[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1540 Referred in Senate (RFS)]
112th CONGRESS
1st Session
H. R. 1540
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 6, 2011
Received; read twice and referred to the Committee on Armed Services
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2012''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(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 retirement of C-23 aircraft.
Sec. 112. Limitation on procurement of Stryker combat vehicles.
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 funding for detail design and construction of LHA
replacement ship designated LHA-7.
Sec. 122. Multiyear funding for procurement of Arleigh Burke-class
destroyers.
Sec. 123. Multiyear procurement authority for mission avionics and
common cockpits for Navy MH-60R/S
helicopters.
Sec. 124. Separate procurement line item for certain Littoral Combat
Ship mission modules.
Sec. 125. Life-cycle cost-benefit analysis on alternative maintenance
and sustainability plans for the Littoral
Combat Ship program.
Sec. 126. Limitation on availability of funds for F/A-18 service life
extension program.
Sec. 127. Ford-class aircraft carrier procurement.
Subtitle D--Air Force Programs
Sec. 131. B-1 Bomber force structure.
Sec. 132. Procurement of advanced extremely high frequency satellites.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Joint Improvised Explosive Device Defeat Fund.
Sec. 142. Contracts for commercial imaging satellite capacities.
Sec. 143. Limitation on availability of funds for acquisition of joint
tactical radio system.
Sec. 144. Limitation on availability of funds for aviation foreign
internal defense program.
Sec. 145. Limitation on availability of funds for commercial satellite
procurement.
Sec. 146. Procurement of tents or other temporary structures.
Sec. 147. Separate procurement line item for non-lethal weapons
funding.
Sec. 148. Study on domestic capacity for manufacture of ship shafts and
other forged components.
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 Ohio-class ballistic
missile submarine replacement program.
Sec. 214. Limitation on availability of funds for amphibious assault
vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the propulsion system
for the F-35 Lightning II aircraft program.
Sec. 216. Limitation on obligation of funds for joint replacement fuze
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. Advanced rotorcraft flight research and development.
Sec. 220. Designation of main propulsion system 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. Prohibition on delegation of budgeting authority for certain
research and educational programs.
Sec. 223. Limitation on availability of funds for Future Unmanned
Carrier-based Strike System.
Subtitle C--Missile Defense Programs
Sec. 231. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 232. Limitation on availability of funds for Medium Extended Air
Defense System.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense system.
Sec. 235. Study on space-based interceptor technology.
Subtitle D--Reports
Sec. 241. Annual comptroller general report on the KC-46A aircraft
acquisition program.
Sec. 242. Independent review and assessment of cryptographic
modernization program.
Sec. 243. Report on feasibility of electromagnetic rail gun system.
Subtitle E--Other Matters
Sec. 251. Repeal of Requirement for Technology Transition Initiative.
Sec. 252. Preservation and storage of certain property related to F136
propulsion system.
Sec. 253. Extension of authority for mechanisms to provide funds for
defense laboratories for research and
development of technologies for military
missions.
Sec. 254. Application of RNA biological and functional science and
technology.
Sec. 255. Sense of Congress on active matrix organic light emitting
diode technology.
Sec. 256. Prohibition on use of funds for newly designed flight suit.
Sec. 257. National defense education program.
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. Military installation implementation of land management plans
and sustainability studies.
Sec. 313. Improved Sikes Act coverage of State-owned facilities used
for the national defense.
Sec. 314. Discharge of wastes at sea generated by ships of the Armed
Forces.
Sec. 315. Designation of Department of Defense executive agent for
alternative fuel development.
Sec. 316. Favorable consideration of energy-efficient technologies in
contracts for logistics support of
contingency operations.
Sec. 317. Health assessment reports required when waste is disposed of
in open-air burn pits.
Sec. 318. Fire suppression agents.
Subtitle C--Logistics and Sustainment
Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Core logistics capabilities.
Sec. 323. Designation of military industrial facilities as Centers of
Industrial and Technical Excellence.
Sec. 324. Redesignation of core competencies as core logistics
capabilities for Centers of Industrial and
Technical Excellence.
Sec. 325. Permanent and expanded authority for Army industrial
facilities to enter into certain
cooperative arrangements with non-Army
entities.
Sec. 326. Amendment to requirement relating to consideration of
competition throughout operation and
sustainment of major weapon systems.
Sec. 327. Implementation of corrective actions resulting from corrosion
study of the F-22 and F-35 aircraft.
Sec. 328. Modification of requirements relating to minimum capital
investment for certain depots.
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.
Sec. 333. Sense of Congress regarding integration of ballistic missile
defense training across and between
combatant commands and military services.
Subtitle E--Reports
Sec. 341. Annual certification and modifications of annual report on
prepositioned materiel and equipment.
Sec. 342. Modification of report on maintenance and repair of vessels
in foreign shipyards.
Sec. 343. Additional requirements for annual report on military working
dogs.
Sec. 344. Assessment and reporting requirements regarding the status of
compliance with joint military training and
force allocations.
Sec. 345. Study of United States Pacific Command training readiness.
Sec. 346. Additional matters for inclusion in annual report on
operational energy.
Subtitle F--Limitations and Extensions 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. 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.
Sec. 355. Modification of report on SEAD/DEAD mission requirements of
the Air Force.
Sec. 356. Limitation on obligation and expenditure of funds for
migration of management of Air Force
Enterprise Logistics Systems Program
Executive Office pending cost-benefit
analysis.
Subtitle G--Other Matters
Sec. 361. Consideration of foreclosure circumstances in adjudication of
security clearances.
Sec. 362. Authority to provide information for maritime safety of
forces and hydrographic support.
Sec. 363. Deposit of reimbursed funds under reciprocal fire protection
agreements.
Sec. 364. Reduction in amounts otherwise authorized to be appropriated
to the Department of Defense for printing
and reproduction.
Sec. 365. Reduction in amounts otherwise authorized to be appropriated
to the Department of Defense for studies,
analysis, and evaluations.
Sec. 366. Clarification of the airlift service definitions relative to
the Civil Reserve Air Fleet.
Sec. 367. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 368. Sense of Congress on proposed Federal Aviation Administration
changes to flight crew member duty and rest
requirements.
Sec. 369. Policy on Active Shooter Training for certain law enforcement
personnel.
Sec. 370. Assistance for homeland defense mission training.
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.
Subtitle B--Reserve Component Management
Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Preseparation counseling for members of the reserve
components.
Sec. 513. Clarification of applicability of authority for deferral of
mandatory separation of military
technicians (dual status) until age 60.
Sec. 514. Modification of eligibility for consideration for promotion
for reserve officers employed as military
technicians (dual status).
Sec. 515. Chief of National Guard Bureau.
Subtitle C--General Service Authorities
Sec. 521. Findings regarding 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. Authorized leave available for members of the Armed Forces
upon birth or adoption of a child.
Sec. 524. Extension of authority to conduct programs on career
flexibility to enhance retention of members
of the Armed Forces.
Sec. 525. Policy on military recruitment and enlistment of graduates of
secondary schools.
Sec. 526. Navy recruiting and advertising.
Sec. 527. Limitation on simultaneous deployment to combat zones of
dual-military couples who have minor
dependents.
Sec. 528. Department of Defense suicide prevention program.
Sec. 529. Designation of persons authorized to direct disposition of
remains of members of the Armed Forces.
Sec. 530. Protected communications by members of the Armed Forces and
prohibition of retaliatory personnel
actions.
Sec. 531. Retroactive award of Army Combat Action Badge.
Sec. 532. Notification requirement for determination made in response
to review of proposal for award of Medal of
Honor not previously submitted in timely
fashion.
Subtitle D--Military Justice and Legal Matters
Sec. 531. Procedures for judicial review of military personnel
decisions relating to correction of
military records.
