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•HR 5136 EH1S 
of this title and the Secretary submits to the con-
gressional defense committees a report on such 
modification, including— 
‘‘(A) the reasons for realignment; 
‘‘(B) any increased cost that will be in-
curred by the Navy because of the realignment; 
and 
‘‘(C) an assessment of the effects that the 
realignment will have on the shipbuilding indus-
trial base, including the secondary supply base; 
or 
‘‘(3) the modification is a decrease in the num-
ber or type of combatant and support vessels of the 
Navy and the Secretary submits to the congressional 
defense committees a report on such modification, 
including— 
‘‘(A) an addendum to the most recent 
quadrennial defense review that fully explains 
and justifies the decrease with respect to the 
national security strategy of the United States 
as set forth in the most recent national security 
strategy report of the President under section 
108 of the National Security Act of 1947 (50 
U.S.C. 404a); and
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•HR 5136 EH1S 
‘‘(B) a description of the additional reviews 
and analyses considered by the Secretary after 
the previous quadrennial defense review was 
submitted that justify the decrease. 
‘‘(g) 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. 
‘‘(3) The term ‘quadrennial defense review’ 
means the review of the defense programs and poli-
cies of the United States that is carried out every 
four years under section 118 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 9 of such title is amended by 
striking the item relating to section 231 and inserting the 
following new item: 
‘‘231. Long-range plan for construction of naval vessels.’’. 
SEC. 1022. REQUIREMENTS FOR THE DECOMMISSIONING 
OF NAVAL VESSELS. 
(a) NOTICE OF DECOMMISSIONING.—The Secretary 
of the Navy may not decommission any battle force vessel
524 
•HR 5136 EH1S 
of the active fleet of the Navy unless the Secretary pro-
vides to the congressional defense committees written noti-
fication of such decommissioning in accordance with estab-
lished procedures. 
(b) CONTENT OF NOTIFICATION.—Any notification 
provided under subsection (a) shall include each of the fol-
lowing: 
(1) The reasons for the proposed decommis-
sioning of the vessel. 
(2) An analysis of the effect the decommis-
sioning would be likely to have on the deployment 
schedules of other vessels in the same class as the 
vessel proposed to be decommissioned. 
(3) A certification from the Chairman of the 
Joint Chiefs of Staff that the decommissioning of 
the vessel will not adversely affect the requirements 
of the combatant commanders to fulfill missions crit-
ical to national security. 
(4) Any budgetary implications associated with 
retaining the vessel in commission, expressed for 
each applicable appropriation account. 
SEC. 1023. REQUIREMENTS FOR THE SIZE OF THE NAVY 
BATTLE FORCE FLEET. 
(a) LIMITATION ON DECOMMISSIONING.—Until the 
number of vessels in the battle force fleet of the Navy
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•HR 5136 EH1S 
reaches 313 vessels, the Secretary of the Navy shall not 
decommission, in fiscal year 2011 or any subsequent fiscal 
year, more than two-thirds of the number of vessels slated 
for commissioning into the battle force fleet for that fiscal 
year. 
(b) TREATMENT OF SUBMARINES.—For purposes of 
subsection (a), submarines of the battle force fleet slated 
for decommissioning for any fiscal year shall not count 
against the number of vessels the Secretary of the Navy 
is required to maintain for that fiscal year. 
SEC. 1024. RETENTION AND STATUS OF CERTAIN NAVAL 
VESSELS. 
The Secretary of the Navy shall retain the vessels the 
U.S.S. Nassau (LHA 4) and the U.S.S. Peleliu (LHA 5), 
in a commissioned and operational status, until the deliv-
ery to the Navy of the vessels the U.S.S. America (LHA 
6) and the vessel designated as LHA 7, respectively. 
SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARD-
ING THE NAMING OF A NAVAL COMBAT VES-
SEL AFTER FATHER VINCENT CAPODANNO. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Father Vincent Capodanno was born on 
February 13, 1929, in Staten Island, New York.
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•HR 5136 EH1S 
(2) After attending Fordham University for a 
year, he entered the Maryknoll Missionary Seminary 
in upstate New York in 1949, and was ordained a 
Catholic priest in June 1957. 
(3) Father Capodanno’s first assignment as a 
missionary was working with aboriginal Taiwanese 
people in the mountains of Taiwan where he served 
in a parish and later in a school. After several years, 
Father Capodanno returned to the United States for 
leave and then was assigned to a Maryknoll school 
in Hong Kong. 
(4) Father Vincent Capodanno volunteered as a 
Navy Chaplain and was commissioned a Lieutenant 
in the Chaplain Corps of the United States Naval 
Reserve in December 28, 1965. 
(5) Father Vincent Capodanno selflessly ex-
tended his combat tour in Vietnam on the condition 
he was allowed to remain with the infantry. 
(6) On September 4, 1967, during a fierce bat-
tle in the Thang Binh District of the Que-Son Valley 
in Vietnam, Father Capodanno went among the 
wounded and dying, giving last rites and caring for 
the injured. He was killed that day while taking care 
of his Marines.
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•HR 5136 EH1S 
(7) On January 7, 1969, Father Vincent 
Capodanno was awarded the Medal of Honor post-
humously for comforting the wounded and dying 
during the Vietnam conflict. For his dedicated serv-
ice, Father Capodanno was also awarded the Bronze 
Star, the Purple Heart, the Presidential Unit Cita-
tion, the National Defense Service Medal, the Viet-
nam Service Medal, the Vietnam Gallantry Cross 
with Palm, and the Vietnam Campaign Medal. 
(8) In his memory, the U.S.S. Capodanno was 
commissioned on September 17, 1973. It is the only 
Naval vessel to date to have received a Papal bless-
ing by Pope John Paul II in Naples, Italy, on Sep-
tember 4, 1981. 
(9) The U.S.S. Capodanno was decommissioned 
on July 30, 1993. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Navy should name a com-
bat vessel of the United States Navy the ‘‘U.S.S. Father 
Vincent Capodanno’’, in honor of Father Vincent 
Capodanno, a lieutenant in the Navy Chaplain Corps.
528 
•HR 5136 EH1S 
Subtitle D—Counterterrorism 
SEC. 1031. EXTENSION OF CERTAIN AUTHORITY FOR MAK-
ING REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States 
Code, is amended by striking ‘‘2010’’ and inserting 
‘‘2011’’. 
SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE 
TRANSFER OR RELEASE OF INDIVIDUALS DE-
TAINED AT UNITED STATES NAVAL STATION, 
GUANTANAMO BAY, CUBA. 
None of the funds authorized to be appropriated by 
this Act may be used to transfer, release, or assist in the 
transfer or release to or within the United States, its terri-
tories, or possessions of Khalid Sheikh Mohammed or any 
other detainee who— 
(1) is not a United States citizen or a member 
of the Armed Forces of the United States; and 
(2) is or was held on or after January 20, 
2009, at United States Naval Station, Guantanamo 
Bay, Cuba, by the Department of Defense.
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•HR 5136 EH1S 
SEC. 1033. CERTIFICATION REQUIREMENTS RELATING TO 
THE TRANSFER OF INDIVIDUALS DETAINED 
AT 
NAVAL 
STATION, 
GUANTANAMO 
BAY, 
CUBA, TO FOREIGN COUNTRIES AND OTHER 
FOREIGN ENTITIES. 
(a) LIMITATION.—The Secretary of Defense may not 
use any of the amounts authorized to be appropriated by 
this Act or otherwise available to the Department of De-
fense to transfer any individual detained at Guantanamo 
to the custody or effective control of the individual’s coun-
try of origin, to any other foreign country, or to any other 
foreign entity unless the Secretary submits to Congress 
the certification described in subsection (b) by not later 
than 30 days before the transfer of the individual. 
(b) CERTIFICATION.—The certification described in 
this subsection is a written certification made by the Sec-
retary of Defense, with concurrence of the Secretary of 
State, that the government of the foreign country or the 
recognized leadership of the foreign entity to which the 
individual detained at Guantanamo is to be transferred— 
(1) is not a designated state sponsor of ter-
rorism or a designated foreign terrorist organization; 
(2) maintains effective control over each deten-
tion facility in which an individual is to be detained 
if the individual is to be housed in a detention facil-
ity;
530 
•HR 5136 EH1S 
(3) is not, as of the date of the certification, 
facing a threat that is likely to substantially affect 
its ability to exercise control over the individual; 
(4) has agreed to take effective steps to ensure 
that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the fu-
ture; 
(5) has taken such steps as the Secretary deter-
mines are necessary to ensure that the individual 
cannot engage or re-engage in any terrorist activity; 
and 
(6) has agreed to share any information with 
the United States that— 
(A) is related to the individual or any asso-
ciates of the individual; and 
(B) could affect the security of the United 
States, its citizens, or its allies. 
(c) PROHIBITION AND WAIVER IN CASES OF PRIOR 
CONFIRMED RECIDIVISM.— 
(1) PROHIBITION.—The Secretary of Defense 
may not use any amount authorized to be appro-
priated or otherwise made available to the Depart-
ment of Defense to transfer any individual detained 
at Guantanamo to the custody of the individual’s 
country of origin, to any other foreign country, or to
531 
•HR 5136 EH1S 
any other foreign entity if there is a confirmed case 
of any individual who was detained at United States 
Naval Station, Guantanamo Bay, Cuba, at any time 
after September 11, 2001, who was transferred to 
the foreign country or entity and subsequently en-
gaged in any terrorist activity. 
(2) WAIVER.—The Secretary of Defense may 
waive the prohibition in paragraph (1) if the Sec-
retary determines that such a transfer is in the na-
tional security interests of the United States and in-
cludes, as part of the certification described in sub-
section (b) relating to such transfer, the determina-
tion of the Secretary under this paragraph. 
(d) DEFINITIONS.—For the purposes of this section: 
(1) The term ‘‘individual detained at Guanta-
namo’’ means any individual who is located at 
United States Naval Station, Guantanamo Bay, 
Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or 
a member of the Armed Forces of the United 
States; and 
(B) is— 
(i) in the custody or under the effec-
tive control of the Department of Defense; 
or
532 
•HR 5136 EH1S 
(ii) otherwise under detention at 
United States Naval Station, Guantanamo 
Bay, Cuba. 
(2) The term ‘‘foreign terrorist organization’’ 
means any organization so designated by the Sec-
retary of State under section 219 of the Immigra-
tion and Nationality Act (8 U.S.C. 1189). 
SEC. 1034. PROHIBITION ON THE USE OF FUNDS TO MOD-
IFY OR CONSTRUCT FACILITIES IN THE 
UNITED 
STATES 
TO 
HOUSE 
DETAINEES 
TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—None of the funds authorized to 
be appropriated by this Act may be used to construct or 
modify any facility in the United States, its territories, 
or possessions to house any individual described in sub-
section (c) for the purposes of detention or imprisonment 
in the custody or under the effective control of the Depart-
ment of Defense. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any modification of facilities at United 
States Naval Station, Guantanamo Bay, Cuba. 
(c) INDIVIDUALS DESCRIBED.—An individual de-
scribed in this subsection is any individual who, as of Oc-
533 
•HR 5136 EH1S 
tober 1, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense; or 
(B) otherwise under detention at United 
States Naval Station, Guantanamo Bay, Cuba. 
(d) REPORT ON USE OF FACILITIES IN THE UNITED 
STATES
TO HOUSE DETAINEES TRANSFERRED FROM 
GUANTANAMO.— 
(1) REPORT REQUIRED.—Not later than April 
1, 2011, the Secretary of Defense shall submit to 
the congressional defense committees a report, in 
classified or unclassified form, on the merits, costs, 
and risks of using any proposed facility in the 
United States, its territories, or possessions to house 
any individual described in subsection (c) for the 
purposes of detention or imprisonment in the cus-
tody or under the effective control of the Depart-
ment of Defense.
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•HR 5136 EH1S 
(2) ELEMENTS OF THE REPORT.—The report 
required in paragraph (1) shall include each of the 
following: 
(A) A discussion of the merits associated 
with any such proposed facility that would jus-
tify— 
(i) using the facility instead of the fa-
cility at United States Naval Station, 
Guantanamo Bay, Cuba; and 
(ii) the proposed facility’s contribution 
to effecting a comprehensive policy for con-
tinuing military detention operations. 
(B) The rationale for selecting the specific 
site for any such proposed facility, including de-
tails for the processes and criteria used for 
identifying the merits described in subpara-
graph (A) and for selecting the proposed site 
over reasonable alternative sites. 
(C) A discussion of any potential risks to 
any community in the vicinity of any such pro-
posed facility, the measures that could be taken 
to mitigate such risks, and the likely cost to the 
Department of Defense of implementing such 
measures.
535 
•HR 5136 EH1S 
(D) A discussion of any necessary modi-
fications to any such proposed facility to ensure 
that any detainee transferred from Guantanamo 
Bay to such facility could not come into contact 
with any other individual, including any other 
person detained at such facility, that is not ap-
proved for such contact by the Department of 
Defense, and an assessment of the likely costs 
of such modifications. 
(E) A discussion of any support at the site 
of any such proposed facility that would likely 
be provided by the Department of Defense, in-
cluding the types of support, the number of per-
sonnel required for each such type, and an esti-
mate of the cost of such support. 
(F) A discussion of any support, other 
than support provided at a proposed facility, 
that would likely be provided by the Depart-
ment of Defense for the operation of any such 
proposed facility, including the types of possible 
support, the number of personnel required for 
each such type, and an estimate of the cost of 
such support. 
(G) A discussion of the legal issues, in the 
judgment of the Secretary of Defense, that
536 
•HR 5136 EH1S 
could be raised as a result of detaining or im-
prisoning any individual described in subsection 
(c) at any such proposed facility that could not 
be raised while such individual is detained or 
imprisoned at United States Naval Station, 
Guantanamo Bay, Cuba. 
SEC. 1035. COMPREHENSIVE REVIEW OF FORCE PROTEC-
TION POLICIES. 
(a) COMPREHENSIVE REVIEW REQUIRED.—The Sec-
retary of Defense shall conduct a comprehensive review 
of Department of Defense policies, regulations, instruc-
tions, and directives pertaining to force protection within 
the Department. 
(b) MATTERS COVERED.—The review required under 
subsection (a) shall include an assessment of each of the 
following: 
(1) Information sharing practices across the 
Department of Defense, and among the State, local, 
and Federal partners of the Department of Defense. 
(2) Antiterrorism and force protection stand-
ards relating to standoff distances for buildings. 
(3) Protective standards relating to chemical, 
biological, radiological, nuclear, and high explosives 
threats.
537 
•HR 5136 EH1S 
(4) Standards relating to access to Department 
bases. 
(5) Standards for identity management within 
the Department, including such standards for iden-
tity cards and biometric identifications systems. 
(6) Procedures for validating and approving in-
dividuals with regular or episodic access to military 
installations, including military personnel, civilian 
employees, contractors, family members of per-
sonnel, and other types of visitors. 
(7) Procedures for sharing with appropriate De-
partment of Defense officials— 
(A) information from the intelligence or 
law enforcement community regarding possible 
contacts with terrorists or terrorist groups, 
criminal organizations, or other state and non- 
state foreign entities actively working to under-
mine the security interests of the United States; 
and 
(B) personnel records or other derogatory 
information regarding potentially suspicious ac-
tivities. 
(8) Any legislative changes recommended for 
implementing the recommendations contained in the 
review.
538 
•HR 5136 EH1S 
(c) INTERIM REPORT.—Not later than March 1, 
2011, the Secretary of Defense shall submit an interim 
report on the comprehensive report required under sub-
section (a). 
(d) FINAL REPORT.—Not later than June 1, 2011, 
the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Represent-
atives a final report on the comprehensive review required 
under subsection (a). The final report shall include such 
findings and recommendations as the Secretary considers 
appropriate based on the review, including recommended 
actions to be taken to implement the specific recommenda-
tions in the final report. The final report shall be sub-
mitted in an unclassified format, but may include a classi-
fied annex. 
SEC. 1036. FORT HOOD FOLLOW-ON REVIEW IMPLEMENTA-
TION FUND. 
(a) ESTABLISHMENT OF FUND.—Of the amounts au-
thorized to be appropriated under section 301(5), the Sec-
retary of Defense shall deposit $100,000,000 into a fund 
to be known as the ‘‘Fort Hood Follow-on Review Imple-
mentation Fund’’. Amounts deposited in the Fund shall 
be available to the Secretary to address the recommenda-
tions contained in the review known as the ‘‘Fort Hood 
Follow-on Review’’.
539 
•HR 5136 EH1S 
(b) TRANSFER AUTHORITY.— 
(1) TRANSFERS AUTHORIZED.—Amounts in the 
Fort Hood Follow-on Review Implementation Fund 
may be transferred to any of the following accounts 
and funds of the Department of Defense for the pur-
pose of addressing any of the recommendations con-
tained the Fort Hood Follow-on Review: 
(A) Military personnel accounts. 
(B) Operation and maintenance accounts. 
(C) Procurement accounts. 
(D) Research, development, test, and eval-
uation accounts. 
(E) Defense working capital funds. 
(F) Defense Health Program accounts. 
(2) ADDITIONAL TRANSFER AUTHORITY.—The 
transfer authority provided by paragraph (1) is in 
addition to any other transfer authority available to 
the Department of Defense. 
(3) TRANSFERS BACK TO THE FUND.—Upon 
the Secretary’s determination that all or part of the 
funds transferred from the Fort Hood Follow-on Re-
view Implementation Fund under paragraph (1) are 
not necessary for the purpose for which such funds 
were transferred, such funds may be transferred 
back to the Fund.
540 
•HR 5136 EH1S 
(4) PRIOR NOTICE TO CONGRESSIONAL COMMIT-
TEES.— 
(A) OBLIGATIONS.—No amount may be 
obligated from the Fort Hood Follow-on Review 
Implementation Fund until 30 days after the 
date on which the Secretary of Defense notifies 
the congressional defense committees, in writ-
ing, of the details of the proposed obligation. 
(B) TRANSFERS.—No amount may be 
transferred under paragraph (1) until 45 days 
after the date on which the Secretary of De-
fense notifies the congressional defense commit-
tees, in writing, of the details of the proposed 
transfer. 
(5) EFFECT ON AUTHORIZATION AMOUNTS.—A 
transfer to any account under paragraph (1) shall be 
deemed to increase the amount authorized to be ap-
propriated for such account for fiscal year 2011 by 
an amount equal to the amount so transferred. 
(c) QUARTERLY OBLIGATION
AND EXPENDITURE 
REPORTS.—Not later than 15 days after the end of each 
fiscal quarter of fiscal year 2011, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the Fort Hood Follow-on Review Implementation 
Fund. Such reports shall include explanations of the
541 
•HR 5136 EH1S 
monthly commitments, obligations, and expenditures of 
such Fund, expressed by line of action, for the fiscal quar-
ter covered by the report. 
SEC. 1037. INSPECTOR GENERAL INVESTIGATION OF THE 
CONDUCT AND PRACTICES OF LAWYERS REP-
RESENTING 
INDIVIDUALS 
DETAINED 
AT 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Defense shall conduct an investigation of the 
conduct and practices of lawyers described in subsection 
(b). In conducting such investigation, the Inspector Gen-
eral shall— 
(1) identify any conduct or practice of such a 
lawyer that has— 
(A) interfered with the operations of the 
Department of Defense at Naval Station, Guan-
tanamo Bay, Cuba, relating to individuals de-
scribed in subsection (c); 
(B) violated any applicable policy of the 
Department; 
(C) violated any law of the United States; 
or 
(D) generated any material risk to a mem-
ber of the Armed Forces of the United States;
542 
•HR 5136 EH1S 
(2) identify any actions taken by the Depart-
ment to address any conduct or practice identified in 
paragraph (1); and 
(3) determine whether any such conduct or 
practice undermines the operations of the Depart-
ment relating to such individuals. 
(b) LAWYERS DESCRIBED.—The lawyers described in 
this subsection are military and non-military lawyers— 
(1) who represent individuals described in sub-
section (c) in proceedings relating to petitions for 
habeas corpus or in military commissions; and 
(2) for whom there is reasonable suspicion that 
they have engaged in conduct or practices described 
in subsection (a)(1). 
(c) INDIVIDUALS DESCRIBED.—An individual de-
scribed in this subsection is any individual who is located, 
or who has been located at any time on or after September 
11, 2001, at United States Naval Station, Guantanamo 
Bay, Cuba, and who— 
(1) is not a citizen of the United States or a 
member of the Armed Forces of the United States; 
and 
(2) is or was— 
(A) in the custody or under the effective 
control of the Department of Defense; or
543 
•HR 5136 EH1S 
(B) otherwise under detention at the 
United States Naval Station, Guantanamo Bay, 
Cuba. 
(d) REPORT.—Not later than 90 days after the date 
of the completion of an investigation under subsection (a), 
the Inspector General shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report describing the results of such investigation. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as authorizing the public disclosure 
of information that is— 
(1) specifically prohibited from disclosure by 
any other provision of law; 
(2) specifically required by Executive order to 
be protected from disclosure in the interest of na-
tional defense or national security; or 
(3) a part of an ongoing criminal investigation. 
SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MI-
RANDA WARNINGS TO AL QAEDA TERROR-
ISTS. 
None of the funds authorized to be appropriated in 
this Act or otherwise made available to the Department 
of Defense shall be used in violation of section 1040 of 
the National Defense Authorization Act for Fiscal Year
544 
•HR 5136 EH1S 
2010 (Public Law 111–84; 123 Stat. 2454; 10 U.S.C. 801 
note). 
Subtitle E—Studies and Reports 
SEC. 1041. DEPARTMENT OF DEFENSE AEROSPACE-RE-
LATED MISHAP SAFETY INVESTIGATION RE-
PORTS. 
(a) PROVISION OF BRIEFINGS.—Not later than 30 
days after the submittal of a written request by the chair-
man and ranking member of any of the congressional de-
fense committees, the Secretary of a military department 
shall provide to that committee a briefing on the privileged 
findings, causal factors, and recommendations contained 
in a specific Department of Defense aerospace-related mis-
hap safety investigation report. 
