[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 1540 Enrolled Bill (ENR)]

        H.R.1540

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven


                                 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 five 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.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/
          HH-60M helicopters and Navy MH-60R/MH-60S helicopters.

                        Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and 
          common cockpits for Navy MH-60R/S helicopters.
Sec. 122. Separate procurement line item for certain Littoral Combat 
          Ship mission modules.
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance 
          and sustainability plans for the Littoral Combat Ship program.
Sec. 124. Extension of Ford-class aircraft carrier construction 
          authority.

                     Subtitle D--Air Force Programs

Sec. 131. Strategic airlift aircraft force structure.
Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Availability of fiscal year 2011 funds for research and 
          development relating to the B-2 bomber aircraft.
Sec. 135. Availability of fiscal year 2011 funds to support alternative 
          options for extremely high frequency terminal Increment 1 
          program of record.
Sec. 136. Procurement of advanced extremely high frequency satellites.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on availability of funds for acquisition of joint 
          tactical radio system.
Sec. 142. Limitation on availability of funds for Aviation Foreign 
          Internal Defense program.
Sec. 143. F-35 Joint Strike Fighter aircraft.
Sec. 144. Additional oversight requirements for the undersea mobility 
          acquisition program of the United States Special Operations 
          Command.
Sec. 145. Inclusion of information on approved Combat Mission 
          Requirements in quarterly reports on use of Combat Mission 
          Requirement funds.
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-
          engining program.
Sec. 147. Authority for exchange with United Kingdom of specified F-35 
          Lightning II Joint Strike Fighter aircraft.
Sec. 148. Report on probationary period in development of short take-
          off, vertical landing variant of the Joint Strike Fighter.
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform 
          Act of 2009 measures within the Joint Strike Fighter aircraft 
          program.

          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. Limitation on availability of funds for the ground combat 
          vehicle program.
Sec. 212. Limitation on the individual carbine program.
Sec. 213. Limitation on availability of funds for Future Unmanned 
          Carrier-based Strike System.
Sec. 214. Limitation on availability of funds for amphibious assault 
          vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the F-35 Lightning II 
          aircraft program.
Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber 
          aircraft extremely high frequency satellite communications 
          program.
Sec. 217. Limitation on availability of funds for the Joint Space 
          Operations Center management system.
Sec. 218. Limitation on availability of funds for wireless innovation 
          fund.
Sec. 219. Prohibition on delegation of budgeting authority for certain 
          research and educational programs.
Sec. 220. Designation of main propulsion turbomachinery of the next-
          generation long-range strike bomber aircraft as major 
          subprogram.
Sec. 221. Designation of electromagnetic aircraft launch system 
          development and procurement program as major subprogram.
Sec. 222. Advanced rotorcraft flight research and development.
Sec. 223. Preservation and storage of certain property related to F136 
          propulsion system.

                  Subtitle C--Missile Defense Programs

Sec. 231. Acquisition accountability reports on the ballistic missile 
          defense system.
Sec. 232. Comptroller General review and assessment of missile defense 
          acquisition programs.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense program.
Sec. 235. Limitation on availability of funds for the medium extended 
          air defense system.
Sec. 236. Sense of Congress regarding ballistic missile defense 
          training.

                           Subtitle D--Reports

Sec. 241. Extension of requirements for biennial roadmap and annual 
          review and certification on funding for development of 
          hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class 
          replacement ballistic missile submarine.
Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC-46A aircraft 
          acquisition program.
Sec. 245. Independent review and assessment of cryptographic 
          modernization program.
Sec. 246. Report on increased budget items.

                        Subtitle E--Other Matters

Sec. 251. Repeal of requirement for Technology Transition Initiative.
Sec. 252. Contractor cost-sharing in pilot program to include technology 
          protection features during research and development of certain 
          defense systems.
Sec. 253. Extension of authority for mechanisms to provide funds for 
          defense laboratories for research and development of 
          technologies for military missions.
Sec. 254. National defense education program.
Sec. 255. Laboratory facilities, Hanover, New Hampshire.
Sec. 256. Sense of Congress on active matrix organic light emitting 
          diode technology.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

             Subtitle B--Energy and Environmental Provisions

Sec. 311.  Designation of senior official of Joint Chiefs of Staff for 
          operational energy plans and programs and operational energy 
          budget certification.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for 
          the national defense.
Sec. 313. Discharge of wastes at sea generated by ships of the Armed 
          Forces.
Sec. 314. Modification to the responsibilities of the Assistant 
          Secretary of Defense for Operational Energy, Plans, and 
          Programs.
Sec. 315. Energy-efficient technologies in contracts for logistics 
          support of contingency operations.
Sec. 316. Health assessment reports required when waste is disposed of 
          in open-air burn pits.
Sec. 317. Streamlined annual report on defense environmental programs.
Sec. 318. Payment to Environmental Protection Agency of stipulated 
          penalties in connection with Jackson Park Housing Complex, 
          Washington.
Sec. 319. Requirements relating to Agency for Toxic Substances and 
          Disease Registry investigation of exposure to drinking water 
          contamination at Camp Lejeune, North Carolina.
Sec. 320. Fire suppression agents.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Designation of military arsenal facilities as Centers of 
          Industrial and Technical Excellence.
Sec. 323. Permanent and expanded authority for Army industrial 
          facilities to enter into certain cooperative arrangements with 
          non-Army entities.
Sec. 324. Implementation of corrective actions resulting from corrosion 
          study of the F-22 and F-35 aircraft.
Sec. 325. Modification of requirements relating to minimum capital 
          investment for certain depots.
Sec. 326. Reports on depot-related activities.
Sec. 327. Core depot-level maintenance and repair capabilities.

                          Subtitle D--Readiness

Sec. 331. Modification of Department of Defense authority to accept 
          voluntary contributions of funds.
Sec. 332. Review of proposed structures affecting navigable airspace.

                           Subtitle E--Reports

Sec. 341. Annual certification and modifications of annual report on 
          prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for 
          the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations 
          forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and 
          equipment service life extension programs to achieve cost 
          savings.
Sec. 346. Study on United States force posture in the United States 
          Pacific Command area of responsibility.
Sec. 347. Study on overseas basing presence of United States forces.
Sec. 348. Inclusion of assessment of joint military training and force 
          allocations in quadrennial defense review and national 
          military strategy.
Sec. 349. Modification of report on procurement of military working 
          dogs.

           Subtitle F--Limitations and Extension of Authority

Sec. 351. Adoption of military working dog by family of deceased or 
          seriously wounded member of the Armed Forces who was the dog's 
          handler.
Sec. 352. Prohibition on expansion of the Air Force food transformation 
          initiative.
Sec. 353. Designation and limitation on obligation and expenditure of 
          funds for the migration of Army enterprise email services.
Sec. 354. One-year extension of pilot program for availability of 
          working-capital funds to Army for certain product 
          improvements.

                        Subtitle G--Other Matters

Sec. 361. Commercial sale of small arms ammunition and small arms 
          ammunition components in excess of military requirements, and 
          fired cartridge cases.
Sec. 362. Comptroller General review of space-available travel on 
          military aircraft.
Sec. 363. Authority to provide information for maritime safety of forces 
          and hydrographic support.
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection 
          agreements.
Sec. 365. Clarification of the airlift service definitions relative to 
          the Civil Reserve Air Fleet.
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 367. Policy on Active Shooter Training for certain law enforcement 
          personnel.
Sec. 368. Procurement of tents or other temporary structures.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
          reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 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 in grades of major, lieutenant colonel, and 
          colonel.
Sec. 502. General officer and flag officer reform.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Voluntary retirement incentive matters.

                Subtitle B--Reserve Component Management

Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Membership of the Chief of the National Guard Bureau on the 
          Joint Chiefs of Staff.
Sec. 513. Modification of time in which preseparation counseling must be 
          provided to reserve component members being demobilized.
Sec. 514. Clarification of applicability of authority for deferral of 
          mandatory separation of military technicians (dual status) 
          until age 60.
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.
Sec. 516. Authority for order to active duty of units of the Selected 
          Reserve for preplanned missions in support of the combatant 
          commands.
Sec. 517. Modification of eligibility for consideration for promotion 
          for reserve officers employed as military technicians (dual 
          status).
Sec. 518. Consideration of reserve component officers for appointment to 
          certain command positions.
Sec. 519. Report on termination of military technician as a distinct 
          personnel management category.

                 Subtitle C--General Service Authorities

Sec. 521. Sense of Congress on the unique nature, demands, and hardships 
          of military service.
Sec. 522. Policy addressing dwell time and measurement and data 
          collection regarding unit operating tempo and personnel tempo.
Sec. 523. Protected communications by members of the Armed Forces and 
          prohibition of retaliatory personnel actions.
Sec. 524. Notification requirement for determination made in response to 
          review of proposal for award of Medal of Honor not previously 
          submitted in timely fashion.
Sec. 525. Expansion of regular enlisted members covered by early 
          discharge authority.
Sec. 526. Extension of voluntary separation pay and benefits authority.
Sec. 527. 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. 528. Designation of persons authorized to direct disposition of 
          remains of members of the Armed Forces.
Sec. 529. Matters covered by preseparation counseling for members of the 
          Armed Forces and their spouses.
Sec. 530. Conversion of high-deployment allowance from mandatory to 
          authorized.
Sec. 531. Extension of authority to conduct programs on career 
          flexibility to enhance retention of members of the Armed 
          Forces.
Sec. 532. Policy on military recruitment and enlistment of graduates of 
          secondary schools.
Sec. 533. Department of Defense suicide prevention program.

             Subtitle D--Military Justice and Legal Matters

Sec. 541. Reform of offenses relating to rape, sexual assault, and other 
          sexual misconduct under the Uniform Code of Military Justice.
Sec. 542. Authority to compel production of documentary evidence.
Sec. 543. Clarification of application and extent of direct acceptance 
          of gifts authority.
Sec. 544. Freedom of conscience of military chaplains with respect to 
          the performance of marriages.

      Subtitle E--Member Education and Training Opportunities and 
                             Administration

Sec. 551. Employment skills training for members of the Armed Forces on 
          active duty who are transitioning to civilian life.
Sec. 552. Enhancement of authorities on joint professional military 
          education.
Sec. 553. Temporary authority to waive maximum age limitation on 
          admission to the military service academies.
Sec. 554. Enhancement of administration of the United States Air Force 
          Institute of Technology.
Sec. 555. 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. 556. Reserve component mental health student stipend.
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-
          Teachers Program.
Sec. 558. Pilot program on receipt of civilian credentialing for skills 
          required for military occupational specialties.
Sec. 559. Report on certain education assistance programs.

                Subtitle F--Armed Forces Retirement Home

Sec. 561. Control and administration by Secretary of Defense.
Sec. 562. Senior Medical Advisor oversight of health care provided to 
          residents of Armed Forces Retirement Home.
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council 
          and Resident Advisory Committees.
Sec. 564. Administrators, Ombudsmen, and staff of facilities.
Sec. 565. Revision of fee requirements.
Sec. 566. Revision of inspection requirements.
Sec. 567. Repeal of obsolete transitional provisions and technical, 
          conforming, and clerical amendments.

Subtitle G--Defense Dependents' Education and Military Family Readiness 
                                 Matters

Sec. 571. Impact aid for children with severe disabilities.
Sec. 572. Continuation of authority to assist local educational agencies 
          that benefit dependents of members of the Armed Forces and 
          Department of Defense civilian employees.
Sec. 573. Three-year extension and enhancement of authorities on 
          transition of military dependent students among local 
          educational agencies.
Sec. 574. Revision to membership of Department of Defense Military 
          Family Readiness Council.
Sec. 575. Reemployment rights following certain National Guard duty.
Sec. 576. Expansion of Operation Hero Miles.
Sec. 577. Report on Department of Defense autism pilot and demonstration 
          projects.
Sec. 578. Comptroller General of the United States report on Department 
          of Defense military spouse employment programs.

Subtitle H--Improved Sexual Assault Prevention and Response in the Armed 
                                 Forces

Sec. 581. Access of sexual assault victims to legal assistance and 
          services of Sexual Assault Response Coordinators and Sexual 
          Assault Victim Advocates.
Sec. 582. Consideration of application for permanent change of station 
          or unit transfer based on humanitarian conditions for victim 
          of sexual assault or related offense.
Sec. 583. Director of Sexual Assault Prevention and Response Office.
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim 
          Advocates.
Sec. 585. Training and education programs for sexual assault prevention 
          and response program.
Sec. 586. 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 I--Other Matters

Sec. 588. Department of Defense authority to carry out personnel 
          recovery reintegration and post-isolation support activities.
Sec. 589. Military adaptive sports program.
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration 
          Program.
Sec. 591. Army National Military Cemeteries.
Sec. 592. Inspection of military cemeteries under jurisdiction of the 
          military departments.
Sec. 593. Authorization for award of the distinguished service cross for 
          Captain Fredrick L. Spaulding for acts of valor during the 
          Vietnam War.
Sec. 594. Authorization and request for award of Medal of Honor to Emil 
          Kapaun for acts of valor during the Korean War.
Sec. 595. Review regarding award of Medal of Honor to Jewish American 
          World War I veterans.
Sec. 596. Report on process for expedited determination of disability of 
          members of the Armed Forces with certain disabling conditions.
Sec. 597. Comptroller General study of military necessity of Selective 
          Service System and alternatives.
Sec. 598. Evaluation of issues affecting disposition of remains of 
          American sailors killed in the explosion of the ketch U.S.S. 
          Intrepid in Tripoli Harbor on September 4, 1804.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Resumption of authority to provide temporary increase in rates 
          of basic allowance for housing under certain circumstances.
Sec. 602. Lodging accommodations for members assigned to duty in 
          connection with commissioning or fitting out of a ship.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
          authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
          authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
          nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
          consolidated special pay, incentive pay, and bonus 
          authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
          title 37 bonuses and special pays.
Sec. 616. Modification of qualifying period for payment of hostile fire 
          and imminent danger special pay and hazardous duty special 
          pay.

       Subtitle C--Travel and Transportation Allowances Generally

Sec. 621. One-year extension of authority to reimburse travel expenses 
          for inactive-duty training outside of normal commuting 
          distance.

   Subtitle D--Consolidation and Reform of Travel and Transportation 
                               Authorities

Sec. 631. Consolidation and reform of travel and transportation 
          authorities of the uniformed services.
Sec. 632. Transition provisions.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 641. Discretion of the Secretary of the Navy to select categories 
          of merchandise to be sold by ship stores afloat.
Sec. 642. Access of military exchange stores system to credit available 
          through Federal Financing Bank.
Sec. 643. Designation of Fisher House for the Families of the Fallen and 
          Meditation Pavilion, Dover Air Force Base, Delaware, as a 
          Fisher House.

        Subtitle F--Disability, Retired Pay and Survivor Benefits

Sec. 651. 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.

                        Subtitle G--Other Matters

Sec. 661. Report on basic allowance for housing for National Guard 
          members transitioning between active duty and full-time 
          National Guard duty.
Sec. 662. Report on incentives for recruitment and retention of health 
          care professionals.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Mental health assessments for members of the Armed Forces 
          deployed in support of a contingency operation.
Sec. 703. Behavioral health support for members of the reserve 
          components of the Armed Forces.
Sec. 704. Provision of food to certain members and dependents not 
          receiving inpatient care in military medical treatment 
          facilities.
Sec. 705. Travel for anesthesia services for childbirth for command-
          sponsored dependents of members assigned to remote locations 
          outside the continental United States.
Sec. 706. Transitional health benefits for certain members with 
          extension of active duty following active duty in support of a 
          contingency operation.
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior 
          Act.
Sec. 708. Transition enrollment of uniformed services family health plan 
          medicare-eligible retirees to TRICARE for life.

                 Subtitle B--Health Care Administration

Sec. 711. Codification and improvement of procedures for mental health 
          evaluations for members of the Armed Forces.
Sec. 712. Extension of time limit for submittal of claims under the 
          TRICARE program for care provided outside the United States.
Sec. 713. Expansion of State licensure exception for certain health care 
          professionals.
Sec. 714. Clarification on confidentiality of medical quality assurance 
          records.
Sec. 715. Maintenance of the adequacy of provider networks under the 
          TRICARE program.
Sec. 716. Review of the administration of the military health system.
Sec. 717. Limitation on availability of funds for the future electronic 
          health records program.

                  Subtitle C--Reports and Other Matters

Sec. 721. Modification of authorities on surveys on continued viability 
          of TRICARE Standard and TRICARE Extra.
Sec. 722. Treatment of wounded warriors.
Sec. 723. Report on research and treatment of post-traumatic stress 
          disorder.
Sec. 724. Report on memorandum regarding traumatic brain injuries.
Sec. 725. Comptroller General report on women-specific health services 
          and treatment for female members of the Armed Forces.
Sec. 726. Comptroller General report on contract health care staffing 
          for military medical treatment facilities.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Requirements relating to core depot-level maintenance and 
          repair capabilities for Milestone A and Milestone B and 
          elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support 
          contractors.
Sec. 803. Extension of applicability of the senior executive benchmark 
          compensation amount for purposes of allowable cost limitations 
          under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition 
          Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past 
          performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board 
          Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for 
          contract services.
Sec. 809. Annual report on single-award task and delivery order 
          contracts.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Calculation of time period relating to report on critical 
          changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition 
          Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and 
          delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase 
          right-hand drive passenger sedan vehicles and adjustment of 
          threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data 
          restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor 
          business systems.
Sec. 817. Compliance with defense procurement requirements for purposes 
          of internal controls of non-defense agencies for procurements 
          on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems 
          Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of 
          Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from 
          American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon 
          fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. 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. 832. Assessment, management, and control of operating and support 
          costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets 
          for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of 
          manufacturing risk in major defense acquisition programs.
Sec. 835. Management of developmental test and evaluation for major 
          defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon 
          systems to be procured under cooperative projects with 
          friendly foreign countries.
Sec. 837. Competition in maintenance and sustainment of subsystems of 
          major weapon systems.
Sec. 838. Oversight of and reporting requirements with respect to 
          Evolved Expendable Launch Vehicle program.
Sec. 839. Implementation of acquisition strategy for Evolved Expendable 
          Launch Vehicle.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency 
                    Operations in Iraq or Afghanistan

Sec. 841. Prohibition on contracting with the enemy in the United States 
          Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in 
          the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring 
          Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services 
          in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition 
          and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent 
          operational needs.

               Subtitle E--Defense Industrial Base Matters

Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial 
          base.
Sec. 853. Assessment of feasability and advisability of establishment of 
          rare earth material inventory.
Sec. 854. Department of Defense assessment of industrial base for night 
          vision image intensification sensors.
Sec. 855. Technical amendment relating to responsibilities of Deputy 
          Assistant Secretary of Defense for Manufacturing and 
          Industrial Base Policy.

                        Subtitle F--Other Matters

Sec. 861. Clarification of jurisdiction of the United States district 
          courts to hear bid protest disputes involving maritime 
          contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering, 
          and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the 
          Department of Defense for multiyear contracts for the purchase 
          of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 865. 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. 866. Three-year extension of test program for negotiation of 
          comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege 
          Program.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Revision of defense business systems requirements.
Sec. 902. Qualifications for appointments to the position of Deputy 
          Secretary of Defense.
Sec. 903. Designation of Department of Defense senior official with 
          principal responsibility for airship programs.
Sec. 904. Memoranda of agreement on identification and dedication of 
          enabling capabilities of general purpose forces to fulfill 
          certain requirements of special operations forces.
Sec. 905. Assessment of Department of Defense access to non-United 
          States citizens with scientific and technical expertise vital 
          to the national security interests.
Sec. 906. Sense of Congress on use of modeling and simulation in 
          Department of Defense activities.
Sec. 907. Sense of Congress on ties between Joint Warfighting and 
          Coalition Center and Allied Command Transformation of NATO.
Sec. 908. Report on effects of planned reductions of personnel at the 
          Joint Warfare Analysis Center on personnel skills.

                      Subtitle B--Space Activities

Sec. 911. Harmful interference to Department of Defense Global 
          Positioning System.
Sec. 912. Authority to designate increments or blocks of satellites as 
          major subprograms subject to acquisition reporting 
          requirements.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Report on implementation of recommendations by the Comptroller 
          General on intelligence information sharing.
Sec. 922. Insider threat detection.
Sec. 923. Expansion of authority for exchanges of mapping, charting, and 
          geodetic data to include nongovernmental organizations and 
          academic institutions.
Sec. 924. Ozone Widget Framework.
Sec. 925. Plan for incorporation of enterprise query and correlation 
          capability into the Defense Intelligence Information 
          Enterprise.
Sec. 926. Facilities for intelligence collection or special operations 
          activities abroad.

                   Subtitle D--Total Force Management

Sec. 931. General policy for total force management.
Sec. 932. Revisions to Department of Defense civilian personnel 
          management constraints.
Sec. 933. Additional amendments relating to total force management.
Sec. 934. Modifications of annual defense manpower requirements report.
Sec. 935. Revisions to strategic workforce plan.
Sec. 936. Amendments to requirement for inventory of contracts for 
          services.
Sec. 937. Preliminary planning and duration of public-private 
          competitions.
Sec. 938. Conversion of certain functions from contractor performance to 
          performance by Department of Defense civilian employees.

     Subtitle E--Quadrennial Roles and Missions and Related Matters

Sec. 941. Chairman of the Joint Chiefs of Staff assessment of 
          contingency plans.
Sec. 942. Quadrennial defense review.

                        Subtitle F--Other Matters

Sec. 951. Activities to improve multilateral, bilateral, and regional 
          cooperation regarding cybersecurity.
Sec. 952. Report on United States Special Operations Command structure.
Sec. 953. Strategy to acquire capabilities to detect previously unknown 
          cyber attacks.
Sec. 954. Military activities in cyberspace.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Additional requirements relating to the development of the 
          Financial Improvement and Audit Readiness Plan.
Sec. 1003A. Display of procurement of equipment for the reserve 
          components of the Armed Forces under estimated expenditures 
          for procurement in future-years defense programs.

                   Subtitle B--Counter-Drug Activities

Sec. 1004. Extension of authority for joint task forces to provide 
          support to law enforcement agencies conducting counter-
          terrorism activities.
Sec. 1005. Three-year extension and modification of authority of 
          Department of Defense to provide additional support for 
          counterdrug activities of other governmental agencies.
Sec. 1006. Two-year extension and expansion of authority to provide 
          additional support for counter-drug activities of certain 
          foreign governments.
Sec. 1007. Extension of authority to support unified counter-drug and 
          counterterrorism campaign in Colombia.
Sec. 1008. Reporting requirement on expenditures to support foreign 
          counter-drug activities.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1011. Budgeting for construction of naval vessels.
Sec. 1012. Sense of Congress on naming of Naval vessel after United 
          States Marine Corps Sergeant Rafael Peralta.
Sec. 1013. Limitation on availability of funds for placing Maritime 
          Prepositioning Ship squadrons on reduced operating status.
Sec. 1014. Report on policies and practices of the Navy for naming the 
          vessels of the Navy.
Sec. 1015. Transfer of certain high-speed ferries to the Navy.
Sec. 1016. Modification of conditions on status of retired aircraft 
          carrier ex-John F. Kennedy.
Sec. 1017. Assessment of stationing of additional DDG-51 class 
          destroyers at Naval Station Mayport, Florida.

                      Subtitle D--Counterterrorism

Sec. 1021. 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. 1022. Military custody for foreign al-Qaeda terrorists.
Sec. 1023. Procedures for periodic detention review of individuals 
          detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1024. Procedures for status determinations.
Sec. 1025. Requirement for national security protocols governing 
          detainee communications.
Sec. 1026. 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. 1027. Prohibition on the use of funds for the transfer or release 
          of individuals detained at United States Naval Station, 
          Guantanamo Bay, Cuba.
Sec. 1028. 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. 1029. Requirement for consultation regarding prosecution of 
          terrorists.
Sec. 1030. Clarification of right to plead guilty in trial of capital 
          offense by military commission.
Sec. 1031. Counterterrorism operational briefing requirement.
Sec. 1032. National security planning guidance to deny safe havens to 
          al-Qaeda and its violent extremist affiliates.
Sec. 1033. Extension of authority to make rewards for combating 
          terrorism.
Sec. 1034. Amendments relating to the Military Commissions Act of 2009.

                       Subtitle E--Nuclear Forces

Sec. 1041. Biennial assessment and report on the delivery platforms for 
          nuclear weapons and the nuclear command and control system.
Sec. 1042. Plan on implementation of the New START Treaty.
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, 
          nuclear weapons complex, nuclear weapons delivery systems, and 
          nuclear weapons command and control system.
Sec. 1044. Sense of Congress on nuclear force reductions.
Sec. 1045. Nuclear force reductions.
Sec. 1046. Nuclear employment strategy of the United States.
Sec. 1047. Comptroller General report on nuclear weapon capabilities and 
          force structure requirements.
Sec. 1048. Report on feasibility of joint replacement fuze program.

                    Subtitle F--Financial Management

Sec. 1051. Modification of authorities on certification and credential 
          standards for financial management positions in the Department 
          of Defense.
Sec. 1052. Reliability of Department of Defense financial statements.
Sec. 1053. Inclusion of plan on the financial management workforce in 
          the strategic workforce plan of the Department of Defense.
Sec. 1054. Tracking implementation of Department of Defense 
          efficiencies.

      Subtitle G--Repeal and Modification 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.
Sec. 1064. Modification of reporting requirements under title 10, United 
          States Code.
Sec. 1065. Modification of reporting requirements under other titles of 
          the United States Code.
Sec. 1066. Modification of reporting requirements under annual defense 
          authorization acts.
Sec. 1067. Modification of reporting requirements under other laws.

                     Subtitle H--Studies and Reports

Sec. 1068. Transmission of reports in electronic format.
Sec. 1069. Modifications to annual aircraft procurement plan.
Sec. 1070. Change of deadline for annual report to Congress on National 
          Guard and reserve component equipment.
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear 
          weapons, and related programs in non-nuclear weapons states 
          and countries not parties to the nuclear non-proliferation 
          treaty, and certain foreign persons.
Sec. 1072. Implementation plan for whole-of-government vision prescribed 
          in the National Security Strategy.
Sec. 1073. Reports on resolution restrictions on the commercial sale or 
          dissemination of eletro-optical imagery collected by 
          satellites.
Sec. 1074. Report on integration of unmanned aerial systems into the 
          national airspace system.
Sec. 1075. Report on feasibility of using unmanned aerial systems to 
          perform airborne inspection of navigational aids in foreign 
          airspace.
Sec. 1076. Comptroller General review of medical research and 
          development relating to improved combat casualty care.
Sec. 1077. Reports to Congress on the modification of the force 
          structure for the strategic nuclear weapons delivery systems 
          of the United States.
Sec. 1078. Comptroller General of the United States reports on the major 
          automated information system programs of the Department of 
          Defense.
Sec. 1079. Report on Defense Department analytic capabilities regarding 
          foreign ballistic missile threats.
Sec. 1080. Report on approval and implementation of Air Sea Battle 
          Concept.
Sec. 1080A. Report on costs of units of the reserve components and the 
          active components of the Armed Forces.

          Subtitle I--Miscellaneous Authorities and Limitations

Sec. 1081. Authority for assignment of civilian employees of the 
          Department of Defense as advisors to foreign ministries of 
          defense.
Sec. 1082. Exemption from Freedom of Information Act for data files of 
          the military flight operations quality assurance systems of 
          the military departments.
Sec. 1083. Limitation on procurement and fielding of light attack armed 
          reconnaissance aircraft.
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low 
          rate initial production at certain prototype integration 
          facilities.
Sec. 1085. Use of State Partnership Program funds for certain purposes.

                        Subtitle J--Other Matters

Sec. 1086. Redesignation of psychological operations as military 
          information support operations in title 10, United States 
          Code, to conform to Department of Defense usage.
Sec. 1087. Termination of requirement for appointment of civilian 
          members of National Security Education Board by and with the 
          advice and consent of the Senate.
Sec. 1088. Sense of Congress on application of moratorium on earmarks to 
          this Act.
Sec. 1089. Technical amendment.
Sec. 1090. Cybersecurity collaboration between the Department of Defense 
          and the Department of Homeland Security.
Sec. 1091. Treatment under Freedom of Information Act of certain 
          Department of Defense critical infrastructure security 
          information.
Sec. 1092. Expansion of scope of humanitarian demining assistance 
          program to include stockpiled conventional munitions 
          assistance.
Sec. 1093. Number of Navy carrier air wings and carrier air wing 
          headquarters.
Sec. 1094. Display of annual budget requirements for organizational 
          clothing and individual equipment.
Sec. 1095. National Rocket Propulsion Strategy.
Sec. 1096. Grants to certain regulated companies for specified energy 
          property not subject to normalization rules.
Sec. 1097. Unmanned aerial systems and national airspace.
Sec. 1098. 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.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Amendments to Department of Defense personnel authorities.
Sec. 1102. Provisions relating to the Department of Defense performance 
          management system.
Sec. 1103. Repeal of sunset provision relating to direct hire authority 
          at demonstration laboratories.
Sec. 1104. One-year extension of authority to waive annual limitation on 
          premium pay and aggregate limitation on pay for Federal 
          civilian employees working overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum-age limit for certain 
          appointments.
Sec. 1108. Sense of Congress relating to pay parity for Federal 
          employees serving at certain remote military installations.
Sec. 1109. Federal internship programs.
Sec. 1110. Extension and expansion of experimental personnel program for 
          scientific and technical personnel.
Sec. 1111. Authority of the Secretaries of the military departments to 
          employ up to 10 persons without pay.
Sec. 1112. Two-year extension of discretionary authority to grant 
          allowances, benefits, and gratuities to personnel on official 
          duty in a combat zone.

                        Subtitle B--Other Matters

Sec. 1121. Modification of beneficiary designation authorities for death 
          gratuity payable upon death of a United States Government 
          employee in service with the Armed Forces.
Sec. 1122. Authority for waiver of recovery of certain payments 
          previously made under civilian employees voluntary separation 
          incentive program.
Sec. 1123. Extension of continued health benefits.
Sec. 1124. Disclosure of senior mentors.
Sec. 1125. Termination of Joint Safety Climate Assessment System.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Commanders' Emergency Response Program in Afghanistan.
Sec. 1202. Three-year extension of temporary authority to use 
          acquisition and cross-servicing agreements to lend military 
          equipment for personnel protection and survivability.
Sec. 1203. Extension and expansion of authority for support of special 
          operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to program 
          to build the capacity of foreign military forces.
Sec. 1205. Two-year extension of authorization for non-conventional 
          assisted recovery capabilities.
Sec. 1206. Support of foreign forces participating in operations to 
          disarm the Lord's Resistance Army.
Sec. 1207. Global Security Contingency Fund.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Extension and modification of logistical support for 
          coalition forces supporting operations in Iraq and 
          Afghanistan.
Sec. 1212. One-year extension of authority to transfer defense articles 
          and provide defense services to the military and security 
          forces of Iraq and Afghanistan.
Sec. 1213. One-year extension of authority for reimbursement of certain 
          coalition nations for support provided to United States 
          military operations.
Sec. 1214. Limitation on funds to establish permanent military 
          installations or bases in Iraq and Afghanistan.
Sec. 1215. Authority to support operations and activities of the Office 
          of Security Cooperation in Iraq.
Sec. 1216. One-year extension of authority to use funds for 
          reintegration activities in Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out 
          infrastructure projects in Afghanistan.
Sec. 1218. Two-year extension of certain reports on Afghanistan.
Sec. 1219. Limitation on availability of amounts for reintegration 
          activities in Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency 
          Fund.
Sec. 1221. Benchmarks to evaluate the progress being made toward the 
          transition of security responsibilities for Afghanistan to the 
          Government of Afghanistan.

                  Subtitle C--Reports and Other Matters

Sec. 1231. Report on Coalition Support Fund reimbursements to the 
          Government of Pakistan for operations conducted in support of 
          Operation Enduring Freedom.
Sec. 1232. Review and report on Iran's and China's conventional and 
          anti-access capabilities.
Sec. 1233. Report on energy security of the NATO alliance.
Sec. 1234. Comptroller General of the United States report on the 
          National Guard State Partnership Program.
Sec. 1235. Man-portable air-defense systems originating from Libya.
Sec. 1236. Report on military and security developments involving the 
          Democratic People's Republic of Korea.
Sec. 1237. Sense of Congress on non-strategic nuclear weapons and 
          extended deterrence policy.
Sec. 1238. Annual report on military and security developments involving 
          the People's Republic of China.
Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet 
          Pilot Training program.
Sec. 1240. Report on Russian nuclear forces.
Sec. 1241. Report on progress of the African Union in operationalizing 
          the African Standby Force.
Sec. 1242. Defense cooperation with Republic of Georgia.
Sec. 1243. Prohibition on procurements from Communist Chinese military 
          companies.
Sec. 1244. Sharing of classified United States ballistic missile defense 
          information with the Russian Federation.
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 availability of funds for cooperative 
          biological engagement program.
Sec. 1304. 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. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously 
          authorized disposals from the National Defense Stockpile.

                        Subtitle C--Other Matters

Sec. 1421. Authorization of appropriations for Armed Forces Retirement 
          Home.
Sec. 1422. 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 ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

         Subtitle A--Authorization of Additional 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--Limitations and Other Matters

Sec. 1531. Joint Improvised Explosive Device Defeat Fund.
Sec. 1532. Continuation of prohibition on use of United States funds for 
          certain facilities projects in Iraq.
Sec. 1533. Availability of funds in Afghanistan Security Forces Fund.
Sec. 1534. One-year extension of project authority and related 
          requirements of Task Force for Business and Stability 
          Operations in Afghanistan.
Sec. 1535. Limitation on availability of funds for Trans Regional Web 
          Initiative.
Sec. 1536. Report on lessons learned from Department of Defense 
          participation on interagency teams for counterterrorism 
          operations in Afghanistan and Iraq.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
          specified by law.

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

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. Tour normalization.
Sec. 2112. Technical amendments to correct certain project 
          specifications.
Sec. 2113. Reduction of Army military construction authorization.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

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. Guam realignment.
Sec. 2208. Reduction of Navy military construction authorization.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

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 MILITARY CONSTRUCTION

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized defense agencies construction and land acquisition 
          projects.
Sec. 2402. Authorized 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.

                        Subtitle C--Other Matters

Sec. 2421. 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

 Subtitle A--Project Authorizations and Authorization of Appropriations

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.

                        Subtitle B--Other Matters

Sec. 2611. Extension of authorization of certain fiscal year 2008 
          project.
Sec. 2612. Extension of authorizations of certain fiscal year 2009 
          projects.
Sec. 2613. Modification of authority to carry out certain fiscal year 
          2008 and 2009 projects.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE 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. Authority to complete specific base closure and realignment 
          recommendations.
Sec. 2704. Special considerations related to transportation 
          infrastructure in consideration and selection of military 
          installations for closure or realignment.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing 
                                 Changes

Sec. 2801. Prohibition on use of any cost-plus system of contracting for 
          military construction and military family housing projects.
Sec. 2802. Modification of authority to carry out unspecified minor 
          military construction projects.
Sec. 2803. Protections for suppliers of labor and materials under 
          contracts for military construction projects and military 
          family housing projects.
Sec. 2804. Extension of temporary, limited authority to use operation 
          and maintenance funds for construction projects outside the 
          United States.
Sec. 2805. General military construction transfer authority.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of authority to use Pentagon Reservation 
          Maintenance Revolving Fund for minor construction and 
          alteration activities at Pentagon Reservation.
Sec. 2812. Reporting requirements related to the granting of easements.
Sec. 2813. Limitations on use or development of property in Clear Zone 
          Areas and clarification of authority to limit encroachments.
Sec. 2814. Department of Defense conservation and cultural activities.
Sec. 2815. Exchange of property at military installations.
Sec. 2816. Defense access road program enhancements to address 
          transportation infrastructure in vicinity of military 
          installations.

                       Subtitle C--Energy Security

Sec. 2821. Consolidation of definitions used in energy security chapter.
Sec. 2822. Consideration of energy security in developing energy 
          projects on military installations using renewable energy 
          sources.
Sec. 2823. Establishment of interim objective for Department of Defense 
          2025 renewable energy goal.
Sec. 2824. Use of centralized purchasing agents for renewable energy 
          certificates to reduce cost of facility energy projects using 
          renewable energy sources and improve efficiencies.
Sec. 2825. Identification of energy-efficient products for use in 
          construction, repair, or renovation of Department of Defense 
          facilities.
Sec. 2826. Submission of annual Department of Defense energy management 
          reports.
Sec. 2827. Requirement for Department of Defense to capture and track 
          data generated in metering Department facilities.
Sec. 2828. Metering of Navy piers to accurately measure energy 
          consumption.
Sec. 2829. Training policy for Department of Defense energy managers.
Sec. 2830. Report on energy-efficiency standards and prohibition on use 
          of funds for Leadership in Energy and Environmental Design 
          gold or platinum certification.

           Subtitle D--Provisions Related to Guam Realignment

Sec. 2841. Certification of medical care coverage for H-2B temporary 
          workforce on military construction projects on Guam.
Sec. 2842. Repeal of condition on use of specific utility conveyance 
          authority regarding Guam integrated water and wastewater 
          treatment system.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf 
          Richardson, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, 
          Arkansas.
Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and 
          Ohana Nui areas, Hawaii.
Sec. 2854. Land exchange, Fort Bliss Texas.
Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah.

                        Subtitle F--Other Matters

Sec. 2861. Redesignation of Industrial College of the Armed Forces as 
          the Dwight D. Eisenhower School for National Security and 
          Resource Strategy.
Sec. 2862. Redesignation of Mike O'Callaghan Federal Hospital in Nevada 
          as Mike O'Callaghan Federal Medical Center.
Sec. 2863. Prohibition on naming Department of Defense real property 
          after a Member of Congress.
Sec. 2864. Notifications of reductions in number of members of the Armed 
          Forces assigned to permanent duty at a military installation.
Sec. 2865. Investment plan for the modernization of public shipyards 
          under jurisdiction of Department of the Navy.
Sec. 2866. Report on the Homeowners Assistance Program.
Sec. 2867. Data servers and centers.

 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. Limitation on availability of funds for establishment of 
          centers of excellence on nuclear security outside of the 
          former Soviet Union.
Sec. 3112. Aircraft procurement.
Sec. 3113. Hanford waste tank cleanup program reforms.
Sec. 3114. Recognition and status of National Atomic Testing Museum.

                           Subtitle C--Reports

Sec. 3121. Repeal of certain report requirements.
Sec. 3122. Progress on nuclear nonproliferation.
Sec. 3123. Reports on role of nuclear security complex sites and 
          potential efficiencies.
Sec. 3124. Net assessment of high-performance computing capabilities of 
          foreign countries.
Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear 
          reactor technology.

                        Subtitle D--Other Matters

Sec. 3131. Sense of Congress on the use of savings from excess amounts 
          for certain pension plan contributions.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects 
          of the merchant marine for fiscal year 2012.
Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force 
          vessels.
Sec. 3503. Recruitment authority.
Sec. 3504. Ship scrapping reporting requirement.

                       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--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

                     TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

                    TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

                DIVISION E--SBIR AND STTR REAUTHORIZATION

                    TITLE L--SHORT TITLE; DEFINITIONS

Sec. 5001. Short title.
Sec. 5002. Definitions.

                 TITLE LI--SBIR AND STTR REAUTHORIZATION

        Subtitle A--Reauthorization of the SBIR and STTR Programs

Sec. 5101. Extension of termination dates.
Sec. 5102. SBIR and STTR allocation increase.
Sec. 5103. SBIR and STTR award levels.
Sec. 5104. Agency and program flexibility.
Sec. 5105. Elimination of Phase II invitations.
Sec. 5106. Pilot to allow phase flexibility.
Sec. 5107. Participation by firms with substantial investment from 
          multiple venture capital operating companies, hedge funds, or 
          private equity firms in a portion of the SBIR program.
Sec. 5108. SBIR and STTR special acquisition preference.
Sec. 5109. Collaborating with Federal laboratories and research and 
          development centers.
Sec. 5110. Notice requirement.
Sec. 5111. Additional SBIR and STTR awards.

         Subtitle B--Outreach and Commercialization Initiatives

Sec. 5121. Technical assistance for awardees.
Sec. 5122. Commercialization Readiness Program at Department of Defense.
Sec. 5123. Commercialization Readiness Pilot Program for civilian 
          agencies.
Sec. 5124. Interagency Policy Committee.
Sec. 5125. Clarifying the definition of ``Phase III''.
Sec. 5126. Shortened period for final decisions on proposals and 
          applications.
Sec. 5127. Phase 0 Proof of Concept Partnership pilot program.

                  Subtitle C--Oversight and Evaluation

Sec. 5131. Streamlining annual evaluation requirements.
Sec. 5132. Data collection from agencies for SBIR.
Sec. 5133. Data collection from agencies for STTR.
Sec. 5134. Public database.
Sec. 5135. Government database.
Sec. 5136. Accuracy in funding base calculations.
Sec. 5137. Continued evaluation by the National Academy of Sciences.
Sec. 5138. Technology insertion reporting requirements.
Sec. 5139. Intellectual property protections.
Sec. 5140. Obtaining consent from SBIR and STTR applicants to release 
          contact information to economic development organizations.
Sec. 5141. Pilot to allow funding for administrative, oversight, and 
          contract processing costs.
Sec. 5142. GAO study with respect to venture capital operating company, 
          hedge fund, and private equity firm involvement.
Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud, 
          waste, and abuse.
Sec. 5144. Simplified paperwork requirements.

                      Subtitle D--Policy Directives

Sec. 5151. Conforming amendments to the SBIR and the STTR Policy 
          Directives.

                      Subtitle E--Other Provisions

Sec. 5161. Report on SBIR and STTR program goals.
Sec. 5162. Competitive selection procedures for SBIR and STTR programs.
Sec. 5163. Loan restrictions.
Sec. 5164. Limitation on pilot programs.
Sec. 5165. Commercialization success.
Sec. 5166. Publication of certain information.
Sec. 5167. Report on enhancement of manufacturing activities.
Sec. 5168. Coordination of the SBIR program and the Experimental Program 
          to Stimulate Competitive Research.
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.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/
          HH-60M helicopters and Navy MH-60R/MH-60S helicopters.

                        Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and 
          common cockpits for Navy MH-60R/S helicopters.
Sec. 122. Separate procurement line item for certain Littoral Combat 
          Ship mission modules.
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance 
          and sustainability plans for the Littoral Combat Ship program.
Sec. 124. Extension of Ford-class aircraft carrier construction 
          authority.

                     Subtitle D--Air Force Programs

Sec. 131. Strategic airlift aircraft force structure.
Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Availability of fiscal year 2011 funds for research and 
          development relating to the B-2 bomber aircraft.
Sec. 135. Availability of fiscal year 2011 funds to support alternative 
          options for extremely high frequency terminal Increment 1 
          program of record.
Sec. 136. Procurement of advanced extremely high frequency satellites.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on availability of funds for acquisition of joint 
          tactical radio system.
Sec. 142. Limitation on availability of funds for Aviation Foreign 
          Internal Defense program.
Sec. 143. F-35 Joint Strike Fighter aircraft.
Sec. 144. Additional oversight requirements for the undersea mobility 
          acquisition program of the United States Special Operations 
          Command.
Sec. 145. Inclusion of information on approved Combat Mission 
          Requirements in quarterly reports on use of Combat Mission 
          Requirement funds.
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-
          engining program.
Sec. 147. Authority for exchange with United Kingdom of specified F-35 
          Lightning II Joint Strike Fighter aircraft.
Sec. 148. Report on probationary period in development of short take-
          off, vertical landing variant of the Joint Strike Fighter.
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform 
          Act of 2009 measures within the Joint Strike Fighter aircraft 
          program.

              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--Army Programs

    SEC. 111. LIMITATION ON PROCUREMENT OF STRYKER COMBAT VEHICLES.
    (a) Limitation.--Except as provided by subsection (b), of the funds 
authorized to be appropriated by this Act or otherwise made available 
for fiscal year 2012 for weapons and tracked combat vehicles, Army, the 
Secretary of the Army may not procure more than 100 Stryker combat 
vehicles.
    (b) Waiver.--The Secretary of the Army may waive the limitation 
under subsection (a) if the Secretary submits to the congressional 
defense committees written certification by the Assistant Secretary of 
the Army for Acquisition, Technology, and Logistics that--
        (1) there are validated needs of the Army requiring the waiver;
        (2) all Stryker combat vehicles required to fully equip the 
    nine Stryker brigades and to meet other validated requirements 
    regarding the vehicle have been procured or placed on contract for 
    procurement;
        (3) the size of the Stryker combat vehicle fleet not assigned 
    directly to Stryker brigade combat teams is essential to 
    maintaining the readiness of Stryker brigade combat teams; and
        (4) with respect to the Stryker combat vehicles planned to be 
    procured pursuant to the waiver, cost estimates are complete for 
    the long-term sustainment of the vehicles.
    SEC. 112. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.
    (a) In General.--Upon determining to retire a C-23 aircraft for 
which there has been no previously agreed upon transfer of title for 
such aircraft as of the date of the enactment of this Act, 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) 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.
    (d) Airlift Study and Report.--
        (1) Study.--Not later than one year after the date of the 
    enactment of this Act, the Secretary of the Air Force, in 
    consultation with the Secretary of the Army, the Director of the 
    National Guard Bureau, each supported commander of a combatant 
    command, and the Administrator of the Federal Emergency Management 
    Agency, shall conduct a study to determine the number of fixed-wing 
    and rotary-wing aircraft required to support the following titles 
    10 and 32, United States Code, missions at low, medium, moderate, 
    high, and very-high levels of operational risk:
            (A) Homeland defense.
            (B) Time sensitive, direct support to forces consisting of 
        the regular component of the Army and the National Guard.
            (C) Disaster response.
            (D) Humanitarian assistance.
        (2) Report.--The Secretary shall submit to the congressional 
    defense committees a report containing the study under paragraph 
    (1).
    (e) GAO Sufficiency Review.--
        (1) Review.--The Comptroller General of the United States shall 
    conduct a sufficiency review of the study under subsection (d)(1).
        (2) Report.--The Comptroller General shall submit to the 
    congressional defense committees a report containing the review 
    under paragraph (1).
    SEC. 113. 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/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--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 one or more multiyear 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.
    SEC. 122. SEPARATE PROCUREMENT LINE ITEM FOR CERTAIN LITTORAL 
      COMBAT SHIP MISSION MODULES.
    (a) In General.--In the budget materials submitted to the President 
by the Secretary of Defense in connection with the submission to 
Congress, pursuant to section 1105 of title 31, United States Code, of 
the budget for fiscal year 2013, and each subsequent fiscal year, the 
Secretary shall ensure that a separate, dedicated procurement line item 
is designated for each covered module that includes the quantity and 
cost of each such module requested.
    (b) Form.--The Secretary shall ensure that any classified 
components of covered modules not included in a procurement line item 
under subsection (a) shall be included in a classified annex.
    (c) Covered Module.--In this section, the term ``covered module'' 
means, with respect to mission modules of the Littoral Combat Ship, the 
following modules:
        (1) Surface warfare.
        (2) Mine countermeasures.
        (3) Anti-submarine warfare.
    SEC. 123. LIFE-CYCLE COST-BENEFIT ANALYSIS ON ALTERNATIVE 
      MAINTENANCE AND SUSTAINABILITY PLANS FOR THE LITTORAL COMBAT SHIP 
      PROGRAM.
    (a) Cost-benefit Analysis.--The Secretary of the Navy shall conduct 
a life-cycle cost-benefit analysis, in accordance with the Office of 
Management and Budget Circular A-94, comparing alternative maintenance 
and sustainability plans for the Littoral Combat Ship program.
    (b) Report.--At the same time that the budget of the President is 
submitted to Congress under section 1105(a) of title 31, United States 
Code, for fiscal year 2013, the Secretary of the Navy shall submit to 
the congressional defense committees a report on the cost-benefit 
analysis conducted under subsection (a).
    SEC. 124. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUCTION 
      AUTHORITY.
    Section 121(a) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104) is 
amended by striking ``three fiscal years'' and inserting ``four fiscal 
years''.

                     Subtitle D--Air Force Programs

    SEC. 131. 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. 132. 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 to retire any B-1 bomber aircraft 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).
    (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 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) Post-plan B-1 Retirement.--
        (1) In general.--During the period described by paragraph (4), 
    the Secretary of the Air Force shall maintain in a common 
    capability configuration not less than 36 B-1 aircraft as combat-
    coded aircraft.
        (2) FY 2014 and thereafter.--After the period described in 
    paragraph (4), the Secretary shall maintain not less than--
            (A) 35 B-1 aircraft as combat-coded aircraft in a common 
        capability configuration until September 30, 2014;
            (B) 34 such aircraft as combat-coded aircraft in a common 
        capability configuration until September 30, 2015; and
            (C) 33 such aircraft as combat-coded aircraft in a common 
        capability configuration until September 30, 2016.
        (3) Total amount of retired b-1 aircraft.--The Secretary may 
    not retire more than a total of six B-1 aircraft, including the B-1 
    aircraft retired in accordance with this subsection.
        (4) Period described.--The period described in this paragraph 
    is the period beginning on the date on which the plan described in 
    subsection (b) is submitted to the congressional defense committees 
    and ending on September 30, 2013.
        (5) Combat-coded aircraft defined.--In this subsection, the 
    term ``combat-coded aircraft'' means aircraft assigned to meet the 
    primary aircraft authorization to a unit for the performance of its 
    wartime mission.
    SEC. 133. 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--
        (1) 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; and
        (2) the Chairman of the Joint Requirements Oversight Council 
    certifies in writing to the appropriate committees of Congress that 
    the capability to be fielded at the same time or before the U-2 
    aircraft retirement would result in equal or greater capability 
    available to the commanders of the combatant commands.
    (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. 134. 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 may 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. 135. 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 modifications, post-production support, and other 
charges, $15,000,000 may 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 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 plan 
to provide an extremely high frequency terminal for secure protected 
communications for the B-2 bomber aircraft and other aircraft.
    SEC. 136. 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. Such procurement may also include--
            (A) material and equipment in economic order quantities 
        when cost savings are achievable; and
            (B) cost reduction initiatives.
        (2) Use of incremental funding.--With respect to a contract 
    entered into under paragraph (1) for the procurement of advanced 
    extremely high frequency satellites, the Secretary may use 
    incremental funding for a period not to exceed six fiscal years.
        (3) Liability.--A contract entered into under paragraph (1) 
    shall provide that any obligation of the United States to make a 
    payment under the contract is subject to the availability of 
    appropriations for that purpose, and that the total liability to 
    the Government for termination of any contract entered into shall 
    be limited to the total amount of funding obligated at the time of 
    termination.
    (b) Limitation of Costs.--
        (1) Limitation.--Except as provided by 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 support costs.
            (D) Technical support for obsolescence studies.
    (c) Waiver and Adjustment to Limitation Amount.--
        (1) Waiver.--In accordance with paragraph (2), the Secretary 
    may waive the limitation in subsection (b)(1) if the Secretary 
    submits to the congressional defense committees written 
    notification of the adjustment made to the amount set forth in such 
    subsection.
        (2) Adjustment.--Upon waiving the limitation under paragraph 
    (1), the Secretary may adjust the amount set forth in subsection 
    (b)(1) by the following:
            (A) The amounts of increases or decreases in costs 
        attributable to economic inflation after September 30, 2011.
            (B) The amounts of increases or decreases in costs 
        attributable to compliance with changes in Federal, State, or 
        local laws enacted after September 30, 2011.
            (C) The amounts of increases or decreases in costs of the 
        satellites that are attributable to insertion of new technology 
        into an advanced extremely high frequency satellite, as 
        compared to the technology built into such a satellite procured 
        prior to fiscal year 2012, if the Secretary determines, and 
        certifies to the congressional defense committees, that 
        insertion of the new technology 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 national security.
    (d) 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.
    (e) Report.--Not later than 30 days after the date on which the 
Secretary awards a contract under subsection (a), the Secretary shall 
submit to the congressional defense committees a report on such 
contract, including the following:
        (1) The total cost savings resulting from the authority 
    provided by subsection (a).
        (2) The type and duration of the contract awarded.
        (3) The total contract value.
        (4) The funding profile by year.
        (5) 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.
        (6) A plan for using cost savings described in paragraph (1) to 
    improve the capability of military satellite communications, 
    including a description of--
            (A) the available funds, by year, resulting from such cost 
        savings;
            (B) the specific activities or subprograms to be funded by 
        such cost savings and the funds, by year, allocated to each 
        such activity or subprogram;
            (C) the objectives for each such activity or subprogram and 
        the criteria used by the Secretary to determine which such 
        activity or subprogram to fund;
            (D) the method in which such activities or subprograms will 
        be awarded, including whether it will be on a competitive 
        basis; and
            (E) 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.
    (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.

               Subtitle E--Joint and Multiservice Matters

    SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OF 
      JOINT TACTICAL RADIO SYSTEM.
    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2012 for other 
procurement, Army, for covered programs of the joint tactical radio 
system, not more than 70 percent may be obligated or expended until the 
date on which the Secretary of the Army submits to the congressional 
defense committees written certification that the acquisition strategy 
for the full-rate production of covered programs of such radio system 
includes full and open competition (as defined in section 2302(3)(D) of 
title 10, United States Code) that includes commercially developed 
systems that the Secretary determines are qualified with respect to 
successful testing by the Army and certification by the National 
Security Agency.
    (b) LRIP.--The limitation under subsection (a) shall not apply to 
the low-rate initial production of covered programs.
    (c) Covered Programs.--In this section, the term ``covered 
programs'' means, with respect to the joint tactical radio system, the 
following:
        (1) The ground mobile radio.
        (2) The handheld, manpack, and small form fit.
    SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AVIATION FOREIGN 
      INTERNAL DEFENSE PROGRAM.
    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2012 for the 
procurement of fixed-wing non-standard aviation aircraft in support of 
the aviation foreign internal defense program, not more than 50 percent 
may be obligated or expended until the date that is 30 days after the 
date on which the Commander of the United States Special Operations 
Command submits the report under subsection (b)(1).
    (b) Report Required.--
        (1) Report.--Not later than March 15, 2012, the Commander of 
    the United States Special Operations Command shall submit to the 
    congressional defense committees a report on the aviation foreign 
    internal defense program.
        (2) Matters included.--The report under paragraph (1) shall 
    include the following:
            (A) An overall description of the program, including its 
        goals and proposed metrics of performance success.
            (B) The results of any analysis of alternatives and 
        efficiencies reviews for contracts awarded for the aviation 
        foreign internal defense program.
            (C) An assessment of the advantages and disadvantages of 
        procuring new aircraft, procuring used aircraft, or leasing 
        aircraft to meet mission requirements, including an explanation 
        of any efficiencies and savings.
            (D) A comprehensive strategy outlining and justifying the 
        overall projected growth of the aviation foreign internal 
        defense program to satisfy the increased requirements of the 
        commanders of the geographic combatant commands.
            (E) An examination of efficiencies that could be gained by 
        procuring platforms such as those being procured for light 
        mobility aircraft.
        (3) Form.--The report under paragraph (1) shall be submitted in 
    unclassified form, but may include a classified annex.
    SEC. 143. F-35 JOINT STRIKE FIGHTER AIRCRAFT.
    In entering into a contract for the procurement of aircraft for the 
sixth and all subsequent low-rate initial production contract lots 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. 144. ADDITIONAL OVERSIGHT REQUIREMENTS FOR THE UNDERSEA 
      MOBILITY ACQUISITION PROGRAM OF THE UNITED STATES SPECIAL 
      OPERATIONS COMMAND.
    (a) Limitation on Milestone B Decision.--The Commander of the 
United States Special Operations Command may not make any milestone B 
acquisition decisions with respect to a covered element until a 30-day 
period has elapsed after the date on which the Under Secretary of 
Defense for Acquisition, Technology, and Logistics--
        (1) conducts the assessment and determination under subsection 
    (b) for the covered element; and
        (2) submits to the congressional defense committees a report 
    including--
            (A) the determination of the Under Secretary with respect 
        to the appropriate acquisition category for the covered 
        element; and
            (B) the validated requirements, independent cost estimate, 
        test and evaluation master plan, and technology readiness 
        assessment described in paragraphs (1) through (4) of 
        subsection (b), respectively.
    (b) Assessment and Determination.--With respect to each covered 
element, the Under Secretary shall conduct an assessment and 
determination of whether to treat the covered element as a major 
defense acquisition program. Such assessment shall include--
        (1) a requirements validation by the Joint Requirements 
    Oversight Council;
        (2) an independent cost estimate prepared by the Director of 
    Cost Assessment and Program Evaluation;
        (3) a test and evaluation master plan reviewed by the Director 
    of Operational Test and Evaluation; and
        (4) a technology readiness assessment reviewed by the Assistant 
    Secretary of Defense for Research and Engineering.
    (c) Covered Element Defined.--In this section, the term ``covered 
element'' means any of the following elements of the undersea mobility 
acquisition program of the United States Special Operations Command:
        (1) The dry combat submersible-light program.
        (2) The dry combat submersible-medium program.
        (3) The next-generation submarine shelter program.
        (4) Any new dry combat submersible developed under the undersea 
    mobility acquisition program of the United States Special 
    Operations Command after the date of the enactment of this Act.
    SEC. 145. 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. 146. 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 in 
        the original budget lines.
            (C) A statement of the amount of such funds that were 
        reprogrammed or expired, and in which accounts.
    (b) Use of Funds.--The Secretary of the Air Force shall take 
appropriate actions to ensure that funds authorized to be appropriated 
by this Act for JSTARS aircraft, and any funds described by subsection 
(a)(2)(B), are obligated and expended for the purposes for which 
authorized and appropriated, including, but not limited to, the 
installation of one engine shipset on an operational JSTARS aircraft.
    SEC. 147. 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.
    SEC. 148. 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. 149. 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.

         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. Limitation on availability of funds for the ground combat 
          vehicle program.
Sec. 212. Limitation on the individual carbine program.
Sec. 213. Limitation on availability of funds for Future Unmanned 
          Carrier-based Strike System.
Sec. 214. Limitation on availability of funds for amphibious assault 
          vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the F-35 Lightning II 
          aircraft program.
Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber 
          aircraft extremely high frequency satellite communications 
          program.
Sec. 217. Limitation on availability of funds for the Joint Space 
          Operations Center management system.
Sec. 218. Limitation on availability of funds for wireless innovation 
          fund.
Sec. 219. Prohibition on delegation of budgeting authority for certain 
          research and educational programs.
Sec. 220. Designation of main propulsion turbomachinery of the next-
          generation long-range strike bomber aircraft as major 
          subprogram.
Sec. 221. Designation of electromagnetic aircraft launch system 
          development and procurement program as major subprogram.
Sec. 222. Advanced rotorcraft flight research and development.
Sec. 223. Preservation and storage of certain property related to F136 
          propulsion system.

                  Subtitle C--Missile Defense Programs

Sec. 231. Acquisition accountability reports on the ballistic missile 
          defense system.
Sec. 232. Comptroller General review and assessment of missile defense 
          acquisition programs.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense program.
Sec. 235. Limitation on availability of funds for the medium extended 
          air defense system.
Sec. 236. Sense of Congress regarding ballistic missile defense 
          training.

                           Subtitle D--Reports

Sec. 241. Extension of requirements for biennial roadmap and annual 
          review and certification on funding for development of 
          hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class 
          replacement ballistic missile submarine.
Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC-46A aircraft 
          acquisition program.
Sec. 245. Independent review and assessment of cryptographic 
          modernization program.
Sec. 246. Report on increased budget items.

                        Subtitle E--Other Matters

Sec. 251. Repeal of requirement for Technology Transition Initiative.
Sec. 252. Contractor cost-sharing in pilot program to include technology 
          protection features during research and development of certain 
          defense systems.
Sec. 253. Extension of authority for mechanisms to provide funds for 
          defense laboratories for research and development of 
          technologies for military missions.
Sec. 254. National defense education program.
Sec. 255. Laboratory facilities, Hanover, New Hampshire.
Sec. 256. Sense of Congress on active matrix organic light emitting 
          diode technology.