Sec. 532. Clarification of application and extent of direct acceptance
of gifts authority.
Sec. 533. Additional condition on repeal of Don't Ask, Don't Tell
policy.
Sec. 534. Military regulations regarding marriage.
Sec. 535. Use of military installations as site for marriage ceremonies
and participation of chaplains and other
military and civilian personnel in their
official capacity.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 541. Improved access to apprenticeship programs for members of the
Armed Forces who are being separated from
active duty or retired.
Sec. 542. Expansion of reserve health professionals stipend program to
include students in mental health degree
programs in critical wartime specialties.
Sec. 543. Administration of United States Air Force Institute of
Technology.
Sec. 544. Appointments to military service academies from nominations
made by the governor of Puerto Rico.
Sec. 545. Temporary authority to waive maximum age limitation on
admission to United States Military
Academy, United States Naval Academy, and
United States Air Force Academy.
Sec. 546. Education and employment advocacy program for wounded members
of the Armed Forces.
Sec. 547. Report on tuition assistance program for off-duty training or
education.
Sec. 548. Troops-to-Teachers Program.
Sec. 549. Diversity recruitment efforts for the military service
academies.
Subtitle F--Army National Military Cemeteries
Sec. 551. Army National Military Cemeteries.
Sec. 552. Inspector General of the Department of Defense inspection of
military cemeteries.
Subtitle G--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 H--Military Family Readiness Matters
Sec. 571. Revision to membership of Department of Defense Military
Family Readiness Council.
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. Protection of child custody arrangements for parents who are
members of the Armed Forces.
Sec. 574. Center for Military Family and Community Outreach.
Sec. 575. Mental health support for military personnel and families.
Sec. 576. Report on Department of Defense autism pilot projects.
Sec. 577. Sense of Congress regarding financial counseling for military
families.
Sec. 578. Matters covered by preseparation counseling for members of
the Armed Forces and their spouses.
Subtitle I--Improved Sexual Assault Prevention and Response in the
Armed Forces
Sec. 581. Director of Sexual Assault Prevention and Response Office.
Sec. 582. Sexual Assault Response Coordinators and Sexual Assault
Victim Advocates.
Sec. 583. Sexual assault victims access to legal counsel and services
of Sexual Assault Response Coordinators and
Sexual Assault Victim Advocates.
Sec. 584. Privilege in cases arising under Uniform Code of Military
Justice against disclosure of
communications between sexual assault
victims and Sexual Assault Response
Coordinators, Victim Advocates, and certain
other persons.
Sec. 585. Maintenance of records prepared in connection with sexual
assaults involving members of the Armed
Forces or dependents of members.
Sec. 586. Expedited consideration and priority for application for
consideration of a permanent change of
station or unit transfer based on
humanitarian conditions for victim of
sexual assault.
Sec. 587. Training and education programs for sexual assault prevention
and response program.
Subtitle J--Other Matters
Sec. 591. Authority to provide support and services for certain
organizations and activities outside
Department of Defense.
Sec. 592. Display of State, District of Columbia, and territorial flags
by Armed Forces.
Sec. 593. Military adaptive sports program.
Sec. 594. Wounded warrior careers program.
Sec. 595. Comptroller General study of military necessity of Selective
Service System and alternatives.
Sec. 596. Sense of Congress regarding playing of bugle call commonly
known as ``Taps'' at military funerals,
memorial services, and wreath laying
ceremonies.
Sec. 597. Sense of Congress regarding support for Yellow Ribbon Day.
Sec. 598. Postal benefits program.
Sec. 599A. Prohibition on the unauthorized use of names and images of
members of the Armed Forces.
Sec. 599B. Review regarding award of Medal of Honor to Jewish American
World War I veterans.
Sec. 599C. Limitation on military musical units.
Sec. 599D. Authorization and request for award of Medal of Honor to
Emil Kapaun for acts of valor during the
Korean War.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2012 increase in military basic pay.
Sec. 602. Resumption of authority to provide temporary increase in
rates of basic allowance for housing under
certain circumstances.
Sec. 603. 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. One-year extension of authorities relating to payment of
referral bonuses.
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.
Sec. 622. Mandatory provision of travel and transportation allowances
for non-medical attendants for seriously
ill and wounded members of the Armed
Forces.
Sec. 623. Inclusion of members of the Armed Forces assigned to Egypt
Multi-National Force and Observers Mission
in United States Central Command rest and
recuperation absence program.
Subtitle D--Consolidation and Reform of Travel and Transportation
Authorities
Sec. 631. Purpose.
Sec. 632. Consolidation and reform of travel and transportation
authorities of the uniformed services.
Sec. 633. Old-law travel and transportation authorities transition
expiration date and transfer of current
sections.
Sec. 634. Addition of sunset provision to old-law travel and
transportation authorities.
Sec. 635. Technical and clerical amendments.
Sec. 636. Transition provisions.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations
Sec. 641. Expansion of use of uniform funding authority to include
permanent change of station and temporary
duty lodging programs operated through
nonappropriated fund instrumentalities.
Sec. 642. Contracting authority for nonappropriated fund
instrumentalities to provide and obtain
goods and services.
Sec. 643. Designation of Fisher House for the Families of the Fallen
and Meditation Pavilion at Dover Air Force
Base as a Fisher House.
Sec. 644. Discretion of the Secretary of the Navy to select categories
of merchandise to be sold by ship stores
afloat.
Sec. 645. Access of military exchange stores system to credit available
through Federal Financing Bank.
Sec. 646. Enhanced commissary stores pilot program.
Subtitle F--Disability, Retired Pay and Survivor Benefits
Sec. 651. Monthly amount and duration of special survivor indemnity
allowance for widows and widowers of
deceased members of the Armed Forces
affected by required Survivor Benefit Plan
annuity offset for dependency and indemnity
compensation.
Subtitle G--Other Matters
Sec. 661. Reimbursement of American National Red Cross for humanitarian
support and other services provided to
members of the Armed Forces and their
dependents.
Sec. 662. Treatment of members of the Armed Forces and civilian
employees of the Department of Defense who
were killed or wounded in the November 5,
2009, attack at Fort Hood, Texas.
Sec. 663. Report on incentives for recruitment and retention of health
care professionals for reserve components.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Provision of food to certain members and dependents not
receiving inpatient care in military
medical treatment facilities.
Sec. 703. Behavioral health support for members of the reserve
components of the Armed Forces.
Sec. 704. Transition enrollment of uniformed services family health
plan medicare-eligible retirees to TRICARE
for life.
Sec. 705. Mental health assessments for members of the Armed Forces
deployed in support of a contingency
operation.
Sec. 706. TRICARE Standard for certain members of the Individual Ready
Reserve.
Subtitle B--Health Care Administration
Sec. 711. Unified medical command.
Sec. 712. Limitation on availability of funds for the future electronic
health records program.
Sec. 713. Expansion of State licensure exception for certain health
care professionals.
Subtitle C--Other Matters
Sec. 721. Review of women-specific health services and treatment for
female members of the Armed Forces.
Sec. 722. Comptroller General reviews of Department of Defense-
Department of Veterans Affairs Medical
Facility Demonstration Project.
Sec. 723. Comptroller General report on contracted health care staffing
for military medical treatment facilities.
Sec. 724. Treatment of wounded warriors.
Sec. 725. Cooperative health care agreements.
Sec. 726. Prostate cancer imaging research initiative.
Sec. 727. Defense Centers of Excellence for Psychological Health and
Traumatic Brain Injury.
Sec. 728. Collaborative military-civilian trauma training programs.
Sec. 729. Traumatic brain injury.
Sec. 730. Competitive programs for alcohol and substance abuse
disorders.
