and expenditure thresholds. 
Sec. 304. Disclosure and traceability of the cost of Department of Defense 
health care contracts. 
TITLE IV—INDUSTRIAL BASE 
Sec. 401. Expansion of the industrial base. 
Sec. 402. Commercial pricing analysis. 
Sec. 403. Contractor and grantee disclosure of delinquent Federal tax debts. 
Sec. 404. Independence of contract audits and business system reviews. 
Sec. 405. Blue ribbon panel on eliminating barriers to contracting with the De-
partment of Defense. 
Sec. 406. Inclusion of the providers of services and information technology in 
the national technology and industrial base. 
Sec. 407. Construction of Act on competition requirements for the acquisition 
of services. 
Sec. 408. Acquisition Savings Program. 
Sec. 409. Sense of Congress regarding compliance with the Berry Amendment, 
the Buy American Act, and labor standards of the United 
States. 
Sec. 410. Industrial Base Council and Fund. 
TITLE V—OTHER MATTERS 
Sec. 501. Clothing allowance requirement. 
Sec. 502. Requirement that cost or price to the Federal Government be given 
at least equal importance as technical or other criteria in evalu-
ating competitive proposals for defense contracts.
•HR 5136 EH1S 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 101(a)(16) of title 10, United States Code. 
SEC. 4. TREATMENT OF SUCCESSOR CONTINGENCY OPER-
ATION TO OPERATION IRAQI FREEDOM. 
Any law or regulation applicable to Operation Iraqi 
Freedom shall apply in the same manner and to the same 
extent to the successor contingency operation known as 
Operation New Dawn, except as specifically provided in 
this Act, any amendment made by this Act, or any other 
law enacted after the date of the enactment of this Act. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for procurement for the Army as follows: 
(1) For aircraft, $5,986,361,000. 
(2) For missiles, $1,631,463,000. 
(3) For weapons and tracked combat vehicles, 
$1,616,245,000. 
(4) For ammunition, $1,946,948,000. 
(5) For other procurement, $9,398,728,000.
•HR 5136 EH1S 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2011 for procurement for the Navy 
as follows: 
(1) For aircraft, $19,132,613,000. 
(2) For weapons, including missiles and tor-
pedoes, $3,350,894,000. 
(3) 
For 
shipbuilding 
and 
conversion, 
$15,724,520,000. 
(4) For other procurement, $6,450,208,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2011 for procurement for 
the Marine Corps in the amount of $1,379,044,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2011 for procurement of ammunition for the Navy and 
the Marine Corps in the amount of $817,991,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for procurement for the Air Force as fol-
lows: 
(1) For aircraft, $15,355,908,000. 
(2) For ammunition, $672,420,000. 
(3) For missiles, $5,470,772,000. 
(4) For other procurement, $17,911,730,000.
•HR 5136 EH1S 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for Defense-wide procurement in the 
amount of $4,399,768,000. 
Subtitle B—Army Programs 
SEC. 111. PROCUREMENT OF EARLY INFANTRY BRIGADE 
COMBAT TEAM INCREMENT ONE EQUIPMENT. 
(a) LIMITATION ON PRODUCTION QUANTITIES.—Ex-
cept as provided in subsection (c), the Secretary of De-
fense may not procure more than two brigade sets of early- 
infantry brigade combat team increment one equipment 
(in this section referred to as a ‘‘brigade set’’). 
(b) APPLICABILITY
TO LONG-LEAD PRODUCTION 
ITEMS.—The limitation in subsection (a) includes procure-
ment of a long-lead item for an element of a brigade set 
beyond the two brigade sets authorized under such sub-
section. 
(c) WAIVER.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics may waive the limi-
tation in subsection (a) if— 
(1) the Under Secretary submits to Congress 
written certification that— 
(A) the initial operational test and evalua-
tion of the brigade set has been completed; 
(B) the Director of Operational Test and 
Evaluation has submitted to Congress a report
•HR 5136 EH1S 
describing the results of the initial operational 
test and evaluation (as described in section 
2399(b) of title 10, United States Code) and 
the comparative test of the brigade set; 
(C) all of the subsystems tested in the ini-
tial operational test and evaluation were tested 
in the intended production configuration; and 
(D) all radios planned for fielding with the 
brigade set have received the appropriate Na-
tional Security Agency approvals, as determined 
by the Under Secretary; and 
(2) a period of 30 days has elapsed after the 
date on which the certification under paragraph (1) 
is received. 
(d) EXCEPTION FOR MEETING OPERATIONAL NEED 
STATEMENT REQUIREMENTS.—The limitation in sub-
section (a) does not apply to the procurement of individual 
components of the brigade set if the procurement of such 
components is specifically intended to address an oper-
ational need statement requirement (as described in Army 
Regulation 71–9 or a successor regulation). 
SEC. 112. REPORT ON ARMY BATTLEFIELD NETWORK 
PLANS AND PROGRAMS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2011, the Secretary of the Army shall submit to the con-
•HR 5136 EH1S 
gressional defense committees a report on plans for field-
ing tactical communications network equipment. Such re-
port shall include— 
(1) an explanation of the current communica-
tions architecture of every level of the Army; 
(2) an explanation of the future communica-
tions architecture of every level of the Army; 
(3) the quantities and types of new equipment 
that the Secretary plans to procure in the 5-year pe-
riod following the date on which the report is sub-
mitted in order to develop the architecture described 
in paragraph (2); 
(4) a list of the equipment described in para-
graph (3) that is included in the budget of the Presi-
dent for fiscal year 2012 (as submitted to Congress 
pursuant to section 1105 of title 31, United States 
Code); and 
(5) for each item included in the list of equip-
ment described in paragraph (3)— 
(A) an updated average procurement unit 
cost for each year of the covered 5-year period; 
and 
(B) the updated total Army acquisition ob-
jective.
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(b) LIMITATION ON OBLIGATION OF FUNDS.—Ex-
cept as provided in subsection (c), of the funds authorized 
to be appropriated by this or any other Act for fiscal year 
2011 for procurement, Army, for tactical radios or tactical 
communications network equipment, not more than 50 
percent may be obligated or expended until the date that 
is 15 days after the date on which the report is submitted 
under subsection (a). 
(c) EXCEPTION FOR MEETING OPERATIONAL NEED 
STATEMENT REQUIREMENTS.—The limitation in sub-
section (b) does not apply to the procurement of tactical 
radio or tactical communications network equipment if the 
procurement of such equipment is specifically intended to 
address an operational need statement requirement (as de-
scribed in Army Regulation 71–9 or a successor regula-
tion). 
(d) TACTICAL COMMUNICATIONS NETWORK EQUIP-
MENT DEFINED.—In this section, the term ‘‘tactical com-
munications network equipment’’ means all electronic 
communications systems operated by a tactical unit (of 
brigade size or smaller) of the Army. 
SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL 
TRACTORS. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by section 101(5) for other procurement,
•HR 5136 EH1S 
Army, may be obligated or expended by the Secretary of 
the Army for line-haul tractors unless the source selection 
is made based on a full and open competition. 
(b) WAIVER.—The Secretary of the Army may waive 
the limitation under subsection (a) if the Secretary cer-
tifies to the congressional defense committees by not later 
than 90 days after the date of the enactment of this Act 
that a sole source selection— 
(1) is needed to fulfill mission requirements; or 
(2) is more cost effective than a full and open 
competition. 
Subtitle C—Navy Programs 
SEC. 121. INCREMENTAL FUNDING FOR PROCUREMENT OF 
LARGE NAVAL VESSELS. 
(a) INCREMENTAL FUNDING OF LARGE NAVAL VES-
SELS.—Except as provided in subsection (b), the Sec-
retary of the Navy may use incremental funding for the 
procurement of a large naval vessel over a period not to 
exceed the number of years equal to three-fourths of the 
total period of planned ship construction of such vessel. 
(b) LPD 26.—With respect to the vessel designated 
LPD 26, the Secretary may use incremental funding for 
the procurement of such vessel through fiscal year 2012 
if the Secretary determines that such incremental fund-
ing—
•HR 5136 EH1S 
(1) is in the best interest of the overall ship-
building efforts of the Navy; 
(2) is needed to provide the Secretary with the 
ability to facilitate changes to the shipbuilding in-
dustrial base of the Navy; and 
(3) will provide the Secretary with the ability to 
award a contract for construction of the vessel that 
provides the best value to the United States. 
(c) CONDITION
FOR OUT-YEAR CONTRACT PAY-
MENTS.—A contract entered into under subsection (a) or 
(b) shall provide that any obligation of the United States 
to make a payment under the contract for a fiscal year 
after the fiscal year the vessel was authorized is subject 
to the availability of appropriations for that purpose for 
that later fiscal year. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘large naval vessel’’ means a ves-
sel— 
(A) that is— 
(i) an aircraft carrier designated a 
CVN; 
(ii) an amphibious assault ship des-
ignated LPD, LHA, LHD, or LSD; or 
(iii) an auxiliary vessel; and
•HR 5136 EH1S 
(B) that has a light ship displacement of 
17,000 tons or more. 
(2) The term ‘‘total period of planned ship con-
struction’’ means the period of years beginning on 
the date of the first authorization of funding (not in-
cluding funding requested for advance procurement) 
and ending on the date that is projected on the date 
of the first authorization of funding to be the deliv-
ery date of the vessel to the Navy. 
SEC. 122. MULTIYEAR PROCUREMENT OF F/A–18E, F/A–18F, 
AND EA–18G AIRCRAFT. 
(a) MULTIYEAR PROCUREMENT.— 
(1) ADDITIONAL AUTHORITY.—Section 128 of 
the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2217) is 
amended by adding at the end the following new 
subsections: 
‘‘(e) 
UPDATED
REPORT.—With 
respect 
to 
a 
multiyear contract entered into under subsection (a), the 
Secretary of Defense may submit to the congressional de-
fense committees an update to the report under section 
2306b(l)(4) of title 10, United States Code, by not later 
than September 1, 2010. 
‘‘(f) REQUIRED AUTHORITY.—Notwithstanding any 
other provision of law, with respect to a multiyear contract
•HR 5136 EH1S 
entered into under subsection (a), this section shall be 
deemed to meet the requirements under subsection (i)(3) 
and (l)(3) of section 2306b of title 10, United States Code. 
‘‘(g) EXCEPTION TO CERTAIN REQUIREMENT.—Sec-
tion 8008(b) of the Department of Defense Appropriations 
Act, 1998 (Public Law 105–56; 10 U.S.C. 2306b note) 
shall not apply to a multiyear contract entered into under 
subsection (a). 
‘‘(h) USE OF FUNDS.— 
‘‘(1) PROCUREMENT.—In accordance with para-
graph (2), the Secretary of Defense shall ensure that 
all funds authorized to be appropriated for the ad-
vance procurement or procurement of F/A–18E, F/ 
A–18F, or EA–18G aircraft under this section are 
obligated or expended for such purpose. 
‘‘(2) USE OF EXCESS FUNDS.—The Secretary 
of Defense shall ensure that any excess funds are 
obligated or expended for the advance procurement 
or procurement of F/A–18E or F/A–18F aircraft 
under this section, regardless of whether such air-
craft are in addition to the 515 F/A–18E and F/A– 
18F aircraft planned by the Secretary of the Navy. 
‘‘(3) EXCESS FUNDS DEFINED.—In this sub-
section, the term ‘excess funds’, with respect to 
funds available for the advance procurement or pro-
•HR 5136 EH1S 
curement of F/A–18E, F/A–18F, or EA–18G air-
craft under this section, means the amount of funds 
that is equal to the difference of— 
‘‘(A) the sum of— 
‘‘(i) the funds authorized to be appro-
priated by this Act or otherwise available 
for fiscal year 2010 for the advance pro-
curement and procurement of F/A–18E, F/ 
A–18F, or EA–18G aircraft; and 
‘‘(ii) the funding levels for the ad-
vance procurement and procurement of 
such aircraft for fiscal years 2011 through 
2013 proposed by the Secretary of Defense 
in the future-years defense program for 
fiscal year 2011 submitted under section 
221 of title 10, United States Code; and 
‘‘(B) the funds required to execute the 
multiyear contracts for the advance procure-
ment and procurement of such aircraft under 
this section.’’. 
(2) EXTENSION
OF
CERTIFICATION.—Para-
graph (2) of subsection (a) of such section is amend-
ed by striking ‘‘a reference to March’’ and inserting 
‘‘a reference to September’’.
•HR 5136 EH1S 
(b) FULL FUNDING CERTIFICATION.—Paragraph (1) 
of section 8011 of the Department of Defense Appropria-
tions Act, 2010 (Public Law 111–118; 10 U.S.C. 2306b 
note) is amended by inserting after ‘‘within 30 days of 
enactment of this Act’’ the following: ‘‘(or in the case of 
a multiyear contract for the procurement of F/A–18E, F/ 
A–18F, or EA–18G aircraft, by the date that is not less 
than 30 days prior to the contract award)’’. 
SEC. 123. REPORT ON NAVAL FORCE STRUCTURE AND MIS-
SILE DEFENSE. 
(a) REPORT.—Not later than March 1, 2011, the 
Secretary of the Navy, in coordination with the Chief of 
Naval Operations, shall submit to the congressional de-
fense committees a report on the requirements of the 
major combatant surface vessels with respect to missile 
defense. 
(b) MATTERS INCLUDED.—The report shall include 
the following: 
(1) An analysis of whether the requirement for 
sea-based missile defense can be accommodated by 
upgrading Aegis ships that exist as of the date of 
the report or by procuring additional combatant sur-
face vessels. 
(2) Whether such sea-based missile defense will 
require increasing the overall number of combatant
•HR 5136 EH1S 
Subtitle D—Air Force Programs 
SEC. 131. PRESERVATION AND STORAGE OF UNIQUE TOOL-
ING FOR F–22 FIGHTER AIRCRAFT. 
Subsection (b) of section 133 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat.2219) is amended by striking ‘‘2010’’ and 
inserting ‘‘2011’’. 
Subtitle E—Joint and Multiservice 
Matters 
SEC. 141. LIMITATION ON PROCUREMENT OF F–35 LIGHT-
NING II AIRCRAFT. 
(a) LIMITATION.—Except as provided in subsection 
(c), of the amounts authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2011 for 
aircraft procurement, Air Force, and aircraft procure-
ment, Navy, for F–35 Lightning II aircraft, not more than 
an amount necessary for the procurement of 30 such air-
craft may be obligated or expended unless— 
(1) the certifications under subsection (b) are 
received by the congressional defense committees on 
or before January 15, 2011; and 
(2) a period of 15 days has elapsed after the 
date of such receipt. 