              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. LIMITATION ON AVAILABILITY OF FUNDS FOR THE GROUND COMBAT 
      VEHICLE PROGRAM.
    Of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2012 for research, development, test, 
and evaluation, Army, for the ground combat vehicle program, not more 
than 80 percent may be obligated or expended until the date on which 
the Secretary of the Army submits to the congressional defense 
committees a report containing--
        (1) the plans of the Secretary to carry out--
            (A) a dynamic analysis of alternatives update described in 
        the acquisition decision memorandum issued by the Under 
        Secretary of Defense for Acquisition, Technology, and Logistics 
        on August 17, 2011; and
            (B) a separate assessment of selected non-developmental 
        vehicles described in such memorandum; and
        (2) a description of the resources the Secretary considers 
    necessary to carry out the plans under paragraph (1), including the 
    amount of funding required in fiscal years 2012 and 2013.
    SEC. 212. LIMITATION ON THE INDIVIDUAL CARBINE PROGRAM.
    (a) Limitation.--Notwithstanding any other provision of law, and 
except as provided by subsection (b), the individual carbine program 
may not receive Milestone C approval (as defined in section 2366(e)(8) 
of title 10, United States Code) until the date on which the Secretary 
of the Army submits to the congressional defense committees a business 
case assessment of such program, including, at a minimum, comparisons 
of the capabilities and costs of--
        (1) commercially available weapon systems as of the date of the 
    assessment, including complete weapon systems and kits to apply to 
    existing weapon systems; and
        (2) weapon systems that are fielded as of the date of the 
    assessment that include any required improvements.
    (b) Waiver Authority.--The Secretary of Defense may waive the 
limitation under subsection (a) if the Secretary submits to the 
congressional defense committees written certification that the waiver 
is in the national security interests of the United States.
    SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE UNMANNED 
      CARRIER-BASED STRIKE SYSTEM.
    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2012 for research, 
development, test, and evaluation, Navy, for the Future Unmanned 
Carrier-based Strike System, not more than 75 percent may be obligated 
or expended until the date that is 60 days after the date on which--
        (1) the Chairman of the Joint Requirements Oversight Council 
    certifies to the congressional defense committees that--
            (A) such system is required to fill a validated capability 
        gap of the Department of Defense; and
            (B) the Council has reviewed and approved the initial 
        capability and development document relating to such system;
        (2) the Assistant Secretary of the Navy for Research, 
    Development, and Acquisition submits to the congressional defense 
    committees a report containing--
            (A) a delineation of threshold and objective key 
        performance parameters;
            (B) a certification that the threshold and objective key 
        performance parameters for such system have been established 
        and are achievable; and
            (C) a description of the requirements of such system with 
        respect to--
                (i) weapons payload;
                (ii) intelligence, reconnaissance, and surveillance 
            equipment;
                (iii) electronic attack and electronic protection 
            equipment;
                (iv) communications equipment;
                (v) range;
                (vi) mission endurance for un-refueled and aerial 
            refueled operations;
                (vii) low-observability characteristics;
                (viii) affordability;
                (ix) survivability; and
                (x) interoperability with other Navy and joint-service 
            unmanned aerial systems and mission control stations; and
        (3) the Under Secretary of Defense for Acquisition, Technology, 
    and Logistics certifies to the congressional defense committees 
    that--
            (A) the Secretary of the Navy has completed a comprehensive 
        analysis of alternatives for such system;
            (B) the acquisition strategy of the Secretary for the 
        technology development and initial fielding phases of such 
        system is achievable and presents medium, or less, risk with 
        respect to cost, schedule, funding, and testing program;
            (C) such acquisition strategy integrates a fair and open 
        competitive acquisition strategy environment for all potential 
        competitors;
            (D) the data, information, and lessons learned from the 
        Unmanned Carrier-based Aircraft System of the Navy are 
        sufficiently integrated into the acquisition strategy of the 
        Future Unmanned Carrier-based Strike System and that the level 
        of concurrency between the programs is prudent and reasonable;
            (E) the Secretary has sufficient fiscal resources budgeted 
        in the future years defense plan and extended planning period 
        that supports the acquisition strategy described in 
        subparagraph (B); and
            (F) the acquisition strategy--
                (i) complies with the Weapon Systems Acquisition Reform 
            Act of 2009 (Public Law 111-23), and the amendments made by 
            that Act, and Department of Defense Instruction 5000.02; 
            and
                (ii) requires the implementation of open architecture 
            standards.
    (b) GAO Briefing.--Not later than 90 days after the date on which 
the certifications and report under subsection (a) are received by the 
congressional defense committees, the Comptroller General of the United 
States shall brief the congressional defense committees on an 
evaluation of the acquisition strategy of the Secretary of the Navy for 
the Future Unmanned Carrier-based Strike System.
    (c) Form.--The report required by subsection (a)(2) shall be 
submitted in unclassified form, but may include a classified annex.
    SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AMPHIBIOUS 
      ASSAULT VEHICLES OF THE MARINE CORPS.
    (a) Limitations.--
        (1) Limitation on funding.--Except as provided by subsections 
    (d) and (e), none of the funds authorized to be appropriated by 
    this Act or otherwise made available for fiscal year 2012 for 
    procurement, Marine Corps, or research, development, test, and 
    evaluation, Navy, may be obligated or expended for the amphibious 
    programs described in subsection (c) until the date on which the 
    Secretary of the Navy, in coordination with the Commandant of the 
    Marine Corps, submits to the congressional defense committees a 
    report containing--
            (A) written certification of the requirements for 
        amphibious assault vehicles of the Marine Corps, based on the 
        needs of the commanders of the combatant commands, relating 
        to--
                (i) the distance from the shore needed to begin an 
            amphibious assault;
                (ii) the speed at which the vehicle must travel in 
            order to reach the shore in the time required for such 
            assault; and
                (iii) the armor requirements for all potential combat 
            environments, including the possible use of applique armor; 
            and
            (B) the analysis of alternatives conducted under subsection 
        (b)(1).
        (2) Limitation on mpc milestone b.--Milestone B approval may 
    not be granted for the Marine Personnel Carrier until 30 days after 
    the date on which the report under paragraph (1) is submitted to 
    the congressional defense committees.
    (b) Analysis of Alternatives.--
        (1) Analysis.--The Secretary of the Navy, in coordination with 
    the Commandant of the Marine Corps, shall conduct an analysis of 
    alternatives of the amphibious assault vehicles described in 
    paragraph (2). With respect to such vehicles, such analysis shall 
    include--
            (A) comparisons of the capabilities and total lifecycle 
        ownership costs (including costs with respect to research, 
        development, test, and evaluation, procurement, and operation 
        and maintenance); and
            (B) an independent review of the analysis of cost prepared 
        by a federally funded research and development center.
        (2) Amphibious assault vehicles described.--The amphibious 
    assault vehicles described in this paragraph are amphibious assault 
    vehicles that--
            (A) meet the requirements described in subsection 
        (a)(1)(A), including--
                (i) an upgraded assault amphibious vehicle 7A1;
                (ii) the expeditionary fighting vehicle; and
                (iii) a new amphibious combat vehicle; and
            (B) include at least one vehicle that is capable of 
        accelerating until the vehicle moves along the top of the water 
        (commonly known as ``getting up on plane'') and at least one 
        vehicle that is not capable of such acceleration.
    (c) Amphibious Programs Described.--The amphibious programs 
described in this subsection are the following:
        (1) The assault amphibious vehicle 7A1, program element 
    206623M.
        (2) The Marine Corps assault vehicle, program element 603611M.
        (3) The termination of the expeditionary fighting vehicle 
    program.
    (d) AAV7A1 Improvement Program.--The limitation in subsection 
(a)(1) shall not apply to funds made available for procurement, Marine 
Corps, for the procurement of--
        (1) an assault amphibious vehicle 7A1 with--
            (A) survivability upgrades under the survivability product 
        improvement program; or
            (B) other necessary survivability capabilities that are in 
        response to urgent operational needs; or
        (2) improvements to a previously procured assault amphibious 
    vehicle 7A1 that address safety of use, environmental 
    inhabitability, and operational availability.
    (e) Marine Corps Assault Vehicle, Program Element 603611M.--The 
limitation in subsection (a)(1) shall not apply to funds made available 
for research, development, test, and evaluation, Navy, for the Marine 
Corps assault vehicle, program element 603611M, to--
        (1) conduct an analysis of alternatives and supporting 
    analytical activities; or
        (2) conduct technology integration development and engineering 
    to--
            (A) refine and validate requirements; and
            (B) reduce cost, schedule, and technical risk prior to the 
        initiation of the amphibious combat vehicle program.
    (f) Assessment on Habitability.--Not later than 60 days after the 
date of the enactment of this Act, the Secretary of the Navy shall 
submit to the congressional defense committees a habitability 
assessment with respect to the period of time a member of the Armed 
Forces can spend in the back of an amphibious assault vehicle that is 
not ``up on plane'' while still remaining combat effective. Such 
assessment shall cover a set of operationally relevant speeds and 
ranges. The Secretary shall include the results and information from 
any recently performed tests related to such assessment.
    SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE F-35 LIGHTNING 
      II AIRCRAFT PROGRAM.
    Of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2012 for research and development for 
the F-35 Lightning II aircraft program, not more that 80 percent may be 
obligated or expended until the date on which the Secretary of Defense 
certifies to the congressional defense committees that the acquisition 
strategy for the F-35 Lightning II aircraft includes a plan for 
achieving competition throughout operation and sustainment, in 
accordance with section 202(d) of the Weapon Systems Acquisition Reform 
Act of 2009 (Public Law 111-23; 10 U.S.C. 2430 note).
    SEC. 216. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER 
      AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE COMMUNICATIONS 
      PROGRAM.
    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, not more than 40 percent 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. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT SPACE 
      OPERATIONS CENTER MANAGEMENT SYSTEM.
    (a) Sense of Congress.--It is the sense of Congress that--
        (1) improvements to the space situational awareness and space 
    command and control capabilities of the United States are 
    necessary; and
        (2) the traditional defense acquisition process is not optimal 
    for developing the services-oriented architecture and net-centric 
    environment planned for the Joint Space Operations Center 
    management system.
    (b) Limitation.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2012 for research, 
development, test, and evaluation, Air Force, for release one of the 
Joint Space Operations Center management system may be obligated or 
expended until the date on which the Secretary of the Air Force and the 
Under Secretary of Defense for Acquisition, Technology, and Logistics 
jointly submit to the congressional defense committees the acquisition 
strategy for such management system, including--
        (1) a description of the acquisition policies and procedures 
    applicable to such management system; and
        (2) a description of any additional acquisition authorities 
    necessary to ensure that such management system is able to 
    implement a services-oriented architecture and net-centric 
    environment for space situational awareness and space command and 
    control.
    SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR WIRELESS 
      INNOVATION FUND.
    Of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2012 for the wireless innovation fund 
within the Defense Advanced Research Projects Agency, not more than 10 
percent may be obligated or expended until the date that is 30 days 
after the date on which the Under Secretary of Defense for Acquisition, 
Technology, and Logistics submits to the congressional defense 
committees a report on how such fund will be managed and executed, 
including--
        (1) a concept of operation for how such fund will operate, 
    particularly with regards to supporting the interagency community;
        (2) a description of--
            (A) the governance structure, including how decision-making 
        with interagency partners will be conducted;
            (B) the funding mechanism for interagency collaborators;
            (C) the metrics for measuring the performance and 
        effectiveness of the program; and
            (D) the reporting mechanisms to provide oversight of the 
        fund by the Department of Defense, the interagency partners, 
        and Congress; and
        (3) any other matters the Under Secretary considers 
    appropriate.
    SEC. 219. PROHIBITION ON DELEGATION OF BUDGETING AUTHORITY FOR 
      CERTAIN RESEARCH AND EDUCATIONAL PROGRAMS.
    (a) Prohibition on Delegation.--Subsection (a) of section 2362 of 
title 10, United States Code, is amended--
        (1) by striking ``The Secretary of Defense'' and inserting 
    ``(1) The Secretary of Defense''; and
        (2) by adding at the end the following new paragraph:
    ``(2) The Secretary of Defense may not delegate or transfer to an 
individual outside the Office of the Secretary of Defense the authority 
regarding the programming or budgeting of the program established by 
this section that is carried out by the Assistant Secretary of Defense 
for Research and Engineering.''.
    (b) Conforming Amendments.--Such section 2362 is amended further--
        (1) in subsection (b), by striking ``established under 
    subsection (a)'' and inserting ``established by subsection 
    (a)(1)''; and
        (2) in subsection (c), by striking ``subsection (a)'' and 
    inserting ``subsection (a)(1)''.
    SEC. 220. DESIGNATION OF MAIN PROPULSION TURBOMACHINERY OF THE 
      NEXT-GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT AS MAJOR 
      SUBPROGRAM.
    (a) Designation as Major Subprogram.--Not later than 30 days after 
the date on which the next-generation long-range strike bomber aircraft 
receives Milestone A approval, the Secretary of Defense shall designate 
the development and procurement of the main propulsion turbomachinery 
of the next-generation long-range strike bomber aircraft as a major 
subprogram of the next-generation long-range strike bomber aircraft 
major defense acquisition program, in accordance with section 2430a of 
title 10, United States Code.
    (b) Competitive Acquisition Strategy.--The Secretary of the Air 
Force shall develop an acquisition strategy for the major subprogram 
designated in subsection (a) that is in accordance with subsections (a) 
and (b) of section 202 of the Weapon Systems Acquisition Reform Act of 
2009 (Public Law 111-23; 123 Stat. 1720; 10 U.S.C. 2430 note).
    SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM 
      DEVELOPMENT AND PROCUREMENT PROGRAM AS MAJOR SUBPROGRAM.
    Not later than 30 days after the date of the enactment of this Act, 
the Secretary of Defense shall designate the electromagnetic aircraft 
launch development and procurement program as a major subprogram of the 
CVN-78 Ford-class aircraft carrier major defense acquisition program, 
in accordance with section 2430a of title 10, United States Code. The 
Secretary may cease such designation after the date on which the 
electromagnetic aircraft launch system is certified as operationally 
effective and suitable by the Director of Operational Test and 
Evaluation.
    SEC. 222. ADVANCED ROTORCRAFT FLIGHT RESEARCH AND DEVELOPMENT.
    (a) Program Authorized.--The Secretary of the Army may conduct a 
program for flight research and demonstration of advanced rotorcraft 
technology.
    (b) Goals and Objectives.--The goals and objectives of the program 
authorized by subsection (a) are as follows:
        (1) To flight demonstrate the ability of advanced rotorcraft 
    technology to expand the flight envelope and improve the speed, 
    range, payload, ceiling, survivability, reliability, and 
    affordability of current and future rotorcraft of the Department of 
    Defense.
        (2) To mature advanced rotorcraft technology and obtain flight-
    test data to--
            (A) support the assessment of such technology for future 
        rotorcraft platform development programs of the Department; and
            (B) have the ability to add such technology to the existing 
        rotorcraft of the Department to extend the capability and life 
        of such rotorcraft until next-generation platforms are fielded.
    (c) Elements of Program.--The program authorized by subsection (a) 
may include--
        (1) integration and demonstration of advanced rotorcraft 
    technology to meet the goals and objectives described in subsection 
    (b); and
        (2) flight demonstration of the advanced rotorcraft technology 
    test bed under the experimental airworthiness process of the 
    Federal Aviation Administration or other appropriate airworthiness 
    process approved by the Secretary of Defense.
    (d) Competition.--In awarding a contract under this section, the 
Secretary shall use competitive procedures in accordance with the 
requirements of section 2304 of title 10, United States Code, and shall 
consider a timely offer submitted by a small business concern (as 
defined in section 2225(f)(3) of such title) in accordance with the 
specifications and evaluation factors specified in the solicitation.
    SEC. 223. PRESERVATION AND STORAGE OF CERTAIN PROPERTY RELATED TO 
      F136 PROPULSION SYSTEM.
    (a) Plan.--The Secretary of Defense shall develop a plan for the 
disposition of property owned by the Federal Government that was 
acquired under the F136 propulsion system development contract. The 
plan shall--
        (1) ensure that the Secretary preserves and stores, uses, or 
    disposes of such property in a manner that--
            (A) provides for the long-term sustainment and repair of 
        such property pending the determination by the Department of 
        Defense that such property--
                (i) can be used within the F-35 Lightning II aircraft 
            program, in other Government development programs, or in 
            other contractor-funded development activities;
                (ii) can be stored for use in future Government 
            development programs; or
                (iii) should be disposed; and
            (B) allows for such preservation and storage of identified 
        property to be conducted at either the facilities of the 
        Federal Government or a contractor under such contract; and
        (2) identify any contract modifications, additional facilities, 
    or funding that the Secretary determines necessary to carry out the 
    plan.
    (b) Restriction on the Use of Funds.--None of the amounts 
authorized to be appropriated by this Act or otherwise made available 
for fiscal year 2012 for research, development, test, and evaluation, 
Navy, or research, development, test, and evaluation, Air Force, for 
the F-35 Lightning II aircraft program may be obligated or expended for 
activities related to destroying or disposing of the property described 
in subsection (a) until the date that is 30 days after the date on 
which the report under subsection (c) is submitted to the congressional 
defense committees.
    (c) Report.--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 plan under subsection 
(a). That report shall describe how the Secretary intends to obtain 
maximum benefit to the Federal Government from the investment already 
made in developing the F136.

                  Subtitle C--Missile Defense Programs

    SEC. 231. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC 
      MISSILE DEFENSE SYSTEM.
    (a) Baseline Required.--
        (1) In general.--Chapter 9 of title 10, United States Code, is 
    amended by inserting after section 224 the following new section:
``Sec. 225. Acquisition accountability reports on the ballistic missile 
   defense system
    ``(a) Baselines Required.--(1) In accordance with paragraph (2), 
the Director of the Missile Defense Agency shall establish and maintain 
an acquisition baseline for--
        ``(A) each program element of the ballistic missile defense 
    system, as specified in section 223 of this title; and
        ``(B) each designated major subprogram of such program 
    elements.
    ``(2) The Director shall establish an acquisition baseline required 
by paragraph (1) before the date on which the program element or major 
subprogram enters--
        ``(A) engineering and manufacturing development (or its 
    equivalent); and
        ``(B) production and deployment.
    ``(3) Except as provided by subsection (d), the Director may not 
adjust or revise an acquisition baseline established under this 
section.
    ``(b) Elements of Baselines.--Each acquisition baseline required by 
subsection (a) for a program element or major subprogram shall include 
the following:
        ``(1) A comprehensive schedule, including--
            ``(A) research and development milestones;
            ``(B) acquisition milestones, including design reviews and 
        key decision points;
            ``(C) key test events, including ground and flight tests 
        and ballistic missile defense system tests;
            ``(D) delivery and fielding schedules;
            ``(E) quantities of assets planned for acquisition and 
        delivery in total and by fiscal year; and
            ``(F) planned contract award dates.
        ``(2) A detailed technical description of--
            ``(A) the capability to be developed, including hardware 
        and software;
            ``(B) system requirements, including performance 
        requirements;
            ``(C) how the proposed capability satisfies a capability 
        identified by the commanders of the combatant commands on a 
        prioritized capabilities list;
            ``(D) key knowledge points that must be achieved to permit 
        continuation of the program and to inform production and 
        deployment decisions; and
            ``(E) how the Director plans to improve the capability over 
        time.
        ``(3) A cost estimate, including--
            ``(A) a life-cycle cost estimate that separately identifies 
        the costs regarding research and development, procurement, 
        military construction, operations and sustainment, and 
        disposal;
            ``(B) program acquisition unit costs for the program 
        element;
            ``(C) average procurement unit costs and program 
        acquisition costs for the program element; and
            ``(D) an identification of when the document regarding the 
        program joint cost analysis requirements description is 
        scheduled to be approved.
        ``(4) A test baseline summarizing the comprehensive test 
    program for the program element or major subprogram outlined in the 
    integrated master test plan.
    ``(c) Annual Reports on Acquisition Baselines.--(1) Not later than 
February 15 of each year, the Director shall submit to the 
congressional defense committees a report on the acquisition baselines 
required by subsection (a).
    ``(2)(A) The first report under paragraph (1) shall set forth each 
acquisition baseline required by subsection (a) for a program element 
or major subprogram.
    ``(B) Each subsequent report under paragraph (1) shall include--
        ``(i) any new acquisition baselines required by subsection (a) 
    for a program element or major subprogram; and
        ``(ii) with respect to an acquisition baseline that was 
    previously included in a report under paragraph (1), an 
    identification of any changes or variances made to the elements 
    described in subsection (b) for such acquisition baseline, as 
    compared to--
            ``(I) the initial acquisition baseline for such program 
        element or major subprogram; and
            ``(II) the acquisition baseline for such program element or 
        major subprogram that was submitted in the report during the 
        previous year.
    ``(3) Each report under this subsection shall be submitted in 
unclassified form, but may include a classified annex.
    ``(d) Exception to Limitation on Revision.--The Director may adjust 
or revise an acquisition baseline established under this section if the 
Director submits to the congressional defense committees notification 
of--
        ``(1) a justification for such adjustment or revision;
        ``(2) the specific adjustments or revisions made to the 
    acquisition baseline, including to the elements described in 
    subsection (b); and
        ``(3) the effective date of the adjusted or revised acquisition 
    baseline.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of such chapter is amended by adding at the end the following new 
    item:

``225. Acquisition accountability reports on the ballistic missile 
          defense system.''.

    (b) Conforming Amendments.--
        (1) Fiscal year 2011 ndaa.--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. 223 note) is repealed.
        (2) Fiscal year 2008 ndaa.--Section 223 of the National Defense 
    Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
    Stat. 39; 10 U.S.C. 223 note) is amended by striking subsection 
    (g).
        (3) Fiscal year 2003 ndaa.--Section 221 of the Bob Stump 
    National Defense Authorization Act for Fiscal Year 2003 (Public Law 
    107-314; 116 Stat. 2484; 10 U.S.C. 2431 note) is repealed.
    SEC. 232. COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MISSILE 
      DEFENSE ACQUISITION PROGRAMS.
    (a) Comptroller General Assessment.--
        (1) In general.--The Comptroller General of the United States 
    shall review the annual reports submitted under section 225(c) of 
    title 10, United States Code, as added by section 231 of this Act, 
    that cover any of fiscal years 2012 through 2015 and assess the 
    extent to which the Missile Defense Agency has achieved its 
    acquisition goals and objectives.
        (2) Reports.--Not later than March 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) Annual Reports on Missile Defense Executive Board Activities.--
In each of the first three reports submitted under section 225(c) of 
title 10, United States Code, as added by section 231 of this Act, the 
Director shall include a description of the activities of the Missile 
Defense Executive Board during the fiscal year preceding the date of 
the report, including the following:
        (1) A list of each meeting of the Board during such year.
        (2) The agenda and issues considered at each such meeting.
        (3) A description of any decisions or recommendations made by 
    the Board at each such meeting.
    (c) Repeal of Superseded Reporting Authority.--Section 232 of the 
National Defense Authorization Act for Fiscal Year 2002 (Public Law 
107-107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended by striking 
subsection (g).
    SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND STRATEGY.
    (a) Report Required.--In light of the homeland missile defense 
hedging policy and strategy framework described in the Ballistic 
Missile Defense Review of 2010, not later than 75 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 results of the 
missile defense hedging strategy review for the protection of the 
homeland of the United States.
    (b) Elements.--The report under subsection (a) shall include the 
following:
        (1) A description of the findings and conclusions of the 
    strategy review.
        (2) A description of the hedging alternatives and capabilities 
    considered by the Secretary.
        (3) A summary of the analyses conducted, including the criteria 
    used to assess the alternatives and capabilities described in 
    paragraph (2).
        (4) A detailed description of the plans, programs, and the 
    budget profile for implementing the strategy through the future 
    years defense program submitted to Congress under section 221 of 
    title 10, United States Code, with the budget of the President for 
    fiscal year 2013.
        (5) The criteria to be used in determining whether and when 
    each item contained in the strategy should be implemented and the 
    schedule and budget profile required to implement each item.
        (6) A discussion of the feasibility and advisability of 
    deploying a missile defense site on the East Coast of the United 
    States.
        (7) Any other information the Secretary considers necessary.
    (c) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.
    SEC. 234. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.
    (a) 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 ballistic missile attack 
    (whether accidental, unauthorized, or deliberate);
        (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) 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
        (4) 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, to mitigate the effects of corrective actions on 
    previously planned program work that is deferred as a result of 
    such corrective actions, and to enhance the program over time.
    (b) Reports.--
        (1) Reports required.--Not later than 90 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. 235. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MEDIUM 
      EXTENDED AIR DEFENSE SYSTEM.
    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2012 for the medium 
extended air defense system program, not more than 25 percent may be 
obligated or expended until the date on which the Secretary of Defense 
submits to the congressional defense committees a plan to use such 
funds as final obligations under such program for either--
        (1) implementing a restructured program of reduced scope; or
        (2) contract termination liability costs with respect to the 
    contracts covering the program.
    (b) Elements.--The plan under subsection (a) shall include the 
following:
        (1) The plan of the Secretary for using funds authorized to be 
    appropriated by this Act or otherwise made available for fiscal 
    year 2012 for the medium extended air defense system program for 
    the purposes described in paragraph (1) or (2) of subsection (a).
        (2) An explanation of the amount of the total cost for which 
    the United States would be liable with respect to either--
            (A) restructuring the program as described in such 
        paragraph (1); or
            (B) terminating the contracts covering the program, either 
        unilaterally or multilaterally, as described in such paragraph 
        (2).
        (3) An explanation of the terms of any agreement with Germany 
    or Italy (or both) with respect to program restructuring or 
    contract termination.
        (4) A description of the program schedule and specific elements 
    of a restructured program to develop, test, and evaluate 
    technologies for possible incorporation into future air and missile 
    defense architectures of the United States.
        (5) A description of the specific technologies identified by 
    the Secretary for possible incorporation into future air and 
    missile defense architectures of the United States.
        (6) A description of how the Secretary plans to address the 
    future air and missile defense requirements of the Department of 
    Defense in the absence of a fielded medium extended air defense 
    system capability, including a summary of activities, the cost 
    estimate, and the funding profile necessary to sustain and upgrade 
    the Patriot air and missile defense system.
    (c) 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 providing a detailed 
description of the efforts the Secretary has made with Germany and 
Italy, including any involvement by the Secretary of State, to agree on 
ways to minimize the costs to each nation of implementing a 
restructured program or of unilateral or multilateral contract 
termination.
    SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE 
      TRAINING.
    It is the sense of Congress that--
        (1) progress has been made in improving the integration of 
    ballistic missile defense training across and between combatant 
    commands and military services and identifying the training 
    requirements, capabilities, and resources that the Department of 
    Defense needs for this complex mission that is vital to the 
    protection of the United States and its deployed forces and allies 
    against ballistic missile attacks;
        (2) it is important to continue effective and integrated 
    missile defense training to improve the capabilities of the 
    ballistic missile defense system and its elements; and
        (3) the Department of Defense should continue to identify the 
    capabilities and resources needed to effectively and adequately 
    integrate training across and between the combatant commands and 
    military services and should continue efforts to improve such 
    training.

                          Subtitle D--Reports

    SEC. 241. 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 ``2016''.
    SEC. 242. REPORT AND COST ASSESSMENT OF OPTIONS FOR OHIO-CLASS 
      REPLACEMENT BALLISTIC MISSILE SUBMARINE.
    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy and the Commander of 
the United States Strategic Command shall jointly submit to the 
congressional defense committees a report on each of the options 
described in subsection (b) to replace the Ohio-class ballistic 
submarine program. The report shall include the following:
        (1) An assessment of the procurement cost and total life-cycle 
    costs associated with each option.
        (2) An assessment of the ability for each option to meet--
            (A) the at-sea requirements of the Commander that are in 
        place as of the date of the enactment of this Act; and
            (B) any expected changes in such requirements.
        (3) An assessment of the ability for each option to meet--
            (A) the nuclear employment and planning guidance in place 
        as of the date of the enactment of this Act; and
            (B) any expected changes in such guidance.
        (4) A description of the postulated threat and strategic 
    environment used to inform the selection of a final option and how 
    each option provides flexibility for responding to changes in the 
    threat and strategic environment.
    (b) Options Considered.--The options described in this subsection 
to replace the Ohio-class ballistic submarine program are as follows:
        (1) A fleet of 12 submarines with 16 missile tubes each.
        (2) A fleet of 10 submarines with 20 missile tubes each.
        (3) A fleet of 10 submarines with 16 missile tubes each.
        (4) A fleet of eight submarines with 20 missile tubes each.
        (5) Any other options the Secretary and the Commander consider 
    appropriate.
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    SEC. 243. REPORT ON THE ELECTROMAGNETIC RAIL GUN SYSTEM.
    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report on the development, future 
deployment, and operational challenges of the electromagnetic rail gun 
system of the Navy.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
        (1) An assessment of the various operational problem sets the 
    electromagnetic rail gun system might be used against, including--
            (A) naval surface fire support;
            (B) anti-surface warfare, including small-boat threats;
            (C) cruise missile, ballistic missile, and anti-aircraft 
        defense; and
            (D) other missions as defined by the Secretary.
        (2) An analysis of the technical challenges in developing the 
    electromagnetic rail gun system, including--
            (A) power generation and storage to achieve desired firing 
        rates and ranges;
            (B) projectile development;
            (C) launcher/bore design and lifetime; and
            (D) ship integration challenges.
        (3) An identification of existing supporting research programs 
    being executed outside of the Navy that support the development of 
    the electromagnetic rail gun system, as well as opportunities where 
    collaborative research between the Navy and other research 
    components could accelerate development.
        (4) An assessment of possible deployment configurations, 
    including--
            (A) for ship-based applications, an identification of 
        candidate ships for initial integration;
            (B) for land-based applications, an identification of 
        possible mission sets and locations for early prototyping 
        opportunities; and
            (C) other alternative approaches for rapid prototyping.
        (5) With respect to the information provided by the Secretary 
    of the Navy under paragraphs (1) through (4), the opinions of the 
    Secretary of the Army, the Commandant of the Marine Corps, the 
    Assistant Secretary of Defense for Research and Engineering, the 
    Director of the Missile Defense Agency, and the Director of the 
    Defense Advanced Research Projects Agency.
    (c) Interim Update.--Not later than 90 days after the date of the 
enactment of this Act, the Chief of Naval Research shall provide an 
update briefing to the congressional defense committees.
    (d) Form.--The report required by paragraph (a) shall be submitted 
in unclassified form, but may include a classified annex.
    SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE KC-46A AIRCRAFT 
      ACQUISITION PROGRAM.
    (a) Annual GAO Review.--During the period beginning on the date of 
the enactment of this Act and ending on March 1, 2017, the Comptroller 
General of the United States shall conduct an annual review of the KC-
46A aircraft acquisition program.
    (b) Annual Reports.--
        (1) In general.--Not later than March 1 of each year beginning 
    in 2012 and ending in 2017, the Comptroller General shall submit to 
    the congressional defense committees a report on the review of the 
    KC-46A aircraft acquisition program conducted under subsection (a).
        (2) Matters to be included.--Each report on the review of the 
    KC-46A aircraft acquisition program shall include the following:
            (A) The extent to which the program is meeting engineering, 
        manufacturing, development, and procurement cost, schedule, 
        performance, and risk mitigation goals.
            (B) With respect to meeting the desired initial operational 
        capability and full operational capability dates for the KC-46A 
        aircraft, the progress and results of--
                (i) developmental and operational testing of the 
            aircraft; and
                (ii) plans for correcting deficiencies in aircraft 
            performance, operational effectiveness, reliability, 
            suitability, and safety.
            (C) An assessment of KC-46A aircraft procurement plans, 
        production results, and efforts to improve manufacturing 
        efficiency and supplier performance.
            (D) An assessment of the acquisition strategy of the KC-46A 
        aircraft, including whether such strategy is in compliance with 
        acquisition management best-practices and the acquisition 
        policy and regulations of the Department of Defense.
            (E) A risk assessment of the integrated master schedule and 
        the test and evaluation master plan of the KC-46A aircraft as 
        it relates to--
                (i) the probability of success;
                (ii) the funding required for such aircraft compared 
            with the funding budgeted; and
                (iii) development and production concurrency.
        (3) Additional information.--In submitting to the congressional 
    defense committees the first report under paragraph (1) and a 
    report following any changes made by the Secretary of the Air Force 
    to the baseline documentation of the KC-46A aircraft acquisition 
    program, the Comptroller General shall include, with respect to 
    such program, an assessment of the sufficiency and objectivity of--
            (A) the integrated baseline review document;
            (B) the initial capabilities document;
            (C) the capabilities development document; and
            (D) the systems requirement document.
    SEC. 245. INDEPENDENT REVIEW AND ASSESSMENT OF CRYPTOGRAPHIC 
      MODERNIZATION PROGRAM.
    (a) Independent Review and Assessment.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall select an appropriate entity outside the Department of Defense to 
conduct an independent review and assessment of the cryptographic 
modernization program of the Department of Defense.
    (b) Elements.--The review and assessment required by subsection (a) 
shall include the following:
        (1) For each military department and appropriate defense 
    agency, an analysis of the adequacy of the program management 
    structure for executing the cryptographic modernization program, 
    including resources, personnel, requirements generation, and 
    business process metrics.
        (2) A description of the acquisition model for each military 
    department and appropriate defense agency, including how the 
    acquisition strategies of programs of record are synchronized with 
    the needs of the cryptographic modernization program.
        (3) An analysis of the current funding mechanism, the 
    Information System Security Program, to provide adequate and stable 
    funding to meet cryptographic modernization needs.
        (4) An analysis of the ability of the program to deliver 
    capabilities to the user community while complying with the budget 
    and schedule for the program, including the programmatic risks that 
    negatively affect such compliance.
    (c) Report.--
        (1) Report required.--Not later than 120 days after the date of 
    the enactment of this Act, the entity conducting the review and 
    assessment under subsection (a) shall submit to the Secretary and 
    the congressional defense committees a report containing--
            (A) the results of the review and assessment; and
            (B) recommendations for improving the management of the 
        cryptographic modernization program.
        (2) Additional evaluation required.--Not later than 30 days 
    after the date on which the congressional defense committees 
    receive the report required by paragraph (1), the Secretary shall 
    submit to such committees an evaluation by the Secretary of the 
    findings and recommendations contained in such report.
        (3) Form.--The report required by paragraph (1) shall be 
    submitted in unclassified form, but may include a classified annex.
    SEC. 246. REPORT ON INCREASED BUDGET ITEMS.
    (a) Report.--
        (1) In general.--The Secretary of Defense shall submit to the 
    congressional defense committees a report describing the contract 
    award process for each contract described in subsection (b) for 
    which the Secretary will obligate funds authorized for a program 
    element described in subsection (c). In the case of funds that are 
    not yet obligated for any such contract by the end of fiscal year 
    2012, the Secretary shall describe the process planned for the 
    award of such a contract.
        (2) Submission.--The Secretary shall submit the report required 
    by paragraph (1) not later than December 31, 2012.
    (b) Contract Described.--For purposes of subsection (a), a contract 
described in this subsection is a contract awarded using procedures 
other than competitive procedures pursuant to the exceptions set forth 
in section 2304(c) of title 10, United States Code, or any other 
exceptions provided in law or regulation.
    (c) Program Element Described.--(1) For purposes of subsection (a), 
a program element described in this subsection is a program element 
funded--
        (A) with amounts authorized to be appropriated by section 201; 
    and
        (B) in a total amount that is more than the amount requested 
    for such program element by the President in the budget submitted 
    to Congress under section 1105 of title 31, United States Code, for 
    fiscal year 2012.
    (2) For purposes of paragraph (1)(B), the total amount referred to 
in such paragraph does not include funds transferred into such program 
element that were included elsewhere in the budget referred to in such 
paragraph.

                       Subtitle E--Other Matters

    SEC. 251. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION 
      INITIATIVE.
    (a) In General.--
        (1) Repeal.--Section 2359a of title 10, United States Code, is 
    repealed.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 139 of such title is amended by striking the item 
    relating to section 2359a.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2013.
    SEC. 252. 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. 253. EXTENSION OF AUTHORITY FOR MECHANISMS TO PROVIDE FUNDS 
      FOR DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT OF 
      TECHNOLOGIES FOR MILITARY MISSIONS.
    Section 219(c) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended by striking 
``October 1, 2013'' and inserting ``September 30, 2016''.
    SEC. 254. NATIONAL DEFENSE EDUCATION PROGRAM.
    If the total amount authorized to be appropriated by this Act for 
the National Defense Education Program for fiscal year 2012 is less 
than the amount requested by the President for such program in the 
budget submitted to Congress under section 1105 of title 31, United 
States Code, for such fiscal year, the Secretary of Defense may not 
derive the difference between such amounts from the K-12 component of 
such program.
    SEC. 255. 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)).
    SEC. 256. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT EMITTING 
      DIODE TECHNOLOGY.
    It is the sense of Congress that--
        (1) active matrix organic light emitting diode (in this section 
    referred to as ``OLED'') technology displays have the potential to 
    reduce the size, weight, and energy consumption of both dismounted 
    and mounted systems of the Armed Forces;
        (2) the United States has a limited OLED manufacturing 
    industry;
        (3) to ensure a reliable domestic source of OLED displays, the 
    Secretary of Defense can use existing programs, including the 
    ManTech program, to support the reduction of the costs and risks 
    related to OLED manufacturing technologies; and
        (4) the reduction of such costs and risks of OLED manufacturing 
    has the potential to enable the affordable production and 
    sustainment of future weapon systems, as well as the affordable 
    transition of new technologies that can enhance capabilities of 
    current force systems.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

             Subtitle B--Energy and Environmental Provisions

Sec. 311.  Designation of senior official of Joint Chiefs of Staff for 
          operational energy plans and programs and operational energy 
          budget certification.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for 
          the national defense.
Sec. 313. Discharge of wastes at sea generated by ships of the Armed 
          Forces.
Sec. 314. Modification to the responsibilities of the Assistant 
          Secretary of Defense for Operational Energy, Plans, and 
          Programs.
Sec. 315. Energy-efficient technologies in contracts for logistics 
          support of contingency operations.
Sec. 316. Health assessment reports required when waste is disposed of 
          in open-air burn pits.
Sec. 317. Streamlined annual report on defense environmental programs.
Sec. 318. Payment to Environmental Protection Agency of stipulated 
          penalties in connection with Jackson Park Housing Complex, 
          Washington.
Sec. 319. Requirements relating to Agency for Toxic Substances and 
          Disease Registry investigation of exposure to drinking water 
          contamination at Camp Lejeune, North Carolina.
Sec. 320. Fire suppression agents.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Designation of military arsenal facilities as Centers of 
          Industrial and Technical Excellence.
Sec. 323. Permanent and expanded authority for Army industrial 
          facilities to enter into certain cooperative arrangements with 
          non-Army entities.
Sec. 324. Implementation of corrective actions resulting from corrosion 
          study of the F-22 and F-35 aircraft.
Sec. 325. Modification of requirements relating to minimum capital 
          investment for certain depots.
Sec. 326. Reports on depot-related activities.
Sec. 327. Core depot-level maintenance and repair capabilities.

                          Subtitle D--Readiness

Sec. 331. Modification of Department of Defense authority to accept 
          voluntary contributions of funds.
Sec. 332. Review of proposed structures affecting navigable airspace.

                           Subtitle E--Reports

Sec. 341. Annual certification and modifications of annual report on 
          prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for 
          the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations 
          forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and 
          equipment service life extension programs to achieve cost 
          savings.
Sec. 346. Study on United States force posture in the United States 
          Pacific Command area of responsibility.
Sec. 347. Study on overseas basing presence of United States forces.
Sec. 348. Inclusion of assessment of joint military training and force 
          allocations in quadrennial defense review and national 
          military strategy.
Sec. 349. Modification of report on procurement of military working 
          dogs.

           Subtitle F--Limitations and Extension of Authority

Sec. 351. Adoption of military working dog by family of deceased or 
          seriously wounded member of the Armed Forces who was the dog's 
          handler.
Sec. 352. Prohibition on expansion of the Air Force food transformation 
          initiative.
Sec. 353. Designation and limitation on obligation and expenditure of 
          funds for the migration of Army enterprise email services.
Sec. 354. One-year extension of pilot program for availability of 
          working-capital funds to Army for certain product 
          improvements.

                        Subtitle G--Other Matters

Sec. 361. Commercial sale of small arms ammunition and small arms 
          ammunition components in excess of military requirements, and 
          fired cartridge cases.
Sec. 362. Comptroller General review of space-available travel on 
          military aircraft.
Sec. 363. Authority to provide information for maritime safety of forces 
          and hydrographic support.
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection 
          agreements.
Sec. 365. Clarification of the airlift service definitions relative to 
          the Civil Reserve Air Fleet.
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 367. Policy on Active Shooter Training for certain law enforcement 
          personnel.
Sec. 368. Procurement of tents or other temporary structures.

              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. DESIGNATION OF SENIOR OFFICIAL OF JOINT CHIEFS OF STAFF 
      FOR OPERATIONAL ENERGY PLANS AND PROGRAMS AND OPERATIONAL ENERGY 
      BUDGET CERTIFICATION.
    Section 138c of title 10, United States Code, is amended--
        (1) in subsection (d)--
            (A) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (B) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3) The Chairman of the Joint Chiefs of Staff shall designate a 
senior official under the jurisdiction of the Chairman who shall be 
responsible for operational energy plans and programs for the Joint 
Chiefs of Staff and the Joint Staff. The official so designated shall 
be responsible for coordinating with the Assistant Secretary and 
implementing initiatives pursuant to the strategy with regard to the 
Joint Chiefs of Staff and the Joint Staff.''; and
        (2) in subsection (e)(4), by striking ``10 days'' and inserting 
    ``30 days''.
    SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES 
      USED FOR THE NATIONAL DEFENSE.
    (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is 
amended as follows:
        (1) Definitions.--Section 100 (16 U.S.C. 670) is amended--
            (A) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively; and
            (B) by inserting after paragraph (1) the following new 
        paragraphs:
        ``(2) State.--The term `State' means any of the several States, 
    the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
    the Commonwealth of the Northern Mariana Islands, American Samoa, 
    and the Virgin Islands.
        ``(3) State-owned national guard installation.--The term 
    `State-owned National Guard installation' means land owned and 
    operated by a State when such land is used for training the 
    National Guard pursuant to chapter 5 of title 32, United States 
    Code, with funds provided by the Secretary of Defense or the 
    Secretary of a military department, even though such land is not 
    under the jurisdiction of the Department of Defense.''.
        (2) Funding of integrated natural resources management plans.--
    Section 101 (16 U.S.C. 670a) is amended--
            (A) in subsection (a)(1)(B)--
                (i) by inserting ``(i)'' before ``To facilitate''; and
                (ii) by adding at the end the following new clause:
                ``(ii) The Secretary of a military department may, 
            subject to the availability of appropriations, develop and 
            implement an integrated natural resources management plan 
            for a State-owned National Guard installation. Such a plan 
            shall be developed and implemented in coordination with the 
            chief executive officer of the State in which the State-
            owned National Guard installation is located. Such a plan 
            is deemed, for purposes of any other provision of law, to 
            be for lands or other geographical areas owned or 
            controlled by the Department of Defense, or designated for 
            its use.'';
            (B) in subsection (a)(2), by inserting ``or State-owned 
        National Guard installation'' after ``military installation'' 
        both places it appears;
            (C) in subsection (a)(3)--
                (i) by redesignating subparagraphs (A), (B), and (C) as 
            clauses (i), (ii), and (iii), respectively;
                (ii) by inserting ``(A)'' before ``Consistent'';
                (iii) in subparagraph (A), as designated by clause (ii) 
            of this subparagraph, by inserting ``and State-owned 
            National Guard installations'' after ``military 
            installations'' the first place it appears;
                (iv) in clause (i) of subparagraph (A), as redesignated 
            by clause (i) of this subparagraph, by striking ``military 
            installations'' and inserting ``such installations'';
                (v) in clause (ii) of subparagraph (A), as redesignated 
            by clause (i) of this subparagraph, by inserting ``on such 
            installations'' after ``resources''; and
                (vi) by adding at the end the following subparagraph:
            ``(B) In the case of a State-owned National Guard 
        installation, such program shall be carried out in coordination 
        with the chief executive officer of the State in which the 
        installation is located.'';
            (D) in subsection (b), by inserting ``and State-owned 
        National Guard installations'' after ``military installations'' 
        the first place it appears;
            (E) in subparagraphs (G) and (I) of subsection (b)(1), by 
        striking ``military installation'' each place it appears and 
        inserting ``installation''; and
            (F) in subsection (b)(3), by inserting ``, in the case of a 
        military installation,'' after ``(3) may''.
        (3) Cooperative agreements.--Section 103a(a) (16 U.S.C. 670c-
    1(a)) is amended--
            (A) in paragraph (1), by striking ``Department of Defense 
        installations'' and inserting ``military installations and 
        State-owned National Guard installations''; and
            (B) in paragraph (2), by striking ``Department of Defense 
        installation'' and inserting ``military installation or State-
        owned National Guard installation''.
    (b) Section and Subsection Headings.--Such Act is further amended 
as follows:
        (1) Section 101 (16 U.S.C. 670a) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND 
      REHABILITATION.'';
            (B) by striking ``sec. 101.'';
            (C) in subsection (c), by inserting ``Prohibitions on Sale 
        and Lease of Lands Unless Effects Compatible With Plan.--'' 
        after ``(c)'';
            (D) in subsection (d), by inserting ``Implementation and 
        Enforcement of Integrated Natural Resources Management Plans.--
        '' after ``(d)'';
            (E) in subsection (e)--
                (i) by inserting ``Applicability of Other Laws.--'' 
            after ``(e)''; and
                (ii) by inserting a comma after ``Code''.
        (2) Section 102 (16 U.S.C. 670b) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';
            (B) by striking ``sec. 102.'' and inserting ``(a) 
        Integrated Natural Resources Management Plan.--''; and
            (C) by striking ``agency:'' and all that follows through 
        ``possession'' and inserting ``agency.
    ``(b) Applicability of Other Laws.--Possession''.
        (3) Section 103a (16 U.S.C. 670c-1) is further amended--
            (A) by inserting at the beginning the following:
``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT 
ON INSTALLATIONS.'';
            (B) by striking ``sec. 103a.'';
            (C) in subsection (a), by inserting ``Authority of 
        Secretary of Military Department.--'' after ``(a)''; and
            (D) in subsection (c), by inserting ``Availability of 
        Funds; Agreements Under Other Laws.--'' after ``(c)''.
        (4) Section 104 (16 U.S.C. 670d) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER 
      GENERAL.''; and
            (B) by striking ``sec. 104.''.
        (5) Section 105 (16 U.S.C. 670e) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.''; 
      and
            (B) by striking ``sec. 105.''.
        (6) Section 108 (16 U.S.C. 670f) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';
            (B) by striking ``sec. 108.'';
            (C) in subsection (a), by inserting ``Expenditures of 
        Collected Funds Under Integrated Natural Resources Management 
        Plans.--'' after ``(a)'';
            (D) in subsection (b), by inserting ``Authorization of 
        Appropriations to Secretary of Defense.--'' after ``(b)'';
            (E) in subsection (c), by inserting ``Authorization of 
        Appropriations to Secretary of the Interior.--'' after ``(c)''; 
        and
            (F) in subsection (D), by inserting ``Use of Other 
        Conservation or Rehabilitation Authorities.--'' after ``(d)''.
        (7) Section 201 (16 U.S.C. 670g) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND 
      REHABILITATION PROGRAMS.'';
            (B) by striking ``sec. 201.'';
            (C) in subsection (a), by inserting ``Programs Required.--
        '' after ``(a)''; and
            (D) in subsection (b), by inserting ``Implementation of 
        Programs.--'' after ``(b)''.
        (8) Section 202 (16 U.S.C. 670h) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION 
      PROGRAMS.'';
            (B) by striking ``sec. 202.'';
            (C) in subsection (a), by inserting ``Development of 
        Plans.--'' after ``(a)'';
            (D) in subsection (b), by inserting ``Consistency With 
        Overall Land Use and Management Plans; Hunting, Trapping, and 
        Fishing.--'' after ``(b)'';
            (E) in subsection (c), by inserting ``Cooperative 
        Agreements by State Agencies for Implementation of Programs.--
        '' after ``(c)''; and
            (F) in subsection (d), by inserting ``State Agency 
        Agreements Not Cooperative Agreements Under Other Provisions.--
        '' after ``(d)''.
        (9) Section 203 (16 U.S.C. 670i) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, 
      TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.'';
            (B) by striking ``sec. 203.'';
            (C) in subsection (a), by inserting ``Agreements to Require 
        Stamps.--'' after ``(a)''; and
            (D) in subsection (b)--
                (i) by inserting ``Conditions for Agreements.--'' after 
            ``(b)''; and
                (ii) by moving paragraph (3) 2 ems to the right, so 
            that the left-hand margin aligns with that of paragraph 
            (2).
        (10) Section 204 (16 U.S.C. 670j) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 204. ENFORCEMENT PROVISIONS.'';
            (B) by striking ``sec. 204.'';
            (C) in subsection (a), by inserting ``Violations and 
        Penalties.--'' after ``(a)'';
            (D) in subsection (b), by inserting ``Enforcement Powers 
        and Proceedings.--'' after ``(b)''; and
            (E) in subsection (c), by inserting ``Seizure and 
        Forfeiture.--'' after ``(c)''; and
            (F) in subsection (d), by inserting ``Applicability of 
        Customs Laws.--'' after ``(d)''.
        (11) Section 205 (16 U.S.C. 670k) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 205. DEFINITIONS.''; and
            (B) by striking ``sec. 205.''.
        (12) Section 206 (16 U.S.C. 670l) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND 
      BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.''; and
            (B) by striking ``sec. 206.''.
        (13) Section 207 (16 U.S.C. 670m) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING 
      INDIAN RIGHTS.''; and
            (B) by striking ``sec. 207.''.
        (14) Section 209 (16 U.S.C. 670o) is amended--
            (A) by inserting at the beginning the following:
    ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';
            (B) by striking ``sec. 209.'';
            (C) in subsection (a), by inserting ``Functions and 
        Responsibilities of Secretary of the Interior.--'' after 
        ``(a)'';
            (D) in subsection (b), by inserting ``Functions and 
        Responsibilities of Secretary of Agriculture.--'' after 
        ``(b)'';
            (E) in subsection (c), by inserting ``Use of Other 
        Conservation or Rehabilitation Authorities.--'' after ``(c)''; 
        and
            (F) in subsection (d), by inserting ``Contract Authority.--
        '' after ``(d)''.
    (c) Codification of Change of Name.--Section 204(b) of such Act (16 
U.S.C. 670j) is amended by striking ``magistrate'' both places it 
appears and inserting ``magistrate judge''.
    (d) Repeal of Obsolete Section.--Section 208 of such Act is 
repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated 
as section 208.
    SEC. 313. 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. In the event 
that there is such a discharge, the discharge shall be reported to the 
Secretary, with respect to the Coast Guard, or the Secretary concerned.
    ``(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. 314. MODIFICATION TO THE RESPONSIBILITIES OF THE ASSISTANT 
      SECRETARY OF DEFENSE FOR OPERATIONAL ENERGY, PLANS, AND PROGRAMS.
    (a) Modification of Responsibilities.--Section 138(c) of title 10, 
United States Code, is amended by adding at the end the following new 
paragraph:
    ``(3) The Assistant Secretary, in consultation with the heads of 
the military departments and the Assistant Secretary of Defense for 
Research and Engineering, shall--
        ``(A) lead the alternative fuel activities of the Department of 
    Defense and oversee the investments of the Department in such 
    activities;
        ``(B) make recommendations to the Secretary regarding the 
    development of alternative fuels by the military departments and 
    the Office of the Secretary of Defense;
        ``(C) establish guidelines and prescribe policy to streamline 
    the investments in alternative fuel activities across the 
    Department of Defense;
        ``(D) encourage collaboration with and leveraging of 
    investments made by the Department of Energy, the Department of 
    Agriculture, and other relevant Federal agencies to advance 
    alternative fuel development to the benefit of the Department of 
    Defense; and
        ``(E) certify the budget associated with the investment of the 
    Department of Defense in alternative fuel activities in accordance 
    with subsection (e)(4).''.
    (b) Reporting Requirement.--Section 2925(b)(2) of title 10, United 
States Code, is amended--
        (1) by redesignating subparagraph (E) as subparagraph (F); and
        (2) by inserting after subparagraph (D) the following new 
    subparagraph (E):
        ``(E) A description of the alternative fuel initiatives of the 
    Department of Defense, including funding and expenditures by 
    account and activity for the preceding fiscal year, including 
    funding made available in regular defense appropriations Acts and 
    any supplemental appropriation Acts.''.
    SEC. 315. ENERGY-EFFICIENT TECHNOLOGIES IN CONTRACTS FOR LOGISTICS 
      SUPPORT OF CONTINGENCY OPERATIONS.
    (a) Energy Performance Master Plan.--The energy performance master 
plan for the Department of Defense developed under section 2911 of 
title 10, United States Code, shall specifically address the 
application of energy-efficient or energy reduction technologies or 
processes meeting the requirements of subsection (b) in logistics 
support contracts for contingency operations. In accordance with the 
requirements of such section, the plan shall include goals, metrics, 
and incentives for achieving energy efficiency in such contracts.
    (b) Requirements for Energy Technologies and Processes.--Energy-
efficient and energy reduction technologies or processes described in 
subsection (a) are technologies or processes that meet the following 
criteria:
        (1) The technology or process achieves long-term savings for 
    the Government by reducing overall demand for fuel and other 
    sources of energy in contingency operations.
        (2) The technology or process does not disrupt the mission, the 
    logistics, or the core requirements in the contingency operation 
    concerned.
        (3) The technology or process is able to integrate seamlessly 
    into the existing infrastructure in the contingency operation 
    concerned.
    (d) Regulations and Guidance.--The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall issue such regulations and 
guidance as may be needed to implement the requirements of this section 
and ensure that goals established pursuant to subsection (a) are met. 
Such regulations or guidance shall consider the lifecycle cost savings 
associated with the energy technology or process being offered by a 
vendor for defense logistics support and oblige the offeror to 
demonstrate the savings achieved over traditional technologies.
    (e) Report.--The annual report required by section 2925(b) of title 
10, United States Code, shall include information on the progress in 
the implementation of this section, including savings achieved by the 
Department resulting from such implementation.
    (f) Definitions.--In this section:
        (1) The term ``defense logistics support contract'' means a 
    contract for services, or a task order under such a contract, 
    awarded by the Department of Defense to provide logistics support 
    during times of military mobilizations, including contingency 
    operations, in any amount greater than the simplified acquisition 
    threshold.
        (2) The term ``contingency operation'' has the meaning provided 
    in section 101(a)(13) of title 10, United States Code.
    SEC. 316. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE IS DISPOSED 
      OF IN OPEN-AIR BURN PITS.
    Section 317 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2250; 10 U.S.C. 2701 note) is 
amended--
        (1) by redesignating subsection (c) as subsection (d); and
        (2) by inserting after subsection (b) the following new 
    subsection (c):
    ``(c) Health Assessment Reports.--Not later than 180 days after 
notice is due under subsection (a)(2), the Secretary shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a health assessment report on each open-air burn pit at 
a location where at least 100 personnel have been employed for 90 
consecutive days or more. Each such report shall include each of the 
following:
        ``(1) An epidemiological description of the short-term and 
    long-term health risks posed to personnel in the area where the 
    burn pit is located because of exposure to the open-air burn pit.
        ``(2) A copy of the methodology used to determine the health 
    risks described in paragraph (1).
        ``(3) A copy of the assessment of the operational risks and 
    health risks when making the determination pursuant to subsection 
    (a) that no alternative disposal method is feasible for the open-
    air burn pit.''.
    SEC. 317. 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 Environmental Restoration Program, 
        including the following:
                ``(i) The total number of sites in the Environmental 
            Restoration Program.
                ``(ii) The number of sites in the Environmental 
            Restoration Program that have reached the Remedy in Place 
            Stage and the Response Complete Stage, and the change in 
            such numbers in the preceding fiscal 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 Environmental Restoration Program.
            ``(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 fiscal 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 
        current fiscal year, 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 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. 318. 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. 319. 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. 320. 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).''.