Sec. 731. Pilot program on payment for treatment of members of the
Armed Forces and veterans for traumatic
brain injury and post-traumatic stress
disorder.
Sec. 732. Report on establishment of registry on occupational and
environmental chemical hazards.
Sec. 733. Provision of rehabilitative equipment under Wounded Warrior
Act.
Sec. 734. Sense of Congress on post-traumatic stress disorder.
Sec. 735. Report on research and treatment of post-traumatic stress
disorder.
Sec. 736. Study on breast cancer among members of the Armed Forces and
veterans.
Sec. 737. Transfer of Defense Centers of Excellence for Psychological
Health and Traumatic Brain Injury.
Sec. 738. Report on memorandum regarding traumatic brain injuries.
Sec. 739. Frequency of reports on continued viability of TRICARE
Standard and TRICARE Extra.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Requirements relating to core logistics 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. Supplier risk management.
Sec. 805. Extension of availability of funds in the Defense Acquisition
Workforce Development Fund.
Sec. 806. Defense Contract Audit Agency annual report.
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
deliver order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase
right-hand drive passenger sedans.
Sec. 815. Amendment relating to buying tents, tarpaulins, or covers
from American sources.
Sec. 816. Para-aramid fibers and yarns.
Sec. 817. Repeal of sunset of authority to procure fire resistant rayon
fiber from foreign sources for the
production of uniforms.
Subtitle C--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
Sec. 821. Restrictions on awarding contracts in support of contingency
operations in Iraq or Afghanistan to
adverse entities.
Sec. 822. Authority to use higher thresholds for procurements in
support of contingency operations.
Sec. 823. Authority to examine records of foreign contractors
performing contracts in support of
contingency operations in Iraq or
Afghanistan.
Sec. 824. Definitions.
Sec. 825. Quality Assurance Surveillance Plan for security contractors
operating in Afghanistan and in support of
other contingency operations.
Sec. 826. Competition and review of contracts for property or services
in support of a contingency operation.
Subtitle D--Defense Industrial Base Matters
Sec. 831. Assessment of the defense industrial base pilot program.
Sec. 832. Department of Defense assessment of industrial base for
potential shortfalls.
Sec. 833. Comptroller General assessment of Government competition in
the Department of Defense industrial base.
Sec. 834. Report on impact of foreign boycotts on the defense
industrial base.
Sec. 835. Rare earth material inventory plan.
Subtitle E--Other Matters
Sec. 841. Miscellaneous amendments to Public Law 111-383 relating to
acquisition.
Sec. 842. Procurement of photovoltaic devices.
Sec. 843. Clarification of jurisdiction of the United States district
courts to hear bid protest disputes
involving maritime contracts.
Sec. 844. Exemption of Department of Defense from alternative fuel
procurement requirement.
Sec. 845. Preference for potential contractors that carry out certain
activities.
Sec. 846. Reports on use of indemnification agreements.
Sec. 847. Prohibition on disclosure of political contributions.
Sec. 848. Sense of Congress on long-term contracting for alternative
fuels.
Sec. 849. Acquisition workforce improvements.
Sec. 850. Additional information on waivers under the Buy American Act
by Department of Defense required to be
included in annual report.
Sec. 851. Assessment of Department of Defense contracting actions and
the impact on small businesses.
Sec. 852. Department of Defense operational contract support plan.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Revision of defense business systems requirements.
Sec. 902. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Subtitle B--Space Activities
Sec. 911. Harmful Interference to Department of Defense Global
Positioning System.
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.
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. Amendments to annual defense manpower requirements report.
Sec. 935. Revisions to strategic workforce plan.
Sec. 936. Technical amendments to requirement for inventory of
contracts for services.
Sec. 937. Modification of temporary suspension of public-private
competitions for conversion of Department
of Defense functions to contractor
performance.
Sec. 938. Preliminary planning and duration of public-private
competitions.
Sec. 939. Conversion of certain functions from contractor performance
to performance by Department of Defense
civilian employees.
Sec. 940. Assessment of appropriate Department of Defense and
contractor personnel for the Defense
Medical Readiness Training Institute.
Subtitle E--Quadrennial Roles and Missions and Related Matters
Sec. 951. Transfer of provisions relating to quadrennial roles and
missions review.
Sec. 952. Revisions to quadrennial roles and missions review.
Sec. 953. Amendment to presentation of future-years budget and
Comptroller General report on budget
justification material.
Sec. 954. Chairman of the Joint Chiefs of Staff assessment of
contingency plans.
Sec. 955. Quadrennial defense review.
Subtitle F--Other Matters
Sec. 961. Deadline revision for report on foreign language proficiency.
Sec. 962. Military activities in cyberspace.
Sec. 963. Activities to improve multilateral, bilateral, and regional
cooperation regarding cybersecurity.
Sec. 964. Report on United States Special Operations Command structure.
Sec. 965. Sense of Congress regarding the performance of commercially-
available activities by Department of
Defense civilian employees.
Sec. 966. Clarification of status of participants of Defense Industrial
Base active cyber defense pilot project.
Sec. 967. Expansion of oversight offices in Department of Defense.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Subtitle B--Counter-Drug Activities and Counter Transnational Criminal
Activities
Sec. 1011. Extension of authority for joint task forces to provide
support to law enforcement agencies
conducting counterterrorism activities.
Sec. 1012. Extension of authority of Department of Defense to provide
additional support for counterdrug
activities of other governmental agencies.
Sec. 1013. One-year extension of authority to provide additional
support for counter-drug activities of
certain foreign governments.
Sec. 1014. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1015. Mitigation of national security threats along the border of
the United States and Mexico.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Budgeting for construction of naval vessels.
Sec. 1022. Naming of Naval vessel after United States Marine Corps
Sergeant Rafael Peralta.
Subtitle D--Counterterrorism
Sec. 1031. Definition of individual detained at Guantanamo.
Sec. 1032. Extension of authority to make rewards for combating
terrorism.
Sec. 1033. Clarification of right to plead guilty in trial of capital
offense by military commission.
Sec. 1034. Affirmation of armed conflict with al-Qaeda, the Taliban,
and associated forces.
Sec. 1035. Requirement for national security protocols governing
detainee communications.
Sec. 1036. Process for the review of necessity for continued detention
of individuals detained at Naval Station,
Guantanamo Bay, Cuba.
Sec. 1037. Prohibition on use of funds to construct or modify
facilities in the United States to house
detainees transferred from Naval Station
Guantanamo Bay, Cuba.
Sec. 1038. Prohibition on family member visitation of individuals
detained at Naval Station, Guantanamo Bay,
Cuba.
Sec. 1039. Prohibition on the transfer or release of certain detainees
to or within the United States.
Sec. 1040. Prohibitions relating to the transfer or release of certain
detainees to or within foreign countries.
Sec. 1041. Counterterrorism operational briefing requirement.
Sec. 1042. Requirement for Department of Justice consultation regarding
prosecution of terrorists.
Sec. 1043. Prohibition on United States citizenship for detainees
repatriated to the Federated States of
Micronesia, the Republic of Palau, and the
Republic of the Marshall Islands.
Sec. 1044. Sense of Congress regarding the efforts by the Department of
Defense to keep America safe from terrorist
attacks since 9/11.
Sec. 1045. National security planning guidance to deny safe havens to
al-Qaeda and its violent extremist
affiliates.
Sec. 1046. Trial of foreign terrorists.
Subtitle E--Nuclear Forces
Sec. 1051. Annual assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and
control system.
Sec. 1052. Plan on implementation of the New START Treaty.
Sec. 1053. Annual report on the plan for the modernization of the
nuclear weapons stockpile, nuclear weapons
complex, and delivery platforms.
Sec. 1054. Sense of Congress on nuclear force reductions.
Sec. 1055. Limitation on nuclear force reductions.