(b) CERTIFICATIONS.—Not later than January 15, 
2011—
•HR 5136 EH1S 
(1) the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall certify in writ-
ing to the congressional defense committees that— 
(A) each of the 11 scheduled system devel-
opment and demonstration aircraft planned in 
the schedule for delivery during 2010 has been 
delivered to the designated test location; 
(B) the initial service release has been 
granted for the F135 engine designated for the 
short take-off and vertical landing variant; 
(C) facility configuration and industrial 
tooling capability and capacity is sufficient to 
support production of at least 42 F–35 aircraft 
for fiscal year 2011; 
(D) block 1.0 software has been released 
and is in flight test; 
(E) the Secretary of Defense has— 
(i) determined that two F–35 aircraft 
from low-rate initial production 1 have met 
established criteria for acceptance; and 
(ii) accepted such aircraft for delivery; 
and 
(F) advance procurement funds appro-
priated for the advance procurement of F136 
engines for fiscal years 2009 and 2010 have ei-
•HR 5136 EH1S 
ther been obligated or the Secretary of Defense 
has submitted a reprogramming action to the 
congressional defense committees that would re-
program such funds to meet other F136 devel-
opment requirements; and 
(2) the Director of Operational Test and Eval-
uation shall certify in writing to the congressional 
defense committees that— 
(A) the F–35C aircraft designated as CF– 
1 has effectively accomplished its first flight; 
(B) the 394 F–35 aircraft test flights 
planned in the schedule to occur during 2010 
have been completed with sufficient results; 
(C) 95 percent of the 3,772 flight test 
points planned for completion in 2010 were ac-
complished; 
(D) the conventional take-off and land var-
iant low observable signature flight test has 
been conducted and the results of such test 
have met or exceeded threshold key perform-
ance parameters; 
(E) six F136 engines have been made 
available for testing; and
•HR 5136 EH1S 
(F) not less than 1,000 test hours have 
been completed in the F136 system develop-
ment and demonstration program. 
(c) WAIVER.—After January 15, 2011, the Secretary 
of Defense may waive the limitation in subsection (a) if 
each of the following occurs: 
(1) The written certification described in sub-
section (b)(1) is submitted by the Under Secretary 
of Defense for Acquisition, Technology, and Logis-
tics not later than January 15, 2011. 
(2) The Under Secretary of Defense for Acqui-
sition, Technology, and Logistics certifies in writing 
to the congressional defense committees that the 
failure to fully achieve the milestones described in 
subsection (b)(2) will not— 
(A) delay or otherwise negatively affect the 
F–35 aircraft test schedule for fiscal year 2011; 
(B) impede production of 42 F–35 aircraft 
in such fiscal year; and 
(C) otherwise increase risk to the F–35 
aircraft program. 
(3) A period of 30 days has elapsed after the 
date on which the certification under paragraph (2) 
is submitted to the congressional defense commit-
tees.
•HR 5136 EH1S 
(d) SCHEDULE DEFINED.—In this section, the term 
‘‘schedule’’ means the F–35 Lightning II program update 
schedule received by the congressional defense committees 
on March 15, 2010. 
SEC. 142. LIMITATIONS ON BIOMETRIC SYSTEMS FUNDS. 
(a) GENERAL LIMITATION.—Of the funds authorized 
to be appropriated by this Act or otherwise made available 
for fiscal year 2011 for biometrics programs and oper-
ations, not more than 85 percent may be obligated or ex-
pended until— 
(1) the Secretary of Defense submits to the 
congressional defense committees a report on the ac-
tions taken— 
(A) to implement subparagraphs (A) 
through (F) of paragraph (16) of the National 
Security Presidential Directive dated June 5, 
2008 (NSPD–59); 
(B) to implement the recommendations of 
the Comptroller General of the United States 
included in the report of the Comptroller Gen-
eral numbered GAO–08–1065 dated September 
2008; 
(C) to implement the recommendations of 
the Comptroller General included in the report
•HR 5136 EH1S 
of the Comptroller General numbered GAO–09– 
49 dated October 2008; 
(D) to fully and completely characterize 
the current biometrics architecture and estab-
lish the objective architecture for the Depart-
ment of Defense; 
(E) to ensure that an official of the Office 
of the Secretary of Defense has the authority 
necessary to be responsible for ensuring that all 
funding for biometrics programs and operations 
is programmed, budgeted, and executed; and 
(F) to ensure that an officer within the Of-
fice of the Joint Chiefs of Staff has the author-
ity necessary to be responsible for ensuring the 
development and implementation of common 
and interoperable standards for the collection, 
storage, and use of biometrics data by all com-
batant commanders and their commands; and 
(2) a period of 30 days has elapsed after the 
date on which the report is submitted under para-
graph (1). 
(b) SPECIFIC LIMITATION.—None of the funds au-
thorized to be appropriated by this Act or otherwise made 
available for fiscal year 2011 for biometrics programs and 
operations may be obligated or expended unless the Under
•HR 5136 EH1S 
Secretary of Defense for Acquisition, Technology, and Lo-
gistics (acting through the Director of Defense Bio-
metrics) approves such obligation or expenditure in writ-
ing. 
SEC. 143. COUNTER-IMPROVISED EXPLOSIVE DEVICE INI-
TIATIVES DATABASE. 
(a) COMPREHENSIVE DATABASE.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Joint Improvised 
Explosive Device Defeat Organization, shall develop 
and maintain a comprehensive database containing 
appropriate information for coordinating, tracking, 
and archiving each counter-improvised explosive de-
vice initiative within the Department of Defense. 
The database shall, at a minimum, ensure the visi-
bility of each counter-improvised explosive device ini-
tiative. 
(2) USE OF INFORMATION.—Using information 
contained in the database developed under para-
graph (1), the Secretary, acting through the Direc-
tor of the Joint Improvised Explosive Device Defeat 
Organization, shall— 
(A) identify and eliminate redundant 
counter-improvised explosive device initiatives;
•HR 5136 EH1S 
(B) facilitate the transition of counter-im-
provised explosive device initiatives from fund-
ing under the Joint Improvised Explosive De-
vice Defeat Fund to funding provided by the 
military departments; and 
(C) notify the appropriate personnel and 
organizations prior to a counter-improvised ex-
plosive device initiative being funded through 
the Joint Improvised Explosive Device Defeat 
Fund. 
(3) COORDINATION.—In carrying out para-
graph (1), the Secretary shall ensure that the Sec-
retary of each military department coordinates and 
collaborates on development of the database to en-
sure its interoperability, completeness, consistency, 
and effectiveness. 
(b) METRICS.—The Secretary of Defense, acting 
through the Director of the Joint Improvised Explosive 
Device Defeat Organization, shall— 
(1) develop appropriate means to measure the 
effectiveness of counter-improvised explosive device 
initiatives; and 
(2) prioritize the funding of such initiatives ac-
cording to such means.
•HR 5136 EH1S 
(c) ELIMINATION
OF
PRIOR
NOTICE
REQUIRE-
MENT.—Subsection (c) of section 1514 of the John War-
ner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364; 120 Stat. 2439), as amended 
by the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4649), is further amended— 
(1) by striking paragraph (4); and 
(2) by redesignating paragraph (5) as para-
graph (4). 
(d) COUNTER-IMPROVISED EXPLOSIVE DEVICE INI-
TIATIVE DEFINED.—In this section, the term ‘‘counter- 
improvised explosive device initiative’’ means any project, 
program, or research activity funded by any component 
of the Department of Defense that is intended to assist 
or support efforts to counter, combat, or defeat the use 
of improvised explosive devices. 
SEC. 144. STUDY ON LIGHTWEIGHT BODY ARMOR SOLU-
TIONS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall enter into a contract with a federally funded research 
and development center to conduct a study to— 
(1) assess the effectiveness of the processes 
used by the Secretary to identify and examine the
•HR 5136 EH1S 
requirements for lighter weight body armor systems; 
and 
(2) determine ways in which the Secretary may 
more effectively address the research, development, 
and procurement requirements regarding reducing 
the weight of body armor. 
(b) MATTERS
COVERED.—The study conducted 
under subsection (a) shall include findings and rec-
ommendations regarding the following: 
(1) The requirement for lighter weight body 
armor and personal protective equipment and the 
ability of the Secretary to meet such requirement. 
(2) Innovative design ideas for more modular 
body armor that allow for scalable protection levels 
for various missions and threats. 
(3) The need for research, development, and ac-
quisition funding dedicated specifically for reducing 
the weight of body armor. 
(4) The efficiency and effectiveness of current 
body armor funding procedures and processes. 
(5) Industry concerns, capabilities, and willing-
ness to invest in the development and production of 
lightweight body armor initiatives. 
(6) Barriers preventing the development of 
lighter weight body armor (including such barriers
•HR 5136 EH1S 
with respect to technical, institutional, or financial 
problems). 
(7) Changes to procedures or policy with re-
spect to lightweight body armor. 
(8) Other areas of concern not previously ad-
dressed by equipping boards, body armor producers, 
or program managers. 
(c) SUBMISSION TO CONGRESS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense commit-
tees a report on the study conducted under subsection (a). 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for the use of the Department of Defense 
for research, development, test, and evaluation as follows: 
(1) For the Army, $10,316,754,000. 
(2) For the Navy, $17,978,646,000. 
(3) For the Air Force, $27,269,902,000. 
(4) 
For 
Defense-wide 
activities, 
$20,908,006,000, of which $194,910,000 is author-
•HR 5136 EH1S 
ized for the Director of Operational Test and Eval-
uation. 
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions 
SEC. 211. REPORT REQUIREMENTS FOR REPLACEMENT 
PROGRAM OF THE OHIO-CLASS BALLISTIC 
MISSILE SUBMARINE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The sea-based strategic deterrence provided 
by the ballistic missile submarine force of the Navy 
has been essential to the national security of the 
United States since the deployment of the first bal-
listic missile submarine, the USS George Wash-
ington SSBN 598, in 1960. 
(2) Since 1960, a total of 59 submarines have 
served the United States to provide the sea-based 
strategic deterrence. 
(3) As of the date of the enactment of this Act, 
the sea-based strategic deterrence is provided by the 
tremendous capability of the 14 ships of the Ohio- 
class submarine force, which have been the primary 
sea-based deterrent force for more than two decades.
•HR 5136 EH1S 
(4) Ballistic missile submarines are the most 
survivable asset in the arsenal of the United States 
in the event of a surprise nuclear attack on the 
country because, being submerged for months at a 
time, these submarines are virtually undetectable to 
any adversary and therefore invulnerable to attack, 
thus providing the submarines with the ability to re-
spond with significant force against any adversary 
who attacks the United States or its allies. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) as Ohio-class submarines reach the end of 
their service life and are retired, the United States 
must maintain the robust sea-based strategic deter-
rent force that has the ability to remain undetected 
by potential adversaries and must have the capa-
bility to deliver a retaliatory strike of such mag-
nitude that no rational actor would dare attack the 
United States; 
(2) the Secretary of Defense should conduct a 
comprehensive analysis of the alternative capabilities 
to provide the sea-based strategic deterrence that in-
cludes consideration of different types and sizes of 
submarines, different types and sizes of missile sys-
tems, the number of submarines necessary to pro-
•HR 5136 EH1S 
vide such deterrence, and the cost of each alter-
native; and 
(3) 
prior 
to 
requesting 
more 
than 
$1,000,000,000 in research and development fund-
ing to develop a replacement for the Ohio-class bal-
listic missile submarine force in advance of a Mile-
stone A decision, the Secretary of Defense should 
have made available to Congress the guidance issued 
by the Director of Cost Assessment and Perform-
ance Evaluation with respect to the analysis of alter-
native capabilities and the results of such analysis. 
(c) LIMITATION.— 
(1) REPORT.—Of the funds authorized to be 
appropriated by this Act or otherwise made available 
for fiscal year 2011 for research and development 
for the Navy, not more than 50 percent may be obli-
gated or expended to research or develop a sub-
marine as a replacement for the Ohio-class ballistic 
missile submarine force unless— 
(A) the Secretary of Defense submits to 
the congressional defense committees a report 
including— 
(i) guidance issued by the Director of 
Cost Assessment and Performance Evalua-
tion with respect to the analysis of alter-
•HR 5136 EH1S 
native capabilities to provide the sea-based 
strategic deterrence currently provided by 
the Ohio-class ballistic missile submarine 
force and any other guidance relating to 
requirements for such alternatives intended 
to affect the analysis; 
(ii) an analysis of the alternative ca-
pabilities considered by the Secretary to 
continue the sea-based strategic deterrence 
currently provided by the Ohio-class bal-
listic missile submarine force, including— 
(I) the cost estimates for each al-
ternative capability; 
(II) the operational challenges 
and benefits associated with each al-
ternative capability; and 
(III) the time needed to develop 
and deploy each alternative capability; 
and 
(iii) detailed reasoning associated with 
the decision to replace the capability of 
sea-based deterrence provided by the Ohio- 
class ballistic missile submarine force with 
an alternative capability designed to carry 
the Trident II D5 missile; and
•HR 5136 EH1S 
(B) a period of 30 days has elapsed after 
the date on which the report under subpara-
graph (A) is submitted. 
(2) FORM.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may 
include a classified annex. 
SEC. 212. LIMITATION ON OBLIGATION OF FUNDS FOR F–35 
LIGHTNING II AIRCRAFT PROGRAM. 
Of the amounts authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2011 for 
research, development, test, and evaluation for the F–35 
Lightning II aircraft program, not more than 75 percent 
may be obligated until the date that is 15 days after the 
date on which the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics submits to the congres-
sional defense committees certification in writing that all 
funds made available for fiscal year 2011 for the contin-
ued development and procurement of a competitive propul-
sion system for the F–35 Lightning II aircraft have been 
obligated.
•HR 5136 EH1S 
SEC. 213. INCLUSION IN ANNUAL BUDGET REQUEST AND 
FUTURE-YEARS DEFENSE PROGRAM OF SUF-
FICIENT AMOUNTS FOR CONTINUED DEVEL-
OPMENT AND PROCUREMENT OF COMPETI-
TIVE PROPULSION SYSTEM FOR F–35 LIGHT-
NING II AIRCRAFT. 
(a) ANNUAL BUDGET.—Chapter 9 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 236. Budgeting for competitive propulsion system 
for F–35 Lightning II aircraft 
‘‘(a) ANNUAL BUDGET.—Effective for the budget for 
fiscal year 2012 and each fiscal year thereafter, the Sec-
retary of Defense shall include in the defense budget mate-
rials a request for such amounts as are necessary for the 
full funding of the continued development and procure-
ment of a competitive propulsion system for the F–35 
Lightning II aircraft. 
‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 
future-years defense program submitted to Congress 
under section 221 of this title, the Secretary of Defense 
shall ensure that the estimated expenditures and proposed 
appropriations for the F–35 Lightning II aircraft, for each 
fiscal year of the period covered by that program, include 
sufficient amounts for the full funding of the continued
•HR 5136 EH1S 
development and procurement of a competitive propulsion 
system for the F–35 Lightning II aircraft. 
‘‘(c) REQUIREMENT
TO OBLIGATE
AND EXPEND 
FUNDS.—Of the amounts authorized to be appropriated 
for fiscal year 2011 or any fiscal year thereafter, for re-
search, development, test, and evaluation and procurement 
for the F–35 Lightning II aircraft program, the Secretary 
of Defense shall ensure the obligation and expenditure in 
each such fiscal year of sufficient annual amounts for the 
continued development and procurement of two options for 
the propulsion system for the F–35 Lightning II aircraft 
in order to ensure the development and competitive pro-
duction for the propulsion system for such aircraft. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal 
year, means the budget for that fiscal year that is 
submitted to Congress by the President under sec-
tion 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with 
respect to a fiscal year, means the materials sub-
mitted to Congress by the Secretary of Defense in 
support of the budget for that fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by at the 
end the following new item:
•HR 5136 EH1S 
‘‘236. Budgeting for competitive propulsion system for F–35 Lightning II air-
craft.’’. 