                 Subtitle C--Logistics and Sustainment

    SEC. 321. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.
    Section 2460 of title 10, United States Code, is amended to read as 
follows:
``Sec. 2460. Definition of depot-level maintenance and repair
    ``In this chapter, the term ``depot-level maintenance and 
repair''--
        ``(1) means any action performed on materiel or software in the 
    conduct of inspection, repair, overhaul, or the modification or 
    rebuild of end-items, assemblies, subassemblies, and parts, that--
            ``(A) requires extensive industrial facilities, specialized 
        tools and equipment, or uniquely experienced and trained 
        personnel that are not available in lower echelon-level 
        maintenance activities; and
            ``(B) is a function and, as such, is independent of any 
        location or funding source and may be performed in the public 
        or private sectors (including the performance of interim 
        contract support or contract logistic support arrangements); 
        and
        ``(2) includes--
            ``(A) the fabrication of parts, testing, and reclamation, 
        as necessary;
            ``(B) the repair, adaptive modifications or upgrades, 
        change events made to operational software, integration and 
        testing; and
            ``(C) in the case of either hardware or software 
        modifications or upgrades, the labor associated with the 
        application of the modification.''.
    SEC. 322. DESIGNATION OF MILITARY ARSENAL FACILITIES AS CENTERS OF 
      INDUSTRIAL AND TECHNICAL EXCELLENCE.
    Section 2474(a)(1) of title 10, United States Code, is amended by 
inserting ``or military arsenal facility'' after ``depot-level 
activity''.
    SEC. 323. PERMANENT AND EXPANDED AUTHORITY FOR ARMY INDUSTRIAL 
      FACILITIES TO ENTER INTO CERTAIN COOPERATIVE ARRANGEMENTS WITH 
      NON-ARMY ENTITIES.
    (a) In General.--Section 4544 of title 10, United States Code, is 
amended--
        (1) in subsection (a), by striking the second sentence; and
        (2) by striking subsection (k).
    (b) Report.--Section 328(b)(A) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
66; 10 U.S.C. 4544 note) is amended by striking ``the advisability'' 
and all that follows through the end and inserting ``the effect of the 
use of such authority on the rates charged by each Army industrial 
facility when bidding on contracts for the Army or for a Defense agency 
and providing recommendations to improve the ability of each category 
of Army industrial facility (as defined in section 4544(j) of title 10, 
United States Code) to compete for such contracts;''.
    SEC. 324. IMPLEMENTATION OF CORRECTIVE ACTIONS RESULTING FROM 
      CORROSION STUDY OF THE F-22 AND F-35 AIRCRAFT.
    (a) Implementation; Congressional Briefing.--Not later than January 
31, 2012, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall implement the recommended actions described in 
subsection (b) and provide to the congressional defense committees a 
briefing on the actions taken by the Under Secretary to implement such 
recommended actions.
    (b) Recommended Actions.--The recommended actions described in this 
subsection are the following four recommended actions included in the 
report of the Government Accountability Office report numbered GAO-11-
117R and titled ``Defense Management: DOD Needs to Monitor and Assess 
Corrective Actions Resulting from Its Corrosion Study of the F-35 Joint 
Strike Fighter'':
        (1) The documentation of program-specific recommendations made 
    as a result of the corrosion study described in subsection (d) with 
    regard to the F-35 and F-22 aircraft and the establishment of a 
    process for monitoring and assessing the effectiveness of the 
    corrective actions taken with respect to such aircraft in response 
    to such recommendations.
        (2) The documentation of program-specific recommendations made 
    as a result of such corrosion study with regard to the other weapon 
    systems identified in the study, specifically the CH-53K 
    helicopter, the Joint High Speed Vessel, the Broad Area Maritime 
    Surveillance Unmanned Aircraft System, and the Joint Light Tactical 
    Vehicle, and the establishment of a process for monitoring and 
    assessing the effectiveness of the corrosion prevention and control 
    programs implemented for such weapons systems in response to such 
    recommendations.
        (3) The documentation of Air Force-specific and Navy-specific 
    recommendations made as a result of such corrosion study and the 
    establishment of a process for monitoring and assessing the 
    effectiveness of the corrective actions taken by the Air Force and 
    the Navy in response to such recommendations.
        (4) The documentation of Department of Defense-wide 
    recommendations made as a result of such corrosion study, the 
    implementation of any needed changes in policies and practices to 
    improve corrosion prevention and control in new systems acquired by 
    the Department, and the establishment of a process for monitoring 
    and assessing the effectiveness of the corrective actions taken by 
    the Department in response to such recommendations.
    (c) Deadline for Compliance.--Not later than December 31, 2012, the 
Under Secretary of Defense for Acquisition, Technology, and Logistics, 
in conjunction with the directors of the F-35 and F-22 program offices, 
the directors of the program offices for the weapons systems referred 
to in subsection (b)(2), the Secretary of the Army, the Secretary of 
the Air Force, and the Secretary of the Navy, shall--
        (1) take whatever steps necessary to comply with the 
    recommendations documented pursuant to the required implementation 
    under subsection (a) of the recommended actions described in 
    subsection (b); or
        (2) submit to the congressional defense committees written 
    justification of why compliance was not feasible or achieved.
    (d) Corrosion Study.--The corrosion study described in this 
subsection is the study required in House Report 111-166 accompanying 
H.R. 2647 of the 111th Congress conducted by the Office of the Director 
of Corrosion Policy and Oversight of the Office of the Secretary of 
Defense and titled ``Corrosion Evaluation of the F-22 Raptor and F-35 
Lightning II Joint Strike Fighter''.
    SEC. 325. MODIFICATION OF REQUIREMENTS RELATING TO MINIMUM CAPITAL 
      INVESTMENT FOR CERTAIN DEPOTS.
    Section 2476 of title 10, United States Code, is amended--
        (1) in subsection (a), by inserting ``maintenance, repair, and 
    overhaul'' after ``combined'';
        (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 inserting before the period at the end the 
        following: ``, but does not include funds spent for sustainment 
        of existing facilities, infrastructure, or equipment''.
        (3) in subsection (d), by adding at the end the following new 
    subparagraph:
        ``(E) A table showing the funded workload performed by each 
    covered depot for the preceding three fiscal years and actual 
    investment funds allocated to each depot for the period covered by 
    the report.''; and
        (4) in subsection (e)(1), by adding at the end the following 
    new subparagraph:
            ``(I) Tooele Army Depot, Utah.''.
    SEC. 326. 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 New Dawn and Enduring Freedom 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 Secretary 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 and Department of 
        Defense arsenals 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, Military 
Command Structure, 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, 
    military command structure, 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).
    SEC. 327. CORE DEPOT-LEVEL MAINTENANCE AND REPAIR CAPABILITIES.
    (a) In General.--Section 2464 of title 10, United States Code, is 
amended to read as follows:
``Sec. 2464. Core depot-level maintenance and repair capabilities
    ``(a) Necessity for Core Depot-level Maintenance and Repair 
Capabilities.--(1) It is essential for national security that the 
Department of Defense maintain a core depot-level maintenance and 
repair capability, as defined by this title, in support of mission-
essential weapon systems or items of military equipment needed to 
directly support combatant command operational requirements and enable 
the armed forces to execute the strategic, contingency, and emergency 
plans prepared by the Department of Defense, as required under section 
153(a) of this title.
    ``(2) This core depot-level maintenance and repair capability shall 
be Government-owned and Government-operated, including the use of 
Government personnel and Government-owned and Government-operated 
equipment and facilities, throughout the lifecycle of the weapon system 
or item of military equipment involved to ensure a ready and controlled 
source of technical competence and resources necessary to ensure 
effective and timely response to a mobilization, national defense 
contingency situations, and other emergency requirements.
    ``(3)(A) Except as provided in subsection (c), the Secretary of 
Defense shall identify and establish the core depot-level maintenance 
and repair capabilities and capacity required in paragraph (1).
    ``(B) Core depot-level maintenance and repair capabilities and 
capacity, including the facilities, equipment, associated logistics 
capabilities, technical data, and trained personnel, shall be 
established not later than four years after a weapon system or item of 
military equipment achieves initial operational capability or is 
fielded in support of operations.
    ``(4) The Secretary of Defense shall assign Government-owned and 
Government-operated depot-level maintenance and repair facilities of 
the Department of Defense sufficient workload to ensure cost efficiency 
and technical competence in peacetime, while preserving the ability to 
provide an effective and timely response to a mobilization, national 
defense contingency situations, and other emergency requirements.
    ``(b) Waiver Authority.--(1) The Secretary of Defense may waive the 
requirement in subsection (a)(3) if the Secretary determines that--
        ``(A) the weapon system or item of military equipment is not an 
    enduring element of the national defense strategy;
        ``(B) in the case of nuclear aircraft carrier refueling, 
    fulfilling the requirement is not economically feasible; or
        ``(C) it is in the best interest of national security.
    ``(2) The Secretary of a military department may waive the 
requirement in subsection (a)(3) for special access programs if such a 
waiver is determined to be in the best interest of the United States.
    ``(3) The determination to waive requirements in accordance with 
paragraph (1) or (2) shall be documented and notification submitted to 
Congress with justification for the waiver within 30 days of issuance.
    ``(c) Applicability to Commercial Items.--(1) The requirement in 
subsection (a)(3) shall not apply to items determined to be commercial 
items.
    ``(2) The first time a weapon system or other item of military 
equipment described in subsection (a) is determined to be a commercial 
item for the purposes of the exception under subsection (c), the 
Secretary of Defense shall submit to Congress a notification of the 
determination, together with the justification for the determination. 
The justification for the determination shall include, at a minimum, 
the following:
        ``(A) The estimated percentage of commonality of parts of the 
    version of the item that is sold or leased in the commercial 
    marketplace and the version of the item to be purchased by the 
    Department of Defense.
        ``(B) The value of any unique support and test equipment and 
    tools needed to support the military requirements if the item were 
    maintained by the Department of Defense.
        ``(C) A comparison of the estimated life-cycle depot-level 
    maintenance and repair support costs that would be incurred by the 
    Government if the item were maintained by the private sector with 
    the estimated life-cycle depot-level maintenance support costs that 
    would be incurred by the Government if the item were maintained by 
    the Department of Defense.
    ``(3) In this subsection, the term `commercial item' means an end-
item, assembly, subassembly, or part sold or leased in substantial 
quantities to the general public and purchased by the Department of 
Defense without modification in the same form that they are sold in the 
commercial marketplace, or with minor modifications to meet Federal 
Government requirements.
    ``(d) Limitation on Contracting.--(1) Except as provided in 
paragraph (2), performance of workload needed to maintain a core depot-
level maintenance and repair capability identified by the Secretary 
under subsection (a)(3) may not be contracted for performance by non-
Government personnel under the procedures and requirements of Office of 
Management and Budget Circular A-76 or any successor administrative 
regulation or policy (hereinafter in this section referred to as `OMB 
Circular A-76').
    ``(2) The Secretary of Defense may waive paragraph (1) in the case 
of any such depot-level maintenance and repair capability and provide 
that performance of the workload needed to maintain that capability 
shall be considered for conversion to contractor performance in 
accordance with OMB Circular A-76. Any such waiver shall be made under 
regulations prescribed by the Secretary and shall be based on a 
determination by the Secretary that Government performance of the 
workload is no longer required for national defense reasons. Such 
regulations shall include criteria for determining whether Government 
performance of any such workload is no longer required for national 
defense reasons.
    ``(3)(A) A waiver under paragraph (2) may not take effect until the 
expiration of the first period of 30 days of continuous session of 
Congress that begins on or after the date on which the Secretary 
submits a report on the waiver to the Committee on Armed Services and 
the Committee on Appropriations of the Senate and the Committee on 
Armed Services and the Committee on Appropriations of the House of 
Representatives.
    ``(B) For the purposes of subparagraph (A)--
        ``(i) continuity of session is broken only by an adjournment of 
    Congress sine die; and
        ``(ii) the days on which either House is not in session because 
    of an adjournment of more than three days to a day certain are 
    excluded in the computation of any period of time in which Congress 
    is in continuous session.
    ``(e) Biennial Core Report.--Not later than April 1 on each even-
numbered year, the Secretary of Defense shall submit to Congress a 
report identifying, for each of the armed forces (except for the Coast 
Guard), for the subsequent fiscal year the following:
        ``(1) The core depot-level maintenance and repair capability 
    requirements and sustaining workloads, organized by work breakdown 
    structure, expressed in direct labor hours.
        ``(2) The corresponding workloads necessary to sustain core 
    depot-level maintenance and repair capability requirements, 
    expressed in direct labor hours and cost.
        ``(3) In any case where core depot-level maintenance and repair 
    capability requirements exceed or are expected to exceed sustaining 
    workloads, a detailed rationale for the shortfall and a plan either 
    to correct, or mitigate, the effects of the shortfall.
    ``(f) Annual Core Report.-- In 2013 and each year thereafter, not 
later than 60 days after the date on which the budget of the President 
for a fiscal year is submitted to Congress pursuant to section 1105 of 
title 31, the Secretary of Defense shall submit to Congress a report 
identifying, for each of the armed forces (other than the Coast Guard), 
for the fiscal year preceding the fiscal year during which the report 
is submitted, each of the following:
        ``(1) The core depot-level maintenance and repair capability 
    requirements identified in subsection (a)(3).
        ``(2) The workload required to cost-effectively support such 
    requirements.
        ``(3) To the maximum extent practicable, the additional 
    workload beyond the workloads identified under subsection (a)(4) 
    needed to ensure that not more than 50 percent of the non-exempt 
    depot maintenance funding is expended for performance by non-
    Federal governmental personnel in accordance with section 2466 of 
    this title.
        ``(4) The allocation of workload for each Center of Industrial 
    and Technical Excellence as designated in accordance with section 
    2474 of this title.
        ``(5) The depot-level maintenance and repair capital 
    investments required to be made in order to ensure compliance with 
    subsection (a)(3) by not later than four years after achieving 
    initial operational capacity.
        ``(6) The outcome of a reassessment of continuation of a waiver 
    granted under subsection (b).
    ``(g) Comptroller General Review.--The Comptroller General shall 
review each report required under subsections (e) and (f) for 
completeness and compliance and provide findings and recommendations to 
the congressional defense committees not later than 60 days after the 
report is submitted to Congress.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 146 of such title is amended by striking the item relating to 
section 2464 and inserting the following new item:

``2464. Core depot-level maintenance and repair capabilities.''.

                         Subtitle D--Readiness

    SEC. 331. MODIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO ACCEPT 
      VOLUNTARY CONTRIBUTIONS OF FUNDS.
    The second sentence of subsection (g) of section 358 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111-383; 124 Stat. 4201; 49 U.S.C. 44718 note) is amended--
        (1) by striking ``shall be available'' and inserting ``shall 
    remain available until expended''; and
        (2) by inserting before the period at the end the following: 
    ``or to conduct studies of potential measures to mitigate such 
    impacts''.
    SEC. 332. REVIEW OF PROPOSED STRUCTURES AFFECTING NAVIGABLE 
      AIRSPACE.
    Section 44718 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Review of Aeronautical Studies.--The Administrator of the 
Federal Aviation Administration shall develop procedures to allow the 
Department of Defense and the Department of Homeland Security to review 
and comment on an aeronautical study conducted pursuant to subsection 
(b) prior to the completion of the study.''.

                          Subtitle E--Reports

    SEC. 341. ANNUAL CERTIFICATION AND MODIFICATIONS OF ANNUAL REPORT 
      ON PREPOSITIONED MATERIEL AND EQUIPMENT.
    (a) Annual Certification.--Section 2229 of title 10, United States 
Code, is amended by adding at the end the following new subsection:
    ``(d) Annual Certification.--(1) Not later than the date of the 
submission of the President's budget request for a fiscal year under 
section 1105 of title 31, the Secretary of Defense shall submit to the 
congressional defense committees certification in writing that the 
prepositioned stocks of each of the military departments meet all 
operations plans, in both fill and readiness, that are in effect as of 
the date of the submission of the certification.
    ``(2) If, for any year, the Secretary cannot certify that any of 
the prepositioned stocks meet such operations plans, the Secretary 
shall include with the certification for that year a list of the 
operations plans affected, a description of any measures that have been 
taken to mitigate any risk associated with prepositioned stock 
shortfalls, and an anticipated timeframe for the replenishment of the 
stocks.
    ``(3) A certification under this subsection shall be in an 
unclassified form but may have a classified annex.''.
    (b) Annual Report.--Section 2229a(a) of title 10, United States 
Code, is amended by adding at the end the following new paragraphs:
        ``(7) A list of any non-standard items slated for inclusion in 
    the prepositioned stocks and a plan for funding the inclusion and 
    sustainment of such items.
        ``(8) A list of any equipment used in support of Operation 
    Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom 
    slated for retrograde and subsequent inclusion in the prepositioned 
    stocks.
        ``(9) An efficiency strategy for limited shelf-life medical 
    stock replacement.
        ``(10) The status of efforts to develop a joint strategy, 
    integrate service requirements, and eliminate redundancies.
        ``(11) The operational planning assumptions used in the 
    formulation of prepositioned stock levels and composition.
        ``(12) A list of any strategic plans affected by changes to the 
    levels, composition, or locations of the prepositioned stocks and a 
    description of any action taken to mitigate any risk that such 
    changes may create.''.
    SEC. 342. ADDITIONAL MATTERS FOR INCLUSION IN AND MODIFIED DEADLINE 
      FOR THE ANNUAL REPORT ON OPERATIONAL ENERGY.
    Section 2925(b)(2) of title 10, United States Code, is amended--
        (1) by redesignating subparagraph (F), as redesignated by 
    section 314, as subparagraph (G); and
        (2) by inserting after subparagraph (E), as added by such 
    section, the following new subparagraph (F):
        ``(F) An evaluation of practices used in contingency operations 
    during the previous fiscal year and potential improvements to such 
    practices to reduce vulnerabilities associated with fuel convoys, 
    including improvements in tent and structure efficiency, 
    improvements in generator efficiency, and displacement of liquid 
    fuels with on-site renewable energy generation. Such evaluation 
    should identify challenges associated with the deployment of more 
    efficient structures and equipment and renewable energy generation, 
    and recommendations for overcoming such challenges.''.
    SEC. 343. 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. 344. 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. 345. 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. 346. STUDY ON UNITED STATES FORCE POSTURE IN THE UNITED STATES 
      PACIFIC COMMAND AREA OF RESPONSIBILITY.
    (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 United States security 
    interests in the United States Pacific Command area of 
    responsibility. 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 United States Pacific Command area of 
        responsibility.
            (B) A review of current United States military force 
        posture and deployment plans of the United States Pacific 
        Command.
            (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. 347. STUDY ON OVERSEAS BASING PRESENCE OF UNITED STATES 
      FORCES.
    (a) Independent Assessment.--The Secretary of Defense shall 
commission an independent assessment of the overseas basing presence of 
United States forces.
    (b) Conduct of Assessment.--The assessment required by subsection 
(a) may, at the election of the Secretary, be conducted by--
        (1) a Federally-funded research and development center (FFRDC); 
    or
        (2) 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 appropriate for the assessment.
    (c) Elements.--The assessment required by subsection (a) should 
include, but not be limited to, the following:
        (1) An assessment of the location and number of United States 
    forces required to be forward based outside the United States in 
    order to meet the National Military Strategy, 2010, the quadrennial 
    defense review, and the engagement strategies and operational plans 
    of the combatant commands.
        (2) An assessment of--
            (A) the current condition and capacity of the available 
        military facilities and training ranges of the United States 
        overseas for all permanent stations and deployed locations, 
        including land and improvements at such facilities and ranges 
        and the availability of additional land, if required, for such 
        facilities and ranges; and
            (B) the cost of maintaining such infrastructure.
        (3) A determination of the amounts received by the United 
    States, whether in direct payments, in-kind contributions, or 
    otherwise, from foreign countries by reason of military facilities 
    of the United States overseas.
        (4) A determination of the amounts paid by the United States in 
    direct payments to foreign countries for the use of facilities, 
    ranges, and lands.
        (5) An assessment of the advisability of the retention, 
    closure, or realignment of military facilities of the United States 
    overseas, or of the establishment of new military facilities of the 
    United States overseas, in light of potential fiscal constraints on 
    the Department of Defense and emerging national security 
    requirements in coming years.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the entity selected for the conduct of the 
assessment required by subsection (a) shall provide to the Secretary an 
unclassified report, with a classified annex (if appropriate), 
containing its findings as a result of the assessment. Not later than 
90 days after the date of receipt of the report, the Secretary shall 
transmit the report to the congressional defense committees, together 
with such comments on the report as the Secretary considers 
appropriate.
    (e) Funding.--Of the amounts authorized to be appropriated by 
section 301 and available for operation and maintenance for Defense-
wide activities as specified in the funding table in section 4301, up 
to $2,000,000 shall be made available for the completion of the 
assessment required by subsection (a).
    SEC. 348. INCLUSION OF ASSESSMENT OF JOINT MILITARY TRAINING AND 
      FORCE ALLOCATIONS IN QUADRENNIAL DEFENSE REVIEW AND NATIONAL 
      MILITARY STRATEGY.
    The assessments of the National Military Strategy conducted by the 
Chairman of the Joint Chiefs of Staff under section 153(b) of this 
title, and the quadrennial roles and missions review pursuant to 
section 118b of this title, shall include an assessment of joint 
military training and force allocations to determine--
        (1) the compliance of the military departments with the joint 
    training, doctrine, and resource allocation recommendations 
    promulgated by the Joint Chiefs of Staff; and
        (2) the effectiveness of the Joint Staff in carrying out the 
    missions of planning and experimentation formerly accomplished by 
    Joint Forces Command.
    SEC. 349. MODIFICATION OF REPORT ON PROCUREMENT OF MILITARY WORKING 
      DOGS.
    Subsection (c) of section 358 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4427; 10 U.S.C. 2302 note) is amended--
        (1) in the subsection heading by striking ``Annual Report'' and 
    inserting ``Biennial Report'';
        (2) by striking ``annually thereafter for each of the following 
    five years'' and inserting ``biennially thereafter'';
        (3) by striking ``for the fiscal year preceding'' and inserting 
    ``for the two fiscal years preceding'';
        (4) by striking the second sentence; and
        (5) by striking ``for the fiscal year covered by the report'' 
    and inserting ``for the period covered by the report''.

           Subtitle F--Limitations and Extension of Authority

    SEC. 351. ADOPTION OF MILITARY WORKING DOG BY FAMILY OF DECEASED OR 
      SERIOUSLY WOUNDED MEMBER OF THE ARMED FORCES WHO WAS THE DOG'S 
      HANDLER.
    Section 2583 of title 10, United States Code, is amended--
        (1) in subsection (a)(2) by inserting after ``extraordinary 
    circumstances'' the following: ``, including circumstances under 
    which the handler of a military working dog is killed in action, 
    dies of wounds received in action, or is medically retired as a 
    result of injuries received in action,''; and
        (2) in subsection (c), by adding at the end the following: ``If 
    the Secretary of the military department concerned determines that 
    an adoption is justified under subsection (a)(2) under 
    circumstances under which the handler of a military working dog is 
    wounded in action, the dog may be made available for adoption only 
    by the handler. If the Secretary of the military department 
    concerned determines that such an adoption is justified under 
    circumstances under which the handler of a military working dog is 
    killed in action or dies of wounds received in action, the military 
    working dog shall be made available for adoption only by a parent, 
    child, spouse, or sibling of the deceased handler.''.
    SEC. 352. PROHIBITION ON EXPANSION OF THE AIR FORCE FOOD 
      TRANSFORMATION INITIATIVE.
    The Secretary of the Air Force may not expand the Air Force food 
transformation initiative (hereinafter referred to as the 
``initiative'') to include any base other than the six bases initially 
included in the pilot program until the Secretary of the Air Force 
submits to the Committees on Armed Services of the Senate and House of 
Representatives a report on the initiative. Such report shall include 
the following:
        (1) A description of the effects of the initiative on all 
    employees who are paid through nonappropriated funds.
        (2) A description of the training programs being developed to 
    assist the transition for all employees affected by the initiative.
        (3) An explanation of how appropriated and non-appropriated 
    funds used in the initiative are being tracked to ensure that such 
    funds remain segregated.
        (4) An estimate of the cost savings and efficiencies associated 
    with the initiative, and an explanation of how such savings are 
    achieved.
        (5) An assessment of increases in food prices at both the 
    appropriated facilities on the military bases participating in the 
    initiative as of the date of the enactment of this Act and the non-
    appropriated funded facilities on such bases.
        (6) A plan for addressing any recommendations made by the 
    Comptroller General of the United States following the Comptroller 
    General's review of the initiative.
    SEC. 353. DESIGNATION AND LIMITATION ON OBLIGATION AND EXPENDITURE 
      OF FUNDS FOR THE MIGRATION OF ARMY ENTERPRISE EMAIL SERVICES.
    (a) Designation.--The Secretary of the Army shall designate the 
effort to consolidate its enterprise email services a formal 
acquisition program with the Army acquisition executive as the 
milestone decision authority. The Secretary of the Army may not 
delegate the authority under this subsection.
    (b) Limitation.--None of the funds authorized to be appropriated by 
this Act or otherwise made available to the Department of Defense for 
fiscal year 2012 for procurement or operation and maintenance for the 
migration to enterprise email services by the Department of the Army 
may be obligated or expended until the date that is 30 days after the 
date on which the Secretary of Army submits to the congressional 
defense committees a report on the acquisition strategy for the 
acquisition program designated under subsection (a), including 
certification that existing and planned efforts for the program comply 
with all existing regulations pertaining to competition. The report 
shall include each of the following:
        (1) A description of the formal acquisition oversight body 
    established.
        (2) An assessment by the acquisition oversight body of the 
    sufficiency and completeness of the current validated requirements 
    and analysis of alternatives.
        (3) In any instances where the validated requirements or 
    analysis of alternatives has been determined to be insufficient, a 
    plan for remediation.
        (4) An assessment by the Army Audit Agency to determine the 
    cost savings and cost avoidance expected from each of the 
    alternatives to be considered.
        (5) An assessment of the technical challenges to implementing 
    the selected approach, including a security assessment.
        (6) A certification by the Secretary of the Army that the 
    selected approach for moving forward is in the best technical and 
    financial interests of the Army and provides for the maximum amount 
    of competition possible in accordance with section 2302(3)(D) of 
    title 10, United States Code.
        (7) A detailed accounting of the funding expended by the 
    program as of the date of the enactment of this Act, as well as an 
    estimate of the funding needed to complete the selected approach.
    (c) Report by Chief Information Officer of the Department of 
Defense.--Not later than 180 days after the date of the enactment of 
this Act, the Chief Information Officer of the Department of Defense 
shall submit to the congressional defense committees a report on 
Department of Defense plans for enterprise email. Such report shall 
include--
        (1) an assessment of how the migration of the Army's email 
    system to the Defense Information Services Agency fits within the 
    Department's strategic information technology plans;
        (2) a description of how the Chief Information Officer is 
    addressing the email capabilities of the other military 
    departments, including plans for consolidating the email services 
    of the other military departments; and
        (3) a description of the degree to which fair and open 
    competition will be or has been used to modernize the existing 
    infrastructure to which the Army is migrating its email services, 
    including a roadmap detailing when elements of the architecture 
    will be upgraded over time.
    SEC. 354. ONE-YEAR EXTENSION OF PILOT PROGRAM FOR AVAILABILITY OF 
      WORKING-CAPITAL FUNDS TO ARMY FOR CERTAIN PRODUCT IMPROVEMENTS.
    Section 330(f) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 68) is amended by striking 
``October 1, 2013'' and inserting ``October 1, 2014''.

                       Subtitle G--Other Matters

    SEC. 361. 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. 362. COMPTROLLER GENERAL REVIEW OF SPACE-AVAILABLE TRAVEL ON 
      MILITARY AIRCRAFT.
    (a) Review Required.--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.
    (b) Elements.--The review required under subsection (a) shall 
include the following elements:
        (1) A discussion of the efficiency of the system and data 
    regarding usage of available space by category of passengers under 
    existing regulations.
        (2) Estimates of the effect on availability based on future 
    projections.
        (3) A discussion of the logistical and managements problems, 
    including congestion at terminals, waiting times, lodging 
    availability, and personal hardships currently experienced by 
    travelers.
        (4) An evaluation of the cost of the system and whether space-
    available travel is and can remain cost-neutral.
        (5) An evaluation of the feasibility of expanding the 
    categories of passengers eligible for space-available travel to 
    include--
            (A) in the case of overseas travel, retired members 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 title 10, 
        United States Code, would be eligible for retired pay under 
        chapter 1223 of such title; and
            (B) unremarried widows and widowers of active or reserve 
        component members of the Armed Forces.
        (6) Other factors relating to the efficiency and cost 
    effectiveness of space-available travel.
    SEC. 363. 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. 364. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE 
      PROTECTION AGREEMENTS.
    (a) In General.--Subsection (b) of section 5 of the Act of May 27, 
1955 (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. 365. CLARIFICATION OF THE AIRLIFT SERVICE DEFINITIONS RELATIVE 
      TO THE CIVIL RESERVE AIR FLEET.
    (a) Clarification.--Section 41106 of title 49, United States Code, 
is amended--
        (1) in subsections (a)(1), (b), and (c), by striking 
    ``transport category aircraft'' each place it appears 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, `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. 366. RATEMAKING PROCEDURES FOR CIVIL RESERVE AIR FLEET 
      CONTRACTS.
    (a) 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.
    ``(b) Regulations.--The Secretary of Defense shall prescribe 
regulations for purposes of subsection (a). The Secretary may exclude 
from the applicability of those regulations any airlift services 
contract made through the use of competitive procedures.
    ``(c) Commitment of Aircraft as a 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
9511 the following new item:

``9511a. Civil Reserve Air Fleet contracts: payment rate.''.

    (c) 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. 367. POLICY ON ACTIVE SHOOTER TRAINING FOR CERTAIN LAW 
      ENFORCEMENT PERSONNEL.
    The Secretary of Defense shall establish policy and promulgate 
guidelines to ensure civilian and military law enforcement personnel 
charged with security functions on military installations shall receive 
Active Shooter Training as described in finding 4.3 of the document 
entitled ``Protecting the Force: Lessons From Fort Hood''.
    SEC. 368. PROCUREMENT OF TENTS OR OTHER TEMPORARY STRUCTURES.
    (a) In General.--In procuring tents or other temporary structures 
for use by the Armed Forces, and in establishing or maintaining an 
alternative source for such tents and structures, the Secretary of 
Defense shall award contracts that provide the best value to the United 
States. In determining the best value to the United States under this 
section, the Secretary shall consider the total life-cycle costs of 
such tents or structures, including the costs associated with any 
equipment or fuel needed to heat or cool such tents or structures.
    (b) Interagency Procurement.--The requirements of this section 
shall apply to any agency or department of the United States that 
procures tents or other temporary structures on behalf of the 
Department of Defense.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
          reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 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.

                       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.
    SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
      LEVELS.
    Section 691(b) of title 10, United States Code, is amended by 
striking paragraphs (1) through (4) and inserting the following new 
paragraphs:
        ``(1) For the Army, 547,400.
        ``(2) For the Navy, 325,700.
        ``(3) For the Marine Corps, 202,100.
        ``(4) For 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, 10,337.
        (4) The Marine Corps Reserve, 2,261.
        (5) The Air National Guard of the United States, 14,833.
        (6) The Air Force Reserve, 2,662.
    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, 10,777.
        (4) For the Air National Guard of the United States, 22,509.
    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.--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 military personnel, as 
specified in the funding table in section 4401.
    (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 in grades of major, lieutenant colonel, and 
          colonel.
Sec. 502. General officer and flag officer reform.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Voluntary retirement incentive matters.

                Subtitle B--Reserve Component Management

Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Membership of the Chief of the National Guard Bureau on the 
          Joint Chiefs of Staff.
Sec. 513. Modification of time in which preseparation counseling must be 
          provided to reserve component members being demobilized.
Sec. 514. Clarification of applicability of authority for deferral of 
          mandatory separation of military technicians (dual status) 
          until age 60.
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.
Sec. 516. Authority for order to active duty of units of the Selected 
          Reserve for preplanned missions in support of the combatant 
          commands.
Sec. 517. Modification of eligibility for consideration for promotion 
          for reserve officers employed as military technicians (dual 
          status).
Sec. 518. Consideration of reserve component officers for appointment to 
          certain command positions.
Sec. 519. Report on termination of military technician as a distinct 
          personnel management category.

                 Subtitle C--General Service Authorities

Sec. 521. Sense of Congress on the unique nature, demands, and hardships 
          of military service.
Sec. 522. Policy addressing dwell time and measurement and data 
          collection regarding unit operating tempo and personnel tempo.
Sec. 523. Protected communications by members of the Armed Forces and 
          prohibition of retaliatory personnel actions.
Sec. 524. Notification requirement for determination made in response to 
          review of proposal for award of Medal of Honor not previously 
          submitted in timely fashion.
Sec. 525. Expansion of regular enlisted members covered by early 
          discharge authority.
Sec. 526. Extension of voluntary separation pay and benefits authority.
Sec. 527. 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. 528. Designation of persons authorized to direct disposition of 
          remains of members of the Armed Forces.
Sec. 529. Matters covered by preseparation counseling for members of the 
          Armed Forces and their spouses.
Sec. 530. Conversion of high-deployment allowance from mandatory to 
          authorized.
Sec. 531. Extension of authority to conduct programs on career 
          flexibility to enhance retention of members of the Armed 
          Forces.
Sec. 532. Policy on military recruitment and enlistment of graduates of 
          secondary schools.
Sec. 533. Department of Defense suicide prevention program.

             Subtitle D--Military Justice and Legal Matters

Sec. 541. Reform of offenses relating to rape, sexual assault, and other 
          sexual misconduct under the Uniform Code of Military Justice.
Sec. 542. Authority to compel production of documentary evidence.
Sec. 543. Clarification of application and extent of direct acceptance 
          of gifts authority.
Sec. 544. Freedom of conscience of military chaplains with respect to 
          the performance of marriages.

      Subtitle E--Member Education and Training Opportunities and 
                             Administration

Sec. 551. Employment skills training for members of the Armed Forces on 
          active duty who are transitioning to civilian life.
Sec. 552. Enhancement of authorities on joint professional military 
          education.
Sec. 553. Temporary authority to waive maximum age limitation on 
          admission to the military service academies.
Sec. 554. Enhancement of administration of the United States Air Force 
          Institute of Technology.
Sec. 555. 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. 556. Reserve component mental health student stipend.
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-
          Teachers Program.
Sec. 558. Pilot program on receipt of civilian credentialing for skills 
          required for military occupational specialties.
Sec. 559. Report on certain education assistance programs.

                Subtitle F--Armed Forces Retirement Home

Sec. 561. Control and administration by Secretary of Defense.
Sec. 562. Senior Medical Advisor oversight of health care provided to 
          residents of Armed Forces Retirement Home.
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council 
          and Resident Advisory Committees.
Sec. 564. Administrators, Ombudsmen, and staff of facilities.
Sec. 565. Revision of fee requirements.
Sec. 566. Revision of inspection requirements.
Sec. 567. Repeal of obsolete transitional provisions and technical, 
          conforming, and clerical amendments.

Subtitle G--Defense Dependents' Education and Military Family Readiness 
                                 Matters

Sec. 571. Impact aid for children with severe disabilities.
Sec. 572. Continuation of authority to assist local educational agencies 
          that benefit dependents of members of the Armed Forces and 
          Department of Defense civilian employees.
Sec. 573. Three-year extension and enhancement of authorities on 
          transition of military dependent students among local 
          educational agencies.
Sec. 574. Revision to membership of Department of Defense Military 
          Family Readiness Council.
Sec. 575. Reemployment rights following certain National Guard duty.
Sec. 576. Expansion of Operation Hero Miles.
Sec. 577. Report on Department of Defense autism pilot and demonstration 
          projects.
Sec. 578. Comptroller General of the United States report on Department 
          of Defense military spouse employment programs.

Subtitle H--Improved Sexual Assault Prevention and Response in the Armed 
                                 Forces

Sec. 581. Access of sexual assault victims to legal assistance and 
          services of Sexual Assault Response Coordinators and Sexual 
          Assault Victim Advocates.
Sec. 582. Consideration of application for permanent change of station 
          or unit transfer based on humanitarian conditions for victim 
          of sexual assault or related offense.
Sec. 583. Director of Sexual Assault Prevention and Response Office.
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim 
          Advocates.
Sec. 585. Training and education programs for sexual assault prevention 
          and response program.
Sec. 586. 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 I--Other Matters

Sec. 588. Department of Defense authority to carry out personnel 
          recovery reintegration and post-isolation support activities.
Sec. 589. Military adaptive sports program.
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration 
          Program.
Sec. 591. Army National Military Cemeteries.
Sec. 592. Inspection of military cemeteries under jurisdiction of the 
          military departments.
Sec. 593. Authorization for award of the distinguished service cross for 
          Captain Fredrick L. Spaulding for acts of valor during the 
          Vietnam War.
Sec. 594. Authorization and request for award of Medal of Honor to Emil 
          Kapaun for acts of valor during the Korean War.
Sec. 595. Review regarding award of Medal of Honor to Jewish American 
          World War I veterans.
Sec. 596. Report on process for expedited determination of disability of 
          members of the Armed Forces with certain disabling conditions.
Sec. 597. Comptroller General study of military necessity of Selective 
          Service System and alternatives.
Sec. 598. Evaluation of issues affecting disposition of remains of 
          American sailors killed in the explosion of the ketch U.S.S. 
          Intrepid in Tripoli Harbor on September 4, 1804.

             Subtitle A--Officer Personnel Policy Generally

    SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS 
      OFFICERS ON ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, 
      AND COLONEL.
    The table in subsection (a)(1) of section 523 of title 10, United 
States Code, is amended by striking the items relating to the total 
number of commissioned officers (excluding officers in categories 
specified in subsection (b) of such section) serving on active duty in 
the Marine Corps in the grades of major, lieutenant colonel, and 
colonel, respectively, and inserting the following new items:


``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. GENERAL OFFICER AND FLAG OFFICER REFORM.
    (a) Removal of Certain Positions From Exception to Distribution 
Limits.--
        (1) Removal of positions.--Subsection (b) of section 525 of 
    title 10, United States Code, is amended to read as follows:
    ``(b) The limitations of subsection (a) do not include the 
following:
        ``(1) An officer released from a joint duty assignment, but 
    only during the 60-day period beginning on the date the officer 
    departs the joint duty assignment, except that the Secretary of 
    Defense may authorize the Secretary of a military department to 
    extend the 60-day period by an additional 120 days, but no more 
    than three officers from each armed forces may be on active duty 
    who are excluded under this paragraph.
        ``(2) The number of officers required to serve in joint duty 
    assignments as authorized by the Secretary of Defense under section 
    526(b) for each military service.''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on January 1, 2012.
    (b) Limitation on Number of General and Flag Officers on Active 
Duty.--
        (1) Limitation; exclusion for joint duty requirements.--Section 
    526 of such title is amended--
            (A) in subsection (a)--
                (i) in paragraph (1), by striking ``230'' and inserting 
            ``231'';
                (ii) in paragraph (2), by striking ``160'' and 
            inserting ``161'';
                (iii) in paragraph (3), by striking ``208'' and 
            inserting ``198''; and
                (iv) in paragraph (4), by striking ``60'' and inserting 
            ``61''; and
            (B) in subsection (b)(2)(C), by striking ``76'' and 
        inserting ``73''.
        (2) Distribution limitation.--Section 525(a) of such title is 
    amended--
            (A) in paragraph (1)(B), by striking ``45'' and inserting 
        ``46'';
            (B) in paragraph (2)(B), by striking ``43'' and inserting 
        ``44'';
            (C) in paragraph (3)(B), by striking ``32'' and inserting 
        ``33''; and
            (D) in paragraph (4)(C), by striking ``22'' and inserting 
        ``23''.
        (3) Effective date.--The amendments made by this subsection 
    shall take effect on October 1, 2013.
    (c) Limited Exclusion for Joint Duty Assignments From Authorized 
Strength Limitation.--
        (1) Exclusion.--Subsection (b) of section 526 of such title is 
    amended by striking ``324'' and inserting ``310''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on January 1, 2012.
    (d) Elimination of Complete Exclusion for Officers Serving in 
Certain Intelligence Positions.--
        (1) Elimination of current broad exclusion.--Section 528 of 
    such title is amended by striking subsections (b), (c), and (d) and 
    inserting the following new subsections:
    ``(b) Director and Deputy Director of CIA.--When the position of 
Director or Deputy Director of the Central Intelligence Agency is held 
by an officer of the armed forces, the position, so long as the officer 
serves in the position, shall be designated, pursuant to subsection (b) 
of section 526 of this title, as one of the general officer and flag 
officer positions to be excluded from the limitations in subsection (a) 
of such section.
    ``(c) Associate Director of Military Affairs, CIA.--When the 
position of Associate Director of Military Affairs, Central 
Intelligence Agency, or any successor position, is held by an officer 
of the armed forces, the position, so long as the officer serves in the 
position, shall be designated, pursuant to subsection (b) of section 
526 of this title, as one of the general officer and flag officer 
positions to be excluded from the limitations in subsection (a) of such 
section.
    ``(d) Officers Serving in Office of DNI.--When a position in the 
Office of the Director of National Intelligence designated by agreement 
between the Secretary of Defense and the Director of National 
Intelligence is held by a general officer or flag officer of the armed 
forces, the position, so long as the officer serves in the position, 
shall be designated, pursuant to subsection (b) of section 526 of this 
title, as one of the general officer and flag officer positions to be 
excluded from the limitations in subsection (a) of such section. 
However, not more than five of such positions may be included among the 
excluded positions at any time.''.
        (2) Clerical amendments.--
            (A) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 528. Officers serving in certain intelligence positions: 
   military status; application of distribution and strength 
   limitations; pay and allowances''.
            (B) Table of sections.--The table of sections at the 
        beginning of chapter 32 of such title is amended by striking 
        the item relating to section 528 and inserting the following 
        new item:

``528. Officers serving in certain intelligence positions: military 
          status; application of distribution and strength limitations; 
          pay and allowances.''.
    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. VOLUNTARY RETIREMENT INCENTIVE MATTERS.
    (a) Additional Voluntary Retirement Incentive Authority.--
        (1) 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 (c) as 
being eligible for such a payment.
    ``(b) Limitations.--(1) Any authority provided the Secretary of a 
military department under this section shall expire as specified by the 
Secretary of Defense, but not later than December 31, 2018.
    ``(2) The total number of officers who may be provided a voluntary 
retirement incentive payment under this section may not exceed 675 
officers.
    ``(c) 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.
    ``(d) 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.
    ``(e) 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.''.
        (2) 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.''.

    (b) Reinstatement of Certain Temporary Early Retirement 
Authority.--
        (1) Reinstatement.--Subsection (i) of section 4403 of the 
    National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 
    1293 note) is amended--
            (A) by inserting ``(1)'' before ``the period''; and
            (B) by inserting before the period at the end the 
        following: ``, and (2) the period beginning on the date of the 
        enactment of the National Defense Authorization Act for Fiscal 
        Year 2012 and ending on December 31, 2018''.
        (2) Inapplicability of certain provisions.--Such section is 
    further amended by striking subsection (c) and inserting the 
    following new subsection (c):
    ``(c) Inapplicability of Certain Provisions.--
        ``(1) Increased retired pay for public or community service.--
    The provisions of section 4464 of this Act (10 U.S.C. 1143a note) 
    shall not apply with respect to a member or former member retired 
    by reason of eligibility under this section during the active force 
    drawdown period specified in subsection (i)(2).
        ``(2) Coast guard and noaa.--During the period specified in 
    subsection (i)(2), this section does not apply as follows:
            ``(A) To members of the Coast Guard, notwithstanding 
        section 542(d) of the National Defense Authorization Act for 
        Fiscal Year 1995 (10 U.S.C. 1293 note).
            ``(B) To members of the commissioned corps of the National 
        Oceanic and Atmospheric Administration, notwithstanding section 
        566(c) of the National Defense Authorization Act for Fiscal 
        Year 1995 (Public Law 104-106; 10 U.S.C. 1293 note).''.
        (3) Coordination with other separation provisions.--Such 
    section is further amended--
            (A) in subsection (g), by striking ``, 1174a, or 1175'' and 
        inserting ``or 1175a''; and
            (B) in subsection (h)--
                (i) in the subsection heading, by striking ``SSB or 
            VSI'' and inserting ``SSB, VSI, or VSP'';
                (ii) by inserting before the period at the end of the 
            first sentence the following: ``or who before the date of 
            the enactment of the National Defense Authorization Act for 
            Fiscal Year 2012 was separated from active duty pursuant to 
            an agreement entered into under section 1175a of such 
            title''; and
                (iii) in the second sentence, by striking ``under 
            section 1174a or 1175 of title 10, United States Code''.

                Subtitle B--Reserve Component Management

    SEC. 511. LEADERSHIP OF NATIONAL GUARD BUREAU.
    (a) Chief of the National Guard Bureau.--
        (1) Grade and exclusion from general and flag officer 
    authorized strength.--Subsection (d) of section 10502 of title 10, 
    United States Code, is amended to read as follows:
    ``(d) Grade and Exclusion From General and Flag Officer Authorized 
Strength.--(1) The Chief of the National Guard Bureau shall be 
appointed to serve in the grade of general.
    ``(2) The Secretary of Defense shall designate, pursuant to 
subsection (b) of section 526 of this title, the position of Chief of 
the National Guard Bureau as one of the general officer and flag 
officer positions to be excluded from the limitations in subsection (a) 
of such section.''.
        (2) Succession.--Subsection (e) of such section is amended to 
    read as follows:
    ``(e) Succession.--(1) 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 or disability ceases.
    ``(2) When there is a vacancy in the offices of both the Chief and 
the Vice Chief of the National Guard Bureau or in the absence or 
disability of both the Chief and the Vice Chief of the National Guard 
Bureau, or when there is a vacancy in one such office and in the 
absence or disability of the officer holding the other, the senior 
officer of the Army National Guard of the United States or the Air 
National Guard of the United States on duty with the National Guard 
Bureau shall perform the duties of the Chief until a successor to the 
Chief or Vice Chief is appointed or the absence or disability of the 
Chief or Vice Chief ceases, as the case may be.''.
        (3) Exclusion for chief of national guard bureau from general 
    officer distribution limitations.--Section 525 of such title is 
    amended--
            (A) in subsection (b)(1), by striking subparagraph (D); and
            (B) in subsection (g)--
                (i) by striking paragraph (2); and
                (ii) by redesignating paragraph (3) as paragraph (2).
    (b) Vice Chief of the National Guard Bureau.--
        (1) Redesignation of director of the joint staff of the 
    national guard bureau.--Subsection (a)(1) of section 10505 of such 
    title is amended by striking ``Director of the Joint Staff of the 
    National Guard Bureau, selected by the Secretary of Defense from'' 
    and inserting ``Vice Chief of the National Guard Bureau, appointed 
    by the President, by and with the advice and consent of the Senate. 
    The appointment shall be made from''.
        (2) Eligibility requirements.--Subsection (a)(1) of such 
    section is further amended--
            (A) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (D) and (E), respectively;
            (B) in subparagraph (E), as so redesignated, by striking 
        ``colonel'' and inserting ``brigadier general''; and
            (C) by inserting after subparagraph (A) the following new 
        subparagraphs:
        ``(B) are recommended by the Secretary of the Army, in the case 
    of officers of the Army National Guard of the United States, or by 
    the Secretary of the Air Force, in the case of officers of the Air 
    National Guard of the United States, and by the Secretary of 
    Defense;
        ``(C) are determined by the Chairman of the Joint Chiefs of 
    Staff, in accordance with criteria and as a result of a process 
    established by the Chairman, to have significant joint duty 
    experience;''.
        (3) Grade and exclusion from general and flag officer 
    authorized strength.--Subsection (c) of such section is amended to 
    read as follows:
    ``(c) Grade and Exclusion From General and Flag Officer Authorized 
Strength.--(1) The Vice Chief of the National Guard Bureau shall be 
appointed to serve in the grade of lieutenant general.
    ``(2) The Secretary of Defense shall designate, pursuant to 
subsection (b) of section 526 of this title, the position of Vice Chief 
of the National Guard Bureau as one of the general officer and flag 
officer positions to be excluded from the limitations in subsection (a) 
of such section.''.
    (c) Conforming Amendments Regarding References to Director.--
        (1) Cross references in section 10505.--Section 10505 of such 
    title is further amended--
            (A) in subsection (a)--
                (i) in paragraphs (2), (3), and (4), by striking 
            ``Director of the Joint Staff'' each place in appears and 
            inserting ``Vice Chief''; and
                (ii) in paragraph (3)(B), by striking ``as the 
            Director'' and inserting ``as the Vice Chief''; and
            (B) in subsection (b), by striking ``Director of the Joint 
        Staff'' and inserting ``Vice Chief''.
        (2) Cross references in section 10506.--Section 10506(a)(1) of 
    such title is amended by striking ``Chief of the National Guard 
    Bureau and the Director of the Joint Staff'' and inserting ``Chief 
    and Vice Chief''.
        (3) Other references.--Any reference in any law, regulation, 
    document, paper, or other record of the United States to the 
    Director of the Joint Staff of the National Guard Bureau shall be 
    deemed to be a reference to the Vice Chief of the National Guard 
    Bureau.
    (d) Clerical Amendments.--
        (1) Section heading.--The heading for section 10505 of such 
    title is amended to read as follows:
``Sec. 10505. Vice Chief of the National Guard Bureau''.
        (2) Table of sections.--The item relating to such section in 
    the table of sections at the beginning of chapter 1011 of such 
    title is amended to read as follows:

``10505. Vice Chief of the National Guard Bureau.''.

    (e) Treatment of Current Director of the Joint Staff of the 
National Guard Bureau.--The officer who is serving as Director of the 
Joint Staff of the National Guard Bureau on the date of the enactment 
of this Act shall serve, in the grade of major general, as acting Vice 
Chief of the National Guard Bureau until the appointment of a Vice 
Chief of the National Guard Bureau in accordance with subsection (a) of 
section 10505 of title 10, United States Code, as amended by subsection 
(b). Notwithstanding the amendment made by subsection (b)(3), the 
acting Vice Chief of the National Guard Bureau shall not be excluded 
from the limitations in section 526(a) of such title.
    SEC. 512. 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) Duties as Member of Joint Chiefs of Staff.--Section 10502 of 
such title is amended--
        (1) by redesignating subsections (d) and (e), as amended by 
    section 511(a), as subsections (e) and (f), respectively; and
        (2) by inserting after subsection (c) the following new 
    subsection (d):
    ``(d) Member of Joint Chiefs of Staff.--As a member of the Joint 
Chiefs of Staff, the Chief of the National Guard Bureau has the 
specific responsibility of addressing matters involving non-Federalized 
National Guard forces in support of homeland defense and civil support 
missions.''.
    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. CLARIFICATION OF APPLICABILITY OF AUTHORITY FOR DEFERRAL 
      OF MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL STATUS) 
      UNTIL AGE 60.
    (a) Discretionary Deferral of Mandatory Separation.--Section 
10216(f) of title 10, United States Code, is amended--
        (1) in the subsection heading, by inserting ``Authority for'' 
    before ``Deferral of Mandatory Separation'';
        (2) by striking ``shall implement'' and inserting ``may each 
    implement'';
        (3) by inserting ``, at the discretion of the Secretary 
    concerned,'' after ``so as to allow''; and
        (4) by striking ``for officers''.
    (b) Conforming Amendment.--Section 10218(a)(3)(A)(i) of such title 
is amended by striking ``if qualified be appointed'' and inserting ``if 
qualified may be appointed''.
    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, 
    is amended by inserting after section 12304 the following new 
    section:
``Sec. 12304a. 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 chapter 1209 of such title is amended by inserting after the 
    item relating to section 12304 the following new item:

``12304a. 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 ``12304a,'' 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.
    SEC. 516. AUTHORITY FOR ORDER TO ACTIVE DUTY OF UNITS OF THE 
      SELECTED RESERVE FOR PREPLANNED MISSIONS IN SUPPORT OF THE 
      COMBATANT COMMANDS.
    (a) Authority.--
        (1) In general.--Chapter 1209 of title 10, United States Code, 
    as amended by section 515, is further amended by inserting after 
    section 12304a the following new section:
``Sec. 12304b. Selected Reserve: order to active duty for preplanned 
      missions in support of the combatant commands
    ``(a) Authority.--When the Secretary of a military department 
determines that it is necessary to augment the active forces for a 
preplanned mission in support of a combatant command, the Secretary 
may, subject to subsection (b), order any unit of the Selected Reserve 
(as defined in section 10143(a) of this title), without the consent of 
the members, to active duty for not more than 365 consecutive days.
    ``(b) Limitations.--(1) Units 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 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 are anticipated to 
    be ordered to active duty and the anticipated length of time of the 
    order of such units 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 of the Selected 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 unit.
    ``(e) Termination of Duty.--Whenever any unit of the Selected 
Reserve is ordered to active duty under subsection (a), the service of 
all units so ordered to active duty may be terminated--
        ``(1) by order of the Secretary of the military department 
    concerned; or
        ``(2) by 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 units of the Selected 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 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 with respect to orders to active 
duty under subsection (g). Such policies and procedures shall not go 
into effect until approved by the Secretary of Defense.
    ``(i) Defense Budget Materials Defined.--In this section, the term 
`defense budget materials' has the meaning given that term in section 
231(g)(2) of this title.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 1209 of such title, as so amended, is further amended by 
    inserting after the item relating to section 12304a the following 
    new item:

``12304b. Selected Reserve: order to active duty for preplanned missions 
          in support of the combatant commands.''.

    (b) Clarifying Amendments Relating to Authority To Order to 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. 517. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR 
      PROMOTION FOR 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) Reserve Officers Employed as Military Technician (dual 
Status).--A reserve officer of the Army or Air Force employed as a 
military technician (dual status) under section 10216 of this title who 
has been retained beyond the mandatory removal date for years of 
service pursuant to subsection (f) of such section or section 
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. 518. CONSIDERATION OF RESERVE COMPONENT OFFICERS FOR 
      APPOINTMENT TO CERTAIN COMMAND POSITIONS.
    Whenever officers of the Armed Forces are considered for 
appointment to the position of Commander, Army North Command or 
Commander, Air Force North Command, fully qualified officers of the 
National Guard and the Reserves shall be considered for appointment to 
such position.
    SEC. 519. 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.

                Subtitle C--General Service Authorities

    SEC. 521. SENSE OF CONGRESS ON THE UNIQUE NATURE, DEMANDS, AND 
      HARDSHIPS OF MILITARY SERVICE.
    It is the sense of Congress that--
        (1) section 8 (clauses 12, 13, and 14) of Article I of the 
    Constitution of the United States commits exclusively to Congress 
    the powers to raise and support armies, provide and maintain a 
    Navy, and make rules for the government and regulation of the land 
    and naval forces;
        (2) there is no constitutional right to serve in the Armed 
    Forces;
        (3) pursuant to the powers conferred by section 8 of article I 
    of the Constitution of the United States, it lies within the 
    discretion of the Congress to establish qualifications for and 
    conditions of service in the Armed Forces;
        (4) the primary purpose of the Armed Forces is to prepare for 
    and to prevail in combat should the need arise;
        (5) the conduct of military operations requires members of the 
    Armed Forces to make extraordinary sacrifices, including the 
    ultimate sacrifice, in order to provide for the common defense;
        (6) success in combat requires military units that are 
    characterized by high morale, good order and discipline, and unit 
    cohesion;
        (7) one of the most critical elements in combat capability is 
    unit cohesion, that is, the bonds of trust among individual members 
    of the Armed Forces that make the combat effectiveness of a 
    military unit greater than the sum of the combat effectiveness of 
    individual unit members;
        (8) military life is fundamentally different from civilian life 
    in that--
            (A) the extraordinary responsibilities of the Armed Forces, 
        the unique conditions of military service, and the critical 
        role of unit cohesion require that the military community, 
        while subject to civilian control, exist as a specialized 
        society; and
            (B) the military society is characterized by its own laws, 
        rules, customs, and traditions, including numerous restrictions 
        on personal behavior, that would not be acceptable in civilian 
        society;
        (9) the standards of conduct for members of the Armed Forces 
    regulate a member's life for 24 hours each day beginning at the 
    moment the member enters military status and not ending until that 
    person is discharged or otherwise separated from the Armed Forces;
        (10) those standards of conduct, including the Uniform Code of 
    Military Justice, apply to a member of the Armed Forces at all 
    times that the member has a military status, whether the member is 
    on base or off base, and whether the member is on duty or off duty;
        (11) the pervasive application of the standards of conduct is 
    necessary because members of the Armed Forces must be ready at all 
    times for worldwide deployment to a combat environment;
        (12) the worldwide deployment of United States military forces, 
    the international responsibilities of the United States, and the 
    potential for involvement of the Armed Forces in actual combat 
    routinely make it necessary for members of the Armed Forces 
    involuntarily to accept living conditions and working conditions 
    that are often spartan, primitive, and characterized by forced 
    intimacy with little or no privacy; and
        (13) the Armed Forces must maintain personnel policies that are 
    intended to recruit and retain only those persons whose presence in 
    the Armed Forces serves the needs of the Armed Forces, contributes 
    to the accomplishment of the missions of the Armed Forces, and 
    maintains the high standards of the Armed Forces for morale, good 
    order and discipline, and unit cohesion that are the essence of 
    military capability.
    SEC. 522. POLICY ADDRESSING DWELL TIME AND MEASUREMENT AND DATA 
      COLLECTION REGARDING UNIT OPERATING TEMPO AND PERSONNEL TEMPO.
    (a) Policy Addressing Dwell Time.--Subsection (a) of section 991 of 
title 10, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(4) The Secretary of Defense shall prescribe a policy that 
addresses the amount of dwell time a member of the armed forces or unit 
remains at the member's or unit's permanent duty station or home port, 
as the case may be, between deployments.''.
    (b) Unit Operating Tempo and Personnel Tempo Recordkeeping.--
Subsection (c) of such section is amended to read as follows:
    ``(c) Recordkeeping.--(1) The Secretary of Defense shall--
        ``(A) establish a system for tracking and recording the number 
    of days that each member of the armed forces is deployed;
        ``(B) prescribe policies and procedures for measuring operating 
    tempo and personnel tempo; and
        ``(C) maintain a central data collection repository to provide 
    information for research, actuarial analysis, interagency 
    reporting, and evaluation of Department of Defense programs and 
    policies.
    ``(2) The data collection repository shall be able to identify--
        ``(A) the active and reserve component units of the armed 
    forces that are participating at the battalion, squadron, or an 
    equivalent level (or a higher level) in contingency operations, 
    major training events, and other exercises and contingencies of 
    such a scale that the exercises and contingencies receive an 
    official designation; and
        ``(B) the duration of their participation.
    ``(3) For each of the armed forces, the data collection repository 
shall be able to indicate, for a fiscal year--
        ``(A) the number of members who received the high-deployment 
    allowance under section 436 of title 37 (or who would have been 
    eligible to receive the allowance if the duty assignment was not 
    excluded by the Secretary of Defense);
        ``(B) the number of members who received each rate of allowance 
    paid (estimated in the case of members described in the 
    parenthetical phrase in subparagraph (A));
        ``(C) the number of months each member received the allowance 
    (or would have received it in the case of members described in the 
    parenthetical phrase in subparagraph (A)); and
        ``(D) the total amount expended on the allowance.
    ``(4) For each of the armed forces, the data collection repository 
shall be able to indicate, for a fiscal year, the number of days that 
high demand, low density units (as defined by the Chairman of the Joint 
Chiefs of Staff) were deployed, and whether these units met the force 
goals for limiting deployments, as described in the personnel tempo 
policies applicable to that armed force.''.
    (c) Definitions.--Such section is further amended by adding at the 
end the following new subsection:
    ``(f) Other Definitions.--In this section:
        ``(1)(A) Subject to subparagraph (B), the term `dwell time' 
    means the time a member of the armed forces or a unit spends at the 
    permanent duty station or home port after returning from a 
    deployment.
        ``(B) The Secretary of Defense may modify the definition of 
    dwell time specified in subparagraph (A). If the Secretary 
    establishes a different definition of such term, the Secretary 
    shall transmit the new definition to Congress.
        ``(2) The term `operating tempo' means the rate at which units 
    of the armed forces are involved in all military activities, 
    including contingency operations, exercises, and training 
    deployments.
        ``(3) The term `personnel tempo' means the amount of time 
    members of the armed forces are engaged in their official duties at 
    a location or under circumstances that make it infeasible for a 
    member to spend off-duty time in the housing in which the member 
    resides.''.
    (d) Clerical Amendments.--
        (1) Section heading.--The heading of section 991 of such title 
    is amended to read as follows:
``Sec. 991. Management of deployments of members and measurement and 
   data collection of unit operating and personnel tempo''.
        (2) Table of sections.--The table of sections at the beginning 
    of chapter 50 of such title is amended by striking the item 
    relating to section 991 and inserting the following new item:

``991. Management of deployments of members and measurement and data 
          collection of unit operating and personnel tempo.''.
    SEC. 523. PROTECTED COMMUNICATIONS BY MEMBERS OF THE ARMED FORCES 
      AND PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.
    Section 1034(c)(2) of title 10, United States Code, is amended by 
adding at the end the following new subparagraph:
            ``(C) A threat by another member of the armed forces or 
        employee of the Federal Government that indicates a 
        determination or intent to kill or cause serious bodily injury 
        to members of the armed forces or civilians or damage to 
        military, Federal, or civilian property.''.
    SEC. 524. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN 
      RESPONSE TO REVIEW OF PROPOSAL FOR AWARD OF MEDAL OF HONOR NOT 
      PREVIOUSLY SUBMITTED IN TIMELY FASHION.
    Section 1130(b) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ``If the determination 
includes a favorable recommendation for the award of the Medal of 
Honor, the Secretary of Defense, instead of the Secretary concerned, 
shall make the submission under this subsection.''.
    SEC. 525. 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. 526. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS 
      AUTHORITY.
    Section 1175a(k)(1) of title 10, United States Code, is amended by 
striking ``December 31, 2012'' and inserting ``December 31, 2018''.
    SEC. 527. 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. 528. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DISPOSITION 
      OF REMAINS OF MEMBERS OF THE ARMED FORCES.
    Section 1482(c) of title 10, United States Code, is amended--
        (1) by striking ``Only the'' in the matter preceding paragraph 
    (1) and inserting ``The'';
        (2) by redesignating paragraphs (1) through (4) as paragraphs 
    (2) through (5), respectively;
        (3) in paragraph (5), as so redesignated, by striking ``clauses 
    (1)-(3)'' and inserting ``paragraphs (1) through (4)''; and
        (4) by inserting before paragraph (2), as so redesignated, the 
    following new paragraph:
        ``(1) The person identified by the decedent on the record of 
    emergency data maintained by the Secretary concerned (DD Form 93 or 
    any successor to that form), as the Person Authorized to Direct 
    Disposition (PADD), regardless of the relationship of the designee 
    to the decedent.''.
    SEC. 529. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS 
      OF THE ARMED FORCES AND THEIR SPOUSES.
    Section 1142(b) of title 10, United States Code, is amended--
        (1) in paragraph (5), by striking ``job placement counseling 
    for the spouse'' and inserting ``inclusion of the spouse, at the 
    discretion of the member and the spouse, when counseling regarding 
    the matters covered by paragraphs (9), (10), and (16) is provided, 
    job placement counseling for the spouse, and the provision of 
    information on survivor benefits available under the laws 
    administered by the Secretary of Defense or the Secretary of 
    Veterans Affairs'';
        (2) in paragraph (9), by inserting before the period the 
    following: ``, including information on budgeting, saving, credit, 
    loans, and taxes'';
        (3) in paragraph (10), by striking ``and employment'' and 
    inserting ``, employment, and financial'';
        (4) by striking paragraph (16) and inserting the following new 
    paragraph:
        ``(16) Information on home loan services and housing assistance 
    benefits available under the laws administered by the Secretary of 
    Veterans Affairs and counseling on responsible borrowing 
    practices.''; and
        (5) in paragraph (17), by inserting before the period the 
    following: ``, and information regarding the means by which the 
    member can receive additional counseling regarding the member's 
    actual entitlement to such benefits and apply for such benefits''.
    SEC. 530. CONVERSION OF HIGH-DEPLOYMENT ALLOWANCE FROM MANDATORY TO 
      AUTHORIZED.
    (a) Conversion.--Section 436(a) of title 37, United States Code, is 
amended by striking ``shall pay'' and inserting ``may pay''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning on or after 
the date of the enactment of this Act.
    SEC. 531. EXTENSION OF AUTHORITY TO CONDUCT PROGRAMS ON CAREER 
      FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE ARMED FORCES.
    (a) Duration of Program Authority.--Subsection (l) of section 533 
of the Duncan Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417; 10 U.S.C. 701 note) is amended to read as 
follows:
    ``(l) Duration of Program Authority.--No member of the Armed Forces 
may be released from active duty under a pilot program conducted under 
this section after December 31, 2015.''.
    (b) Continuation of Annual Limitation on Selection of 
Participants.--Subsection (c) of such section is amended by striking 
``each of calendar years 2009 through 2012'' and inserting ``a calendar 
year''.
    (c) Additional Reports Required.--Subsection (k) of such section is 
amended--
        (1) in paragraph (1), by striking ``June 1, 2011, and June 1, 
    2013'' and inserting ``June 1 of 2011, 2013, 2015, and 2017''; and
        (2) in paragraph (2), by striking ``March 1, 2016'' and 
    inserting ``March 1, 2019''.
    SEC. 532. 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 
    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 non-cognitive 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. 533. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM.
    (a) Program Enhancement.--The Secretary of Defense shall take 
appropriate actions to enhance the suicide prevention program of the 
Department of Defense through the provision of suicide prevention 
information and resources to members of the Armed Forces from their 
initial enlistment or appointment through their final retirement or 
separation.
    (b) Cooperative Effort.--The Secretary of Defense shall develop 
suicide prevention information and resources in consultation with--
        (1) the Secretary of Veterans Affairs, the National Institute 
    of Mental Health, and the Substance Abuse and Mental Health 
    Services Administration of the Department of Health and Human 
    Services; and
        (2) to the extent appropriate, institutions of higher education 
    and other public and private entities, including international 
    entities, with expertise regarding suicide prevention.
    (c) Preseparation Counseling Regarding Suicide Prevention 
Resources.--Section 1142(b)(8) of title 10, United States Code, is 
amended by inserting before the period the following: ``and the 
availability to the member and dependents of suicide prevention 
resources following separation from the armed forces''.