(b) BRIEFING ATTENDANCE.—A briefing provided 
under subsection (a) may be attended only by the following 
individuals: 
(1) The chairman of the congressional defense 
committee for which the briefing is provided. 
(2) The ranking member of that committee. 
(3) The chairmen and ranking members of any 
subcommittees of that committee that the committee 
chairman and ranking member jointly designate as 
having jurisdiction over information contained in the 
briefing.
545 
•HR 5136 EH1S 
(4) Not more than four professional staff mem-
bers designated jointly by the chairman and ranking 
member of the committee. 
(c) AVAILABILITY OF REPORTS.—During a briefing 
provided under subsection (a), two copies of the privileged 
version of the mishap safety investigation report that is 
the subject of the briefing shall be made available for re-
view by each of the individuals who attend the briefing 
pursuant to subsection (b). Each copy of the report shall 
be returned to the Department of Defense at the conclu-
sion of the briefing. 
(d) DEPARTMENT
OF
DEFENSE
AEROSPACE-RE-
LATED MISHAP REPORTING REQUIREMENT.—The chair-
person who is appointed by the Secretary of a military 
department for the purpose of conducting an aerospace- 
related mishap safety board investigation, shall include as 
an addendum in the privileged safety report a discussion— 
(1) comparing and contrasting all of the find-
ings, causal factors, and recommendations contained 
in the non-privileged, publicly-released version of the 
aerospace-related mishap investigation report; 
(2) describing how such findings, causal factors, 
and recommendations differ from the findings, caus-
al factors, and recommendations contained in the 
privileged version of the safety report; and
546 
•HR 5136 EH1S 
(3) the rationale that justifies any such dif-
ferences. 
SEC. 1042. INTERAGENCY NATIONAL SECURITY KNOWL-
EDGE AND SKILLS. 
(a) STUDY REQUIRED.— 
(1) SELECTION OF INDEPENDENT STUDY ORGA-
NIZATION.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense 
shall select and enter into an agreement with an ap-
propriate independent, nonprofit organization to 
conduct a study of the matters described in sub-
section (b). 
(2) QUALIFICATIONS
OF
ORGANIZATION
SE-
LECTED.—The organization selected shall be quali-
fied on the basis of having performed related prior 
work in the fields of national security and human 
capital development, and on the basis of such other 
criteria as the Secretary of Defense may determine. 
(b) MATTERS TO BE COVERED.—The study required 
by subsection (a) shall assess the current state of inter-
agency national security knowledge and skills in Depart-
ment of Defense civilian and military personnel, and make 
recommendations for strengthening such knowledge and 
skills. At minimum, the study shall include assessments 
and recommendations on—
547 
•HR 5136 EH1S 
(1) interagency national security training, edu-
cation, and rotational assignment opportunities 
available to civilians and military personnel; 
(2) integration of interagency national security 
education into the professional military education 
system; 
(3) level of interagency national security knowl-
edge and skills possessed by personnel currently 
serving in civilian executive and general or flag offi-
cer positions, as represented by the interagency edu-
cation, training, and professional experiences they 
have undertaken; 
(4) incentives that enable and encourage mili-
tary and civilian personnel to undertake interagency 
assignment, education, and training opportunities, 
as well as disincentives and obstacles that discourage 
undertaking such opportunities; and 
(5) any plans or current efforts to improve the 
interagency national security knowledge and skills of 
civilian and military personnel. 
(c) REPORT.—Not later than December 1, 2011, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report containing the findings and rec-
ommendations from the study required by subsection (a).
548 
•HR 5136 EH1S 
(d) DEFINITION.—In this section, the term ‘‘inter-
agency national security knowledge and skills’’ means an 
understanding of, and the ability to efficiently and expedi-
tiously work within, the structures, mechanisms, and proc-
esses by which the departments, agencies, and elements 
of the Federal Government that have national security 
missions coordinate and integrate their policies, capabili-
ties, budgets, expertise, and activities to accomplish such 
missions. 
SEC. 1043. REPORT ON ESTABLISHING A NORTHEAST RE-
GIONAL JOINT TRAINING CENTER. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the need for the establishment of a 
Northeast Regional Joint Training Center. 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) A list of facilities in the Northeastern 
United States at which, as of the date of the enact-
ment of this Act, the Department of Defense has de-
ployed or has committed to deploying a joint train-
ing experimentation network. 
(2) The extent to which such facilities have suf-
ficient unused capacity and expertise to accommo-
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date and fully utilize a permanent joint training ex-
perimentation node. 
(3) A list of potential locations for the regional 
center discussed in the report. 
(c) CONSIDERATIONS WITH RESPECT
TO LOCA-
TION.—In determining potential locations for the regional 
center of excellence to be discussed in the report required 
under subsection (a), the Secretary of Defense shall take 
into consideration Department of Defense facilities that 
have— 
(1) a workforce of skilled personnel; 
(2) live, virtual, and constructive training capa-
bilities, and the ability to digitally connect them and 
the associated battle command structure at the tac-
tical and operational levels; 
(3) an extensive deployment history in Oper-
ation Enduring Freedom and Operation Iraqi Free-
dom; 
(4) a location in the Northeastern United 
States; 
(5) an existing and permanent joint training 
and experimentation network node; 
(6) the capacity or potential capacity to accom-
modate a target training audience of up to 4000 ad-
ditional personnel; and
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(7) the capability to accommodate the training 
of current and future Army and Air Force un-
manned aircraft systems. 
SEC. 1044. COMPTROLLER GENERAL REPORT ON PRE-
VIOUSLY REQUESTED REPORTS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2011, the Comptroller General of the United States shall 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report evaluating the sufficiency, ade-
quacy, and conclusions of following reports: 
(1) The report on Air Force fighter force short-
falls, as required by the report of the House of Rep-
resentatives numbered 111–166, which accompanied 
the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84). 
(2) The report on procurement of 4.5 genera-
tion fighters, as required by section 131 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2218). 
(3) The report on combat air forces restruc-
turing, as required by the report of the House of 
Representatives numbered 111–288, which accom-
panied the conference report for the National De-
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fense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 111–84). 
(b) MATTERS COVERED BY REPORT.—The report re-
quired by subsection (a) shall examine the potential costs 
and benefits of each of the following: 
(1) The service life extension program costs to 
sustain the legacy fighter fleet to meet inventory re-
quirements with an emphasis on the service life ex-
tension program compared to other options such as 
procurement of 4.5 generation fighters. 
(2) The Falcon Structural Augmentation Road-
map of F–16s, with emphasis on the cost-benefit of 
such effort and the effect of such efforts on the serv-
ice life of the airframes. 
(3) Any additional programs designed to extend 
the service life of legacy fighter aircraft. 
(c) PROHIBITION.—No fighter aircraft may be retired 
from the Air Force or the Air National Guard inventory 
in fiscal year 2011 until 180 days after the receipt by the 
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
of the report required under subsection (a). 
SEC. 1045. REPORT ON NUCLEAR TRIAD. 
(a) REPORT.—Not later than March 1, 2011, the 
Secretary of Defense, in consultation with the Adminis-
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trator for Nuclear Security, shall submit to the congres-
sional defense committees a report on the nuclear triad. 
(b) MATTERS INCLUDED.—The report under sub-
section (a) shall include the following: 
(1) A detailed discussion of the modernization 
and sustainment plans for each component of the 
nuclear triad over the 20-year period beginning on 
the date of the report. 
(2) The funding required for each platform of 
the nuclear triad with respect to operations and 
maintenance, modernization, and replacement. 
(3) Any industrial capacities that the Secretary 
considers vital to ensure the viability of the nuclear 
triad. 
(c) NUCLEAR TRIAD DEFINED.—In this section, the 
term ‘‘nuclear triad’’ means the nuclear deterrent capabili-
ties of the United States composed of ballistic missile sub-
marines, land-based missiles, and strategic bombers. 
SEC. 1046. CYBERSECURITY STUDY AND REPORT. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) cybersecurity is one of the most serious na-
tional security challenges facing the United States; 
and
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(2) it is critical that the Department of Defense 
develop technological solutions that ensure the secu-
rity and freedom of action of the Department while 
operating in the cyber domain. 
(b) STUDY.—The Secretary of Defense shall conduct 
a study assessing— 
(1) the current use of, and potential applica-
tions of, modeling and simulation tools to identify 
likely cybersecurity methodologies and vulnerabilities 
within the Department of Defense. 
(2) the application of modeling and simulation 
technology to develop strategies and programs to 
deter hostile or malicious activity intended to com-
promise Department of Defense information sys-
tems. 
(c) REPORT.—Not later than January 1, 2012, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the 
Senate a report containing the results of the study con-
ducted under subsection (b), including recommendations 
on possible options for increasing the use of simulation 
tools to further strengthen the cybersecurity environment 
of the Department of Defense.
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(d) FORM.—The report required under subsection (c) 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD RE-
GIONS IN DEPARTMENTS AND AGENCIES 
WITH INTERNATIONAL RESPONSIBILITIES. 
(a) STUDY REQUIRED.—The President shall commis-
sion a study to assess the need for and implications of 
a common alignment of world regions in the internal orga-
nization of departments and agencies of the Federal Gov-
ernment with international responsibilities. 
(b) PARTICIPATING
DEPARTMENTS
AND
AGEN-
CIES.—The following departments and agencies, at a min-
imum, shall participate in the study: 
(1) The Department of Defense, including the 
combatant commands. 
(2) The Department of State. 
(3) The United States Agency for International 
Development. 
(4) The Department of Justice. 
(5) The Department of Commerce. 
(6) The Department of the Treasury. 
(7) The intelligence community. 
(8) Such other departments and agencies as the 
President considers appropriate.
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(c) COOPERATION AND ACCESS.—The heads of the 
departments and agencies participating in the study shall 
provide full cooperation with, and access to appropriate 
information to, the team carrying out the study. 
(d) MATTERS COVERED.—The study required under 
subsection (a) shall, at a minimum, assess— 
(1) the problems resulting from different geo-
graphic boundaries within the various departments 
and agencies; 
(2) potential obstacles to implementing a com-
mon alignment; 
(3) the advantages and disadvantages of a com-
mon alignment; and 
(4) impediments to interagency coordination be-
cause of differing regional authority levels. 
(e) REPORT.—The President shall submit to Con-
gress a report on the study required under subsection (a) 
not later than 180 days after the date of the enactment 
of this Act. 
SEC. 1048. REQUIRED REPORTS CONCERNING BOMBER 
MODERNIZATION, SUSTAINMENT, AND RE-
CAPITALIZATION EFFORTS IN SUPPORT OF 
THE NATIONAL DEFENSE STRATEGY. 
(a) AIR FORCE REPORT.—
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(1) REPORT REQUIRED.—Not later than 360 
days after the date of the enactment of this Act, the 
Secretary of the Air Force shall submit to the con-
gressional defense committees, the Director of the 
Congressional Budget Office, and the Comptroller 
General of the United States a report that in-
cludes— 
(A) a discussion of the cost, schedule, and 
performance of all currently planned efforts to 
modernize and keep viable the existing B–1, B– 
2, and B–52 bomber fleets and a discussion of 
the forecasted service-life and all sustainment 
challenges that the Secretary of the Air Force 
may confront in keeping those platforms viable 
until the retirement of such aircraft; 
(B) a discussion, presented in a compari-
son and contrast type format, of the scope of 
the 2007 Next-Generation Long Range Strike 
Analysis of Alternatives guidance and subse-
quent Analysis of Alternatives report tasked by 
the Under Secretary of Defense for Acquisition, 
Technology, and Logistics in the September 11, 
2006, Acquisition Decision Memorandum, as 
compared to the scope and directed guidance of 
the year 2010 Long Range Strike Study effort
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currently being conducted by the Under Sec-
retary of Defense for Policy and the Office of 
the Secretary of Defense’s Cost Assessment and 
Program Evaluation Office; 
(C) a discussion of an objectivity and suffi-
ciency review of the final report issued subse-
quent to the 2010 Long Range Strike study ef-
fort currently being conducted by the Under 
Secretary of Defense for Policy and the Office 
of the Secretary of Defense’s Cost Assessment 
and Program Evaluation Office; 
(D) a discussion of the progress of efforts 
to field a next generation long-range strike plat-
form, including a review of— 
(i) the next generation long-range 
strike requirements development and vali-
dation; 
(ii) the threshold and objective key 
performance parameters; 
(iii) the acquisition strategy, the ac-
quisition oversight strategy, projected life- 
cycle costs, the cost-risk analysis, the tech-
nology readiness levels of planned capabili-
ties; and
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•HR 5136 EH1S 
(iv) the development, testing, produc-
tion and fielding timelines; 
(E) a discussion of the costs, development, 
testing, fielding and operational employment 
challenges, capability gaps, limitations and 
shortfalls of the Secretary of Defense’s plan to 
field a long-range, penetrating, survivable, per-
sistent and enduring ‘‘family of systems’’ as 
compared to the development, testing, fielding 
and operational employment of a singular plat-
form that encompasses all the required afore-
mentioned characteristics; and 
(F) a discussion of the planning efforts for 
developing and fielding a transformational long- 
range strike capability in the 2035 timeframe. 
(2) PREPARATION
OF
REPORT.—The report 
under paragraph (1) shall be prepared by the Insti-
tute for Defense Analyses and submitted to the Sec-
retary of the Air Force for submittal by the Sec-
retary in accordance with that paragraph. 
(b) COST ANALYSIS AND PROGRAM EVALUATION RE-
PORT.—The Director of the Cost Analysis and Program 
Evaluation of the Office of the Secretary of Defense shall 
submit to the congressional defense committees, the Direc-
tor of the Congressional Budget Office, and the Comp-
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(2) PROMPT ACCESS DEFINED.—For purposes 
of paragraph (1), the term ‘‘prompt access’’ means 
access provided not later than 15 business days after 
receiving a request. 
Subtitle F—Other Matters 
SEC. 1051. NATIONAL DEFENSE PANEL. 
Subsection (f) of section 118 of title 10, United 
States Code, is amended to read as follows: 
‘‘(f) NATIONAL DEFENSE PANEL.— 
‘‘(1) ESTABLISHMENT.—Not later than Feb-
ruary 1 of a year in which a quadrennial defense re-
view is conducted under this section, there shall be 
established a bipartisan, independent panel to be 
known as the National Defense Panel (in this sec-
tion referred to as the ‘Panel’). The Panel shall have 
the duties set forth in this subsection. 
‘‘(2) MEMBERSHIP.—The Panel shall be com-
posed of ten members who are recognized experts in 
matters relating to the national security of the 
United States. Eight of the members shall be ap-
pointed as follows: 
‘‘(A) Two by the chairman of the Com-
mittee on Armed Services of the House of Rep-
resentatives.
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‘‘(B) Two by the chairman of the Com-
mittee on Armed Services of the Senate. 
‘‘(C) Two by the ranking member of the 
Committee on Armed Services of the House of 
Representatives. 
‘‘(D) Two by the ranking member of the 
Committee on Armed Services of the Senate. 
‘‘(3) CO-CHAIRS OF THE PANEL.—In addition 
to the members appointed under paragraph (2), the 
Secretary of Defense shall appoint two members, one 
from each of the major political parties, to serve as 
co-chairs of the panel. 
‘‘(4) PERIOD OF APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Panel. 
Any vacancy in the Panel shall be filled in the same 
manner as the original appointment. 
‘‘(5) DUTIES.—The Panel shall have the fol-
lowing duties with respect to a quadrennial defense 
review: 
‘‘(A) Not later than March 1 of a year in 
which the review is conducted, the Panel shall 
submit to the Secretary of Defense a report 
that sets the parameters and provide guidance 
to the Secretary on the conduct of the review. 
The report of the Panel under this subpara-
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•HR 5136 EH1S 
graph shall, at a minimum, include such guid-
ance as is necessary to ensure that the review 
is conducted in a manner that provides for ade-
quately addressing all elements listed in sub-
section (d). 
‘‘(B) While the review is being conducted, 
the Panel shall review the updates from the 
Secretary of Defense required under paragraph 
(8) on the conduct of the review. 
‘‘(C) The Panel shall— 
‘‘(i) review the Secretary of Defense’s 
terms of reference and any other materials 
providing the basis for, or substantial in-
puts to, the work of the Department of 
Defense on the quadrennial defense review; 
‘‘(ii) conduct an assessment of the as-
sumptions, strategy, findings, and risks of 
the report on the quadrennial defense re-
view required in subsection (d), with par-
ticular attention paid to the risks described 
in that report; 
‘‘(iii) conduct an independent assess-
ment of a variety of possible force struc-
tures of the armed forces, including the 
force structure identified in the report on
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•HR 5136 EH1S 
the quadrennial defense review required in 
subsection (d); 
‘‘(iv) review the resource requirements 
identified pursuant to subsection (b)(3) 
and, to the extent practicable, make a gen-
eral comparison to the resource require-
ments to support the forces contemplated 
under the force structures assessed under 
subparagraph (C); and 
‘‘(v) provide to Congress and the Sec-
retary of Defense, through the report 
under paragraph (7), any recommenda-
tions it considers appropriate for their con-
sideration. 
‘‘(6) FIRST MEETING.—If the Secretary of De-
fense has not made the Secretary’s appointments to 
the Panel under paragraph (3) by February 1 of a 
year in which a quadrennial defense review is con-
ducted under this section, the Panel shall convene 
for its first meeting with the remaining members. 
‘‘(7) REPORT.—Not later than 3 months after 
the date on which the report on a quadrennial de-
fense review is submitted under subsection (d) to the 
congressional committees named in that subsection, 
the Panel established under paragraph (1) shall sub-
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mit to those committees an assessment of the quad-
rennial defense review, including a description of the 
items addressed under paragraph (5) with respect to 
that quadrennial defense review. 
‘‘(8) UPDATES
FROM
SECRETARY
OF
DE-
FENSE.—The Secretary of Defense shall periodically, 
but not less often than every 30 days, brief the 
Panel on the progress of the conduct of a quadren-
nial defense review under subsection (a). 
‘‘(9) ADMINISTRATIVE PROVISIONS.— 
‘‘(A) The Panel may secure directly from 
the Department of Defense and any of its com-
ponents such information as the Panel con-
siders necessary to carry out its duties under 
this subsection. The head of the department or 
agency concerned shall ensure that information 
requested by the Panel under this paragraph is 
promptly provided. 
‘‘(B) Upon the request of the co-chairs of 
the Panel, the Secretary of Defense shall make 
available to the Panel the services of any feder-
ally funded research and development center 
that is covered by a sponsoring agreement of 
the Department of Defense.
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‘‘(C) The Panel shall have the authorities 
provided in section 3161 of title 5, United 
States Code, and shall be subject to the condi-
tions set forth in such section. 
‘‘(D) Funds for activities of the Panel shall 
be provided from amounts available to the De-
partment of Defense. 
‘‘(10) TERMINATION.—The Panel for a quad-
rennial defense review shall terminate 45 days after 
the date on which the Panel submits its final report 
on the quadrennial defense review under paragraph 
(7).’’. 
SEC. 1052. QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the quadrennial defense review is a critical stra-
tegic document and should be based upon a process uncon-
strained by budgetary influences so that such influences 
do not determine or limit its outcome. 
(b) RELATIONSHIP OF QUADRENNIAL DEFENSE RE-
VIEW TO DEFENSE BUDGET.—Paragraph (4) of section 
118(b) of title 10, United States Code, is amended to read 
as follows: 
‘‘(4) to make recommendations that will not be 
influenced, constrained, or informed by the budget
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•HR 5136 EH1S 
submitted to Congress by the President pursuant to 
section 1105 of title 31.’’. 
SEC. 1053. SALE OF SURPLUS MILITARY EQUIPMENT TO 
STATE AND LOCAL HOMELAND SECURITY 
AND EMERGENCY MANAGEMENT AGENCIES. 
(a) STATE AND LOCAL AGENCIES TO WHICH SALES 
MAY BE MADE.—Section 2576 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘local law enforcement and 
firefighting’’ and inserting ‘‘local law enforce-
ment, firefighting, homeland security, and 
emergency management’’; and 
(B) by striking ‘‘carrying out law enforce-
ment and firefighting activities’’ and inserting 
‘‘carrying out law enforcement, firefighting, 
homeland security, and emergency management 
activities’’; and 
(2) in subsection (b), by striking ‘‘law enforce-
ment or firefighting’’ both places it appears and in-
serting ‘‘law enforcement, firefighting, homeland se-
curity, or emergency management’’. 
(b) TYPES OF EQUIPMENT THAT MAY BE SOLD.— 
Subsection (a) of such section, as amended by subsection 
(a) of this section, is further amended by striking ‘‘and
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•HR 5136 EH1S 
protective body armor’’ and inserting ‘‘personal protective 
equipment, and other appropriate equipment’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 2576. Surplus military equipment: sale to State and 
local law enforcement, firefighting, home-
land security, and emergency manage-
ment agencies’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 153 of such title is amended to read as 
follows: 
‘‘2576. Surplus military equipment: sale to State and local law enforcement, 
firefighting, homeland security, and emergency management 
agencies.’’. 
SEC. 1054. DEPARTMENT OF DEFENSE RAPID INNOVATION 
PROGRAM. 
(a) PROGRAM ESTABLISHED.—The Secretary of De-
fense shall establish a program to accelerate the fielding 
of innovative technologies developed using Department of 
Defense research funding and the commercialization of 
such technologies. Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall issue 
guidelines for the operation of the program, including—
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•HR 5136 EH1S 
(1) criteria for an application for funding by a 
military department, defense agency, or the unified 
combatant command for special operations forces; 
(2) the purposes for which such a department, 
agency, or command may apply for funds and appro-
priate requirements for technology development or 
commercialization to be supported using program 
funds; 
(3) the priorities, if any, to be provided to field 
or commercialize technologies developed by certain 
types of Department of Defense research funding; 
and 
(4) criteria for evaluation of an application for 
funding by a department, agency, or command. 