(c) CONFORMING REPEAL.—Section 213 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181) is repealed. 
SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR 
RESEARCH AND DEVELOPMENT OF JOINT 
LIGHT TACTICAL VEHICLE. 
In the budget materials submitted to the President 
by the Secretary of Defense in connection with the submis-
sion to Congress, pursuant to section 1105 of title 31, 
United States Code, of the budget for fiscal year 2012, 
and each subsequent fiscal year, the Secretary shall ensure 
that within each research, development, test, and evalua-
tion account of the Army and the Navy a separate, dedi-
cated program element is assigned to the Joint Light Tac-
tical Vehicle. 
Subtitle C—Missile Defense 
Programs 
SEC. 221. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MISSILE DEFENSES IN EUROPE. 
(a) LIMITATION ON CONSTRUCTION AND DEPLOY-
MENT OF SYSTEMS.—No funds authorized to be appro-
priated by this Act or otherwise made available for the 
Department of Defense for fiscal year 2011 or any fiscal 
year thereafter may be obligated or expended for site acti-
•HR 5136 EH1S 
vation, construction, preparation of equipment for, or de-
ployment of a medium-range or long-range missile defense 
system in Europe until— 
(1) any nation agreeing to host such system has 
signed and ratified a missile defense basing agree-
ment and a status of forces agreement; and 
(2) a period of 45 days has elapsed following 
the date on which the Secretary of Defense submits 
to the congressional defense committees the report 
on the independent assessment of alternative missile 
defense systems in Europe required by section 
235(c)(2) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2235). 
(b) LIMITATION ON PROCUREMENT OR DEPLOYMENT 
OF INTERCEPTORS.—No funds authorized to be appro-
priated by this Act or otherwise made available for the 
Department of Defense for fiscal year 2011 or any fiscal 
year thereafter may be obligated or expended for the pro-
curement (other than initial long-lead procurement) or de-
ployment of operational missiles of a medium-range or 
long-range missile defense system in Europe until the Sec-
retary of Defense, after receiving the views of the Director 
of Operational Test and Evaluation, submits to the con-
gressional defense committees a report certifying that the
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proposed interceptor to be deployed as part of such missile 
defense system has demonstrated, through successful, 
operationally realistic flight testing, a high probability of 
working in an operationally effective manner and that 
such missile defense system has the ability to accomplish 
the mission. 
(c) CONFORMING REPEAL.—Section 234 of the Na-
tional Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–81; 123 Stat. 2234) is repealed. 
SEC. 222. REPEAL OF PROHIBITION OF CERTAIN CON-
TRACTS BY MISSILE DEFENSE AGENCY WITH 
FOREIGN ENTITIES. 
Section 222 of the National Defense Authorization 
Act for Fiscal Years 1988 and 1989 (Public Law 100– 
180; 101 Stat. 1055; 10 U.S.C. 2431 note) is repealed. 
SEC. 223. PHASED, ADAPTIVE APPROACH TO MISSILE DE-
FENSE IN EUROPE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the new phased, adaptive approach to mis-
sile defense in Europe, announced by the President 
on September 17, 2009, should be supported by 
sound analysis, program plans, schedules, and tech-
nologies that are credible;
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(2) the cost, performance, and risk of such ap-
proach to missile defense should be well understood; 
and 
(3) Congress should have access to information 
regarding the analyses, plans, schedules, tech-
nologies, cost, performance, and risk of such ap-
proach to missile defense in order to conduct effec-
tive oversight. 
(b) REPORT REQUIRED.— 
(1) REPORT.—The Secretary of Defense shall 
submit to the congressional defense committees a re-
port on the phased, adaptive approach to missile de-
fense in Europe. 
(2) MATTERS
INCLUDED.—The report under 
paragraph (1) shall include the following: 
(A) A discussion of the analyses conducted 
by the Secretary of Defense preceding the an-
nouncement of the phased, adaptive Approach 
to missile defense in Europe on September 17, 
2009, including— 
(i) a description of any alternatives 
considered; 
(ii) the criteria used to analyze each 
such alternative; and
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(iii) the result of each analysis, in-
cluding a description of the criteria used to 
judge each alternative. 
(B) A discussion of any independent as-
sessments or reviews of alternative approaches 
to missile defense in Europe considered by the 
Secretary in support of the announcement of 
the phased, adaptive approach to missile de-
fense in Europe on September 17, 2009. 
(C) A description of the architecture for 
each of the four phases of the phased, adaptive 
approach to missile defense in Europe, includ-
ing— 
(i) the composition, basing locations, 
and quantities of ballistic missile defense 
assets, including ships, batteries, intercep-
tors, radars and other sensors, and com-
mand and control nodes; 
(ii) program schedules and site-spe-
cific schedules with task activities, test 
plans, and knowledge and decision points; 
(iii) technology maturity levels of mis-
sile defense assets and plans for retiring 
technical risks;
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(iv) planned performance of missile 
defense assets and defended area coverage, 
including sensitivity analysis to various 
basing scenarios and varying threat capa-
bilities (including simple and complex 
threats, liquid and solid-fueled ballistic 
missiles, and varying raid sizes); 
(v) operational concepts and how such 
operational concepts effect force structure 
and inventory requirements; 
(vi) total cost estimates and funding 
profiles, by year, for acquisition, fielding, 
and operations and support; and 
(vii) acquisition strategies. 
(3) GAO.—The Comptroller General of the 
United States shall submit to the congressional de-
fense committees a report assessing the report under 
paragraph (1) pursuant to section 232(g) of the Na-
tional Defense Authorization Act for Fiscal Year 
2002 (Public Law 107–107; 10 U.S.C. 2431 note). 
(c) LIMITATION ON FUNDS.—Of the amounts author-
ized to be appropriated by section 301(5) for operation 
and maintenance, Defense-wide, for the Office of the Sec-
retary of Defense, not more than 95 percent of such 
amounts may be obligated or expended until the date on
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which the report required under subsection (b)(1) is sub-
mitted to the congressional defense committees. 
SEC. 224. HOMELAND DEFENSE HEDGING POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) As noted by the Director of National Intel-
ligence, testifying before the Senate Select Com-
mittee on Intelligence on February 2, 2010, ‘‘the 
Iranian regime continues to flout UN Security 
Council restrictions on its nuclear program. . .we 
judge Iran would likely choose missile delivery as its 
preferred method of delivering a nuclear weapon. 
Iran already has the largest inventory of ballistic 
missiles in the Middle East and it continues to ex-
pand the scale, reach, and sophistication of its bal-
listic missile forces—many of which are inherently 
capable of carrying a nuclear payload.’’. 
(2) The Unclassified Report on Military Power 
of Iran, dated April 2010, states that, ‘‘with suffi-
cient foreign assistance, Iran could probably develop 
and test an intercontinental ballistic missile (ICBM) 
capable of reaching the United States by 2015. Iran 
could also have an intermediate-range ballistic mis-
sile (IRBM) capable of threatening Europe.’’. 
(3) Under phase 3 of the phased, adaptive ap-
proach for missile defense in Europe (scheduled for
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2018), the United States plans to deploy the stand-
ard missile–3 block IIA interceptor at sea- and land- 
based sites in addition to existing missile defense 
systems to provide coverage for all NATO allies in 
Europe against medium- and intermediate-range bal-
listic missiles. 
(4) Under phase 4 of the phased, adaptive ap-
proach for missile defense in Europe (scheduled for 
2020), the United States plans to deploy the stand-
ard missile–3 block IIB interceptor to provide addi-
tional coverage of the United States against a poten-
tial intercontinental ballistic missile launched from 
the Middle East in the 2020 time frame. 
(5) According to the February 2010 Ballistic 
Missile Defense Review, the United States will con-
tinue the development and assessment of a two-stage 
ground-based interceptor as part of a hedging strat-
egy and, as further noted by the Under Secretary of 
Defense for Policy during testimony before the Com-
mittee on Armed Services of the House of Rep-
resentatives on October 1, 2009, ‘‘we keep the devel-
opment of the two-stage [ground-based interceptor] 
on the books as a hedge in case things come earlier, 
in case there’s any kind of technological challenge 
with the later models of the [standard missile–3].’’.
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(b) POLICY.—It shall be the policy of the United 
States to— 
(1) field missile defense systems in Europe 
that— 
(A) provide protection against medium- 
and intermediate-range ballistic missile threats 
consistent with NATO policy and the phased, 
adapted approach for missile defense announced 
on September 17, 2009; and 
(B) have been confirmed to perform the 
assigned mission after successful, operationally 
realistic testing; 
(2) field missile defenses to protect the territory 
of the United States pursuant to the National Mis-
sile Defense Act of 1999 (Public Law 106–38; 10 
U.S.C. 2431 note) and to test those systems in an 
operationally realistic manner; 
(3) ensure that the standard missile–3 block 
IIA interceptor planned for phase 3 of the phased, 
adaptive approach for missile defense is capable of 
addressing 
intermediate-range 
ballistic 
missiles 
launched from the Middle East and the standard 
missile–3 block IIB interceptor planned for phase 4 
of such approach is capable of addressing interconti-
•HR 5136 EH1S 
nental ballistic missiles launched from the Middle 
East; and 
(4) continue the development and testing of the 
two-stage ground-based interceptor to maintain it— 
(A) as a means of protection in the event 
that— 
(i) the intermediate-range ballistic 
missile threat to NATO allies in Europe 
materializes before the availability of the 
standard missile–3 block IIA interceptor; 
(ii) the intercontinental ballistic mis-
sile threat to the United States that can-
not be countered with the existing ground- 
based missile defense system materializes 
before the availability of the standard mis-
sile–3 block IIB interceptor; or 
(iii) technical challenges or schedule 
delays affect the standard missile–3 block 
IIA interceptor or the standard missile–3 
block IIB interceptor; and 
(B) as a complement to the missile defense 
capabilities deployed in Alaska and California 
for the defense of the United States.
•HR 5136 EH1S 
SEC. 225. INDEPENDENT ASSESSMENT OF THE PLAN FOR 
DEFENSE OF THE HOMELAND AGAINST THE 
THREAT OF BALLISTIC MISSILES. 
(a) FINDING.—Congress finds that section 2 of the 
National Missile Defense Act of 1999 (Public Law 106– 
38; 10 U.S.C. 2431 note) states that it is the policy of 
the United States to deploy as soon as is technologically 
possible an effective National Missile Defense system ca-
pable of defending the territory of the United States 
against limited ballistic missile attack (whether accidental, 
unauthorized, or deliberate) with funding subject to the 
annual authorization of appropriations and the annual ap-
propriation of funds for National Missile Defense. 
(b) ASSESSMENT.—The Secretary of Defense shall 
contract with an independent entity to conduct an assess-
ment of the plans of the Secretary for defending the terri-
tory of the United States against the threat of attack by 
ballistic missiles, including electromagnetic pulse attacks, 
as such plans are described in the Ballistic Missile Defense 
Review submitted to Congress on February 1, 2010, and 
the report submitted to Congress under section 232 of the 
National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2232). 
(c) ELEMENTS.—The assessment required by sub-
section (b) shall include an assessment of the following:
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(1) The ballistic missile threat, including elec-
tromagnetic pulse attacks, against which the home-
land defense elements are intended to defend, includ-
ing mobile or fixed threats that might arise from 
non-state actors and accidental or unauthorized 
launches. 
(2) The military requirements for defending the 
territory of the United States against such missile 
threats. 
(3) The capabilities of the missile defense ele-
ments available to defend the territory of the United 
States as of the date of the assessment. 
(4) The planned capabilities of the homeland 
defense elements, if different from the capabilities 
under paragraph (3). 
(5) The force structure and inventory levels 
necessary to achieve the planned capabilities of the 
elements described in paragraphs (3) and (4). 
(6) The infrastructure necessary to achieve 
such capabilities, including the number and location 
of operational silos. 
(7) The number of interceptor missiles nec-
essary for operational assets, test assets (including 
developmental and operational test assets and aging 
and surveillance test assets), and spare missiles.
•HR 5136 EH1S 
(d) REPORT.— 
(1) IN GENERAL.—At or about the same time 
the budget of the President for fiscal year 2012 is 
submitted to Congress pursuant to section 1105 of 
title 31, United States Code, the Secretary shall 
submit to the congressional defense committees a re-
port setting forth the results of the assessment re-
quired by subsection (b). 
(2) FORM.—The report shall be in unclassified 
form, but may include a classified annex. 
SEC. 226. STUDY ON BALLISTIC MISSILE DEFENSE CAPA-
BILITIES OF THE UNITED STATES. 
(a) STUDY.—The Secretary of Defense, in coordina-
tion with the Chairman of the Joint Chiefs of Staff, shall 
conduct a joint capabilities mix study on the ballistic mis-
sile defense capabilities of the United States. 
(b) ELEMENTS.—The study under paragraph (1) 
shall include, at a minimum, the following: 
(1) An assessment of the missile defense capa-
bility, force structure, and inventory sufficiency re-
quirements of the combatant commanders based on 
the threat assessments and operational plans for 
each combatant command. 
(2) A discussion of the infrastructure necessary 
to achieve the ballistic missile defense capabilities,
•HR 5136 EH1S 
force structure, and inventory assessed under para-
graph (1). 
(3) An analysis of mobile and fixed missile de-
fense assets. 
(c) REPORT.— 
(1) IN GENERAL.—At or about the same time 
the budget of the President for fiscal year 2012 is 
submitted to Congress pursuant to section 1105 of 
title 31, United States Code, the Secretary shall 
submit to the congressional defense committees a re-
port setting forth the results of the study under sub-
section (a). 
(2) FORM.—The report shall be in unclassified 
form, but may include a classified annex. 
SEC. 227. REPORTS ON STANDARD MISSILE SYSTEM. 
(a) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act, and each 180-day period 
thereafter, the Secretary of Defense shall submit to the 
congressional defense committees a report on the standard 
missile system, particularly with respect to standard mis-
sile–3 block IIA and standard missile–3 block IIB. 
(b) MATTERS INCLUDED.—The reports under sub-
section (a) shall include the following: 
(1) A detailed discussion of the modernization, 
capabilities, and limitations of the standard missile.
•HR 5136 EH1S 
(2) A review of the standard missile’s compari-
son capability against all expected threats. 
(3) A report on the progress of complimentary 
systems, including, at a minimum, radar systems, 
delivery systems, and recapitalization of supporting 
software and hardware. 
(4) Any industrial capacities that must be 
maintained to ensure adequate manufacturing of 
standard missile technology and production ratio. 
Subtitle D—Reports 
SEC. 231. REPORT ON ANALYSIS OF ALTERNATIVES AND 
PROGRAM 
REQUIREMENTS 
FOR 
THE 
GROUND COMBAT VEHICLE PROGRAM. 
(a) REPORT REQUIRED.—Not later than January 15, 
2011, the Secretary of the Army shall provide to the con-
gressional defense committees a report on the Ground 
Combat Vehicle program of the Army. Such report shall 
include— 
(1) the results of the analysis of alternatives 
conducted prior to milestone A, including any tech-
nical data; and 
(2) an explanation of any plans to adjust the 
requirements of the Ground Combat Vehicle pro-
gram during the technology development phase of 
such program.
