[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 1867 Engrossed in Senate (ES)]
112th CONGRESS
1st Session
S. 1867
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2012''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A-Department of Defense Authorizations.
(2) Division B-Military Construction Authorizations.
(3) Division C-Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D-Funding Tables.
(5) Division E-SBIR and STTR Reauthorization.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Scoring of budgetary effects.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 121. Multiyear procurement authority for mission avionics and
common cockpits for Navy MH-60R/S
helicopters.
Subtitle C--Air Force Programs
Sec. 131. Procurement of advanced extremely high frequency satellites.
Sec. 132. Availability of fiscal year 2011 funds for research and
development relating to the B-2 bomber
aircraft.
Sec. 133. Availability of fiscal year 2011 funds to support alternative
options for extremely high frequency
terminal Increment 1 program of record.
Sec. 134. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 135. Limitation on retirement of U-2 aircraft.
Sec. 136. Strategic airlift aircraft force structure.
Sec. 137. Limitation on retirement of C-23 aircraft.
Subtitle D--Joint and Multiservice Matters
Sec. 151. Inclusion of information on approved Combat Mission
Requirements in quarterly reports on use of
Combat Mission Requirement funds.
Sec. 152. F-35 Joint Strike Fighter aircraft.
Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform
Act of 2009 measures within the Joint
Strike Fighter aircraft program.
Sec. 154. Multiyear procurement authority for airframes for Army UH-
60M/HH-60M helicopters and Navy MH-60R/MH-
60S helicopters.
Sec. 155. Designation of undersea mobility acquisition program of the
United States Special Operations Command as
a major defense acquisition program.
Sec. 156. Transfer of Air Force C-12 Liberty Intelligence,
Surveillance, and Reconnaissance aircraft
to the Army.
Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-
engining program.
Sec. 158. Report on probationary period in development of short take-
off, vertical landing variant of the Joint
Strike Fighter.
Sec. 159. Authority for exchange with United Kingdom of specified F-35
Lightning II Joint Strike Fighter aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Prohibitions relating to use of funds for research,
development, test, and evaluation on the
F136 engine.
Sec. 212. Limitation on use of funds for Increment 2 of B-2 bomber
aircraft extremely high frequency satellite
communications program.
Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike.
Sec. 214. Marine Corps ground combat vehicles.
Subtitle C--Missile Defense Matters
Sec. 231. Enhanced oversight of missile defense acquisition programs.
Sec. 232. Ground-based Midcourse Defense Program.
Sec. 233. Missile defense cooperation with Russia.
Sec. 234. Report on the United States missile defense hedging strategy.
Subtitle D--Reports
Sec. 251. Extension of requirements for biennial roadmap and annual
review and certification on funding for
development of hypersonics.
Subtitle E--Other Matters
Sec. 261. Contractor cost-sharing in pilot program to include
technology protection features during
research and development of certain defense
systems.
Sec. 262. Laboratory facilities, Hanover, New Hampshire.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Modification of energy performance goals.
Sec. 312. Streamlined annual report on defense environmental programs.
Sec. 313. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park
Housing Complex, Washington.
Sec. 314. Requirements relating to Agency for Toxic Substances and
Disease Registry investigation of exposure
to drinking water contamination at Camp
Lejeune, North Carolina.
Sec. 315. Discharge of wastes at sea generated by ships of the Armed
Forces.
Sec. 316. Consideration of energy security and reliability in
development and implementation of energy
performance goals.
Sec. 317. Installation energy metering requirements.
Sec. 318. Training policy for Department of Defense energy managers.
Subtitle C--Workplace and Depot Issues
Sec. 321. Minimum capital investment for certain depots.
Sec. 322. Limitation on revising the definition of depot-level
maintenance.
Sec. 323. Designation of military industrial facilities as Centers of
Industrial and Technical Excellence.
Sec. 324. Reports on depot-related activities.
Subtitle D--Reports
Sec. 331. Study on Air Force test and training range infrastructure.
Sec. 332. Study on training range infrastructure for special operations
forces.
Sec. 333. Guidance to establish non-tactical wheeled vehicle and
equipment service life extension programs
to achieve cost savings.
Sec. 334. Modified deadline for annual report on budget shortfalls for
implementation of operational energy
strategy.
Subtitle E--Other Matters
Sec. 341. Extension of authority for Army industrial facilities to
enter into cooperative agreements with non-
Army entities.
Sec. 342. Working-capital fund accounting.
Sec. 343. Commercial sale of small arms ammunition and small arms
ammunition components in excess of military
requirements, and fired cartridge cases.
Sec. 344. Authority to accept contributions of funds to study options
for mitigating adverse effects of proposed
obstructions on military installations.
Sec. 345. Utility disruptions to military installations.
Sec. 346. Eligibility of active and reserve members, retirees, gray
area retirees, and dependents for space-
available travel on military aircraft.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2012 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Increase in authorized strengths for Marine Corps officers on
active duty.
Sec. 502. Voluntary retirement incentive.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Modification of definition of ``joint duty assignment'' to
include all instructor assignments for
joint training and education.
Subtitle B--Reserve Component Management
Sec. 511. Authority for order to active duty of members of the Selected
Reserve and certain members of the
Individual Ready Reserve for preplanned
missions.
Sec. 512. Modification of eligibility for consideration for promotion
for certain reserve officers employed as
military technicians (dual status).
Sec. 513. Modification of time in which preseparation counseling must
be provided to reserve component members
being demobilized.
Sec. 514. Report on termination of military technician as a distinct
personnel management category.
Sec. 515. Authority to order army reserve, navy reserve, marine corps
reserve, and air force reserve to active
duty to provide assistance in response to a
major disaster or emergency.
Subtitle C--General Service Authorities
Sec. 521. Repeal of mandatory high-deployment allowance.
Sec. 522. Prohibition on denial of reenlistment of members for
unsuitability based on the same medical
condition for which they were determined to
be fit for duty.
Sec. 523. Expansion of regular enlisted members covered by early
discharge authority.
Sec. 524. Extension of voluntary separation pay and benefits.
Sec. 525. Employment skills training for members of the Armed Forces on
active duty who are transitioning to
civilian life.
Sec. 526. Policy on military recruitment and enlistment of graduates of
secondary schools.
Sec. 527. Freedom of conscience of military chaplains with respect to
the performance of marriages.
Subtitle D--Education and Training
Sec. 541. Enhancement of authorities on joint professional military
education.
Sec. 542. Grade of commissioned officers in uniformed medical accession
programs.
Sec. 543. Reserve component mental health student stipend.
Sec. 544. Enrollment of certain seriously wounded, ill, or injured
former or retired enlisted members of the
Armed Forces in associate degree programs
of the Community College of the Air Force
in order to complete degree program.
Sec. 545. Consolidation of military department authority to issue arms,
tentage, and equipment to educational
institutions not maintaining units of
Junior ROTC.
Sec. 546. Temporary authority to waive maximum age limitation on
admission to the military service
academies.
Sec. 547. Pilot program on receipt of civilian credentialing for skills
required for military occupational
specialties.
Subtitle E--Military Justice and Legal Matters Generally
Sec. 551. Reform of offenses relating to rape, sexual assault, and
other sexual misconduct under the Uniform
Code of Military Justice.
Sec. 552. Authority to compel production of documentary evidence.
Sec. 553. Procedures for judicial review of certain military personnel
decisions.
Sec. 554. Department of Defense support for programs on pro bono legal
representation for members of the Armed
Forces.
Subtitle F--Sexual Assault Prevention and Response
Sec. 561. Director of the Sexual Assault Prevention and Response
Office.
Sec. 562. Sexual Assault Response Coordinators and Sexual Assault
Victim Advocates.
Sec. 563. Access of sexual assault victims to legal assistance and
services of Sexual Assault Response
Coordinators and Sexual Assault Victim
Advocates.
Sec. 564. Requirement for privilege in cases arising under Uniform Code
of Military Justice against disclosure of
communications between sexual assault
victims and Sexual Assault Response
Coordinators, Sexual Assault Victim
Advocates, and certain other persons.
Sec. 565. Expedited consideration and decision-making on requests for
permanent change of station or unit
transfer of victims of sexual assault.
Sec. 566. Department of Defense policy and procedures on retention and
access to evidence and records relating to
sexual assaults involving members of the
Armed Forces.
Subtitle G--Defense Dependents' Education
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members
of the Armed Forces and Department of
Defense civilian employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Three-year extension and enhancement of authorities on
transition of military dependent students
among local educational agencies.
Subtitle H--Military Family Readiness
Sec. 576. Modification of membership of Department of Defense Military
Family Readiness Council.
Sec. 577. Comptroller General of the United States report on Department
of Defense military spouse employment
programs.
Subtitle I--Other Matters
Sec. 581. Cold War Service Medal.
Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration
Program.
Sec. 583. Report on process for expedited determination of disability
of members of the Armed Forces with certain
disabling conditions.
Sec. 584. Report on the achievement of diversity goals for the
leadership of the Armed Forces.
Sec. 585. Specification of period in which application for voter
registration or absentee ballot from an
overseas voter is valid.
Sec. 586. Authorization and request for award of Medal of Honor to Emil
Kapaun for acts of valor during the Korean
War.
Sec. 587. Authorization for award of the distinguished service cross
for captain Fredrick L. Spaulding for acts
of valor during the Vietnam War.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Modification of qualifying period for payment of hostile fire
and imminent danger special pay and
hazardous duty special pay.
Subtitle B--Consolidation and Reform of Travel and Transportation
Authorities
Sec. 621. Consolidation and reform of travel and transportation
authorities of the uniformed services.
Sec. 622. Transition provisions.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
Sec. 631. Repeal of automatic enrollment in Family Servicemembers'
Group Life Insurance for members of the
Armed Forces married to other members.
Sec. 632. Limitation on availability of certain funds pending report on
provision of special compensation for
members of the uniformed services with
injury or illness requiring assistance in
everyday living.
Sec. 633. Repeal of sense of Congress on age and service requirements
for retired pay for non-regular service.
Sec. 634. Death gratuity and related benefits for Reserves who die
during an authorized stay at their
residence during or between successive days
of inactive duty training.
Sec. 635. Repeal of requirement of reduction of Survivor Benefits Plan
survivor annuities by dependency and
indemnity compensation.
Subtitle D--Pay and Allowances
Sec. 641. No reduction in basic allowance for housing for National
Guard members who transition between active
duty and full-time National Guard duty
without a break in active service.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
Sec. 701. Annual cost-of-living adjustment in enrollment fees in
TRICARE Prime.
Sec. 702. Maintenance of the adequacy of provider networks under the
TRICARE program.
Sec. 703. Transition enrollment of uniformed services family health
plan Medicare-eligible retirees to TRICARE
for Life.
Sec. 704. Modification of authorities on surveys on continued viability
of TRICARE Standard and TRICARE Extra.
Sec. 705. Extension of time limit for submittal of claims under the
TRICARE program for care provided outside
the United States.
Subtitle B--Other Health Care Benefits
Sec. 711. Travel for anesthesia services for childbirth for command-
sponsored dependents of members assigned to
remote locations outside the continental
United States.
Sec. 712. Transitional health benefits for certain members with
extension of active duty following active
duty in support of a contingency operation.
Sec. 713. Codification and improvement of procedures for mental health
evaluations for members of the Armed
Forces.
Subtitle C--Health Care Administration
Sec. 721. Expansion of State licensure exceptions for certain mental
health-care professionals.
Sec. 722. Clarification on confidentiality of medical quality assurance
records.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Waiver of requirements relating to new Milestone approval for
certain major defense acquisition programs
experiencing critical cost growth due to
change in quantity purchased.
Sec. 802. Modification of certain requirements of the Weapon Systems
Acquisition Reform Act of 2009.
Sec. 803. Assessment, management, and control of operating and support
costs for major weapon systems.
Sec. 804. Clarification of responsibility for cost analyses and targets
for contract negotiation purposes.
Sec. 805. Modification of requirements for guidance on management of
manufacturing risk in major defense
acquisition programs.
Sec. 806. Management of developmental test and evaluation for major
defense acquisition programs.
Sec. 807. Assessment of risk associated with development of major
weapon systems to be procured under
cooperative projects with friendly foreign
countries.
Subtitle B--Acquisition Policy and Management
Sec. 821. Inclusion of data on contractor performance in past
performance databases for source selection
decisions.
Sec. 822. Implementation of recommendations of Defense Science Board
Task Force on Service Contracting.
Sec. 823. Temporary limitation on aggregate annual amount available for
contract services.
Sec. 824. Annual report on single-award task and delivery order
contracts.
Sec. 825. Incorporation of corrosion prevention and control into
requirements applicable to development and
acquisition of weapon systems.
Sec. 826. Prohibition on use of funds for certain programs.
Sec. 827. Applicability of Buy American Act to procurement of
photovoltaic devices by Department of
Defense.
Subtitle C--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
Sec. 841. Treatment for technical data purposes of independent research
and development and bid and proposal costs.
Sec. 842. Limitation on defense contractor compensation.
Sec. 843. Covered contracts for purposes of requirements on contractor
business systems.
Sec. 844. Compliance with defense procurement requirements for purposes
of internal controls of non-defense
agencies for procurements on behalf of the
Department of Defense.
Sec. 845. Prohibition on collection of political information.
Sec. 846. Waiver of ``Buy American'' requirement for procurement of
components otherwise producible overseas
with specialty metal not produced in the
United States.
Sec. 847. Comptroller General of the United States reports on
noncompetitive and one-offer contracts
awarded by the Department of Defense.
Sec. 848. Detection and avoidance of counterfeit electronic parts.
Sec. 849. Report on authorities available to the Department of Defense
for multiyear contracts for the purchase of
advanced biofuels.
Sec. 850. Comptroller General of the United States reports on
Department of Defense implementation of
justification and approval requirements for
certain sole-source contracts.
Subtitle D--Provisions Relating to Wartime Contracting
Sec. 861. Prohibition on contracting with the enemy in the United
States Central Command theater of
operations.
Sec. 862. Additional access to contractor and subcontractor records in
the United States Central Command theater
of operations.
Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent
operational needs.
Sec. 864. Inclusion of associated support services in rapid acquisition
and deployment procedures for supplies.
Sec. 865. Reach-back contracting authority for Operation Enduring
Freedom and Operation New Dawn.
Sec. 866. Inclusion of contractor support requirements in Department of
Defense planning documents.
Subtitle E--Other Matters
Sec. 881. Extension of availability of funds in the Defense Acquisition
Workforce Development Fund.
Sec. 882. Modification of delegation of authority to make
determinations on entry into cooperative
research and development agreements with
NATO and other friendly organizations and
countries.
Sec. 883. Rate of payment for airlift services under the Civil Reserve
Air Fleet program.
Sec. 884. Clarification of Department of Defense authority to purchase
right-hand drive passenger sedan vehicles
and adjustment of threshold for inflation.
Sec. 885. Extension and expansion of small business programs of the
Department of Defense.
Sec. 886. Three-year extension of test program for negotiation of
comprehensive small business subcontracting
plans.
Sec. 887. Five-year extension of Department of Defense Mentor-Protege
Program.
Sec. 888. Report on alternatives for the procurement of fire-resistant
and fire-retardant fiber and materials for
the production of military products.
Sec. 889. Oversight of and reporting requirements with respect to
Evolved Expendable Launch Vehicle program.
Sec. 890. Department of Defense assessment of industrial base for night
vision image intensification sensors.
Sec. 891. Implementation of acquisition strategy for Evolved Expendable
Launch Vehicle.
Sec. 892. Report on impact of foreign boycotts on the defense
industrial base.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Qualifications for appointments to the position of Deputy
Secretary of Defense.
Sec. 902. Designation of Department of Defense senior official with
principal responsibility for airship
programs.
Sec. 903. Memoranda of agreement on synchronization of enabling
capabilities of general purpose forces with
the requirements of special operations
forces.
Sec. 904. Enhancement of administration of the United States Air Force
Institute of Technology.
Sec. 905. Defense laboratory matters.
Sec. 906. Assessment of Department of Defense access to non-United
States citizens with scientific and
technical expertise vital to the national
security interests.
Sec. 907. Sense of Congress on use of modeling and simulation in
Department of Defense activities.
Sec. 908. Sense of Congress on ties between Joint Warfighting and
Coalition Center and Allied Command
Transformation of NATO.
Sec. 909. Report on effects of planned reductions of personnel at the
Joint Warfare Analysis Center on personnel
skills.
Subtitle B--Space Activities
Sec. 911. Commercial space launch cooperation.
Sec. 912. Authority to designate increments or blocks of space vehicles
as major subprograms subject to acquisition
reporting requirements.
Sec. 913. Review to identify interference with national security Global
Positioning System receivers by commercial
communications services.
Subtitle C--Intelligence Matters
Sec. 921. Expansion of authority for exchanges of mapping, charting,
and geodetic data to include
nongovernmental organizations and academic
institutions.
Sec. 922. Facilities for intelligence collection or special operations
activities abroad.
Sec. 923. Ozone Widget Framework.
Sec. 924. Plan for incorporation of enterprise query and correlation
capability into the Defense Intelligence
Information Enterprise.
Subtitle D--Cybersecurity Matters
Sec. 931. Strategy to acquire capabilities to detect previously unknown
cyber attacks.
Sec. 932. Program in support of Department of Defense policy on
sustaining and expanding information
sharing.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Defense business systems.
Sec. 1003. Modification of authorities on certification and credential
standards for financial management
positions in the Department of Defense.
Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection
agreements.
Sec. 1005. Audit readiness of financial statements of Department of
Defense.
Sec. 1006. Plan to ensure audit readiness of statements of budgetary
resources.
Subtitle B--Counter-Drug Activities
Sec. 1011. Five-year extension and modification of authority of
Department of Defense to provide additional
support for counterdrug activities of other
governmental agencies.
Sec. 1012. Five-year extension and expansion of authority to provide
additional support for counter-drug
activities of certain foreign governments.
Sec. 1013. Reporting requirement on expenditures to support foreign
counter-drug activities.
Sec. 1014. Extension of authority for joint task forces to provide
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1015. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Limitation on availability of funds for placing Maritime
Prepositioning Ship squadrons on reduced
operating status.
Sec. 1022. Modification of conditions on status of retired aircraft
carrier ex-John F. Kennedy.
Sec. 1023. Authority to provide information for maritime safety of
forces and hydrographic support.
Sec. 1024. Report on policies and practices of the Navy for naming the
vessels of the Navy.
Sec. 1025. Assessment of stationing of additional DDG-51 class
destroyers at Naval Station Mayport,
Florida.
Sec. 1026. Transfer of certain high-speed ferries to the Navy.
Subtitle D--Detainee Matters
Sec. 1031. Affirmation of authority of the Armed Forces of the United
States to detain covered persons pursuant
to the Authorization for Use of Military
Force.
Sec. 1032. Requirement for military custody.
Sec. 1033. Requirements for certifications relating to the transfer of
detainees at United States Naval Station,
Guantanamo Bay, Cuba, to foreign countries
and other foreign entities.
Sec. 1034. Prohibition on use of funds to construct or modify
facilities in the United States to house
detainees transferred from United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 1035. Procedures for periodic detention review of individuals
detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1036. Procedures for status determinations.
Sec. 1037. Clarification of right to plead guilty in trial of capital
offense by military commission.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Management of Department of Defense installations.
Sec. 1042. Amendments relating to the Military Commissions Act of 2009.
Sec. 1043. Department of Defense authority to carry out personnel
recovery reintegration and post-isolation
support activities.
Sec. 1044. Treatment under Freedom of Information Act of certain
sensitive national security information.
Sec. 1045. Clarification of airlift service definitions relating to the
Civil Reserve Air Fleet.
Sec. 1046. Authority for assignment of civilian employees of the
Department of Defense as advisors to
foreign ministries of defense and
international peace and security
organizations.
Sec. 1047. Net assessment of nuclear force levels required with respect
to certain proposals to reduce the nuclear
weapons stockpile of the United States.
Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-
Teachers Program.
Sec. 1049. Expansion of Operation Hero Miles.
Subtitle F--Repeal and Modification of Reporting Requirements
PART I--Repeal of Reporting Requirements
Sec. 1061. Repeal of reporting requirements under title 10, United
States Code.
Sec. 1062. Repeal of reporting requirements under annual defense
authorization acts.
Sec. 1063. Repeal of reporting requirements under other laws.
PART II--Modification of Existing Reporting Requirements
Sec. 1066. Modification of reporting requirements under title 10,
United States Code.
Sec. 1067. Modification of reporting requirements under other titles of
the United States Code.
Sec. 1068. Modification of reporting requirements under annual defense
authorization acts.
Sec. 1069. Modification of reporting requirements under other laws.
Subtitle G--Other Study and Report Matters
Sec. 1071. Modification of dates of Comptroller General of the United
States review of executive agreement on
joint medical facility demonstration
project, North Chicago and Great Lakes,
Illinois.
Sec. 1072. Report on plan to implement organizational goals recommended
in the National Security Strategy-2010.
Sec. 1073. Biennial assessment of and report on delivery platforms for
nuclear weapons and the nuclear command and
control system.
Sec. 1074. Annual report on the nuclear weapons stockpile of the United
States.
Sec. 1075. Nuclear employment strategy of the United States.
Sec. 1076. Study on the recruitment, retention, and development of
cyberspace experts.
Sec. 1077. Reports on resolution restrictions on the commercial sale or
dissemination of eletro-optical imagery
collected by satellites.
Sec. 1078. Report on integration of unmanned aerial systems into the
national airspace system.
Sec. 1079. Study on United States force posture in East Asia and the
Pacific region.
Sec. 1080. Report on status of implementation of accepted
recommendations in the Final Report of the
2010 Army Acquisition Review panel.
Sec. 1080A. Report on feasibility of using unmanned aerial systems to
perform airborne inspection of navigational
aids in foreign airspace.
Sec. 1080B. Comptroller General review of medical research and
development relating to improved combat
casualty care.
Sec. 1080C. Reports to Congress on the modification of the force
structure for the strategic nuclear weapons
delivery systems of the United States.
Sec. 1080D. Comptroller General of the United States reports on the
major automated information system programs
of the Department of Defense.
Sec. 1080E. Comptroller General report on Department of Defense science
and technology programs.
Sec. 1080F. Comptroller General report on Science, Technology,
Engineering, and Math (STEM) initiatives.
Sec. 1080G. Report on Defense Department analytic capabilities
regarding foreign ballistic missile
threats.
Sec. 1080H. Report on approval and implementation of Air Sea Battle
Concept.
Sec. 1080I. Report on effects of changing flag officer positions within
the Air Force Material Command.
Subtitle H--Other Matters
Sec. 1081. Redesignation of psychological operations as military
information support operations in title 10,
United States Code, to conform to
Department of Defense usage.
Sec. 1082. Termination of requirement for appointment of civilian
members of National Security Education
Board by and with the advice and consent of
the Senate.
Sec. 1083. Redesignation of Industrial College of the Armed Forces as
the Dwight D. Eisenhower School for
National Security and Resource Strategy.
Sec. 1084. Designation of Fisher House for the Families of the Fallen
and Meditation Pavilion, Dover Air Force
Base, Delaware, as a Fisher House.
Sec. 1085. Sense of Senate on application of moratorium on earmarks to
this Act.
Sec. 1086. Technical amendment relating to responsibilities of Deputy
Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy.
Sec. 1087. Technical amendment.
Sec. 1088. Improving the transition of members of the Armed Forces with
experience in the operation of certain
motor vehicles into careers operating
commercial motor vehicles in the private
sector.
Sec. 1089. Fire suppression agents.
Sec. 1090. Acquisition and procurement exchanges between the United
States and India.
Sec. 1091. Long-term plan for maintenance of intercontinental ballistic
missile solid rocket motor production
capacity.
Sec. 1092. Cybersecurity collaboration between the Department of
Defense and the Department of Homeland
Security.
Sec. 1093. Reemployment rights following certain National Guard duty.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Authority of the Secretaries of the military departments to
employ up to 10 persons without pay.
Sec. 1102. Extension of eligibility to continue Federal employee health
benefits for certain employees of the
Department of Defense.
Sec. 1103. Authority for waiver of recovery of certain payments
previously made under civilian employees
voluntary separation incentive program.
Sec. 1104. Permanent extension and expansion of experimental personnel
program for scientific and technical
personnel.
Sec. 1105. Modification of beneficiary designation authorities for
death gratuity payable upon death of a
United States Government employee in
service with the Armed Forces.
Sec. 1106. Two-year extension of discretionary authority to grant
allowances, benefits, and gratuities to
personnel on official duty in a combat
zone.
Sec. 1107. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of scope of humanitarian demining assistance
authority to include stockpiled
conventional munitions.
Sec. 1202. One-year extension and modification of authorities
applicable to Commanders' Emergency
Response Program.
Sec. 1203. Three-year extension of temporary authority to use
acquisition and cross-servicing agreements
to lend military equipment for personnel
protection and survivability.
Sec. 1204. Conditional extension and modification of authority to build
the capacity of counter terrorism forces of
Yemen.
Sec. 1205. Extension of authority for support of special operations to
combat terrorism.
Sec. 1206. Limitation on availability of funds for authorities relating
to program to build the capacity of foreign
military forces.
Sec. 1207. Global Security Contingency Fund.
Sec. 1208. Authority to build the capacity of certain counterterrorism
forces of East African countries.
Sec. 1209. Support of forces participating in operations to disarm the
Lord's Resistance Army.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1221. Extension and modification of logistical support for
coalition forces supporting operations in
Iraq and Afghanistan.
Sec. 1222. One-year extension of authority to transfer defense articles
and provide defense services to the
military and security forces of Iraq and
Afghanistan.
Sec. 1223. One-year extension of authorities applicable to the Pakistan
Counterinsurgency Fund.
Sec. 1224. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1225. Modification of authority on program to develop and carry
out infrastructure projects in Afghanistan.
Sec. 1226. One-year extension of authority for reimbursement of certain
coalition nations for support provided to
United States military operations.
Sec. 1227. Two-year extension of certain reports on Afghanistan.
Sec. 1228. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1229. Benchmarks to evaluate the progress being made toward the
transition of security responsibilities for
Afghanistan to the Government of
Afghanistan.
Sec. 1230. Certification requirement regarding efforts by Government of
Pakistan to implement a strategy to counter
improvised explosive devices.
Sec. 1231. Report on Coalition Support Fund reimbursements to the
Government of Pakistan for operations
conducted in support of Operation Enduring
Freedom.
Subtitle C--Reports and Other Matters
Sec. 1241. Report on progress of the African Union in operationalizing
the African Standby Force.
Sec. 1242. Comptroller General of the United States report on the
National Guard State Partnership Program.
Sec. 1243. Man-portable air-defense systems originating from Libya.
Sec. 1244. Defense cooperation with Republic of Georgia.
Sec. 1245. Imposition of sanctions with respect to the financial sector
of Iran.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on use of funds for establishment of centers of
excellence in countries outside of the
former Soviet Union.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Defense Health Program.
Sec. 1404. Chemical Agents and Munitions Destruction, Defense.
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1406. Defense Inspector General.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile Funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National
Defense Stockpile.
Subtitle C--Armed Forces Retirement Home
PART I--Authorization of Appropriations
Sec. 1421. Authorization of appropriations.
PART II--Armed Forces Retirement Home Authorities
Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991.
Sec. 1423. Annual validation of multiyear accreditation.
Sec. 1424. Clarification of duties of Senior Medical Advisor.
Sec. 1425. Replacement of Local Boards of Trustees for each facility
with single Advisory Council.
Sec. 1426. Administrators and ombudsmen of facilities.
Sec. 1427. Inspection requirements.
Sec. 1428. Repeal of obsolete provisions.
Sec. 1429. Technical, conforming, and clerical amendments.
Subtitle D--Other Matters
Sec. 1431. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Other Matters
Sec. 1531. One-year extension and modification of authority for Task
Force for Business and Stability Operations
in Afghanistan.
Sec. 1532. Modification of availability of funds in Afghanistan
Security Forces Fund.
Sec. 1533. Limitation on availability of funds for Trans Regional Web
Initiative.
Sec. 1534. Report on lessons learned from Department of Defense
participation on interagency teams for
counterterrorism operations in Afghanistan
and Iraq.
TITLE XVI--NATIONAL GUARD EMPOWERMENT
Sec. 1601. Short title.
Sec. 1602. Reestablishment of position of Vice Chief of the National
Guard Bureau and termination of position of
Director of the Joint Staff of the National
Guard Bureau.
Sec. 1603. Membership of the Chief of the National Guard Bureau on the
Joint Chiefs of Staff.
Sec. 1604. Continuation as a permanent program and enhancement of
activities of Task Force for Emergency
Readiness pilot program of the Federal
Emergency Management Agency.
Sec. 1605. Report on comparative analysis of costs of comparable units
of the reserve components and the regular
components of the Armed Forces.
Sec. 1606. Display of procurement of equipment for the reserve
components of the Armed Forces under
estimated expenditures for procurement in
future-years defense programs.
Sec. 1607. Enhancement of authorities relating to the United States
Northern Command and other combatant
commands.
Sec. 1608. Requirements relating to National Guard officers in certain
command positions.
Sec. 1609. Availability of funds under State Partnership Program for
additional National Guard contacts on
matters within the core competencies of the
National Guard.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Funding tables.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2011 projects.
Sec. 2108. Additional authority to carry out certain fiscal year 2012
project.
Sec. 2109. Extension of authorizations of certain fiscal year 2008
projects.
Sec. 2110. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2111. Technical amendments to correct certain project
specifications.
Sec. 2112. Reduction of Army military construction authorization.
Sec. 2113. Tour normalization.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorization of certain fiscal year 2008
project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2207. Reduction of Navy military construction authorization.
Sec. 2208. Guam realignment.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorization to carry out certain fiscal
year 2010 project.
Sec. 2306. Extension of authorization of certain fiscal year 2009
project.
Sec. 2307. Reduction of Air Force military construction authorization.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, Defense-wide.
Sec. 2412. Reduction of Defense Agencies military construction
authorization.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Extension of authorizations of certain fiscal year 2008
projects.
Sec. 2608. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2609. Modification of authority to carry out certain fiscal year
2009 project.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account
1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure
Account 2005.
Sec. 2703. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account
2005.
Sec. 2704. Reduction of military construction authorization for base
realignment and closure activities
authorized through the Department of
Defense Base Closure Account 1990.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. General military construction transfer authority.
Sec. 2802. Extension of temporary, limited authority to use operation
and maintenance funds for construction
projects outside the United States.
Sec. 2803. Clarification of authority to use the Pentagon Reservation
maintenance revolving fund for minor
construction and alteration activities at
the Pentagon Reservation.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Exchange of property at military installations.
Sec. 2812. Clarification of authority to limit encroachments.
Sec. 2813. Department of Defense conservation and cultural activities.
Subtitle C--Land Conveyances
Sec. 2821. Release of reversionary interest, Camp Joseph T. Robinson,
Arkansas.
Sec. 2822. Clarification of land conveyance authority, Camp Caitlin and
Ohana Nui areas, Hawaii.
Sec. 2823. Land conveyance and exchange, Joint Base Elmendorf
Richardson, Alaska.
Subtitle D--Other Matters
Sec. 2831. Investment plan for the modernization of public shipyards
under jurisdiction of Department of the
Navy.
Sec. 2832. Data servers and centers.
Sec. 2833. Redesignation of Mike O'Callaghan Federal Hospital in Nevada
as Mike O'Callaghan Federal Medical Center.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Review of security vulnerabilities of national laboratory
computers.
Sec. 3112. Review by Secretary of Energy and Secretary of Defense of
Comptroller General assessment of budget
requests with respect to the modernization
and refurbishment of the nuclear security
complex.
Sec. 3113. Aircraft procurement.
Sec. 3114. Limitation on use of funds for establishment of centers of
excellence in countries outside of the
former Soviet Union.
Sec. 3115. Recognition and status of National Atomic Testing Museum.
Subtitle C--Reports
Sec. 3121. Report on feasibility of federalizing the security
protective forces contract guard workforce
at certain Department of Energy facilities.
Sec. 3122. Comptroller General study on oversight of Department of
Energy defense nuclear facilities.
Sec. 3123. Plan to complete the Global Initiatives for Proliferation
Prevention program in the Russian
Federation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Authority of the Defense Nuclear Facilities Safety Board to
review the facility design and construction
of Construction Project 10-D-904 of the
National Nuclear Security Administration.
TITLE XXXIII--MARITIME ADMINISTRATION
Sec. 3301. Maritime Administration.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--OTHER AUTHORIZATIONS
Sec. 4401. Other authorizations.
Sec. 4402. Other authorizations for overseas contingency operations.
TITLE XLV--MILITARY CONSTRUCTION
Sec. 4501. Military construction.
TITLE XLVI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4601. Department of Energy national security programs.
DIVISION E--SBIR AND STTR REAUTHORIZATION
Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec. 5003. Repeal.
TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
Sec. 5101. Extension of termination dates.
Sec. 5102. Status of the Office of Technology.
Sec. 5103. SBIR allocation increase.
Sec. 5104. STTR allocation increase.
Sec. 5105. SBIR and STTR award levels.
Sec. 5106. Agency and program flexibility.
Sec. 5107. Elimination of Phase II invitations.
Sec. 5108. Participation by firms with substantial investment from
multiple venture capital operating
companies in a portion of the SBIR program.
Sec. 5109. SBIR and STTR special acquisition preference.
Sec. 5110. Collaborating with Federal laboratories and research and
development centers.
Sec. 5111. Notice requirement.
Sec. 5112. Express authority for an agency to award sequential Phase II
awards for SBIR or STTR funded projects.
TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES
Sec. 5201. Rural and State outreach.
Sec. 5202. Technical assistance for awardees.
Sec. 5203. Commercialization Readiness Program at Department of
Defense.
Sec. 5204. Commercialization Readiness Pilot Program for civilian
agencies.
Sec. 5205. Accelerating cures.
Sec. 5206. Federal agency engagement with SBIR and STTR awardees that
have been awarded multiple Phase I awards
but have not been awarded Phase II awards.
Sec. 5207. Clarifying the definition of ``Phase III''.
Sec. 5208. Shortened period for final decisions on proposals and
applications.
TITLE LIII--OVERSIGHT AND EVALUATION
Sec. 5301. Streamlining annual evaluation requirements.
Sec. 5302. Data collection from agencies for SBIR.
Sec. 5303. Data collection from agencies for STTR.
Sec. 5304. Public database.
Sec. 5305. Government database.
Sec. 5306. Accuracy in funding base calculations.
Sec. 5307. Continued evaluation by the National Academy of Sciences.
Sec. 5308. Technology insertion reporting requirements.
Sec. 5309. Intellectual property protections.
Sec. 5310. Obtaining consent from SBIR and STTR applicants to release
contact information to economic development
organizations.
Sec. 5311. Pilot to allow funding for administrative, oversight, and
contract processing costs.
Sec. 5312. GAO study with respect to venture capital operating company
involvement.
Sec. 5313. Reducing vulnerability of SBIR and STTR programs to fraud,
waste, and abuse.
Sec. 5314. Interagency policy committee.
Sec. 5315. Simplified paperwork requirements.
TITLE LIV--POLICY DIRECTIVES
Sec. 5401. Conforming amendments to the SBIR and the STTR Policy
Directives.
TITLE LV--OTHER PROVISIONS
Sec. 5501. Research topics and program diversification.
Sec. 5502. Report on SBIR and STTR program goals.
Sec. 5503. Competitive selection procedures for SBIR and STTR programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. SCORING OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND
COMMON COCKPITS FOR NAVY MH-60R/S HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into a multiyear contract or contracts, beginning with the fiscal year
2012 program year, for the procurement of mission avionics and common
cockpits for MH-60R/S helicopters.
(b) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2012 is subject to the availability of appropriations
for that purpose for such later fiscal year.
Subtitle C--Air Force Programs
SEC. 131. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES.
(a) Contract Authority.--
(1) In general.--The Secretary of the Air Force may procure
two advanced extremely high frequency satellites by entering
into a fixed-price contract for such procurement.
(2) Cost reduction.--The Secretary may include in a
contract entered into under paragraph (1) the following:
(A) The procurement of material and equipment in
economic order quantities if the procurement of such
material and equipment in such quantities will result
in cost savings.
(B) Cost reduction initiatives.
(3) Use of incremental funding.--The Secretary may use
incremental funding for a contract entered into under paragraph
(1) for a period not to exceed six fiscal years.
(4) Liability.--A contract entered into under paragraph (1)
shall provide that--
(A) any obligation of the United States to make a
payment under the contract is subject to the
availability of appropriations for that purpose; and
(B) the total liability of the Federal Government
for the termination of the contract shall be limited to
the total amount of funding obligated at the time of
the termination of the contract.
(b) Limitation of Costs.--
(1) Limitation.--Except as provided in subsection (c), and
excluding amounts described in paragraph (2), the total amount
obligated or expended for the procurement of two advanced
extremely high frequency satellites authorized by subsection
(a) may not exceed $3,100,000,000.
(2) Exclusion.--The amounts described in this paragraph are
amounts associated with the following:
(A) Plans.
(B) Technical data packages.
(C) Post-delivery and program-related support
costs.
(D) Technical support for obsolescence studies.
(c) Adjustment to Limitation Amount.--
(1) In general.--The Secretary may increase the limitation
set forth in subsection (b)(1) by the amount of an increase
described in paragraph (2) if the Secretary submits to the
congressional defense committees written notification of the
increase made to that limitation.
(2) Increase described.--An increase described in this
paragraph is one of the following:
(A) An increase in costs that is attributable to
economic inflation after September 30, 2011.
(B) An increase in costs that is attributable to
compliance with changes in Federal, State, or local
laws enacted after September 30, 2011.
(C) An increase in the cost of an advanced
extremely high frequency satellite that is attributable
to the insertion of a new technology into the satellite
that was not built into such satellites procured before
fiscal year 2012, if the Secretary determines, and
certifies to the congressional defense committees, that
insertion of the new technology into the satellite is--
(i) expected to decrease the life-cycle
cost of the satellite; or
(ii) required to meet an emerging threat
that poses grave harm to the national security
of the United States.
(d) Reports.--
(1) Report on contracts.--Not later than 30 days after the
date on which the Secretary enters into a contract under
subsection (a), the Secretary shall submit to the congressional
defense committees a report on the contract that includes the
following:
(A) The total cost savings resulting from the
authority provided by subsection (a).
(B) The type and duration of the contract.
(C) The total value of the contract.
(D) The funding profile under the contract by year.
(E) The terms of the contract regarding the
treatment of changes by the Federal Government to the
requirements of the contract, including how any such
changes may affect the success of the contract.
(2) Plan for using cost savings.--Not later than 90 days
after the date on which the Secretary enters into a contract
under subsection (a), the Secretary shall submit to the
congressional defense committees a plan for using the cost
savings described in paragraph (1)(A) to improve the capability
of military satellite communications that includes a
description of the following:
(A) The available funds, by year, resulting from
such cost savings.
(B) The specific activities or subprograms to be
funded using such cost savings and the funds, by year,
allocated to each such activity or subprogram.
(C) The objectives for each such activity or
subprogram.
(D) The criteria used by the Secretary to determine
which such activities or subprograms to fund.
(E) The method by which the Secretary will
determine which such activities or subprograms to fund,
including whether that determination will be on a
competitive basis.
(F) The plan for encouraging participation in such
activities and subprograms by small businesses.
(G) The process for determining how and when such
activities and subprograms would transition to an
existing program or be established as a new program of
record.
(e) Use of Funds Available for Space Vehicle Number 5 for Space
Vehicle Number 6.--The Secretary may obligate and expend amounts
authorized to be appropriated for fiscal year 2012 by section 101 for
procurement for the Air Force as specified in the funding table in
section 4101 and available for the advanced procurement of long-lead
parts and the replacement of obsolete parts for advanced extremely high
frequency satellite space vehicle number 5 for the advanced procurement
of long-lead parts and the replacement of obsolete parts for advanced
extremely high frequency satellite space vehicle number 6.
(f) Sense of Congress.--It is the sense of Congress that the
Secretary should not enter into a fixed-price contract under subsection
(a) for the procurement of two advanced extremely high frequency
satellites unless the Secretary determines that entering into such a
contract will save the Air Force not less than 20 percent over the cost
of procuring two such satellites separately.
SEC. 132. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND
DEVELOPMENT RELATING TO THE B-2 BOMBER AIRCRAFT.
Of the unobligated balance of amounts appropriated for fiscal year
2011 for the Air Force and available for procurement of B-2 bomber
aircraft modifications, post-production support, and other charges,
$20,000,000 shall be available for fiscal year 2012 for research,
development, test, and evaluation with respect to a conventional mixed
load capability for the B-2 bomber aircraft.
SEC. 133. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT ALTERNATIVE
OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL INCREMENT 1
PROGRAM OF RECORD.
(a) In General.--Of the unobligated balance of amounts appropriated
for fiscal year 2011 for the Air Force and available for procurement of
B-2 bomber aircraft aircraft modifications, post-production support,
and other charges, $15,000,000 shall be available to support
alternative options for the extremely high frequency terminal Increment
1 program of record.
(b) Plan To Secure Protected Communications.--Not later than
February 1, 2012, the Secretary of the Air Force shall submit to the
congressional defense committees a plan to provide an extremely high
frequency terminal for secure protected communications for the B-2
bomber aircraft and other aircraft.
SEC. 134. LIMITATIONS ON USE OF FUNDS TO RETIRE B-1 BOMBER AIRCRAFT.
(a) In General.--None of the funds authorized to be appropriated by
this Act for fiscal year 2012 for the Department of Defense may be
obligated or expended--
(1) on or before the date on which the Secretary of the Air
Force submits to the congressional defense committees the plan
described in subsection (b), to retire any B-1 bomber aircraft;
or
(2) after that date, to retire more than six B-1 bomber
aircraft.
(b) Plan Described.--The plan described in this subsection is a
plan for retiring B-1 bomber aircraft that includes the following:
(1) An identification of each B-1 bomber aircraft that will
be retired and the disposition plan for such aircraft.
(2) An estimate of the savings that will result from the
proposed retirement of six B-1 bomber aircraft in each calendar
year through calendar year 2022.
(3) An estimate of the amount of the savings described in
paragraph (2) that will be reinvested in the modernization of
B-1 bomber aircraft still in service in each calendar year
through calendar year 2022.
(4) A modernization plan for sustaining the remaining B-1
bomber aircraft through at least calendar year 2022.
(5) An estimate of the amount of funding required to fully
fund the modernization plan described in paragraph (4) for each
calendar year through calendar year 2022.
(c) Sense of Congress.--It is the sense of Congress that--
(1) an amount that is not less than 60 percent of the
savings achieved in each calendar year through calendar year
2022 resulting from the retirement of B-1 bomber aircraft
should be reinvested in modernizing and sustaining bomber
aircraft; and
(2) an amount that is not less than 35 percent of the
amount described in paragraph (1) should be reinvested in
modernizing and sustaining the remaining B-1 bomber aircraft
through at least calendar year 2022.
SEC. 135. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
(a) Limitation.--The Secretary of the Air Force may take no action
that would prevent the Air Force from maintaining the U-2 aircraft
fleet in its current configuration and capability beyond fiscal year
2016 until the Under Secretary of Defense for Acquisition, Technology,
and Logistics certifies in writing to the appropriate committees of
Congress that the operating and sustainment (O&S) costs for the Global
Hawk unmanned aerial vehicle (UAV) are less than the operating and
sustainment costs for the U-2 aircraft on a comparable flight-hour cost
basis.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.
Section 8062(g)(1) of title 10, United States Code, is amended--
(1) by striking ``October 1, 2009'' and inserting ``October
1, 2011''; and
(2) by striking ``316 aircraft'' and inserting ``301
aircraft''.
SEC. 137. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.
(a) In General.--Upon determining to retire a C-23 aircraft, the
Secretary of the Army shall first offer title to such aircraft to the
chief executive officer of the State in which such aircraft is based.
(b) Transfer Upon Acceptance of Offer.--If the chief executive
officer of a State accepts title of an aircraft under subsection (a),
the Secretary shall transfer title of the aircraft to the State without
charge to the State. The Secretary shall provide a reasonable amount of
time for acceptance of the offer.
(c) Use.--Notwithstanding the transfer of title to an aircraft to a
State under this section, the aircraft may continue to be utilized by
the National Guard of the State in State status using National Guard
crews in that status.
(d) Sustainment.--Immediately upon transfer of title to an aircraft
to the State under this section, the State shall assume all costs
associated with operating, maintaining, sustaining, and modernizing the
aircraft.
Subtitle D--Joint and Multiservice Matters
SEC. 151. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION
REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT
MISSION REQUIREMENT FUNDS.
Section 123(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4159; 10 U.S.C.
167 note) is amended by adding at the end the following new paragraphs:
``(6) A table setting forth the Combat Mission Requirements
approved during the fiscal year in which such report is
submitted and the two preceding fiscal years, including for
each such Requirement--
``(A) the title of such Requirement;
``(B) the date of approval of such Requirement; and
``(C) the amount of funding approved for such
Requirement, and the source of such approved funds.
``(7) A statement of the amount of any unspent Combat
Mission Requirements funds from the fiscal year in which such
report is submitted and the two preceding fiscal years.''.
SEC. 152. F-35 JOINT STRIKE FIGHTER AIRCRAFT.
In entering into a contract for the procurement of aircraft for the
fifth low-rate initial production contract lot (LRIP-5) for the F-35
Lightning II Joint Strike Fighter aircraft, the Secretary of Defense
shall ensure each of the following:
(1) That the contract is a fixed price contract.
(2) That the contract requires the contractor to assume
full responsibility for costs under the contract above the
target cost specified in the contract.
SEC. 153. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION REFORM
ACT OF 2009 MEASURES WITHIN THE JOINT STRIKE FIGHTER
AIRCRAFT PROGRAM.
At the same time the budget of the President for fiscal year 2013
is submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Under Secretary for Acquisition, Technology, and
Logistics shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the plans of the
Department of Defense to implement the requirements of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23), and the
amendments made by that Act, within the Joint Strike Fighter (JSF)
aircraft program. The report shall set forth the following:
(1) Specific goals for implementing the requirements of the
Weapon Systems Acquisition Reform Act of 2009, and the
amendments made by that Act, within the Joint Strike Fighter
aircraft program.
(2) A schedule for achieving each goal set forth under
paragraph (1) for the Joint Strike Fighter aircraft program.
SEC. 154. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY UH-
60M/HH-60M HELICOPTERS AND NAVY MH-60R/MH-60S
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2012 program year, for the procurement of airframes for UH-60M/HH-60M
helicopters and, acting as the executive agent for the Department of
the Navy, for the procurement of airframes for MH-60R/MH-60S
helicopters.
(b) Condition for Out-year Payments.--A contract entered into under
subsection (a) shall provide that any obligation of the United States
to make a payment under the contract for a fiscal year after fiscal
year 2012 is subject to the availability of appropriations for that
purpose for such later fiscal year.
SEC. 155. DESIGNATION OF UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE
UNITED STATES SPECIAL OPERATIONS COMMAND AS A MAJOR
DEFENSE ACQUISITION PROGRAM.
(a) Designation.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall designate the undersea mobility
acquisition program of the United States Special Operations Command as
a major defense acquisition program (MDAP).
(b) Elements.--The major defense acquisition program designated
under subsection (a) shall consist of the elements as follows:
(1) The Dry Combat Submersible-Light program.
(2) The Dry Combat Submersible-Medium program.
(3) The Shallow Water Combat Submersible program.
(4) The Next-Generation Submarine Shelter program.
SEC. 156. TRANSFER OF AIR FORCE C-12 LIBERTY INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT TO THE ARMY.
(a) Plan for Transfer.--The Secretary of Defense shall develop and
carry out a plan for the orderly transfer of the Air Force C-12 Liberty
Intelligence, Surveillance, and Reconnaissance (ISR) aircraft to the
Army to avoid the need for the Army to procure additional C-12 aircraft
for the replacement of the Guardrail aircraft fleet under the Enhanced
Medium Altitude Reconnaissance and Surveillance System (EMARSS)
program.
(b) Elements.--The plan required by subsection (a) shall--
(1) take into account the ability of Army personnel now
operating the Guardrail aircraft to take over operation of C-12
Liberty aircraft as Guardrail aircraft are retired, freeing up
Air Force personnel for reallocation to meet the expanding
orbit requirements for Unmanned Aerial Systems;
(2) take into account the need to sustain intelligence,
surveillance, and reconnaissance support for forces deployed to
Afghanistan and elsewhere; and
(3) provide for the modification of the Liberty C-12
aircraft transferred under the plan to meet the long-term needs
of the Army for the Enhanced Medium Altitude Reconnaissance and
Surveillance System configuration to replace the Guardrail
system.
(c) Report.--Not later than the date on which the budget for fiscal
year 2013 is submitted to Congress pursuant to section 1105 of title
31, United States Code, the Secretary shall submit to the congressional
defense and intelligence committees a report on the plan required by
subsection (a). The report shall include a description of the plan and
an estimate of the costs to be avoided through cancellation of aircraft
procurement under the Enhanced Medium Altitude Reconnaissance and
Surveillance System program by reason of the transfer of aircraft under
the plan.
SEC. 157. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-
ENGINING PROGRAM.
(a) Report on Audit of Funds for Program.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Air Force Audit Agency shall
submit to the congressional defense committees the results of a
financial audit of the funds previously authorized and
appropriated for the Joint Surveillance Target Attack Radar
System (JSTARS) aircraft re-engining program.
(2) Elements.--The report on the audit required by
paragraph (1) shall include the following:
(A) A description of how the funds described in
that paragraph were expended, including--
(i) an assessment of the existence,
completeness, and cost of the assets acquired
with such funds; and
(ii) an assessment of the costs that were
capitalized as military equipment and inventory
and the cost characterized as operating
expenses (including payroll, freight and
shipment, inspection, and other operating
costs).
(B) A statement of the amount of such funds that
remain available for obligation and expenditure, and in
which accounts.
(b) Use of Remaining Funds.--The Secretary of the Air Force shall
take appropriate actions to ensure that any funds described by
subsection (a)(2)(B) are obligated and expended for the purpose for
which originally authorized and appropriated, including, but not
limited to, the installation of two engine shipsets on two operational
Joint Surveillance Target Attack Radar System aircraft and the purchase
of two spare engines.
SEC. 158. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF SHORT TAKE-
OFF, VERTICAL LANDING VARIANT OF THE JOINT STRIKE
FIGHTER.
Not later than 45 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report on the development of the short take-off, vertical
landing variant of the Joint Strike Fighter (otherwise known as the F-
35B Joint Strike Fighter) that includes the following:
(1) An identification of the criteria that the Secretary
determines must be satisfied before the F-35B Joint Strike
Fighter can be removed from the two-year probationary status
imposed by the Secretary on or about January 6, 2011.
(2) A mid-probationary period assessment of--
(A) the performance of the F-35B Joint Strike
Fighter based on the criteria described in paragraph
(1); and
(B) the technical issues that remain in the
development program for the F-35B Joint Strike Fighter.
(3) A plan for how the Secretary intends to resolve the
issues described in paragraph (2)(B) before January 6, 2013.
SEC. 159. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F-35
LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT.
(a) Authority.--
(1) Exchange authority.--In accordance with subsection (c),
the Secretary of Defense may transfer to the United Kingdom of
Great Britain and Northern Ireland (in this section referred to
as the ``United Kingdom'') all right, title, and interest of
the United States in and to an aircraft described in paragraph
(2) in exchange for the transfer by the United Kingdom to the
United States of all right, title, and interest of the United
Kingdom in and to an aircraft described in paragraph (3). The
Secretary may execute the exchange under this section on behalf
of the United States only with the concurrence of the Secretary
of State.
(2) Aircraft to be exchanged by united states.--The
aircraft authorized to be transferred by the United States
under this subsection is an F-35 Lightning II aircraft in the
Carrier Variant configuration acquired by the United States for
the Marine Corps under a future Joint Strike Fighter program
contract referred to as the Low-Rate Initial Production 6
contract.
(3) Aircraft to be exchanged by united kingdom.--The
aircraft for which the exchange under paragraph (1) may be made
is an F-35 Lightning II aircraft in the Short-Take Off and
Vertical Landing configuration that, as of November 19, 2010,
is being acquired on behalf of the United Kingdom under an
existing Joint Strike Fighter program contract referred to as
the Low-Rate Initial Production 4 contract.
(b) Funding for Production of Aircraft.--
(1) Funding sources for aircraft to be exchanged by united
states.--
(A) In general.--Except as provided in subparagraph
(B), funds for production of the aircraft to be
transferred by the United States (including the
propulsion system, long lead-time materials, the
production build, and deficiency corrections) may be
derived from appropriations for Aircraft Procurement,
Navy, for the aircraft under the contract referred to
in subsection (a)(2).
(B) Exception.--Costs for flight test
instrumentation of the aircraft to be transferred by
the United States and any other non-recurring and
recurring costs for that aircraft associated with
unique requirements of the United Kingdom may not be
borne by the United States.
(2) Funding sources for aircraft to be exchanged by united
kingdom.--Costs for upgrades and modifications of the aircraft
to be transferred to the United States that are necessary to
bring that aircraft to the Low-Rate Initial Production 6
configuration under the contract referred to in subsection
(a)(2) may not be borne by the United States.
(c) Implementation.--The exchange under this section shall be
implemented pursuant to the memorandum of understanding titled ``Joint
Strike Fighter Production, Sustainment, and Follow-on Development
Memorandum of Understanding'', which entered into effect among nine
nations including the United States and the United Kingdom on December
31, 2006, consistent with section 27 of the Arms Export Control Act (22
U.S.C. 2767), and as supplemented as necessary by the United States and
the United Kingdom.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Department of Defense for research, development,
test, and evaluation as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROHIBITIONS RELATING TO USE OF FUNDS FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION ON THE F136 ENGINE.
(a) Prohibition on Use of Funds for RDT&E.--None of the amounts
authorized to be appropriated by this Act may be obligated or expended
for research, development, test, or evaluation on the F136 engine.
(b) Prohibition on Treatment of Certain Expenditures as Allowable
Charges.--No research, development, test, or evaluation on the F136
engine that is conducted and funded by the contractor may be considered
an allowable charge on any future government contract, whether as a
direct or indirect cost.
SEC. 212. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER
AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE
COMMUNICATIONS PROGRAM.
None of the funds authorized to be appropriated by section 201 for
research, development, test, and evaluation for the Air Force as
specified in the funding table in section 4201 and available for
Increment 2 of the B-2 bomber aircraft extremely high frequency
satellite communications program may be obligated or expended until the
date that is 15 days after the date on which the Secretary of the Air
Force submits to the congressional defense committees the following:
(1) The certification of the Secretary that--
(A) the United States Government will own the data
rights to any extremely high frequency active
electronically steered array antenna developed for use
as part of a system to support extremely high frequency
protected satellite communications for the B-2 bomber
aircraft; and
(B) the use of an extremely high frequency active
electronically steered array antenna is the most cost
effective and lowest risk option available to support
extremely high frequency satellite communications for
the B-2 bomber aircraft.
(2) A detailed plan setting forth the projected cost and
schedule for research, development, and testing on the
extremely high frequency active electronically steered array
antenna.
SEC. 213. UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE.
Of the amounts authorized to be appropriated for fiscal year 2012
for the Navy for research, development, test, and evaluation and
available for purposes of the Unmanned Carrier Launched Airborne
Surveillance and Strike (UCLASS) program (PE 64404N) as specified in
the funding table in section 4201, not more than 50 percent may be
obligated or expended for such purposes until the Under Secretary of
Defense for Acquisition, Technology, and Logistics certifies to the
congressional defense committees that the Under Secretary has approved
an acquisition plan for that program at Milestone A approval that
requires implementation of open architecture standards for that
program.
SEC. 214. MARINE CORPS GROUND COMBAT VEHICLES.
(a) Limitation on Milestone B Approval for Marine Personnel Carrier
Pending Analysis of Alternatives for Amphibious Combat Vehicle.--
(1) Limitation.--Milestone B approval may not be granted
for the Marine Personnel Carrier (MPC) until 30 days after the
date of the submittal to the congressional defense committees
of an Analysis of Alternatives (AoA) for the Amphibious Combat
Vehicle (ACV).
(2) Requirements for analysis of alternatives.--The
Analysis of Alternatives for the Amphibious Combat Vehicle
required by paragraph (1) shall include each of the following:
(A) An assessment of the ability of the Navy to
defend its vessels against attacks at distances from
shore ranging from 10-to-30 nautical miles during
amphibious assault operations in multiple potential
future conflict scenarios, based on existing and
planned and budgeted defense capabilities. The
assessment shall identify the key issues and variables
that determine survivability in each of the scenarios
assessed.
(B) An assessment of the amount of time Marines can
be expected to ride in a non-planing amphibious assault
vehicle without suffering a significant degradation in
combat effectiveness. The Marine Corps shall conduct
tests to support such assessment using existing
Amphibious Assault Vehicles and Expeditionary Fighting
Vehicle SDD-2 prototypes.
(C) An assessment of the armor protection levels
the Amphibious Combat Vehicle would require to satisfy
the requirements for the Marine Personnel Carrier
program, and an assessment whether a non-planing
Amphibious Combat Vehicle could practically achieve
that armor protection level while meeting other
objectives for mobility and cost.
(D) An assessment of whether an Amphibious Combat
Vehicle system could perform the range of amphibious
assault and land warfare missions for the Marine Corps
at a life-cycle cost approximately equal to or less
than the combined cost of the Amphibious Combat Vehicle
and Marine Personnel Carrier programs, and an
assessment of the extent to which a ground combat
vehicle fleet composed entirely of Amphibious Combat
Vehicles would enhance the amphibious assault
capabilities of the Marine Corps when compared with a
fleet composed of a mixture of Amphibious Combat
Vehicles and Marine Personnel Carriers.
(3) Support of analysis of alternatives.--The Marine Corps
may conduct such technology development and demonstration, and
such other pre-acquisition activities, tests, exercises, and
modeling, as the Marine Corps considers necessary to support
the Analysis of Alternatives required by paragraph (1) and the
establishment of requirements for the Amphibious Combat
Vehicle.
(b) Limitation on Milestone B Approval for Various Vehicles Pending
Life-cycle Cost Assessment.--
(1) Limitation.--Milestone B approval may not be granted
for any Marine Corps ground combat vehicle specified in
paragraph (2) until 30 days after the date of the submittal to
the congressional defense committees of a life-cycle cost
assessment of the portfolio of Marine Corps ground vehicles
performed by the Director of Cost Assessment and Program
Evaluation of the Department of Defense.
(2) Covered vehicles.--The Marine Corps ground combat
vehicles specified in this paragraph are the following:
(A) The Marine Personnel Carrier.
(B) The Amphibious Combat Vehicle.
(C) The Joint Light Tactical Vehicle (JLTV).
(D) Any other ground combat vehicle of the Marine
Corps under development as of the date of the enactment
of this Act for which Milestone B approval has not been
granted as of that date.
(c) Availability of Funds.--Of the amounts authorized to be
appropriated for fiscal year 2012 by section 201 and available for
research, development, test, and evaluation for the Navy as specified
in the funding tables in section 4201 for Program Elements 0603611M and
0206623M for the Amphibious Combat Vehicle, the Assault Amphibious
Vehicle 7A1, and the Marine Personnel Carrier, $30,000,000 is available
for pre-acquisition activities in support of the Analysis of
Alternatives and requirements definition for the Amphibious Combat
Vehicle.
(d) Milestone B Approval Defined.--In this section, the term
``Milestone B approval'' has the meaning given that term in section
2366(e)(7) of title 10, United States Code.
Subtitle C--Missile Defense Matters
SEC. 231. ENHANCED OVERSIGHT OF MISSILE DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 225 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4170; 10 U.S.C. 233 note) is amended--
(1) in subsection (d), by striking ``each report'' and
inserting ``each of the first three reports''; and
(2) by adding at the end the following new subsection:
``(e) Comptroller General Assessment.--(1) At the end of each of
fiscal years 2012 through 2015, the Comptroller General of the United
States shall review the annual reports on acquisition baselines and
variances required under subsection (c) and assess the extent to which
the Missile Defense Agency has achieved its acquisition goals and
objectives.
``(2) Not later than February 15, 2013, and each year thereafter
through 2016, the Comptroller General shall submit to the congressional
defense committees a report on the assessment under paragraph (1) with
respect to the acquisition baselines for the preceding fiscal year.
Each report shall include any findings and recommendations on missile
defense acquisition programs and accountability therefore that the
Comptroller General considers appropriate.''.
(b) Repeal of Superseded Reporting Authority.--Section 232 of the
National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431
note) is amended by striking subsection (g).
SEC. 232. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The Ground-based Midcourse Defense (GMD) element of the
Ballistic Missile Defense System was deployed initially in 2004
as a contingency capability to provide initial protection of
the United States homeland against potential limited long-range
missile attacks by nations such as North Korea and Iran.
(2) As the Director of Operational Test and Evaluation has
reported, prior to the decision in December 2002 to deploy the
system, an operationally representative variant of the Ground-
Based Interceptor had not been flight-tested.
(3) As the Department of Defense and the Government
Accountability Office have acknowledged, the Ground-based
Midcourse Defense system experienced high levels of concurrency
in development and deployment, which led to a number of
problems. In April 2011, the Missile Defense Agency
acknowledged that the system ``is still evolving and has not
attained a stable configuration between missiles. It is still
an `operational prototype' system''.
(4) The Director of Operational Test and Evaluation
reported in December 2010 that there have not been enough
flight tests of the Ground-based Midcourse Defense system to
permit an objective assessment of its operational
effectiveness, suitability data remain insufficient, evaluation
of survivability remains limited, and a ``full end-to end
performance assessment is still a minimum of 6 years away''.
(5) As is to be expected from a developmental system, the
Ground-based Midcourse Defense system has experienced a number
of technical problems in flight tests. Many of these problems
have been resolved with further development, as demonstrated in
successful flight tests. The system has been under continuous
improvement since it was first deployed, but has not yet
obtained desired levels of effectiveness, suitability, or
reliability.
(6) In 2009, the Secretary of Defense announced that the
Department of Defense would refocus efforts on improving the
operational capability, reliability, and availability of the
Ground-based Midcourse Defense system in order to maintain its
ability to stay ahead of projected threats from North Korea and
Iran for the foreseeable future.
(7) In February 2010 the Ballistic Missile Defense Review
stated the United States is currently protected against limited
intercontinental ballistic missile attacks as a result of
investments made over the past decade in the Ground-based
Midcourse Defense system and reiterated the commitment to
improving the operational capability, reliability, and
availability of the Ground-based Midcourse Defense System.
(8) The two most recent flight tests of the Ground-based
Midcourse Defense system, using the newest Capability
Enhancement-2 Exo-atmospheric Kill Vehicle (EKV) design, each
failed to achieve the intended interception of a target.
(9) The two most recent flight tests are not indicative of
the functionality of the Capability Enhancement-1 Exo-
atmospheric Kill Vehicle design, which continues to provide the
United States protection against a limited intercontinental
ballistic missile attack.
(10) The Missile Defense Agency established a Failure
Review Board to determine the root cause of the December 2010
flight-test failure of the Ground-based Midcourse Defense
system. Its analysis will inform the proposed correction of the
problem causing the flight-test failure.
(11) The Missile Defense Agency plans to design a
correction of the problem causing the December 2010 flight-test
failure and to verify the correction through extensive modeling
and simulation, ground testing, and two flight tests, the first
of which will not be an interception test.
(12) Until completing the verification of its corrective
action, the Missile Defense Agency has suspended further
production of Exo-atmospheric Kill Vehicles to ensure that
potential flaws are not incorporated into them, and to permit
any corrective action that may be needed to Exo-atmospheric
Kill Vehicles at minimal cost and schedule risk.
(13) The Director of the Missile Defense Agency has
testified that the Missile Defense Agency has sufficient
funding available and planned for fiscal years 2011 and 2012,
respectively, to implement the planned correction of the
problem causing the December 2010 flight-test failure.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is essential for the Ground-based Midcourse Defense
element of the Ballistic Missile Defense System to achieve the
levels of reliability, availability, sustainability, and
operational performance that will allow it to continue
providing protection of the United States homeland, throughout
its operational service life, against limited future missile
attacks from nations such as North Korea and Iran;
(2) the Missile Defense Agency should, as its highest
priority, determine the root cause of the December 2010 flight-
test failure of the Ground-based Midcourse Defense system,
design a correction of the problem causing the flight-test
failure, and verify through extensive testing that such
correction is effective and will allow the Ground-based
Midcourse Defense system to reach levels described in paragraph
(1);
(3) before verifying the success of the correction of the
problem causing the December 2010 flight-test failure, the
Missile Defense Agency should suspend further production of
Exo-atmospheric Kill Vehicles to ensure that they will not be
deployed with any component or design flaws that may have
caused the flight-test failure;
(4) after the Missile Defense Agency has verified the
correction of the problem causing the December 2010 flight-test
failure, including through the two previously unplanned
verification flight tests, the Agency should assess the need
for any additional Ground-Based Interceptors and any additional
steps needed for the Ground-based Midcourse Defense testing and
sustainment program; and
(5) the Department of Defense should plan for and budget
sufficient future funds for the Ground-based Midcourse Defense
program to ensure the ability to complete and verify an
effective correction of the problem causing the December 2010
flight-test failure, and to mitigate the effects of corrective
actions on previously planned program work that is deferred as
a result of such corrective actions.
(c) Reports.--
(1) Reports required.--Not later than 120 days after the
date of the enactment of this Act, and one year thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report describing the plan of the Department of
Defense to correct the problem causing the December 2010
flight-test failure of the Ground-based Midcourse Defense
system, and any progress toward the achievement of that plan.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A detailed discussion of the plan to correct
the problem described in that paragraph, including
plans for diagnostic, design, testing, and
manufacturing actions.
(B) A detailed discussion of any results obtained
from the plan described in subparagraph (A) as of the
date of such report, including diagnostic, design,
testing, or manufacturing results.
(C) A description of any cost or schedule impact of
the plan on the Ground-based Midcourse Defense program,
including on testing, production, refurbishment, or
deferred work.
(D) A description of any planned adjustments to the
Ground-based Midcourse Defense program as a result of
the implementation of the plan, including future
programmatic, schedule, testing, or funding
adjustments.
(E) A description of any enhancements to the
capability of the Ground-based Midcourse Defense system
achieved or planned since the submittal of the budget
for fiscal year 2010 pursuant to section 1105 of title
31, United States Code.
(3) Form.--Each report required by paragraph (1) shall be
in unclassified form, but may include a classified annex.
SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA.
(a) Findings.--Congress makes the following findings:
(1) For more than a decade, the United States and Russia
have discussed a variety of options for cooperation on shared
early warning and ballistic missile defense. For example, on
May 1, 2001, President George W. Bush spoke of a ``new
cooperative relationship'' with Russia and said it ``should be
premised on openness, mutual confidence and real opportunities
for cooperation, including the area of missile defense. It
should allow us to share information so that each nation can
improve its early warning capability, and its capability to
defend its people and territory. And perhaps one day, we can
even cooperate in a joint defense''.
(2) Section 1231 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 1654A-329) authorized the Department of
Defense to establish in Russia a ``joint center for the
exchange of data from systems to provide early warning of
launches of ballistic missiles and for notification of launches
of such missiles'', also known as the Joint Data Exchange
Center (JDEC).
(3) On March 31, 2008, Deputy Secretary of Defense Gordon
England stated that ``we have offered Russia a wide-ranging
proposal to cooperate on missile defense--everything from
modeling and simulation, to data sharing, to joint development
of a regional missile defense architecture--all designed to
defend the United States, Europe, and Russia from the growing
threat of Iranian ballistic missiles. An extraordinary series
of transparency measures have also been offered to reassure
Russia. Despite some Russian reluctance to sign up to these
cooperative missile defense activities, we continue to work
toward this goal''.
(4) On July 6, 2009, President Barack Obama and Russian
President Dmitry Medvedev issued a joint statement on missile
defense issues, which stated that ``Russia and the United
States plan to continue the discussion concerning the
establishment of cooperation in responding to the challenge of
ballistic missile proliferation. . . We have instructed our
experts to work together to analyze the ballistic missile
challenges of the 21st century and to prepare appropriate
recommendations''.
(5) The February 2010 report of the Ballistic Missile
Defense Review established as one of its central policy pillars
that increased international missile defense cooperation is in
the national security interest of the United States and, with
regard to cooperation with Russia, the United States ``is
pursuing a broad agenda focused on shared early warning of
missile launches, possible technical cooperation, and even
operational cooperation''.
(6) at the November 2010 Lisbon Summit, the North Atlantic
Treaty Organization (NATO) decided to develop a missile defense
system to ``protect NATO European populations, territory and
forces'' and also to seek cooperation with Russia on missile
defense. In its Lisbon Summit Declaration, the North Atlantic
Treaty Organization reaffirmed its readiness to ``invite Russia
to explore jointly the potential for linking current and
planned missile defence systems at an appropriate time in
mutually beneficial ways''. The new NATO Strategic Concept
adopted at the Lisbon Summit states that ``we will actively
seek cooperation on missile defence with Russia'', that ``NATO-
Russia cooperation is of strategic importance'', and that ``the
security of the North Atlantic Treaty Organization and Russia
is intertwined''.
(7) In a December 18, 2010, letter to the leadership of the
Senate, President Obama wrote that the North Atlantic Treaty
Organization ``invited Russia to cooperate on missile defense,
which could lead to adding Russian capabilities to those
deployed by NATO to enhance our common security against common
threats. The Lisbon Summit thus demonstrated that the
Alliance's missile defenses can be strengthened by improving
NATO-Russian relations. This comes even as we have made clear
that the system we intend to pursue with Russia will not be a
joint system, and it will not in any way limit United States'
or NATO's missile defense capabilities. Effective cooperation
with Russia could enhance the overall efficiency of our
combined territorial missile defenses, and at the same time
provide Russia with greater security''.
(8) Section 221(a)(3) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4167) states that it is the sense of Congress ``to
support the efforts of the United States Government and the
North Atlantic Treaty Organization to pursue cooperation with
the Russian Federation on ballistic missile defense relative to
Iranian missile threats''.
(9) In a speech in Russia on March 21, 2011, Secretary of
Defense Robert Gates cited ``the NATO-Russian decision to
cooperate on defense against ballistic missiles. We've
disagreed before, and Russia still has uncertainties about the
European Phased Adaptive Approach, a limited system that poses
no challenges to the large Russian nuclear arsenal. However,
we've mutually committed to resolving these difficulties in
order to develop a roadmap toward truly effective anti-
ballistic missile collaboration. This collaboration may include
exchanging launch information, setting up a joint data fusion
center, allowing greater transparency with respect to our
missile defense plans and exercises, and conducting a joint
analysis to determine areas of future cooperation''.
(10) In testimony to the Committee on Armed Services of the
Senate on April 13, 2011, Deputy Assistant Secretary of Defense
for Nuclear and Missile Defense Policy Bradley H. Roberts
stated that the United States has been pursuing a Defense
Technology Cooperation Agreement with Russia since 2004, and
that such an agreement is necessary ``for the safeguarding of
sensitive information in support of cooperation'' on missile
defense, and to ``provide the legal framework for undertaking
cooperative efforts.'' Further, Dr. Roberts stated that the
United States would not provide any classified information to
Russia without first conducting a National Disclosure Policy
review. He also stated that the United States is not
considering sharing ``hit-to-kill'' technology with Russia.
(11) The United States and Russia already engage in
substantial cooperation on a number of international security
efforts, including nuclear nonproliferation, anti-piracy,
counter-narcotics, nuclear security, counter-terrorism, and
logistics resupply through Russia of coalition forces in
Afghanistan. These areas of cooperation require each side to
share and protect sensitive information, which they have both
done successfully.
(12) The United States currently has shared early warning
agreements and programs of cooperation with eight nations in
addition to the North Atlantic Treaty Organization. The United
States has developed procedures and mechanisms for sharing
early warning information with partner nations while ensuring
the protection of sensitive United States information.
(13) Russia and the United States each have missile launch
early warning and detection and tracking sensors that could
contribute to and enhance each others' ability to detect,
track, an defend against ballistic missile threats from Iran.
(14) The Obama Administration has provided regular
briefings to Congress on its discussions with Russia on
possible missile defense cooperation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national security interest of the United
States to pursue efforts at missile defense cooperation with
Russia that would enhance the security of the United States,
its North Atlantic Treaty Organization allies, and Russia,
particularly against missile threats from Iran;
(2) the United States should pursue ballistic missile
defense cooperation with Russia on both a bilateral basis and a
multilateral basis with its North Atlantic Treaty Organization
allies, particularly through the NATO-Russia Council;
(3) missile defense cooperation with Russia should not ``in
any way limit United States' or NATO's missile defense
capabilities'', as acknowledged in the December 18, 2010,
letter from President Obama to the leadership of the Senate,
and should be mutually beneficial and reciprocal in nature; and
(4) the United States should pursue missile defense
cooperation with Russia in a manner that ensures that--
(A) United States classified information is
appropriately safeguarded and protected from
unauthorized disclosure;
(B) prior to sharing classified information with
Russia, the United States conducts a National
Disclosure Policy review and determines the types and
levels of information that may be shared and whether
any additional procedures are necessary to protect such
information;
(C) prior to entering into missile defense
technology cooperation projects, the United States
enters into a Defense Technology Cooperation Agreement
with Russia that establishes the legal framework for a
broad spectrum of potential cooperative defense
projects; and
(D) such cooperation does not limit the missile
defense capabilities of the United States or its North
Atlantic Treaty Organization allies.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to the appropriate committees of Congress a report on the
status of efforts to reach agreement with Russia on missile
defense cooperation.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A summary of the status of discussions between
the United States and Russia, and between the North
Atlantic Treaty Organization and Russia, on efforts to
agree on missile defense cooperation.