(b) APPLICATIONS FOR FUNDING.— 
(1) IN GENERAL.—Under the program, the Sec-
retary shall, not less often than annually, solicit 
from the heads of the military departments, the de-
fense agencies, and the unified combatant command 
for special operations forces applications for funding 
to be used to enter into contracts, cooperative agree-
ments, or other transaction agreements entered into 
pursuant to section 845 of the National Defense Au-
thorization Act for Fiscal Year 1994 (Public Law 
103–160; 107 Stat. 1721; 10 U.S.C. 2371 note)
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•HR 5136 EH1S 
with appropriate entities for the fielding or commer-
cialization of technologies. 
(2) TREATMENT PURSUANT TO CERTAIN CON-
GRESSIONAL RULES.—Nothing in this section shall 
be interpreted to require any official of the Depart-
ment of Defense to provide funding under this sec-
tion to any earmark as defined pursuant to House 
Rule XXI, clause 9, or any congressionally directed 
spending item as defined pursuant to Senate Rule 
XLIV, paragraph 5. 
(c) FUNDING.—Subject to the availability of appro-
priations for such purpose, of the amounts authorized to 
be appropriated for research, development, test, and eval-
uation, defense-wide for each of fiscal years 2011 through 
2015, not more than $500,000,000 may be used for any 
such fiscal year for the program established under sub-
section (a). 
(d) TRANSFER AUTHORITY.—The Secretary may 
transfer funds available for the program to the research, 
development, test, and evaluation accounts of a military 
department, defense agency, or the unified combatant 
command for special operations forces pursuant to an ap-
plication, or any part of an application, that the Secretary 
determines would support the purposes of the program. 
The transfer authority provided in this subsection is in
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addition to any other transfer authority available to the 
Department of Defense. 
(e) DELEGATION OF MANAGEMENT OF PROGRAM.— 
The Secretary may delegate the management and oper-
ation of the program established under subsection (a) to 
the Assistant Secretary of Defense for Research and Engi-
neering. 
(f) REPORT.—Not later than 60 days after the last 
day of a fiscal year during which the Secretary carries out 
a program under this section, the Secretary shall submit 
a report to the congressional defense committees providing 
a detailed description of the operation of the program dur-
ing such fiscal year. 
(g) TERMINATION.—The authority to carry out a 
program under this section shall terminate on September 
30, 2015. Any amounts made available for the program 
that remain available for obligation on the date the pro-
gram terminates may be transferred under subsection (d) 
during the 180-day period beginning on the date of the 
termination of the program. 
SEC. 1055. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 5, UNITED STATES CODE.—Subsection 
(l)(2)(B) of section 8344 of title 5, United States Code, 
as added by section 1122(a) of the National Defense Au-
thorization Act for Fiscal Year 2010 (Public Law 111–
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84; 123 Stat. 2505), is amended by striking ‘‘5201 et 
seq.’’ and inserting ‘‘5211 et seq.’’. 
(b) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Section 127d(d)(1) is amended by striking 
‘‘Committee on International Relations’’ and insert-
ing ‘‘Committee on Foreign Affairs’’. 
(2) Section 132 is amended— 
(A) by redesignating subsection (d), as 
added by section 2831(a) of the National De-
fense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2669), as sub-
section (e); and 
(B) in such subsection, by striking ‘‘Guam 
Executive Council’’ and inserting ‘‘Guam Over-
sight Council’’. 
(3)(A) Section 382 is amended by striking ‘‘sec-
tion 175 or 2332c’’ in subsections (a), (b)(2)(C), 
and (d)(2)(A)(ii) and inserting ‘‘section 175, 229, or 
2332a’’. 
(B) The heading of such section is amended by 
striking ‘‘chemical or biological’’. 
(C) The table of sections at the beginning of 
chapter 18 is amended by striking the item relating 
to section 382 and inserting the following new item: 
‘‘382. Emergency situations involving weapons of mass destruction.’’.
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•HR 5136 EH1S 
(4) Section 1175a(j)(3) is amended by striking 
‘‘title 10’’ and inserting ‘‘this title’’. 
(5) Section 1781b(d) is amended by striking 
‘‘March 1, 2008, and each year thereafter’’ and in-
serting ‘‘March 1 each year’’. 
(6) Section 1781c(h)(1) is amended by striking 
‘‘180 days after the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 
2010, and annually thereafter’’ and inserting ‘‘April 
30 each year’’. 
(7) Section 2130a(b)(1) is amended by striking 
‘‘Training Program’’ both places it appears and in-
serting ‘‘Training Corps program’’. 
(8) Section 2222(a) is amended by striking 
‘‘Effective October 1, 2005, funds’’ and inserting 
‘‘Funds’’. 
(9) The table of sections at the beginning of 
subchapter I of chapter 134, as amended by section 
1031(a)(2) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2448), is amended by transferring the item re-
lating to section 2241a from the end of the table of 
sections to appear after the item relating to section 
2241.
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(10) Section 2362(e)(1) is amended by striking 
‘‘IV’’ and inserting ‘‘V’’. 
(11) Section 2533a(d) is amended in para-
graphs (1) and (4) by striking ‘‘(b)(1)(A), (b)(2), or 
(b)(3)’’ and inserting ‘‘(b)(1)(A) or (b)(2)’’. 
(12) Section 2642(a)(3) is amended by striking 
‘‘During the five-year period beginning on the date 
of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2010’’ and inserting ‘‘Dur-
ing the period beginning on October 28, 2009, and 
ending on October 28, 2014’’. 
(13) Section 2667(e)(1)(A)(ii) is amended by 
striking ‘‘sections 2668 and 2669’’ and inserting 
‘‘section 2668’’. 
(14) Section 2684a(g)(1) is amended by strik-
ing ‘‘March 1, 2007, and annually thereafter’’ and 
inserting ‘‘March 1 each year’’. 
(15) Section 2687a(a) is amended by striking 
‘‘31for’’ and inserting ‘‘31 for’’. 
(16) Section 2922d is amended by striking ‘‘1 
or more’’ each place it appears and inserting ‘‘one 
or more’’. 
(17) Section 10216 is amended by striking 
‘‘section 115(c)’’ in subsections (b)(1), (c)(1), and 
(c)(2)(A) and inserting ‘‘section 115(d)’’.
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(18) Section 10217(c)(1) is amended— 
(A) by striking ‘‘Effective October 1, 2007, 
the’’ and inserting ‘‘The’’; and 
(B) by striking ‘‘after the preceding sen-
tence takes effect’’. 
(19) Section 12203(a) is amended by striking 
‘‘above’’ in the first sentence and inserting ‘‘of’’. 
(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2010.—Effective as of October 28, 2009, 
and as if included therein as enacted, the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84) is amended as follows: 
(1) Section 325(d)(4) (123 Stat. 2254) is 
amended by striking ‘‘section 236’’ and inserting 
‘‘section 235’’. 
(2) Section 581(a)(1)(C) (123 Stat. 2326) is 
amended by striking ‘‘subsection (f)’’ and inserting 
‘‘subsection 
(g), 
as 
redesignated 
by 
section 
582(b)(1)’’. 
(3) Section 584(a) (123 Stat. 2330) is amended 
by striking ‘‘such Act’’ and inserting ‘‘the Uni-
formed and Overseas Citizens Absentee Voting Act’’. 
(4) Section 585(b)(1) (123 Stat. 2331) is 
amended by striking subparagraphs (A) and (B), 
and inserting the following new subparagraphs:
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‘‘(A) in paragraph (2), by striking ‘section 
102(4)’ and inserting ‘section 102(a)(4)’; and 
‘‘(B) by striking paragraph (4) and insert-
ing the following new paragraph: 
‘‘ ‘(4) prescribe a suggested design for absentee 
ballot mailing envelopes;’; and’’. 
(5) Section 589 (123 Stat. 2334; 42 U.S.C. 
1973ff–7) is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘section 107(a)’’ and 
inserting ‘‘section 107(1)’’; and 
(ii) by striking ‘‘1973ff et seq.’’ and 
inserting ‘‘1973ff–6(1)’’; and 
(B) in subsection (e)(1), by striking 
‘‘1977ff note’’ and inserting ‘‘1973ff note’’. 
(6) The undesignated section immediately fol-
lowing section 603 (123 Stat. 2350) is designated as 
section 604. 
(7) Section 714(c) (123 Stat. 2382; 10 U.S.C. 
1071 note) is amended— 
(A) by striking ‘‘feasability’’ both places it 
appears and inserting ‘‘feasibility’’; and 
(B) by striking ‘‘specialities’’ both places it 
appears and inserting ‘‘specialties’’.
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(8) Section 813(a)(3) is amended by inserting 
‘‘order’’ after ‘‘task’’ in the matter proposed to be 
struck. 
(9) Section 921(b)(2) (123 Stat. 2432) is 
amended by inserting ‘‘subchapter I of’’ before 
‘‘chapter 21’’. 
(10) Section 1014(c) (123 Stat. 2442) is 
amended by striking ‘‘in which the support’’ and in-
serting ‘‘in which support’’. 
(11) Section 1043(d) (123 Stat. 2457; 10 
U.S.C. 2353 note) is amended by striking ‘‘et 13 
seq.’’ and inserting ‘‘et seq.’’. 
(12) Section 1055(f) (123 Stat. 2462) is 
amended by striking ‘‘Combating’’ and inserting 
‘‘Combatting’’. 
(13) Section 1063(d)(2) (123 Stat. 2470) is 
amended by striking ‘‘For purposes of this section, 
the’’ and inserting ‘‘The’’. 
(14) Section 1080(b) (123 Stat. 2479; 10 
U.S.C. 801 note) is amended— 
(A) by striking ‘‘title 14’’ and inserting 
‘‘title XIV’’; 
(B) by striking ‘‘title 10’’ and inserting 
‘‘title X’’; and
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(C) by striking ‘‘the Military Commissions 
Act of 2006 (10 U.S.C. 948 et seq.; Public Law 
109–366)’’ and inserting ‘‘chapter 47A of title 
10, United States Code’’. 
(15) Section 1111(b) (123 Stat. 2495; 10 
U.S.C. 1580 note prec.) is amended by striking ‘‘the 
Secretary’’ in the first sentence and inserting ‘‘the 
Secretary of Defense’’. 
(16) Section 1113(g)(1) (123 Stat. 2502; 5 
U.S.C. 9902 note) is amended by inserting ‘‘United 
States Code,’’ after ‘‘title 5,’’ the first place it ap-
pears. 
(17) Section 1121 (123 Stat. 2505) is amend-
ed— 
(A) in subsection (a)— 
(i) by striking ‘‘Section 9902(h)’’ and 
inserting ‘‘Section 9902(g)’’; and 
(ii) by inserting ‘‘as redesignated by 
section 1113(b)(1)(B),’’ after ‘‘Code,’’; and 
(B) in subsection (b), by striking ‘‘section 
9902(h)’’ and inserting ‘‘section 9902(g)’’. 
(18) Section 1261 (123 Stat. 2553; 22 U.S.C. 
6201 note) is amended by inserting a space between 
the first short title and ‘‘or’’.
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•HR 5136 EH1S 
(19) Section 1306(b) (123 Stat. 2560) is 
amended by striking ‘‘fiscal year’’ and inserting 
‘‘Fiscal Year’’. 
(20) Subsection (b) of section 1803 (123 Stat. 
2612) is amended to read as follows: 
‘‘(b) APPELLATE REVIEW UNDER DETAINEE TREAT-
MENT ACT OF 2005.— 
‘‘(1) DEPARTMENT OF DEFENSE, EMERGENCY 
SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HUR-
RICANES IN THE GULF OF MEXICO, AND PANDEMIC 
INFLUENZA ACT, 2006.—Section 1005(e) of the De-
tainee Treatment Act of 2005 (title X of Public Law 
109–148; 10 U.S.C. 801 note) is amended by strik-
ing paragraph (3). 
‘‘(2) NATIONAL DEFENSE AUTHORIZATION ACT 
FOR FISCAL YEAR 2006.—Section 1405(e) of the De-
tainee Treatment Act of 2005 (Public Law 109–163; 
10 U.S.C. 801 note) is amended by striking para-
graph (3).’’. 
(21) Section 1916(b)(1)(B) (123 Stat. 2624) is 
amended by striking the comma after ‘‘5941’’. 
(22) Section 2804(d)(2) (123 Stat. 2662) is 
amended by inserting ‘‘subchapter III of’’ before 
‘‘chapter 169’’.
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(23) Section 2835(f)(1) (123 Stat. 2677) is 
amended by striking ‘‘publically-available’’ and in-
serting ‘‘publicly available’’. 
(24) Section 3503(b)(1) (123 Stat. 2719) is 
amended by striking the extra quotation marks. 
(25) Section 3508(1) (123 Stat. 2721) is 
amended by striking ‘‘headline’’ and inserting 
‘‘heading’’. 
(d) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2009.— 
(1) Section 596(b)(1)(D) of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 10 U.S.C. 1071 note), 
as amended by section 594 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2337), is amended by striking 
‘‘or flag’’ the second place it appears. 
(2) Section 1111(b) of the Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 10 U.S.C. 143 note), as 
amended by section 1109 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2492), is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘secretary of a military depart-
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•HR 5136 EH1S 
ment’’ and inserting ‘‘Secretary of a military 
department’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘the the requirements’’ 
and inserting ‘‘the requirements’’; and 
(ii) by striking ‘‘this title’’ and insert-
ing ‘‘such title’’; and 
(C) in paragraph (2), by striking ‘‘any any 
of the following’’ and inserting ‘‘any of the fol-
lowing’’. 
(e) WEAPON SYSTEMS ACQUISITION REFORM ACT OF 
2009.—Effective as of May 22, 2009, and as if included 
therein as enacted, the Weapon Systems Acquisition Re-
form Act of 2009 (Public Law 111–23) is amended as fol-
lows: 
(1) Section 205(a)(1)(B) (123 Stat. 1724) is 
amended in the matter proposed to be inserted by 
striking ‘‘paragraphs (1) and (2)’’ and inserting 
‘‘paragraphs (1), (2), and (3)’’. 
(2) Section 205(c) (124 Stat. 1725) is amended 
by 
striking 
‘‘2433a(c)(3)’’ 
and 
inserting 
‘‘2433a(c)(1)(C)’’. 
(f) TECHNICAL CORRECTION REGARDING SBIR EX-
TENSION.—Section 9(m)(2) of the Small Business Act (15 
U.S.C. 638(m)(2)), as added by section 847(a) of the Na-
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•HR 5136 EH1S 
tional Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2420), is amended by 
striking ‘‘is authorized’’ and inserting ‘‘are authorized’’. 
(g) TECHNICAL CORRECTION REGARDING PERFORM-
ANCE MANAGEMENT
AND WORKFORCE INCENTIVES.— 
Section 9902(a)(2) of title 5, United States Code, as 
added by section 1113(d) of the National Defense Author-
ization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2499), is amended by striking ‘‘chapters’’ both 
places it appears and inserting ‘‘chapter’’. 
(h) TECHNICAL CORRECTION REGARDING SMALL 
SHIPYARDS AND MARITIME COMMUNITIES ASSISTANCE 
PROGRAM.—Section 3506 of the National Defense Au-
thorization Act for Fiscal Year 2006, as reinstated by the 
amendment made by section 1073(c)(14) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2475), is repealed. 
(i) TECHNICAL CORRECTION REGARDING DOT MAR-
ITIME HERITAGE PROPERTY.—Section 6(a)(1)(C) of the 
National Maritime Heritage Act of 1994 (16 U.S.C. 
5405(a)(1)(C)), as amended by section 3509 of the Na-
tional Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2721), is amended by 
striking ‘‘the date of enactment of the Maritime Adminis-
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•HR 5136 EH1S 
tration Authorization Act of 2010’’ and inserting ‘‘October 
28, 2009’’. 
(j) TECHNICAL CORRECTION REGARDING DOE NA-
TIONAL SECURITY PROGRAMS.—The table of contents at 
the beginning of the National Nuclear Security Adminis-
tration Act (title XXXII of Public Law 106–65; 50 U.S.C. 
2401 et seq.) is amended by striking the item relating to 
section 3255 and inserting the following new item: 
‘‘Sec. 3255. Biennial plan and budget assessment on the modernization and re-
furbishment of the nuclear security complex.’’. 
SEC. 1056. BUDGETING FOR THE SUSTAINMENT AND MOD-
ERNIZATION OF NUCLEAR DELIVERY SYS-
TEMS. 
Consistent with the plan contained in the report sub-
mitted to Congress under section 1251 of the National De-
fense Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2549), in the budget materials sub-
mitted to the President by the Secretary of Defense in 
connection with the submission to Congress, pursuant to 
section 1105 of title 31, United States Code, of the budget 
for fiscal year 2012, and each subsequent fiscal year, the 
Secretary shall ensure that a separate budget (including 
separate, dedicated line items and program elements) is 
included with respect to programs and platforms regard-
ing the sustainment and modernization of nuclear delivery 
systems.
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SEC. 1057. LIMITATION ON NUCLEAR FORCE REDUCTIONS. 
(a) FINDINGS.—Congress finds the following: 
(1) As of September 30, 2009, the stockpile of 
nuclear weapons of the United States has been re-
duced by 84 percent from its maximum level in 1967 
and by more than 75 percent from its level when the 
Berlin Wall fell in November, 1989. 
(2) The number of non-strategic nuclear weap-
ons of the United States has declined by approxi-
mately 90 percent from September 30, 1991, to Sep-
tember 30, 2009. 
(3) In 2002, the United States announced plans 
to reduce its number of operationally deployed stra-
tegic nuclear warheads to between 1,700 and 2,200 
by December 31, 2012. 
(4) The United States plans to further reduce 
its stockpile of deployed strategic nuclear warheads 
to 1,550 during the next seven years. 
(5) The United States plans to further reduce 
its deployed ballistic missiles and heavy bombers to 
700 and its deployed and non-deployed launchers 
and heavy bombers to 800 during the next seven 
years. 
(6) Beyond these plans for reductions, the Nu-
clear Posture Review of April 2010 stated that, ‘‘the 
President has directed a review of potential future
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reductions in U.S. nuclear weapons below New 
START levels. Several factors will influence the 
magnitude and pace of such reductions.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) any reductions in the nuclear forces of the 
United States should be supported by a thorough as-
sessment of the strategic environment, threat, and 
policy and the technical and operational implications 
of such reductions; and 
(2) specific criteria are necessary to guide fu-
ture decisions regarding further reductions in the 
nuclear forces of the United States. 
(c) LIMITATION.—No action may be taken to imple-
ment the reduction of nuclear forces of the United States 
below the levels described in paragraphs (4) and (5) of 
subsection (a), unless— 
(1) the Secretary of Defense and the Adminis-
trator for Nuclear Security jointly submit to the con-
gressional defense committees a report on such re-
duction, including— 
(A) the justification for such reduction; 
(B) an assessment of the strategic environ-
ment, threat, and policy and the technical and 
operational implications of such reduction;
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(C) written certification by the Secretary 
of Defense that— 
(i) either— 
(I) the strategic environment or 
the assessment of the threat has 
changed to allow for such reduction; 
or 
(II) technical measures to pro-
vide a commensurate or better level of 
safety, security, and reliability as be-
fore such reduction have been imple-
mented for the remaining nuclear 
forces of the United States; 
(ii) such reduction preserves the nu-
clear deterrent capabilities of the ‘‘nuclear 
triad’’ (intercontinental ballistic missiles, 
ballistic missile submarines, and heavy 
bombers and dual-capable aircraft); 
(iii) such reduction does not require a 
change 
in 
targeting 
strategy 
from 
counterforce targeting to countervalue tar-
geting; 
(iv) the remaining nuclear forces of 
the United States provide a sufficient 
means of protection against unforeseen
587 
•HR 5136 EH1S 
technical 
challenges 
and 
geopolitical 
events; and 
(v) such reduction is compensated by 
other measures (such as nuclear mod-
ernization, conventional forces, and missile 
defense) that together provide a commen-
surate or better deterrence capability and 
level of credibility as before such reduction; 
and 
(D) written certification by the Adminis-
trator for Nuclear Security that— 
(i) technical measures to provide a 
commensurate or better level of safety, se-
curity, and reliability as before such reduc-
tion have been implemented for the re-
maining nuclear forces of the United 
States; 
(ii) the remaining nuclear forces of 
the United States provide a sufficient 
means of protection against unforeseen 
technical 
challenges 
and 
geopolitical 
events; and 
(iii) measures to modernize the nu-
clear weapons complex have been imple-
mented to provide a sufficiently responsive
588 
•HR 5136 EH1S 
infrastructure to support the remaining 
nuclear forces of the United States; and 
(2) a period of 180 days has elapsed after the 
date on which the report under paragraph (1) is 
submitted. 
(d) DEFINITION.—In this section, the term ‘‘nuclear 
forces of the United States’’ includes— 
(1) both active and inactive nuclear warheads in 
the nuclear weapons stockpile; and 
(2) deployed and non-deployed delivery vehicles. 
SEC. 1058. SENSE OF CONGRESS ON THE NUCLEAR POS-
TURE REVIEW. 
It is the sense of Congress that the Nuclear Posture 
Review, released in April 2010 by the Secretary of De-
fense, weakens the national security of the United States 
by eliminating options to defend against a catastrophic nu-
clear, biological, chemical, or conventional attack against 
the United States. 
SEC. 1059. STRATEGIC ASSESSMENT OF STRATEGIC CHAL-
LENGES POSED BY POTENTIAL COMPETI-
TORS. 
The Secretary of Defense shall, in consultation with 
the Joint Chiefs of Staff and the commanders of the re-
gional combatant commands, submit to the congressional 
defense committees, not later than March 15, 2011, a
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•HR 5136 EH1S 
comprehensive strategic assessment of the current and fu-
ture strategic challenges posed to the United States by 
potential competitors out through 2021, with particular 
attention paid to those challenges posed by the military 
modernization of the People’s Republic of China, Iran, 
North Korea, and Russia. 
SEC. 1060. ELECTRONIC ACCESS TO CERTAIN CLASSIFIED 
INFORMATION. 
