[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