(B) A description of any agreements reached
pursuant to such discussions, and any specific
cooperative measures agreed, implemented, or planned.
(C) A discussion of the manner in which such
cooperative measures would enhance the security of the
United States, and the manner in which such cooperative
measures fit within the larger context of United
States-Russian cooperation on international security.
(D) A description of the status of efforts to
conclude a bilateral Defense Technology Cooperation
Agreement with Russia.
(E) A description of the status of any National
Disclosure Policy Review relative to the possible
sharing of classified information with Russia
concerning missile defense cooperation.
(F) A discussion of the actions that are being
taken or are planned to be taken to safeguard United
States classified information in any agreement or
discussions with Russia concerning missile defense
cooperation.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committees on Armed Services, Foreign
Relations, and Appropriations of the Senate; and
(B) the Committees on Armed Services, Foreign
Affairs, and Appropriations of the House of
Representatives.
SEC. 234. REPORT ON THE UNITED STATES MISSILE DEFENSE HEDGING STRATEGY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the findings
and conclusions of the homeland missile defense hedging strategy
review, including a discussion of the feasibility and advisability of
establishing a missile defense site on the East Coast of the United
States.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
Subtitle D--Reports
SEC. 251. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP AND ANNUAL
REVIEW AND CERTIFICATION ON FUNDING FOR DEVELOPMENT OF
HYPERSONICS.
Section 218(e)(3) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2126; 10 U.S.C.
2358 note) is amended by striking ``2012'' and inserting ``2020''.
Subtitle E--Other Matters
SEC. 261. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE
TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND
DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.
Section 243 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4178; 10 U.S.C.
2358 note) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Cost-sharing.--Any contract for the design or development of
a system resulting from activities under subsection (a) for the purpose
of enhancing or enabling the exportability of the system either (1) for
the development of program protection strategies for the system, or (2)
for the design and incorporation of exportability features into the
system shall include a cost-sharing provision that requires the
contractor to bear at least one half of the cost of such activities.''.
SEC. 262. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE.
(a) Acquisition.--
(1) In general.--Subject to paragraph (3), the Secretary of
the Army (referred to in this section as the ``Secretary'') may
acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire, described
in paragraph (2) as may be needed for the Engineer Research and
Development Center laboratory facilities at the Cold Regions
Research and Engineering Laboratory.
(2) Description of real property.--The real property
described in this paragraph is the real property to be acquired
under paragraph (1)--
(A) consisting of approximately 18.5 acres,
identified as Tracts 101-1 and 101-2, together with all
necessary easements located entirely within the Town of
Hanover, New Hampshire; and
(B) generally bounded--
(i) to the east by state route 10-Lyme
Road;
(ii) to the north by the vacant property of
the Trustees of Dartmouth College;
(iii) to the south by Fletcher Circle
graduate student housing owned by the Trustees
of Dartmouth College; and
(iv) to the west by approximately 9 acres
of real property acquired in fee through
condemnation in 1981 by the Secretary.
(3) Amount paid for property.--The Secretary shall pay not
more than fair market value for any real property and
associated real property interest acquired under this
subsection.
(b) Revolving Fund.--The Secretary--
(1) through the Plant Replacement and Improvement Program
of the Secretary, may use amounts in the revolving fund
established by section 101 of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576) to acquire the real
property and associated real property interests described in
subsection (a); and
(2) shall ensure that the revolving fund is appropriately
reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--
(1) In general.--The Secretary may provide the seller of
any real property and associated property interests identified
in subsection (a) a right of first refusal--
(A) a right of first refusal to acquire the
property, or any portion of the property, in the event
the property or portion is no longer needed by the
Department of the Army; and
(B) a right of first refusal to acquire any real
property or associated real property interests acquired
by condemnation in Civil Action No. 81-360-L, in the
event the property, or any portion of the property, is
no longer needed by the Department of the Army.
(2) Nature of right.--A right of first refusal provided to
a seller under this subsection shall not inure to the benefit
of any successor or assign of the seller.
(d) Consideration; Fair Market Value.--The purchase of any property
by a seller exercising a right of first refusal provided under
subsection (c) shall be for--
(1) consideration acceptable to the Secretary; and
(2) not less than fair market value at the time at which
the property becomes available for purchase.
(e) Disposal.--The Secretary may dispose of any property or
associated real property interests that are subject to the exercise of
the right of first refusal under this section.
(f) No Effect on Compliance With Environmental Laws.--Nothing in
this section affects or limits the application of or obligation to
comply with any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environmental Provisions
SEC. 311. MODIFICATION OF ENERGY PERFORMANCE GOALS.
(a) Modification of Goals.--Section 2911(e) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``Goal'' and
inserting ``Goals''; and
(2) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (D) and (E), respectively; and
(B) by inserting before subparagraph (D), as
redesignated by subparagraph (A) of this paragraph, the
following new subparagraphs:
``(A) to produce or procure not less than 12 percent of the
total quantity of facility energy it consumes within its
facilities during each of fiscal years 2015 through 2017 from
renewable energy sources;
``(B) to produce or procure not less than 16 percent of the
total quantity of facility energy it consumes within its
facilities during each of fiscal years 2018 through 2020 from
renewable energy sources;
``(C) to produce or procure not less than 20 percent of the
total quantity of facility energy it consumes within its
facilities during each of fiscal years 2021 through 2024 from
renewable energy sources;''.
(b) Inclusion of Direct Solar as Energy Efficient Product.--Section
2915(e)(2)(A) of such title is amended by inserting ``direct solar,''
after ``Roof-top solar thermal,''.
SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2711. Annual report on defense environmental programs
``(a) Report Required.--The Secretary of Defense shall submit to
Congress each year, not later than 45 days after the date on which the
President submits to Congress the budget for a fiscal year, a report on
defense environmental programs. Each report shall include:
``(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, the following elements:
``(A) Information on the Installation Restoration
Program, including the following:
``(i) The total number of sites in the IRP.
``(ii) The number of sites in the IRP that
have reached the Remedy in Place Stage and the
Response Complete Stage, and the change in such
numbers in the preceding calendar year.
``(iii) A statement of the amount of funds
allocated by the Secretary for, and the
anticipated progress in implementing, the
environmental restoration program during the
fiscal year for which the budget is submitted.
``(iv) The Secretary's assessment of the
overall progress of the IRP.
``(B) Information on the Military Munitions
Restoration Program (MMRP), including the following:
``(i) The total number of sites in the
MMRP.
``(ii) The number of sites that have
reached the Remedy in Place Stage and the
Response Complete Stage, and the change in such
numbers in the preceding calendar year.
``(iii) A statement of the amount of funds
allocated by the Secretary for, and the
anticipated progress in implementing, the MMRP
during the fiscal year for which the budget is
submitted.
``(iv) The Secretary's assessment of the
overall progress of the MMRP.
``(2) With respect to each of the major activities under
the environmental quality program of the Department of Defense
and for each of the military departments--
``(A) a statement of the amount expended, or
proposed to be expended, during the period consisting
of the four fiscal years preceding the fiscal year in
which the report is submitted, the fiscal year for
which the budget is submitted, and the fiscal year
following the fiscal year for which the budget is
submitted; and
``(B) an explanation for any significant change in
such amounts during the period covered.
``(3) With respect to the environmental technology program
of the Department of Defense--
``(A) a report on the progress made by in achieving
the objectives and goals of its environmental
technology program during the preceding fiscal year and
an overall trend analysis for the program covering the
previous four fiscal years; and
``(B) a statement of the amount expended, or
proposed to be expended, during the period consisting
of the four fiscal years preceding the fiscal year in
which the report is submitted, the fiscal year for
which the budget is submitted, and the fiscal year
following the fiscal year for which the budget is
submitted.
``(b) Definitions.--For purposes of this section--
``(1) the term `environmental quality program' means a
program of activities relating to environmental compliance,
conservation, pollution prevention, and other activities
relating to environmental quality as the Secretary may
designate; and
``(2) the term `major activities' with respect to an
environmental program means--
``(A) environmental compliance activities;
``(B) conservation activities; and
``(C) pollution prevention activities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2710 the following new item:
``2711. Annual report on defense environmental programs.''.
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING
COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of the Navy may transfer not more than
$45,000 to the Hazardous Substance Superfund Jackson Park
Housing Complex, Washington, special account.
(2) Purpose of transfer.--The payment under paragraph (1)
is to pay a stipulated penalty assessed by the Environmental
Protection Agency on October 7, 2009, against the Jackson Park
Housing Complex, Washington, for the failure by the Navy to
submit a draft Final Remedial Investigation/Feasibility Study
for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC)
in accordance with the requirements of the Interagency
Agreement (Administrative Docket No. CERCLA-10-2005-0023).
(b) Source of Funds.--Any payment under subsection (a) shall be
made using funds authorized to be appropriated by section 301 for
operation and maintenance for Environmental Restoration, Navy.
(c) Use of Funds.--The amount transferred under subsection (a)
shall be used by the Environmental Protection Agency to pay the penalty
described under paragraph (2) of such subsection.
SEC. 314. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO DRINKING
WATER CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.
(a) Limitation on Use of Funds.--None of the funds authorized to be
appropriated by this Act may be used to make a final decision on or
final adjudication of any claim filed regarding water contamination at
Marine Corps Base Camp Lejeune unless the Agency for Toxic Substances
and Disease Registry completes all epidemiological and water modeling
studies relevant to such contamination that are ongoing as of June 1,
2011, and certifies the completion of all such studies in writing to
the Committees on Armed Services for the Senate and the House of
Representatives. This provision does not prevent the use of funds for
routine administrative tasks required to maintain such claims nor does
it prohibit the use of funds for matters pending in Federal court.
(b) Resolution of Certain Disputes.--The Secretary of the Navy
shall make every effort to resolve any dispute arising between the
Department of the Navy and the Agency for Toxic Substances and Disease
Registry that is covered by the Interagency Agreement between the
Department of Health and Human Services Agency for Toxic Substances and
Disease Registry and the Department of the Navy or any successor
memorandum of understanding and signed agreements not later than 60
days after the date on which the dispute first arises. In the event the
Secretary is unable to resolve such a dispute within 60 days, the
Secretary shall submit to the congressional defense committees a report
on the reasons why an agreement has not yet been reached, the actions
that the Secretary plans to take to reach agreement, and the schedule
for taking such actions.
(c) Coordination Prior to Releasing Information to the Public.--The
Secretary of the Navy shall make every effort to coordinate with the
Agency for Toxic Substances and Disease Registry on all issues
pertaining to water contamination at Marine Corps Base Camp Lejeune,
and other exposed pathways before releasing anything to the public.
SEC. 315. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED
FORCES.
(a) Discharge Restrictions for Ships of the Armed Forces.--
Subsection (b) of section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902(b)) is amended to read as follows:
``(b)(1) Except as provided in paragraph (3), this Act shall not
apply to--
``(A) a ship of the Armed Forces described in paragraph
(2); or
``(B) any other ship specifically excluded by the MARPOL
Protocol or the Antarctic Protocol.
``(2) A ship described in this paragraph is a ship that is owned or
operated by the Secretary, with respect to the Coast Guard, or by the
Secretary of a military department, and that, as determined by the
Secretary concerned--
``(A) has unique military design, construction, manning, or
operating requirements; and
``(B) cannot fully comply with the discharge requirements
of Annex V to the Convention because compliance is not
technologically feasible or would impair the operations or
operational capability of the ship.
``(3)(A) Notwithstanding any provision of the MARPOL Protocol, the
requirements of Annex V to the Convention shall apply to all ships
referred to in subsection (a) other than those described in paragraph
(2).
``(B) A ship that is described in paragraph (2) shall limit the
discharge into the sea of garbage as follows:
``(i) The discharge into the sea of plastics, including
synthetic ropes, synthetic fishing nets, plastic garbage bags,
and incinerator ashes from plastic products that may contain
toxic chemicals or heavy metals, or the residues thereof, is
prohibited.
``(ii) Garbage consisting of the following material may be
discharged into the sea, subject to subparagraph (C):
``(I) A non-floating slurry of seawater, paper,
cardboard, or food waste that is capable of passing
through a screen with openings no larger than 12
millimeters in diameter.
``(II) Metal and glass that have been shredded and
bagged (in compliance with clause (i)) so as to ensure
negative buoyancy.
``(III) With regard to a submersible, nonplastic
garbage that has been compacted and weighted to ensure
negative buoyancy.
``(IV) Ash from incinerators or other thermal
destruction systems not containing toxic chemicals,
heavy metals, or incompletely burned plastics.
``(C)(i) Garbage described in subparagraph (B)(ii)(I) may not be
discharged within 3 nautical miles of land.
``(ii) Garbage described in subclauses (II), (III), and (IV) of
subparagraph (B)(ii) may not be discharged within 12 nautical miles of
land.
``(D) Notwithstanding subparagraph (C), a ship described in
paragraph (2) that is not equipped with garbage-processing equipment
sufficient to meet the requirements of subparagraph (B)(ii) may
discharge garbage that has not been processed in accordance with
subparagraph (B)(ii) if such discharge occurs as far as practicable
from the nearest land, but in any case not less than--
``(i) 12 nautical miles from the nearest land, in the case
of food wastes and non-floating garbage, including paper
products, cloth, glass, metal, bottles, crockery, and similar
refuse; and
``(ii) 25 nautical miles from the nearest land, in the case
of all other garbage.
``(E) This paragraph shall not apply when discharge of any garbage
is necessary for the purpose of securing the safety of the ship, the
health of the ship's personnel, or saving life at sea.
``(F) This paragraph shall not apply during time of war or a
national emergency declared by the President or Congress.''.
(b) Conforming Amendments.--Section 3(f) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902(f)) is amended--
(1) in paragraph (1), by striking ``Annex V to the
Convention on or before the dates referred to in subsections
(b)(2)(A) and (c)(1)'' and inserting ``subsection (b)''; and
(2) in paragraph (2), by inserting ``and subsection
(b)(3)(B)(i) of this section'' after ``Annex V to the
Convention''.
SEC. 316. CONSIDERATION OF ENERGY SECURITY AND RELIABILITY IN
DEVELOPMENT AND IMPLEMENTATION OF ENERGY PERFORMANCE
GOALS.
Section 2911(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(12) Opportunities to enhance energy security and
reliability of defense facilities and missions, including
through the ability to operate for extended periods off-
grid.''.
SEC. 317. INSTALLATION ENERGY METERING REQUIREMENTS.
The Secretary of Defense shall, to the maximum extent practicable,
require that the information generated by the installation energy
meters be captured and tracked to determine baseline energy consumption
and facilitate efforts to reduce energy consumption.
SEC. 318. TRAINING POLICY FOR DEPARTMENT OF DEFENSE ENERGY MANAGERS.
(a) Establishment of Training Policy.--The Secretary of Defense
shall establish a training policy for Department of Defense energy
managers designated for military installations in order to--
(1) improve the knowledge, skills, and abilities of energy
managers by ensuring understanding of existing energy laws,
regulations, mandates, contracting options, local renewable
portfolio standards, current renewable energy technology
options, energy auditing, and options to reduce energy
consumption;
(2) improve consistency among energy managers throughout
the Department in the performance of their responsibilities;
(3) create opportunities and forums for energy managers to
exchange ideas and lessons learned within each military
department, as well as across the Department of Defense; and
(4) collaborate with the Department of Energy regarding
energy manager training.
(b) Issuance of Policy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue the
training policy for Department of Defense energy managers.
(c) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, or designated
representatives of the Secretary, shall brief the Committees on Armed
Services of the Senate and House of Representatives regarding the
details of the energy manager policy.
Subtitle C--Workplace and Depot Issues
SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
Section 2476 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``Each fiscal year, the
Secretary of a military department shall invest'' and inserting
``Each fiscal year, it shall be the objective of the Secretary
of a military department to invest'';
(2) in subsection (b)--
(A) by striking ``includes investment funds spent
on depot infrastructure, equipment, and process
improvement in direct support'' and inserting
``includes investment funds spent to modernize or
improve the efficiency of depot facilities, equipment,
work environment, or processes in direct support''; and
(B) by adding at the end the following: ``It does
not include funds spent for any other repair or
activity to maintain or sustain existing facilities,
infrastructure, or equipment.'';
(3) in subsection (d)--
(A) by striking ``(1) Not later than'' and
inserting ``Not later than'';
(B) by striking ``summarizing the level of capital
investment for each military department'' and inserting
``summarizing the level of capital investment in the
military departments''; and
(C) by striking paragraph (2); and
(4) in subsection (e)(1), by adding at the end the
following new subparagraphs:
``(I) Crane Ammunition Activity, Indiana.
``(J) McAlester Ammunition Plant, Oklahoma.
``(K) Radford Ammunition Plant, Virginia.
``(L) Lake City Ammunition Plant, Missouri.
``(M) Holsten Ammunition Plant, Tennessee.
``(N) Scranton Ammunition Plant, Pennsylvania.
``(O) Iowa Ammunition Plant, Iowa.
``(P) Milan Ammunition Plant, Tennessee.
``(Q) Joint System Manufacturing Center, Lima
Ohio.''.
SEC. 322. LIMITATION ON REVISING THE DEFINITION OF DEPOT-LEVEL
MAINTENANCE.
(a) Limitation.--The Secretary of Defense or any of the Secretaries
of the military departments may not issue guidance, regulations,
policy, or revisions to any Department of Defense or service
instructions containing a revision to the definition of depot-level
maintenance unless the Secretary submits to the congressional defense
committees the report described in subsection (b).
(b) Report.--The report referred to in subsection (a) is a report
prepared by the Defense Business Board regarding the advisability of
establishing a single definition of depot-level maintenance, taking
into consideration--
(1) the total industrial capacity, both in the private
sector industry and in the depots;
(2) the importance of establishing requirements and
allocating workload on the basis of sound business case
analyses; and
(3) establishing transparency and accountability in the
development of the core workload requirements and in the
allocation of workload under the requirements in section 2466
of title 10, United States Code.
SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS CENTERS OF
INDUSTRIAL AND TECHNICAL EXCELLENCE.
Section 2474(a)(1) of title 10, United States Code, is amended by
inserting ``and may designate any military industrial facility'' after
``shall designate each depot-level activity''.
SEC. 324. REPORTS ON DEPOT-RELATED ACTIVITIES.
(a) Report on Depot-level Maintenance and Recapitalization of
Certain Parts and Equipment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense in
consultation with the military departments, shall submit to the
congressional defense committees a report on the status of the
Drawdown, Retrograde and Reset Program for the equipment used
in support of operations in Iraq and Afghanistan and the status
of the overall supply chain management for depot-level
activities.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) An assessment of the number of backlogged parts
for critical warfighter needs, an explanation of why
those parts became backlogged, and an estimate of when
the backlog is likely to be fully addressed.
(B) A review of critical warfighter requirements
that are being impacted by a lack of supplies and parts
and an explanation of steps that the Director plans to
take to meet the demand requirements of the military
departments.
(C) An assessment of the feasibility and
advisability of working with outside commercial
partners to utilize flexible and efficient turn-key
rapid production systems to meet rapidly emerging
warfighter requirements.
(D) A review of plans to further consolidate the
ordering and stocking of parts and supplies from the
military departments at depots under the control of the
Defense Logistics Agency.
(3) Flexible and efficient turn-key rapid production
systems defined.--For the purposes of this subsection, flexible
and efficient turn-key rapid production systems are systems
that have demonstrated the capability to reduce the costs of
parts, improve manufacturing efficiency, and have the following
unique features:
(A) Virtual and flexible.--Systems that provide for
flexibility to rapidly respond to requests for low-
volume or high-volume machined parts and surge demand
by accessing the full capacity of small- and medium-
sized manufacturing communities in the United States.
(B) Speed to market.--Systems that provide for
flexibility that allows rapid introduction of
subassemblies for new parts and weapons systems to the
warfighter.
(C) Risk management.--Systems that provide for the
electronic archiving and updating of turn-key rapid
production packages to provide insurance to the
Department of Defense that parts will be available if
there is a supply chain disruption.
(b) Report on the Alignment, Organizational Reporting, and
Performance Rating of Air Force System Program Managers, Sustainment
Program Managers, and Product Support Managers at Air Logistics Centers
or Air Logistics Complexes.--
(1) Report required.--The Secretary of the Air Force shall
enter into an agreement with a federally funded research and
development center to submit to the congressional defense
committees, not later than 180 days after the date of the
enactment of this Act, a report on the alignment,
organizational reporting, and performance rating of Air Force
system program managers, sustainment program managers, and
product support managers at Air Logistics Centers or Air
Logistics Complexes.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) Consideration of the proposed reorganization of
Air Force Materiel Command announced on November 2,
2011.
(B) An assessment of how various alternatives for
aligning the managers described in subsection (a)
within Air Force Materiel Command would likely support
and impact life cycle management, weapon system
sustainment, and overall support to the warfighter.
(C) With respect to the alignment of the managers
described in subsection (A), an examination of how the
Air Force should be organized to best conduct life
cycle management and weapon system sustainment, with
any analysis of cost and savings factors subject to the
consideration of overall readiness.
(D) Recommended alternatives for meeting these
objectives.
(3) Cooperation of secretary of air force.--The Secretary
of the Air Force shall provide any necessary information and
background materials necessary for completion of the report
required under paragraph (1).
Subtitle D--Reports
SEC. 331. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE.
(a) Study.--
(1) In general.--The Secretary of the Air Force shall
conduct a study on the ability of the major air test and
training range infrastructure, including major military
operating area airspace and special use airspace, to support
the full spectrum of Air Force operations. The Secretary shall
incorporate the results of the study into a master plan for
requirements and proposed investments to meet Air Force
training and test needs through 2025. The study and the master
plan shall be known as the ``2025 Air Test and Training Range
Enhancement Plan''.
(2) Consultation.--The Secretary of the Air Force shall, in
conducting the study required under paragraph (1), consult with
the Secretaries of the other military departments to determine
opportunities for joint use and training of the ranges, and to
assess the requirements needed to support combined arms
training on the ranges. The Secretary shall also consult with
the Department of the Interior, the Department of Agriculture,
the Federal Aviation Administration, the Federal Energy
Regulation Commission, and the Department of Energy to assess
the need for transfers of administrative control of certain
parcels of airspace and land to the Department of Defense to
protect the missions and control of the ranges.
(3) Continuation of range infrastructure improvements.--The
Secretary of the Air Force may proceed with all ongoing and
scheduled range infrastructure improvements while conducting
the study required under paragraph (1).
(b) Reports.--
(1) In general.--The Secretary of the Air Force shall
submit to the congressional defense committees an interim
report and a final report on the plan to meet the requirements
under subsection (a) not later than one year and two years,
respectively, after the date of the enactment of this Act.
(2) Content.--The plan submitted under paragraph (1)
shall--
(A) document the current condition and adequacy of
the major Air Force test and training range
infrastructure in the United States to meet test and
training requirements;
(B) identify potential areas of concern for
maintaining the physical safety, security, and current
operating environment of such infrastructure;
(C) identify potential issues and threats related
to the sustainability of the test and training
infrastructure, including electromagnetic spectrum
encroachment, overall bandwidth availability, and
protection of classified information;
(D) assess coordination among ranges and local,
state, regional, and Federal entities involved in land
use planning, and develop recommendations on how to
improve communication and coordination of such
entities;
(E) propose remedies and actions to manage economic
development on private lands on or surrounding the test
and training infrastructure to preserve current
capabilities;
(F) identify critical parcels of land not currently
under the control of the Air Force for acquisition of
deed or restrictive easements in order to protect
current operations, access and egress corridors, and
range boundaries, or to expand the capability of the
air test and training ranges;
(G) identify which parcels identified pursuant to
subparagraph (F) could, through the acquisition of
conservation easements, serve military interests while
also preserving recreational access to public and
private lands, protecting wildlife habitat, or
preserving opportunities for energy development and
energy transmission;
(H) prioritize improvements and modernization of
the facilities, equipment, and technology supporting
the infrastructure in order to provide a test and
training environment that accurately simulates and or
portrays the full spectrum of threats and targets of
likely United States adversaries in 2025;
(I) incorporate emerging requirements generated by
requirements for virtual training and new weapon
systems, including the F-22, the F-35, space and cyber
systems, and Remotely Piloted Aircraft;
(J) assess the value of State and local legislative
initiatives to protect Air Force test and training
range infrastructure;
(K) identify parcels with no value to future
military operations;
(L) propose a list of prioritized projects,
easements, acquisitions, or other actions, including
estimated costs required to upgrade the test and
training range infrastructure, taking into
consideration the criteria set forth in this paragraph;
and
(M) explore opportunities to increase foreign
military training with United States allies at test and
training ranges in the continental United States.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex as necessary.
(4) Rule of construction.--The reports submitted under this
section shall not be construed as meeting the requirements of
section 2815(d) of the Military Construction Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852).
SEC. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL OPERATIONS
FORCES.
(a) Study.--
(1) In general.--The Commander of the United States Special
Operations Command shall conduct a study on the ability of
existing training ranges used by special operations forces,
including military operating area airspace and special use
airspace, to support the full spectrum of missions and
operations assigned to special operations forces.
(2) Consultation.--The Commander shall, in conducting the
study required under paragraph (1), consult with the
Secretaries of the military departments, the Office of the
Secretary of Defense, and the Joint Staff on--
(A) procedures and priorities for joint use and
training on ranges operated by the military services,
and to assess the requirements needed to support
combined arms training on the ranges; and
(B) requirements and proposed investments to meet
special operations training requirements through 2025.
(b) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander shall submit to the
congressional defense committees a report on the plan to meet
the requirements under subsection (a).
(2) Content.--The study submitted under paragraph (1)
shall--
(A) assess the current condition and adequacy of,
and access to, all existing training ranges in the
United States used by special operations forces;
(B) identify potential areas of concern for
maintaining the physical safety, security, and current
operating environment of ranges used by special
operations forces;
(C) identify issues and challenges related to the
availability and sustainability of the existing
training ranges used by special operations forces,
including support of a full spectrum of operations and
protection of classified missions and tactics;
(D) assess coordination among ranges and local,
State, regional, and Federal entities involved in land
use planning and the protection of ranges from
encroachment;
(E) propose remedies and actions to ensure
consistent and prioritized access to existing ranges;
(F) prioritize improvements and modernization of
the facilities, equipment, and technology supporting
the ranges in order to adequately simulate the full
spectrum of threats and contingencies for special
operations forces; and
(G) propose a list of prioritized projects,
easements, acquisitions, or other actions, including
estimated costs required to upgrade training range
infrastructure.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex as necessary.
SEC. 333. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE AND
EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS TO ACHIEVE COST
SAVINGS.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall conduct a survey of the quantity
and condition of each class of non-tactical wheeled vehicles and base-
level commercial equipment in the fleets of the military departments
and report to the congressional defense committees on the advisability
of establishing service life extension programs for such classes of
vehicles.
SEC. 334. MODIFIED DEADLINE FOR ANNUAL REPORT ON BUDGET SHORTFALLS FOR
IMPLEMENTATION OF OPERATIONAL ENERGY STRATEGY.
Section 138c(e)(4) of title 10, United States Code, as transferred
and redesignated by section 901(b)(7) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4320), is amended--
(1) by striking ``10 days after the date on which the
budget for a fiscal year is submitted pursuant to section 1105
of title 31'' and inserting ``March 31 each year, beginning
March 31, 2012''; and
(2) by striking ``for that fiscal year'' and inserting
``for the fiscal year beginning in that calendar year''.
Subtitle E--Other Matters
SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO
ENTER INTO COOPERATIVE AGREEMENTS WITH NON-ARMY ENTITIES.
(a) Extension of Authority.--Section 4544 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``enter into not more
than eight contracts or cooperative agreements'' and all that
follows through the period at the end and inserting ``enter
into not more than 15 contracts or cooperative agreements in
any fiscal year.''; and
(2) in subsection (k), by striking ``September 30, 2014''
and inserting ``September 30, 2025''.
(b) Approval Authority.--Subsection (f) of such section is amended
by striking ``exercised at the level of the commander of the major
subordinate command'' and all that follows through ``The commander may
approve'' and inserting ``exercised at the level of the Commander of
Army Materiel Command. The Commander may approve''.
SEC. 342. WORKING-CAPITAL FUND ACCOUNTING.
Section 2208(k) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) All capital assets financed by a working-capital fund and
subject to paragraph (2) shall be capitalized and depreciated for
budgeting, rate setting, and financial accounting purposes.
Procurements not subject to paragraph (2) shall be immediately expensed
and shall not be capitalized or depreciated in financial accounting
records or reported on financial statements as an asset.''.
SEC. 343. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS
AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS,
AND FIRED CARTRIDGE CASES.
Section 346 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4191; 10 U.S.C.
2576 note) is amended to read as follows:
``SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS
AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS,
AND FIRED CARTRIDGE CASES.
``(a) Commercial Sale of Small Arms Ammunition, Small Ammunition
Components, and Fired Cartridge Cases.--Small arms ammunition and small
ammunition components which are in excess of military requirements, and
intact fired small arms cartridge cases shall be made available for
commercial sale. Such small arms ammunition, small arms ammunition
components, and intact fired cartridge cases shall not be
demilitarized, destroyed, or disposed of, unless in excess of
commercial demands or certified by the Secretary of Defense as
unserviceable or unsafe. This provision shall not apply to ammunition,
ammunition components, or fired cartridge cases stored or expended
outside the continental United States (OCONUS).
``(b) Deadline for Guidance.--Not later than 90 days after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2012, the Secretary of Defense shall issue guidance to ensure
compliance with subsection (a). Not later than 15 days after issuing
such guidance, the Secretary shall submit to the congressional defense
committees a letter of compliance providing notice of such guidance.
``(c) Preference.--No small arms ammunition or small arms
ammunition components in excess of military requirements, or fired
small arms cartridge cases may be made available for commercial sale
under this section before such ammunition and ammunition components are
offered for transfer or purchase, as authorized by law, to another
Federal department or agency or for sale to State and local law
enforcement, firefighting, homeland security, and emergency management
agencies pursuant to section 2576 of title 10, United States Code, as
amended by this Act.
``(d) Sales Controls.--All small arms ammunition and small arms
ammunition components, and fired small arms cartridge cases made
available for commercial sale under this section shall be subject to
all explosives safety and trade security controls in effect at the time
of sale.
``(e) Definitions.--In this section:
``(1) Small arms ammunition.--The term `small arms
ammunition' means ammunition or ordnance for firearms up to and
including .50 caliber and for shotguns.
``(2) Small arms ammunition components.--The term `small
arms ammunition components' means components, parts,
accessories, and attachments associated with small arms
ammunition.
``(3) Fired cartridge cases.--The term `fired cartridge
cases' means expended small arms cartridge cases (ESACC).''.
SEC. 344. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS TO STUDY OPTIONS
FOR MITIGATING ADVERSE EFFECTS OF PROPOSED OBSTRUCTIONS
ON MILITARY INSTALLATIONS.
Section 358(g) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4201; 10 U.S.C.
44718 note) is amended by amending the second sentence to read as
follows: ``Amounts so accepted shall be and will remain available until
expended for the purpose of offsetting the cost of measures undertaken
by the Secretary of Defense to mitigate adverse impacts of such project
on military operations and readiness and the cost of studying options
for mitigating such adverse impacts.''.
SEC. 345. UTILITY DISRUPTIONS TO MILITARY INSTALLATIONS.
(a) Policy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop guidance
for commanders of military installations inside the United States on
planning measures to minimize the effects in the event of a disruption
of services by a utility that sells natural gas, water, or electric
energy to a military installation in the United States.
(b) Installation Plans.--The guidance developed pursuant to
subsection (a) shall require that, subject to such exceptions as the
Secretary may determine to be appropriate, commanders of military
installations inside the United States develop appropriate action plans
to minimize the effects of events described in subsection (a).
(c) Comptroller General Report.--Not later than 2 years after the
date of the enactment of this Act, the Comptroller General of the
United States shall review the actions taken pursuant to this section
and submit to Congress a report on the guidance developed pursuant to
subsection (a), the plans developed pursuant to subsection (b), and any
additional measures that may be needed to minimize the effects of an
unplanned disruption of services by utilities as described in
subsection (a).
SEC. 346. ELIGIBILITY OF ACTIVE AND RESERVE MEMBERS, RETIREES, GRAY
AREA RETIREES, AND DEPENDENTS FOR SPACE-AVAILABLE TRAVEL
ON MILITARY AIRCRAFT.
(a) In General.--Chapter 157 of title 10, United States Code, is
amended by inserting after section 2641b the following new section:
``Sec. 2641c. Space-available travel on department of defense aircraft:
eligibility
``(a) Authority To Establish Benefit Program.--The Secretary of
Defense may establish a program to provide transportation on Department
of Defense aircraft on a space-available basis. The program shall be
conducted in a budget neutral manner.
``(b) Benefit.--If the Secretary establishes such a program, the
Secretary shall, subject to section (c), provide the benefit equally to
the following individuals:
``(1) Active duty members and members of the Selected
Reserve holding a valid Uniformed Services Identification and
Privilege Card.
``(2) A retired member of an active or reserve component,
including retired members of reserve components, who, but for
being under the eligibility age applicable to the member under
section 12731 of this title, would be eligible for retired pay
under chapter 1223 of this title.
``(3) An unremarried widow or widower of an active or
reserve component member of the armed forces.
``(4) A dependent that--
``(A)(i) is the child of an active or reserve
component member or former member described in
paragraph (1) or (2); or
``(ii) is the child of a deceased member entitled
to retired pay holding a valid Uniformed Services
Identification and Privilege Card and a surviving
unremarried spouse; and
``(B) is accompanying the member or, in the case of
a deceased member, is the surviving unremarried spouse
of the deceased member or is a dependent accompanying
the surviving unremarried spouse of the deceased
member.
``(5) The surviving dependent of a deceased member or
former member described in paragraph (2) holding a valid
Uniformed Services Identification and Privilege Card, if the
dependent is accompanying the member or, in the case of a
deceased member, is the surviving unremarried spouse of the
deceased member or is a dependent accompanying the surviving
unremarried spouse of the deceased member.
``(6) Other such individuals as determined by the Secretary
in the Secretary's discretion.
``(c) Discretion To Establish Priority Order.--The Secretary, in
establishing a program under this section, may establish an order of
priority that is based on considerations of military needs and military
readiness.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2641b the following new item:
``2641c. Space-available travel on Department of Defense aircraft:
eligibility.''.
(c) Requirement for Comptroller General Review.--
(1) In general.--The Comptroller General of the United
States shall conduct a review of the Department of Defense
system for space-available travel. The review shall determine
the capacity of the system presently and as projected in the
future and shall examine the efficiency and usage of space-
available travel.
(2) Elements.--The review required under paragraph (1)
shall include the following elements:
(A) A discussion of the efficiency of the system
and data regarding usage of available space by category
of passengers under existing regulations.
(B) Estimates of the effect on availability based
on future projections.
(C) A discussion of the logistical and managements
problems, including congestion at terminals, waiting
times, lodging availability, and personal hardships
currently experienced by travelers.
(D) An evaluation of the cost of the system and
whether space-available travel is and can remain cost-
neutral.
(E) Other factors relating to the efficiency and
cost effectiveness of space available travel.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2012, as follows:
(1) The Army, 562,000.
(2) The Navy, 325,700.
(3) The Marine Corps, 202,100.
(4) The Air Force, 332,800.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2012, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,200.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 71,400.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2012, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,261.
(3) The Navy Reserve, 10,688.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,584.
(6) The Air Force Reserve, 2,992.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2012 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States,
27,210.
(3) For the Air Force Reserve, 10,720.
(4) For the Air National Guard of the United States,
22,394.
SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2012, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United
States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2012, may not exceed 595.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2012, may not exceed 90.
(b) Non-dual Status Technicians Defined.--In this section, the term
``non-dual status technician'' has the meaning given that term in
section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2012, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for military personnel for fiscal year 2012 a total of
$142,347,648,000.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2012.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON
ACTIVE DUTY.
Section 523(a)(1) of title 10, United States Code, is amended by
striking those parts of the table pertaining to the Marine Corps and
inserting the following:
``Marine Corps:..................
10,000......................... 2,802 1,615 633
12,500......................... 3,247 1,768 658
15,000......................... 3,691 1,922 684
17,500......................... 4,135 2,076 710
20,000......................... 4,579 2,230 736
22,500......................... 5,024 2,383 762
25,000......................... 5,468 2,537 787''.
SEC. 502. VOLUNTARY RETIREMENT INCENTIVE.
(a) In General.--Chapter 36 of title 10, United States Code, is
amended by inserting after section 638a the following new section:
``Sec. 638b. Voluntary retirement incentive
``(a) Incentive for Voluntary Retirement for Certain Officers.--The
Secretary of Defense may authorize the Secretary of a military
department to provide a voluntary retirement incentive payment in
accordance with this section to an officer of the armed forces under
that Secretary's jurisdiction who is specified in subsection (b) as
being eligible for such a payment. Any such authority provided the
Secretary of a military department under the preceding sentence shall
expire as specified by the Secretary of Defense, but not later than
December 31, 2018.
``(b) Eligible Officers.--(1) Except as provided in paragraph (2),
an officer of the armed forces is eligible for a voluntary retirement
incentive payment under this section if the officer--
``(A) has served on active duty for more than 20 years, but
not more than 29 years, on the approved date of retirement;
``(B) meets the minimum length of commissioned service
requirement for voluntary retirement as a commissioned officer
in accordance with section 3911, 6323, or 8911 of this title,
as applicable to that officer;
``(C) on the approved date of retirement, has 12 months or
more remaining on active-duty service before reaching the
maximum retirement years of active service for the member's
grade as specified in section 633 or 634 of this title;
``(D) on the approved date of retirement, has 12 months or
more remaining on active-duty service before reaching the
maximum retirement age under any other provision of law; and
``(E) meets any additional requirements for such
eligibility as is specified by the Secretary concerned,
including any requirement relating to years of service, skill
rating, military specialty or competitive category, grade, any
remaining period of obligated service, or any combination
thereof.
``(2) The following officers are not eligible for a voluntary
retirement incentive payment under this section:
``(A) An officer being evaluated for disability under
chapter 61 of this title.
``(B) An officer projected to be retired under section 1201
or 1204 of this title.
``(C) An officer projected to be discharged with disability
severance pay under section 1212 of this title.
``(D) A member transferred to the temporary disability
retired list under section 1202 or 1205 of this title.
``(E) An officer subject to pending disciplinary action or
subject to administrative separation or mandatory discharge
under any other provision of law or regulation.
``(c) Amount of Payment.--The amount of the voluntary retirement
incentive payment paid an officer under this section shall be an amount
determined by the Secretary concerned, but not to exceed an amount
equal to 12 times the amount of the officer's monthly basic pay at the
time of the officer's retirement. The amount may be paid in a lump sum
at the time of retirement.
``(d) Repayment for Members Who Return to Active Duty.--(1) Except
as provided in paragraph (2), a member of the armed forces who, after
having received all or part of a voluntary retirement incentive under
this section, returns to active duty shall have deducted from each
payment of basic pay, in such schedule of monthly installments as the
Secretary concerned shall specify, until the total amount deducted from
such basic pay equals the total amount of voluntary retirement
incentive received.
``(2) Members who are involuntarily recalled to active duty or
full-time National Guard duty under any provision of law shall not be
subject to this subsection.
``(3) The Secretary of Defense may waive, in whole or in part,
repayment required under paragraph (1) if the Secretary determines that
recovery would be against equity and good conscience or would be
contrary to the best interest of the United States. The authority in
this paragraph may be delegated only to the Under Secretary of Defense
for Personnel and Readiness and the Principal Deputy Under Secretary of
Defense of Personnel and Readiness.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter IV of chapter 36 of such title is amended by inserting after
the item relating to section 638a the following new item:
``638b. Voluntary retirement incentive.''.
SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.
(a) Waiver Authority for Officers Not Designated as Joint Qualified
Officers.--Subsection (b) of section 663 of title 10, United States
Code, is amended--
(1) in paragraph (1), by inserting after ``to a joint duty
assignment'' the following: ``(or, as authorized by the
Secretary in an individual case, to a joint assignment other
than a joint duty assignment)''; and
(2) in paragraph (2)--
(A) by striking ``the joint duty assignment'' and
inserting ``the assignment''; and
(B) by striking ``a joint duty assignment'' and
inserting ``such an assignment''.
(b) Exception.--Such section is further amended by adding at the
end the following new subsection:
``(d) Exception for Officers Graduating From Other-than-in-
residence Programs.--(1) Subsection (a) does not apply to an officer
graduating from a school within the National Defense University
specified in subsection (c) following pursuit of a program on an other-
than-in-residence basis.
``(2) Subsection (b) does not apply with respect to any group of
officers graduating from a school within the National Defense
University specified in subsection (c) following pursuit of a program
on an other-than-in-residence basis.''.
SEC. 504. MODIFICATION OF DEFINITION OF ``JOINT DUTY ASSIGNMENT'' TO
INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT TRAINING AND
EDUCATION.
Section 668(b)(1)(B) of title 10, United States Code, is amended by
striking ``assignments for joint'' and all that follows through ``Phase
II'' and inserting ``student assignments for joint training and
education''.
Subtitle B--Reserve Component Management
SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF MEMBERS OF THE SELECTED
RESERVE AND CERTAIN MEMBERS OF THE INDIVIDUAL READY
RESERVE FOR PREPLANNED MISSIONS.
(a) Authority.--
(1) In general.--Chapter 1209 of title 10, United States
Code, is amended by inserting after section 12304 the following
new section:
``Sec. 12304a. Selected Reserve and certain Individual Ready Reserve
members: order to active duty for preplanned missions
``(a) Authority.--When the Secretary of a military department
determines that it is necessary to augment the active forces for a
preplanned mission, the Secretary may, subject to subsection (b), order
any unit, and any member not assigned to a unit organized to serve as a
unit, of the Selected Reserve (as defined in section 10143(a) of this
title), or any member in the Individual Ready Reserve mobilization
category and designated as essential under regulations prescribed by
the Secretary, under the jurisdiction of the Secretary, without the
consent of the members, to active duty for not more than 365
consecutive days.
``(b) Limitations.--(1) Units or members may be ordered to active
duty under this section only if--
``(A) the manpower and associated costs of such active duty
are specifically included and identified in the defense budget
materials for the fiscal year or years in which such units or
members are anticipated to be ordered to active duty; and
``(B) the budget information on such costs includes a
description of the mission for which such units or members are
anticipated to be ordered to active duty and the anticipated
length of time of the order of such units or members to active
duty on an involuntary basis.
``(2) Not more than 60,000 members of the reserve components of the
armed forces may be on active duty under this section at any one time.
``(c) Exclusion From Strength Limitations.--Members ordered to
active duty under this section shall not be counted in computing
authorized strength in members on active duty or total number of
members in grade under this title or any other law.
``(d) Notice to Congress.--Whenever the Secretary of a military
department orders any unit or member of the Selected Reserve or
Individual Ready Reserve to active duty under subsection (a), such
Secretary shall submit to Congress a report, in writing, setting forth
the circumstances necessitating the action taken under this section and
describing the anticipated use of such units or members.
``(e) Termination of Duty.--Whenever any unit of the Selected
Reserve or any member of the Selected Reserve not assigned to a unit
organized to serve as a unit, or any member of the Individual Ready
Reserve, is ordered to active duty under subsection (a), the service of
all units or members so ordered to active duty may be terminated by--
``(1) order of the Secretary of the military department
concerned, or
``(2) law.
``(f) Relationship to War Powers Resolution.--Nothing contained in
this section shall be construed as amending or limiting the application
of the provisions of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
``(g) Considerations for Involuntary Order to Active Duty.--In
determining which members of the Selected Reserve and the Individual
Ready Reserve will be ordered to duty without their consent under this
section, appropriate consideration shall be given to--
``(1) the length and nature of previous service, to assure
such sharing of exposure to hazards as the national security
and military requirements will reasonably allow;
``(2) the frequency of assignments during service career;
``(3) family responsibilities; and
``(4) employment necessary to maintain the national health,
safety, or interest.
``(h) Policies and Procedures.--The Secretaries of the military
departments shall prescribe policies and procedures to carry out this
section, including on determinations of orders to active duty under
subsection (g). Such policies and procedures shall not go into effect
until approved by the Secretary of Defense.
``(i) Definitions.--In this section:
``(1) The term `defense budget materials' has the meaning
given that term in section 231(d)(2) of this title.
``(2) The term `Individual Ready Reserve mobilization
category' means, in the case of any reserve component, the
category of the Individual Ready Reserve described in section
10144(b) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1209 of such title is amended by inserting
after the item relating to section 12304 the following new
item:
``12304a. Selected Reserve and certain Individual Ready Reserve
members: order to active duty for
preplanned missions.''.
(b) Clarifying Amendments Relating to Authority To Order Active
Duty Other Than During War or National Emergency.--Section 12304(a) of
such title is amended--
(1) by inserting ``named'' before ``operational mission'';
and
(2) by striking ``365 days'' and inserting ``365
consecutive days''.
SEC. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION
FOR CERTAIN RESERVE OFFICERS EMPLOYED AS MILITARY
TECHNICIANS (DUAL STATUS).
Section 14301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(i) Certain Reserve Officers.--A reserve officer who is employed
as military technician (dual status) under section 10216 of this title,
and who has been retained beyond the mandatory removal date for years
of service under section 10216(f) or 14702(a)(2) of this title, is not
eligible for consideration for promotion by a mandatory promotion board
convened under section 14101(a) of this title.''.
SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST
BE PROVIDED TO RESERVE COMPONENT MEMBERS BEING
DEMOBILIZED.
Section 1142(a)(3)(B) of title 10, United States Code, is amended
by inserting ``or in the event a member of a reserve component is being
demobilized under circumstances in which (as determined by the
Secretary concerned) operational requirements make the 90-day
requirement under subparagraph (A) unfeasible,'' after ``or separation
date,''.
SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A DISTINCT
PERSONNEL MANAGEMENT CATEGORY.
(a) Independent Study Required.--The Secretary of Defense shall
conduct an independent study of the feasibility and advisability of
terminating the military technician as a distinct personnel management
category of the Department of Defense.
(b) Elements.--In conducting the study required by subsection (a),
the Secretary shall--
(1) identify various options for deploying units of the
Selected Reserve of the Ready Reserve that otherwise use
military technicians through use of a combination of active
duty personnel, reserve component personnel, State civilian
employees, and Federal civilian employees in a manner that
meets mission requirements without harming unit readiness;
(2) identify various means for the management by the
Department of the transition of military technicians to a
system that relies on traditional personnel categories of
active duty personnel, reserve component personnel, and
civilian personnel, and for the management of any effects of
that transition on the pay and benefits of current military
technicians (including means for mitigating or avoiding such
effects in the course of such transition);
(3) determine whether military technicians who are employed
at the commencement of the transition described in paragraph
(2) should remain as technicians, whether with or without a
military status, until separation or retirement, rather than
transitioned to such a traditional personnel category;
(4) identify and take into account the unique needs of the
National Guard in the management and use of military
technicians;
(5) determine potential cost savings, if any, to be
achieved as a result of the transition described in paragraph
(2), including savings in long-term mandatory entitlement costs
associated with military and civil service retirement
obligations;
(6) develop a recommendation on the feasibility and
advisability of terminating the military technician as a
distinct personnel management category, and, if the termination
is determined to be feasible and advisable, develop
recommendations for appropriate legislative and administrative
action to implement the termination;
(7) address any other matter relating to the management and
long-term viability of the military technician as a distinct
personnel management category that the Secretary shall specify
for purposes of the study; and
(8) ensure the involvement and input of military
technicians (dual status).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study required by subsection (a).
The report shall set forth the results of the study, including the
matters specified in subsection (b), and include such comments and
recommendations on the results of the study as the Secretary considers
appropriate.
SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE CORPS
RESERVE, AND AIR FORCE RESERVE TO ACTIVE DUTY TO PROVIDE
ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY.
(a) Authority.--
(1) In general.--Chapter 1209 of title 10, United States
Code, as amended by section 511(a)(1), is further amended by
inserting after section 12304a the following new section:
``Sec. 12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, and
Air Force Reserve: order to active duty to provide
assistance in response to a major disaster or emergency
``(a) Authority.--When a Governor requests Federal assistance in
responding to a major disaster or emergency (as those terms are defined
in section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), the Secretary of Defense may, without
the consent of the member affected, order any unit, and any member not
assigned to a unit organized to serve as a unit, of the Army Reserve,
Navy Reserve, Marine Corps Reserve, and Air Force Reserve to active
duty for a continuous period of not more than 120 days to respond to
the Governor's request.
``(b) Exclusion From Strength Limitations.--Members ordered to
active duty under this section shall not be counted in computing
authorized strength of members on active duty or members in grade under
this title or any other law.
``(c) Termination of Duty.--Whenever any unit or member of the
reserve components is ordered to active duty under this section, the
service of all units or members so ordered to active duty may be
terminated by order of the Secretary of Defense or law.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 511(a)(2), is
further amended by inserting after the item relating to section
12304a the following new item:
``12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force
Reserve: order to active duty to provide
assistance in response to a major disaster
or emergency.''.
(b) Treatment of Operations as Contingency Operations.--Section
101(a)(13)(B) of such title is amended by inserting ``12304b,'' after
``12304,''.
(c) Usual and Customary Arrangement.--
(1) Dual-status commander.--When the Armed Forces and the
National Guard are employed simultaneously in support of civil
authorities in the United States, appointment of a commissioned
officer as a dual-status commander serving on active duty and
duty in, or with, the National Guard of a State under sections
315 or 325 of title 32, United States Code, as commander of
Federal forces by Federal authorities and as commander of State
National Guard forces by State authorities, should be the usual
and customary command and control arrangement, including for
missions involving a major disaster or emergency as those terms
are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain
of command for the Armed Forces shall remain in accordance with
sections 162(b) and 164(c) of title 10, United States Code.
(2) State authorities supported.--When a major disaster or
emergency occurs in any area subject to the laws of any State,
Territory, or the District of Columbia, the Governor of the
State affected normally should be the principal civil authority
supported by the primary Federal agency and its supporting
Federal entities, and the Adjutant General of the State or his
or her subordinate designee normally should be the principal
military authority supported by the dual-status commander when
acting in his or her State capacity.
(3) Rule of construction.--Nothing in paragraphs (1) or (2)
shall be construed to preclude or limit, in any way, the
authorities of the President, the Secretary of Defense, or the
Governor of any State to direct, control, and prescribe command
and control arrangements for forces under their command.
Subtitle C--General Service Authorities
SEC. 521. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE.
(a) Repeal.--Section 436 of title 37, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by striking the item relating to
section 436.
SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS FOR
UNSUITABILITY BASED ON THE SAME MEDICAL CONDITION FOR
WHICH THEY WERE DETERMINED TO BE FIT FOR DUTY.
(a) Prohibition.--Subsection (a) of section 1214a of title 10,
United States Code, is amended by inserting ``, or deny reenlistment of
the member,'' after ``a member described in subsection (b)''.
(b) Conforming Amendment.--Subsection (c)(3) of such section is
amended by inserting ``or denial of reenlistment'' after ``to warrant
administrative separation''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1214a. Members determined fit for duty in Physical Evaluation
Board: prohibition on involuntary administrative
separation or denial of reenlistment due to unsuitability
based on medical conditions considered in evaluation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 61 of such title is amended by striking
the item relating to section 1214a and inserting the following
new item:
``1214a. Members determined fit for duty in Physical Evaluation Board:
prohibition on involuntary administrative
separation or denial of reenlistment due to
unsuitability based on medical conditions
considered in evaluation.''.
SEC. 523. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY
DISCHARGE AUTHORITY.
Section 1171 of title 10, United States Code, is amended by
striking ``within three months'' and inserting ``within one year''.
SEC. 524. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS.
Section 1175a(k)(1) of title 10, United States Code, is amended by
striking ``December 31, 2012'' and inserting ``December 31, 2018''.
SEC. 525. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY WHO ARE TRANSITIONING TO CIVILIAN LIFE.
Section 1143 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Employment Skills Training.--(1) The Secretary of a military
department may carry out one or more programs to provide eligible
members of the armed forces under the jurisdiction of the Secretary
with job training and employment skills training to help prepare such
members for employment in the civilian sector.
``(2) A member of the armed forces is an eligible member for
purposes of a program under this subsection if the member--
``(A) has completed at least 180 days on active duty in the
armed forces; and
``(B) is expected to be discharged or released from active
duty in the armed forces within 180 days of the date of
commencement of participation in such a program.
``(3) Any program under this subsection shall be carried out in
accordance with regulations prescribed by the Secretary of Defense.''.
SEC. 526. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF
SECONDARY SCHOOLS.
(a) Equal Treatment for Secondary School Graduates.--
(1) Equal treatment.--For the purposes of recruitment and
enlistment in the Armed Forces, the Secretary of a military
department shall treat a graduate described in paragraph (2) in
the same manner as a graduate of a secondary school (as defined
in section 9101(38) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(38)).
(2) Covered graduates.--Paragraph (1) applies with respect
to a person who--
(A) receives a diploma from a secondary school that
is legally operating; or
(B) otherwise completes a program of secondary
education in compliance with the education laws of the
State in which the person resides.
(b) Policy on Recruitment and Enlistment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall prescribe a policy on recruitment and enlistment that
incorporates the following:
(1) Means for identifying persons described in subsection
(a)(2) who are qualified for recruitment and enlistment in the
Armed Forces, which may include the use of a noncognitive
aptitude test, adaptive personality assessment, or other
operational attrition screening tool to predict performance,
behaviors, and attitudes of potential recruits that influence
attrition and the ability to adapt to a regimented life in the
Armed Forces.
(2) Means for assessing how qualified persons fulfill their
enlistment obligation.
(3) Means for maintaining data, by each diploma source,
which can be used to analyze attrition rates among qualified
persons.
(c) Recruitment Plan.--As part of the policy required by subsection
(b), the Secretary of each of the military departments shall develop a
recruitment plan that includes a marketing strategy for targeting
various segments of potential recruits with all types of secondary
education credentials.
(d) Communication Plan.--The Secretary of each of the military
departments shall develop a communication plan to ensure that the
policy and recruitment plan are understood by military recruiters.
SEC. 527. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH RESPECT TO
THE PERFORMANCE OF MARRIAGES.
A military chaplain who, as a matter of conscience or moral
principle, does not wish to perform a marriage may not be required to
do so.
Subtitle D--Education and Training
SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY
EDUCATION.
(a) Authority To Credit Military Graduates of the National Defense
Intelligence College With Completion of Joint Professional Military
Education Phase I.--
(1) Joint professional military education phase i.--Section
2154(a)(1) of title 10, United States Code, is amended by
inserting ``or at a joint intermediate level school'' before
the period at the end.
(2) Joint intermediate level school defined.--Section
2151(b) of such title is amended by adding at the end the
following new paragraph:
``(3) The term `joint intermediate level school' includes
the National Defense Intelligence College.''.
(b) Authority for Other-than-in Residence Program Taught Through
Joint Forces Staff College.--
(1) In general.--Section 2154(a)(2) of such title is
amended--
(A) in the matter preceding subparagraph (A), by
striking ``in residence at'';
(B) in subparagraph (A), by inserting ``by'' after
``(A)''; and
(C) in subparagraph (B), by inserting ``in
residence at'' after ``(B)''.
(2) Conforming amendment.--Section 2156(b) of such title is
amended by inserting ``in residence'' after ``course of
instruction offered''.
SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION
PROGRAMS.
(a) Medical Students of USUHS.--Section 2114(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``Each medical student
shall be appointed as a regular officer in the grade of second
lieutenant or ensign. An officer so appointed may, upon meeting
such criteria for promotion as may be prescribed by the
Secretary concerned, be appointed in the regular grade of first
lieutenant or lieutenant (junior grade). Medical students
commissioned under this section shall serve on active duty in
their respective grades.''; and
(2) in paragraph (2), by striking ``grade of second
lieutenant or ensign'' and inserting ``grade in which the
member is serving under paragraph (1)''.
(b) Participants in Health Professions Scholarship and Financial
Assistance Program.--Section 2121(c) of such title is amended--
(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``Each person so
commissioned shall be appointed as a reserve officer in the
grade of second lieutenant or ensign. An officer so appointed
may, upon meeting such criteria for promotion as may be
prescribed by the Secretary concerned, be appointed in the
reserve grade of first lieutenant or lieutenant (junior grade).
Medical students commissioned under this section shall serve on
active duty in their respective grades for a period of 45 days
during each year of participation in the program.''; and
(2) in paragraph (2), by striking ``grade of second
lieutenant or ensign'' and inserting ``grade in which the
member is serving under paragraph (1)''.
(c) Officers Detailed as Students at Medical Schools.--Subsection
(e) of section 2004a of such title is amended--
(1) in the subsection heading, by striking ``Appointment
and Treatment of Prior Active Service'' and inserting ``Service
on Active Duty''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) A commissioned officer detailed under subsection (a) shall
serve on active duty, subject to the limitations on grade specified in
section 2114(b)(1) of this title and with the entitlement to basic pay
as specified in section 2114(b)(2) of this title.''.
SEC. 543. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.
(a) Reserve Component Mental Health Student Stipend.--Section 16201
of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Mental Health Professionals in Critical Wartime
Specialties.--(1) Under the stipend program under this chapter, the
Secretary of the military department concerned may enter into an
agreement with a person who--
``(A) is eligible to be appointed as an officer in a
reserve component;
``(B) is enrolled or has been accepted for enrollment in an
institution in a course of study that results in a degree in
clinical psychology or social work;
``(C) signs an agreement that, unless sooner separated, the
person will--
``(i) complete the educational phase of the
program;
``(ii) accept a reappointment or redesignation
within the person's reserve component, if tendered,
based upon the person's health profession, following
satisfactory completion of the educational and intern
programs; and
``(iii) participate in a residency program if
required for clinical licensure; and
``(D) if required by regulations prescribed by the
Secretary of Defense, agrees to apply for, if eligible, and
accept, if offered, residency training in a health profession
skill that has been designated by the Secretary as a critically
needed wartime skill.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in the amount
determined under subsection (g), for the period or the
remainder of the period that the student is satisfactorily
progressing toward a degree in clinical psychology or social
work while enrolled in a school accredited in the designated
mental health discipline;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to active
duty in time of war or national emergency as provided by law
for members of the Ready Reserve; and
``(D) the participant shall agree to serve, upon successful
completion of the program, one year in the Ready Reserve for
each six months, or part thereof, for which the stipend is
provided, to be served in the Selected Reserve or in the
Individual Ready Reserve as specified in the agreement.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A), by
striking ``subsection (f)'' and inserting ``subsection (g)'';
and
(2) in subsection (g), as redesignated by subsection (a)(1)
of this section, by striking ``subsection (b) or (c)'' and
inserting ``subsection (b), (c), or (f)''.
SEC. 544. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR INJURED
FORMER OR RETIRED ENLISTED MEMBERS OF THE ARMED FORCES IN
ASSOCIATE DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE
AIR FORCE IN ORDER TO COMPLETE DEGREE PROGRAM.
(a) In General.--Section 9315 of title 10, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Seriously Wounded, Ill, or Injured Former and Retired
Enlisted Members.--(1) The Secretary of the Air Force may authorize
participation in a program of higher education under subsection (a)(1)
by a person who is a former or retired enlisted member of the armed
forces who at the time of the person's separation from active duty--
``(A) had commenced but had not completed a program of
higher education under subsection (a)(1); and
``(B) is categorized by the Secretary concerned as
seriously wounded, ill, or injured.
``(2) A person may not be authorized under paragraph (1) to
participate in a program of higher education after the end of the 10-
year period beginning on the date of the person's separation from
active duty.''.
(b) Conforming Amendments.--Subsection (d) of such section, as
redesignated by subsection (a)(1), is amended by striking ``enlisted
member'' both places it appears and inserting ``person''.
(c) Effective Date.--Subsection (c) of section 9315 of title 10,
United States Code (as added by subsection (a)(2)), shall apply to
persons covered by paragraph (1) of such subsection who are categorized
by the Secretary concerned as seriously wounded, ill, or injured after
September 11, 2001. With respect to any such person who is separated
from active duty during the period beginning on September 12, 2001, and
ending on the date of the enactment of this Act, the 10-year period
specified in paragraph (2) of such subsection shall be deemed to
commence on the date of the enactment of this Act.
SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE ARMS,
TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS NOT
MAINTAINING UNITS OF JUNIOR ROTC.
(a) Consolidation.--Chapter 152 of title 10, United States Code, is
amended by inserting after section 2552 the following new section:
``Sec. 2552a. Arms, tentage, and equipment: educational institutions
not maintaining units of Junior R.O.T.C.
``The Secretary of a military department may issue arms, tentage,
and equipment to an educational institution at which no unit of the
Junior Reserve Officers' Training Corps is maintained if the
educational institution--
``(1) offers a course in military training prescribed by
that Secretary; and
``(2) has a student body of at least 100 physically fit
students over 14 years of age.''.
(b) Conforming Repeals.--Sections 4651, 7911, and 9651 of such
title are repealed.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 152
of such title is amended by inserting after the item relating
to section 2552 the following new item:
``2552a. Arms, tentage, and equipment: educational institutions not
maintaining units of Junior R.O.T.C.''.
(2) The table of sections at the beginning of chapter 441
of such title is amended by striking the item relating to
section 4651.
(3) The table of sections at the beginning of chapter 667
of such title is amended by striking the item relating to
section 7911.
(4) The table of sections at the beginning of chapter 941
of such title is amended by striking the item relating to
section 9651.
SEC. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON
ADMISSION TO THE MILITARY SERVICE ACADEMIES.
(a) Waiver for Certain Enlisted Members.--The Secretary of the
military department concerned may waive the maximum age limitation
specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10,
United States Code, for the admission of an enlisted member of the
Armed Forces to the United States Military Academy, the United States
Naval Academy, or the United States Air Force Academy if the member--
(1) satisfies the eligibility requirements for admission to
that academy (other than the maximum age limitation); and
(2) was or is prevented from being admitted to a military
service academy before the member reached the maximum age
specified in such sections as a result of service on active
duty in a theater of operations for Operation Iraqi Freedom,
Operation Enduring Freedom, or Operation New Dawn.
(b) Maximum Age for Receipt of Waiver.--A waiver may not be granted
under this section if the candidate would pass the candidate's twenty-
sixth birthday by July 1 of the year in which the candidate would enter
the military service academy pursuant to the waiver.
(c) Limitation on Number Admitted Using Waiver.--Not more than five
candidates may be admitted to each of the military service academies
for an academic year pursuant to a waiver granted under this section.
(d) Record Keeping Requirement.--The Secretary of each military
department shall maintain records on the number of graduates of the
military service academy under the jurisdiction of the Secretary who
are admitted pursuant to a waiver granted under this section and who
remain in the Armed Forces beyond the active duty service obligation
assumed upon graduation. The Secretary shall compare their retention
rate to the retention rate of graduates of that academy generally.
(e) Reports.--Not later than April 1, 2016, the Secretary of each
military department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report specifying--
(1) the number of applications for waivers received by the
Secretary under this section;
(2) the number of waivers granted by the Secretary under
this section;
(3) the number of candidates actually admitted to the
military service academy under the jurisdiction of the
Secretary pursuant to a waiver granted by the Secretary under
this section; and
(4) beginning with the class of 2009, the number of
graduates of the military service academy under the
jurisdiction of the Secretary who, before admission to that
academy, were enlisted members of the Armed Forces and who
remain in the Armed Forces beyond the active duty service
obligation assumed upon graduation.
(f) Duration of Waiver Authority.--The authority to grant a waiver
under this section expires on September 30, 2016.
SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING FOR SKILLS
REQUIRED FOR MILITARY OCCUPATIONAL SPECIALTIES.
(a) Pilot Program Required.--Commencing not later than nine months
after the date of the enactment of this Act, the Secretary of Defense
shall carry out a pilot program to assess the feasibility and
advisability of permitting enlisted members of the Armed Forces to
obtain civilian credentialing or licensing for skills required for
military occupational specialties (MOS) or qualification for duty
specialty codes.
(b) Elements.--In carrying out the pilot program, the Secretary
shall--
(1) designate not less than three or more than five
military occupational specialities or duty speciality codes for
coverage under the pilot program; and
(2) permit enlisted members of the Armed Forces to obtain
the credentials or licenses required for the specialities or
codes so designated through civilian credentialing or licensing
entities, institutions, or bodies selected by the Secretary for
purposes of the pilot program, whether concurrently with
military training, at the completion of military training, or
both.
(c) Report.--Not later than one year after commencement of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall set forth the following:
(1) The number of enlisted members who participated in the
pilot program.
(2) A description of the costs incurred by the Department
of Defense in connection with the receipt by members of
credentialing or licensing under the pilot program.
(3) A comparison the cost associated with receipt by
members of credentialing or licensing under the pilot program
with the cost of receipt of similar credentialing or licensing
by recently-discharged veterans of the Armed Forces under
programs currently operated by the Department of Veterans
Affairs and the Department of Labor.
(4) The recommendation of the Secretary as to the
feasibility and advisability of expanding the pilot program to
additional military occupational specialties or duty specialty
codes, and, if such expansion is considered feasible and
advisable, a list of the military occupational specialties and
duty specialty codes recommended for inclusion the expansion.
Subtitle E--Military Justice and Legal Matters Generally
SEC. 551. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL ASSAULT, AND
OTHER SEXUAL MISCONDUCT UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) Rape and Sexual Assault Generally.--Section 920 of title 10,
United States Code (article 120 of the Uniform Code of Military
Justice), is amended as follows:
(1) Revised offense of rape.--Subsection (a) is amended to
read as follows:
``(a) Rape.--Any person subject to this chapter who commits a
sexual act upon another person by--
``(1) using unlawful force against that other person;
``(2) using force causing or likely to cause death or
grievous bodily harm to any person;
``(3) threatening or placing that other person in fear that
any person will be subjected to death, grievous bodily harm, or
kidnapping;
``(4) first rendering that other person unconscious; or
``(5) administering to that other person by force or threat
of force, or without the knowledge or consent of that person, a
drug, intoxicant, or other similar substance and thereby
substantially impairing the ability of that other person to
appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may
direct.''.
(2) Repeal of provisions relating to offenses replaced by
new article 120b.--Subsections (b), (d), (f), (g), (i), (j),
and (o) are repealed.
(3) Revised offense of sexual assault.--Subsection (c) is
redesignated as subsection (b) and is amended to read as
follows:
``(b) Sexual Assault.--Any person subject to this chapter who--
``(1) commits a sexual act upon another person by--
``(A) threatening or placing that other person in
fear;
``(B) causing bodily harm to that other person;
``(C) making a fraudulent representation that the
sexual act serves a professional purpose; or
``(D) inducing a belief by any artifice, pretense,
or concealment that the person is another person;
``(2) commits a sexual act upon another person when the
person knows or reasonably should know that the other person is
asleep, unconscious, or otherwise unaware that the sexual act
is occurring; or
``(3) commits a sexual act upon another person when the
other person is incapable of consenting to the sexual act due
to--
``(A) impairment by any drug, intoxicant, or other
similar substance, and that condition is known or
reasonably should be known by the person; or
``(B) a mental disease or defect, or physical
disability, and that condition is known or reasonably
should be known by the person;
is guilty of sexual assault and shall be punished as a court-martial
may direct.''.
(4) Aggravated sexual contact.--Subsection (e) is
redesignated as subsection (c) and is amended--
(A) by striking ``engages in'' and inserting
``commits''; and
(B) by striking ``with'' and inserting ``upon''.
(5) Abusive sexual contact.--Subsection (h) is redesignated
as subsection (d) and is amended--
(A) by striking ``engages in'' and inserting
``commits'';
(B) by striking ``with'' and inserting ``upon'';
and
(C) by striking ``subsection (c) (aggravated sexual
assault)'' and inserting ``subsection (b) (sexual
assault)''.
(6) Repeal of provisions relating to offenses replaced by
new article 120c.--Subsections (k), (l), (m), and (n) are
repealed.
(7) Proof of threat.--Subsection (p) is redesignated as
subsection (e) and is amended--
(A) by striking ``the accused made'' and inserting
``a person made'';
(B) by striking ``the accused actually'' and
inserting ``the person actually''; and
(C) by inserting before the period at the end the
following: ``or had the ability to carry out the
threat''.
(8) Defenses.--Subsection (q) is redesignated as subsection
(f) and is amended to read as follows:
``(f) Defenses.--An accused may raise any applicable defenses
available under this chapter or the Rules for Court-Martial. Marriage
is not a defense for any conduct in issue in any prosecution under this
section.''.
(9) Provisions relating to affirmative defenses.--
Subsections (r) and (s) are repealed.
(10) Definitions.--Subsection (t) is redesignated as
subsection (g) and is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
anus or mouth'' after ``vulva''; and
(ii) in subparagraph (B)--
(I) by striking ``genital opening''
and inserting ``vulva or anus or
mouth,''; and
(II) by striking ``a hand or
finger'' and inserting ``any part of
the body'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Sexual contact.--The term `sexual contact' means--
``(A) touching, or causing another person to touch,
either directly or through the clothing, the genitalia,
anus, groin, breast, inner thigh, or buttocks of any
person, with an intent to abuse, humiliate, or degrade
any person; or
``(B) any touching, or causing another person to
touch, either directly or through the clothing, any
body part of any person, if done with an intent to
arouse or gratify the sexual desire of any person.
Touching may be accomplished by any part of the body.''.
(C) by striking paragraph (4) and redesignating
paragraph (3) as paragraph (4);
(D) by redesignating paragraph (8) as paragraph
(3), transferring that paragraph so as to appear after
paragraph (2), and amending that paragraph by inserting
before the period at the end the following: ``,
including any nonconsensual sexual act or nonconsensual
sexual contact'';
(E) in paragraph (4), as redesignated by
subparagraph (C), by striking the last sentence;
(F) by striking paragraphs (5) and (7);
(G) by redesignating paragraph (6) as paragraph
(7);
(H) by inserting after paragraph (4), as
redesignated by subparagraph (C), the following new
paragraphs (5) and (6):
``(5) Force.--The term `force' means--
``(A) the use of a weapon;
``(B) the use of such physical strength or violence
as is sufficient to overcome, restrain, or injure a
person; or
``(C) inflicting physical harm sufficient to coerce
or compel submission by the victim.
``(6) Unlawful force.--The term `unlawful force' means an
act of force done without legal justification or excuse.'';
(I) in paragraph (7), as redesignated by
subparagraph (G)--
(i) by striking ``under paragraph (3)'' and
all that follows through ``contact),''; and
(ii) by striking ``death, grievous bodily
harm, or kidnapping'' and inserting ``the
wrongful action contemplated by the
communication or action.'';
(J) by striking paragraphs (9) through (13);
(K) by redesignating paragraph (14) as paragraph
(8) and in that paragraph--
(i) by inserting ``(A)'' before ``The
term'';
(ii) by striking ``words or overt acts
indicating'' and ``sexual'' in the first
sentence;
(iii) by striking ``accused's'' in the
third sentence;
(iv) by inserting ``or social or sexual''
before ``relationship'' in the fourth sentence;
(v) by striking ``sexual'' before
``conduct'' in the fourth sentence;
(vi) by striking ``A person cannot
consent'' and all that follows through the
period; and
(vii) by adding at the end the following
new subparagraphs:
``(B) A sleeping, unconscious, or incompetent
person cannot consent. A person cannot consent to force
causing or likely to cause death or grievous bodily
harm or to being rendered unconscious. A person cannot
consent while under threat or in fear or under the
circumstances described in subparagraph (C) or (D) of
subsection (b)(1).
``(C) Lack of consent may be inferred based on the
circumstances of the offense. All the surrounding
circumstances are to be considered in determining
whether a person gave consent, or whether a person did
not resist or ceased to resist only because of another
person's actions.''; and
(L) by striking paragraphs (15) and (16).
(11) Section heading.--The heading of such section
(article) is amended to read as follows:
``Sec. 920. Art. 120. Rape and sexual assault generally''.
(b) Rape and Sexual Assault of a Child.--Chapter 47 of such title
(the Uniform Code of Military Justice) is amended by inserting after
section 920a (article 120a), as amended by subsection (a), the
following new section (article):
``Sec. 920b. Art. 120b. Rape and sexual assault of a child
``(a) Rape of a Child.--Any person subject to this chapter who--
``(1) commits a sexual act upon a child who has not
attained the age of 12 years; or
``(2) commits a sexual act upon a child who has attained
the age of 12 years by--
``(A) using force against any person;
``(B) threatening or placing that child in fear;
``(C) rendering that child unconscious; or
``(D) administering to that child a drug,
intoxicant, or other similar substance;
is guilty of rape of a child and shall be punished as a court-martial
may direct.
``(b) Sexual Assault of a Child.--Any person subject to this
chapter who commits a sexual act upon a child who has attained the age
of 12 years is guilty of sexual assault of a child and shall be
punished as a court-martial may direct.
``(c) Sexual Abuse of a Child.--Any person subject to this chapter
who commits a lewd act upon a child is guilty of sexual abuse of a
child and shall be punished as a court-martial may direct.
``(d) Age of Child.--
``(1) Under 12 years.--In a prosecution under this section,
it need not be proven that the accused knew the age of the
other person engaging in the sexual act or lewd act. It is not
a defense that the accused reasonably believed that the child
had attained the age of 12 years.
``(2) Under 16 years.--In a prosecution under this section,
it need not be proven that the accused knew that the other
person engaging in the sexual act or lewd act had not attained
the age of 16 years, but it is a defense in a prosecution under
subsection (b) (sexual assault of a child) or subsection (c)
(sexual abuse of a child), which the accused must prove by a
preponderance of the evidence, that the accused reasonably
believed that the child had attained the age of 16 years, if
the child had in fact attained at least the age of 12 years.