             Subtitle D--Military Justice and Legal Matters

    SEC. 541. 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) 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)''; and
            (B) in clause (v)--
                (i) by striking ``indecent assault''; and
                (ii) by striking ``or liberties with a child''.
        (2) Murder.--Paragraph (4) of section 918 (article 118) is 
    amended 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,''.
    (e) Clerical Amendments.--The table of sections at the beginning of 
subchapter X of such chapter (the Uniform Code of Military Justice) is 
amended 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.''.

    (f) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of the enactment of this Act and shall 
apply with respect to offenses committed on or after such effective 
date.
    SEC. 542. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.
    (a) Effect of Refusal to Appear or Testify.--Section 847 of title 
10, United States Code (article 47 of the Uniform Code of Military 
Justice), is amended--
        (1) in subsection (a)--
            (A) in paragraph (1), by striking ``board;'' and inserting 
        ``board, or has been duly issued a subpoena duces tecum for an 
        investigation pursuant to section 832(b) of this title (article 
        32(b));''; and
            (B) in paragraph (2)--
                (i) by striking ``duly paid or tendered the fees and 
            mileage of a witness'' and inserting ``provided a means for 
            reimbursement from the Government for fees and mileage''; 
            and
                (ii) by inserting before the semicolon the following: 
            ``or, in the case of extraordinary hardship, is advanced 
            such fees and mileage''; and
        (2) in subsection (c), by striking ``or board'' and inserting 
    ``board, or convening authority''.
    (b) Technical Amendments.--Subsection (a) of such section is 
further amended by striking ``subpenaed'' both places it appears and 
inserting ``subpoenaed''.
    (c) 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. 543. CLARIFICATION OF APPLICATION AND EXTENT OF DIRECT 
      ACCEPTANCE OF GIFTS AUTHORITY.
    Section 2601a of title 10, United States Code, is amended--
        (1) in subsection (b)--
            (A) by striking ``or'' at the end of paragraph (1);
            (B) by redesignating paragraph (2) as paragraph (3); and
            (C) by inserting after paragraph (1) the following new 
        paragraph:
        ``(2) in an operation or area designated as a combat operation 
    or a combat zone, respectively, by the Secretary of Defense in 
    accordance with the regulations prescribed under subsection (a); 
    or'';
        (2) in subsection (c), by striking ``paragraph (1) or (2) of 
    subsection (c)'' and inserting ``paragraph (1), (2) or (3) of 
    subsection (b)''; and
        (3) by adding at the end the following new subsection:
    ``(e) Application of Certain Regulations.--To the extent provided 
in the regulations issued under subsection (a) to implement subsection 
(b)(2), the regulations shall apply to the acceptance of gifts received 
after the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2012 for injuries or illnesses incurred on or after 
September 11, 2001.''.
    SEC. 544. 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 E--Member Education and Training Opportunities and 
                             Administration

    SEC. 551. 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, including 
apprenticeship programs, 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. 552. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY 
      EDUCATION.
    (a) Authority To Credit Military Graduates of the National Defense 
Intelligence College With Completion of JPME 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) Pilot Program on JPME Phase II on Other-than-in Residence 
Basis.--
        (1) Pilot program authorized.--The Secretary of Defense may 
    carry out a pilot program to assess the feasibility and 
    advisability of offering a program of instruction for Phase II 
    joint professional military education (JPME II) on an other than 
    in-residence basis.
        (2) Location.--The pilot program authorized by this subsection 
    shall be carried out at the headquarters of not more than two 
    combatant commands selected by the Secretary for purposes of the 
    pilot program.
        (3) Program of instruction.--The program of instruction offered 
    under the pilot program authorized by this subsection shall meet 
    the requirements of section 2155 of title 10, United States Code.
        (4) Report.--Not later than one year before completion of the 
    pilot program authorized by this subsection, the Secretary shall 
    submit to the Committees on Armed Services of the Senate and the 
    House of Representatives a report on the pilot program. The report 
    shall include the following:
            (A) The number of students enrolled at each location under 
        the pilot program.
            (B) The number of students who successfully completed the 
        program of instruction under the pilot program and were awarded 
        credit for Phase II joint professional military education.
            (C) The assessment of the Secretary regarding the 
        feasibility and advisability of expanding the pilot program to 
        the headquarters of additional combatant commands, or of making 
        the pilot program permanent, and a statement of the legislative 
        or administrative actions required to implement such 
        assessment.
        (5) Sunset.--The authority in this subsection to carry out the 
    pilot program shall expire on the date that is five years after the 
    date of the enactment of this Act.
    SEC. 553. 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. 554. 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. 555. 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) For purposes of this subsection, a person who may be 
categorized as seriously wounded, ill, or injured is a person with a 
serious injury or illness (as that term is defined in section 1602(8) 
of the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 
1071 note)).
    ``(3) 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.
    ``(4) The Secretary may not pay the tuition for participation in a 
program of higher education under subsection (a)(1) of a person 
participating in such program pursuant to an authorization under 
paragraph (1).''.
    (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 (3) of such subsection shall be deemed to 
commence on the date of the enactment of this Act.
    SEC. 556. 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 in a mental health profession skill; 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 mental 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 Selected 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 Selected Reserve; and
        ``(D) the participant shall agree to serve, upon successful 
    completion of the program, one year in the Selected Reserve for 
    each six months, or part thereof, for which the stipend is 
    provided.''.
    (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. 557. 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 the 
        Workforce 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. 558. 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) Duration.--The Secretary shall complete the pilot program by 
not later than five years after the date of the commencement of the 
pilot program.
    (d) 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 of 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 in the expansion.
    SEC. 559. REPORT ON CERTAIN EDUCATION ASSISTANCE PROGRAMS.
    (a) Report Required.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on methods to increase the efficiency of the education 
assistance programs under sections 1784a and 2007 of title 10, United 
States Code.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
        (1) A description of the effect of the programs on recruiting 
    and retention within the Armed Forces.
        (2) An analysis of other programs that provide benefits similar 
    to those provided through the programs, including the use of 
    education assistance programs under chapters 30 and 33 of title 38, 
    United States Code, for education and training pursued by members 
    of the Armed Forces serving on active duty while they are off-duty.
        (3) A description of the effects of modifying the programs to 
    require members of the Armed Forces and dependents participating in 
    the programs to pay an appropriate percentage of their education 
    expenses with the Secretary of the military department concerned 
    paying the remaining percentage of such expenses, with the intent 
    of ensuring that members and their dependents give due 
    consideration to their educational needs before enrolling in the 
    programs.
        (4) A description of the costs of the programs to the 
    Department of Defense, including the following elements for each 
    institution of higher education that received funds under the 
    programs during any of fiscal years 2009, 2010, 2011:
            (A) The name and location of the institution of higher 
        education.
            (B) Whether the institution is a public, non-profit, or 
        for-profit institution.
            (C) The amount of funds received by the institution in each 
        such fiscal year.
            (D) The number of members of the Armed Forces and 
        dependents who received education at the institution during 
        each such fiscal year.
            (E) The average amount of funds members and dependents 
        received under the programs.
        (5) A description of the education outcomes for members of the 
    Armed Forces and dependents participating in the program during 
    fiscal years, 2009, 2010, 2011, including the following:
            (A) Credit accumulation.
            (B) Completion of education on-time or within 150 percent 
        of on-time.
            (C) Completion of a degree.
            (D) Loan defaults, if applicable.
        (6) A description of the feasibility and desirability of 
    requiring institutions of higher learning, as a requirement for 
    participation in the programs, to report to the Secretary of 
    Defense, as well as disclose, provide, and make publicly available 
    through electronic or other means to members of the Armed Forces 
    participating in the programs, the following information about 
    their programs prior to enrollment:
            (A) When applicable, qualifications for examination, 
        certification, or licensure required as a precondition for 
        employment in the occupation or skill for which the program is 
        represented to prepare the student, and whether the program 
        meets those requirements.
            (B) The normal and average time to completion of the 
        program. Normal time to completion means the amount of time it 
        would take a full-time student to complete the program.
            (C) The completion, graduation, and dropout rates of 
        students for the institution.
            (D) Information concerning average student indebtedness for 
        each program resulting from Federal, private, and institutional 
        loans.
            (E) Whether the institution participates, or is eligible to 
        participate, under in financial aid programs under title IV of 
        the Higher Education Act of 1965.

                Subtitle F--Armed Forces Retirement Home

    SEC. 561. CONTROL AND ADMINISTRATION BY SECRETARY OF DEFENSE.
    Section 1511(d) of the Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 411(d)) is amended by adding at the end the following new 
paragraph:
    ``(3) The administration of the Retirement Home, including 
administration for the provision of health care and medical care for 
residents, shall remain under the control and administration of the 
Secretary of Defense.''.
    SEC. 562. SENIOR MEDICAL ADVISOR OVERSIGHT OF HEALTH CARE PROVIDED 
      TO RESIDENTS OF ARMED FORCES RETIREMENT HOME.
    (a) Advisory Responsibilities of Senior Medical Advisor.--
Subsection (b) of section 1513A of the Armed Forces Retirement Home Act 
of 1991 (24 U.S.C. 413a) is amended--
        (1) by striking ``(1) The''; and inserting ``The'';
        (2) by striking paragraph (2); and
        (3) by striking ``and the Chief Operating Officer'' and all 
    that follows through the period at the end and inserting the 
    following: ``the Chief Operating Officer, and the Advisory Council 
    regarding the direction and oversight of--
        ``(1) medical administrative matters at each facility of the 
    Retirement Home; and
        ``(2) the provision of medical care, preventive mental health, 
    and dental care services at each facility of the Retirement 
    Home.''.
    (b) Related Duties.--Subsection (c) of such section is amended by 
striking paragraphs (3), (4), and (5) and inserting the following new 
paragraphs:
        ``(3) Periodically visit each facility of the Retirement Home 
    to review--
            ``(A) the medical facilities, medical operations, medical 
        records and reports, and the quality of care provided to 
        residents; and
            ``(B) inspections and audits to ensure that appropriate 
        follow-up regarding issues and recommendations raised by such 
        inspections and audits has occurred.
        ``(4) Report on the findings and recommendations developed as a 
    result of each review conducted under paragraph (3) to the Chief 
    Operating Officer, the Advisory Council, and the Under Secretary of 
    Defense for Personnel and Readiness.''.
    SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIREMENT HOME ADVISORY 
      COUNCIL AND RESIDENT ADVISORY COMMITTEES.
    (a) Replacement of Local Boards of Trustees.--The Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 416) is amended by striking 
section 1516 and inserting the following new sections:
``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) Duties.--(1) The Advisory Council shall provide to the Chief 
Operating Officer and the Administrator of each facility such guidance 
and recommendations on the administration of the Retirement Home and 
the quality of care provided to residents 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 functions, the Advisory Council shall--
        ``(A) provide for participation in its activities by a 
    representative of the Resident Advisory Committee of each facility 
    of the Retirement Home; and
        ``(B) make recommendations to the Inspector General of the 
    Department of Defense regarding issues that the Inspector General 
    should investigate.
    ``(c) Composition.--(1) The Advisory Council shall consist of at 
least 15 members, each of whom shall be a full or part-time Federal 
employee or a member of the Armed Forces.
    ``(2) Members of the Advisory Council shall be designated by the 
Secretary of Defense, except that an individual who is not an employee 
of the Department of Defense shall be designated, in consultation with 
the Secretary of Defense, by the head of the Federal department or 
agency that employs the individual.
    ``(3) The Advisory Council shall include the following members:
        ``(A) One member who is an expert in nursing home or retirement 
    home administration and financing.
        ``(B) One member who is an expert in gerontology.
        ``(C) One member who is an expert in financial management.
        ``(D) Two representatives of the Department of Veterans 
    Affairs, one to be designated from each of the regional offices 
    nearest in proximity to the facilities of the Retirement Home.
        ``(E) The Chairpersons of the Resident Advisory Committees.
        ``(F) One enlisted representative of the Services' Retiree 
    Advisory Council.
        ``(G) The senior noncommissioned officer of one of the Armed 
    Forces.
        ``(H) Two senior representatives of military medical treatment 
    facilities, one to be designated from each of the military 
    hospitals nearest in proximity to the facilities of the Retirement 
    Home.
        ``(I) One senior judge advocate from one of the Armed Forces.
        ``(J) One senior representative of one of the chief personnel 
    officers of the Armed Forces.
        ``(K) Such other members as the Secretary of Defense may 
    designate.
    ``(4) The Administrator of the each facility of the Retirement Home 
shall be a nonvoting member of the Advisory Council.
    ``(5) The Secretary of Defense shall designate one member of the 
Advisory Council to serve as the Chairperson of the Advisory Council. 
The Chairperson shall conduct the meetings of the Advisory Council.
    ``(d) Term of Service.--(1) Except as provided in paragraphs (2), 
(3), and (4), the term of service of a member of the Advisory Council 
shall be two years. The Secretary of Defense may designate a member to 
serve one additional term.
    ``(2) 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.
    ``(3) The Secretary of Defense may terminate the term of service of 
a member of the Advisory Council before the expiration of the member's 
term.
    ``(4) A member of the Advisory Council serves as a member of the 
Advisory Council only for as long as the member is assigned to or 
serving in a position for which the duties include the duty to serve as 
a member of the Advisory Council.
    ``(e) Vacancies.--A vacancy in the Advisory Council shall be filled 
in the manner in which the original designation was made. A member 
designated to fill a vacancy occurring before the end of the term of 
the predecessor shall be designated for the remainder of the term of 
the predecessor. A vacancy in the Advisory Council shall not affect its 
authority to perform its duties.
    ``(f) Compensation.--(1) Except as provided in paragraph (2), a 
member of the Advisory Council shall--
        ``(A) be provided a stipend consistent with the daily 
    government consultant fee for each day on which the member is 
    engaged in the performance of services for the Advisory Council; 
    and
        ``(B) while away from home or regular place of business in the 
    performance of services for the Advisory Council, be allowed travel 
    expenses (including per diem in lieu of subsistence) in the same 
    manner as a person employed intermittently in Government under 
    sections 5701 through 5707 of title 5, United States Code.
    ``(2) A member of the Advisory Council who is a member of the Armed 
Forces on active duty or a full-time officer or employee of the United 
States shall receive no additional pay by reason of serving as a member 
of the Advisory Council.
``SEC. 1516A. RESIDENT ADVISORY COMMITTEES.
    ``(a) Establishment and Purpose.--(1) A Resident Advisory Committee 
is an elected body of residents at each facility of the Retirement Home 
established to provide a forum for all residents to express their 
needs, ideas, and interests through elected representatives of their 
respective floor or area.
    ``(2) A Resident Advisory Committee--
        ``(A) serves as a forum for ideas, recommendations, and 
    representation to management of that facility of the Retirement 
    Home to enhance the morale, safety, health, and well-being of 
    residents; and
        ``(B) provides a means to communicate policy and general 
    information between residents and management.
    ``(b) Election Process.--The election process for the Resident 
Advisory Committee at a facility of the Retirement Home shall be 
coordinated by the facility Ombudsman.
    ``(c) Chairperson.--(1) The Chairperson of a Resident Advisory 
Committee shall be elected at large and serve a two-year term.
    ``(2) Chairpersons serve as a liaison to the Administrator and are 
voting members of the Advisory Council. Chairpersons shall create 
meeting agendas, conduct the meetings, and provide a copy of the 
minutes to the Administrator, who will forward the copy to the Chief 
Operating Officer for approval.
    ``(d) Meetings.--At a minimum, meetings of a Resident Advisory 
Committee shall be conducted quarterly.''.
    (b) Conforming Amendments.--
        (1) Definitions.--Section 1502 of such Act (24 U.S.C. 401) is 
    amended--
            (A) by striking paragraph (2);
            (B) by redesignating paragraph (3) as paragraph (2); and
            (C) by inserting after paragraph (2) (as so redesignated) 
        the following new paragraphs:
        ``(3) The term `Advisory Council' means the Armed Forces 
    Retirement Home Advisory Council established under section 1516.
        ``(4) The term `Resident Advisory Committee' means an elected 
    body of residents at a facility of the Retirement Home established 
    under section 1516A.''.
        (2) Responsibilities of chief operating officer.--Section 
    1515(c)(2) of such Act (24 U.S.C. 415(c)(2)) is amended by striking 
    ``, including the Local Boards of those facilities''.
        (3) Inspection of retirement home.--Section 1518 of such Act 
    (24 U.S.C. 418) is amended--
            (A) in subsection (b)--
                (i) in paragraph (1), by striking ``Local Board for the 
            facility or the resident advisory committee or council'' 
            and inserting ``Advisory Council or the Resident Advisory 
            Committee''; and
                (ii) in paragraph (3), by striking ``Local Board for 
            the facility, the resident advisory committee or council'' 
            and inserting ``Advisory Council, the Resident Advisory 
            Committee'';
            (B) in subsection (c)(1), by striking ``Local Board for the 
        facility'' and inserting ``Advisory Council''; and
            (C) in subsection (e)(1), by striking ``Local Board for the 
        facility'' and inserting ``Advisory Council''.
    SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.
    (a) Leadership of Facilities of the Retirement Home.--Section 1517 
of the Armed Forces Retirement Home Act of 1991 (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)--
            (A) by striking ``Director'' in each subsection heading and 
        inserting ``Administrator''; and
            (B) 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--
            (A) by striking ``Associate Director'' in the subsection 
        heading and inserting ``Ombudsman''; and
            (B) by striking ``Associate Director'' in paragraphs (1) 
        and (2) and inserting ``Ombudsman'';
        (5) in subsection (e), as so redesignated--
            (A) by striking ``Associate Director.--'' in the subsection 
        heading and inserting ``Ombudsman.--(1)'';
            (B) by striking ``Associate Director'' and inserting 
        ``Ombudsman'';
            (C) by striking ``Director and Deputy Director'' and 
        inserting ``Administrator'';
            (D) by striking ``Director may'' and inserting 
        ``Administrator may''; and
            (E) by adding at the end the following new paragraph:
    ``(2) The Ombudsman may provide information to the Administrator, 
the Chief Operating Officer, the Senior Medical Advisor, the Inspector 
General of the Department of Defense, and the Under Secretary of 
Defense for Personnel and Readiness.'';
        (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) by striking ``Directors'' in the subsection heading and 
        inserting ``Administrators'';
            (B) in paragraph (1), by striking ``Directors'' and 
        inserting ``Administrators''; and
            (C) in paragraph (2), by striking ``a Director'' and 
        inserting ``an Administrator''.
    (b) Conforming Amendments.--
        (1) References to director.--Sections 1511(d)(2), 1512(c), 
    1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) 
    of such Act are amended by striking ``Director'' each place it 
    appears and inserting ``Administrator''.
        (2) References to directors.--Sections 1514(b) and 1520(c) of 
    such Act (24 U.S.C. 414(b), 420(c)) are amended by striking 
    ``Directors'' and inserting ``Administrators''.
    SEC. 565. REVISION OF FEE REQUIREMENTS.
    (a) Limitation on Maximum Monthly Amount of Fees.--Subsection 
(c)(3) of section 1514 of the Armed Forces Retirement Home Act of 1991 
(24 U.S.C. 414) is amended by striking the last sentence.
    (b) Repeal of Former Transitional Fee Structures.--Such section is 
further amended by striking subsection (d).
    SEC. 566. REVISION OF INSPECTION REQUIREMENTS.
    Section 1518 of the Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 418) is amended--
        (1) in subsection (b)(1)--
            (A) 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 once every three years,'';
            (B) by striking ``of that facility'' and inserting ``of 
        each facility of the Retirement Home''; and
            (C) by inserting ``long-term care,'' after ``assisted 
        living,'';
        (2) in subsection (c)--
            (A) in paragraph (1), by striking ``45 days'' and inserting 
        ``90 days''; and
            (B) by striking paragraph (2) and inserting the following 
        new paragraph:
    ``(2) A report submitted under paragraph (1) shall include a plan 
by the Chief Operating Officer to address the recommendations and other 
matters contained in the report.''; and
        (3) in subsection (e)(1)--
            (A) by striking ``45 days'' and inserting ``60 days''; and
            (B) by striking ``Director of the facility concerned shall 
        submit to the Under Secretary of Defense for Personnel and 
        Readiness, the Chief Operating Officer'' and inserting ``Chief 
        Operating Officer shall submit to the Under Secretary of 
        Defense for Personnel and Readiness, the Senior Medical 
        Advisor''.
    SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVISIONS AND TECHNICAL, 
      CONFORMING, AND CLERICAL AMENDMENTS.
    (a) Repeal of Transitional Provisions.--Part B of the Armed Forces 
Retirement Home Act of 1991, consisting of sections 1531, 1532, and 
1533 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 (24 U.S.C. 431, 432, 
433), is repealed.
    (b) Correction of Obsolete References to Retirement Home Board.--
        (1) Armed forces retirement home act.--Section 1519(a)(2) of 
    the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 419(a)(2)) 
    is amended by striking ``Retirement Home Board'' and inserting 
    ``Chief Operating Officer''.
        (2) Title 10.--
            (A) Defense of certain suits.--Section 1089(g)(3) 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) Fines and forfeitures.--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''.
    (c) Section Headings.--
        (1) Section 1501.--The heading of section 1501 of the Armed 
    Forces Retirement Home Act of 1991 (24 U.S.C. 401 note) is amended 
    to read as follows:
``SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.''.
        (2) Section 1513.--The heading of section 1513 of such Act (24 
    U.S.C. 413) is amended to read as follows:
``SEC. 1513. SERVICES PROVIDED TO RESIDENTS.''.
        (3) Section 1513a.--The heading of section 1513A of such Act 
    (24 U.S.C. 413a) is amended to read as follows:
``SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.''.
        (4) Section 1517.--The heading of section 1517 of such Act (24 
    U.S.C. 417) is amended to read as follows:
``SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.''.
        (5) Section 1518.--The heading of section 1518 of such Act (24 
    U.S.C. 418) 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 of 
    such Act (24 U.S.C. 412, 420) are amended by adding a period at the 
    end.
    (d) Part a Header.--The heading for part A is repealed.
    (e) Table of Contents.--The table of contents in section 1501(b) of 
such Act 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:

``Sec. 1516. Advisory Council.
``Sec. 1516A. Resident Advisory Committees.
``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 G--Defense Dependents' Education and Military Family Readiness 
                                Matters

    SEC. 571. 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. 572. 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, $30,000,000 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) Assistance to Schools With Enrollment Changes Due to Base 
Closures, Force Structure Changes, or Force Relocations.--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, $10,000,000 shall be 
available only for the purpose of providing assistance to local 
educational agencies under subsection (b) of section 572 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163; 20 U.S.C. 7703b).
    (c) 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. 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''.
    SEC. 574. REVISION TO 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 persons, 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 shall be a member of the 
        armed force to be represented.
            ``(ii) One representative of the Army National Guard or the 
        Air National Guard, who may be a member of the National Guard.
            ``(iii) One spouse or parent of a member of each of the 
        Army, Navy, Marine Corps, and Air Force, two of whom shall be 
        the spouse or parent of an active component member and two of 
        whom shall be the spouse or parent of a reserve component 
        member.
        ``(C) 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.
        ``(D) The senior enlisted advisor from each of the Army, Navy, 
    Marine Corps, and Air Force, except that two of these members may 
    instead be selected from among the spouses of the senior enlisted 
    advisors.
        ``(E) 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 subparagraph (B) of paragraph 
(1) shall be two years and may be renewed by the Secretary of Defense. 
Representation on the Council under clause (ii) of that subparagraph 
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 
subparagraph (C) of paragraph (1) shall be three years.''.
    SEC. 575. 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)(2)(A) 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.''.
    SEC. 576. 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.''.
    SEC. 577. REPORT ON DEPARTMENT OF DEFENSE AUTISM PILOT AND 
      DEMONSTRATION PROJECTS.
    (a) Report Required.--Not later than March 14, 2013, the Secretary 
of Defense shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a report on all pilot and 
demonstration projects and all other efforts being conducted by the 
Department of Defense on autism services.
    (b) Matters Covered.--At a minimum, the report under subsection (a) 
shall include an assessment of the demand for autism treatment services 
by military families, including the intensity and volumes of use across 
specific diagnoses and age groups and the availability of qualified 
providers of such treatment services.
    SEC. 578. 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) All current Department of Defense military spouse 
    employment programs, and the efficacy and effectiveness of each 
    such program.
        (2) The types of military spouse employment programs that have 
    been considered or used in the past by the Department.
        (3) The ways in which military spouse employment programs have 
    changed in recent years.
        (4) 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.
        (5) 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.
        (6) The oversight provided by the Office of Personnel and 
    Management regarding preferences for military spouses in Federal 
    employment.
        (7) The total funding available to the Department for each 
    military spouse employment program and the amount obligated by the 
    Department for each such program.
        (8) The number (or a reasonable estimate if a precise number is 
    not available) of military spouses who have obtained employment 
    following participation in a Department military spouse employment 
    program, as a whole and for each military spouse employment 
    program.
    (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 military spouse employment 
    programs.

  Subtitle H--Improved Sexual Assault Prevention and Response in the 
                              Armed Forces

    SEC. 581. 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 
180 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, or a dependent of a 
member, 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 or dependent who is the victim 
of sexual assault shall be informed of the availability of assistance 
under paragraph (1) as soon as the member or dependent 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 or dependent 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 or dependent regardless of whether the 
member or dependent 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, or a dependent 
of a member, 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 Sexual Assault Response Coordinator.
        ``(B) A Sexual Assault Victim Advocate.
        ``(C) Healthcare personnel specifically identified in the 
    regulations required by paragraph (1).''.
        (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. 582. CONSIDERATION OF APPLICATION FOR PERMANENT CHANGE OF 
      STATION OR UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR 
      VICTIM OF SEXUAL ASSAULT OR RELATED OFFENSE.
    (a) In General.--Chapter 39 of title 10, United States Code, is 
amended by inserting after section 672 the following new section:
``Sec. 673. Consideration of application for permanent change of 
   station or unit transfer for members on active duty who are the 
   victim of a sexual assault or related offense
    ``(a) Timely Consideration and Action.--The Secretary concerned 
shall provide for timely determination and action on an application for 
consideration of a 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 or other offense covered by section 920, 920a, or 920c 
of this title (article 120, 120a, or 120c) so as to reduce the 
possibility of retaliation against the member for reporting the sexual 
assault or other offense.
    ``(b) Regulations.--The Secretaries of the military departments 
shall issue regulations to carry out this section, within guidelines 
provided by the Secretary of Defense. These guidelines shall provide 
that the application submitted by a member described in subsection (a) 
for a change of station or unit transfer must be approved or 
disapproved by the member's commanding officer within 72 hours of the 
submission of the application. Additionally, if the application is 
disapproved by the commanding officer, the member shall be given the 
opportunity to request review by the first general officer or flag 
officer in the chain of command of the member, and that decision must 
be made within 72 hours of submission of the request for review.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
672 the following new item:

``673. Consideration of application for permanent change of station or 
          unit transfer for members on active duty who are the victim of 
          a sexual assault or related offense.''.
    SEC. 583. DIRECTOR OF 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; 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. 584. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT 
      VICTIM ADVOCATES.
    (a) Assignment of Coordinators.--
        (1) Assignment requirements.--At least one full-time Sexual 
    Assault Response Coordinator shall be assigned to each brigade or 
    equivalent unit level of the armed forces. The Secretary of the 
    military department concerned may assign additional Sexual Assault 
    Response Coordinators as necessary based on the demographics or 
    needs of the unit. An additional Sexual Assault Response 
    Coordinator may serve on a full-time or part-time basis at the 
    discretion of the Secretary.
        (2) Eligible persons.--On and after October 1, 2013, only 
    members of the armed forces and civilian employees of the 
    Department of Defense may be assigned to duty as a Sexual Assault 
    Response Coordinator.
    (b) Assignment of Victim Advocates.--
        (1) Assignment requirements.--At least one full-time Sexual 
    Assault Victim Advocate shall be assigned to each brigade or 
    equivalent unit level of the armed forces. The Secretary of the 
    military department concerned may assign additional Victim 
    Advocates as necessary based on the demographics or needs of the 
    unit. An additional Victim Advocate may serve on a full-time or 
    part-time basis at the discretion of the Secretary.
        (2) Eligible persons.--On and after October 1, 2013, only 
    members of the armed forces and civilian employees of the 
    Department of Defense may be assigned to duty as a Victim Advocate.
    (c) Training and Certification.--
        (1) Training and certification program.--As part of the sexual 
    assault prevention and response program, the Secretary of Defense 
    shall establish a professional and uniform training and 
    certification program for Sexual Assault Response Coordinators 
    assigned under subsection (a) and Sexual Assault Victim Advocates 
    assigned under subsection (b). The program shall be structured and 
    administered in a manner similar to the professional training 
    available for Equal Opportunity Advisors through the Defense Equal 
    Opportunity Management Institute.
        (2) Consultation.--In developing the curriculum and other 
    components of the program, the Secretary of Defense shall work with 
    experts outside of the Department of Defense who are experts in 
    victim advocacy and sexual assault prevention and response 
    training.
        (3) Effective date.--On and after October 1, 2013, before a 
    member or civilian employee may be assigned to duty as a Sexual 
    Assault Response Coordinator under subsection (a) or Victim 
    Advocate under subsection (b), the member or employee must have 
    completed the training program required by paragraph (1) and 
    obtained the certification.
    (d) Definitions.--In this section:
        (1) The term ``armed forces'' means the Army, Navy, Air Force, 
    and Marine Corps.
        (2) The term ``sexual assault prevention and response program'' 
    has the meaning given such term in section 1601(a) of the Ike 
    Skelton National Defense Authorization Act for Fiscal Year 2011 
    (Public Law 111-383; 10 U.S.C. 1561 note).
    SEC. 585. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT 
      PREVENTION AND RESPONSE PROGRAM.
    (a) Sexual Assault Prevention and Response Training and 
Education.--
        (1) Development of curriculum.--Not later than one year after 
    the date of the enactment of this Act, the Secretary of each 
    military department shall develop a curriculum to provide sexual 
    assault prevention and response training and education for members 
    of the Armed Forces under the jurisdiction of the Secretary and 
    civilian employees of the military department to strengthen 
    individual knowledge, skills, and capacity to prevent and respond 
    to sexual assault. In developing the curriculum, the Secretary 
    shall work with experts outside of the Department of Defense who 
    are experts sexual assault prevention and response training.
        (2) Scope of training and education.--The sexual assault 
    prevention and response training and education shall encompass 
    initial entry and accession programs, annual refresher training, 
    professional military education, peer education, and specialized 
    leadership training. Training shall be tailored for specific 
    leadership levels and local area requirements.
        (3) Consistent training.--The Secretary of Defense shall ensure 
    that the sexual assault prevention and response training provided 
    to members of the Armed Forces and Department of Defense civilian 
    employees is consistent throughout the military departments.
    (b) Inclusion in Professional Military Education.--The Secretary of 
Defense shall provide for the inclusion of a sexual assault prevention 
and response training module at each level of professional military 
education. The training shall be tailored to the new responsibilities 
and leadership requirements of members of the Armed Forces as they are 
promoted.
    (c) Inclusion in First Responder Training.--
        (1) In general.--The Secretary of Defense shall direct that 
    managers of specialty skills associated with first responders 
    described in paragraph (2) integrate sexual assault response 
    training in initial and recurring training courses.
        (2) Covered first responders.--First responders referred to in 
    paragraph (1) include firefighters, emergency medical technicians, 
    law enforcement officers, military criminal investigators, 
    healthcare personnel, judge advocates, and chaplains.
    SEC. 586. 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 October 1, 2012, 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, including Department of Defense 
    Forms 2910 and 2911, and evidence must be retained, except that--
            (A) the length of time physical evidence and forensic 
        evidence must be retained shall be not less than five years; 
        and
            (B) the length of time documentary evidence relating to 
        sexual assaults must be retained shall be not less than the 
        length of time investigative records relating to reports of 
        sexual assaults of that type (restricted or unrestricted 
        reports) must be retained.
        (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''), restricted reporting cases, 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.
    (e) Copy of Records of Court-martial to Victim of Sexual Assault.--
Section 854 of title 10, United States Code (article 54 of the Uniform 
Code of Military Justice), is amended by adding at the end the 
following new subsection:
    ``(e) In the case of a general or special court-martial involving a 
sexual assault or other offense covered by section 920 of this title 
(article 120), a copy of all prepared records of the proceedings of the 
court-martial shall be given to the victim of the offense if the victim 
testified during the proceedings. The records of the proceedings shall 
be provided without charge and as soon as the records are 
authenticated. The victim shall be notified of the opportunity to 
receive the records of the proceedings.''.

                       Subtitle I--Other Matters

    SEC. 588. 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. 589. MILITARY ADAPTIVE SPORTS PROGRAM.
    (a) Program Authorized.--Chapter 152 of title 10, United States 
Code, is amended by inserting after section 2564 the following new 
section:
``Sec. 2564a. Provision of assistance for adaptive sports programs for 
     members of the armed forces
    ``(a) Program Authorized.--(1) The Secretary of Defense may 
establish a military adaptive sports program to support the provision 
of adaptive sports programming for members of the armed forces who are 
eligible to participate in adaptive sports because of an injury or 
wound incurred in the line of duty in the armed forces.
    ``(2) In establishing the military adaptive sports program, the 
Secretary of Defense shall--
        ``(A) consult with the Secretary of Veterans Affairs; and
        ``(B) avoid duplicating programs conducted by the Secretary of 
    Veterans Affairs under section 521A of title 38.
    ``(b) Provision of Assistance; Purpose.--(1) Under such criteria as 
the Secretary of Defense may establish under the military adaptive 
sports program, the Secretary may award grants to, or enter into 
contracts and cooperative agreements with, entities for the purpose of 
planning, developing, managing, and implementing adaptive sports 
programming for members described in subsection (a).
    ``(2) The Secretary of Defense shall use competitive procedures to 
award any grant or to enter into any contract or cooperative agreement 
under this subsection.
    ``(c) Use of Assistance.--Assistance provided under the military 
adaptive sports program shall be used--
        ``(1) for the purposes specified in subsection (b); and
        ``(2) for such related activities and expenses as the Secretary 
    of Defense may authorize.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
717 the following new item:

``2564a. Provision of assistance for adaptive sports programs for 
          members of the armed forces.''.
    SEC. 590. 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. 591. ARMY NATIONAL MILITARY CEMETERIES.
    (a) Management Responsibilities and Oversight.--
        (1) In general.--Title 10, United States Code, is amended by 
    inserting after chapter 445 the following new chapter:

            ``CHAPTER 446--ARMY NATIONAL MILITARY CEMETERIES

``Sec.
``4721. Authority and responsibilities of the Secretary of the Army.
``4722. Interment and inurnment policy.
``4723. Advisory committee on Arlington National Cemetery.
``4724. Executive Director.
``4725. Superintendents.
``4726. Oversight and inspections.

``Sec. 4721. Authority and responsibilities of the Secretary of the 
    Army
    ``(a) General Authority.--The Secretary of the Army shall develop, 
operate, manage, administer, oversee, and fund the Army National 
Military Cemeteries specified in subsection (b) in a manner and to 
standards that fully honor the service and sacrifices of the deceased 
members of the armed forces buried or inurned in the Cemeteries.
    ``(b) Army National Military Cemeteries.--The Army National 
Military Cemeteries (in this chapter referred to as the `Cemeteries') 
consist of the following:
        ``(1) Arlington National Cemetery in Arlington, Virginia.
        ``(2) The United States Soldiers' and Airmen's Home National 
    Cemetery in the District of Colombia.
    ``(c) Administrative Jurisdiction.--The Cemeteries shall be under 
the jurisdiction of Headquarters, Department of the Army.
    ``(d) Regulations and Other Policies.--The Secretary of the Army 
shall prescribe such regulations and policies as may be necessary to 
administer the Cemeteries.
    ``(e) Budgetary and Reporting Requirements.--The Secretary of the 
Army shall submit to the congressional defense committees and the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives an annual budget request (and detailed justifications 
for the amount of the request) to fund administration, operation and 
maintenance, and construction related to the Cemeteries. The Secretary 
may include, as necessary, proposals for new or amended statutory 
authority related to the Cemeteries.
``Sec. 4722. Interment and inurnment policy
    ``(a) Eligibility Determinations Generally.--(1) The Secretary of 
the Army, with the approval of the Secretary of Defense, shall 
determine eligibility for interment or inurnment in the Cemeteries.
    ``(2) The Secretary of the Army, with the approval of the Secretary 
of Defense, shall establish policy and procedures for reviewing and 
determining requests for exceptions to interment and inurnment 
eligibility policy, which shall include a requirement, before granting 
the request for an exception, for notification of the Committees on 
Armed Services and the Committees on Veterans Affairs of the Senate and 
the House of Representatives.
    ``(b) Removal of Remains.--Under such regulations as the Secretary 
of the Army may prescribe under section 4721(d) of this title, the 
Secretary of the Army may authorize the removal of the remains of a 
person described in subsection (c) from one of the Cemeteries for re-
interment or re-inurnment if, upon the death of the primary person 
eligible for interment or inurnment in the Cemeteries, the deceased 
primary eligible person will not be buried in the same or an adjoining 
grave.
    ``(c) Covered Persons.--Except as provided in subsection (d), the 
persons whose remains may be removed pursuant to subsection (b) are the 
deceased spouse, a minor child, and, in the discretion of the Secretary 
of the Army, an unmarried adult child of a member eligible for 
interment or inurnment in the Cemeteries.
    ``(d) Exceptions.--The remains of a person described in subsection 
(c) may not be removed from one of the Cemeteries under subsection (b) 
if the primary person eligible for burial in the Cemeteries is a 
person--
        ``(1) who is missing in action;
        ``(2) whose remains have not been recovered or identified;
        ``(3) whose remains were buried at sea, whether by the choice 
    of the person or otherwise;
        ``(4) whose remains were donated to science; or
        ``(5) whose remains were cremated and whose ashes were 
    scattered without interment of any portion of the ashes.
``Sec. 4723. Advisory committee on Arlington National Cemetery
    ``(a) Appointment.--The Secretary of the Army shall appoint an 
advisory committee on Arlington National Cemetery.
    ``(b) Role.--The Secretary of the Army shall advise and consult 
with the advisory committee with respect to the administration of 
Arlington National Cemetery, the erection of memorials at the cemetery, 
and master planning for the cemetery.
    ``(c) Reports and Recommendations.--The advisory committee shall 
make periodic reports and recommendations to the Secretary of the Army.
    ``(d) Submission to Congress.--Not later than 90 days after 
receiving a report or recommendations from the advisory committee under 
subsection (c), the Secretary of the Army shall submit the report or 
recommendations to the congressional defense committees and the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives and include such comments and recommendations of the 
Secretary as the Secretary considers appropriate.
``Sec. 4724. Executive Director
    ``(a) Appointment and Qualifications.--(1) There shall be an 
Executive Director of the Army National Military Cemeteries who shall 
meet such professional qualifications as may be established by the 
Secretary of the Army.
    ``(2) The Executive Director reports directly to the Secretary.
    ``(b) Responsibilities.--The Executive Director is responsible for 
the following:
        ``(1) Exercising authority, direction and control over all 
    aspects of the Cemeteries.
        ``(2) Establishing and maintaining full accountability for all 
    gravesites and inurnment niches in the Cemeteries.
        ``(3) Oversight of the construction, operation and maintenance, 
    and repair of the buildings, structures, and utilities of the 
    Cemeteries.
        ``(4) Acquisition and maintenance of real property and 
    interests in real property for the Cemeteries.
        ``(5) Planning and conducting private ceremonies at the 
    Cemeteries, including funeral and memorial services for interment 
    and inurnment, and planning and conducting public ceremonies, as 
    directed by the Secretary of the Army.
        ``(6) Formulating, promulgating, administering, and overseeing 
    policies and addressing proposals for the placement of memorials 
    and monuments in the Cemeteries.
        ``(7) Formulating and implementing a master plan for Arlington 
    National Cemetery that, at a minimum, addresses interment and 
    inurnment capacity, visitor accommodation, operation and 
    maintenance, capital requirements, preservation of the cemetery's 
    special features, and other matters the Executive Director 
    considers appropriate.
        ``(8) Overseeing the programming, planning, budgeting, and 
    execution of funds authorized and appropriated for the Cemeteries.
        ``(9) Providing recommendations regarding any request for an 
    exception to interment and inurnment eligibility policy.
        ``(10) Supervising the superintendents of the Cemeteries.
``Sec. 4725. Superintendents
    ``(a) Appointment and Qualifications.--An individual serving as the 
superintendent of one of the Cemeteries should have, as determined by 
the Secretary of the Army--
        ``(1) experience in the administration, management, and 
    operation of cemeteries under the jurisdiction of the National 
    Cemeteries System administered by the Department of Veterans 
    Affairs; or
        ``(2) experience in the administration, management, and 
    operation of large civilian cemeteries equivalent to the experience 
    described in paragraph (1).
    ``(b) Duties.--The superintendents of the Cemeteries report 
directly to the Executive Director and performs such duties and 
responsibilities as the Executive Director prescribes.
``Sec. 4726. Oversight and inspections
    ``(a) Inspections Required.--The Secretary of the Army shall 
provide for the oversight of the Cemeteries to ensure the highest 
quality standards are maintained by providing for the periodic 
inspection of the administration, operation and maintenance, and 
construction elements applicable to the Cemeteries. The inspections 
shall be conducted by personnel of the Department of the Army with the 
assistance, as the Secretary considers appropriate, of personnel from 
other Federal agencies and civilian experts.
    ``(b) Submission of Results.--Not later than 120 days after the 
completion of an inspection conducted under subsection (a), the 
Secretary of the Army shall submit to the congressional defense 
committees a report containing the results of the inspection and 
recommendations and a plan for corrective actions to be taken in 
response to the inspection.''.
        (2) Table of chapters.--The table of chapters at the beginning 
    of subtitle B of such title and at the beginning of part IV of such 
    subtitle are amended by inserting after the item relating to 
    chapter 445 the following new item:

``446. Army National Military Cemeteries.........................4721''.

    (b) Digitization of Arlington National Cemetery Interment and 
Inurnment Records.--
        (1) Deadline for conversion and use.--Not later than June 1, 
    2012, all records related to interments and inurnments at Arlington 
    National Cemetery shall be converted to a digitized format. 
    Thereafter, use of the digitized format shall be the method by 
    which all subsequent records related to interments and inurnments 
    at Arlington National Cemetery are preserved and utilized.
        (2) Digitized format defined.--In this subsection, the term 
    ``digitized format'' refers to the use of an electronic database 
    for recordkeeping and includes the full accounting of all records 
    of each specific gravesite and niche location at Arlington National 
    Cemetery and the identification of the individual interred or 
    inurned at each specific gravesite and niche location.
    (c) Additional Inspection Requirement.--During fiscal years 2013 
and 2015, the Inspector General of the Department of Defense shall 
conduct an inspection of--
        (1) Arlington National Cemetery in Arlington, Virginia; and
        (2) the United States Soldiers' and Airmen's Home National 
    Cemetery in the District of Colombia.
    SEC. 592. INSPECTION OF MILITARY CEMETERIES UNDER JURISDICTION OF 
      THE MILITARY DEPARTMENTS.
    (a) Inspection and Recommendations Required.--The Inspector General 
of each military department shall conduct an inspection of each 
military cemetery under the jurisdiction of that military department 
and, based on the findings of those inspections, make recommendations 
for the regulation, management, oversight, and operation of the 
military cemeteries.
    (b) Elements of Inspection.--The inspection of military cemeteries 
conducted by the Inspector General of a military department under 
subsection (a) shall include an assessment of the following:
        (1) The adequacy of the statutes, policies, and regulations 
    governing the management, oversight, operations, and interments or 
    inurnments (or both) by the military cemeteries under the 
    jurisdiction of that military department and the adherence of such 
    military cemeteries to such statutes, policies, and regulations.
        (2) The system employed to fully account for and accurately 
    identify the remains interred or inurned in such military 
    cemeteries.
        (3) The contracts and contracting processes and oversight of 
    those contracts and processes with regard to compliance with 
    Department of Defense and military department guidelines.
        (4) The history and adequacy of the oversight conducted by the 
    Secretary of the military department over such military cemeteries 
    and the adequacy of corrective actions taken as a result of that 
    oversight.
        (5) The statutory and policy guidance governing the 
    authorization for the Secretary of the military department to 
    operate such military cemeteries and an assessment of the budget 
    and appropriations structure and history of such military 
    cemeteries.
        (6) Such other matters as the Inspector General considers to be 
    appropriate.
    (c) Inspection of Additional Cemeteries.--
        (1) Inspection required.--In addition to the inspections 
    required by subsection (a), the Inspector General of the Department 
    of Defense shall conduct an inspection of a statistically valid 
    sample of cemeteries located at current or former military 
    installations inside and outside the United States that are under 
    the jurisdiction of the military departments for the purpose of 
    obtaining an assessment of the adequacy of and adherence to the 
    statutes, policies, and regulations governing the management, 
    oversight, operations, and interments or inurnments (or both) by 
    those cemeteries.
        (2) Exclusion.--Paragraph (1) does not apply to the cemeteries 
    maintained by the American Battle Monuments Commission and the 
    military cemeteries identified in subsection (e).
    (d) Submission of Inspection Results and Corrective Action Plans.--
        (1) Military cemetery inspections.--Not later than May 15, 
    2012, the Secretaries of the military departments shall submit to 
    the Committees on Armed Services of the Senate and the House of 
    Representatives a report containing--
            (A) the findings of the inspections of the military 
        cemeteries conducted under subsection (a);
            (B) the recommendations of the Inspectors General of the 
        military departments based on such inspections; and
            (C) a plan for corrective action.
        (2) Inspection of additional cemeteries.--Not later than 
    December 31, 2012, the Inspector General of the Department of 
    Defense shall submit to the Committees on Armed Services of the 
    Senate and the House of Representatives a report containing the 
    findings of the inspections conducted under subsection (c) and the 
    recommendations of the Inspector General based on such inspections. 
    Not later than April 1, 2013, the Secretaries of the military 
    departments shall submit to such committees a plan for corrective 
    action.
    (e) Military Cemetery Defined.--In subsections (a) and (b), the 
term ``military cemetery'' means the cemeteries that are under the 
jurisdiction of a Secretary of a military department at the following 
locations:
        (1) The United States Military Academy.
        (2) The United States Naval Academy.
        (3) The United States Air Force Academy.
    SEC. 593. 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 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.
    SEC. 594. 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. 595. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH 
      AMERICAN WORLD WAR I VETERANS.
    (a) Review Required.--The Secretary of the Army and the Secretary 
of the Navy shall review the service of each Jewish American World War 
I veteran described in subsection (b) to determine whether such veteran 
should be posthumously awarded the Medal of Honor.
    (b) Covered Jewish American War Veterans.--The Jewish American 
World War I veterans whose service is to be reviewed under subsection 
(a) are any Jewish American World War I veterans awarded the 
Distinguished Service Cross or the Navy Cross for heroism during World 
War I and whose name and supporting material for upgrade of the award 
are submitted to the Secretary concerned for such purpose before the 
end of the one-year period beginning on the date of the enactment of 
this Act.
    (c) Recommendation Based on Review.--If the Secretary concerned 
determines, based upon the review under subsection (a) that the award 
of the Medal of Honor to a veteran is warranted, the Secretary shall 
submit to the Secretary of Defense a recommendation that the Medal of 
Honor be awarded posthumously to the veteran.
    (d) World War I Defined.--In this section, the term ``World War I'' 
means the period beginning on April 6, 1917, and ending on November 11, 
1918.
    SEC. 596. 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 the congressional defense committees 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 to 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 considers 
appropriate for the establishment of such process.
    (b) Requirements for Report.--
        (1) Evaluation of appropriate elements of similar federal 
    programs.--In preparing 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. 597. COMPTROLLER GENERAL STUDY OF MILITARY NECESSITY OF 
      SELECTIVE SERVICE SYSTEM AND ALTERNATIVES.
    (a) Study Required.--The Comptroller General of the United States 
shall conduct a study--
        (1) to assess the necessity of the Selective Service System to 
    the Department of Defense in meeting future military manpower 
    requirements that are in excess of the ability of the all-volunteer 
    force; and
        (2) to determine the fiscal and national security impacts of--
            (A) disestablishing the Selective Service System;
            (B) putting the Selective Service System into a deep 
        standby mode, defined as retaining only personnel sufficient to 
        conduct necessary functions, to include maintaining the 
        registration database; and
            (C) requiring the Department of Defense, or other Federal 
        department, upon disestablishment of the Selective Service 
        System and repeal of registration requirements, to assume 
        responsibility for securing the Selective Service System 
        registration data bases, and keeping them updated.
    (b) Additional Considerations for Each Option.--As part of 
considering the impacts of disestablishment of the Selective Service 
System, putting it into a deep standby mode, or transferring 
responsibilities as described in subsection (a)(2)(C), the Comptroller 
General shall provide for each option--
        (1) an estimate of the annual cost or savings of each option to 
    the Federal government; and
        (2) the feasibility, cost, and time required for each option--
            (A) to reestablish the capability to meet the Selective 
        Service System mission, as it existed before disestablishment; 
        and
            (B) to provide the Department of Defense the required 
        number of conscripts for training, should conscription be 
        authorized by Congress.
    (c) Special Considerations Regarding Registration.--The study shall 
also include an assessment of the feasibility, cost, and time required 
to meet registration requirements by--
        (1) using existing Federal and State government institutions as 
    an alternative to Selective Service registration to maintain an 
    accurate, comprehensive database of Americans who, according to 
    existing Selective Service System registration requirements, would 
    be subject to conscription should conscription be authorized; and
        (2) integrating various alternative registration databases for 
    use in connection with conscription and provide a means to keep 
    updated and accurate the Selective Service System database under 
    each of the options described in subsection (a)(2).
    (d) Submission of Results.--Not later than May 1, 2012, the 
Comptroller General shall submit the Committees on Armed Services of 
the Senate and House of Representatives a report containing the results 
of the study.
    SEC. 598. EVALUATION OF ISSUES AFFECTING DISPOSITION OF REMAINS OF 
      AMERICAN SAILORS KILLED IN THE EXPLOSION OF THE KETCH U.S.S. 
      INTREPID IN TRIPOLI HARBOR ON SEPTEMBER 4, 1804.
    (a) Evaluation Required.--Not later than 270 days after the date of 
the enactment of this Act, the Secretary of Defense and the Secretary 
of the Navy shall conduct an evaluation of the following issues with 
respect to the disposition of the remains of American sailors killed in 
the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on 
September 4, 1804:
        (1) The feasibility of recovery of the remains based on 
    historical information, factual considerations, costs, and 
    precedential effect.
        (2) The ability to make identifications of the remains within a 
    two-year period based on conditions and facts that would have to 
    exist for positive scientific identification of the remains.
        (3) The diplomatic and inter-governmental issues that would 
    have to be addressed in order to provide for exhuming and removing 
    the remains consistent with the sovereignty of the Libyan 
    government.
    (b) Participation and Consultation.--The Secretary of Defense and 
the Secretary of the Navy shall conduct the evaluation under subsection 
(a) with the participation of the Defense POW/Missing Personnel Office 
and the Joint POW/MIA Accounting Command and in consultation with the 
Secretary of State.
    (c) Submission of Recommendation.--Upon completion of the 
evaluation as required by subsection (a), the Secretary of Defense and 
the Secretary of State shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives their recommendation 
regarding the proposal to exhume, identify, and relocate the remains of 
the American sailors referred to in such subsection and the reasons 
supporting their recommendation.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Resumption of authority to provide temporary increase in rates 
          of basic allowance for housing under certain circumstances.
Sec. 602. Lodging accommodations for members assigned to duty in 
          connection with commissioning or fitting out of a ship.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
          authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
          authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
          nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37 
          consolidated special pay, incentive pay, and bonus 
          authorities.
Sec. 615. One-year extension of authorities relating to payment of other 
          title 37 bonuses and special pays.
Sec. 616. Modification of qualifying period for payment of hostile fire 
          and imminent danger special pay and hazardous duty special 
          pay.

       Subtitle C--Travel and Transportation Allowances Generally

Sec. 621. One-year extension of authority to reimburse travel expenses 
          for inactive-duty training outside of normal commuting 
          distance.

   Subtitle D--Consolidation and Reform of Travel and Transportation 
                               Authorities

Sec. 631. Consolidation and reform of travel and transportation 
          authorities of the uniformed services.
Sec. 632. Transition provisions.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits 
                             and Operations

Sec. 641. Discretion of the Secretary of the Navy to select categories 
          of merchandise to be sold by ship stores afloat.
Sec. 642. Access of military exchange stores system to credit available 
          through Federal Financing Bank.
Sec. 643. Designation of Fisher House for the Families of the Fallen and 
          Meditation Pavilion, Dover Air Force Base, Delaware, as a 
          Fisher House.

        Subtitle F--Disability, Retired Pay and Survivor Benefits

Sec. 651. 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.

                        Subtitle G--Other Matters

Sec. 661. Report on basic allowance for housing for National Guard 
          members transitioning between active duty and full-time 
          National Guard duty.
Sec. 662. Report on incentives for recruitment and retention of health 
          care professionals.

                     Subtitle A--Pay and Allowances

    SEC. 601. RESUMPTION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN 
      RATES OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN CIRCUMSTANCES.
    Section 403(b)(7)(E) of title 37, United States Code, is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2012''.
    SEC. 602. LODGING ACCOMMODATIONS FOR MEMBERS ASSIGNED TO DUTY IN 
      CONNECTION WITH COMMISSIONING OR FITTING OUT OF A SHIP.
    (a) Extension to Precommissioning Unit Sailors.--Subsection (a) of 
section 7572 of title 10, United States Code, is amended--
        (1) by inserting ``or assigned to duty in connection with 
    commissioning or fitting out of a ship'' after ``sea duty''; and
        (2) by inserting ``, because the ship is under construction and 
    is not yet habitable,'' after ``because of repairs,''.
    (b) Extension to Enlisted Members.--Subsection (d) of such section 
is amended--
        (1) in paragraph (1)--
            (A) by striking ``After the expiration of the authority 
        provided in subsection (b), an officer'' and inserting ``A 
        member'';
            (B) by striking ``officer's quarters'' and inserting 
        ``member's quarters'';
            (C) by striking ``obtaining quarters'' and inserting 
        ``obtaining housing''; and
            (D) by striking ``the officer'' and inserting ``the 
        member'';
        (2) in paragraph (2)--
            (A) by striking ``an officer'' both places it appears and 
        inserting ``a member'';
            (B) by striking ``quarters'' and inserting ``housing''; and
            (C) by striking ``officer's grade'' and inserting 
        ``member's grade''; and
        (3) in paragraph (3)--
            (A) by striking ``an officer'' and inserting ``a member''; 
        and
            (B) by striking ``quarters'' and inserting ``housing''.
    (c) Shipyards Affected by BRAC 2005.--Such section is further 
amended by adding at the end the following new subsection:
    ``(e)(1) The Secretary may reimburse a member of the naval service 
assigned to duty in connection with commissioning or fitting out of a 
ship in Pascagoula, Mississippi, or Bath, Maine, who is deprived of 
quarters on board a ship because the ship is under construction and is 
not yet habitable, or because of other conditions that make the 
member's quarters uninhabitable, for expenses incurred in obtaining 
housing, but only when the Navy is unable to furnish the member with 
lodging accommodations under subsection (a).
    ``(2) The total amount that a member may be reimbursed under this 
subsection may not exceed an amount equal to the basic allowance for 
housing of a member without dependents of that member's grade.
    ``(3) A member without dependents, or a member who resides with 
dependents while assigned to duty in connection with commissioning or 
fitting out of a ship at one of the locations specified in paragraph 
(1), may not be reimbursed under this subsection.
    ``(4) The Secretary may prescribe regulations to carry out this 
subsection.''.
    (d) Conforming Amendments.--
        (1) Section heading.--The heading of such section is amended to 
    read as follows:
``Sec. 7572. Quarters: accommodations in place for members on sea duty 
    or assigned to duty in connection with commissioning or fitting out 
    of a ship''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 649 of such title is amended by striking the item 
    relating to section 7572 and inserting the following new item:

``7572. Quarters: accommodations in place for members on sea duty or 
          assigned to duty in connection with commissioning or fitting 
          out of a ship.''.

           Subtitle B--Bonuses and Special and Incentive Pays

    SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
      AUTHORITIES FOR 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.
    SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
      AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
    (a) Title 10 Authorities.--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.
    (b) Title 37 Authorities.--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.
    SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES 
      FOR 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.
    SEC. 614. ONE-YEAR EXTENSION OF 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 333(i), relating to special bonus and incentive pay 
    authorities for nuclear officers.
        (4) Section 334(i), relating to special aviation incentive pay 
    and bonus authorities for officers.
        (5) Section 335(k), relating to special bonus and incentive pay 
    authorities for officers in health professions.
        (6) Section 351(h), relating to hazardous duty pay.
        (7) Section 352(g), relating to assignment pay or special duty 
    pay.
        (8) Section 353(i), relating to skill incentive pay or 
    proficiency bonus.
        (9) Section 355(h), relating to retention incentives for 
    members qualified in critical military skills or assigned to high 
    priority units.
    SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
      OTHER TITLE 37 BONUSES AND SPECIAL PAYS.
    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 armed forces.
        (8) Section 330(f), relating to accession bonus for officer 
    candidates.
    SEC. 616. 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.--(1) Except as provided in paragraph (2), 
the amount of special pay authorized by subsection (a) for qualifying 
service during a day or portion of a day shall be the amount equal to 
1/30th of the maximum monthly amount of special pay payable to a member 
as specified in paragraph (3).
    ``(2) In the case of a member who is exposed to hostile fire or a 
hostile mine explosion event in or for a day or portion of a day, the 
Secretary concerned may, at the election of the Secretary, pay the 
member special pay under subsection (a) for such service in an amount 
not to exceed the maximum monthly amount of special pay payable to a 
member as specified in paragraph (3).
    ``(3) The maximum monthly amount of special pay payable to a member 
under this subsection for any month is $225.''.
        (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--
                ``(i) shall prorate the payment amount to reflect the 
            duration of the member's actual qualifying service during 
            the month; or
                ``(ii) in the case of a member who is exposed to 
            hostile fire or an explosion of a hostile explosive device 
            in or for a day or portion of a day, may, at the election 
            of the Secretary, pay the member hazardous duty pay in an 
            amount not to exceed the entire amount of hazardous duty 
            pay that would be payable to the member under such 
            paragraph (1) for the month in which the duty concerned 
            occurs (with the total amount of hazardous duty pay paid 
            the member under this clause in any given month not to 
            exceed such entire amount); 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.''.

       Subtitle C--Travel and Transportation Allowances Generally

    SEC. 621. ONE-YEAR EXTENSION OF AUTHORITY TO REIMBURSE TRAVEL 
      EXPENSES FOR INACTIVE-DUTY TRAINING OUTSIDE OF NORMAL COMMUTING 
      DISTANCE.
    Section 408a(e) of title 37, United States Code, is amended by 
striking ``December 31, 2011'' and inserting ``December 31, 2012''.

   Subtitle D--Consolidation and Reform of Travel and Transportation 
                              Authorities

    SEC. 631. 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 the following:
                ``(i) Transportation of survivors to attend burial 
            services or transfer of deceased members after death 
            overseas as provided in section 481f of this title.
                ``(ii) Transportation of designated individuals 
            incident to the hospitalization of members as provided in 
            section 481h of this title.
                ``(iii) Transportation of designated individuals 
            incident to the repatriation of members as provided in 
            section 481j of this title.
                ``(iv) Transportation of non-medical attendants as 
            provided in section 481k of this title.
                ``(v) Transportation of designated individuals to 
            attend Yellow Ribbon Reintegration Program events as 
            provided in section 481l of this title.
                ``(vi) Transportation of a person with regard to a 
            single event when the administering Secretary determines 
            that the travel is necessary to ensure fairness and equity, 
            respond to emergency or humanitarian circumstances, or 
            serve the best interests of the Government.
        ``(3) The term `family member', with respect to a member of the 
    uniformed services, means the following:
            ``(A) A dependent, as defined in section 401(a) of this 
        title.
            ``(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.
    ``(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.
    ``(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 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.''.
        (13) 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.''.
        (14) 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.''.
        (15) 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.''.
        (16) 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.''.
        (17) 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.''.
        (18) 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.''.
        (19) 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.''.
        (20) 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.''.
        (21) 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.''.
        (22) 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.''.
        (23) 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.''.
        (24) 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.''.
        (25) 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.''.
        (26) 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.''.
        (27) 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.''.
        (28) 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.''.
        (29) 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.''.
        (30) 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.''.
        (31) 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.''.
        (32) 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 Allowances...  401 

``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, 32, 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, 32, 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. 632. 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 631(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 E--Commissary and Nonappropriated Fund Instrumentality 
                        Benefits and Operations

    SEC. 641. DISCRETION OF THE SECRETARY OF THE NAVY TO SELECT 
      CATEGORIES OF MERCHANDISE TO BE SOLD BY SHIP STORES AFLOAT.
    Section 7604(c) of title 10, United States Code, is amended by 
striking ``shall'' and inserting ``may''.
    SEC. 642. ACCESS OF MILITARY EXCHANGE STORES SYSTEM TO CREDIT 
      AVAILABLE THROUGH FEDERAL FINANCING BANK.
    Section 2487 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Access of Exchange Stores System to Federal Financing Bank.--
To facilitate the provision of in-store credit to patrons of the 
exchange stores system while reducing the costs of providing such 
credit, the Army and Air Force Exchange Service, Navy Exchange Service 
Command, and Marine Corps exchanges may issue and sell their 
obligations to the Federal Financing Bank as provided in section 6 of 
the Federal Financing Bank Act of 1973 (12 U.S.C. 2285).''.
    SEC. 643. 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.