The Secretary of Defense shall provide to each com-
mittee of Congress an electronic communications link to 
classified information in the possession of the Department 
of Defense pertaining to a subject matter that is in the 
jurisdiction of such committee under the Rules of the 
House of Representatives or the Standing Rules of the 
Senate. Such electronic communications link shall be ca-
pable of supporting appropriate classified communications 
between the Department of Defense and each committee 
of Congress authorized to carry out such communications. 
SEC. 1061. JUSTICE FOR VICTIMS OF TORTURE AND TER-
RORISM. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181) expressed 
the sense of Congress (in section 1083(d)(4)) that
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•HR 5136 EH1S 
the Secretary of State ‘‘should work with the Gov-
ernment of Iraq on a state-to-state basis to ensure 
compensation for any meritorious claims based on 
terrorist acts committed by the Saddam Hussein re-
gime against individuals who were United States na-
tionals or members of the United States Armed 
Forces at the time of those terrorist acts and whose 
claims cannot be addressed in courts in the United 
States due to the exercise of the waiver authority’’ 
provided to the President under section 1083(d) of 
that Act. 
(2) The House of Representatives in the 110th 
Congress unanimously adopted H.R. 5167, the Jus-
tice for Victims of Torture and Terrorism Act, which 
set forth an appropriate compromise of the claims 
described in paragraph (1). 
(3) The National Defense Authorization Act for 
Fiscal Year 2010 (in section 1079) further ex-
pressed the sense of Congress that these claims of 
American victims of torture and hostage taking by 
Iraq ‘‘should be resolved by a prompt and fair settle-
ment negotiated between the Government of Iraq 
and the Government of the United States, taking 
note of the provisions of H.R. 5167 of the 110th
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•HR 5136 EH1S 
Congress, which was adopted by the United States 
House of Representatives’’. 
(4) Pursuant to these congressional actions, the 
Secretary of State has diligently pursued these nego-
tiations with the Government of Iraq. To date, how-
ever, more than three years after the enactment of 
the National Defense Authorization Act for Fiscal 
Year 2008, and nearly a year after the enactment of 
the National Defense Authorization Act for Fiscal 
Year 2010, there has been no resolution of these 
claims of injured Americans, despite the resolution 
by Iraq of claims of foreign corporations against the 
Saddam Hussein regime. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the claims of American victims of torture and 
hostage taking by the Government of Iraq during the re-
gime of Saddam Hussein that are subject to Presidential 
Determination Number 2008–9 of January 28, 2008, 
which waived application of section 1083 of the National 
Defense Authorization Act for Fiscal Year 2008, should 
be resolved by a prompt and fair settlement negotiated be-
tween the Government of Iraq and the Government of the 
United States.
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•HR 5136 EH1S 
SEC. 1062. POLICY REGARDING APPROPRIATE USE OF DE-
PARTMENT OF DEFENSE RESOURCES. 
(a) POLICY.— 
(1) IN
GENERAL.—Chapter 2 of Title 10, 
United States Code, is amended by inserting after 
section 113a the following new section: 
‘‘§ 113b. Use of Department of Defense resources 
‘‘(a) POLICY.—The Secretary of Defense shall ensure 
that all resources of the Department of Defense are used 
only for activities that— 
‘‘(1) fulfill a legitimate Government purpose; 
‘‘(2) comply with all applicable laws, regula-
tions, and policies of the Department of Defense; 
and 
‘‘(3) contribute to the mission of the Depart-
ment of Defense. 
‘‘(b) GUIDANCE.—The Secretary shall prescribe such 
guidance as is necessary to ensure compliance with the 
policy required under subsection (a) and to address any 
violations of the policy, including, as appropriate, any ap-
plicable legal remedies.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 113a 
the following new item: 
‘‘113b. Use of Department of Defense resources.’’.
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•HR 5136 EH1S 
(b) PROHIBITION ON USE OF FUNDS.—None of the 
funds authorized to be appropriated in this Act or other-
wise available to the Department of Defense may be 
used— 
(1) for any activity that does not comply with 
the policy established under section 113b of title 10, 
United States Code, as added by subsection (a), in-
cluding any improper activity involving— 
(A) transportation or travel (including use 
of Government vehicles); or 
(B) Department of Defense information 
technology resources; or 
(2) to pay the salary of any employee who en-
gages in an intentional violation of the policy estab-
lished under such section. 
SEC. 1063. EXECUTIVE AGENT FOR PREVENTING THE IN-
TRODUCTION OF COUNTERFEIT MICROELEC-
TRONICS INTO THE DEFENSE SUPPLY CHAIN. 
(a) EXECUTIVE AGENT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall designate a senior official of the Depart-
ment of Defense to serve as the executive agent for pre-
venting the introduction of counterfeit microelectronics 
into the defense supply chain.
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•HR 5136 EH1S 
(b) ROLES, RESPONSIBILITIES, 
AND
AUTHORI-
TIES.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall prescribe the roles, respon-
sibilities, and authorities of the executive agent des-
ignated under subsection (a). 
(2) SPECIFICATION.—The roles and responsibil-
ities of the executive agent designated under sub-
section (a) shall include the following: 
(A) Development and maintenance of a 
strategy and implementation plan that ensures 
that the Department of Defense has the ability 
to identify, mitigate, prevent, and eliminate 
counterfeit microelectronics from the defense 
supply chain. 
(B) Development of recommendations for 
funding strategies necessary to meet the re-
quirements of the strategy and implementation 
plan developed under subparagraph (A). 
(C) Assessments of trends in counterfeit 
microelectronics, including— 
(i) an analysis of recent incidents of 
discovery of counterfeit microelectronics in 
the defense supply chain, including inci-
595 
•HR 5136 EH1S 
dents involving material and service pro-
viders; 
(ii) a projection of future trends in 
counterfeit microelectronics; 
(iii) the sufficiency of reporting mech-
anisms and metrics within the Department 
of Defense and each component of the De-
partment of Defense; 
(iv) the economic impact of identifying 
and remediating counterfeit microelec-
tronics in the defense supply chain; and 
(v) the impact of counterfeit micro-
electronics in the defense supply chain on 
defense readiness. 
(D) Coordination of planning and activities 
with interagency and international partners. 
(E) Development and participation in pub-
lic-private partnerships to prevent the introduc-
tion of counterfeit microelectronics into the sup-
ply chain. 
(F) Such other roles and responsibilities as 
the Secretary of Defense considers appropriate. 
(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 
The Secretary of Defense shall ensure that each compo-
nent of the Department of Defense provides the executive
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•HR 5136 EH1S 
agent designated under subsection (a) with the appro-
priate support and resources needed to perform the roles, 
responsibilities, and authorities of the executive agent. 
(d) REQUIRED ACTIONS.—The Secretary of Defense 
shall submit to the congressional defense committees— 
(1) not later than 180 days after the date of 
the enactment of this Act, a description of the roles, 
responsibilities, and authorities of the executive 
agent prescribed in accordance with subsection 
(b)(1); 
(2) not later than one year after the date of the 
enactment of this Act, a strategy for how the De-
partment of Defense will identify, mitigate, prevent, 
and eliminate counterfeit microelectronics within the 
defense supply chain; and 
(3) not later than 18 months after the date of 
the enactment of this Act, an implementation plan 
for how the Department of Defense will execute the 
strategy submitted in accordance with paragraph 
(2). 
(e) DEFINITIONS.—In this section: 
(1) 
COUNTERFEIT
MICROELECTRONIC.—The 
term ‘‘counterfeit microelectronic’’ means any type 
of integrated circuit or other microelectronic compo-
nent that consists of—
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•HR 5136 EH1S 
(A) a substitute or unauthorized copy of a 
valid product from an original manufacturer; 
(B) a product in which the materials used 
or the performance of the product has been 
changed without notice by a person other than 
the original manufacturer of the product; or 
(C) a substandard component misrepre-
sented by the supplier of such component. 
(2) EXECUTIVE AGENT.—The term ‘‘executive 
agent’’ has the meaning given the term ‘‘DoD Exec-
utive Agent’’ in Department of Defense Directive 
5101.1, or any successor directive relating to the re-
sponsibilities of an executive agent of the Depart-
ment of Defense. 
SEC. 1064. SHARED INFORMATION REGARDING TRAINING 
EXERCISES. 
The Secretary of Defense, acting through Joint Task 
Force North, may share with the Department of Home-
land Security and the Department of Justice any data 
gathered during training exercises. 
SEC. 1065. SENSE OF CONGRESS REGARDING PRESI-
DENTIAL LETTERS OF CONDOLENCE TO THE 
FAMILIES OF MEMBERS OF THE ARMED 
FORCES WHO HAVE DIED BY SUICIDE. 
(a) FINDINGS.—Congress finds that—
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•HR 5136 EH1S 
(1) suicide is a growing problem in the Armed 
Forces that cannot be ignored; 
(2) a record number of military suicides was re-
ported in 2008, with 128 active-duty Army and 48 
Marine deaths reported; 
(3) the number of military suicides during 2009 
is expected to equal or exceed the 2008 total; 
(4) long-standing policy prevents President 
Obama from sending a condolence letter to the fam-
ily of a member of the Armed Forces who has died 
by suicide; 
(5) members of the Armed Forces sacrifice 
their physical, mental, and emotional well-being for 
the freedoms Americans hold dear; 
(6) the military family also bears the cost of de-
fending the United States, with military spouses and 
children sacrificing much and standing ready to pro-
vide unending support to their spouse or parent who 
is a member of the Armed Forces; 
(7) the loss of a member of the Armed Forces 
to suicide directly and tragically affects military 
spouses and children, as well as the United States; 
(8) much more needs to be done to protect and 
address the mental health needs of members of the
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•HR 5136 EH1S 
Armed Forces, just as they serve to protect and de-
fend the freedoms of the United States; 
(9) a presidential letter of condolence is not 
only about the deceased because it also serves as a 
sign of respect for the grieving family and an ac-
knowledgment of the family for their personal loss; 
and 
(10) a lack of acknowledgment and condolence 
from the President only leaves these families with an 
emotional vacuum and a feeling that somehow their 
sacrifices have been less than the sacrifices of oth-
ers. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the current policy that prohibits sending a 
presidential letter of condolence to the family of a 
member of the Armed Forces who has died by sui-
cide only serves to perpetuate the stigma of mental 
illness that pervades the Armed Forces; and 
(2) the President, as Commander-in-Chief, 
should overturn the policy and treat all military fam-
ilies equally.
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•HR 5136 EH1S 
SEC. 1066. FINDINGS AND SENSE OF CONGRESS ON OBE-
SITY AND FEDERAL CHILD NUTRITION PRO-
GRAMS. 
(a) FINDINGS.—Congress find the following: 
(1) According to the April 2010 report, ‘‘Too 
Fat to Fight’’, more than 100 retired generals and 
admirals wrote that, ‘‘[o]besity among children and 
young adults have increased so dramatically that 
they threaten not only the overall health of America 
but the future strength of our military.’’. 
(2) Twenty-seven percent, over 9,000,000, 17– 
24-year-olds in the United States are too fat to serve 
in the military. 
(3) Between 1995 and 2008, the military had 
140,000 individuals who showed up at the centers 
for processing but failed their entrance physicals be-
cause they were too heavy. 
(4) Being overweight is now the leading medical 
reason for rejection from military service. 
(5) Between 1995 and 2008, the proportion of 
potential recruits who failed their physicals each 
year because they were overweight rose nearly 70 
percent. 
(6) The military annually discharges over 1,200 
first-term enlistees before their contracts are up be-
cause of weight problems.
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(7) The military must then recruit and train 
their replacements at a cost of $50,000 for each 
man or woman. 
(8) Training replacements for those discharged 
because of weight problems adds up to more than 
$60,000,000 annually. 
(9) Overweight adolescents are more likely to 
become overweight adults. 
(10) Overweight adolescents and overweight 
adults are at risk of developing obesity-related, life- 
threatening diseases including cancer, type 2 diabe-
tes, stroke, heart disease, arthritis, and breathing 
problems. 
(11) According to the American Public Health 
Association, ‘‘left unchecked, obesity will add nearly 
$344 billion to the nations annual health care costs 
by 2018 and account for more than 21 percent of 
health care spending’’. 
(12) Overweight and undernourished adoles-
cents face academic challenges due to poor health 
behaviors, resulting in even greater risk to their fu-
ture health and earing and the Nation’s economic 
growth and worldwide competition.
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(13) For decades military leaders have cham-
pioned efforts to improve the nutrition of young peo-
ple in America. 
(14) During World War II, 40 percent of re-
jected recruits were turned away because of poor or 
under nutrition. 
(15) The preamble to the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1751) states 
‘‘It is hereby declared to be the policy of Congress, 
as a measure of national security, to safeguard the 
health and well-being of the Nation’s children and to 
encourage the domestic consumption of nutritious 
agricultural commodities and other food, by assisting 
the States, through grants in aid and other means, 
in providing an adequate supply of food and other 
facilities for the establishment, maintenance, oper-
ation and expansion of nonprofit school lunch pro-
grams’’. 
(16) Over 17 million children were food inse-
cure, or hungry, in 2008, according to data collected 
by the Department of Agriculture. 
(17) The Federal Child Nutrition Programs 
under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.) are prov-
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en to be effective in combating both hunger and obe-
sity. 
(18) President Obama has called for a historic 
investment in the Federal Child Nutrition Programs 
in order to respond to 2 of the greatest child health 
challenges of our time, hunger and poor nutrition. 
(19) Two hundred twenty-one Members of Con-
gress signed a letter to Speaker Pelosi in support of 
President Obama’s budget request for the Federal 
Child Nutrition Programs. 
(20) This same letter requested identification of 
possible offsets for the new investments in these im-
portant anti-hunger and nutrition programs. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) reducing domestic childhood obesity and 
hunger is a matter of national security; 
(2) obesity and hunger will continue to nega-
tively impact recruitment for Armed Forces without 
access to physical activity, healthy food, and proper 
nutrition; 
(3) Congress should act to reduce childhood 
obesity and hunger; 
(4) the Federal Child Nutrition Programs 
under the Richard B. Russell National School Lunch
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Act (42 U.S.C. 1751 et seq.) and the Child Nutri-
tion Act of 1966 (42 U.S.C. 1771 et seq.) should be 
funded at the President’s request; and 
(5) the increases in funding for such programs 
should be properly offset. 
SEC. 
1067. 
SENSE 
OF 
CONGRESS 
REGARDING 
REC-
REATIONAL HUNTING AND FISHING ON MILI-
TARY INSTALLATIONS. 
It is the sense of the Congress that— 
(1) military installations that permit public ac-
cess for recreational hunting and fishing should con-
tinue to permit such hunting and fishing where ap-
propriate; 
(2) permitting the public to access military in-
stallations for recreational hunting and fishing bene-
fits local communities by conserving and promoting 
the outdoors and establishing positive relations be-
tween the civilian and defense sectors; 
(3) any military installations that make rec-
reational hunting and fishing permits available for 
purchase should provide a discounted rate for active 
and retired members of the Armed Forces and vet-
erans with disabilities; and 
(4) the Department of Defense, all of the serv-
ice branches, and military installations that permit
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public access for recreational hunting and fishing 
should promote access to such installations by mak-
ing the appropriate accommodations for members of 
the Armed Forces and veterans with disabilities. 
SEC. 1068. SENSE OF CONGRESS ENCOURAGING THE PRESI-
DENT TO ORDER THE UNITED STATES FLAG 
TO BE FLOWN OVER UNITED STATES MILI-
TARY AND CIVILIAN OUTPOSTS IN HAITI DUR-
ING EARTHQUAKE RELIEF EFFORTS. 
(a) FINDINGS.—Congress finds the following: 
(1) On January 12, 2010, the nation of Haiti 
was hit by a magnitude 7.0 earthquake, adversely 
affecting nearly 3,000,000 people. 
(2) The United States has provided millions of 
dollars in humanitarian assistance to meet imme-
diate needs on the ground and plans to give more 
over the next year. 
(3) The Armed Forces have diligently worked to 
aid the people of Haiti during their time of need, 
providing humanitarian aid and logistical support. 
(4) The Armed Forces, civilians, and charitable 
groups have led the charge in an effort to maintain 
civility and bring some small semblance of hope to 
the devastated nation.
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(5) Members of the Armed Forces serve as the 
premier ambassadors of liberty, freedom, and good-
will when tasked with a humanitarian mission. 
(6) The generosity of the people of the United 
States is known the world over and the United 
States flag is universally recognized as a symbol of 
that generosity. 
(7) The United States has provided more aid to 
the nation of Haiti than all other nations combined. 
(b) SENSE OF CONGRESS.—The Congress— 
(1) commends the Armed Forces for their com-
mitment to completing their humanitarian mission 
in Haiti; and 
(2) encourages the President to order the 
United States flag to be flown over all military and 
civilian outposts in Haiti under United States juris-
diction. 
SEC. 1069. STUDY ON OPTIMAL BALANCE OF MANNED AND 
UNMANNED AERIAL VEHICLE CAPABILITY. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall commission a study by an inde-
pendent, non-profit organization on the optimal bal-
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ance between manned and unmanned aerial vehicle 
forces of the Armed Forces. 
(2) SELECTION.—The independent, non-profit 
organization selected for the study under paragraph 
(1) shall be qualified on the basis of having per-
formed work in the fields of national security and 
combat systems. 
(b) MATTERS INCLUDED.—The study under sub-
section (a) shall include the following: 
(1) With respect to each military department 
(but in particular the Air Force), an assessment of 
the feasibility and desirability of a more rapid tran-
sition from manned to unmanned vehicles for a 
range of operations, including combat operations. 
(2) An evaluation of the current ability of each 
military department to resist attacks mounted by 
foreign militaries with significant investments in re-
search and development and deployment of un-
manned combat drones, including an assessment of 
each 
military 
department’s 
ability 
to 
defend 
against— 
(A) a large enemy force of unmanned aer-
ial vehicles; and 
(B) any other relevant unmanned scenario 
the Secretary determines appropriate.
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(3) An analysis of— 
(A) current and future capabilities of for-
eign militaries in developing and deploying un-
manned systems; and 
(B) vulnerabilities to drone systems re-
vealed in past war games and other strategy 
materials. 
(4) Conclusions on the matters described in 
paragraphs (1) through (3) and what the inde-
pendent, non-profit organization conducting the 
study determines is the optimal balance of invest-
ment in development and deployment of manned 
versus unmanned platforms. 
(c) REPORT.—Not later than December 1, 2011, the 
Secretary of Defense shall submit to the congressional de-
fense committees, the Committee on Oversight and Gov-
ernment Reform of the House of Representatives, and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate a report that includes the study under 
subsection (a). 
(d) FORM.— 
(1) STUDY.—The study under subsection (a) 
shall include a classified annex with respect to the 
matters described in subsection (b)(3).
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(2) REPORT.—The report under subsection (c) 
may include a classified annex. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
SEC. 1101. AUTHORITY FOR THE DEPARTMENT OF DE-
FENSE TO APPROVE AN ALTERNATE METHOD 
OF PROCESSING EQUAL EMPLOYMENT OP-
PORTUNITY COMPLAINTS WITHIN ONE OR 
MORE COMPONENT ORGANIZATIONS UNDER 
SPECIFIED CIRCUMSTANCES. 
(a) AUTHORITY.—The Secretary of Defense may im-
plement within one or more of the component organiza-
tions of the Department of Defense an alternate program 
for processing equal employment opportunity complaints. 
(1) Complaints processed under the alternate 
program shall be subject to the procedural require-
ments established for the alternate program and 
shall not be subject to the procedural requirements 
of part 1614 of title 29 of the Code of Federal Reg-
ulations or other regulations, directives, or regu-
latory restrictions prescribed by the Equal Employ-
ment Opportunity Commission. 
(2) The alternate program shall include proce-
dures to reduce processing time and eliminate re-
dundancy with respect to processes for the resolution
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of equal employment opportunity complaints, rein-
force local management and chain-of-command ac-
countability, and provide the parties involved with 
early opportunity for resolution. 
(3) The Secretary may carry out the alternate 
program during a 5-year period beginning on the 
date of the enactment of this Act. Not later than 
180 days before the expiration of such period, the 
Secretary shall submit to the Committees on Armed 
Services of the House of Representatives and the 
Senate, a recommendation regarding whether the 
program should be extended for an additional pe-
riod. 
(4)(A) Participation in the alternate program 
shall be voluntary on the part of the complainant. 
Complainants who participate in the alternate pro-
gram shall retain the right to appeal a final agency 
decision to the Equal Employment Opportunity 
Commission and to file suit in district court. The 
Equal Employment Opportunity Commission shall 
not reverse a final agency decision on the grounds 
that the agency did not comply with the regulatory 
requirements promulgated by the Commission. 
(B) Subparagraph (A) shall apply to all cases 
filed with the Commission after the date of the en-
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actment of this Act and under the alternate program 
established under this subsection. 
(C) The Secretary shall consult with the Equal 
Employment Commission in the development of the 
alternate program. 
(b) EVALUATION PLAN.—The Secretary of Defense 
shall develop an evaluation plan to accurately and reliably 
assess the results of each alternate program implemented 
under subsection (a), identifying the key features of the 
program, including— 
(1) well-defined, clear, and measurable objec-
tives; 
(2) measures that are directly linked to the pro-
gram objectives; 
(3) criteria for determining the program per-
formance; 
(4) a way to isolate the effects of the alternate 
program; 
(5) a data analysis plan for the evaluation de-
sign; and 
(6) a detailed plan to ensure that data collec-
tion, entry, and storage are reliable and error-free. 
(c) REPORTS.—The Comptroller General shall submit 
to the Speaker of the House of Representatives and the
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President pro tempore of the Senate, two reports on the 
alternate program. 
(1) CONTENTS OF REPORTS.—Each report shall 
contain the following: 
(A) A description of the processes tested 
by the alternate program. 
(B) The results of the testing of such proc-
esses. 
(C) Recommendations for changes to the 
processes for the resolution of equal employ-
ment opportunity complaints as a result of the 
alternate program. 
(D) A comparison of the processes used, 
and results obtained, under the alternate pro-
gram to traditional and alternative dispute res-
olution processes used in the Government or 
private industry. 