``(e) Proof of Threat.--In a prosecution under this section, in
proving that a person made a threat, it need not be proven that the
person actually intended to carry out the threat or had the ability to
carry out the threat.
``(f) Marriage.--In a prosecution under subsection (b) (sexual
assault of a child) or subsection (c) (sexual abuse of a child), it is
a defense, which the accused must prove by a preponderance of the
evidence, that the persons engaging in the sexual act or lewd act were
at that time married to each other, except where the accused commits a
sexual act upon the person when the accused knows or reasonably should
know that the other person is asleep, unconscious, or otherwise unaware
that the sexual act is occurring or when the other person is incapable
of consenting to the sexual act due to impairment by any drug,
intoxicant, or other similar substance, and that condition was known or
reasonably should have been known by the accused.
``(g) Consent.--Lack of consent is not an element and need not be
proven in any prosecution under this section. A child not legally
married to the person committing the sexual act, lewd act, or use of
force cannot consent to any sexual act, lewd act, or use of force.
``(h) Definitions.--In this section:
``(1) Sexual act and sexual contact.--The terms `sexual
act' and `sexual contact' have the meanings given those terms
in section 920(g) of this title (article 120(g)).
``(2) Force.--The term `force' means--
``(A) the use of a weapon;
``(B) the use of such physical strength or violence
as is sufficient to overcome, restrain, or injure a
child; or
``(C) inflicting physical harm.
In the case of a parent-child or similar relationship, the use
or abuse of parental or similar authority is sufficient to
constitute the use of force.
``(3) Threatening or placing that child in fear.--The term
`threatening or placing that child in fear' means a
communication or action that is of sufficient consequence to
cause the child to fear that non-compliance will result in the
child or another person being subjected to the action
contemplated by the communication or action.
``(4) Child.--The term `child' means any person who has not
attained the age of 16 years.
``(5) Lewd act.--The term `lewd act' means--
``(A) any sexual contact with a child;
``(B) intentionally exposing one's genitalia, anus,
buttocks, or female areola or nipple to a child by any
means, including via any communication technology, with
an intent to abuse, humiliate, or degrade any person,
or to arouse or gratify the sexual desire of any
person;
``(C) intentionally communicating indecent language
to a child by any means, including via any
communication technology, with an intent to abuse,
humiliate, or degrade any person, or to arouse or
gratify the sexual desire of any person; or
``(D) any indecent conduct, intentionally done with
or in the presence of a child, including via any
communication technology, that amounts to a form of
immorality relating to sexual impurity which is grossly
vulgar, obscene, and repugnant to common propriety, and
tends to excite sexual desire or deprave morals with
respect to sexual relations.''.
(c) Other Sexual Misconduct.--Such chapter (the Uniform Code of
Military Justice) is further amended by inserting after section 920b
(article 120b), as added by subsection (b), the following new section:
``Sec. 920c. Art. 120c. Other sexual misconduct
``(a) Indecent Viewing, Visual Recording, or Broadcasting.--Any
person subject to this chapter who, without legal justification or
lawful authorization--
``(1) knowingly and wrongfully views the private area of
another person, without that other person's consent and under
circumstances in which that other person has a reasonable
expectation of privacy;
``(2) knowingly photographs, videotapes, films, or records
by any means the private area of another person, without that
other person's consent and under circumstances in which that
other person has a reasonable expectation of privacy; or
``(3) knowingly broadcasts or distributes any such
recording that the person knew or reasonably should have known
was made under the circumstances proscribed in paragraphs (1)
and (2);
is guilty of an offense under this section and shall be punished as a
court-martial may direct.
``(b) Forcible Pandering.--Any person subject to this chapter who
compels another person to engage in an act of prostitution with any
person is guilty of forcible pandering and shall be punished as a
court-martial may direct.
``(c) Indecent Exposure.--Any person subject to this chapter who
intentionally exposes, in an indecent manner, the genitalia, anus,
buttocks, or female areola or nipple is guilty of indecent exposure and
shall by punished as a court-martial may direct.
``(d) Definitions.--In this section:
``(1) Act of prostitution.--The term `act of prostitution'
means a sexual act or sexual contact (as defined in section
920(g) of this title (article 120(g))) on account of which
anything of value is given to, or received by, any person.
``(2) Private area.--The term `private area' means the
naked or underwear-clad genitalia, anus, buttocks, or female
areola or nipple.
``(3) Reasonable expectation of privacy.--The term `under
circumstances in which that other person has a reasonable
expectation of privacy' means--
``(A) circumstances in which a reasonable person
would believe that he or she could disrobe in privacy,
without being concerned that an image of a private area
of the person was being captured; or
``(B) circumstances in which a reasonable person
would believe that a private area of the person would
not be visible to the public.
``(4) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent that it
be viewed by a person or persons.
``(5) Distribute.--The term `distribute' means delivering
to the actual or constructive possession of another, including
transmission by electronic means.
``(6) Indecent manner.--The term `indecent manner' means
conduct that amounts to a form of immorality relating to sexual
impurity which is grossly vulgar, obscene, and repugnant to
common propriety, and tends to excite sexual desire or deprave
morals with respect to sexual relations.''.
(d) Repeal of Sodomy Article.--Section 925 of such title (article
125 of the Uniform Code of Military Justice) is repealed.
(e) Conforming Amendments.--Chapter 47 of such title (the Uniform
Code of Military Justice) is further amended as follows:
(1) Statute of limitations.--Subparagraph (B) of section
843(b)(2) (article 43(b)(2)) is amended--
(A) in clause (i), by striking ``section 920 of
this title (article 120)'' and inserting ``section 920,
920a, 920b, or 920c of this title (article 120, 120a,
120b, or 120c)'';
(B) by striking clause (iii); and
(C) in clause (v)--
(i) by striking ``indecent assault'';
(ii) by striking ``rape, or sodomy,'' and
inserting ``or rape,''; and
(iii) by striking ``or liberties with a
child''.
(2) Murder.--Paragraph (4) of section 918 (article 118) is
amended--
(A) by striking ``sodomy,''; and
(B) by striking ``aggravated sexual assault,'' and
all that follows through ``with a child,'' and
inserting ``sexual assault, sexual assault of a child,
aggravated sexual contact, sexual abuse of a child,''.
(f) Clerical Amendments.--The table of sections at the beginning of
subchapter X of such chapter (the Uniform Code of Military Justice) is
amended--
(1) by striking the items relating to sections 920 and 920a
(articles 120 and 120a) and inserting the following new items:
``920. 120. Rape and sexual assault generally.
``920a. 120a. Stalking.
``920b. 120b. Rape and sexual assault of a child.
``920c. 120c. Other sexual misconduct.'';
and
(2) by striking the item relating to section 925 (article
125).
(g) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to offenses committed on or after such date.
SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.
(a) Subpoena Duces Tecum.--Section 847 of title 10, United States
Code (article 47 of the Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1), by striking ``board;'' and
inserting ``board, or has been duly issued a subpoena duces
tecum for an investigation, including an investigation pursuant
to section 832(b) of this title (article 32(b)); and''; and
(2) in subsection (c), by striking ``or board'' and
inserting ``board, trial counsel, or convening authority''.
(b) Repeal of Obsolete Provisions Relating to Fees and Mileage
Payable to Witnesses.--Such section is further amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2); and
(2) by striking subsection (d).
(c) Technical Amendments.--Subsection (a) of such section is
further amended by striking ``subpenaed'' in paragraphs (1) and (2), as
redesignated by subsection (b)(1)(B), and inserting ``subpoenaed''.
(d) Effective Date.--The amendments made by subsection (a) shall
apply with respect to subpoenas issued after the date of the enactment
of this Act.
SEC. 553. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN MILITARY PERSONNEL
DECISIONS.
(a) Prohibited Personnel Actions.--Section 1034 of title 10, United
States Code, is amended--
(1) in subsection (f), by adding at the end the following
new paragraph:
``(7) In any case in which the final decision of the Secretary
concerned results in denial, in whole or in part, of any requested
correction of the member or former member's record, the member or
former member shall be provided a concise written statement of the
factual and legal basis for the decision, together with a statement of
the procedure and time for obtaining review of the decision pursuant to
section 1560 of this title.'';
(2) in subsection (g)--
(A) by inserting ``(1)'' before ``Upon the
completion of all''; and
(B) by adding at the end the following new
paragraph:
``(2) A submittal to the Secretary of Defense under paragraph (1)
must be made within 90 days of the receipt of the final decision of the
Secretary of the military department concerned in the matter. In any
case in which the final decision of the Secretary of Defense results in
denial, in whole or in part, of any requested correction of the member
or former member's record, the member or former member shall be
provided a concise written statement of the basis for the decision,
together with a statement of the procedure and time for obtaining
review of the decision pursuant to section 1560 of this title.'';
(3) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(4) by inserting after subsection (g) the following new
subsection (h):
``(h) Judicial Review.--A decision of the Secretary of Defense
under subsection (g) or, in a case in which review by the Secretary of
Defense under subsection (g) was not sought or in a case arising out of
the Coast Guard when the Coast Guard is not operating as a service in
the Navy, a decision of the Secretary of a military department or the
Secretary of Homeland Security under subsection (f) shall be subject to
judicial review only as provided in section 1560 of this title.''.
(b) Correction of Military Records.--Section 1552 of such title is
amended--
(1) by redesignating subsection (g) as subsection (j); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) In any case in which the final decision of the Secretary
concerned results in denial, in whole or in part, of any requested
correction, the claimant shall be provided a concise written statement
of the factual and legal basis for the decision, together with a
statement of the procedure and time for obtaining review of the
decision pursuant to section 1560 of this title.
``(h) If an application for correction of military records involves
a historically significant military event (as defined by the Secretary
concerned), or would, if the application is approved, substantially
modify the results of any disciplinary action or promotion decision
regarding a general or flag officer which includes in the remedy a
promotion by and with the advice and consent of the Senate, the
Secretary concerned shall ensure that an advisory opinion is included
in the record of the decision that includes a detailed chronology of
the events in question and, at a minimum, considers the following
information:
``(1) A thorough compilation of the information available
in the historical record, including testimony, contemporary
written statements, and all available records which formed the
basis for the military records in question.
``(2) The testimony or written views of contemporary
decision makers, if available, regarding the matters raised in
the application for relief regarding the military records in
question.
``(3) A summary of the available evidence for and against
the position taken by the applicant.
``(i) A decision by the Secretary concerned under this section
shall be subject to judicial review only as provided in section 1560 of
this title.''.
(c) Judicial Review.--
(1) In general.--Chapter 79 of such title is amended by
adding at the end the following new section:
``Sec. 1560. Judicial review of decisions
``(a) After a final decision is issued pursuant to section 1552 of
this title, or is issued by the Secretary of a military department or
the Secretary of Homeland Security pursuant to section 1034(f) of this
title or the Secretary of Defense pursuant to section 1034(g) of this
title, any person aggrieved by the decision may obtain judicial review.
``(b) In exercising its authority under this section, the reviewing
court shall review the record and may hold unlawful and set aside any
decision demonstrated by the petitioner in the record to be--
``(1) arbitrary or capricious;
``(2) not based on substantial evidence;
``(3) a result of material error of fact or material
administrative error, but only if the petitioner identified to
the correction board how the failure to follow procedures
substantially prejudiced the petitioner's right to relief, and
shows to the reviewing court by a preponderance of the evidence
that the error was harmful; or
``(4) otherwise contrary to law.
``(c) Upon review under this section, the reviewing court shall
affirm, modify, vacate, or reverse the decision, or remand the matter,
as appropriate.
``(d) No judicial review may be made under this section unless the
petitioner shall first have requested a correction under section 1552
of this title, and the Secretary concerned shall have rendered a final
decision denying that correction in whole or in part. In a case in
which the final decision of the Secretary concerned is subject to
review by the Secretary of Defense under section 1034(g) of this title,
the petitioner is not required to seek such review by the Secretary of
Defense before obtaining judicial review under this section. If the
petitioner seeks review by the Secretary of Defense under section
1034(g) of this title, no judicial review may be made until the
Secretary of Defense shall have rendered a final decision denying that
request in whole or in part.
``(e) In the case of a final decision described in subsection (a)
made on or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2012, a petition for judicial review
under this section must be filed within three years of the date on
which the final decision was actually received by the petitioner.
``(f) Notwithstanding subsections (a), (b), and (c), a reviewing
court does not have jurisdiction to entertain any matter or issue
raised in a petition of review under this section that is not
justiciable.
``(g)(1) In the case of a cause of action arising after the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2012, no court shall have jurisdiction to entertain any request for
correction of records cognizable under section 1552 of this title,
except as provided in this section.
``(2) In the case of a cause of action arising after the date of
the enactment of the National Defense Authorization Act for Fiscal Year
2012, except as provided by chapter 153 of title 28 and this chapter,
no court shall have jurisdiction over any civil action or claim
seeking, in whole or in part, to challenge any decision for which
administrative review is available under section 1552 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 79 of such title is amended by adding at
the end the following new item:
``1560. Judicial review of decisions.''.
(d) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act. Such
amendments shall apply to all final decisions of the Secretary of
Defense under section 1034(g) of title 10, United States Code, and of
the Secretary of a military department or the Secretary of Homeland
Security under section 1034(f) or 1552 of title 10, United States Code,
whether rendered before or after the date of the enactment of this Act.
During the period between the date of the enactment of this Act and the
date on which the amendments made by this section take effect, in any
case in which the final decision of the Secretary of Defense under
section 1034 of title 10, United States Code, or the Secretary
concerned under section 1552 of title 10, United States Code, results
in denial, in whole or in part, of any requested correction of a record
of a member, former member, or claimant, the individual shall be
informed in writing of the time for obtaining review of the decision
pursuant to section 1560 of title 10, United States Code, as provided
therein.
(e) Implementation.--The Secretaries concerned may prescribe
appropriate regulations, and interim guidance before prescribing such
regulations, to implement the amendments made by this section. In the
case of the Secretary of a military department, such regulations may
not take effect until approved by the Secretary of Defense.
(f) Construction.--This section does not affect the authority of
any court to exercise jurisdiction over any case which was properly
before it before the effective date specified in subsection (d).
(g) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 554. DEPARTMENT OF DEFENSE SUPPORT FOR PROGRAMS ON PRO BONO LEGAL
REPRESENTATION FOR MEMBERS OF THE ARMED FORCES.
(a) Support Authorized.--The Secretary of Defense may provide
support to one or more public or private programs designed to
facilitate representation by attorneys who provide pro bono legal
assistance of members of the Armed Forces who are in need of such
representation.
(b) Financial Support.--
(1) In general.--The support provided a program under
subsection (a) may include financial support of the program.
(2) Limitation on amount.--The total amount of financial
support provided under subsection (a) in any fiscal year may
not exceed $500,000.
(3) Determination.--The Secretary may not provide financial
support under subsection (a) unless the Secretary determines
that services available at no cost to the Department of Defense
or individual members of the Armed Forces that facilitate
representation by attorneys who provide pro bono legal
assistance to members of the Armed Forces who are in need of
such assistance are not available.
(4) Funding.--Amounts for financial support under this
section shall be derived from amounts authorized to be
appropriated for the Department of Defense for operation and
maintenance.
Subtitle F--Sexual Assault Prevention and Response
SEC. 561. DIRECTOR OF THE SEXUAL ASSAULT PREVENTION AND RESPONSE
OFFICE.
Section 1611(a) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4431; 10 U.S.C.
1561 note) is amended by adding before the period at the end of the
first sentence the following: ``, who shall be appointed from among
general or flag officers of the Armed Forces or employees of the
Department of Defense in a comparable Senior Executive Service
position''.
SEC. 562. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT
VICTIM ADVOCATES.
(a) Guidance Required.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance to implement the appropriate recommendations of the Report of
the Defense Task Force on Sexual Assault in the Military Services
(December 2009). Such guidance shall--
(1) require the Secretary of each military department to
determine (which determination shall be based on the unique
mission, military population, and force structure of the
applicable Armed Force) the appropriate number of Sexual
Assault Response Coordinators and Sexual Assault Victim
Advocates to be assigned to deployed and non-deployed military
units under the jurisdiction of such Secretary;
(2) require that each installation or similar
organizational level have at least one Sexual Assault Response
Coordinator;
(3) establish, or require the Secretary of each military
department to establish, credentialing programs for Sexual
Assault Response Coordinators and for Sexual Assault Victim
Advocates; and
(4) ensure that, after October 1, 2013, only members of the
Armed Forces on active duty or full-time civilian employees of
the Department of Defense who have obtained the appropriate
credentials under a program under paragraph (3) may be assigned
to duty as a Sexual Assault Response Coordinator or a Sexual
Assault Victim Advocate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit Congress a
report on the status of the implementation of the recommendations of
the Defense Task Force on Sexual Assault in the Military Services. The
report shall set forth the anticipated date of the completion of the
implementation by each military department of the guidance issued under
subsection (a).
SEC. 563. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE AND
SERVICES OF SEXUAL ASSAULT RESPONSE COORDINATORS AND
SEXUAL ASSAULT VICTIM ADVOCATES.
(a) Legal Assistance for Victims of Sexual Assault.--Not later than
60 days after the date of the enactment of this Act, the Secretaries of
the military departments shall prescribe regulations on the provision
of legal assistance to victims of sexual assault. Such regulations
shall require that legal assistance be provided by military or civilian
legal assistance counsel pursuant to section 1044 of title 10, United
States Code.
(b) Assistance and Reporting.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1565a the following
new section:
``Sec. 1565b. Victims of sexual assault: access to legal assistance and
services of Sexual Assault Response Coordinators and
Sexual Assault Victim Advocates
``(a) Availability of Legal Assistance and Victim Advocate
Services.--(1) A member of the armed forces who is the victim of a
sexual assault may be provided the following:
``(A) Legal assistance provided by military or civilian
legal assistance counsel pursuant to section 1044 of this
title.
``(B) Assistance provided by a Sexual Assault Response
Coordinator.
``(C) Assistance provided by a Sexual Assault Victim
Advocate.
``(2) A member of the armed forces who is the victim of sexual
assault shall be informed of the availability of assistance under
paragraph (1) as soon as the member seeks assistance from a Sexual
Assault Response Coordinator, a Sexual Assault Victim Advocate, a
military criminal investigator, a victim/witness liaison, or a trial
counsel. The member shall also be informed that the legal assistance
and the services of a Sexual Assault Response Coordinator or a Sexual
Assault Victim Advocate under paragraph (1) are optional and may be
declined, in whole or in part, at any time.
``(3) Legal assistance and the services of Sexual Assault Response
Coordinators and Sexual Assault Victim Advocates under paragraph (1)
shall be available to a member regardless of whether the member elects
unrestricted or restricted (confidential) reporting of the sexual
assault.
``(b) Restricted Reporting.--(1) Under regulations prescribed by
the Secretary of Defense, a member of the armed forces who is the
victim of a sexual assault may elect to confidentially disclose the
details of the assault to an individual specified in paragraph (2) and
receive medical treatment, legal assistance under section 1044 of this
title, or counseling, without initiating an official investigation of
the allegations.
``(2) The individuals specified in this paragraph are the
following:
``(A) A military legal assistance counsel.
``(B) A Sexual Assault Response Coordinator.
``(C) A Sexual Assault Victim Advocate.
``(D) Healthcare personnel specifically identified in the
regulations required by paragraph (1).
``(E) A chaplain.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by inserting
after the item relating to section 1565a the following new
item:
``1565b. Victims of sexual assault: access to legal assistance and
services of Sexual Assault Response
Coordinators and Sexual Assault Victim
Advocates.''.
SEC. 564. REQUIREMENT FOR PRIVILEGE IN CASES ARISING UNDER UNIFORM CODE
OF MILITARY JUSTICE AGAINST DISCLOSURE OF COMMUNICATIONS
BETWEEN SEXUAL ASSAULT VICTIMS AND SEXUAL ASSAULT
RESPONSE COORDINATORS, SEXUAL ASSAULT VICTIM ADVOCATES,
AND CERTAIN OTHER PERSONS.
Not later than 60 days after the date of the enactment of this Act,
the President shall establish in the Manual for Courts-Martial an
evidentiary privilege against disclosure of certain communications by
victims of sexual assault with Sexual Assault Response Coordinators,
Sexual Assault Victim Advocates, and such other persons as the
President shall specify for purposes of the privilege.
SEC. 565. EXPEDITED CONSIDERATION AND DECISION-MAKING ON REQUESTS FOR
PERMANENT CHANGE OF STATION OR UNIT TRANSFER OF VICTIMS
OF SEXUAL ASSAULT.
(a) Expedited Consideration and Priority for Decisionmaking.--The
Secretaries of the military departments shall provide guidance on
expedited consideration and decision-making, to the maximum extent
practicable, on requests for a permanent change of station or unit
transfer submitted by a member of the Armed Forces serving on active
duty who was a victim of a sexual assault.
(b) Regulations.--The Secretaries of the military departments shall
prescribe regulations to carry out this section.
SEC. 566. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND
ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL
ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Policy on Retention and Access to Records.--Not
later than February 1, 2013, the Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, develop a
comprehensive policy for the Department of Defense on the retention of
and access to evidence and records relating to sexual assaults
involving members of the Armed Forces.
(b) Objectives.--The comprehensive policy required by subsection
(a) shall include policies and procedures (including systems of
records) necessary to ensure preservation of records and evidence for
periods of time that ensure that members of the Armed Forces and
veterans of military service who were the victims of sexual assault
during military service are able to substantiate claims for veterans
benefits, to support criminal or civil prosecutions by military or
civil authorities, and for such purposes relating to the documentation
of the incidence of sexual assault in the Armed Forces as the Secretary
of Defense considers appropriate.
(c) Elements.--In developing the comprehensive policy required by
subsection (a), the Secretary of Defense shall consider, at a minimum,
the following matters:
(1) Identification of records, including non-Department of
Defense records, relating to an incident of sexual assault,
that must be retained.
(2) Criteria for collection and retention of records.
(3) Identification of physical evidence and non-documentary
forms of evidence relating to sexual assaults that must be
retained.
(4) Length of time records and evidence must be retained,
except that the length of time documentary evidence, physical
evidence and forensic evidence must be retained shall be not
less than five years.
(5) Locations where records must be stored.
(6) Media which may be used to preserve records and assure
access, including an electronic systems of records.
(7) Protection of privacy of individuals named in records
and status of records under section 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act''), section 552a of title 5, United States Code
(commonly referred to as the ``Privacy Act''), and laws related
to privilege.
(8) Access to records by victims of sexual assault, the
Department of Veterans Affairs, and others, including alleged
assailants and law enforcement authorities.
(9) Responsibilities for record retention by the military
departments.
(10) Education and training on record retention
requirements.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(d) Uniform Application to Military Departments.--The Secretary of
Defense shall ensure that, to the maximum extent practicable, the
policy developed under subsection (a) is implemented uniformly by the
military departments.
Subtitle G--Defense Dependents' Education
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2012 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $25,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Local Educational Agency Defined.--In this section, the term
```local educational agency''' has the meaning given that term in
section 8013(9) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7713(9)).
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2012
pursuant to section 301 and available for operation and maintenance for
Defense-wide activities as specified in the funding table in section
4301, $5,000,000 shall be available for payments under section 363 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20
U.S.C. 7703a).
SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORITIES ON
TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL
EDUCATIONAL AGENCIES.
(a) Additional Authorities.--Paragraph (2)(B) of section 574(d) of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(20 U.S.C. 7703b note) is amended--
(1) by inserting ``grant assistance'' after ``To provide'';
and
(2) by striking ``including--`` and all that follows and
inserting ``including programs on the following:
``(i) Access to virtual and distance learning
capabilities and related applications.
``(ii) Training for teachers.
``(iii) Academic strategies to increase academic
achievement.
``(iv) Curriculum development.
``(v) Support for practices that minimize the
impact of transition and deployment.
``(vi) Other appropriate services to improve the
academic achievement of such students.''.
(b) Three-year Extension.--Paragraph (3) of such section is amended
by striking ``September 30, 2013'' and inserting ``September 30,
2016''.
Subtitle H--Military Family Readiness
SEC. 576. MODIFICATION OF MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY
FAMILY READINESS COUNCIL.
Subsection (b) of section 1781a of title 10, United States Code, is
amended to read as follows:
``(b) Members.--(1) The Council shall consist of the following
members:
``(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as chair of the Council and who may
designate a representative to chair the council in the Under
Secretary's absence.
``(B) The following, who shall be appointed or designated
by the Secretary of Defense:
``(i) One representative of each of the Army, Navy,
Marine Corps, and Air Force, each of whom may be a
member of the armed force to be represented, the spouse
of such a member, or the parent of such a member, and
may represent either the regular component or a reserve
component of that armed force.
``(ii) One representative of the Army National
Guard or Air National Guard, who may be a member of the
National Guard, the spouse of such a member, or the
parent of such a member.
``(iii) One spouse of a member of each of the Army,
Navy, Marine Corps, and Air Force, two of whom shall be
the spouse of a regular component member and two of
whom shall be the spouse of a reserve component member.
``(iv) Three individuals appointed by the Secretary
of Defense from among representatives of military
family organizations, including military family
organizations of families of members of the regular
components and of families of members of the reserve
components.
``(v) The senior enlisted advisor, or the spouse of
a senior enlisted member, from each of the Army, Navy,
Marine Corps, and Air Force.
``(C) The Director of the Office of Community Support for
Military Families with Special Needs.
``(2)(A) The term on the Council of the members appointed or
designated under clauses (i) and (iii) of paragraph (1)(B) shall be two
years and may be renewed by the Secretary of Defense. Representation on
the Council under clause (ii) of that paragraph shall rotate between
the Army National Guard and Air National Guard every two years on a
calendar year basis.
``(B) The term on the Council of the members appointed under clause
(iv) of paragraph (1)(B) shall be three years.''.
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DEPARTMENT
OF DEFENSE MILITARY SPOUSE EMPLOYMENT PROGRAMS.
(a) In General.--The Comptroller General of the United States shall
carry out a review of all current Department of Defense military spouse
employment programs.
(b) Elements.--The review required by subsection (a) shall,
address, at a minimum, the following:
(1) The efficacy and effectiveness of Department of Defense
military spouse employment programs.
(2) All current Department programs to support military
spouses or dependents for the purposes of employment
assistance.
(3) The types of military spouse employment programs that
have been considered or used in the past by the Department.
(4) The ways in which military spouse employment programs
have changed in recent years.
(5) The benefits or programs that are specifically
available to provide employment assistance to spouses of
members of the Armed Forces serving in Operation Iraqi Freedom,
Operation Enduring Freedom, or Operation New Dawn, or any other
contingency operation being conducted by the Armed Forces as of
the date of such review.
(6) Existing mechanisms available to military spouses to
express their views on the effectiveness and future direction
of Department programs and policies on employment assistance
for military spouses.
(7) The oversight provided by the Office of Personnel and
Management regarding preferences for military spouses in
Federal employment.
(c) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the review carried
out under subsection (a). The report shall set forth the following:
(1) The results of the review concerned.
(2) Such clear and concrete metrics as the Comptroller
General considers appropriate for the current and future
evaluation and assessment of the efficacy and effectiveness of
Department of Defense military spouse employment programs.
(3) A description of the assumptions utilized in the
review, and an assessment of the validity and completeness of
such assumptions.
(4) Such recommendations as the Comptroller General
considers appropriate for improving Department of Defense
military spouse employment programs.
(d) Department of Defense Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report setting forth
the number (or a reasonable estimate if a precise number is not
available) of military spouses who have obtained employment following
participation in Department of Defense military spouse employment
programs. The report shall set forth such number (or estimate) for the
Department of Defense military spouse employment programs as a whole
and for each such military spouse employment program.
Subtitle I--Other Matters
SEC. 581. COLD WAR SERVICE MEDAL.
(a) Medal Authorized.--The Secretary of Defense may authorize the
issuance by the Secretaries concerned of a service medal, to be known
as the ``Cold War Service Medal'', to persons eligible to receive the
medal under the regulations under subsection (b).
(b) Regulations.--
(1) In general.--The issuance of a Cold War Service Medal
under this section shall be subject to regulations prescribed
by Secretary of Defense.
(2) Elements.--The regulations shall--
(A) provide for an appropriate design for the Cold
War Service Medal; and
(B) specify the persons eligible to receive the
medal.
(c) Secretaries Concerned Defined.--In this section, the term
``Secretaries concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 582. ENHANCEMENT AND IMPROVEMENT OF YELLOW RIBBON REINTEGRATION
PROGRAM.
(a) Inclusion of Programs of Outreach in Program.--Subsection (b)
of section 582 of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 10101 note) is amended by inserting ``(including
programs of outreach)'' after ``informational events and activities''.
(b) Restatement of Functions of Center for Excellence in
Reintegration and Inclusion in Functions of Identification of Best
Practices in Programs of Outreach.--Subsection (d)(2) of such section
is amended by striking the second, third, and fourth sentences and
inserting the following: ``The Center shall have the following
functions:
``(A) To collect and analyze `lessons learned' and
suggestions from State National Guard and Reserve
organizations with existing or developing reintegration
programs.
``(B) To assist in developing training aids and
briefing materials and training representatives from
State National Guard and Reserve organizations.
``(C) To develop and implement a process for
evaluating the effectiveness of the Yellow Ribbon
Reintegration Program in supporting the health and
well-being of members of the Armed Forces and their
families throughout the deployment cycle described in
subsection (g).
``(D) To develop and implement a process for
identifying best practices in the delivery of
information and services in programs of outreach as
described in subsection (j).''.
(c) State-led Programs of Outreach.--Such section is further
amended by adding at the end the following new subsection:
``(j) State-led Programs of Outreach.--The Office for Reintegration
Programs may work with the States, whether acting through or in
coordination with their National Guard and Reserve organizations, to
assist the States and such organizations in developing and carrying out
programs of outreach for members of the Armed Forces and their families
to inform and educate them on the assistance and services available to
them under the Yellow Ribbon Reintegration Program, including the
assistance and services described in subsection (h).''.
(d) Scope of Activities Under Programs of Outreach.--Such section
is further amended by adding at the end the following new subsection:
``(k) Scope of Activities Under Programs of Outreach.--For purposes
of this section, the activities and services provided under programs of
outreach may include personalized and substantive care coordination
services targeted specifically to individual members of the Armed
Forces and their families.''.
SEC. 583. REPORT ON PROCESS FOR EXPEDITED DETERMINATION OF DISABILITY
OF MEMBERS OF THE ARMED FORCES WITH CERTAIN DISABLING
CONDITIONS.
(a) In General.--Not later than September 1, 2012, the Secretary of
Defense shall submit to Congress a report setting forth an assessment
of the feasibility and advisability of the establishment by the
military departments of a process to expedite the determination of
disability with respect members of the Armed Forces, including regular
members and members of the reserve components, who suffer from certain
disabling diseases or conditions. If the establishment of such a
process is considered feasible and advisable, the report shall set
forth such recommendations for legislative and administrative action as
the Secretary consider appropriate for the establishment of such
process.
(b) Requirements for Study for Report.--
(1) Evaluation of appropriate elements of similar federal
programs.--In conducting the study required for purposes of the
preparation of the report required by subsection (a), the
Secretary of Defense shall evaluate elements of programs for
expedited determinations of disability that are currently
carried out by other departments and agencies of the Federal
Government, including the Quick Disability Determination
program and the Compassionate Allowances program of the Social
Security Administration.
(2) Consultation.--The Secretary of Defense shall conduct
the study in consultation with the Secretary of Veterans
Affairs.
SEC. 584. REPORT ON THE ACHIEVEMENT OF DIVERSITY GOALS FOR THE
LEADERSHIP OF THE ARMED FORCES.
(a) Report Required.--Not later than one year 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 the House of
Representatives a report on the achievement of diversity goals for the
leadership of the Armed Forces.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment by each Secretary of a military
department of progress towards the achievement of diversity
goals for the leadership within each Armed Force under the
jurisdiction of such Secretary, including the reserve
components of such Armed Force.
(2) A discussion of the findings and recommendations
included in the final report of the Military Leadership
Diversity Commission entitled ``From Representation to
Inclusion: Diversity Leadership for the 21st Century
Military'', and in other relevant policies, studies, reports,
evaluations, and assessments.
SEC. 585. SPECIFICATION OF PERIOD IN WHICH APPLICATION FOR VOTER
REGISTRATION OR ABSENTEE BALLOT FROM AN OVERSEAS VOTER IS
VALID.
Section 104 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-3) is amended--
(1) by inserting ``or overseas voter'' after ``absent
uniformed services voter''; and
(2) by striking ``members of the uniformed services'' and
inserting ``uniformed services voters or overseas voters''.
SEC. 586. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO EMIL
KAPAUN FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President is authorized and
requested to award the Medal of Honor posthumously under section 3741
of such title to Emil Kapaun for the acts of valor during the Korean
War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Captain Emil Kapaun as a member
of the 8th Cavalry Regiment during the Battle of Unsan on November 1
and 2, 1950, and while a prisoner of war until his death on May 23,
1951, during the Korean War.
SEC. 587. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS
FOR CAPTAIN FREDRICK L. SPAULDING FOR ACTS OF VALOR
DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the United States Armed Forces, the Secretary of the Army
is authorized to award the Distinguished Service Cross under section
3742 of such title to Captain Fredrick L. Spaulding for acts of valor
during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Fredrick L. Spaulding, on July 23,
1970, as a member of the United States Army serving in the grade of
Captain in the Republic of Vietnam while assigned with Headquarters and
Headquarters Company, 3d Brigade, 101st Airborne Division.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--The following sections
of title 37, United States Code, are amended by striking ``December 31,
2011'' and inserting ``December 31, 2012'':
(1) Section 308b(g), relating to Selected Reserve
reenlistment bonus.
(2) Section 308c(i), relating to Selected Reserve
affiliation or enlistment bonus.
(3) Section 308d(c), relating to special pay for enlisted
members assigned to certain high-priority units.
(4) Section 308g(f)(2), relating to Ready Reserve
enlistment bonus for persons without prior service.
(5) Section 308h(e), relating to Ready Reserve enlistment
and reenlistment bonus for persons with prior service.
(6) Section 308i(f), relating to Selected Reserve
enlistment and reenlistment bonus for persons with prior
service.
(7) Section 910(g), relating to income replacement payments
for reserve component members experiencing extended and
frequent mobilization for active duty service.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2011'' and inserting ``December 31, 2012'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Title 37 Authorities Relating to Health Care Professionals.--
The following sections of title 37, United States Code, are amended by
striking ``December 31, 2011'' and inserting ``December 31, 2012'':
(1) Section 302c-1(f), relating to accession and retention
bonuses for psychologists.
(2) Section 302d(a)(1), relating to accession bonus for
registered nurses.
(3) Section 302e(a)(1), relating to incentive special pay
for nurse anesthetists.
(4) Section 302g(e), relating to special pay for Selected
Reserve health professionals in critically short wartime
specialties.
(5) Section 302h(a)(1), relating to accession bonus for
dental officers.
(6) Section 302j(a), relating to accession bonus for
pharmacy officers.
(7) Section 302k(f), relating to accession bonus for
medical officers in critically short wartime specialties.
(8) Section 302l(g), relating to accession bonus for dental
specialist officers in critically short wartime specialties.
(9) Section 335(k), relating to bonus and incentive pay
authorities for officers in health professions.
(d) Authorities Relating to Nuclear Officers.--The following
sections of title 37, United States Code, are amended by striking
``December 31, 2011'' and inserting ``December 31, 2012'':
(1) Section 312(f), relating to special pay for nuclear-
qualified officers extending period of active service.
(2) Section 312b(c), relating to nuclear career accession
bonus.
(3) Section 312c(d), relating to nuclear career annual
incentive bonus.
(4) Section 333(i), relating to special bonus and incentive
pay authorities for nuclear officers.
(e) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2011''
and inserting ``December 31, 2012'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 351(h), relating to hazardous duty pay.
(5) Section 352(g), relating to assignment pay or special
duty pay.
(6) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(7) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(f) Other Title 37 Bonus and Special Pay Authorities.--The
following sections of title 37, United States Code, are amended by
striking ``December 31, 2011'' and inserting ``December 31, 2012'':
(1) Section 301b(a), relating to aviation officer retention
bonus.
(2) Section 307a(g), relating to assignment incentive pay.
(3) Section 308(g), relating to reenlistment bonus for
active members.
(4) Section 309(e), relating to enlistment bonus.
(5) Section 324(g), relating to accession bonus for new
officers in critical skills.
(6) Section 326(g), relating to incentive bonus for
conversion to military occupational specialty to ease personnel
shortage.
(7) Section 327(h), relating to incentive bonus for
transfer between the Armed Forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
(g) Increased BAH for Areas Experiencing Disasters or Sudden
Increases in Personnel.--Section 403(b)(7)(E) of title 37, United
States Code, is amended by inserting before the period at the end the
following: ``, except that such an increase may be prescribed for the
period beginning on January 1, 2012, and ending on December 31, 2012''.
SEC. 612. MODIFICATION OF QUALIFYING PERIOD FOR PAYMENT OF HOSTILE FIRE
AND IMMINENT DANGER SPECIAL PAY AND HAZARDOUS DUTY
SPECIAL PAY.
(a) Hostile Fire and Imminent Danger Pay.--Section 310 of title 37,
United States Code, is amended--
(1) in subsection (a), by striking ``for any month or
portion of a month'' and inserting ``for any day or portion of
a day'';
(2) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Special Pay Amount.--The amount of special pay authorized by
subsection (a) for a day or portion of a day may not exceed an amount
equal to $225 divided by the number of days of the month in which such
day falls.'';
(3) in subsection (c)(1), by inserting ``for any day (or
portion of a day) of'' before ``not more than three additional
months''; and
(4) in subsection (d)(2), by striking ``any month'' and
inserting ``any day''.
(b) Hazardous Duty Pay.--Section 351(c)(2) of such title is amended
by striking ``receipt of hazardous duty pay,'' and all that follows and
inserting ``receipt of hazardous duty pay--
``(A) in the case of hazardous duty pay payable
under paragraph (1) of subsection (a), the Secretary
concerned shall prorate the payment amount to reflect
the duration of the member's actual qualifying service
during the month; and
``(B) in the case of hazardous duty pay payable
under paragraph (2) or (3) of subsection (a), the
Secretary concerned may prorate the payment amount to
reflect the duration of the member's actual qualifying
service during the month.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2011, and shall apply with respect to duty
performed on or after that date.
Subtitle B--Consolidation and Reform of Travel and Transportation
Authorities
SEC. 621. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION
AUTHORITIES OF THE UNIFORMED SERVICES.
(a) Purpose.--This section establishes general travel and
transportation provisions for members of the uniformed services and
other travelers authorized to travel under official conditions.
Recognizing the complexities and the changing nature of travel, the
amendments made by this section provide the Secretary of Defense and
the other administering Secretaries with the authority to prescribe and
implement travel and transportation policy that is simple, clear,
efficient, and flexible, and that meets mission and servicemember
needs, while realizing cost savings that should come with a more
efficient and less cumbersome system for travel and transportation.
(b) Consolidated Authorities.--Title 37, United States Code, is
amended by inserting after chapter 7 the following new chapter:
``CHAPTER 8--TRAVEL AND TRANSPORTATION ALLOWANCES
``Sec.
``subchapter i--travel and transportation authorities--new law
``451. Definitions.
``452. Allowable travel and transportation: general authorities.
``453. Allowable travel and transportation: specific authorities.
``454. Travel and transportation: pilot programs.
``455. Appropriations for travel: may not be used for attendance at
certain meetings.
``subchapter ii--administrative provisions
``461. Relationship to other travel and transportation authorities.
``462. Travel and transportation allowances paid to members that are
unauthorized or in excess of authorized
amounts: requirement for repayment.
``463. Program of compliance; electronic processing of travel claims.
``464. Regulations.
``subchapter iii--travel and transportation authorities--old law
``471. Travel authorities transition expiration date.
``472. Definitions and other incorporated provisions of chapter 7.
``474. Travel and transportation allowances: general.
``474a. Travel and transportation allowances: temporary lodging
expenses.
``474b. Travel and transportation allowances: payment of lodging
expenses at temporary duty location during
authorized absence of member.
``475. Travel and transportation allowances: per diem while on duty
outside the continental United States.
``475a. Travel and transportation allowances: departure allowances.
``476. Travel and transportation allowances: dependents; baggage and
household effects.
``476a. Travel and transportation allowances: authorized for travel
performed under orders that are canceled,
revoked, or modified.
``476b. Travel and transportation allowances: members of the uniformed
services attached to a ship overhauling or
inactivating.
``476c. Travel and transportation allowances: members assigned to a
vessel under construction.
``477. Travel and transportation allowances: dislocation allowance.
``478. Travel and transportation allowances: travel within limits of
duty station.
``478a. Travel and transportation allowances: inactive duty training
outside of the normal commuting distances.
``479. Travel and transportation allowances: house trailers and mobile
homes.
``480. Travel and transportation allowances: miscellaneous categories.
``481. Travel and transportation allowances: administrative provisions.
``481a. Travel and transportation allowances: travel performed in
connection with convalescent leave.
``481b. Travel and transportation allowances: travel performed in
connection with leave between consecutive
overseas tours.
``481c. Travel and transportation allowances: travel performed in
connection with rest and recuperative leave
from certain stations in foreign countries.
``481d. Travel and transportation allowances: transportation incident
to personal emergencies for certain members
and dependents.
``481e. Travel and transportation allowances: transportation incident
to certain emergencies for members
performing temporary duty.
``481f. Travel and transportation allowances: transportation for
survivors of deceased member to attend the
member's burial ceremonies.
``481h. Travel and transportation allowances: transportation of
designated individuals incident to
hospitalization of members for treatment of
wounds, illness, or injury.
``481i. Travel and transportation allowances: parking expenses.
``481j. Travel and transportation allowances: transportation of family
members incident to the repatriation of
members held captive.
``481k. Travel and transportation allowances: non-medical attendants
for members determined to be very seriously
or seriously wounded, ill, or injured.
``481l. Travel and transportation allowances: attendance of members and
others at Yellow Ribbon Reintegration
Program events.
``484. Travel and transportation: dependents of members in a missing
status; household and personal effects;
trailers; additional movements; motor
vehicles; sale of bulky items; claims for
proceeds; appropriation chargeable.
``488. Allowance for recruiting expenses.
``489. Travel and transportation allowances: minor dependent schooling.
``490. Travel and transportation: dependent children of members
stationed overseas.
``491. Benefits for certain members assigned to the Defense
Intelligence Agency.
``492. Travel and transportation: members escorting certain dependents.
``494. Subsistence reimbursement relating to escorts of foreign arms
control inspection teams.
``495. Funeral honors duty: allowance.
``SUBCHAPTER I--TRAVEL AND TRANSPORTATION AUTHORITIES--NEW LAW
``Sec. 451. Definitions
``(a) Definitions Relating to Persons.--In this subchapter and
subchapter II:
``(1) The term `administering Secretary' or `administering
Secretaries' means the following:
``(A) The Secretary of Defense, with respect to the
armed forces (including the Coast Guard when it is
operating as a service in the Navy).
``(B) The Secretary of Homeland Security, with
respect to the Coast Guard when it is not operating as
a service in the Navy.
``(C) The Secretary of Commerce, with respect to
the National Oceanic and Atmospheric Administration.
``(D) The Secretary of Health and Human Services,
with respect to the Public Health Service.
``(2) The term `authorized traveler' means a person who is
authorized travel and transportation allowances when performing
official travel ordered or authorized by the administering
Secretary. Such term includes the following:
``(A) A member of the uniformed services.
``(B) A family member of a member of the uniformed
services.
``(C) A person acting as an escort or attendant for
a member or family member who is traveling on official
travel or is traveling with the remains of a deceased
member.
``(D) A person who participates in a military
funeral honors detail.
``(E) A Senior Reserve Officers' Training Corps
cadet or midshipman.
``(F) An applicant or rejected applicant for
enlistment.
``(G) Any person whose employment or service is
considered directly related to a Government official
activity or function under regulations prescribed under
section 464 of this title.
``(H) Any other person not covered by subparagraphs
(A) through (G) who is determined by the administering
Secretary pursuant to regulations prescribed under
section 464 of this title as warranting the provision
of travel benefits for purposes of a particular travel
incident.
``(3) The term `family member', with respect to a member of
the uniformed services, means the following:
``(A) A dependent.
``(B) A child, as defined in section 401(b)(1) of
this title.
``(C) A parent, as defined in section 401(b)(2) of
this title.
``(D) A sibling of the member.
``(E) A former spouse of the member.
``(F) Any person not covered by subparagraphs (A)
through (E) who is in a category specified in
regulations prescribed under section 464 of this title
as having an association, connection, or affiliation
with a member or the family of a member, including any
person specifically designated by a member to receive
travel benefits for a particular purpose.
``(4) The term `dependent', with respect to a member of the
uniformed services, has the meaning given that term in section
401(a) of this title.
``(b) Definitions Relating to Travel and Transportation
Allowances.--In this subchapter and subchapter II:
``(1) The term `official travel' means the following:
``(A) Military duty or official business performed
by an authorized traveler away from a duty assignment
location or other authorized location.
``(B) Travel performed by an authorized traveler
ordered to relocate from a permanent duty station to
another permanent duty station.
``(C) Travel performed by an authorized traveler
ordered to the first permanent duty station, or
separated or retired from uniformed service.
``(D) Local travel in or around the temporary duty
or permanent duty station.
``(E) Other travel as authorized or ordered by the
administering Secretary.
``(2) The term `actual and necessary expenses' means
expenses incurred in fact by an authorized traveler as a
reasonable consequence of official travel.
``(3) The term `travel allowances' means the daily lodging,
meals, and other related expenses, including relocation
expenses, incurred by an authorized traveler while on official
travel.
``(4) The term `transportation allowances' means the costs
of temporarily or permanently moving an authorized traveler,
the personal property of an authorized traveler, or a
combination thereof.
``(5) The term `transportation-, lodging-, or meals-in-
kind' means transportation, lodging, or meals provided by the
Government without cost to an authorized traveler.
``(6) The term `miscellaneous expenses' means authorized
expenses incurred in addition to authorized allowances during
the performance of official travel by an authorized traveler.
``(7) The term `personal property', with respect to
transportation allowances, includes baggage, furniture, and
other household items, clothing, privately owned vehicles,
house trailers, mobile homes, and any other personal items that
would not otherwise be prohibited by any other provision of law
or regulation prescribed under section 464 of this title.
``(8) The term `relocation allowances' means the costs
associated with relocating a member of the uniformed services
and the member's dependents between an old and new temporary or
permanent duty assignment location or other authorized
location.
``(9) The term `dislocation allowances' means the costs
associated with relocation of the household of a member of the
uniformed services and the member's dependents in relation to a
change in the member's permanent duty assignment location
ordered for the convenience of the Government or incident to an
evacuation.
``Sec. 452. Allowable travel and transportation: general authorities
``(a) In General.--Except as otherwise prohibited by law, a member
of the uniformed services or other authorized traveler may be provided
transportation-, lodging-, or meals-in-kind, or actual and necessary
expenses of travel and transportation, for, or in connection with,
official travel under circumstances as specified in regulations
prescribed under section 464 of this title.
``(b) Specific Circumstances.--The authority under subsection (a)
includes travel under or in connection with, but not limited to, the
following circumstances, to the extent specified in regulations
prescribed under section 464 of this title:
``(1) Temporary duty that requires travel between a
permanent duty assignment location and another authorized
temporary duty location, and travel in or around the temporary
duty location.
``(2) Permanent change of station that requires travel
between an old and new temporary or permanent duty assignment
location or other authorized location.
``(3) Temporary duty or assignment relocation related to
consecutive overseas tours or in-place-consecutive overseas
tours.
``(4) Recruiting duties for the armed forces.
``(5) Assignment or detail to another Government department
or agency.
``(6) Rest and recuperative leave.
``(7) Convalescent leave.
``(8) Reenlistment leave.
``(9) Reserve component inactive-duty training performed
outside the normal commuting distance of the member's permanent
residence.
``(10) Ready Reserve muster duty.
``(11) Unusual, extraordinary, hardship, or emergency
circumstances.
``(12) Presence of family members at a military medical
facility incident to the illness or injury of members.
``(13) Presence of family members at the repatriation of
members held captive.
``(14) Presence of non-medical attendants for very
seriously or seriously wounded, ill, or injured members.
``(15) Attendance at Yellow Ribbon Reintegration Program
events.
``(16) Missing status, as determined by the Secretary
concerned under chapter 10 of this title.
``(17) Attendance at or participation in international
sports competitions described under section 717 of title 10.
``(c) Matters Included.--Travel and transportation allowances which
may be provided under subsection (a) include the following:
``(1) Allowances for transportation, lodging, and meals.
``(2) Dislocation or relocation allowances paid in
connection with a change in a member's temporary or permanent
duty assignment location.
``(3) Other related miscellaneous expenses.
``(d) Mode of Providing Travel and Transportation Allowances.--Any
authorized travel and transportation may be provided--
``(1) as an actual expense;
``(2) as an authorized allowance;
``(3) in-kind; or
``(4) using a combination of the authorities under
paragraphs (1), (2), and (3).
``(e) Travel and Transportation Allowances When Travel Orders Are
Modified, etc.--An authorized traveler whose travel and transportation
order or authorization is canceled, revoked, or modified may be allowed
actual and necessary expenses or travel and transportation allowances
in connection with travel performed pursuant to such order or
authorization before such order or authorization is cancelled, revoked,
or modified.
``(f) Advance Payments.--An authorized traveler may be allowed
advance payments for authorized travel and transportation allowances.
``(g) Responsibility for Unauthorized Expenses.--Any unauthorized
travel or transportation expense is not the responsibility of the
United States.
``(h) Relationship to Other Authorities.--The administering
Secretary may not provide payment under this section for an expense for
which payment may be provided from any other appropriate Government or
non-Government entity.
``Sec. 453. Allowable travel and transportation: specific authorities
``(a) In General.--In addition to any other authority for the
provision of travel and transportation allowances, the administering
Secretaries may provide travel and transportation allowances under this
subchapter in accordance with this section.
``(b) Authorized Absence From Temporary Duty Location.--An
authorized traveler may be paid travel and transportation allowances,
or reimbursed for actual and necessary expenses of travel, incurred at
a temporary duty location during an authorized absence from that
location.
``(c) Movement of Personal Property.--(1) A member of a uniformed
service may be allowed moving expenses and transportation allowances
for self and dependents associated with the movement of personal
property and household goods, including such expenses when associated
with a self-move.
``(2) The authority in paragraph (1) includes the movement and
temporary and non-temporary storage of personal property, household
goods, and privately owned vehicles (but not to exceed one privately
owned vehicle per member household) in connection with the temporary or
permanent move between authorized locations.
``(3) For movement of household goods, the administering
Secretaries shall prescribe weight allowances in regulations under
section 464 of this title. The prescribed weight allowances may not
exceed 18,000 pounds (including packing, crating, and household goods
in temporary storage), except that the administering Secretary may, on
a case-by-case basis, authorize additional weight allowances as
necessary.
``(4) The administering Secretary may prescribe the terms, rates,
and conditions that authorize a member of the uniformed services to
ship or store a privately owned vehicle.
``(5) No carrier, port agent, warehouseman, freight forwarder, or
other person involved in the transportation of property may have any
lien on, or hold, impound, or otherwise interfere with, the movement of
baggage and household goods being transported under this section.
``(d) Unusual or Emergency Circumstances.--An authorized traveler
may be provided travel and transportation allowances under this section
for unusual, extraordinary, hardship, or emergency circumstances,
including circumstances warranting evacuation from a permanent duty
assignment location.
``(e) Particular Separation Provisions.--The administering
Secretary may provide travel-in-kind and transportation-in-kind for the
following persons in accordance with regulations prescribed under
section 464 of this title:
``(1) A member who is retired, or is placed on the
temporary disability retired list, under chapter 61 of title
10.
``(2) A member who is retired with pay under any other law
or who, immediately following at least eight years of
continuous active duty with no single break therein of more
than 90 days, is discharged with separation pay or is
involuntarily released from active duty with separation pay or
readjustment pay.
``(3) A member who is discharged under section 1173 of
title 10.
``(f) Attendance at Memorial Ceremonies and Services.--A family
member or member of the uniformed services who attends a deceased
member's repatriation, burial, or memorial ceremony or service may be
provided travel and transportation allowances to the extent provided in
regulations prescribed under section 464 of this title.
``Sec. 454. Travel and transportation: pilot programs
``(a) Pilot Programs.--Except as otherwise prohibited by law, the
Secretary of Defense may conduct pilot programs to evaluate alternative
travel and transportation programs, policies, and processes for
Department of Defense authorized travelers. Any such pilot program
shall be designed to enhance cost savings or other efficiencies that
accrue to the Government and be conducted so as to evaluate one or more
of the following:
``(1) Alternative methods for performing and reimbursing
travel.
``(2) Means for limiting the need for travel.
``(3) Means for reducing the environmental impact of
travel.
``(b) Limitations.--(1) Not more than three pilot programs may be
carried out under subsection (a) at any one time.
``(2) The duration of a pilot program may not exceed four years.
``(3) The authority to carry out a pilot program is subject to the
availability of appropriated funds.
``(c) Reports.--(1) Not later than 30 days before the commencement
of a pilot program under subsection (a), the Secretary shall submit to
the congressional defense committees a report on the pilot program. The
report on a pilot program under this paragraph shall set forth a
description of the pilot program, including the following:
``(A) The purpose of the pilot program.
``(B) The duration of the pilot program.
``(C) The cost savings or other efficiencies anticipated to
accrue to the Government under the pilot program.
``(2) Not later than 60 days after the completion of a pilot
program, the Secretary shall submit to the congressional defense
committees a report on the pilot program. The report on a pilot program
under this paragraph shall set forth the following:
``(A) A description of results of the pilot program.
``(B) Such recommendations for legislative or
administrative action as the Secretary considers appropriate in
light of the pilot program.
``(d) Congressional Defense Committees Defined.--In this section,
the term `congressional defense committees' has the meaning given that
term in section 101(a)(16) of title 10.
``SUBCHAPTER II--ADMINISTRATIVE PROVISIONS
``Sec. 461. Relationship to other travel and transportation authorities
``An authorized traveler may not be paid travel and transportation
allowances or receive travel-in-kind and transportation-in-kind, or a
combination thereof, under both subchapter I and subchapter III for
official travel performed under a single or related travel and
transportation order or authorization by the administering Secretary.
``Sec. 462. Travel and transportation allowances paid to members that
are unauthorized or in excess of authorized amounts:
requirement for repayment
``(a) Repayment Required.--Except as provided in subsection (b), a
member of the uniformed services or other person who is paid travel and
transportation allowances under subchapter I shall repay to the United
States any amount of such payment that is determined to be unauthorized
or in excess of the applicable authorized amount.
``(b) Exception.--The regulations prescribed under section 464 of
this title shall specify procedures for determining the circumstances
under which an exception to repayment otherwise required by subsection
(a) may be granted.
``(c) Effect of Bankruptcy.--An obligation to repay the United
States under this section is, for all purposes, a debt owed the United
States. A discharge in bankruptcy under title 11 does not discharge a
person from such debt if the discharge order is entered less than five
years after the date on which the debt was incurred.
``Sec. 463. Programs of compliance; electronic processing of travel
claims
``(a) Programs of Compliance.--The administering Secretaries shall
provide for compliance with the requirements of this chapter through
programs of compliance established and maintained for that purpose.
``(b) Elements.--The programs of compliance under subsection (a)
shall--
``(1) minimize the provision of benefits under this chapter
based on inaccurate claims, unauthorized claims, overstated or
inflated claims, and multiple claims for the same benefits
through the electronic verification of travel claims on a near-
time basis and such other means as the administering
Secretaries may establish for purposes of the programs of
compliance; and
``(2) ensure that benefits provided under this chapter do
not exceed reasonable or actual and necessary expenses of
travel claimed or reasonable allowances based on commercial
travel rates.
``(c) Electronic Processing of Travel Claims.--(1) By not later
than the date that is five years after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2012, any travel
claim under this chapter shall be processed electronically.
``(2) The administering Secretary, or the Secretary's designee, may
waive the requirement in paragraph (1) with respect to a particular
claim in the interests of the department concerned.
``(3) The electronic processing of claims under this subsection
shall be subject to the regulations prescribed by the Secretary of
Defense under section 464 of this title which shall apply uniformly to
all members of the uniformed services and, to the extent practicable,
to all other authorized travelers.
``Sec. 464. Regulations
``This subchapter and subchapter I shall be administered under
terms, rates, conditions, and regulations prescribed by the Secretary
of Defense in consultation with the other administering Secretaries for
members of the uniformed services. Such regulations shall be uniform
for the Department of Defense and shall apply as uniformly as
practicable to the uniformed services under the jurisdiction of the
other administering Secretaries.
``SUBCHAPTER III--TRAVEL AND TRANSPORTATION AUTHORITIES--OLD LAW
``Sec. 471. Travel authorities transition expiration date
``In this subchapter, the term `travel authorities transition
expiration date' means the last day of the 10-year period beginning on
the first day of the first month beginning after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2012.
``Sec. 472. Definitions and other incorporated provisions of chapter 7
``(a) Definitions.--The provisions of section 401 of this title
apply to this subchapter.
``(b) Other Provisions.--The provisions of sections 421 and 423 of
this title apply to this subchapter.''.
(c) Repeal of Obsolete Authority.--Section 411g of title 37, United
States Code, is repealed.
(d) Transfer of Sections.--
(1) Transfer to subchapter i.--Section 412 of title 37,
United States Code, is transferred to chapter 8 of such title,
as added by subsection (b), inserted after section 454, and
redesignated as section 455.
(2) Transfer of current chapter 7 authorities to subchapter
iii.--Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b,
406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h
through 411l, 428 through 432, 434, and 435 of such title are
transferred (in that order) to chapter 8 of such title, as
added by subsection (b), inserted after section 472, and
redesignated as follows:
Section: Redesignated Section:
404 474
404a 474a
404b 474b
405 475
405a 475a
406 476
406a 476a
406b 476b
406c 476c
407 477
408 478
408a 478a
409 479
410 480
411 481
411a 481a
411b 481b
411c 481c
411d 481d
411e 481e
411f 481f
411h 481h
411i 481i
411j 481j
411k 481k
411l 481l
428 488
429 489
430 490
432 492
434 494
435 495
(3) Transfer of section 554.--Section 554 of such title is
transferred to chapter 8 of such title, as added by subsection
(b), inserted after section 481l (as transferred and
redesignated by paragraph (2)), and redesignated as section
484.
(e) Sunset of Old-Law Authorities.--Provisions of subchapter III of
chapter 8 of title 37, United States Code, as transferred and
redesignated by paragraphs (2) and (3) of subsection (c), are amended
as follows:
(1) Section 474 is amended by adding at the end the
following new subsection:
``(k) No travel and transportation allowance or reimbursement may
be provided under this section for travel that begins after the travel
authorities transition expiration date.''.
(2) Section 474a is amended by adding at the end the
following new subsection:
``(f) Termination.--No payment or reimbursement may be provided
under this section with respect to a change of permanent station for
which orders are issued after the travel authorities transition
expiration date.''.
(3) Section 474b is amended by adding at the end the
following new subsection:
``(e) Termination.--No payment or reimbursement may be provided
under this section with respect to an authorized absence that begins
after the travel authorities transition expiration date.''.
(4) Section 475 is amended by adding at the end the
following new subsection:
``(f) Termination.--During and after the travel authorities
expiration date, no per diem may be paid under this section for any
period.''.
(5) Section 475a is amended by adding at the end the
following new subsection:
``(c) During and after the travel authorities expiration date, no
allowance under subsection (a) or transportation or reimbursement under
subsection (b) may be provided with respect to an authority or order to
depart.''.
(6) Section 476 is amended by adding at the end the
following new subsection:
``(n) No transportation, reimbursement, allowance, or per diem may
be provided under this section--
``(1) with respect to a change of temporary or permanent
station for which orders are issued after the travel
authorities transition expiration date; or
``(2) in a case covered by this section when such orders
are not issued, with respect to a movement of baggage or
household effects that begins after such date.''.
(7) Section 476a is amended--
(A) by inserting ``(a) Authority.--'' before
``Under uniform regulations''; and
(B) by adding at the end the following new
subsection:
``(b) Termination.--No transportation or travel or transportation
allowance may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(8) Section 476b is amended by adding at the end the
following new subsection:
``(e) No transportation or allowance may be provided under this
section for travel that begins after the travel authorities transition
expiration date.''.
(9) Section 476c is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation or allowance may be provided
under this section for travel that begins after the travel authorities
transition expiration date.''.
(10) Section 477 is amended by adding at the end the
following new subsection:
``(i) Termination.--No dislocation allowance may be paid under this
section for a move that begins after the travel authorities transition
expiration date.''.
(11) Section 478 is amended by adding at the end the
following new subsection:
``(c) No travel or transportation allowance, payment, or
reimbursement may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(12) Section 478a(e) is amended by striking ``December 31,
2011'' and inserting ``the travel authorities transition
expiration date''.
(13) Section 479 is amended by adding at the end the
following new subsection:
``(e) No transportation of a house trailer or mobile home, or
storage or payment in connection therewith, may be provided under this
section for transportation that begins after the travel authorities
transition expiration date.''.
(14) Section 480 is amended by adding at the end the
following new subsection:
``(c) No travel or transportation allowance may be provided under
this section for travel that begins after the travel authorities
transition expiration date.''.
(15) Section 481 is amended by adding at the end the
following new subsection:
``(e) The regulations prescribed under this section shall cease to
be in effect as of the travel authorities transition expiration
date.''.
(16) Section 481a is amended by adding at the end the
following new subsection:
``(c) No travel and transportation allowance may be provided under
this section for travel that is authorized after the travel authorities
transition expiration date.''.
(17) Section 481b is amended by adding at the end the
following new subsection:
``(d) Termination.--No travel and transportation allowance may be
provided under this section for travel that is authorized after the
travel authorities transition expiration date.''.
(18) Section 481c is amended by adding at the end the
following new subsection:
``(c) No transportation may be provided under this section after
the travel authorities transition expiration date, and no payment may
be made under this section for transportation that begins after that
date.''.
(19) Section 481d is amended by adding at the end the
following new subsection:
``(d) No transportation may be provided under this section after
the travel authorities transition expiration date.''.
(20) Section 481e is amended by adding at the end the
following new subsection:
``(c) No travel and transportation allowance or reimbursement may
be provided under this section for travel that begins after the travel
authorities transition expiration date.''.
(21) Section 481f is amended by adding at the end the
following new subsection:
``(h) Termination.--No travel and transportation allowance or
reimbursement may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(22) Section 481h is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(23) Section 481i is amended by adding at the end the
following new subsection:
``(c) Termination.--No reimbursement may be provided under this
section for expenses incurred after the travel authorities transition
expiration date.''.
(24) Section 481j is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(25) Section 481k is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(26) Section 481l is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(27) Section 484 is amended by adding at the end the
following new subsection:
``(k) No transportation, allowance, or reimbursement may be
provided under this section for a move that begins after the travel
authorities transition expiration date.''.
(28) Section 488 is amended--
(A) by inserting ``(a) Authority.--'' before ``In
addition''; and
(B) by adding at the end the following new
subsection:
``(b) Termination.--No reimbursement may be provided under this
section for expenses incurred after the travel authorities transition
expiration date.''.
(29) Section 489 is amended--
(A) by inserting ``(a) Authority.--'' before ``In
addition''; and
(B) by adding at the end the following new
subsection:
``(b) Termination.--No transportation or allowance may be provided
under this section for travel that begins after the travel authorities
transition expiration date.''.
(30) Section 490 is amended by adding at the end the
following new subsection:
``(g) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(31) Section 492 is amended by adding at the end the
following new subsection:
``(c) No transportation or allowance may be provided under this
section for travel that begins after the travel authorities transition
expiration date.''.
(32) Section 494 is amended by adding at the end the
following new subsection:
``(d) Termination.--No reimbursement may be provided under this
section for expenses incurred after the travel authorities transition
expiration date.''.
(33) Section 495 is amended by adding at the end the
following new subsection:
``(c) Termination.--No allowance may be paid under this section for
any day after the travel authorities transition expiration date.''.
(f) Technical and Clerical Amendments.--
(1) Chapter heading.--The heading of chapter 7 of such
title is amended to read as follows: ``CHAPTER 7--ALLOWANCES
OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES''.
(2) Table of chapters.--The table of chapter preceding
chapter 1 of such title is amended by striking the item
relating to chapter 7 and inserting the following:
``7. Allowances Other Than Travel and Transportation 401
Allowances.
``8. Travel and Transportation Allowances................... 451''.
(3) Tables of sections.--
(A) The table of sections at the beginning of
chapter 7 of such title is amended by striking the
items relating to sections 404 through 412, 428 through
432, 434, and 435.
(B) The table of sections at the beginning of
chapter 9 of such title is amended by striking the item
relating to section 554.
(4) Cross-references.--
(A) Any section of title 10 or 37, United States
Code, that includes a reference to a section of title
37 that is transferred and redesignated by subsection
(c) is amended so as to conform the reference to the
section number of the section as so redesignated.
(B) Any reference in a provision of law other than
a section of title 10 or 37, United States Code, to a
section of title 37 that is transferred and
redesignated by subsection (c) is deemed to refer to
the section as so redesignated.
SEC. 622. TRANSITION PROVISIONS.
(a) Implementation Plan.--The Secretary of Defense shall develop a
plan to implement subchapters I and II of chapter 8 of title 37, United
States Code (as added by section 621(b) of this Act), and to transition
all of the travel and transportation programs for members of the
uniformed services under chapter 7 of title 37, United States Code,
solely to provisions of those subchapters by the end of the transition
period.
(b) Authority for Modifications to Old-Law Authorities During
Transition Period.--During the transition period, the Secretary of
Defense and the Secretaries concerned, in using the authorities under
subchapter III of chapter 8 of title 37, United States Code (as so
added), may apply those authorities subject to the terms of such
provisions and such modifications as the Secretary of Defense may
include in the implementation plan required under subsection (a) or in
any subsequent modification to that implementation plan.
(c) Coordination.--The Secretary of Defense shall prepare the
implementation plan under subsection (a) and any modification to that
plan under subsection (b) in coordination with--
(1) the Secretary of Homeland Security, with respect to the
Coast Guard;
(2) the Secretary of Health and Human Services, with
respect to the commissioned corps of the Public Health Service;
and
(3) the Secretary of Commerce, with respect to the National
Oceanic and Atmospheric Administration.
(d) Program of Compliance.--The Secretary of Defense and the other
administering Secretaries shall commence the operation of the programs
of compliance required by section 463 of title 37, United States Code
(as so added), by not later than one year after the date of the
enactment of this Act.
(e) Transition Period.--In this section, the term ``transition
period'' means the 10-year period beginning on the first day of the
first month beginning after the date of the enactment of this Act.
Subtitle C--Disability, Retired Pay, and Survivor Benefits
SEC. 631. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS'
GROUP LIFE INSURANCE FOR MEMBERS OF THE ARMED FORCES
MARRIED TO OTHER MEMBERS.
Section 1967(a)(1) of title 38, United States Code, is amended--
(1) in subparagraph (A)(ii), by inserting after ``insurable
dependent of the member'' the following: ``(other than a
dependent who is also a member of a uniformed service and,
because of such membership, automatically insured under this
paragraph)''; and
(2) in subparagraph (C)(ii), by inserting after ``insurable
dependent of the member'' the following: ``(other than a
dependent who is also a member of a uniformed service and,
because of such membership, automatically insured under this
paragraph)''.
SEC. 632. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING REPORT ON
PROVISION OF SPECIAL COMPENSATION FOR MEMBERS OF THE
UNIFORMED SERVICES WITH INJURY OR ILLNESS REQUIRING
ASSISTANCE IN EVERYDAY LIVING.
(a) Limitation on Funds for Travel of USD(PR).--Of the amount
authorized to be appropriated for fiscal year 2012 for the Department
of Defense for operation and maintenance for defense-wide activities as
specified in the funding table in section 4301 and available for
purposes of travel of the Office of the Under Secretary of Defense for
Personnel and Readiness, not more than 50 percent of such amount may be
obligated or expended for such purposes until the Under Secretary of
Defense for Personnel and Readiness submits to the congressional
defense committees a report on the implementation by the Department of
Defense of the authorities in section 439 of title 37, United States
Code, for payment of special compensation for members of the uniformed
services with catastrophic injuries or illnesses requiring assistance
in everyday living.
(b) Elements.--The report described in subsection (a) shall include
a detailed description of the implementation by the Department of the
authorities in section 439 of title 37, United States Code, including
the following:
(1) A description of the criteria established pursuant to
such section for the payment of special compensation under that
section.
(2) An assessment of the training needs of caregivers of
members paid special compensation under that section,
including--
(A) a description of the types of training
currently provided;
(B) a description of additional types of training
that could be provided; and
(C) an assessment whether current Department
programs are adequate to meet such training needs.
SEC. 633. REPEAL OF SENSE OF CONGRESS ON AGE AND SERVICE REQUIREMENTS
FOR RETIRED PAY FOR NON-REGULAR SERVICE.
Section 635 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4241) is repealed.
SEC. 634. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES WHO DIE
DURING AN AUTHORIZED STAY AT THEIR RESIDENCE DURING OR
BETWEEN SUCCESSIVE DAYS OF INACTIVE DUTY TRAINING.
(a) Death Gratuity.--
(1) Payment authorized.--Section 1475(a)(3) of title 10,
United States Code, is amended by inserting before the
semicolon the following: ``or while staying at the Reserve's
residence, when so authorized by proper authority, during the
period of such inactive duty training or between successive
days of inactive duty training''.
(2) Treatment as death during inactive duty training.--
Section 1478(a) of such title is amended--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) A person covered by subsection (a)(3) of section 1475
of this title who died while on authorized stay at the person's
residence during a period of inactive duty training or between
successive days of inactive duty training is considered to have
been on inactive duty training on the date of his death.''.
(b) Recovery, Care, and Disposition of Remains and Related
Benefits.--Section 1481(a)(2) of such title is amended--
(1) by redesignating subparagraph (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) staying at the member's residence, when so
authorized by proper authority, during a period of
inactive duty training or between successive days of
inactive duty training;''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010, and shall apply with respect to deaths that
occur on or after that date.
SEC. 635. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR BENEFITS PLAN
SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d) of such title is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)(B), the Secretary concerned'' and inserting ``The
Secretary concerned''; and
(2) in paragraph (2)--
(A) by striking ``Dependent children.--'' and all
that follows through ``In the case of a member
described in paragraph (1),'' and inserting ``Dependent
children annuity when no eligible surviving spouse.--In
the case of a member described in paragraph (1),''; and
(B) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made by this
section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
Subtitle D--Pay and Allowances
SEC. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR NATIONAL
GUARD MEMBERS WHO TRANSITION BETWEEN ACTIVE DUTY AND
FULL-TIME NATIONAL GUARD DUTY WITHOUT A BREAK IN ACTIVE
SERVICE.
Section 403(g) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(6) The rate of basic allowance for housing to be paid a member
of the Army National Guard of the United States or the Air National
Guard of the United States shall not be reduced upon the transition of
the member from active duty under title 10, United States Code, to
full-time National Guard duty under title 32, United States Code, or
from full-time National Guard duty under title 32, United States Code,
to active duty under title 10, United States Code, when the transition
occurs without a break in active service of at least one calendar
day''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program
SEC. 701. ANNUAL COST-OF-LIVING ADJUSTMENT IN ENROLLMENT FEES IN
TRICARE PRIME.
(a) In General.--Section 1097a of title 10, United States Code, is
amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Cost-of-living Adjustment in Enrollment Fee.--(1) Whenever
after September 30, 2012, the Secretary of Defense increases the
retired pay of members and former members of the armed forces pursuant
to section 1401a of this title, the Secretary shall increase the amount
of the fee payable for enrollment in TRICARE Prime by an amount equal
to the percentage of such fee payable on the day before the date of the
increase of such fee that is equal to the percentage increase in such
retired pay. In determining the amount of the increase in such retired
pay for purposes of this subsection, the Secretary shall use the amount
computed pursuant to section 1401a(b)(2) of this title. The increase in
such fee shall be effective as of January 1 following the date of the
increase in such retired pay.
``(2) The Secretary shall publish in the Federal Register the
amount of the fee payable for enrollment in TRICARE Prime whenever
increased pursuant to this subsection.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1097a. TRICARE Prime: automatic enrollment; enrollment fee;
payment options''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by striking
the item relating to section 1097a and inserting the following
new item:
``1097a. TRICARE Prime: automatic enrollment; enrollment fee; payment
options.''.
SEC. 702. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS UNDER THE
TRICARE PROGRAM.
Section 1097b(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In establishing rates and procedures for reimbursement of
providers and other administrative requirements, including those
contained in provider network agreements, the Secretary shall to the
extent practicable maintain adequate networks of providers, including
institutional, professional, and pharmacy. Network providers under such
provider network agreements are not considered subcontractors for
purposes of the Federal Acquisition Regulation or any other law.''.
SEC. 703. TRANSITION ENROLLMENT OF UNIFORMED SERVICES FAMILY HEALTH
PLAN MEDICARE-ELIGIBLE RETIREES TO TRICARE FOR LIFE.
Section 724(e) of the National Defense Authorization Act for Fiscal
Year 1997 (10 U.S.C. 1073 note) is amended--
(1) by striking ``If a covered beneficiary'' and inserting
``(1) Except as provided in paragraph (2), if a covered
beneficiary''; and
(2) by adding at the end the following new paragraph:
``(2) After September 30, 2011, a covered beneficiary (other than a
beneficiary under section 1079 of title 10, United States Code) who is
also entitled to hospital insurance benefits under part A of title
XVIII of the Social Security Act due to age may not enroll in the
managed care program of a designated provider unless the beneficiary
was enrolled in that program on September 30, 2011.''.