Sec. 1056. Nuclear employment strategy.
Sec. 1057. Comptroller General report on nuclear weapon capabilities
and force structure requirements.
Subtitle F--Financial Management
Sec. 1061. Amendments relating to financial management workforce.
Sec. 1062. Reliability of Department of Defense financial statements.
Sec. 1063. Financial management personnel competency assessment.
Sec. 1064. Tracking implementation of Department of Defense
efficiencies.
Sec. 1065. Business case analysis for Department of Defense
efficiencies.
Sec. 1066. Financial Improvement and Audit Readiness plan.
Sec. 1067. Corrective action plan relating to execution of Financial
Improvement and Audit Readiness plan.
Subtitle G--Studies and Reports
Sec. 1071. Repeal of certain report requirements.
Sec. 1072. Biennial review of required reports.
Sec. 1073. Transmission of reports in electronic format.
Sec. 1074. Modifications to annual aircraft procurement plan.
Sec. 1075. Change of deadline for annual report to Congress on National
Guard and reserve component equipment.
Sec. 1076. Report on homeland defense activities.
Sec. 1077. 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. 1078. Report on certain unnecessary or unwanted Department of
Defense programs.
Sec. 1079. Implementation plan for whole-of-government vision
prescribed in the National Security
Strategy.
Sec. 1080. Report on a Department of Defense recycling program for rare
earth materials.
Sec. 1080A. Report on the National Guard and reserve components of the
Armed Forces.
Subtitle H--Miscellaneous Authorities and Limitations
Sec. 1081. Exemption from Freedom of Information Act for data files of
the military flight operations quality
assurance systems of the military
departments.
Sec. 1082. Limitation on procurement and fielding of light attack armed
reconnaissance aircraft.
Sec. 1083. Use of State Partnership Program Funds for Civilians and
Non-Defense Agency Personnel.
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low
rate initial production at certain
prototype integration facilities.
Sec. 1085. Sense of Congress regarding deployment of National Guard to
southwestern border of United States.
Sec. 1086. Reauthorization of authority to use funds for reintegration
activities in Afghanistan.
Sec. 1087. Rules of engagement for members of the Armed Forces deployed
in designated hostile fire areas.
Subtitle I--Other Matters
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. Mandatory implementation of the standing advisory panel on
improving coordination among the Department
of Defense, the Department of State, and
the United States Agency for International
Development on matters of national
security.
Sec. 1094. Number of Navy carrier air wings and carrier air wing
headquarters.
Sec. 1095. Display of annual budget requirements for organizational
clothing and individual equipment.
Sec. 1096. National Rocket Propulsion Strategy.
Sec. 1097. Inclusion of religious symbols as part of military
memorials.
Sec. 1098. Unmanned aerial systems and national airspace.
Sec. 1098A. Report to Congress on maintenance, repair, and overhaul
capability of Navy unmanned aerial systems.
Sec. 1099. Sense of Congress regarding the killing of Osama bin Laden.
Sec. 1099A. Grants to certain regulated companies for specified energy
property not subject to normalization
rules.
Sec. 1099B. Submittal of information regarding individuals detained at
United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1099C. Exhumation and transfer of remains of deceased members of
the Armed Forces buried in Tripoli, Libya.
Sec. 1099D. Sense of Congress regarding the recovery of the remains of
certain members of the Armed Forces killed
in Thurston Island, Antarctica.
Sec. 1099E. Requirement that written communications from Congress be
made public by Department of Defense.
Sec. 1099F. Sense of Congress regarding deployment of Armed Forces
without considerable deliberation.
Sec. 1099G. Sense of Congress regarding the establishment of a Korean
War National Museum.
Sec. 1099H. Interagency collaboration.
Sec. 1099I. Designation of ``Taps'' as National Song of Remembrance.
Sec. 1099J. Sense of Congress regarding United States Northern Command
preparedness.
Sec. 1099K. Official recognition of Salem, Massachusetts, as the
Birthplace of the National Guard of the
United States.
Sec. 1099L. Report on the manufacturing policy of the United States.
Sec. 1099M. Closing of National Drug Intelligence Center.
Sec. 1099N. Sunken military craft.
Sec. 1099O. Proclamation for National Day of Honor to celebrate members
of the Armed Forces returning from Iraq,
Afghanistan, and other combat areas.
TITLE XI--CIVILIAN PERSONNEL MATTERS
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. Denial of certain pay adjustments for unacceptable
performance.
Sec. 1105. Revisions to beneficiary designation provisions for death
gratuity payable upon death of a Government
employee.
Sec. 1106. Extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for
Federal civilian employees working
overseas.
Sec. 1107. Waiver of certain pay limitations.
Sec. 1108. Services of post-combat case coordinators.
Sec. 1109. Authority to waive recovery of certain payments made under
civilian employees voluntary separation
incentive program.
Sec. 1110. Extension of continued health benefits.
Sec. 1111. Authority to waive maximum age limit for certain
appointments.
Sec. 1112. Sense of Congress relating to pay parity for Federal
employees serving at certain remote
military installations.
Sec. 1113. Reports by Office of Special Counsel.
Sec. 1114. Disclosure of senior mentors.
Sec. 1115. Termination of Joint Safety Climate Assessment System.
Sec. 1116. Federal Internship Programs.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Expansion of authority for support of special operations to
combat terrorism.
Sec. 1202. Modification and extension of authorities relating to
program to build the capacity of foreign
military forces.
Sec. 1203. Five-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1204. Global Security Contingency Fund.
Sec. 1205. Three-year extension of temporary authority to use
acquisition and cross-servicing agreements
to lend military equipment for personnel
protection and survivability.
Sec. 1206. Interagency working group on foreign police training.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1212. Commanders' Emergency Response Program in Afghanistan.
Sec. 1213. Extension of authority for reimbursement of certain
coalition nations for support provided to
United States military operations.
Sec. 1214. Extension and modification of Pakistan Counterinsurgency
Fund.
Sec. 1215. Report on extension of United States-Iraq Status of Forces
Agreement.
Sec. 1216. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1217. Report on United States military strategy in Afghanistan in
light of the death of Osama bin Laden.
Sec. 1218. Limitation on funds to establish permanent military
installations or bases in Iraq and
Afghanistan.
Sec. 1219. Limitation on amounts from Afghanistan Infrastructure Fund.
Subtitle C--Reports and Other Matters
Sec. 1221. Review and report on Iran's and China's conventional and
anti-access capabilities.
Sec. 1222. Report and consultation on energy security of NATO Alliance.
Sec. 1223. Extension of report on progress toward security and
stability in Afghanistan.
Sec. 1224. Report on military and security developments involving the
Democratic People's Republic of Korea.
Sec. 1225. National security risk assessment of United States Federal
debt owned by the People's Republic of
China.
Sec. 1226. Congressional notification requirement before permanent
relocation of any United States military
unit stationed outside the United States.
Sec. 1227. Annual report on military power of the People's Republic of
China.
Sec. 1228. Limitation on funds to provide the Russian Federation with
access to United States missile defense
technology.
Sec. 1229. International agreements relating to missile defense.
Sec. 1230. Non-strategic nuclear weapon reductions and extended
deterrence policy.
Sec. 1231. Rule of construction relating to situation in Libya.
Sec. 1232. Report on expansion of participation in Euro-NATO Joint Jet
Pilot Training program.
Sec. 1233. Report on long-term costs of Operation Iraqi Freedom,
Operation Enduring Freedom, and Operation
Odyssey Dawn.
Sec. 1234. Prohibition on procurements from Communist Chinese military
companies.
Sec. 1235. Report on Russian nuclear forces.
Sec. 1236. Prohibition on United States ground combat presence in
Libya.
Sec. 1237. Repeal of United States Institute of Peace Act.