(2) DATES OF SUBMISSION.—The first of such 
reports shall be submitted at the end of the 2-year 
period beginning on the date of the enactment of 
this Act. The second of such reports shall be sub-
mitted at the end of the 4-year period beginning on 
the date of the enactment of this Act.
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SEC. 1102. CLARIFICATION OF AUTHORITIES AT PER-
SONNEL DEMONSTRATION LABORATORIES. 
(a) CLARIFICATION OF APPLICABILITY OF DIRECT 
HIRE AUTHORITY.—Section 1108 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4618; 10 U.S.C. 1580 
note) is amended— 
(1) in subsection (b), by striking ‘‘identified’’ 
and all that follows and inserting ‘‘designated by 
section 1105(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 
123 Stat. 2486) as a Department of Defense science 
and technology reinvention laboratory.’’; and 
(2) in subsection (c), by striking ‘‘2 percent’’ 
and inserting ‘‘4 percent’’. 
(b) CLARIFICATION OF APPLICABILITY OF FULL IM-
PLEMENTATION REQUIREMENT.—Section 1107 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat 357; 10 U.S.C. 2358 
note) is amended— 
(1) in subsection (a), by striking ‘‘that are ex-
empted by’’ and all that follows and inserting ‘‘des-
ignated by section 1105(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat. 2486) as Department of Defense
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•HR 5136 EH1S 
science and technology reinvention laboratories.’’; 
and 
(2) in subsection (c), by striking ‘‘as enumer-
ated in’’ and all that follows and inserting ‘‘des-
ignated by section 1105(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 
111–84; 123 Stat 2486) as a Department of De-
fense science and technology reinvention labora-
tory.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect as of October 28, 
2009. 
SEC. 1103. SPECIAL RULE RELATING TO CERTAIN OVER-
TIME PAY. 
(a) IN GENERAL.—Section 5542(a) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(6)(A) Notwithstanding paragraphs (1) and (2), for 
an employee who is described in subparagraph (B), and 
whose rate of basic pay exceeds the minimum rate for GS– 
10, the overtime hourly rate of pay is an amount equal 
to one and one–half times the hourly rate of basic pay 
of the employee, and all that amount is premium pay. 
‘‘(B) This paragraph applies in the case of an em-
ployee of the Department of the Navy—
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•HR 5136 EH1S 
‘‘(i) who is performing work aboard or in sup-
port of the U.S.S. GEORGE WASHINGTON while 
that vessel is forward deployed in Japan; and 
‘‘(ii) as to whom the application of this para-
graph is necessary (as determined under regulations 
prescribed by the Secretary of the Navy)— 
‘‘(I) in order to ensure equal treatment 
with employees performing similar work in the 
United States; 
‘‘(II) in order to secure the services of 
qualified employees; or 
‘‘(III) for such other reasons as may be set 
forth in such regulations.’’. 
(b) REPORTING REQUIREMENT.—Within one year 
after date of enactment of this Act, the Secretary of the 
Navy shall submit to the Secretary of Defense and the 
Director of the Office of Personnel Management a report 
that addresses the use of paragraph (6) of section 5542(a) 
of title 5, United States Code, as added by subsection (a), 
including associated costs.
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SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
Effective January 1, 2011, section 1101(a) of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), 
as amended by section 1106(a) of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2487), is amended by striking ‘‘calendar 
years 2009 and 2010’’ and inserting ‘‘calendar years 2011 
and 2012’’. 
SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS. 
Section 9903(d) of title 5, United States Code, is 
amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) An employee appointed under this section is not 
eligible for any bonus, monetary award, or other monetary 
incentive for service, except for— 
‘‘(A) payments authorized under this section; 
and 
‘‘(B) in the case of an employee who is assigned 
in support of a contingency operation (as defined in
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•HR 5136 EH1S 
section 101(a)(13) of title 10), allowances and any 
other payments authorized under chapter 59.’’; and 
(2) in paragraph (3), by adding at the end the 
following: ‘‘In computing an employee’s total annual 
compensation for purposes of the preceding sen-
tence, any payment referred to in paragraph (2)(B) 
shall be excluded.’’. 
SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINA-
TORS. 
(a) IN GENERAL.—Chapter 79 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 7906. Services of post-combat case coordinators 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the terms ‘employee’, ‘agency’, ‘injury’, 
‘war-risk hazard’, and ‘hostile force or individual’ 
have the meanings given those terms in section 
8101; and 
‘‘(2) the term ‘qualified employee’ means an 
employee as described in subsection (b). 
‘‘(b) REQUIREMENT.—The head of each agency shall, 
in a manner consistent with the guidelines prescribed 
under subsection (c), provide for the assignment of a post- 
combat case coordinator in the case of any employee of 
such agency who suffers an injury or disability incurred,
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•HR 5136 EH1S 
or an illness contracted, while in the performance of such 
employee’s duties, as a result of a war-risk hazard or dur-
ing or as a result of capture, detention, or other restraint 
by a hostile force or individual. 
‘‘(c) GUIDELINES.—The Office of Personnel Manage-
ment shall, after such consultation as the Office considers 
appropriate, prescribe guidelines for the operation of this 
section. Under the guidelines, the responsibilities of a 
post-combat case coordinator shall include— 
‘‘(1) acting as the main point of contact for 
qualified employees seeking administrative guidance 
or assistance relating to benefits under chapter 81 
or 89; 
‘‘(2) assisting qualified employees in the collec-
tion of documentation or other supporting evidence 
for the expeditious processing of claims under chap-
ter 81 or 89; 
‘‘(3) assisting qualified employees in connection 
with the receipt of prescribed medical care and the 
coordination of benefits under chapter 81 or 89; 
‘‘(4) resolving problems relating to the receipt 
of benefits under chapter 81 or 89; and 
‘‘(5) ensuring that qualified employees are 
properly screened and receive appropriate treat-
ment—
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•HR 5136 EH1S 
‘‘(A) for post-traumatic stress disorder or 
other similar disorder stemming from combat 
trauma; or 
‘‘(B) for suicidal or homicidal thoughts or 
behaviors. 
‘‘(d) DURATION.—The services of a post-combat case 
coordinator shall remain available to a qualified employee 
until— 
‘‘(1) such employee accepts or declines a rea-
sonable offer of employment in a position in the em-
ployee’s agency for which the employee is qualified, 
which is not lower than 2 grades (or pay levels) 
below the employee’s grade (or pay level) before the 
occurrence or onset of the injury, disability, or ill-
ness (as referred to in subsection (a)), and which is 
within the employee’s commuting area; or 
‘‘(2) such employee gives written notice, in such 
manner as the employing agency prescribes, that 
those services are no longer desired or necessary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 79 of title 5, United States Code, is amended 
by adding after the item relating to section 7905 the fol-
lowing: 
‘‘7906. Services of post-combat case coordinators.’’.
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SEC. 1107. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR 
CERTAIN APPOINTMENTS. 
Section 3307(e) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘(e) The’’ and inserting ‘‘(e)(1) 
Except as provided in paragraph (2), the’’; and 
(2) by adding at the end the following: 
‘‘(2)(A) In the case of the conversion of an agency 
function from performance by a contractor to performance 
by an employee of the agency, the head of the agency may 
waive any maximum limit of age, determined or fixed for 
positions within such agency under paragraph (1), if nec-
essary in order to promote the recruitment or appointment 
of experienced personnel. 
‘‘(B) For purposes of this paragraph— 
‘‘(i) the term ‘agency’ means the Department of 
Defense or a military department; and 
‘‘(ii) the term ‘head of the agency’ means the 
Secretary of Defense or the Secretary of a military 
department.’’. 
SEC. 1108. SENSE OF CONGRESS REGARDING WAIVER OF 
RECOVERY OF CERTAIN PAYMENTS MADE 
UNDER CIVILIAN EMPLOYEES VOLUNTARY 
SEPARATION INCENTIVE PROGRAM. 
(a) CONGRESSIONAL FINDING.—Congress finds that 
employees and former employees of the Department of De-
621 
•HR 5136 EH1S 
fense described in subsection (c) provided a valuable serv-
ice to such Department in response to the national emer-
gency declared in the aftermath of the attacks of Sep-
tember 11, 2001. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) employees and former employees of the De-
partment of Defense described in subsection (c) de-
serve to retain or to be repaid their voluntary sepa-
ration incentive payment pursuant to section 9902 
of title 5, United States Code; 
(2) recovery of the amount of the payment re-
ferred to in section 9902 of title 5, United States 
Code, would be against equity and good conscience 
and contrary to the best interests of the United 
States; 
(3) the Secretary of Defense should waive the 
requirement under subsection (f)(6)(B) of section 
9902 of title 5, United States Code, for repayment 
to the Department of Defense of a voluntary separa-
tion incentive payment made under subsection (f)(1) 
of such section 9902 in the case of an employee or 
former employee of the Department of Defense de-
scribed in subsection (c); and
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•HR 5136 EH1S 
(4) a person who has repaid to the United 
States all or part of the voluntary separation incen-
tive payment for which repayment is waived under 
this section may receive a refund of the amount pre-
viously repaid to the United States. 
(c) PERSONS COVERED.—Subsection (a) applies to 
any employee or former employee of the Department of 
Defense who— 
(1) during the period beginning on April 1, 
2004, and ending on May 1, 2008, received a vol-
untary separation incentive payment under section 
9902(f)(1) of title 5, United States Code; 
(2) was reappointed to a position in the Depart-
ment of Defense during the period beginning on 
June 1, 2004, and ending on May 1, 2008; and 
(3) received a written representation from an 
officer or employee of the Department of Defense, 
before accepting the reappointment referred to in 
paragraph (2), that recovery of the amount of the 
payment referred to in paragraph (1) would not be 
required or would be waived, and reasonably relied 
on that representation in accepting reappointment.
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•HR 5136 EH1S 
SEC. 1109. SUSPENSION OF DCIPS PAY AUTHORITY EX-
TENDED FOR A YEAR. 
Section 1114(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (10 U.S.C. 1601 note) is 
amended by striking ‘‘December 31, 2010’’ and inserting 
‘‘December 31, 2011’’. 
SEC. 1110. FEDERAL INTERNSHIP PROGRAMS. 
(a) IN GENERAL.—Subchapter I of chapter 31 of title 
5, United States Code, is amended by inserting after sec-
tion 3111 the following: 
‘‘§ 3111a. Federal internship programs 
‘‘(a) INTERNSHIP COORDINATOR.—The head of each 
agency operating an internship program shall appoint an 
individual within such agency to serve as an internship 
coordinator. 
‘‘(b) ONLINE INFORMATION.— 
‘‘(1) AGENCIES.—The head of each agency op-
erating an internship program shall make publicly 
available on the Internet— 
‘‘(A) the name and contact information of 
the internship coordinator for such program; 
and 
‘‘(B) information regarding application 
procedures and deadlines for such internship 
program.
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•HR 5136 EH1S 
‘‘(2) OFFICE OF PERSONNEL MANAGEMENT.— 
The Office of Personnel Management shall make 
publicly available on the Internet links to the 
websites where the information described in para-
graph (1) is displayed. 
‘‘(c) CENTRALIZED DATABASE.—The Office shall es-
tablish and maintain a centralized electronic database that 
contains the names, contact information, and relevant 
skills of individuals who have completed or are nearing 
completion of an internship program and are currently 
seeking full-time Federal employment. 
‘‘(d) EXIT INTERVIEW REQUIREMENT.—The agency 
operating an internship program shall conduct an exit 
interview of each intern that completes such program. 
‘‘(e) REPORT.— 
‘‘(1) IN GENERAL.—The head of each agency 
operating an internship program shall annually sub-
mit to the Office a report assessing such internship 
program. 
‘‘(2) CONTENTS.—Each report required under 
paragraph (1) for an agency shall include, for the 1- 
year period ending on September 1 of the year in 
which the report is submitted— 
‘‘(A) the number of interns that partici-
pated in an internship program at such agency;
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•HR 5136 EH1S 
‘‘(B) information regarding the demo-
graphic characteristics of interns at such agen-
cy, including educational background; 
‘‘(C) a description of the steps taken by 
such agency to increase the percentage of in-
terns who are offered permanent Federal jobs 
and the percentage of interns who accept the 
offers of such jobs, and any barriers encoun-
tered; 
‘‘(D) a description of activities engaged in 
by such agency to recruit new interns, including 
locations and methods; 
‘‘(E) a description of the diversity of work 
roles offered within internship programs at such 
agency; 
‘‘(F) a description of the mentorship por-
tion of such internship programs; and 
‘‘(G) a summary of exit interviews con-
ducted by such agency upon completion of an 
internship program by an intern. 
‘‘(3) SUBMISSION.—Each report required under 
paragraph (1) shall be submitted to the Office be-
tween September 1 and September 30 of each year. 
Not later than December 30 of each year, the Office 
shall submit to Congress a report summarizing the
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•HR 5136 EH1S 
information submitted to the Office in accordance 
with paragraph (1) for such year. 
‘‘(f) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘internship program’ means— 
‘‘(A) a volunteer service program under 
section 3111(b); and 
‘‘(B) the Student Educational Employment 
Program established under section 213.3202 of 
title 5, Code of Federal Regulations, as in effect 
on January 1, 2009; 
‘‘(2) the term ‘intern’ means an individual serv-
ing in an internship program.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 31 of title 5, United States Code, is amended 
by inserting after the item relating to section 3111 the 
following: 
‘‘3111a. 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 
TER-
RORISM. 
(a) IN GENERAL.—Section 1208(a) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal
627 
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Year 2005 (Public Law 108–375; 118 Stat. 2086), as 
most recently amended by section 1202(a) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public 
Law 111–84; 123 Stat. 2511), is further amended by 
striking ‘‘$40,000,000’’ and inserting ‘‘$50,000,000’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2010. 
SEC. 1202. ADDITION OF ALLIED GOVERNMENT AGENCIES 
TO 
ENHANCED 
LOGISTICS 
INTEROPER-
ABILITY AUTHORITY. 
(a) ENHANCED INTEROPERABILITY AUTHORITY.— 
Subsection (a) of section 127d of title 10, United States 
Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Subject to’’; 
(2) by inserting ‘‘of the United States’’ after 
‘‘armed forces’’; 
(3) by striking the second sentence; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(2) In addition to any logistic support, supplies, and 
services provided under paragraph (1), the Secretary may 
provide logistic support, supplies, and services to allied 
forces solely for the purpose of enhancing the interoper-
ability of the logistical support systems of military forces 
participating in combined operations with the United
628 
•HR 5136 EH1S 
States in order to facilitate such operations. Such logistic 
support, supplies, and services may also be provided under 
this paragraph to a nonmilitary logistics, security, or simi-
lar agency of an allied government if such provision would 
directly benefit the armed forces of the United States. 
‘‘(3) Provision of support, supplies, and services pur-
suant to paragraph (1) or (2) may be made only with the 
concurrence of the Secretary of State.’’. 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (b), by striking ‘‘subsection 
(a)’’ in paragraphs (1) and (2) and inserting ‘‘sub-
section (a)(1)’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Except as provided in 
paragraph (2), the’’ and inserting ‘‘The’’; 
and 
(ii) by striking ‘‘this section’’ and in-
serting ‘‘subsection (a)(1)’’; and 
(B) in paragraph (2), by striking ‘‘In addi-
tion’’ and all that follows through ‘‘fiscal year,’’ 
and inserting ‘‘The value of the logistic support, 
supplies, and services provided under subsection 
(a)(2) in any fiscal year may not’’.
629 
•HR 5136 EH1S 
SEC. 1203. MODIFICATION AND EXTENSION OF AUTHORI-
TIES RELATING TO PROGRAM TO BUILD THE 
CAPACITY OF FOREIGN MILITARY FORCES. 
(a) ANNUAL
FUNDING
LIMITATION.—Subsection 
(c)(1) of section 1206 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3456), as amended by section 1206(b) of the Duncan 
Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4625), is fur-
ther amended by striking ‘‘$350,000,000’’ and inserting 
‘‘$500,000,000’’. 
(b) TEMPORARY
LIMITATION
ON
AMOUNT
FOR 
BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT 
MILITARY AND STABILITY OPERATIONS.— 
(1) IN
GENERAL.—Subsection (c)(5) of such 
section is amended— 
(A) by striking ‘‘and not more than’’ and 
inserting ‘‘not more than’’; and 
(B) by inserting after ‘‘fiscal year 2011’’ 
the 
following: 
‘‘, 
and 
not 
more 
than 
$100,000,000 may be used during fiscal year 
2012’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on October 1, 
2010, and shall apply with respect to programs
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•HR 5136 EH1S 
under subsection (a) of such section that begin on 
or after that date. 
(c) TEMPORARY AUTHORITY TO BUILD THE CAPAC-
ITY OF YEMEN’S COUNTER-TERRORISM FORCES.—Such 
section is further amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) TEMPORARY AUTHORITY TO BUILD THE CAPAC-
ITY OF YEMEN’S COUNTER-TERRORISM FORCES.— 
‘‘(1) AUTHORITY OF SECRETARY OF STATE.— 
‘‘(A) IN
GENERAL.—Of the funds made 
available under subsection (c) for the authority 
of subsection (a) for fiscal year 2011, the Sec-
retary of Defense shall transfer to the Secretary 
of State $75,000,000 of such funds for pur-
poses of providing assistance under section 23 
of the Arms Export Control Act (22 U.S.C. 
2763) to build the capacity of the counter-ter-
rorism forces of the Yemeni Ministry of Inte-
rior. 
‘‘(B) CERTIFICATION.—The Secretary of 
Defense may transfer funds pursuant to sub-
paragraph (A) only if, not later than July 31,
631 
•HR 5136 EH1S 
2011, the Secretary of State certifies to the 
Secretary of Defense and the congressional 
committees specified in subsection (e)(3) that 
the Secretary of State is able to effectively 
carry out the purpose of subparagraph (A). 
‘‘(C) AVAILABILITY OF FUNDS.—Amounts 
available under this paragraph for the authority 
of subparagraph (A) for fiscal year 2011 may 
be used to conduct or support a program or 
programs under that authority that begin in fis-
cal year 2011 but end in fiscal year 2012. 
‘‘(2) AUTHORITY
OF
SECRETARY
OF
DE-
FENSE.—If a certification described in paragraph 
(1)(B) is not made by July 31, 2011, the Secretary 
of Defense may, with the concurrence of the Sec-
retary of State, use up to $75,000,000 of the funds 
made available under subsection (c) for the authority 
of subsection (a) for fiscal year 2011 to conduct or 
support a program or programs under the authority 
of subsection (a) to build the capacity of the 
counter-terrorism forces of the Yemeni Ministry of 
Interior. 
‘‘(3) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) BY SECRETARY OF STATE.—The Sec-
retary of State shall notify the congressional
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•HR 5136 EH1S 
committees specified in subsection (e)(3) when-
ever the Secretary of State makes a certifi-
cation under paragraph (1)(B) for purposes of 
exercising the authority of paragraph (1). 
‘‘(B) BY SECRETARY OF DEFENSE.—The 
Secretary of Defense shall notify the congres-
sional committees specified in subsection (e)(3) 
whenever the Secretary of Defense exercises the 
authority of paragraph (2) to support or con-
duct a program or programs described in para-
graph (2). 
‘‘(C) CONTENTS.—A notification under 
subparagraph (A) or (B) shall include a de-
scription of the program or programs to be con-
ducted or supported under the authority of this 
subsection.’’. 
(d) ONE-YEAR EXTENSION OF AUTHORITY.—Sub-
section (h) of such section, as most recently amended by 
section 1206(c) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4625) and redesignated by subsection (c) 
of this section, is further amended by— 
(1) by striking ‘‘September 30, 2011’’ and in-
serting ‘‘September 30, 2012’’; and
633 
•HR 5136 EH1S 
(2) by striking ‘‘fiscal years 2006 through 
2011’’ and inserting ‘‘fiscal years 2006 through 
2012’’. 
SEC. 1204. AIR FORCE SCHOLARSHIPS FOR PARTNERSHIP 
FOR PEACE NATIONS TO PARTICIPATE IN 
THE EURO-NATO JOINT JET PILOT TRAINING 
PROGRAM. 
(a) ESTABLISHMENT OF SCHOLARSHIP PROGRAM.— 
The Secretary of the Air Force shall establish and main-
tain a demonstration scholarship program to allow per-
sonnel of the air forces of countries that are signatories 
of the Partnership for Peace Framework Document to re-
ceive undergraduate pilot training and necessary related 
training through the Euro-NATO Joint Jet Pilot Training 
(ENJJPT) program. The Secretary of the Air Force shall 
establish the program pursuant to regulations prescribed 
by the Secretary of Defense in consultation with the Sec-
retary of State. 
(b) TRANSPORTATION, SUPPLIES, 
AND
ALLOW-
ANCE.—Under such conditions as the Secretary of the Air 
Force may prescribe, the Secretary may provide to a per-
son receiving a scholarship under the scholarship pro-
gram— 
(1) transportation incident to the training re-
ceived under the ENJJPT program;
634 
•HR 5136 EH1S 
(2) supplies and equipment to be used during 
the training; 
(3) flight clothing and other special clothing re-
quired for the training; 
(4) billeting, food, and health services; and 
(5) a living allowance at a rate to be prescribed 
by the Secretary, taking into account the amount of 
living allowances authorized for a member of the 
armed forces under similar circumstances. 
(c) RELATION TO EURO-NATO JOINT JET PILOT 
TRAINING PROGRAM.— 
(1) ENJJPT STEERING COMMITTEE AUTHOR-
ITY.—Nothing in this section shall be construed or 
interpreted to supersede the authority of the 
ENJJPT Steering Committee under the ENJJPT 
Memorandum of Understanding. Pursuant to the 
ENJJPT Memorandum of Understanding, the 
ENJJPT Steering Committee may resolve to forbid 
any airman or airmen from a Partnership for Peace 
nation to participate in the Euro-NATO Joint Jet 
Pilot Training program under the authority of a 
scholarship under this section. 