       Subtitle F--Disability, Retired Pay and Survivor Benefits

    SEC. 651. 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 the date of the enactment of this Act, and shall apply with 
respect to deaths that occur on or after that date.

                       Subtitle G--Other Matters

    SEC. 661. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR NATIONAL GUARD 
      MEMBERS TRANSITIONING BETWEEN ACTIVE DUTY AND FULL-TIME NATIONAL 
      GUARD DUTY.
    (a) Study.--The Secretary of Defense shall conduct a study on the 
implications for the monthly amount of basic allowance for housing of 
the transitions of members of the Army National Guard of the United 
States and Air National Guard of the United States as follows:
        (1) From active duty under title 10, United States Code, to 
    full-time National Guard duty under title 32, United States Code.
        (2) From full-time National Guard duty under title 32, United 
    States Code, to active duty under title 10, United States Code.
    (b) Requirements for Study.--In conducting the study required by 
subsection (a), the Secretary shall--
        (1) take into account all potential variations of circumstance 
    involving housing location, basic allowance for housing rates, 
    duration of service, duration of break in service, and duty status;
        (2) take into account all current applicable policies, 
    practices, and regulations;
        (3) assess potential modifications of policy and law, and 
    develop recommendations for modifications of policy and law if 
    determined appropriate; and
        (4) take into account the welfare of members of the Armed 
    Forces and their families when developing recommendations, if any, 
    under paragraph (3).
    (c) Report.--Not later than five months 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 a 
description of the manner in which each matter specified in subsection 
(b) was met, and include such comments and recommendations on the 
results of the study as the Secretary considers appropriate.
    SEC. 662. REPORT ON INCENTIVES FOR RECRUITMENT AND RETENTION OF 
      HEALTH CARE PROFESSIONALS.
    Not later than 90 days after the date of the enactment of this Act, 
the Surgeons General of the Army, Navy, and Air Force shall submit to 
Congress a report on their staffing needs for health care professionals 
in the active and reserve components of the Armed Forces. Such report 
shall--
        (1) identify the positions in most critical need for additional 
    health care professionals, including--
            (A) the number of physicians needed; and
            (B) whether additional behavioral health professionals are 
        needed to treat members of the Armed Forces for post traumatic 
        stress disorder and traumatic brain injury; and
        (2) recommend incentives for healthcare professionals with more 
    than 20 years of clinical experience to join the active or reserve 
    components, including changes in age or length of service 
    requirements to qualify for partial retired pay for non-regular 
    service.

                   TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Mental health assessments for members of the Armed Forces 
          deployed in support of a contingency operation.
Sec. 703. Behavioral health support for members of the reserve 
          components of the Armed Forces.
Sec. 704. Provision of food to certain members and dependents not 
          receiving inpatient care in military medical treatment 
          facilities.
Sec. 705. Travel for anesthesia services for childbirth for command-
          sponsored dependents of members assigned to remote locations 
          outside the continental United States.
Sec. 706. Transitional health benefits for certain members with 
          extension of active duty following active duty in support of a 
          contingency operation.
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior 
          Act.
Sec. 708. Transition enrollment of uniformed services family health plan 
          medicare-eligible retirees to TRICARE for life.

                 Subtitle B--Health Care Administration

Sec. 711. Codification and improvement of procedures for mental health 
          evaluations for members of the Armed Forces.
Sec. 712. Extension of time limit for submittal of claims under the 
          TRICARE program for care provided outside the United States.
Sec. 713. Expansion of State licensure exception for certain health care 
          professionals.
Sec. 714. Clarification on confidentiality of medical quality assurance 
          records.
Sec. 715. Maintenance of the adequacy of provider networks under the 
          TRICARE program.
Sec. 716. Review of the administration of the military health system.
Sec. 717. Limitation on availability of funds for the future electronic 
          health records program.

                  Subtitle C--Reports and Other Matters

Sec. 721. Modification of authorities on surveys on continued viability 
          of TRICARE Standard and TRICARE Extra.
Sec. 722. Treatment of wounded warriors.
Sec. 723. Report on research and treatment of post-traumatic stress 
          disorder.
Sec. 724. Report on memorandum regarding traumatic brain injuries.
Sec. 725. Comptroller General report on women-specific health services 
          and treatment for female members of the Armed Forces.
Sec. 726. Comptroller General report on contract health care staffing 
          for military medical treatment facilities.

              Subtitle A--Improvements to Health Benefits

    SEC. 701. ANNUAL ENROLLMENT FEES FOR CERTAIN RETIREES AND 
      DEPENDENTS.
    (a) Annual Enrollment Fees.--Section 1097(e) of title 10, United 
States Code, is amended--
        (1) by striking ``The Secretary of Defense'' and inserting 
    ``(1) The Secretary of Defense'';
        (2) by striking ``A premium,'' and inserting ``Except as 
    provided by paragraph (2), a premium,''; and
        (3) by adding at the end the following new paragraph:
    ``(2) Beginning October 1, 2012, the Secretary of Defense may only 
increase in any year the annual enrollment fees described in paragraph 
(1) by an amount equal to the percentage by which retired pay is 
increased under section 1401a of this title.''.
    (b) Clarification of Application for Fiscal Year 2013.--The 
Secretary of Defense shall determine the maximum enrollment fees for 
TRICARE Prime under section 1097(e)(2) of title 10, United States Code, 
as added by subsection (a), for fiscal year 2013 and thereafter as if 
the enrollment fee for each enrollee during fiscal year 2012 was the 
amount charged to an enrollee who enrolled for the first time during 
such fiscal year.
    SEC. 702. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES 
      DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
    (a) Mental Health Examinations During a Deployment.--
        (1) In general.--Chapter 55 of title 10, United States Code, is 
    amended by inserting after section 1074l the following new section:
``Sec. 1074m. Mental health assessments for members of the armed forces 
     deployed in support of a contingency operation
    ``(a) Mental Health Assessments.--(1) The Secretary of Defense 
shall provide a person-to-person mental health assessment for each 
member of the armed forces who is deployed in support of a contingency 
operation as follows:
        ``(A) Once during the period beginning 120 days before the date 
    of the deployment.
        ``(B) Once during the period beginning 90 days after the date 
    of redeployment from the contingency operation and ending 180 days 
    after such redeployment date.
        ``(C) Subject to subsection (d), not later than once during 
    each of--
            ``(i) the period beginning 180 days after the date of 
        redeployment from the contingency operation and ending one year 
        after such redeployment date; and
            ``(ii) the period beginning 18 months after such 
        redeployment date and ending 30 months after such redeployment 
        date.
    ``(2) A mental health assessment is not required for a member of 
the armed forces under subparagraph (B) and (C) of paragraph (1) if the 
Secretary determines that--
        ``(A) the member was not subjected or exposed to operational 
    risk factors during deployment in the contingency operation 
    concerned; or
        ``(B) providing such assessment to the member during the time 
    periods under such subparagraphs would remove the member from 
    forward deployment or put members or operational objectives at 
    risk.
    ``(b) Purpose.--The purpose of the mental health assessments 
provided pursuant to this section shall be to identify post-traumatic 
stress disorder, suicidal tendencies, and other behavioral health 
conditions identified among members described in subsection (a) in 
order to determine which such members are in need of additional care 
and treatment for such health conditions.
    ``(c) Elements.--(1) The mental health assessments provided 
pursuant to this section shall--
        ``(A) be performed by personnel trained and certified to 
    perform such assessments and may be performed--
            ``(i) by licensed mental health professionals if such 
        professionals are available and the use of such professionals 
        for the assessments would not impair the capacity of such 
        professionals to perform higher priority tasks; and
            ``(ii) by personnel at private facilities in accordance 
        with section 1074(c) of this title;
        ``(B) include a person-to-person dialogue between members 
    described in subsection (a) and the professionals or personnel 
    described by subparagraph (A), as applicable, on such matters as 
    the Secretary shall specify in order that the assessments achieve 
    the purpose specified in subsection (b) for such assessments;
        ``(C) be conducted in a private setting to foster trust and 
    openness in discussing sensitive health concerns;
        ``(D) be provided in a consistent manner across the military 
    departments; and
        ``(E) include a review of the health records of the member that 
    are related to each previous deployment of the member or other 
    relevant activities of the member while serving in the armed 
    forces, as determined by the Secretary.
    ``(2) The Secretary may treat periodic health assessments and other 
person-to-person assessments that are provided to members of the armed 
forces, including examinations under section 1074f of this title, as 
meeting the requirements for mental health assessments required under 
this section if the Secretary determines that such assessments and 
person-to-person assessments meet the requirements for mental health 
assessments established by this section.
    ``(d) Cessation of Assessments.--No mental health assessment is 
required to be provided to an individual under subsection (a)(1)(C) 
after the individual's discharge or release from the armed forces.
    ``(e) Sharing of Information.--(1) The Secretary of Defense shall 
share with the Secretary of Veterans Affairs such information on 
members of the armed forces that is derived from confidential mental 
health assessments, including mental health assessments provided 
pursuant to this section and health assessments and other person-to-
person assessments provided before the date of the enactment of this 
section, as the Secretary of Defense and the Secretary of Veterans 
Affairs jointly consider appropriate to ensure continuity of mental 
health care and treatment of members of the armed forces during the 
transition from health care and treatment provided by the Department of 
Defense to health care and treatment provided by the Department of 
Veterans Affairs.
    ``(2) Any sharing of information under paragraph (1) shall occur 
pursuant to a protocol jointly established by the Secretary of Defense 
and the Secretary of Veterans Affairs for purposes of this subsection. 
Any such protocol shall be consistent with the following:
        ``(A) Applicable provisions of the Wounded Warrior Act (title 
    XVI of Public Law 110-181; 10 U.S.C. 1071 note), including section 
    1614 of such Act (122 Stat. 443; 10 U.S.C. 1071 note).
        ``(B) Section 1720F of title 38.
    ``(3) Before each mental health assessment is conducted under 
subsection (a), the Secretary of Defense shall ensure that the member 
is notified of the sharing of information with the Secretary of 
Veterans Affairs under this subsection.
    ``(f) Regulations.--(1) The Secretary of Defense, in consultation 
with the other administering Secretaries, shall prescribe regulations 
for the administration of this section.
    ``(2) Not later than 270 days after the date of the issuance of the 
regulations prescribed under paragraph (1), the Secretary shall notify 
the congressional defense committees of the implementation of the 
regulations by the military departments.''.
        (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 1074l the following new item:

``1074m. Mental health assessments for members of the armed forces 
          deployed in support of a contingency operation.''.

        (3) Regulations.--The Secretary of Defense shall prescribe an 
    interim final rule with respect to the amendment made by paragraph 
    (1), effective not later than 90 days after the date of the 
    enactment of this Act.
    (b) Conforming Repeal.--Section 708 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2376; 10 U.S.C. 1074f note) is repealed.
    SEC. 703. BEHAVIORAL HEALTH SUPPORT FOR MEMBERS OF THE RESERVE 
      COMPONENTS OF THE ARMED FORCES.
    (a) Mental Health Assessments.--Section 1074a of title 10, United 
States Code, is amended--
        (1) by redesignating subsection (h) as subsection (i);
        (2) by inserting after subsection (g) the following new 
    subsection (h):
    ``(h)(1) The Secretary of Defense may provide to any member of the 
reserve components performing inactive-duty training during scheduled 
unit training assemblies access to mental health assessments with a 
licensed mental health professional who shall be available for 
referrals during duty hours on the premises of the principal duty 
location of the member's unit.
    ``(2) Mental health services provided to a member under this 
subsection shall be at no cost to the member.''; and
        (3) in subsection (i), as redesignated by paragraph (1), by 
    striking ``medical and dental readiness'' and inserting ``medical, 
    dental, and behavioral health readiness''.
    (b) Behavioral Health Support.--
        (1) In general.--Each member of a reserve component of the 
    Armed Forces participating in annual training or individual duty 
    training shall have access, while so participating, to the 
    behavioral health support programs for members of the reserve 
    components described in paragraph (2).
        (2) Behavioral health support programs.--The behavioral health 
    support programs for members of the reserve components described in 
    this paragraph shall include one or any combination of the 
    following:
            (A) Programs providing access to licensed mental health 
        providers in armories, reserve centers, or other places for 
        scheduled unit training assemblies.
            (B) Programs providing training on suicide prevention and 
        post-suicide response.
            (C) Psychological health programs.
            (D) Such other programs as the Secretary of Defense, in 
        consultation with the Surgeon General for the National Guard of 
        the State in which the members concerned reside, the Director 
        of Psychological Health of the State in which the members 
        concerned reside, the Department of Mental Health or the 
        equivalent agency of the State in which the members concerned 
        reside, or the Director of the Psychological Health Program of 
        the National Guard Bureau, considers appropriate.
        (3) Funding.--Behavioral health support programs provided to 
    members of the reserve components under this subsection shall be 
    provided using amounts made available for operation and maintenance 
    for the reserve components.
        (4) State defined.--In this subsection, the term ``State'' has 
    the meaning given that term in section 10001 of title 10, United 
    States Code.
    SEC. 704. PROVISION OF FOOD TO CERTAIN MEMBERS AND DEPENDENTS NOT 
      RECEIVING INPATIENT CARE IN MILITARY MEDICAL TREATMENT 
      FACILITIES.
    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1078a the following new section:
``Sec. 1078b. Provision of food to certain members and dependents not 
     receiving inpatient care in military medical treatment facilities
    ``(a) In General.--(1) Under regulations prescribed by the 
Secretary of Defense, the Secretary may provide food and beverages to 
an individual described in paragraph (2) at no cost to the individual.
    ``(2) An individual described in this paragraph is the following:
        ``(A) A member of the uniformed services or dependent--
            ``(i) who is receiving outpatient medical care at a 
        military medical treatment facility; and
            ``(ii) whom the Secretary determines is unable to purchase 
        food and beverages while at such facility by virtue of 
        receiving such care.
        ``(B) A member of the uniformed services or dependent--
            ``(i) who is a family member of an infant receiving 
        inpatient medical care at a military medical treatment 
        facility;
            ``(ii) who provides care to the infant while the infant 
        receives such inpatient medical care; and
            ``(iii) whom the Secretary determines is unable to purchase 
        food and beverages while at such facility by virtue of 
        providing such care to the infant.
        ``(C) A member of the uniformed services or dependent whom the 
    Secretary determines is under similar circumstances as a member or 
    dependent described in subparagraph (A) or (B).
    ``(b) Regulations.--The Secretary shall ensure that regulations 
prescribed under this section are consistent with generally accepted 
practices in private medical treatment facilities.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1078a the following new item:

``1078b. Provision of food to certain members and dependents not 
          receiving inpatient care in military medical treatment 
          facilities.''.

    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 90 days after the date of the enactment of 
this Act.
    SEC. 705. 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) Except as provided by subparagraph (E), 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 Secretary may not provide transportation to a dependent 
under this paragraph if the Secretary determines that--
        ``(i) the dependent would otherwise receive obstetrical 
    anesthesia services at a military treatment facility; and
        ``(ii) such facility, in carrying out the required number of 
    necessary obstetric cases, would not maintain competency of its 
    obstetrical staff unless the facility provides such services to 
    such dependent.
    ``(F) The authority under this paragraph shall expire on September 
30, 2016.''.
    SEC. 706. 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. 707. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED 
      WARRIOR ACT.
    Section 1631 of the Wounded Warrior Act (title XVI of Public Law 
110-181; 10 U.S.C. 1071 note) is amended by adding at the end the 
following:
    ``(c) Rehabilitative Equipment for Members of the Armed Forces.--
        ``(1) In general.--Subject to the availability of 
    appropriations for such purpose, the Secretary of Defense may 
    provide an active duty member of the Armed Forces with a severe 
    injury or illness with rehabilitative equipment, including 
    recreational sports equipment that provide an adaption or 
    accommodation for the member, regardless of whether such equipment 
    is intentionally designed to be adaptive equipment.
        ``(2) Consultation.--In carrying out this subsection, the 
    Secretary of Defense shall consult with the Secretary of Veterans 
    Affairs regarding similar programs carried out by the Secretary of 
    Veterans Affairs.''.
    SEC. 708. 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 (Public Law 104-201; 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, 2012, 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, 2012.''.

                 Subtitle B--Health Care Administration

    SEC. 711. 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 
supervisor determines that it is necessary to refer a member of the 
armed forces for a mental health evaluation--
        ``(1) the health evaluation shall only be conducted in the most 
    appropriate clinical setting, 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.--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 shall also include a communication 
to any appropriate authority in the chain of command of the member.
    ``(e) Definitions.--In this section:
        ``(1) 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.
        ``(2) 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.
        ``(3) 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.
    SEC. 712. 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.''.
    SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN HEALTH 
      CARE PROFESSIONALS.
    (a) Expansion.--Section 1094(d) of title 10, United States Code, is 
amended--
        (1) in paragraph (1)--
            (A) by inserting ``at any location'' before ``in any 
        State''; and
            (B) by striking ``regardless'' and all that follows through 
        the period at the end and inserting ``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.''; and
        (2) in paragraph (2), by striking ``member of the armed 
    forces'' and inserting ``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 this purpose''.
    (b) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out the amendments made by this section.
    SEC. 714. 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 any assessment of the 
    quality of medical care carried out by a health care professional, 
    including any such assessment of professional performance, any 
    patient safety program root cause analysis or report, or any 
    similar activity described in regulations prescribed by the 
    Secretary under subsection (i).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2012.
    SEC. 715. 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. For the purpose of 
determining whether network providers under such provider network 
agreements are subcontractors for purposes of the Federal Acquisition 
Regulation or any other law, a TRICARE managed care support contract 
that includes the requirement to establish, manage, or maintain a 
network of providers may not be considered to be a contract for the 
performance of health care services or supplies on the basis of such 
requirement.''.
    SEC. 716. REVIEW OF THE ADMINISTRATION OF THE MILITARY HEALTH 
      SYSTEM.
    (a) Prohibition on Restructure or Reorganization.--
        (1) In general.--The Secretary of Defense may not restructure 
    or reorganize the military health system until a 120-day period has 
    elapsed following the date on which the report under subsection 
    (b)(3) is submitted by the Comptroller General of the United States 
    to the congressional defense committees.
        (2) Report.--The Secretary shall submit to the congressional 
    defense committees a report that includes the following:
            (A) A description of each of the options developed and 
        considered by the task force established by the Deputy 
        Secretary of Defense to review the governance model options for 
        the military health system (in this section referred to as the 
        ``task force'').
            (B) The goals to be achieved by restructure or 
        reorganization and the principles upon which they are based.
            (C) A description of how each option would affect 
        readiness, quality of care, and beneficiary satisfaction.
            (D) An explanation of the costs of each option so 
        considered.
            (E) An analysis of the strengths and weaknesses of each 
        option.
            (F) An estimate of the cost savings, if any, to be achieved 
        by each option compared to the military health system in place 
        on the date of the enactment of this Act.
    (b) Comptroller General Review.--
        (1) Review required.--The Comptroller General of the United 
    States shall carry out a review of the options described under 
    subsection (a)(2)(A) and the recommendations made by the task 
    force.
        (2) Elements.--The review under paragraph (1) shall include the 
    following:
            (A) An analysis of the strengths and weaknesses of each 
        option.
            (B) A comparison of each option to each of the governance 
        models for the military health system adopted as of October 1, 
        1991.
            (C) An estimate of the costs to implement each option.
            (D) An estimate of the cost savings, if any, to be achieved 
        by each option compared to the military health system in place 
        on the date of the enactment of this Act.
        (3) Report.--Not later than 180 days after the date on which 
    the Secretary submits the report under subsection (a)(2), the 
    Comptroller General shall submit to the congressional defense 
    committees a report on the review.
    SEC. 717. LIMITATION ON AVAILABILITY OF FUNDS FOR THE FUTURE 
      ELECTRONIC HEALTH RECORDS PROGRAM.
    (a) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2012 for the 
procurement, research, development, test, and evaluation, or operation 
and maintenance of the future electronic health records program, not 
more than 10 percent may be obligated or expended until the date that 
is 30 days after the date on which the Secretary of Defense submits to 
the congressional defense committees a report addressing--
        (1) an architecture to guide the transition of the electronic 
    health records of the Department of Defense to a future state that 
    is cost-effective and interoperable;
        (2) the process for selecting investments in information 
    technology that support the architecture described in paragraph 
    (1);
        (3) the report required by section 715 of the Ike Skelton 
    National Defense Authorization Act for Fiscal Year 2011 (Public Law 
    111-383; 124 Stat. 4249);
        (4) the role of the Interagency Program Office to manage or 
    oversee efforts with respect to the future electronic health 
    records program; and
        (5) any other matters the Secretary considers appropriate.
    (b) Future Electronic Health Records Program Defined.--In this 
section, the term ``future electronic health records program'' means 
the programs of the Department of Defense referred to as the ``EHR way 
ahead'' and the ``virtual lifetime electronic record''.

                 Subtitle C--Reports and Other Matters

    SEC. 721. 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) is amended 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. 722. TREATMENT OF WOUNDED WARRIORS.
    The Secretary of Defense may establish a program to enter into 
partnerships to enable coordinated, rapid clinical evaluation and the 
application of evidence-based treatment strategies for wounded service 
members, with an emphasis on the most common musculoskeletal injuries, 
that will address the priorities of the Armed Forces with respect to 
retention and readiness.
    SEC. 723. REPORT ON RESEARCH AND TREATMENT OF POST-TRAUMATIC STRESS 
      DISORDER.
    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 assessing the benefits of neuroimaging research in 
an effort to identify, and improve the diagnosis of, post-traumatic 
stress disorder.
    SEC. 724. REPORT ON MEMORANDUM REGARDING TRAUMATIC BRAIN INJURIES.
    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 on--
        (1) the implementation of the policy of the Department of 
    Defense related to the management of concussion and mild traumatic 
    brain injury in the deployed setting;
        (2) the effectiveness of such policy with respect to 
    identifying and treating blast-related concussive injuries; and
        (3) the effect of such policy on operational effectiveness in 
    theater.
    SEC. 725. COMPTROLLER GENERAL REPORT ON WOMEN-SPECIFIC HEALTH 
      SERVICES AND TREATMENT FOR FEMALE MEMBERS OF THE ARMED FORCES.
    (a) In General.--The Comptroller General of the United States shall 
carry out a review of women-specific health services and treatment for 
female members of the Armed Forces.
    (b) Elements.--The review required by subsection (a) shall address, 
at a minimum, the following:
        (1) The need for women-specific health outreach, prevention, 
    and treatment services for female members of the Armed Forces.
        (2) The access to and efficacy of existing women-specific 
    mental health outreach, prevention, and treatment services and 
    programs (including substance abuse programs).
        (3) The availability of women-specific services and treatment 
    for female members of the Armed Forces who experience sexual 
    assault or sexual abuse.
        (4) The access to and need for military medical treatment 
    facilities to provide for the women-specific health care needs of 
    female members of the Armed Forces.
        (5) The access to and efficacy of women-specific breast cancer 
    services and programs with respect to outreach, prevention, and 
    treatment.
        (6) The need for further clinical research on the women-
    specific health care needs of female members of the Armed Forces 
    who served in a combat zone.
        (7) An assessment of the policies, procedures, and programs of 
    the Department of Defense that include specific force health 
    protection and access to care for female members of the Armed 
    Forces as an element of readiness.
    (c) Report.--Not later than December 31, 2012, the Comptroller 
General shall submit to the congressional defense committees a report 
on the review required by subsection (a).
    SEC. 726. COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH CARE 
      STAFFING FOR MILITARY MEDICAL TREATMENT FACILITIES.
    (a) Report.--Not later than March 31, 2012, the Comptroller General 
of the United States shall submit to the Committee on Armed Services of 
the House of Representatives and the Committee on Armed Services of the 
Senate a report on the contracting activities of the military 
departments with respect to providing health care professional services 
to members of the Armed Forces, dependents, and retirees.
    (b) Matters Included.--The report under subsection (a) shall 
include the following:
        (1) A review of the contracting practices used by the military 
    departments to provide health care professional services by 
    civilian providers.
        (2) An assessment of whether the contracting practices 
    described in paragraph (1) are the most cost effective means to 
    provide necessary care.
        (3) A determination of--
            (A) the percentage of contract health care professionals 
        who provide services to members of the Armed Forces, 
        dependents, or retirees in military medical treatment 
        facilities or other on-base facilities; and
            (B) the percentage of contract health care professionals 
        who provide services to members of the Armed Forces, 
        dependents, or retirees in off-base private facilities.
        (4) A comparison of the cost associated with the provision of 
    care by contract health care professionals described in 
    subparagraphs (A) and (B) of paragraph (3).
        (5) An assessment of whether or not consolidating health care 
    staffing requirements for military medical treatment facilities and 
    other on-base clinics in defined geographic areas (including 
    regions or catchment areas) would achieve economies of scale and 
    cost savings or avoidance with respect to contracting for health 
    care professionals.
        (6) An assessment of whether private sector entities that 
    provide health care professional staff on a contract basis to 
    military medical treatment facilities and other on-base clinics 
    meet certain basic standards of professionalism, including those 
    described in section 732(c)(2)(A) of the National Defense 
    Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 
    Stat. 2297).
        (7) An assessment of the acquisition training and experience of 
    the contracting officers or other personnel within military medical 
    treatment facilities that award or administer contracts regarding 
    the services of health care professionals.
        (8) Any recommendations the Comptroller General considers 
    appropriate regarding improving the contracting activities of the 
    military departments with respect to providing health care 
    professional services.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Requirements relating to core depot-level maintenance and 
          repair capabilities for Milestone A and Milestone B and 
          elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support 
          contractors.
Sec. 803. Extension of applicability of the senior executive benchmark 
          compensation amount for purposes of allowable cost limitations 
          under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition 
          Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past 
          performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board 
          Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for 
          contract services.
Sec. 809. Annual report on single-award task and delivery order 
          contracts.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Calculation of time period relating to report on critical 
          changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition 
          Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and 
          delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase 
          right-hand drive passenger sedan vehicles and adjustment of 
          threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data 
          restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor 
          business systems.
Sec. 817. Compliance with defense procurement requirements for purposes 
          of internal controls of non-defense agencies for procurements 
          on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems 
          Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of 
          Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from 
          American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon 
          fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. 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. 832. Assessment, management, and control of operating and support 
          costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets 
          for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of 
          manufacturing risk in major defense acquisition programs.
Sec. 835. Management of developmental test and evaluation for major 
          defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon 
          systems to be procured under cooperative projects with 
          friendly foreign countries.
Sec. 837. Competition in maintenance and sustainment of subsystems of 
          major weapon systems.
Sec. 838. Oversight of and reporting requirements with respect to 
          Evolved Expendable Launch Vehicle program.
Sec. 839. Implementation of acquisition strategy for Evolved Expendable 
          Launch Vehicle.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency 
                    Operations in Iraq or Afghanistan

Sec. 841. Prohibition on contracting with the enemy in the United States 
          Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in 
          the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring 
          Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services 
          in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition 
          and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent 
          operational needs.

               Subtitle E--Defense Industrial Base Matters

Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial 
          base.
Sec. 853. Assessment of feasability and advisability of establishment of 
          rare earth material inventory.
Sec. 854. Department of Defense assessment of industrial base for night 
          vision image intensification sensors.
Sec. 855. Technical amendment relating to responsibilities of Deputy 
          Assistant Secretary of Defense for Manufacturing and 
          Industrial Base Policy.

                        Subtitle F--Other Matters

Sec. 861. Clarification of jurisdiction of the United States district 
          courts to hear bid protest disputes involving maritime 
          contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering, 
          and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the 
          Department of Defense for multiyear contracts for the purchase 
          of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 865. 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. 866. Three-year extension of test program for negotiation of 
          comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege 
          Program.

             Subtitle A--Acquisition Policy and Management

    SEC. 801. REQUIREMENTS RELATING TO CORE DEPOT-LEVEL MAINTENANCE AND 
      REPAIR CAPABILITIES FOR MILESTONE A AND MILESTONE B AND 
      ELIMINATION OF REFERENCES TO KEY DECISION POINTS A AND B.
    (a) Additional Milestone a Requirements.--
        (1) Additional items of certification.--Subsection (a) of 
    section 2366a of title 10, United States Code, is amended--
            (A) in paragraph (2), by striking ``core competency'' and 
        inserting ``function'';
            (B) by redesignating paragraphs (4) and (5) as paragraphs 
        (6) and (7), respectively;
            (C) by inserting after paragraph (3) the following new 
        paragraph (4):
        ``(4) that a determination of applicability of core depot-level 
    maintenance and repair capabilities requirements has been made;''; 
    and
            (D) in paragraph (6) (as so redesignated), by striking 
        ``develop and procure'' and inserting ``develop, procure, and 
        sustain''.
        (2) Definition.--Subsection (c) of such section is amended by 
    adding at the end the following new paragraph:
        ``(7) The term `core depot-level maintenance and repair 
    capabilities'' means the core depot-level maintenance and repair 
    capabilities identified under section 2464(a) of this title.''.
    (b) Additional Milestone B Requirements.--
        (1) Additional item of certification.--Subsection (a)(3) of 
    section 2366b of title 10, United States Code, is amended--
            (A) by redesignating subparagraph (E) as subparagraph (G);
            (B) by striking ``and'' at the end of subparagraph (D); and
            (C) by inserting after subparagraph (D) the following new 
        subparagraphs:
            ``(E) life-cycle sustainment planning, including corrosion 
        prevention and mitigation planning, has identified and 
        evaluated relevant sustainment costs throughout development, 
        production, operation, sustainment, and disposal of the 
        program, and any alternatives, and that such costs are 
        reasonable and have been accurately estimated;
            ``(F) an estimate has been made of the requirements for 
        core depot-level maintenance and repair capabilities, as well 
        as the associated logistics capabilities and the associated 
        sustaining workloads required to support such requirements; 
        and''.
        (2) Definition.--Subsection (g) of such section is amended by 
    striking paragraph (5) (relating to Key Decision Point B) and 
    inserting the following new paragraph (5):
        ``(5) The term `core logistics capabilities' means the core 
    logistics capabilities identified under section 2464(a) of this 
    title.''.
    (c) Requirements Prior to Low-Rate Initial Production.--Prior to 
entering into a contract for low-rate initial production of a major 
defense acquisition program, the Secretary of Defense shall ensure that 
the detailed requirements for core depot-level maintenance and repair 
capabilities, as well as the associated logistics capabilities and the 
associated sustaining workloads required to support such requirements, 
have been defined.
    (d) Guidance.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue guidance 
implementing the amendments made by subsections (a) and (b), and 
subsection (c), in a manner that is consistent across the Department of 
Defense.
    (e) Elimination of References to Key Decision Points A and B.--
        (1) Amendments to section 2366a.--Section 2366a of title 10, 
    United States Code, is amended--
            (A) in the section heading, by striking ``or Key Decision 
        Point'';
            (B) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``, or Key Decision Point A approval in the 
        case of a space program,'' and by striking ``, or Key Decision 
        Point B approval in the case of a space program,''; and
            (C) in subsection (b)--
                (i) in paragraph (1), by striking ``(or Key Decision 
            Point A approval in the case of a space program)''; and
                (ii) in paragraph (2)(C)(ii), by striking ``, or Key 
            Decision Point A approval in the case of a space 
            program,''.
        (2) Amendments to section 2366b.--Section 2366b of such title 
    is amended--
            (A) in the section heading, by striking ``or Key Decision 
        Point B'';
            (B) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``, or Key Decision Point B approval in the 
        case of a space program,''; and
            (C) in subsections (b)(2) and (d)(1), by striking ``(or Key 
        Decision Point B approval in the case of a space program)'' 
        each place it appears.
        (3) Amendments to table of sections.--The items relating to 
    sections 2366a and 2366b in the table of sections at the beginning 
    of chapter 139 of such title are amended to read as follows:

``2366a. Major defense acquisition programs: certification required 
          before Milestone A approval.
``2366b. Major defense acquisition programs: certification required 
          before Milestone B approval.''.

        (4) Additional conforming amendments.--Section 2433a(c)(1) of 
    such title is amended by striking ``, or Key Decision Point 
    approval in the case of a space program,'' each place it appears in 
    subparagraphs (B) and (C).
    SEC. 802. REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION 
      SUPPORT CONTRACTORS.
    (a) In General.--
        (1) Revised authority to cover disclosures under litigation 
    support contracts.--Chapter 3 of title 10, United States Code, is 
    amended by inserting after section 129c the following new section:
``Sec. 129d. Disclosure to litigation support contractors
    ``(a) Disclosure Authority.--An officer or employee of the 
Department of Defense may disclose sensitive information to a 
litigation support contractor if--
        ``(1) the disclosure is for the sole purpose of providing 
    litigation support to the Government in the form of administrative, 
    technical, or professional services during or in anticipation of 
    litigation; and
        ``(2) under a contract with the Government, the litigation 
    support contractor agrees to and acknowledges--
            ``(A) that sensitive information furnished will be accessed 
        and used only for the purposes stated in the relevant contract;
            ``(B) that the contractor will take all precautions 
        necessary to prevent disclosure of the sensitive information 
        provided to the contractor;
            ``(C) that such sensitive information provided to the 
        contractor under the authority of this section shall not be 
        used by the contractor to compete against a third party for 
        Government or non-Government contracts; and
            ``(D) that the violation of subparagraph (A), (B), or (C) 
        is a basis for the Government to terminate the litigation 
        support contract of the contractor.
    ``(b) Definitions.--In this section:
        ``(1) The term `litigation support contractor' means a 
    contractor (including an expert or technical consultant) under 
    contract with the Department of Defense to provide litigation 
    support.
        ``(2) The term `sensitive information' means confidential 
    commercial, financial, or proprietary information, technical data, 
    or other privileged information.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of such chapter is amended by inserting after the item relating to 
    section 129c the following new item:

``129d. Disclosure to litigation support contractors.''.

    (b) Repeal of Superseded Provisions Enacted in Public Law 111-
383.--Section 2320 of such title is amended--
        (1) in subsection (c)(2)--
            (A) by striking ``subsection (a)'' and all that follows 
        through ``a covered Government'' and inserting ``subsection 
        (a), allowing a covered Government''; and
            (B) by striking subparagraph (B); and
        (2) by striking subsection (g).
    SEC. 803. EXTENSION OF APPLICABILITY OF THE SENIOR EXECUTIVE 
      BENCHMARK COMPENSATION AMOUNT FOR PURPOSES OF ALLOWABLE COST 
      LIMITATIONS UNDER DEFENSE CONTRACTS.
    (a) Certain Compensation Not Allowable Under Defense Contracts.--
Subsection (e)(1)(P) of section 2324 of title 10, United States Code, 
is amended--
        (1) by striking ``senior executives of contractors'' and 
    inserting ``any contractor employee''; and
        (2) by adding before the period at the end the following: ``, 
    except that the Secretary of Defense may establish one or more 
    narrowly targeted exceptions for scientists and engineers upon a 
    determination that such exceptions are needed to ensure that the 
    Department of Defense has continued access to needed skills and 
    capabilities''.
    (b) Conforming Amendment.--Subsection (l) of such section is 
amended by striking paragraph (5).
    (c) Effective Date.--The amendments made by this section--
        (1) shall be implemented in the Federal Acquisition Regulation 
    within 180 days after the date of the enactment of this Act; and
        (2) shall apply with respect to costs of compensation incurred 
    after January 1, 2012, under contracts entered into before, on, or 
    after the date of the enactment of this Act.
    SEC. 804. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE 
      ACQUISITION WORKFORCE DEVELOPMENT FUND.
    (a) Availability.--Paragraph (6) of section 1705(e) of title 10, 
United States Code, is amended to read as follows:
        ``(6) Duration of availability.--Amounts credited to the Fund 
    in accordance with subsection (d)(2), transferred to the Fund 
    pursuant to subsection (d)(3), appropriated to the Fund, or 
    deposited to the Fund shall remain available for obligation in the 
    fiscal year for which credited, transferred, appropriated, or 
    deposited and the two succeeding fiscal years.''.
    (b) Effective Date.--Paragraph (6) of such section, as amended by 
subsection (a), shall not apply to funds directly appropriated to the 
Fund before the date of the enactment of this Act.
    SEC. 805. DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT.
    (a) Defense Contract Audit Agency Annual Report.--Chapter 137 of 
title 10, United States Code, is amended by inserting after section 
2313 the following new section:
``Sec. 2313a. Defense Contract Audit Agency: annual report
    ``(a) Required Report.--The Director of the Defense Contract Audit 
Agency shall prepare an annual report of the activities of the Agency 
during the previous fiscal year. The report shall include, at a 
minimum--
        ``(1) a description of significant problems, abuses, and 
    deficiencies encountered during the conduct of contractor audits;
        ``(2) statistical tables showing--
            ``(A) the total number of audit reports completed and 
        pending;
            ``(B) the priority given to each type of audit;
            ``(C) the length of time taken for each type of audit;
            ``(D) the total dollar value of questioned costs (including 
        a separate category for the dollar value of unsupported costs); 
        and
            ``(E) an assessment of the number and types of audits 
        pending for a period longer than allowed pursuant to guidance 
        of the Defense Contract Audit Agency;
        ``(3) a summary of any recommendations of actions or resources 
    needed to improve the audit process; and
        ``(4) any other matters the Director considers appropriate.
    ``(b) Submission of Annual Report.--Not later than March 30 of each 
year, the Director shall submit to the congressional defense committees 
the report required by subsection (a).
    ``(c) Public Availability.--Not later than 60 days after the 
submission of an annual report to the congressional defense committees 
under subsection (b), the Director shall make the report available on 
the publicly available website of the Agency or such other publicly 
available website as the Director considers appropriate.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
2313 the following new item:

``2313a. Defense Contract Audit Agency: annual report.''.
    SEC. 806. 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 affected contractors are provided, in a timely manner, 
    information on contractor performance to be included in past 
    performance databases in accordance with subsection (a).
        (2) That such contractors are afforded up to 14 calendar days, 
    from the date of delivery of the information provided in accordance 
    with paragraph (1), to submit comments, rebuttals, or additional 
    information pertaining to past performance for inclusion in such 
    databases.
        (3) That agency evaluations of contractor past performance, 
    including any information submitted under paragraph (2), are 
    included in the relevant past performance database not later than 
    the date that is 14 days after the date of delivery of the 
    information provided in accordance with paragraph (1).
    (d) Construction.--Nothing in this section shall be construed to 
prohibit a contractor from submitting comments, rebuttals, or 
additional information pertaining to past performance after the period 
described in paragraph (2) has elapsed or to prohibit a contractor from 
challenging a past performance evaluation in accordance with applicable 
laws, regulations, or procedures.
    (e) 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. 807. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE SCIENCE 
      BOARD TASK FORCE ON IMPROVEMENTS TO 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) Meaningful incentives to services contractors for high 
    performance at low cost, consistent with the objectives of the 
    Better Buying Power Initiative established by the Under Secretary.
        (2) Improved means of communication between the Government and 
    the services contracting industry in the process of developing 
    requirements for services contracts.
        (3) Clear guidance for defense acquisition personnel on the use 
    of appropriate contract types for particular categories of services 
    contracts.
        (4) Formal certification and training requirements for services 
    acquisition personnel, consistent with the requirements of sections 
    1723 and 1724 of title 10, United States Code.
        (5) 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.
        (6) 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.
        (7) 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.
        (8) 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. 808. 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 of 
Defense 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. 809. 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; and
        (4) in subparagraph (B), as redesignated by paragraph (3), by 
    redesignating subclauses (I) and (II) as clauses (i) and (ii), 
    respectively.

Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

    SEC. 811. CALCULATION OF TIME PERIOD RELATING TO REPORT ON CRITICAL 
      CHANGES IN MAJOR AUTOMATED INFORMATION SYSTEMS.
    Section 2445c(d)(2)(A) of title 10, United States Code, is amended 
to read as follows:
            ``(A) the automated information system or information 
        technology investment failed to achieve a full deployment 
        decision within five years after the Milestone A decision for 
        the program or, if there was no Milestone A decision, the date 
        when the preferred alternative is selected for the program 
        (excluding any time during which program activity is delayed as 
        a result of a bid protest);''.
    SEC. 812. CHANGE IN DEADLINE FOR SUBMISSION OF SELECTED ACQUISITION 
      REPORTS FROM 60 TO 45 DAYS.
    Section 2432(f) of title 10, United States Code, is amended by 
striking ``60'' and inserting ``45''.
    SEC. 813. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK AND 
      DELIVERY ORDER CONTRACTS.
     Paragraph (3) of section 4106(f) of title 41, United States Code, 
is amended to read as follows:
        ``(3) Effective period.--Paragraph (1)(B) and paragraph (2) of 
    this subsection shall not be in effect after September 30, 2016.''.
    SEC. 814. 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 ``vehicles'' and inserting 
``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. 815. RIGHTS IN TECHNICAL DATA AND VALIDATION OF PROPRIETARY 
      DATA RESTRICTIONS.
    (a) Rights in Technical Data.--Section 2320 of title 10, United 
States Code, is amended--
        (1) in subsection (a)--
            (A) in paragraph (2)(D)(i)--
                (i) in subclause (I), by striking ``or'' at the end;
                (ii) by redesignating subclause (II) as subclause 
            (III); and
                (iii) by inserting after subclause (I) the following 
            new subclause (II):
                ``(II) is necessary for the segregation of an item or 
            process from, or the reintegration of that item or process 
            (or a physically or functionally equivalent item or 
            process) with, other items or processes; or'';
            (B) in paragraph (2)(E), by striking ``and shall be based'' 
        and all that follows through ``such rights shall'' and 
        inserting ``. The United States shall have government purpose 
        rights in such technical data, except in any case in which the 
        Secretary of Defense determines, on the basis of criteria 
        established in such regulations, that negotiation of different 
        rights in such technical data would be in the best interest of 
        the United States. The establishment of any such negotiated 
        rights shall''; and
            (C) in paragraph (3), by striking ``for the purposes of 
        paragraph (2)(B), but shall be considered to be Federal funds 
        for the purposes of paragraph (2)(A)'' and inserting ``for the 
        purposes of the definitions under this paragraph''; and
        (2) in subsection (b)--
            (A) in paragraph (7), by striking ``and'' at the end;
            (B) in paragraph (8), by striking the period and inserting 
        a semicolon; and
            (C) by adding at the end the following new paragraphs:
        ``(9) providing that, in addition to technical data that is 
    already subject to a contract delivery requirement, the United 
    States may require at any time the delivery of technical data that 
    has been generated or utilized in the performance of a contract, 
    and compensate the contractor only for reasonable costs incurred 
    for having converted and delivered the data in the required form, 
    upon a determination that--
            ``(A) the technical data is needed for the purpose of 
        reprocurement, sustainment, modification, or upgrade (including 
        through competitive means) of a major system or subsystem 
        thereof, a weapon system or subsystem thereof, or any 
        noncommercial item or process; and
            ``(B) the technical data--
                ``(i) pertains to an item or process developed in whole 
            or in part with Federal funds; or
                ``(ii) is necessary for the segregation of an item or 
            process from, or the reintegration of that item or process 
            (or a physically or functionally equivalent item or 
            process) with, other items or processes; and
        ``(10) providing that the United States is not foreclosed from 
    requiring the delivery of the technical data by a failure to 
    challenge, in accordance with the requirements of section 2321(d) 
    of this title, the contractor's assertion of a use or release 
    restriction on the technical data.''.
    (b) Validation of Proprietary Data Restrictions.--Section 
2321(d)(2) of such title is amended--
        (1) in subparagraph (A)--
            (A) in the matter preceding clause (i), by striking 
        ``Except as provided in subparagraph (C)'' and all that follows 
        through ``three-year period'' and inserting ``A challenge to a 
        use or release restriction asserted by the contractor in 
        accordance with applicable regulations may not be made under 
        paragraph (1) after the end of the six-year period'';
            (B) in clause (ii), by striking ``or'' at the end;
            (C) in clause (iii) by striking the period and inserting 
        ``; or''; and
            (D) by adding at the end the following new clause:
            ``(iv) are the subject of a fraudulently asserted use or 
        release restriction.'';
        (2) in subparagraph (B), by striking ``three-year period'' each 
    place it appears and inserting ``six-year period''; and
        (3) by striking subparagraph (C).
    (c) Effective Date.--
        (1) In general.--Except as provided in paragraph (2), the 
    amendments made by this section shall take effect on the date of 
    the enactment of this Act.
        (2) Exception.--The amendment made by subsection (a)(1)(C) 
    shall take effect on January 7, 2011, immediately after the 
    enactment of the Ike Skelton National Defense Authorization Act for 
    Fiscal Year 2011 (Public Law 111-383), to which such amendment 
    relates.
    SEC. 816. 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. 817. 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. 818. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
    (a) Assessment of Department of Defense Policies and Systems.--The 
Secretary of Defense shall conduct an assessment of Department of 
Defense acquisition policies and systems for the detection and 
avoidance of counterfeit electronic parts.
    (b) Actions Following Assessment.--Not later than 180 days after 
the date of the enactment of the Act, the Secretary shall, based on the 
results of the assessment required by subsection (a)--
        (1) establish Department-wide definitions of the terms 
    ``counterfeit electronic part'' and ``suspect counterfeit 
    electronic part'', which definitions shall include previously used 
    parts represented as new;
        (2) issue or revise guidance applicable to Department 
    components engaged in the purchase of electronic parts to implement 
    a risk-based approach to minimize the impact of counterfeit 
    electronic parts or suspect counterfeit electronic parts on the 
    Department, which guidance shall address requirements for training 
    personnel, making sourcing decisions, ensuring traceability of 
    parts, inspecting and testing parts, reporting and quarantining 
    counterfeit electronic parts and suspect counterfeit electronic 
    parts, and taking corrective actions (including actions to recover 
    costs as described in subsection (c)(2));
        (3) issue or revise guidance applicable to the Department on 
    remedial actions to be taken in the case of a supplier who has 
    repeatedly failed to detect and avoid 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;
        (4) establish processes for ensuring that Department personnel 
    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 contains counterfeit electronic parts or suspect 
    counterfeit electronic parts provide a report in writing within 60 
    days to appropriate Government authorities and to the Government-
    Industry Data Exchange Program (or a similar program designated by 
    the Secretary); and
        (5) establish a process for analyzing, assessing, and acting on 
    reports of counterfeit electronic parts and suspect counterfeit 
    electronic parts that are submitted in accordance with the 
    processes under paragraph (4).
    (c) Regulations.--
        (1) In general.--Not later than 270 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 address 
    the detection and avoidance of counterfeit electronic parts.
        (2) Contractor responsibilities.--The revised regulations 
    issued pursuant to paragraph (1) shall provide that--
            (A) covered contractors who supply electronic parts or 
        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 
        Department contracts.
        (3) Trusted suppliers.--The revised regulations issued pursuant 
    to paragraph (1) shall--
            (A) require that, whenever possible, the Department and 
        Department contractors and subcontractors at all tiers--
                (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, and inspection, testing, and authentication of 
        electronic parts that the Department or a Department 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 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 contractors and subcontractors to 
        identify and use additional trusted suppliers, provided that--
                (i) the standards and processes for identifying such 
            trusted suppliers comply with established industry 
            standards;
                (ii) the contractor or subcontractor assumes 
            responsibility for the authenticity of parts provided by 
            such suppliers as provided in paragraph (2); and
                (iii) the selection of such trusted suppliers is 
            subject to review and audit by appropriate Department 
            officials.
        (4) Reporting requirement.--The revised regulations issued 
    pursuant to paragraph (1) shall require that any Department 
    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, or purchased by a 
    contractor or subcontractor for delivery to, or on behalf of, the 
    Department, contains counterfeit electronic parts or suspect 
    counterfeit electronic parts report in writing within 60 days to 
    appropriate Government authorities and the Government-Industry Data 
    Exchange Program (or a similar program designated by the 
    Secretary).
        (5) Construction of compliance with reporting requirement.--A 
    Department contractor or subcontractor that provides a written 
    report required under this subsection shall not be subject to civil 
    liability on the basis of such reporting, provided the contractor 
    or subcontractor made a reasonable effort to determine that the end 
    item, component, part, or material concerned contained counterfeit 
    electronic parts or suspect counterfeit electronic parts.
    (d) Inspection Program.--The Secretary of Homeland Security shall 
establish and implement 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.
    (e) Improvement of Contractor Systems for Detection and Avoidance 
of 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 to enhance contractor detection and avoidance of 
    counterfeit electronic parts.
        (2) Elements.--The program implemented pursuant to paragraph 
    (1) shall--
            (A) require covered contractors that supply electronic 
        parts or systems that contain electronic parts to establish 
        policies and procedures to eliminate counterfeit electronic 
        parts from the defense supply chain, which policies and 
        procedures shall address--
                (i) the training of personnel;
                (ii) the inspection and testing of electronic parts;
                (iii) processes to abolish counterfeit parts 
            proliferation;
                (iv) mechanisms to enable traceability of parts;
                (v) use of trusted suppliers;
                (vi) the reporting and quarantining of counterfeit 
            electronic parts and suspect counterfeit electronic parts;
                (vii) methodologies to identify suspect counterfeit 
            parts and to rapidly determine if a suspect counterfeit 
            part is, in fact, counterfeit;
                (viii) the design, operation, and maintenance of 
            systems to detect and avoid counterfeit electronic parts 
            and suspect counterfeit electronic parts; and
                (ix) the flow down of counterfeit avoidance and 
            detection requirements to subcontractors; and
            (B) establish processes for the review and approval of 
        contractor systems for the detection and avoidance of 
        counterfeit electronic parts and suspect counterfeit electronic 
        parts, which processes shall be 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).
    (f) Definitions.--In subsections (a) through (e) of this section:
        (1) The term ``covered contractor'' has the meaning given that 
    term in section 893(f)(2) of the Ike Skelton National Defense 
    Authorization Act for Fiscal Year 2011.
        (2) The term ``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.
    (g) Information Sharing.--
        (1) In general.--If United States Customs and Border Protection 
    suspects a product of being imported in violation of section 42 of 
    the Lanham Act, and subject to any applicable bonding requirements, 
    the Secretary of the Treasury may 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.
        (2) Sunset.--This subsection shall expire on the date of the 
    enactment of the Customs Facilitation and Trade Enforcement 
    Reauthorization Act of 2012.
        (3) Lanham act defined.--In this subsection, the term ``Lanham 
    Act'' means the Act entitled ``An Act to provide for the 
    registration and protection of trademarks used in commerce, to 
    carry out the provisions of certain international conventions, and 
    for other purposes'', approved July 5, 1946 (commonly referred to 
    as the ``Trademark Act of 1946'' or the ``Lanham Act'').
    (h) Trafficking in Inherently Dangerous Goods or Services.--Section 
2320 of title 18, United States Code, is amended to read as follows:
``Sec. 2320. Trafficking in counterfeit goods or services
    ``(a) Offenses.--Whoever intentionally--
        ``(1) traffics in goods or services and knowingly uses a 
    counterfeit mark on or in connection with such goods or services,
        ``(2) traffics in labels, patches, stickers, wrappers, badges, 
    emblems, medallions, charms, boxes, containers, cans, cases, 
    hangtags, documentation, or packaging of any type or nature, 
    knowing that a counterfeit mark has been applied thereto, the use 
    of which is likely to cause confusion, to cause mistake, or to 
    deceive, or
        ``(3) traffics in goods or services knowing that such good or 
    service is a counterfeit military good or service the use, 
    malfunction, or failure of which is likely to cause serious bodily 
    injury or death, the disclosure of classified information, 
    impairment of combat operations, or other significant harm to a 
    combat operation, a member of the Armed Forces, or to national 
    security,
or attempts or conspires to violate any of paragraphs (1) through (3) 
shall be punished as provided in subsection (b).
    ``(b) Penalties.--
        ``(1) In general.--Whoever commits an offense under subsection 
    (a)--
            ``(A) if an individual, shall be fined not more than 
        $2,000,000 or imprisoned not more than 10 years, or both, and, 
        if a person other than an individual, shall be fined not more 
        than $5,000,000; and
            ``(B) for a second or subsequent offense under subsection 
        (a), if an individual, shall be fined not more than $5,000,000 
        or imprisoned not more than 20 years, or both, and if other 
        than an individual, shall be fined not more than $15,000,000.
        ``(2) Serious bodily injury or death.--
            ``(A) Serious bodily injury.--Whoever knowingly or 
        recklessly causes or attempts to cause serious bodily injury 
        from conduct in violation of subsection (a), if an individual, 
        shall be fined not more than $5,000,000 or imprisoned for not 
        more than 20 years, or both, and if other than an individual, 
        shall be fined not more than $15,000,000.
            ``(B) Death.--Whoever knowingly or recklessly causes or 
        attempts to cause death from conduct in violation of subsection 
        (a), if an individual, shall be fined not more than $5,000,000 
        or imprisoned for any term of years or for life, or both, and 
        if other than an individual, shall be fined not more than 
        $15,000,000.
        ``(3) Counterfeit military goods or services.--Whoever commits 
    an offense under subsection (a) involving a counterfeit military 
    good or service--
            ``(A) if an individual, shall be fined not more than 
        $5,000,000, imprisoned not more than 20 years, or both, and if 
        other than an individual, be fined not more than $15,000,000; 
        and
            ``(B) for a second or subsequent offense, if an individual, 
        shall be fined not more than $15,000,000, imprisoned not more 
        than 30 years, or both, and if other than an individual, shall 
        be fined not more than $30,000,000.
    ``(c) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall 
be subject to section 2323, to the extent provided in that section, in 
addition to any other similar remedies provided by law.
    ``(d) Defenses.--All defenses, affirmative defenses, and 
limitations on remedies that would be applicable in an action under the 
Lanham Act shall be applicable in a prosecution under this section. In 
a prosecution under this section, the defendant shall have the burden 
of proof, by a preponderance of the evidence, of any such affirmative 
defense.
    ``(e) Presentence Report.--(1) During preparation of the 
presentence report pursuant to Rule 32(c) of the Federal Rules of 
Criminal Procedure, victims of the offense shall be permitted to 
submit, and the probation officer shall receive, a victim impact 
statement that identifies the victim of the offense and the extent and 
scope of the injury and loss suffered by the victim, including the 
estimated economic impact of the offense on that victim.
    ``(2) Persons permitted to submit victim impact statements shall 
include--
        ``(A) producers and sellers of legitimate goods or services 
    affected by conduct involved in the offense;
        ``(B) holders of intellectual property rights in such goods or 
    services; and
        ``(C) the legal representatives of such producers, sellers, and 
    holders.
    ``(f) Definitions.--For the purposes of this section--
        ``(1) the term `counterfeit mark' means--
            ``(A) a spurious mark--
                ``(i) that is used in connection with trafficking in 
            any goods, services, labels, patches, stickers, wrappers, 
            badges, emblems, medallions, charms, boxes, containers, 
            cans, cases, hangtags, documentation, or packaging of any 
            type or nature;
                ``(ii) that is identical with, or substantially 
            indistinguishable from, a mark registered on the principal 
            register in the United States Patent and Trademark Office 
            and in use, whether or not the defendant knew such mark was 
            so registered;
                ``(iii) that is applied to or used in connection with 
            the goods or services for which the mark is registered with 
            the United States Patent and Trademark Office, or is 
            applied to or consists of a label, patch, sticker, wrapper, 
            badge, emblem, medallion, charm, box, container, can, case, 
            hangtag, documentation, or packaging of any type or nature 
            that is designed, marketed, or otherwise intended to be 
            used on or in connection with the goods or services for 
            which the mark is registered in the United States Patent 
            and Trademark Office; and
                ``(iv) the use of which is likely to cause confusion, 
            to cause mistake, or to deceive; or
            ``(B) a spurious designation that is identical with, or 
        substantially indistinguishable from, a designation as to which 
        the remedies of the Lanham Act are made available by reason of 
        section 220506 of title 36;
    but such term does not include any mark or designation used in 
    connection with goods or services, or a mark or designation applied 
    to labels, patches, stickers, wrappers, badges, emblems, 
    medallions, charms, boxes, containers, cans, cases, hangtags, 
    documentation, or packaging of any type or nature used in 
    connection with such goods or services, of which the manufacturer 
    or producer was, at the time of the manufacture or production in 
    question, authorized to use the mark or designation for the type of 
    goods or services so manufactured or produced, by the holder of the 
    right to use such mark or designation;
        ``(2) the term `financial gain' includes the receipt, or 
    expected receipt, of anything of value;
        ``(3) the term `Lanham Act' means the Act entitled `An Act to 
    provide for the registration and protection of trademarks used in 
    commerce, to carry out the provisions of certain international 
    conventions, and for other purposes', approved July 5, 1946 (15 
    U.S.C. 1051 et seq.);
        ``(4) the term `counterfeit military good or service' means a 
    good or service that uses a counterfeit mark on or in connection 
    with such good or service and that--
            ``(A) is falsely identified or labeled as meeting military 
        specifications, or
            ``(B) is intended for use in a military or national 
        security application; and
        ``(5) the term `traffic' means to transport, transfer, or 
    otherwise dispose of, to another, for purposes of commercial 
    advantage or private financial gain, or to make, import, export, 
    obtain control of, or possess, with intent to so transport, 
    transfer, or otherwise dispose of.
    ``(g) Limitation on Cause of Action.--Nothing in this section shall 
entitle the United States to bring a criminal cause of action under 
this section for the repackaging of genuine goods or services not 
intended to deceive or confuse.
    ``(h) Report to Congress.--(1) Beginning with the first year after 
the date of enactment of this subsection, the Attorney General shall 
include in the report of the Attorney General to Congress on the 
business of the Department of Justice prepared pursuant to section 522 
of title 28, an accounting, on a district by district basis, of the 
following with respect to all actions taken by the Department of 
Justice that involve trafficking in counterfeit labels for 
phonorecords, copies of computer programs or computer program 
documentation or packaging, copies of motion pictures or other 
audiovisual works (as defined in section 2318 of this title), criminal 
infringement of copyrights (as defined in section 2319 of this title), 
unauthorized fixation of and trafficking in sound recordings and music 
videos of live musical performances (as defined in section 2319A of 
this title), or trafficking in goods or services bearing counterfeit 
marks (as defined in section 2320 of this title):
        ``(A) The number of open investigations.
        ``(B) The number of cases referred by the United States Customs 
    Service.
        ``(C) The number of cases referred by other agencies or 
    sources.
        ``(D) The number and outcome, including settlements, sentences, 
    recoveries, and penalties, of all prosecutions brought under 
    sections 2318, 2319, 2319A, and 2320 of title 18.
    ``(2)(A) The report under paragraph (1), with respect to criminal 
infringement of copyright, shall include the following:
        ``(i) The number of infringement cases in these categories: 
    audiovisual (videos and films); audio (sound recordings); literary 
    works (books and musical compositions); computer programs; video 
    games; and, others.
        ``(ii) The number of online infringement cases.
        ``(iii) The number and dollar amounts of fines assessed in 
    specific categories of dollar amounts. These categories shall be: 
    no fines ordered; fines under $500; fines from $500 to $1,000; 
    fines from $1,000 to $5,000; fines from $5,000 to $10,000; and 
    fines over $10,000.
        ``(iv) The total amount of restitution ordered in all copyright 
    infringement cases.
    ``(B) In this paragraph, the term `online infringement cases' as 
used in paragraph (2) means those cases where the infringer--
        ``(i) advertised or publicized the infringing work on the 
    Internet; or
        ``(ii) made the infringing work available on the Internet for 
    download, reproduction, performance, or distribution by other 
    persons.
    ``(C) The information required under subparagraph (A) shall be 
submitted in the report required in fiscal year 2005 and thereafter.
    ``(i) Transshipment and Exportation.--No goods or services, the 
trafficking in of which is prohibited by this section, shall be 
transshipped through or exported from the United States. Any such 
transshipment or exportation shall be deemed a violation of section 42 
of an Act to provide for the registration of trademarks used in 
commerce, to carry out the provisions of certain international 
conventions, and for other purposes, approved July 5, 1946 (commonly 
referred to as the `Trademark Act of 1946' or the `Lanham Act').''.
    SEC. 819. 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 of 
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. 820. 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''.
    SEC. 821. AMENDMENT RELATING TO BUYING TENTS, TARPAULINS, OR COVERS 
      FROM AMERICAN SOURCES.
    Section 2533a(b)(1)(C) of title 10, United States Code, is amended 
by inserting ``(and the structural components thereof)'' after 
``tents''.
    SEC. 822. REPEAL OF SUNSET OF AUTHORITY TO PROCURE FIRE RESISTANT 
      RAYON FIBER FROM FOREIGN SOURCES FOR THE PRODUCTION OF UNIFORMS.
    Subsection (f) of section 829 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C. 
2533a note) is repealed.
    SEC. 823. 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; or
        ``(2) during the course of contract performance as part of the 
    process associated with modifying a contract or exercising a 
    contract option.
    ``(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.''.