SEC. 704. MODIFICATION OF AUTHORITIES ON SURVEYS ON CONTINUED VIABILITY
OF TRICARE STANDARD AND TRICARE EXTRA.
(a) Scope of Certain Surveys.--Subsection (a)(3)(A) of section 711
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 190; 10 U.S.C. 1073 note) by striking ``2011''
and inserting ``2015''.
(b) Frequency of Submittal of GAO Reviews.--Subsection (b)(2) of
such section is amended by striking ``bi-annual basis'' and inserting
``biennial basis''.
SEC. 705. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS UNDER THE
TRICARE PROGRAM FOR CARE PROVIDED OUTSIDE THE UNITED
STATES.
Section 1106(b) of title 10, United States Code, is amended by
striking ``not later than'' and all that follows and inserting the
following: ``as follows:
``(1) In the case of services provided outside the United
States, the Commonwealth of Puerto Rico, or the possessions of
the United States, by not later than three years after the
services are provided.
``(2) In the case of any other services, by not later than
one year after the services are provided.''.
Subtitle B--Other Health Care Benefits
SEC. 711. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-
SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE
LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES.
Section 1040(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) For purposes of paragraph (1), required medical attention
of a dependent includes, in the case of a dependent authorized to
accompany a member at a location described in that paragraph,
obstetrical anesthesia services for childbirth equivalent to the
obstetrical anesthesia services for childbirth available in a military
treatment facility in the United States.
``(B) In the case of a dependent at a remote location outside the
continental United States who elects services described in subparagraph
(A) and for whom air transportation would be needed to travel under
paragraph (1) to the nearest appropriate medical facility in which
adequate medical care is available, the Secretary may authorize the
dependent to receive transportation under that paragraph to the
continental United States and be treated at the military treatment
facility that can provide appropriate obstetrical services that is
nearest to the closest port of entry into the continental United States
from such remote location.
``(C) The second through sixth sentences of paragraph (1) shall
apply to a dependent provided transportation by reason of this
paragraph.
``(D) The total cost incurred by the United States for the
provision of transportation and expenses (including per diem) with
respect to a dependent by reason of this paragraph may not exceed the
cost the United States would otherwise incur for the provision of
transportation and expenses with respect to that dependent under
paragraph (1) if the transportation and expenses were provided to that
dependent without regard to this paragraph.
``(E) The authority under this paragraph shall expire on September
30, 2016.''.
SEC. 712. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS WITH
EXTENSION OF ACTIVE DUTY FOLLOWING ACTIVE DUTY IN SUPPORT
OF A CONTINGENCY OPERATION.
Section 1145(a)(4) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``For purposes of the
preceding sentence, in the case of a member on active duty as described
in subparagraph (B), (C), or (D) of paragraph (2) who, without a break
in service, is extended on active duty for any reason, the 180-day
period shall begin on the date on which the member is separated from
such extended active duty.''.
SEC. 713. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL HEALTH
EVALUATIONS FOR MEMBERS OF THE ARMED FORCES.
(a) Codification and Improvement of Procedures.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1090 the following
new section:
``Sec. 1090a. Commanding officer and supervisor referrals of members
for mental health evaluations
``(a) Regulations.--The Secretary of Defense shall prescribe and
maintain regulations relating to commanding officer and supervisor
referrals of members of the armed forces for mental health evaluations.
The regulations shall incorporate the requirements set forth in
subsections (b), (c), and (d) and such other matters as the Secretary
considers appropriate.
``(b) Reduction of Perceived Stigma.--The regulations required by
subsection (a) shall, to the greatest extent possible--
``(1) seek to eliminate perceived stigma associated with
seeking and receiving mental health services, promoting the use
of mental health services on a basis comparable to the use of
other medical and health services; and
``(2) clarify the appropriate action to be taken by
commanders or supervisory personnel who, in good faith, believe
that a subordinate may require a mental health evaluation.
``(c) Procedures for Inpatient Evaluations.--The regulations
required by subsection (a) shall provide that, when a commander or
supervise determines that it is necessary to refer a member of the
armed forces for a mental health evaluation--
``(1) the mental health evaluation shall only be conducted
on an inpatient basis if and when such an evaluation cannot
appropriately or reasonably be conducted on an outpatient
basis, in accordance with the least restrictive alternative
principle; and
``(2) only a psychiatrist, or, in cases in which a
psychiatrist is not available, another mental health
professional or a physician, may admit the member pursuant to
the referral for a mental health evaluation to be conducted on
an inpatient basis.
``(d) Prohibition on Use of Referrals for Mental Health Evaluations
To Retaliate Against Whistleblowers.--(1) The regulations required by
subsection (a) shall provide that no person may refer a member of the
armed forces for a mental health evaluation as a reprisal for making or
preparing a lawful communication of the type described in section
1034(c)(2) of this title, and applicable regulations. For purposes of
this subsection, such communication also shall include a communication
to any appropriate authority in the chain of command of the member.
``(2) Such regulations shall provide that a referral for a mental
health evaluation by a commander or supervisor, when taken as a
reprisal for a communication referred to in paragraph (1), may be the
basis for a proceeding under section 892 of this title (article 92 of
the Uniform Code of Military Justice). Persons not subject to chapter
47 of this title (the Uniform Code of Military Justice) who fail to
comply with the provisions of this section are subject to adverse
administrative action.
``(3)(A) No person may restrict a member of the armed forces in
communicating with an Inspector General, attorney, member of Congress,
or others about the referral of a member of the armed forces for a
mental health evaluation.
``(B) Subparagraph (A) does not apply to a communication that is
unlawful.
``(e) Definitions.--In this section:
``(1) The term `Inspector General' means the following:
``(A) An Inspector General appointed under the
Inspector General Act of 1978 (5 U.S.C. App.).
``(B) An officer of the armed forces assigned or
detailed under regulations of the Secretary concerned
to serve as an Inspector General at any command level
in one of the armed forces.
``(2) The term `mental health professional' means a
psychiatrist or clinical psychologist, a person with a
doctorate in clinical social work, or a psychiatric clinical
nurse specialist.
``(3) The term `mental health evaluation' means a
psychiatric examination or evaluation, a psychological
examination or evaluation, an examination for psychiatric or
psychological fitness for duty, or any other means of assessing
the state of mental health of a member of the armed forces.
``(4) The term `least restrictive alternative principle'
means a principle under which a member of the armed forces
committed for hospitalization and treatment shall be placed in
the most appropriate and therapeutic available setting--
``(A) that is no more restrictive than is conducive
to the most effective form of treatment; and
``(B) in which treatment is available and the risks
of physical injury or property damage posed by such
placement are warranted by the proposed plan of
treatment.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1090 the following new item:
``1090a. Commanding officer and supervisor referrals of members for
mental health evaluations.''.
(b) Conforming Repeal.--Section 546 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2416; 10 U.S.C. 1074 note) is repealed.
Subtitle C--Health Care Administration
SEC. 721. EXPANSION OF STATE LICENSURE EXCEPTIONS FOR CERTAIN MENTAL
HEALTH-CARE PROFESSIONALS.
Section 1094(d) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end the following new
subparagraph:
``(B) Notwithstanding any law regarding the licensure of health
care providers, a health-care professional described in paragraph (4)
may perform the duties relating to mental health care specified in the
regulations under subparagraph (B) of that paragraph at any location in
any State, the District of Columbia, or a Commonwealth, territory or
possession of the United States, regardless of where such health-care
professional or the patient are located, so long as the practice is
within the scope of the authorized Federal duties specified in that
subparagraph.'';
(2) in paragraphs (2) and (3), by striking ``paragraph
(1)'' and inserting ``paragraph (1)(A)''; and
(3) by adding at the end the following new paragraph:
``(4) A health-care professional referred to in paragraph (1)(B) is
a member of the armed forces, civilian employee of the Department of
Defense, personal services contractor under section 1091 of this title,
or other health-care professional credentialed and privileged at a
Federal health care institution or location specially designated by the
Secretary for purposes of that paragraph who--
``(A) has a current license to practice medicine,
osteopathic medicine, or another health profession; and
``(B) is performing such authorized duties relating to
mental health care for the Department of Defense as the
Secretary shall prescribe in regulations for purposes of this
paragraph.''.
SEC. 722. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
(a) In General.--Section 1102(j) of title 10, United States Code,
is amended--
(1) in paragraph (1), by striking ``any activity carried
out'' and inserting ``any peer review activity carried out'';
and
(2) by adding at the end the following new paragraph:
``(4) The term `peer review' means an assessment of
professional performance by professionally-equivalent health
care providers.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2012.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE APPROVAL FOR
CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS EXPERIENCING
CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY PURCHASED.
Section 2433a(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) The requirements of subparagraphs (B) and (C) of paragraph
(1) shall not apply to a program or subprogram if--
``(i) the Milestone Decision Authority determines in
writing, on the basis of a cost assessment and root cause
analysis conducted pursuant to subsection (a), that--
``(I) but for a change in the quantity of items to
be purchased under the program or subprogram, the
program acquisition unit cost or procurement unit cost
for the program or subprogram would not have increased
by a percentage equal to or greater than the cost
growth thresholds for the program or subprogram set
forth in subparagraph (B); and
``(II) the change in quantity of items described in
subclause (I) was not made as a result of an increase
in program cost, a delay in the program, or a problem
meeting program requirements;
``(ii) the Secretary determines in writing that the cost to
the Department of Defense of complying with such requirements
is likely to exceed the benefits to the Department of complying
with such requirements; and
``(iii) the Secretary submits to Congress, before the end
of the 60-day period beginning on the day the Selected
Acquisition Report containing the information described in
section 2433(g) of this title is required to be submitted under
section 2432(f) of this title--
``(I) a copy of the written determination under
clause (i) and an explanation of the basis for the
determination; and
``(II) a copy of the written determination under
clause (ii) and an explanation of the basis for the
determination.
``(B) The cost growth thresholds specified in this subparagraph are
as follows:
``(i) In the case of a major defense acquisition program or
designated major defense subprogram, a percentage increase in
the program acquisition unit cost for the program or subprogram
of--
``(I) 5 percent over the program acquisition unit
cost for the program or subprogram as shown in the
current Baseline Estimate for the program or
subprogram; and
``(II) 10 percent over the program acquisition unit
cost for the program or subprogram as shown in the
original Baseline Estimate for the program or
subprogram.
``(ii) In the case of a major defense acquisition program
or designated major defense subprogram that is a procurement
program, a percentage increase in the procurement unit cost for
the program or subprogram of--
``(I) 5 percent over the procurement unit cost for
the program or subprogram as shown in the current
Baseline Estimate for the program or subprogram; and
``(II) 10 percent over the procurement unit cost
for the program or subprogram as shown in the original
Baseline Estimate for the program or subprogram.''.
SEC. 802. MODIFICATION OF CERTAIN REQUIREMENTS OF THE WEAPON SYSTEMS
ACQUISITION REFORM ACT OF 2009.
(a) Repeal of Certification of Compliance of Certain Major Defense
Acquisition Programs With Actions on Treatment of Systemic Problems
Before Milestone Approval.--Subsection (c) of section 204 of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat.
1723; 10 U.S.C. 2366a note) is repealed.
(b) Waiver of Requirement To Review Programs Receiving Waiver or
Certain Certification Requirements.--Section 2366b(d) of title 10,
United States Code, is amended by adding the following new paragraph:
``(3) The requirement in paragraph (2)(B) shall not apply to a
program for which a certification was required pursuant to section
2433a(c) of this title if the milestone decision authority--
``(A) determines in writing that--
``(i) the program has reached a stage in the
acquisition process at which it would not be
practicable to meet the certification component that
was waived; and
``(ii) the milestone decision authority has taken
appropriate alternative actions to address the
underlying purposes of such certification component;
and
``(B) submits the written determination, and an explanation
of the basis for the determination, to the congressional
defense committees.''.
SEC. 803. ASSESSMENT, MANAGEMENT, AND CONTROL OF OPERATING AND SUPPORT
COSTS FOR MAJOR WEAPON SYSTEMS.
(a) Guidance Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance on actions to be taken to assess, manage, and control
Department of Defense costs for the operation and support of major
weapon systems.
(b) Elements.--The guidance required by subsection (a) shall, at a
minimum--
(1) require the military departments to retain each
estimate of operating and support costs that is developed at
any time during the life cycle of a major weapon system,
together with supporting documentation used to develop the
estimate;
(2) require the military departments to update estimates of
operating and support costs periodically throughout the life
cycle of a major weapon system, to determine whether
preliminary information and assumptions remain relevant and
accurate, and identify and record reasons for variances;
(3) establish standard requirements for the collection of
data on operating and support costs for major weapon systems
and require the military departments to revise their Visibility
and Management of Operating and Support Costs (VAMOSC) systems
to ensure that they collect complete and accurate data in
compliance with such requirements and make such data available
in a timely manner;
(4) establish standard requirements for the collection and
reporting of data on operating and support costs for major
weapon systems by contractors performing weapon system
sustainment functions in an appropriate format, and develop
contract clauses to ensure that contractors comply with such
requirements;
(5) require the military departments--
(A) to collect and retain data from operational and
developmental testing and evaluation on the reliability
and maintainability of major weapon systems; and
(B) to use such data to inform system design
decisions, provide insight into sustainment costs, and
inform estimates of operating and support costs for
such systems;
(6) require the military departments to ensure that
sustainment factors are fully considered at key life cycle
management decision points and that appropriate measures are
taken to reduce operating and support costs by influencing
system design early in development, developing sound
sustainment strategies, and addressing key drivers of costs;
(7) require the military departments to conduct an
independent logistics assessment of each major weapon system
prior to key acquisition decision points (including milestone
decisions) to identify features that are likely to drive future
operating and support costs, changes to system design that
could reduce such costs, and effective strategies for managing
such costs;
(8) include--
(A) reliability metrics for major weapon systems;
and
(B) requirements on the use of metrics under
subparagraph (A) as triggers--
(i) to conduct further investigation and
analysis into drivers of those metrics; and
(ii) to develop strategies for improving
reliability, availability, and maintainability
of such systems at an affordable cost; and
(9) require the military departments to conduct periodic
reviews of operating and support costs of major weapon systems
after such systems achieve initial operational capability to
identify and address factors resulting in growth in operating
and support costs and adapt support strategies to reduce such
costs.
(c) Retention of Data on Operating and Support Costs.--
(1) In general.--The Director of Cost Assessment and
Program Evaluation shall be responsible for developing and
maintaining a database on operating and support estimates,
supporting documentation, and actual operating and support
costs for major weapon systems.
(2) Support.--The Secretary of Defense shall ensure that
the Director, in carrying out such responsibility--
(A) promptly receives the results of all cost
estimates and cost analyses conducted by the military
departments with regard to operating and support costs
of major weapon systems;
(B) has timely access to any records and data of
the military departments (including classified and
proprietary information) that the Director considers
necessary to carry out such responsibility; and
(C) with the concurrence of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, may
direct the military departments to collect and retain
information necessary to support the database.
(d) Major Weapon System Defined.--In this section, the term ``major
weapon system'' has the meaning given that term in section 2379(f) of
title 10, United States Code.
SEC. 804. CLARIFICATION OF RESPONSIBILITY FOR COST ANALYSES AND TARGETS
FOR CONTRACT NEGOTIATION PURPOSES.
Section 2334(e) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) in paragraph (1)--
(A) by striking ``shall provide that--'' and all
that follows through ``cost estimates'' and inserting
``shall provide that cost estimates''; and
(B) by striking ``; and'' and inserting a period;
(3) by redesignating subparagraph (B) as paragraph (2) and
indenting such paragraph two ems from the left margin;
(4) in paragraph (2) as redesignated by paragraph (3) of
this section, by striking ``cost analyses and targets'' and
inserting ``The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall, in consultation with the
Director of Cost Assessment and Program Evaluation, develop
policies, procedures, and guidance to ensure that cost analyses
and targets'';
(5) in paragraph (3), as redesignated by paragraph (1) of
this section, by striking ``issued by the Director of Cost
Assessment and Program Evaluation'' and inserting ``issued by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics under paragraph (2)''; and
(6) in paragraph (5), as redesignated by paragraph (1) of
this section, by striking ``paragraph (3)'' and inserting
``paragraph (4)''.
SEC. 805. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON MANAGEMENT OF
MANUFACTURING RISK IN MAJOR DEFENSE ACQUISITION PROGRAMS.
Section 812(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4264; 10 U.S.C.
2430 note) is amended--
(1) by striking ``manufacturing readiness levels'' each
place it appears and inserting ``manufacturing readiness levels
or other manufacturing readiness standards'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) provide for the tailoring of manufacturing readiness
levels or other manufacturing readiness standards to address
the unique characteristics of specific industry sectors or
weapon system portfolios;''.
SEC. 806. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Chief Developmental Tester.--Section 820(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2330), as amended by section 805(c) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 110-181; 123
Stat. 2403), is further amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Chief developmental tester.''.
(b) Responsibilities of Chief Developmental Tester and Lead
Developmental Test and Evaluation Organization.--Section 139b of title
10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Support of Mdaps by Chief Developmental Tester and Lead
Developmental Test and Evaluation Organization.--
``(1) Support.--The Secretary of Defense shall require that
each major defense acquisition program be supported by--
``(A) a chief developmental tester; and
``(B) a governmental test agency, serving as lead
developmental test and evaluation organization for the
program.
``(2) Responsibilities of chief developmental tester.--The
chief developmental tester for a major defense acquisition
program shall be responsible for--
``(A) coordinating the planning, management, and
oversight of all developmental test and evaluation
activities for the program;
``(B) maintaining insight into contractor
activities under the program and overseeing the test
and evaluation activities of other participating
government activities under the program; and
``(C) helping program managers make technically
informed, objective judgments about contractor
developmental test and evaluation results under the
program.
``(3) Responsibilities of lead developmental test and
evaluation organization.--The lead developmental test and
evaluation organization for a major defense acquisition program
shall be responsible for--
``(A) providing technical expertise on testing and
evaluation issues to the chief developmental tester for
the program;
``(B) conducting developmental testing and
evaluation activities for the program, as directed by
the chief developmental tester; and
``(C) assisting the chief developmental tester in
providing oversight of contractors under the program
and in reaching technically informed, objective
judgments about contractor developmental test and
evaluation results under the program.''.
SEC. 807. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR
WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE PROJECTS
WITH FRIENDLY FOREIGN COUNTRIES.
(a) Assessment of Risk Required.--
(1) In general.--Not later than two days after the
President transmits a certification to Congress pursuant to
section 27(f) of the Arms Export Control Act (22 U.S.C.
2767(f)) regarding a proposed cooperative project agreement
that is expected to result in the award of a Department of
Defense contract for the engineering and manufacturing
development of a major weapon system, the Secretary of Defense
shall submit to the Chairmen of the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth a risk assessment of the proposed
cooperative project.
(2) Preparation.--The Secretary shall prepare each report
required by paragraph (1) in consultation with the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, the Assistant Secretary of Defense for Research and
Engineering, and the Director of Cost Assessment and Program
Evaluation of the Department of Defense.
(b) Elements.--The risk assessment on a cooperative project under
subsection (a) shall include the following:
(1) An assessment of the design, technical, manufacturing,
and integration risks associated with developing and procuring
the weapon system to be procured under the cooperative project.
(2) A statement identifying any termination liability that
would be incurred under the development contract to be entered
into under subsection (a)(1), and a statement of the extent to
which such termination liability would not be fully funded by
appropriations available or sought in the fiscal year in which
the agreement for the cooperative project is signed on behalf
of the United States.
(3) An assessment of the advisability of incurring any
unfunded termination liability identified under paragraph (2)
given the risks identified in the assessment under paragraph
(1).
(4) A listing of which, if any, requirements associated
with the oversight and management of a major defense
acquisition program (as prescribed under Department of Defense
Instruction 5000.02 or related authorities) will be waived, or
in any way modified, in carrying out the development contract
to be entered into under (a)(1), and a full explanation why
such requirements need to be waived or modified.
(c) Definitions.--In this section:
(1) The term ``engineering and manufacturing development''
has the meaning given that term in Department of Defense
Instruction 5000.02.
(2) The term ``major weapon system'' has the meaning given
that term in section 2379(f) of title 10, United States Code.
Subtitle B--Acquisition Policy and Management
SEC. 821. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST
PERFORMANCE DATABASES FOR SOURCE SELECTION DECISIONS.
(a) Strategy on Inclusion Required.--Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall develop a strategy for
ensuring that timely, accurate, and complete information on contractor
performance is included in past performance databases used for making
source selection decisions.
(b) Elements.--The strategy required by subsection (a) shall, at a
minimum--
(1) establish standards for the timeliness and completeness
of past performance submissions for purposes of databases
described in subsection (a);
(2) assign responsibility and management accountability for
the completeness of past performance submissions for such
purposes; and
(3) ensure that past performance submissions for such
purposes are consistent with award fee evaluations in cases
where such evaluations have been conducted.
(c) Contractor Comments.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall revise the Defense
Supplement to the Federal Acquisition Regulation to require the
following:
(1) That agency evaluations of contractor past performance
are included in the relevant past performance database as soon
as such evaluations are completed.
(2) That affected contractors are notified in a timely
manner when such agency evaluations are entered into such
database.
(3) That such contractors are afforded a reasonable
opportunity to submit comments, rebutting statements, or
additional information pertaining to such agency evaluations
for inclusion in such database.
(d) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense committees a
report on the actions taken by the Under Secretary of Defense for
Acquisition, Technology, and Logistics pursuant to this section,
including an assessment of the extent to which such actions have
achieved the objectives of this section.
SEC. 822. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE SCIENCE BOARD
TASK FORCE ON SERVICE CONTRACTING.
(a) Plan for Implementation.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, acting pursuant to the
Under Secretary's responsibility under section 2330 of title 10, United
States Code, develop a plan for implementing the recommendations of the
Defense Science Board Task Force on Improvements to Service
Contracting.
(b) Elements.--The plan developed pursuant to subsection (a) shall
include, to the extent determined appropriate by the Under Secretary
for Acquisition, Technology, and Logistics, the following:
(1) A meaningful taxonomy to track services, which can be
built into the inventory of contract services required by
section 2330a(c) of title 10, United States Code.
(2) Standards, definitions, and performance measures for
each portfolio of contract services which can be used for the
purposes of performance assessments conducted pursuant to
section 2548 of title 10, United States Code, and independent
management reviews conducted pursuant to section 808 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 215; 10 U.S.C. 2330 note).
(3) Meaningful incentives to service contractors for high
performance at low cost, consistent with the objectives of the
Better Buying Power Initiative established by the Under
Secretary.
(4) Improved means of communication between the Government
and the services contracting industry in the process of
developing requirements for services contracts.
(5) Clear guidance for defense acquisition personnel on the
use of appropriate contract types for particular categories of
services contracts.
(6) Formal certification and training requirements for
services acquisition personnel, consistent with the
requirements of sections 1723 and 1724 of title 10, United
States Code.
(7) Appropriate emphasis on the recruiting and training of
services acquisition personnel, consistent with the strategic
workforce plan developed pursuant to section 115b of title 10,
United States Code, and the funds available through the
Department of Defense Acquisition Workforce Development Fund
established pursuant to section 1705 of title 10, United States
Code.
(8) Policies and guidance on career development for
services acquisition personnel, consistent with the
requirements of sections 1722a and 1722b of title 10, United
States Code.
(9) Actions to ensure that the military departments
dedicate portfolio-specific commodity managers to coordinate
the procurement of key categories of contract services, as
required by section 2330(b)(3)(C) of title 10, United States
Code.
(10) Actions to ensure that the Department of Defense
conducts realistic exercises and training that account for
services contracting during contingency operations, as required
by section 2333(e) of title 10, United States Code.
(c) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense committees a
report on the following:
(1) The actions taken by the Under Secretary of Defense for
Acquisition, Technology, and Logistics to carry out the
requirements of this section.
(2) The actions taken by the Under Secretary to carry out
the requirements of section 2330 of title 10, United States
Code.
(3) The actions taken by the military departments to carry
out the requirements of section 2330 of title 10, United States
Code.
(4) The extent to which the actions described in paragraphs
(1), (2), and (3) have resulted in the improved acquisition and
management of contract services.
SEC. 823. TEMPORARY LIMITATION ON AGGREGATE ANNUAL AMOUNT AVAILABLE FOR
CONTRACT SERVICES.
(a) Limitation.--Except as provided in subsection (b), the total
amount obligated by the Department of Defense for contract services in
fiscal year 2012 or 2013 may not exceed the total amount requested for
the Department for contract services in the budget of the President for
fiscal year 2010 (as submitted to Congress pursuant to section 1105(b)
of title 31, United States Code) adjusted for net transfers from
funding for overseas contingency operations.
(b) Exception.--Notwithstanding the limitation in subsection (a),
the total amount obligated by the Department for contract services in
fiscal year 2012 or 2013 may exceed the amount otherwise provided
pursuant to subsection (a) by an amount elected by the Secretary that
is not greater than the cost of any increase in such fiscal year in the
number of civilian billets at the Department that has been approved by
the Secretary over the number of such billets at the Department in
fiscal year 2010.
(c) Guidance.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall issue guidance to the
military departments and the Defense Agencies on implementation of this
section during fiscal years 2012 and 2013. The guidance shall, at a
minimum--
(1) establish a negotiation objective that labor rates and
overhead rates in any contract or task order for contract
services with an estimated value in excess of $10,000,000
awarded to a contractor in fiscal year 2012 or 2013 shall not
exceed labor rates and overhead rates paid to the contractor
for contract services in fiscal year 2010;
(2) require the Secretaries of the military departments and
the heads of the Defense Agencies to approve in writing any
contract or task order for contract services with an estimated
value in excess of $10,000,000 awarded to a contractor in
fiscal year 2012 or 2013 that provides for continuing services
at an annual cost that exceeds the annual cost paid by the
military department or Defense Agency concerned for the same or
similar services in fiscal year 2010;
(3) require the Secretaries of the military departments and
the heads of the Defense Agencies to eliminate any contractor
positions identified by the military department or Defense
Agency concerned as being responsible for the performance of
inherently governmental functions;
(4) require the Secretaries of the military departments and
the heads of the Defense Agencies to reduce by 10 percent per
fiscal year in each of fiscal years 2012 and 2013 the funding
of the military department or Defense Agency concerned for--
(A) staff augmentation contracts; and
(B) contracts for the performance of functions
closely associated with inherently governmental
functions; and
(5) assign responsibility to the management officials
designated pursuant to section 2330 of title 10, United States
Code, and section 812(b) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3378;
10 U.S.C. 2330 note) to provide oversight and ensure the
implementation of the requirements of this section during
fiscal years 2012 and 2013.
(d) Definitions.--In this section:
(1) The term ``contract services'' has the meaning given
that term in section 235 of title 10, United States Code,
except that the term does not include services that are funded
out of amounts available for overseas contingency operations.
(2) The term ``function closely associated with inherently
governmental functions'' has the meaning given that term in
section 2383(b)(3) of title 10, United States Code.
(3) The term ``staff augmentation contracts'' means
contracts for personnel who are subject to the direction of a
government official other than the contracting officer for the
contract, including, but not limited to, contractor personnel
who perform personal services contracts (as that term is
defined in section 2330a(g)(5) of title 10, United States
Code).
(4) The term ``transfers from funding for overseas
contingency operations'' means amounts funded out of amounts
available for overseas contingency operations in fiscal year
2010 that are funded out of amounts other than amounts so
available in fiscal year 2012 or 2013.
SEC. 824. ANNUAL REPORT ON SINGLE-AWARD TASK AND DELIVERY ORDER
CONTRACTS.
(a) Annual Report.--
(1) In general.--Paragraph (2) of section 817(d) of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2611; 10 U.S.C. 2306a note) is
amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) with respect to any determination pursuant to section
2304a(d)(3)(D) of title 10, United States Code, that because of
exceptional circumstances it is necessary in the public
interest to award a task or delivery order contract with an
estimated value in excess of $100,000,000 to a single source,
an explanation of the basis for the determination.''.
(2) Conforming amendment.--The heading of such section is
amended by striking ``With Price or Value Greater Than
$15,000,000''.
(b) Repeal of Case-by-Case Reporting Requirement.--Section
2304a(d)(3) of title 10, United States Code, is amended--
(1) by striking subparagraph (B);
(2) by striking ``(A)'';
(3) by redesignating clauses (i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D), respectively, of
paragraph (1); and
(4) in subparagraph (B), as redesignated by paragraph (3),
by redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively.
SEC. 825. INCORPORATION OF CORROSION PREVENTION AND CONTROL INTO
REQUIREMENTS APPLICABLE TO DEVELOPMENT AND ACQUISITION OF
WEAPON SYSTEMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in consultation with the Director of
Corrosion Policy and Oversight, shall, for purposes of ensuring that
corrosion prevention and control are addressed early in the development
and acquisition of weapon systems--
(1) identify and disseminate throughout the Department of
Defense recommendations from the 2010 Corrosion Evaluation of
the F-22 Raptor and F-35 Lightning II Joint Strike Fighter that
are applicable Department-wide;
(2) commence implementation of any modifications of
policies and practices that the Under Secretary considers
appropriate in light of such recommendations to improve
corrosion prevention and control in new weapon systems; and
(3) establish a process for monitoring and assessing the
effectiveness of the actions taken by the Department pursuant
to paragraph (2) to improve corrosion prevention and control in
new weapon systems.
(b) Plan.--In carrying out subsection (a), the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall develop a plan
to achieve, to the extent and in a manner the Under Secretary
determines to be feasible and appropriate, the following:
(1) Investment in research and development that increases
the understanding of corrosion on materials and processes for
weapon systems.
(2) Development and dissemination of expertise on corrosion
in the acquisition programs for weapon systems and in the
processes for developing requirements for weapon systems.
(3) Reestablishment of appropriate military specifications
and standards regarding corrosion resistance in weapon systems.
(4) Establishment of new test protocols and methodologies
with respect to corrosion in new materials and processes for
weapon systems.
(5) Development of contract language, metrics, and
incentives to improve the emphasis on corrosion prevention and
control and the effects of corrosion on life cycle costs in
weapon systems.
(6) Development of a corrosion-focused design decision
methodology to support acquisition programs for weapon systems
when required to evaluate alternative designs and help quantify
future operation and sustainment costs.
(c) Corrosion Control in Certain Fighter Aircraft Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall--
(A) identify in the Corrosion Evaluation referred
to in subsection (a) specific recommendations on
corrosion prevention and control that are applicable to
the F-22 Raptor aircraft and to the F-35 Lightning II
Joint Strike Fighter aircraft;
(B) commence implementation of appropriate actions
to put the recommendations described in subparagraph
(A) into effect; and
(C) establish and implement processes for
monitoring and assessing the effectiveness of the
actions put into effect under subparagraph (B).
(2) Actions on f-22 raptor aircraft.--The actions
implemented under paragraph (1) with respect to the F-22 Raptor
aircraft shall include a plan and actions to manage cumulative
corrosion damage to F-22 Raptor aircraft in order to mitigate
long-term structural risk to such aircraft.
(3) Actions on f-35 lightning ii joint strike fighter
aircraft.--The actions implemented under paragraph (1) with
respect to the F-35 Lightning II Joint Strike Fighter aircraft
shall include actions as follows:
(A) The updating of the F-35 Corrosion Prevention
and Control Plan with lessons learned from corrosion
prevention and control for the F-22 Raptor aircraft,
guidelines for conducting trade studies, and
appropriate test and verification methods.
(B) Planning for a full climatic test earlier in
the acquisition schedule, and ensuring that--
(i) such test robustly addresses the
effects of severe wet weather, temperature
extremes, and high humidity; and
(ii) enclosed areas of the aircraft are
opened and inspected for water or moisture
intrusion.
(C) Developing an appropriate corrosion risk
mitigation follow-on plan, including the management of
the corrosion risk of parts qualified by similarity.
(D) Expanding the involvement of the Naval Air
Systems Command (NAVAIR) corrosion testing capability
and the Air Force Reserve Laboratory (AFRL) low
observable testing capability as a means to
independently test and assess materials and components.
(E) Reconsidering the selection of materials and
coating for corrosion risks.
(F) Specifying responsibility for management of the
Autonomic Logistics Information System (ALIS) link with
the Aircraft Structural Integrity Program (ASIP).
(G) Ensuring that the officials covered by
subparagraph (F) are involved in the development of the
Autonomic Logistics Information System and are capable
of receiving and analyzing the information to support
the Aircraft Structural Integrity Program sustainment
activity.
(d) Corrosion Certification and Assessment for Major Defense
Acquisition Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise Department of Defense Instruction 5000.02 to ensure that
the Milestone Decision Authority for a major defense
acquisition program is required to consider issues of corrosion
and materials degradation for the purpose of any certification
under sections 2366a and 2366b of title 10, United States Code.
(2) Test and evaluation.--In carrying out section 2399 of
title 10, United States Code, the Director of Operational Test
and Evaluation shall--
(A) consider corrosion, environmental severity, and
duration in the adequacy of operational test and
evaluation plans;
(B) include in the annual report under subsection
(g) of that section an assessment of the adequacy of
the consideration of material degradation and corrosion
in each major defense acquisition program.
SEC. 826. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS.
No amounts authorized to be appropriated by this Act may be
obligated or expended to implement or carry out any program that
creates a price evaluation adjustment as described in section
2323(e)(3) of title 10, United States Code, or any other authority,
that is inconsistent with the holdings in the following:
(1) Adarand Constructors, Inc. v. Pena, 515 U.S. 200
(1995).
(2) Rothe Development Corporation. v. Department of
Defense, 545 F.3d 1023 (2008).
SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF
PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE.
(a) In General.--Section 2534 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(k) Procurement of Photovoltaic Devices.--
``(1) Contract requirement.--The Secretary of Defense shall
ensure that each contract described in paragraph (2) awarded by
the Department of Defense includes a provision requiring any
photovoltaic devices installed pursuant to the contract, or
pursuant to a subcontract under the contract, to comply with
the provisions of chapter 83 of title 41 (commonly known as the
`Buy American Act'), without regard to whether the contract
results in ownership of the photovoltaic devices by the
Department.
``(2) Contracts described.--The contracts described in this
paragraph include energy savings performance contracts, utility
service contracts, power purchase agreements, land leases, and
private housing contracts pursuant to which any photovoltaic
devices are--
``(A) installed on property or in a facility owned
by the Department of Defense; and
``(B) generate power consumed predominantly by the
Department of Defense and counted toward federal
renewable energy purchase requirements.
``(3) Consistency with international obligations.--
Paragraph (1) shall be applied in a manner consistent with the
obligations of the United States under international
agreements.
``(4) Definition of photovoltaic devices.--In this
subsection, the term `photovoltaic devices' means devices that
convert light directly into electricity.
``(5) Effective date.--This subsection applies to
photovoltaic devices procured or installed on or after the date
that is 30 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2012 pursuant to
contracts entered into or after such date of enactment.''.
(b) Conforming Repeal.--Section 846 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2534 note) is
repealed.
Subtitle C--Amendments Relating to General Contracting Authorities,
Procedures, and Limitations
SEC. 841. TREATMENT FOR TECHNICAL DATA PURPOSES OF INDEPENDENT RESEARCH
AND DEVELOPMENT AND BID AND PROPOSAL COSTS.
(a) Treatment.--Section 2320(a) of title 10, United States Code, is
amended--
(1) in paragraph (2)(E), by striking ``the respective
rights'' and inserting ``the Government may use, modify,
release, reproduce, perform, display, or disclose the data
pertaining to such item or process within the Government
without restriction, but may release or disclose the data
outside the Government only for Government purposes. The
respective rights'';
(2) in paragraph (3), by striking ``and shall specify that
amounts spent for independent research and development and bid
and proposal costs shall not be considered to be Federal funds
for the purposes of paragraph (2)(B), but shall be considered
to be Federal funds for the purposes of paragraph (2)(A)''; and
(3) by adding at the end the following new paragraph:
``(4)(A) Except as provided in subparagraph (B), amounts spent for
independent research and development and bid and proposal costs shall
not be treated as Federal funds for the purposes of this section.
``(B) An item or process that is developed in whole or in part with
amounts described in subparagraph (A) shall be treated as having been
developed in part with Federal funds and in part at private expense in
the following circumstances:
``(i) In the case of an item or process for which the total
amount of costs referred to in subparagraph (A) allocable to
contracts other than Federal contracts and any other contractor
funds expended is less than 10 percent of the total funds
provided for the development of such item or process (including
all sources of Federal funding).
``(ii) In the case an item or process that is integrated
into a major system for which the rights in technical data are
otherwise described under paragraph (2)(A) or (2)(E) and for
which--
``(I) the total amount of such costs allocable to
contracts other than Federal contracts and any other
contractor funds expended is less than 50 percent of
the total funds provided for the development of such
item or process (including all sources of Federal
funding); or
``(II) such item or process cannot be segregated
from other elements of the major system in a
practicable manner in order to allow the system to be
procured using competition.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 7, 2011, immediately after the enactment of
section 824(b)(2) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4269), to which
such amendments relate.
SEC. 842. LIMITATION ON DEFENSE CONTRACTOR COMPENSATION.
Section 2324(e)(1)(P) of title 10, United States Code, is amended
to read as follows:
``(P) Costs of compensation of contractor and subcontractor
employees for a fiscal year, regardless of the contract funding
source, to the extent that such compensation exceeds the annual
amount paid to the President of the United States in accordance
with section 102 of title 3.''.
SEC. 843. COVERED CONTRACTS FOR PURPOSES OF REQUIREMENTS ON CONTRACTOR
BUSINESS SYSTEMS.
Paragraph (3) of section 893(f) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4312; 10 U.S.C. 2302 note) is amended to read as follows:
``(3) The term `covered contract' means a contract that is
subject to the cost accounting standards promulgated pursuant
to section 1502 of title 41, United States Code, that could be
affected if the data produced by a contractor business system
has a significant deficiency.''.
SEC. 844. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES
OF INTERNAL CONTROLS OF NON-DEFENSE AGENCIES FOR
PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE.
Section 801(d) of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 2304 note) is amended by striking ``with the
requirements'' and all that follows and inserting ``with the following:
``(1) The Federal Acquisition Regulation and other laws and
regulations that apply to procurements of property and services
by Federal agencies.
``(2) Laws and regulations (including applicable Department
of Defense financial management regulations) that apply to
procurements of property and services made by the Department of
Defense through other Federal agencies.''.
SEC. 845. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2335. Prohibition on collection of political information
``(a) Prohibition on Requiring Submission of Political
Information.--The head of an agency may not require a contractor to
submit political information related to the contractor or a
subcontractor at any tier, or any partner, officer, director, or
employee of the contractor or subcontractor--
``(1) as part of a solicitation, request for bid, request
for proposal, or any other form of communication designed to
solicit offers in connection with the award of a contract for
procurement of property or services;
``(2) during the course of contract performance as part of
the process associated with modifying a contract or exercising
a contract option; or
``(3) any time prior to contract completion and final
contract closeout.
``(b) Scope.--The prohibition under this section applies to the
procurement of commercial items, the procurement of commercial-off-the-
shelf-items, and the non-commercial procurement of supplies, property,
services, and manufactured items, irrespective of contract vehicle,
including contracts, purchase orders, task or deliver orders under
indefinite delivery/indefinite quantity contracts, blanket purchase
agreements, and basic ordering agreements.
``(c) Rule of Construction.--Nothing in this section shall be
construed as--
``(1) waiving, superseding, restricting, or limiting the
application of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) or preventing Federal regulatory or law
enforcement agencies from collecting or receiving information
authorized by law; or
``(2) precluding the Defense Contract Audit Agency from
accessing and reviewing certain information, including
political information, for the purpose of identifying
unallowable costs and administering cost principles established
pursuant to section 2324 of this title.
``(d) Definitions.--In this section:
``(1) Contractor.--The term `contractor' includes
contractors, bidders, and offerors, and individuals and legal
entities who would reasonably be expected to submit offers or
bids for Federal Government contracts.
``(2) Political information.--The term `political
information' means information relating to political spending,
including any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement for an
electioneering communication that is made by the contractor,
any of its partners, officers, directors or employees, or any
of its affiliates or subsidiaries to a candidate or on behalf
of a candidate for election for Federal office, to a political
committee, to a political party, to a third party entity with
the intention or reasonable expectation that it would use the
payment to make independent expenditures or electioneering
communications, or that is otherwise made with respect to any
election for Federal office, party affiliation, and voting
history. Each of the terms `contribution', `expenditure',
`independent expenditure', `candidate', `election',
`electioneering communication', and `Federal office' has the
meaning given the term in the Federal Campaign Act of 1971 (2
U.S.C. 431 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of such title is amended by inserting after the item
relating to section 2334 the following new item:
``2335. Prohibition on collection of political information.''.
SEC. 846. WAIVER OF ``BUY AMERICAN'' REQUIREMENT FOR PROCUREMENT OF
COMPONENTS OTHERWISE PRODUCIBLE OVERSEAS WITH SPECIALTY
METAL NOT PRODUCED IN THE UNITED STATES.
Section 2533b of title 10, United States Code, is amended--
(1) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(2) by inserting after subsection (k) the following new
subsection (l):
``(l) Additional Waiver Authority.--(1) The Secretary of Defense
may waive the requirement of subsection (a) with regard to the
procurement of a component containing specialty metal if the Secretary
determines that, in the absence of the waiver, the component will be
produced overseas and will contain specialty metal not melted or
produced in the United States.
``(2) The Secretary shall establish a process to review petitions
for waivers under this subsection by interested persons. The process
shall include an opportunity for comment by persons engaged in melting
or producing specialty metals in the United States.
``(3) The authority to grant a waiver under paragraph (1) may be
delegated to any civilian official in the Department of Defense or a
military department who is appointed by the President, by and with the
advice and consent of the Senate.''.
SEC. 847. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
NONCOMPETITIVE AND ONE-OFFER CONTRACTS AWARDED BY THE
DEPARTMENT OF DEFENSE.
(a) Reports Required.--Not later than March 31 of each of 2013,
2014, and 2015, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth a review and assessment by
the Comptroller General of the noncompetitive contracts and one-offer
contracts awarded by the Department of Defense during the preceding
fiscal year.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) The number of noncompetitive contracts awarded by the
Department of Defense during the fiscal year covered by such
report, and the percentage of such number to the total number
of contracts awarded by the Department during such fiscal year.
(2) A description of the competition exceptions that served
as the basis for the award of such noncompetitive contracts.
(3) An assessment of the adequacy of the justification and
approvals issued under section 2304(f) of title 10, United
States Code, in support of such noncompetitive contracts.
(4) The number of one-offer contracts awarded by the
Department during the fiscal year covered by such report, and
the percentage of such number to the total number of contracts
awarded by the Department during such fiscal year.
(5) An assessment of the extent to which such one-offer
contracts were awarded in compliance with applicable Department
guidance on one-offer contracts.
(6) An assessment whether the contracting practices of the
Department during the fiscal year covered by such report were
in keeping with the objective of promoting full and open
competition in the award of contracts in excess of the
simplified acquisition threshold.
(c) Definitions.--In this section:
(1) The term ``competitive procedures'' has the meaning
given that term in section 2302(2) of title 10, United States
Code.
(2) The term ``noncompetitive contract'' means a contract
awarded through other than competitive procedures.
(3) The term ``one-offer contract'' means a contract
awarded after receiving a bid from only one qualified vendor.
SEC. 848. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
(a) Revised Regulations Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal
Acquisition Regulation to address the detection and avoidance
of counterfeit electronic parts.
(2) Contractor responsibilities.--The revised regulations
issued pursuant to paragraph (1) shall provide that--
(A) contractors on Department of Defense contracts
for products that include electronic parts are
responsible for detecting and avoiding the use or
inclusion of counterfeit electronic parts or suspect
counterfeit electronic parts in such products and for
any rework or corrective action that may be required to
remedy the use or inclusion of such parts; and
(B) the cost of counterfeit electronic parts and
suspect counterfeit electronic parts and the cost of
rework or corrective action that may be required to
remedy the use or inclusion of such parts are not
allowable costs under such contracts.
(3) Trusted suppliers.--The revised regulations issued
pursuant to paragraph (1) shall--
(A) require that, whenever possible, the Department
of Defense and Department of Defense contractors and
subcontractors--
(i) obtain electronic parts that are in
production or currently available in stock from
the original manufacturers of the parts or
their authorized dealers, or from trusted
suppliers who obtain such parts exclusively
from the original manufacturers of the parts or
their authorized dealers; and
(ii) obtain electronic parts that are not
in production or currently available in stock
from trusted suppliers;
(B) establish requirements for notification of the
Department of Defense, inspection, test, and
authentication of electronic parts that the Department
of Defense or a Department of Defense contractor or
subcontractor obtains from any source other than a
source described in subparagraph (A);
(C) establish qualification requirements,
consistent with the requirements of section 2319 of
title 10, United States Code, pursuant to which the
Department of Defense may identify trusted suppliers
that have appropriate policies and procedures in place
to detect and avoid counterfeit electronic parts and
suspect counterfeit electronic parts; and
(D) authorize Department of Defense contractors and
subcontractors to identify and use additional trusted
suppliers, provided that--
(i) the standards and processes for
identifying such trusted suppliers complies
with established industry standards;
(ii) the contractor or subcontractor
assumes responsibility for the authenticity of
parts provided by such supplier as provided in
paragraph (2); and
(iii) the selection of such trusted
suppliers is subject to review and audit by
appropriate Department of Defense officials.
(4) Reporting requirement.--The revised regulations issued
pursuant to paragraph (1) shall require that any Department of
Defense contractor or subcontractor who becomes aware, or has
reason to suspect, that any end item, component, part, or
material contained in supplies purchased by the Department of
Defense, or purchased by a contractor of subcontractor for
delivery to, or on behalf of, the Department of Defense,
contains counterfeit electronic parts or suspect counterfeit
electronic parts, shall provide a written report on the matter
within 30 calendar days to the Inspector General of the
Department of Defense, the contracting officer for the contract
pursuant to which the supplies are purchased, and the
Government-Industry Data Exchange Program or a similar program
designated by the Secretary of Defense.
(b) Inspection of Imported Electronic Parts.--
(1) Inspection program.--The Secretary of Homeland Security
shall establish a risk-based methodology for the enhanced
targeting of electronic parts imported from any country, after
consultation with the Secretary of Defense as to sources of
counterfeit electronic parts and suspect counterfeit electronic
parts in the supply chain for products purchased by the
Department of Defense.
(2) Information sharing.--If United States Customs and
Border Protection suspects a product of being imported or
exported in violation of section 42 of the Lanham Act, and
subject to any applicable bonding requirements, the Secretary
of Treasury is authorized to share information appearing on,
and unredacted samples of, products and their packaging and
labels, or photographs of such products, packaging and labels,
with the rightholders of the trademarks suspected of being
copied or simulated, for purposes of determining whether the
products are prohibited from importation pursuant to such
section.
(c) Contractor Systems for Detection and Avoidance of Counterfeit
and Suspect Counterfeit Electronic Parts.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
implement a program for the improvement of contractor systems
for the detection and avoidance of counterfeit electronic parts
and suspect counterfeit electronic parts.
(2) Elements.--The program developed pursuant to paragraph
(1) shall--
(A) require covered contractors to adopt and
implement policies and procedures, consistent with
applicable industry standards, for the detection and
avoidance of counterfeit electronic parts and suspect
counterfeit electronic parts, including policies and
procedures for training personnel, designing and
maintaining systems to mitigate risks associated with
parts obsolescence, making sourcing decisions,
prioritizing mission critical and sensitive components,
ensuring traceability of parts, developing lists of
trusted and untrusted suppliers, flowing down
requirements to subcontractors, inspecting and testing
parts, reporting and quarantining suspect counterfeit
electronic parts and counterfeit electronic parts, and
taking corrective action;
(B) establish processes for the review and approval
or disapproval of contractor systems for the detection
and avoidance of counterfeit electronic parts and
suspect counterfeit electronic parts, comparable to the
processes established for contractor business systems
under section 893 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4311; 10 U.S.C. 2302 note); and
(C) effective beginning one year after the date of
the enactment of this Act, authorize the withholding of
payments as provided in subsection (c) of such section,
in the event that a contractor system for detection and
avoidance of counterfeit electronic parts is
disapproved pursuant to subparagraph (B) and has not
subsequently received approval.
(3) Covered contractor and covered contract defined.--In
this subsection, the terms ``covered contractor'' and ``covered
contract'' have the meanings given such terms in section 893(f)
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4312; 10 U.S.C.
2302 note).
(d) Department of Defense Responsibilities.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense shall take steps to address shortcomings in Department of
Defense systems for the detection and avoidance of counterfeit
electronic parts and suspect counterfeit electronic parts. Such steps
shall include, at a minimum, the following:
(1) Policies and procedures applicable to Department of
Defense components engaged in the purchase of electronic parts,
including requirements for training personnel, making sourcing
decisions, ensuring traceability of parts, inspecting and
testing parts, reporting and quarantining suspect counterfeit
electronic parts and counterfeit electronic parts, and taking
corrective action. The policies and procedures developed by the
Secretary under this paragraph shall prioritize mission
critical and sensitive components.
(2) The establishment of a system for ensuring that
government employees who become aware of, or have reason to
suspect, that any end item, component, part, or material
contained in supplies purchased by or for the Department of
Defense contains counterfeit electronic parts or suspect
counterfeit electronic parts are required to provide a written
report on the matter within 30 calendar days to the Inspector
General of the Department of Defense, the contracting officer
for the contract pursuant to which the supplies are purchased,
and the Government-Industry Data Exchange Program or a similar
program designated by the Secretary of Defense.
(3) A process for analyzing, assessing, and acting on
reports of counterfeit electronic parts and suspect counterfeit
electronic parts that are submitted to the Inspector General of
the Department of Defense, contracting officers, and the
Government-Industry Data Exchange Program or a similar program
designated by the Secretary of Defense.
(4) Guidance on appropriate remedial actions in the case of
a supplier who has repeatedly failed to detect and avoid
counterfeit electronic parts and suspect counterfeit electronic
parts or otherwise failed to exercise due diligence in the
detection and avoidance of such parts, including consideration
of whether to suspend or debar a supplier until such time as
the supplier has effectively addressed the issues that led to
such failures.
(e) Trafficking in Counterfeit Military Goods or Services.--Section
2320 of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Military goods or services.--
``(A) In general.--A person who commits an offense
under paragraph (1) shall be punished in accordance
with subparagraph (B) if--
``(i) the offense involved a good or
service described in paragraph (1) that if it
malfunctioned, failed, or was compromised,
could reasonably be foreseen to cause--
``(I) serious bodily injury or
death;
``(II) disclosure of classified
information;
``(III) impairment of combat
operations; or
``(IV) other significant harm to a
member of the Armed Forces or to
national security; and
``(ii) the person had knowledge that the
good or service is falsely identified as
meeting military standards or is intended for
use in a military or national security
application.
``(B) Penalties.--
``(i) Individual.--An individual who
commits an offense described in subparagraph
(A) shall be fined not more than $5,000,000,
imprisoned for not more than 20 years, or both.
``(ii) Person other than an individual.--A
person other than an individual that commits an
offense described in subparagraph (A) shall be
fined not more than $15,000,000.
``(C) Subsequent offenses.--
``(i) Individual.--An individual who
commits an offense described in subparagraph
(A) after the individual is convicted of an
offense under subparagraph (A) shall be fined
not more than $15,000,000, imprisoned not more
than 30 years, or both.
``(ii) Person other than an individual.--A
person other than an individual that commits an
offense described in subparagraph (A) after the
person is convicted of an offense under
subparagraph (A) shall be fined not more than
$30,000,000.''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking the period at the
end and inserting a semicolon;
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(5) the term `falsely identified as meeting military
standards' relating to a good or service means there is a
material misrepresentation that the good or service meets a
standard, requirement, or specification issued by the
Department of Defense, an Armed Force, or a reserve component;
and
``(6) the term `use in a military or national security
application' means the use of a good or service, independently,
in conjunction with, or as a component of another good or
service--
``(A) during the performance of the official duties
of the Armed Forces of the United States or the reserve
components of the Armed Forces; or
``(B) by the United States to perform or directly
support--
``(i) combat operations; or
``(ii) critical national defense or
national security functions.''.
(f) Sentencing Guidelines.--
(1) Definition.--In this subsection, the term ``critical
infrastructure'' has the meaning given that term in application
note 13(A) of section 2B1.1 of the Federal Sentencing
Guidelines.
(2) Directive.--The United States Sentencing Commission
shall review and, if appropriate, amend the Federal Sentencing
Guidelines and policy statements applicable to persons
convicted of an offense under section 2320(a) of title 18,
United States Code, to reflect the intent of Congress that
penalties for such offenses be increased for defendants that
sell infringing products to, or for the use by or for, the
Armed Forces or a Federal, State, or local law enforcement
agency or for use in critical infrastructure or in national
security applications.
(3) Requirements.--In amending the Federal Sentencing
Guidelines and policy statements under paragraph (2), the
United States Sentencing Commission shall--
(A) ensure that the guidelines and policy
statements, including section 2B5.3 of the Federal
Sentencing Guidelines (and any successor thereto),
reflect--
(i) the serious nature of the offenses
described in section 2320(a) of title 18,
United States Code;
(ii) the need for an effective deterrent
and appropriate punishment to prevent offenses
under section 2320(a) of title 18, United
States Code; and
(iii) the effectiveness of incarceration in
furthering the objectives described in clauses
(i) and (ii);
(B) consider an appropriate offense level
enhancement and minimum offense level for offenses that
involve a product used to maintain or operate critical
infrastructure, or used by or for an entity of the
Federal Government or a State or local government in
furtherance of the administration of justice, national
defense, or national security;
(C) ensure reasonable consistency with other
relevant directives and guidelines and Federal
statutes;
(D) make any necessary conforming changes to the
guidelines; and
(E) ensure that the guidelines relating to offenses
under section 2320(a) of title 18, United States Code,
adequately meet the purposes of sentencing, as
described in section 3553(a)(2) of title 18, United
States Code.
(4) Emergency authority.--The United States Sentencing
Commission shall--
(A) promulgate the guidelines, policy statements,
or amendments provided for in this Act as soon as
practicable, and in any event not later than 180 days
after the date of the enactment of this Act, in
accordance with the procedure set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note), as though the authority under that Act had not
expired; and
(B) pursuant to the emergency authority provided
under subparagraph (A), make such conforming amendments
to the Federal Sentencing Guidelines as the Commission
determines necessary to achieve consistency with other
guideline provisions and applicable law.
(g) Definitions.--
(1) Counterfeit electronic part.--The Secretary of Defense
shall define the term ``counterfeit electronic part'' for the
purposes of this section. Such definition shall include used
electronic parts that are represented as new.
(2) Suspect counterfeit electronic part and electronic
part.--For the purposes of this section:
(A) A part is a ``suspect counterfeit electronic
part'' if visual inspection, testing, or other
information provide reason to believe that the part may
be a counterfeit part.
(B) An ``electronic part'' means an integrated
circuit, a discrete electronic component (including but
not limited to a transistor, capacitor, resistor, or
diode), or a circuit assembly.
SEC. 849. REPORT ON AUTHORITIES AVAILABLE TO THE DEPARTMENT OF DEFENSE
FOR MULTIYEAR CONTRACTS FOR THE PURCHASE OF ADVANCED
BIOFUELS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the authorities currently available to the
Department of Defense for multiyear contracts for the purchase of
advanced biofuels (as defined by section 211(o)(1)(B) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(B)). The report shall include a description
of such additional authorities, if any, as the Secretary considers
appropriate to authorize the Department to enter into contracts for the
purchase of advanced biofuels of sufficient length to reduce the impact
to the Department of future price or supply shocks in the petroleum
market, to benefit taxpayers, and to reduce United States dependence on
foreign oil.
SEC. 850. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
DEPARTMENT OF DEFENSE IMPLEMENTATION OF JUSTIFICATION AND
APPROVAL REQUIREMENTS FOR CERTAIN SOLE-SOURCE CONTRACTS.
Not later than 90 days after March 1, 2012, and March 1, 2013, the
dates on which the Department of Defense submits to Congress a report
on its implementation of section 811 of the Fiscal Year 2010 National
Defense Authorization Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report setting
forth an assessment of the extent to which the implementation of such
section 811 by the Department ensures that sole-source contracts are
awarded in applicable procurements only when those awards have been
determined to be in the best interest of the Department.
Subtitle D--Provisions Relating to Wartime Contracting
SEC. 861. PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED
STATES CENTRAL COMMAND THEATER OF OPERATIONS.
(a) Prohibition.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal
Acquisition Regulation to authorize the head of a contracting
activity, pursuant to a request from the Commander of the
United States Central Command under subsection (c)(2)--
(A) to restrict the award of Department of Defense
contracts, grants, or cooperative agreements that the
head of the contracting activity determines in writing
would provide funding directly or indirectly to a
person or entity that has been identified by the
Commander of the United States Central Command as
actively supporting an insurgency or otherwise actively
opposing United States or coalition forces in a
contingency operation in the United States Central
Command theater of operations;
(B) to terminate for default any Department
contract, grant, or cooperative agreement upon a
written determination by the head of the contracting
activity that the contractor, or the recipient of the
grant or cooperative agreement, has failed to exercise
due diligence to ensure that none of the funds received
under the contract, grant, or cooperative agreement are
provided directly or indirectly to a person or entity
who is actively supporting an insurgency or otherwise
actively opposing United States or coalition forces in
a contingency operation in the United States Central
Command theater of operations; or
(C) to void in whole or in part any Department
contract, grant, or cooperative agreement upon a
written determination by the head of the contracting
activity that the contract, grant, or cooperative
agreement provides funding directly or indirectly to a
person or entity that has been identified by the
Commander of the United States Central Command as
actively supporting an insurgency or otherwise actively
opposing United States or coalition forces in a
contingency operation in the United States Central
Command theater of operations.
(2) Treatment as void.--For purposes of this section:
(A) A contract, grant, or cooperative agreement
that is void is unenforceable as contrary to public
policy.
(B) A contract, grant, or cooperative agreement
that is void in part is unenforceable as contrary to
public policy with regard to a segregable task or
effort under the contract, grant, or cooperative
agreement.
(b) Contract Clause.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall revise the
Department of Defense Supplement to the Federal Acquisition
Regulation to require that--
(A) the clause described in paragraph (2) shall be
included in each covered contract, grant, and
cooperative agreement of the Department that is awarded
on or after the date of the enactment of this Act; and
(B) to the maximum extent practicable, each covered
contract, grant, and cooperative agreement of the
Department that is awarded before the date of the
enactment of this Act shall be modified to include the
clause described in paragraph (2).
(2) Clause described.--The clause described in this
paragraph is a clause that--
(A) requires the contractor, or the recipient of
the grant or cooperative agreement, to exercise due
diligence to ensure that none of the funds received
under the contract, grant, or cooperative agreement are
provided directly or indirectly to a person or entity
who is actively supporting an insurgency or otherwise
actively opposing United States or coalition forces in
a contingency operation; and
(B) notifies the contractor, or the recipient of
the grant or cooperative agreement, of the authority of
the head of the contracting activity to terminate or
void the contract, grant, or cooperative agreement, in
whole or in part, as provided in subsection (a).
(3) Covered contract, grant, or cooperative agreement.--In
this subsection, the term ``covered contract, grant, or
cooperative agreement'' means a contract, grant, or cooperative
agreement with an estimated value in excess of $100,000 that
will be performed in the United States Central Command theater
of operations.
(c) Identification of Contracts With Supporters of the Enemy.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary, acting through the
Commander of the United States Central Command, shall establish
a program to use available intelligence to review persons and
entities who receive United States funds through contracts,
grants, and cooperative agreements performed in the United
States Central Command theater of operations and identify any
such persons and entities who are actively supporting an
insurgency or otherwise actively opposing United States or
coalition forces in a contingency operation.
(2) Notice to contracting activities.--If the Commander of
the United States Central Command, acting pursuant to the
program required by paragraph (1), identifies a person or
entity as actively supporting an insurgency or otherwise
actively opposing United States or coalition forces in a
contingency operation, the Commander may notify the head of a
contracting activity in writing of such identification and
request that the head of the contracting activity exercise the
authority provided in subsection (a) with regard to any
contracts, grants, or cooperative agreements that provide
funding directly or indirectly to the person or entity.
(3) Protection of classified information.--Classified
information relied upon by the Commander of the United States
Central Command to make an identification in accordance with
this subsection may not be disclosed to a contractor or a
recipient of a grant or cooperative agreement with respect to
which an action is taken pursuant to the authority provided in
subsection (a), or to their representatives, in the absence of
a protective order issued by a court of competent jurisdiction
established under Article III of the Constitution of the United
States that specifically addresses the conditions upon which
such classified information may be so disclosed.
(d) Nondelegation of Responsibilities.--
(1) Contract actions.--The authority provided by subsection
(a) to restrict, terminate, or void contracts, grants, and
cooperative agreements may not be delegated below the level of
the head of a contracting activity.
(2) Identification of support of enemy.--The authority to
make an identification under subsection (c)(1) may not be
delegated below the level of the Commander of the United States
Central Command.
(e) Contracts, Grants, and Cooperative Agreements of Other Federal
Agencies.--This section shall not be construed to preclude the issuance
of a government-wide regulation--
(1) extending the authority in subsection (a) to the heads
of contracting agencies outside the Department; or
(2) requiring the insertion of a contract clause similar to
the clause described by subsection (b)(2) into contracts,
grants, and cooperative agreements awarded by Federal agencies
other than the Department.
(f) Reports.--Not later than March 1 of each of 2013, 2014, and
2015, the Secretary shall submit to the congressional defense
committees a report on the use of the authority provided by this
section in the preceding calendar year. Each report shall identify, for
the calendar year covered by such report, each instance in which the
Department of Defense exercised the authority to restrict, terminate,
or void contracts, grants, and cooperative agreements pursuant to
subsection (a) and explain the basis for the action taken. Any report
under this subsection may be submitted in classified form.
(g) Other Definition.--In this section, the term ``contingency
operation'' has the meaning given that term in section 101(a)(13) of
title 10, United States Code.
(h) Sunset.--The authority to restrict, terminate, or void
contracts, grants, and cooperative agreements pursuant to subsection
(a) shall cease to be effective on the date that is three years after
the date of the enactment of this Act.
SEC. 862. ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN
THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS.
(a) Department of Defense Contracts, Grants, and Cooperative
Agreements.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal
Acquisition Regulation to require that--
(A) the clause described in paragraph (2) shall be
included in each covered contract, grant, and
cooperative agreement of the Department of Defense that
is awarded on or after the date of the enactment of
this Act; and
(B) to the maximum extent practicable, each covered
contract, grant, and cooperative agreement of the
Department that is awarded before the date of the
enactment of this Act shall be modified to include the
clause described in paragraph (2).
(2) Clause.--The clause described in this paragraph is a
clause authorizing the Secretary, upon a written determination
pursuant to paragraph (3), to examine any records of the
contractor, the recipient of a grant or cooperative agreement,
or any subcontractor or subgrantee under such contract, grant,
or cooperative agreement to the extent necessary to ensure that
funds available under the contract, grant, or cooperative
agreement--
(A) are not subject to extortion or corruption; and
(B) are not provided directly or indirectly to
persons or entities that are actively supporting an
insurgency or otherwise actively opposing United States
or coalition forces in a contingency operation.
(3) Written determination.--The authority to examine
records pursuant to the contract clause described in paragraph
(2) may be exercised only upon a written determination by the
contracting officer or comparable official responsible for a
grant or cooperative agreement, upon a finding by the Commander
of the United States Central Command, that there is reason to
believe that funds available under the contract, grant, or
cooperative agreement concerned may have been subject to
extortion or corruption or may have been provided directly or
indirectly to persons or entities that are actively supporting
an insurgency or otherwise actively opposing United States or
coalition forces in a contingency operation.
(4) Flowdown.--A clause described in paragraph (2) shall
also be required in any subcontract or subgrant under a covered
contract, grant, or cooperative agreement if the subcontract or
subgrant has an estimated value in excess of $100,000.
(b) Contracts, Grants, and Cooperative Agreements of Other Federal
Agencies.--This section shall not be construed to preclude the issuance
of a government-wide regulation requiring the insertion of a clause
similar to the clause described by subsection (a)(2) into contracts,
grants, and cooperative agreements awarded by Federal agencies other
than the Department of Defense.
(c) Reports.--Not later than March 1 of each of 2013, 2014, and
2015, the Secretary shall submit to the congressional defense
committees a report on the use of the authority provided by this
section in the preceding calendar year. Each report shall identify, for
the calendar year covered by such report, each instance in which the
Department of Defense exercised the authority provided under this
section to examine records, explain the basis for the action taken, and
summarize the results of any examination of records so undertaken, Any
report under this subsection may be submitted in classified form.
(d) Definitions.--In this section:
(1) The term ``contingency operation'' has the meaning
given that term in section 101(a)(13) of title 10, United
States Code.
(2) The term ``covered contract, grant, or cooperative
agreement'' means a contract, grant, or cooperative agreement
with an estimated value in excess of $100,000 that will be
performed in the United States Central Command theater of
operations in support of a contingency operation.
(e) Sunset.--
(1) In general.--The clause described by subsection (a)(2)
shall not be required in any contract, grant, or cooperative
agreement that is awarded after the date that is three years
after the date of the enactment of this Act.
(2) Continuing effect of clauses included before sunset.--
Any clause described by subsection (a)(2) that is included in a
contract, grant, or cooperative agreement pursuant this section
before the date specified in paragraph (1) shall remain in
effect in accordance with its terms.
SEC. 863. JOINT URGENT OPERATIONAL NEEDS FUND TO RAPIDLY MEET URGENT
OPERATIONAL NEEDS.
(a) Establishment of Fund.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2216 the following
new section:
``Sec. 2216a. Rapidly meeting urgent needs: Joint Urgent Operational
Needs Fund
``(a) Establishment.--There is established in the Treasury an
account to be known as the `Joint Urgent Operational Needs Fund' (in
this section referred to as the `Fund').
``(b) Elements.--The Fund shall consist of the following:
``(1) Amounts appropriated to the Fund.
``(2) Amounts transferred to the Fund.
``(3) Any other amounts made available to the Fund by law.
``(c) Use of Funds.--(1) Amounts in the Fund shall be available to
the Secretary of Defense for capabilities that are determined by the
Secretary, pursuant to the review process required by section 804(b) of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(10 U.S.C. 2302 note), to be suitable for rapid fielding in response to
urgent operational needs.
``(2) The Secretary shall establish a merit-based process for
identifying equipment, supplies, services, training, and facilities
suitable for funding through the Fund.
``(3) Nothing in this section shall be interpreted to require or
enable any official of the Department of Defense to provide funding
under this section pursuant to a congressional earmark, as defined in
clause 9 of Rule XXI of the Rules of the House of Representatives, or a
congressionally directed spending item, as defined in paragraph 5 of
Rule XLIV of the Standing Rules of the Senate.
``(d) Transfer Authority.--(1) Amounts in the Fund may be
transferred by the Secretary of Defense from the Fund to any of the
following accounts of the Department of Defense to accomplish the
purpose stated in subsection (c):
``(A) Operation and maintenance accounts.
``(B) Procurement accounts.
``(C) Research, development, test, and evaluation accounts.
``(2) Upon determination by the Secretary that all or part of the
amounts transferred from the Fund under paragraph (1) are not necessary
for the purpose for which transferred, such amounts may be transferred
back to the Fund.
``(3) The transfer of an amount to an account under the authority
in paragraph (1) shall be deemed to increase the amount authorized for
such account by an amount equal to the amount so transferred.
``(4) The transfer authority provided by paragraphs (1) and (2) is
in addition to any other transfer authority available to the Department
of Defense by law.
``(e) Sunset.--The authority to make expenditures or transfers from
the Fund shall expire on the last day of the third fiscal year that
begins after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2012.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by inserting
after the item relating to section 2216 the following new item:
``2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs
Fund.''.
(b) Limitation on Commencement of Expenditures From Fund.--No
expenditure may be made from the Joint Urgent Operational Needs Fund
established by section 2216a of title 10, United States Code (as added
by subsection (a)), until the Secretary of Defense certifies to the
congressional defense committees that the Secretary has developed and
implemented an expedited review process in compliance with the
requirements of section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4256; 10 U.S.C. 2302 note).
SEC. 864. INCLUSION OF ASSOCIATED SUPPORT SERVICES IN RAPID ACQUISITION
AND DEPLOYMENT PROCEDURES FOR SUPPLIES.
(a) Inclusion.--Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended
by striking ``supplies'' each place it appears (other than subsections
(a)(1)(B) and (f)) and inserting ``supplies and associated support
services''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) Associated Support Services Defined.--In this section, the
term `associated support services' means training, operation,
maintenance, and support services needed in connection with the
deployment of supplies to be acquired pursuant to the authority of this
section. The term does not include functions that are inherently
governmental or otherwise exempted from private sector performance.''.
(c) Limitation on Availability of Authority.--The authority to
acquire associated support services pursuant to section 806 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003, as
amended by this section, shall not take effect until the Secretary of
Defense certifies to the congressional defense committees that the
Secretary has developed and implemented an expedited review process in
compliance with the requirements of section 804 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4256; 10 U.S.C. 2302 note).
SEC. 865. REACH-BACK CONTRACTING AUTHORITY FOR OPERATION ENDURING
FREEDOM AND OPERATION NEW DAWN.
(a) Authority To Designate Lead Contracting Activity.--The Under
Secretary of Defense for Acquisition, Technology, and Logistics may
designate a single contracting activity inside the United States to act
as the lead contracting activity with authority for use of domestic
capabilities in support of overseas contracting for Operation Enduring
Freedom and Operation New Dawn. The contracting activity so designated
shall be known as the ``lead reach-back contracting authority'' for
such operations.
(b) Limited Authority for Use of Outside-the-United-States-
thresholds.--The head of the contracting authority designated pursuant
to subsection (a) may, when awarding a contract inside the United
States for performance in the theater of operations for Operation
Enduring Freedom or Operation New Dawn, use the overseas increased
micro-purchase threshold and the overseas increased simplified
acquisition threshold in the same manner and to the same extent as if
the contract were to be awarded and performed outside the United
States.
(c) Definitions.--In this section:
(1) The term ``overseas increased micro-purchase
threshold'' means the amount specified in paragraph (1)(B) of
section 1903(b) of title 41, United States Code.
(2) The term ``overseas increased simplified acquisition
threshold'' means the amount specified in paragraph (2)(B) of
section 1903(b) of title 41, United States Code.
SEC. 866. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN DEPARTMENT OF
DEFENSE PLANNING DOCUMENTS.
(a) Elements in QDR Reports to Congress.--Section 118(d) of title
10, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) the roles and responsibilities that would be
discharged by contractors.'';
(2) in paragraph (6), by striking ``manpower and
sustainment'' and inserting ``manpower, sustainment, and
contractor support''; and
(3) in paragraph (8), by inserting ``, and the scope of
contractor support,'' after ``Defense Agencies''.
(b) Chairman of Joint Chiefs of Staff Assessments of Contractor
Support of Armed Forces.--
(1) Assessments under contingency planning.--Paragraph (3)
of subsection (a) of section 153 of such title is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) Identifying the support functions that are likely to
require contractor performance under those contingency plans,
and the risks associated with the assignment of such functions
to contractors.''.
(2) Assessments under advice on requirements, programs, and
budget.--Paragraph (4)(E) of such subsection is amended by
inserting ``and contractor support'' after ``area of
manpower''.
(3) Assessments for biennial review of national military
strategy.--Subsection (d) of such section is amended--
(A) in paragraph (2), by adding at the end the
following new subparagraph:
``(I) Assessment of the requirements for contractor support
of the armed forces in conducting peacetime training,
peacekeeping, overseas contingency operations, and major combat
operations, and the risks associated with such support.''; and
(B) in paragraph (3)(B), by striking ``and the
levels of support from allies and other friendly
nations'' and inserting ``the levels of support from
allies and other friendly nations, and the levels of
contractor support''.
Subtitle E--Other Matters
SEC. 881. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE ACQUISITION
WORKFORCE DEVELOPMENT FUND.
(a) Extension of Availability.--Section 1705(e)(6) of title 10,
United States Code, is amended by striking ``under subsection (d)(2)''
and inserting ``(whether by credit in accordance with subsection
(d)(2), by transfer pursuant to subsection (d)(3), by direct
appropriation, or by deposit)''.
(b) Prospective Applicability.--The amendment made by subsection
(a) shall not apply to funds appropriated before the date of the
enactment of this Act.
(c) Nature of Availability.--Such section is further amended by
striking ``expenditure'' and inserting ``obligation''.
SEC. 882. MODIFICATION OF DELEGATION OF AUTHORITY TO MAKE
DETERMINATIONS ON ENTRY INTO COOPERATIVE RESEARCH AND
DEVELOPMENT AGREEMENTS WITH NATO AND OTHER FRIENDLY
ORGANIZATIONS AND COUNTRIES.
Section 2350a(b)(2) of title 10, United States Code, is amended by
striking ``and to one other official of the Department of Defense'' and
inserting ``, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, and the Principal Deputy Under Secretary of
Defense for Acquisition, Technology, and Logistics''.
SEC. 883. RATE OF PAYMENT FOR AIRLIFT SERVICES UNDER THE CIVIL RESERVE
AIR FLEET PROGRAM.
(a) Rate of Payment.--
(1) In general.--Chapter 931 of title 10, United States
Code, is amended by inserting after section 9511 the following
new section:
``Sec. 9511a. Civil Reserve Air Fleet contracts: payment rate
``(a) Authority.--The Secretary of Defense shall determine a fair
and reasonable rate of payment for airlift services provided to the
Department of Defense by air carriers who are participants in the Civil
Reserve Air Fleet program. Such rate of payment shall be determined in
accordance with--
``(1) the methodology and ratemaking procedures in effect
on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2012; and
``(2) such other procedures as the Secretary may prescribe
by regulation.