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.
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--Chemical Demilitarization Matters
Sec. 1421. Changes to management organization to the assembled chemical
weapons alternative program.
Subtitle D--Other Matters
Sec. 1431. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1432. 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.
Sec. 1433. Mission Force Enhancement Transfer fund.
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. Afghanistan Security Forces Fund.
Sec. 1532. Continuation of prohibition on use of United States funds
for certain facilities projects in Iraq.
Sec. 1533. One-year extension of project authority and related
requirements of Task Force for Business and
Stability Operations in Afghanistan.
TITLE XVI--ADDITIONAL BUDGET ITEMS
Subtitle A--Procurement
Sec. 1601. Budget item relating to modification of torpedoes and
related equipment.
Sec. 1602. Budget item relating to anti-submarine warfare electronic
equipment.
Sec. 1603. Budget item relating to shallow water mine counter measures.
Sec. 1604. Budget item relating to LHA-7 ship program.
Sec. 1605. Budget item relating to mobility aircraft simulators.
Sec. 1606. Budget item relating to modifications to aircraft.
Sec. 1607. Budget item relating to SH-60 crew and passenger
survivability upgrades.
Sec. 1608. Budget item relating to modification of in service A-10
aircraft.
Sec. 1609. Budget item relating to radar support.
Sec. 1610. Budget item relating to electronic equipment- automation.
Sec. 1611. Budget item relating to base defense systems.
Sec. 1612. Budget item relating to sniper rifle modifications.
Sec. 1613. Budget item relating to generators and associated equipment.
Sec. 1614. Budget item relating to National Guard and Reserve
equipment.
Subtitle B--Research, Development, Test, and Evaluation
Sec. 1616. Budget item relating to new design SSN.
Sec. 1617. Budget item relating to advanced submarine system
development.
Sec. 1618. Budget item relating to surface anti-submarine warfare.
Sec. 1619. Budget item relating to ship preliminary design and
feasibility studies.
Sec. 1620. Budget item relating to industrial preparedness.
Sec. 1621. Budget item relating to mixed conventional load capability
for bomber aircraft.
Sec. 1622. Budget item relating to TACAIR-launched UAS capability
development.
Sec. 1623. Budget item relating to electro-photonic component
capability development.
Sec. 1624. Budget item relating to airborne reconnaissance systems.
Sec. 1625. Budget item relating to small business innovative research.
Sec. 1626. Budget item relating to defense research sciences.
Sec. 1627. Budget item relating to defense research sciences.
Sec. 1628. Budget item relating to communications advanced technology.
Sec. 1629. Budget item relating to night vision technology.
Sec. 1630. Budget item relating to night vision technology.
Sec. 1631. Budget item relating to night vision advanced technology.
Sec. 1632. Budget item relating to night vision advanced technology.
Sec. 1633. Budget item relating to night vision advanced technology.
Sec. 1634. Budget item relating to rotary wing surfaces.
Sec. 1635. Budget item relating to weapons and munitions technology.
Sec. 1636. Budget item relating to weapons and munitions advanced
technology.
Sec. 1637. Budget item relating to weapons and munitions advanced
technology.
Sec. 1638. Budget item relating to materials technology.
Sec. 1639. Budget item relating to materials technology.
Sec. 1640. Budget item relating to materials technology.
Sec. 1641. Budget item relating to lightweight body armor.
Sec. 1642. Budget item relating to industrial preparedness
manufacturing technology.
Sec. 1643. Budget item relating to secure microelectronics.
Sec. 1644. Budget item relating to Army tactical command and control
hardware and software.
Sec. 1645. Budget item relating to battlespace knowledge development
and demonstration.
Sec. 1646. Budget item relating to technology transfer.
Sec. 1647. Budget item relating to university research initiatives.
Sec. 1648. Budget item relating to university research initiatives.
Sec. 1649. Budget item relating to clinical care and research.
Sec. 1650. Budget item relating to medical technology.
Sec. 1651. Budget item relating to medical technology.
Sec. 1652. Budget item relating to medical technology.
Sec. 1653. Budget item relating to medical technology.
Sec. 1654. Budget item relating to medical advanced technology.
Sec. 1655. Budget item relating to medical advanced technology.
Sec. 1656. Budget item relating to medical advanced technology.
Sec. 1657. Budget item relating to medical advanced technology.
Sec. 1658. Budget item relating to chemical and biological defense
program.
Sec. 1659. Budget item relating to special operations advanced
technology development.
Sec. 1660. Budget item relating to combating terrorism technology
support.
Sec. 1661. Budget item relating to combating terrorism technology
support.
Sec. 1662. Budget item relating to combating terrorism technology
support.
Sec. 1663. Budget item relating to combating terrorism technology
support.
Sec. 1664. Budget item relating to combating terrorism technology.
Sec. 1665. Budget item relating to combating terrorism technology.
Sec. 1666. Budget item relating to weapons of mass destruction defeat
technologies.
Sec. 1667. Budget item relating to countermine systems.
Sec. 1668. Budget item relating to mine and expeditionary warfare
applied research.
Sec. 1669. Budget item relating to special applications for
contingencies.
Sec. 1670. Budget item relating to microelectronics technology
development and support.
Sec. 1671. Budget item relating to Warfighter Sustainment Applied
Research.
Sec. 1672. Budget item relating to Marine Corps Landing Force
Technology.
Sec. 1673. Budget item relating to advanced concepts and simulation.
Sec. 1674. Budget item relating to human effectiveness applied
research.
Sec. 1675. Budget item relating to aerospace propulsion.
Sec. 1676. Budget item relating to end item industrial preparedness
activities.
Sec. 1677. Budget item relating to sensors and electronic
survivability.
Sec. 1678. Budget item relating to military engineering advanced
technology.
Sec. 1679. Budget item relating to aviation advanced technology.
Sec. 1680. Budget item relating to establishment of protocols for joint
strike fighter lead-free electronic
components.
Sec. 1681. Budget item relating to portable helicopter oxygen delivery
systems.
Sec. 1682. Budget item relating to advanced rotorcraft flight research.
Sec. 1683. Budget item relating to missile and rocket advanced
technology.
Sec. 1684. Budget item relating to missile and rocket advanced
technology.
Sec. 1685. Budget item relating to combat vehicle improvement programs.
Sec. 1686. Budget item relating to warfighter advanced technology.
Sec. 1687. Budget item relating to aviation advanced technology.
Sec. 1688. Budget item relating to aviation advanced technology.
Sec. 1689. Budget item relating to aviation advanced technology.
Sec. 1690. Budget item relating to munitions standardization,
effectiveness, and safety.
Sec. 1691. Budget item relating to Aegis ballistic missile defense.
Sec. 1692. Budget item relating to operationally responsive space.
Sec. 1693. Budget item relating to space technology.
Sec. 1694. Budget item relating to Army net zero programs.
Sec. 1695. Budget item relating to offshore range environmental
baseline assessment.
Sec. 1696. Budget item relating to Department of Defense Corrosion
Protection Projects.
Sec. 1697. Budget item relating to study of renewable and alternative
energy applications in the Pacific Region.
Sec. 1698. Budget item relating to alternative energy for mobile power
applications.
Sec. 1699. Budget item relating to advanced battery technologies.
Sec. 1699A. Budget item relating to operational energy improvement
pilot project.
Sec. 1699B. Budget item relating to microgrid pilot program.
Sec. 1699C. Budget item relating to advanced surface machinery systems.
Sec. 1699D. Budget item relating to base camp fuel cells.
Sec. 1699E. Budget item relating to defense alternative energy.
Sec. 1699F. Budget item relating to radiological contamination
research.
Sec. 1699F-1. Reports on increased budget items.