(2) NO
REPRESENTATION.—Countries whose 
air force personnel receive scholarships under the
635 
•HR 5136 EH1S 
scholarship program shall not have privilege of 
ENJJPT Steering Committee representation. 
(d) LIMITATION
ON ELIGIBLE COUNTRIES.—The 
Secretary of the Air Force may not use the authority in 
subsection (a) to provide assistance described in sub-
section (b) to any foreign country that is otherwise prohib-
ited from receiving such type of assistance under the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or 
any other provision of law. 
(e) COST-SHARING.—For purposes of ENJJPT cost- 
sharing, personnel of an air force of a foreign country who 
receive a scholarship under the scholarship program may 
be counted as United States pilots. 
(f) PROGRESS REPORT.—Not later than February 1, 
2015, the Secretary of the Air Force shall submit to the 
congressional defense committees, the Committee on For-
eign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate a report 
on the status of the demonstration program, including the 
opinion of the Secretary and NATO allies on the benefits 
of the program and whether or not to permanently author-
ize the program or extend the program beyond fiscal year 
2015. The report shall specify the following: 
(1) The countries participating in the scholar-
ship program.
636 
•HR 5136 EH1S 
(2) The total number of foreign pilots who re-
ceived scholarships under the scholarship program. 
(3) The amount expended on scholarships 
under the scholarship program. 
(4) The source of funding for scholarships 
under the scholarship program. 
(g) DURATION.—No scholarship may be awarded 
under the scholarship program after September 30, 2015. 
(h) FUNDING SOURCE.—Amounts to award scholar-
ships under the scholarship program shall be derived from 
amounts authorized to be appropriated for operation and 
maintenance for the Air Force. 
Subtitle B—Matters Relating to 
Iraq, Afghanistan, and Pakistan 
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 
CERTAIN PURPOSES RELATING TO IRAQ. 
No funds appropriated pursuant to an authorization 
of appropriations in this Act may be obligated or expended 
for a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control of the oil 
resources of Iraq.
637 
•HR 5136 EH1S 
SEC. 1212. COMMANDERS’ EMERGENCY RESPONSE PRO-
GRAM. 
(a) AUTHORITY FOR FISCAL YEAR 2011.—During 
fiscal year 2011, from funds made available to the Depart-
ment of Defense for operation and maintenance for such 
fiscal year— 
(1) not to exceed $100,000,000 may be used by 
the Secretary of Defense in such fiscal year to pro-
vide funds for the Commanders’ Emergency Re-
sponse Program in Iraq; and 
(2) not to exceed $800,000,000 may be used by 
the Secretary of Defense in such fiscal year to pro-
vide funds for the Commanders’ Emergency Re-
sponse Program in Afghanistan. 
(b) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Not later than 30 days after 
the end of each fiscal-year quarter of fiscal year 
2011, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding 
the Commanders’ Emergency Response Program. 
(2) MATTERS TO BE INCLUDED.—The report 
required under paragraph (1) shall include the fol-
lowing: 
(A) The allocation and use of funds under 
the Commanders’ Emergency Response Pro-
gram or any other provision of law making
638 
•HR 5136 EH1S 
funding available for the Commanders’ Emer-
gency Response Program during the fiscal-year 
quarter. 
(B) The dates of obligation and expendi-
ture of such funds during the fiscal-year quar-
ter. 
(C) A description of each project for which 
amounts in excess of $500,000 were obligated 
or expended during the fiscal-year quarter. 
(D) The dates of obligation and expendi-
ture of funds under the Commanders’ Emer-
gency Response Program or any other provision 
of law making funding available for the Com-
manders’ Emergency Response Program for 
each of fiscal years 2004 through 2010. 
(3) MATTERS TO BE INCLUDED WITH RESPECT 
TO COMMANDERS’ EMERGENCY RESPONSE PROGRAM 
IN IRAQ.—The report required under paragraph (1) 
shall include the following with respect to the Com-
manders’ Emergency Response Program in Iraq: 
(A) A written statement by the Secretary 
of Defense, or the Deputy Secretary of Defense 
if the authority under subsection (f) is dele-
gated to the Deputy Secretary of Defense, af-
firming that the certification required under
639 
•HR 5136 EH1S 
subsection (f) was issued for each project for 
which amounts in excess of $1,000,000 were 
obligated or expended during the fiscal-year 
quarter. 
(B) For each project listed in subpara-
graph (A), the following information: 
(i) A description and justification for 
carrying out the project. 
(ii) A description of the extent of in-
volvement by the Government of Iraq in 
the project, including— 
(I) the amount of funds provided 
by the Government of Iraq for the 
project; and 
(II) a description of the plan for 
the transition of such project upon 
completion to the people of Iraq and 
for the sustainment of any completed 
facilities, including any commitments 
by the Government of Iraq to sustain 
projects requiring the support of the 
Government of Iraq for sustainment. 
(iii) A description of the current sta-
tus of the project, including, where appro-
priate, the projected completion date.
640 
•HR 5136 EH1S 
(C) A description of the status of 
transitioning activities to the Government of 
Iraq, including— 
(i) the level of funding provided and 
expended by the Government of Iraq in 
programs designed to meet urgent humani-
tarian relief and reconstruction require-
ments that immediately assist the Iraqi 
people; and 
(ii) a description of the progress made 
in transitioning the responsibility for the 
Sons of Iraq Program to the Government 
of Iraq. 
(c) SUBMISSION OF GUIDANCE.— 
(1) INITIAL SUBMISSION.—Not later than 30 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congres-
sional defense committees a copy of the guidance 
issued by the Secretary to the Armed Forces con-
cerning the allocation of funds through the Com-
manders’ Emergency Response Program. 
(2) MODIFICATIONS.—If the guidance in effect 
for the purpose stated in paragraph (1) is modified, 
the Secretary shall submit to the congressional de-
fense committees a copy of the modification not later
641 
•HR 5136 EH1S 
than 15 days after the date on which the Secretary 
makes the modification. 
(d) WAIVER AUTHORITY.—For purposes of exer-
cising the authority provided by this section or any other 
provision of law making funding available for the Com-
manders’ Emergency Response Program, the Secretary of 
Defense may waive any provision of law not contained in 
this section that would (but for the waiver) prohibit, re-
strict, limit, or otherwise constrain the exercise of that au-
thority. 
(e) PROHIBITION
ON CERTAIN PROJECTS UNDER 
COMMANDERS’ EMERGENCY
RESPONSE
PROGRAM
IN 
IRAQ.— 
(1) PROHIBITION.—Except as provided in para-
graph (2), funds made available under this section 
for the Commanders’ Emergency Response Program 
in Iraq may not be obligated or expended to carry 
out any project if the total amount of such funds 
made available for the purpose of carrying out the 
project exceeds $2,000,000. 
(2) EXCEPTION.—The prohibition contained in 
paragraph (1) shall not apply with respect to funds 
managed or controlled by the Department of De-
fense that were otherwise provided by another de-
partment or agency of the United States Govern-
642 
•HR 5136 EH1S 
ment, the Government of Iraq, the government of a 
foreign country, a foundation or other charitable or-
ganization (including a foundation or charitable or-
ganization that is organized or operates under the 
laws of a foreign country), or any source in the pri-
vate sector of the United States or a foreign coun-
try. 
(3) WAIVER.—The Secretary of Defense may 
waive the prohibition contained in paragraph (1) if 
the Secretary— 
(A) determines that such a waiver is re-
quired to meet urgent humanitarian relief and 
reconstruction requirements that will imme-
diately assist the Iraqi people; and 
(B) submits in writing, within 15 days of 
issuing such waiver, to the congressional de-
fense committees a notification of the waiver, 
together with a discussion of— 
(i) the unmet and urgent needs to be 
addressed by the project; and 
(ii) any arrangements between the 
Government of the United States and the 
Government of Iraq regarding the provi-
sion of Iraqi funds for carrying out and 
sustaining the project.
643 
•HR 5136 EH1S 
(f) CERTIFICATION OF CERTAIN PROJECTS UNDER 
THE COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN 
IRAQ.— 
(1) CERTIFICATION.—Funds made available 
under this section for the Commanders’ Emergency 
Response Program in Iraq may not be obligated or 
expended to carry out any project if the total 
amount of such funds made available for the pur-
pose of carrying out the project exceeds $1,000,000 
unless the Secretary of Defense certifies that the 
project addresses urgent humanitarian relief and re-
construction requirements that will immediately as-
sist the Iraqi people. 
(2) DELEGATION.—The Secretary may delegate 
the authority under paragraph (1) to the Deputy 
Secretary of Defense. 
(g) DEFINITIONS.—In this section— 
(1) the term ‘‘Commanders’ Emergency Re-
sponse Program’’ means— 
(A) with respect to Iraq, the program es-
tablished by the Administrator of the Coalition 
Provisional Authority for the purpose of ena-
bling United States military commanders in 
Iraq to respond to urgent humanitarian relief 
and reconstruction requirements within their
644 
•HR 5136 EH1S 
areas of responsibility by carrying out programs 
that will immediately assist the Iraqi people; 
and 
(B) with respect to Afghanistan, the pro-
gram established for Afghanistan for purposes 
similar to the program established for Iraq, as 
described in subparagraph (A); 
(2) the term ‘‘Commanders’ Emergency Re-
sponse Program in Iraq’’ means the program de-
scribed in paragraph (1)(A); and 
(3) the term ‘‘Commanders’ Emergency Re-
sponse Program in Afghanistan’’ means the program 
described in paragraph (1)(B). 
SEC. 1213. MODIFICATION OF AUTHORITY FOR REIMBURSE-
MENT TO CERTAIN COALITION NATIONS FOR 
SUPPORT PROVIDED TO UNITED STATES 
MILITARY OPERATIONS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of 
section 1233 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
393), as amended by section 1223 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111– 
84; 123 Stat. 2519), is further amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘2010’’ and inserting ‘‘2011’’; and
645 
•HR 5136 EH1S 
(2) by adding at the end the following: 
‘‘(3) Logistical and military support provided 
by that nation to confront the threat posed by 
al’Qaida, the Taliban, and other militant extremists 
in Pakistan.’’. 
(b) LIMITATION ON AMOUNT.—Subsection (d)(1) of 
such section is amended by striking ‘‘2010’’ and inserting 
‘‘2011’’. 
SEC. 1214. MODIFICATION OF REPORT ON RESPONSIBLE 
REDEPLOYMENT OF UNITED STATES ARMED 
FORCES FROM IRAQ. 
(a) REPORT REQUIRED.—Subsection (a) of section 
1227 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2525; 50 
U.S.C. 1541 note) is amended— 
(1) by striking ‘‘December 31, 2009’’ and in-
serting ‘‘December 31, 2010’’; and 
(2) by striking ‘‘90 days thereafter’’ and insert-
ing ‘‘180 days thereafter’’. 
(b) ELEMENTS.—Subsection (b) of such section is 
amended— 
(1) in paragraph (5), by striking ‘‘Multi-Na-
tional Force–Iraq’’ each place it occurs and inserting 
‘‘United States Forces–Iraq’’; and 
(2) by adding at the end the following:
646 
•HR 5136 EH1S 
‘‘(6) An assessment of progress to transfer re-
sponsibility of programs, projects, and activities car-
ried out in Iraq by the Department of Defense to 
other United States Government departments and 
agencies, international or nongovernmental entities, 
or the Government of Iraq. The assessment should 
include a description of the numbers and categories 
of programs, projects, and activities for which such 
other entities have taken responsibility or which 
have been discontinued by the Department of De-
fense. The assessment should also include a discus-
sion of any difficulties or barriers in transitioning 
such programs, projects, and activities and what, if 
any, solutions have been developed to address such 
difficulties or barriers. 
‘‘(7) An assessment of progress toward the goal 
of establishing those minimum essential capabilities 
determined by the Secretary of Defense as necessary 
to allow the Government of Iraq to provide for its 
own internal and external defense, including a de-
scription of— 
‘‘(A) such capabilities both extant and re-
maining to be developed; 
‘‘(B) major military equipment necessary 
to achieve such capabilities;
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•HR 5136 EH1S 
‘‘(8) CONDITIONS
NECESSARY
FOR
ACHIEVE-
MENT OF PROGRESS.—A discussion of the conditions 
and criteria that would need to exist in key districts 
and across Afghanistan to— 
‘‘(A) meet United States and coalition 
goals in Afghanistan and the region; 
‘‘(B) permit the transition of lead security 
responsibility in key districts to the Government 
of Afghanistan; and 
‘‘(C) permit the redeployment of United 
States Armed Forces and coalition forces from 
Afghanistan.’’. 
(3) MATTERS TO BE INCLUDED: PERFORMANCE 
INDICATORS AND MEASURES OF PROGRESS TOWARD 
SUSTAINABLE LONG-TERM SECURITY AND STABILITY 
IN AFGHANISTAN.—Subsection (d) of such section is 
amended by adding at the end the following: 
‘‘(3) CONDITIONS
NECESSARY
FOR
ACHIEVE-
MENT OF PROGRESS.—With respect to each perform-
ance indicator and measure of progress specified in 
paragraph (2) (A) through (L), the report shall in-
clude a description of the conditions that would need 
to exist in Afghanistan for the Secretary of Defense 
to conclude that such indicator or measure of 
progress has been achieved.’’.
651 
•HR 5136 EH1S 
(b) UNITED STATES PLAN FOR SUSTAINING THE AF-
GHANISTAN
NATIONAL
SECURITY
FORCES.—Section 
1231(a) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 390) 
is amended by striking ‘‘2010’’ and inserting ‘‘2012’’. 
SEC. 1216. NO PERMANENT MILITARY BASES IN AFGHANI-
STAN. 
None of the funds authorized to be appropriated by 
this Act may be obligated or expended by the United 
States Government to establish any military installation 
or base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Afghanistan. 
SEC. 1217. AUTHORITY TO USE FUNDS FOR REINTEGRA-
TION ACTIVITIES IN AFGHANISTAN. 
(a) AUTHORITY.—If a certification described in sub-
section (b) is made in accordance with such subsection, 
the Secretary of Defense may utilize not more than 
$50,000,000 from funds made available to the Depart-
ment of Defense for operations and maintenance for fiscal 
year 2011 to support in those areas of Afghanistan speci-
fied in the certification the reintegration into Afghan soci-
ety of those individuals who— 
(1) have ceased all support to the insurgency in 
Afghanistan;
652 
•HR 5136 EH1S 
(2) have agreed to live in accordance with the 
Constitution of Afghanistan; 
(3) have renounced violence against the Govern-
ment of Afghanistan and its international partners; 
and 
(4) do not have material ties to al Qaeda or af-
filiated transnational terrorist organizations. 
(b) CERTIFICATION.—A certification described in this 
subsection is a certification made by the Secretary of 
State, in coordination with the Administrator of United 
States Agency for International Development, to the ap-
propriate congressional committees stating that it is nec-
essary for the Department of Defense to carry out a pro-
gram of reintegration in areas of Afghanistan that are 
specified by the Secretary of State in the certification. 
Such certification shall include— 
(1) a statement that such program is necessary 
to support the goals of the United States in Afghan-
istan; and 
(2) a certification that the Department of State 
and the United States Agency for International De-
velopment are unable to carry out a similar program 
of reintegration in the areas specified by the Sec-
retary of State because of the security environment 
of such areas or for other reasons.
653 
•HR 5136 EH1S 
(c) SUBMISSION OF GUIDANCE.— 
(1) INITIAL SUBMISSION.—Not later than 30 
days after the date of the enactment of this Act, the 
Secretary of Defense, with the concurrence of the 
Secretary of State, shall submit to the appropriate 
congressional committees a copy of the guidance 
issued by the Secretary or the Secretary’s designee 
concerning the allocation of funds utilizing the au-
thority of subsection (a). Such guidance shall in-
clude— 
(A) mechanisms for coordination with the 
Government of Afghanistan and other United 
States Government departments and agencies 
as appropriate; 
(B) mechanisms to track the status of 
those individuals described in subsection (a); 
and 
(C) metrics to monitor and evaluate the 
impact of funds used pursuant to subsection 
(a). 
(2) MODIFICATIONS.—If the guidance in effect 
for the purpose stated in paragraph (1) is modified, 
the Secretary of Defense, with the concurrence of 
the Secretary of State, shall submit to the appro-
priate congressional committees a copy of the modi-
654 
•HR 5136 EH1S 
fication not later than 15 days after the date on 
which such modification is made. 
(d) QUARTERLY REPORTS.—The Secretary of De-
fense shall submit to the appropriate congressional com-
mittees a report on activities carried out utilizing the au-
thority of subsection (a). 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Committee on Foreign Affairs of the 
House of Representative and the Committee on For-
eign Relations of the Senate. 
(f) EXPIRATION.—The authority to utilize funds 
under subsection (a) shall expire at the close of December 
31, 2011. 
SEC. 1218. ONE-YEAR EXTENSION OF PAKISTAN COUNTER-
INSURGENCY FUND. 
Section 1224(h) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2521) is amended by striking ‘‘September 30, 2010’’ 
both places it appears and inserting ‘‘September 30, 
2011’’.
655 
•HR 5136 EH1S 
SEC. 1219. AUTHORITY TO USE FUNDS TO PROVIDE SUP-
PORT TO COALITION FORCES SUPPORTING 
MILITARY AND STABILITY OPERATIONS IN 
IRAQ AND AFGHANISTAN. 
(a) AUTHORITY.—Notwithstanding section 127d(c) 
of title 10, United States Code, up to $400,000,000 of 
the funds available to the Department of Defense by sec-
tion 1509 of this Act may be used to provide supplies, 
services, transportation, including airlift and sealift, and 
other logistical support to coalition forces supporting mili-
tary and stability operations in Iraq and Afghanistan. 
(b) QUARTERLY REPORTS.—The Secretary of De-
fense shall submit quarterly reports to the congressional 
defense committees regarding support provided under this 
section. 
SEC. 1220. REQUIREMENT TO PROVIDE UNITED STATES 
BRIGADE 
AND 
EQUIVALENT 
UNITS 
DE-
PLOYED TO AFGHANISTAN WITH THE COM-
MENSURATE LEVEL OF UNIT AND THEATER- 
WIDE COMBAT ENABLERS. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to provide each United States brigade and 
equivalent units deployed to Afghanistan with the com-
mensurate level of unit and theater-wide combat enablers 
to—
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•HR 5136 EH1S 
(1) implement the United States strategy to 
disrupt, dismantle, and defeat al Qaeda, the Taliban, 
and their affiliated networks and eliminate their safe 
haven; 
(2) achieve the military campaign plan; 
(3) minimize the level risk to United States, co-
alition, and Afghan forces; and 
(4) reduce the number of military and civilian 
casualties. 
(b) REQUIREMENT.—In order to achieve the policy 
expressed in subsection (a), the Secretary of Defense shall 
provide each United States brigade and equivalent units 
deployed to Afghanistan with the commensurate level of 
unit and theater-wide combat enablers. 
(c) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report con-
taining— 
(1) a description of United States Forces–Af-
ghanistan requests for forces for fiscal years 2008, 
2009, and 2010; 
(2) a description of the current troop-to-task 
analysis and resource requirements;
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•HR 5136 EH1S 
(3) the number of United States brigade and 
equivalent units deployed to Afghanistan; 
(4) the number of United States unit and the-
ater-wide combat enablers deployed to Afghanistan, 
including at a minimum, a breakdown of— 
(A) Intelligence, Surveillance, and Recon-
naissance (ISR); 
(B) force protection, including force pro-
tection at each United States Forward Oper-
ating Base (FOB); and 
(C) medical evacuation (MEDEVAC); and 
(5) an assessment of the risk to United States, 
coalition, and Afghan forces based on a lack of com-
bat enablers. 
(d) COMBAT ENABLERS DEFINED.—In this section, 
the term ‘‘combat enablers’’ includes— 
(1) Intelligence, Surveillance, and Reconnais-
sance (ISR); 
(2) force protection, including force protection 
at each United States Forward Operating Base 
(FOB); 
(3) medical evacuation (MEDEVAC); and 
(4) any other combat enablers as determined by 
the Secretary of Defense.
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•HR 5136 EH1S 
SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR 
ELECTIONS IN AFGHANISTAN. 
(a) LIMITATION.—No funds authorized to be appro-
priated by this Act may be made available to support the 
holding of elections in Afghanistan unless and until the 
President submits a certification described in subsection 
(b) to the congressional officials specified in subsection 
(c). 
(b) CERTIFICATION DESCRIBED.—A certification de-
scribed in this subsection is certification in writing that 
contains a determination of the President of the following: 
(1) The Afghanistan Independent Election 
Commission has the professional capacity, personnel, 
skills, independence, and legal authority to conduct 
and oversee free, fair, and honest elections. 
(2) The Afghanistan Independent Election 
Commission, to the extent possible, has been purged 
of all members and staff who committed or were 
otherwise participants in any fraud of the 2009 
presidential elections, including covering up the elec-
toral fraud or otherwise were negligent in inves-
tigating allegations of electoral fraud. 
(3) The Afghan Electoral Complaints Commis-
sion is a genuinely independent body with all the au-
thorities that were invested in it under Afghanistan
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•HR 5136 EH1S 
law as of December 31, 2009, and with no members 
appointed by President Hamid Karzai. 
(c) CONGRESSIONAL OFFICIALS SPECIFIED.—The 
congressional officials specified in this subsection are the 
following: 
(1) The Speaker and minority leader of the 
House of Representatives. 
(2) The majority leader and minority leader of 
the Senate. 
(3) The Chairman and ranking member of the 
Committee on Armed Services and the Chairman 
and ranking member of the Committee on Foreign 
Affairs of the House of Representatives. 
(4) The Chairman and ranking member of the 
Committee on Armed Services and the Chairman 
and ranking member of the Committee on Foreign 
Relations of the Senate. 
SEC. 1222. RECOMMENDATIONS ON OVERSIGHT OF CON-
TRACTORS ENGAGED IN ACTIVITIES RELAT-
ING TO AFGHANISTAN. 