``(b) Regulations.--The Secretary shall prescribe regulations for
purposes of subsection (a). Such regulations shall include a process
for modifying the ratemaking methodology referred to in paragraph (1)
of that subsection. The Secretary may exclude from the applicability of
such regulations any airlift services contract made through the use of
competitive procedures.
``(c) Commitment of Aircraft as Business Factor.--The Secretary
may, in determining the quantity of business to be received under an
airlift services contract for which the rate of payment is determined
in accordance with subsection (a), use as a factor the relative amount
of airlift capability committed by each air carrier to the Civil
Reserve Air Fleet.
``(d) Inapplicable Provisions of Law.--An airlift services contract
for which the rate of payment is determined in accordance with
subsection (a) shall not be subject to the provisions of section 2306a
of this title or to the provisions of subsections (a) and (b) of
section 1502 of title 41.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 931 of such title is amended by inserting
after the item relating to section 9511 the following new item:
``9511a. Civil Reserve Air Fleet contracts: payment rate.''.
(b) Initial Regulations.--Regulations shall be prescribed under
section 9511a(b) of title 10, United States Code (as added by
subsection (a)), not later than 180 days after the date of the
enactment of this Act.
SEC. 884. CLARIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO PURCHASE
RIGHT-HAND DRIVE PASSENGER SEDAN VEHICLES AND ADJUSTMENT
OF THRESHOLD FOR INFLATION.
(a) Clarification of Authority.--Section 2253(a)(2) of title 10,
United States Code, is amended by striking ``at a cost of not more than
$30,000 each'' and inserting ``, but at a cost of not more than $40,000
each for passenger sedans''.
(b) Adjustment for Inflation.--The Department of Defense
representative to the Federal Acquisition Regulatory Council
established under section 1302 of title 41, United States Code, shall
ensure that the threshold established in section 2253 of title 10,
United States Code, for the acquisition of right-hand drive passenger
sedans is included on the list of dollar thresholds that are subject to
adjustment for inflation in accordance with the requirements of section
1908 of title 41, United States Code, and is adjusted pursuant to such
provision, as appropriate.
SEC. 885. EXTENSION AND EXPANSION OF SMALL BUSINESS PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Extension of SBIR Program.--Section 9(m)(2) of the Small
Business Act (15 U.S.C. 638(m)(2)) is amended by striking ``September
30, 2010'' and inserting ``September 30, 2018''.
(b) Extension of STTR Program.--Section 9(n)(1)(A)(ii) of the Small
Business Act (15 U.S.C. 638(n)(1)(A)(ii)) is amended by striking
``2010'' and inserting ``2018''.
(c) Extension and Expansion of Commercialization Pilot Program.--
Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is amended--
(1) in paragraphs (1), (2), and (4), by inserting ``and the
Small Business Technology Transfer Program'' after ``Small
Business Innovation Research Program''; and
(2) in paragraph (6), by striking ``2010'' and inserting
``2018''.
SEC. 886. THREE-YEAR EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS.
(a) Three-year Extension.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking ``September 30, 2011'' and
inserting ``September 30, 2014''.
(b) Additional Report.--Subsection (f) of such section is amended
by inserting ``and March 1, 2012,'' after ``March 1, 1994,''.
SEC. 887. FIVE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE MENTOR-PROTEGE
PROGRAM.
Section 831(j) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking ``September 30, 2010''
and inserting ``September 30, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2013''
and inserting ``September 30, 2018''.
SEC. 888. REPORT ON ALTERNATIVES FOR THE PROCUREMENT OF FIRE-RESISTANT
AND FIRE-RETARDANT FIBER AND MATERIALS FOR THE PRODUCTION
OF MILITARY PRODUCTS.
(a) Findings.--Congress makes the following findings:
(1) Vehicle and aircraft fires remain a significant force
protection and safety threat for the members of the Armed
Forces, whether deployed in support of ongoing military
operations or while training for future deployment.
(2) Since 2003, the United States Army Institute of
Surgical Research, the sole burn center within the Department
of Defense, has admitted and treated more than 800 combat
casualties with burn injuries. The probability of this type of
injury remains extremely high with continued operations in Iraq
and the surge of forces into Afghanistan and the associated
increase in combat operations.
(3) Advanced fiber products currently in use to protect
first responders such as fire fighters and factory and refinery
personnel in the United States steel and fuel refinery
industries may provide greater protection against burn injuries
to members of the Armed Forces.
(b) Report.--Not later than February 28, 2012, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report on fire-resistant and fire-retardant fibers and materials for
the production of military products. The report shall include the
following:
(1) An identification of the fire-resistance or fire-
retardant properties or capabilities of fibers and materials
(whether domestic or foreign) currently used for the production
of military products that require such properties or
capabilities (including include uniforms, protective equipment,
firefighting equipment, lifesaving equipment, and life support
equipment), and an assessment of the sufficiency, adequacy,
availability, and cost of such fibers and materials for that
purpose.
(2) An identification of the fire-resistance or fire-
retardant properties or capabilities of fibers and materials
(whether domestic or foreign) otherwise available in the United
States that are suitable for use in the production of military
products that require such properties or capabilities, and an
assessment of the sufficiency, adequacy, availability, and cost
of such fibers and materials for that purpose.
SEC. 889. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH RESPECT TO
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.
The Secretary of Defense shall--
(1) redesignate the Evolved Expendable Launch Vehicle
program as a major defense acquisition program not in the
sustainment phase under section 2430 of title 10, United States
Code; or
(2) require the Evolved Expendable Launch Vehicle program--
(A) to provide to the congressional defense
committees all information with respect to the cost,
schedule, and performance of the program that would be
required to be provided under sections 2431 (relating
to weapons development and procurement schedules), 2432
(relating to Select Acquisition Reports, including
updated program life-cycle cost estimates), and 2433
(relating to unit cost reports) of title 10, United
States Code, with respect to the program if the program
were designated as a major defense acquisition program
not in the sustainment phase; and
(B) to provide to the Under Secretary of Defense
for Acquisition, Technology, and Logistics--
(i) a quarterly cost and status report,
commonly known as a Defense Acquisition
Executive Summary, which serves as an early-
warning of actual and potential problems with a
program and provides for possible mitigation
plans; and
(ii) earned value management data that
contains measurements of contractor technical,
schedule, and cost performance.
SEC. 890. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL BASE FOR NIGHT
VISION IMAGE INTENSIFICATION SENSORS.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall undertake an assessment of
the current and long-term availability within the United States and
international industrial base of critical equipment, components,
subcomponents, and materials (including, but not limited to, lenses,
tubes, and electronics) needed to support current and future United
States military requirements for night vision image intensification
sensors. In carrying out the assessment, the Secretary shall--
(1) identify items in connection with night vision image
intensification sensors that the Secretary determines are
critical to military readiness, including key components,
subcomponents, and materials;
(2) describe and perform a risk assessment of the supply
chain for items identified under paragraph (1) and evaluate the
extent to which--
(A) the supply chain for such items could be
disrupted by a loss of industrial capability in the
United States; and
(B) the industrial base obtains such items from
foreign sources; and
(3) describe and assess current and future investment,
gaps, and vulnerabilities in the ability of the Department to
respond to the potential loss of domestic or international
sources that provide items identified under paragraph (1); and
(4) identify and assess current strategies to leverage
innovative night vision image intensification technologies
being pursued in both Department of Defense laboratories and
the private sector for the next generation of night vision
capabilities, including an assessment of the competitiveness
and technological advantages of the United States night vision
image intensification industrial base.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the results of the assessment required
under subsection (a).
SEC. 891. IMPLEMENTATION OF ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE
LAUNCH VEHICLE.
(a) In General.--The Secretary of Defense shall submit, with the
budget justification materials submitted to Congress in support of the
budget of the Department of Defense for fiscal year 2013 (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code), the following information:
(1) A description of how the strategy of the Department to
acquire space launch capability under the Evolved Expendable
Launch Vehicle program implements each of the recommendations
included in the Report of the Government Accountability Office
on the Evolved Expendable Launch Vehicle, dated September 15,
2011 (GAO-11-641).
(2) With respect to any such recommendation that the
Department does not implement, an explanation of how the
Department is otherwise addressing the deficiencies identified
in that report.
(b) Assessment by Comptroller General of the United States.--Not
later than 60 days after the submission of the information required by
subsection (a), the Comptroller General of the United States shall
submit to the congressional defense committees an assessment of that
information and any additional findings or recommendations the
Comptroller General considers appropriate.
SEC. 892. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON THE DEFENSE
INDUSTRIAL BASE.
(a) In General.--Not later than October 1, 2012, the Department of
Defense shall submit to the appropriate congressional committees a
report setting forth an assessment of the impact of foreign boycotts on
the defense industrial base.
(b) Element.--The report required by subsection (a) shall include a
summary of foreign boycotts that posed a material risk to the defense
industrial base from January 2008 to the date of the enactment of this
Act.
(c) Definitions.--In this section:
(1) Foreign boycott.--The term ``foreign boycott'' means
any policy or practice adopted by a foreign government or
foreign business enterprise intended to penalize, disadvantage,
or harm any contractor or subcontractor of the Department of
Defense on account of the provision by that contractor or
subcontractor of any product or service to the Department.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
SEC. 901. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION OF DEPUTY
SECRETARY OF DEFENSE.
Section 132(a) of title 10, United States Code, is amended by
inserting after the first sentence the following new sentence: ``The
Deputy Secretary shall be appointed from among persons most highly
qualified for the position by reason of background and experience,
including persons with appropriate management experience.''.
SEC. 902. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR AIRSHIP PROGRAMS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) designate a senior official of the Department of
Defense as the official with principal responsibility for the
airship programs of the Department; and
(2) set forth the responsibilities of that senior official
with respect to such programs.
SEC. 903. MEMORANDA OF AGREEMENT ON SYNCHRONIZATION OF ENABLING
CAPABILITIES OF GENERAL PURPOSE FORCES WITH THE
REQUIREMENTS OF SPECIAL OPERATIONS FORCES.
By not later than 180 days after the date of the enactment of this
Act, each Secretary of a military department shall enter into a
memorandum of agreement with the Commander of the United States Special
Operations Command establishing procedures by which the availability of
the enabling capabilities of the general purpose forces of the Armed
Forces under the jurisdiction of such Secretary will be synchronized
with the training and deployment cycle of special operations forces
under the United States Special Operations Command.
SEC. 904. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY.
(a) In General.--Chapter 901 of title 10, United States Code, is
amended by inserting after section 9314a the following new section:
``Sec. 9314b. United States Air Force Institute of Technology:
administration
``(a) Commandant.--
``(1) Selection.--The Commandant of the United States Air
Force Institute of Technology shall be selected by the
Secretary of the Air Force.
``(2) Eligibility.--The Commandant shall be one of the
following:
``(A) An officer of the Air Force on active duty in
a grade not below the grade of colonel who possesses
such qualifications as the Secretary considers
appropriate and is assigned or detailed to such
position.
``(B) A member of the Senior Executive Service or a
civilian individual, including an individual who was
retired from the Air Force in a grade not below
brigadier general, who has the qualifications
appropriate for the position of Commandant and is
selected by the Secretary as the best qualified from
among candidates for the position in accordance with a
process and criteria determined by the Secretary.
``(3) Term for civilian commandant.--An individual selected
for the position of Commandant under paragraph (2)(B) shall
serve in that position for a term of not more than five years
and may be continued in that position for an additional term of
up to five years.
``(b) Provost and Academic Dean.--
``(1) In general.--There is established at the United
States Air Force Institute of Technology the civilian position
of Provost and Academic Dean who shall be appointed by the
Secretary.
``(2) Term.--An individual appointed to the position of
Provost and Academic Dean shall serve in that position for a
term of five years.
``(3) Compensation.--The individual serving as Provost and
Academic Dean is entitled to such compensation for such service
as the Secretary shall prescribe for purposes of this section,
but not more than the rate of compensation authorized for level
IV of the Executive Schedule.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 901 of such title is amended by inserting after the item
relating to section 9314a the following new item:
``9314b. United States Air Force Institute of Technology:
administration.''.
SEC. 905. DEFENSE LABORATORY MATTERS.
(a) Repeal of Sunset on Direct Hire Authority at Personnel
Demonstration Laboratories.--Section 1108 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 1580 prec.
note) is amended by striking subsection (e).
(b) Repeal of Sunset on Mechanisms To Provide Funds for
Laboratories for Research and Development of Technologies for Military
Missions.--Section 219 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended
by striking subsection (c).
(c) Repeal of Sunset on Authority for Unspecified Minor Military
Construction for Laboratory Revitalization.--Section 2805(d) of title
10, United States Code, is amended by striking paragraph (5).
(d) Assessment of Military Construction Required for Laboratory
Revitalization and Recapitalization.--
(1) Assessment required.--The Secretary of Defense shall
conduct an assessment of the current requirements of the
defense laboratories for the revitalization and
recapitalization of their infrastructure in order to identity
required military construction.
(2) Elements.--The assessment required by paragraph (1)
shall--
(A) identify the military construction requirements
of the defense laboratories described in paragraph (1)
that cannot be met by current authorities for
unspecified minor military construction; and
(B) establish for each Armed Force a prioritized
list of military construction projects to meet the
requirements described in subparagraph (A), and
identify among the projects so listed each project
previously submitted to a military construction review
panel and the length of time such project has remained
unaddressed.
(3) Reports.--
(A) Status report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a
report describing the current status of the assessment
required by paragraph (1).
(B) Final report.--Not later than one year after
the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a
report on the assessment. The report shall set forth
the following:
(i) The results of the assessment.
(ii) Such recommendations for legislative
or administrative action as the Secretary
considers appropriate in light of the results
of the assessment.
(4) Defense laboratory defined.--In this subsection, the
term ``defense laboratory'' means a laboratory (as that term is
defined in section 2805(d)(4) of title 10, United States Code)
that is owned by the United States and under the jurisdiction
of the Secretary of a military department.
SEC. 906. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NON-UNITED
STATES CITIZENS WITH SCIENTIFIC AND TECHNICAL EXPERTISE
VITAL TO THE NATIONAL SECURITY INTERESTS.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of current and potential mechanisms to permit the Department
of Defense to employ non-United States citizens with critical
scientific and technical skills that are vital to the national security
interests of the United States.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) An identification of the critical scientific and
technical skills that are vital to the national security
interests of the United States and are anticipated to be in
short supply over the next 10 years, and an identification of
the military positions and civilian positions of the Department
of Defense that require such skills.
(2) An identification of mechanisms and incentives for
attracting persons who are non-United States citizens with such
skills to such positions, including the expedited extension of
United States citizenship.
(3) An identification and assessment of any concerns
associated with the provision of security clearances to such
persons.
(4) An identification and assessment of any concerns
associated with the employment of such persons in civilian
positions in the United States defense industrial base,
including in positions in which United States citizenship, a
security clearance, or both are a condition of employment.
(c) Reports.--
(1) Status report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report describing the
current status of the assessment required by subsection (a).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the assessment.
The report shall set forth the following:
(A) The results of the assessment.
(B) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the results of the assessment.
SEC. 907. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION IN
DEPARTMENT OF DEFENSE ACTIVITIES.
It is the sense of Congress to encourage the Department of Defense
to continue the use and enhancement of modeling and simulation (M&S)
across the spectrum of defense activities, including acquisition,
analysis, experimentation, intelligence, planning, medical, test and
evaluation, and training.
SEC. 908. SENSE OF CONGRESS ON TIES BETWEEN JOINT WARFIGHTING AND
COALITION CENTER AND ALLIED COMMAND TRANSFORMATION OF
NATO.
It is the sense of Congress that the successor organization to the
United States Joint Forces Command (USJFCOM), the Joint Warfighting and
Coalition Center, should establish close ties with the Allied Command
Transformation (ACT) command of the North Atlantic Treaty Organization
(NATO).
SEC. 909. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF PERSONNEL AT THE
JOINT WARFARE ANALYSIS CENTER ON PERSONNEL SKILLS.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report setting forth a description and assessment of the
effects of planned reductions of personnel at the Joint Warfare
Analysis Center (JWAC) on the personnel skills to be available at the
Center after the reductions. The report shall be in unclassified form,
but may contain a classified annex.
Subtitle B--Space Activities
SEC. 911. COMMERCIAL SPACE LAUNCH COOPERATION.
(a) In General.--Chapter 135 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2275. Commercial space launch cooperation
``(a) Authority.--The Secretary of Defense may, to assist the
Secretary of Transportation in carrying out responsibilities set forth
in titles 49 and 51 with respect to private sector involvement in
commercial space activities and public-private partnerships pertaining
to space transportation infrastructure, take such actions as the
Secretary considers to be in the best interests of the Federal
Government to do the following:
``(1) Maximize the use of the capacity of the space
transportation infrastructure of the Department of Defense by
the private sector in the United States.
``(2) Maximize the effectiveness and efficiency of the
space transportation infrastructure of the Department of
Defense.
``(3) Reduce the cost of services provided by the
Department of Defense related to space transportation
infrastructure at launch support facilities and space recovery
support facilities.
``(4) Encourage commercial space activities by enabling
investment in the space transportation infrastructure of the
Department of Defense by covered entities.
``(5) Foster cooperation between the Department of Defense
and covered entities.
``(b) Authority for Contracts and Other Agreements Relating to
Space Transportation Infrastructure.--The Secretary of Defense--
``(1) may enter into a contract or other agreement with a
covered entity to provide to the covered entity support and
services related to the space transportation infrastructure of
the Department of Defense; and
``(2) upon the request of that covered entity, may include
such support and services in the space launch and reentry range
support requirements of the Department of Defense if--
``(A) the Secretary determines that the inclusion
of such support and services in such requirements--
``(i) is in the best interests of the
Federal Government;
``(ii) does not interfere with the
requirements of the Department of Defense; and
``(iii) does not compete with the
commercial space activities of other covered
entities, unless that competition is in the
national security interests of the United
States; and
``(B) any commercial requirement included in a
contract or other agreement entered into under this
subsection has full non-Federal funding before the
execution of the contract or other agreement.
``(c) Contributions.--
``(1) In general.--The Secretary of Defense may enter into
contracts or other agreements with covered entities on a
cooperative and voluntary basis to accept contributions of
funds, services, and equipment to carry out this section.
``(2) Use of contributions.--Any funds, services, or
equipment accepted by the Secretary under this subsection--
``(A) may be used only for the objectives specified
in this section in accordance with terms of use set
forth in the contract or other agreement entered into
under this subsection; and
``(B) shall be managed by the Secretary in
accordance with regulations of the Department of
Defense.
``(3) Requirements with respect to agreements.--A contract
or other agreement entered into under this subsection shall
address terms of use, ownership, and disposition of the funds,
services, or equipment contributed pursuant to the contract or
other agreement.
``(d) Defense Cooperation Space Launch Account.--
``(1) Establishment.--There is established in the Treasury
of the United States a special account to be known as the
`Defense Cooperation Space Launch Account'.
``(2) Crediting of funds.--Funds received by the Secretary
of Defense under subsection (c) shall be credited to the
Defense Cooperation Space Launch Account and shall be available
until expended without further authorization or appropriation
only for the objectives specified in this section.
``(e) Annual Report.--Not later than January 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on the funds, services, and equipment accepted and
used by the Secretary under this section during the previous fiscal
year.
``(f) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means a
non-Federal entity that--
``(A) is organized under the laws of the United
States or of any jurisdiction within the United States;
and
``(B) is engaged in commercial space activities.
``(2) Launch support facilities.--The term `launch support
facilities' has the meaning given that term in section 50501(7)
of title 51.
``(3) Space recovery support facilities.--The term `space
recovery support facilities' has the meaning given that term in
section 50501(11) of title 51.
``(4) Space transportation infrastructure.--The term `space
transportation infrastructure' has the meaning given that term
in section 50501(12) of title 51.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2275. Commercial space launch cooperation.''.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations relating to the activities of the Department of Defense
under section 2275 of title 10, United States Code, as added by
subsection (a).
SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF SPACE VEHICLES
AS MAJOR SUBPROGRAMS SUBJECT TO ACQUISITION REPORTING
REQUIREMENTS.
Section 2430a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary of
Defense determines''; and
(2) by adding at the end the following new subparagraph:
``(B) If the Secretary of Defense determines that a major defense
acquisition program to purchase space vehicles requires the delivery of
space vehicles in two or more increments or blocks, the Secretary may
designate each such increment or block as a major subprogram for the
purposes of acquisition reporting under this chapter.''.
SEC. 913. REVIEW TO IDENTIFY INTERFERENCE WITH NATIONAL SECURITY GLOBAL
POSITIONING SYSTEM RECEIVERS BY COMMERCIAL COMMUNICATIONS
SERVICES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the reliable provision of precision navigation and
timing signals by Global Positioning System satellites owned
and operated by the Department of Defense is critical to the
economy, public health and safety, and the national security of
the United States;
(2) any interference with the signals of the Global
Positioning System satellites or the various receivers that use
those signals would be extraordinarily disruptive; and
(3) the Federal Communications Commission should ensure
that the signals of Global Positioning System satellites can be
received without interruption or interference.
(b) Review.--Not later than 90 days after the date of the enactment
of this Act, and every 90 days thereafter until the termination date
described in subsection (d), the Secretary of Defense shall conduct a
review--
(1) to assess the ability of national security Global
Positioning System receivers to receive the signals of Global
Positioning System satellites without interruption or
interference; and
(2) to determine if commercial communications services are
causing or will cause widespread or harmful interference with
national security Global Positioning System receivers.
(c) Notification to Congress.--
(1) In general.--If the Secretary determines under
subsection (b)(2) that commercial communications services are
causing or will cause widespread or harmful interference with
national security Global Positioning System receivers, the
Secretary shall promptly submit to the congressional defense
committees a report notifying those committees of the
interference.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A list and description of the national security
Global Positioning System receivers that are being or
are expected to be interfered with by commercial
communications services.
(B) A description of the source of, and the entity
causing or expected to cause, the interference with
those receivers.
(C) A description of the manner in which that
source or entity is causing or is expected to cause the
interference.
(D) A description of the magnitude of harm caused
or expected to be caused by the interference.
(E) A description of the duration of and the
conditions and circumstances under which the
interference is occurring or is expected to occur.
(F) A description of the impact of the interference
on the national security interests of the United
States.
(G) A description of the plans of the Secretary to
address, alleviate, or mitigate the interference or the
harm caused or expected to be caused by the
interference.
(d) Termination Date Described.--The requirement that the Secretary
conduct the review under subsection (b) and submit the report under
subsection (c) shall terminate on the earlier of--
(1) the date that is 2 years after the date of the
enactment of this Act; or
(2) the date on which the Secretary--
(A) determines that there is no widespread or
harmful interference with national security Global
Positioning System receivers by commercial
communication services; and
(B) notifies the congressional defense committees
of that determination.
Subtitle C--Intelligence Matters
SEC. 921. EXPANSION OF AUTHORITY FOR EXCHANGES OF MAPPING, CHARTING,
AND GEODETIC DATA TO INCLUDE NONGOVERNMENTAL
ORGANIZATIONS AND ACADEMIC INSTITUTIONS.
(a) Broadening of Authority.--Section 454 of title 10, United
States Code, is amended--
(1) by inserting ``(a) Foreign Countries and International
Organizations.--'' before ``The Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Nongovernmental Organizations and Academic Institutions.--The
Secretary may authorize the National Geospatial-Intelligence Agency to
exchange or furnish mapping, charting, and geodetic data, supplies, and
services relating to areas outside of the United States to a
nongovernmental organization or an academic institution engaged in
geospatial information research or production of such areas pursuant to
an agreement for the production or exchange of such data.''.
(b) Conforming Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 454. Exchange of mapping, charting, and geodetic data with
foreign countries, international organizations,
nongovernmental organizations, and academic
institutions''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 22 of such title is
amended by striking the item relating to section 454 and
inserting the following new item:
``454. Exchange of mapping, charting, and geodetic data with foreign
countries, international organizations,
nongovernmental organizations, and academic
institutions.''.
SEC. 922. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL OPERATIONS
ACTIVITIES ABROAD.
Section 2682 of title 10, United States Code, is amended--
(1) by inserting ``(a) Maintenance and Repair.--'' before
``The maintenance and repair'';
(2) by designating the second sentence as subsection (b),
realigning such subsection so as to be indented two ems from
the left margin, and inserting ``Jurisdiction.--'' before ``A
real property facility''; and
(3) by adding at the end the following new subsection:
``(c) Facilities for Intelligence Collection or for Special
Operations Abroad.--The Secretary of Defense may maintain and repair,
and may exercise jurisdiction over, a real property facility if
necessary to provide security for authorized intelligence collection or
special operations activities abroad undertaken by the Department of
Defense.''.
SEC. 923. OZONE WIDGET FRAMEWORK.
(a) Mechanism for Internet Publication of Information for
Development of Analysis Tools and Applications.--The Director of the
Defense Information Systems Agency shall implement a mechanism to
publish and maintain on the public Internet the Application Programming
Interface specifications, a developer's toolkit, source code, and such
other information on, and resources for, the Ozone Widget Framework
(OWF) as the Director considers necessary to permit individuals and
companies to develop, integrate, and test analysis tools and
applications for use by the Department of Defense and the elements of
the intelligence community.
(b) Process for Voluntary Contribution of Improvements by Private
Sector.--In addition to the requirement under subsection (a), the
Director shall also establish a process by which private individuals
and companies may voluntarily contribute the following:
(1) Improvements to the source code and documentation for
the Ozone Widget Framework.
(2) Alternative or compatible implementations of the
published Application Programming Interface specifications for
the Framework.
(c) Encouragement of Use and Development.--The Director shall,
whenever practicable, encourage and foster the use, support,
development, and enhancement of the Ozone Widget Framework by the
computer industry and commercial information technology vendors,
including the development of tools that are compatible with the
Framework.
SEC. 924. PLAN FOR INCORPORATION OF ENTERPRISE QUERY AND CORRELATION
CAPABILITY INTO THE DEFENSE INTELLIGENCE INFORMATION
ENTERPRISE.
(a) Plan Required.--
(1) In general.--The Under Secretary of Defense for
Intelligence shall develop a plan for the incorporation of an
enterprise query and correlation capability into the Defense
Intelligence Information Enterprise (D2IE).
(2) Elements.--The plan required by paragraph (1) shall--
(A) include an assessment of all the current and
planned advanced query and correlation systems which
operate on large centralized databases that are
deployed or to be deployed in elements of the Defense
Intelligence Information Enterprise; and
(B) determine where duplication can be eliminated,
how use of these systems can be expanded, whether these
systems can be operated collaboratively, and whether
they can and should be integrated with the
enterprisewide query and correlation capability
required pursuant to paragraph (1).
(b) Pilot Program.--
(1) In general.--The Under Secretary shall conduct a pilot
program to demonstrate an enterprisewide query and correlation
capability through the Defense Intelligence Information
Enterprise program.
(2) Purpose.--The purpose of the pilot program shall be to
demonstrate the capability of an enterprisewide query and
correlation system to achieve the following:
(A) To conduct complex, simultaneous queries by a
large number of users and analysts across numerous,
large distributed data stores with response times
measured in seconds.
(B) To be scaled up to operate effectively on all
the data holdings of the Defense Intelligence
Information Enterprise.
(C) To operate across multiple levels of security
with data guards.
(D) To operate effectively on both unstructured
data and structured data.
(E) To extract entities, resolve them, and (as
appropriate) mask them to protect sources and methods,
privacy, or both.
(F) To control access to data by means of on-line
electronic user credentials, profiles, and
authentication.
(c) Report.--Not later than November 1, 2012, the Under Secretary
shall submit to the appropriate committees of Congress a report on the
actions undertaken by the Under Secretary to carry out this section.
The report shall set forth the plan developed under subsection (a) and
a description and assessment of the pilot program conducted under
subsection (b).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle D--Cybersecurity Matters
SEC. 931. STRATEGY TO ACQUIRE CAPABILITIES TO DETECT PREVIOUSLY UNKNOWN
CYBER ATTACKS.
(a) In General.--The Secretary of Defense shall develop and
implement a plan to augment the cybersecurity strategy of the
Department of Defense through the acquisition of advanced capabilities
to discover and isolate penetrations and attacks that were previously
unknown and for which signatures have not been developed for
incorporation into computer intrusion detection and prevention systems
and anti-virus software systems.
(b) Capabilities.--
(1) Nature of capabilities.--The capabilities to be
acquired under the plan required by subsection (a) shall--
(A) be adequate to enable well-trained analysts to
discover the sophisticated attacks conducted by nation-
state adversaries that are categorized as ``advanced
persistent threats'';
(B) be appropriate for--
(i) endpoints or hosts;
(ii) network-level gateways operated by the
Defense Information Systems Agency where the
Department of Defense network connects to the
public Internet; and
(iii) global networks owned and operated by
private sector Tier 1 Internet Service
Providers;
(C) at the endpoints or hosts, add new discovery
capabilities to the Host-Based Security System of the
Department, including capabilities such as--
(i) automatic blocking of unauthorized
software programs and accepting approved and
vetted programs;
(ii) constant monitoring of all key
computer attributes, settings, and operations
(such as registry keys, operations running in
memory, security settings, memory tables, event
logs, and files); and
(iii) automatic baselining and remediation
of altered computer settings and files;
(D) at the network-level gateways and internal
network peering points, include the sustainment and
enhancement of a system that is based on full-packet
capture, session reconstruction, extended storage, and
advanced analytic tools, by--
(i) increasing the number and skill level
of the analysts assigned to query stored data,
whether by contracting for security services,
hiring and training Government personnel, or
both; and
(ii) increasing the capacity of the system
to handle the rates for data flow through the
gateways and the storage requirements specified
by the United States Cyber Command; and
(E) include the behavior-based threat detection
capabilities of Tier 1 Internet Service Providers and
other companies that operate on the global Internet.
(2) Source of capabilities.--The capabilities to be
acquired shall, to the maximum extent practicable, be acquired
from commercial sources. In making decisions on the procurement
of such capabilities from among competing commercial and
Government providers, the Secretary shall take into
consideration the needs of other departments and agencies of
the Federal Government, State and local governments, and
critical infrastructure owned and operated by the private
sector for unclassified, affordable, and sustainable commercial
solutions.
(c) Integration and Management of Discovery Capabilities.--The plan
required by subsection (a) shall include mechanisms for improving the
standardization, organization, and management of the security
information and event management systems that are widely deployed
across the Department of Defense to improve the ability of United
States Cyber Command to understand and control the status and condition
of Department networks, including mechanisms to ensure that the
security information and event management systems of the Department
receive and correlate data collected and analyses conducted at the host
or endpoint, at the network gateways, and by Internet Service Providers
in order to discover new attacks reliably and rapidly.
(d) Provision for Capability Demonstrations.--The plan required by
subsection (a) shall provide for the conduct of demonstrations, pilot
projects, and other tests on cyber test ranges and operational networks
in order to determine and verify that the capabilities to be acquired
pursuant to the plan are effective, practical, and affordable.
(e) Report.--Not later than April 1, 2012, the Secretary shall
submit to the congressional defense committees a report on the plan
required by subsection (a). The report shall set forth the plan and
include a comprehensive description of the actions being undertaken by
the Department to implement the plan.
SEC. 932. PROGRAM IN SUPPORT OF DEPARTMENT OF DEFENSE POLICY ON
SUSTAINING AND EXPANDING INFORMATION SHARING.
(a) Program Required.--The Secretary of Defense shall carry out a
program to support the policy of the Department of Defense on
sustaining and expanding information sharing which program shall
provide for the adoption and improvement of technical and procedural
capabilities to detect and prevent personnel without authorization from
acquiring and exporting information from classified networks.
(b) Capabilities.--Options for the technical and procedural
capabilities to be adopted and improved under the program required by
subsection (a) shall include, but not be limited to, capabilities for
the following:
(1) Disabling the removable media ports of computers,
whether physically or electronically.
(2) In the case of computers authorized to write to
removable media, requiring systems administrator approval for
transfers of data.
(3) Electronic monitoring and reporting of compliance with
policies on downloading of information to removable media, and
of attempts to circumvent such policies.
(4) Using public-key infrastructure-based identity
authentication and user profiles to control information access
and use.
(5) Electronic auditing and reporting of user activities to
deter and detect unauthorized activities.
(6) Using data-loss-prevention and data-rights management
technology to prevent the unauthorized export of information
from a network or to render the information unusable in the
event of unauthorized export.
(7) Appropriately implementing and integrating such
capabilities to enable efficient management and operations, and
effective protection of information, without impairing the work
of analysts and users of networks.
(c) Program Within Broader Approach to Cybersecurity Challenges.--
In developing the program required by subsection (a), the Secretary--
(1) shall take into account that the prevention of security
breaches from personnel operating from inside Department
networks substantially overlaps with the prevention of cyber
attacks (including prevention of theft of information and
intellectual property and the destruction of information and
network functionality); and
(2) should make decisions about the utility and
affordability of capabilities under subsection (b) for purposes
of the program in full contemplation of the broad range of
cybersecurity challenges facing the Department.
(d) Budget Matters.--The budget justification documents for the
budget of the President for each fiscal year after fiscal year 2012, as
submitted to Congress pursuant to section 1105 of title 31, United
States Code, shall set forth information on the program required by
subsection (a), including the following:
(1) The amount requested for such fiscal year for the
program.
(2) A description of the objectives and scope of the
program for such fiscal year, including management objectives
and program milestones and performance metrics for such fiscal
year.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL 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 Department of Defense in this division for
fiscal year 2012 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$5,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. DEFENSE BUSINESS SYSTEMS.
(a) Availability of Funds for Defense Business System Programs.--
(1) Conditions for obligation.--Subsection (a) of section
2222 of title 10, United States Code, is amended to read as
follows:
``(a) Conditions for Obligation of Funds for Covered Defense
Business System Programs.--Appropriated and nonappropriated funds
available to the Department of Defense may not be obligated for a
covered defense business system program unless--
``(1) the appropriate chief management officer for the
defense business system program has--
``(A) determined that--
``(i) the defense business system program
is in compliance with the enterprise
architecture developed under subsection (c);
and
``(ii) appropriate business process
reengineering efforts have been undertaken to
ensure that--
``(I) the business process to be
supported by the defense business
system program will be as streamlined
and efficient as practicable; and
``(II) the need to tailor
commercial-off-the-shelf systems to
meet unique requirements or incorporate
unique interfaces has been eliminated
or reduced to the maximum extent
practicable; or
``(B) waived the requirement in subparagraph (A) on
the basis of a determination by the chief management
officer that--
``(i) the defense business system program
is necessary to achieve a critical national
security capability or address a critical
requirement in an area such as safety or
security; or
``(ii) the defense business system program
is necessary to prevent a significant adverse
effect on a project that is needed to achieve
an essential capability, taking into
consideration the alternative solutions for
preventing such adverse effect;
``(2) the determination or waiver of the chief management
officer under paragraph (1) has been reviewed, approved, and
certified by an appropriate investment review board established
under subsection (g); and
``(3) the certification by the investment review board
under paragraph (2) has been approved by the Defense Business
Systems Management Committee.''.
(2) Treatment of certain obligations of funds.--Subsection
(b) of such section is amended by striking ``business system''
and all that follows through ``such subsection'' and inserting
``covered defense business system program that has not been
certified or approved in accordance with subsection (a)''.
(b) Enterprise Architecture.--
(1) In general.--Subsection (c) of such section is
amended--
(A) in paragraph (1), by inserting ``, known as the
defense business enterprise architecture,'' after ``an
enterprise architecture''; and
(B) in paragraph (2), by striking ``the enterprise
architecture for defense business systems'' and
inserting ``the defense business enterprise
architecture''.
(2) Composition.--Subsection (d) of such section is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``all'' and inserting ``applicable law,
including''; and
(ii) in subparagraph (B), by inserting
``business and'' before ``financial
information'';
(B) in paragraph (2), by inserting ``performance
measures,'' after ``data standards,''; and
(C) by adding at the end the following new
paragraph:
``(3) A target systems environment, aligned to the business
enterprise architecture, for each of the major business
processes conducted by the Department of Defense, as determined
by the Chief Management Officer of the Department of
Defense.''.
(3) Transition plan.--Subsection (e) of such section is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``The
acquisition strategy for'' and inserting ``A
listing of the''; and
(ii) in subparagraph (B)--
(I) by striking ``defense business
systems as of December 2, 2002'' and
inserting ``existing defense business
systems''; and
(II) by striking the comma before
``that will''; and
(B) in paragraph (2), by striking ``Each of the
strategies under paragraph (1)'' and inserting ``For
each system listed under paragraph (1), the transition
plan''.
(c) Responsible Senior Officials and Chief Management Officers.--
Subsection (f) of such section is amended--
(1) by striking all the matter preceding subparagraph (A)
of paragraph (1) and inserting the following:
``(f) Designation of Senior Officials and Chief Management
Officers.--(1) For purposes of subsection (g), the appropriate senior
Department of Defense official for the functions and activities
supported by a covered defense business system is as follows:'';
(2) in such paragraph (1), as so amended--
(A) by striking ``shall be responsible and
accountable for'' each place it appears and inserting
``, in the case of'';
(B) in subparagraph (D), by striking ``Assistant
Secretary of Defense for Networks and Information
Integration and the''; and
(C) in subparagraph (E), by striking ``Deputy
Secretary of Defense'' and all that follows through
``responsible for'' and inserting ``Deputy Chief
Management Officer of the Department of Defense, in the
case of''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``subsection (a)'' and
inserting ``subsections (a) and (g)''; and
(ii) by striking ``modernization'' and
inserting ``program'';
(B) in subparagraph (D), by inserting ``the
Director of such Defense Agency, unless otherwise
approved by'' before ``the Deputy Chief Management
Officer''; and
(C) in subparagraph (E), by inserting ``the
designee of'' before ``the Deputy Chief Management
Officer''.
(d) Investment Review.--Subsection (g) of such section is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) The Secretary of Defense, acting through the Chief Management
Officer of the Department of Defense, shall establish, by not later
than March 15, 2012, an investment review board and investment
management process, consistent with section 11312 of title 40, to
review the planning, design, acquisition, development, deployment,
operation, maintenance, modernization, and project cost benefits and
risks of covered defense business system programs. The investment
review process so established shall specifically address the
requirements of subsection (a).''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``systems'' and inserting ``system programs'';
(B) in subparagraph (A), by striking ``defense
business system'' and all that follows through ``as an
investment'' and inserting ``covered defense business
system program, in accordance with the requirements of
subsection (a),'';
(C) in subparagraph (B), by striking ``every
defense business system'' and all that follows and
inserting ``covered defense business system programs,
grouped in portfolios of defense business systems;'';
(D) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) Representation on each investment review board by
appropriate officials from among the Office of the Secretary of
Defense, the armed forces, the combatant commands, the Joint
Chiefs of Staff, and the Defense Agencies, including
representatives of each of the following:
``(i) The appropriate chief management officer for
the defense business system under review.
``(ii) The appropriate senior Department of Defense
official for the functions and activities supported by
the defense business system under review.
``(iii) The Chief Information Officer of the
Department of Defense.''; and
(E) in subparagraph (D), by striking
``investments'' and inserting ``programs''.
(e) Budget Information.--Subsection (h) of such section is
amended--
(1) in paragraph (1), by inserting ``program'' after
``defense business system'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``such system'' and inserting ``such
program''; and
(B) in subparagraph (A), by striking ``the system''
and inserting ``the system covered by such program'';
(3) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) For each such program, an identification of the
appropriate chief management officer and senior Department of
Defense official designated under subsection (f).''; and
(4) in paragraph (4), by striking ``such system'' both
places it appears and inserting ``such program''.
(f) Reports to Congress.--Subsection (i) of such section is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``2005 through 2013'' and inserting
``2012 through 2016'';
(B) by striking the second sentence; and
(C) by striking ``Subsequent reports'' and
inserting ``Each report'';
(2) by striking ``modernizations'' each place it appears in
paragraphs (1) and (2) and inserting ``programs'';
(3) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) identify any covered defense business system program
for which a waiver was granted under subsection (a)(1)(B)
during the preceding fiscal year, and set forth the reasons for
each such waver; and''; and
(4) in paragraph (4), by striking ``modernization efforts''
and inserting ``programs''.
(g) Definitions.--Subsection (j) of such section is amended--
(1) by striking paragraphs (1) and (3);
(2) by redesignating paragraphs (2), (4), (5), and (6) as
paragraphs (1), (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1), as redesignated by
paragraph (2) of this subsection, the following new paragraph
(2):
``(2) The term `covered defense business system program'
means any program as follows:
``(A) A program for the acquisition or development
of a new defense business system with a total cost in
excess of $1,000,000.
``(B) A program for any significant modification or
enhancement of an existing defense business system with
a total cost in excess of $1,000,000.
``(C) A program for the operation and maintenance
of an existing defense business system, if the
estimated cost of operation and maintenance of such
system exceeds $1,000,000 over the period of the
current future-years defense program submitted to
Congress under section 221 of this title.''.
SEC. 1003. MODIFICATION OF AUTHORITIES ON CERTIFICATION AND CREDENTIAL
STANDARDS FOR FINANCIAL MANAGEMENT POSITIONS IN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 1599d of title 10, United States Code, is
amended to read as follows:
``Sec. 1599d. Financial management positions: authority to prescribe
professional certification and credential standards
``(a) Authority To Prescribe Professional Certification and
Credential Standards.--The Secretary of Defense may prescribe
professional certification and credential standards for financial
management positions within the Department of Defense, including
requirements for formal education and requirements for certifications
that individuals have met predetermined qualifications set by an agency
of Government or by an industry or professional group. Any such
professional certification or credential standard shall be prescribed
as a Department regulation.
``(b) Waiver.--The Secretary may waive any standard prescribed
under subsection (a) whenever the Secretary determines such a waiver to
be appropriate.
``(c) Applicability.--(1) Except as provided in paragraph (2), the
Secretary may, in the Secretary's discretion--
``(A) require that a standard prescribed under subsection
(a) apply immediately to all personnel holding financial
management positions designated by the Secretary; or
``(B) delay the imposition of such a standard for a
reasonable period to permit persons holding financial
management positions so designated time to comply.
``(2) A formal education requirement prescribed under subsection
(a) shall not apply to any person employed by the Department in a
financial management position before the standard is prescribed.
``(d) Discharge of Authority.--The Secretary shall prescribe any
professional certification or credential standards under subsection (a)
through the Under Secretary of Defense (Comptroller), in consultation
with the Under Secretary of Defense for Personnel and Readiness.
``(e) Reports.--Not later than one year after the effective date of
any regulations prescribed under subsection (a), or any significant
modification of such regulations, the Secretary shall, in conjunction
with the Director of the Office of Personnel Management, submit to
Congress a report setting forth the plans of the Secretary to provide
training to appropriate Department personnel to meet any new
professional certification or credential standard under such
regulations or modification.
``(f) Financial Management Position Defined.--In this section, the
term `financial management position' means a position or group of
positions (including civilian and military positions), as designated by
the Secretary for purposes of this section, that perform, supervise, or
manage work of a fiscal, financial management, accounting, auditing,
cost or budgetary nature, or that require the performance of financial
management related work.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking the item relating to
section 1599d and inserting the following new item:
``1599d. Financial management positions: authority to prescribe
professional certification and credential
standards.''.
SEC. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE PROTECTION
AGREEMENTS.
(a) In General.--Section 5(b) of the Act of May 27, 1955 (chapter
105; 69 Stat. 67; 42 U.S.C. 1856d(b)), is amended to read as follows:
``(b) Notwithstanding subsection (a), all sums received as
reimbursements for costs incurred by any Department of Defense activity
for fire protection rendered pursuant to this Act shall be credited to
the same appropriation or fund from which the expenses were paid or, if
the period of availability for obligation for that appropriation has
expired, to the appropriation or fund that is currently available to
the activity for the same purpose. Amounts so credited shall be subject
to the same provisions and restrictions as the appropriation or account
to which credited.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to reimbursements for expenditures of funds
appropriated after the date of the enactment of this Act.
SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF DEPARTMENT OF
DEFENSE.
Section 1003(a)(2)(A)(ii) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222
note) is amended by inserting ``, and that a complete and validated
full statement of budget resources is ready by not later than September
30, 2014'' after ``validated as ready for audit by not later than
September 30, 2017''.
SEC. 1006. PLAN TO ENSURE AUDIT READINESS OF STATEMENTS OF BUDGETARY
RESOURCES.
(a) Planning Requirement.--The report to be issued pursuant to
section 1003(b) of the National Defense Authorization Act for 2010
(Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222 note) and provided
by not later than May 15, 2012, shall include a plan, including interim
objectives and a schedule of milestones for each military department
and for the defense agencies, to ensure that the statement of budgetary
resources of the Department of Defense meets the goal established by
the Secretary of Defense of being validated for audit by not later than
September 30, 2014. Consistent with the requirements of such section,
the plan shall ensure that the actions to be taken are systemically
tied to process and control improvements and business systems
modernization efforts necessary for the Department to prepare timely,
reliable, and complete financial management information on a repeatable
basis.
(b) Semiannual Updates.--The reports to be issued pursuant to such
section after the report described in subsection (a) shall update the
plan required by such subsection and explain how the Department has
progressed toward meeting the milestones established in the plan.
Subtitle B--Counter-Drug Activities
SEC. 1011. FIVE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF
DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR
COUNTERDRUG ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.
(a) Five-year Extension.--Subsection (a) of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374
note) is amended by striking ``During fiscal years 2002 through 2011''
and inserting ``Until September 30, 2016''.
(b) Coverage of Tribal Law Enforcement Agencies.--
(1) In general.--Such section is further amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``tribal,'' after ``local,''; and
(ii) in paragraph (2), by striking ``State
or local'' both places it appears and insert
``State, local, or tribal''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``State
or local'' and inserting ``State, local, or
tribal'';
(ii) in paragraph (4), by striking ``State,
or local'' and inserting ``State, local, or
tribal''; and
(iii) in paragraph (5), by striking ``State
and local'' and inserting ``State, local, and
tribal''.
(2) Tribal government defined.--Such section is further
amended by adding at the end the following new subsection:
``(i) Definitions Relating to Tribal Governments.--In this section:
``(1) The term `Indian tribe' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(2) The term `tribal government' means the governing body
of an Indian tribe.''.
SEC. 1012. FIVE-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN
FOREIGN GOVERNMENTS.
(a) In General.--Subsection (a)(2) of section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1014(a) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4337), is further amended by striking ``2012''
and inserting ``2017''.
(b) Maximum Amount of Support.--Section (e)(2) of such section, as
so amended, is further amended--
(1) by striking ``$75,000,000'' and inserting
``$100,000,000''; and
(2) by striking ``2012'' and inserting ``2017''.
(c) Additional Governments Eligible To Receive Support.--Subsection
(b) of such section, as most recently amended by section 1024(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4587), is further amended by adding at
the end the following new paragraphs:
``(23) Government of Benin.
``(24) Government of Cape Verde.
``(25) Government of The Gambia.
``(26) Government of Ghana.
``(27) Government of Guinea.
``(28) Government of Ivory Coast.
``(29) Government of Jamaica.
``(30) Government of Liberia.
``(31) Government of Mauritania.
``(32) Government of Nicaragua.
``(33) Government of Nigeria.
``(34) Government of Sierra Leone.
``(35) Government of Togo.''.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN
COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by the
section 1013 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4347), is further
amended by striking ``February 15, 2011'' and inserting ``February 15,
2012''.
SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
(a) Extension.--Section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended
by striking ``2011'' and inserting ``2012''.
(b) Limitation on Exercise of Authority.--The authority in section
1022 of the National Defense Authorization Act for Fiscal Year 2004, as
amended by subsection (a), may not be exercised after September 30,
2011, unless the Secretary of Defense certifies to Congress, in
writing, that the Department of Defense is in compliance with the
provisions of paragraph (2) of subsection (d) of such section, as added
by section 1012(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4346).
SEC. 1015. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG AND
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
Section 1021(a)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2042), as most recently amended by section 1011 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4346), is further amended by striking ``2011'' and
inserting ``2012''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. LIMITATION ON AVAILABILITY OF FUNDS FOR PLACING MARITIME
PREPOSITIONING SHIP SQUADRONS ON REDUCED OPERATING
STATUS.
No amounts authorized to be appropriated by this Act may be
obligated or expended to place a Maritime Prepositioning Ship squadron,
or any component thereof, on reduced operating status until the later
of the following:
(1) The date on which the Commandant of the Marine Corps
submits to the congressional defense committees a report
setting forth an assessment of the impact on military readiness
of the plans of the Navy for placing such Maritime
Prepositioning Ship squadron, or component thereof, on reduced
operating status.
(2) The date on which the Chief of Naval Operations submits
to the congressional defense committees a report that--
(A) describes the plans of the Navy for placing
such Maritime Prepositioning Ship squadron, or
component thereof, on reduced operating status; and
(B) sets forth comments of the Chief of Naval
Operations on the assessment described in paragraph
(1).
(3) The date on which the Secretary of Defense certifies to
the congressional defense committees that the risks to
readiness of placing such Maritime Prepositioning squadron, or
component thereof, on reduced operating status are acceptable.
SEC. 1022. MODIFICATION OF CONDITIONS ON STATUS OF RETIRED AIRCRAFT
CARRIER EX-JOHN F. KENNEDY.
Section 1011(c)(2) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2374) is amended by striking ``shall require'' and all that follows and
inserting ``may, notwithstanding paragraph (1), demilitarize the vessel
in preparation for the transfer.''.
SEC. 1023. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME SAFETY OF
FORCES AND HYDROGRAPHIC SUPPORT.
(a) Authority.--Part IV of subtitle C of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 669--MARITIME SAFETY OF FORCES
``Sec.
``7921. Safety and effectiveness information; hydrographic information.
``Sec. 7921. Safety and effectiveness information; hydrographic
information
``(a) Safety and Effectiveness Information.--(1) The Secretary of
the Navy shall maximize the safety and effectiveness of all maritime
vessels, aircraft, and forces of the armed forces by means of--
``(A) marine data collection;
``(B) numerical weather and ocean prediction; and
``(C) forecasting of hazardous weather and ocean
conditions.
``(2) The Secretary may extend similar support to forces of the
North Atlantic Treaty Organization, and to coalition forces, that are
operating with the armed forces.
``(b) Hydrographic Information.--The Secretary of the Navy shall
collect, process, and provide to the Director of the National
Geospatial-Intelligence Agency hydrographic information to support
preparation of maps, charts, books, and geodetic products by that
Agency.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle C of such title, and the table of chapters at the beginning of
part IV of such subtitle, are each amended by inserting after the item
relating to chapter 667 the following new item:
``669. Maritime Safety of Forces............................ 7921''.
SEC. 1024. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR NAMING THE
VESSELS OF THE NAVY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the policies and practices of the Navy for naming
vessels of the Navy.
(b) Elements.--The report required by subsection (a) shall set
forth the following:
(1) A description of the current policies and practices of
the Navy for naming vessels of the Navy.
(2) A description of the extent to which the policies and
practices described under paragraph (1) vary from historical
policies and practices of the Navy for naming vessels of the
Navy, and an explanation for such variances (if any).
(3) An assessment of the feasibility and advisability of
establishing fixed policies for the naming of one or more
classes of vessels of the Navy, and a statement of the policies
recommended to apply to each class of vessels recommended to be
covered by such fixed policies if the establishment of such
fixed policies is considered feasible and advisable.
(4) Any other matters relating to the policies and
practices of the Navy for naming vessels of the Navy that the
Secretary of Defense considers appropriate.
SEC. 1025. ASSESSMENT OF STATIONING OF ADDITIONAL DDG-51 CLASS
DESTROYERS AT NAVAL STATION MAYPORT, FLORIDA.
(a) Navy Assessment Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Navy shall
conduct an analysis of the costs and benefits of stationing
additional DDG-51 class destroyers at Naval Station Mayport,
Florida.
(2) Elements.--The analysis required by paragraph (1) shall
include, at a minimum, the following:
(A) Consideration of the negative effects on the
ship repair industrial base at Naval Station Mayport
caused by the retirement of FFG-7 class frigates and
the procurement delays of the Littoral Combat Ship,
including, in particular, the increase in costs (which
would be passed on to the taxpayer) of reconstituting
the ship repair industrial base at Naval Station
Mayport following the projected drastic decrease in
workload.
(B) Updated consideration of life extensions of
FFG-7 class frigates in light of continued delays in
deliveries of the Littoral Combat Ship deliveries.
(C) Consideration of the possibility of bringing
additional surface warships to Naval Station Mayport
for maintenance with the consequence of spreading the
ship repair workload appropriately amongst the various
public and private shipyards and ensuring the long-term
health of the shipyard in Mayport.
(b) Comptroller General of the United States Assessment.--Not later
than 120 days after the submittal of the report required by subsection
(a), the Comptroller General of the United States shall submit to
Congress an assessment by the Comptroller General of the report,
including a determination whether or not the report complies with
applicable best practices.
SEC. 1026. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE NAVY.
(a) Transfer From MARAD Authorized.--The Secretary of the Navy may,
subject to appropriations, from funds available for the Department of
Defense for fiscal year 2012, provide to the Maritime Administration of
the Department of Transportation an amount not to exceed $35,000,000
for the transfer by the Maritime Administration to the Department of
the Navy of jurisdiction and control over the vessels as follows:
(1) M/V HUAKAI.
(2) M/V ALAKAI.
(b) Use as Department of Defense Sealift Vessels.--Each vessel
transferred to the Department of the Navy under subsection (a) shall be
administered as a Department of Defense sealift vessel (as such term is
defined in section 2218(k)(2) of title 10, United States Code).
Subtitle D--Detainee Matters
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED
STATES TO DETAIN COVERED PERSONS PURSUANT TO THE
AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General.--Congress affirms that the authority of the
President to use all necessary and appropriate force pursuant to the
Authorization for Use of Military Force (Public Law 107-40) includes
the authority for the Armed Forces of the United States to detain
covered persons (as defined in subsection (b)) pending disposition
under the law of war.
(b) Covered Persons.--A covered person under this section is any
person as follows:
(1) A person who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported
al-Qaeda, the Taliban, or associated forces that are engaged in
hostilities against the United States or its coalition
partners, including any person who has committed a belligerent
act or has directly supported such hostilities in aid of such
enemy forces.
(c) Disposition Under Law of War.--The disposition of a person
under the law of war as described in subsection (a) may include the
following:
(1) Detention under the law of war without trial until the
end of the hostilities authorized by the Authorization for Use
of Military Force.
(2) Trial under chapter 47A of title 10, United States Code
(as amended by the Military Commissions Act of 2009 (title
XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent
tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person's
country of origin, any other foreign country, or any other
foreign entity.
(d) Construction.--Nothing in this section is intended to limit or
expand the authority of the President or the scope of the Authorization
for Use of Military Force.
(e) Authorities.--Nothing in this section shall be construed to
affect existing law or authorities, relating to the detention of United
States citizens, lawful resident aliens of the United States or any
other persons who are captured or arrested in the United States.
(f) Requirement for Briefings of Congress.--The Secretary of
Defense shall regularly brief Congress regarding the application of the
authority described in this section, including the organizations,
entities, and individuals considered to be ``covered persons'' for
purposes of subsection (b)(2).
SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.
(a) Custody Pending Disposition Under Law of War.--
(1) In general.--Except as provided in paragraph (4), the
Armed Forces of the United States shall hold a person described
in paragraph (2) who is captured in the course of hostilities
authorized by the Authorization for Use of Military Force
(Public Law 107-40) in military custody pending disposition
under the law of war.
(2) Covered persons.--The requirement in paragraph (1)
shall apply to any person whose detention is authorized under
section 1031 who is determined--
(A) to be a member of, or part of, al-Qaeda or an
associated force that acts in coordination with or
pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning
or carrying out an attack or attempted attack against
the United States or its coalition partners.
(3) Disposition under law of war.--For purposes of this
subsection, the disposition of a person under the law of war
has the meaning given in section 1031(c), except that no
transfer otherwise described in paragraph (4) of that section
shall be made unless consistent with the requirements of
section 1033.
(4) Waiver for national security.--The Secretary of Defense
may, in consultation with the Secretary of State and the
Director of National Intelligence, waive the requirement of
paragraph (1) if the Secretary submits to Congress a
certification in writing that such a waiver is in the national
security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident
Aliens.--
(1) United states citizens.--The requirement to detain a
person in military custody under this section does not extend
to citizens of the United States.
(2) Lawful resident aliens.--The requirement to detain a
person in military custody under this section does not extend
to a lawful resident alien of the United States on the basis of
conduct taking place within the United States, except to the
extent permitted by the Constitution of the United States.
(c) Implementation Procedures.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the President shall issue, and
submit to Congress, procedures for implementing this section.
(2) Elements.--The procedures for implementing this section
shall include, but not be limited to, procedures as follows:
(A) Procedures designating the persons authorized
to make determinations under subsection (a)(2) and the
process by which such determinations are to be made.
(B) Procedures providing that the requirement for
military custody under subsection (a)(1) does not
require the interruption of ongoing surveillance or
intelligence gathering with regard to persons not
already in the custody or control of the United States.
(C) Procedures providing that a determination under
subsection (a)(2) is not required to be implemented
until after the conclusion of an interrogation session
which is ongoing at the time the determination is made
and does not require the interruption of any such
ongoing session.
(D) Procedures providing that the requirement for
military custody under subsection (a)(1) does not apply
when intelligence, law enforcement, or other government
officials of the United States are granted access to an
individual who remains in the custody of a third
country.
(E) Procedures providing that a certification of
national security interests under subsection (a)(4) may
be granted for the purpose of transferring a covered
person from a third country if such a transfer is in
the interest of the United States and could not
otherwise be accomplished.
(d) Effective Date.--This section shall take effect on the date
that is 60 days after the date of the enactment of this Act, and shall
apply with respect to persons described in subsection (a)(2) who are
taken into the custody or brought under the control of the United
States on or after that effective date.
SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF
DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Certification Required Prior to Transfer.--
(1) In general.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any
amounts authorized to be appropriated or otherwise available to
the Department of Defense for fiscal year 2012 to transfer any
individual detained at Guantanamo to the custody or control of
the individual's country of origin, any other foreign country,
or any other foreign entity unless the Secretary submits to
Congress the certification described in subsection (b) not
later than 30 days before the transfer of the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the
individual that is issued by a court or competent
tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(b) Certification.--A certification described in this subsection is
a written certification made by the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation with the
Director of National Intelligence, 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 terrorism or a
designated foreign terrorist organization;
(2) maintains control over each detention facility in which
the individual is to be detained if the individual is to be
housed in a detention facility;
(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 taken or agreed to take effective actions to ensure
that the individual cannot take action to threaten the United
States, its citizens, or its allies in the future;
(5) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure that
the individual cannot engage or reengage in any terrorist
activity; and
(6) has agreed to share with the United States any
information that--
(A) is related to the individual or any associates
of the individual; and
(B) could affect the security of the United States,
its citizens, or its allies.
(c) Prohibition in Cases of Prior Confirmed Recidivism.--
(1) Prohibition.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any
amounts authorized to be appropriated or otherwise made
available to the Department of Defense to transfer any
individual detained at Guantanamo to the custody or control of
the individual's country of origin, any other foreign country,
or 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 such foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the
individual that is issued by a court or competent
tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(d) National Security Waiver.--
(1) In general.--The Secretary of Defense may waive the
applicability to a detainee transfer of a certification
requirement specified in paragraph (4) or (5) of subsection (b)
or the prohibition in subsection (c) if the Secretary, with the
concurrence of the Secretary of State and in consultation with
the Director of National Intelligence, determines that--
(A) alternative actions will be taken to address
the underlying purpose of the requirement or
requirements to be waived;
(B) in the case of a waiver of paragraph (4) or (5)
of subsection (b), it is not possible to certify that
the risks addressed in the paragraph to be waived have
been completely eliminated, but the actions to be taken
under subparagraph (A) will substantially mitigate such
risks with regard to the individual to be transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country
subsequently engaged in terrorist activity, and the
actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with
regard to the individual to be transferred; and
(D) the transfer is in the national security
interests of the United States.
(2) Reports.--Whenever the Secretary makes a determination
under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress, not later than 30 days
before the transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver
concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in
the national security interests of the United
States; and
(ii) in the case of a waiver of paragraph
(4) or (5) of subsection (b), an explanation
why it is not possible to certify that the
risks addressed in the paragraph to be waived
have been completely eliminated.
(C) A summary of the alternative actions to be
taken to address the underlying purpose of, and to
mitigate the risks addressed in, the paragraph or
subsection to be waived.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means
any individual 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 control of
the Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(f) Repeal of Superseded Authority.--Section 1033 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4351) is repealed.
SEC. 1034. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to the Department of Defense for fiscal year
2012 may be used to construct or modify any facility in the United
States, its territories, or possessions to house any individual
detained at Guantanamo for the purposes of detention or imprisonment in
the custody or under the control of the Department of Defense unless
authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' has the meaning given
that term in section 1033(e)(2).
(d) Repeal of Superseded Authority.--Section 1034 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4353) is amended by striking subsections (a),
(b), and (c).
SEC. 1035. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS
DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Procedures Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report setting forth procedures
for implementing the periodic review process required by Executive
Order No. 13567 for individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, pursuant to the Authorization for Use of
Military Force (Public Law 107-40).
(b) Covered Matters.--The procedures submitted under subsection (a)
shall, at a minimum--
(1) clarify that the purpose of the periodic review process
is not to determine the legality of any detainee's law of war
detention, but to make discretionary determinations whether or
not a detainee represents a continuing threat to the security
of the United States;
(2) clarify that the Secretary of Defense is responsible
for any final decision to release or transfer an individual
detained in military custody at United States Naval Station,
Guantanamo Bay, Cuba, pursuant to the Executive Order referred
to in subsection (a), and that in making such a final decision,
the Secretary shall consider the recommendation of a periodic
review board or review committee established pursuant to such
Executive Order, but shall not be bound by any such
recommendation; and
(3) ensure that appropriate consideration is given to
factors addressing the need for continued detention of the
detainee, including--
(A) the likelihood the detainee will resume
terrorist activity if transferred or released;
(B) the likelihood the detainee will reestablish
ties with al-Qaeda, the Taliban, or associated forces
that are engaged in hostilities against the United
States or its coalition partners if transferred or
released;
(C) the likelihood of family, tribal, or government
rehabilitation or support for the detainee if
transferred or released;
(D) the likelihood the detainee may be subject to
trial by military commission; and
(E) any law enforcement interest in the detainee.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1036. PROCEDURES FOR STATUS DETERMINATIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report setting forth the
procedures for determining the status of persons detained pursuant to
the Authorization for Use of Military Force (Public Law 107-40) for
purposes of section 1031.
(b) Elements of Procedures.--The procedures required by this
section shall provide for the following in the case of any unprivileged
enemy belligerent who will be held in long-term detention under the law
of war pursuant to the Authorization for Use of Military Force:
(1) A military judge shall preside at proceedings for the
determination of status of an unprivileged enemy belligerent.
(2) An unprivileged enemy belligerent may, at the election
of the belligerent, be represented by military counsel at
proceedings for the determination of status of the belligerent.
(c) Report on Modification of Procedures.--The Secretary of Defense
shall submit to the appropriate committees of Congress a report on any
modification of the procedures submitted under this section. The report
on any such modification shall be so submitted not later than 60 days
before the date on which such modification goes into effect.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1037. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL
OFFENSE BY MILITARY COMMISSION.
(a) Clarification of Right.--Section 949m(b)(2) of title 10, United
States Code, is amended--
(1) in subparagraph (C), by inserting before the semicolon
the following: ``, or a guilty plea was accepted and not
withdrawn prior to announcement of the sentence in accordance
with section 949i(b) of this title''; and
(2) in subparagraph (D), by inserting ``on the sentence''
after ``vote was taken''.
(b) Pre-trial Agreements.--Section 949i of such title is amended by
adding at the end the following new subsection:
``(c) Pre-trial Agreements.--(1) A plea of guilty made by the
accused that is accepted by a military judge under subsection (b) and
not withdrawn prior to announcement of the sentence may form the basis
for an agreement reducing the maximum sentence approved by the
convening authority, including the reduction of a sentence of death to
a lesser punishment, or that the case will be referred to a military
commission under this chapter without seeking the penalty of death.
Such an agreement may provide for terms and conditions in addition to a
guilty plea by the accused in order to be effective.
``(2) A plea agreement under this subsection may not provide for a
sentence of death imposed by a military judge alone. A sentence of
death may only be imposed by the unanimous vote of all members of a
military commission concurring in the sentence of death as provided in
section 949m(b)(2)(D) of this title.''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. MANAGEMENT OF DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Secretary of Defense Authority.--Chapter 159 of title 10,
United States Code, is amended by inserting after section 2671 the
following new section:
``Sec. 2672. Protection of property
``(a) In General.--The Secretary of Defense shall protect the
buildings, grounds, and property that are under the jurisdiction,
custody, or control of the Department of Defense and the persons on
that property.
``(b) Officers and Agents.--
``(1) Designation.--(A) The Secretary may designate
military or civilian personnel of the Department of Defense as
officers and agents to perform the functions of the Secretary
under subsection (a), including, with regard to civilian
officers and agents, duty in areas outside the property
specified in that subsection to the extent necessary to protect
that property and persons on that property.
``(B) A designation under subparagraph (A) may be made by
individual, by position, by installation, or by such other
category of personnel as the Secretary determines appropriate.
``(C) In making a designation under subparagraph (A) with
respect to any category of personnel, the Secretary shall
specify each of the following:
``(i) The personnel or positions to be included in
the category.
``(ii) Which authorities provided for in paragraph
(2) may be exercised by personnel in that category.
``(iii) In the case of civilian personnel in that
category--
``(I) which authorities provided for in
paragraph (2), if any, are authorized to be
exercised outside the property specified in
subsection (a); and
``(II) with respect to the exercise of any
such authorities outside the property specified
in subsection (a), the circumstances under
which coordination with law enforcement
officials outside of the Department of Defense
should be sought in advance.
``(D) The Secretary may make a designation under
subparagraph (A) only if the Secretary determines, with respect
to the category of personnel to be covered by that designation,
that--
``(i) the exercise of each specific authority
provided for in paragraph (2) to be delegated to that
category of personnel is necessary for the performance
of the duties of the personnel in that category and
such duties cannot be performed as effectively without
such authorities; and
``(ii) the necessary and proper training for the
authorities to be exercised is available to the
personnel in that category.
``(2) Powers.--Subject to subsection (h) and to the extent
specifically authorized by the Secretary, while engaged in the
performance of official duties pursuant to this section, an
officer or agent designated under this subsection may--
``(A) enforce Federal laws and regulations for the
protection of persons and property;
``(B) carry firearms;
``(C) make arrests--
``(i) without a warrant for any offense
against the United States committed in the
presence of the officer or agent; or
``(ii) for any felony cognizable under the
laws of the United States if the officer or
agent has reasonable grounds to believe that
the person to be arrested has committed or is
committing a felony;
``(D) serve warrants and subpoenas issued under the
authority of the United States; and
``(E) conduct investigations, on and off the
property in question, of offenses that may have been
committed against property under the jurisdiction,
custody, or control of the Department of Defense or
persons on such property.
``(c) Regulations.--
``(1) In general.--The Secretary may prescribe regulations,
including traffic regulations, necessary for the protection and
administration of property under the jurisdiction, custody, or
control of the Department of Defense and persons on that
property. The regulations may include reasonable penalties,
within the limits prescribed in paragraph (2), for violations
of the regulations. The regulations shall be posted and remain
posted in a conspicuous place on the property to which they
apply.
``(2) Penalties.--A person violating a regulation
prescribed under this subsection shall be fined under title 18,
imprisoned for not more than 30 days, or both.
``(d) Limitation on Delegation of Authority.--The authority of the
Secretary of Defense under subsections (b) and (c) may be exercised
only by the Secretary or Deputy Secretary of Defense.
``(e) Disposition of Persons Arrested.--A person who is arrested
pursuant to authority exercised under subsection (b) may not be held in
a military confinement facility, other than in the case of a person who
is subject to chapter 47 of this title (the Uniform Code of Military
Justice).
``(f) Facilities and Services of Other Agencies.--In implementing
this section, when the Secretary determines it to be economical and in
the public interest, the Secretary may utilize the facilities and
services of Federal, State, tribal, and local law enforcement agencies,
with the consent of those agencies, and may reimburse those agencies
for the use of their facilities and services.
``(g) Authority Outside Federal Property.--For the protection of
property under the jurisdiction, custody, or control of the Department
of Defense and persons on that property, the Secretary may enter into
agreements with Federal agencies and with State, tribal, and local
governments to obtain authority for civilian officers and agents
designated under this section to enforce Federal laws and State,
tribal, and local laws concurrently with other Federal law enforcement
officers and with State, tribal, and local law enforcement officers.
``(h) Attorney General Approval.--The powers granted pursuant to
subsection (b)(2) to officers and agents designated under subsection
(b)(1) shall be exercised in accordance with guidelines approved by the
Attorney General.
``(i) Limitation on Statutory Construction.--Nothing in this
section shall be construed--
``(1) to preclude or limit the authority of any Federal law
enforcement agency;
``(2) to restrict the authority of the Secretary of
Homeland Security or of the Administrator of General Services
to promulgate regulations affecting property under the custody
and control of that Secretary or the Administrator,
respectively;
``(3) to expand or limit section 21 of the Internal
Security Act of 1950 (50 U.S.C. 797);
``(4) to affect chapter 47 of this title; or
``(5) to restrict any other authority of the Secretary of
Defense or the Secretary of a military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2671 the following new item:
``2672. Protection of property.''.
SEC. 1042. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS ACT OF 2009.
(a) Reference to How Charges Are Made.--Section 949a(b)(2)(C) of
title 10, United States Code, is amended by striking ``preferred'' in
clauses (i) and (ii) and inserting ``sworn''.
(b) Judges of United States Court of Military Commission Review.--
Section 949b(b) of such title is amended--
(1) in paragraph (1)(A), by striking ``a military appellate
judge or other duly appointed judge under this chapter on'' and
inserting ``a judge on'';
(2) in paragraph (2), by striking ``a military appellate
judge on'' and inserting ``a judge on''; and
(3) in paragraph (3)(B), by striking ``an appellate
military judge or a duly appointed appellate judge on'' and
inserting ``a judge on''.
(c) Panels of United States Court of Military Commission Review.--
Section 950f(a) of such title is amended by striking ``appellate
military judges'' in the second sentence and inserting ``judges on the
Court''.
(d) Review of Final Judgments by United States Court of Appeals for
the D.C. Circuit.--
(1) Clarification of matter subject to review.--Subsection
(a) of section 950g of such title is amended by inserting ``as
affirmed or set aside as incorrect in law by'' after ``where
applicable,''.
(2) Clarification on time for seeking review.--Subsection
(c) of such section is amended--
(A) in the matter preceding paragraph (1), by
striking ``by the accused'' and all that follows
through ``which--'' and inserting ``in the Court of
Appeals--'';
(B) in paragraph (1)--
(i) by inserting ``not later than 20 days
after the date on which'' after ``(1)''; and
(ii) by striking ``on the accused or on
defense counsel'' and inserting ``on the
parties''; and
(C) in paragraph (2)--
(i) by inserting ``if'' after ``(2)''; and
(ii) by inserting before the period the
following: ``, not later than 20 days after the
date on which such notice is submitted''.
SEC. 1043. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL
RECOVERY REINTEGRATION AND POST-ISOLATION SUPPORT
ACTIVITIES.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1056 the following new section:
``Sec. 1056a. Reintegration of recovered Department of Defense
personnel; post-isolation support activities for other
recovered personnel
``(a) Reintegration and Support Authorized.--The Secretary of
Defense may carry out the following:
``(1) Reintegration activities for recovered persons who
are Department of Defense personnel.
``(2) Post-isolation support activities for or on behalf of
other recovered persons who are officers or employees of the
United States Government, military or civilian officers or
employees of an allied or coalition partner of the United
States, or other United States or foreign nationals.
``(b) Activities Authorized.--(1) The activities authorized by
subsection (a) for or on behalf of a recovered person may include the
following:
``(A) The provision of food, clothing, necessary medical
support, and essential sundry items for the recovered person.
``(B) In accordance with regulations prescribed by the
Secretary of Defense, travel and transportation allowances for
not more than three family members, or other designated
individuals, determined by the commander or head of a military
medical treatment facility to be beneficial for the
reintegration of the recovered person and whose presence may
contribute to improving the physical and mental health of the
recovered person.
``(C) Transportation or reimbursement for transportation in
connection with the attendance of the recovered person at
events or functions determined by the commander or head of a
military medical treatment facility to contribute to the
physical and mental health of the recovered person.
``(2) Medical support may be provided under paragraph (1)(A) to a
recovered person who is not a member of the armed forces for not more
than 20 days.
``(c) Definitions.--In this section:
``(1) The term `post-isolation support', in the case of a
recovered person, means--
``(A) the debriefing of the recovered person
following a separation as described in paragraph (2);
``(B) activities to promote or support the physical
and mental health of the recovered person following
such a separation; and
``(C) other activities to facilitate return of the
recovered person to military or civilian life as
expeditiously as possible following such a separation.
``(2) The term `recovered person' means an individual who
is returned alive from separation (whether as an individual or
a group) while participating in or in association with a United
States-sponsored military activity or mission in which the
individual was detained in isolation or held in captivity by a
hostile entity.
``(3) The term `reintegration', in the case of a recovered
person, means--
``(A) the debriefing of the recovered person
following a separation as described in paragraph (2);
``(B) activities to promote or support for the
physical and mental health of the recovered person
following such a separation; and
``(C) other activities to facilitate return of the
recovered person to military duty or employment with
the Department of Defense as expeditiously as possible
following such a separation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by inserting after the item
relating to section 1056 the following new item:
``1056a. Reintegration of recovered Department of Defense personnel;
post-isolation support activities for other
recovered personnel.''.
SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN
SENSITIVE NATIONAL SECURITY INFORMATION.
(a) Critical Infrastructure Security Information.--
(1) In general.--The Secretary of Defense may exempt
certain Department of Defense information from disclosure under
section 552 of title 5, United States Code, upon a written
determination that--
(A) the information is Department of Defense
critical infrastructure security information; and
(B) the public interest in the disclosure of such
information does not outweigh the Government's interest
in withholding such information from the public.
(2) Information provided to state or local first
responders.--Critical infrastructure security information
covered by a written determination under this subsection that
is provided to a State or local government to assist first
responders in the event that emergency assistance should be
required shall be deemed to remain under the control of the
Department of Defense.
(b) Military Flight Operations Quality Assurance System.--The
Secretary of Defense may exempt information contained in any data file
of the Military Flight Operations Quality Assurance system of a
military department from disclosure under section 552 of title 5,
United States Code, upon a written determination that the disclosure of
such information in the aggregate (and when combined with other
information already in the public domain) would reveal sensitive
information regarding the tactics, techniques, procedures, processes,
or operational and maintenance capabilities of military combat
aircraft, units, or aircrews. Information covered by a written
determination under this subsection shall be exempt from disclosure
under such section 552 even when such information is contained in a
data file that is not exempt in its entirety from such disclosure.
(c) Delegation.--The Secretary of Defense may delegate the
authority to make a determination under subsection (a) or (b) to any
civilian official in the Department of Defense or a military department
who is appointed by the President, by and with the advice and consent
of the Senate.
(d) Transparency.--Each determination of the Secretary, or the
Secretary's designee, under subsection (a) or (b) shall be made in
writing and accompanied by a statement of the basis for the
determination. All such determinations and statements of basis shall be
available to the public, upon request, through the office of the
Assistant Secretary of Defense for Public Affairs.
(e) Definitions.--In this section:
(1) The term ``Department of Defense critical
infrastructure security information'' means sensitive but
unclassified information that, if disclosed, would reveal
vulnerabilities in Department of Defense critical
infrastructure that, if exploited, would likely result in the
significant disruption, destruction, or damage of or to
Department of Defense operations, property, or facilities,
including information regarding the securing and safeguarding
of explosives, hazardous chemicals, or pipelines, related to
critical infrastructure or protected systems owned or operated
by or on behalf of the Department of Defense, including
vulnerability assessments prepared by or on behalf of the
Department, explosives safety information (including storage
and handling), and other site-specific information on or
relating to installation security.
(2) The term ``data file'' means a file of the Military
Flight Operations Quality Assurance system that contains
information acquired or generated by the Military Flight
Operations Quality Assurance system, including the following:
(A) Any data base containing raw Military Flight
Operations Quality Assurance data.
(B) Any analysis or report generated by the
Military Flight Operations Quality Assurance system or
which is derived from Military Flight Operations
Quality Assurance data.
SEC. 1045. CLARIFICATION OF AIRLIFT SERVICE DEFINITIONS RELATING TO THE
CIVIL RESERVE AIR FLEET.
(a) Clarification.--Section 41106 of title 49, United States Code,
is amended--
(1) by striking ``transport category aircraft'' in
subsections (a)(1), (b), and (c) and inserting ``CRAF-eligible
aircraft''; and
(2) in subsection (c), by striking ``that has aircraft in
the civil reserve air fleet'' and inserting ``referred to in
subsection (a)''.
(b) CRAF-eligible Aircraft Defined.--Such section is further
amended by adding at the end the following new subsection:
``(e) CRAF-eligible Aircraft Defined.--In this section, the term
`CRAF-eligible aircraft' means aircraft of a type the Secretary of
Defense has determined to be eligible to participate in the Civil
Reserve Air Fleet.''.
SEC. 1046. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE AS ADVISORS TO FOREIGN MINISTRIES
OF DEFENSE AND INTERNATIONAL PEACE AND SECURITY
ORGANIZATIONS.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, carry out a program to assign civilian
employees of the Department of Defense as advisors to the ministries of
defense (or security agencies serving a similar defense function) of
foreign countries and international peace and security organizations in
order to--
(1) provide institutional, ministerial-level advice, and
other training to personnel of the ministry or organization to
which assigned in support of stabilization or post-conflict
activities; or
(2) assist such ministry or organization in building core
institutional capacity, competencies, and capabilities to
manage defense-related processes.
(b) Termination of Authority.--
(1) In general.--The authority of the Secretary of Defense
to assign civilian employees under the program under subsection
(a) terminates at the close of September 30, 2014.
(2) Continuation of assignments.--Any assignment of a
civilian employee under subsection (a) before the date
specified in paragraph (1) may continue after that date, but
only using funds available for fiscal year 2012, 2013, or 2014.
(c) Annual Report.--Not later than December 30 each year through
2014, the Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on activities under the program under
subsection (a) during the preceding fiscal year. Each report shall
include, for the fiscal year covered by such report, the following:
(1) A list of the defense ministries and international
peace and security organizations to which civilian employees
were assigned under the program.
(2) A statement of the number of such employees so
assigned.
(3) A statement of the duration of the various assignments
of such employees.
(4) A brief description of the activities carried out such
by such employees pursuant to such assignments.
(5) A statement of the cost of each such assignment.
(d) Comptroller General Report.--Not later than December 30, 2013,
the Comptroller General of the United States shall submit to the
committees of Congress specified in subsection (c) a report setting
forth an assessment of the effectiveness of the advisory services
provided by civilian employees assigned under the program under
subsection (a) as of the date of the report in meeting the purposes of
the program.
SEC. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS REQUIRED WITH RESPECT
TO CERTAIN PROPOSALS TO REDUCE THE NUCLEAR WEAPONS
STOCKPILE OF THE UNITED STATES.
(a) In General.--If, on or after the date of the enactment of this
Act, the President makes a proposal described in subsection (b), the
President shall--
(1) conduct a net assessment of the current and proposed
nuclear forces of the United States and of other countries that
possess nuclear weapons to determine whether the nuclear forces
of the United States are anticipated to be capable of meeting
the objectives of the United States with respect to nuclear
deterrence, extended deterrence, assurance of allies, and
defense; and
(2) as soon as practicable after the date on which the
President makes such a proposal, submit that assessment to the
congressional defense committees.
(b) Proposal Described.--
(1) In general.--A proposal described in this subsection is
a proposal--
(A) to reduce the number of deployed nuclear
weapons of the United States to a level that is lower
than the level described in the Treaty between the
United States of America and the Russian Federation on
Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed at Prague April 8,
2010; or
(B) except as provided in paragraph (2), to reduce,
in a calendar year before 2022, the number of non-
deployed nuclear weapons held by the United States as a
hedge.
(2) Exception for routine stockpile stewardship
activities.--The requirement to conduct the net assessment
under subsection (a) does not apply with respect to a proposal
described in paragraph (1)(B) to reduce the number of non-
deployed nuclear weapons held by the United States if that
reduction is associated with routine stockpile stewardship
activities.
(3) Hedge defined.--For purposes of paragraph (1)(B), the
term ``hedge'' means the retention of non-deployed nuclear
weapons in both the active and inactive nuclear weapons
stockpiles to respond to a technical failure in the stockpile
or a change in the geopolitical environment.
SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE TROOPS-TO-
TEACHERS PROGRAM.
(a) Fiscal Year 2012 Administration.--Notwithstanding section
2302(c) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6672(c)), the Secretary of Defense may administer the Troops-to-
Teachers Program during fiscal year 2012. Amounts authorized to be
appropriated for the Department of Defense by this Act shall be
available to the Secretary of Defense for that purpose.
(b) Report.--Not later than April 1, 2012, the Secretary of Defense
and the Secretary of Education shall jointly submit to the appropriate
committees of Congress a report on the Troops-to-Teachers Program. The
report shall include the following:
(1) A summary of the funding of the Troops-to-Teachers
Program since its inception and projected funding of the
program during the period covered by the future-years defense
program submitted to Congress during 2011.
(2) The number of past participants in the Troops-to-
Teachers Program by year, the number of past participants who
have fulfilled, and have not fulfilled, their service
obligation under the program, and the number of waivers of such
obligations (and the reasons for such waivers).
(3) A discussion and assessment of the current and
anticipated effects of recent economic circumstances in the
United States, and cuts nationwide in State and local budgets,
on the ability of participants in the Troops-to-Teachers
Program to obtain teaching positions.
(4) A discussion of the youth education goals in the
Troops-to-Teachers Program and the record of the program to
date in producing teachers in high-need and other eligible
schools.
(5) An assessment of the extent to which the Troops-to-
Teachers Program achieves its purpose as a military transition
assistance program and, in particular, as transition assistance
program for members of the Armed Forces who are nearing
retirement or who are voluntarily or involuntarily separating
from military service.
(6) An assessment of the performance of the Troops-to-
Teachers Program in providing qualified teachers to high-need
public schools, and reasons for expanding the program to
additional school districts.
(7) A discussion and assessment of the advisability of the
administration of the Troops-to-Teachers Program by the
Department of Education in consultation with the Department of
Defense.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committees on Armed Services and Education
and Labor of the House of Representatives.
(2) Troops-to-teachers program.--The term ``Troops-to-
Teachers Program'' means the Troops-to-Teachers Program
authorized by chapter A of subpart 1 of part C of title II of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6671 et seq.).
SEC. 1049. EXPANSION OF OPERATION HERO MILES.
(a) Expanded Definition of Travel Benefit.--Subsection (b) of
section 2613 of title 10, United States Code, is amended to read as
follows:
``(b) Travel Benefit Defined.--In this section, the term `travel
benefit' means--
``(1) frequent traveler miles, credits for tickets, or
tickets for air or surface transportation issued by an air
carrier or a surface carrier, respectively, that serves the
public; and
``(2) points or awards for free or reduced-cost
accommodations issued by an inn, hotel, or other commercial
establishment that provides lodging to transient guests.''.
(b) Condition on Authority To Accept Donation.--Subsection (c) of
such section is amended--
(1) by striking ``the air or surface carrier'' and
inserting ``the business entity referred to in subsection
(b)'';
(2) by striking ``the surface carrier'' and inserting ``the
business entity''; and
(3) by striking ``the carrier'' and inserting ``the
business entity''.
(c) Administration.--Subsection (e)(3) of such section is amended
by striking ``the air carrier or surface carrier'' and inserting ``the
business entity referred to in subsection (b)''.
(d) Stylistic Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2613. Acceptance of frequent traveler miles, credits, points,
and tickets: use to facilitate rest and recuperation
travel of deployed members and their families''.
(2) Table of sections.--The table of sections at the
beginning of chapter 155 of such title is amended by striking
the item relating to section 2613 and inserting the following
new item:
``2613. Acceptance of frequent traveler miles, credits, points, and
tickets: use to facilitate rest and
recuperation travel of deployed members and
their families.''.
Subtitle F--Repeal and Modification of Reporting Requirements
PART I--REPEAL OF REPORTING REQUIREMENTS
SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10, UNITED
STATES CODE.
Title 10, United States Code, is amended as follows:
(1) Section 127a(a) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph
(3).
(2) Section 184 is amended by striking subsection (h).
(3)(A) Section 427 is repealed.
(B) The table of sections at the beginning of subchapter I
of chapter 21 is amended by striking the item relating to
section 427.
(4) Section 437 is amended by striking subsection (c).
(5)(A) Section 483 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 483.
(6)(A) Section 484 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 484.
(7)(A) Section 485 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 485.
(8)(A) Section 486 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 486.
(9)(A) Section 487 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 487.
(10) Section 983(e)(1) is amended--
(A) by striking the comma after ``Secretary of
Education'' and inserting ``and''; and
(B) by striking ``, and to Congress''.
(11) Section 1781b is amended by striking subsection (d).
(12) Section 2010 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(13) Section 2244a(c) is amended by striking the second
sentence.
(14)(A) Section 2282 is repealed.
(B) The table of sections at the beginning of chapter 136
is amended by striking the item relating to section 2282.
(15) Section 2350a(g) is amended by striking paragraph (3).
(16) Section 2410m is amended by striking subsection (c).
(17) Section 2485(a) is amended--
(A) by striking ``(1)''; and
(B) by striking paragraph (2).
(18) Section 2493 is amended by striking subsection (g).
(19) Section 2515 is amended by striking subsection (d).
(20)(A) Section 2582 is repealed.
(B) the table of sections at the beginning of chapter 153
is amended by striking the item relating to section 2582.
(21) Section 2583 is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(22) Section 2688 is amended--
(A) in subsection (a)--
(i) by striking ``(1)'' before ``The
Secretary of a military department''; and
(ii) by striking paragraphs (2) and (3);
(B) in subsection (d)(2), by striking the second
sentence;
(C) by striking subsection (f); and
(D) in subsection (h), by striking the last
sentence.
(23)(A) Section 2706 is repealed.
(B) The table of sections at the beginning of chapter 160
is amended by striking the item relating to section 2706.
(24)(A) Section 2815 is repealed.
(B) The table of sections at the beginning of subchapter I
of chapter 169 is amended by striking the item relating to
section 2815.
(25) Section 2825(c)(1) is amended--
(A) by inserting ``and'' at the end of subparagraph
(A);
(B) by striking the semicolon at the end of
subparagraph (B) and inserting a period; and
(C) by striking subparagraphs (C) and (D).
(26) Section 2826 is amended--
(A) by striking ``(a) Local Comparability.--''; and
(B) by striking subsection (b).
(27) Section 2827 is amended--
(A) by striking ``(a) Subject to subsection (b),
the Secretary'' and inserting ``The Secretary''; and
(B) by striking subsection (b).
(28) Section 2836 is amended--
(A) in subsection (b)--
(i) by striking ``(1)'' before ``The
Secretary of a military department''; and
(ii) by striking paragraph (2);
(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection
(f).
(29) Section 2837(c) is amended--
(A) by striking ``(1)'' after ``Opportunities.--'';
and
(B) by striking paragraph (2).
(30) Section 2854a is amended by striking subsection (c).
(31) Section 2861 is amended by striking subsection (d).
(32)(A) Section 7296 is repealed.
(B) The table of sections at the beginning of chapter 633
is amended by striking the item relating to section 7296.
(33)(A) Section 10504 is repealed.
(B) The table of sections at the beginning of chapter 1011
is amended by striking the item relating to section 10504.
(34) Section 12302(b) is amended by striking the last
sentence.
(35)(A) Section 16137 is repealed.
(B) The table of sections at the beginning of chapter 1606
is amended by striking the item relating to section 16137.
SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE
AUTHORIZATION ACTS.
(a) Fiscal Year 2010.--The National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84) is amended as follows:
(1) Section 219 (123 Stat. 2228) is amended by striking
subsection (c).
(2) Section 1113(e)(1) (123 Stat. 2502) is amended by
striking ``, which information shall be'' and all that follows
through ``semiannual basis''.
(3) Section 1245 (123 Stat. 2542) is repealed.
(b) Fiscal Year 2009.--Section 1504 of The Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is
amended by striking subsection (c).
(c) Fiscal Year 2008.--The National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
(1) Section 885 (10 U.S.C. 2304 note) is amended--
(A) in subsection (a), by striking the last
sentence of paragraph (2); and
(B) in subsection (b), by striking ``the date of
the enactment of this Act'' both places it appears and
inserting ``January 28, 2008''.
(2) Section 2864 (10 U.S.C. 2911 note) is repealed.
(d) Fiscal Year 2007.--The John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended
as follows:
(1) Section 347 (10 U.S.C. 221 note) is repealed.
(2) Section 731 (10 U.S.C. 1095c note) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(3) Section 732 (10 U.S.C. 1073 note) is amended by
striking subsection (d).
(4) Section 1231 (22 U.S.C. 2776a) is repealed.
(5) Section 1402 (10 U.S.C. 113 note) is repealed.
(e) Fiscal Year 2006.--Section 716 of the National Defense
Authorization Act for Fiscal Year 2006 (10 U.S.C. 1073 note) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(f) Fiscal Year 2005.--The Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375) is amended
as follows:
(1) Section 731 (10 U.S.C. 1074 note) is amended by
striking subsection (c).
(2) Section 1041 (10 U.S.C. 229 note) is repealed.
(g) Fiscal Year 2004.--The National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136) is amended as follows:
(1) Section 586 (117 Stat. 1493) is repealed.
(2) Section 812 (117 Stat. 1542) is amended by striking
subsection (c).
(3) Section 1601(d) (10 U.S.C. 2358 note) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively.
(h) Fiscal Year 2003.--Section 221 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2431 note) is
repealed.
(i) Fiscal Year 2002.--Section 232 of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended
by striking subsections (c) and (d).
(j) Fiscal Year 2001.--The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398) is amended as follows:
(1) Section 374 (10 U.S.C. 2851 note) is repealed.
(2) Section 1212 (114 Stat. 1654A-326) is amended by
striking subsections (c) and (d).
(3) Section 1213 (114 Stat. 1654A-327) is repealed.
(k) Fiscal Year 2000.--The National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) is amended as follows:
(1) Section 723 (10 U.S.C. 1071 note) is amended--
(A) in subsection (d)--
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
and
(B) by striking subsection (e).
(2) Section 1025 (10 U.S.C. 113 note) is repealed.
(3) Section 1035 (113 Stat. 753), as amended by section
1211 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-
398; 114 Stat. 1654A-325), is repealed.
(l) Fiscal Year 1999.--Section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is
amended by striking subsection (g).
(m) Fiscal Year 1998.--The National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 234 (50 U.S.C. 2367) is repealed.
(2) Section 349 (10 U.S.C. 2702 note) is amended by
striking subsection (e).
(3) Section 743 (111 Stat. 1817) is amended by striking
subsection (f).
(n) Fiscal Year 1997.--Section 218 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2455) is repealed.
(o) Fiscal Years 1992 and 1993.--Section 2868 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C.
2802 note) is repealed.
(p) Fiscal Year 1991.--Section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is
amended--
(1) by striking subsection (l); and
(2) by redesignating subsection (m) as subsection (1).
SEC. 1063. REPEAL OF REPORTING REQUIREMENTS UNDER OTHER LAWS.
(a) Title 37.--Section 402a of title 37, United States Code, is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(b) Title 38.--Section 3020 of title 38, United States Code, is
amended--
(1) by striking subsection (l); and
(2) by redesignating subsection (m) as subsection (1).
(c) National and Community Service Act of 1990.--Section 172 of the
National and Community Service Act of 1990 (42 U.S.C. 12632) is amended
by striking subsection (c).
PART II--MODIFICATION OF EXISTING REPORTING REQUIREMENTS
SEC. 1066. MODIFICATION OF REPORTING REQUIREMENTS UNDER TITLE 10,
UNITED STATES CODE.
Title 10, United States Code, is amended as follows:
(1) Section 113(j) is amended--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraph (B) as
subparagraph (A); and
(iii) by inserting after subparagraph (A),
as redesignated by clause (ii), the following
new subparagraph (B):
``(B) The amount of direct and indirect support for the
stationing of United States forces provided by each host
nation.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(2)(A) Section 115b is amended--
(i) in subsection (a)--
(I) in the subsection caption, by striking
``Annual''and inserting ``Biennial''; and
(II) by striking ``on an annual basis'' and
inserting ``in every even-numbered year''; and
(ii) in subsection (b)(1)(A), by striking ``during
the seven-year period following the year in which the
plan is submitted'' and inserting ``during the five-
year period corresponding to the current future-years
defense plan under section 221 of this title''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 115b. Biennial strategic workforce plan''.
(ii) The table of sections at the beginning of chapter 2 is
amended by striking the item relating to section 115b and
inserting the following new item:
``115b. Biennial strategic workforce plan.''.
(3) Section 116 is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) The Secretary may submit the report required by subsection
(a) by including the materials required in the report as an exhibit to
the defense authorization request submitted pursuant to section 113a of
this title in the fiscal year concerned.''.
(4) Section 127b(f) is amended by striking ``December 1''
and inserting ``February 1''.
(5) Section 138c(e)(4) is amended--
(A) by striking ``Not later than 10 days'' and all
that follows through ``title 31,'' and inserting ``Not
later than March 31 in any year,''; and
(B) by striking ``that fiscal year'' and inserting
``the fiscal year beginning in the year in which such
report is submitted''.
(6)(A) Section 228 is amended--
(i) in subsection (a)--
(I) by striking ``Quarterly Report.--'' and
inserting ``Biannual Report.--'';
(II) by striking ``a quarterly report'' and
inserting ``a biannual report''; and
(III) by striking ``fiscal-year quarter''
and inserting ``two fiscal-year quarters''; and
(ii) in subsection (c)--
(I) by striking ``(1)'';
(II) by striking ``a quarter of a fiscal
year after the first quarter of that fiscal
year'' and inserting ``the second two fiscal-
year quarters of a fiscal year'';
(III) by striking ``the first quarter of
that fiscal year'' and inserting ``the first
two fiscal-year quarters of that fiscal year'';
and
(IV) by striking paragraph (2).
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 228. Biannual reports on allocation of funds within operation
and maintenance budget subactivities''.
(ii) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 228 and
inserting the following new item:
``228. Biannual reports on allocation of funds within operation and
maintenance budget subactivities.''.
(7) Subsection (f) of section 408 is amended to read as
follows:
``(f) Congressional Oversight.--Whenever the Secretary of Defense
provides assistance to a foreign nation under this section, the
Secretary shall submit to the congressional defense committees a report
on the assistance provided. Each such report shall identify the nation
to which the assistance was provided and include a description of the
type and amount of the assistance provided.''.
(8)(A) Section 488--
(i) in subsection (a), by striking ``Every other
year'' and inserting ``Every fourth year'';
(ii) in subsection (b), by striking ``an even-
numbered fiscal year'' and inserting ``every other
even-numbered fiscal year beginning with fiscal year
2012''; and
(iii) by adding at the end the following new
subsection:
``(c) Biennial Notice on Changes to Strategic Plan.--If the
Secretary modifies a strategic plan under subsection (a) during the
two-year period beginning on the date of its submittal to Congress
under subsection (b), the Secretary shall submit to Congress a written
notice on the modifications at the end of such two-year period.''.
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 488. Management of electromagnetic spectrum: quadrennial
strategic plan''.
(ii) The table of sections at the beginning of chapter 23
is amended by striking the item relating to section 488 and
inserting the following new item:
``488. Management of electromagnetic spectrum: quadrennial strategic
plan.''.
(9) Section 490(b)(1) is amended by inserting ``through
2014'' after ``every even-numbered year''.
(10) Section 2401(h) is amended--
(A) by striking ``only if--'' and all that follows
through ``of the proposed'' and inserting ``only if the
Secretary has notified the congressional defense
committees of the proposed'';
(B) by striking paragraph (2);
(C) by redesignating subparagraphs (A), (B), and
(C) as paragraphs (1), (2), and (3), respectively, and
realigning those paragraphs so as to be indented two
ems from the left margin; and
(D) by striking ``; and'' at the end of paragraph
(3), as so redesignated, and inserting a period.
(11) Section 2482(d)(1) is amended by inserting ``in the
United States'' after ``commissary store''.
(12) Section 2608(e)(1) is amended--
(A) by striking ``each quarter'' and inserting
``the second quarter and the fourth quarter''; and
(B) by striking ``the preceding quarter'' and
inserting ``the preceding two quarters''.
(13) Section 2645(d) is amended by striking ``$1,000,000''
and inserting ``$10,000,000''.
(14) Section 2803(b) is amended by striking ``21-day
period'' and inserting ``seven-day period''.
(15) Section 2811(d) is amended by striking ``$7,500,000''
and inserting ``$10,000,000''.
(16) Section 9514(c) is amended by striking ``$1,000,000''
and inserting ``$10,000,000''.
(17) Section 10541(a) is amended by striking ``February
15'' and inserting ``April 15''.
(18) Section 10543(c)(3) is amended by striking ``15 days''
and inserting ``90 days''.
SEC. 1067. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER TITLES OF
THE UNITED STATES CODE.
(a) Title 32.--Section 908(a) of title 32, United States Code, is
amended by striking ``After the end of each fiscal year,'' and
inserting ``After the end of any fiscal year during which any
assistance was provided or activities were carried out under this
chapter,''.
(b) Title 37.--Section 316a(f) of title 37, United States Code, is
amended by striking ``January 1, 2010'' and inserting ``April 1,
2012''.
SEC. 1068. MODIFICATION OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE
AUTHORIZATION ACTS.
(a) Fiscal Year 2010.--Section 121(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2212) is amended by striking paragraph (5).
(b) Fiscal Year 2008.--The National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
(1) Section 958 (122 Stat. 297) is amended--
(A) in subsection (a), by striking ``240 days after
the date of the enactment of this Act'' and inserting
``June 30, 2012''; and
(B) in subsection (d), by striking ``December 31,
2013'' and inserting ``June 30, 2014''.
(2) Section 1107 (10 U.S.C. 2358 note) is amended--
(A) in subsection (d)--
(i) by striking ``beginning with March 1,
2008,''; and
(ii) by inserting ``a report containing''
after ``to Congress''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking ``Not
later than'' and all that follows through ``the
information'' and inserting ``The Secretary
shall include in each report under subsection
(d) the information''; and
(ii) in paragraph (2), by striking ``under
this subsection'' and inserting ``under
subsection (d)''.
(3) Section 1674(c) (122 Stat. 483) is amended--
(A) by striking ``After submission'' and all the
follows through ``that patients,'' and inserting
``Patients,''; and
(B) by striking ``have not been moved or
disestablished until'' and inserting ``may not be moved
or disestablished until the Secretary of Defense has
certified to the congressional defense committees
that''.
(c) Fiscal Year 2007.--Subsection (a) of section 1104 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (10
U.S.C. note prec. 711) is amended to read as follows:
``(a) Reports on Details and Fellowships of Long Duration.--
Whenever a member of the Armed Forces or a civilian employee of the
Department of Defense serves continuously in the Legislative Branch for
more than 12 consecutive months in one or a combination of covered
legislative details or fellowships, the Secretary of Defense shall
submit to the congressional defense committees, within 90 days, and
quarterly thereafter for as long as the service continues, a report on
the service of the member or employee.''.
(d) Fiscal Year 2001.--Section 1308(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
5959(c)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(e) Fiscal Year 2000.--The National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) is amended as follows:
(1) Section 1202(b)(11) (10 U.S.C. 113 note) is amended by
adding at the end the following new subparagraph:
``(G) The Secretary's certification whether or not
any military-to-military exchange or contact was
conducted during the period covered by the report in
violation of section 1201(a).''.
(2) Section 1201 (10 U.S.C. 168 note) is amended by
striking subsection (d).
SEC. 1069. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER LAWS.
(a) Small Business Act.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (b)(7), by inserting ``and including an
accounting of funds, initiatives, and outcomes under the
Commercialization Pilot Program'' after ``and (o)(15),''; and
(2) in subsection (y), by striking paragraph (5).
(b) Uniformed and Overseas Citizens Absentee Voting Act.--Section
105A(b) The Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-4a(b)) is amended--
(1) in the subsection heading, by striking ``Annual
Report'' and inserting ``Biennial Report'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``March 31 of each year'' and
inserting ``September 30 of each odd-numbered year'';
and
(B) by striking ``the following information'' and
inserting ``the following information with respect to
the Federal election held during the preceding calendar
year''; and
(3) in paragraph (3), by striking ``In the case of'' and
all that follows through ``a description'' and inserting ``A
description''.
(c) Implementing Recommendations of the 9/11 Commission Act of
2007.--Section 1821(b)(2) of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (50 U.S.C. 2911(b)(2)) is amended in the
first sentence by striking ``of each year'' and inserting ``of each
even-numbered year''.
Subtitle G--Other Study and Report Matters
SEC. 1071. MODIFICATION OF DATES OF COMPTROLLER GENERAL OF THE UNITED
STATES REVIEW OF EXECUTIVE AGREEMENT ON JOINT MEDICAL
FACILITY DEMONSTRATION PROJECT, NORTH CHICAGO AND GREAT
LAKES, ILLINOIS.
Section 1701(e)(1) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2568) is amended by
striking ``and annually thereafter'' and inserting ``not later than two
years after the execution of the executive agreement, and not later
than September 30, 2015''.
SEC. 1072. REPORT ON PLAN TO IMPLEMENT ORGANIZATIONAL GOALS RECOMMENDED
IN THE NATIONAL SECURITY STRATEGY-2010.
(a) Findings.--Congress makes the following findings:
(1) An urgent need exists to transform the United States
national security system in order to employ all elements of
national power effectively and efficiently to meet the
challenges of the 21st century security environment.
(2) The Quadrennial Defense Review Independent Panel
emphasized this need in its July 2010 report, writing that
``the Panel notes with extreme concern that our current Federal
Government structures--both executive and legislative, and in
particular those related to security--were fashioned in the
1940s and, at best, they work imperfectly today. . . A new
approach is needed''.
(3) The National Security Strategy-May 2010 calls for such
a transformation of the United States national security system
through its identification of organizational changes already
underway, its recommendation of additional organizational
changes to be undertaken, and its commitment to strengthening
national capacity through a whole-of-government approach.
(4) The realization of these organizational goals can best
be assured by the preparation of a report by the President on
progress being made on organizational changes already underway
and on an implementation plan for the organizational changes
newly recommended in the National Security Strategy.
(b) Plan To Implement Recommendations Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate committees of Congress a report setting forth a
plan to implement the organizational goals recommended in the
National Security Strategy-May 2010.
(2) Elements.--The report required under this subsection
shall include the following:
(A) A progress report identifying each
organizational change identified by the National
Security Strategy as already underway, including for
each such change the following:
(i) The goal such organizational change
seeks to achieve.
(ii) The actions required of the Executive
Branch to achieve such goal.
(iii) The actions required of Congress to
achieve such goal.
(iv) The preferred sequencing of the
executive and legislative actions specified
under clauses (ii) and (iii).
(v) The preferred timetable for such
executive and legislative actions and for
achievement of such goal.
(vi) The progress that has already been
achieved toward such goal, and the obstacles
that have been encountered.
(B) An implementation plan addressing each
organizational change newly recommended by the National
Security Strategy, including for each such change the
following:
(i) The goal such organizational change
seeks to achieve.
(ii) The actions required of the Executive
Branch to achieve such goal.
(iii) The actions required of Congress to
achieve such goal.
(iv) The preferred sequencing of the
executive and legislative actions specified
under clauses (ii) and (iii).
(v) The preferred timetable for such
executive and legislative actions and for
achievement of such goal.
(c) Annual Update.--Not later than December 1 in each year
following the year in which the report required by subsection (b) is
submitted, the President shall submit to the appropriate committees of
Congress an update of the report setting forth a description of the
following:
(1) The progress made in achieving each organizational goal
covered by the report required by subsection (b).
(2) The modifications necessary to the plan required by
subsection (b) in light of the experience of the Executive
Branch in implementing the plan.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, Committee on Foreign
Relations, Committee on Homeland Security and Government
Affairs, Committee on the Budget, Committee on the Judiciary,
Committee on Appropriations, and Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, Committee on Foreign
Affairs, Committee on Homeland Security, Committee on the
Budget, Committee on the Judiciary, Committee on Oversight and
Government Reform, Committee on Appropriations, and Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1073. BIENNIAL ASSESSMENT OF AND REPORT ON DELIVERY PLATFORMS FOR
NUCLEAR WEAPONS AND THE NUCLEAR COMMAND AND CONTROL
SYSTEM.
(a) In General.--The Secretary of Defense shall, in each odd-
numbered year beginning with calendar year 2013, conduct an assessment
of the safety, security, reliability, sustainability, performance, and
military effectiveness of each type of platform for the delivery of
nuclear weapons and of the nuclear command and control system of the
United States.
(b) Report Required.--Not later than March 1 of each odd-numbered
year beginning with calendar year 2013, the Secretary of Defense shall
submit to the congressional defense committees a report on the
assessment conducted under subsection (a) that includes the following:
(1) The results of the assessment.
(2) An identification and assessment of any gaps or
shortfalls in the capabilities of the platforms or the system
described in subsection (a).
(3) An identification and assessment of any risks with
respect to whether any of those platforms or that system will
meet the mission or capability requirements of those platforms
or that system, as the case may be.
(4) Recommendations of the Secretary of Defense with
respect to measures to mitigate any gaps or shortfalls
identified under paragraph (2) and any risks identified under
paragraph (3).
(c) Consultations.--The Secretary of Defense shall consult with the
Commander of the United States Strategic Command in conducting
assessments under subsection (a) and preparing reports under subsection
(b).
SEC. 1074. ANNUAL REPORT ON THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED
STATES.
(a) Findings.--Congress makes the following findings:
(1) In response to a question for the record from a March
29, 2011, hearing of the Committee on Armed Services of the
Senate, General C. Robert Kehler stated, ``The stockpile under
New START is appropriately sized to meet our deterrence
requirements and manage risk associated with our aging systems
and infrastructure. A recapitalized nuclear infrastructure
could also support potential reductions in the future non-
deployed stockpile.''.
(2) In response to an additional question for the record
from that hearing, General Kehler stated, ``Completion of
critical stockpile sustainment activities and restoration of
[the National Nuclear Security Administration's] production
infrastructure could enable future reductions in the quantity
of non-deployed warheads currently held to mitigate weapon and
infrastructure risk.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) sustained investments in the nuclear weapons stockpile
and the nuclear security complex are needed to ensure a
reliable nuclear deterrent; and
(2) such investments could enable additional future
reductions in the hedge stockpile.
(c) Report Required.--Not later than March 1, 2012, and annually
thereafter, the Secretary of Defense shall submit to the congressional
defense committees a report on the nuclear weapons stockpile of the
United States that includes the following:
(1) An accounting of the weapons in the stockpile as of the
end of the fiscal year preceding the submission of the report
that includes deployed and non-deployed weapons, including each
category of non-deployed weapon.
(2) The planned force levels for each category of nuclear
weapon over the course of the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, for the fiscal year following the fiscal year in
which the report is submitted.
SEC. 1075. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that any future
modification to the nuclear employment strategy of the United States
should maintain or enhance the ability of the nuclear forces of the
United States to support the goals of the United States with respect to
nuclear deterrence, extended deterrence, and assurances for allies, and
the defense of the United States.
(b) Reports on Modification of Strategy.--
(1) In general.--Chapter 23 title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 491. Nuclear employment strategy of the United States: reports
on modification of strategy
``Not later than 30 days after the date on which the President
issues a nuclear employment strategy of the United States that differs
from the nuclear employment strategy of the United States then in
force, the President shall submit to Congress a report setting forth
the following:
``(1) A description of the modifications to nuclear
employment strategy of the United States made by the strategy
so issued.
``(2) An assessment of effects of such modification for the
nuclear posture of the United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by adding at
the end the following new item:
``491. Nuclear employment strategy of the United States: reports on
modification of strategy.''.
SEC. 1076. STUDY ON THE RECRUITMENT, RETENTION, AND DEVELOPMENT OF
CYBERSPACE EXPERTS.
(a) Study.--The Secretary of Defense shall conduct an independent
study examining the availability of military and civilian personnel for
Department of Defense defensive and offensive cyberspace operations,
identifying any gaps in meeting personnel needs, and recommending
available mechanisms to fill such gaps, including permanent and
temporary positions.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the results of the study conducted under subsection
(a).
(2) Matters to be covered.--The report required under
paragraph (1) shall include the following elements:
(A) A statement of capabilities and number of
cyberspace operations personnel required to meet the
defensive and offensive cyberspace operation
requirements of the Department of Defense.
(B) An assessment of the sufficiency of the numbers
and types of personnel available for cyberspace
operations, including an assessment of the balance of
military personnel, Department of Defense civilian
employees, and contractor positions, and the
availability of personnel with expertise in matters
related to cyberspace operations from outside of the
Department of Defense.
(C) A description of the obstacles to adequate
recruitment and retention of such personnel.
(D) An exploration of the various recruiting,
training, and affiliation mechanisms, such as the
reserve components, including the individual ready
reserves, the civilian expeditionary workforce,
corporate and university partnerships, the Reserve
Officers' Training Corps, and civilian auxiliaries to
address challenges to recruitment, retention, and
training.
(E) A description of incentives that enable and
encourage individuals with cyber skills from outside
the Department of Defense to affiliate with the Armed
Forces and civilian employees of the Department of
Defense through other types of service agreements, as
well as obstacles that discourage cyberspace experts
and the Department of Defense from implementing new
organizational constructs.
(F) Identification of legal, policy, or
administrative impediments to attracting and retaining
cyberspace operations personnel.
(G) Recommendations for legislative or policy
changes necessary to increase the availability of
cyberspace operations personnel.
(3) Submission of comments.--The Secretary of Defense shall
include with the report submitted under paragraph (1) comments
on the findings and recommendations contained in the report,
including comments from the Secretaries of each of the military
departments.
(c) Cyberspace Operations Personnel Defined.--In this section, the
term ``cyberspace operations personnel'' refers to members of the Armed
Forces and civilian employees of the Department of Defense involved
with the operations and maintenance of a computer network connected to
the global information grid, as well as offensive, defensive, and
exploitation functions of such a network.
SEC. 1077. REPORTS ON RESOLUTION RESTRICTIONS ON THE COMMERCIAL SALE OR
DISSEMINATION OF ELETRO-OPTICAL IMAGERY COLLECTED BY
SATELLITES.
(a) Secretary of Commerce Report.--
(1) Report required.--Not later than April 15, 2012, the
Secretary of Commerce shall submit to Congress a report setting
forth the results of a comprehensive review of current
restrictions on the resolution of electro-optical (EO) imagery
collected from satellites that commercial companies may sell or
disseminate. The report shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in light of the results of the review.
(2) Considerations.--In conducting the review required for
purposes of the report under paragraph (1), the Secretary shall
take into consideration the following:
(A) Increases in sales of commercial satellite
imagery that would result from a relaxation of
resolution restrictions, and the ensuing benefit to the
United States Government, commerce, and academia from
an expanding market in satellite imagery.
(B) Current and anticipated deployments of
satellites built in foreign countries that can or will
be able to collect imagery at a resolution greater than
.5 meter resolution, and the sale or dissemination of
such imagery.
(C) The lead-time involved in securing financing,
designing, building, and launching the new satellite
imagery collection capabilities that would be required
to enable United States commercial satellite companies
to match current and anticipated foreign satellite
imagery collection capabilities.
(D) Inconsistencies between the current resolution
restrictions on the sale or dissemination of imagery
collected by United States commercial companies, the
availability of higher resolution imagery from foreign
sources, and the National Space Policy of the United
States, released by the President on June 28, 2010.
(E) The lack of restrictions on the sale or
dissemination of high-resolution imagery collected by
aircraft.
(F) The utility that higher resolution imagery
would bring to the United States Armed Forces, the
production of military geo-spatial information,
intelligence analysis, cooperation with allies,
scientific research efforts, and domestic disaster
monitoring and relief.
(b) Intelligence Assessment.--
(1) Assessment required.--Not later than 15 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Under Secretary of Defense for
Intelligence shall jointly submit to the appropriate committees
of Congress a report setting forth an assessment of the
benefits and risks of relaxing current resolution restrictions
on the electro-optical imagery from satellites that commercial
United States companies may sell or disseminate, together with
recommendations for means of protecting national security
related information in the event of the relaxation of such
resolution restrictions.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 1078. REPORT ON INTEGRATION OF UNMANNED AERIAL SYSTEMS INTO THE
NATIONAL AIRSPACE SYSTEM.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Administrator of the Federal Aviation Administration and on
behalf of the UAS Executive Committee, submit to the appropriate
committees of Congress a report setting forth the following:
(1) A description and assessment of the rate of progress in
integrating unmanned aircraft systems into the national
airspace system.
(2) An assessment of the potential for one or more pilot
program or programs on such integration at certain test ranges
to increase that rate of progress.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, the Committee on Science,
Space, and Technology, and the Committee on Appropriations of
the House of Representatives.
SEC. 1079. STUDY ON UNITED STATES FORCE POSTURE IN EAST ASIA AND THE
PACIFIC REGION.
(a) Independent Assessment.--
(1) In general.--The Secretary of Defense, in consultation
with the Chairmen and Ranking Members of the Committees on
Armed Services of the Senate and the House of Representatives,
shall commission an independent assessment of America's
security interests in East Asia and the Pacific region. The
assessment shall be conducted by an independent, non-
governmental institute which is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code, and has recognized credentials and
expertise in national security and military affairs with ready
access to policy experts throughout the country and from the
region.
(2) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following elements:
(A) A review of current and emerging United States
national security interests in the East Asia and
Pacific region.
(B) A review of current United States military
force posture and deployment plans, with an emphasis on
the current plans for United States force realignments
in Okinawa and Guam.
(C) Options for the realignment of United States
forces in the region to respond to new opportunities
presented by allies and partners.
(D) The views of noted policy leaders and regional
experts, including military commanders in the region.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the designated private entity shall provide an
unclassified report, with a classified annex, containing its findings
to the Secretary of Defense. Not later than 90 days after the date of
receipt of the report, the Secretary of Defense shall transmit the
report to the congressional defense committees, together with such
comments on the report as the Secretary considers appropriate.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated under section 301 for operation and maintenance for
Defense-wide activities, up to $1,000,000, shall be made available for
the completion of the study required under this section.
SEC. 1080. REPORT ON STATUS OF IMPLEMENTATION OF ACCEPTED
RECOMMENDATIONS IN THE FINAL REPORT OF THE 2010 ARMY
ACQUISITION REVIEW PANEL.
Not later than 1 October 2012, the Secretary of the Army shall
submit to the congressional defense committees a report describing the
plan and implementation status of the recommendations contained in the
Final Report of the 2010 Army Acquisition Review panel (also known as
the ``Decker-Wagner Report'') that the Army agreed to implement.
SEC. 1080A. REPORT ON FEASIBILITY OF USING UNMANNED AERIAL SYSTEMS TO
PERFORM AIRBORNE INSPECTION OF NAVIGATIONAL AIDS IN
FOREIGN AIRSPACE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the congressional
defense committees a report on the feasibility of using unmanned aerial
systems to perform airborne flight inspection of electronic signals-in-
space from ground-based navigational aids that support aircraft
departure, en route, and arrival flight procedures in foreign airspace
in support of United States military operations.
SEC. 1080B. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH AND
DEVELOPMENT RELATING TO IMPROVED COMBAT CASUALTY CARE.
(a) Study Required.--The Comptroller General of the United States
shall conduct a review of Department of Defense programs and
organizations related to, and resourcing of, medical research and
development in support of improved combat casualty care designed to
save lives on the battlefield.
(b) Report.--Not later than January 1, 2013, the Comptroller
General shall submit to the congressional defense committees a report
on the review conducted under subsection (a), including the following
elements:
(1) A description of current medical combat casualty care
research and development programs throughout the Department of
Defense, including basic and applied medical research,
technology development, and clinical research.
(2) An identification of organizational elements within the
Department that have responsibility for planning and oversight
of combat casualty care research and development.
(3) A description of the means by which the Department
applies combat casualty care research findings, including
development of new medical devices, to improve battlefield
care.
(4) An assessment of the adequacy of the coordination by
the Department of planning for combat casualty care medical
research and development and whether or not the Department has
a coordinated combat casualty care research and development
strategy.
(5) An assessment of the adequacy of resources provided for
combat casualty care research and development across the
Department.
(6) An assessment of the programmatic, organizational, and
resource challenges and gaps faced by the Department in
optimizing investments in combat casualty care medical research
and development in order to save lives on the battlefield.
(7) The extent to which the Department utilizes expertise
from experts and entities outside the Department with expertise
in combat casualty care medical research and development.
(8) An assessment of the challenges faced in rapidly
applying research findings and technology developments to
improved battlefield care.
(9) Recommendations regarding--
(A) the need for a coordinated combat casualty care
medical research and development strategy;
(B) organizational obstacles or realignments to
improve effectiveness of combat casualty care medical
research and development; and
(C) adequacy of resource support.
SEC. 1080C. REPORTS TO CONGRESS ON THE MODIFICATION OF THE FORCE
STRUCTURE FOR THE STRATEGIC NUCLEAR WEAPONS DELIVERY
SYSTEMS OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) Since the early 1960s, the United States has developed
and maintained a triad of strategic nuclear weapons delivery
systems.
(2) The triad includes sea-based, land-based, and air-based
strategic nuclear weapons delivery systems.
(b) Report on Modification.--Whenever after the date of the
enactment of this Act the President proposes a modification of the
force structure for the strategic nuclear weapons delivery systems of
the United States, the President shall submit to Congress a report on
the modification. The report shall include a description of the manner
in which such modification will maintain for the United States a range
of strategic nuclear weapons delivery systems appropriate for the
current and anticipated threats faced by the United States when
compared with the current force structure of strategic nuclear weapons
delivery systems.
SEC. 1080D. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON THE
MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS OF THE
DEPARTMENT OF DEFENSE.
(a) Assessment Reports Required.--
(1) In general.--Not later than March 30 of each year from
2013 through 2018, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
setting forth an assessment of the performance of the major
automated information system programs of the Department of
Defense.
(2) Elements.--Each report under subsection (a) shall
include the following:
(A) An assessment by the Comptroller General of the
cost, schedule, and performance of a representative
variety of major automated information system programs
selected by the Comptroller General for purposes of
such report.
(B) An assessment by the Comptroller General of the
level of risk associated with the programs selected
under subparagraph (A) for purposes of such report, and
a description of the actions taken by the Department to
manage or reduce such risk.
(C) An assessment by the Comptroller General of the
extent to which the programs selected under
subparagraph (A) for purposes of such report employ
best practices for the acquisition of information
technology systems, as identified by the Comptroller
General, the Defense Science Board, and the Department.
(b) Preliminary Report.--
(1) In general.--Not later than September 30, 2012, the
Comptroller General shall submit to the appropriate committees
of Congress a report setting forth the following:
(A) The metrics to be used by the Comptroller
General for the reports submitted under subsection (a).
(B) A preliminary assessment on the matters set
forth under subsection (a)(2).
(2) Briefings.--In developing metrics for purposes of the
report required by paragraph (1)(A), the Comptroller General
shall provide the appropriate committees of Congress with
periodic briefings on the development of such metrics.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Oversight and Government Reform, and the Committee
on Appropriations of the House of Representatives.
(2) The term ``major automated information system program''
has the meaning given that term in section 2445a of title 10,
United States Code.
SEC. 1080E. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE SCIENCE
AND TECHNOLOGY PROGRAMS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on unnecessary redundancies, inefficiencies, and gaps
in Department of Defense 6.1-6.3 Science and Technology (S&T) programs.
The study shall--
(1) focus on S&T programs within the Army, Navy, and Air
Force, as well as programs run by the Office of the Secretary
of Defense;
(2) describe options for consolidation and cost-savings, if
any;
(3) assess how the military departments and the Office of
the Secretary of Defense are aligning their programs with the
seven S&T strategic investment priorities identified by the
Assistant Secretary of Defense for Research and Engineering:
Data to Decisions, Engineered Resilient Systems, Cyber Science
and Technology, Electronic Warfare/Electronic Protection,
Counter Weapons of Mass Destruction, Autonomy, and Human
Systems; and
(4) assess how the military departments and the Office of
the Secretary of Defense are coordinating efforts with respect
to duplicative programs, if any.
(b) Report.--Not later than January 1, 2013, the Comptroller
General shall submit to the congressional defense committees a report
on the findings of the study conducted under subsection (a).
SEC. 1080F. COMPTROLLER GENERAL REPORT ON SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATH (STEM) INITIATIVES.
(a) Study.--The Comptroller General of the United States shall
conduct a study assessing Science, Technology, Engineering, and Math
(STEM) initiatives of the Department of Defense. The study shall--
(1) determine which programs are ineffective, and which are
unnecessarily redundant within the Department of Defense;
(2) describe options for consolidation and elimination of
programs identified under paragraph (1); and
(3) describe options for how the Department and other
Federal departments and agencies can work together on similar
initiatives without unnecessary duplication of funding.
(b) Report.--Not later than January 1, 2013, the Comptroller
General shall submit to the congressional defense committees a report
on the findings of the study conducted under subsection (a).
SEC. 1080G. REPORT ON DEFENSE DEPARTMENT ANALYTIC CAPABILITIES
REGARDING FOREIGN BALLISTIC MISSILE THREATS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the analytic capabilities
of the Department of Defense regarding threats from foreign ballistic
missiles of all ranges.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the current capabilities of the
Department of Defense to analyze threats from foreign ballistic
missiles of all ranges, including the degree of coordination
among the relevant analytic elements of the Department.
(2) A description of any current or foreseeable gaps in the
analytic capabilities of the Department regarding threats from
foreign ballistic missiles of all ranges.
(3) A plan to address any gaps identified pursuant to
paragraph (2) during the 5-year period beginning on the date of
the report.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1080H. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA BATTLE
CONCEPT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the approved Air Sea Battle Concept, as required
by the 2010 Quadrennial Defense Review Report, and a plan for the
implementation of the concept.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) The approved Air Sea Battle Concept.
(2) An identification and assessment of risks related to
gaps between Air Sea Battle Concept requirements and the
current force structure and capabilities of the Department of
Defense.
(3) The plan and assessment of the Department on the risks
to implementation of the approved concept within the current
force structure and capabilities.
(4) A description and assessment of how current research,
development, and acquisition priorities in the program of
record meet or fail to meet current and future requirements for
implementation of the Air Sea Battle Concept.
(5) An identification, in order of priority, of the five
most critical force structure or capabilities requiring
increased or sustained investment for the implementation of the
Air Sea Battle Concept.
(6) An identification, in order of priority, of how the
Department will offset the increased costs for force structure
and capabilities required by implementation of the Air Sea
Battle Concept, including an explanation of what force
structure, capabilities, and programs will be reduced and how
potentially increased risks based on those reductions will be
managed relative to other strategic requirements.
(7) A description and assessment of the estimated
incremental increases in costs and savings from implementing
the Air Sea Battle Concept, including the most significant
reasons for those increased costs and savings.
(8) A description and assessment of the contributions
required from allies and other international partners,
including the identification and plans for management of
related risks, in order to implement the Air Sea Battle
Concept.
(9) Such other matters relating to the development and
implementation of the Air Sea Battle Concept as the Secretary
considers appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in both unclassified and classified form.
SEC. 1080I. REPORT ON EFFECTS OF CHANGING FLAG OFFICER POSITIONS WITHIN
THE AIR FORCE MATERIAL COMMAND.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall conduct an
analysis and submit to the congressional defense committees a report on
the effects of changing flag officer positions within the Air Force
Materiel Command (AFMC), including consideration of the following
issues:
(1) The effect on the weapons testing mission of AFMC.
(2) The potential for lack of oversight if flag positions
are reduced or eliminated.
(3) The reduced experience level of general officers
managing challenging weapons development programs under a new
command structure.
(4) The additional duties of base management functions
impacting the test wing commander's ability to manage actual
weapons testing under the new structure.
(b) Comptroller General Assessment.--Not later than 60 days after
the submittal of the report under subsection (a), the Comptroller
General of the United States shall submit to Congress an assessment by
the Comptroller General of the report, including a determination
whether or not the report complies with applicable best practices.
Subtitle H--Other Matters
SEC. 1081. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILITARY
INFORMATION SUPPORT OPERATIONS IN TITLE 10, UNITED STATES
CODE, TO CONFORM TO DEPARTMENT OF DEFENSE USAGE.
Title 10, United States Code, is amended as follows:
(1) In section 167(j), by striking paragraph (6) and
inserting the following new paragraph:
``(6) Military information support operations.''.
(2) Section 2011(d)(1) is amended by striking
``psychological operations'' and inserting ``military
information support operations''.
SEC. 1082. TERMINATION OF REQUIREMENT FOR APPOINTMENT OF CIVILIAN
MEMBERS OF NATIONAL SECURITY EDUCATION BOARD BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE.
(a) Termination.--Subsection (b)(7) of section 803 of the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1903) is
amended by striking ``by and with the advice and consent of the
Senate,''.
(b) Technical Amendment.--Subsection (c) of such section is amended
by striking ``subsection (b)(6)'' and inserting ``subsection (b)(7)''.
SEC. 1083. REDESIGNATION OF INDUSTRIAL COLLEGE OF THE ARMED FORCES AS
THE DWIGHT D. EISENHOWER SCHOOL FOR NATIONAL SECURITY AND
RESOURCE STRATEGY.
(a) Redesignation.--The Industrial College of the Armed Forces is
hereby renamed the ``Dwight D. Eisenhower School for National Security
and Resource Strategy''.
(b) Conforming Amendment.--Paragraph (2) of section 2165(b) of
title 10, United States Code, is amended to read as follows:
``(2) The Dwight D. Eisenhower School for National Security
and Resource Strategy.''.
(c) References.--Any reference to the Industrial College of the
Armed Forces in any law, regulation, map, document, record, or other
paper of the United States shall be deemed to be a reference to the
Dwight D. Eisenhower School for National Security and Resource
Strategy.
SEC. 1084. DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN
AND MEDITATION PAVILION, DOVER AIR FORCE BASE, DELAWARE,
AS A FISHER HOUSE.
The Fisher House for the Families of the Fallen and Meditation
Pavilion at Dover Air Force Base, Delaware, is hereby designated as a
Fisher House for purposes of section 2493 of title 10, United States
Code.
SEC. 1085. SENSE OF SENATE ON APPLICATION OF MORATORIUM ON EARMARKS TO
THIS ACT.
It is the sense of the Senate that the moratorium on
congressionally-directed spending items in the Senate, and on
congressional earmarks in the House of Representatives, should be fully
enforced in this Act.
SEC. 1086. TECHNICAL AMENDMENT RELATING TO RESPONSIBILITIES OF DEPUTY
ASSISTANT SECRETARY OF DEFENSE FOR MANUFACTURING AND
INDUSTRIAL BASE POLICY.
Section 139e(b)(12) of title 10, United States Code, is amended by
striking ``titles I and II'' and inserting ``titles I and III''.
SEC. 1087. TECHNICAL AMENDMENT.
Section 382 of title 10, United States Code, is amended by striking
``biological or chemical'' each place it appears in subsections (a) and
(b).
SEC. 1088. IMPROVING THE TRANSITION OF MEMBERS OF THE ARMED FORCES WITH
EXPERIENCE IN THE OPERATION OF CERTAIN MOTOR VEHICLES
INTO CAREERS OPERATING COMMERCIAL MOTOR VEHICLES IN THE
PRIVATE SECTOR.
(a) Study.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Transportation shall jointly conduct a study to
identify the legislative and regulatory actions that can be
taken for purposes as follows:
(A) To facilitate the obtaining of commercial
driver's licenses (within the meaning of section 31302
of title 49, United States Code) by former members of
the Armed Forces who operated qualifying motor vehicles
as members of the Armed Forces.
(B) To improve the transition of members of the
Armed Forces who operate qualifying motor vehicles as
members of the Armed Forces into careers operating
commercial motor vehicles (as defined in section 31301
of such title) in the private sector after separation
from service in the Armed Forces.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) Identification of any training, qualifications,
or experiences of members of the Armed Forces described
in paragraph (1)(B) that satisfy the minimum standards
prescribed by the Secretary of Transportation for the
operation of commercial motor vehicles under section
31305 of title 49, United States Code.
(B) Identification of the actions the Secretary of
Defense can take to document the training,
qualifications, and experiences of such members for the
purposes described in paragraph (1).
(C) Identification of the actions the Secretary of
Defense can take to modify the training and education
programs of the Department of Defense for the purposes
described in paragraph (1).
(D) An assessment of the feasibility and
advisability of each of the legislative and regulatory
actions identified under the study.
(E) Development of recommendations for legislative
and regulatory actions to further the purposes
described in paragraph (1).
(b) Implementation.--Upon completion of the study required by
subsection (a), the Secretary of Defense and the Secretary of
Transportation shall carry out the actions identified under the study
which the Secretaries--
(1) can carry out without legislative action; and
(2) jointly consider both feasible and advisable.
(c) Report.--
(1) In general.--Upon completion of the study required by
subsection (a)(1), the Secretary of Defense and the Secretary
of Transportation shall jointly submit to Congress a report on
the findings of the Secretaries with respect to the study.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the legislative and regulatory
actions identified under the study.
(B) A description of the actions described in
subparagraph (A) that can be carried out by the
Secretary of Defense and the Secretary of
Transportation without any legislative action.
(C) A description of the feasibility and
advisability of each of the legislative and regulatory
actions identified by the study.
(D) The recommendations developed under subsection
(a)(2)(E).
(d) Definitions.--In this section:
(1) Motor vehicle.--The term ``motor vehicle'' means a
vehicle, machine, tractor, trailer, or semitrailer propelled or
drawn by mechanical power and used on land, but does not
include a vehicle, machine, tractor, trailer, or semitrailer
operated only on a rail line or custom harvesting farm
machinery.
(2) Qualifying motor vehicle.--The term ``qualifying motor
vehicle'' means a motor vehicle or combination of motor
vehicles used to transport passengers or property that--
(A) has a gross combination vehicle weight rating
of 26,001 pounds or more, inclusive of a towed unit
with a gross vehicle weight rating of more than 10,000
pounds;
(B) has a gross vehicle weight rating of 26,001
pounds or more;
(C) is designed to transport 16 or more passengers,
including the driver; or
(D) is of any size and is used in the
transportation of materials found to be hazardous under
chapter 51 of title 49, United States Code, and which
require the motor vehicle to be placarded under subpart
F of part 172 of title 49, Code of Federal Regulations,
or any corresponding similar regulation or ruling.
SEC. 1089. FIRE SUPPRESSION AGENTS.
Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is
amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) is listed as acceptable for use as a fire suppression
agent for nonresidential applications in accordance with
section 612(c).''.
SEC. 1090. ACQUISITION AND PROCUREMENT EXCHANGES BETWEEN THE UNITED
STATES AND INDIA.
The Secretary of Defense should seek to establish exchanges between
acquisition and procurement officials of the Department of Defense and
defense officials of the Government of India to increase mutual
understanding regarding best practices in defense acquisition.
SEC. 1091. LONG-TERM PLAN FOR MAINTENANCE OF INTERCONTINENTAL BALLISTIC
MISSILE SOLID ROCKET MOTOR PRODUCTION CAPACITY.
The Secretary of Defense shall submit, with the budget
justification materials submitted to Congress in support of the budget
of the Department of Defense for fiscal year 2013 (as submitted with
the budget of the President under section 1105(a) of title 31, United
States Code), a long-term plan for maintaining a minimal capacity to
produce intercontinental ballistic missile solid rocket motors.
SEC. 1092. CYBERSECURITY COLLABORATION BETWEEN THE DEPARTMENT OF
DEFENSE AND THE DEPARTMENT OF HOMELAND SECURITY.
(a) Interdepartmental Collaboration.--
(1) In general.--The Secretary of Defense and the Secretary
of Homeland Security shall provide personnel, equipment, and
facilities in order to increase interdepartmental collaboration
with respect to--
(A) strategic planning for the cybersecurity of the
United States;
(B) mutual support for cybersecurity capabilities
development; and
(C) synchronization of current operational
cybersecurity mission activities.
(2) Efficiencies.--The collaboration provided for under
paragraph (1) shall be designed--
(A) to improve the efficiency and effectiveness of
requirements formulation and requests for products,
services, and technical assistance for, and
coordination and performance assessment of,
cybersecurity missions executed across a variety of
Department of Defense and Department of Homeland
Security elements; and
(B) to leverage the expertise of each individual
Department and to avoid duplicating, replicating, or
aggregating unnecessarily the diverse line
organizations across technology developments,
operations, and customer support that collectively
execute the cybersecurity mission of each Department.
(b) Responsibilities.--
(1) Department of homeland security.--The Secretary of
Homeland Security shall identify and assign, in coordination
with the Department of Defense, a Director of Cybersecurity
Coordination within the Department of Homeland Security to
undertake collaborative activities with the Department of
Defense.
(2) Department of defense.--The Secretary of Defense shall
identify and assign, in coordination with the Department of
Homeland Security, one or more officials within the Department
of Defense to coordinate, oversee, and execute collaborative
activities and the provision of cybersecurity support to the
Department of Homeland Security.
SEC. 1093. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL GUARD DUTY.
Section 4312(c)(4) of title 38, United States Code, is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(F) ordered to full-time National Guard duty
(other than for training) under section 502(f) of title
32 when authorized by the President or the Secretary of
Defense for the purpose of responding to a national
emergency declared by the President and supported by
Federal funds, as determined by the Secretary
concerned.''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. AUTHORITY OF THE SECRETARIES OF THE MILITARY DEPARTMENTS TO
EMPLOY UP TO 10 PERSONS WITHOUT PAY.
Section 1583 of title 10, United States Code, is amended in the
first sentence--
(1) by inserting ``and the Secretaries of the military
departments'' after ``the Secretary of Defense''; and
(2) by inserting ``each'' after ``may''.
SEC. 1102. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL EMPLOYEE HEALTH
BENEFITS FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.
(a) Extension for Department of Defense.--Subparagraph (B) of
section 8905a(d)(4) of title 5, United States Code, is amended--
(1) in clause (i), by striking ``December 31, 2011'' and
inserting ``October 1, 2015''; and
(2) in clause (ii)--
(A) by striking ``February 1, 2012'' and inserting
``February 1, 2016''; and
(B) by striking ``December 31, 2011'' and inserting
``the date specified in clause (i)''.
(b) Technical Amendment To Delete Obsolete Authority Applicable to
Department of Energy.--Subparagraph (A) of such section is amended by
striking ``, or the Department of Energy due to a reduction in force
resulting from the establishment of the National Nuclear Security
Administration''.
SEC. 1103. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS
PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY
SEPARATION INCENTIVE PROGRAM.
(a) Authority for Waiver.--Subject to subsection (c), the Secretary
of Defense may 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 separation incentive payment made
under subsection (f)(1) of that section in the case of an employee or
former employee of the Department of Defense described in subsection
(b).
(b) Persons Covered.--Subsection (a) applies to any employee or
former employee of the Department of Defense--
(1) who during the period beginning on April 1, 2004, and
ending on March 1, 2008, received a voluntary separation
incentive payment under subsection (f)(1) of section 9902 of
title 5, United States Code;
(2) who was reappointed to a position in the Department of
Defense to support a declared national emergency related to
terrorism or a natural disaster during the period beginning on
June 1, 2004, and ending on March 1, 2008; and
(3) with respect to whom the Secretary determines--
(A) that the employee or former employee, before
accepting the reappointment referred to in paragraph
(2), received a representation from an officer or
employee of the Department of Defense that recovery of
the amount of the payment referred to in paragraph (1)
would not be required or would be waived; and
(B) that the employee or former employee reasonably
relied on that representation when accepting
reappointment.
(c) Required Determination.--The Secretary of Defense may grant a
waiver under subsection (a) in the case of any individual only if the
Secretary determines that recovery of the amount of the payment
otherwise required would be against equity and good conscience because
of the circumstances of that individual's reemployment after receiving
a voluntary separation incentive payment.
(d) Treatment of Prior Repayments.--The Secretary of Defense may,
pursuant to a determination under subsection (c) specific to an
individual, provide for reimbursement to that individual for any amount
the individual has previously repaid to the United States for a
voluntary separation incentive payment covered by this section. The
reimbursement shall be paid either from the appropriations into which
the repayment was deposited, if such appropriations remain available,
or from appropriations currently available for the purposes of the
appropriation into which the repayment was deposited.
(e) Expiration of Authority.--The authority to grant a waiver under
this section shall expire on December 31, 2012.
SEC. 1104. PERMANENT EXTENSION AND EXPANSION OF EXPERIMENTAL PERSONNEL
PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) Permanent Extension.--Section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104
note) is amended--
(1) in subsection (a), by striking ``During the program
period'' and all that follows through ``use of the'' and
inserting ``The Secretary of Defense may carry out a program to
use the''; and
(2) by striking subsections (e), (f), and (g).
(b) Expansion of Availability of Personnel Management Authority.--
Subsection (b)(1) of such section is amended--
(1) in subparagraph (A), by striking ``40'' and inserting
``50'';
(2) in subparagraph (C), by striking ``and'' at the end;
(3) in subparagraph (D), by adding ``and'' at the end; and
(4) by adding at the end the following new subparagraph:
``(E) not more than a total of 10 scientific and
engineering positions in the Office of the Director of
Operational Test and Evaluation;''.
SEC. 1105. MODIFICATION OF BENEFICIARY DESIGNATION AUTHORITIES FOR
DEATH GRATUITY PAYABLE UPON DEATH OF A UNITED STATES
GOVERNMENT EMPLOYEE IN SERVICE WITH THE ARMED FORCES.
(a) Authority To Designate More Than 50 Percent of Death Gratuity
to Unrelated Persons.--
(1) In general.--Paragraph (4) of section 8102a(d) of title
5, United States Code, is amended--
(A) by striking the first sentence and inserting
``A person covered by this section may designate
another person to receive an amount payable under this
section.''; and
(B) in the second sentence, by striking ``up to the
maximum of 50 percent''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act and
apply to the payment of a death gratuity based on any death
occurring on or after that date.
(b) Notice to Spouse of Designation of Another Person To Receive
Portion of Death Gratuity.--Such section is further amended by adding
at the end the following new paragraph:
``(6) If a person covered by this section has a spouse, but
designates a person other than the spouse to receive all or a
portion of the amount payable under this section, the head of
the agency, or other entity, in which that person is employed
shall provide notice of the designation to the spouse.''.
SEC. 1106. TWO-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO PERSONNEL ON
OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616), is amended by striking
``fiscal years 2009, 2010, and 2011'' and inserting ``fiscal years 2009
through 2013''.
SEC. 1107. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Effective January 1, 2012, section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4615), as most recently amended by section 1103 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4382), is further amended by striking
``through 2011'' and inserting ``through 2012''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING ASSISTANCE
AUTHORITY TO INCLUDE STOCKPILED CONVENTIONAL MUNITIONS.
(a) Expansion.--Section 407 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and stockpiled
conventional munitions assistance'' after
``humanitarian demining assistance'';
(B) in paragraph (2), by inserting ``and stockpiled
conventional munitions assistance'' after
``Humanitarian demining assistance''; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``or stockpiled conventional
munitions assistance'' after ``humanitarian
demining assistance''; and
(ii) in subparagraph (A), by inserting ``,
or stockpiled conventional munitions, as
applicable,'' after ``explosive remnants of
war'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and stockpiled
conventional munitions assistance'' after
``humanitarian demining assistance''; and
(B) in paragraph (2), by inserting ``or stockpiled
conventional munitions assistance'' after
``humanitarian demining assistance'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or stockpiled
conventional munitions assistance'' after
``humanitarian demining assistance''; and
(B) in paragraph (2)(B)--
(i) by inserting ``or stockpiled
conventional munitions activities'' after
``humanitarian demining activities''; and
(ii) by inserting ``, or stockpiled
conventional munitions, as applicable,'' after
``explosive remnants of war''; and
(4) in subsection (d), by inserting ``or stockpiled
conventional munitions assistance'' after ``humanitarian
demining assistance'' each place it appears.
(b) Definitions.--Subsection (e) of such section is amended to read
as follows:
``(e) Definitions.--In this section:
``(1) Humanitarian demining assistance.--The term
`humanitarian demining assistance', as it relates to training
and support, means detection and clearance of landmines and
other explosive remnants of war.
``(2) Stockpiled conventional munitions assistance.--The
term `stockpiled conventional munitions assistance', as it
relates to support of humanitarian assistance efforts, means
training and support in the disposal, demilitarization,
physical security, and stockpile management of potentially
dangerous stockpiles of explosive ordnance.
``(3) Included activities.--The terms in paragraphs (1) and
(2) include activities related to the furnishing of education,
training, and technical assistance with respect to explosive
safety, the detection and clearance of landmines and other
explosive remnants of war, and the disposal, demilitarization,
physical security, and stockpile management of potentially
dangerous stockpiles of explosive ordnance.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 407. Humanitarian demining assistance and stockpiled
conventional munitions assistance: authority;
limitations''.
(2) Table of sections.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 407 and inserting the following
new item:
``407. Humanitarian demining assistance and stockpiled conventional
munitions assistance: authority;
limitations.''.
SEC. 1202. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITIES
APPLICABLE TO COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) One-year Extension of Authority.--
(1) In general.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3455), as most recently amended by
section 1212 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4389),
is further amended--
(A) in the subsection heading, by striking ``Fiscal
Year 2011'' and inserting ``Fiscal Year 2012'';
(B) by striking ``fiscal year 2011, from'' and
inserting ``fiscal year 2012''; and
(C) by striking ``operation and maintenance'' and
all that follows and inserting ``operation and
maintenance, not to exceed $400,000,000 may be used by
the Secretary of Defense to provide funds for the
Commanders' Emergency Response Program in
Afghanistan.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2011.
(b) Extension of Due Date for Quarterly Reports to Congress.--
Subsection (b)(1) of such section, as most recently amended by section
1222 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2518), is further amended by striking
``30 days'' and inserting ``45 days''.
(c) Authority To Accept Contributions.--Such section, as so amended
by section 1212 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011, is further amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Authority To Accept Contributions.--The Secretary of Defense
may accept cash contributions from any person, foreign government, or
international organization for the purposes specified in subsection
(a). Funds received by the Secretary may be credited to the operation
and maintenance account from which funds are made available to carry
out the authority in subsection (a), and may be used for such purposes
until expended in addition to the funds specified in that
subsection.''.
SEC. 1203. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND
MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND
SURVIVABILITY.
Section 1202(e) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2413), as most
recently amended by section 1204(b) of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4623), is further amended by striking ``September 30, 2011'' and
inserting ``September 30, 2014''.
SEC. 1204. CONDITIONAL EXTENSION AND MODIFICATION OF AUTHORITY TO BUILD
THE CAPACITY OF COUNTER TERRORISM FORCES OF YEMEN.
(a) Extension.--Subsection (a) of section 1205 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4387) is amended by striking ``fiscal year 2011''
and inserting ``fiscal years 2011 and 2012''.
(b) Assistance Through Minor Military Construction.--Subsection (b)
of such section is amended--
(1) in paragraph (1), by inserting ``and minor military
construction'' before the period at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Limitations on minor military construction.--Minor
military construction may be provided under subsection (a) only
after September 30, 2011. The total amount that may be
obligated and expended on such construction in any fiscal year
may not exceed $10,000,000. Minor military construction may not
be provided under subsection (a) in the city of Sana'a or in
the Sana'a Governate, Yemen.''.
(c) Funding.--Subsection (c) of that section is amended by striking
``by section 301'' and all that follows through ``for fiscal year
2011'' and inserting ``for the fiscal year concerned for operation and
maintenance (other than operation and maintenance for overseas
contingency operations)''.
(d) Condition on Use of Authorities.--
(1) Notice and wait.--An authority specified in paragraph
(2) may not be used until 60 days after the date on which the
Secretary of Defense and the Secretary of State jointly
certify, in writing, to the appropriate committees of Congress
that the use of such authority is important to the national
security interests of the United States. The certification on
an authority shall include the following:
(A) The reasons why the use of such authority is
important to the national security interests of the
United States.
(B) A justification for the provision of assistance
pursuant to such authority.
(C) An acknowledgment by the Secretary of Defense
and the Secretary of State that they have received
assurance from the Government of Yemen that any
assistance provided pursuant to such authority will be
utilized in manner consistent with subsection (b)(2) of
the applicable section.
(2) Covered authorities.--The authorities referred to in
this paragraph are the following:
(A) The authority in section 1205 of the Ike
Skelton National Defense Authorization Act for Fiscal
Year 2011, as amended by this section.
(B) The authority in section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 2456), as amended.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means the committees of Congress specified in section
1205(d)(2) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011.
SEC. 1205. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
(a) Extension.--Subsection (h) of section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375), as most recently amended by section 1208(c) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4626), is further amended by striking ``2013''
and inserting ``2017''.
(b) Clarification of Limitation on Funding.--Subsection (g) of such
section, as amended by section 1202(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
364), is further amended--
(1) by striking ``each fiscal year'' and inserting ``any
fiscal year''; and
(2) by striking ``pursuant to title XV of this Act'' and
inserting ``for that fiscal year''.
SEC. 1206. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTHORITIES RELATING
TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY
FORCES.
Of the funds available for fiscal year 2012 for building the
capacity of foreign military forces under section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), as most recently amended by section 1207 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4389), not more than $100,000,000 may be
obligated and expended until the Secretary of Defense and the Secretary
of State submit the report required by section 1237 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4642).
SEC. 1207. GLOBAL SECURITY CONTINGENCY FUND.
(a) Establishment.--There is established on the books of the
Treasury of the United States an account to be known as the ``Global
Security Contingency Fund''.
(b) Authority.--Amounts in the Fund shall be available to either
the Secretary of State or the Secretary of Defense, notwithstanding any
other provision of law, to provide assistance to countries designated
by the Secretary of State, with the concurrence of the Secretary of
Defense, for purposes of this section, as follows:
(1) Assistance under this section may be provided to
enhance the capabilities of a foreign country's national
military forces, and other national security forces that
conduct border and maritime security, internal security, and
counterterrorism operations, as well as the government agencies
responsible for such forces, to--
(A) conduct border and maritime security, internal
defense, and counterterrorism operations; and
(B) participate in or support military, stability,
or peace support operations consistent with United
States foreign policy and national security interests.
(2) Assistance may be provided for the justice sector
(including law enforcement and prisons), rule of law programs,
and stabilization efforts in those cases in which the Secretary
of State, in consultation with the Secretary of Defense,
determines that conflict or instability in a country or region
challenges the existing capability of civilian providers to
deliver such assistance.
(c) Types of Assistance.--
(1) Authorized elements.--A program to provide the
assistance under subsection (b)(1) may include the provision of
equipment, supplies, and training.
(2) Required elements.--A program to provide the assistance
under subsection (b)(1) shall include elements that promote--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority
within that country.
