[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 u