•HR 5136 EH1S 
(b) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(c) LIMITATION ON OBLIGATION OF FUNDS.—Of the 
funds authorized to be appropriated by this or any other 
Act for fiscal year 2011 for research, development, test, 
and evaluation, Army, for development of the Ground 
Combat Vehicle, not more than 50 percent may be obli-
gated or expended until the date that is 30 days after the 
date on which the report is submitted under subsection 
(a). 
SEC. 232. COST BENEFIT ANALYSIS OF FUTURE TANK- 
FIRED MUNITIONS. 
(a) COST BENEFIT ANALYSIS REQUIRED.— 
(1) IN GENERAL.—The Secretary of the Army 
shall conduct a cost benefit analysis of future muni-
tions to be fired from the M1 Abrams series main 
battle tank to determine the proper investment to be 
made in tank munitions, including beyond line of 
sight technology. 
(2) ELEMENTS.—The cost benefit analysis 
under paragraph (1) shall include— 
(A) the predicted operational performance 
of future tank-fired munitions, including those 
incorporating beyond line of sight technology,
•HR 5136 EH1S 
based on the relevant modeling and simulation 
of future combat scenarios of the Army, includ-
ing a detailed analysis on the suitability of each 
munition to address the full spectrum of targets 
across the entire range of the tank (including 
close range, mid-range, long-range, and beyond 
line of sight); 
(B) a detailed assessment of the projected 
costs to develop and field each tank-fired muni-
tion included in the analysis, including those in-
corporating beyond line of sight technology; and 
(C) a comparative analysis of each tank- 
fired munition included in the analysis, includ-
ing suitability to address known capability gaps 
and overmatch against known and projected 
threats. 
(3) MUNITIONS INCLUDED.—In conducting the 
cost benefit analysis under paragraph (1), the Sec-
retary shall include, at a minimum, the Mid-Range 
Munition, the Advanced Kinetic Energy round, and 
the Advanced Multipurpose Program. 
(b) REPORT.—Not later than March 15, 2011, the 
Secretary shall submit to the congressional defense com-
mittees the cost benefit analysis under subsection (a).
•HR 5136 EH1S 
SEC. 233. ANNUAL COMPTROLLER GENERAL REPORT ON 
THE VH–(XX) PRESIDENTIAL HELICOPTER AC-
QUISITION PROGRAM. 
(a) ANNUAL GAO REVIEW.—During the period be-
ginning on the date of the enactment of this Act and end-
ing on March 1, 2018, the Comptroller General of the 
United States shall conduct an annual review of the VH– 
(XX) aircraft acquisition program. 
(b) ANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than March 1 of 
each year beginning in 2011 and ending in 2018, 
the Comptroller General shall submit to the congres-
sional defense committees a report on the review of 
the VH–(XX) aircraft acquisition program con-
ducted under subsection (a). 
(2) MATTERS TO BE INCLUDED.—Each report 
on the review of the VH–(XX) aircraft acquisition 
program shall include the following: 
(A) The extent to which the program is 
meeting development and procurement cost, 
schedule, performance, and risk mitigation 
goals. 
(B) With respect to meeting the desired 
initial operational capability and full operational 
capability dates for the VH–(XX) aircraft, the 
progress and results of—
•HR 5136 EH1S 
(i) developmental and operational test-
ing of the aircraft; and 
(ii) plans for correcting deficiencies in 
aircraft performance, operational effective-
ness, reliability, suitability, and safety. 
(C) An assessment of VH–(XX) aircraft 
procurement plans, production results, and ef-
forts to improve manufacturing efficiency and 
supplier performance. 
(D) An assessment of the acquisition strat-
egy of the VH–(XX) aircraft, including whether 
such strategy is in compliance with acquisition 
management best-practices and the acquisition 
policy and regulations of the Department of De-
fense. 
(E) A risk assessment of the integrated 
master schedule and the test and evaluation 
master plan of the VH–(XX) aircraft as it re-
lates to— 
(i) the probability of success; 
(ii) the funding required for such air-
craft compared with the funding pro-
grammed; and 
(iii) development and production con-
currency.
•HR 5136 EH1S 
(3) ADDITIONAL INFORMATION.—In submitting 
to the congressional defense committees the first re-
port under paragraph (1) and a report following any 
changes made by the Secretary of the Navy to the 
baseline documentation of the VH–(XX) aircraft ac-
quisition program, the Comptroller General shall in-
clude, with respect to such program, an assessment 
of the sufficiency and objectivity of— 
(A) the analysis of alternatives; 
(B) the initial capabilities document; 
(C) the capabilities development document; 
and 
(D) the systems requirement document. 
SEC. 234. JOINT ASSESSMENT OF THE JOINT EFFECTS TAR-
GETING SYSTEM. 
(a) REVIEW.—Not later than March 1, 2011, the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall form a joint assessment team to review 
the joint effects targeting system. 
(b) REPORT.—Not later than 30 days after the date 
on which the review under subsection (a) is completed, the 
Under Secretary shall submit to the congressional defense 
committees a report on the review.
•HR 5136 EH1S 
Subtitle E—Other Matters 
SEC. 241. ESCALATION OF FORCE CAPABILITIES. 
(a) NON-LETHAL DEMONSTRATION PROGRAM.—The 
Secretary of Defense, acting through the Director of Oper-
ational Test and Evaluation and in consultation with the 
Executive Agent for Non-lethal Weapons, shall carry out 
a program to operationally test and evaluate non-lethal 
weapons that provide counter-personnel escalation of force 
options to members of the Armed Forces deploying in sup-
port of a contingency operation. 
(b) TECHNOLOGY TESTED.—Technologies evaluated 
under subsection (a) shall include crowd control, area de-
nial, space clearing, and personnel incapacitation tools. 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to the congressional defense committees a re-
port that— 
(1) evaluates operational and situational suit-
ability for each non-lethal weapon tested; 
(2) defines the tactics, techniques, and proce-
dures approved for deployment of each non-lethal 
weapon by service; 
(3) identifies deployment schemes for each type 
of non-lethal weapon by service; and
•HR 5136 EH1S 
(4) details, by service, the number of units re-
ceiving pre-deployment training on each non-lethal 
weapon and the total number of units trained. 
(d) PROCUREMENT LINE ITEM.—In the budget mate-
rials submitted to the President by the Secretary of De-
fense in connection with submission to Congress, pursuant 
to section 1105 of title 31, United States Code, of the 
budget for fiscal year 2012, and each subsequent fiscal 
year, the Secretary shall ensure that within each military 
department procurement account, a separate, dedicated 
procurement line item is designated for non-lethal weap-
ons. 
SEC. 242. PILOT PROGRAM TO INCLUDE TECHNOLOGY PRO-
TECTION FEATURES DURING RESEARCH AND 
DEVELOPMENT OF DEFENSE SYSTEMS. 
(a) PILOT PROGRAM.—The Secretary of Defense 
shall carry out a pilot program to develop and incorporate 
technology protection features in a designated system dur-
ing the research and development phase of such system. 
(b) FUNDING.—Of the amounts authorized to be ap-
propriated by this Act for research, development, test, and 
evaluation, Defense-wide, not more than $5,000,000 may 
be available to carry out this section. 
(c) ANNUAL REPORTS.—Not later than December 31 
of each year in which the Secretary carries out the pilot
•HR 5136 EH1S 
program, the Secretary shall submit to the congressional 
defense committees a report on the pilot program estab-
lished under this section, including a list of each des-
ignated system included in the program. 
(d) TERMINATION.—The pilot program established 
under this section shall terminate on October 1, 2015. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘designated system’’ means any 
system (including a major system, as defined in sec-
tion 2302(5) of title 10, United States Code) that 
the Under Secretary of Defense for Acquisition, 
Technology, and Logistics designates as being in-
cluded in the pilot program established under this 
section. 
(2) The term ‘‘technology protection features’’ 
means the technical modifications necessary to pro-
tect critical program information, including anti- 
tamper technologies and other systems engineering 
activities intended to prevent or delay exploitation of 
critical technologies in a designated system. 
SEC. 243. PILOT PROGRAM ON COLLABORATIVE ENERGY 
SECURITY. 
(a) PILOT PROGRAM.—The Secretary of Defense, in 
coordination with the Secretary of Energy, shall carry out 
a collaborative energy security pilot program involving one
•HR 5136 EH1S 
or more partnerships between one military installation and 
one national laboratory, for the purpose of evaluating and 
validating secure, salable microgrid components and sys-
tems for deployment. 
(b) SELECTION OF MILITARY INSTALLATION AND 
NATIONAL LABORATORY.—The Secretary of Defense and 
the Secretary of Energy shall jointly select a military in-
stallation and a national laboratory for the purpose of car-
rying out the pilot program under this section. In making 
such selections, the Secretaries shall consider each of the 
following: 
(1) A commitment to participate made by a 
military installation being considered for selection. 
(2) The findings and recommendations of rel-
evant energy security assessments of military instal-
lations being considered for selection. 
(3) The availability of renewable energy sources 
at a military installation being considered for selec-
tion. 
(4) Potential synergies between the expertise 
and capabilities of a national laboratory being con-
sidered for selection and the infrastructure, inter-
ests, or other energy security needs of a military in-
stallation being considered for selection.
•HR 5136 EH1S 
(5) The effects of any utility tariffs, surcharges, 
or other considerations on the feasibility of enabling 
any excess electricity generated on a military instal-
lation being considered for selection to be sold or 
otherwise made available to the local community 
near the installation. 
(c) PROGRAM ELEMENTS.—The pilot program shall 
be carried out as follows: 
(1) Under the pilot program, the Secretaries 
shall evaluate and validate the performance of new 
energy technologies that may be incorporated into 
operating environments. 
(2) The pilot program shall involve collabora-
tion with the Office of Electricity Delivery and En-
ergy Reliability of the Department of Energy and 
other offices and agencies within the Department of 
Energy, as appropriate, and the Environmental Se-
curity Technical Certification Program of the De-
partment of Defense. 
(3) Under the pilot program, the Secretary of 
Defense shall investigate opportunities for any ex-
cess electricity created for the military installation to 
be sold or otherwise made available to the local com-
munity near the installation.
•HR 5136 EH1S 
(4) The Secretary of Defense shall use the re-
sults of the pilot program as the basis for informing 
key performance parameters and validating energy 
components and designs that could be implemented 
in various military installations across the country 
and at forward operating bases. 
(5) The pilot program shall support the effort 
of the Secretary of Defense to use the military as a 
test bed to demonstrate innovative energy tech-
nologies. 
(d) IMPLEMENTATION
AND DURATION.—The Sec-
retary of Defense shall begin the pilot program under this 
section by not later than July 1, 2011. Such pilot program 
shall be not less than three years in duration. 
(e) REPORTS.— 
(1) INITIAL REPORT.—Not later than October 
1, 2011, the Secretary of Defense shall submit to 
the appropriate congressional committees an initial 
report that provides an update on the implementa-
tion of the pilot program under this section, includ-
ing an identification of the selected military installa-
tion and national laboratory partner and a descrip-
tion of technologies under evaluation. 
(2) FINAL REPORT.—Not later than 90 days 
after completion of the pilot program under this sec-
•HR 5136 EH1S 
tion, the Secretary shall submit to the appropriate 
congressional committees a report on the pilot pro-
gram, including any findings and recommendations 
of the Secretary. 
(f) FUNDING.— 
(1) DEPARTMENT OF DEFENSE.—Of the funds 
authorized to be appropriated by section 201 for fis-
cal year 2011 for research, development, test, and 
evaluation, Defense-wide, $5,000,000 is available to 
carry out this section. 
(2) DEPARTMENT
OF
ENERGY.—Upon deter-
mination by the Secretary of Energy that the pro-
gram under this section is relevant and consistent 
with the mission of the Department of Energy to 
lead the modernization of the electric grid, enhance 
the security and reliability of the energy infrastruc-
ture, and facilitate recovery from disruptions to en-
ergy supply, the Secretary may transfer funds made 
available for the Office of Electricity Delivery and 
Energy Reliability of the Department of Energy in 
order to carry out this section. 
(g) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means—
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(A) the Committee on Armed Services, the 
Committee on Energy and Commerce, and the 
Committee on Science and Technology of the 
House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Energy and Natural Resources, 
and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) The term ‘‘microgrid’’ means an integrated 
energy system consisting of interconnected loads and 
distributed energy resources (including generators, 
energy storage devices, and smart controls) that can 
operate with the utility grid or in an intentional 
islanding mode. 
(3) The term ‘‘national laboratory’’ means— 
(A) a national laboratory (as defined in 
section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801)); or 
(B) a national security laboratory (as de-
fined in section 3281 of the National Nuclear 
Security Administration Act (50 U.S.C. 2471)). 
SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY 
CLUSTERS. 
(a) REPORT.—Not later than March 1, 2011, the 
Secretary of Defense shall submit to the appropriate con-
•HR 5136 EH1S 
gressional committees a report on regional advanced tech-
nology clusters. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include the following: 
(1) An analysis of regional advanced technology 
clusters throughout the United States, including— 
(A) an estimate of the amount of public 
and private funding activities within each clus-
ter; 
(B) an assessment of the technical com-
petencies of each of these regional advanced 
technology clusters; 
(C) a comparison of the technical com-
petencies of each regional advanced technology 
clusters with the technology needs of the De-
partment of Defense; and 
(D) a review of current Department of De-
fense interaction, cooperation, or investment in 
regional advanced technology clusters. 
(2) A strategic plan for encouraging the devel-
opment of innovative, advanced technologies, such as 
robotics and autonomous systems, to address na-
tional security, homeland security, and first re-
sponder challenges by—
•HR 5136 EH1S 
(A) enhancing regional advanced tech-
nology clusters that support the technology 
needs of the Department of Defense; and 
(B) identifying and assisting the expansion 
of additional new regional advanced technology 
clusters to foster research and development into 
emerging, disruptive technologies identified 
through strategic planning documents of the 
Department of Defense. 
(3) An identification of the resources needed to 
establish, sustain, or grow regional advanced tech-
nology clusters. 
(4) An identification of mechanisms for collabo-
rating and cost sharing with other state, local, and 
Federal agencies with respect to regional advanced 
technology clusters, including any legal impediments 
that may inhibit collaboration or cost sharing. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The Committees on Armed Services, 
Appropriations, and Small Business of the 
House of Representatives.
•HR 5136 EH1S 
(B) The Committees on Armed Services, 
Appropriations, and Small Business and Entre-
preneurship of the Senate. 
(2) The term ‘‘regional advanced technology 
cluster’’ means geographic centers focused on build-
ing science and technology-based innovation capacity 
in areas of local and regional strength to foster eco-
nomic growth and improve quality of life. 
SEC. 245. SENSE OF CONGRESS AFFIRMING THE IMPOR-
TANCE OF DEPARTMENT OF DEFENSE PAR-
TICIPATION IN DEVELOPMENT OF NEXT GEN-
ERATION SEMICONDUCTOR TECHNOLOGIES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The next generation of weapons systems, 
battlefield sensors, and intelligence platforms will 
need to be lighter, more agile, consume less power, 
and have greater computational power, which can 
only be achieved by decreasing the feature size of in-
tegrated circuits to the nanometer scale. 
(2) There is a growing concern in the Depart-
ment of Defense and the United States intelligence 
community over the offshore shift in development 
and production of high capacity semiconductors. Re-
liance on providers of semiconductors in the United
•HR 5136 EH1S 
States high tech industry will mitigate the security 
risks of such an offshore shift. 