(d) Limitations.--
(1) Assistance otherwise prohibited by law.--The Secretary
of Defense and the Secretary of State may not use the authority
provided under subsection (b) to provide any type of assistance
that is otherwise prohibited by any provision of law.
(2) Limitation on eligible countries.--The Secretary of
Defense and the Secretary of State may not use the authority
provided under subsection (b) to provide assistance to any
foreign country that is otherwise prohibited from receiving
such type of assistance under any other provision of law.
(e) Formulation and Approval of Assistance Programs.--
(1) Security programs.--The Secretary of State and the
Secretary of Defense shall jointly formulate assistance
programs under subsection (b)(1). Assistance programs to be
carried out pursuant to subsection (b)(1) shall be approved by
the Secretary of State, with the concurrence of the Secretary
of Defense, prior to implementation.
(2) Justice sector and stabilization programs.--The
Secretary of State, in consultation with the Secretary of
Defense, shall formulate assistance programs under subsection
(b)(2). Assistance programs to be carried out under the
authority in subsection (b)(2) shall be approved by the
Secretary of State, with the concurrence of the Secretary of
Defense, prior to implementation.
(f) Relation to Other Authorities.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to foreign nations. The administrative authorities
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be
available to the Secretary of State with respect to funds made
available to carry out this section.
(g) Transfer Authority.--
(1) Foreign assistance and other funds.--Funds available to
the Department of State for foreign assistance may be
transferred to the Fund by the Secretary of State. Funds
available to the Department of Defense may be transferred to
the Fund by the Secretary of Defense in accordance with
established procedures for reprogramming under section 1001 of
this Act and successor provisions of law. Amounts transferred
under this paragraph shall be merged with funds made available
under this section and remain available until expended as
provided in subsection (i) for the purposes specified in
subsection (b).
(2) Limitation.--The total amount of funds appropriated and
transferred to the Fund in any fiscal year shall not exceed
$300,000,000. This limitation does not apply to amounts
contributed to the Fund under subsection (h).
(3) Transfers to other accounts.--Funds made available to
carry out assistance activities approved pursuant to subsection
(c) may be transferred to accounts under the following
authorities:
(A) Section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3456; relating to program to build the
capacity of foreign military forces).
(B) Section 23 of the Arms Export Control Act (22
U.S.C. 2763; relating to foreign military financing
program).
(C) Section 481 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291; relating to international
narcotics control and law enforcement).
(D) Chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training program).
(E) Chapter 8 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa et seq.; relating to
antiterrorism assistance).
(F) Complex Crises Fund of the Foreign Assistance
Act of 1961 (title III of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2010 (division F of Public Law 111-117; 123 Stat.
3327)).
(4) Additional authorities.--The transfer authorities in
paragraphs (1) and (3) are in addition to any other transfer
authority available to the Department of State or the
Department of Defense.
(5) Effect on authorization amounts.--A transfer of an
amount to an account under the authority provided in paragraph
(3) shall be deemed to increase the amount authorized for such
account by an amount equal to the amount transferred.
(h) Authority To Accept Gifts.--The Secretary of State may use
money, funds, property, and services accepted pursuant to the authority
of section 635(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2395(d)) to fulfill the purposes of subsection (b).
(i) Availability of Funds.--Amounts in the Fund shall remain
available until September 30, 2015.
(j) Congressional Notification.--
(1) Security programs.--Not less than 15 days before
initiating activities under a program of assistance under
subsection (b)(1), the Secretary of Defense, with the
concurrence of the Secretary of State, shall notify the
specified congressional committees of the program to be
initiated.
(2) Justice sector and stabilization programs.--Not less
than 15 days before initiating activities under a program of
assistance under subsection (b)(2), the Secretary of State,
with the concurrence of the Secretary of Defense, shall notify
the specified congressional committees of the program to be
initiated.
(3) Exercise of transfer authority.--Not less than 15 days
before a transfer under the authority of subsection (g), the
Secretary of State and the Secretary of Defense shall jointly
notify the specified congressional committees of the transfer
of funds into the Fund.
(k) Reporting Requirement.--The Secretary of State and the
Secretary of Defense jointly shall provide a report quarterly to the
specified congressional committees on obligations of funds or transfers
into the Fund made during the preceding quarter.
(l) Specified Congressional Committees.--In this section, the term
``specified congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
(m) Expiration.--The authority provided under this section may not
be exercised after September 30, 2014, except with respect to amounts
appropriated or transferred to the Fund prior to such date, which can
continue to be obligated and expended as provided in subsection (i).
(n) Administrative Expenses.--Amounts in the Fund may be used for
necessary administrative expenses.
SEC. 1208. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN COUNTERTERRORISM
FORCES OF EAST AFRICAN COUNTRIES.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide assistance during fiscal years 2012
and 2013 as follows:
(1) To enhance the capacity of the national military
forces, security agencies serving a similar defense function,
and border security forces of Djibouti, Ethiopia, and Kenya to
conduct counterterrorism operations against al Qaeda, al Qaeda
affiliates, and al Shabaab.
(2) To enhance the capacity of national military forces
participating in the African Union Mission in Somalia to
conduct counterterrorism operations described in paragraph (1).
(b) Types of Assistance.--
(1) Authorized elements.--Assistance under subsection (a)
may include the provision of equipment, supplies, training, and
minor military construction.
(2) Required elements.--Assistance under subsection (a)
shall be provided in a manner that promotes--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority in
the country receiving such assistance.
(3) Assistance otherwise prohibited by law.--The Secretary
of Defense may not use the authority in subsection (a) to
provide any type of assistance described in this subsection
that is otherwise prohibited by any provision of law.
(c) Funding.--
(1) In general.--Of the amount authorized to be
appropriated for each of fiscal years 2012 and 2103 for the
Department of Defense for operation and maintenance (other than
operation and maintenance for overseas contingency operations),
$75,000,000 may be utilized to provide assistance under
subsection (a).
(2) Availability of funds for assistance across fiscal
years.--Amounts available under this subsection for the
authority in subsection (a) for a fiscal year may be used for
assistance under that authority that begins in such fiscal year
but ends in the next fiscal year.
(d) Notice to Congress.--
(1) In general.--Not later than 30 days before providing
assistance under subsection (a), the Secretary of Defense shall
submit to the committees of Congress specified in paragraph (2)
a notice setting forth the assistance to be provided, including
the types of such assistance, the budget for such assistance,
and the completion date for the provision of such assistance.
(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1209. SUPPORT OF FORCES PARTICIPATING IN OPERATIONS TO DISARM THE
LORD'S RESISTANCE ARMY.
(a) Authority.--Pursuant to the policy established by the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172; 124 Stat. 1209), the Secretary of Defense may,
with the concurrence of Secretary of State, provide logistic support,
supplies, and services and intelligence support for forces
participating in operations to mitigate and eliminate the threat posed
by the Lord's Resistance Army as follows:
(1) The national military forces of Uganda.
(2) The national military forces of any other country
determined by the Secretary of Defense, with the concurrence of
the Secretary of State, to be participating in such operations.
(b) Participation of United States Personnel.--No United States
Armed Forces personnel, United States civilian employees, or United
States civilian contractor personnel may participate in combat
operations in connection with the provision of support under subsection
(a), except for the purpose of acting in self-defense or of rescuing
any United States citizen (including any member of the United States
Armed Forces, any United States civilian employee, or any United States
civilian contractor).
(c) Funding.--Of the amount authorized to be appropriated for the
Department of Defense for each of fiscal years 2012 and 2013 for
operation and maintenance, not more than $35,000,000 may be utilized in
each such fiscal year to provide support under subsection (a).
(d) Limitations.--
(1) In general.--The Secretary of Defense may not use the
authority in subsection (a) to provide any type of support that
is otherwise prohibited by any provision of law.
(2) Eligible countries.--The Secretary of Defense may not
use the authority in subsection (a) to provide support to any
foreign country that is otherwise prohibited from receiving
such type of support under any other provision of law.
(e) Notice to Congress on Eligible Countries.--The Secretary of
Defense may not provide support under subsection (a) for the national
military forces of a country determined to be eligible for such support
under that subsection until the Secretary notifies the appropriate
committees of Congress of the eligibility of the country for such
support.
(f) Notice to Congress on Support To Be Provided.--Not later than 5
days after the date on which funds are obligated to provide support
under subsection (a), the Secretary of Defense shall submit to the
appropriate committees of Congress a notice setting forth the
following:
(1) The type of support to be provided.
(2) The national military forces to be supported.
(3) The objectives of such support.
(4) The estimated cost of such support.
(5) The intended duration of such support.
(g) Quarterly Reports to Congress.--The Secretary of State and the
Secretary of Defense shall jointly submit to the appropriate committees
of Congress on a quarterly basis a report on the obligation of funds
under this section during the preceding quarter.
(h) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) The term ``logistic support, supplies, and services''
has the meaning given that term in section 2350(1) of title 10,
United States Code.
(i) Expiration.--The authority provided under this section may not
be exercised after September 30, 2013.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1221. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT FOR
COALITION FORCES SUPPORTING OPERATIONS IN IRAQ AND
AFGHANISTAN.
(a) Extension.--Section 1234 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 394), as
amended by section 1218 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4394), is further amended by striking ``fiscal year 2011'' each place
it appears and inserting ``fiscal year 2012''.
(b) Amount of Funds Available.--Subsection (d) of such section is
amended by striking ``$400,000,000'' and inserting ``$450,000,000''.
(c) Additional Limitation on Availability of Funds.--Of the funds
available for logistical support under such section during fiscal year
2012, not more than $200,000,000 may be obligated and expended until
the Secretary of Defense submits the report required by section 1234 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(124 Stat. 4397).
SEC. 1222. ONE-YEAR EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES
AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY
FORCES OF IRAQ AND AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2532), as amended by section 1214 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4391), is further amended by striking ``December 31,
2011'' and inserting ``December 31, 2012''.
(b) Quarterly Reports.--Subsection (f)(1) of such section, as so
amended, is further amended by striking ``and every 90 days thereafter
through March 31, 2012'' and inserting ``every 90 days thereafter
through March 31, 2012, and at the end of each calendar quarter, if
any, thereafter through March 31, 2013, in which the authority in
subsection (a) is implemented''.
SEC. 1223. ONE-YEAR EXTENSION OF AUTHORITIES APPLICABLE TO THE PAKISTAN
COUNTERINSURGENCY FUND.
(a) One-year Extension.--Subsection (h) of section 1224 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2521), as amended by section 1220(a) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4395), is further amended by striking
``September 30, 2011'' both places it appears and inserting ``September
30, 2012''.
(b) Clarification of Source of Funds for Fund.--Subsection
(a)(1)(A) of such section is amended by striking ``for fiscal year
2009''.
SEC. 1224. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392) is amended--
(1) in subsection (a), by striking ``fiscal year 2011'' and
inserting ``in each of fiscal years 2011 and 2012''; and
(2) in subsection (e), by striking ``December 31, 2011''
and inserting ``December 31, 2012''.
SEC. 1225. MODIFICATION OF AUTHORITY ON PROGRAM TO DEVELOP AND CARRY
OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
(a) Funding.--Subsection (f) of section 1217 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4393; 22 U.S.C. 7513 note) is amended--
(1) in paragraph (1), by inserting ``or 2012'' after
``fiscal year 2011''; and
(2) in paragraph (2), by striking ``until September 30,
2012.'' and inserting ``as follows:
``(A) In the case of funds for fiscal year 2011,
until September 30, 2012.
``(B) In the case of funds for fiscal year 2012,
until September 30, 2013.''.
(b) Notice to Congress.--Subsection (g) of such section is amended
by striking ``30 days'' and inserting ``15 days''.
SEC. 1226. ONE-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension.--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) and section 1213 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 12 Stat.
4391), is further amended by striking ``by section 1510 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011'' and
inserting ``for fiscal year 2012 for overseas contingency operations''.
(b) Limitation on Amount Available.--Subsection (d)(1) of such
section, as so amended, is further amended--
(1) by striking ``fiscal year 2010 or 2011'' and inserting
``fiscal year 2012''; and
(2) by striking ``$1,600,000,000'' and inserting
``$1,750,000,000''.
(c) Technical Amendment.--Subsection (c)(2) of such section, as so
amended, is further amended by inserting a comma after ``Budget''.
(d) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat.
393), as most recently amended by section 1213(d) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011, is further
amended by striking ``September 30, 2012'' and inserting ``September
30, 2013''.
SEC. 1227. TWO-YEAR EXTENSION OF CERTAIN REPORTS ON AFGHANISTAN.
(a) Report on Progress Toward Security and Stability in
Afghanistan.--Section 1230(a) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most
recently amended by section 1231 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4395), is further amended by striking ``2012'' and inserting ``2014''.
(b) Report on United States Plan for Sustaining Afghanistan
National Security Forces.--Section 1231(a) of the National Defense
Authorization Act for Fiscal Year 2008 (122 Stat. 390), as amended by
section 1232 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (124 Stat. 4395), is further amended by striking
``2012'' and inserting ``2014''.
SEC. 1228. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE
OF SECURITY COOPERATION IN IRAQ.
(a) Authority.--The Secretary of Defense may support United States
Government transition activities in Iraq by providing funds for the
following:
(1) Operations and activities of the Office of Security
Cooperation in Iraq.
(2) Operations and activities of security assistance teams
in Iraq.
(b) Types of Support.--The operations and activities for which the
Secretary may provide funds under the authority in subsection (a) may
include life support, transportation and personal security, and minor
construction and renovation of facilities.
(c) Limitation on Amount.--The total amount of funds provided under
the authority in subsection (a) in fiscal year 2012 may not exceed
$524,000,000.
(d) Source of Funds.--Funds for purposes of subsection (a) for
fiscal year 2012 shall be derived from amounts available for that
fiscal year for operation and maintenance for the Air Force.
(e) Coverage of Costs of OSCI in Connection With Sales of Defense
Articles or Defense Services to Iraq.--The President shall ensure that
any letter of offer for the sale to Iraq of any defense articles or
defense services issued after the date of the enactment of this Act
includes, consistent with the provisions of the Arms Export Control Act
(22 U.S.C. 2751 et seq.), charges for administrative services
sufficient to recover the pro rata costs of operations and activities
of the Office of Security Cooperation in Iraq and associated security
assistance teams in Iraq in connection with such sale.
SEC. 1229. BENCHMARKS TO EVALUATE THE PROGRESS BEING MADE TOWARD THE
TRANSITION OF SECURITY RESPONSIBILITIES FOR AFGHANISTAN
TO THE GOVERNMENT OF AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) October 7, 2011, will mark the 10-year anniversary of
the start of Operation Enduring Freedom in Afghanistan.
(2) Military operations in Afghanistan have cost United
States taxpayers more than $300,000,000,000 to date.
(3) As of June 6, 2011, 1,599 members of the United States
Armed Forces have lost their lives in support of Operation
Enduring Freedom in Afghanistan and more than 11,000 have been
wounded.
(4) On December 1, 2009, at a speech at the United States
Military Academy at West Point, New York, President Barack
Obama stated that the United States would begin the transfer of
United States Armed Forces out of Afghanistan in July 2011 with
the pace of reductions to be based upon conditions on the
ground.
(5) In the December 2010 Afghanistan-Pakistan Annual
Review, President Obama reaffirmed that the core goal of the
United States strategy in Afghanistan is to disrupt, dismantle,
and defeat al Qaeda.
(6) In January 2010, participants at the London Conference
pledged to develop a plan for phased transition to Afghan
security lead. The North Atlantic Treaty Organization (NATO)
and foreign ministers of the constituent elements of the
International Security Assistance Force (ISAF) endorsed the
Joint Framework for Transition in April 2010, and President
Obama and President Karzai of Afghanistan committed to the
process in a May 2010 joint statement.
(7) At the Kabul Conference in July 2010, the international
community expressed its support for the objective of President
Karzai that the Afghanistan National Security Forces (ANSF)
should lead and conduct all military operations in all
provinces in Afghanistan by the end of 2014, support that was
later re-affirmed by North Atlantic Treaty Organization and
International Security Assistance Force member nations at the
Lisbon Summit in November 2010.
(8) On May 1, 2011, in support of the goal to disrupt,
dismantle, and defeat al Qaeda, President Obama authorized a
United States operation that killed Osama bin Laden, leader of
al Qaeda. While the impact of his death on al Qaeda remains to
be seen, Secretary of Defense Robert Gates called the death of
bin Laden a ``game changer'' in a speech on May 6, 2011.
(b) Benchmarks Required.--The President shall establish, and may
update from time to time, a comprehensive set of benchmarks to evaluate
progress being made toward the objective of transitioning and
transferring lead security responsibilities in Afghanistan to the
Government of Afghanistan by December 31, 2014.
(c) Transition Plan.--The President shall devise a plan based on
inputs from military commanders, NATO and Coalition allies, the
diplomatic missions in the region, and appropriate members of the
Cabinet, along with the consultation of Congress, for expediting the
drawdown of United States combat troops in Afghanistan and accelerating
the transfer of security authority to Afghan authorities.
(d) Submittal to Congress.--The President shall include the most
current set of benchmarks established pursuant to subsection (b) and
the plan pursuant to subsection (c) with each report on progress toward
security and stability in Afghanistan that is submitted to Congress
under sections 1230 and 1231 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385, 390).
SEC. 1230. CERTIFICATION REQUIREMENT REGARDING EFFORTS BY GOVERNMENT OF
PAKISTAN TO IMPLEMENT A STRATEGY TO COUNTER IMPROVISED
EXPLOSIVE DEVICES.
(a) Certification Requirement.--
(1) In general.--None of the amounts authorized to be
appropriated under this Act for the Pakistan Counterinsurgency
Fund or transferred to the Pakistan Counterinsurgency Fund from
the Pakistan Counterinsurgency Capability Fund should be made
available for the Government of Pakistan until the Secretary of
Defense, in consultation with the Secretary of State, certifies
to the congressional defense committees and the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that the Government of
Pakistan is demonstrating a continuing commitment to and is
making significant efforts towards the implementation of a
strategy to counter improvised explosive devices (IEDs).
(2) Significant implementation efforts.--For purposes of
this subsection, significant implementation efforts include
attacking IED networks, monitoring of known precursors used in
IEDs, and the development of a strict protocol for the
manufacture of explosive materials, including calcium ammonium
nitrate, and accessories and their supply to legitimate end
users.
(b) Waiver.--The Secretary of Defense, in consultation with the
Secretary of State, may waive the requirements of subsection (a) if the
Secretary determines it is in the national security interest of the
United States to do so.
SEC. 1231. REPORT ON COALITION SUPPORT FUND REIMBURSEMENTS TO THE
GOVERNMENT OF PAKISTAN FOR OPERATIONS CONDUCTED IN
SUPPORT OF OPERATION ENDURING FREEDOM.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to the congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives assessing the effectiveness of the Coalition
Support Fund reimbursements to the Government of Pakistan for
operations conducted in support of Operation Enduring Freedom.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the types of reimbursements requested
by the Government of Pakistan.
(2) The total amount reimbursed to the Government of
Pakistan since the beginning of Operation Enduring Freedom, in
the aggregate and by fiscal year.
(3) The percentage and types of reimbursement requests made
by the Government of Pakistan for which the United States
Government has deferred or not provided payment.
(4) An assessment of the effectiveness of Coalition Support
Fund reimbursements in supporting operations conducted by the
Government of Pakistan in support of Operation Enduring Freedom
and of the impact of those operations in containing the ability
of terrorist organizations to threaten the stability of
Afghanistan and Pakistan and to impede the operations of the
United States in Afghanistan.
(5) Recommendations, if any, relative to potential
alternatives to or termination of reimbursements from the
Coalition Support Fund to the Government of Pakistan taking
into account the transition plan for Afghanistan.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
Subtitle C--Reports and Other Matters
SEC. 1241. REPORT ON PROGRESS OF THE AFRICAN UNION IN OPERATIONALIZING
THE AFRICAN STANDBY FORCE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Policy shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the progress of the African Union in
operationalizing the African Standby Force.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the existing personnel strengths and
capabilities of each of the five regional brigades of the
African Standby Force and their brigade-level headquarters.
(2) An assessment of the specific capacity-building needs
of the African Standby Force, including with respect to supply
management, information management, strategic planning, and
other critical components.
(3) A description of the functionality of the supply depots
of each brigade referred to in paragraph (1), and current
information on existing stocks of each such brigade.
(4) An assessment of the capacity of the African Union to
manage the African Standby Force.
(5) An assessment of inter-organizational coordination on
assistance to the African Union and the African Standby Force
between multilateral donors, including the United Nations, the
European Union, and the North Atlantic Treaty Organization.
(6) An assessment of the capacity of the African Union to
absorb additional international assistance toward the
development of a fully functional African Standby Force.
SEC. 1242. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE
NATIONAL GUARD STATE PARTNERSHIP PROGRAM.
(a) Report Required.--Not later than March 31, 2012, 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 on the National Guard State
Partnership Program.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A summary of the sources of funds for the State
Partnership Program over the last five years.
(2) An analysis of the types and frequency of activities
performed by participants in the State Partnership Program.
(3) A description of the objectives of the State
Partnership Program and the manner in which objectives under
the program are established and coordinated with the Office of
the Secretary of Defense, the geographic combatant commands,
United States Country Teams, and other departments and agencies
of the United States Government.
(4) A description of the manner in which the Department of
Defense selects and designates particular State and foreign
country partnerships under the State Partnership Program.
(5) A description of the manner in which the Department
measures the effectiveness of the activities under the State
Partnership Program in meeting the objectives of the program.
(6) An assessment by the Comptroller General of the United
States of the effectiveness of the activities under the State
Partnership Program in meeting the objectives of the program.
SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYSTEMS ORIGINATING FROM LIBYA.
(a) Statement of Policy.--Pursuant to section 11 of the Department
of State Authorities Act of 2006 (22 U.S.C. 2349bb-6), the following is
the policy of the United States:
(1) To reduce and mitigate, to the greatest extent
feasible, the threat posed to United States citizens and
citizens of allies of the United States by man-portable air-
defense systems (MANPADS) that were in Libya as of March 19,
2011.
(2) To seek the cooperation of, and to assist, the
Government of Libya and governments of neighboring countries
and other countries (as determined by the President) to secure,
remove, or eliminate stocks of man-portable air-defense systems
described in paragraph (1) that pose a threat to United States
citizens and citizens of allies of the United States.
(3) To pursue, as a matter of priority, an agreement with
the Government of Libya and governments of neighboring
countries and other countries (as determined by the Secretary
of State) to formalize cooperation with the United States to
limit the availability, transfer, and proliferation of man-
portable air-defense systems described in paragraph (1).
(b) Intelligence Community Assessment on MANPADS in Libya.--
(1) In general.--The Director of National Intelligence
shall submit to the appropriate committees of Congress an
assessment by the intelligence community that accounts for the
disposition of, and the threat to United States citizens and
citizens of allies of the United States posed by man-portable
air-defense systems that were in Libya as of March 19, 2011.
The assessment shall be submitted as soon as practicable, but
not later than the end of the 45-day period beginning on the
date of the enactment of this Act.
(2) Elements.--The assessment submitted under this
subsection shall include the following:
(A) An estimate of the number of man-portable air-
defense systems that were in Libya as of March 19,
2011.
(B) An estimate of the number of man-portable air-
defense systems in Libya as of March 19, 2011, that are
currently in the secure custody of the Government of
Libya, the United States, an ally of the United States,
a member of the North Atlantic Treaty Organization
(NATO), or the United Nations.
(C) An estimate of the number of man-portable air-
defense systems in Libya as of March 19, 2011, that
were destroyed, disabled, or otherwise rendered
unusable during Operation Unified Protector and since
the end of Operation Unified Protector.
(D) An assessment of the number of man-portable
air-defense systems that is the difference between the
number of man-portable air-defense systems in Libya as
of March 19, 2011, and the cumulative number of man-
portable air-defense systems accounted for under
subparagraphs (B) and (C), and the current disposition
and locations of such man-portable air-defense systems.
(E) An assessment of the number of man-portable
air-defense systems that are currently in the custody
of militias in Libya.
(F) A list of any organizations designated as
terrorist organizations by the Department of State, or
affiliate organizations or members of such
organizations, that are known or believed to have
custody of any man-portable air-defense systems that
were in the custody of the Government of Libya as of
March 19, 2011.
(G) An assessment of the threat posed to United
States citizens and citizens of allies of the United
States from unsecured man-portable air-defense systems
(as defined in section 11 of the Department of State
Authorities Act of 2006) originating from Libya.
(H) An assessment of the effect of the
proliferation of man-portable air-defense systems that
were in Libya as of March 19, 2011, on the price and
availability of man-portable air-defense systems that
are on the global arms market.
(3) Notice regarding delay in submittal.--If, before the
end of the 45-day period specified in paragraph (1), the
Director determines that the assessment required by that
paragraph cannot be submitted by the end of that period as
required by that paragraph, the Director shall (before the end
of that period) submit to the appropriate committees of
Congress a report setting forth--
(A) the reasons why the assessment cannot be
submitted by the end of that period; and
(B) an estimated date for the submittal of the
assessment.
(c) Comprehensive Strategy on Threat of MANPADS Originating From
Libya.--
(1) Strategy required.--The President shall develop and
implement, and from time to time update, a comprehensive
strategy, pursuant to section 11 of the Department of State
Authorities Act of 2006, to reduce and mitigate the threat
posed to United States citizens and citizens of allies of the
United States from man-portable air-defense systems that were
in Libya as of March 19, 2011.
(2) Report required.--
(A) In general.--Not later than 45 days after the
assessment required by subsection (b) is submitted to
the appropriate committees of Congress, the President
shall submit to the appropriate committees of Congress
a report setting forth the strategy required by
paragraph (1).
(B) Elements.--The report required by this
paragraph shall include the following:
(i) An assessment of the effectiveness of
efforts undertaken to date by the United
States, Libya, Mauritania, Egypt, Algeria,
Tunisia, Mali, Morocco, Niger, Chad, the United
Nations, the North Atlantic Treaty
Organization, and any other country or entity
(as determined by the President) to reduce the
threat posed to United States citizens and
citizens of allies of the United States from
man-portable air-defense systems that were in
Libya as of March 19, 2011.
(ii) A timeline for future efforts by the
United States, Libya, and neighboring countries
to--
(I) secure, remove, or disable any
man-portable air-defense systems that
remain in Libya;
(II) counter proliferation of man-
portable air-defense systems
originating from Libya that are in the
region; and
(III) disrupt the ability of
terrorists, non-state actors, and state
sponsors of terrorism to acquire such
man-portable air-defense systems.
(iii) A description of any additional
funding required to address the threat of man-
portable air-defense systems originating from
Libya.
(iv) A description of technologies
currently available to reduce the
susceptibility and vulnerability of civilian
aircraft to man-portable air-defense systems,
including an assessment of the feasibility of
using aircraft-based anti-missile systems to
protect United States passenger jets.
(v) Recommendations for the most effective
policy measures that can be taken to reduce and
mitigate the threat posed to United States
citizens and citizens of allies of the United
States from man-portable air-defense systems
that were in Libya as of March 19, 2011.
(vi) Such recommendations for legislative
or administrative action as the President
considers appropriate to implement the strategy
required by paragraph (1).
(C) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may
include a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1244. DEFENSE COOPERATION WITH REPUBLIC OF GEORGIA.
(a) Plan for Normalization.--Not later than 90 days after the date
of the enactment of this Act, the President shall develop and submit to
the congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a plan for the normalization of United States
defense cooperation with the Republic of Georgia, including the sale of
defensive arms.
(b) Objectives.--The plan required under subsection (a) shall
address the following objectives:
(1) To establish a normalized defense cooperation
relationship between the United States and the Republic of
Georgia, taking into consideration the progress of the
Government of the Republic of Georgia on democratic and
economic reforms and the capacity of the Georgian armed forces.
(2) To support the Government of the Republic of Georgia in
providing for the defense of its government, people, and
sovereign territory, consistent with the continuing commitment
of the Government of the Republic of Georgia to its nonuse-of-
force pledge and consistent with Article 51 of the Charter of
the United Nations.
(3) To provide for the sale by the United States of defense
articles and services in support of the efforts of the
Government of the Republic of Georgia to provide for its own
self-defense consistent with paragraphs (1) and (2).
(4) To continue to enhance the ability of the Government of
the Republic of Georgia to participate in coalition operations
and meet NATO partnership goals.
(5) To encourage NATO member and candidate countries to
restore and enhance their sales of defensive articles and
services to the Republic of Georgia as part of a broader NATO
effort to deepen its defense relationship and cooperation with
the Republic of Georgia.
(6) To ensure maximum transparency in the United States-
Georgia defense relationship.
(c) Included Information.--The plan required under subsection (a)
shall include the following information:
(1) A needs-based assessment, or an update to an existing
needs-based assessment, of the defense requirements of the
Republic of Georgia, which shall be prepared by the Department
of Defense.
(2) A description of each of the requests by the Government
of the Republic of Georgia for purchase of defense articles and
services during the two-year period ending on the date of the
report.
(3) A summary of the defense needs asserted by the
Government of the Republic of Georgia as justification for its
requests for defensive arms purchases.
(4) A description of the action taken on any defensive arms
sale request by the Government of the Republic of Georgia and
an explanation for such action.
(d) Form.--The plan required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE FINANCIAL SECTOR
OF IRAN.
(a) Findings.--Congress makes the following findings:
(1) On November 21, 2011, the Secretary of the Treasury
issued a finding under section 5318A of title 31, United States
Code, that identified Iran as a jurisdiction of primary money
laundering concern.
(2) In that finding, the Financial Crimes Enforcement
Network of the Department of the Treasury wrote, ``The Central
Bank of Iran, which regulates Iranian banks, has assisted
designated Iranian banks by transferring billions of dollars to
these banks in 2011. In mid-2011, the CBI transferred several
billion dollars to designated banks, including Saderat, Mellat,
EDBI and Melli, through a variety of payment schemes. In making
these transfers, the CBI attempted to evade sanctions by
minimizing the direct involvement of large international banks
with both CBI and designated Iranian banks.''.
(3) On November 22, 2011, the Under Secretary of the
Treasury for Terrorism and Financial Intelligence, David Cohen,
wrote, ``Treasury is calling out the entire Iranian banking
sector, including the Central Bank of Iran, as posing terrorist
financing, proliferation financing, and money laundering risks
for the global financial system.''.
(b) Designation of Financial Sector of Iran as of Primary Money
Laundering Concern.--The financial sector of Iran, including the
Central Bank of Iran, is designated as of primary money laundering
concern for purposes of section 5318A of title 31, United States Code,
because of the threat to government and financial institutions
resulting from the illicit activities of the Government of Iran,
including its pursuit of nuclear weapons, support for international
terrorism, and efforts to deceive responsible financial institutions
and evade sanctions.
(c) Freezing of Assets of Iranian Financial Institutions.--The
President shall, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all
transactions in all property and interests in property of an Iranian
financial institution if such property and interests in property are in
the United States, come within the United States, or are or come within
the possession or control of a United States person.
(d) Imposition of Sanctions With Respect to the Central Bank of
Iran and Other Iranian Financial Institutions.--
(1) In general.--Except as specifically provided in this
subsection, beginning on the date that is 60 days after the
date of the enactment of this Act, the President--
(A) shall prohibit the opening or maintaining in
the United States of a correspondent account or a
payable-through account by a foreign financial
institution that the President determines has knowingly
conducted or facilitated any significant financial
transaction with the Central Bank of Iran or another
Iranian financial institution designated by the
Secretary of the Treasury for the imposition of
sanctions pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.); and
(B) may impose sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) with respect to the Central Bank of Iran.
(2) Exception for sales of food, medicine, and medical
devices.--The President may not impose sanctions under
paragraph (1) with respect to any person for conducting or
facilitating a transaction for the sale of food, medicine, or
medical devices to Iran.
(3) Applicability of sanctions with respect to foreign
central banks.--Except as provided in paragraph (4), sanctions
imposed under paragraph (1)(A) shall apply with respect to a
foreign financial institution owned or controlled by the
government of a foreign country, including a central bank of a
foreign country, only insofar as it engages in a financial
transaction for the sale or purchase of petroleum or petroleum
products to or from Iran conducted or facilitated on or after
that date that is 180 days after the date of the enactment of
this Act.
(4) Applicability of sanctions with respect to petroleum
transactions.--
(A) Report required.--Not later than 60 days after
the date of the enactment of this Act, and every 60
days thereafter, the Administrator of the Energy
Information Administration, in consultation with the
Secretary of the Treasury, shall submit to Congress a
report on the availability and price of petroleum and
petroleum products produced in countries other than
Iran in the 60-day period preceding the submission of
the report.
(B) Determination required.--Not later than 90 days
after the date of the enactment of the Act, and every
180 days thereafter, the President shall make a
determination, based on the reports required by
subparagraph (A), of whether the price and supply of
petroleum and petroleum products produced in countries
other than Iran is sufficient to permit purchasers of
petroleum and petroleum products from Iran to reduce
significantly in volume their purchases from Iran.
(C) Application of sanctions.--Except as provided
in subparagraph (D), sanctions imposed under paragraph
(1)(A) shall apply with respect to a financial
transaction conducted or facilitated by a foreign
financial institution on or after the date that is 180
days after the date of the enactment of this Act for
the purchase of petroleum or petroleum products from
Iran if the President determines pursuant to
subparagraph (B) that there is a sufficient supply of
petroleum and petroleum products from countries other
than Iran to permit a significant reduction in the
volume of petroleum and petroleum products purchased
from Iran by or through foreign financial institutions.
(D) Exception.--Sanctions imposed pursuant to
paragraph (1) shall not apply with respect to a foreign
financial institution if the President determines and
reports to Congress, not later than 90 days after the
date on which the President makes the determination
required by subparagraph (B), and every 180 days
thereafter, that the country with primary jurisdiction
over the foreign financial institution has
significantly reduced its volume of crude oil purchases
from Iran during the period beginning on the date on
which the President submitted the last report with
respect to the country under this subparagraph.
(5) Waiver.--The President may waive the imposition of
sanctions under paragraph (1) for a period of not more than 120
days, and may renew that waiver for additional periods of not
more than 120 days, if the President--
(A) determines that such a waiver is vital to the
national security of the United States; and
(B) submits to Congress a report--
(i) providing a justification for the
waiver; and
(ii) that includes any concrete cooperation
the President has received or expects to
receive as a result of the waiver.
(e) Multilateral Diplomacy Initiative.--
(1) In general.--The President shall--
(A) carry out an initiative of multilateral
diplomacy to persuade countries purchasing oil from
Iran--
(i) to limit the use by Iran of revenue
from purchases of oil to purchases of non-
luxury consumers goods from the country
purchasing the oil; and
(ii) to prohibit purchases by Iran of--
(I) military or dual-use
technology, including items--
(aa) in the Annex to the to
the Missile Technology Control
Regime Guidelines;
(bb) in the Annex on
Chemicals to the Convention on
the Prohibition of the
Development, Production,
Stockpiling and Use of Chemical
Weapons and on their
Destruction, done at Paris
January 13, 1993, and entered
into force April 29, 1997
(commonly known as the
``Chemical Weapons
Convention'');
(cc) in Part 1 or 2 of the
Nuclear Suppliers Group
Guidelines; or
(dd) on a control list of
the Wassenaar Arrangement on
Export Controls for
Conventional Arms and Dual-Use
Goods and Technologies; or
(II) any other item that could
contribute to Iran's conventional,
nuclear, chemical or biological weapons
program; and
(B) conduct outreach to petroleum-producing
countries to encourage those countries to increase
their output of crude oil to ensure there is a
sufficient supply of crude oil from countries other
than Iran and to minimize any impact on the price of
oil resulting from the imposition of sanctions under
this section.
(2) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to Congress a report on
the efforts of the President to carry out the initiative
described in paragraph (1)(A) and conduct the outreach
described in paragraph (1)(B) and the results of those efforts.
(f) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form, but may contain a classified
annex.
(g) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(i)).
(3) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen or resident
of the United States or a national of the United States
(as defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)); and
(B) an entity that is organized under the laws of
the United States or jurisdiction within the United
States.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction 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.
2632 note).
(b) Fiscal Year 2012 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2012 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in section 4301 for Cooperative Threat Reduction
programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in section 4301 for Cooperative Threat Reduction
programs shall be available for obligation for fiscal years 2012, 2013,
and 2014.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $508,219,000 authorized
to be appropriated to the Department of Defense for fiscal year 2012 in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $63,221,000.
(2) For chemical weapons destruction, $9,804,000.
(3) For global nuclear security, $121,143,000.
(4) For cooperative biological engagement, $259,470,000.
(5) For proliferation prevention, $28,080,000.
(6) For threat reduction engagement, $2,500,000.
(7) For other assessments/administrative support,
$24,001,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2012 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (7) 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
expenditure of fiscal year 2012 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure 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 determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2012 for a purpose listed
in paragraphs (1) through (7) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (7) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
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.
SEC. 1303. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET
UNION.
Not more than $500,000 of the fiscal year 2012 Cooperative Threat
Reduction funds may be obligated or expended to establish a center of
excellence in a country that is not a state of the former Soviet Union
until the date that is 15 days after the date on which the Secretary of
Defense submits to the congressional defense committees a report that
includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
(B) the percentage of the total cost of
establishing and operating the center the funds
described in subparagraph (A) will cover.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4401.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the National Defense Sealift Fund, as specified in the funding
table in section 4401.
SEC. 1403. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4401.
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2012
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4401.
(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 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. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4401.
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4401.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2012, the
National Defense Stockpile Manager may obligate up to $50,107,320 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical 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 Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification 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 provided in appropriations Acts.
SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
Section 3402(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as most
recently amended by section 1412 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4412), is further amended by striking ``$730,000,000 by the end of
fiscal year 2013'' in paragraph (5) and inserting ``$830,000,000 by the
end of fiscal year 2016''.
Subtitle C--Armed Forces Retirement Home
PART I--AUTHORIZATION OF APPROPRIATIONS
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated for fiscal year 2012
from the Armed Forces Retirement Home Trust Fund the sum of $67,700,000
for the operation of the Armed Forces Retirement Home.
PART II--ARMED FORCES RETIREMENT HOME AUTHORITIES
SEC. 1422. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF 1991.
Except as otherwise expressly provided, whenever in this part an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Armed
Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24
U.S.C. 401 et seq.).
SEC. 1423. ANNUAL VALIDATION OF MULTIYEAR ACCREDITATION.
(a) In General.--Section 1511(g) (24 U.S.C. 411(g)) is amended--
(1) by inserting ``(1)'' before ``The Chief Operating
Officer shall''; and
(2) by adding at the end the following new paragraph:
``(2)(A) If the Chief Operating Officer secures accreditation for a
facility of the Retirement Home (or for any aspect of a facility of the
Retirement Home) that is effective for a period of more than one year,
for each year after the first year for which such accreditation is in
effect, the Chief Operating Officer shall seek to obtain, from the
organization that awarded the accreditation, a validation of the
accreditation. The requirement in the preceding sentence shall not
apply with respect to a facility of the Retirement Home for any year
for which the Inspector General of the Department of Defense conducts
an inspection of that facility under section 1518(b).
``(B) In carrying out subparagraph (A) with respect to validation
of an accreditation, the Chief Operating Officer may substitute another
nationally recognized civilian accrediting organization if the
organization that awarded the accreditation is not available.''.
(b) Conforming Amendment.--The heading of such section is amended
by inserting ``and Annual Validation'' after ``Accreditation''.
SEC. 1424. CLARIFICATION OF DUTIES OF SENIOR MEDICAL ADVISOR.
Section 1513A(c) (24 U.S.C. 413a(c)) is amended--
(1) in paragraph (3)--
(A) by striking ``and inspect'' after
``Periodically visit''; and
(B) by inserting before the period the following:
``and review medical reports, inspections, and records
audits to make sure appropriate follow-up has been
made''; and
(2) by striking paragraphs (4) and (5).
SEC. 1425. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES FOR EACH FACILITY
WITH SINGLE ADVISORY COUNCIL.
(a) Establishment of AFRH Advisory Council.--Section 1516 (24
U.S.C. 416) is amended to read as follows:
``SEC. 1516. ADVISORY COUNCIL.
``(a) Establishment.--The Retirement Home shall have an Advisory
Council, to be known as the `Armed Forces Retirement Home Advisory
Council'. The Advisory Council shall serve the interests of both
facilities of the Retirement Home.
``(b) Composition; Terms of Service.--(1) The Advisory Council
shall consist of at least 11 members, each of whom shall be a full or
part-time Federal employee and at least one of whom shall be from the
Department of Veterans Affairs. Members of the Advisory Council shall
be designated by the Secretary of Defense, except that a member who is
an employee of a department or agency outside of the Department of
Defense shall be designated by the head of such department or agency in
consultation with the Secretary of Defense.
``(2)(A) Except as provided in subparagraphs (B) and (C), the term
of service of a member of the Advisory Council shall be two years. A
member may be designated to serve one additional term.
``(B) Unless earlier terminated by the Secretary of Defense, a
person may continue to serve as a member of the Advisory Council after
the expiration of the member's term until a successor is designated.
``(C) The Secretary of Defense may terminate the appointment of a
member of the Advisory Council before the expiration of the member's
term for any reason that the Secretary determines appropriate.
``(3) The Secretary of Defense shall designate one member of the
Advisory Council to serve as the chair of the Advisory Council.
``(c) Duties.--(1) The Advisory Council shall provide to the Chief
Operating Officer and the Administrator of each facility such
observations, advice, and recommendations regarding the Retirement Home
as the Advisory Council considers appropriate.
``(2) Not less often than annually, the Advisory Council shall
submit to the Secretary of Defense a report summarizing its activities
during the preceding year and providing such observations and
recommendations with respect to the Retirement Home as the Advisory
Council considers appropriate.
``(3) In carrying out its duties, the Advisory Council shall
provide for participation in its activities by a representative of the
resident advisory committee of each facility of the Retirement Home.''.
(b) Conforming Amendments.--
(1) Definition.--Paragraph (2) of section 1502 (24 U.S.C.
401) is amended to read as follows:
``(2) The term `Advisory Council' means the Armed Forces
Retirement Home Advisory Council established by section
1516.''.
(2) Responsibilities and duties of senior medical
advisor.--Section 1513A(b) (24 U.S.C. 413a(b)) is amended--
(A) in paragraph (1), by striking ``and the Chief
Operating Officer'' and inserting ``, the Chief
Operating Officer, and the Advisory Council''; and
(B) in paragraph (2), by striking ``to the Local
Board'' and all that follows and inserting ``to the
Advisory Council regarding all medical and medical
administrative matters of each facility of the
Retirement Home.''.
(3) Responsibilities of chief operating officer.--Section
1515(c)(2) (24 U.S.C. 415(c)(2)) is amended by striking ``,
including the Local Boards of those facilities''.
(4) Inspection of retirement home.--Section 1518 (24 U.S.C.
418) is amended by striking ``Local Board for the facility''
each place it appears and inserting ``Advisory Council''.
SEC. 1426. ADMINISTRATORS AND OMBUDSMEN OF FACILITIES.
(a) Leadership of Facilities of the Retirement Home.--Section 1517
(24 U.S.C. 417) is amended--
(1) in subsection (a), by striking ``a Director, a Deputy
Director, and an Associate Director'' and inserting ``an
Administrator and an Ombudsman'';
(2) in subsections (b) and (c), by striking ``Director''
each place it appears and inserting ``Administrator'';
(3) by striking subsections (d) and (e) and redesignating
subsections (f), (g), (h), and (i) as subsections (d), (e),
(f), and (g), respectively;
(4) in subsection (d), as so redesignated, by striking
``Associate Director'' each place it appears and inserting
``Ombudsman'';
(5) in subsection (e), as so redesignated--
(A) by striking ``Associate Director'' and
inserting ``Ombudsman'';
(B) by striking ``Director and Deputy Director''
and inserting ``Administrator''; and
(C) by striking ``Director may'' and inserting
``Administrator may'';
(6) in subsection (f), as so redesignated, by striking
``Director'' each place it appears and inserting
``Administrator''; and
(7) in subsection (g), as so redesignated--
(A) in paragraph (1), by striking ``Directors'' and
inserting ``Administrators''; and
(B) in paragraph (2), by striking ``a Director''
and inserting ``an Administrator''.
(b) Clerical Amendments.--Such section is further amended--
(1) in the headings of subsections (b) and (c), by striking
``Director'' and inserting ``Administrator'';
(2) in the headings of subsection (d) and (e), as
redesignated by subsection (a)(3), by striking ``Associate
Director'' and inserting ``Ombudsman''; and
(3) in the heading of subsection (g), as so redesignated,
by striking ``Directors'' and inserting ``Administrators''.
(c) Conforming Amendments.--
(1) The following provisions are amended by striking
``Director'' each place it appears and inserting
``Administrator'': sections 1511(d)(2), 1512(c), 1514(a),
1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) (24
U.S.C. 411(d)(2), 412(c), 414(a), 418(c), 418(d)(2), 420, 422,
423(b)).
(2) Sections 1514(b) and 1520(c) (24 U.S.C. 414(b), 420(c))
are amended by striking ``Directors'' and inserting
``Administrators''.
SEC. 1427. INSPECTION REQUIREMENTS.
Section 1518 (24 U.S.C. 418) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``In any year in which a
facility of the Retirement Home is not
inspected by a nationally recognized civilian
accrediting organization,'' and inserting ``Not
less often than every three years,'';
(ii) by striking ``of that facility'' and
inserting ``of each facility of the Retirement
Home'';
(iii) by inserting ``long-term care,''
after ``assisted living,''; and
(iv) by striking ``or council''; and
(B) in paragraph (3), by striking ``or council'';
(2) in subsection (c)--
(A) by striking paragraph (2);
(B) by designating the second sentence as a new
paragraph (2) and indenting such paragraph, as so
designated, two ems from the left margin; and
(C) in such paragraph (2), as so designated--
(i) by striking ``45 days'' and inserting
``90 days''; and
(ii) by adding at the end the following new
sentence: ``The report shall include the plan
of the Chief Operating Officer to address the
recommendations and other matters set forth in
the report.''; and
(3) in subsection (e)(1)--
(A) by striking ``45 days'' and inserting ``60
days'';
(B) by striking ``Director of the facility
concerned'' and inserting ``Chief Operating Officer'';
and
(C) by striking ``, the Chief Operating Officer,''
after ``Secretary of Defense''.
SEC. 1428. REPEAL OF OBSOLETE PROVISIONS.
Part B, relating to transitional provisions for the Armed Forces
Retirement Home Board and the Directors and Deputy Directors of the
facilities of the Armed Forces Retirement Home, is repealed.
SEC. 1429. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Correction of Obsolete References to Retirement Home Board.--
(1) Armed forces retirement home act.--Section 1519(a)(2)
(24 U.S.C. 419(a)(2)) is amended by striking ``Retirement Home
Board'' and inserting ``Chief Operating Officer''.
(2) Title 10, usc.--Section 2772(b) of title 10, United
States Code, is amended by striking ``Armed Forces Retirement
Home Board'' and inserting ``Chief Operating Officer of the
Armed Forces Retirement Home''.
(b) Section Headings.--
(1) Section 1501.--The heading of section 1501 is amended
to read as follows:
``SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.''.
(2) Section 1513.--The heading of section 1513 is amended
to read as follows:
``SEC. 1513. SERVICES PROVIDED TO RESIDENTS.''.
(3) Section 1513a.--The heading of section 1513A is amended
to read as follows:
``SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.''.
(4) Section 1517.--The heading of section 1517 is amended
to read as follows:
``SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.''.
(5) Section 1518.--The heading of section 1518 is amended
to read as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES BY
DEPARTMENT OF DEFENSE INSPECTOR GENERAL AND OUTSIDE
INSPECTORS.''.
(6) Punctuation.--The headings of sections 1512 and 1520
are each amended by adding a period at the end.
(c) Part A Header.--The heading for part A is repealed.
(d) Table of Contents.--The table of contents in section 1501(b) is
amended--
(1) by striking the item relating to the heading for part
A;
(2) by striking the items relating to sections 1513 and
1513A and inserting the following new items:
``Sec. 1513. Services provided to residents.
``Sec. 1513A. Oversight of health care provided to residents.'';
(3) by striking the items relating to sections 1516, 1517,
and 1518 and inserting the following new items:
``Sec. 1516. Advisory Council.
``Sec. 1517. Administrators, Ombudsmen, and staff of facilities.
``Sec. 1518. Periodic inspection of Retirement Home facilities by
Department of Defense Inspector General and
outside inspectors.''; and
(4) by striking the items relating to part B (including the
items relating to sections 1531, 1532, and 1533).
Subtitle D--Other Matters
SEC. 1431. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Funds authorized to be
appropriated by section 1403 and available for Defense Health Program
for operation and maintenance as specified in the funding table in
section 4401 may be transferred by the Secretary of Defense to the
Joint Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund established by subsection (a)(1) of section
1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2571). For purposes of subsection (a)(2)
of such section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated for the Department of Defense
specifically for such transfer.
(b) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement pursuant to section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 455).
TITLE XV--AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2012 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2012
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the Department of Defense for military personnel in the amount of
$10,228,566,000.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4402.
SEC. 1507. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4402.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4402.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4402.
Subtitle B--Financial Matters
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 Department of Defense in this title for fiscal
year 2012 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations 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 authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Other Matters
SEC. 1531. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR TASK
FORCE FOR BUSINESS AND STABILITY OPERATIONS IN
AFGHANISTAN.
(a) Enhancement of Authority.--Subsection (a) of section 1535 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4426) is amended--
(1) in paragraph (3), by striking ``may include projects''
and all that follows and inserting ``may include projects that
facilitate private investment, mining sector development,
industrial development, and other projects determined by the
Secretary of Defense, with the concurrence of the Secretary of
State, as strengthening stability or providing strategic
support to the counterinsurgency campaign in Afghanistan.'';
(2) in paragraph (4), by striking ``The'' and inserting
``During each of fiscal years 2011 and 2012, the'';
(3) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(4) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Availability of funds for activities across fiscal
years.--Amounts available to carry out the authority in
paragraph (1) shall be available for projects under that
authority that begin in a fiscal year and end in the following
fiscal year.''.
(b) One-year Extension of Authority.--Paragraph (8) of such
subsection, as redesignated by subsection (a)(3) of this section, is
further amended to read as follows:
``(8) Expiration of authority.--A project may not be
commenced under the authority in paragraph (1) after September
30, 2012.''.
(c) Annual Reports.--Paragraph (7) of such subsection, as so
redesignated, is further amended--
(1) in the matter preceding subparagraph (A), by striking
``, 2011'' and inserting ``of each year following a fiscal year
in which the authority in paragraph (1) is exercised''; and
(2) in subparagraph (A), by striking ``during fiscal year
2011'' and inserting ``during that fiscal year''.
(d) Authority for Additional Representatives on Task Force.--Such
section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Additional Members.--The members of the Task Force for
Business and Stability Operations in Afghanistan may include the
following:
``(1) A representative of the Department of State,
designated by the Secretary of State.
``(2) A representative of the United States Agency for
International Development, designated by the Administrator of
the United States Agency for International Development.''.
SEC. 1532. MODIFICATION OF AVAILABILITY OF FUNDS IN AFGHANISTAN
SECURITY FORCES FUND.
(a) Limitations.--Funds available to the Department of Defense for
the Afghanistan Security Forces Fund for fiscal year 2012 shall be
subject to the conditions contained 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), as amended by section 1531(b)
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4424).
(b) Availability for Literacy Instruction and Training.--Assistance
provided utilizing funds in the Afghanistan Security Forces Fund may
include literacy instruction and training to build the logistical,
management, and administrative capacity of military and civilian
personnel of the Ministry of Defense and Ministry of Interior,
including through instruction at training facilities of the North
Atlantic Treaty Organization Training Mission in Afghanistan.
SEC. 1533. LIMITATION ON AVAILABILITY OF FUNDS FOR TRANS REGIONAL WEB
INITIATIVE.
None of the amounts authorized to be appropriated by this Act may
be obligated or expended on any program under the Trans Regional Web
Initiative of the Department of Defense, or any similar initiative,
until the Secretary of Defense certifies, in writing, to the Committees
on Armed Services of the Senate and the House of Representatives that
such program--
(1) appropriately defines its target audience;
(2) is determined to be the most effective method to reach
such target audience;
(3) is the most cost-effective means of reaching such
target audience; and
(4) includes measurement mechanisms to ensure such target
audience is being reached.
SEC. 1534. REPORT ON LESSONS LEARNED FROM DEPARTMENT OF DEFENSE
PARTICIPATION ON INTERAGENCY TEAMS FOR COUNTERTERRORISM
OPERATIONS IN AFGHANISTAN AND IRAQ.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the lessons learned from
Department of Defense participation on interagency teams for
counterterrorism operations on Afghanistan and Iraq.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the value of interagency teams in
counterterrorism operations.
(2) A description of the best practices of such interagency
teams.
(3) A description of efforts to codify the best practices
of interagency teams described under paragraph (2) in military
doctrine.
(4) An assessment whether the lessons learned through
Department of Defense participation on such interagency teams
is applicable to other interagency teams in which Department
personnel participate.
(5) An assessment of the feasibility and advisability of
adding a skill identifier to track Department civilian and
military personnel who have successfully supported,
participated on, or led an interagency team.
(6) A description of the additional authorities, if any,
needed to permit Department personnel to more effectively
support, participate on, or lead an interagency team.
TITLE XVI--NATIONAL GUARD EMPOWERMENT
SEC. 1601. SHORT TITLE.
This title may be cited as the ``National Guard Empowerment and
State-National Defense Integration Act of 2011''.
SEC. 1602. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL
GUARD BUREAU AND TERMINATION OF POSITION OF DIRECTOR OF
THE JOINT STAFF OF THE NATIONAL GUARD BUREAU.
(a) Reestablishment and Termination of Positions.--Section 10505 of
title 10, United States Code, is amended to read as follows:
``Sec. 10505. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the National Guard
Bureau, selected by the Secretary of Defense from officers of the Army
National Guard of the United States or the Air National Guard of the
United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
service in an active status in the National Guard; and
``(C) are in a grade above the grade of brigadier general.
``(2) The Chief and Vice Chief of the National Guard Bureau may not
both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves for a term
of four years, but may be removed from office at any time for cause.
``(B) The term of the Vice Chief of the National Guard Bureau shall
end within a reasonable time (as determined by the Secretary of
Defense) following the appointment of a Chief of the National Guard
Bureau who is a member of the same armed force as the Vice Chief.
``(b) Duties.--The Vice Chief of the National Guard Bureau performs
such duties as may be prescribed by the Chief of the National Guard
Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau shall be
appointed to serve in the grade of lieutenant general.
``(d) Functions as Acting Chief.--When there is a vacancy in the
office of the Chief of the National Guard Bureau or in the absence or
disability of the Chief, the Vice Chief of the National Guard Bureau
acts as Chief and performs the duties of the Chief until a successor is
appointed or the absence of disability ceases.''.
(b) Conforming Amendments.--
(1) Section 10502 of such title is amended by striking
subsection (e).
(2) Section 10506(a)(1) of such title is amended by
striking ``and the Director of the Joint Staff of the National
Guard Bureau'' and inserting ``and the Vice Chief of the
National Guard Bureau''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of section 10502 of
such title is amended to read as follows:
``Sec. 10502. Chief of the National Guard Bureau: appointment; advisor
on National Guard matters; grade''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1011 of such title is amended--
(A) by striking the item relating to section 10502
and inserting the following new item:
``10502. Chief of the National Guard Bureau: appointment; advisor on
National Guard matters; grade.'';
and
(B) by striking the item relating to section 10505
and inserting the following new item:
``10505. Vice Chief of the National Guard Bureau.''.
SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD BUREAU ON THE
JOINT CHIEFS OF STAFF.
(a) Membership on Joint Chiefs of Staff.--Section 151(a) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(7) The Chief of the National Guard Bureau.''.
(b) Conforming Amendments.--Section 10502 of such title, as amended
by section 2(b)(1) of this Act, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Member of Joint Chiefs of Staff.--The Chief of the National
Guard Bureau shall perform the duties prescribed for him or her as a
member of the Joint Chiefs of Staff under section 151 of this title.''.
SEC. 1604. CONTINUATION AS A PERMANENT PROGRAM AND ENHANCEMENT OF
ACTIVITIES OF TASK FORCE FOR EMERGENCY READINESS PILOT
PROGRAM OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) Continuation.--
(1) Continuation as permanent program.--The Administrator
of the Federal Emergency Management Agency shall continue the
Task Force for Emergency Readiness (TFER) pilot program of the
Federal Emergency Management Agency as a permanent program of
the Agency.
(2) Limitation on termination.--The Administrator may not
terminate the Task Force for Emergency Readiness program, as so
continued, until authorized or required to terminate the
program by law.
(b) Expansion of Program Scope.--As part of the continuation of the
Task Force for Emergency Readiness program pursuant to subsection (a),
the Administrator shall carry out the program in at least five States
in addition to the five States in which the program is carried out as
of the date of the enactment of this Act.
(c) Additional FEMA Activities.--As part of the continuation of the
Task Force for Emergency Readiness program pursuant to subsection (a),
the Administrator shall--
(1) establish guidelines and standards to be used by the
States in strengthening the planning and planning capacities of
the States with respect to responses to catastrophic disaster
emergencies; and
(2) develop a methodology for implementing the Task Force
for Emergency Readiness that includes goals and standards for
assessing the performance of the Task Force.
(d) National Guard Bureau Activities.--As part of the continuation
of the Task Force for Emergency Readiness program pursuant to
subsection (a), the Chief of the National Guard Bureau shall--
(1) assist the Administrator in the establishment of the
guidelines and standards, implementation methodology, and
performance goals and standards required by subsection (c);
(2) in coordination with the Administrator--
(A) identify, using catastrophic disaster response
plans for each State developed under the program, any
gaps in State civilian and military response
capabilities that Federal military capabilities are
unprepared to fill; and
(B) notify the Secretary of Defense, the Commander
of the United States Northern Command, and the
Commander of the United States Pacific Command of any
gaps in capabilities identified under subparagraph (A);
and
(3) acting through and in coordination with the Adjutants
General of the States, assist the States in the development of
State plans on responses to catastrophic disaster emergencies.
(e) Annual Reports.--The Administrator and the Chief of the
National Guard Bureau shall jointly submit to the appropriate
committees of Congress each year a report on activities under the Task
Force for Emergency Readiness program during the preceding year. Each
report shall include a description of the activities under the program
during the preceding year and a current assessment of the effectiveness
of the program in meeting its purposes.
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
SEC. 1605. REPORT ON COMPARATIVE ANALYSIS OF COSTS OF COMPARABLE UNITS
OF THE RESERVE COMPONENTS AND THE REGULAR COMPONENTS OF
THE ARMED FORCES.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report setting
forth a comparative analysis of the costs of units of the
regular components of the Armed Forces with the costs of
similar units of the reserve components of the Armed Forces.
The analysis shall include a separate comparison of the costs
of units in the aggregate and of the costs of units solely when
on active duty.
(2) Similar units.--For purposes of this subsection, units
of the regular components and reserve components shall be
treated as similar if such units have the same general
structure, personnel, or function, or are substantially
composed of personnel having identical or similar military
occupational specialties (MOS).
(b) Assessment of Increased Reserve Component Presence in Total
Force Structure.--The Secretary shall include in the report required by
subsection (a) an assessment of the advisability of increasing the
number of units and members of the reserve components of the Armed
Forces within the total force structure of the Armed Forces. The
assessment shall take into account the comparative analysis conducted
for purposes of subsection (a) and such other matters as the Secretary
considers appropriate for purposes of the assessment.
(c) Comptroller General Report.--Not later than 180 days after the
date of the submittal of the report required by subsection (a), the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth a review of
such report by the Comptroller General. The report of the Comptroller
General shall include an assessment of the comparative analysis
contained in the report required by subsection (a) and of the
assessment of the Secretary pursuant to subsection (b).
SEC. 1606. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE RESERVE
COMPONENTS OF THE ARMED FORCES UNDER ESTIMATED
EXPENDITURES FOR PROCUREMENT IN FUTURE-YEARS DEFENSE
PROGRAMS.
Each future-years defense program submitted to Congress under
section 221 of title 10, United States Code, shall, in setting forth
estimated expenditures and item quantities for procurement for the
Armed Forces for the fiscal years covered by such program, display
separately under such estimated expenditures and item quantities the
estimated expenditures for each such fiscal year for equipment for each
reserve component of the Armed Forces that will receive items in any
fiscal year covered by such program.
SEC. 1607. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED STATES
NORTHERN COMMAND AND OTHER COMBATANT COMMANDS.
(a) Commands Responsible for Support to Civil Authorities in the
United States.--The United States Northern Command and the United
States Pacific Command shall be the combatant commands of the Armed
Forces that are principally responsible for the support of civil
authorities in the United States by the Armed Forces.
(b) Discharge of Responsibility.--In discharging the responsibility
set forth in subsection (a), the Commander of the United States
Northern Command and the Commander of the United States Pacific Command
shall each--
(1) in consultation with and acting through the Chief of
the National Guard Bureau and the Joint Force Headquarters of
the National Guard of the State or States concerned, assist the
States in the employment of the National Guard under State
control, including National Guard operations conducted in State
active duty or under title 32, United States Code; and
(2) facilitate the deployment of the Armed Forces on active
duty under title 10, United States Code, as necessary to
augment and support the National Guard in its support of civil
authorities when National Guard operations are conducted under
State control, whether in State active duty or under title 32,
United States Code.
(c) Memorandum of Understanding.--
(1) Memorandum required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of the United
States Northern Command, the Commander of the United States
Pacific Command, and the Chief of the National Guard Bureau
shall, with the approval of the Secretary of Defense, jointly
enter into a memorandum of understanding setting forth the
operational relationships, and individual roles and
responsibilities, during responses to domestic emergencies
among the United States Northern Command, the United States
Pacific Command, and the National Guard Bureau.
(2) Modification.--The Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Chief of the National Guard Bureau may from
time to time modify the memorandum of understanding under this
subsection to address changes in circumstances and for such
other purposes as the Commander of the United States Northern
Command, the Commander of the United States Pacific Command,
and the Chief of the National Guard Bureau jointly consider
appropriate. Each such modification shall be subject to the
approval of the Secretary of Defense.
(d) Authority To Modify Assignment of Command Responsibility.--
Nothing in this section shall be construed as altering or limiting the
power of the President or the Secretary of Defense to modify the
Unified Command Plan in order to assign all or part of the
responsibility described in subsection (a) to a combatant command other
than the United States Northern Command or the United States Pacific
Command.
(e) Regulations.--The Secretary of Defense shall prescribe
regulations for purposes of aiding the expeditious implementation of
the authorities and responsibilities in this section.
SEC. 1608. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN CERTAIN
COMMAND POSITIONS.
(a) Commander of Army North Command.--The officer serving in the
position of Commander, Army North Command, shall be an officer in the
Army National Guard of the United States.
(b) Commander of Air Force North Command.--The officer serving in
the position of Commander, Air Force North Command, shall be an officer
in the Air National Guard of the United States.
(c) Sense of Congress.--It is the sense of Congress that, in
assigning officers to the command positions specified in subsections
(a) and (b), the President should afford a preference in assigning
officers in the Army National Guard of the United States or Air
National Guard of the United States, as applicable, who have served as
the adjutant general of a State.
SEC. 1609. AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP PROGRAM FOR
ADDITIONAL NATIONAL GUARD CONTACTS ON MATTERS WITHIN THE
CORE COMPETENCIES OF THE NATIONAL GUARD.
The Secretary of Defense shall, in consultation with the Secretary
of State, modify the regulations prescribed pursuant to section 1210 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2517; 32 U.S.C. 107 note) to provide for the use of
funds available pursuant to such regulations for contacts between
members of the National Guard and civilian personnel of foreign
governments outside the ministry of defense on matters within the core
competencies of the National Guard such as the following:
(1) Disaster response and mitigation.
(2) Defense support to civilian authorities.
(3) Consequence management and installation protection.
(4) Chemical, biological, radiological, or nuclear event
(CBRNE) response.
(5) Border and port security and cooperation with civilian
law enforcement.
(6) Search and rescue.
(7) Medical matters.
(8) Counterdrug and counternarcotics activities.
(9) Public affairs.
(10) Employer and family support of reserve forces.
(11) Such other matters within the core competencies of the
National Guard and suitable for contacts under the State
Partnership Program as the Secretary of Defense shall specify.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2012''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2015.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2015 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. FUNDING TABLES.
(a) In General.--The amounts authorized to be appropriated by
sections 2104, 2204, 2304, 2403, 2411, 2502, and 2606 shall be
available in the amounts specified in the funding table in section
4501.
(b) Base Closure and Realignment Activities.--The amounts
authorized to be appropriated by section 2703 shall be available in the
amounts specified in the funding table in section 4501.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Fort Rucker...................................... $11,600,000
Alaska...................................... Fort Wainwright.................................. $114,000,000
Joint Base Elmendorf-Richardson.................. $103,600,000
California.................................. Presidio of Monterey............................. $3,000,000
Fort Irwin....................................... $23,000,000
Colorado.................................... Fort Carson...................................... $238,600,000
Georgia..................................... Fort Benning..................................... $66,700,000
Fort Gordon...................................... $1,450,000
Fort Stewart..................................... $2,600,000
Hawaii...................................... Fort Shafter..................................... $17,500,000
Schofield Barracks............................... $105,000,000
Kansas...................................... Fort Riley....................................... $83,400,000
Forbes Air Field................................. $5,300,000
Kentucky.................................... Fort Campbell.................................... $247,500,000
Fort Knox........................................ $55,000,000
Louisiana................................... Fort Polk........................................ $70,100,000
Maryland.................................... Aberdeen Proving Ground.......................... $78,500,000
Fort Meade....................................... $79,000,000
Missouri.................................... Fort Leonard Wood................................ $49,000,000
New York.................................... Fort Drum........................................ $13,300,000
North Carolina.............................. Fort Bragg....................................... $186,000,000
Oklahoma.................................... Fort Sill........................................ $184,600,000
McAlester Army Ammunition Plant.................. $8,000,000
South Carolina.............................. Fort Jackson..................................... $63,900,000
Texas....................................... Fort Bliss....................................... $110,900,000
Fort Hood........................................ $132,000,000
Joint Base San Antonio........................... $10,400,000
Red River Army Depot............................. $44,000,000
Utah........................................ Dugway Proving Ground............................ $32,000,000
Virginia.................................... Fort Belvoir..................................... $52,000,000
Joint Base Langley Eustis........................ $26,000,000
Washington.................................. Joint Base Lewis McChord......................... $296,300,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(2), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... Bagram Air Base................................ $80,000,000
Germany....................................... Grafenwoehr.................................... $22,500,000
Landstuhl...................................... $63,000,000
Oberdachstetten................................ $12,200,000
Kelley Barracks................................ $12,200,000
Vilseck........................................ $20,000,000
Korea......................................... Camp Carroll................................... $41,000,000
Camp Henry..................................... $48,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2104(5)(A),
the Secretary of the Army may construct or acquire family housing units
(including land acquisition and supporting facilities) at the
installations or locations, in the number of units, and in the amounts
set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. 64........................ $34,329,000
Illesheim.................. 80........................ $41,000,000
Vilseck.................... 22........................ $12,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(5)(A), the
Secretary of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $7,897,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $103,000,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Army in the total amount of $3,643,146,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $2,400,250,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $298,900,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $195,241,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $176,897,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $494,858,000.
(6) For the construction of increment 1 of an aviation
complex, phase 3A at Fort Wainwright, Alaska, authorized by
section 2101(a) of this Act, $57,000,000.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4658) for Fort
Benning, Georgia, for construction of a Multipurpose Training Range at
the installation, the Secretary of the Army may construct up to 1,802
square feet of loading dock consistent with the Army's construction
guidelines for Multipurpose Training Ranges.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2010 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2629) for Joint Base
Lewis-McChord, Washington, for construction of an access road adjoining
McChord Air Force Base and Fort Lewis, the Secretary of the Army may
construct a secure elevated roadway over the existing railroad and
public road in lieu of an on-grade road and access control point.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2011 PROJECTS.
(a) Hawaii.--In the case of the authorization contained in the
table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437)
for Schofield Barracks, Hawaii, for renovations of buildings 450 and
452, the Secretary of the Army may renovate building 451 in lieu of
building 452.
(b) New York.--In the case of the authorization contained in the
table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437)
for Fort Drum, New York, for construction of an Aircraft Maintenance
Hangar at the installation, the Secretary of the Army may construct up
to 39,049 square yards of parking apron consistent with the Army's
construction guidelines for Aircraft Maintenance Hangars and associated
parking aprons.
(c) Germany.--In the case of the authorization contained in the
table in section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4438)
for Wiesbaden Air Base, Germany, for construction of an Information
Processing Center at the installation, the Secretary of the Army may
construct up to 9,400 square yards of vehicle parking garage consistent
with the Army's construction guidelines for parking garages, in lieu of
renovating 9,400 square yards of parking area.
SEC. 2108. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2012
PROJECT.
(a) Project Authorization.--The Secretary of the Army may carry out
a military construction project to construct a water treatment facility
for Fort Irwin, California, in the amount of $115,000,000.
(b) Use of Unobligated Prior-year Army Military Construction
Funds.--The Secretary may use available, unobligated Army military
construction funds appropriated for a fiscal year before fiscal year
2012 for the project described in subsection (a).
(c) Congressional Notification.--The Secretary of the Army shall
provide information in accordance with section 2851(c) of title 10,
United States Code, regarding the project described in subsection (a).
If it becomes necessary to exceed the estimated project cost, the
Secretary shall utilize the authority provided by section 2853 of such
title regarding authorized cost and scope of work variations.
SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Louisiana............................. Fort Polk............... Child Care Facility.............. $6,100,000
Missouri.............................. Fort Leonard Wood....... Multipurpose Machine Gun Range.. $4,150,000
----------------------------------------------------------------------------------------------------------------
SEC. 2110. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot...... Lake Yard Interchange........... $1,400,000
Hawaii................................ Schofield Barracks....... Brigade Complex................. $65,000,000
Schofield Barracks Battalion Complex............... $69,000,000
Schofield Barracks Battalion Complex............... $27,000,000
Schofield Barracks Infrastructure Expansion........ $76,000,000
New Jersey............................ Picatinny Arsenal Ballistic Evaluation Facility $9,900,000
Phase I........................
Virginia.............................. Fort Eustis.............. Vehicle Paint Facility.......... $3,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2111. TECHNICAL AMENDMENTS TO CORRECT CERTAIN PROJECT
SPECIFICATIONS.
The table in section 3002 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4503) is amended--
(1) in the item for the Army relating to ``Entry Control
Point and Access Roads'' that appears immediately below the
item relating to ``Vet Clinic & Kennel'' at Bagram Air Force
Base, by striking ``Delaram Ii'' in the State/Country and
Installation column and inserting ``Delaram II''; and
(2) in the item for the Army that appears immediately below
the item relating to ``Electrical Utility Systems, Ph.2'' at
the Shank installation, by striking ``Expand Extended
Cooperation Programme I and Extended Cooperation Programme 2''
in the Project Title column and inserting ``Expand Entry
Control Point 1 and Entry Control Point 2''.
SEC. 2112. REDUCTION OF ARMY MILITARY CONSTRUCTION AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Army for fiscal years prior to fiscal year 2012 are hereby reduced
by $100,000,000.
SEC. 2113. TOUR NORMALIZATION.
None of the funds authorized to be appropriated under this Act may
be obligated or expended for tour normalization until--
(1) the Director of Cost Assessment and Program Evaluation
conducts an analysis of alternatives to tour normalization that
identifies alternative courses of action and their associated
life cycle costs, potential benefits, advantages, and
disadvantages;
(2) the Secretary of the Army submits to the congressional
defense committees a master plan for completing all phases of
tour normalization that includes a detailed description of all
costs and a schedule for the construction of necessary
facilities and infrastructure; and
(3) legislation enacted after the date of the enactment of
this Act authorizes the obligation of funds for such purpose.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Marine Corps Air Station, Yuma.................. $162,785,000
California................................... Marine Corps Base, Camp Pendleton............... $335,080,000
Naval Base, Coronado............................ $93,735,000
Marine Corps Base, Twentynine Palms............. $67,109,000
Marine Corps Logistics Base, Barstow............ $8,590,000
Marine Corps Mountain Warfare Training Center, $16,138,000
Bridgeport.....................................
Naval Base Ventura County Point Mugu............ $15,377,000
Florida...................................... Naval Air Station, Jacksonville................. $36,552,000
Naval Station, Mayport.......................... $14,998,000
Naval Air Station, Whiting Field (Eglin Air $20,620,000
Force Base)....................................
Georgia...................................... Naval Submarine Base, Kings Bay................. $86,063,000
Hawaii....................................... Marine Corps Base, Kaneohe Bay.................. $57,704,000
Pacific Missile Range Facility, Barking Sands... $9,679,000
Joint Base Pearl Harbor-Hickam.................. $7,492,000
Illinois..................................... Naval Station, Great Lakes...................... $91,042,000
Maryland..................................... Naval Support Facility, Indian Head............. $67,779,000
Naval Air Station, Patuxent River............... $45,844,000
North Carolina............................... Marine Corps Base, Camp Lejeune................. $200,482,000
Marine Corps Air Station, Cherry Point.......... $17,760,000
Marine Corps Air Station, New River............. $78,930,000
South Carolina............................... Marine Corps Air Station, Beaufort.............. $21,096,000
Virginia..................................... Naval Station, Norfolk.......................... $81,304,000
Naval Support Activity, Norfolk................. $26,924,000
Naval Ship Yard, Portsmouth..................... $74,864,000
Marine Corps Base, Quantico..................... $183,690,000
Washington................................... Naval Base Kitsap, Bremerton (Puget Sound Ship $13,341,000
Yard)..........................................