(a) RECOMMENDATIONS REQUIRED.—Not later than 
90 days after the date of the enactment of this Act, the 
Special Inspector General for Afghanistan Reconstruction 
shall, in consultation with the Inspector General of the De-
partment of Defense, the Inspector General of the United
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•HR 5136 EH1S 
States Agency for International Development, and the In-
spector General of the Department of State— 
(1) issue recommendations on measures to in-
crease oversight of contractors engaged in activities 
relating to Afghanistan that have a record of engag-
ing in waste, fraud, or abuse; 
(2) report on the status of efforts of the De-
partment of Defense, the United States Agency for 
International Development, and the Department of 
State to implement existing recommendations re-
garding oversight of such contractors; and 
(3) report on the extent to which military and 
security contractors or subcontractors engaged in ac-
tivities relating to Afghanistan have been responsible 
for the deaths of Afghan civilians. 
(b) ELEMENTS OF RECOMMENDATIONS.—The rec-
ommendations issued under subsection (a)(1) shall in-
clude— 
(1) recommendations for reducing the reliance 
of the United States on— 
(A) military and security contractors or 
subcontractors engaged in activities relating to 
Afghanistan that have been responsible respon-
sible for the deaths of Afghan civilians; and
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•HR 5136 EH1S 
(B) Afghan militias or other armed groups 
that are not part of the Afghan National Secu-
rity Forces; and 
(2) recommendations for prohibiting the De-
partment of Defense, the Department of State, or 
the United States Agency for International Develop-
ment from entering into contracts with contractors 
engaged in activities relating to Afghanistan that 
have a record of engaging in waste, fraud, or abuse. 
SEC. 1223. REPORT ON LONG-TERM COSTS OF OPERATION 
IRAQI FREEDOM AND OPERATION ENDURING 
FREEDOM. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States has been engaged in 
military operations in Afghanistan since October 
2001 and in military operations in Iraq since March 
2003. 
(2) According to the Congressional Research 
Service, through fiscal year 2009, Congress has ap-
propriated $944,000,000,000 for the Department of 
Defense, the Department of State, and for medical 
costs paid by the Department of Veterans Affairs. 
This amount includes $683,000,000,000 for Iraq 
and $227,000,000,000 for Afghanistan.
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•HR 5136 EH1S 
(3) Over 90 percent of Department of Defense 
funds for operations in Iraq and Afghanistan have 
been provided as emergency funds in supplemental 
or additional appropriations. 
(4) The Congressional Budget Office and the 
Congressional Research Service have stated that fu-
ture war costs are difficult to estimate because the 
Department of Defense provides little information on 
costs incurred to date, does not report outlays or ac-
tual expenditures for war because war and baseline 
funds are mixed in the same accounts, and because 
of a lack of information from the Department of De-
fense on many of the key factors that determine 
costs, including personnel levels or the pace of oper-
ations. 
(5) Over 2 million United States troops have 
served in Iraq and Afghanistan since the beginning 
of the conflicts. 
(6) Over 4,400 United States troops and De-
partment of Defense civilian personnel have been 
killed in Operation Iraqi Freedom and over 1,060 
United States troops and Department of Defense ci-
vilian personnel have been killed in Operation En-
during Freedom.
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•HR 5136 EH1S 
(7) Over 1,340 service members have suffered 
amputations as a result of their service in Iraq and 
Afghanistan. 
(8) More than 243,685 Iraq and Afghanistan 
veterans have been treated for mental health condi-
tions, more than 129,654 Iraq and Afghanistan vet-
erans have been diagnosed with Post-Traumatic 
Stress Disorder, and approximately 30,000 have a 
confirmed Traumatic Brain Injury diagnosis. 
(9) Approximately 46 percent of Iraq and Af-
ghanistan veterans have sought treatment at De-
partment of Veterans Affairs hospitals and clinics. 
(10) The Independent Review Group on Reha-
bilitative Care and Administrative Processes at Wal-
ter Reed Army Medical Center and National Naval 
Medical Center identified Traumatic Brain Injury, 
Post-Traumatic Stress Disorder, increased survival 
of severe burns, and traumatic amputations as the 
four signature wounds of the current conflicts. 
(11) The Independent Review Group report also 
states that the recovery process ‘‘can take months or 
years and must accommodate recurring or delayed 
manifestations of symptoms, extended rehabilitation 
and all the life complications that emerge over time 
from such trauma’’.
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•HR 5136 EH1S 
(b) REPORT REQUIREMENT; SCENARIOS.—Not later 
than the date on which the budget of the United States 
Government is submitted under section 1105(a) of title 
31, United States Code, for fiscal year 2012, the Presi-
dent, with contributions from the Secretary of Defense, 
the Secretary of State, and the Secretary of the Depart-
ment of Veterans Affairs, shall submit a report to Con-
gress containing an estimate of the long-term costs of Op-
eration Iraqi Freedom and Operation Enduring Freedom. 
The report shall contain estimates for the following sce-
narios: 
(1) The number of personnel deployed in sup-
port of Operation Iraqi Freedom and Operation En-
during Freedom is reduced from current levels to 
approximately 150,000 by the end of fiscal year 
2011, 65,000 by the end of fiscal year 2012, and 
30,000 by the end of fiscal year 2013, and remains 
at that level through fiscal year 2020. 
(2) The number of personnel deployed in sup-
port of Operation Iraqi Freedom and Operation En-
during Freedom is increased from current levels to 
approximately 235,000 by the end of fiscal year 
2010, is reduced to 230,000 by the end of fiscal year 
2011, is reduced to 195,000 by the end of fiscal year 
2012, is reduced to 135,000 by the end of fiscal year
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•HR 5136 EH1S 
2013, is reduced to 80,000 by the end of fiscal year 
2014, is reduced to 60,000 by the end of fiscal year 
2015, and remains at that level through fiscal year 
2020. 
(3) An alternative scenario, defined by the 
President and based on current war and withdrawal 
plans, which takes into account expected troop levels 
and the expected length of time that troops will be 
deployed in support of Operation Iraqi Freedom and 
Operation Enduring Freedom. 
(c) SPECIAL CONSIDERATIONS.—The estimates re-
quired for each scenario shall make projections through 
at least fiscal year 2020, shall be adjusted appropriately 
for inflation, shall be based on historical trends, and to 
the maximum extent practicable shall take into account 
and specify the following: 
(1) The total number of troops expected to be 
activated and deployed to Iraq and Afghanistan dur-
ing the course of Operation Iraqi Freedom and Op-
eration Enduring Freedom. This number shall in-
clude all troops deployed in the region in support of 
Operation Iraqi Freedom and Operation Enduring 
Freedom and activated reservists in the United 
States who are training, backfilling for deployed 
troops, or supporting other Department of Defense
666 
•HR 5136 EH1S 
missions directly or indirectly related to Operation 
Iraqi Freedom and Operation Enduring Freedom. 
This number shall also break down activations and 
deployments of Active Duty, Reservists, and Na-
tional Guard troops. 
(2) The number of troops, including National 
Guard and Reserve troops, who have served and who 
are expected to serve multiple deployments. 
(3) The number of contractors and private mili-
tary security firms that have been utilized and are 
expected to be utilized during the course of the con-
flicts in Iraq and Afghanistan. 
(4) The number of veterans currently suffering 
and expected to suffer from Post-Traumatic Stress 
Disorder, Traumatic Brain Injury, or other mental 
injuries. 
(5) The number of veterans currently in need of 
and expected to be in need of prosthetic care and 
treatment because of amputations incurred during 
Operation Iraqi Freedom and Operation Enduring 
Freedom. 
(6) The current number of pending Department 
of Veterans Affairs claims from Iraq and Afghani-
stan veterans, and the total number of Iraq and Af-
ghanistan veterans expected to seek disability com-
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•HR 5136 EH1S 
pensation benefits from the Department of Veterans 
Affairs. 
(7) The total number of troops who have been 
killed and wounded in Iraq and Afghanistan to date, 
including noncombat casualties, the total number of 
troops expected to suffer injuries in Iraq and Af-
ghanistan, and the total number of troops expected 
to be killed in Iraq and Afghanistan, including non-
combat casualties. 
(8) Funding already appropriated for the De-
partment of Defense, the Department of State, and 
the Department of Veterans Affairs for costs related 
to the wars in Iraq and Afghanistan. This shall in-
clude an account of the amount of funding from reg-
ular Department of Defense, Department of State, 
and Department of Veterans Affairs budgets that 
has gone and will go to Iraq and Afghanistan. 
(9) Current and future operational expendi-
tures, including funding for combat operations; de-
ploying, transporting, feeding, and housing troops 
(including fuel costs); deployment of National Guard 
and Reserve troops; the equipping and training of 
Iraqi and Afghani forces; purchasing, upgrading, 
and repairing weapons, munitions and other equip-
668 
•HR 5136 EH1S 
ment; and payments to other countries for logistical 
assistance. 
(10) Past, current, and future cost of govern-
ment contractors and private military security firms. 
(11) Average annual cost for each troop and 
combat brigade deployed in support of Operation 
Iraqi Freedom and Operation Enduring Freedom, 
including room and board, equipment and body 
armor, transportation of troops and equipment (in-
cluding fuel costs), and operational costs. 
(12) Current and future cost of combat-related 
special pays and benefits, including reenlistment bo-
nuses. 
(13) Current and future cost of activating Na-
tional Guard and Reserve forces and paying them on 
a full-time basis. 
(14) Current and future cost for reconstruction, 
embassy operations and construction, and foreign 
aid programs for Iraq and Afghanistan. 
(15) Current and future cost of bases and other 
infrastructure to support United States troops in 
Iraq and Afghanistan. 
(16) Current and future cost of providing 
healthcare for returning veterans. This estimate 
shall include the cost of mental health treatment for
670 
•HR 5136 EH1S 
tional Guard equipment, to full strength after the 
wars. 
(21) Cost of the administration’s plan to per-
manently increase the Army and Marine Corps by 
92,000. 
(22) Amount of money borrowed to pay for the 
wars in Iraq and Afghanistan, and the sources of 
that money. 
(23) Interest on borrowed money, including in-
terest for money already borrowed and anticipated 
interest payments on future borrowing for the war 
in Iraq and the war in Afghanistan to the extent all 
spending associated with the war in Iraq and the 
war in Afghanistan have been and will be financed 
with borrowed money. 
Subtitle C—Other Matters 
SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION 
CENTER. 
Section 1244(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2541) is amended— 
(1) by striking ‘‘fiscal year 2010’’ and inserting 
‘‘fiscal year 2011’’; and 
(2) by striking ‘‘$30,000,000’’ and inserting 
‘‘$50,000,000’’.
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•HR 5136 EH1S 
SEC. 1232. NATIONAL MILITARY STRATEGIC PLAN TO 
COUNTER IRAN. 
(a) NATIONAL MILITARY STRATEGIC PLAN RE-
QUIRED.—The Secretary of Defense shall develop a stra-
tegic plan, to be known as the ‘‘National Military Strategic 
Plan to Counter Iran’’. The strategic plan shall— 
(1) outline the Department of Defense’s stra-
tegic planning and provide strategic guidance for 
military activities and operations that support the 
United States policy objective of countering threats 
posed by Iran; 
(2) identify the direct and indirect military con-
tribution to this policy objective, and constitute the 
comprehensive military plan to counter threats posed 
by Iran; 
(3) undertake a review of the intelligence in the 
possession of the Department of Defense to develop 
a list of gaps in intelligence that limit the ability of 
the Department of Defense to counter threats ema-
nating from Iran that the Secretary considers to be 
critical; 
(4) shall develop a plan to address those gaps 
identified in the review under paragraph (3); and 
(5) undertake a review of the plans of the De-
partment of Defense to counter threats to the
672 
•HR 5136 EH1S 
United States, its forces, allies, and interests from 
Iran, including— 
(A) plans for both conflict and peace; 
(B) contributions of the Department of 
Defense to the efforts of other agencies of the 
United States Government to counter or ad-
dress the threat emanating from Iran; and 
(C) any gaps in the plans, capabilities and 
authorities of the Department. 
(b) PLAN.—In addition to the plan required under 
subsection (a), the Secretary of Defense shall develop a 
plan to address those gaps identified in the review re-
quired in subsection (a)(5). The plan shall guide the plan-
ning and actions of the relevant combatant commands, the 
military departments, and combat support agencies that 
the Secretary of Defense determines have a role in coun-
tering threats posed by Iran. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than the date on 
which the President submits to Congress the budget 
for a fiscal year under section 1105 of title 31, 
United States Code, the Secretary of Defense shall 
submit to the congressional defense committees a re-
port identifying and justifying any resources, capa-
bilities, legislative authorities, or changes to current
673 
•HR 5136 EH1S 
law the Secretary believes are necessary to carry out 
the plan required under subsection (b) to address 
the gaps identified in the strategic plan required in 
subsection (a). 
(2) FORM.—The report required in paragraph 
(1) shall be in unclassified form, but may include a 
classified annex. 
SEC. 1233. REPORT ON DEPARTMENT OF DEFENSE’S PLANS 
TO REFORM THE EXPORT CONTROL SYSTEM. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate congressional 
committees a report on the Department of Defense’s plans 
to reform the Department’s export control system. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include— 
(1) a description of the plans of the Depart-
ment of Defense to implement Presidential Study 
Directive 8; and 
(2) an assessment of the extent to which the 
plans to reform the export control system will— 
(A) impact the Defense Technology Secu-
rity Administration of the Department of De-
fense;
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•HR 5136 EH1S 
(B) affect the role of the Department of 
Defense with respect to export control policy; 
and 
(C) ensure greater protection and moni-
toring of key defense items and technologies. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
SEC. 1234. REPORT ON UNITED STATES EFFORTS TO DE-
FEND AGAINST THREATS POSED BY THE AD-
VANCED ANTI-ACCESS CAPABILITIES OF PO-
TENTIALLY HOSTILE FOREIGN COUNTRIES. 
(a) CONGRESSIONAL FINDING.—Congress finds that 
the report of the 2010 Department of Defense Quadren-
nial Defense Review finds that ‘‘Anti-access strategies 
seek to deny outside countries the ability to project power 
into a region, thereby allowing aggression or other desta-
bilizing actions to be conducted by the anti-access power. 
Without dominant capabilities to project power, the integ-
rity of U.S. alliances and security partnerships could be
675 
•HR 5136 EH1S 
called into question, reducing U.S. security and influence 
and increasing the possibility of conflict.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in light of the finding in subsection (a), the 
Secretary of Defense should ensure that the United States 
has the appropriate authorities, capabilities, and force 
structure to defend against any threats posed by the ad-
vanced anti-access capabilities of potentially hostile for-
eign countries. 
(c) REPORT.—Not later than April 1, 2011, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report on United States efforts to defend against 
any threats posed by the advanced anti-access capabilities 
of potentially hostile foreign countries. 
(d) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (c) shall include the following: 
(1) An assessment of any threats posed by the 
advanced anti-access capabilities of potentially hos-
tile foreign countries, including an identification of 
the foreign countries with such capabilities, the na-
ture of such capabilities, and the possible advances 
in such capabilities over the next 10 years. 
(2) A description of any efforts by the Depart-
ment of Defense since the release of the 2010 Quad-
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•HR 5136 EH1S 
rennial Defense Review to address the finding in 
subsection (a). 
(3) A description of the authorities, capabilities, 
and force structure that the United States may re-
quire over the next 10 years to address the finding 
in subsection (a). 
(e) FORM.—The report required under subsection (c) 
shall be submitted in unclassified form, but may contain 
a classified annex if necessary. 
(f) MODIFICATION OF OTHER REPORTS.— 
(1) CONCERNING THE PEOPLE’S REPUBLIC OF 
CHINA.—Section 1202(b) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 
106–65; 113 Stat. 781; 10 U.S.C. 113 note), as 
most recently amended by section 1246 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2544), is fur-
ther amended— 
(A) by redesignating paragraphs (10) 
through (12) as paragraphs (11) through (13), 
respectively; and 
(B) by inserting after paragraph (9) the 
following: 
‘‘(10) Developments in China’s anti-access and 
area denial capabilities.’’.
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•HR 5136 EH1S 
(2) CONCERNING IRAN.—Section 1245(b) of the 
National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 123 Stat. 2542) is 
amended by adding at the end the following: 
‘‘(5) A description and assessment of Iran’s 
anti-access and area denial strategy and capabili-
ties.’’. 
SEC. 1235. REPORT ON FORCE STRUCTURE CHANGES IN 
COMPOSITION AND CAPABILITIES AT MILI-
TARY INSTALLATIONS IN EUROPE. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense, in coordination with the Secretary of State, 
shall submit to the appropriate congressional committees 
a report evaluating potential changes in the composition 
and capabilities of units of the United States Armed 
Forces at military installations in European member na-
tions of the North Atlantic Treaty Organization— 
(1) to satisfy the commitments undertaken by 
United States pursuant to Article 5 of the North At-
lantic Treaty, signed at Washington, District of Co-
lumbia, on April 4, 1949, and entered into force on 
August 24, 1949 (63 Stat. 2241; TIAS 1964);
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•HR 5136 EH1S 
(2) to address the current security environment 
in Europe, including United States participation in 
theater cooperation activities; and 
(3) to contribute to peace and stability in Eu-
rope. 
(b) MATTERS TO BE CONSIDERED.—As part of the 
report, the Secretary of Defense shall consider— 
(1) the stationing of advisory and assist bri-
gades at military installations in Europe; 
(2) the expanded use of Joint Task Forces to 
train and build mutual capabilities with partner 
countries; and 
(3) the stationing of units of the United States 
Armed Forces to support missile defense and cyber- 
security missions. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate.
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•HR 5136 EH1S 
SEC. 1236. SENSE OF CONGRESS ON MISSILE DEFENSE AND 
NEW START TREATY WITH RUSSIAN FEDERA-
TION. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States and the Russian Federa-
tion signed the Treaty between the United States of 
America and the Russian Federation on Measures 
for the Further Reduction and Limitation of Stra-
tegic Offensive Arms (commonly known as the ‘‘New 
START Treaty’’) on April 8, 2010. 
(2) The preamble of the New START Treaty 
states, ‘‘Recognizing the existence of the inter-
relationship between strategic offensive arms and 
strategic defensive arms, that this interrelationship 
will become more important as strategic nuclear 
arms are reduced, and that current strategic defen-
sive arms do not undermine the viability and effec-
tiveness of the strategic offensive arms of the Par-
ties.’’. 
(3) Officials of the United States have stated 
that the New START Treaty does not constrain the 
missile defenses of the United States and according 
to the New START Treaty U.S. Congressional 
Briefing Book of April, 2010, released by the De-
partment of State and the Department of Defense, 
‘‘The United States will continue to invest in im-
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•HR 5136 EH1S 
provements to both strategic and theater missile de-
fenses, both qualitatively and quantitatively, as need-
ed for our security and the security of our allies.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) as stated by officials of the United States, 
there would be no limitations on any phase of the 
phased, adaptive approach to missile defense in Eu-
rope resulting from ratification of the New START 
treaty between the United States and Russia, signed 
on 8 April 2010; 
(2) the United States should deploy the phased, 
adaptive approach for missile defense in Europe to 
protect the United States, its deployed forces, and 
NATO allies, after appropriate testing and con-
sistent with NATO policy; and 
(3) the ground-based midcourse defense system 
in Alaska and California should be maintained, 
evolved, and appropriately tested because it is the 
only missile defense capability as of the date of the 
enactment of this Act that would protect the United 
States from the growing threat of a long-range bal-
listic missile attack.
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•HR 5136 EH1S 
SEC. 1237. REPORT ON THE STRATEGIC IMPLICATIONS OF 
THE SUCCESSFUL NEGOTIATION OF AN INCI-
DENTS AT SEA AGREEMENT BETWEEN THE 
UNITED STATES AND THE GOVERNMENT OF 
IRAN. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense, in coordination with the Secretary of State, 
shall submit to the appropriate congressional committees 
a report evaluating naval security in the Persian Gulf and 
the Strait of Hormuz. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired under subsection (a) shall include an assessment 
of the strategic benefits of the successful negotiation of 
a multilateral or bilateral Incidents at Sea military-to-mili-
tary agreement including the United States and the Gov-
ernment of Iran aimed at defusing tension and preventing 
accidental naval conflict in the Persian Gulf and the Strait 
of Hormuz. Such an assessment should consider and 
evaluate the effect that such an agreement might have on 
commercial, military, and other naval traffic in the region, 
as well as other United States regional strategic interests. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
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•HR 5136 EH1S 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
SEC. 1238. REQUIREMENT TO MONITOR AND EVALUATE DE-
PARTMENT 
OF 
DEFENSE 
ACTIVITIES 
TO 
COUNTER VIOLENT EXTREMISM IN AFRICA. 
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall monitor and 
evaluate the impact of United States Africa Command 
(USAFRICOM) Combined Joint Task Force–Horn of Af-
rica’s (CJTF–HOA) activities to counter violent extre-
mism in Africa, including civil affairs, psychological oper-
ations, humanitarian assistance, and operations to 
strengthen the capacity of partner nations. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report on the following: 
(1) An evaluation of the impact of CJTF– 
HOA’s activities described in subsection (a) to ad-
vance United States security objectives in the Horn 
of Africa, including the extent to which CJTF– 
HOA’s activities—
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(A) disrupt or deny terrorist networks; 
(B) combat violent extremist ideology; 
(C) are aligned with USAFRICOM’s mis-
sion; and 
(D) complement programs conducted by 
the United States Agency for International De-
velopment. 
(2) USAFRICOM’s efforts to monitor and 
evaluate the impact of CJTF–HOA’s activities de-
scribed in subsection (a), including— 
(A) the means by which CJTF–HOA fol-
lows up on such activities to evaluate the effec-
tiveness of such activities; 
(B) USAFRICOM’s specific assessments 
of CJTF–HOA’s activities; and 
(C) a description of plans by the Secretary 
of Defense to make permanent CJTF–HOA’s 
presence in Djibouti. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and
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(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
SEC. 1239. REPORT ON CERTAIN IRAQIS AFFILIATED WITH 
THE UNITED STATES. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretary of State, the At-
torney General, the Secretary of Homeland Security, the 
Administrator of the United States Agency for Inter-
national Development, and the heads of other appropriate 
Federal agencies (as determined by the Secretary of De-
fense), shall submit to the Congress a report containing 
the information described in subsection (b). In preparing 
such report, the Secretary of Defense shall use available 
information from organizations and entities closely associ-
ated with the United States mission in Iraq that have re-
ceived United States Government funding through an offi-
cial and documented contract, award, grant, or coopera-
tive agreement. 