(3) The use of extreme-ultraviolet lithography 
(EUVL) is recognized in the semiconductor industry 
as critical to the development of the next generation 
of integrated circuits. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States should establish research 
and development facilities to take the lead in pro-
ducing the next generation of integrated circuits; 
(2) the Department of Defense should support 
the establishment of a public-private partnership of 
defense laboratory scientists and engineers, univer-
sity researchers, integrated circuit designers and 
fabricators, tool manufacturers, material and chem-
ical suppliers, and metrology and inspection tool fab-
ricators to develop extreme-ultraviolet lithography 
(EUVL) technologies on 300 micrometer and 450 
micrometer wafers; and 
(3) the targeted feature size of integrated cir-
cuits for EUVL development in the United States 
should be the 15 nanometer node.
•HR 5136 EH1S 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 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, in amounts as follows: 
(1) For the Army, $34,232,221,000. 
(2) For the Navy, $37,976,443,000. 
(3) For the Marine Corps, $5,568,340,000. 
(4) For the Air Force, $36,684,588,000. 
(5) 
For 
Defense-wide 
activities, 
$30,200,596,000. 
(6) For the Army Reserve, $2,942,077,000. 
(7) For the Naval Reserve, $1,374,764,000. 
(8) 
For 
the 
Marine 
Corps 
Reserve, 
$287,234,000. 
(9) For the Air Force Reserve, $3,311,827,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$6,628,525,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$5,980,139,000.
•HR 5136 EH1S 
(12) For the United States Court of Appeals 
for the Armed Forces, $14,068,000. 
(13) For the Acquisition Development Work-
force Fund, $229,561,000. 
(14) For Environmental Restoration, Army, 
$444,581,000. 
(15) For Environmental Restoration, Navy, 
$304,867,000. 
(16) For Environmental Restoration, Air Force, 
$502,653,000. 
(17) For Environmental Restoration, Defense- 
wide, $10,744,000. 
(18) For Environmental Restoration, Formerly 
Used Defense Sites, $296,546,000. 
(19) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $108,032,000. 
(20) For Cooperative Threat Reduction pro-
grams, $522,512,000. 
Subtitle B—Energy and 
Environmental Provisions 
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION WITH THE TWIN CITIES ARMY AM-
MUNITION PLANT, MINNESOTA. 
(a) AUTHORITY TO REIMBURSE.—
•HR 5136 EH1S 
(1) TRANSFER
AMOUNT.—Using funds de-
scribed in subsection (b) and notwithstanding sec-
tion 2215 of title 10, United States Code, the Sec-
retary of Defense may transfer to the Hazardous 
Substance Superfund not more than $5,611,670.67 
for fiscal year 2011. 
(2) PURPOSE
OF
REIMBURSEMENT.—A pay-
ment made under paragraph (1) is to reimburse the 
Environmental Protection Agency for all costs the 
Agency has incurred through fiscal year 2011 relat-
ing to the response actions performed by the De-
partment of Defense under the Defense Environ-
mental Restoration Program at the Twin Cities 
Army Ammunition Plant, Minnesota. 
(3) INTERAGENCY
AGREEMENT.—The reim-
bursement described in paragraph (2) is provided for 
in an interagency agreement entered into by the De-
partment of the Army and the Environmental Pro-
tection Agency for the Twin Cities Army Ammuni-
tion Plant that took effect in December 1987. 
(b) SOURCE
OF FUNDS.—A payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated for fiscal year 2011 to the Department of De-
fense for operation and maintenance for Environmental 
Restoration, Army.
•HR 5136 EH1S 
(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amounts transferred under sub-
section (a) to pay costs incurred by the Agency at the 
Twin Cities Army Ammunition Plant. 
SEC. 312. PAYMENT TO ENVIRONMENTAL PROTECTION 
AGENCY OF STIPULATED PENALTIES IN CON-
NECTION WITH NAVAL AIR STATION, BRUNS-
WICK, MAINE. 
(a) AUTHORITY
TO
TRANSFER
FUNDS.—From 
amounts authorized to be appropriated for fiscal year 
2011 for the Department of Defense Base Closure Ac-
count 2005, and notwithstanding section 2215 of title 10, 
United States Code, the Secretary of Defense may trans-
fer an amount of not more than $153,000 to the Haz-
ardous Substance Superfund established under subchapter 
A of chapter 98 of the Internal Revenue Code of 1986. 
(b) PURPOSE
OF TRANSFER.—The purpose of a 
transfer made under subsection (a) is to satisfy a stipu-
lated penalty assessed by the Environmental Protection 
Agency on June 12, 2008, against Naval Air Station, 
Brunswick, Maine, for the failure of the Navy to sample 
certain monitoring wells in a timely manner pursuant to 
a schedule included in the Federal facility agreement for 
Naval Air Station, Brunswick, which was entered into by
•HR 5136 EH1S 
the Secretary of the Navy and the Administrator of the 
Environmental Protection Agency on October 19, 1990. 
(c) ACCEPTANCE OF PAYMENT.—If the Secretary of 
Defense makes a transfer authorized under subsection (a), 
the Administrator of the Environmental Protection Agen-
cy shall accept the amount transferred as payment in full 
of the penalty referred to in subsection (b). 
SEC. 313. TESTING AND CERTIFICATION PLAN FOR OPER-
ATIONAL USE OF AN AVIATION BIOFUEL DE-
RIVED FROM MATERIALS THAT DO NOT COM-
PETE WITH FOOD STOCKS. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a testing and certification plan for the oper-
ational use of a biofuel that— 
(1) is derived from materials that do not com-
pete with food stocks; and 
(2) is suitable for use for military purposes as 
an aviation fuel or in an aviation-fuel blend. 
SEC. 314. REPORT IDENTIFYING HYBRID OR ELECTRIC 
PROPULSION SYSTEMS AND OTHER FUEL- 
SAVING TECHNOLOGIES FOR INCORPORA-
TION INTO TACTICAL MOTOR VEHICLES. 
(a) IDENTIFICATION
OF
USABLE
ALTERNATIVE 
TECHNOLOGY.—Not later than 180 days after the date
•HR 5136 EH1S 
of the enactment of this Act, the Secretary of each mili-
tary department shall submit to Congress a report identi-
fying hybrid or electric propulsion systems and other vehi-
cle technologies that reduce consumption of fossil fuels 
and are suitable for incorporation into the current fleet 
of tactical motor vehicles of each Armed Force under the 
jurisdiction of the Secretary. In identifying suitable alter-
native technologies, the Secretary shall consider the feasi-
bility and cost of incorporating the technology, the design 
changes and amount of time required for incorporation, 
and the overall impact of incorporation on vehicle perform-
ance. 
(b) HYBRID DEFINED.—In this section, the term 
‘‘hybrid’’ refers to a propulsion system, including the en-
gine and drive train, that draws energy from onboard 
sources of stored energy that involve— 
(1) an internal combustion or heat engine using 
combustible fuel; and 
(2) a rechargeable energy storage system. 
SEC. 315. EXCEPTION TO ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 
amended—
•HR 5136 EH1S 
(1) by striking ‘‘No Federal agency’’ and insert-
ing ‘‘(a) REQUIREMENT.—Except as provided in 
subsection (b), no Federal agency’’; and 
(2) by adding at the end the following: 
‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 
a Federal agency from entering into a contract to pur-
chase a generally available fuel that is not an alternative 
or synthetic fuel or predominantly produced from a non-
conventional petroleum source, if— 
‘‘(1) the contract does not specifically require 
the contractor to provide an alternative or synthetic 
fuel or fuel from a nonconventional petroleum 
source; 
‘‘(2) the purpose of the contract is not to obtain 
an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; and 
‘‘(3) the contract does not provide incentives for 
a refinery upgrade or expansion to allow a refinery 
to use or increase its use of fuel from a nonconven-
tional petroleum source.’’.
•HR 5136 EH1S 
SEC. 316. INFORMATION SHARING RELATING TO INVES-
TIGATION 
OF 
EXPOSURE 
TO 
DRINKING 
WATER CONTAMINATION AT CAMP LEJEUNE, 
NORTH CAROLINA. 
By not later than 180 days after the date of the en-
actment of this Act, the Secretary of Defense shall provide 
the Agency for Toxic Substances and Disease Registry 
with an electronic inventory of all existing documents, 
records, and electronic data pertaining to the CERCLA 
listed and RCRA listed contamination sites at Camp 
Lejeune and all existing documents, records, and elec-
tronic data pertaining to the contaminated drinking water 
at Camp Lejeune. If after the date of enactment of this 
Act, the Secretary of Defense generates new documents, 
records and electronic data, or comes into possession of 
existing documents, records or electronic data not pre-
viously included in the electronic inventory, the Secretary 
of the Navy shall provide the Agency for Toxic Substances 
and Disease Registry with an updated electronic inventory 
incorporating the newly located or generated documents, 
records and electronic data. The Secretary of the Navy 
shall ensure that Department of Defense personnel with 
appropriate experience and expertise, including in the area 
of environmental engineering and the conduct of water 
modeling, working in conjunction with the Agency for 
Toxic Substances and Disease Registry, are utilized to
•HR 5136 EH1S 
identify, compile, and submit existing and new documents, 
records, and electronic data in Navy and Marine Corps 
records and electronic libraries that would assist the Agen-
cy for Toxic Substances and Disease Registry in gathering 
data relating to the contamination and remediation of 
Camp Lejeune base-wide drinking-water systems. 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. TECHNICAL AMENDMENTS TO REQUIREMENT 
FOR SERVICE CONTRACT INVENTORY. 
Section 2330a(c)(1) of title 10, United States Code, 
is amended— 
(1) in the matter preceding subparagraph (A), 
by inserting after the first sentence the following 
new sentence: ‘‘The guidance for compiling the in-
ventory shall be issued by the Under Secretary of 
Defense for Personnel and Readiness, as supported 
by the Under Secretary of Defense (Comptroller) 
and the Under Secretary of Defense for Acquisition, 
Technology, and Logistics.’’; and 
(2) by striking subparagraph (E) and inserting 
the following new subparagraph (E): 
‘‘(E) The number and work location of con-
tractor employees, expressed as full-time equivalents
•HR 5136 EH1S 
for direct labor, using direct labor hours and associ-
ated cost data collected from contractors.’’. 
SEC. 322. REPEAL OF CONDITIONS ON EXPANSION OF 
FUNCTIONS PERFORMED UNDER PRIME VEN-
DOR CONTRACTS FOR DEPOT-LEVEL MAINTE-
NANCE AND REPAIR. 
Section 346 of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (Public Law 
105–261; 112 Stat. 1979; 10 U.S.C. 2464 note) is re-
pealed. 
SEC. 323. PILOT PROGRAM ON BEST VALUE FOR CON-
TRACTS FOR PRIVATE SECURITY FUNCTIONS. 
(a) PILOT PROGRAM AUTHORIZED.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense shall establish a pilot program under 
which the Secretary shall implement a best value procure-
ment standard in entering into contracts for the provision 
of private security functions in Afghanistan and Iraq. In 
entering into a covered contract under the pilot program, 
in addition to taking into consideration the cost of the con-
tract, the Secretary shall take into consideration each of 
the following: 
(1) Past performance. 
(2) Quality. 
(3) Delivery.
•HR 5136 EH1S 
(4) Management expertise. 
(5) Technical approach. 
(6) Experience of key personnel. 
(7) Management structure. 
(8) Risk. 
(9) Such other matters as the Secretary deter-
mines are appropriate. 
(b) JUSTIFICATION.—A covered contract under the 
pilot program may not be awarded unless the contracting 
officer for the contract justifies in writing the reason for 
the award of the contract. 
(c) ANNUAL REPORT.—Not later than January 15 of 
each year the pilot program under this section is carried 
out, the Secretary of Defense shall submit to the congres-
sional defense committees an unclassified report con-
taining each of the following: 
(1) A list of any covered contract awarded for 
private security functions in Afghanistan and Iraq 
under the pilot program. 
(2) A description of the matters that the Sec-
retary of Defense took into consideration, in addi-
tion to cost, in awarding each such contract. 
(3) Any additional information or recommenda-
tions the Secretary considers appropriate to include 
with respect to the pilot program, the contracts
100 
•HR 5136 EH1S 
awarded under the pilot program, or the consider-
ations for evaluating such contracts. 
(d) TERMINATION OF PROGRAM.—The authority of 
the Secretary of Defense to carry out a pilot program 
under this section terminates on September 30, 2013. The 
termination of the authority shall not affect the validity 
of contracts that are awarded or modified during the pe-
riod of the pilot program, without regard to whether the 
contracts are performed during the period. 
(e) DISCRETIONARY IMPLEMENTATION AFTER SEP-
TEMBER 30, 2013.—After September 30, 2013, imple-
mentation of a best value procurement standard in enter-
ing into contracts for the provision of private security 
functions in Afghanistan and Iraq shall be at the discre-
tion of the Secretary of Defense. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘best value’’ means providing the 
best overall benefit to the Government in accordance 
with the tradeoff process described in section 
15.101–1 of title 48 of the Code of Federal Regula-
tions. 
(2) The term ‘‘covered contract’’ means— 
(A) a contract of the Department of De-
fense for the performance of services; or
101 
•HR 5136 EH1S 
(B) a task order or delivery order issued 
under such a contract. 
(3) The term ‘‘private security functions’’ 
means guarding, by a contractor under a covered 
contract, of personnel, facilities, or property of a 
Federal agency, the contractor, a subcontractor of a 
contractor, or a third party. 
SEC. 324. STANDARDS AND CERTIFICATION FOR PRIVATE 
SECURITY CONTRACTORS. 
(a) THIRD-PARTY CERTIFICATION POLICY GUID-
ANCE.—Not later than 270 days after the date of the en-
actment of this Act, the Secretary of Defense shall issue 
policy guidance requiring, as a condition for award of a 
covered contract for the provision of private security func-
tions, that each contractor receive certification from a 
third party that the contractor adheres to specified oper-
ational and business practice standards. The guidance 
shall— 
(1) establish criteria for defining standard prac-
tices for the performance of private security func-
tions, which shall reflect input from industry rep-
resentatives as well as the Inspector General of the 
Department of Defense; 
(2) establish criteria for weapons training pro-
grams for contractors performing private security
102 
•HR 5136 EH1S 
functions, including minimum requirements for 
weapons training programs of instruction and min-
imum qualifications for instructors for such pro-
grams; and 
(3) identify organizations that can carry out the 
certifications. 
(b) REGULATIONS REQUIRED.—Not later than 270 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall revise the Department of Defense 
supplement to the Federal Acquisition Regulation to carry 
out the requirements of this section and the guidance 
issued under this section. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contract’’ means— 
(A) a contract of the Department of De-
fense for the performance of services; 
(B) a subcontract at any tier under such 
contract; 
(C) a task order or delivery order issued 
under such a contract or subcontract. 
(2) The term ‘‘contractor’’ means, with respect 
to a covered contract, the contractor or subcon-
tractor carrying out the covered contract.
103 
•HR 5136 EH1S 
(3) The term ‘‘private security functions’’ 
means activities engaged in by a contractor under a 
covered contract as follows: 
(A) Guarding of personnel, facilities, or 
property of a Federal agency, the contractor or 
subcontractor, or a third party. 