 Subtitle C--Provisions Relating to Major Defense Acquisition Programs

    SEC. 831. 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. 832. 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) be issued in conjunction with the comprehensive guidance on 
    life-cycle management and the development and implementation of 
    product support strategies for major weapon systems required by 
    section 805 of the National Defenese Authorization Act for Fiscal 
    Year 2010 (Public Law 111-84; 123 Stat. 2403; 10 U.S.C. 2301 note);
        (2) 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;
        (3) 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;
        (4) 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;
        (5) 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;
        (6) 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;
        (7) 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;
        (8) 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;
        (9) 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
        (10) 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. 833. 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'';
            (B) by striking ``; and'' and inserting a period; and
            (C) by redesignating subparagraph (B) as paragraph (2) and 
        moving such paragraph two ems to the left;
        (3) in paragraph (2), as redesignated by paragraph (2) 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'';
        (4) 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
        (5) in paragraph (5), as redesignated by paragraph (1) of this 
    section, by striking ``paragraph (3)'' and inserting ``paragraph 
    (4)''.
    SEC. 834. 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. 835. 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. 836. 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.
    SEC. 837. COMPETITION IN MAINTENANCE AND SUSTAINMENT OF SUBSYSTEMS 
      OF MAJOR WEAPON SYSTEMS.
    Section 202(d) of the Weapon Systems Acquisition Reform Act of 2009 
(Public Law 111-23; 123 Stat. 1721; 10 U.S.C. 2430 note) is amended--
        (1) in the subsection heading, by striking ``Operation and 
    Sustainment of Major Weapon Systems'' and inserting ``Maintenance 
    and Sustainment of Major Weapon Systems and Subsystems'';
        (2) by inserting ``or subsystem of a major weapon system'' 
    after ``a major weapon system''; and
        (3) by inserting ``, or for components needed for such 
    maintenance and sustainment,'' after ``such maintenance and 
    sustainment''.
    SEC. 838. 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. 839. IMPLEMENTATION OF ACQUISITION STRATEGY FOR EVOLVED 
      EXPENDABLE LAUNCH VEHICLE.
    (a) In General.--Not later than March 31, 2012, the Secretary of 
Defense shall submit to the congressional committees specified in 
subsection (c) the following information:
        (1) A description of how the strategy of the Department of 
    Defense 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 committees specified in subsection (c) an 
assessment of that information and any additional findings or 
recommendations the Comptroller General considers appropriate.
    (c) Congressional Committees.--The congressional committees 
specified in this subsection are the following:
        (1) The Committees on Armed Services of the Senate and the 
    House of Representatives.
        (2) The Committees on Appropriations of the Senate and the 
    House of Representatives.
        (3) The Select Committee on Intelligence of the Senate and the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives.

Subtitle D--Provisions Relating to Contracts in Support of Contingency 
                   Operations in Iraq or Afghanistan

    SEC. 841. 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) 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.
    (f) 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.
    (g) 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. 842. 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) 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.
    (c) 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.
    (d) 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 to this section 
    before the date specified in paragraph (1) shall remain in effect 
    in accordance with its terms.
    SEC. 843. 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. 844. COMPETITION AND REVIEW OF CONTRACTS FOR PROPERTY OR 
      SERVICES IN SUPPORT OF A CONTINGENCY OPERATION.
    (a) Contracting Goals.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall--
        (1) establish goals for competition in contracts awarded by the 
    Secretary of Defense for the procurement of property or services to 
    be used outside the United States in support of a contingency 
    operation; and
        (2) develop processes by which to measure and monitor such 
    competition, including in task-order categories for services, 
    construction, and supplies.
    (b) Annual Review of Certain Contracts.--For each year the 
Logistics Civil Augmentation Program contract, or other similar omnibus 
contract awarded by the Secretary of Defense for the procurement of 
property or services to be used outside the United States in support of 
a contingency operation, is in force, the Secretary shall require a 
competition advocate of the Department of Defense to conduct an annual 
review of each such contract.
    (c) Annual Report on Contracting in Iraq and Afghanistan.-- Section 
863(a)(2) of the National Defense Authorization Act for Fiscal Year 
2008 (110-181; 10 U.S.C. 2302 note) is amended--
        (1) by redesignating subparagraphs (F) through (H) as 
    subparagraphs (G) through (I), respectively; and
        (2) by inserting after subparagraph (E) the following new 
    subparagraph:
            ``(F) Percentage of contracts awarded on a competitive 
        basis as compared to established goals for competition in 
        contingency contracting actions.''.
    SEC. 845. 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. 846. 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).

              Subtitle E--Defense Industrial Base Matters

    SEC. 851. ASSESSMENT OF THE DEFENSE INDUSTRIAL BASE PILOT PROGRAM.
    (a) Report.--Not later than March 1, 2012, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
defense industrial base pilot program of the Department of Defense.
    (b) Elements.--The report required by subsection (a) shall include 
each of the following:
        (1) A quantitative and qualitative analysis of the 
    effectiveness of the defense industrial base pilot program.
        (2) An assessment of the legal, policy, or regulatory 
    challenges associated with effectively executing the pilot program.
        (3) Recommendations for changes to the legal, policy, or 
    regulatory framework for the pilot program to make it more 
    effective.
        (4) A description of any plans to expand the pilot program, 
    including to other sectors beyond the defense industrial base.
        (5) An assessment of the potential legal, policy, or regulatory 
    challenges associated with expanding the pilot program.
        (6) Any other matters the Secretary considers appropriate.
    (c) Form.--The report required under this section shall be 
submitted in unclassified form, but may include a classified annex.
    SEC. 852. STRATEGY FOR SECURING THE DEFENSE SUPPLY CHAIN AND 
      INDUSTRIAL BASE.
    (a) Report Required.--The Secretary of Defense shall ensure that 
the annual report to Congress on the defense industrial base submitted 
for fiscal year 2012 pursuant to section 2504 of title 10, United 
States Code, includes a description of, and a status report on, the 
sector-by-sector, tier-by-tier assessment of the industrial base 
undertaken by the Department of Defense.
    (b) Contents of Report.--The report required by subsection (a) 
shall include, at a minimum, a description of the steps taken and 
planned to be taken--
        (1) to identify current and emerging sectors of the defense 
    industrial base that are critical to the national security of the 
    United States;
        (2) in each sector, to identify items that are critical to 
    military readiness, including key components, subcomponents, and 
    materials;
        (3) to examine the structure of the industrial base, including 
    the competitive landscape, relationships, risks, and opportunities 
    within that structure;
        (4) to map the supply chain for critical items identified under 
    paragraph (2) in a manner that provides the Department of Defense 
    visibility from raw material to final products;
        (5) to perform a risk assessment of the supply chain for such 
    critical items and conduct an evaluation of the extent to which--
            (A) the supply chain for such items is subject to 
        disruption by factors outside the control of the Department of 
        Defense; and
            (B) such disruption would adversely affect the ability of 
        the Department of Defense to fill its national security 
        mission.
    (c) Strategy Required.--Based on the findings from the sector-by-
sector, tier-by-tier assessment, as described in the report required by 
subsection (a), the Secretary of Defense shall develop a defense supply 
chain and industrial base strategy to ensure the continued availability 
of items that are determined by the Secretary to be critical to 
military readiness and to be subject to significant supply chain risk. 
The strategy shall be based on a prioritized assessment of risks and 
challenges to the defense supply chain and industrial base and shall, 
at a minimum, address--
        (1) mitigation strategies needed to address any gaps or 
    vulnerabilities in the relevant sectors of the defense industrial 
    base;
        (2) the need for timely mobilization and capacity in such 
    sectors of the defense industrial base; and
        (3) any other steps needed to foster and safeguard such sectors 
    of the defense industrial base.
    (d) Follow-up Review.--The Secretary of Defense shall ensure that 
the annual report to Congress on the defense industrial base submitted 
for each of fiscal years 2013, 2014, and 2015 includes an update on the 
steps taken by the Department of Defense to act on the findings of the 
sector-by-sector, tier-by-tier assessment of the industrial base and 
implement the strategy required by subsection (c). Such updates shall, 
at a minimum--
        (1) be conducted based on current mapping of the supply chain 
    and industrial base structure, including an analysis of the 
    competitive landscape, relationships, risks, and opportunities 
    within that structure; and
        (2) take into account any changes or updates to the National 
    Defense Strategy, National Military Strategy, national 
    counterterrorism policy, homeland security policy, and applicable 
    operational or contingency plans.
    SEC. 853. ASSESSMENT OF FEASABILITY AND ADVISABILITY OF 
      ESTABLISHMENT OF RARE EARTH MATERIAL INVENTORY.
    (a) Requirement.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Defense Logistics 
Agency Strategic Materials shall submit to the Secretary of Defense an 
assessment of the feasibility and advisability of establishing an 
inventory of rare earth materials necessary to ensure the long-term 
availability of such rare earth materials. The assessment shall--
        (1) identify and describe the steps necessary to create an 
    inventory of rare earth materials, including oxides, metals, 
    alloys, and magnets, to support national defense requirements and 
    ensure reliable sources of such materials for defense purposes;
        (2) provide a detailed cost-benefit analysis of creating such 
    an inventory in accordance with Office of Management and Budget 
    Circular A-94;
        (3) provide an analysis of the potential market effects, 
    including effects on the pricing and commercial availability of 
    such rare earth materials, associated with creating such an 
    inventory;
        (4) identify and describe the mechanisms available to the 
    Administrator to make such an inventory accessible, including by 
    purchase, to entities requiring such rare earth materials to 
    support national defense requirements, including producers of end 
    items containing rare earth materials;
        (5) provide a detailed explanation of the ability of the 
    Administrator to authorize the sale of excess materials to support 
    a Rare Earth Material Stockpile Inventory Program;
        (6) analyze any potential requirements to amend or revise the 
    Defense Logistics Agency Strategic Materials Annual Material Plan 
    for Fiscal Year 2012 and subsequent years to reflect an inventory 
    of rare earth materials to support national defense requirements;
        (7) identify and describe the steps necessary to develop or 
    maintain a competitive, multi-source supply-chain to avoid reliance 
    on a single source of supply;
        (8) identify and describe supply sources considered by the 
    Administrator to be reliable, including an analysis of the 
    capabilities of such sources to produce such materials in forms 
    required for military applications in the next five years, as well 
    as the security of upstream supply for these sources of material; 
    and
        (9) include such other considerations and recommendations as 
    necessary to support the establishment of such inventory.
    (b) Findings and Recommendations.--
        (1) In general.--Not later than 90 days after the date on which 
    the assessment is submitted under subsection (a), the Secretary of 
    Defense shall submit to the congressional defense committees--
            (A) the findings and recommendations from the assessment 
        required under subsection (a);
            (B) a description of any actions the Secretary intends to 
        take regarding the plans, strategies, policies, regulations, or 
        resourcing of the Department of Defense as a result of the 
        findings and recommendations from such assessment; and
            (C) any recommendations for legislative or regulatory 
        changes needed to ensure the long-term availability of such 
        rare earth materials.
    (c) Definitions.--In this section:
        (1) The term ``rare earth'' means any of the following chemical 
    elements in any of their physical forms or chemical combinations 
    and alloys:
            (A) Scandium.
            (B) Yttrium.
            (C) Lanthanum.
            (D) Cerium.
            (E) Praseodymium.
            (F) Neodymium.
            (G) Promethium.
            (H) Samarium.
            (I) Europium.
            (J) Gadolinium.
            (K) Terbium.
            (L) Dysprosium.
            (M) Holmium.
            (N) Erbium.
            (O) Thulium.
            (P) Ytterbium.
            (Q) Lutetium.
        (2) The term ``capability'' means the required facilities, 
    manpower, technological knowledge, and intellectual property 
    necessary for the efficient and effective production of rare earth 
    materials.
    SEC. 854. 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;
        (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. 855. 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''.

                       Subtitle F--Other Matters

    SEC. 861. CLARIFICATION OF JURISDICTION OF THE UNITED STATES 
      DISTRICT COURTS TO HEAR BID PROTEST DISPUTES INVOLVING MARITIME 
      CONTRACTS.
    (a) Exclusive Jurisdiction.--Section 1491(b) of title 28, United 
States Code, is amended by adding at the end the following new 
paragraph:
        ``(6) Jurisdiction over any action described in paragraph (1) 
    arising out of a maritime contract, or a solicitation for a 
    proposed maritime contract, shall be governed by this section and 
    shall not be subject to the jurisdiction of the district courts of 
    the United States under the Suits in Admiralty Act (chapter 309 of 
    title 46) or the Public Vessels Act (chapter 311 of title 46).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to any cause of action filed on or after the first day of the 
first month beginning more than 30 days after the date of the enactment 
of this Act.
    SEC. 862. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY, 
      ENGINEERING, AND MATH (STEM) PROGRAMS.
    (a) In General.--The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall develop programs and incentives to 
ensure that Department of Defense contractors take appropriate steps 
to--
        (1) enhance undergraduate, graduate, and doctoral programs in 
    science, technology, engineering and math (in this section referred 
    to as ``STEM'' disciplines);
        (2) make investments, such as programming and curriculum 
    development, in STEM programs within elementary and secondary 
    schools;
        (3) encourage employees to volunteer in Title I schools in 
    order to enhance STEM education and programs;
        (4) make personnel available to advise and assist faculty at 
    such colleges and universities in the performance of STEM research 
    and disciplines critical to the functions of the Department of 
    Defense;
        (5) establish partnerships between the offeror and historically 
    Black colleges and universities and minority institutions for the 
    purpose of training students in scientific disciplines;
        (6) award scholarships and fellowships, and establish 
    cooperative work-education programs in scientific disciplines; or
        (7) conduct recruitment activities at historically black 
    colleges and universities and other minority-serving institutions 
    or offer internships or apprenticeships.
    (b) Implementation.--Not later than 270 days after the date of the 
enactment of this Act, the Under Secretary shall submit to the 
congressional defense committees a report on the steps taken to 
implement the requirements of this section.
    SEC. 863. SENSE OF CONGRESS AND REPORT ON AUTHORITIES AVAILABLE TO 
      THE DEPARTMENT OF DEFENSE FOR MULTIYEAR CONTRACTS FOR THE 
      PURCHASE OF ALTERNATIVE FUELS.
    (a) Findings.--Congress makes the following findings:
        (1) The procurement of alternative fuels by the Department of 
    Defense through the use of long-term contracts can provide 
    stability for industry, which could attract investment needed to 
    develop alternative fuel sources.
        (2) In appropriate circumstances, and with appropriate 
    protections, the use of long-term contracts for alternative fuels 
    can be in the best interest of the Department if the costs of these 
    contracts are competitive with other fuel contracts.
        (3) The Department has asked for the authority to enter into 
    long-term contracts for alternative fuels.
    (b) Sense of Congress.--It is the sense of Congress that the 
Department of Defense should continue to pursue long-term contracting 
authority for alternative fuels, as well as traditional fuels, if the 
contracts will satisfy military requirements and result in equal or 
less cost to the Department over their duration.
    (c) Report.--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 alternative fuels, including advanced biofuels. 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 alternative fuels, including 
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. 864. ACQUISITION WORKFORCE IMPROVEMENTS.
    (a) Workforce Improvements.--Section 1704(b) of title 41, United 
States Code, is amended--
        (1) by inserting after the first sentence the following: ``The 
    Associate Administrator shall be chosen on the basis of 
    demonstrated knowledge and expertise in acquisition, human capital, 
    and management.'';
        (2) by striking ``The Associate Administrator for Acquisition 
    Workforce Programs shall be located in the Federal Acquisition 
    Institute (or its successor).'' and inserting ``The Associate 
    Administrator shall be located in the Office of Federal Procurement 
    Policy.'';
        (3) in paragraph (4), by striking ``; and'' and inserting a 
    semicolon;
        (4) by redesignating paragraph (5) as paragraph (6); and
        (5) by inserting after paragraph (4) the following new 
    paragraph:
        ``(5) implementing workforce programs under subsections (f) 
    through (l) of section 1703 of this title; and''.
    (b) Federal Acquisition Institute.--
        (1) In general.--Division B of subtitle I of title 41, United 
    States Code, is amended by inserting after chapter 11 the following 
    new chapter:

              ``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE

``Sec.
``1201. Federal Acquisition Institute.

``Sec. 1201. Federal Acquisition Institute
    ``(a) In General.--There is established a Federal Acquisition 
Institute (FAI) in order to--
        ``(1) foster and promote the development of a professional 
    acquisition workforce Government-wide;
        ``(2) promote and coordinate Government-wide research and 
    studies to improve the procurement process and the laws, policies, 
    methods, regulations, procedures, and forms relating to acquisition 
    by the executive agencies;
        ``(3) collect data and analyze acquisition workforce data from 
    the Office of Personnel Management, the heads of executive 
    agencies, and, through periodic surveys, from individual employees;
        ``(4) periodically analyze acquisition career fields to 
    identify critical competencies, duties, tasks, and related academic 
    prerequisites, skills, and knowledge;
        ``(5) coordinate and assist agencies in identifying and 
    recruiting highly qualified candidates for acquisition fields;
        ``(6) develop instructional materials for acquisition personnel 
    in coordination with private and public acquisition colleges and 
    training facilities;
        ``(7) evaluate the effectiveness of training and career 
    development programs for acquisition personnel;
        ``(8) promote the establishment and utilization of academic 
    programs by colleges and universities in acquisition fields;
        ``(9) facilitate, to the extent requested by agencies, 
    interagency intern and training programs;
        ``(10) collaborate with other civilian agency acquisition 
    training programs to leverage training supporting all members of 
    the civilian agency acquisition workforce;
        ``(11) assist civilian agencies with their acquisition and 
    capital planning efforts; and
        ``(12) perform other career management or research functions as 
    directed by the Administrator.
    ``(b) Budget Resources and Authority.--
        ``(1) In general.--The Administrator shall recommend to the 
    Administrator of General Services sufficient budget resources and 
    authority for the Federal Acquisition Institute to support 
    Government-wide training standards and certification requirements 
    necessary to enhance the mobility and career opportunities of the 
    Federal acquisition workforce.
        ``(2) Acquisition workforce training fund.--Subject to the 
    availability of funds, the Administrator of General Services shall 
    provide the Federal Acquisition Institute with amounts from the 
    acquisition workforce training fund established under section 
    1703(i) of this title sufficient to meet the annual budget for the 
    Federal Acquisition Institute requested by the Administrator under 
    paragraph (1).
    ``(c) Federal Acquisition Institute Board of Directors.--
        ``(1) Reporting to administrator.--The Federal Acquisition 
    Institute shall report through its Board of Directors directly to 
    the Administrator.
        ``(2) Composition.--The Board shall be composed of not more 
    than 8 individuals from the Federal Government representing a mix 
    of acquisition functional areas, all of whom shall be appointed by 
    the Administrator.
        ``(3) Duties.--The Board shall provide general direction to the 
    Federal Acquisition Institute to ensure that the Institute--
            ``(A) meets its statutory requirements;
            ``(B) meets the needs of the Federal acquisition workforce;
            ``(C) implements appropriate programs;
            ``(D) coordinates with appropriate organizations and groups 
        that have an impact on the Federal acquisition workforce;
            ``(E) develops and implements plans to meet future 
        challenges of the Federal acquisition workforce; and
            ``(F) works closely with the Defense Acquisition 
        University.
        ``(4) Recommendations.--The Board shall make recommendations to 
    the Administrator regarding the development and execution of the 
    annual budget of the Federal Acquisition Institute.
    ``(d) Director.--The Director of the Federal Acquisition Institute 
shall be appointed by, be subject to the direction and control of, and 
report directly to the Administrator.
    ``(e) Annual Report.--The Administrator shall submit to the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Appropriations of the Senate and the Committee on 
Oversight and Government Reform and the Committee on Appropriations of 
the House of Representatives an annual report on the projected budget 
needs and expense plans of the Federal Acquisition Institute to fulfill 
its mandate.''.
        (2) Clerical amendment.--The table of contents at the beginning 
    of subtitle I of such title is amended by inserting after the item 
    relating to chapter 11 the following new item:

``12. Federal Acquisition Institute.............................1201.''.

        (3) Conforming amendment.--Paragraph (5) of section 1122(a) of 
    such title is amended to read as follows:
        ``(5) providing for and directing the activities of the Federal 
    Acquisition Institute established under section 1201 of this title, 
    including recommending to the Administrator of General Services a 
    sufficient budget for such activities.''.
    (c) Government-Wide Training Standards and Certification.--Section 
1703 of such title is amended--
        (1) in subsection (c)(2)--
            (A) by striking ``The Administrator shall'' and inserting 
        the following:
            ``(A) In general.--The Administrator shall''; and
            (B) by adding at the end the following:
            ``(B) Government-wide training standards and 
        certification.--The Administrator, acting through the Federal 
        Acquisition Institute, shall provide and update government-wide 
        training standards and certification requirements, including--
                ``(i) developing and modifying acquisition 
            certification programs;
                ``(ii) ensuring quality assurance for agency 
            implementation of government-wide training and 
            certification standards;
                ``(iii) analyzing the acquisition training curriculum 
            to ascertain if all certification competencies are covered 
            or if adjustments are necessary;
                ``(iv) developing career path information for certified 
            professionals to encourage retention in government 
            positions;
                ``(v) coordinating with the Office of Personnel 
            Management for human capital efforts; and
                ``(vi) managing rotation assignments to support 
            opportunities to apply skills included in certification.''; 
            and
        (2) by adding at the end the following new subsection:
    ``(l) Acquisition Internship and Training Programs.--All Federal 
civilian agency acquisition internship or acquisition training programs 
shall follow guidelines provided by the Office of Federal Procurement 
Policy to ensure consistent training standards necessary to develop 
uniform core competencies throughout the Federal Government.''.
    (d) Expanded Scope of Acquisition Workforce Training Fund.--Section 
1703(i) of such title is amended--
        (1) in paragraph (2), by striking ``to support the training of 
    the acquisition workforce of the executive agencies'' and inserting 
    ``to support the activities set forth in section 1201(a) of this 
    title''; and
        (2) in paragraph (6), by striking ``ensure that amounts 
    collected for training under this subsection are not used for a 
    purpose other than the purpose specified in paragraph (2)'' and 
    inserting ``ensure that amounts collected under this section are 
    not used for a purpose other than the activities set forth in 
    section 1201(a) of this title''.
    (e) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, shall be construed to preclude the 
Secretary of Defense from establishing acquisition workforce policies, 
procedures, training standards, and certification requirements for 
acquisition positions in the Department of Defense, as provided in 
chapter 87 of title 10, United States Code.
    SEC. 865. 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 Assistant Secretary of Defense for 
Research and Engineering''.
    SEC. 866. 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 ``December 31, 2014''.
    (b) Additional Report.--Subsection (f) of such section is amended 
by inserting ``and March 1, 2012,'' after ``March 1, 1994,''.
    SEC. 867. 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''.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Revision of defense business systems requirements.
Sec. 902. Qualifications for appointments to the position of Deputy 
          Secretary of Defense.
Sec. 903. Designation of Department of Defense senior official with 
          principal responsibility for airship programs.
Sec. 904. Memoranda of agreement on identification and dedication of 
          enabling capabilities of general purpose forces to fulfill 
          certain requirements of special operations forces.
Sec. 905. Assessment of Department of Defense access to non-United 
          States citizens with scientific and technical expertise vital 
          to the national security interests.
Sec. 906. Sense of Congress on use of modeling and simulation in 
          Department of Defense activities.
Sec. 907. Sense of Congress on ties between Joint Warfighting and 
          Coalition Center and Allied Command Transformation of NATO.
Sec. 908. Report on effects of planned reductions of personnel at the 
          Joint Warfare Analysis Center on personnel skills.

                      Subtitle B--Space Activities

Sec. 911. Harmful interference to Department of Defense Global 
          Positioning System.
Sec. 912. Authority to designate increments or blocks of satellites as 
          major subprograms subject to acquisition reporting 
          requirements.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Report on implementation of recommendations by the Comptroller 
          General on intelligence information sharing.
Sec. 922. Insider threat detection.
Sec. 923. Expansion of authority for exchanges of mapping, charting, and 
          geodetic data to include nongovernmental organizations and 
          academic institutions.
Sec. 924. Ozone Widget Framework.
Sec. 925. Plan for incorporation of enterprise query and correlation 
          capability into the Defense Intelligence Information 
          Enterprise.
Sec. 926. Facilities for intelligence collection or special operations 
          activities abroad.

                   Subtitle D--Total Force Management

Sec. 931. General policy for total force management.
Sec. 932. Revisions to Department of Defense civilian personnel 
          management constraints.
Sec. 933. Additional amendments relating to total force management.
Sec. 934. Modifications of annual defense manpower requirements report.
Sec. 935. Revisions to strategic workforce plan.
Sec. 936. Amendments to requirement for inventory of contracts for 
          services.
Sec. 937. Preliminary planning and duration of public-private 
          competitions.
Sec. 938. Conversion of certain functions from contractor performance to 
          performance by Department of Defense civilian employees.

     Subtitle E--Quadrennial Roles and Missions and Related Matters

Sec. 941. Chairman of the Joint Chiefs of Staff assessment of 
          contingency plans.
Sec. 942. Quadrennial defense review.

                        Subtitle F--Other Matters

Sec. 951. Activities to improve multilateral, bilateral, and regional 
          cooperation regarding cybersecurity.
Sec. 952. Report on United States Special Operations Command structure.
Sec. 953. Strategy to acquire capabilities to detect previously unknown 
          cyber attacks.
Sec. 954. Military activities in cyberspace.

              Subtitle A--Department of Defense Management

    SEC. 901. REVISION OF DEFENSE BUSINESS SYSTEMS REQUIREMENTS.
     Section 2222 of title 10, United States Code, is amended to read 
as follows:
``Sec. 2222. Defense business systems: architecture, accountability, 
    and modernization
    ``(a) Conditions for Obligation of Funds for Covered Defense 
Business System Programs.--Funds available to the Department of 
Defense, whether appropriated or non-appropriated, may not be obligated 
for a defense business system program that will have a total cost in 
excess of $1,000,000 over the period of the current future-years 
defense program submitted to Congress under section 221 of this title 
unless--
        ``(1) the appropriate pre-certification authority for the 
    covered defense business system program has determined that--
            ``(A) the defense business system program is in compliance 
        with the enterprise architecture developed under subsection (c) 
        and appropriate business process re-engineering efforts have 
        been undertaken to ensure that--
                ``(i) the business process supported by the defense 
            business system program is or 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 
            requirements or incorporate unique interfaces has been 
            eliminated or reduced to the maximum extent practicable;
            ``(B) 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
            ``(C) 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 covered defense business system program has been 
    reviewed and certified by the investment review board established 
    under subsection (g); and
        ``(3) the certification of the investment review board under 
    paragraph (2) has been approved by the Defense Business Systems 
    Management Committee established by section 186 of this title.
    ``(b) Obligation of Funds in Violation of Requirements.--The 
obligation of Department of Defense funds for a covered defense 
business system program that has not been certified and approved in 
accordance with subsection (a) is a violation of section 1341(a)(1)(A) 
of title 31.
    ``(c) Enterprise Architecture for Defense Business Systems.--(1) 
The Secretary of Defense, acting through the Defense Business Systems 
Management Committee, shall develop--
        ``(A) an enterprise architecture, known as the defense business 
    enterprise architecture, to cover all defense business systems, and 
    the functions and activities supported by defense business systems, 
    which shall be sufficiently defined to effectively guide, 
    constrain, and permit implementation of interoperable defense 
    business system solutions and consistent with the policies and 
    procedures established by the Director of the Office of Management 
    and Budget; and
        ``(B) a transition plan for implementing the defense business 
    enterprise architecture.
    ``(2) The Secretary of Defense shall delegate responsibility and 
accountability for the defense business enterprise architecture 
content, including unambiguous definitions of functional processes, 
business rules, and standards, as follows:
        ``(A) The Under Secretary of Defense for Acquisition, 
    Technology, and Logistics shall be responsible and accountable for 
    the content of those portions of the defense business enterprise 
    architecture that support acquisition, logistics, installations, 
    environment, or safety and occupational health activities of the 
    Department of Defense.
        ``(B) The Under Secretary of Defense (Comptroller) shall be 
    responsible and accountable for the content of those portions of 
    the defense business enterprise architecture that support financial 
    management activities or strategic planning and budgeting 
    activities of the Department of Defense.
        ``(C) The Under Secretary of Defense for Personnel and 
    Readiness shall be responsible and accountable for the content of 
    those portions of the defense business enterprise architecture that 
    support human resource management activities of the Department of 
    Defense.
        ``(D) The Chief Information Officer of the Department of 
    Defense shall be responsible and accountable for the content of 
    those portions of the defense business enterprise architecture that 
    support information technology infrastructure or information 
    assurance activities of the Department of Defense.
        ``(E) The Deputy Chief Management Officer of the Department of 
    Defense shall be responsible and accountable for developing and 
    maintaining the defense business enterprise architecture as well as 
    integrating business operations covered by subparagraphs (A) 
    through (D).
    ``(d) Composition of Enterprise Architecture.--The defense business 
enterprise architecture developed under subsection (c)(1)(A) shall 
include the following:
        ``(1) An information infrastructure that, at a minimum, would 
    enable the Department of Defense to--
            ``(A) comply with all applicable law, including Federal 
        accounting, financial management, and reporting requirements;
            ``(B) routinely produce timely, accurate, and reliable 
        business and financial information for management purposes;
            ``(C) integrate budget, accounting, and program information 
        and systems; and
            ``(D) provide for the systematic measurement of 
        performance, including the ability to produce timely, relevant, 
        and reliable cost information.
        ``(2) Policies, procedures, data standards, performance 
    measures, and system interface requirements that are to apply 
    uniformly throughout the Department of Defense.
        ``(3) A target defense business systems computing environment, 
    compliant with the defense 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.
    ``(e) Composition of Transition Plan.--The transition plan 
developed under subsection (c)(1)(B) shall include the following:
        ``(1) A listing of the new systems that are expected to be 
    needed to complete the defense business enterprise architecture, 
    along with each system's time-phased milestones, performance 
    measures, financial resource needs, and risks or challenges to 
    integration into the business enterprise architecture.
        ``(2) A listing of the defense business systems existing as of 
    September 30, 2011 (known as `legacy systems') that will not be 
    part of the defense business enterprise architecture, together with 
    the schedule for terminating those legacy systems that provides for 
    reducing the use of those legacy systems in phases.
        ``(3) A listing of the legacy systems (referred to in 
    subparagraph (B)) that will be a part of the target defense 
    business systems computing environment described in subsection 
    (d)(3), together with a strategy for making the modifications to 
    those systems that will be needed to ensure that such systems 
    comply with the defense business enterprise architecture, including 
    time-phased milestones, performance measures, and financial 
    resource needs.
    ``(f) Designation of Appropriate Pre-certification Authorities and 
Senior Officials.--(1) For purposes of subsections (a) and (g), the 
appropriate pre-certification authority for a defense business system 
program is as follows:
        ``(A) In the case of an Army program, the Chief Management 
    Officer of the Army.
        ``(B) In the case of a Navy program, the Chief Management 
    Officer of the Navy.
        ``(C) In the case of an Air Force program, the Chief Management 
    Officer of the Air Force.
        ``(D) In the case of a program of a Defense Agency, the 
    Director, or equivalent, of such Defense Agency, unless otherwise 
    approved by the Deputy Chief Management Officer of the Department 
    of Defense.
        ``(E) In the case of a program that will support the business 
    processes of more than one military department or Defense Agency, 
    an appropriate pre-certification authority designated by the Deputy 
    Chief Management Officer of the Department of Defense.
    ``(2) For purposes of subsection (g), the appropriate senior 
official of the Department of Defense for the functions and activities 
supported by a covered defense business system is as follows:
        ``(A) The Under Secretary of Defense for Acquisition, 
    Technology, and Logistics, in the case of any defense business 
    system the primary purpose of which is to support acquisition, 
    logistics, installations, environment, or safety and occupational 
    health activities of the Department of Defense.
        ``(B) The Under Secretary of Defense (Comptroller), in the case 
    of any defense business system the primary purpose of which is to 
    support financial management activities or strategic planning and 
    budgeting activities of the Department of Defense.
        ``(C) The Under Secretary of Defense for Personnel and 
    Readiness, in the case of any defense business system the primary 
    purpose of which is to support human resource management activities 
    of the Department of Defense.
        ``(D) The Chief Information Officer of the Department of 
    Defense, in the case of any defense business system the primary 
    purpose of which is to support information technology 
    infrastructure or information assurance activities of the 
    Department of Defense.
        ``(E) The Deputy Chief Management Officer of the Department of 
    Defense, in the case of any defense business system the primary 
    purpose of which is to support any activity of the Department of 
    Defense not covered by subparagraphs (A) through (D).
    ``(g) Defense Business System Investment Review.--(1) The Secretary 
of Defense shall require the Deputy Chief Management Officer of the 
Department of Defense, not later than March 15, 2012, to establish an 
investment review board and investment management process, consistent 
with section 11312 of title 40, to review and certify the planning, 
design, acquisition, development, deployment, operation, maintenance, 
modernization, and project cost benefits and risks of covered defense 
business systems programs. The investment review board and investment 
management process so established shall specifically address the 
requirements of subsection (a).
    ``(2) The review of defense business systems programs under the 
investment management process shall include the following:
        ``(A) Review and approval by an investment review board of each 
    covered defense business system program before the obligation of 
    funds on the system in accordance with the requirements of 
    subsection (a).
        ``(B) Periodic review, but not less than annually, of all 
    covered defense business system programs, grouped in portfolios of 
    defense business systems.
        ``(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 representation from 
    each of the following:
            ``(i) The appropriate pre-certification authority for the 
        defense business system under review.
            ``(ii) The appropriate senior official of the Department of 
        Defense for the functions and activities supported by the 
        defense business system under review.
            ``(iii) The Chief Information Officer of the Department of 
        Defense.
        ``(D) Use of threshold criteria to ensure an appropriate level 
    of review within the Department of Defense of, and accountability 
    for, defense business system programs depending on scope, 
    complexity, and cost.
        ``(E) Use of procedures for making certifications in accordance 
    with the requirements of subsection (a).
        ``(F) Use of procedures for ensuring consistency with the 
    guidance issued by the Secretary of Defense and the Defense 
    Business Systems Management Committee, as required by section 
    186(c) of this title, and incorporation of common decision 
    criteria, including standards, requirements, and priorities that 
    result in the integration of defense business systems.
    ``(h) Budget Information.--In the materials that the Secretary 
submits to Congress in support of the budget submitted to Congress 
under section 1105 of title 31 for fiscal year 2006 and fiscal years 
thereafter, the Secretary of Defense shall include the following 
information:
        ``(1) Identification of each defense business system program 
    for which funding is proposed in that budget.
        ``(2) Identification of all funds, by appropriation, proposed 
    in that budget for each such program, including--
            ``(A) funds for current services (to operate and maintain 
        the system covered by such program); and
            ``(B) funds for business systems modernization, identified 
        for each specific appropriation.
        ``(3) For each such program, identification of the appropriate 
    pre-certification authority and senior official of the Department 
    of Defense designated under subsection (f).
        ``(4) For each such program, a description of each approval 
    made under subsection (a)(3) with regard to such program.
    ``(i) Congressional Reports.--Not later than March 15 of each year 
from 2012 through 2016, the Secretary of Defense shall submit to the 
congressional defense committees a report on Department of Defense 
compliance with the requirements of this section. Each report shall--
        ``(1) describe actions taken and planned for meeting the 
    requirements of subsection (a), including--
            ``(A) specific milestones and actual performance against 
        specified performance measures, and any revision of such 
        milestones and performance measures; and
            ``(B) specific actions on the defense business system 
        programs submitted for certification under such subsection;
        ``(2) identify the number of defense business system programs 
    so certified;
        ``(3) identify any covered defense business system program 
    during the preceding fiscal year that was not approved under 
    subsection (a), and the reasons for the lack of approval;
        ``(4) discuss specific improvements in business operations and 
    cost savings resulting from successful defense business systems 
    programs; and
        ``(5) include a copy of the most recent report of the Chief 
    Management Officer of each military department on implementation of 
    business transformation initiatives by such department in 
    accordance with section 908 of the Duncan Hunter National Defense 
    Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
    Stat. 4569; 10 U.S.C. 2222 note).
    ``(j) Definitions.--In this section:
        ``(1) The term `defense business system' means an information 
    system, other than a national security system, operated by, for, or 
    on behalf of the Department of Defense, including financial 
    systems, mixed systems, financial data feeder systems, and 
    information technology and information assurance infrastructure, 
    used to support business activities, such as acquisition, financial 
    management, logistics, strategic planning and budgeting, 
    installations and environment, and human resource management.
        ``(2) The term `covered defense business system program' means 
    any defense business system program that is expected to have a 
    total cost in excess of $1,000,000 over the period of the current 
    future-years defense program submitted to Congress under section 
    221 of this title.
        ``(3) The term `enterprise architecture' has the meaning given 
    that term in section 3601(4) of title 44.
        ``(4) The terms `information system' and `information 
    technology' have the meanings given those terms in section 11101 of 
    title 40.
        ``(5) The term `national security system' has the meaning given 
    that term in section 3542(b)(2) of title 44.''.
    SEC. 902. 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. 903. 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. 904. MEMORANDA OF AGREEMENT ON IDENTIFICATION AND DEDICATION 
      OF ENABLING CAPABILITIES OF GENERAL PURPOSE FORCES TO FULFILL 
      CERTAIN REQUIREMENTS OF SPECIAL OPERATIONS FORCES.
    (a) Requirement.--By not later than 180 days after the date of the 
enactment of this Act and annually thereafter, each Secretary of a 
military department shall enter into a memorandum of agreement with the 
Commander of the United States Special Operations Command that 
identifies or establishes processes and associated milestones by which 
numbers and types of enabling capabilities of the general purpose 
forces of the Armed Forces under the jurisdiction of such Secretary can 
be identified and dedicated to fulfill the training and operational 
requirements of special operations forces under the United States 
Special Operations Command.
    (b) Format.--Such agreements may be accomplished in an annex to 
existing memoranda of agreement or through separate memoranda of 
agreement.
    SEC. 905. 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. 906. 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. 907. 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. 908. 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. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL 
      POSITIONING SYSTEM.
    (a) Federal Communications Commission Conditions on Commercial 
Terrestrial Operations.--
        (1) Continuation of conditions until interference addressed.--
    The Federal Communications Commission shall not lift the conditions 
    imposed on commercial terrestrial operations in the Order and 
    Authorization adopted on January 26, 2011 (DA 11-133), or otherwise 
    permit such operations, until the Commission has resolved concerns 
    of widespread harmful interference by such commercial terrestrial 
    operations to covered GPS devices.
        (2) Notice and comment on working group report.--Prior to 
    permitting such commercial terrestrial operations, the Federal 
    Communications Commission shall make available the final working 
    group report mandated by such Order and Authorization and provide 
    all interested parties an opportunity to comment on such report.
        (3) Notice to congress.--
            (A) In general.--At the conclusion of the proceeding on 
        such commercial terrestrial operations, the Federal 
        Communications Commission shall submit to the congressional 
        committees described in subparagraph (B) official copies of the 
        documents containing the final decision of the Commission 
        regarding whether to permit such commercial terrestrial 
        operations. If the decision is to permit such commercial 
        terrestrial operations, such documents shall contain or be 
        accompanied by an explanation of how the concerns described in 
        paragraph (1) have been resolved.
            (B) Congressional committees described.--The congressional 
        committees described in this paragraph are the following:
                (i) The Committee on Energy and Commerce and the 
            Committee on Armed Services of the House of 
            Representatives.
                (ii) The Committee on Commerce, Science, and 
            Transportation and the Committee on Armed Services of the 
            Senate.
    (b) Secretary of Defense Review of Harmful Interference.--
        (1) Review.--Not later than 90 days after the date of the 
    enactment of this Act, and every 90 days thereafter until the date 
    referred to in paragraph (3), the Secretary of Defense shall 
    conduct a review to--
            (A) assess the ability of covered GPS devices to receive 
        signals from Global Positioning System satellites without 
        widespread harmful interference; and
            (B) determine if commercial communications services are 
        causing or will cause widespread harmful interference with 
        covered GPS devices.
        (2) Notice to congress.--
            (A) Notice.--If the Secretary of Defense determines during 
        a review under paragraph (1) that commercial communications 
        services are causing or will cause widespread harmful 
        interference with covered GPS devices, the Secretary shall 
        promptly submit to the congressional defense committees notice 
        of such interference.
            (B) Contents.--The notice required under subparagraph (A) 
        shall include--
                (i) a list and description of the covered GPS devices 
            that are being or expected to be interfered with by 
            commercial communications services;
                (ii) a description of the source of, and the entity 
            causing or expect to cause, the interference with such 
            receivers;
                (iii) a description of the manner in which such source 
            or such entity is causing or expected to cause such 
            interference;
                (iv) a description of the magnitude of harm caused or 
            expected to be caused by such interference;
                (v) a description of the duration of and the conditions 
            and circumstances under which such interference is 
            occurring or expected to occur;
                (vi) a description of the impact of such interference 
            on the national security interests of the United States; 
            and
                (vii) a description of the plans of the Secretary to 
            address, alleviate, or mitigate such interference, 
            including the cost of such plans.
            (C) Form.--The notice required under subparagraph (A) shall 
        be submitted in unclassified form, but may include a classified 
        annex.
        (3) Termination date.--The date referred to in this paragraph 
    is the earlier of--
            (A) the date that is two years after the date of the 
        enactment of this Act; or
            (B) the date on which the Secretary--
                (i) determines that commercial communications services 
            are not causing any widespread harmful interference with 
            covered GPS devices; and
                (ii) the Secretary submits to the congressional defense 
            committees notice of the determination made under clause 
            (i).
    (c) Covered GPS Device Defined.--In this section, the term 
``covered GPS device'' means a Global Position System device of the 
Department of Defense.
    SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF SATELLITES 
      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 satellites requires the delivery of 
satellites 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.''.

                Subtitle C--Intelligence-Related Matters

    SEC. 921. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS BY THE 
      COMPTROLLER GENERAL ON INTELLIGENCE INFORMATION SHARING.
    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the appropriate 
congressional committees and the Comptroller General a report on 
actions taken by the Secretary in response to the recommendations of 
the Comptroller General in the report issued on January 22, 2010, 
titled ``Intelligence, Surveillance, and Reconnaissance: Establishing 
Guidance, Timelines, and Accountability for Integrating Intelligence 
Data Would Improve Information Sharing'' (GAO-10-265NI), regarding the 
need to develop guidance, such as a concept of operations, to provide 
overarching direction and priorities for sharing intelligence 
information across the defense elements of the intelligence community.
    (b) Review of Report.--The Comptroller General shall submit to the 
appropriate congressional committees a review of the report submitted 
under subsection (a), including a determination by the Comptroller 
General as to whether the actions taken by the Secretary of Defense in 
response to the recommendations referred to in such subsection are 
consistent with and adequately address such recommendations.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the congressional defense committees;
        (2) the Permanent Select Committee on Intelligence of the House 
    of Representatives; and
        (3) the Select Committee on Intelligence of the Senate.
    SEC. 922. INSIDER THREAT DETECTION.
    (a) Program Required.--The Secretary of Defense shall establish a 
program for information sharing protection and insider threat 
mitigation for the information systems of the Department of Defense to 
detect unauthorized access to, use of, or transmission of classified or 
controlled unclassified information.
    (b) Elements.--The program established under subsection (a) shall 
include the following:
        (1) Technology solutions for deployment within the Department 
    of Defense that allow for centralized monitoring and detection of 
    unauthorized activities, including--
            (A) monitoring the use of external ports and read and write 
        capability controls;
            (B) disabling the removable media ports of computers 
        physically or electronically;
            (C) electronic auditing and reporting of unusual and 
        unauthorized user activities;
            (D) using data-loss prevention and data-rights management 
        technology to prevent the unauthorized export of information 
        from a network or to render such information unusable in the 
        event of the unauthorized export of such information;
            (E) a roles-based access certification system;
            (F) cross-domain guards for transfers of information 
        between different networks; and
            (G) patch management for software and security updates.
        (2) Policies and procedures to support such program, including 
    special consideration for policies and procedures related to 
    international and interagency partners and activities in support of 
    ongoing operations in areas of hostilities.
        (3) A governance structure and process that integrates 
    information security and sharing technologies with the policies and 
    procedures referred to in paragraph (2). Such structure and process 
    shall include--
            (A) coordination with the existing security clearance and 
        suitability review process;
            (B) coordination of existing anomaly detection techniques, 
        including those used in counterintelligence investigation or 
        personnel screening activities; and
            (C) updating and expediting of the classification review 
        and marking process.
        (4) A continuing analysis of--
            (A) gaps in security measures under the program; and
            (B) technology, policies, and processes needed to increase 
        the capability of the program beyond the initially established 
        full operating capability to address such gaps.
        (5) A baseline analysis framework that includes measures of 
    performance and effectiveness.
        (6) A plan for how to ensure related security measures are put 
    in place for other departments or agencies with access to 
    Department of Defense networks.
        (7) A plan for enforcement to ensure that the program is being 
    applied and implemented on a uniform and consistent basis.
    (c) Operating Capability.--The Secretary shall ensure the program 
established under subsection (a)--
        (1) achieves initial operating capability not later than 
    October 1, 2012; and
        (2) achieves full operating capability not later than October 
    1, 2013.
    (d) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall submit to the congressional defense 
committees a report that includes--
        (1) the implementation plan for the program established under 
    subsection (a);
        (2) the resources required to implement the program;
        (3) specific efforts to ensure that implementation does not 
    negatively impact activities in support of ongoing operations in 
    areas of hostilities;
        (4) a definition of the capabilities that will be achieved at 
    initial operating capability and full operating capability, 
    respectively; and
        (5) a description of any other issues related to such 
    implementation that the Secretary considers appropriate.
    (e) Briefing Requirement.--The Secretary shall provide briefings to 
the Committees on Armed Services of the House of Representatives and 
the Senate as follows:
        (1) Not later than 90 days after the date of the enactment of 
    this Act, a briefing describing the governance structure referred 
    to in subsection (b)(3).
        (2) Not later than 120 days after the date of the enactment of 
    this Act, a briefing detailing the inventory and status of 
    technology solutions deployment referred to in subsection (b)(1), 
    including an identification of the total number of host platforms 
    planned for such deployment, the current number of host platforms 
    that provide appropriate security, and the funding and timeline for 
    remaining deployment.
        (3) Not later than 180 days after the date of the enactment of 
    this Act, a briefing detailing the policies and procedures referred 
    to in subsection (b)(2), including an assessment of the 
    effectiveness of such policies and procedures and an assessment of 
    the potential impact of such policies and procedures on information 
    sharing within the Department of Defense and with interagency and 
    international partners.
    (f) Budget Submission.--On the date on which the President submits 
to Congress the budget under section 1105 of title 31, United States 
Code, for each of fiscal years 2014 through 2019, the Secretary of 
Defense shall submit to the congressional defense committees an 
identification of the resources requested in such budget to carry out 
the program established under subsection (a).
    SEC. 923. 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. 924. OZONE WIDGET FRAMEWORK.
    (a) Mechanism for Internet Publication of Information for 
Development of Analysis Tools and Applications.--The Chief Information 
Officer of the Department of Defense, acting through 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 Chief Information Officer 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 Chief 
Information Officer 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 Chief Information 
Officer 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. 925. 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 (DI2E).
        (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 enterprise-wide 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.
        (3) Termination.--The pilot program conducted under this 
    subsection shall terminate on September 30, 2014.
    (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.
    SEC. 926. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL 
      OPERATIONS ACTIVITIES ABROAD.
    (a) In General.--Section 2682 of title 10, United States Code, is 
amended--
        (1) by striking ``The maintenance and repair'' and inserting 
    ``(a) Maintenance and Repair.--Subject to subsection (c), 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'';
        (3) in subsection (b), as designated by paragraph (2) of this 
    subsection, by striking ``A real property'' and inserting ``Subject 
    to subsection (c), a real property''; and
        (4) by adding at the end the following new subsection:
    ``(c) Facilities for Intelligence Collection or for Special 
Operations Abroad.--The Secretary of Defense may waive the requirements 
of subsections (a) and (b) if necessary to provide security for 
authorized intelligence collection or special operations activities 
abroad undertaken by the Department of Defense.''.
    (b) Sunset.--Effective on September 30, 2015, or the date of the 
enactment of an Act authorizing funds for military construction for 
fiscal year 2016, whichever is later--
        (1) subsection (a) of section 2682 of title 10, United States 
    Code, as designated and amended by subsection (a)(1) of this 
    section, is amended by striking ``Subject to subsection (c), the 
    maintenance and repair'' and inserting ``The maintenance and 
    repair'';
        (2) subsection (b) of section 2682 of title 10, United States 
    Code, as designated by subsection (a)(2) and amended by subsection 
    (a)(3) of this section, is amended by striking ``Subject to 
    subsection (c), a real property'' and inserting ``A real 
    property''; and
        (3) subsection (c) of section 2682 of title 10, United States 
    Code, as added by subsection (a)(4) of this section, is repealed.

                   Subtitle D--Total Force Management

    SEC. 931. GENERAL POLICY FOR TOTAL FORCE MANAGEMENT.
    (a) Revision of General Personnel Policy Section.--Section 129a of 
title 10, United States Code, is amended to read as follows:
``Sec. 129a. General policy for total force management
    ``(a) Policies and Procedures.--The Secretary of Defense shall 
establish policies and procedures for determining the most appropriate 
and cost efficient mix of military, civilian, and contractor personnel 
to perform the mission of the Department of Defense.
    ``(b) Risk Mitigation Over Cost.-- In establishing the policies and 
procedures under subsection (a), the Secretary shall clearly provide 
that attainment of a Department of Defense workforce sufficiently sized 
and comprised of the appropriate mix of personnel necessary to carry 
out the mission of the Department and the core mission areas of the 
armed forces (as identified pursuant to section 118b of this title) 
takes precedence over cost.
    ``(c) Delegation of Responsibilities.--The Secretary shall delegate 
responsibility for implementation of the policies and procedures 
established under subsection (a) as follows:
        ``(1) The Under Secretary of Defense for Personnel and 
    Readiness shall have overall responsibility for guidance to 
    implement such policies and procedures.
        ``(2) The Secretaries of the military departments and the heads 
    of the Defense Agencies shall have overall responsibility for the 
    requirements determination, planning, programming, and budgeting 
    for such policies and procedures.
        ``(3) The Under Secretary of Defense for Acquisition, 
    Technology, and Logistics shall be responsible for ensuring that 
    the defense acquisition system, as defined in section 2545 of this 
    title, is consistent with such policies and procedures and with 
    implementation pursuant to paragraph (1).
        ``(4) The Under Secretary of Defense (Comptroller) shall be 
    responsible for ensuring that the budget for the Department of 
    Defense is consistent with such policies and procedures. The Under 
    Secretary shall notify the congressional defense committees of any 
    deviations from such policies and procedures that are recommended 
    in the budget.
    ``(d) Use of Plan, Inventory, and List.--The policies and 
procedures established by the Secretary under subsection (a) shall 
specifically require the Department of Defense to use the following 
when making determinations regarding the appropriate workforce mix 
necessary to perform its mission:
        ``(1) The civilian strategic workforce plan (required by 
    section 115b of this title).
        ``(2) The civilian positions master plan (required by section 
    1597(c) of this title).
        ``(3) The inventory of contracts for services required by 
    section 2330a(c) of this title.
        ``(4) The list of activities required by the Federal Activities 
    Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 
    note).
    ``(e) Considerations in Converting Performance of Functions.-- If 
conversion of functions to performance by either Department of Defense 
civilian personnel or contractor personnel is considered, the Under 
Secretary of Defense for Personnel and Readiness shall ensure 
compliance with--
        ``(1) section 2463 of this title (relating to guidelines and 
    procedures for use of civilian employees to perform Department of 
    Defense functions); and
        ``(2) section 2461 of this title (relating to public-private 
    competition required before conversion to contractor performance).
    ``(f) Construction With Other Requirements.--Nothing in this title 
may be construed as authorizing--
        ``(1) a military department or Defense Agency to directly 
    convert a function to contractor performance without complying with 
    section 2461 of this title;
        ``(2) the use of contractor personnel for functions that are 
    inherently governmental even if there is a military or civilian 
    personnel shortfall in the Department of Defense;
        ``(3) restrictions on the use by a military department or 
    Defense Agency of contractor personnel to perform functions closely 
    associated with inherently governmental functions, provided that--
            ``(A) there are adequate resources to maintain sufficient 
        capabilities within the Department in the functional area being 
        considered for performance by contractor personnel; and
            ``(B) there is adequate Government oversight of contractor 
        personnel performing such functions;
        ``(4) the establishment of numerical goals or budgetary savings 
    targets for the conversion of functions to performance by either 
    Department of Defense civilian personnel or for conversion to 
    performance by contractor personnel; or
        ``(5) the imposition of a civilian hiring freeze that may 
    inhibit the implementation of the policies and procedures 
    established under subsection (a).''.
    (b) Clerical Amendment.--The item relating to section 129a in the 
table of sections at the beginning of chapter 3 of such title is 
amended to read as follows:

``129a. General policy for total force management.''.
    SEC. 932. REVISIONS TO DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 
      MANAGEMENT CONSTRAINTS.
    Section 129 of title 10, United States Code, is amended--
        (1) in subsection (a)--
            (A) by inserting after ``(1)'' the following: ``the total 
        force management policies and procedures established under 
        section 129a of this title, (2)''; and
            (B) by striking ``department and (2)'' and inserting 
        ``department, and (3)'';
        (2) in subsection (d), by striking ``within that budget 
    activity for which funds are provided for that fiscal year.'' and 
    inserting ``within that budget activity as determined under the 
    total force management policies and procedures established under 
    section 129a of this title.''; and
        (3) in subsection (e), by striking the sentence beginning with 
    ``With respect to''.
    SEC. 933. ADDITIONAL AMENDMENTS RELATING TO TOTAL FORCE MANAGEMENT.
    (a) Amendments to Secretary of Defense Report.--Section 113(l) of 
title 10, United States Code, is amended to read as follows:
    ``(l)(1) The Secretary shall include in the annual report to 
Congress under subsection (c) the following:
        ``(A) A comparison of the amounts provided in the defense 
    budget for support and for mission activities for each of the 
    preceding five fiscal years.
        ``(B) A comparison of the following for each of the preceding 
    five fiscal years:
            ``(i) The number of military personnel, shown by major 
        occupational category, assigned to support positions or to 
        mission positions.
            ``(ii) The number of civilian personnel, shown by major 
        occupational category, assigned to support positions or to 
        mission positions.
            ``(iii) The number of contractor personnel performing 
        support functions.
        ``(C) An accounting for each of the preceding five fiscal years 
    of the following:
            ``(i) The number of military and civilian personnel, shown 
        by armed force and by major occupational category, assigned to 
        support positions.
            ``(ii) The number of contractor personnel performing 
        support functions.
        ``(D) An identification, for each of the three workforce 
    sectors (military, civilian, and contractor) of the percentage of 
    the total number of personnel in that workforce sector that is 
    providing support to headquarters and headquarters support 
    activities for each of the preceding five fiscal years.
    ``(2) Contractor personnel shall be determined for purposes of 
paragraph (1) by using contractor full-time equivalents, based on the 
inventory required under section 2330a of this title.''.
    (b) Amendments Relating to Certain Guidelines.--Section 1597(b) of 
title 10, United States Code, is amended by inserting after the first 
sentence the following: ``In establishing the guidelines, the Secretary 
shall ensure that nothing in the guidelines conflicts with the 
requirements of section 129 of this title or the policies and 
procedures established under section 129a of this title.''.
    (c) Amendment to Requirements for Acquisition of Services.--Section 
863 of the Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111-383; 124 Stat. 4293; 10 U.S.C. 2330 note) is 
amended by adding at the end of subsection (d) the following new 
paragraph:
        ``(9) Considerations relating to total force management 
    policies and procedures established under section 129a of this 
    title.''.
    SEC. 934. MODIFICATIONS OF ANNUAL DEFENSE MANPOWER REQUIREMENTS 
      REPORT.
    Section 115a(a) of title 10, United States Code, is amended--
        (1) by striking ``and'' at the end of paragraph (1); and
        (2) by striking paragraph (2) and inserting the following new 
    paragraphs (2) and (3):
        ``(2) the annual civilian personnel requirements level for each 
    component of the Department of Defense for the next fiscal year and 
    the civilian end-strength level for the prior fiscal year; and
        ``(3) the projected number of contractor personnel full-time 
    equivalents required to provide contract services (as that term is 
    defined in section 235 of this title) for each component of the 
    Department of Defense for the next fiscal year and the contractor 
    personnel full-time equivalents that provided contract services for 
    each component of the Department of Defense for the prior fiscal 
    year as reported in the inventory of contracts for services 
    required by section 2330a(c) of this title.''.
    SEC. 935. REVISIONS TO STRATEGIC WORKFORCE PLAN.
    (a) Revision in Reporting Period.--
        (1) In general.--Section 115b of title 10, United States Code, 
    is amended--
            (A) in the section heading, by striking ``Annual 
        strategic'' and inserting ``Biennial strategic'';
            (B) in the heading of subsection (a), by striking 
        ``Annual'' and inserting ``Biennial''; and
            (C) in subsection (a)(1), by striking ``on an annual 
        basis'' and inserting ``in every even-numbered year''.
        (2) Clerical amendment.--The table of sections for chapter 2 of 
    such title is amended by striking the item relating to section 115b 
    and inserting the following:

``115b. Biennial strategic workforce plan.''.

