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(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 
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(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 
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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-
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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’’. 
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(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 
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surface vessels beyond the requirement of 88 cruis-
ers and destroyers in the 313-ship fleet plan of the 
Navy. 
(3) The number of Aegis ships needed by each 
combatant commander to fulfill ballistic missile de-
fense requirements, including (in consultation with 
the Chairman of the Joints Chiefs of Staff) the 
number of such ships needed to support the phased, 
adaptive approach to ballistic missile defense in Eu-
rope. 
(4) A discussion of the potential effect of bal-
listic missile defense operations on the ability of the 
Navy to meet surface fleet demands in each geo-
graphic area and for each mission set. 
(5) An evaluation of how the Aegis ballistic 
missile defense program can succeed as part of a 
balanced fleet of adequate size and strength to meet 
the security needs of the United States. 
(6) A description of both the shortfalls and the 
benefits of expected technological advancements in 
the sea-based missile defense program. 
(7) A description of the anticipated plan for de-
ployment of Aegis ballistic missile ships within the 
context of the fleet response plan. 
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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— 
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(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-
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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 
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(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. 
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(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 
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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 
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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; 
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(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. 
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(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 
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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 
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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-
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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. 
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(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-
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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-
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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 
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(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. 
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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 
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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: 
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‘‘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-
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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-
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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. 
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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. 
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(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, 
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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. 
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(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. 
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(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, 
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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). 
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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— 
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(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. 
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(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. 
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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 
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(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 
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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 
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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. 
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(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. 
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(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 3 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-
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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-
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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— 
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(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. 
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(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 
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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. 
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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. 
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(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.— 
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(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. 
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(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 
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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 1 year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Con-
gress a testing and certification plan for the operational 
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 
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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— 
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(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.’’. 
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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 
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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 
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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. 
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(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 
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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 
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(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 
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‘‘§ 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.’’; 
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‘‘(1) in connection with law enforcement activi-
ties; 
‘‘(2) in a judicial or administrative action in-
volving the member regarding the alleged offense 
referenced in the criminal investigative report or 
index; or 
‘‘(3) in a personnel action if— 
‘‘(A) the member has been adjudged guilty 
of the alleged offense referenced in the criminal 
investigative report or index by military non-ju-
dicial or judicial proceedings or by civilian judi-
cial proceedings; 
‘‘(B) a record of the proceedings is pre-
sented in connection with the personnel action; 
and 
‘‘(C) the member is provided the oppor-
tunity to present additional information in re-
sponse to the record of the proceedings. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) INDEXING.—The term ‘indexing’ refers to 
the procedure whereby a Department of Defense 
criminal investigative agency submits identifying in-
formation concerning subjects, victims, or incidentals 
of investigations for addition to the Defense Clear-
ance and Investigations Index. 
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