(B) Any other activity for which personnel 
are required to carry weapons in the perform-
ance of their duties. 
(d) EXCEPTION.—The requirements of this section 
shall not apply to contracts entered into by elements of 
the intelligence community in support of intelligence ac-
tivities. 
SEC. 325. PROHIBITION ON ESTABLISHING GOALS OR 
QUOTAS FOR CONVERSION OF FUNCTIONS TO 
PERFORMANCE BY DEPARTMENT OF DE-
FENSE CIVILIAN EMPLOYEES. 
(a) PROHIBITION.—The Secretary of Defense may 
not establish, apply, or enforce any numerical goal, target, 
or quota for the conversion of Department of Defense 
function to performance by Department of Defense civil-
ian employees, unless such goal, target, or quota is based 
on considered research and analysis, as required by section 
235, 2330a, or 2463 of title 10, United States Code.
104 
•HR 5136 EH1S 
(b) DECISIONS TO INSOURCE.—In deciding which 
functions should be converted to performance by Depart-
ment of Defense civilian employees pursuant to section 
2463 of title 10, United States Code, the Secretary of De-
fense shall use the costing methodology outlined in the Di-
rective-Type Memorandum 09–007 (Estimating and Com-
paring the Full Costs of Civilian and Military Manpower 
and Contractor Support) or any successor guidance for the 
determination of costs when costs are the sole basis for 
the decision. The Secretary of a military department may 
issue supplemental guidance to assist in such decisions af-
fecting functions of that military department. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS.—Not later than De-
cember 31, 2010, the Secretary of Defense shall 
submit to the congressional defense committees a re-
port on the decisions with respect to the conversion 
of functions to performance by Department of De-
fense civilian employees made during fiscal year 
2010. Such report shall identify, for each such deci-
sion— 
(A) the agency or service of the Depart-
ment involved in the decision; 
(B) the basis and rationale for the deci-
sion; and
105 
•HR 5136 EH1S 
(C) the number of contractor employees 
whose functions were converted to performance 
by Department of Defense civilian employees. 
(2) COMPTROLLER
GENERAL
REVIEW.—Not 
later than 120 days after the submittal of the report 
under paragraph (1), the Comptroller General of the 
United States shall submit to the congressional de-
fense committees an assessment of the report. 
SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO 
HEALTH BENEFITS AND RETIREMENT PLANS 
FOR PURPOSES OF COST-COMPARISONS OF 
CONTRACTOR AND CIVILIAN EMPLOYEE PER-
FORMANCE OF DEPARTMENT OF DEFENSE 
FUNCTIONS. 
Section 2463 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (f): 
‘‘(f) TREATMENT OF CONTRIBUTIONS TO HEALTH 
AND RETIREMENT PLANS.—For purposes of conducting 
a cost comparison to determine whether to convert a func-
tion from contractor performance to performance by De-
partment of Defense civilian employee, the costs of em-
106 
•HR 5136 EH1S 
ployer contributions made by the Department of Defense 
or by a contractor towards employer-sponsored health ben-
efits and retirement benefits plans shall not be considered 
unless, in the case of such contributions made by a con-
tractor, the contractor does not receive an advantage for 
reducing costs for the Department of Defense by— 
‘‘(1) not making an employer-sponsored health 
insurance plan available to the contractor employees 
who perform the function under the contract; 
‘‘(2) offering to such employees an employer- 
sponsored health benefits plan that requires the em-
ployer to contribute less towards the premium or 
subscription share than the amount that is paid by 
the Federal Government for health benefits for civil-
ian employees under chapter 89 of title 5, United 
States Code; or 
‘‘(3) offering to such employees a retirement 
benefit that, in any year, costs less than the annual 
retirement cost factor applicable to Federal employ-
ees under chapter 84 of title 5, United States 
Code.’’.
107 
•HR 5136 EH1S 
Subtitle D—Reports 
SEC. 331. REVISION TO REPORTING REQUIREMENT RELAT-
ING TO OPERATION AND FINANCIAL SUP-
PORT FOR MILITARY MUSEUMS. 
(a) CHANGE
IN FREQUENCY
OF REPORT.—Sub-
section (a) of section 489 of title 10, United States Code, 
is amended by striking ‘‘As part of’’ and all that follows 
through ‘‘fiscal year—’’ and inserting the following: ‘‘As 
part of the budget materials submitted to Congress for 
every odd-numbered fiscal year, in connection with the 
submission of the budget for that fiscal year pursuant to 
section 1105 of title 31, the Secretary of Defense shall 
submit to Congress a report on military museums. In each 
such report, the Secretary shall identify all military muse-
ums that, during the most recently completed two fiscal- 
year period—’’ 
(b) REPEAL
OF REQUIRED REPORT ELEMENT.— 
Subsection (b) of such section is amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraph (6) as para-
graph (5). 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows:
108 
•HR 5136 EH1S 
‘‘§ 489. Department of Defense operation and finan-
cial support for military museums: bien-
nial report’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 23 of such title is 
amended by striking the item relating to section 489 
and inserting the following new item: 
‘‘489. Department of Defense operation and financial support for military muse-
ums: biennial report.’’. 
SEC. 332. ADDITIONAL REPORTING REQUIREMENTS RELAT-
ING TO CORROSION PREVENTION PROJECTS 
AND ACTIVITIES. 
Section 2228(e) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking 
‘‘The’’ and inserting ‘‘For the fiscal year cov-
ered by the report and the preceding fiscal year, 
the’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(E) For the fiscal year covered by the report 
and the preceding fiscal year, the amount of funds 
requested in the budget for each project or activity 
described in subparagraph (E) compared to the 
funding requirements for the project or activity.’’;
109 
•HR 5136 EH1S 
(2) in paragraph (2)(B), by inserting before the 
period at the end the following: ‘‘, including the 
annex to the report described in paragraph (3)’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) Each report under this section shall include, in 
an annex to the report, a copy of the annual corrosion 
report most recently submitted by the corrosion control 
and prevention executive of each military department 
under section 903(b)(5) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4567; 10 U.S.C. 2228 note).’’. 
SEC. 333. MODIFICATION AND REPEAL OF CERTAIN RE-
PORTING REQUIREMENTS. 
(a) 
MODIFICATION
OF
REPORT
ON
ARMY 
PROGRESS.—Section 323 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is 
amended— 
(1) by striking subsection (c) and redesignating 
subsections (d) and (e) as subsections (c) and (d), 
respectively; and 
(2) in subsection (d), as so redesignated, by 
striking ‘‘or (d)’’.
110 
•HR 5136 EH1S 
(b) REPEAL OF REPORT ON DISPOSITION OF RE-
SERVE EQUIPMENT.—Title III of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364) is amended by striking section 349. 
(c) REPEAL OF REPORT ON READINESS OF GROUND 
FORCES.—Title III of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181) is amend-
ed by striking section 355. 
SEC. 334. REPORT ON AIR SOVEREIGNTY ALERT MISSION. 
(a) REPORT REQUIRED.—Not later than March 1, 
2011, the Commander of the United States Northern 
Command and the North American Aerospace Defense 
Command (hereinafter in this section referred to as 
‘‘NORTHCOM’’) shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Serv-
ice of the House of Representatives a report on the Air 
Sovereignty Alert (hereinafter in this section referred to 
as ‘‘ASA’’) Mission and Operation Noble Eagle (herein-
after in this section referred to as ‘‘ONE’’). 
(b) CONSULTATION.—NORTHCOM shall consult 
with the Director of the National Guard Bureau who shall 
be authorized to review and provide independent analysis 
and comments on the report required under subsection 
(a).
111 
•HR 5136 EH1S 
(c) CONTENTS
OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) An evaluation of the current ASA mission 
and ONE. 
(2) An evaluation of each of the following: 
(A) The current ability to perform the mis-
sion with regards to training, equipment, fund-
ing, and military construction. 
(B) Any current deficiencies in the mis-
sion. 
(C) Any changes in threats which would 
allow for any change in number of ASA sites or 
force structure required to support the ASA 
mission. 
(D) Future ability to perform the ASA 
mission with current and programmed equip-
ment. 
(E) Coverage of units with respect to— 
(i) population centers covered; 
(ii) targets of value covered, including 
symbolic 
(national 
monuments, 
sports 
venue, and centers of commerce), critical 
infrastructure 
(nuclear 
plants, 
dams, 
bridges, and telecommunication nodes) and
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national security (military bases and or-
gans of government); and 
(iii) an unclassified, notional area of 
responsibility conforming to the unclassi-
fied response time of unit represented 
graphically on a map and detailing total 
population covered and number of targets 
described in clause (ii). 
(3) Status of implementation of the rec-
ommendations made in the Government Account-
ability Office Report entitled ‘‘Actions Needed to 
Improve Management of Air Sovereignty Alert Oper-
ations to Protect U.S. Airspace’’ (GAO–09–184). 
(d) MEANS OF DELIVERY OF REPORT.—The report 
required by subsection (a) shall be unclassified, and 
NORTHCOM shall brief the Committees on Armed Serv-
ices of the Senate and House of Representatives at the 
appropriate classification level. 
SEC. 335. REPORT ON THE SEAD/DEAD MISSION REQUIRE-
MENT FOR THE AIR FORCE. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of the Air Force shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Serv-
ice of the House of Representatives a report describing
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•HR 5136 EH1S 
the feasibility and desirability of designating the Suppres-
sion of Enemy Air Defenses/Destruction of Enemy Air De-
fenses (hereinafter in this section referred to as ‘‘SEAD/ 
DEAD’’) mission as a responsibility of the Air National 
Guard. 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) An evaluation of the SEAD/DEAD mission, 
as in effect on the date of the enactment of this Act. 
(2) An evaluation of the following with respect 
to the SEAD/DEAD mission: 
(A) The current ability of the Air National 
Guard to perform the mission with regards to 
training, equipment, funding, and military con-
struction. 
(B) Any current deficiencies of the Air Na-
tional Guard to perform the mission. 
(C) The corrective actions and costs re-
quired to address any deficiencies described in 
subparagraph (B). 
(D) The need for SEAD/DEAD ranges to 
be constructed on existing ranges operated, con-
trolled, or used by Air National Guard units 
based on geographic considerations of proximity 
and utility.
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(c) CONSULTATION.—The Secretary of the Air Force 
shall consult with the Director of the National Guard Bu-
reau who shall be authorized to review and provide inde-
pendent analysis and comments on the report required 
under subsection (a). 
SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC 
SEAPORTS. 
The Commander of the United States Transportation 
Command shall update the study entitled ‘‘PORT LOOK 
2008 Strategic Seaports Study’’. In updating the study 
under this section, the commander shall consider the in-
frastructure in the vicinity of a strategic port, including 
bridges, roads, and rail, and any issues relating to the ca-
pacity and condition of such infrastructure. 
SEC. 337. STUDY AND REPORT ON FEASIBILITY OF JOINT 
USAGE OF THE NASA SHUTTLE LOGISTICS 
DEPOT. 
(a) STUDY.—The Secretary of Defense, in conjunc-
tion with the Administrator of the National Aeronautics 
and Space Administration, shall conduct a study of the 
feasibility of joint usage of the National Aeronautics and 
Space Administration Shuttle Logistics Depot in Cape Ca-
naveral, Florida, to supplement requirements for products 
and services in support of reset initiatives, Advanced 
Technology Clusters, engineering and reverse engineering
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•HR 5136 EH1S 
analysis, and development of innovative technology and 
processes to improve product procurement and reduce 
risk, cost, and cycle time of system delivery. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the committees on Armed Services of the Senate and 
House of Representatives a report on the study required 
under subsection (a). 
Subtitle E—Limitations and 
Extensions of Authority 
SEC. 341. PERMANENT AUTHORITY TO ACCEPT AND USE 
LANDING FEES CHARGED FOR USE OF DO-
MESTIC MILITARY AIRFIELDS BY CIVIL AIR-
CRAFT. 
(a) IN GENERAL.—Chapter 159 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2697. Acceptance and use of landing fees charged 
for use of domestic military airfields by 
civil aircraft 
‘‘(a) AUTHORITY.—The Secretary of a military de-
partment may impose landing fees for the use by civil air-
craft of domestic military airfields under the jurisdiction 
of that Secretary and may use any fees received under
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•HR 5136 EH1S 
this section as a source of funding for the operation and 
maintenance of airfields of that department. 
‘‘(b) UNIFORM LANDING FEES.—The Secretary of 
Defense shall prescribe the amount of the landing fees 
that may be imposed under this section. Such fees shall 
be uniform among the military departments. 
‘‘(c) USE OF PROCEEDS.—Amounts received for a 
fiscal year in payment of landing fees imposed under this 
section for the use of a military airfield shall be credited 
to the appropriation that is available for that fiscal year 
for the operation and maintenance of that military airfield, 
shall be merged with amounts in the appropriation to 
which credited, and shall be available for that military air-
field for the same period and purposes as the appropria-
tion is available.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2697. Acceptance and use of landing fees charged for use of domestic military 
airfields by civil aircraft.’’. 
SEC. 342. IMPROVEMENT AND EXTENSION OF ARSENAL 
SUPPORT PROGRAM INITIATIVE. 
(a) IMPROVEMENT.— 
(1) IN GENERAL.—Section 343 of the Floyd D. 
Spence National Defense Authorization Act for Fis-
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cal Year 2001 (Public Law 106–398; 10 U.S.C. 
4551 note) is amended— 
(A) in subsection (b), by striking para-
graphs (3) and (4) and redesignating para-
graphs (5) through (11) as paragraphs (3) 
through (9), respectively; 
(B) by striking subsection (d) and redesig-
nating subsections (e), (f), and (g) as sub-
sections (d), (e), and (f), respectively. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act. 
(b) PRIORITIZATION OF PROGRAM PURPOSES.—The 
Secretary of the Army shall— 
(1) prioritize the purposes of the Arsenal Sup-
port Program Initiative under section 343(b) of the 
Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (Public Law 106–398; 
U.S.C. 4551 note), as amended by subsection 
(a)(1)(A); and 
(2) issue guidance to the appropriate commands 
reflecting such priorities. 
(c) EXTENSION.—
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•HR 5136 EH1S 
(1) IN GENERAL.—Such section, as amended by 
subsection (a)(1) of this section, is further amend-
ed— 
(A) in subsection (a), by striking ‘‘2010’’ 
and inserting ‘‘2012’’; and 
(B) in paragraph (1) of subsection (f), as 
redesignated by subsection (a)(1)(B) of this 
section, by striking ‘‘2010’’ and inserting 
‘‘2012’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on the date of the 
submittal of the report required under subsection 
(d). 
(d) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of the Army shall submit to Congress a report on the Arse-
nal Support Program Initiative that includes— 
(1) the Secretary’s determination with respect 
to the Army’s highest priorities from among the pur-
poses of the Arsenal Support Program Initiative 
under section 343(b) of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 
2001 (Public Law 106–398; U.S.C. 4551 note), as 
amended by subsection (a)(1)(A), reflecting the Sec-
retary’s overall strategy to achieve desired results;
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•HR 5136 EH1S 
(2) performance goals for the Arsenal Support 
Program Initiative; and 
(3) outcome-focused performance measures to 
assess the progress the Army has made toward ad-
dressing the purposes of the Arsenal Support Pro-
gram Initiative. 