    (b) Revision in Assessment Contents and Period.--Section 115b(b)(1) 
of such title is amended--
        (1) in subparagraph (A), by striking ``seven-year period 
    following the year in which the plan is submitted'' and inserting 
    ``five-year period corresponding to the current future-years 
    defense program under section 221 of this title''; and
        (2) in subparagraph (B), by inserting before the semicolon at 
    the end the following: ``, as determined under the total force 
    management policies and procedures established under section 129a 
    of this title''.
    (c) Reference to Section 129a.--Section 115b(c)(2)(D) of such title 
is amended by inserting before the period at the end the following: 
``and the policies and procedures established under section 129a of 
this title''.
    SEC. 936. AMENDMENTS TO REQUIREMENT FOR INVENTORY OF CONTRACTS FOR 
      SERVICES.
    (a) Amendments Relating to Inventory.--Section 2330a(c)(1) of title 
10, United States Code, is amended--
        (1) by inserting after ``pursuant to contracts for services'' 
    the following: ``(and pursuant to contracts for goods to the extent 
    services are a significant component of performance as identified 
    in a separate line item of a contract)'';
        (2) in subparagraph (A)--
            (A) by striking ``and'' at the end of clause (i); and
            (B) by striking clause (ii) and inserting the following:
            ``(ii) the calculation of contractor full-time equivalents 
        for direct labor, using direct labor hours in a manner that is 
        comparable to the calculation of Department of Defense civilian 
        full-time employees; and
            ``(iii) the conduct and completion of the annual review 
        required under subsection (e)(1).''; and
        (3) in subparagraph (B), by inserting ``for requirements 
    relating to acquisition'' before the period.
    (b) Amendments Relating to Review and Planning Requirements.--
Section 2330a(e) of such title is amended--
        (1) by inserting ``and'' at the end of paragraph (2);
        (2) by striking ``; and'' at the end of paragraph (3) and 
    inserting a period; and
        (3) by striking paragraph (4).
    (c) Development of Plan and Enforcement and Approval Mechanisms.--
Section 2330a of such title is further amended--
        (1) by redesignating subsections (f) and (g) as subsections (g) 
    and (h), respectively; and
        (2) by inserting after subsection (e) the following new 
    subsection (f):
    ``(f) Development of Plan and Enforcement and Approval 
Mechanisms.--The Secretary of the military department or head of the 
Defense Agency responsible for activities in the inventory shall 
develop a plan, including an enforcement mechanism and approval 
process, to--
        ``(1) provide for the use of the inventory by the military 
    department or Defense Agency to implement the requirements of 
    section 129a of this title;
        ``(2) ensure the inventory is used to inform strategic 
    workforce planning;
        ``(3) facilitate use of the inventory for compliance with 
    section 235 of this title; and
        ``(4) provide for appropriate consideration of the conversion 
    of activities identified under subsection (e)(3) within a 
    reasonable period of time.''.
    SEC. 937. PRELIMINARY PLANNING AND DURATION OF PUBLIC-PRIVATE 
      COMPETITIONS.
    Section 2461(a)(5) of title 10, United States Code, is amended--
        (1) in subparagraph (E)--
            (A) by striking ``, begins'' and inserting ``shall be 
        conducted in accordance with guidance and procedures that shall 
        be issued and maintained by the Under Secretary of Defense for 
        Personnel and Readiness and shall begin'';
            (B) by inserting after ``the date on which'' the following: 
        ``a component of'';
            (C) by inserting ``first'' before ``obligates'';
            (D) by inserting ``specifically'' after ``funds'';
            (E) by inserting ``for the preliminary planning effort'' 
        after ``support''; and
            (F) in clause (i), by inserting ``a public-private'' before 
        ``competition''; and
        (2) in subparagraph (F)--
            (A) by inserting ``or Defense Agency'' after ``military 
        department'';
            (B) by striking ``of such date'' and inserting ``of the 
        actions intended to be taken during the preliminary planning 
        process'';
            (C) by inserting ``of such actions'' after ``public 
        notice'';
            (D) by inserting after ``website'' the following: ``and 
        through other means as determined necessary''; and
            (E) by striking ``Such date is the first day of preliminary 
        planning for a public-private competition for'' and inserting 
        ``The date of such announcement shall be used for''.
    SEC. 938. CONVERSION OF CERTAIN FUNCTIONS FROM CONTRACTOR 
      PERFORMANCE TO PERFORMANCE BY DEPARTMENT OF DEFENSE CIVILIAN 
      EMPLOYEES.
    Section 2463 of title 10, United States Code, is amended--
        (1) in subsection (b)(1)--
            (A) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (E), and (F), respectively;
            (B) by striking subparagraph (A) and inserting the 
        following new subparagraphs (A) and (B):
            ``(A) is a critical function that--
                ``(i) is necessary to maintain sufficient Government 
            expertise and technical capabilities; or
                ``(ii) entails operational risk associated with 
            contractor performance;
            ``(B) is an acquisition workforce function;''; and
            (C) by inserting after subparagraph (C), as redesignated by 
        subparagraph (A), the following new subparagraph (D):
            ``(D) has been performed by Department of Defense civilian 
        employees at any time during the previous 10-year period;'';
        (2) by redesignating subsection (e) as subsection (g);
        (3) by inserting after subsection (d) the following new 
    subsections (e) and (f):
    ``(e) Determinations Relating to the Conversion of Certain 
Functions.--(1) Except as provided in paragraph (2), in determining 
whether a function should be converted to performance by Department of 
Defense civilian employees, the Secretary of Defense shall--
        ``(A) develop methodology for determining costs based on the 
    guidance outlined in the Directive-Type Memorandum 09-007 entitled 
    `Estimating and Comparing the Full Costs of Civilian and Military 
    Manpower and Contractor Support' or any successor guidance for the 
    determination of costs when costs are the sole basis for the 
    determination;
        ``(B) take into consideration any supplemental guidance issued 
    by the Secretary of a military department for determinations 
    affecting functions of that military department; and
        ``(C) ensure that the difference in the cost of performing the 
    function by a contractor compared to the cost of performing the 
    function by Department of Defense civilian employees would be equal 
    to or exceed the lesser of--
            ``(i) 10 percent of the personnel-related costs for 
        performance of that function; or
            ``(ii) $10,000,000.
    ``(2) Paragraph (1) shall not apply to any function that is 
inherently governmental or any function described in subparagraph (A), 
(B), or (C) of subsection (b)(1).
    ``(f) Notification Relating to the Conversion of Certain 
Functions.--The Secretary of Defense shall establish procedures for the 
timely notification of any contractor who performs a function that the 
Secretary plans to convert to performance by Department of Defense 
civilian employees pursuant to subsection (a). The Secretary shall 
provide a copy of any such notification to the congressional defense 
committees.''; and
        (4) in subsection (g), as redesignated by paragraph (2)--
            (A) by striking ``this section'' and all that follows and 
        inserting ``this section:''; and
            (B) by adding at the end the following new paragraphs:
        ``(1) The term `functions closely associated with inherently 
    governmental functions' has the meaning given that term in section 
    2383(b)(3) of this title.
        ``(2) The term `acquisition function' has the meaning given 
    that term under section 1721(a) of this title.
        ``(3) The term `inherently governmental function' has the 
    meaning given that term in the Federal Activities Inventory Reform 
    Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note).''.

     Subtitle E--Quadrennial Roles and Missions and Related Matters

    SEC. 941. CHAIRMAN OF THE JOINT CHIEFS OF STAFF ASSESSMENT OF 
      CONTINGENCY PLANS.
    Section 153(b) of title 10, United States Code, is amended--
        (1) in paragraph (1), by striking ``assessment of'' and all 
    that follows through the period and inserting: ``assessment of--
            ``(A) the nature and magnitude of the strategic and 
        military risks associated with executing the missions called 
        for under the current National Military Strategy; and
            ``(B) the critical deficiencies and strengths in force 
        capabilities (including manpower, logistics, intelligence, and 
        mobility support) identified during the preparation and review 
        of contingency plans of each geographic combatant commander, 
        and the effect of such deficiencies and strengths on strategic 
        plans and on meeting national security objectives and 
        policy.''; and
        (2) in paragraph (2)--
            (A) by inserting after ``National Military Strategy is 
        significant,'' the following, ``or that critical deficiencies 
        in force capabilities exist for a contingency plan,''; and
            (B) by inserting ``or deficiency'' before the period at the 
        end.
    SEC. 942. QUADRENNIAL DEFENSE REVIEW.
    Paragraph (4) of section 118(b) of title 10, United States Code, is 
amended to read as follows:
        ``(4) to make recommendations that are not constrained to 
    comply with and are fully independent of the budget submitted to 
    Congress by the President pursuant to section 1105 of title 31.''.

                       Subtitle F--Other Matters

    SEC. 951. ACTIVITIES TO IMPROVE MULTILATERAL, BILATERAL, AND 
      REGIONAL COOPERATION REGARDING CYBERSECURITY.
    (a) Establishment of Cybersecurity Program.--
        (1) In general.--Chapter 53 of title 10, United States Code, is 
    amended by inserting after section 1051b the following new section:
``Sec. 1051c. Multilateral, bilateral, or regional cooperation 
     programs: assignments to improve education and training in 
     information security
    ``(a) Assignments Authorized; Purpose.--The Secretary of Defense 
may authorize the temporary assignment of a member of the military 
forces of a foreign country to a Department of Defense organization for 
the purpose of assisting the member to obtain education and training to 
improve the member's ability to understand and respond to information 
security threats, vulnerabilities of information security systems, and 
the consequences of information security incidents.
    ``(b) Payment of Certain Expenses.--To facilitate the assignment of 
a member of a foreign military force to a Department of Defense 
organization under subsection (a), the Secretary of Defense may pay 
such expenses in connection with the assignment as the Secretary 
considers in the national security interests of the United States.
    ``(c) Protection of Department Cybersecurity.--In authorizing the 
temporary assignment of members of foreign military forces to 
Department of Defense organizations under subsection (a), the Secretary 
of Defense shall require the inclusion of adequate safeguards to 
prevent any compromising of Department information security.
    ``(d) Multi-year Availability of Funds.--Funds available to carry 
out this section shall be available, to the extent provided in 
appropriations Acts, for programs and activities under this section 
that begin in a fiscal year and end in the following fiscal year.
    ``(e) Information Security Defined.--In this section, the term 
`information security' refers to--
        ``(1) the confidentiality, integrity, or availability of an 
    information system or the information such system processes, 
    stores, or transmits; and
        ``(2) the security policies, security procedures, or acceptable 
    use policies with respect to an information system.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of such chapter is amended by inserting after the item relating to 
    section 1051b the following new item:

``1051c. Multilateral, bilateral, or regional cooperation programs: 
          assignments to improve education and training in information 
          security.''.

    (b) Report on Expansion of Fellowship Opportunities.--Not later one 
year after the date of the enactment of this Act, the Secretary of 
Defense shall submit to Congress a report evaluating the feasibility 
and benefits of expanding the fellowship program authorized by section 
1051c of title 10, United States Code, as added by subsection (a), to 
include ministry of defense officials, security officials, or other 
civilian officials of foreign countries.
    SEC. 952. REPORT ON UNITED STATES SPECIAL OPERATIONS COMMAND 
      STRUCTURE.
    (a) Report.--Not later than March 1, 2012, the Secretary of Defense 
shall submit to the congressional defense committees a study of the 
United States Special Operations Command sub-unified structure.
    (b) Elements.--The report required under this section shall 
include, at a minimum, the following:
        (1) Recommendations to revise as necessary the present command 
    structure to better support development and deployment of joint 
    special operations forces and capabilities.
        (2) Any other matters the Secretary considers appropriate.
    (c) Form.--The report required under this section shall be 
submitted in unclassified form, but may include a classified annex.
    SEC. 953. 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. 954. MILITARY ACTIVITIES IN CYBERSPACE.
    Congress affirms that the Department of Defense has the capability, 
and upon direction by the President may conduct offensive operations in 
cyberspace to defend our Nation, Allies and interests, subject to--
        (1) the policy principles and legal regimes that the Department 
    follows for kinetic capabilities, including the law of armed 
    conflict; and
        (2) the War Powers Resolution (50 U.S.C. 1541 et seq.).

                      TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Additional requirements relating to the development of the 
          Financial Improvement and Audit Readiness Plan.
Sec. 1003A. Display of procurement of equipment for the reserve 
          components of the Armed Forces under estimated expenditures 
          for procurement in future-years defense programs.

                   Subtitle B--Counter-Drug Activities

Sec. 1004. Extension of authority for joint task forces to provide 
          support to law enforcement agencies conducting counter-
          terrorism activities.
Sec. 1005. Three-year extension and modification of authority of 
          Department of Defense to provide additional support for 
          counterdrug activities of other governmental agencies.
Sec. 1006. Two-year extension and expansion of authority to provide 
          additional support for counter-drug activities of certain 
          foreign governments.
Sec. 1007. Extension of authority to support unified counter-drug and 
          counterterrorism campaign in Colombia.
Sec. 1008. Reporting requirement on expenditures to support foreign 
          counter-drug activities.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1011. Budgeting for construction of naval vessels.
Sec. 1012. Sense of Congress on naming of Naval vessel after United 
          States Marine Corps Sergeant Rafael Peralta.
Sec. 1013. Limitation on availability of funds for placing Maritime 
          Prepositioning Ship squadrons on reduced operating status.
Sec. 1014. Report on policies and practices of the Navy for naming the 
          vessels of the Navy.
Sec. 1015. Transfer of certain high-speed ferries to the Navy.
Sec. 1016. Modification of conditions on status of retired aircraft 
          carrier ex-John F. Kennedy.
Sec. 1017. Assessment of stationing of additional DDG-51 class 
          destroyers at Naval Station Mayport, Florida.

                      Subtitle D--Counterterrorism

Sec. 1021. 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. 1022. Military custody for foreign al-Qaeda terrorists.
Sec. 1023. Procedures for periodic detention review of individuals 
          detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1024. Procedures for status determinations.
Sec. 1025. Requirement for national security protocols governing 
          detainee communications.
Sec. 1026. 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. 1027. Prohibition on the use of funds for the transfer or release 
          of individuals detained at United States Naval Station, 
          Guantanamo Bay, Cuba.
Sec. 1028. 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. 1029. Requirement for consultation regarding prosecution of 
          terrorists.
Sec. 1030. Clarification of right to plead guilty in trial of capital 
          offense by military commission.
Sec. 1031. Counterterrorism operational briefing requirement.
Sec. 1032. National security planning guidance to deny safe havens to 
          al-Qaeda and its violent extremist affiliates.
Sec. 1033. Extension of authority to make rewards for combating 
          terrorism.
Sec. 1034. Amendments relating to the Military Commissions Act of 2009.

                       Subtitle E--Nuclear Forces

Sec. 1041. Biennial assessment and report on the delivery platforms for 
          nuclear weapons and the nuclear command and control system.
Sec. 1042. Plan on implementation of the New START Treaty.
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, 
          nuclear weapons complex, nuclear weapons delivery systems, and 
          nuclear weapons command and control system.
Sec. 1044. Sense of Congress on nuclear force reductions.
Sec. 1045. Nuclear force reductions.
Sec. 1046. Nuclear employment strategy of the United States.
Sec. 1047. Comptroller General report on nuclear weapon capabilities and 
          force structure requirements.
Sec. 1048. Report on feasibility of joint replacement fuze program.

                    Subtitle F--Financial Management

Sec. 1051. Modification of authorities on certification and credential 
          standards for financial management positions in the Department 
          of Defense.
Sec. 1052. Reliability of Department of Defense financial statements.
Sec. 1053. Inclusion of plan on the financial management workforce in 
          the strategic workforce plan of the Department of Defense.
Sec. 1054. Tracking implementation of Department of Defense 
          efficiencies.

      Subtitle G--Repeal and Modification 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.
Sec. 1064. Modification of reporting requirements under title 10, United 
          States Code.
Sec. 1065. Modification of reporting requirements under other titles of 
          the United States Code.
Sec. 1066. Modification of reporting requirements under annual defense 
          authorization acts.
Sec. 1067. Modification of reporting requirements under other laws.

                     Subtitle H--Studies and Reports

Sec. 1068. Transmission of reports in electronic format.
Sec. 1069. Modifications to annual aircraft procurement plan.
Sec. 1070. Change of deadline for annual report to Congress on National 
          Guard and reserve component equipment.
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear 
          weapons, and related programs in non-nuclear weapons states 
          and countries not parties to the nuclear non-proliferation 
          treaty, and certain foreign persons.
Sec. 1072. Implementation plan for whole-of-government vision prescribed 
          in the National Security Strategy.
Sec. 1073. Reports on resolution restrictions on the commercial sale or 
          dissemination of eletro-optical imagery collected by 
          satellites.
Sec. 1074. Report on integration of unmanned aerial systems into the 
          national airspace system.
Sec. 1075. Report on feasibility of using unmanned aerial systems to 
          perform airborne inspection of navigational aids in foreign 
          airspace.
Sec. 1076. Comptroller General review of medical research and 
          development relating to improved combat casualty care.
Sec. 1077. Reports to Congress on the modification of the force 
          structure for the strategic nuclear weapons delivery systems 
          of the United States.
Sec. 1078. Comptroller General of the United States reports on the major 
          automated information system programs of the Department of 
          Defense.
Sec. 1079. Report on Defense Department analytic capabilities regarding 
          foreign ballistic missile threats.
Sec. 1080. Report on approval and implementation of Air Sea Battle 
          Concept.
Sec. 1080A. Report on costs of units of the reserve components and the 
          active components of the Armed Forces.

          Subtitle I--Miscellaneous Authorities and Limitations

Sec. 1081. Authority for assignment of civilian employees of the 
          Department of Defense as advisors to foreign ministries of 
          defense.
Sec. 1082. Exemption from Freedom of Information Act for data files of 
          the military flight operations quality assurance systems of 
          the military departments.
Sec. 1083. Limitation on procurement and fielding of light attack armed 
          reconnaissance aircraft.
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low 
          rate initial production at certain prototype integration 
          facilities.
Sec. 1085. Use of State Partnership Program funds for certain purposes.

                        Subtitle J--Other Matters

Sec. 1086. Redesignation of psychological operations as military 
          information support operations in title 10, United States 
          Code, to conform to Department of Defense usage.
Sec. 1087. Termination of requirement for appointment of civilian 
          members of National Security Education Board by and with the 
          advice and consent of the Senate.
Sec. 1088. Sense of Congress on application of moratorium on earmarks to 
          this Act.
Sec. 1089. Technical amendment.
Sec. 1090. Cybersecurity collaboration between the Department of Defense 
          and the Department of Homeland Security.
Sec. 1091. Treatment under Freedom of Information Act of certain 
          Department of Defense critical infrastructure security 
          information.
Sec. 1092. Expansion of scope of humanitarian demining assistance 
          program to include stockpiled conventional munitions 
          assistance.
Sec. 1093. Number of Navy carrier air wings and carrier air wing 
          headquarters.
Sec. 1094. Display of annual budget requirements for organizational 
          clothing and individual equipment.
Sec. 1095. National Rocket Propulsion Strategy.
Sec. 1096. Grants to certain regulated companies for specified energy 
          property not subject to normalization rules.
Sec. 1097. Unmanned aerial systems and national airspace.
Sec. 1098. 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.

                     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 $4,000,000,000.
        (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 subsection (a) 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).
    (e) National Nuclear Security Administration.--
        (1) Transfer authorized.--If the amount authorized to be 
    appropriated for the weapons activities of the National Nuclear 
    Security Administration for fiscal year 2012 is less than the 
    $7,629,716,000 requested for such activities in the President's 
    budget request for that fiscal year, the Secretary of Defense may 
    transfer, from amounts made available for the Department of Defense 
    for fiscal year 2012 pursuant to an authorization of appropriations 
    under this Act, to the Secretary of Energy an amount up to 
    $125,000,000 to be available only for the weapons activities of the 
    National Nuclear Security Administration.
        (2) Notice to congress.--In the event of a transfer under 
    paragraph (1), the Secretary of Defense shall promptly notify 
    Congress of the transfer and shall include in such notice the 
    Department of Defense account or accounts from which the funds are 
    transferred.
        (3) Transfer authority.--The transfer authority provided under 
    this subsection is in addition to any other transfer authority 
    provided under this Act.
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.
    The budgetary effects of this Act, for the purposes 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, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted prior to 
the vote on passage in the House acting first on the conference report 
or amendment between the Houses.
SEC. 1003. ADDITIONAL REQUIREMENTS RELATING TO THE DEVELOPMENT OF THE 
FINANCIAL IMPROVEMENT AND AUDIT READINESS PLAN.
    (a) Planning Requirement.--
        (1) In general.--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 support the goal 
    established by the Secretary of Defense that the statement of 
    budgetary resources is validated for audit by not later than 
    September 30, 2014. Consistent with the requirements of such 
    section, the plan shall include process and control improvements 
    and business systems modernization efforts necessary for the 
    Department of Defense to consistently prepare timely, reliable, and 
    complete financial management information.
        (2) Semiannual updates.--The reports to be issued pursuant to 
    such section after the report described in paragraph (1) shall 
    update the plan required by such paragraph and explain how the 
    Department has progressed toward meeting the milestones established 
    in the plan.
    (b) Inclusion of Subordinate Activities for Interim Milestones.--
For each interim milestone established pursuant to section 881 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111-383; 124 Stat. 4306; 10 U.S.C. 2222 note), the Under 
Secretary of Defense (Comptroller), in consultation with the Deputy 
Chief Management Officer of the Department of Defense, the Secretaries 
of the military departments, and the heads of the defense agencies and 
defense field activities, shall include a detailed description of the 
subordinate activities necessary to accomplish each interim milestone, 
including--
        (1) a justification of the time required for each activity;
        (2) metrics identifying the progress made within each activity; 
    and
        (3) mitigating strategies for milestone timeframe slippages.
    (c) Report Required.--
        (1) In general.--The Secretary of Defense shall submit to 
    Congress a report relating to the Financial Improvement and Audit 
    Readiness Plan of the Department of Defense submitted in accordance 
    with section 1003 of the National Defense Authorization Act for 
    2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222 note) and 
    section 881 of the Ike Skelton National Defense Authorization Act 
    for Fiscal Year 2011 (Public Law 111-383; 121 Stat. 4306; 10 U.S.C. 
    2222 note).
        (2) Matters covered.--The report shall include a corrective 
    action plan for any identified weaknesses or deficiencies in the 
    execution of the Financial Improvement and Audit Readiness Plan. 
    The corrective action plan shall--
            (A) identify near- and long-term measures for resolving any 
        such weaknesses or deficiencies;
            (B) assign responsibilities within the Department of 
        Defense to implement such measures;
            (C) specify implementation steps for such measures; and
            (D) provide timeframes for implementation of such measures.
SEC. 1003A. 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.

                  Subtitle B--Counter-Drug Activities

SEC. 1004. 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 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. 1005. THREE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF 
DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR COUNTERDRUG 
ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.
    (a) Three-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 ``During fiscal years 2012 through 2014''.
    (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' means a federally recognized 
    Indian tribe.
        ``(2) The term `tribal government' means the governing body of 
    an Indian tribe, the status of whose land is `Indian country' as 
    defined in section 1151 of title 18, United States Code, or held in 
    trust by the United States for the benefit of the Indian tribe.
        ``(3) The term `tribal law enforcement agency' means the law 
    enforcement agency of a tribal government.''.
SEC. 1006. TWO-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 ``2013''.
    (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 ``2013''.
    (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. 1007. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG AND 
COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
     Section 1021 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 amended--
        (1) in subsection (a), by striking ``2011'' and inserting 
    ``2012''; and
        (2) in subsection (c), by striking ``2011'' and inserting 
    ``2012''.
SEC. 1008. 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''.

                Subtitle C--Naval Vessels and Shipyards

SEC. 1011. BUDGETING FOR CONSTRUCTION OF NAVAL VESSELS.
    (a) Annual Plan.--Section 231 of title 10, United States Code, is 
amended to read as follows:
``Sec. 231. Budgeting for construction of naval vessels: annual plan 
   and certification
    ``(a) Annual Naval Vessel Construction Plan and Certification.--The 
Secretary of Defense shall include with the defense budget materials 
for a fiscal year--
        ``(1) a plan for the construction of combatant and support 
    vessels for the Navy developed in accordance with this section; and
        ``(2) a certification by the Secretary that both the budget for 
    that fiscal year and the future-years defense program submitted to 
    Congress in relation to such budget under section 221 of this title 
    provide for funding of the construction of naval vessels at a level 
    that is sufficient for the procurement of the vessels provided for 
    in the plan under paragraph (1) on the schedule provided in that 
    plan.
    ``(b) Annual Naval Vessel Construction Plan.--(1) The annual naval 
vessel construction plan developed for a fiscal year for purposes of 
subsection (a)(1) should be designed so that the naval vessel force 
provided for under that plan is capable of supporting the national 
security strategy of the United States as set forth in the most recent 
national security strategy report of the President under section 108 of 
the National Security Act of 1947 (50 U.S.C. 404a), except that, if at 
the time such plan is submitted with the defense budget materials for 
that fiscal year, a national security strategy report required under 
such section 108 has not been submitted to Congress as required by 
paragraph (2) or paragraph (3), if applicable, of subsection (a) of 
such section, then such annual plan should be designed so that the 
naval vessel force provided for under that plan is capable of 
supporting the ship force structure recommended in the report of the 
most recent quadrennial defense review.
    ``(2) Each such naval vessel construction plan shall include the 
following:
        ``(A) A detailed program for the construction of combatant and 
    support vessels for the Navy over the next 30 fiscal years.
        ``(B) A description of the necessary naval vessel force 
    structure to meet the requirements of the national security 
    strategy of the United States or the most recent quadrennial 
    defense review, whichever is applicable under paragraph (1).
        ``(C) The estimated levels of annual funding necessary to carry 
    out the program, together with a discussion of the procurement 
    strategies on which such estimated levels of annual funding are 
    based.
    ``(c) Assessment When Vessel Construction Budget Is Insufficient to 
Meet Applicable Requirements.--If the budget for a fiscal year provides 
for funding of the construction of naval vessels at a level that is not 
sufficient to sustain the naval vessel force structure specified in the 
naval vessel construction plan for that fiscal year under subsection 
(a), the Secretary shall include with the defense budget materials for 
that fiscal year an assessment that describes and discusses the risks 
associated with the reduced force structure of naval vessels that will 
result from funding naval vessel construction at such level. Such 
assessment shall be coordinated in advance with the commanders of the 
combatant commands.
    ``(d) CBO Evaluation.--Not later than 60 days after the date on 
which the congressional defense committees receive the plan under 
subsection (a)(1), the Director of the Congressional Budget Office 
shall submit to such committees a report assessing the sufficiency of 
the estimated levels of annual funding included in such plan with 
respect to the budget submitted during the year in which the plan is 
submitted and the future-years defense program submitted under section 
221 of this title.
    ``(e) Definitions.--In this section:
        ``(1) The term `budget', with respect to a fiscal year, means 
    the budget for that fiscal year that is submitted to Congress by 
    the President under section 1105(a) of title 31.
        ``(2) The term `defense budget materials', with respect to a 
    fiscal year, means the materials submitted to Congress by the 
    Secretary of Defense in support of the budget for that fiscal year.
        ``(3) The term `quadrennial defense review' means the review of 
    the defense programs and policies of the United States that is 
    carried out every four years under section 118 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of such title is amended by striking the item relating to 
section 231 and inserting the following new item:

``231. Budgeting for construction of naval vessels: annual plan and 
          certification''.
SEC. 1012. SENSE OF CONGRESS ON NAMING OF NAVAL VESSEL AFTER UNITED 
STATES MARINE CORPS SERGEANT RAFAEL PERALTA.
    It is the sense of Congress that the Secretary of the Navy is 
encouraged to name the next available Naval vessel after United States 
Marine Corps Sergeant Rafael Peralta.
SEC. 1013. 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. 1014. 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. 1015. 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).
SEC. 1016. 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. 1017. 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.

                      Subtitle D--Counterterrorism

SEC. 1021. 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; 50 U.S.C. 
1541 note) 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. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.
    (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 
    1021 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 1021(c), except that no transfer 
    otherwise described in paragraph (4) of that section shall be made 
    unless consistent with the requirements of section 1028.
        (4) Waiver for national security.--The President may waive the 
    requirement of paragraph (1) if the President 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 which is ongoing at the time 
        the determination is made and does not require the interruption 
        of any such ongoing interrogation.
            (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) Authorities.--Nothing in this section shall be construed to 
affect the existing criminal enforcement and national security 
authorities of the Federal Bureau of Investigation or any other 
domestic law enforcement agency with regard to a covered person, 
regardless whether such covered person is held in military custody.
    (e) 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. 1023. 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; 50 U.S.C. 1541 note).
    (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;
        (3) clarify that the periodic review process applies to any 
    individual who is detained as an unprivileged enemy belligerent at 
    United States Naval Station, Guantanamo Bay, Cuba, at any time; and
        (4) 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. 1024. 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; 50 
U.S.C. 1541 note) for purposes of section 1021.
    (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) Applicability.--The Secretary of Defense is not required to 
apply the procedures required by this section in the case of a person 
for whom habeas corpus review is available in a Federal court.
    (d) 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.
    (e) 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. 1025. REQUIREMENT FOR NATIONAL SECURITY PROTOCOLS GOVERNING 
DETAINEE COMMUNICATIONS.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall develop and 
submit to the congressional defense committees a national security 
protocol governing communications to and from individuals detained at 
United States Naval Station, Guantanamo Bay, Cuba, pursuant to the 
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 
1541 note), and related issues.
    (b) Contents.--The protocol developed pursuant to subsection (a) 
shall include Department of Defense policies and procedures regarding 
each of the following:
        (1) Detainee access to military or civilian legal 
    representation, or both, including any limitations on such access 
    and the manner in which any applicable legal privileges will be 
    balanced with national security considerations.
        (2) Detainee communications with persons other than Federal 
    Government personnel and members of the Armed Forces, including 
    meetings, mail, phone calls, and video teleconferences, including--
            (A) any limitations on categories of information that may 
        be discussed or materials that may be shared; and
            (B) the process by which such communications or materials 
        are to be monitored or reviewed.
        (3) The extent to which detainees may receive visits by persons 
    other than military or civilian representatives.
        (4) The measures planned to be taken to implement and enforce 
    the provisions of the protocol.
    (c) Updates.--The Secretary of Defense shall notify the 
congressional defense committees of any significant change to the 
policies and procedures described in the protocol submitted pursuant to 
subsection (a) not later than 30 days after such change is made.
    (d) Form of Protocol.--The protocol submitted pursuant to 
subsection (a) may be submitted in classified form.
SEC. 1026. 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 1028(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. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE 
OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA.
    None of the funds authorized to be appropriated by this Act for 
fiscal year 2012 may be used to transfer, release, or assist in the 
transfer or release to or within the United States, its territories, or 
possessions of Khalid Sheikh Mohammed or any other detainee who--
        (1) is not a United States citizen or a member of the Armed 
    Forces of the United States; and
        (2) is or was held on or after January 20, 2009, at United 
    States Naval Station, Guantanamo Bay, Cuba, by the Department of 
    Defense.
SEC. 1028. 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--
        (1) 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--
            (A) is not a designated state sponsor of terrorism or a 
        designated foreign terrorist organization;
            (B) 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;
            (C) 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;
            (D) 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;
            (E) 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
            (F) has agreed to share with the United States any 
        information that--
                (i) is related to the individual or any associates of 
            the individual; and
                (ii) could affect the security of the United States, 
            its citizens, or its allies; and
        (2) includes an assessment, in classified or unclassified form, 
    of the capacity, willingness, and past practices (if applicable) of 
    the foreign country or entity in relation to the Secretary's 
    certifications.
    (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 subparagraph (D) or (E) of subsection (b)(1) or the 
    prohibition in subsection (c), if the Secretary certifies the rest 
    of the criteria required by subsection (b) for transfers prohibited 
    by subsection (c) and, 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 subparagraph (D) or (E) of 
        subsection (b)(1), 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 subparagraph (D) or (E) 
            of subsection (b)(1), an explanation why it is not possible 
            to certify that the risks addressed in the subparagraph 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 subparagraph or subsection to be waived.
            (D) The assessment required by subsection (b)(2).
    (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. 1029. REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF 
TERRORISTS.
    (a) In General.--Before seeking an indictment of, or otherwise 
charging, an individual described in subsection (b) in a Federal court, 
the Attorney General shall consult with the Director of National 
Intelligence and the Secretary of Defense about--
        (1) whether the more appropriate forum for prosecution would be 
    a Federal court or a military commission; and
        (2) whether the individual should be held in civilian custody 
    or military custody pending prosecution.
    (b) Applicability.--The consultation requirement in subsection (a) 
applies to--
        (1) a person who is subject to the requirements of section 
    1022, in accordance with a determination made pursuant to 
    subsection (a)(2) of such section; and
        (2) any other person who is held in military detention outside 
    of the United States pursuant to the authority affirmed by section 
    1021.
SEC. 1030. 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--
        (1) in the first sentence of subsection (b)--
            (A) by inserting after ``military judge'' the following: 
        ``, including a charge or specification that has been referred 
        capital,'';
            (B) by inserting ``by the military judge'' after ``may be 
        entered''; and
            (C) by inserting ``by the members'' after ``vote''; and
        (2) 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.''.
SEC. 1031. COUNTERTERRORISM OPERATIONAL BRIEFING REQUIREMENT.
    (a) Briefings Required.--Beginning not later than March 1, 2012, 
the Secretary of Defense shall provide to the congressional defense 
committees quarterly briefings outlining Department of Defense 
counterterrorism operations and related activities involving special 
operations forces.
    (b) Elements.--Each briefing under subsection (a) shall include 
each of the following:
        (1) A global update on activity within each geographic 
    combatant command.
        (2) An overview of authorities and legal issues including 
    limitations.
        (3) An outline of interagency activities and initiatives.
        (4) Any other matters the Secretary considers appropriate.
SEC. 1032. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO 
AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES.
    (a) Purpose.--The purpose of this section is to improve interagency 
strategic planning and execution to more effectively integrate efforts 
to deny safe havens and strengthen at-risk states to further the goals 
of the National Security Strategy related to the disruption, 
dismantlement, and defeat of al-Qaeda and its violent extremist 
affiliates.
    (b) National Security Planning Guidance.--
        (1) Guidance required.--The President shall issue classified or 
    unclassified national security planning guidance in support of 
    objectives stated in the national security strategy report 
    submitted to Congress by the President pursuant to section 108 of 
    the National Security Act of 1947 (50 U.S.C. 404a) to deny safe 
    havens to al-Qaeda and its violent extremist affiliates and to 
    strengthen at-risk states. Such guidance shall serve as the 
    strategic plan that governs United States and coordinated 
    international efforts to enhance the capacity of governmental and 
    nongovernmental entities to work toward the goal of eliminating the 
    ability of al-Qaeda and its violent extremist affiliates to 
    establish or maintain safe havens.
        (2) Contents of guidance.--The guidance required under 
    paragraph (1) shall include each of the following:
            (A) A prioritized list of specified geographic areas that 
        the President determines are necessary to address and an 
        explicit discussion and list of the criteria or rationale used 
        to prioritize the areas on the list, including a discussion of 
        the conditions that would hamper the ability of the United 
        States to strengthen at-risk states or other entities in such 
        areas.
            (B) For each specified geographic area, a description, 
        analysis, and discussion of the core problems and contributing 
        issues that allow or could allow al-Qaeda and its violent 
        extremist affiliates to use the area as a safe haven from which 
        to plan and launch attacks, engage in propaganda, or raise 
        funds and other support, including any ongoing or potential 
        radicalization of the population, or to use the area as a key 
        transit route for personnel, weapons, funding, or other 
        support.
            (C) A list of short-term, mid-term, and long-term goals for 
        each specified geographic area, prioritized by importance.
            (D) A description of the role and mission of each Federal 
        department and agency involved in executing the guidance, 
        including the Departments of Defense, Justice, Treasury, and 
        State and the Agency for International Development.
            (E) A description of gaps in United States capabilities to 
        meet the goals listed pursuant to subparagraph (C), and the 
        extent to which those gaps can be met through coordination with 
        nongovernmental, international, or private sector 
        organizations, entities, or companies.
        (3) Review and update of guidance.--The President shall review 
    and update the guidance required under paragraph (1) as necessary. 
    Any such review shall address each of the following:
            (A) The overall progress made toward achieving the goals 
        listed pursuant to paragraph (2)(C), including an overall 
        assessment of the progress in denying a safe haven to al-Qaeda 
        and its violent extremist affiliates.
            (B) The performance of each Federal department and agency 
        involved in executing the guidance.
            (C) The performance of the unified country team and 
        appropriate combatant command, or in the case of a cross-border 
        effort, country teams in the area and the appropriate combatant 
        command.
            (D) Any addition to, deletion from, or change in the order 
        of the prioritized list maintained pursuant to paragraph 
        (2)(A).
        (4) Specified geographic area defined.--In this subsection, the 
    term ``specified geographic area'' means any country, subnational 
    territory, or region--
            (A) that serves or may potentially serve as a safe haven 
        for al-Qaeda or a violent extremist affiliate of al-Qaeda--
                (i) from which to plan and launch attacks, engage in 
            propaganda, or raise funds and other support; or
                (ii) for use as a key transit route for personnel, 
            weapons, funding, or other support; and
            (B) over which one or more governments or entities exert 
        insufficient governmental or security control to deny al-Qaeda 
        and its violent extremist affiliates the ability to establish a 
        large scale presence.
SEC. 1033. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING 
TERRORISM.
    Section 127b of title 10, United States Code, is amended--
        (1) in subsection (c)(3)(C), by striking ``September 30, 2011'' 
    and inserting ``September 30, 2013''; and
        (2) in subsection (f)--
            (A) in paragraph (1), by striking ``December'' and 
        inserting ``February''; and
            (B) in paragraph (2)--
                (i) in subparagraph (C)(ii), by inserting ``and the 
            recipient's geographic location'' after ``reward''; and
                (ii) by adding at the end the following new 
            subparagraphs:
            ``(E) A description of the status of program implementation 
        in each geographic combatant command.
            ``(F) A description of efforts to coordinate and de-
        conflict the authority under subsection (a) with similar 
        rewards programs administered by the United States Government.
            ``(G) An assessment of the effectiveness of the program in 
        meeting its objectives.''.
SEC. 1034. 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''.

                       Subtitle E--Nuclear Forces

SEC. 1041. BIENNIAL ASSESSMENT AND REPORT ON THE DELIVERY PLATFORMS FOR 
NUCLEAR WEAPONS AND THE NUCLEAR COMMAND AND CONTROL SYSTEM.
    (a) In General.--Chapter 23 of title 10, United States Code, is 
amended by adding after section 490 the following new section:
``Sec. 490a. Biennial assessment and report on the delivery platforms 
    for nuclear weapons and the nuclear command and control system
    ``(a) Biennial Assessments.--(1) For each even-numbered year, each 
covered official shall assess the safety, security, reliability, 
sustainability, performance, and military effectiveness of the systems 
described in paragraph (2) for which such official has responsibility.
    ``(2) The systems described in this paragraph are the following:
        ``(A) Each type of delivery platform for nuclear weapons.
        ``(B) The nuclear command and control system.
    ``(b) Biennial Report.--(1) Not later than December 1 of each even-
numbered year, each covered official shall submit to the Secretary of 
Defense and the Nuclear Weapons Council established by section 179 of 
this title a report on the assessments conducted under subsection (a).
    ``(2) Each report under paragraph (1) shall include the following:
        ``(A) The results of the assessment.
        ``(B) An identification and discussion of any capability gaps 
    or shortfalls with respect to the systems described in subsection 
    (a)(2) covered under the assessment.
        ``(C) An identification and discussion of any risks with 
    respect to meeting mission or capability requirements.
        ``(D) In the case of an assessment by the Commander of the 
    United States Strategic Command, if the Commander identifies any 
    deficiency with respect to a nuclear weapons delivery platform 
    covered under the assessment, a discussion of the relative merits 
    of any other nuclear weapons delivery platform type or compensatory 
    measure that would accomplish the mission of such nuclear weapons 
    delivery platform.
        ``(E) An identification and discussion of any matter having an 
    adverse effect on the capability of the covered official to 
    accurately determine the matters covered by the assessment.
    ``(c) Report to President and Congress.--(1) Not later than March 1 
of each year following a year for which a report under subsection (b) 
is submitted, the Secretary of Defense shall submit to the President a 
report containing--
        ``(A) each report under subsection (b) submitted during the 
    previous year, as originally submitted to the Secretary;
        ``(B) any comments that the Secretary considers appropriate 
    with respect to each such report;
        ``(C) any conclusions that the Secretary considers appropriate 
    with respect to the safety, security, reliability, sustainability, 
    performance, or military effectiveness of the systems described in 
    subsection (a)(2); and
        ``(D) any other information that the Secretary considers 
    appropriate.
    ``(2) Not later than March 15 of each year during which a report 
under paragraph (1) is submitted, the President shall transmit to the 
congressional defense committees the report submitted to the President 
under paragraph (1), including any comments the President considers 
appropriate.
    ``(3) Each report under this subsection may be in classified form 
if the Secretary of Defense determines it necessary.
    ``(d) Covered Official Defined.--In this section, the term `covered 
official' means--
        ``(1) the Commander of the United States Strategic Command;
        ``(2) the Director of the Strategic Systems Program of the 
    Navy; and
        ``(3) the Commander of the Global Strike Command of the Air 
    Force.''.
    (b) Initial Assessment and Reports.--Not later than 30 days after 
the date of enactment of this Act, each covered official, as such term 
is defined in subsection (d) of section 490a of title 10, United States 
Code, as added by subsection (a), shall conduct an initial assessment 
as described by subsection (a) of such section and submit an initial 
report as described by subsection (b) of such section. The requirements 
of subsection (c) of such section shall apply with respect to the 
report submitted under this subsection.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item related to section 
490 the following new item:

``490a. Biennial assessment and report on the delivery platforms for 
          nuclear weapons and the nuclear command and control system.''.
SEC. 1042. PLAN ON IMPLEMENTATION OF THE NEW START TREATY.
    (a) Plan Required.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of the Navy, the Secretary of the Air Force, and the 
Commander of the United States Strategic Command, shall submit to the 
congressional defense committees and to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate a plan for the Department of Defense to 
implement the nuclear force reductions, limitations, and verification 
and transparency measures contained in the New START Treaty.
    (b) Matters Included.--The plan under subsection (a) shall include 
the following:
        (1) A description of the nuclear force structure of the United 
    States under the New START Treaty, including--
            (A) the composition of intercontinental ballistic missiles, 
        submarine launched ballistic missiles, and bombers;
            (B) the planned composition of the types and quantity of 
        warheads for each delivery vehicle described in subparagraph 
        (A);
            (C) the number of nondeployed and retired warheads; and
            (D) the plans for maintaining the flexibility of the 
        nuclear force structure within the limits of the New START 
        Treaty.
        (2) A description of changes necessary to implement the 
    reductions, limitations, and verification and transparency measures 
    contained in the New START Treaty, including--
            (A) how each military department plans to implement such 
        changes; and
            (B) an identification of any programmatic, operational, or 
        policy effects resulting from such changes.
        (3) The total costs associated with the reductions, 
    limitations, and verification and transparency measures contained 
    in the New START Treaty, and the funding profile by year and 
    program element.
        (4) An implementation schedule and associated key decision 
    points.
        (5) A description of options for and feasibility of 
    accelerating the implementation of the New START Treaty, including 
    a description of any potential cost savings, benefits, or risks 
    resulting from such acceleration.
        (6) Any other information the Secretary considers necessary.
    (c) Comptroller General Review.--Not later than 180 days after the 
date on which the plan is submitted under subsection (a), the 
Comptroller General of the United States shall submit to the 
congressional defense committees a review of the plan.
    (d) Form.--The plan under subsection (a) and the review under 
subsection (c) shall be submitted in unclassified form, but may include 
a classified annex.
    (e) New START Treaty Defined.--In this section, the term ``New 
START Treaty'' means 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 on April 8, 2010, and 
entered into force on February 5, 2011.
SEC. 1043. ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, 
NUCLEAR WEAPONS COMPLEX, NUCLEAR WEAPONS DELIVERY SYSTEMS, AND NUCLEAR 
WEAPONS COMMAND AND CONTROL SYSTEM.
    (a) Report on the Plan for the Nuclear Weapons Stockpile, Nuclear 
Weapons Complex, Nuclear Weapons Delivery Systems, and Nuclear Weapons 
Command and Control System.--
        (1) In general.--Together with the budget of the President 
    submitted to Congress under section 1105(a) of title 31, United 
    States Code, for each of fiscal years 2013 through 2019, the 
    President, in consultation with the Secretary of Defense and the 
    Secretary of Energy, shall transmit to the congressional defense 
    committees, the Committee on Foreign Relations of the Senate, and 
    the Committee on Foreign Affairs of the House of Representatives a 
    detailed report on the plan for the nuclear weapons stockpile, 
    nuclear weapons complex, nuclear weapons delivery systems, and 
    nuclear weapons command and control system.
        (2) Elements.--Each report required under paragraph (1) shall 
    include the following:
            (A) A detailed description of the plan to enhance the 
        safety, security, and reliability of the nuclear weapons 
        stockpile of the United States.
            (B) A detailed description of the plan to sustain and 
        modernize the nuclear weapons complex, including improving the 
        safety of facilities, modernizing the infrastructure, and 
        maintaining the key capabilities and competencies of the 
        nuclear weapons workforce, including designers and technicians.
            (C) A detailed description of the plan to maintain, 
        modernize, and replace delivery systems for nuclear weapons.
            (D) A detailed description of the plan to sustain and 
        modernize the nuclear weapons command and control system.
            (E) A detailed description of any plans to retire, 
        dismantle, or eliminate any nuclear warheads or bombs, nuclear 
        weapons delivery systems, or any platforms (including silos and 
        submarines) which carry such nuclear warheads, bombs, or 
        delivery systems.
            (F) A detailed estimate of budget requirements, including 
        the costs associated with the plans outlined under 
        subparagraphs (A) through (E), over the 10-year period 
        following the date of the report.
            (G) A detailed description of the steps taken to implement 
        the plan submitted in the previous year, including difficulties 
        encountered in implementing the plan in the previous year.
    (b) Form.--The reports under subsection (a) shall be submitted in 
unclassified form (including as much detail as possible), but may 
include a classified annex.
SEC. 1044. SENSE OF CONGRESS ON NUCLEAR FORCE REDUCTIONS.
    It is the sense of Congress that--
        (1) any reductions in the nuclear forces of the United States 
    should be supported by a thorough assessment of the strategic 
    environment, threat, and policy and the technical and operational 
    implications of such reductions; and
        (2) specific criteria are necessary to guide future decisions 
    regarding further reductions in the nuclear forces of the United 
    States.
SEC. 1045. NUCLEAR FORCE REDUCTIONS.
    (a) Implementation of New START Treaty.--
        (1) Sense of congress.--It is the Sense of Congress that--
            (A) the United States is committed to maintaining a safe, 
        secure, reliable, and credible nuclear deterrent;
            (B) the United States should undertake and support an 
        enduring stockpile stewardship program and maintain and 
        modernize nuclear weapons production capabilities and 
        capacities to ensure the safety, security, reliability, and 
        credibility of the United States nuclear deterrent and to meet 
        requirements for hedging against possible international 
        developments or technical problems;
            (C) the United States should maintain nuclear weapons 
        laboratories and plants and preserve the intellectual 
        infrastructure, including competencies and skill sets; and
            (D) the United States should provide the necessary 
        resources to achieve these goals, using as a starting point the 
        levels set forth in the President's 10-year plan provided to 
        Congress pursuant to section 1251 of the National Defense 
        Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
        Stat. 2549).
        (2) Report.--If the President determines that an appropriations 
    Act is enacted that fails to meet the resource requirements set 
    forth in the plan referred to in section 1251 of the National 
    Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
    123 Stat. 2549), or, if at any time, determines that more resources 
    are required to carry out such plan than were estimated, the 
    President shall submit to Congress, within 60 days of making such a 
    determination, a report detailing--
            (A) a plan to address the resource shortfall;
            (B) if more resources are required to carry out the plan 
        than were estimated, the level of funding needed, and a 
        detailed explanation of the purpose or purposes for which the 
        additional resources will be used;
            (C) any effects on the safety, security, reliability, or 
        credibility of United States nuclear forces due to the 
        shortfall or the identified additional resources required; and
            (D) an explanation of whether any planned reductions in 
        United States nuclear forces are still in the national interest 
        of the United States in view of the resource shortfall or the 
        identification of additional required resources.
    (b) Annual Report on the Nuclear Weapons Stockpile of the United 
States.--
        (1) Sense of congress.--It is the sense of Congress that--
            (A) sustained investments in the nuclear weapons stockpile 
        and the nuclear security complex are needed to ensure a safe, 
        secure, reliable, and credible nuclear deterrent; and
            (B) such investments could enable additional future 
        reductions in the hedge stockpile.
        (2) 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:
            (A) An accounting of the weapons in the stockpile as of the 
        end of the fiscal year preceding the submission of the report 
        that includes all weapons in the active and inactive 
        stockpiles, both deployed and non-deployed, and all categories 
        and readiness states of such weapons.
            (B) 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.
    (c) Net Assessment of Nuclear Force Levels Required With Respect to 
Certain Proposals to Reduce the Nuclear Weapons Stockpile of the United 
States.--
        (1) In general.--If, during any year beginning after the date 
    of the enactment of this Act, the President makes a proposal 
    described in subsection (b)--
            (A) the Commander of United States Strategic Command shall 
        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;
            (B) the Secretary of Defense shall submit to the Committees 
        on Armed Services of the Senate and House of Representatives 
        the assessment described in subparagraph (A), unchanged, 
        together with the explanatory views of the Secretary, as the 
        Secretary deems appropriate; and
            (C) the Administrator of the National Nuclear Security 
        Administration shall submit to the Committees on Armed Services 
        of the Senate and House of Representatives a report describing 
        the current capacities of the United States nuclear weapons 
        infrastructure to respond to a strategic development or 
        technical problem in the United States nuclear weapons 
        stockpile.
        (2) Proposal described.--
            (A) In general.--Except as provided in subparagraph (B), a 
        proposal described in this paragraph is a proposal to reduce 
        the number of nuclear weapons in the active or inactive 
        stockpiles of the United States to a level that is lower than 
        the level on the date of the enactment of this Act.
            (B) Exceptions.--A proposal described in this paragraph 
        does not include--
                (i) reductions that are a direct result of activities 
            associated with routine stockpile stewardship, including 
            stockpile surveillance, logistics, or maintenance; or
                (ii) nuclear weapons retired or awaiting dismantlement 
            on the date of the enactment of this Act.
        (3) Termination.--The requirement in paragraph (1) shall 
    terminate on December 31, 2017.
SEC. 1046. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES.
    (a) Sense of Congress.--It is the sense of Congress that--
        (1) 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; and
        (2) the oversight responsibility of Congress includes oversight 
    of the nuclear employment strategy of the United States and that 
    therefore the Chairmen and Ranking Members of the Committees on 
    Armed Services of the Senate and House of Representatives, and such 
    professional staff as they designate, should have access to the 
    nuclear employment strategy 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
    ``On 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.
        ``(3) The implication of such changes on the flexibility and 
    resilience of the strategic forces of the United States and the 
    ability of such forces to support the goals of the United States 
    with respect to nuclear deterrence, extended deterrence, assurance, 
    and defense.''.
        (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. 1047. COMPTROLLER GENERAL REPORT ON NUCLEAR WEAPON CAPABILITIES 
AND FORCE STRUCTURE REQUIREMENTS.
    (a) Comptroller General Study Required.--The Comptroller General of 
the United States shall conduct a study on the strategic nuclear 
weapons capabilities, force structure, employment policy, and targeting 
requirements of the Department of Defense.
    (b) Matters Covered.--The study conducted under subsection (a) 
shall, at minimum, cover the following:
        (1) An update to the September 1991 report of the Comptroller 
    General (GAO/NSIAD-91-319FS) titled ``Strategic Weapons: Nuclear 
    Weapons Targeting Process'' that addresses--
            (A) the relationship between the strategic nuclear 
        targeting process and the determination of requirements for 
        nuclear weapons and related delivery systems;
            (B) the level of civilian oversight;
            (C) the categories and types of targets; and
            (D) any other matters addressed in such report or are 
        otherwise considered appropriate by the Comptroller General.
        (2) The process and rigor used to determine the effectiveness 
    of nuclear weapons capabilities, force structures, employment 
    policies, and targeting requirements in achieving the goals of 
    deterrence, extended deterrence, assurance, and defense.
        (3) An assessment of the requirements of the Department of 
    Defense for strategic nuclear bomber aircraft and intercontinental 
    ballistic missiles, including assessments of the extent to which 
    the Secretary of Defense has--
            (A) determined the force structure and capability 
        requirements for nuclear-capable strategic bomber aircraft, 
        bomber-delivered nuclear weapons, and intercontinental 
        ballistic missiles;
            (B) synchronized the requirements described in subparagraph 
        (A) with plans to extend the service life of nuclear gravity 
        bombs, nuclear-armed cruise missiles, and intercontinental 
        ballistic missile warheads; and
            (C) evaluated long-term intercontinental ballistic missile 
        alert posture requirements and basing options.
    (c) Reports.--
        (1) In general.--The Comptroller General shall submit to the 
    congressional defense committees one or more reports on the study 
    conducted under subsection (a).
        (2) Form.--Any report submitted under this subsection may be 
    submitted in classified form, but if so submitted, an unclassified 
    version shall also be submitted with such submission or at a later 
    date.
    (d) Cooperation.--The Secretary of Defense and Secretary of Energy 
shall provide the Comptroller General full cooperation and access to 
appropriate officials and information for the purposes of conducting 
this study under subsection (a).
SEC. 1048. REPORT ON FEASIBILITY OF JOINT REPLACEMENT FUZE PROGRAM.
    Not later than December 31, 2012, the Secretary of the Navy and the 
Secretary of the Air Force shall jointly submit to the congressional 
defense committees a report on the feasibility of the joint replacement 
fuze program for nuclear warheads of the Navy and the Air Force. The 
report shall include an assessment of the feasibility of including 
various options in the joint fuze and how the inclusion of such options 
will affect safety, security, reliability, and adaptability, as well as 
the program schedule and budget.

                    Subtitle F--Financial Management

SEC. 1051. 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. 1052. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL STATEMENTS.
    Section 1008(c) of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1206; 10 U.S.C. 113 
note) is amended by striking ``Not later than October 31'' and 
inserting ``Not later than the date that is 180 days prior to the date 
set by the Office of Management and Budget for the submission of 
financial statements''.
SEC. 1053. INCLUSION OF PLAN ON THE FINANCIAL MANAGEMENT WORKFORCE IN 
THE STRATEGIC WORKFORCE PLAN OF THE DEPARTMENT OF DEFENSE.
    Section 115b of title 10, United States Code, is amended--
        (1) by redesignating subsections (e) and (f) as subsections (f) 
    and (g), respectively; and
        (2) by inserting after subsection (d) the following new 
    subsection (e):
    ``(e) Financial Management Workforce.--(1) Each strategic workforce 
plan under subsection (a) shall include a separate chapter to 
specifically address the shaping and improvement of the financial 
management workforce of the Department of Defense, including both 
military and civilian personnel of that workforce.
    ``(2) For purposes of paragraph (1), each plan shall include, with 
respect to the financial management workforce of the Department--
        ``(A) an assessment of the matters set forth in subparagraphs 
    (A) through (D) of subsection (b)(1);
        ``(B) a plan of action meeting the requirements set forth in 
    subparagraphs (A) through (F) of subsection (b)(2);
        ``(C) specific steps that the Department has taken or plans to 
    take to develop appropriate career paths for civilian employees in 
    the financial management field and to implement the requirements of 
    section 1599d of this title; and
        ``(D) a plan for funding needed improvements in the financial 
    management workforce of the Department through the period of the 
    current future-years defense program under section 221 of this 
    title, including a description of any continuing shortfalls in 
    funding available for that workforce.''.
SEC. 1054. TRACKING IMPLEMENTATION OF DEPARTMENT OF DEFENSE 
EFFICIENCIES.
    (a) Annual Assessments.--For each of fiscal years 2012 through 
2016, the Comptroller General of the United States shall carry out an 
assessment of the extent to which the Department of Defense has tracked 
and realized the savings proposed pursuant to the initiative led by the 
Secretary of Defense to identify at least $100,000,000,000 in 
efficiencies during fiscal years 2012 through 2016.
    (b) Annual Report.--Not later than October 30 of each of 2012 
through 2016, the Comptroller General shall submit to the congressional 
defense committees a report on the assessment carried out under 
subsection (a) for the fiscal year ending on September 30 of that year. 
Each such report shall include the recommendations of the Comptroller 
General with respect to the matter covered by the assessment.

     Subtitle G--Repeal and Modification 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 226 is repealed.
        (B) The table of sections at the beginning of chapter 9 is 
    amended by striking the item relating to section 226.
        (4)(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.
        (5) Section 437 is amended by striking subsection (c).
        (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)(A) Section 490 is repealed.
        (B) The table of sections at the beginning of chapter 23 is 
    amended by striking the item relating to section 490.
        (11) 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''.
        (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)(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.
        (14) Section 2350a(g) is amended by striking paragraph (3).
        (15) Section 2410m is amended by striking subsection (c).
        (16) Section 2485(a) is amended--
            (A) by striking ``(1)''; and
            (B) by striking paragraph (2).
        (17) Section 2493 is amended by striking subsection (g).
        (18) Section 2515 is amended by striking subsection (d).
        (19)(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.
        (20) Section 2583 is amended--
            (A) by striking subsection (f); and
            (B) by redesignating subsection (g) as subsection (f).
        (21) 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.
        (22)(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.
        (23)(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.
        (24) 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).
        (25) 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).
        (26) Section 5143 is amended by striking subsection (e).
        (27)(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.
        (28) Section 12302(b) is amended by striking the last sentence.
        (29)(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.
        (30) Section 12302(b) is amended by striking the last sentence.
SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE 
AUTHORIZATION ACTS.
    (a) Fiscal Year 2010.--Section 219 (123 Stat. 2228) of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) is 
amended by striking subsection (c).
    (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.--Section 885(a)(2) (10 U.S.C. 2304 note) of 
the National Defense Authorization Act for Fiscal Year 2008 (Public Law 
110-181) is amended by striking the last sentence.
    (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 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).
    (i) 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.
    (j) 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.
    (k) Fiscal Year 1998.--The National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
        (1) Section 349 (10 U.S.C. 2702 note) is amended by striking 
    subsection (e).
        (2) Section 743 (111 Stat. 1817) is amended by striking 
    subsection (f).
    (l) Fiscal Year 1997.--Section 218 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 
2455) is repealed.
    (m) 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.
    (n) 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).
SEC. 1064. 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) 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.''.
        (3) Section 127b(f) is amended by striking ``December 1'' and 
    inserting ``February 1''.
        (4)(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.''.