Subtitle C--Operation and Maintenance
Sec. 1699G. Budget item relating to Department of Defense Corrosion
Prevention Program.
Sec. 1699H. Budget item relating to Navy emergency management and
preparedness.
Sec. 1699I. Budget item relating to Army simulation training systems.
Sec. 1699J. Budget item relating to Army Industrial Facility Energy
Monitoring.
Sec. 1699K. Budget item relating to Army National Guard Civil Support
Team Information Management Systems.
Sec. 1699L. Budget item relating to Army arsenals.
Sec. 1699M. Budget item relating to cold weather protective equipment.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Limitation on implementation of projects designated as
various locations.
Sec. 2004. Effective date.
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
2011 projects.
Sec. 2107. Additional authority to carry out certain fiscal year 2012
project using prior-year unobligated Army
military construction funds.
Sec. 2108. Extension of authorizations of certain fiscal year 2008
projects.
Sec. 2109. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2110. Technical amendments to correct certain project
specifications.
Sec. 2111. Additional budget items relating to Army construction and
land acquisition projects.
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. Additional budget items relating to Navy construction and
land acquisition projects.
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. Limitation on implementation of consolidation of Air and
Space Operations Center of the Air Force.
Sec. 2308. Additional budget items relating to Air Force construction
and land acquisition projects.
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.
Sec. 2404. Additional budget items relating to Defense Agencies
construction and land acquisition projects.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
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 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--Additional Budget Items
Sec. 2611. Additional budget items relating to Army National Guard
construction and land acquisition projects.
Sec. 2612. Additional budget items relating to Air National Guard
construction and land acquisition projects.
Sec. 2613. Additional budget item relating to Air Force Reserve
construction and land acquisition projects.
Subtitle C--Other Matters
Sec. 2621. Extension of authorization of certain fiscal year 2008
project.
Sec. 2622. Extension of authorizations of certain fiscal year 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. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account
2005.
Sec. 2704. Authority to extend deadline for completion of limited
number of base closure and realignment
recommendations.
Sec. 2705. Increased emphasis on evaluation of costs and benefits in
consideration and selection of military
installations for closure or realignment.
Sec. 2706. Special considerations related to transportation
infrastructure in consideration and
selection of military installations for
closure or realignment.
Sec. 2707. Limitation on BRAC 133 project implementation.
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. Condition on rental of family housing in foreign countries
for general and flag officers.
Sec. 2804. Protections for suppliers of labor and materials under
contracts for military construction
projects and military family housing
projects.
Sec. 2805. One-year extension of authority to use operation and
maintenance funds for construction projects
inside United States Central Command area
of responsibility and Combined Joint Task
Force-Horn of Africa areas of
responsibility and interest.
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. Removal of discretion of Secretaries of the military
departments regarding purposes for which
easements for rights-of-way may be granted.
Sec. 2813. Limitations on use or development of property in Clear Zone
Areas.
Sec. 2814. 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. Core curriculum and certification standards for Department
of Defense energy managers.
Sec. 2827. Submission of annual Department of Defense energy management
reports.
Sec. 2828. Continuous commissioning of Department of Defense facilities
to resolve operating problems, improve
comfort, optimize energy use, and identify
retrofits.
Sec. 2829. Requirement for Department of Defense to capture and track
data generated in metering Department
facilities.
Sec. 2830. Metering of Navy piers to accurately measure energy
consumption.
Sec. 2831. 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. Use of operation and maintenance funding to support
community adjustments related to
realignment of military installations and
relocation of military personnel on Guam.
Sec. 2842. Medical care coverage for H-2B temporary workforce on
military construction projects on Guam.
Sec. 2843. Certification of military readiness need for firing range on
Guam as condition on establishment of
range.
Sec. 2844. 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 exchange, Fort Bliss Texas.
Sec. 2852. Land conveyance, former Defense Depot Ogden, Utah.
Subtitle F--Other Matters
Sec. 2861. Change in name of the Industrial College of the Armed Forces
to the Dwight D. Eisenhower School for
National Security and Resource Strategy.
Sec. 2862. Limitations on reduction in number of members of the Armed
Forces assigned to permanent duty at a
military installation to effectuate
realignment of installation.
Sec. 2863. Prohibition on naming Department of Defense real property
after a Member of Congress.
Sec. 2864. Report on the homeowners assistance program.
Sec. 2865. Transfer of the Air Force Memorial to the Department of the
Air Force.
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.
Sec. 3104. Energy security and assurance.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Consolidated reporting requirements relating to nuclear
stockpile stewardship, management, and
infrastructure.
Sec. 3112. Limitation on availability of funds for Center of Excellence
on Nuclear Security.
Sec. 3113. Use of savings from pension reimbursements for budgetary
shortfalls.
Sec. 3114. Hanford waste tank cleanup program reforms.
Sec. 3115. Additional budget item relating to global threat reduction
initiative.
Subtitle C--Reports
Sec. 3121. Repeal of certain report requirements.
Sec. 3122. Progress on nuclear nonproliferation.
Sec. 3123. Reports on role of nuclear sites and efficiencies.
Sec. 3124. Net assessment of high-performance computing capabilities of
foreign countries.
Sec. 3125. National Academy of Sciences review of nuclear waste
reprocessing and nuclear reactor
technology.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Additional funding for Defense Nuclear Facilities Safety
Board.
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.
Sec. 3505. Strategic port assessment and report.
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.
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.
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 RETIREMENT OF C-23 AIRCRAFT.
(a) Maintenance.--The Secretary of the Army shall maintain not less
than 42 C-23 aircraft, of which not less than--
(1) 11 shall be available for the active component of the
Army;
(2) 4 shall be available for training operations; and
(3) 22 shall be available for domestic operations in the
continental United States.
(b) Limitation on Retirement.--The Secretary of the Army may not
retire (or prepare to retire) any C-23 aircraft or keep any such
aircraft in a status considered excess to the requirements of the
possessing command and awaiting disposition instructions until the date
that is one year after the date on which each report under subsection
(c)(2), (d)(2), and (e)(2) has been received by the congressional
defense committees.
(c) Airlift Study and Report.--
(1) Study.--The Director of the National Guard Bureau, in
consultation with the Chief of Staff of the Army, the Chief of
Staff of the Air Force, the Commander of the United States
Northern Command, the Commander of the United States Pacific
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 missions at low, medium, moderate, high,
and very-high levels of operational risk:
(A) Homeland defense.
(B) Contingency response.
(C) Natural disaster-related response.
(D) Humanitarian response.
(2) Report.--The Director shall submit to the congressional
defense committees a report containing the study under
paragraph (1).
(d) Fleet Viability Assessment.--
(1) Assessment.--The Secretary of the Army, in coordination
with the Director of the Fleet Viability Board of the Air
Force, shall conduct a fleet viability assessment with respect
to C-23 aircraft.
(2) Report.--The Secretary shall submit to the
congressional defense committees a report containing the
assessment 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 (c)(1).
(2) Report.--Not later than 180 days after the date on
which the Director of the National Guard Bureau submits the
report under subsection (c)(2), the Comptroller General shall
submit to the congressional defense committees a report
containing the review under paragraph (1).
SEC. 112. 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. 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 FUNDING FOR DETAIL DESIGN AND CONSTRUCTION OF LHA
REPLACEMENT SHIP DESIGNATED LHA-7.
Section 111(a) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4152) is
amended by striking ``and 2012'' and inserting ``, 2012, and 2013''.
SEC. 122. MULTIYEAR FUNDING FOR PROCUREMENT OF ARLEIGH BURKE-CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Notwithstanding
paragraphs (1) and (7) of section 2306b(i) of title 10, United States
Code, the Secretary of the Navy may enter into a multiyear contract,
beginning with the fiscal year 2012 program year, for the procurement
of DDG-51 Arleigh Burke-class destroyers and Government-furnished
equipment associated with such destroyers.