Naval Base Kitsap, Bremerton (Bangor)........... $758,842,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(2), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installation or location outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti...................................... Camp Lemonier................................... $89,499,000
Diego Garcia.................................. Naval Support Facility, Diego Garcia............ $35,444,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(5)(A), the Secretary of the Navy may
carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $3,199,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(5)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $97,773,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy in the total amount of $2,641,457,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $1,956,822,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $124,943,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$21,495,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $69,362,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $100,972,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $367,863,000.
SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act
(122 Stat. 511) and extended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4443), shall remain in effect until
October 1, 2012, or the date of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................... Various.................... Host Nation Infrastructure. $2,700,000
----------------------------------------------------------------------------------------------------------------
(c) Technical Amendment for Consistency in Project Authorization
Display.--The table in section 2201(c) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 511) is amended to read as follows:
Navy: Worldwide Unspecified
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................... Various.................... Wharf Utilities Upgrade.... $8,900,000
Worldwide Unspecified.................... Various.................... Host Nation Infrastructure. $2,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2201 of that Act (122
Stat 4670), shall remain in effect until October 1, 2012, or the date
of an Act authorizing funds for military construction for fiscal year
2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................. Marine Corps Base, Camp Operations Assess Points, Red $11,970,000
Pendelton................ Beach........................
Marine Corps Air Station, Emergency Response Station.... $6,530,000
Miramar..................
District of Columbia................... Washington Navy Yard...... Child Development Center...... $9,340,000
----------------------------------------------------------------------------------------------------------------
SEC. 2207. REDUCTION OF NAVY MILITARY CONSTRUCTION AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Navy for fiscal years prior to fiscal year 2012 are hereby reduced
by $25,000,000.
SEC. 2208. GUAM REALIGNMENT.
None of the funds authorized to be appropriated under this title,
or amounts provided by the Government of Japan for military
construction activities on land under the jurisdiction of the
Department of Defense, may be obligated or expended to implement the
realignment of United States Marine Corps forces from Okinawa to Guam
as envisioned in the United States-Japan Roadmap for Realignment
Implementation issued May 1, 2006, until--
(1) the Commandant of the Marine Corps provides the
congressional defense committees the Commandant's preferred
force lay-down for the United States Pacific Command Area of
Responsibility;
(2) the Secretary of Defense submits to the congressional
defense committees a master plan for the construction of
facilities and infrastructure to execute the Commandant's
preferred force lay-down on Guam, including a detailed
description of costs and a schedule for such construction;
(3) the Secretary of Defense certifies to the congressional
defense committees that tangible progress has been made
regarding the relocation of Marine Corps Air Station Futenma;
and
(4) a plan coordinated by all pertinent Federal agencies is
provided to the congressional defense committees detailing
descriptions of work, costs, and a schedule for completion of
construction, improvements, and repairs to the non-military
utilities, facilities, and infrastructure on Guam affected by
the realignment of forces.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Eielson Air Force Base...................... $45,000,000
Joint Base Elmendorf-Richardson............. $97,000,000
Arizona........................................ Davis-Monthan Air Force Base................ $33,000,000
Luke Air Force Base......................... $24,000,000
California..................................... Travis Air Force Base....................... $22,000,000
Vandenberg Air Force Base................... $14,200,000
Colorado....................................... U.S. Air Force Academy...................... $13,400,000
Delaware....................................... Dover Air Force Base........................ $2,800,000
Kansas......................................... Fort Riley, Kansas.......................... $7,600,000
Louisiana...................................... Barksdale Air Force Base.................... $23,500,000
Missouri....................................... Whiteman Air Force Base..................... $4,800,000
Nebraska....................................... Offutt Air Force Base....................... $564,000,000
Nevada......................................... Nellis Air Force Base....................... $35,850,000
New Mexico..................................... Cannon Air Force Base....................... $22,598,000
Holloman Air Force Base..................... $29,200,000
Kirtland Air Force Base..................... $25,000,000
North Carolina................................. Pope Air Force Base......................... $6,000,000
North Dakota................................... Minot Air Force Base........................ $67,800,000
Texas.......................................... Joint Base San Antonio...................... $110,000,000
Utah........................................... Hill Air Force Base......................... $16,500,000
Virginia....................................... Joint Base Langley Eustis................... $50,000,000
Washington..................................... Fairchild Air Force Base.................... $27,600,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base..... $34,697,000
Greenland...................... Thule Air Base........ $28,000,000
Guam........................... Joint Region Marianas. $64,400,000
Italy.......................... Naval Air Station, $15,000,000
Signonella.
Korea.......................... Osan Air Base......... $23,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(5)(A), the Secretary of the Air Force
may carry out architectural and engineering services and construction
design activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,208,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(5)(A), the Secretary of the Air Force may improve existing
military family housing units in an amount not to exceed $80,596,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force in the total amount of $1,619,423,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $677,848,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $165,897,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$20,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $67,913,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $84,804,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $404,761,000.
(6) For the construction of increment 2 of the Air Force
Technical Applications Center at Patrick Air Force Base,
Florida, as authorized by section 2301(a) of the Military
Construction Authorization Act for Fiscal Year 2011 (division B
of Public Law 111-383; 124 Stat. 4444), $79,000,000.
(7) For the construction of increment 1 of a STRATCOM
replacement facility at Offutt Air Force Base, Nebraska,
authorized by section 2301(a) of this Act, $120,000,000.
SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2010
(Division B of Public Law 111-84; 123 Stat. 2636) for Hickam Air Force
Base, Hawaii, for construction of a Ground Control Tower at the
installation, the Secretary of the Air Force may construct 43 vertical
meters (141 vertical feet) in lieu of 111 square meters (1,195 square
feet), consistent with the Air Force's construction guidelines for
control towers, using amounts appropriated pursuant to authorizations
of appropriations in prior years.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2301(b) of that Act
(122 Stat. 4680) shall remain in effect until October 1, 2012, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later:
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Spangdahlem AB............. Construct Child $11,400,000
Development Center......
----------------------------------------------------------------------------------------------------------------
SEC. 2307. REDUCTION OF AIR FORCE MILITARY CONSTRUCTION AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force for fiscal years prior to fiscal year 2012 are hereby
reduced by $32,000,000.
TITLE XXIV--DEFENSE AGENCIES
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama....................................... Redstone Arsenal................................ $58,800,000
Alaska........................................ Anchorage....................................... $18,400,000
Eielson Air Force Base.......................... $14,800,000
Arizona....................................... Davis-Monthan Air Force Base.................... $23,000,000
California.................................... Defense Distribution Depot Tracy................ $15,500,000
Marine Corps Base, Camp Pendleton............... $12,141,000
Naval Base, Coronado............................ $42,000,000
Naval Base, Coronado (San Clemente)............. $21,800,000
Colorado...................................... Buckley Air Force Base.......................... $140,932,000
District of Columbia.......................... Bolling Air Force Base.......................... $16,736,000
Florida....................................... Eglin Air Force Base............................ $61,100,000
Macdill Air Force Base.......................... $15,200,000
Naval Air Station, Whiting Field................ $3,800,000
Georgia....................................... Fort Benning.................................... $37,205,000
Fort Gordon..................................... $17,705,000
Fort Stewart.................................... $72,300,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $14,400,000
Illinois...................................... Naval Station, Great Lakes...................... $16,900,000
Kentucky...................................... Fort Campbell................................... $138,500,000
Fort Knox....................................... $38,845,000
Louisiana..................................... Barksdale Air Force Base........................ $6,200,000
Maryland...................................... Joint Base Andrews.............................. $265,700,000
National Naval Medical Center, Bethesda......... $18,000,000
Massachusetts................................. Hanscom Air Force Base.......................... $34,040,000
Westover Air Reserve Base....................... $23,300,000
Mississippi................................... Columbus Air Force Base......................... $2,600,000
Construction Battalion Center, Gulfport......... $34,700,000
Missouri...................................... Arnold.......................................... $9,253,000
New Mexico.................................... Cannon Air Force Base........................... $132,997,000
New York...................................... Fort Drum....................................... $20,400,000
North Carolina................................ Camp Lejeune.................................... $6,670,000
Fort Bragg...................................... $206,274,000
Marine Corps Air Station, New River............. $22,687,000
Pope Air Force Base............................. $5,400,000
Ohio.......................................... Defense Supply Center Columbus.................. $10,000,000
Oklahoma...................................... Altus Air Force Base............................ $8,200,000
Pennsylvania.................................. Defense Distribution Depot New Cumberland....... $17,500,000
Defense Supply Center Philadelphia.............. $8,000,000
South Carolina................................ Joint Base Charleston........................... $24,868,000
Texas......................................... Joint Base Antonio.............................. $194,300,000
Virginia...................................... Charlottesville................................. $10,805,000
Joint Expeditionary Base Little Creek-Fort Story $37,000,000
Marine Corps Base, Quantico..................... $46,727,000
Naval Air Station, Oceana (Dam Neck)............ $23,116,000
Dahlgren........................................ $1,988,000
Pentagon Reservation............................ $8,742,000
Washington.................................... Joint Base Lewis-McChord........................ $35,000,000
Naval Air Station, Whidbey Island............... $25,000,000
West Virginia................................. Camp Dawson..................................... $2,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Ansbach....................................... $11,672,000
Grafenwoehr................................... $6,529,000
Spangdahlem Air Base.......................... $129,043,000
Stuttgart-Patch Barracks...................... $2,434,000
Italy........................................ Vicenza....................................... $41,864,000
Japan........................................ Yokota Air Base............................... $61,842,000
United Kingdom............................... Menwith Hill Station.......................... $68,601,000
Royal Air Force Alconbury..................... $35,030,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(6), the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, in the amount of $135,000,000.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) in the total amount of
$3,212,498,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $1,476,499,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $357,004,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code,
$32,964,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $399,602,000.
(6) For energy conservation projects under chapter 173 of
title 10, United States Code, $135,000,000.
(7) For military family housing functions:
(A) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $50,723,000.
(B) For credits to the Department of Defense Family
Housing Improvement Fund under section 2883 of title
10, United States Code, and the Homeowners Assistance
Fund established under section 1013 of the
Demonstration Cities and Metropolitan Development Act
of 1966 (42 U.S.C. 3374), $3,468,000.
(8) For the construction of increment 6 of the Army Medical
Research Institute of Infectious Diseases Stage I at Fort
Detrick, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2007
(division B of Public Law 109-364; 120 Stat. 2457),
$137,600,000.
(9) For the construction of increment 4 of replacement fuel
storage facilities at Point Loma Annex, California, authorized
by section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 2008 (division B of Public Law 110-181; 122
Stat. 521), as amended by section 2406 of the Military
Construction Authorization Act for Fiscal Year 2010 (division B
of Public Law 111-84; 123 Stat. 2646), $27,000,000.
(10) For the construction of increment 4 of the United
States Army Medical Research Institute of Chemical Defense
replacement facility at Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4689), $22,850,000.
(11) For the construction of increment 3 of a National
Security Agency data center at Camp Williams, Utah, authorized
as a Military Construction, Defense-Wide project by title IX of
the Supplemental Appropriations Act, 2009 (Public Law 111-32;
123 Stat. 1888), $123,201,000.
(12) For the construction of increment 3 of the hospital at
Fort Bliss, Texas, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2010
(division B of Public Law 111-84; 123 Stat. 2642),
$109,400,000.
(13) For the construction of increment 1 of a Mountainview
operations facility at Buckley Air Force Base, Colorado,
authorized by section 2401(a) of this Act, $70,432,000.
(14) For the construction of increment 1 of an ambulatory
care center at Joint Base Andrews, Maryland, authorized by
section 2401(a) of this Act, $121,500,000.
(15) For the construction of increment 1 of an ambulatory
care center, phase 3 at Fort Bliss, Texas, authorized by
section 2401(a) of this Act, $80,600,000.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction and land
acquisition for chemical demilitarization in the total amount of
$75,312,000, as follows:
(1) For the construction of phase 13 of a chemical
munitions demilitarization facility at Pueblo Chemical
Activity, Colorado, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as amended
by section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839), section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), and section 2413 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B
of Public Law 110-417; 122 Stat. 4697), $15,338,000.
(2) For the construction of phase 12 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act for Fiscal Year 2002
(division B of Public Law 107-107; 115 Stat. 1298), section
2405 of the Military Construction Authorization Act for Fiscal
Year 2003 (division B of Public Law 107-314; 116 Stat. 2698),
section 2414 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat.
4697), and section 2412 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B Public Law
111-383; 124 Stat. 4450), $59,974,000.
SEC. 2412. REDUCTION OF DEFENSE AGENCIES MILITARY CONSTRUCTION
AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) for fiscal years prior to
fiscal year 2012 are hereby reduced by $131,000,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $240,611,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Fort McClellan................................... $16,500,000
Arizona..................................... Papago Military Reservation...................... $17,800,000
Arkansas.................................... Fort Chafee...................................... $3,500,000
California.................................. Camp Roberts..................................... $38,160,000
Camp San Luis Obispo............................. $8,000,000
Colorado.................................... Alamosa.......................................... $6,400,000
Aurora........................................... $3,600,000
Fort Carson...................................... $43,000,000
District of Columbia........................ Anacostia........................................ $5,300,000
Florida..................................... Camp Blanding.................................... $5,500,000
Georgia..................................... Atlanta.......................................... $11,000,000
Hinesville....................................... $17,500,000
Macon............................................ $14,500,000
Hawaii...................................... Kalaeloa......................................... $33,000,000
Illinois.................................... Normal........................................... $10,000,000
Indiana..................................... Camp Atterbury................................... $81,900,000
Indianapolis..................................... $25,700,000
Maine....................................... Bangor........................................... $15,600,000
Brunswick........................................ $23,000,000
Maryland.................................... Dundalk.......................................... $16,000,000
La Plata......................................... $9,000,000
Westminster...................................... $10,400,000
Massachusetts............................... Natick........................................... $9,000,000
Minnesota................................... Camp Ripley...................................... $8,400,000
Mississippi................................. Camp Shelby...................................... $64,600,000
Nebraska.................................... Grand Island..................................... $22,000,000
Mead............................................. $9,100,000
Nevada...................................... Las Vegas........................................ $23,000,000
New Jersey.................................. Lakehurst........................................ $49,000,000
New Mexico.................................. Santa Fe......................................... $5,200,000
North Carolina.............................. Greensboro....................................... $3,700,000
Oklahoma.................................... Camp Gruber...................................... $13,361,000
Oregon...................................... The Dalles....................................... $13,800,000
South Carolina.............................. Allendale........................................ $4,300,000
Utah........................................ Camp Williams.................................... $6,500,000
Virginia.................................... Fort Pickett..................................... $11,000,000
West Virginia............................... Buckhannon....................................... $10,000,000
Wisconsin................................... Camp Williams.................................... $7,000,000
Wyoming..................................... Cheyenne......................................... $8,900,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations outside the
United States, and in the amounts, set forth in the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico................................... Fort Buchanan.................................. $57,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(2), the Secretary of the Army may
acquire real property and carry out military construction projects for
the Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Fort Hunter Liggett............................ $5,200,000
Colorado...................................... Fort Collins................................... $13,600,000
Illinois...................................... Homewood....................................... $16,000,000
Rockford....................................... $12,800,000
Indiana....................................... Fort Benjamin Harrison......................... $57,000,000
Kansas........................................ Kansas City.................................... $13,000,000
Massachusetts................................. Attleboro...................................... $22,000,000
Minnesota..................................... Saint Joseph................................... $11,800,000
Missouri...................................... Weldon Springs................................. $19,000,000
New York...................................... Schenectady.................................... $20,000,000
North Carolina................................ Greensboro..................................... $19,000,000
South Carolina................................ Orangeburg..................................... $12,000,000
Wisconsin..................................... Fort McCoy..................................... $27,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(3), the Secretary of the Navy may
acquire real property and carry out military construction projects for
the Navy Reserve and Marine Corps Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.................................. Pittsburgh..................................... $13,759,000
Tennessee..................................... Memphis........................................ $7,949,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(4), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Beale Air Force Base........................... $6,100,000
Moffett Field.................................. $26,000,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam................. $39,521,000
Indiana....................................... Fort Wayne International Airport............... $4,000,000
Maryland...................................... Martin State Airport........................... $4,900,000
Massachusetts................................. Otis Air National Guard Base................... $7,800,000
Ohio.......................................... Springfield Beckley-Municipal Airport.......... $6,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606(5), the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the Air Force Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... March Air Force Base........................... $16,393,000
South Carolina................................ Charleston Air Force Base...................... $9,593,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), in the following amounts:
(1) For the Department of the Army, for the Army National
Guard of the United States, $773,592,000.
(2) For the Department of the Army, for the Army Reserve,
$280,549,000.
(3) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $26,299,000.
(4) For the Department of the Air Force, for the Air
National Guard of the United States, $116,246,000.
(5) For the Department of the Air Force, for the Air Force
Reserve, $33,620,000.
SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2601 and 2604 of that
Act (122 Stat. 527-528), shall remain in effect until October 1, 2012,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... Coatesville............. Readiness Center................. $ 8,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
tables in subsection (b), as provided in sections 2601, 2602, and 2603
of that Act, shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as
follows:
Air National Guard: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana................................ Camp Atterbury............. Multipurpose Machine Gun $5,800,000
Range...................
Nevada................................. Elko....................... Readiness Center......... $11,375,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi............................ Gulfport-Biloxi Relocate munitions $3,400,000
International Airport..... storage complex.........
----------------------------------------------------------------------------------------------------------------
Air Reserve: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
New York............................... Staten Island.............. Army Reserve Center...... $18,550,000
----------------------------------------------------------------------------------------------------------------
Navy Reserve and Marine Corps Reserve: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware............................... Wilmington................. Armed Forces Reserve $11,530,000
Center..................
----------------------------------------------------------------------------------------------------------------
SEC. 2609. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.
In the case of the authorization contained in the table in section
2601(a) of the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4701) for Elko,
Nevada, for construction of an Army Reserve Center, the Secretary of
the Army may instead construct the Army Reserve Center at Carlin,
Nevada.
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, in the
total amount of $323,543,000, as follows:
(1) For the Department of the Army, $70,716,000.
(2) For the Department of the Navy, $129,351,000.
(3) For the Department of the Air Force, $123,476,000.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703, the Secretary of Defense may carry out
base closure and realignment activities, including real property
acquisition and military construction projects, as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through the
Department of Defense Base Closure Account 2005 established by section
2906A of such Act, in the amount of $258,776,000.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, in the
total amount of $258,776,000 as follows:
(1) For the Department of the Army, $229,190,000.
(2) For the Department of the Navy, $25,829,000.
(3) For the Department of the Air Force, $1,966,000.
(4) For the Defense Agencies, $1,791,000.
SEC. 2704. REDUCTION OF MILITARY CONSTRUCTION AUTHORIZATION FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES AUTHORIZED THROUGH THE
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990.
Amounts previously authorized for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act for fiscal
years prior to fiscal year 2012 are hereby reduced by $100,000,000.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.
(a) Authority To Transfer Authorization of Appropriations.--
(1) Authority.--Upon a determination by the Secretary of a
military department, or with respect to the Defense Agencies,
the Secretary of Defense, that such action is necessary in the
national interest, the Secretary concerned may transfer amounts
of authorization of appropriations made available to that
military department or Defense Agency in this division for
fiscal year 2012 between any such authorization of
appropriations for that military department or Defense Agency
for that fiscal year. Amounts of authorization of
appropriations so transferred shall be merged with and be
available for the same purposes as the authorization of
appropriations to which transferred.
(2) Aggregate limit.--The aggregate amount of
authorizations that the Secretaries concerned may transfer
under the authority of this section may not exceed
$400,000,000.
(b) Limitation.--The authority provided by this section to transfer
authorizations may only be used to fund increases in the cost of
military construction projects that have been authorized by law.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for appropriation for the account to
which the amount is transferred by an amount equal to the amount
transferred.
(d) Notice to Congress.--The Secretary concerned shall promptly
notify the congressional defense committees of each transfer made by
that Secretary under subsection (a).
SEC. 2802. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE
THE UNITED STATES.
(a) One-year Extension of Authority.--Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as most recently amended by
section 2804 of the Military Construction Authorization Act for Fiscal
Year 2011 (division B of Public Law 111-383; 124 Stat. 4459), is
amended--
(1) in subsection (c)(2), by striking ``fiscal year 2011''
and inserting ``fiscal year 2012''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``September 30,
2011'' and inserting ``September 30, 2012''; and
(B) in paragraph (2), by striking ``fiscal year
2012'' and inserting ``fiscal year 2013''.
(b) Modification of Quarterly Reporting Requirement.--Subsection
(g) of such section is amended--
(1) by striking ``Quarterly Reports or'' in the subsection
heading;
(2) by striking ``the report for a fiscal-year quarter
under subsection (d) or''; and
(3) by striking ``report or''.
(c) Technical Amendments.--Subsections (a) and (i) of such section
are amended by striking ``Combined Task Force-Horn of Africa'' each
place it appears and inserting ``Combined Joint Task Force-Horn of
Africa''.
SEC. 2803. CLARIFICATION OF AUTHORITY TO USE THE PENTAGON RESERVATION
MAINTENANCE REVOLVING FUND FOR MINOR CONSTRUCTION AND
ALTERATION ACTIVITIES AT THE PENTAGON RESERVATION.
Section 2674(e)(4) of title 10, United States Code, is amended--
(1) by striking ``The authority'' and inserting ``(A)
Except as provided in subparagraph (B), the authority''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary may use monies from the Fund to support
construction or alteration activities at the Pentagon Reservation
within the limits stated in section 2805 of this title.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXCHANGE OF PROPERTY AT MILITARY INSTALLATIONS.
(a) Exchange Authority.--Section 2869 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``Conveyance of
property at military installations to limit encroachment'' and
inserting ``Exchange of property at military installations'';
and
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Conveyance Authorized; Consideration'' and inserting
``Exchange Authorized''; and
(B) in paragraph (1), by striking ``to any person
who agrees, in exchange for the real property, to carry
out a land acquisition'' and inserting ``to any
eligible entity who agrees, in exchange for the real
property, to transfer to the United States all right,
title, and interest of the entity in and to a parcel of
real property, including any improvements thereon under
their control, or to carry out a land acquisition''.
(b) Extension of Authority.--Such section is further amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended by striking the item relating to
section 2869 and inserting the following new item:
``2869. Exchange of property at military installations.''.
SEC. 2812. CLARIFICATION OF AUTHORITY TO LIMIT ENCROACHMENTS.
(a) Inapplicability of Certain Contract Requirements.--Subsection
(c) of section 2684a of title 10, United States Code, is amended to
read as follows:
``(c) Inapplicability of Certain Contract Requirements.--
Notwithstanding chapter 63 of title 31, an agreement under this section
that is a cooperative agreement or a grant may be used to acquire
property or services for the direct benefit or use of the United States
Government.''.
(b) Acquisition and Acceptance of Property and Interests.--
Subsection (d) of such section is amended--
(1) in paragraph (3)--
(A) by inserting ``, and the monitoring and
enforcement of any right, title, or interest in,''
after ``resources on'';
(B) by inserting ``and monitoring and enforcement''
after ``natural resource management''; and
(C) by adding at the end the following: ``Any such
payment by the United States--
``(A) may be paid in a lump sum and include an
amount intended to cover the future costs of natural
resource management and monitoring and enforcement; and
``(B) shall be placed by the eligible entity in an
interest-bearing account, and any interest shall be
applied for the same purposes as the principal.''; and
(2) in paragraph (5)--
(A) inserting ``(A)'' after ``(5)'';
(B) by inserting after the first sentence the
following: ``No such requirement need be included in
the agreement if the property or interest is being
transferred to a State, or the agreement requires it to
be subsequently transferred to a State, and the
Secretary concerned determines that the laws and
regulations applicable to the future use of such
property or interest provide adequate assurance that
the property concerned will be developed and used in a
manner appropriate for purposes of this section.''; and
(C) by adding at the end the following new
subparagraph:
``(B) Notwithstanding subparagraph (A), if all or a portion of the
property or interest acquired under the agreement is subsequently
transferred to the United States and administrative jurisdiction over
the property is under a Federal official other than a Secretary
concerned, the Secretary concerned and that Federal official shall
enter into a memorandum of agreement providing, to the satisfaction of
the Secretary concerned, for the management of the property or interest
concerned in a manner appropriate for purposes of this section. Such
memorandum of agreement shall also provide that, should it be proposed
that the property or interest concerned be developed or used in a
manner not appropriate for purposes of this section, including
declaring the property to be excess to the agency's needs or proposing
to exchange the property for other property, the Secretary concerned
may request that administrative jurisdiction over the property be
transferred to the Secretary concerned at no cost, and, upon such a
request being made, the administrative jurisdiction over the property
shall be transferred accordingly.''.
SEC. 2813. DEPARTMENT OF DEFENSE CONSERVATION AND CULTURAL ACTIVITIES.
Section 2694(b)(2) of title 10, United States Code, is amended--
(1) in subparagraph (B), by inserting ``and
sustainability'' after ``safety''; and
(2) by adding at the end the following new subparagraph:
``(F) The implementation of ecosystem-wide land management
plans--
``(i) for a single ecosystem that encompasses at
least two non-contiguous military installations, if
those military installations are not all under the
administrative jurisdiction of the same Secretary of a
military department; and
``(ii) providing synergistic benefits unavailable
if the installations acted separately.''.
Subtitle C--Land Conveyances
SEC. 2821. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T. ROBINSON,
ARKANSAS.
Section 2852 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2685) is
amended by striking ``to be acquired by the United States of America''
and inserting ``to be acquired by the Military Department of
Arkansas''.
SEC. 2822. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, CAMP CAITLIN AND
OHANA NUI AREAS, HAWAII.
Section 2856(a) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2689) is
amended by inserting before the period at the end the following: ``,
before the property or portion thereof is made available for transfer
pursuant to the Hawaiian Home Lands Recovery Act (title II of Public
Law 104-42; 109 Stat. 357), for use by any other Federal agency, or for
disposal under applicable laws''.
SEC. 2823. LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF
RICHARDSON, ALASKA.
(a) Conveyances Authorized.--
(1) Municipality of anchorage.--The Secretary of the Air
Force may, in consultation with the Secretary of the Interior,
convey to the Municipality of Anchorage (in this section
referred to as the ``Municipality'') all right, title, and
interest of the United States in and to all or any part of a
parcel of real property, including any improvements thereon,
consisting of approximately 220 acres at JBER situated to the
west of and adjacent to the Anchorage Regional Landfill in
Anchorage, Alaska, for solid waste management purposes,
including reclamation thereof, and for alternative energy
production, and other related activities. This authority may
not be exercised unless and until the March 15, 1982, North
Anchorage Land Agreement is amended by the parties thereto to
specifically permit the conveyance under this subparagraph.
(2) Eklutna, inc..--The Secretary of the Air Force may, in
consultation with the Secretary of the Interior, upon terms
mutually agreeable to the Secretary of the Air Force and
Eklutna, Inc., an Alaska Native village corporation organized
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) (in this section referred to as ``Eklutna''),
convey to Eklutna all right, title, and interest of the United
States in and to all or any part of a parcel of real property,
including any improvements thereon, consisting of approximately
130 acres situated on the northeast corner of the Glenn Highway
and Boniface Parkway in Anchorage, Alaska, or such other
property as may be identified in consultation with the
Secretary of the Interior, for any use compatible with JBER's
current and reasonably foreseeable mission as determined by the
Secretary of the Air Force.
(3) Right to withhold transfer.--The Secretary may withhold
transfer of any portion of the real property described in
paragraphs (1) and (2) based on public interest or military
mission requirements.
(b) Consideration.--
(1) Municipality property.--As consideration for the
conveyance under subsection (a)(1), the Secretary of the Air
Force shall receive in-kind solid waste management services at
the Anchorage Regional Landfill or such other consideration as
determined satisfactory by the Secretary equal to at least fair
market value of the property conveyed.
(2) Eklutna property.--As consideration for the conveyance
under subsection (a)(2), the Secretary of the Air Force is
authorized to receive, upon terms mutually agreeable to the
Secretary and Eklutna, such interests in the surface estate of
real property owned by Eklutna and situated at the northeast
boundary of JBER and other consideration as considered
satisfactory by the Secretary equal to at least fair market
value of the property conveyed.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Municipality and Eklutna to reimburse the Secretary
to cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyances under subsection (a), including survey costs,
costs for environmental documentation, and any other
administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Treatment of Cash Consideration Received.--Any cash payment
received by the United States as consideration for the conveyances
under subsection (a) shall be deposited in the special account in the
Treasury established under subsection (b) of section 572 of title 40,
United States Code, and shall be available in accordance with paragraph
(5)(B) of such subsection.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary.
(f) Other or Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with the
conveyances under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
Subtitle D--Other Matters
SEC. 2831. INVESTMENT PLAN FOR THE MODERNIZATION OF PUBLIC SHIPYARDS
UNDER JURISDICTION OF DEPARTMENT OF THE NAVY.
(a) Plan Required.--Not later than March 1, 2012, the Secretary of
the Navy shall submit to the congressional defense committees a plan to
address the facilities and infrastructure requirements at each public
shipyard under the jurisdiction of the Department of the Navy.
(b) Content.--The report required under subsection (a) shall
include the following elements:
(1) A description of the operations and support required at
each shipyard under the control of the Secretary, including the
location, year constructed, the classes of ships serviced,
number of personnel assigned, and the average age of facilities
at each location.
(2) A review of all workload requirements in the past 5
years, an assessment of the efficiency in the use of existing
facilities to meet the workload, and an estimate of the
workload planned for each shipyard through the current Future
Years Defense plan.
(3) An assessment of the adequacy of each facility--
(A) to carry out efficient depot-level ship
maintenance with modern technology and equipment;
(B) to ensure workplace safety;
(C) to support nuclear-related activities (where
applicable);
(D) to maintain the quality of life of the
workforce; and
(E) to meet the energy savings goals of the
Secretary of the Navy for military installations.
(4) An assessment of the existing condition of each
facility at each shipyard to include a review of existing and
projected deficiencies or inadequate conditions at each
facility, and whether any of the facilities listed are
temporary structures.
(5) A description and cost estimate for each project to
improve, repair, renovate, or modernize facilities or
infrastructure.
(6) A description of the facility improvements or new
construction projects at each shipyard that would improve the
efficiency of the facility's operations or generate energy
savings based upon a business case analysis.
(7) An investment strategy planned for each shipyard to
correct deficiencies identified in paragraph (4), including
timelines to complete each project and cost estimates and
timelines necessary to complete the projects identified in
paragraph (6).
(8) A list of projects, costs, and timelines through the
future years defense plan to meet the requirements of the
minimum capital investment percentage required under section
2476 of title 10, United States Code.
SEC. 2832. DATA SERVERS AND CENTERS.
(a) Limitations on Obligation of Funds.--
(1) Limitations.--
(A) Before performance plan.--During the period
beginning on the date of the enactment of this Act and
ending on May 1, 2012, a department, agency, or
component of the Department of Defense may not obligate
funds for a data server, data server upgrade, data
server farm, or data center unless approved by the
Chief Information Officer of the Department of Defense
or the Chief Information Officer of a component of the
Department to whom the Chief Information Officer of the
Department has specifically delegated such approval
authority.
(B) Under performance plan.--After May 1, 2012, a
department, agency, or component of the Department may
not obligate funds for a data center, or any
information systems technology used therein, unless
that obligation is in accordance with the performance
plan required by subsection (b) and is approved as
described in subparagraph (A).
(2) Requirements for approvals.--
(A) Before performance plan.--An approval of the
obligation of funds may not be granted under paragraph
(1)(A) unless the official granting the approval
determines, in writing, that existing resources of the
agency, component, or element concerned cannot
affordably or practically be used or modified to meet
the requirements to be met through the obligation of
funds.
(B) Under performance plan.--An approval of the
obligation of funds may not be granted under paragraph
(1)(B) unless the official granting the approval
determines that--
(i) existing resources of the Department do
not meet the operation requirements to be met
through the obligation of funds; and
(ii) the proposed obligation is in
accordance with the performance standards and
measures established by the Chief Information
Officer of the Department under subsection (b).
(3) Reports.--Not later than 30 days after the end of each
calendar quarter, each Chief Information Officer of a component
of the Department who grants an approval under paragraph (1)
during such calendar quarter shall submit to the Chief
Information Officer of the Department a report on the approval
or approvals so granted during such calendar quarter.
(b) Performance Plan for Reduction of Resources Required for Data
Servers and Centers.--
(1) Component plans.--
(A) In general.--Not later than January 15, 2012,
the Secretaries of the military departments and the
heads of the Defense Agencies shall each submit to the
Chief Information Officer of the Department a plan for
the department or agency concerned to achieve the
following:
(i) A reduction in the square feet of floor
space devoted to information systems
technologies, attendant support technologies,
and operations within data centers.
(ii) A reduction in the use of all
utilities necessary to power and cool
information systems technologies and data
centers.
(iii) An increase in multi-organizational
utilization of data centers, information
systems technologies, and associated resources.
(iv) A reduction in the investment for
capital infrastructure or equipment required to
support data centers as measured in cost per
megawatt of data storage.
(v) A reduction in the number of commercial
and government developed applications running
on data servers and within data centers.
(vi) A reduction in the number of
government and vendor provided full-time
equivalent personnel, and in the cost of labor,
associated with the operation of data servers
and data centers.
(B) Specification of required elements.--The Chief
Information Officer of the Department shall specify the
particular performance standards and measures and
implementation elements to be included in the plans
submitted under this paragraph, including specific
goals and schedules for achieving the matters specified
in subparagraph (A).
(2) Defense-wide plan.--
(A) In general.--Not later than April 1, 2012, the
Chief Information Officer of the Department shall
submit to the congressional defense committees a
performance plan for a reduction in the resources
required for data centers and information systems
technologies Department-wide. The plan shall be based
upon and incorporate appropriate elements of the plans
submitted under paragraph (1).
(B) Elements.--The performance plan required under
this paragraph shall include the following:
(i) A Department-wide performance plan for
achieving the matters specified in paragraph
(1)(A), including performance standards and
measures for data centers and information
systems technologies, goals and schedules for
achieving such matters, and an estimate of cost
savings anticipated through implementation of
the plan.
(ii) A Department-wide strategy for each of
the following:
(I) Desktop, laptop, and mobile
device virtualization.
(II) Transitioning to cloud
computing.
(III) Migration of Defense data and
government-provided services from
Department-owned and operated data
centers to cloud computing services
generally available within the private
sector that provide a better capability
at a lower cost with the same or
greater degree of security.
(IV) Utilization of private sector-
managed security services for data
centers and cloud computing services.
(V) A finite set of metrics to
accurately and transparently report on
data center infrastructure (space,
power and cooling): age, cost,
capacity, usage, energy efficiency and
utilization, accompanied with the
aggregate data for each data center
site in use by the Department in excess
of 100 kilowatts of information
technology power demand.
(VI) Transitioning to just-in-time
delivery of Department-owned data
center infrastructure (space, power and
cooling) through use of modular data
center technology and integrated data
center infrastructure management
software.
(3) Responsibility.--The Chief Information Officer of the
Department shall discharge the responsibility for establishing
performance standards and measures for data centers and
information systems technologies for purposes of this
subsection. Such responsibility may not be delegated.
(c) Exception.--The Chief Information Officer of the Department and
the Chief Information Officer of the Office of the Director of National
Intelligence may jointly exempt from the applicability of this section
such intelligence components of the Department of Defense (and the
programs and activities thereof) that are funded through the National
Intelligence Program (NIP) as the Chief Information Officers consider
appropriate.
(d) Reports on Cost Savings.--
(1) In general.--Not later than March 1 of each fiscal
year, and ending in fiscal year 2016, the Chief Information
Officer of the Department shall submit to the appropriate
committees of Congress a report on the cost savings, cost
reductions, cost avoidances, and performance gains achieved,
and anticipated to be achieved, as of the date of such report
as a result of activities undertaken under this section.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 2833. REDESIGNATION OF MIKE O'CALLAGHAN FEDERAL HOSPITAL IN NEVADA
AS MIKE O'CALLAGHAN FEDERAL MEDICAL CENTER.
(a) Redesignation.--Section 2867 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2806), as amended by section 8135(a) of the Department
of Defense Appropriations Act, 1997 (section 101(b) of division A of
the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208;
110 Stat. 3009-118)), is further amended by striking ``Mike O'Callaghan
Federal Hospital'' each place it appears and inserting ``Mike
O'Callaghan Federal Medical Center''.
(b) Conforming Amendment.--The heading of such section 2867 is
amended to read as follows:
``SEC. 2867. MIKE O'CALLAGHAN FEDERAL MEDICAL CENTER.''.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2012 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4601.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out the following new plant project for
the National Nuclear Security Administration:
Project 12-D-301, Transuranic (TRU) Waste Facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$13,481,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2012 for defense environmental cleanup
activities in carrying out programs as specified in the funding table
in section 4601.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2012 for other defense activities in carrying
out programs as specified in the funding table in section 4601.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY
COMPUTERS.
(a) In General.--Section 4508 of the Atomic Energy Defense Act (50
U.S.C. 2659) is amended to read as follows:
``SEC. 4508. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY
COMPUTERS.
``(a) In General.--The Secretary of Energy shall--
``(1) not later than one year after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2012, and annually thereafter, review the security
vulnerabilities of the computers of each national laboratory;
and
``(2) if, in conducting a review under paragraph (1), the
Secretary discovers a significant vulnerability in a national
laboratory computer, promptly notify the congressional defense
committees of the vulnerability.
``(b) Elements.--A notification submitted under subsection (a) with
respect to a significant vulnerability of a national laboratory
computer shall include the following:
``(1) A description of the vulnerability.
``(2) An assessment of the loss, if any, of classified or
unclassified data as a result of the vulnerability.
``(3) An assessment of the harm to national security or
individual privacy resulting from the loss, if any, of such
data.
``(4) A description of the actions taken to address the
vulnerability.
``(c) National Laboratory Defined.--In this section, the term
`national laboratory' has the meaning given that term in section
4502(g)(3).''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by striking the item relating to section
4508 and inserting the following new item:
``Sec. 4508. Review of security vulnerabilities of national laboratory
computers.''.
SEC. 3112. REVIEW BY SECRETARY OF ENERGY AND SECRETARY OF DEFENSE OF
COMPTROLLER GENERAL ASSESSMENT OF BUDGET REQUESTS WITH
RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE
NUCLEAR SECURITY COMPLEX.
Section 3255(a) of the National Nuclear Security Administration Act
(50 U.S.C. 2455(a)) is amended by adding at the end the following new
paragraph:
``(3) The Secretary of Energy shall, in consultation with the
Secretary of Defense--
``(A) review the report submitted by the Comptroller
General under paragraph (2); and
``(B) not later than 30 days after receiving that report,
submit to the congressional defense committees a report that
includes--
``(i) the results of the review conducted under
subparagraph (A);
``(ii) the views of the Secretary of Energy and the
Secretary of Defense with respect to--
``(I) the findings of the Comptroller
General in the report submitted under paragraph
(2); and
``(II) whether the actual funding level for
the fiscal year in which the report is
submitted under this subparagraph is sufficient
for the modernization of the nuclear security
complex and the refurbishment of the nuclear
weapons stockpile; and
``(iii) a description of any measures the
Administration plans to take in response to the
findings of the Comptroller General.''.
SEC. 3113. AIRCRAFT PROCUREMENT.
Of the amounts authorized to be appropriated and made available for
obligation under section 3101 for weapons activities for any fiscal
year before fiscal year 2013, the Secretary of Energy may procure not
more than one aircraft.
SEC. 3114. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET
UNION.
Not more than $500,000 of the funds authorized to be appropriated
by section 3101 and made available by the funding table in section 4601
for defense nuclear nonproliferation activities may be obligated or
expended to establish a center of excellence in a country that is not a
state of the former Soviet Union until the date that is 15 days after
the date on which the Administrator for Nuclear Security submits to the
congressional defense committees a report that includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
(B) the percentage of the total cost of
establishing and operating the center the funds
described in subparagraph (A) will cover.
SEC. 3115. RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING MUSEUM.
Section 3137 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (42 U.S.C. 7142) is amended--
(1) in the section heading, by inserting ``and national
atomic testing museum'' after ``atomic museum''; and
(2) by adding at the end the following new subsection:
``(d) Recognition and Status of National Atomic Testing Museum.--
The museum operated by the Nevada Test Site Historical Foundation and
located in Las Vegas, Nevada--
``(1) is recognized as the official atomic testing museum
of the United Sates;
``(2) shall be known as the `National Atomic Testing
Museum'; and
``(3) shall have the sole right throughout the United
States and its possessions to have and use the name `National
Atomic Testing Museum'.''.
Subtitle C--Reports
SEC. 3121. REPORT ON FEASIBILITY OF FEDERALIZING THE SECURITY
PROTECTIVE FORCES CONTRACT GUARD WORKFORCE AT CERTAIN
DEPARTMENT OF ENERGY FACILITIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Energy and the Administrator
for Nuclear Security shall jointly submit to the congressional defense
committees--
(1) a report on the feasibility of federalizing some or all
of the security protective forces contract guard workforce at
the facilities specified in subsection (d); and
(2) the comments of the Comptroller General of the United
States on that report required under subsection (b).
(b) Comments by Comptroller General.--The Secretary and the
Administrator shall provide the draft text of the report required by
subsection (a)(1) to the Comptroller General of the United States for
review and comment before submitting the report to the congressional
defense committees.
(c) Elements.--The report required by subsection (a)(1) shall
include the following:
(1) An evaluation of the feasibility of converting the
security protective forces contract workforce at the facilities
specified in subsection (d) into a force made up, in whole or
in part, of full-time Federal employees.
(2) An estimate of the immediate and projected costs of any
such conversion.
(3) An estimate of the immediate and projected costs of
maintaining guards under contract status and of maintaining
guards as full-time Federal employee.
(4) An assessment of the effects of any such conversion on
security, including an analysis of the effects of using a
Federal security guard, a Federal police officer, or a Federal
protective service officer instead of a contract guard.
(5) An estimate of the hourly and annual costs of--
(A) contract guards, including benefits and
overtime; and
(B) any comparably trained and equipped Federal
force with comparable physical and other requirements.
(6) A comparison of similar conversions of large groups of
contract workers to full-time Federal employees and an
assessment of the potential benefits and challenges of such
conversions.
(7) The views of the Secretary and the Administrator on the
feasibility of--
(A) converting the security protective forces
contract workforce at the facilities specified in
subsection (d) into a force made up, in whole or in
part, of full-time Federal employees;
(B) maintaining the security protective forces
contract workforce in its current form; and
(C) instituting some or all of the changes
recommended in the Implementation Plan for the 29
Recommendations of the Protective Force Career Options
Study Group prepared pursuant to the Report of the
Committee on Appropriations of the House of
Representatives (House Report No. 111-230) accompanying
the Department of Defense Appropriations Act, 2010
(Public Law 111-118; 123 Stat. 3409).
(d) Facilities Specified.--The facilities specified in this
subsection are the following:
(1) The Albuquerque National Nuclear Security
Administration Service Center, Albuquerque, New Mexico.
(2) The Argonne National Laboratory and the Argonne Site
Office, Argonne, Illinois, and the Chicago Service Center,
Chicago, Illinois.
(3) The Brookhaven National Laboratory and Brookhaven Site
Office, Upton, New York.
(4) The Idaho National Laboratory and the Idaho Site
Office, Idaho Falls, Idaho.
(5) The Kansas City Plant and the Kansas City Site Office,
Kansas City, Missouri.
(6) The Lawrence Livermore National Laboratory and the
Livermore Site Office, Livermore, California.
(7) The Los Alamos National Laboratory and the Los Alamos
Site Office, Los Alamos, New Mexico.
(8) The National Energy Technology Laboratory.
(9) The Nevada Site Office and the Nevada National Security
Site, Nevada.
(10) The Oak Ridge National Laboratory, the Oak Ridge
Office of the Department of Energy, and the East Tennessee
Technology Park of the Department of Energy, Oak Ridge,
Tennessee.
(11) The Office of Secure Transportation of the Department
of Energy and associated field locations.
(12) The Pantex Plant and Pantex Site Office, Amarillo,
Texas.
(13) The Pittsburgh Naval Reactors Office, the Bettis
Atomic Power Laboratory, the Idaho Naval Reactors Facility, and
the Knolls Atomic Power Laboratory.
(14) The Portsmouth Gaseous Diffusion Plant, Piketon, Ohio,
and the Paducah Gaseous Diffusion Plant, Paducah, Kentucky.
(15) The Richland Operations Office and the Hanford Site,
Richland, Washington.
(16) The Sandia National Laboratories and the Sandia Site
Office, Albuquerque, New Mexico.
(17) The Savannah River Plant and the Savannah River Site
Office of the Office of Environmental Management of the
Department of Energy, Aiken, South Carolina.
(18) The Savannah River National Laboratory, Aiken, South
Carolina.
(19) The National Savannah River Site Office and the
Tritium Extraction Facility and Mixed Oxide Fuel Fabrication
Facility of the National Nuclear Security Administration,
Aiken, South Carolina.
(20) The Strategic Petroleum Reserve Project Office and the
Strategic Petroleum Reserve Sites.
(21) The Waste Isolation Pilot Plant, Carlsbad, New Mexico.
(22) The Y-12 Site Office and the Y-12 National Security
Complex of the National Nuclear Security Administration, Oak
Ridge, Tennessee.
SEC. 3122. COMPTROLLER GENERAL STUDY ON OVERSIGHT OF DEPARTMENT OF
ENERGY DEFENSE NUCLEAR FACILITIES.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the value of and the need for external regulation or
external oversight of the safety of nuclear operations and the design
and construction of nuclear facilities at the Department of Energy
defense nuclear facilities to protect the public health and safety.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of the value of and the need for external
regulation or external oversight, or a combination of both, of
the safety of nuclear operations and the design and
construction of nuclear facilities at the Department of Energy
defense nuclear facilities.
(2) An assessment of the ability of existing regulatory
authorities to regulate safety at the Department of Energy
defense nuclear facilities.
(3) An assessment of the ability of the Defense Nuclear
Facilities Safety Board to regulate safety at the Department of
Energy defense nuclear facilities.
(4) An assessment of the current functions of the Board and
whether those functions should be modified or amended,
including whether the Department of Energy should pay an
oversight fee to the Board.
(5) An assessment of the relative advantages and
disadvantages to the Department of Energy and the public of--
(A) continuing the oversight functions of the
Board; or
(B) replacing the oversight functions of the Board
with external regulation of some or all of the
Department of Energy defense nuclear facilities.
(6) A list of all existing or planned Department of Energy
defense nuclear facilities that are similar to facilities under
the regulatory jurisdiction of the Nuclear Regulatory
Commission.
(7)(A) A list of each existing Department of Energy defense
nuclear facility or activity relating to such a facility that
the Comptroller General recommends should--
(i) remain within the oversight jurisdiction of the
Board for a period of time or indefinitely; or
(ii) be transferred to the jurisdiction of an
outside regulatory authority; and
(B) the basis for the recommendations of the Comptroller
General.
(8) For any existing Department of Energy defense nuclear
facilities that the Comptroller General recommends should be
transferred to the jurisdiction of an outside regulatory
authority--
(A) the date by which that transfer should occur
and the period of time necessary for the transfer; and
(B) whether the regulatory authority should be an
existing or new regulatory authority.
(9) A list of any proposed Department of Energy defense
nuclear facilities and a recommendation of the Comptroller
General with respect to whether each such facility--
(A) should come under the oversight jurisdiction of
the Board or be transferred to the jurisdiction of an
outside regulatory authority; and
(B) if the Comptroller General recommends that the
facility be transferred to the jurisdiction of any
outside regulatory authority, whether the regulatory
authority should be an existing or new regulatory
authority.
(10) An assessment of the comparative advantages and
disadvantages to the Department of Energy and to public health
and safety of the transfer of some or all of the Department of
Energy defense nuclear facilities from the oversight
jurisdiction of the Board to the jurisdiction of an outside
regulatory authority.
(11) An assessment of the comparative costs associated with
external oversight or external regulation of safety at
Department of Energy defense nuclear facilities.
(12) Any other recommendations of the Comptroller General
with respect to external regulation or oversight of safety at
the Department of Energy.
(c) Interim Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees an interim report on the status of the
study conducted under subsection (a).
(d) Final Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
congressional defense committees, the Secretary of Energy, the Defense
Nuclear Facilities Safety Board, and the Nuclear Regulatory Commission
the final report of the Comptroller General that contains the findings
and recommendations of the Comptroller General resulting from the study
conducted under subsection (a).
(e) Comments on Report.--Not later than 180 days after receiving
the final report from the Comptroller General under subsection (d), the
Secretary of Energy, the Defense Nuclear Facilities Safety Board, and
the Nuclear Regulatory Commission shall submit to the congressional
defense committees the comments of the Secretary, the Board, or the
Commission (as the case may be) on the report.
(f) Department of Energy Defense Nuclear Facility Defined.--In this
section, the term ``Department of Energy defense nuclear facility'' has
the meaning given that term in section 318 of the Atomic Energy Act of
1954 (42 U.S.C. 2286g).
SEC. 3123. PLAN TO COMPLETE THE GLOBAL INITIATIVES FOR PROLIFERATION
PREVENTION PROGRAM IN THE RUSSIAN FEDERATION.
At or about the same time that the budget of the President for
fiscal year 2013 is submitted to Congress under section 1105(a) of
title 31, United States Code, the Administrator for Nuclear Security
shall submit to Congress a plan to complete the Global Initiatives for
Proliferation Prevention program in the Russian Federation by the end
of calendar year 2013.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2012,
$33,317,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq).
SEC. 3202. AUTHORITY OF THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD TO
REVIEW THE FACILITY DESIGN AND CONSTRUCTION OF
CONSTRUCTION PROJECT 10-D-904 OF THE NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
Notwithstanding section 318(1)(A) of the Atomic Energy Act of 1954
(42 U.S.C. 2286g(1)(A)), the Defense Nuclear Facilities Safety Board
shall exercise the authority of the Board under section 312(a)(4) of
that Act (42 U.S.C. 2286a(a)(4)) to review the design of, and review
and monitor construction with respect to, Construction Project 10-D-904
of the National Nuclear Security Administration.
TITLE XXXIII--MARITIME ADMINISTRATION
SEC. 3301. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to read as
follows:
``Sec. 109. Maritime Administration
``(a) Organization.--The Maritime Administration is an
administration in the Department of Transportation.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is appointed by the
President by and with the advice and consent of the Senate. The
Administrator shall report directly to the Secretary of Transportation
and carry out the duties prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime Administration
shall have a Deputy Maritime Administrator, who is appointed in the
competitive service by the Secretary, after consultation with the
Administrator. The Deputy Administrator shall carry out the duties
prescribed by the Administrator. The Deputy Administrator shall be
Acting Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another individual,
during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties and powers
of the Maritime Administration are vested in the Secretary.
``(e) Regional Offices.--The Maritime Administration shall have
regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port
ranges, and may have other regional offices as necessary. The Secretary
shall appoint a qualified individual as Director of each regional
office. The Secretary shall carry out appropriate activities and
programs of the Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary shall
establish and maintain liaison with other agencies, and with
representative trade organizations throughout the United States,
concerned with the transportation of commodities by water in the export
and import foreign commerce of the United States, for the purpose of
securing preference to vessels of the United States for the
transportation of those commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the Maritime
Administration, not more than five officers of the armed forces may be
detailed to the Secretary at any one time, in addition to details
authorized by any other law. During the period of a detail, the
Secretary shall pay the officer an amount that, when added to the
officer's pay and allowances as an officer in the armed forces, makes
the officer's total pay and allowances equal to the amount that would
be paid to an individual performing work the Secretary considers to be
of similar importance, difficulty, and responsibility as that performed
by the officer during the detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary may
make contracts and cooperative agreements for the United States
Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers
under this section, subtitle V of title 46, and all
other Maritime Administration programs; and
``(B) protect, preserve, and improve collateral
held by the Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of the
business activities authorized by this section or subtitle V of
title 46. At least once a year, the Comptroller General shall
report to Congress any departure by the Secretary from this
section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise provided
by law, the administrative and related expenses for the administration
of any grant programs by the Maritime Administrator may not exceed 3
percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and powers
of the Secretary relating to the Maritime Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
``(A) acquisition, construction, or reconstruction
of vessels;
``(B) construction-differential subsidies incident
to the construction, reconstruction, or reconditioning
of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for
operating-differential subsidies;
``(E) expenses necessary for research and
development activities, including reimbursement of the
Vessel Operations Revolving Fund for losses resulting
from expenses of experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of
subtitle V of title 46; and
``(I) other operations and training expenses
related to the development of waterborne transportation
systems, the use of waterborne transportation systems,
and general administration.
``(3) Training vessels.--Amounts may not be appropriated
for the purchase or construction of training vessels for State
maritime academies unless the Secretary has approved a plan for
sharing training vessels between State maritime academies.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--Decisions by agency heads to commit,
obligate, or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall be based on
authorized, transparent, statutory criteria, or merit-based selection
procedures in accordance with the requirements of sections 2304(k) and
2374 of title 10, United States Code, and other applicable provisions
of law.
(c) Relationship To Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 of this Act or any other provision of law, unless such
transfer or reprogramming would move funds between appropriation
accounts.
(d) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supercede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
1 UTILITY F/W AIRCRAFT. 14,572 14,572
2 C-12 CARGO AIRPLANE.. 0 0
3 AERIAL COMMON SENSOR 539,574 0
(ACS) (MIP).
Terminate EMARRS.. [-539,574]
4 MQ-1 UAV............. 658,798 0
Transfer to OCO... [-658,798]
5 RQ-11 (RAVEN)........ 70,762 58,862
Army offered [-11,900]
program reduction.
6 BCT UNMANNED AERIAL 0 0
VEH (UAVS) INCR 1.
7 HELICOPTER, LIGHT 250,415 250,415
UTILITY (LUH).
8 AH-64 BLOCK II/WRA... 0 0
9 AH-64 APACHE BLOCK 572,155 395,155
IIIA REMAN.
Army offered [-177,000]
program reduction.
9 AH-64 APACHE BLOCK -161,150 -161,150
IIIA REMAN.
10 AH-64 APACHE BLOCK 192,764 192,764
IIIA REMAN.
11 AH-64 APACHE BLOCK 104,263 104,263
IIIB NEW BUILD.
12 UH-60 BLACKHAWK M 1,426,198 1,418,198
MODEL (MYP).
Unjustified [-8,000]
program management
growth.
12 UH-60 BLACKHAWK M -100,532 -100,532
MODEL (MYP).
13 UH-60 BLACKHAWK M 199,781 199,781
MODEL (MYP).
14 CH-47 HELICOPTER..... 1,363,116 1,297,116
Army requested [-66,000]
transfer to APA
Line 15 for
correct execution.
14 CH-47 HELICOPTER..... -57,756 -57,756
15 CH-47 HELICOPTER..... 54,956 120,956
Army requested [66,000]
transfer from APA
Line 14 for
correct execution.
16 HELICOPTER NEW 0 0
TRAINING.
17 KIOWA WARRIOR UPGRADE 0 0
(OH-58 D)/WRA.
18 C12 AIRCRAFT MODS.... 0 0
19 MQ-1 PAYLOAD--UAS.... 136,183 0
Administration [-29,000]
recommendation.
Transfer to OCO... [-107,183]
20 MQ-1 WEAPONIZATION-- 0 0
UAS.
21 GUARDRAIL MODS (MIP). 27,575 27,575
22 MULTI SENSOR ABN 8,362 8,362
RECON (MIP).
23 AH-64 MODS........... 331,230 331,230
23 AH-64 MODS........... 0 0
24 CH-47 CARGO 79,712 57,012
HELICOPTER MODS
(MYP).
Cargo and [-22,700]
ballistic
protection
contract delays.
24 CH-47 CARGO 0 0
HELICOPTER MODS
(MYP).
25 UTILITY/CARGO 22,107 12,107
AIRPLANE MODS.
Contract delays... [-10,000]
26 AIRCRAFT LONG RANGE 0 0
MODS.
27 UTILITY HELICOPTER 80,745 74,745
MODS.
Contract delays... [-6,000]
28 KIOWA WARRIOR........ 162,052 162,052
29 AIRBORNE AVIONICS.... 0 0
30 NETWORK AND MISSION 138,832 136,432
PLAN.
Aviation Data [-2,400]
Exploitation
Capability ahead
of need.
31 COMMS, NAV 132,855 117,855
SURVEILLANCE.
JTRS Integreation [-15,000]
ahead of need.
32 GATM ROLLUP.......... 105,519 105,519
33 RQ-7 UAV MODS........ 126,239 76,239
Administration [-50,000]
recommendation.
34 SPARE PARTS (AIR).... 0 0
35 AIRCRAFT 35,993 35,993
SURVIVABILITY
EQUIPMENT.
36 SURVIVABILITY CM..... 0 0
37 CMWS................. 162,811 104,251
Production and [-58,560]
installation
contract delays.
38 AVIONICS SUPPORT 4,840 4,840
EQUIPMENT.
39 COMMON GROUND 176,212 95,417
EQUIPMENT.
Army offered [-19,100]
program reduction.
Aviation Light [-3,287]
Utility Mobile
Maintenance
(ALUMMC) no longer
required.
Aviation Sets, [-58,408]
Kits, Outfits,
Tools contract
delay.
40 AIRCREW INTEGRATED 82,883 62,746
SYSTEMS.
Air Soldier System [-20,137]
early to need.
41 AIR TRAFFIC CONTROL.. 114,844 102,444
Army offered [-12,400]
program reduction.
42 INDUSTRIAL FACILITIES 1,593 1,593
43 LAUNCHER, 2.75 ROCKET 2,878 2,878
44 AIRBORNE 0 0
COMMUNICATIONS.
TOTAL, AIRCRAFT 7,061,381 5,251,934
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
1 PATRIOT SYSTEM 662,231 662,231
SUMMARY.
2 MSE MISSILE.......... 74,953 74,953
3 SURFACE-LAUNCHED 0 0
AMRAAM SYSTEM
SUMMARY:.
3 SURFACE-LAUNCHED 0 0
AMRAAM SYSTEM
SUMMARY:.
4 HELLFIRE SYS SUMMARY. 1,410 1,410
5 JAVELIN (AAWS-M) 160,767 140,767
SYSTEM SUMMARY.
Army offered [-20,000]
program reduction.
6 TOW 2 SYSTEM SUMMARY. 84,108 81,108
Unit cost [-3,000]
efficiencies.
6 TOW 2 SYSTEM SUMMARY. -22,432 -22,432
7 TOW 2 SYSTEM SUMMARY. 19,886 19,886
8 BCT NON LINE OF SIGHT 0 0
LAUNCH SYSTEM--
INCREM.
9 GUIDED MLRS ROCKET 314,167 164,167
(GMLRS).
Program reduction. [-150,000]
10 MLRS REDUCED RANGE 18,175 18,175
PRACTICE ROCKETS
(RRPR).
11 HIGH MOBILITY 31,674 20,674
ARTILLERY ROCKET
SYSTEM (HIMARS.
Army offered [-11,000]
program reduction.
12 PATRIOT MODS......... 66,925 66,925
13 STINGER MODS......... 14,495 -5
Transfer at Army [-14,500]
request to RDTE
Army PE 23801A .
14 ITAS/TOW MODS........ 13,577 13,577
15 MLRS MODS............ 8,236 8,236
16 HIMARS MODIFICATIONS. 11,670 11,670
17 HELLFIRE 0 0
MODIFICATIONS.
18 SPARES AND REPAIR 8,700 8,700
PARTS.
19 AIR DEFENSE TARGETS.. 3,674 3,674
20 ITEMS LESS THAN $5.0M 1,459 1,459
(MISSILES).
21 PRODUCTION BASE 5,043 5,043
SUPPORT.
TOTAL, MISSILE 1,478,718 1,280,218
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
1 STRYKER VEHICLE...... 632,994 606,894
Prior year [-26,100]
unobligated funds
available.
2 FUTURE COMBAT 0 0
SYSTEMS: (FCS).
2 FUTURE COMBAT 0 0
SYSTEMS: (FCS).
3 FCS SPIN OUTS........ 0 0
3 FCS SPIN OUTS........ 0 0
4 FCS SPIN OUTS........ 0 0
5 STRYKER (MOD)........ 52,797 51,497
Excess program [-1,300]
management.
6 FIST VEHICLE (MOD)... 43,962 35,162
Funding ahead of [-8,800]
need.
7 BRADLEY PROGRAM (MOD) 250,710 250,710
8 HOWITZER, MED SP FT 46,876 46,876
155MM M109A6 (MOD).
9 IMPROVED RECOVERY 10,452 6,452
VEHICLE (M88A2
HERCULES).
Excess contractor [-4,000]
engineering.
10 ASSAULT BREACHER 99,904 95,904
VEHICLE.
Unjustified growth [-4,000]
in matrix support
and engineering
change proposals.
11 M88 FOV MODS......... 32,483 32,483
12 JOINT ASSAULT BRIDGE. 0 0
13 M1 ABRAMS TANK (MOD). 160,578 131,178
Unjustified [-29,400]
technical support
costs.
14 ABRAMS UPGRADE 181,329 421,329
PROGRAM.
Program increase [240,000]
to add 49 tanks to
bridge production
gap.
15 PRODUCTION BASE 1,073 1,073
SUPPORT (TCV-WTCV).
16 HOWITZER, LIGHT, 0 0
TOWED, 105MM, M119.
17 INTEGRATED AIR BURST 16,046 0
WEAPON SYSTEM FAMILY.
Transfer at Army's [-16,046]
request to RDTE,
Army PE 64601A.
18 M240 MEDIUM MACHINE 0 0
GUN (7.62MM).
19 MACHINE GUN, CAL .50 65,102 0
M2 ROLL.
Transfer at Army [-34,000]
request to WTCV
line 34.
Transfer to OCO... [-31,102]
20 LIGHTWEIGHT .50 28,796 13,931
CALIBER MACHINE GUN.
Transfer at Army [-1,700]
request to RDTE
Army PE 64601A .
Army revised lower [-13,165]
quantity.
21 M249 SAW MACHINE GUN 0 0
(5.56MM).
22 MK-19 GRENADE MACHINE 0 0
GUN (40MM).
23 MORTAR SYSTEMS....... 12,477 10,177
Excess production [-2,300]
engineering.
24 M107, CAL. 50, SNIPER 0 0
RIFLE.
25 XM320 GRENADE 12,055 12,055
LAUNCHER MODULE
(GLM).
26 M110 SEMI-AUTOMATIC 0 0
SNIPER SYSTEM (SASS).
27 M4 CARBINE........... 35,015 35,015
28 SHOTGUN, MODULAR 6,707 4,207
ACCESSORY SYSTEM
(MASS).
Army offered [-2,500]
program reduction.
29 COMMON REMOTELY 0 0
OPERATED WEAPONS
STATION (CRO.
30 HANDGUN.............. 0 0
31 HOWITZER LT WT 155MM 13,066 0
(T).
Transfer to OCO... [-13,066]
32 MK-19 GRENADE MACHINE 0 0
GUN MODS.
33 M4 CARBINE MODS...... 25,092 25,092
34 M2 50 CAL MACHINE GUN 14,856 0
MODS.
Transfer at Army [34,000]
request from WTCV
line 19.
Transfer to OCO... [-48,856]
35 M249 SAW MACHINE GUN 8,480 8,480
MODS.
36 M240 MEDIUM MACHINE 15,718 15,718
GUN MODS.
37 SNIPER RIFLES 1,994 1,994
MODIFICATIONS.
38 M119 MODIFICATIONS... 38,701 38,701
39 M16 RIFLE MODS....... 3,476 3,476
40 M14 7.62 RIFLE MODS.. 0 0
41 MODIFICATIONS LESS 2,973 2,973
THAN $5.0M (WOCV-
WTCV).
42 ITEMS LESS THAN $5.0M 0 0
(WOCV-WTCV).
43 PRODUCTION BASE 10,080 10,080
SUPPORT (WOCV-WTCV).
44 INDUSTRIAL 424 424
PREPAREDNESS.
45 SMALL ARMS EQUIPMENT 2,453 2,453
(SOLDIER ENH PROG).
46 SPARES AND REPAIR 106,843 106,843
PARTS (WTCV).
TOTAL, PROCUREMENT OF 1,933,512 1,971,177
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
1 CTG, 5.56MM, ALL 210,758 210,758
TYPES.
2 CTG, 7.62MM, ALL 83,730 83,730
TYPES.
3 CTG, 7.62MM, 4 BALL 0 0
M80 FS, 1 DIM TRCR
M276,.
4 CTG, HANDGUN, ALL 9,064 7,064
TYPES.
Funding ahead of [-2,000]
need..
5 CTG, .50 CAL, ALL 131,775 131,775
TYPES.
6 CTG, 20MM, ALL TYPES. 0 0
7 CTG, 25MM, ALL TYPES. 14,894 10,594
Army offered [-4,300]
reduction..
8 OBJECTIVE FAMILY OF 3,399 0
WEAPONS AMMUNITION,
ALL T.
Funding ahead of [-3,399]
need..
9 CTG, 30MM, ALL TYPES. 118,966 105,966
Program growth [-13,000]
adjustment..
10 CTG, 40MM, ALL TYPES. 84,799 34,799
Army offered [-50,000]
reduction..
11 CTG, CAL .300 WIN 0 0
MAG, MK 248 MOD 0
(7.62X67M.
12 60MM MORTAR, ALL 31,287 31,287
TYPES.
13 81MM MORTAR, ALL 12,187 12,187
TYPES.
14 120MM MORTAR, ALL 108,416 98,416
TYPES.
Army offered [-10,000]
reduction..
15 CARTRIDGES, TANK, 105,704 105,205
105MM AND 120MM, ALL
TYPES.
Unjustified [-499]
request..
16 CTG, TANK, 120MM, ALL 0 0
TYPES.
17 ARTILLERY CARTRIDGES, 103,227 103,227
75MM AND 105MM, ALL
TYP.
18 CTG, ARTY, 105MM: ALL 0 0
TYPES.
19 ARTILLERY PROJECTILE, 32,887 32,887
155MM, ALL TYPES.
20 PROJ 155MM EXTENDED 69,074 48,074
RANGE XM982.
Program [-21,000]
restructure..
21 ARTILLERY 48,205 46,705
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Pricing [-1,500]
adjustment..
22 ARTILLERY FUZES, ALL 0 0
TYPES.
23 MINES & CLEARING 2,518 2,518
CHARGES, ALL TYPES.
24 MINE, CLEARING 0 0
CHARGE, ALL TYPES.
25 SPIDER NETWORK 43,123 15,423
MUNITIONS, ALL TYPES.
Full rate [-27,700]
production delay..
26 SCORPION, INTELLIGENT 0 0
MUNITIONS SYSTEM ,
ALL.
27 SHOULDER LAUNCHED 19,254 17,854
MUNITIONS, ALL TYPES.
Excess production [-1,400]
engineering..
28 ROCKET, HYDRA 70, ALL 127,265 127,265
TYPES.
29 DEMOLITION MUNITIONS, 53,685 53,685
ALL TYPES.
30 GRENADES, ALL TYPES.. 42,558 40,558
Grenade Rifle [-2,000]
Entry Munition--
Army offered
reduction..
31 SIGNALS, ALL TYPES... 26,173 26,173
32 SIMULATORS, ALL TYPES 14,108 6,108
Army offered [-4,000]
reduction--M115A2
Simulators.
Army offered [-4,000]
reduction--M116A1
Simulators.
33 ALL OTHER (AMMO)..... 50 50
34 AMMO COMPONENTS, ALL 18,296 18,296
TYPES.
35 NON-LETHAL 14,864 14,864
AMMUNITION, ALL
TYPES.
36 CAD/PAD ALL TYPES.... 5,449 5,449
37 ITEMS LESS THAN $5 11,009 11,009
MILLION.
38 AMMUNITION PECULIAR 24,200 24,200
EQUIPMENT.
39 FIRST DESTINATION 13,711 13,711
TRANSPORTATION
(AMMO).
40 CLOSEOUT LIABILITIES. 103 103
41 PROVISION OF 199,841 199,841
INDUSTRIAL
FACILITIES.
42 LAYAWAY OF INDUSTRIAL 9,451 9,451
FACILITIES.
43 MAINTENANCE OF 5,533 1,533
INACTIVE FACILITIES.
Army offered [-4,000]
reduction..
44 CONVENTIONAL 189,789 177,789
MUNITIONS
DEMILITARIZATION,
ALL.
Contract award [-12,000]
delay..
45 ARMS INITIATIVE...... 3,273 3,273
TOTAL, PROCUREMENT OF 1,992,625 1,831,827
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
1 TACTICAL TRAILERS/ 0 0
DOLLY SETS.
2 SEMITRAILERS, 13,496 596
FLATBED:.
Early to need..... [-12,900]
3 SEMITRAILERS, TANKERS 0 0
4 HI MOB MULTI-PURP 0 0
WHLD VEH (HMMWV).
5 FAMILY OF MEDIUM 432,936 422,936
TACTICAL VEH (FMTV).
Unjustified [-10,000]
program management
cost growth.
6 FIRETRUCKS & 21,930 21,930
ASSOCIATED
FIREFIGHTING EQUIP.
7 FAMILY OF HEAVY 627,294 555,294
TACTICAL VEHICLES
(FHTV).
Army offered [-72,000]
program reduction.
8 PLS ESP.............. 251,667 251,667
9 ARMORED SECURITY 0 0
VEHICLES (ASV).
10 MINE PROTECTION 56,671 0
VEHICLE FAMILY.
Army offered [-48,000]
program reduction.
Transfer to OCO... [-8,671]
11 FAMILY OF MINE 0 0
RESISTANT AMBUSH
PROTEC (MRAP).
12 TRUCK, TRACTOR, LINE 1,461 0
HAUL, M915/M916.
Prior year [-1,461]
unobligated funds
available.
13 HVY EZPANDED MOBILE 156,747 156,747
TACTICAL TRUCK EXT
SERV.
14 HMMWV 161,631 4,313
RECAPITALIZATION
PROGRAM.
Funding provided [-157,318]
in approved prior
year reprogramming
action.
15 TACTICAL WHEELED 39,908 0
VEHICLE PROTECTION
KITS.
Transfer to OCO... [-39,908]
16 MODIFICATION OF IN 362,672 344,772
SVC EQUIP.
HMMWV installation [-3,900]
early to need.
Excessive program [-14,000]
support costs.
17 MINE-RESISTANT AMBUSH- 142,862 0
PROTECTED (MRAP)
MODS.
Excessive program [-15,000]
support costs.
Transfer to OCO... [-127,862]
18 ITEMS LESS THAN $5.0M 0 0
(TAC VEH).
19 TOWING DEVICE-FIFTH 0 0
WHEEL.
20 AMC CRITICAL ITEMS, 20,156 0
OPA1.
Unjustified [-20,156]
request.
21 HEAVY ARMORED SEDAN.. 1,161 1,161
22 PASSENGER CARRYING 3,222 3,222
VEHICLES.
23 NONTACTICAL VEHICLES, 19,869 19,869
OTHER.
24 JOINT COMBAT 9,984 9,984
IDENTIFICATION
MARKING SYSTEM.
25 WIN-T--GROUND FORCES 974,186 865,186
TACTICAL NETWORK.
Increment 2 [-109,000]
contract delay.
26 JCSE EQUIPMENT 4,826 4,826
(USREDCOM).
28 DEFENSE ENTERPRISE 123,859 123,859
WIDEBAND SATCOM
SYSTEMS.
29 SHF TERM............. 8,910 8,910
30 SAT TERM, EMUT 0 0
(SPACE).
31 NAVSTAR GLOBAL 29,568 25,168
POSITIONING SYSTEM
(SPACE).
Army offered [-4,400]
program reduction.
32 SMART-T (SPACE)...... 49,704 49,704
33 SCAMP (SPACE)........ 2,415 2,415
34 GLOBAL BRDCST SVC-- 73,374 64,774
GBS.
Excessive unit [-8,600]
cost growth.
35 MOD OF IN-SVC EQUIP 31,799 31,799
(TAC SAT).
36 MOD-IN-SERVICE 969 969
PROFILER.
37 ARMY GLOBAL CMD & 18,788 18,788
CONTROL SYS (AGCCS).
38 ARMY DATA 3,994 3,994
DISTRIBUTION SYSTEM
(DATA RADIO).
39 JOINT TACTICAL RADIO 775,832 206,087
SYSTEM.
Ground Mobile [-153,833]
Radio program
restructure.
Airborne, [-108,000]
Maritime, Fixed
Station program
delay.
Manpack radio [-256,912]
program delay.
Army requested [-51,000]
transfer to RDTE
Navy line 100.
40 RADIO TERMINAL SET, 8,336 8,336
MIDS LVT(2).
41 SINCGARS FAMILY...... 4,992 500
Prior year [-4,492]
unobligated funds
available.
42 AMC CRITICAL ITEMS-- 0 0
OPA2.
43 TRACTOR DESK......... 10,827 10,827
44 COMMS-ELEC EQUIP 0 0
FIELDING.
45 SPIDER APLA REMOTE 36,224 14,024
CONTROL UNIT.
Program delay..... [-22,200]
46 IMS REMOTE CONTROL 0 0
UNIT.
47 SOLDIER ENHANCEMENT 1,843 1,843
PROGRAM COMM/
ELECTRONICS.
48 COMBAT SURVIVOR 0 0
EVADER LOCATOR
(CSEL).
49 GUNSHOT DETECTION 3,939 3,939
SYSTEM (GDS).
50 RADIO, IMPROVED HF 38,535 29,435
(COTS) FAMILY.
Army offered [-9,100]
program reduction.
51 MEDICAL COMM FOR CBT 26,232 26,232
CASUALTY CARE (MC4).
53