SEC. 343. EXTENSION OF AUTHORITY TO REIMBURSE EX-
PENSES FOR CERTAIN NAVY MESS OPER-
ATIONS. 
Section 1014(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4585) is amended by striking ‘‘Sep-
tember 30, 2010’’ and inserting ‘‘September 30, 2012’’. 
SEC. 344. LIMITATION ON OBLIGATION OF FUNDS FOR THE 
ARMY HUMAN TERRAIN SYSTEM. 
(a) LIMITATION.—Of the amounts authorized to be 
appropriated for the Human Terrain System (hereinafter 
in this section referred to as the ‘‘HTS’’) that are de-
scribed in subsection (b), not more than 50 percent of the 
amounts remaining unobligated as of the date of enact-
ment of this Act may be obligated until the Secretary of 
the Army submits to the congressional defense committees 
each of the following: 
(1) The independent assessment of the HTS 
called for in the report of the Committee on Armed
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•HR 5136 EH1S 
Services of the House of Representatives accom-
panying the National Defense Authorization Act for 
Fiscal Year 2010 (H. Rept. 111–166). 
(2) A validation of all HTS requirements, in-
cluding any prior joint urgent operations needs 
statements. 
(3) A certification that policies, procedures, and 
guidance are in place to protect the integrity of so-
cial science researchers participating in HTS, includ-
ing ethical guidelines and human studies research 
procedures. 
(b) COVERED
AUTHORIZATIONS
OR
APPROPRIA-
TIONS.—The amounts authorized to be appropriated de-
scribed in this subsection are amounts authorized to be 
appropriated for fiscal year 2011, including such amounts 
authorized to be appropriated for oversees contingency op-
erations, for— 
(1) Operation and maintenance for HTS; 
(2) Procurement for Mapping the Human Ter-
rain hardware and software; and 
(3) Research, development, test, and evaluation 
for Mapping the Human Terrain hardware and soft-
ware.
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SEC. 345. LIMITATION ON OBLIGATION OF FUNDS PENDING 
SUBMISSION OF CLASSIFIED JUSTIFICATION 
MATERIAL. 
Of the amounts authorized to be appropriated in this 
title for fiscal year 2011 for the Office of the Secretary 
of Defense for budget activity four, line 270, not more 
than 90 percent may be obligated until 15 days after the 
information cited in the classified annex accompanying 
this Act relating to the provision of classified justification 
material to Congress is provided to the congressional de-
fense committees. 
SEC. 346. LIMITATION ON RETIREMENT OF C–130 AIRCRAFT 
FROM AIR FORCE INVENTORY. 
The Secretary of the Air Force may not take any ac-
tion to retire any C–130 aircraft from the inventory of 
the Air Force until 30 days after the date on which the 
Secretary submits to the congressional defense committees 
a written agreement between the Director of the Air Na-
tional Guard, the Commander of Air Force Reserve Com-
mand, and the Chief of Staff of the Air Force. The agree-
ment shall specify the following: 
(1) The number of and type of C–130 aircraft 
to be transferred, on a temporary basis, from the 
Air National Guard to the Air Force.
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•HR 5136 EH1S 
(2) The schedule by which any C–130 aircraft 
transferred to the Air Force will be returned to the 
Air National Guard. 
(3) A description of the condition, including the 
estimated remaining service life, in which the C–130 
aircraft will be returned to the Air National Guard 
following the period during which the aircraft are on 
loan to the Air Force. 
(4) A description of the allocation of resources, 
including the designation of responsibility for fund-
ing aircraft operations and maintenance, in fiscal 
year 2011, and detailed description of budgetary re-
sponsibilities through the remaining period the air-
craft are on loan to the Air Force. 
(5) The designation of responsibility for fund-
ing depot maintenance requirements or modifications 
to the aircraft during the period the aircraft are on 
loan with the Air Force, or otherwise generated as 
a result of transfer. 
(6) The locations from which the C–130 air-
craft will be transferred. 
(7) The manpower planning and certification 
that such a transfer will not result in manpower au-
thorization reductions or resourcing at the Air Na-
tional Guard facilities identified in paragraph (6).
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•HR 5136 EH1S 
(8) The manner by which Air National Guard 
personnel affected by the transfer will maintain their 
skills and proficiencies in order to preserve readiness 
at the affected units. 
(9) Any other items the Director of the Air Na-
tional Guard or the Commander of Air Force Re-
serve Command determine are necessary in order to 
ensure such a transfer will not negatively impact the 
ability of the Air National Guard and Air Force Re-
serve to accomplish their respective missions. 
SEC. 347. COMMERCIAL SALE OF SMALL ARMS AMMUNI-
TION IN EXCESS OF MILITARY REQUIRE-
MENTS. 
(a) COMMERCIAL SALE OF SMALL ARMS AMMUNI-
TION.—Small arms ammunition and ammunition compo-
nents in excess of military requirements, including fired 
cartridge cases, which is not otherwise prohibited from 
commercial sale or certified by the Secretary of Defense 
as unserviceable or unsafe, may not be demilitarized or 
destroyed and shall be made available for commercial sale. 
(b) DEADLINE FOR GUIDANCE.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall issue guidance to ensure compli-
ance with subsection (a). Not later than 15 days after 
issuing such guidance, the Secretary shall submit to the
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•HR 5136 EH1S 
congressional defense committees a letter of compliance 
providing notice of such guidance. 
SEC. 348. LIMITATION ON AIR FORCE FISCAL YEAR 2011 
FORCE STRUCTURE ANNOUNCEMENT IMPLE-
MENTATION. 
None of the amounts authorized to be appropriated 
by this Act or otherwise made available for fiscal year 
2011 may be obligated or expended for the purpose of im-
plementing the Air Force fiscal year 2011 Force Structure 
Announcement until 45 days after— 
(1) the Secretary of the Air Force provides a 
detailed report to the Committees on Armed Services 
of the Senate and House of Representatives on the 
follow-on missions for bases affected by the 2010 
Combat Air Forces restructure; and 
(2) the Secretary of the Air Force certifies to 
the Committees on Armed Services of the Senate 
and House of Representatives that the Air Sov-
ereignty Alert Mission will be fully resourced with 
required funding, personnel, and aircraft.
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•HR 5136 EH1S 
Subtitle F—Other Matters 
SEC. 351. EXPEDITED PROCESSING OF BACKGROUND IN-
VESTIGATIONS FOR CERTAIN INDIVIDUALS. 
(a) EXPEDITED PROCESSING OF SECURITY CLEAR-
ANCES.—Section 1564 of title 10, United States Code, is 
amended— 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a) EXPEDITED PROCESS.—The Secretary of De-
fense may prescribe a process for expediting the comple-
tion of the background investigations necessary for grant-
ing security clearances for— 
‘‘(1) Department of Defense personnel and De-
partment of Defense contractor personnel who are 
engaged in sensitive duties that are critical to the 
national security; and 
‘‘(2) any individual who submits an application 
for a position as an employee of the Department of 
Defense for which a security clearance is required 
who is a member of the armed forces who was re-
tired or separated for physical disability pursuant to 
chapter 61 of this title.’’; and 
(2) by adding at the end the following new sub-
section:
126 
•HR 5136 EH1S 
‘‘(f) USE OF APPROPRIATED FUNDS.—The Secretary 
of Defense may use funds authorized to be appropriated 
to the Department of Defense for operation and mainte-
nance to conduct background investigations under this 
section for individuals described in subsection (a)(2).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to a background 
investigation conducted after the date of the enactment 
of this Act. 
SEC. 352. ADOPTION OF MILITARY WORKING DOGS BY FAM-
ILY MEMBERS OF DECEASED OR SERIOUSLY 
WOUNDED MEMBERS OF THE ARMED FORCES 
WHO WERE HANDLERS OF THE DOGS. 
Section 2583(c) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Military ani-
mals’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) For purposes of making a determination under 
subsection (a)(2), unusual or extraordinary circumstances 
may include situations in which the handler of a military 
working dog is a member of the armed forces who is killed 
in action, dies of wounds received in action, or is so seri-
ously wounded in action that the member will (or most
127 
•HR 5136 EH1S 
likely will) receive a medical discharge. If the Secretary 
of the military department concerned determines that an 
adoption is justified in such a situation, the military work-
ing dog shall be made available for adoption only by the 
immediate family of the member.’’. 
SEC. 353. REVISION TO AUTHORITIES RELATING TO TRANS-
PORTATION OF CIVILIAN PASSENGERS AND 
COMMERCIAL CARGOES BY DEPARTMENT OF 
DEFENSE WHEN SPACE UNAVAILABLE ON 
COMMERCIAL LINES. 
(a) TRANSPORTATION ON DOD VEHICLES AND AIR-
CRAFT.—Subsection (a) of section 2649 of title 10, United 
States Code, is amended— 
(1) 
by 
inserting 
‘‘AUTHORITY.—’’ 
before 
‘‘Whenever’’; and 
(2) by inserting ‘‘, vehicles, or aircraft’’ in the 
first sentence after ‘‘vessels’’ both places it appears. 
(b) AMOUNTS CHARGED FOR TRANSPORTATION IN 
EMERGENCY, DISASTER, OR HUMANITARIAN RESPONSE 
CASES.— 
(1) LIMITATION ON AMOUNTS CHARGED.—The 
second sentence of subsection (a) of such section is 
amended by inserting before the period the fol-
lowing: ‘‘, except that in the case of transportation 
provided in response to an emergency, a disaster, or
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•HR 5136 EH1S 
a request for humanitarian assistance, any amount 
charged for such transportation may not exceed the 
cost of providing the transportation’’. 
(2) CREDITING OF RECEIPTS.—Subsection (b) 
of such section is amended by striking ‘‘Amounts’’ 
and inserting ‘‘CREDITING
OF
RECEIPTS.—Any 
amount received under this section with respect to 
transportation provided in response to an emer-
gency, a disaster, or a request for humanitarian as-
sistance may be credited to the appropriation, fund, 
or account used in incurring the obligation for which 
such amount is received. In all other cases, 
amounts’’. 
(c) TRANSPORTATION DURING CONTINGENCIES OR 
DISASTER RESPONSES.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(c) TRANSPORTATION
OF
ALLIED
PERSONNEL 
DURING CONTINGENCIES OR DISASTER RESPONSES.—(1) 
During the 5-year period beginning on the date of the en-
actment of the National Defense Authorization Act for 
Fiscal Year 2011, when space is available on vessels, vehi-
cles, or aircraft operated by the Department of Defense 
and the Secretary of Defense determines that operations 
in the area of a contingency operation or disaster response 
would be facilitated if allied forces or civilians were to be
129 
•HR 5136 EH1S 
transported using such vessels, vehicles, or aircraft, the 
Secretary may provide such transportation on a noninter-
ference basis, without charge. 
‘‘(2) Not later than March 1 of each year following 
a year in which the Secretary provides transportation 
under paragraph (1), the Secretary shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report describing, in detail, the trans-
portation so provided during that year. Each such report 
shall include a description of each of the following: 
‘‘(A) How the authority under paragraph (1) 
was used during the year covered by the report. 
‘‘(B) The frequency with which such authority 
was used during that year. 
‘‘(C) The rationale of the Secretary for each 
such use of the authority. 
‘‘(D) The total cost of the transportation pro-
vided under paragraph (1) during that year. 
‘‘(E) The appropriation, fund, or account cred-
ited and the total amount received as a result of pro-
viding transportation under paragraph (1) during 
that year.’’. 
(d) CONFORMING AMENDMENT.—Section 2648 of 
such title is amended by inserting ‘‘, vehicles, or aircraft’’ 
after ‘‘vessels’’ in the matter preceding paragraph (1).
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•HR 5136 EH1S 
SEC. 355. INVENTORY AND STUDY OF BUDGET MODELING 
AND SIMULATION TOOLS. 
(a) INVENTORY.— 
(1) INVENTORY
REQUIRED.—The Comptroller 
General of the United States shall perform an inven-
tory of all modeling and simulation tools used by the 
Department of Defense to develop and analyze the 
Department’s annual budget submission and to sup-
port decision making inside the budget process. In 
carrying out the inventory, the Comptroller General 
shall identify the purpose, scope, and levels of vali-
dation, verification, and accreditation of each such 
model and simulation. 
(2) REPORT.—Not later than December 1, 
2010, the Comptroller General shall submit to Com-
mittees on Armed Services of the Senate and House 
of Representatives and the Secretary of Defense a 
report on the inventory under paragraph (1) and the 
findings of the Comptroller General in carrying out 
the inventory. 
(b) STUDY.— 
(1) STUDY REQUIRED.—By not later than Jan-
uary 15, 2011, the Secretary of Defense shall seek 
to enter into a contract with a federally funded re-
search and development center to carry out a study 
examining the requirements for and capabilities of
132 
•HR 5136 EH1S 
modeling and simulation tools used by the Depart-
ment of Defense to support the annual budget proc-
ess. A contract entered into under this paragraph 
shall specify that in carrying out the study, the cen-
ter shall— 
(A) use the inventory performed by the 
Comptroller General under subsection (a) as a 
baseline; 
(B) examine the efficacy and sufficiency of 
the modeling and simulation tools used by the 
Department of Defense to support the develop-
ment, analysis, and decision-making associated 
with the construction and validation of require-
ments used as a basis for the annual budget 
process of the Department; 
(C) examine the requirements and any ca-
pability gaps with respect to such modeling and 
simulation tools; 
(D) provide recommendations as to how 
the Department should best address the re-
quirements and fill the capabilities gaps identi-
fied under subparagraph (C); 
(E) identify annual investment levels in 
modeling and simulation tools and certifications 
required to achieve a high degree of confidence
133 
•HR 5136 EH1S 
in the relationship between the Department’s 
mission effectiveness and the budget materials 
submitted to the President by the Secretary of 
Defense in connection with the submission to 
Congress, pursuant to section 1105 of title 31, 
United States Code, of the budget for a fiscal 
year; 
(F) examine the verification, validation, 
and accreditation requirements for each of the 
military services and provide recommendations 
with respect to establishing uniform standards 
for such requirements across all of the military 
services; and 
(G) recommend improvements to enhance 
the confidence, efficacy, and sufficiency of the 
modeling and simulation tools used by the De-
partment of Defense in the development of the 
annual budget. 
(2) REPORT.—Not later than January 1, 2012, 
the chief executive officer of the center that carries 
out the study pursuant to a contract under para-
graph (1) shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the findings of the study.
134 
•HR 5136 EH1S 
SEC. 356. SENSE OF CONGRESS REGARDING CONTINUED 
IMPORTANCE OF HIGH-ALTITUDE AVIATION 
TRAINING SITE, COLORADO. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The High-Altitude Aviation Training Site in 
Gypsum, Colorado, is the only Department of De-
fense aviation school that provides an opportunity 
for rotor-wing military pilots to train in high-alti-
tude, mountainous terrain, under full gross weight 
and power management operations. 
(2) The High-Altitude Aviation Training Site is 
operated by the Colorado Army National Guard and 
is available to pilots of all branches of the Armed 
Forces and to pilots of allied countries. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the High-Altitude Army Aviation Training 
Site continues to be critically important to ensuring 
the readiness and capabilities of rotor-wing military 
pilots; and 
(2) the Department of Defense should take all 
appropriate actions to prevent encroachment on the 
High-Altitude Army Aviation Training Site.