(b) Report of Findings.--
(1) In general.--Not later than 30 days before the date on
which a contract is awarded under subsection (a), the Secretary
shall submit to the congressional defense committees a report
on such contract containing the findings required under
subsection (a) of section 2306b of title 10, United States
Code, including the analysis described in paragraph (2) of this
subsection.
(2) Determination of substantial savings.--In conducting an
analysis of substantial savings pursuant to subsection (a)(1)
of such section 2306b, the Secretary shall employ a full-scale
analysis of the anticipated cost avoidance resulting from the
use of multiyear procurement and the potential benefit that any
accrued savings might have to future shipbuilding programs if
such savings are used for further ship construction.
(c) Condition of 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 is subject to the
availability of appropriations for that purpose.
SEC. 123. 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. 124. 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. 125. 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. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR F/A-18 SERVICE LIFE
EXTENSION PROGRAM.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2012 or any fiscal year
thereafter for a program to extend the service life of F/A-18 aircraft
beyond 8,600 hours may be obligated or expended until the date that is
30 days after the date on which the Secretary of the Navy submits to
the congressional defense committees the report under section 114(a)(2)
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4155).
SEC. 127. FORD-CLASS AIRCRAFT CARRIER PROCUREMENT.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Secretary of the Navy may enter into multiyear
contracts for the start of major construction of the Ford-class
aircraft carriers designated CVN 79 and CVN 80 and for the construction
of major components, modules, or other structures related to such
carriers.
(b) Requirements.--In carrying out this section, the Secretary of
the Navy may--
(1) enter into contracts under subsection (a) in a manner
that the Secretary determines will result in the lowest cost to
the United States given the variability of shipyard industrial
capacity and other factors; and
(2) enter into contracts with the prime contractor chosen
for major fabrication and construction of the vessels or
directly with other contractors to supply materiel and
equipments for the construction of the vessels in such a manner
as to as to reduce cost to the United States of such materiel
and equipments by purchasing in economic order quantities.
(c) 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.
(d) Other 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. B-1 BOMBER FORCE STRUCTURE.
(a) Requirements.--
(1) In general.--During the B-1 retirement limitation
period, the Secretary of the Air Force--
(A) may not retire more than six B-1 aircraft;
(B) shall maintain not less than 36 such aircraft
as combat-coded aircraft;
(C) shall maintain in a common capability
configuration a primary aircraft inventory of not less
than 56 such aircraft, a backup aircraft inventory of
not less than 2 such aircraft, and an attrition reserve
aircraft inventory of not less than 2 such aircraft;
and
(D) may not keep any such aircraft referred to in
subparagraph (C) in a status considered excess to the
requirements of the possessing command and awaiting
disposition instructions.
(2) B-1 retirement limitation period.--For purposes of
paragraph (1), the B-1 retirement limitation period is the
period beginning on the date of the enactment of this Act and
ending on the date that is the earlier of--
(A) January 1, 2018; and
(B) the date as of which a long-range strike
replacement bomber aircraft with equal or greater
capability than the B-1 model aircraft has attained
initial operational capability status.
(b) Definitions.--In this section:
(1) The term ``primary aircraft inventory'' means aircraft
assigned to meet the primary aircraft authorization to--
(A) a unit for the performance of its wartime
mission;
(B) a training unit primarily for technical and
specialized training for crew personnel or leading to
aircrew qualification;
(C) a test unit for testing of the aircraft or its
components for purposes of research, development, test
and evaluation, operational test and evaluation, or to
support testing programs; or
(D) meet requirements for special missions not
elsewhere classified.
(2) The term ``backup aircraft inventory'' means aircraft
above the primary aircraft inventory used to facilitate
scheduled and unscheduled depot level maintenance,
modifications, inspections, and repairs, and certain other
mitigating circumstances, without reduction of aircraft
available for the assigned mission.
(3) The term ``attrition reserve aircraft inventory'' means
aircraft required to replace anticipated losses of primary
aircraft inventory because of peacetime accidents or wartime
attrition.
SEC. 132. 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 five 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.
(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) 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.
Subtitle E--Joint and Multiservice Matters
SEC. 141. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--Subsections (b) and (c) of section
1514 of the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2439), as in effect before the
amendments made by section 1503 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4649), shall apply to the funds made available to the Department of
Defense for the Joint Improvised Explosive Device Defeat Fund for
fiscal year 2012.
(b) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2012, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.
SEC. 142. CONTRACTS FOR COMMERCIAL IMAGING SATELLITE CAPACITIES.
Section 127 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4161; 10 U.S.C.
2302 note) is repealed.
SEC. 143. 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. 144. 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 January 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) The results of an analysis of alternatives and
efficiencies review conducted prior to fiscal year 2012
with respect to a contract awarded for the aviation
foreign internal defense program.
(B) An explanation of plans or business-case
analyses justifying new procurements rather than leased
platforms, including an explanation of any efficiencies
and savings.
(C) 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.
(D) 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. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMERCIAL SATELLITE
PROCUREMENT.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2012 for the procurement of a commercial
satellite by the Director of the Defense Information Systems Agency or
the Secretary of the Air Force, not more than 20 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 an independent assessment of the analysis of alternatives
for the procurement of such satellite, including--
(1) an assessment of why noncommercial satellites owned and
operated by the Federal Government would not meet the needs of
the Department of Defense;
(2) a concept of operations for all alternatives
considered;
(3) a cost-benefit comparison of such alternatives;
(4) an analysis comparing the risks and vulnerabilities of
such alternatives, including risks and vulnerabilities related
to security, operation in denied environments, and continuity
of operations capability;
(5) mitigation measures, including estimated cost impacts,
for such risks and vulnerabilities compared under paragraph
(4); and
(6) any other matters the Secretary considers appropriate.
SEC. 146. 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.
SEC. 147. SEPARATE PROCUREMENT LINE ITEM FOR NON-LETHAL WEAPONS
FUNDING.
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 within each military department procurement account, a separate,
dedicated procurement line item is designated for non-lethal weapons.
SEC. 148. STUDY ON DOMESTIC CAPACITY FOR MANUFACTURE OF SHIP SHAFTS AND
OTHER FORGED COMPONENTS.
The Secretary of Defense shall conduct a study to measure the
domestic capacity in accordance with the Defense Acquisition
Regulations System to manufacture ship shafts and other forged
components used by surface and sub-surface vessels of the Navy.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2012 for the use of the Department of Defense for research,
development, test, and evaluation as specified in the funding table in
section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. 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 70 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 an updated analysis of alternatives,
including a quantitative analysis, of such program that compares the
vehicle survivability, force protection, mobility, and other key
capabilities of--
(1) each alternative to the ground combat vehicle,
including the upgraded Bradley fighting vehicle that was
included in the original analysis of alternatives of such
program; and
(2) the revised ground combat vehicle design concept.
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 an analysis
of alternatives 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 analysis, 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
analysis 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 because such
limitation is delaying the fielding of capabilities that address urgent
operational needs with respect to combat theaters of operations.
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR OHIO-CLASS BALLISTIC
MISSILE SUBMARINE REPLACEMENT PROGRAM.
(a) Findings.--Congress finds the following:
(1) On May 13, 2010, the President submitted to Congress
the report required under section 1251 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2549) that stated, ``The Secretary of Defense, based on
recommendations from the Joint Chiefs of Staff, has established
a baseline nuclear force structure that fully supports U.S.
security requirements and conforms to the New START limits. . .