(b) INFORMATION.—The information described in 
this subsection is the following: 
(1) The number of Iraqis who were or are em-
ployed by the United States Government in Iraq or 
who are or were employed in Iraq by an organization 
or entity closely associated with the United States
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•HR 5136 EH1S 
mission in Iraq that has received United States Gov-
ernment funding through an official and documented 
contract, award, grant, or cooperative agreement. 
(2) The number of Iraqis who have applied— 
(A) for resettlement in the United States 
as a refugee under section 1243 of the Refugee 
Crisis in Iraq Act of 2007 (subtitle C of title 
XII of division A of Public Law 110–181; 122 
Stat. 395 et seq.); or 
(B) to enter the United States as a special 
immigrant under section 1244 of such Act. 
(3) The status of each application described in 
paragraph (2). 
(4) The estimated number of individuals de-
scribed in paragraph (1) who have been injured or 
killed in Iraq. 
(c) EXPEDITED PROCESSING.—The Secretary of De-
fense, the Secretary of State, and the Secretary of Home-
land Security shall develop a plan using the report sub-
mitted under subsection (a) to expedite the processing of 
the applications described in subsection (b)(2) in the case 
of Iraqis at risk as the United States withdraws from Iraq.
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TITLE XIII—COOPERATIVE 
THREAT REDUCTION 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS.—For purposes of section 301 and 
other provisions of this Act, Cooperative Threat Reduction 
programs are the programs specified in section 1501 of 
the National Defense Authorization Act for Fiscal Year 
1997 (50 U.S.C. 2362 note). 
(b) FISCAL YEAR 2011 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the 
term ‘‘fiscal year 2011 Cooperative Threat Reduction 
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant to the authorization of appropriations in section 
301 for Cooperative Threat Reduction programs shall be 
available for obligation for fiscal years 2011, 2012, and 
2013. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the 
$522,512,000 authorized to be appropriated to the De-
partment of Defense for fiscal year 2011 in section
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301(20) for Cooperative Threat Reduction programs, the 
following amounts may be obligated for the purposes spec-
ified: 
(1) For strategic offensive arms elimination in 
Russia, $66,732,000. 
(2) For strategic nuclear arms elimination in 
Ukraine, $6,800,000. 
(3) For nuclear weapons storage security in 
Russia, $9,614,000. 
(4) For nuclear weapons transportation security 
in Russia, $45,000,000. 
(5) For weapons of mass destruction prolifera-
tion prevention in the states of the former Soviet 
Union, $79,821,000. 
(6) For biological threat reduction in the 
former Soviet Union, $209,034,000. 
(7) 
For 
chemical 
weapons 
destruction, 
$3,000,000. 
(8) 
For 
defense 
and 
military 
contacts, 
$5,000,000. 
(9) 
For 
Global 
Nuclear 
Lockdown, 
$74,471,000. 
(10) For activities designated as Other Assess-
ments/Administrative Costs, $23,040,000.
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•HR 5136 EH1S 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF 
FUNDS FOR OTHER PURPOSES.—No fiscal year 2011 Co-
operative Threat Reduction funds may be obligated or ex-
pended for a purpose other than a purpose listed in para-
graphs (1) through (10) of subsection (a) until 15 days 
after the date that the Secretary of Defense submits to 
Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be 
obligated or expended. Nothing in the preceding sentence 
shall be construed as authorizing the obligation or expend-
iture of fiscal year 2011 Cooperative Threat Reduction 
funds for a purpose for which the obligation or expendi-
ture of such funds is specifically prohibited under this title 
or any other provision of law. 
(c) LIMITED
AUTHORITY
TO
VARY
INDIVIDUAL 
AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in 
any case in which the Secretary of Defense deter-
mines that it is necessary to do so in the national 
interest, the Secretary may obligate amounts appro-
priated for fiscal year 2011 for a purpose listed in 
paragraphs (1) through (10) of subsection (a) in ex-
cess of the specific amount authorized for that pur-
pose.
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•HR 5136 EH1S 
(2) NOTICE-AND-WAIT REQUIRED.—An obliga-
tion of funds for a purpose stated in paragraphs (1) 
through (10) of subsection (a) in excess of the spe-
cific amount authorized for such purpose may be 
made using the authority provided in paragraph (1) 
only after— 
(A) the Secretary submits to Congress no-
tification of the intent to do so together with a 
complete discussion of the justification for 
doing so; and 
(B) 15 days have elapsed following the 
date of the notification. 
TITLE XIV—OTHER 
AUTHORIZATIONS 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
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 
providing capital for working capital and revolving funds 
in amounts as follows: 
(1) For the Defense Working Capital Funds, 
$160,965,000. 
(2) For the Defense Working Capital Fund, 
Defense Commissary, $1,273,571,000.
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•HR 5136 EH1S 
SEC. 1402. STUDY ON WORKING CAPITAL FUND CASH BAL-
ANCES. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall seek to enter into a contract with a federally 
funded research and development center with appropriate 
expertise in revolving fund financial management to carry 
out a study to determine a sufficient operational level of 
cash that each revolving fund of the Department of De-
fense should maintain in order to sustain a single rate or 
price throughout the fiscal year. 
(b) CONTENTS OF STUDY.—In carrying out a study 
pursuant to a contract entered into under subsection (a), 
the federally funded research and development center 
shall— 
(1) qualitatively analyze the operational require-
ments and inherent risks associated with maintain-
ing a specific level of cash within each revolving fund 
of the Department; 
(2) for each such revolving fund, take into con-
sideration any effects on appropriation accounts that 
have occurred due to changes made in the rates 
charged by the fund during a fiscal year; 
(3) take into consideration direct input from 
the Secretary of Defense and officials of each of the
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•HR 5136 EH1S 
military departments with leadership responsibility 
for financial management; 
(4) examine the guidance provided and regula-
tions prescribed by the Secretary of Defense and the 
Secretary of each of the military departments, as in 
effect on the date of the enactment of this Act, in-
cluding such guidance with respect to programming 
and budgeting and the annual budget displays pro-
vided to Congress; 
(5) examine the effects on appropriations ac-
counts that have occurred due to congressional ad-
justments relating to excess cash balances in revolv-
ing funds; 
(6) identify best business practices from the 
private sector relating to sufficient cash balance re-
serves; 
(7) examine any relevant applicable laws, in-
cluding the relevant body of work performed by the 
Government Accountability Office; and 
(8) address— 
(A) instances where the fiscal policy of the 
Department of Defense directly follows the law, 
as in effect on the date of the enactment of this 
Act, and instances where such policy is more re-
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•HR 5136 EH1S 
strictive with respect to the fiscal management 
of revolving funds than such law requires; 
(B) instances where current Department 
fiscal policy restricts the capability of a revolv-
ing fund to achieve the most economical and ef-
ficient organization and operation of activities; 
(C) fiscal policy adjustments required to 
comply with recommendations provided in the 
study, including proposed adjustments to— 
(i) the Department of Defense Finan-
cial Management Regulation; 
(ii) published service regulations and 
instructions; and 
(iii) major command fiscal guidance; 
and 
(D) such other matters as determined rel-
evant by the center carrying out the study. 
(c) AVAILABILITY OF INFORMATION.—The Secretary 
of Defense and the Secretary of each of the military de-
partments shall make available to a federally funded re-
search and development center carrying out a study pursu-
ant to a contract entered into under subsection (a) all nec-
essary and relevant information to allow the center to con-
duct the study in a quantitative and analytical manner.
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•HR 5136 EH1S 
(d) REPORT.—Any contract entered into under sub-
section (a) shall provide that not later than 9 months after 
the date on which the Secretary of Defense enters into 
the contract, the chief executive officer of the entity that 
carries out the study pursuant to the contract shall submit 
to the Committees on Armed Services of the Senate and 
House of Representatives and the Secretary of Defense 
a final report on the study. The report shall include each 
of the following: 
(1) A description of the revolving fund environ-
ment, as of the date of the conclusion of the study, 
and the anticipated future environment, together 
with the quantitative data used in conducting the as-
sessment of such environments under the study. 
(2) Recommended fiscal policy adjustments to 
support the initiatives identified in the study, includ-
ing adjustments to— 
(A) the Department of Defense Financial 
Management Regulation; 
(B) published service regulations and in-
structions; and 
(C) major command fiscal guidance. 
(3) Recommendations with respect to any 
changes to any applicable law that would be appro-
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•HR 5136 EH1S 
priate to support the initiatives identified in the 
study. 
(e) SUBMITTAL OF COMMENTS.—Not later than 90 
days after the date of the submittal of the report under 
subsection (d), the Secretary of Defense and the Secre-
taries of each of the military departments shall submit to 
the Committees on Armed Services of the Senate and 
House of Representatives comments on the findings and 
recommendations contained in the report. 
SEC. 1403. MODIFICATION OF CERTAIN WORKING CAPITAL 
FUND REQUIREMENTS. 
Section 2208 of title 10, United States Code, is 
amended— 
(1) in subsection (c)(1), by striking ‘‘or used’’ 
and inserting ‘‘used, or developed through contin-
uous technology refreshment’’; and 
(2) in subsection (k)(2), by striking ‘‘$100,000’’ 
and inserting ‘‘$250,000’’. 
SEC. 1404. REDUCTION OF UNOBLIGATED BALANCES WITH-
IN THE PENTAGON RESERVATION MAINTE-
NANCE REVOLVING FUND. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall transfer 
$77,000,000 from the unobligated balances of the Pen-
tagon Reservation Maintenance Revolving Fund estab-
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•HR 5136 EH1S 
lished under section 2674(e) of title 10, United States 
Code, to the Miscellaneous Receipts Fund of the United 
States Treasury. 
SEC. 1405. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for 
the fiscal year 2011 for the National Defense Sealift Fund 
in the amount of $934,866,000. 
SEC. 1406. CHEMICAL AGENTS AND MUNITIONS DESTRUC-
TION, DEFENSE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2011 for expenses, not oth-
erwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, in the amount of $1,467,307,000, 
of which— 
(1) $1,067,364,000 is for Operation and Main-
tenance; 
(2) $392,811,000 is for Research, Development, 
Test, and Evaluation; and 
(3) $7,132,000 is for Procurement. 
(b) USE.—Amounts authorized to be appropriated 
under subsection (a) are authorized for— 
(1) the destruction of lethal chemical agents 
and munitions in accordance with section 1412 of
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•HR 5136 EH1S 
the Department of Defense Authorization Act, 1986 
(50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel 
of the United States that is not covered by section 
1412 of such Act. 
SEC. 1407. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2011 for ex-
penses, not otherwise provided for, for Drug Interdiction 
and Counter-Drug Activities, Defense-wide, in the amount 
of $1,131,351,000. 
SEC. 1408. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2011 for ex-
penses, not otherwise provided for, for the Office of the 
Inspector General of the Department of Defense, in the 
amount of $283,354,000, of which— 
(1) $282,354,000 is for Operation and Mainte-
nance; and 
(2) $1,000,000 is for Procurement. 
SEC. 1409. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2011 for ex-
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•HR 5136 EH1S 
penses, not otherwise provided for, for the Defense Health 
Program, in the amount of $30,991,952,000, of which— 
(1) $29,947,792,000 is for Operation and 
Maintenance; 
(2) $524,239,000 is for Research, Development, 
Test, and Evaluation; and 
(3) $519,921,000 is for Procurement. 
Subtitle B—National Defense 
Stockpile 
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 
STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2011, the National Defense Stockpile Manager 
may obligate up to $41,181,000 of the funds in the Na-
tional Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h) for the 
authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials 
that are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess 
of the amount specified in subsection (a) if the National 
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional
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•HR 5136 EH1S 
obligations. The National Defense Stockpile Manager may 
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the 
date on which Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this 
section shall be subject to such limitations as may be pro-
vided in appropriations Acts. 
SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES 
FOR PREVIOUSLY AUTHORIZED DISPOSALS 
FROM THE NATIONAL DEFENSE STOCKPILE. 
Section 3402(b)(5) of the National Defense Author-
ization Act for Fiscal Year 2000 (50 U.S.C. 98d note), 
as most recently amended by section 1412(a) of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 418), is amended by 
striking ‘‘$710,000,000’’ and inserting ‘‘$730,000,000’’. 
Subtitle C—Other Matters 
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 
ARMED FORCES RETIREMENT HOME. 
There is authorized to be appropriated for fiscal year 
2011 from the Armed Forces Retirement Home Trust 
Fund the sum of $71,200,000 for the operation of the 
Armed Forces Retirement Home.
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•HR 5136 EH1S 
SEC. 1422. PLAN FOR FUNDING FUEL INFRASTRUCTURE 
SUSTAINMENT, 
RESTORATION, 
AND 
MOD-
ERNIZATION REQUIREMENTS. 
Not later than the date on which the President sub-
mits to Congress the budget for fiscal year 2012 pursuant 
to section 1105 of title 31, United States Code, the Direc-
tor of the Defense Logistics Agency shall submit to the 
congressional defense committees a report on the fuel in-
frastructure of the Department of Defense. Such report 
shall 
include 
projections 
for 
fuel 
infrastructure 
sustainment, restoration, and modernization require-
ments, and a plan for funding such requirements. 
TITLE XV—AUTHORIZATION OF 
ADDITIONAL 
APPROPRIA-
TIONS FOR OVERSEAS CON-
TINGENCY OPERATIONS 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropria-
tions for the Department of Defense for fiscal year 2011 
to provide additional funds for overseas contingency oper-
ations being carried out by the Armed Forces. 
SEC. 1502. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for procurement accounts of the Army 
in amounts as follows: 
(1) For aircraft procurement, $1,373,803,000.
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•HR 5136 EH1S 
(2) For missile procurement, $343,828,000. 
(3) For weapons and tracked combat vehicles 
procurement, $687,500,000. 
(4) 
For 
ammunition 
procurement, 
$652,491,000. 
(5) For other procurement, $5,865,446,000. 
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 
FUND. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal year 
2011 for the Joint Improvised Explosive Device Defeat 
Fund in the amount of $3,464,368,000. 
(b) USE AND TRANSFER OF FUNDS.—Subsections 
(b) and (c) of section 1514 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2439), as amended by section 
1503 of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (Public Law 110–417; 122 
Stat. 4649), shall apply to the funds appropriated pursu-
ant to the authorization of appropriations in subsection 
(a) and made available to the Department of Defense for 
the Joint Improvised Explosive Device Defeat Fund. 
(c) MONTHLY OBLIGATIONS AND EXPENDITURE RE-
PORTS.—Not later than 15 days after the end of each 
month of fiscal year 2011, the Secretary of Defense shall
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•HR 5136 EH1S 
provide to the congressional defense committees a report 
on the Joint Improvised Explosive Device Defeat Fund ex-
plaining monthly commitments, obligations, and expendi-
tures by line of action. 
SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for procurement accounts of the Navy and 
Marine Corps in amounts as follows: 
(1) 
For 
aircraft 
procurement, 
Navy, 
$843,358,000. 
(2) 
For 
weapons 
procurement, 
Navy, 
$93,425,000. 
(3) For ammunition procurement, Navy and 
Marine Corps, $565,084,000. 
(4) 
For 
other 
procurement, 
Navy, 
$480,735,000. 
(5) 
For 
procurement, 
Marine 
Corps, 
$1,854,243,000. 
SEC. 1505. AIR FORCE PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for procurement accounts of the Air 
Force in amounts as follows: 
(1) For aircraft procurement, $1,096,520,000. 
(2) 
For 
ammunition 
procurement, 
$292,959,000.
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•HR 5136 EH1S 
(3) For missile procurement, $56,621,000. 
(4) For other procurement, $3,087,481,000. 
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for the procurement account for Defense- 
wide activities in the amount of $1,376,046,000. 
SEC. 1507. IRON DOME SHORT-RANGE ROCKET DEFENSE 
PROGRAM. 
Of the funds authorized to be appropriated by section 
1506 for the procurement account for Defense-wide activi-
ties, the Secretary of Defense may provide up to 
$205,000,000 to the government of Israel for the procure-
ment of the Iron Dome defense system to counter short- 
range rocket threats. 
SEC. 1508. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for the procurement of aircraft, missiles, 
wheeled and tracked combat vehicles, tactical wheeled ve-
hicles, ammunition, other weapons, and other procurement 
for the reserve components of the Armed Forces in the 
amount of $700,000,000.
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•HR 5136 EH1S 
SEC. 1509. MINE RESISTANT AMBUSH PROTECTED VEHICLE 
FUND. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for the Mine Resistant Ambush Protected 
Vehicle Fund in the amount of $3,415,000,000. 
SEC. 1510. RESEARCH, DEVELOPMENT, TEST, AND EVALUA-
TION. 
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, $112,734,000. 
(2) For the Navy, $60,401,000. 
(3) For the Air Force, $266,241,000. 
(4) For Defense-wide activities, $657,240,000. 
SEC. 1511. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 for the use of the Armed Forces for ex-
penses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $62,202,618,000. 
(2) For the Navy, $8,946,634,000. 
(3) For the Marine Corps, $4,136,522,000. 
(4) For the Air Force, $13,487,283,000 
(5) 
For 
Defense-wide 
activities, 
$9,426,358,000. 
(6) For the Army Reserve, $286,950,000.
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•HR 5136 EH1S 
(7) For the Navy Reserve, $93,559,000. 
(8) 
For 
the 
Marine 
Corps 
Reserve, 
$29,685,000. 
(9) For the Air Force Reserve, $129,607,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$544,349,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$350,823,000. 
(12) For the Afghanistan Security Forces 
Fund, $10,964,983,000. 
(13) For the Iraq Security Forces Fund, 
$2,000,000,000. 
(14) For the Overseas Contingency Operations 
Transfer Fund, $506,781,000. 
SEC. 1512. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF-
GHANISTAN SECURITY FORCES FUND. 
Funds appropriated pursuant to the authorization of 
appropriations for the Afghanistan Security Forces Fund 
in section 1511(12) shall be subject to the conditions con-
tained in subsections (b) through (g) of section 1513 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 428). 
SEC. 1513. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 
(a) APPLICATION OF EXISTING LIMITATIONS.—Sub-
ject to subsection (b), funds made available to the Depart-
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•HR 5136 EH1S 
ment of Defense for the Iraq Security Forces Fund for 
fiscal year 2011 shall be subject to the conditions con-
tained in subsections (b) through (g) of section 1512 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 426). 
(b) COST-SHARE REQUIREMENT.— 
(1) REQUIREMENT.—If funds made available to 
the Department of Defense for the Iraq Security 
Forces Fund for fiscal year 2011 are used for the 
purchase of any item or service for Iraq Security 
Forces, the funds may not cover more than 80 per-
cent of the cost of the item or service. 
(2) EXCEPTION.—Paragraph (1) does not apply 
to any item that the Secretary of Defense deter-
mines— 
(A) is an item of significant military equip-
ment (as such term is defined in section 47(9) 
of the Arms Export Control Act (22 U.S.C. 
2794(9))); or 
(B) is included on the United States Muni-
tions List, as designated pursuant to section 
38(a)(1) of the Arms Export Control Act (22 
U.S.C. 2778(a)(1)).
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•HR 5136 EH1S 
SEC. 1514. MILITARY PERSONNEL. 
Funds are hereby authorized to be appropriated for 
fiscal year 2011 to the Department of Defense for military 
personnel 
accounts 
in 
the 
total 
amount 
of 
$15,275,502,000. 
SEC. 1515. WORKING CAPITAL FUNDS. 
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 
providing capital for working capital and revolving funds 
in the amount of $485,384,000. 
SEC. 1516. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2011 for ex-
penses, not otherwise provided for, for the Defense Health 
Program in the amount of $1,398,092,000 for operation 
and maintenance. 
SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2011 for ex-
penses, not otherwise provided for, for Drug Interdiction 
and Counter-Drug Activities, Defense-wide in the amount 
of $457,110,000.
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•HR 5136 EH1S 
SEC. 1518. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for 
the Department of Defense for fiscal year 2011 for ex-
penses, not otherwise provided for, for the Office of the 
Inspector General of the Department of Defense in the 
amount of $10,529,000. 
SEC. 1519. CONTINUATION OF PROHIBITION ON USE OF 
UNITED STATES FUNDS FOR CERTAIN FACILI-
TIES PROJECTS IN IRAQ. 
Section 1508(a) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Public Law 
110–417; 122 Stat. 4651) shall apply to funds authorized 
to be appropriated by this title. 
SEC. 1520. AVAILABILITY OF FUNDS FOR RAPID FORCE 
PROTECTION IN AFGHANISTAN. 
(a) AVAILABILITY OF FUNDS.—Of the funds author-
ized to be appropriated by section 1511(5) for operation 
and maintenance for Defense-wide activities, the Secretary 
of Defense may obligate up to $200,000,000 during fiscal 
year 2011 to address urgent force protection requirements 
facing United States military forces in Afghanistan, as 
identified by the Commander of United States Forces–Af-
ghanistan. 
(b) USE OF RAPID ACQUISITION AUTHORITY.—To 
carry out this section, the Secretary of Defense shall uti-
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lize the rapid acquisition authority available to the Sec-
retary. 
(c) USE OF TRANSFER AUTHORITY.—To carry out 
this section, the Secretary of Defense may utilize the 
transfer authority provided by section 1522, subject to the 
limitation in subsection (a)(2) of such section on the total 
amount of authorizations that may be transferred. 
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this 
title are in addition to amounts otherwise authorized to 
be appropriated by this Act. 
SEC. 1522. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this title for fiscal year 2011 
between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authoriza-
tions so transferred shall be merged with and be 
available for the same purposes as the authorization 
to which transferred. 
(2) LIMITATION.—The total amount of author-
izations that the Secretary may transfer under the