135 
•HR 5136 EH1S 
SEC. 357. DEPARTMENT OF DEFENSE STUDY ON SIMU-
LATED TACTICAL FLIGHT TRAINING IN A SUS-
TAINED G ENVIRONMENT. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study on the effectiveness of simulated tac-
tical flight training in a sustained g environment. In con-
ducting the study, the Secretary shall include all relevant 
factors, including each of the following: 
(1) Training effectiveness. 
(2) Cost reductions. 
(3) Safety. 
(4) Research benefits. 
(5) Carbon emissions reduction. 
(6) Lifecycles of training aircraft. 
(b) DEADLINE FOR COMPLETION.—The study re-
quired by subsection (a) shall be completed not later than 
18 months after the date of the enactment of this Act. 
(c) SUBMISSION TO CONGRESS.—Upon completion of 
the study required by subsection (a), the Secretary shall 
submit the results of the study to the congressional de-
fense committees. 
SEC. 358. STUDY OF EFFECTS OF NEW CONSTRUCTION OF 
OBSTRUCTIONS 
ON 
MILITARY 
INSTALLA-
TIONS AND OPERATIONS. 
(a) DESIGNATION
OF
DEPARTMENT
ORGANIZA-
TION.—Not later than 60 days after the date of the enact-
136 
•HR 5136 EH1S 
ment of this Act, the Secretary of Defense shall designate 
a single organization within the Department of Defense 
to— 
(1) serve as the executive agent to carry out the 
study required by subsection (b); 
(2) serve as a clearinghouse to review applica-
tions filed with the Secretary of Transportation pur-
suant to section 44718 of title 49, United States 
Code, and received by the Department of Defense 
from the Secretary of Transportation; and 
(3) accelerate the development of planning tools 
to provide preliminary notice as to the acceptability 
to the Department of Defense of proposals included 
in an application submitted pursuant to such sec-
tion. 
(b) MILITARY INSTALLATIONS AND OPERATIONS IM-
PACT STUDY.— 
(1) STUDY
REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Defense shall carry out a study to iden-
tify any areas where military installations and mili-
tary operations, including the use of air navigation 
facilities, 
navigable 
airspace, 
military 
training 
routes, and air defense radars, could be affected by 
any proposed construction, alteration, establishment,
137 
•HR 5136 EH1S 
or expansion of a structure described in section 
44718 of title 49, United States Code. 
(2) MILITARY
MISSION
IMPACT
ZONES.—The 
Secretary of Defense shall publish a notice of the 
areas identified pursuant to the study under para-
graph (1). Such areas shall be known as ‘‘military 
mission impact zones’’. 
(c) EFFECT OF DEPARTMENT OF DEFENSE HAZARD 
ASSESSMENT.—A notice under subsection (a)(3) or (b)(2) 
shall not be considered to be a substitute for any assess-
ment required by the Secretary of Transportation under 
section 44718 of title 49, United States Code. 
(d) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the National Environmental Policy Act (42 U.S.C. 
4321 et seq.). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘military training route’’ means a 
training route developed as part of the Military 
Training Route Program, carried out jointly by the 
Federal Aviation Administration and the Secretary 
Defense, for use by the Armed Forces for the pur-
pose of conducting low-altitude, high-speed military 
training.
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(2) The term ‘‘high value military training 
route’’ means a military training route that is in the 
highest quartile of military training routes used by 
the Department of Defense with respect to frequency 
of use. 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801(c)(4) of 
title 10, United States Code. 
(4) The term ‘‘military operation’’ means mili-
tary navigable airspace, including high value military 
training routes, air defense radars, special use air-
space, warning areas, and other military related sys-
tems. 
SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESIST-
ANT UTILITY ENSEMBLES FOR NATIONAL 
GUARD PERSONNEL IN CIVIL AUTHORITY 
MISSIONS. 
It is the sense of Congress that the Chief of the Na-
tional Guard Bureau should issue fire-resistant utility en-
sembles to National Guard personnel who are engaged, or 
likely to become engaged, in defense support to civil au-
thority missions that routinely involve serious fire hazards, 
such as wildfire recovery efforts.
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SEC. 360. AUTHORITY TO MAKE EXCESS NONLETHAL SUP-
PLIES AVAILABLE FOR DOMESTIC EMER-
GENCY ASSISTANCE. 
(a) DOMESTIC AUTHORITY.—Section 2557 of title 
10, United States Code, is amended— 
(1) in subsection (a)(1), by adding at the end 
the following new sentence: ‘‘In addition, the Sec-
retary may make nonlethal excess supplies of the 
Department available to support domestic emergency 
assistance activities.’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘Excess’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Excess supplies made available under this sec-
tion to support domestic emergency assistance activities 
shall be transferred to the Secretary of Homeland Secu-
rity. The Secretary of Defense may provide assistance in 
the distribution of such supplies at the request of the Sec-
retary of Homeland Security.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows:
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‘‘§ 2557. Excess nonlethal supplies: availability for hu-
manitarian relief, domestic emergency 
assistance, and homeless veterans assist-
ance’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 152 of such title is amended to read as 
follows: 
‘‘2557. Excess nonlethal supplies: availability for humanitarian relief, domestic 
emergency assistance, and homeless veterans assistance.’’. 
SEC. 361. RECOVERY OF MISSING DEPARTMENT OF DE-
FENSE PROPERTY. 
(a) IN GENERAL.—Section 2789 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 2789. Recovery of Department of Defense property: 
unauthorized or improper disposition 
‘‘(a) PROHIBITIONS.—No member of the armed 
forces, civilian employee of the Government, employee or 
agent of a contractor, or any other person may sell, lend, 
pledge, barter, give, transfer, or otherwise dispose of any 
clothing, arms, articles, equipment, or any other military 
or Department of Defense property— 
‘‘(1) to any person not authorized to receive the 
property in accordance with applicable requirements 
established by the Department of Defense or a com-
ponent thereof; or
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‘‘(2) in violation of applicable demilitarization 
regulations of the Department of Defense or a com-
ponent thereof. 
‘‘(b) SEIZURE OF IMPROPERLY DISPOSED OF PROP-
ERTY.—If a member of the armed forces, civilian employee 
of the Government, employee or agent of a contractor, or 
any other person has improperly disposed of military or 
Department of Defense property in violation of subsection 
(a), any civil or military officer of the United States or 
any State or local law enforcement official may seize the 
property, wherever found. Title to military or Department 
of Defense property disposed of in violation of subsection 
(a) remains with the United States. Possession of such 
property by a person who is neither a member of the 
armed forces nor an official of the United States is prima 
facie evidence that the property has been disposed of in 
violation of subsection (a). 
‘‘(c) DELIVERY OF SEIZED PROPERTY.—Any official 
who seizes property under subsection (b) and is not au-
thorized to retain it for the United States shall imme-
diately deliver the property to an authorized member of 
the armed forces or other authorized official of the De-
partment of Defense or the Department of Justice. 
‘‘(d) RETROACTIVE ENFORCEMENT AUTHORIZED.— 
This section shall apply to any military or Department of
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Defense property which was the subject of unauthorized 
disposition any time after January 1, 2002. This section 
shall apply to significant military equipment which was the 
subject of unauthorized disposition at any time. 
‘‘(e) SEVERABILITY CLAUSE.—In the event that any 
portion of this section is held unenforceable, all other por-
tions of this section shall remain in full force and effect. 
‘‘(f) DEFINITION.—In this section, the term ‘signifi-
cant military equipment’ means defense articles on the 
United States Munitions List for which special export con-
trols are warranted because of their capacity for substan-
tial military utility or capability.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
such section in the table of sections at the beginning of 
chapter 165 of such title is amended to read as follows: 
‘‘2789. Recovery of Department of Defense property: unauthorized or improper 
disposition.’’. 
SEC. 362. AUTHORITY FOR PAYMENT OF FULL REPLACE-
MENT VALUE FOR LOSS OR DAMAGE TO 
HOUSEHOLD GOODS IN LIMITED CASES NOT 
COVERED BY CARRIER LIABILITY. 
(a) CLAIMS AUTHORITY.— 
(1) IN
GENERAL.—Chapter 163 of title 10, 
United States Code, is amended by adding at the 
end the following new section:
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an ocean carrier that was transporting, loading, 
or unloading the goods under a Department of 
Defense contract for ocean carriage; and 
‘‘(B) the land-based portions of the trans-
portation were under contracts, in accordance 
with section 2636a of this title, that require the 
land carriers to settle claims on the basis of full 
replacement value. 
‘‘(3) A case in which— 
‘‘(A) the lost or damaged goods were 
transported or stored under a contract or solici-
tation that requires at least one of the trans-
portation service providers or carriers that han-
dled the shipment to settle claims on the basis 
of full replacement value pursuant to section 
2636a of this title; 
‘‘(B) the lost or damaged goods have been 
in the custody of more than one independent 
contractor or transportation service provider; 
and 
‘‘(C) a claim submitted to the delivering 
transportation service provider or carrier is de-
nied in whole or in part because the loss or 
damage occurred while the lost or damaged 
goods were in the custody of a prior transpor-
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tation service provider or carrier or government 
entity.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2740. Property loss: reimbursement of members and civilian employees for full 
replacement value of household effects when contractor reim-
bursement not available.’’. 
(b) EFFECTIVE DATE.—Section 2740 of title 10, 
United States Code, as added by subsection (a), shall 
apply with respect to losses incurred after the date of the 
enactment of this Act. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2011, as follows: 
(1) The Army, 569,400. 
(2) The Navy, 328,700. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 332,200. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs:
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‘‘(1) For the Army, 547,400. 
‘‘(2) For the Navy, 324,300. 
‘‘(3) For the Marine Corps, 202,100. 
‘‘(4) For the Air Force, 332,200.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2011, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 65,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 71,200. 
(7) The Coast Guard Reserve, 10,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of
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•HR 5136 EH1S 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2011, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components:
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(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,688. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,584. 
(6) The Air Force Reserve, 2,992. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2011 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,720. 
(4) For the Air National Guard of the United 
States, 22,394. 
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.—
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(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2011, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 2,520. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2011, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2011, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
(c) CONFORMING AMENDMENT TO ANNUAL LIMITA-
TION
ON NON-DUAL STATUS TECHNICIANS
FOR
THE 
ARMY NATIONAL GUARD.—Section 10217(c)(2) of title 
10, United States Code, is amended by striking ‘‘1,950’’ 
and inserting ‘‘2,870’’.
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SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2011, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated to the Department 
of Defense for military personnel for fiscal year 2011 a 
total of $138,540,700,000. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in subsection (a) supersedes
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any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2011. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy Generally 
SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINT-
MENTS AND MANDATORY RETIREMENTS. 
(a) AGE FOR ORIGINAL APPOINTMENT AS A HEALTH 
PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 
United States Code, is amended by striking ‘‘reserve’’. 
(b) ADDITIONAL CATEGORIES OF OFFICERS ELIGI-
BLE FOR DEFERRAL OF MANDATORY RETIREMENT FOR 
AGE.—Section 1251(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘the officer 
will be performing duties consisting primarily of pro-
viding patient care or performing other clinical du-
ties.’’ and inserting ‘‘the officer— 
‘‘(A) will be performing duties consisting pri-
marily of providing patient care or performing other 
clinical duties; or 
‘‘(B) is in a category of officers designated 
under subparagraph (D) of paragraph (2) whose du-
ties will consist primarily of the duties described in 
clause (i), (ii), or (iii) of such subparagraph.’’; and
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(2) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (B); 
(B) by striking the period at the end of 
subparagraph (C) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) an officer in a category of officers des-
ignated by the Secretary concerned for the purposes 
of this paragraph as consisting of officers whose du-
ties consist primarily of— 
‘‘(i) providing health care; 
‘‘(ii) performing other clinical care; or 
‘‘(iii) performing health-care related ad-
ministrative duties.’’. 
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OF-
FICERS IN THE GRADE OF W–1 BY COMMIS-
SION AND STANDARDIZATION OF WARRANT 
OFFICER APPOINTING AUTHORITY. 
(a) REGULAR OFFICERS.— 
(1) AUTHORITY FOR APPOINTMENTS BY COM-
MISSION IN WARRANT OFFICER W–1 GRADE.—The 
first sentence of section 571(b) of title 10, United 
States Code, is amended by striking ‘‘by the Sec-
retary concerned’’ and inserting ‘‘, except that, with
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respect to an armed force under the jurisdiction of 
the Secretary of a military department, the Sec-
retary may provide by regulation that appointments 
in that grade shall be made by commission’’. 
(2) APPOINTING AUTHORITY.—The second sen-
tence of section 571(b) of such title is amended by 
inserting before the period at the end the following: 
‘‘, and appointments in the grade of regular warrant 
officer, W–1 (whether by warrant or commission), 
shall be made by the President, except that appoint-
ments in that grade in the Coast Guard shall be 
made by the Secretary of Homeland Security when 
it is not operating as a service in the Department 
of the Navy’’. 
(b) RESERVE OFFICERS.—Subsection (b) of section 
12241 of such title is amended to read as follows: 
‘‘(b) Appointments in permanent reserve warrant of-
ficer grades shall be made in the same manner as is pre-
scribed for regular warrant officer grades by section 
571(b) of this title.’’. 
(c) PRESIDENTIAL FUNCTIONS.—Except as other-
wise provided by the President by Executive order, the 
provisions of Executive Order No. 13384 (10 U.S.C. 531 
note) relating to the functions of the President under the 
second sentence of section 571(b) of title 10, United
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•HR 5136 EH1S 
States Code, shall apply in the same manner to the func-
tions of the President under section 12241(b) of title 10, 
United States Code. 
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DIS-
CUSSIONS, 
DELIBERATIONS, 
NOTES, 
AND 
RECORDS OF SPECIAL SELECTION BOARDS. 
(a) NONDISCLOSURE
OF BOARD PROCEEDINGS.— 
Section 613a of title 10, United States Code, is amend-
ed— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION
ON
DISCLOSURE.—The pro-
ceedings of a selection board convened under section 573, 
611, or 628 of this title may not be disclosed to any person 
not a member of the board, except as authorized or re-
quired to process the report of the board. This prohibition 
is a statutory exemption from disclosure, as described in 
section 552(b)(3) of title 5.’’; 
(2) in subsection (b), by striking ‘‘AND 
RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) APPLICABILITY.—This section applies to all se-
lection boards convened under section 573, 611, or 628
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of this title, regardless of the date on which the board 
was convened.’’. 
(b) REPORTS
OF BOARDS.—Section 628(c)(2) of 
such title is amended by striking ‘‘sections 576(d) and 
576(f)’’ and inserting ‘‘sections 576(d), 576(f), and 
613a’’. 
(c) RESERVE BOARDS.—Section 14104 of such title 
is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION
ON
DISCLOSURE.—The pro-
ceedings of a selection board convened under section 
14101 or 14502 of this title may not be disclosed to any 
person not a member of the board, except as authorized 
or required to process the report of the board. This prohi-
bition is a statutory exemption from disclosure, as de-
scribed in section 552(b)(3) of title 5.’’; 
(2) in subsection (b), by striking ‘‘AND 
RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) APPLICABILITY.—This section applies to all se-
lection boards convened under section 14101 or 14502 of