        (5) 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.''.
        (6) Section 2482(d)(1) is amended by inserting ``in the United 
    States'' after ``commissary store''.
        (7) 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''.
        (8) Section 2645(d) is amended by striking ``$1,000,000'' and 
    inserting ``$10,000,000''.
        (9) Section 2803(b) is amended by striking ``21-day period'' 
    and inserting ``seven-day period''.
        (10) Section 9514(c) is amended by striking ``$1,000,000'' and 
    inserting ``$10,000,000''.
        (11) Section 10543(c)(3) is amended by striking ``15 days'' and 
    inserting ``90 days''.
SEC. 1065. 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. 1066. 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 ``annually thereafter'' 
        and inserting ``by June 30 each year thereafter''; 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. 1067. 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) 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 H--Studies and Reports

SEC. 1068. TRANSMISSION OF REPORTS IN ELECTRONIC FORMAT.
    Section 122a(a) of title 10, United States Code, is amended by 
striking ``made available'' and all that follows through the period and 
inserting the following new paragraphs:
        ``(1) made available to the public, upon request submitted on 
    or after the date on which such report is submitted to Congress, 
    through the Office of the Assistant Secretary of Defense for Public 
    Affairs; and
        ``(2) to the maximum extent practicable, transmitted in an 
    electronic format.''.
SEC. 1069. MODIFICATIONS TO ANNUAL AIRCRAFT PROCUREMENT PLAN.
    (a) In General.--Section 231a of title 10, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1)--
                (i) by striking ``The Secretary'' and inserting ``Not 
            later than 45 days after the date on which the President 
            submits to Congress the budget for a fiscal year''; and
                (ii) by striking ``include with the defense budget 
            materials for each fiscal year'' and insert ``submit to the 
            congressional defense committees''; and
            (B) in paragraph (1), by inserting ``, the Department of 
        the Army,'' after ``Navy'';
        (2) in subsection (b)--
            (A) in paragraph (4), by striking ``Strategic'' and 
        inserting ``Intertheater'';
            (B) by redesignating paragraph (8) as paragraph (11); and
            (C) by inserting after paragraph (7) the following new 
        paragraphs:
        ``(8) Remotely piloted aircraft.
        ``(9) Rotary-wing aircraft.
        ``(10) Operational support and executive lift aircraft.'';
        (3) in subsection (c)--
            (A) in paragraph (1), by striking ``national security 
        strategy of the United States'' and inserting ``national 
        military strategy of the United States''; and
            (B) in paragraph (2)--
                (i) in subparagraph (A), by inserting ``, the 
            Department of the Army,'' after ``Navy'';
                (ii) in subparagraph (B), by striking ``national 
            security strategy of the United States'' and inserting 
            ``national military strategy of the United States'';
                (iii) in subparagraph (C)--

                    (I) by inserting ``investment'' before ``funding'';
                    (II) by striking ``the program'' and inserting 
                ``each aircraft program'';
                    (III) by inserting before the period at the end the 
                following: ``, set forth in aggregate for the 
                Department of Defense and in aggregate for each 
                military department'';

                (iv) by redesignating subparagraph (D) as subparagraph 
            (F);
                (v) by inserting after subparagraph (C) the following 
            new subparagraphs:
        ``(D) The estimated level of annual funding necessary to 
    operate, maintain, sustain, and support each aircraft program 
    throughout the life-cycle of the program, set forth in aggregate 
    for the Department of Defense and in aggregate for each military 
    department.
        ``(E) For each of the cost estimates required by subparagraphs 
    (C) and (D)--
            ``(i) a description of whether the cost estimate is derived 
        from the cost estimate position of the military department or 
        derived from the cost estimate position of the Cost Analysis 
        and Program Evaluation office of the Secretary of Defense;
            ``(ii) if the cost estimate position of the military 
        department and the cost estimate position of the Cost Analysis 
        and Program Evaluation office differ by more than .5 percent 
        for any aircraft program, an annotated cost estimate difference 
        and sufficient rationale to explain the difference; and
            ``(iii) the confidence or certainty level associated with 
        the cost estimate for each aircraft program.''.
                (vi) in subparagraph (F), as redesignated by clause 
            (iv), by inserting ``, the Department of the Army,'' after 
            ``Navy'';
            (C) by adding at the end the following new paragraphs:
    ``(3) For any cost estimate required by paragraph (2)(C) or (D), 
for any aircraft program for which the Secretary is required to include 
in a report under section 2432 of this title, the source of the cost 
information used to prepare the annual aircraft plan, shall be sourced 
from the Selected Acquisition Report data that the Secretary plans to 
submit to the congressional defense committees in accordance with 
subsection (f) of that section for the year for which the annual 
aircraft plan is prepared.
    ``(4) The annual aircraft procurement plan shall be submitted in 
unclassified form and shall contain a classified annex.'';
        (4) in subsection (d), by inserting ``, the Department of the 
    Army,'' after ``Navy'';
        (5) by redesignating subsection (e) as subsection (f);
        (6) by inserting after subsection (d) the following new 
    subsection (e):
    ``(e) Annual Report on Aircraft Inventory.--(1) As part of the 
annual plan and certification required to be submitted under this 
section, the Secretary shall include a report on the aircraft in the 
inventory of the Department of Defense. Each such report shall include 
the following, for the year covered by the report:
        ``(A) The total number of aircraft in the inventory.
        ``(B) The total number of the aircraft in the inventory that 
    are active, stated in the following categories (with appropriate 
    subcategories for mission aircraft, training aircraft, dedicated 
    test aircraft, and other aircraft):
            ``(i) Primary aircraft.
            ``(ii) Backup aircraft.
            ``(iii) Attrition and reconstitution reserve aircraft.
        ``(C) The total number of the aircraft in the inventory that 
    are inactive, stated in the following categories:
            ``(i) Bailment aircraft.
            ``(ii) Drone aircraft.
            ``(iii) Aircraft for sale or other transfer to foreign 
        governments.
            ``(iv) Leased or loaned aircraft.
            ``(v) Aircraft for maintenance training.
            ``(vi) Aircraft for reclamation.
            ``(vii) Aircraft in storage.
        ``(D) The aircraft inventory requirements approved by the Joint 
    Chiefs of Staff.
    ``(2) Each report submitted under this subsection shall set forth 
each item described in paragraph (1) separately for the regular 
component of each armed force and for each reserve component of each 
armed force and, for each such component, shall set forth each type, 
model, and series of aircraft provided for in the future-years defense 
program that covers the fiscal year for which the budget accompanying 
the plan, certification and report is submitted.''; and
        (7) in subsection (f), as redesignated by paragraph 5, by 
    striking paragraph (2) and redesignating paragraph (3) as paragraph 
    (2).
    (b) Section Heading.--The heading for such section is amended to 
read as follows:
``Sec. 231a. Budgeting for life-cycle cost of aircraft for the Navy, 
    Army, and Air Force: annual plan and certification''.
    (c) Clerical Amendment.--The item relating to section 231a in the 
table of sections at the beginning of chapter 9 of title 10, United 
States Code, is amended to read as follows:

``231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, 
          and Air Force: annual plan and certification.''.
SEC. 1070. CHANGE OF DEADLINE FOR ANNUAL REPORT TO CONGRESS ON NATIONAL 
GUARD AND RESERVE COMPONENT EQUIPMENT.
    Section 10541(a) of title 10, United States Code, is amended by 
striking ``February 15'' and inserting ``March 15''.
SEC. 1071. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES, NUCLEAR 
WEAPONS, AND RELATED PROGRAMS IN NON-NUCLEAR WEAPONS STATES AND 
COUNTRIES NOT PARTIES TO THE NUCLEAR NON-PROLIFERATION TREATY, AND 
CERTAIN FOREIGN PERSONS.
    Section 1055(a) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111-84; 50 U.S.C. 2371(a)) is amended, in 
the matter preceding paragraph (1)--
        (1) by striking ``and the Permanent'' and inserting ``the 
    Permanent''; and
        (2) by inserting before ``a report'' the following: ``, the 
    Committee on Foreign Relations of the Senate, and the Committee on 
    Foreign Affairs of the House of Representatives''.
SEC. 1072. IMPLEMENTATION PLAN FOR WHOLE-OF-GOVERNMENT VISION 
PRESCRIBED IN THE NATIONAL SECURITY STRATEGY.
    (a) Implementation Plan.--Not later than 270 days after the date of 
the enactment of this Act, the President shall submit to the 
appropriate congressional committees an implementation plan for 
achieving the whole-of-government integration vision prescribed in the 
President's National Security Strategy of May 2010. The implementation 
plan shall include--
        (1) a description of ongoing and future actions planned to be 
    taken by the President and the Executive agencies to implement 
    organizational changes, programs, and any other efforts to achieve 
    each component of the whole-of-government vision prescribed in the 
    National Security Strategy;
        (2) a timeline for specific actions taken and planned to be 
    taken by the President and the Executive agencies to implement each 
    component of the whole-of-government vision prescribed in the 
    National Security Strategy;
        (3) an outline of specific actions desired or required to be 
    taken by Congress to achieve each component of the whole-of-
    government vision prescribed in the National Security Strategy, 
    including suggested timing and sequencing of actions proposed for 
    Congress and the Executive agencies;
        (4) any progress made and challenges or obstacles encountered 
    since May 2010 in implementing each component of the whole-of-
    government vision prescribed in the National Security Strategy; and
        (5) such other information as the President determines is 
    necessary to understand progress in implementing each component of 
    the whole-of-government vision prescribed in the National Security 
    Strategy.
    (b) Annual Updates.--Not later than December 1 of each subsequent 
year that the National Security Strategy of May 2010 remains the policy 
of the President, the President shall submit to the appropriate 
congressional committees an update of the implementation plan required 
under subsection (a). Each such update shall include an explanation 
of--
        (1) any progress made and challenges or obstacles encountered 
    in implementing each component of the whole-of-government vision 
    prescribed in the National Security Strategy since the submission 
    of the implementation plan or most recent update; and
        (2) any modifications to the implementation plan.
    (c) Definitions.--In this section:
        (1) The term ``appropriate congressional committees'' means--
            (A) the congressional defense committees;
            (B) the Committee on Foreign Relations, Select Committee on 
        Intelligence, Committee on Homeland Security and Government 
        Affairs, Committee on the Budget, Committee on the Judiciary, 
        and Committee on Appropriations in the Senate; and
            (C) the Committee on Foreign Affairs, Permanent Select 
        Committee on Intelligence, Committee on Homeland Security, 
        Committee on the Budget, Committee on the Judiciary, Committee 
        on Oversight and Government Reform, and Committee on 
        Appropriations in the House of Representatives.
        (2) The term ``Executive agency'' has the meaning given that 
    term by section 105 of title 5, United States Code.
SEC. 1073. 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.
    (b) Intelligence Assessment.--
        (1) Assessment required.--Not later than 60 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. 1074. 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. 1075. 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. 1076. 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. 1077. REPORTS TO CONGRESS ON THE MODIFICATION OF THE FORCE 
STRUCTURE FOR THE STRATEGIC NUCLEAR WEAPONS DELIVERY SYSTEMS OF THE 
UNITED STATES.
    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. 1078. 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. 1079. 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. 1080. 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) A description of the approved Air Sea Battle Concept.
        (2) An identification and assessment of--
            (A) the materiel solutions required to employ the concept 
        in support of approved operational plans and contingency plans; 
        and
            (B) the risks to approved operational plans and contingency 
        plans resulting from unfulfilled materiel solutions identified 
        pursuant to subparagraph (A).
        (3) A summary of the implementation plan, including--
            (A) an assessment of the risks to implementation of the 
        approved concept within the current and programmed force 
        structure, capabilities, and capacity;
            (B) a description of the criteria that will be used to 
        measure progress toward full implementation of the concept; and
            (C) a timeline for implementation of the concept.
        (4) A description and assessment of how current research, 
    development, and acquisition priorities in the program of record 
    deliver or fail to deliver the materiel solutions identified 
    pursuant to paragraph (2)(A).
        (5) An identification, in order of priority, of the five most 
    critical materiel solutions identified pursuant to paragraph (2)(A) 
    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 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 list of any new organization required to implement the 
    concept, including an explanation of the function of each 
    organization and why such functions cannot be assigned to existing 
    organizations.
        (8) A description and assessment of the estimated incremental 
    increases in costs, including the cost of any new organization 
    identified pursuant to paragraph (7), and savings from implementing 
    the Air Sea Battle Concept, including the most significant reasons 
    for those increased costs and savings.
        (9) 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.
        (10) 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. 1080A. REPORT ON COSTS OF UNITS OF THE RESERVE COMPONENTS AND THE 
ACTIVE 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 an analysis 
    of the costs of a sample of deployable units of the active 
    components of the Armed Forces and the costs of a sample of similar 
    deployable units of the reserve components of the Armed Forces.
        (2) Similar units.--For purposes of this subsection, units of 
    the active components and reserve components shall be treated as 
    similar if such units have the same table of organization and 
    equipment or, as applicable, the same size, structure, personnel, 
    or deployed mission.
    (b) Assessment of Reserve Component Force Structure and End 
Strengths in Total Force Structure.--The Secretary shall include in the 
report required by subsection (a) the following:
        (1) An assessment of the advisability of retaining, decreasing, 
    or increasing the number and capability mix of units and end 
    strengths of the reserve components of the Armed Forces within the 
    total force structure of the Armed Forces.
        (2) The current and most likely anticipated demands for 
    military capabilities in support of the National Military Strategy, 
    including the capability and deployment timeline requirements of 
    the contingency plans of the combatant commands.
        (3) Authorities available to access the reserve components of 
    the Armed Forces for Federal missions.
        (4) Personnel, equipment, and training readiness, and the cost 
    to sustain, mobilize, achieve required pre-deployment readiness 
    levels, and deploy active component units and reserve component 
    units.
        (5) Such other matters as the Secretary considers appropriate.
    (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 the Comptroller General's evaluation 
of the report of the Secretary under subsection (a).

         Subtitle I--Miscellaneous Authorities and Limitations

SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE 
DEPARTMENT OF DEFENSE AS ADVISORS TO FOREIGN MINISTRIES OF DEFENSE.
    (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 in order to--
        (1) provide institutional, ministerial-level advice, and other 
    training to personnel of the ministry to which assigned in support 
    of stabilization or post-conflict activities; or
        (2) assist such ministry 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 Committees on Armed 
Services and Foreign Relations of the Senate and the Committees on 
Armed Services and Foreign Affairs 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 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 description of the criteria used to select the defense 
    ministries identified in paragraph (1) and the civilian employees 
    so assigned.
        (6) A statement of the cost of each such assignment.
        (7) Recommendations, if any, about changes to the authority, 
    including an assessment of whether expanding the program authority 
    to include assignments to bilateral, regional, or multilateral 
    international security organizations would advance the national 
    security interests of the United States.
    (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. 1082. EXEMPTION FROM FREEDOM OF INFORMATION ACT FOR DATA FILES OF 
THE MILITARY FLIGHT OPERATIONS QUALITY ASSURANCE SYSTEMS OF THE 
MILITARY DEPARTMENTS.
    (a) Exemption.--
        (1) In general.--Chapter 134 of title 10, United States Code, 
    is amended by inserting after section 2254 the following new 
    section:
``Sec. 2254a. Data files of military flight operations quality 
     assurance systems: exemption from disclosure under Freedom of 
     Information Act
    ``(a) Authority to Exempt Certain Data Files From Disclosure Under 
FOIA.--
        ``(1) 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(b)(3) of title 5, upon a written determination that--
            ``(A) the information is sensitive information concerning 
        military aircraft, units, or aircrew; and
            ``(B) the public interest consideration in the disclosure 
        of such information does not outweigh preventing the disclosure 
        of such information.
        ``(2) In this section, the term `data file' means a file of the 
    military flight operations quality assurance (in this section 
    referred to as `MFOQA') system that contains information acquired 
    or generated by the MFOQA system, including--
            ``(A) any data base containing raw MFOQA data; and
            ``(B) any analysis or report generated by the MFOQA system 
        or which is derived from MFOQA data.
        ``(3) Information that is exempt under paragraph (1) from 
    disclosure under section 552(b)(3) of title 5 shall be exempt from 
    such disclosure even if such information is contained in a data 
    file that is not exempt in its entirety from such disclosure.
        ``(4) The provisions of paragraph (1) may not be superseded 
    except by a provision of law which is enacted after the date of the 
    enactment of this section and which specifically cites and repeals 
    or modifies those provisions.
    ``(b) Regulations.--The Secretary of Defense shall prescribe 
regulations for the administration of this section. Such regulations 
shall ensure consistent application of the authority in subsection (a) 
across the military departments.
    ``(c) Delegation.--The Secretary of Defense may delegate the 
authority to make a determination under subsection (a) to the Director 
of Administration and Management of the Department.
    ``(d) Transparency.--Each determination of the Secretary, or the 
Secretary's designee, under subsection (a) 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 Director of 
Administration and Management.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of subchapter II of such chapter is amended by inserting after the 
    item relating to section 2254 the following new item:

``2254a. Data files of military flight operations quality assurance 
          systems: exemption from disclosure under Freedom of 
          Information Act.''.

    (b) Applicability.--Section 2254a of title 10, United States Code, 
as added by subsection (a), shall apply to any information entered into 
any data file of the military flight operations quality assurance 
system before, on, or after the date of the enactment of this Act.
SEC. 1083. LIMITATION ON PROCUREMENT AND FIELDING OF LIGHT ATTACK ARMED 
RECONNAISSANCE AIRCRAFT.
    (a) Report on Light Attack and Armed Reconnaissance Missions.--
        (1) Report required.--The Secretary of Defense shall submit to 
    the congressional defense committees a report containing the 
    findings of a review carried out by the Secretary of the capability 
    of the elements of the Department of Defense (including any office, 
    agency, activity, or command described in section 111(b) of title 
    10, United States Code) that are responsible for conducting light 
    attack and armed reconnaissance missions or fulfilling requests of 
    partner nations for training in the conduct of such missions.
        (2) Matters included.--In conducting the review under paragraph 
    (1), the Secretary shall--
            (A) identify any gaps in the ability of the Department to 
        conduct light attack and armed reconnaissance missions or to 
        fulfill requests of partner nations for training in the conduct 
        of such missions;
            (B) identify any unnecessary duplication of efforts between 
        the elements of the Department to procure or field aircraft to 
        conduct light attack and armed reconnaissance missions or to 
        fulfill requests of partner nations to train in the conduct of 
        such missions, including any planned--
                (i) developmental efforts;
                (ii) operational evaluations; or
                (iii) acquisition of such aircraft through procurement 
            or lease; and
            (C) include findings and recommendations the Secretary 
        considers appropriate to address any gaps identified under 
        subparagraph (A) or unnecessary duplication of efforts 
        identified under subparagraph (B).
    (b) Limitation.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2012 may be 
obligated or expended for the procurement or fielding of light attack 
armed reconnaissance aircraft until the date that is 30 days after the 
date on which the Secretary submits the report required by subsection 
(a).
SEC. 1084. PROHIBITION ON THE USE OF FUNDS FOR MANUFACTURING BEYOND LOW 
RATE INITIAL PRODUCTION AT CERTAIN PROTOTYPE INTEGRATION FACILITIES.
    (a) Prohibition.--None of the funds authorized to be appropriated 
by this Act may be used for manufacturing beyond low rate initial 
production at a prototype integration facility of any of the following 
components of the Army Research, Development, and Engineering Command:
        (1) The Armament Research, Development, and Engineering Center.
        (2) The Aviation and Missile Research, Development, and 
    Engineering Center.
        (3) The Communications-Electronics Research, Development, and 
    Engineering Center.
        (4) The Tank Automotive Research, Development, and Engineering 
    Center.
    (b) Waiver.--The Assistant Secretary of the Army for Acquisition, 
Logistics, and Technology may waive the prohibition under subsection 
(a) for a fiscal year if--
        (1) the Assistant Secretary determines that the waiver is 
    necessary--
            (A) for reasons of national security; or
            (B) to rapidly acquire equipment to respond to combat 
        emergencies; and
        (2) the Assistant Secretary submits to Congress a notification 
    of the waiver together with the reasons for the waiver.
    (c) Low-rate Initial Production.--For purposes of this section, the 
term ``low-rate initial production'' shall be determined in accordance 
with section 2400 of title 10, United States Code.
SEC. 1085. USE OF STATE PARTNERSHIP PROGRAM FUNDS FOR CERTAIN PURPOSES.
    Subject 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), of the funds made available to the National Guard, the Secretary 
of Defense may use up to $3,000,000 to pay for travel and per diem 
costs associated with the participation of United States and foreign 
civilian and non-defense agency personnel in conducting activities 
under the State Partnership Program of the National Guard.

                       Subtitle J--Other Matters

SEC. 1086. 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. 1087. 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. 1088. SENSE OF CONGRESS ON APPLICATION OF MORATORIUM ON EARMARKS 
TO THIS ACT.
    It is the sense of Congress 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. 1089. 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. 1090. 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. 1091. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN 
DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE SECURITY INFORMATION.
    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by inserting after section 130d the following new section:
``Sec. 130e. Treatment under Freedom of Information Act of critical 
    infrastructure security information
    ``(a) Exemption.--The Secretary of Defense may exempt Department of 
Defense critical infrastructure security information from disclosure 
pursuant to section 552(b)(3) of title 5, upon a written determination 
that--
        ``(1) the information is Department of Defense critical 
    infrastructure security information; and
        ``(2) the public interest consideration in the disclosure of 
    such information does not outweigh preventing the disclosure of 
    such information.
    ``(b) Information Provided to State and Local Governments.--
Department of Defense critical infrastructure security information 
covered by a written determination under subsection (a) that is 
provided to a State or local government shall remain under the control 
of the Department of Defense.
    ``(c) Definition.--In this section, 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 of 
Defense, explosives safety information (including storage and 
handling), and other site-specific information on or relating to 
installation security.
    ``(d) Delegation.--The Secretary of Defense may delegate the 
authority to make a determination under subsection (a) to the Director 
of Administration and Management.
    ``(e) Transparency.--Each determination of the Secretary, or the 
Secretary's designee, under subsection (a) 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 Director of 
Administration and Management.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``130e. Treatment under Freedom of Information Act of certain critical 
          infrastructure security information.''.
SEC. 1092. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING ASSISTANCE 
PROGRAM TO INCLUDE STOCKPILED CONVENTIONAL MUNITIONS ASSISTANCE.
    (a) In General.--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)--
            (A) by inserting ``or stockpiled conventional munitions 
        assistance'' after ``humanitarian demining assistance'' each 
        place it appears; and
            (B) in paragraph (2), by inserting ``, and whether such 
        assistance was primarily related to the humanitarian demining 
        efforts or stockpiled conventional munitions assistance'' after 
        ``paragraph (1)''; and
        (5) by striking subsection (e) and inserting the following new 
    subsection (e):
    ``(e) Definitions.--In this section:
        ``(1) The term `humanitarian demining assistance', as it 
    relates to training and support, means detection and clearance of 
    landmines and other explosive remnants of war, and includes 
    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.
        ``(2) The term `stockpiled conventional munitions assistance', 
    as it relates to the 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, and includes 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.''.
    (b) 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. 1093. NUMBER OF NAVY CARRIER AIR WINGS AND CARRIER AIR WING 
HEADQUARTERS.
    The Secretary of the Navy shall ensure that the Navy maintains--
        (1) a minimum of 10 carrier air wings; and
        (2) for each such carrier air wing, a dedicated and fully 
    staffed headquarters.
SEC. 1094. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR ORGANIZATIONAL 
CLOTHING AND INDIVIDUAL EQUIPMENT.
    (a) Submission With Annual Budget Justification Documents.--For 
fiscal year 2013 and each subsequent fiscal year, the Secretary of 
Defense shall submit to the President, for inclusion with the budget 
materials submitted to Congress under section 1105(a) of title 31, 
United States Code, a budget justification display that covers all 
programs and activities associated with the procurement of 
organizational clothing and individual equipment.
    (b) Requirements for Budget Display.--The budget justification 
display under subsection (a) for a fiscal year shall include the 
following:
        (1) The funding requirements in each budget activity and for 
    each Armed Force for organizational clothing and individual 
    equipment.
        (2) The amount in the budget for each of the Armed Forces for 
    organizational clothing and equipment for that fiscal year.
    (c) Definition.--In this section, the term ``organizational 
clothing and individual equipment'' means an item of organizational 
clothing or equipment prescribed for wear or use with the uniform.
SEC. 1095. NATIONAL ROCKET PROPULSION STRATEGY.
    (a) Sense of the Congress.--It is the sense of Congress that the 
sustainment of the solid rocket motor and liquid rocket engine 
industrial base is a national challenge that spans multiple departments 
and agencies of the Federal Government and requires the attention of 
the President.
    (b) Strategy Required.--
        (1) In general.--Not later than 180 days after the date of the 
    enactment of this Act, the President shall transmit to the 
    appropriate congressional committees a national rocket propulsion 
    strategy for the United States, including--
            (A) a description and assessment of the effects to programs 
        of the Department of Defense and intelligence community that 
        rely on the solid rocket motor and liquid rocket engine 
        industrial base caused by the end of the Space Shuttle program 
        and termination of the Constellation program;
            (B) a description of the plans of the President, the 
        Secretary of Defense, the intelligence community, and the 
        Administrator of the National Aeronautics and Space 
        Administration to mitigate the impact of the end of the Space 
        Shuttle program and termination of the Constellation program on 
        the solid rocket motor and liquid rocket engine propulsion 
        industrial base of the United States;
            (C) a consolidated plan that outlines key decision points 
        for the current and next-generation mission requirements of the 
        United States with respect to tactical and strategic missiles, 
        missile defense interceptors, targets, and satellite and human 
        spaceflight launch vehicles;
            (D) options and recommendations for synchronizing plans, 
        programs, and budgets for research and development, 
        procurement, operations, and workforce among the appropriate 
        departments and agencies of the Federal Government to 
        strengthen the solid rocket motor and liquid rocket engine 
        propulsion industrial base of the United States; and
            (E) any other relevant information the President considers 
        necessary.
        (2) Long-term icbm plan.--On the date on which the President 
    submits to Congress the budget for fiscal year 2013 under section 
    1105 of title 31, United States Code, the President shall transmit 
    to the appropriate congressional committees a long-term plan for 
    maintaining a minimal capacity to produce intercontinental 
    ballistic missile solid rocket motors.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
        (1) The Committees on Armed Services, Science, Space, and 
    Technology, Appropriations, and the Permanent Select Committee on 
    Intelligence of the House of Representatives.
        (2) The Committees on Armed Services, Commerce, Science, and 
    Transportation, Appropriations, and the Select Committee on 
    Intelligence of the Senate.
SEC. 1096. GRANTS TO CERTAIN REGULATED COMPANIES FOR SPECIFIED ENERGY 
PROPERTY NOT SUBJECT TO NORMALIZATION RULES.
    (a) In General.--The first sentence of section 1603(f) of the 
American Recovery and Reinvestment Tax Act of 2009 is amended by 
inserting ``(other than subsection (d)(2) thereof)'' after ``section 50 
of the Internal Revenue Code of 1986''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in section 1603 of the American Recovery and 
Reinvestment Tax Act of 2009.
SEC. 1097. UNMANNED AERIAL SYSTEMS AND NATIONAL AIRSPACE.
    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall establish a program to integrate unmanned aircraft 
systems into the national airspace system at six test ranges.
    (b) Program Requirements.--In establishing the program under 
subsection (a), the Administrator shall--
        (1) safely designate nonexclusionary airspace for integrated 
    manned and unmanned flight operations in the national airspace 
    system;
        (2) develop certification standards and air traffic 
    requirements for unmanned flight operations at test ranges;
        (3) coordinate with and leverage the resources of the 
    Department of Defense and the National Aeronautics and Space 
    Administration;
        (4) address both civil and public unmanned aircraft systems;
        (5) ensure that the program is coordinated with the Next 
    Generation Air Transportation System; and
        (6) provide for verification of the safety of unmanned aircraft 
    systems and related navigation procedures before integration into 
    the national airspace system.
    (c) Locations.--In determining the location of a test range for the 
program under subsection (a), the Administrator shall--
        (1) take into consideration geographic and climatic diversity;
        (2) take into consideration the location of ground 
    infrastructure and research needs; and
        (3) consult with the Department of Defense and the National 
    Aeronautics and Space Administration.
    (d) Test Range Operation.--A project at a test range shall be 
operational not later than 180 days after the date on which the project 
is established.
    (e) Report.--Not later than 90 days after the date of completing 
each of the pilot projects, the Administrator shall submit to the 
appropriate congressional committees a report setting forth the 
Administrator's findings and conclusions concerning the projects that 
includes a description and assessment of the progress being made in 
establishing special use airspace to fill the immediate need of the 
Department of Defense to develop detection techniques for small 
unmanned aircraft systems and to validate sensor integration and 
operation of unmanned aircraft systems.
    (f) Duration.--The program under subsection (a) shall terminate on 
the date that is five years after the date of the enactment of this 
Act.
    (g) Definition.--In this section:
        (1) The term ``appropriate congressional committees'' means--
            (A) the Committee on Armed Services, the Committee on 
        Transportation and Infrastructure, and the Committee on 
        Science, Space, and Technology of the House of Representatives; 
        and
            (B) the Committee on Armed Services and the Committee on 
        Commerce, Science, and Transportation of the Senate.
        (2) The term ``test range'' means a defined geographic area 
    where research and development are conducted.
SEC. 1098. 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''.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Amendments to Department of Defense personnel authorities.
Sec. 1102. Provisions relating to the Department of Defense performance 
          management system.
Sec. 1103. Repeal of sunset provision relating to direct hire authority 
          at demonstration laboratories.
Sec. 1104. One-year extension of authority to waive annual limitation on 
          premium pay and aggregate limitation on pay for Federal 
          civilian employees working overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum-age limit for certain 
          appointments.
Sec. 1108. Sense of Congress relating to pay parity for Federal 
          employees serving at certain remote military installations.
Sec. 1109. Federal internship programs.
Sec. 1110. Extension and expansion of experimental personnel program for 
          scientific and technical personnel.
Sec. 1111. Authority of the Secretaries of the military departments to 
          employ up to 10 persons without pay.
Sec. 1112. Two-year extension of discretionary authority to grant 
          allowances, benefits, and gratuities to personnel on official 
          duty in a combat zone.

                        Subtitle B--Other Matters

Sec. 1121. Modification of beneficiary designation authorities for death 
          gratuity payable upon death of a United States Government 
          employee in service with the Armed Forces.
Sec. 1122. Authority for waiver of recovery of certain payments 
          previously made under civilian employees voluntary separation 
          incentive program.
Sec. 1123. Extension of continued health benefits.
Sec. 1124. Disclosure of senior mentors.
Sec. 1125. Termination of Joint Safety Climate Assessment System.

                         Subtitle A--Personnel

SEC. 1101. AMENDMENTS TO DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES.
    (a) Career Paths.--Section 9902(a)(1) of title 5, United States 
Code, is amended--
        (1) by redesignating subparagraph (D) as subparagraph (E); and
        (2) by inserting after subparagraph (C) the following:
        ``(D) Development of attractive career paths.''.
    (b) Appointment Flexibilities.--Section 9902(b) of title 5, United 
States Code, is amended by adding at the end the following:
    ``(5) The Secretary shall develop a training program for Department 
of Defense human resource professionals to implement the requirements 
of this subsection.
    ``(6) The Secretary shall develop indicators of effectiveness to 
determine whether appointment flexibilities under this subsection have 
achieved the objectives set forth in paragraph (1).''.
    (c) Additional Requirements.--Section 9902(c) of title 5, United 
States Code, is amended--
        (1) by redesignating paragraphs (6) and (7) as paragraphs (8) 
    and (9), respectively; and
        (2) by inserting after paragraph (5) the following:
        ``(6) provide mentors to advise individuals on their career 
    paths and opportunities to advance and excel within their fields;
        ``(7) develop appropriate procedures for warnings during 
    performance evaluations for employees who fail to meet performance 
    standards;''.
    (d) Technical and Conforming Amendments.--
        (1) Technical amendment.--The heading for chapter 99 of title 
    5, United States Code, is amended to read as follows:

      ``CHAPTER 99--DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES''.

        (2) Conforming amendment.--The table of chapters for part III 
    of title 5, United States Code, is amended by striking the item 
    relating to chapter 99 and inserting the following:

``99. Department of Defense Personnel Authorities................9901''.

SEC. 1102. PROVISIONS RELATING TO THE DEPARTMENT OF DEFENSE PERFORMANCE 
MANAGEMENT SYSTEM.
    (a) In General.--Section 9902 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(h) Reports.--
        ``(1) In general.--Not later than 1 year after the 
    implementation of any performance management and workforce 
    incentive system under subsection (a) or any procedures relating to 
    personnel appointment flexibilities under subsection (b) (whichever 
    is earlier), and whenever any significant action is taken under any 
    of the preceding provisions of this section (but at least 
    biennially) thereafter, the Secretary shall--
            ``(A) conduct appropriately designed and statistically 
        valid internal assessments or employee surveys to assess 
        employee perceptions of any program, system, procedures, or 
        other aspect of personnel management, as established or 
        modified under authority of this section; and
            ``(B) submit to the appropriate committees of Congress and 
        the Comptroller General, a report describing the results of the 
        assessments or surveys conducted under subparagraph (A) 
        (including the methodology used), together with any other 
        information which the Secretary considers appropriate.
        ``(2) Review.--After receiving any report under paragraph (1), 
    the Comptroller General--
            ``(A) shall review the assessments or surveys described in 
        such report to determine if they were appropriately designed 
        and statistically valid;
            ``(B) shall conduct a review of the extent to which the 
        program, system, procedures, or other aspect of program 
        management concerned (as described in paragraph (1)(A)) is 
        fair, credible, transparent, and otherwise in conformance with 
        the requirements of this section; and
            ``(C) within 6 months after receiving such report, shall 
        submit to the appropriate committees of Congress--
                ``(i) an independent evaluation of the results of the 
            assessments or surveys reviewed under subparagraph (A), and
                ``(ii) the findings of the Comptroller General based on 
            the review under subparagraph (B),
        together with any recommendations the Comptroller General 
        considers appropriate.
        ``(3) Definition.--For purposes of this subsection, the term 
    `appropriate committees of Congress' means--
            ``(A) the Committees on Armed Services of the Senate and 
        the House of Representatives;
            ``(B) the Committee on Homeland Security and Governmental 
        Affairs of the Senate; and
            ``(C) the Committee on Oversight and Government Reform of 
        the House of Representatives.''.
    (b) Reports.--(1) The Secretary of Defense shall submit to the 
covered committees--
        (A) no later than 12 months after the date of enactment of this 
    Act and semiannually thereafter until fully implemented--
            (i) a plan for the personnel management system, as 
        authorized by section 9902(a) of title 5, United States Code 
        (as amended by section 1101(a)); and
            (ii) progress reports on the design and implementation of 
        the personnel management system (as described in subparagraph 
        (A)); and
        (B) no later than 12 months after the date of enactment of this 
    Act and semiannually thereafter until fully implemented--
            (i) a plan for the appointment procedures, as authorized by 
        section 9902(b) of such title 5 (as amended by section 
        1101(b)); and
            (ii) progress reports on the design and implementation of 
        the appointment procedures (as described in subparagraph (A)).
    (2) Implementation of a plan described in paragraph (1)(B) may not 
commence before the 90th day after the date on which such plan is 
submitted under this subsection to the covered committees.
    (3) For the purposes of this subsection, the term ``covered 
committees'' means--
        (A) the Committees on Armed Services of the Senate and the 
    House of Representatives;
        (B) the Committee on Homeland Security and Governmental Affairs 
    of the Senate; and
        (C) the Committee on Oversight and Government Reform of the 
    House of Representatives.
    (c) Repeal of Superseded Provisions.--The following sections are 
repealed:
        (1) Section 1106(b) of the National Defense Authorization Act 
    for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357), as 
    amended by section 1113(h) of the National Defense Authorization 
    Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2503).
        (2) Section 1113(e) of the National Defense Authorization Act 
    for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2502).
SEC. 1103. REPEAL OF SUNSET PROVISION RELATING TO DIRECT HIRE AUTHORITY 
AT DEMONSTRATION LABORATORIES.
    Section 1108 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. chapter 81 
note) is amended by striking subsection (e).
SEC. 1104. 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''.
SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS.
    Section 9903(d) of title 5, United States Code, is amended--
        (1) by amending paragraph (2) to read as follows:
    ``(2) An employee appointed under this section is not eligible for 
any bonus, monetary award, or other monetary incentive for service, 
except for--
        ``(A) payments authorized under this section; and
        ``(B) in the case of an employee who is assigned in support of 
    a contingency operation (as defined in section 101(a)(13) of title 
    10), allowances and any other payments authorized under chapter 
    59.''; and
        (2) in paragraph (3), by adding at the end the following: ``In 
    computing an employee's total annual compensation for purposes of 
    the preceding sentence, any payment referred to in paragraph (2)(B) 
    shall be excluded.''.
SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS.
    (a) In General.--Chapter 79 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 7906. Services of post-combat case coordinators
    ``(a) Definitions.--For purposes of this section--
        ``(1) the terms `employee', `agency', `injury', `war-risk 
    hazard', and `hostile force or individual' have the meanings given 
    those terms in section 8101; and
        ``(2) the term `qualified employee' means an employee as 
    described in subsection (b).
    ``(b) Requirement.--The head of each agency shall, in a manner 
consistent with the guidelines prescribed under subsection (c), provide 
for the assignment of a post-combat case coordinator in the case of any 
employee of such agency who suffers an injury or disability incurred, 
or an illness contracted, while in the performance of such employee's 
duties, as a result of a war-risk hazard or during or as a result of 
capture, detention, or other restraint by a hostile force or 
individual.
    ``(c) Guidelines.--The Office of Personnel Management shall, after 
such consultation as the Office considers appropriate, prescribe 
guidelines for the operation of this section. Under the guidelines, the 
responsibilities of a post-combat case coordinator shall include--
        ``(1) acting as the main point of contact for qualified 
    employees seeking administrative guidance or assistance relating to 
    benefits under chapter 81 or 89;
        ``(2) assisting qualified employees in the collection of 
    documentation or other supporting evidence for the expeditious 
    processing of claims under chapter 81 or 89;
        ``(3) assisting qualified employees in connection with the 
    receipt of prescribed medical care and the coordination of benefits 
    under chapter 81 or 89;
        ``(4) resolving problems relating to the receipt of benefits 
    under chapter 81 or 89; and
        ``(5) ensuring that qualified employees are properly screened 
    and receive appropriate treatment--
            ``(A) for post-traumatic stress disorder or other similar 
        disorder stemming from combat trauma; or
            ``(B) for suicidal or homicidal thoughts or behaviors.
    ``(d) Duration.--The services of a post-combat case coordinator 
shall remain available to a qualified employee until--
        ``(1) such employee accepts or declines a reasonable offer of 
    employment in a position in the employee's agency for which the 
    employee is qualified, which is not lower than 2 grades (or pay 
    levels) below the employee's grade (or pay level) before the 
    occurrence or onset of the injury, disability, or illness (as 
    referred to in subsection (a)), and which is within the employee's 
    commuting area; or
        ``(2) such employee gives written notice, in such manner as the 
    employing agency prescribes, that those services are no longer 
    desired or necessary.''.
    (b) Clerical Amendment.--The table of sections for chapter 79 of 
title 5, United States Code, is amended by adding after the item 
relating to section 7905 the following:

``7906. Services of post-combat case coordinators.''.
SEC. 1107. AUTHORITY TO WAIVE MAXIMUM-AGE LIMIT FOR CERTAIN 
APPOINTMENTS.
    Section 3307(e) of title 5, United States Code, is amended--
        (1) by striking ``(e) The'' and inserting ``(e)(1) Except as 
    provided in paragraph (2), the''; and
        (2) by adding at the end the following:
    ``(2)(A) In the case of the conversion of an agency function from 
performance by a contractor to performance by an employee of the 
agency, the head of the agency, in consultation with the Director of 
the Office of Personnel Management, may waive any maximum limit of age, 
determined or fixed for positions within such agency under paragraph 
(1), if necessary in order to promote the recruitment or appointment of 
experienced personnel.
    ``(B) For purposes of this paragraph--
        ``(i) the term `agency' means the Department of Defense or a 
    military department; and
        ``(ii) the term `head of the agency' means--
            ``(I) in the case of the Department of Defense, the 
        Secretary of Defense; and
            ``(II) in the case of a military department, the Secretary 
        of such military department.''.
SEC. 1108. SENSE OF CONGRESS RELATING TO PAY PARITY FOR FEDERAL 
EMPLOYEES SERVING AT CERTAIN REMOTE MILITARY INSTALLATIONS.
    It is the sense of Congress that the Secretary of Defense and the 
Director of the Office of Personnel Management should develop 
procedures for determining locality pay for employees of the Department 
of Defense in circumstances that may be unique to such employees, such 
as the assignment of employees to a military installation so remote 
from the nearest established communities or suitable places of 
residence as to handicap significantly the recruitment or retention of 
well qualified individuals, due to the difference between the cost of 
living at the post of assignment and the cost of living in the locality 
or localities where such employees generally reside.
SEC. 1109. FEDERAL INTERNSHIP PROGRAMS.
    (a) In General.--Subchapter I of chapter 31 of title 5, United 
States Code, is amended by inserting after section 3111 the following:
``Sec. 3111a. Federal internship programs
    ``(a) Internship Coordinator.--The head of each agency operating an 
internship program shall appoint an individual within such agency to 
serve as an internship coordinator.
    ``(b) Online Information.--
        ``(1) Agencies.--The Office of Personnel Management shall make 
    publicly available on the Internet--
            ``(A) the name and contact information of the internship 
        coordinator for each agency; and
            ``(B) information regarding application procedures and 
        deadlines for each internship program.
        ``(2) Office of personnel management.--The Office of Personnel 
    Management shall make publicly available on the Internet links to 
    the websites where the information described in paragraph (1) is 
    displayed.
    ``(c) Definitions.--For purposes of this section--
        ``(1) the term `internship program' means--
            ``(A) a volunteer service program under section 3111(b);
            ``(B) an internship program established under Executive 
        Order 13562, dated December 27, 2010 (75 Federal Register 
        82585);
            ``(C) a program operated by a nongovernment organization 
        for the purpose of providing paid internships in agencies under 
        a written agreement that is similar to an internship program 
        established under Executive Order 13562, dated December 27, 
        2010 (75 Federal Register 82585); or
            ``(D) a program that--
                ``(i) is similar to an internship program established 
            under Executive Order 13562, dated December 27, 2010 (75 
            Federal Register 82585); and
                ``(ii) is authorized under another statutory provision 
            of law;
        ``(2) the term `intern' means an individual participating in an 
    internship program; and
        ``(3) the term `agency' means an Executive agency.''.
    (b) Clerical Amendment.--The table of sections for chapter 31 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 3111 the following:

``3111a. Federal internship programs.''.

    (c) Regulations.--The Office of Personnel Management may prescribe 
regulations to carry out the amendment made by subsection (a).
SEC. 1110. EXTENSION AND EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM 
FOR SCIENTIFIC AND TECHNICAL PERSONNEL.
    (a) Extension.--Section 1101 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is amended 
in subsection (e)(1) by striking ``2014'' and inserting ``2016''.
    (b) Expansion of Availability of Personnel Management Authority.--
Subsection (b)(1) of such section is amended--
        (1) in subparagraph (C), by striking ``and'' at the end;
        (2) in subparagraph (D), by inserting ``and'' at the end; and
        (3) 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. 1111. 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. 1112. 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''.

                       Subtitle B--Other Matters

SEC. 1121. 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.--Section 8102a(d) of such title is further 
amended by adding at the end the following:
        ``(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. 1122. 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. 1123. EXTENSION OF CONTINUED HEALTH BENEFITS.
    Section 8905a(d)(4)(B) of title 5, United States Code, is amended--
        (1) by striking ``December 31, 2011'' each place it appears and 
    inserting ``December 31, 2016''; and
        (2) in clause (ii), by striking ``February 1, 2012'' and 
    inserting ``February 1, 2017''.
SEC. 1124. DISCLOSURE OF SENIOR MENTORS.
    (a) Requirement to Disclose Names of Senior Mentors.--The Secretary 
of Defense shall disclose the names of senior mentors serving in the 
Department of Defense by publishing a list of the names on the publicly 
available website of the Department of Defense. The list shall be 
updated at least quarterly.
    (b) Senior Mentor Defined.--In this section, the term ``senior 
mentor'' has the meaning provided in the memorandum from the Secretary 
of Defense relating to policy on senior mentors, dated April 1, 2010.
SEC. 1125. TERMINATION OF JOINT SAFETY CLIMATE ASSESSMENT SYSTEM.
    Effective as of October 1, 2011, or the date of the enactment of 
this Act, whichever is later, the Joint Safety Climate Assessment 
System of the Department of Defense is terminated.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Commanders' Emergency Response Program in Afghanistan.
Sec. 1202. Three-year extension of temporary authority to use 
          acquisition and cross-servicing agreements to lend military 
          equipment for personnel protection and survivability.
Sec. 1203. Extension and expansion of authority for support of special 
          operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to program 
          to build the capacity of foreign military forces.
Sec. 1205. Two-year extension of authorization for non-conventional 
          assisted recovery capabilities.
Sec. 1206. Support of foreign forces participating in operations to 
          disarm the Lord's Resistance Army.
Sec. 1207. Global Security Contingency Fund.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Extension and modification of logistical support for 
          coalition forces supporting operations in Iraq and 
          Afghanistan.
Sec. 1212. One-year extension of authority to transfer defense articles 
          and provide defense services to the military and security 
          forces of Iraq and Afghanistan.
Sec. 1213. One-year extension of authority for reimbursement of certain 
          coalition nations for support provided to United States 
          military operations.
Sec. 1214. Limitation on funds to establish permanent military 
          installations or bases in Iraq and Afghanistan.
Sec. 1215. Authority to support operations and activities of the Office 
          of Security Cooperation in Iraq.
Sec. 1216. One-year extension of authority to use funds for 
          reintegration activities in Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out 
          infrastructure projects in Afghanistan.
Sec. 1218. Two-year extension of certain reports on Afghanistan.
Sec. 1219. Limitation on availability of amounts for reintegration 
          activities in Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency 
          Fund.
Sec. 1221. Benchmarks to evaluate the progress being made toward the 
          transition of security responsibilities for Afghanistan to the 
          Government of Afghanistan.

                  Subtitle C--Reports and Other Matters

Sec. 1231. Report on Coalition Support Fund reimbursements to the 
          Government of Pakistan for operations conducted in support of 
          Operation Enduring Freedom.
Sec. 1232. Review and report on Iran's and China's conventional and 
          anti-access capabilities.
Sec. 1233. Report on energy security of the NATO alliance.
Sec. 1234. Comptroller General of the United States report on the 
          National Guard State Partnership Program.
Sec. 1235. Man-portable air-defense systems originating from Libya.
Sec. 1236. Report on military and security developments involving the 
          Democratic People's Republic of Korea.
Sec. 1237. Sense of Congress on non-strategic nuclear weapons and 
          extended deterrence policy.
Sec. 1238. Annual report on military and security developments involving 
          the People's Republic of China.
Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet 
          Pilot Training program.
Sec. 1240. Report on Russian nuclear forces.
Sec. 1241. Report on progress of the African Union in operationalizing 
          the African Standby Force.
Sec. 1242. Defense cooperation with Republic of Georgia.
Sec. 1243. Prohibition on procurements from Communist Chinese military 
          companies.
Sec. 1244. Sharing of classified United States ballistic missile defense 
          information with the Russian Federation.
Sec. 1245. Imposition of sanctions with respect to the financial sector 
          of Iran.

                  Subtitle A--Assistance and Training

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN.
    (a) Authority for Fiscal Year 2012.--During fiscal year 2012, from 
funds made available to the Department of Defense for operation and 
maintenance, not to exceed $400,000,000 may be used by the Secretary of 
Defense in such fiscal year to provide funds for the Commanders' 
Emergency Response Program in Afghanistan.
    (b) Quarterly Reports and Briefings.--
        (1) Quarterly reports.--Not later than 45 days after the end of 
    each fiscal year quarter of fiscal year 2012, the Secretary of 
    Defense shall submit to the congressional defense committees a 
    report regarding the source of funds and the allocation and use of 
    funds during that quarter that were made available pursuant to the 
    authority provided in this section or under any other provision of 
    law for the purposes of the program under subsection (a).
        (2) Form.--Each report required under paragraph (1) shall be 
    submitted, at a minimum, in a searchable electronic format that 
    enables the congressional defense committees to sort the report by 
    amount expended, location of each project, type of project, or any 
    other field of data that is included in the report.
        (3) Briefings.--Not later than 15 days after the submission of 
    each report required under paragraph (1), appropriate officials of 
    the Department of Defense shall meet with the congressional defense 
    committees to brief such committees on the matters contained in the 
    report.
    (c) Submission of Guidance.--
        (1) Initial submission.--Not later than 30 days after the date 
    of the enactment of this Act, the Secretary of Defense shall submit 
    to the congressional defense committees a copy of the guidance 
    issued by the Secretary to the Armed Forces concerning the 
    allocation of funds through the Commanders' Emergency Response 
    Program in Afghanistan.
        (2) Modifications.--If the guidance in effect for the purpose 
    stated in paragraph (1) is modified, the Secretary shall submit to 
    the congressional defense committees a copy of the modification not 
    later than 15 days after the date on which the Secretary makes the 
    modification.
    (d) Waiver Authority.--For purposes of exercising the authority 
provided by this section or any other provision of law making funding 
available for the Commanders' Emergency Response Program in 
Afghanistan, the Secretary of Defense may waive any provision of law 
not contained in this section that would (but for the waiver) prohibit, 
restrict, limit, or otherwise constrain the exercise of that authority.
    (e) Restriction on Amount of Payments.--Funds made available under 
this section for the Commanders' Emergency Response Program in 
Afghanistan may not be obligated or expended to carry out any project 
if the total amount of funds made available for the purpose of carrying 
out the project, including any ancillary or related elements of the 
project, exceeds $20,000,000.
    (f) Authority To Accept Contributions.--The Secretary of Defense 
may accept cash contributions from any person, foreign government, or 
international organization to provide funds for the Commanders' 
Emergency Response Program in Afghanistan in fiscal year 2012. Funds 
received by the Secretary may be credited to the operation and 
maintenance account from which funds are made available to provide such 
funds, and may be used for such purpose until expended in addition to 
the funds specified in subsection (a).
    (g) Notification.--Not less than 15 days before obligating or 
expending funds made available under this section for the Commanders' 
Emergency Response Program in Afghanistan for a project in Afghanistan 
with a total anticipated cost of $5,000,000 or more, the Secretary of 
Defense shall submit to the congressional defense committees a written 
notice containing the following information:
        (1) The location, nature, and purpose of the proposed project, 
    including how the project is intended to advance the military 
    campaign plan for Afghanistan.
        (2) The budget and implementation timeline for the proposed 
    project, including any other funding under the Commanders' 
    Emergency Response Program in Afghanistan that has been or is 
    anticipated to be contributed to the completion of the project.
        (3) A plan for the sustainment of the proposed project, 
    including any agreement with either the Government of Afghanistan, 
    a department or agency of the United States Government other than 
    the Department of Defense, or a third party contributor to finance 
    the sustainment of the activities and maintenance of any equipment 
    or facilities to be provided through the proposed project.
    (h) Commanders' Emergency Response Program in Afghanistan 
Defined.--In this section, the term ``Commanders' Emergency Response 
Program in Afghanistan'' means the program that--
        (1) authorizes United States military commanders in Afghanistan 
    to carry out small-scale projects designed to meet urgent 
    humanitarian relief requirements or urgent reconstruction 
    requirements within their areas of responsibility; and
        (2) provides an immediate and direct benefit to the people of 
    Afghanistan.
    (i) Conforming Amendment.--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 hereby repealed.
SEC. 1202. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE 
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT 
FOR PERSONNEL PROTECTION AND SURVIVABILITY.
    (a) Authority.--Subsection (a) of section 1202 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 
109-364; 120 Stat. 2412), as amended by section 1203(a) of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111-383; 124 Stat. 4386), is further amended--
        (1) in paragraph (1), by striking ``Iraq or''; and
        (2) in paragraph (3)--
            (A) in subparagraph (A), by striking ``Iraq or''; and
            (B) in subparagraph (C), by striking ``Iraq, Afghanistan, 
        or'' and inserting ``Afghanistan or''.
    (b) Expiration.--Subsection (e) of such section, as 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. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF SPECIAL 
OPERATIONS TO COMBAT TERRORISM.
    (a) Authority.--Subsection (a) of section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118 Stat. 2086), as most recently amended by section 1201 
of the Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111-383; 124 Stat. 4385), is further amended by 
striking ``$45,000,000'' and inserting ``$50,000,000''.
    (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''.
    (c) Extension.--Subsection (h) of such section, 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 ``2015''.
    (d) Briefing and Report.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall provide to 
the Committees on Armed Services of the Senate and House of 
Representatives a briefing and a report that outlines future 
authorities the Secretary of Defense determines may be necessary to 
adequately conduct counterterrorism, unconventional warfare, and 
irregular warfare missions by special operations forces.
SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO 
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
    (a) Limitation.--
        (1) In general.--Subsection (c) of 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(a) of the 
    Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
    (Public Law 111-383; 124 Stat. 4389), is further amended in 
    paragraph (5) by striking ``fiscal year 2012'' and inserting ``each 
    of fiscal years 2012 and 2013''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    take effect on the date of the enactment of this Act and shall 
    apply with respect to programs under subsection (a) of such section 
    that begin on or after that date.
    (b) Report.--Subsection (f) of such section is amended to read as 
follows:
    ``(f) Report.--
        ``(1) In general.--Not later than 90 days after the end of each 
    fiscal year, the Secretary of Defense shall, with the concurrence 
    of the Secretary of State, transmit to the congressional committees 
    specified in subsection (e)(3) a report on the implementation of 
    this section for such fiscal year.
        ``(2) Matters to be included.--Each report under paragraph (1) 
    shall include the following:
            ``(A) For each program to build the capacity of a foreign 
        country's national military forces or maritime security forces 
        to conduct counterterrorism operations that was carried out 
        during the fiscal year covered by such report the following:
                ``(i) A description of the nature and the extent of the 
            potential or actual terrorist threat that the program is 
            intended to address.
                ``(ii) A description of the program, including the 
            objectives of the program and the types of recipient nation 
            units receiving assistance under the program.
                ``(iii) A description of the extent to which the 
            program is implemented by United States Government 
            personnel or contractors.
                ``(iv) A description of the participation, if any, of 
            the foreign country in the formulation of the program.
                ``(v) A description of the arrangements, if any, for 
            the sustainment of the program and of the source of funds 
            to support sustainment of the program.
                ``(vi) An assessment of the effectiveness of the 
            program in building the capacity of the foreign country to 
            conduct counterterrorism operations during the fiscal year 
            covered by such report, and a description of the metrics 
            used to evaluate the effectiveness of the program.
            ``(B) A description of the procedures and guidance for 
        monitoring and evaluating the results of programs under this 
        section.''.
    (c) One-year Extension of Authority.--Subsection (g) of such 
section, as most recently amended by section 1207(b) of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 (124 Stat. 
4389), is further amended--
        (1) by striking ``September 30, 2012'' and inserting 
    ``September 30, 2013''; and
        (2) by striking ``fiscal years 2006 through 2012'' and 
    inserting ``fiscal years 2006 through 2013''.
SEC. 1205. TWO-YEAR EXTENSION OF AUTHORIZATION FOR NON-CONVENTIONAL 
ASSISTED RECOVERY CAPABILITIES.
    (a) Non-conventional Assisted Recovery Capabilities.--Subsection 
(a) of section 943 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578) is 
amended by striking ``Operation and Maintenance, Navy'' and inserting 
``Operation and Maintenance, Defense-wide''.
    (b) Authorized Activities.--Subsection (c) of such section is 
amended--
        (1) by inserting ``entities conducting activities relating to 
    operational preparation of the environment, including'' after 
    ``include the provision of support to''; and
        (2) by striking ``or individuals'' and inserting ``or 
    individuals,''.
    (c) Notice to Congress on Use of Authority.--Subsection (d) of such 
section is amended--
        (1) by striking ``Upon'' and inserting the following:
        ``(1) Notice.--The Secretary of Defense shall notify the 
    congressional defense committees not later than 30 days prior to'';
        (2) by striking ``, the Secretary of Defense shall notify the 
    congressional defense committees within 72 hours of the use of such 
    authority with respect to support of such activities'' and 
    inserting a period; and
        (3) by adding at the end the following:
        ``(2) Content.--Each notification required under paragraph (1) 
    shall include the following information:
            ``(A) The amount of funds made available for support of 
        non-conventional assisted recovery activities.
            ``(B) A description of the non-conventional assisted 
        recovery activities.
            ``(C) An identification of the type of recipients to 
        receive support for non-conventional assisted recovery 
        activities, including foreign forces, irregular forces, groups, 
        or individuals, as appropriate.''.
    (d) Quarterly Report.--Subsection (e) of such section is amended to 
read as follows:
    ``(e) Quarterly Report.--
        ``(1) Report.--The Secretary of Defense shall submit to the 
    relevant congressional defense committees a report on support for 
    non-conventional assisted recovery activities under subsection (a) 
    of this section. Such report shall be included as a part of the 
    classified quarterly report on similar activities.
        ``(2) Contents.--The report shall, with respect to the covered 
    period, include the following information:
            ``(A) The amount of funds obligated for support of non-
        conventional assisted recovery activities.
            ``(B) A description of the non-conventional assisted 
        recovery activities.
            ``(C) An identification of the type of recipients to 
        receive support for non-conventional assisted recovery 
        activities, including foreign forces, irregular forces, groups, 
        or individuals, as appropriate.
            ``(D) The total amount of funds obligated for support of 
        non-conventional assisted recovery activities, including budget 
        details.
            ``(E) The total amount of funds obligated for support of 
        non-conventional assisted recovery activities in prior fiscal 
        years.
            ``(F) The intended duration of support for support of non-
        conventional assisted recovery activities.
            ``(G) A description of support or training provided to the 
        recipients of support.
            ``(H) A value assessment of the support provided.
        ``(3) Covered period.--In this subsection, the term `covered 
    period' means the period with respect to which the classified 
    quarterly report on similar activities applies.''.
    (e) Limitation on Intelligence Activities.--Subsection (f) of such 
section is amended by inserting ``or support'' after ``conduct''.
    (f) Limitation on Foreign Assistance Activities.--Subsection (g)(2) 
of such section is amended by striking ``defense articles or defense 
services'' and inserting ``defense articles, defense services, or 
defense technologies''.
    (g) Period of Authority.--Subsection (h) of such section is amended 
by striking ``2011'' and inserting ``2013''.
SEC. 1206. SUPPORT OF FOREIGN 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 for foreign 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.--
        (1) In general.--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).
        (2) Availability of funds across fiscal years.--Amounts 
    available under this subsection for a fiscal year for support under 
    the authority in subsection (a) may be used for support under that 
    authority that begins in such fiscal year but ends in the next 
    fiscal year.
    (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 less than 15 
days before 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) 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.
    (h) Expiration.--The authority provided under this section may not 
be exercised after September 30, 2013.
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'' (in this section referred to as the 
``Fund'').
    (b) Authority.--Notwithstanding any other provision of law (other 
than the provisions of section 620A of the Foreign Assistance Act of 
1961 (22 U.S.C. 2371) and the section 620J of such Act relating to 
limitations on assistance to security forces (22 U.S.C. 2378d)), 
amounts in the Fund shall be available to either the Secretary of State 
or the Secretary of Defense 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) To enhance the capabilities of a country's national 
    military forces, and other national security forces that conduct 
    border and maritime security, internal defense, 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) For the justice sector (including law enforcement and 
    prisons), rule of law programs, and stabilization efforts in a 
    country in 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 the 
        country concerned.
    (d) 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, before 
    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, before implementation.
    (e) 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 available to 
carry out this section.
    (f) Transfer Authority.--
        (1) Department of defense funds.--Funds authorized to be 
    appropriated to the Department of Defense for operation and 
    maintenance for Defense-wide activities 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 otherwise 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 transferred to the 
    Fund in any fiscal year from the Department of Defense may not 
    exceed $200,000,000.
        (3) Transfers to other accounts.--Funds available to carry out 
    assistance authorized by this section may be transferred to an 
    agency or account determined most appropriate to facilitate the 
    provision of assistance authorized by this section.
        (4) Relation to other transfer authorities.--The transfer 
    authorities in paragraphs (1) and (3) are in addition to any other 
    transfer authority available to the Department of Defense.
    (g) Allocation of Contributions To Assistance.--The contribution of 
the Secretary of State to an activity under the authority in subsection 
(b) shall be not less than 20 percent of the total amount required for 
such activity. The contribution of the Secretary of Defense to such 
activity shall be not more than 80 percent of the total amount 
required.
    (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, except that amounts appropriated or 
transferred to the Fund before that date shall remain available for 
obligation and expenditure after that date for activities under 
programs commenced under subsection (b) before that date.
    (j) Administrative Expenses.--Amounts in the Fund may be used for 
necessary administrative expenses in connection with the provision of 
assistance under this section.
    (k) Detail of Personnel.--The head of an agency of the United 
States Government may detail personnel to the Department of State to 
carry out the purposes of this section, with or without reimbursement 
for all or part of the costs of salaries and other expenses associated 
with such personnel.
    (l) Notices to Congress.--
        (1) In general.--Not less than 15 days before initiating an 
    activity under a program of assistance under subsection (b), the 
    Secretary of State, with the concurrence of the Secretary of 
    Defense, shall submit to the specified congressional committees a 
    notification that includes the following:
            (A) A detailed justification for the program.
            (B) The budget, execution plan and timeline, and 
        anticipated completion date for the activity.
            (C) A list of other security-related assistance or justice 
        sector and stabilization assistance that the United States is 
        currently providing the country concerned and that is related 
        to or supported by the activity.
            (D) Such other information relating to the program or 
        activity as the Secretary of State or Secretary of Defense 
        considers appropriate.
        (2) Exercise of transfer authority.--No transfer of funds into 
    the Fund under subsection (f) or any other authority may occur 
    until 15 days after the specified congressional committees are 
    notified of the transfer.
        (3) Guidance and processes for exercise of authority.--The 
    Secretary of State, with the concurrence of the Secretary of 
    Defense, shall notify the specified congressional committees 15 
    days after the date on which all necessary guidance has been issued 
    and processes for implementation of the authority in subsection (b) 
    are established and fully operational.
    (m) Annual Reports.--Not later than October 30, 2012, and annually 
thereafter until the expiration of the authority in subsection (b) 
pursuant to subsection (q), the Secretary of State and the Secretary of 
Defense jointly shall submit to the specified congressional committees 
a report on the following:
        (1) The obligation of funds from, and transfer of funds into, 
    the Fund during the preceding fiscal year.
        (2) The status of programs and activities authorized under this 
    section during the preceding fiscal year.
    (n) Transitional Authorities.--
        (1) In general.--The Secretary of Defense may, with the 
    concurrence of the Secretary of State, provide the types of 
    assistance described in subsection (c), and assistance for minor 
    military construction, during fiscal year 2012 as follows:
            (A) 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.
            (B) To enhance the capacity of national military forces 
        participating in the African Union Mission in Somalia to 
        conduct counterterrorism operations described in subparagraph 
        (A).
            (C) To enhance the ability of the Yemen Ministry of 
        Interior Counter Terrorism Forces to conduct counter-terrorism 
        operations against al-Qaeda in the Arabian Peninsula and its 
        affiliates.
        (2) Limitations.--
            (A) Assistance otherwise prohibited by law.--The Secretary 
        of Defense may not use the authority in this subsection to 
        provide any type of assistance that is otherwise prohibited by 
        any provision of law.
            (B) Eligible countries.--The Secretary of Defense may not 
        use the authority in this subsection to provide a type of 
        assistance to a foreign country that is otherwise prohibited 
        from receiving such type of assistance under any other 
        provision of law.
            (C) Yemen.--The authority specified in paragraph (1)(C), 
        and the authority to provide assistance pursuant to section 
        1206 of the National Defense Authorization Act for Fiscal Year 
        2006 (Public Law 109-163; 119 Stat. 2456), may not be used for 
        Yemen until 30 days after the date on which the Secretary of 
        Defense and the Secretary of State jointly certify in writing 
        to the specified congressional committees that the use of such 
        authority is important to the national security interests of 
        the United States. The certification shall include the 
        following:
                (i) The reasons for the certification.
                (ii) A justification for the provision of assistance.
                (iii) 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 so 
            provided will be utilized in manner consistent with 
            subsection (c)(2).
        (3) Notice to congress.--Not less than 15 days before funds are 
    obligated to provide assistance under this subsection, the 
    Secretary of Defense shall submit to the specified congressional 
    committees a notice setting forth the following:
            (A) The type of assistance to be provided.
            (B) The national military forces to be supported.
            (C) The objectives of such assistance.
            (D) The estimated cost of such assistance.
            (E) The intended duration of such assistance.
        (4) Termination.--
            (A) In general.--Assistance authorized by this subsection 
        may be provided until the earlier of--
                (i) the date on which the Secretary of State determines 
            that all necessary guidance has been issued and processes 
            for implementation of the authority in subsection (b) are 
            established and fully operational; or
                (ii) September 30, 2012.
            (B) Completion of ongoing activities after termination.--An 
        assistance activity authorized by this subsection that begins 
        before the date of termination provided in subparagraph (A) may 
        be completed after that date, but only using funds available 
        before that date.
    (o) Funding.--
        (1) Fiscal year 2012.--The total amount available to the 
    Department of Defense and the Department of State to provide 
    assistance under this section during fiscal year 2012 may not 
    exceed $350,000,000, of which--
            (A) $75,000,000 may be used for assistance authorized by 
        subparagraphs (A) and (B) of subsection (n)(1); and
            (B) $75,000,000 may be used for assistance authorized by 
        subparagraph (C) of subsection (n)(1).
        (2) Fiscal years 2013 and after.--The total amount available to 
    the Department of Defense and the Department of State to provide 
    assistance under this section during a fiscal year after fiscal 
    year 2012 may not exceed $300,000,000.
    (p) 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.
    (q) Expiration.--The authority under this section may not be 
exercised after September 30, 2015. An activity under a program 
authorized by subsection (b) commenced before that date may be 
completed after that date, b