The United States will reduce the number of SLBM launchers
(launch tubes) from 24 to 20 per SSBN, and deploy no more than
240 SLBMs at any time.''.
(2) On January 10, 2011, the Under Secretary of Defense for
Acquisition, Technology, and Logistics issued an acquisition
decision memorandum for the Ohio-class submarine replacement
program whereby the Navy received Milestone A approval to
proceed with a replacement design based on 16 missile tubes.
(3) Consistent with the reductions and limitations
established in the New START Treaty, which entered into force
on February 5, 2011, more than two-thirds of the deployed
nuclear deterrent force of the United States are planned to be
carried on ballistic missile submarines.
(4) The Commander of the United States Strategic Command
testified on March 2, 2011, that, ``The issue of the number of
tubes is not a simple black and white answer,'' but rather it
is comprised of several issues including, ``the overall number
of tubes we wind up with at the end. . . flexibility and
options with how many warheads per missile per tube. . . the
overall number of boats. . . and many other factors.''. He
further stated that, ``Sixteen [missile tubes per submarine]
will meet STRATCOM's requirements, given that we are sitting
here 20 years in advance.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the long-term ability of the United States to maintain
a nuclear force sufficient to address the range of mission
requirements necessary to deter, dissuade, and defeat potential
adversaries and assure allies and partners must not be
comprised solely on the basis of the promise of potential cost
savings resulting from the decision of the Secretary of Defense
to reduce the planned number of missile tubes per Ohio-class
ballistic missile submarine from 24 to 16; and
(2) because the planned Ohio-class replacement ballistic
submarine is expected to be in operation through 2080, near-
term design decisions should take into consideration
uncertainties in the future threat and strategic environment.
(c) Limitation.--
(1) In general.--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
Ohio-class ballistic submarine replacement program, not more
than 90 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional
defense committees a report containing--
(A) a summary of the analysis conducted to support
the acquisition decision memorandum, including any
assessment of the threat and strategic environment and
mission requirements that informed the decision to
reduce the planned number of missile tubes per
submarine from 20 (as stated in the report submitted to
Congress under section 1251 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2549)) to 16 (as stated in the
acquisition decision memorandum);
(B) a description of the threat and strategic
environment assumed by the Secretary throughout the
expected operational lifetime of the program, including
how the Secretary would address significant changes to
such threat and strategic environment;
(C) a description of any other assumptions made by
the Secretary throughout the expected operational
lifetime of the program that provides the rationale of
the Secretary to reduce the planned number of missile
tubes per submarine to 16, including assumptions
regarding--
(i) changes in nuclear policy and strategy;
(ii) changes in the role of ballistic
missile submarines as a part of the overall
nuclear forces of the United States; and
(iii) further nuclear reductions, whether
conducted under an international agreement or
unilaterally;
(D) an identification of key risks to missions or
requirements that may be increased because of the
Secretary's decision to reduce the planned number of
missile tubes per submarine to 16, including whether
the Secretary plans to accept or mitigate such risks;
and
(E) a summary of the rigorous cost comparison of
the designs for 16 missile tubes per submarine and 20
missile tubes per submarine, consistent with the
direction provided in the acquisition decision
memorandum, including the accuracy of the cost estimate
of the procurement cost of each submarine.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``acquisition decision memorandum'' means the
acquisition decision memorandum regarding the Ohio-class
submarine replacement program issued by the Under Secretary of
Defense for Acquisition, Technology, and Logistics on January
10, 2011.
(2) 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. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AMPHIBIOUS ASSAULT
VEHICLES OF THE MARINE CORPS.
(a) Limitation.--Except as provided by subsection (d), 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--
(1) 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--
(A) the distance from the shore needed to begin an
amphibious assault; and
(B) the speed at which the vehicle must travel in
order to reach the shore in the time required for such
assault; and
(2) the analysis of alternatives conducted under subsection
(b)(1).
(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 analysis of cost and operational
effectiveness 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), 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) AAV781 Improvement Program.--The limitation in subsection (a)
shall not apply to funds made available before the date of the
enactment of this Act for the procurement of an assault amphibious
vehicle 7A1 with--
(1) survivability upgrades under the survivability product
improvement program;
(2) other necessary survivability capabilities that are in
response to urgent operational needs; or
(3) interior upgrades that provide increased support and
survivability to members of the Armed Forces.
SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE PROPULSION SYSTEM
FOR THE F-35 LIGHTNING II AIRCRAFT PROGRAM.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2012 for the
propulsion system for the F-35 Lightning II aircraft program may be
obligated or expended for performance improvements to such propulsion
system unless the Secretary of Defense ensures the competitive
development and production of such propulsion system.
(b) Performance Improvement Defined.--In this section, the term
``performance improvement'', with respect to the propulsion system for
the F-35 Lightning II aircraft program, means an increase in fan or
core engine airflow volume or maximum thrust in military or afterburner
settings for the primary purpose of improving the takeoff performance
or vertical load bring back of such aircraft. The term does not include
development or procurement improvements with respect to weight,
acquisition costs, operations and support costs, durability,
manufacturing efficiencies, observability requirements, or repair
costs.
SEC. 216. LIMITATION ON OBLIGATION OF FUNDS FOR JOINT REPLACEMENT FUZE
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, Air Force, for the joint replacement fuze program for
nuclear warheads of the Navy and the Air Force, not more than 75
percent may be obligated or expended until the date on which the
Secretary of Defense submits to the congressional defense committees a
report on the feasibility of such program.
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. ADVANCED ROTORCRAFT FLIGHT RESEARCH AND DEVELOPMENT.
(a) Program Required.--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, 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)
shall 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) Qualified Contractor.--
(1) In general.--The Secretary of the Army may award a
contract for the program authorized by subsection (a) to a
contractor that--
(A) has demonstrated the capability to design,
fabricate, qualify, and flight test experimental
rotorcraft; and
(B) maintains a reasonable level of aircraft flight
risk liability insurance that names the Federal
Government as an additional insured party.
(2) Small business concern.--In awarding a contract under
paragraph (1), the Secretary shall fully consider proposals
submitted by small business concerns (as defined in section
2225(f)(3) of title 10, United States Code).
SEC. 220. DESIGNATION OF MAIN PROPULSION SYSTEM 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 of the enactment of this Act, the Secretary of Defense shall
designate the development and procurement of the main propulsion system
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.
SEC. 222. 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 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. 223. 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 15 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
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 engineering, manufacturing, development, and
fielding phases of such system is achievable and
presents medium, or less, risk;
(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; and
(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).
(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.
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; 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. LIMITATION ON AVAILABILITY OF FUNDS FOR MEDIUM EXTENDED AIR
DEFENSE SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States should pursue options with respect to
multilaterally terminating the contract covering the medium
extended air defense system in order to lessen the contract
termination liability belonging to the United States;
(2) the Secretary of Defense must now sustain the Patriot
air and missile defense system longer than previously planned;
(3) the Secretary of Defense should identify promising
technologies from the medium extended air defense system,
whether the technology originated in the United States or in a
partner country, as soon as practicable and transition such
technologies into a Patriot air and missile defense system
upgrade effort or other program of record; and
(4) the Secretary of Defense should continue to pursue
international cooperative missile defense activities that are
affordable and benefit the security of all parties.
(b) Limitation.--None 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 may be obligated or expended
until the date on which the Secretary of Defense--
(1) either--
(A) negotiates a multilateral termination with
respect to the contract covering the program; or
(B) restructures such program and ensures that
specific deliverables under such contract will be
transitioned to one or more current programs of record
by not later than September 30, 2013; and
(2) submits to the congressional defense committees written
notification of--
(A) the amount of the total cost for which the
United States is liable with respect to terminating the
contract under paragraph (1)(A) or restructuring the
program under paragraph (1)(B), as the case may be;
(B) the terms of such contract termination or
program restructuring;
(C) the program schedule and specific elements of
the program to be delivered to the United States;
(D) the specific technologies identified by the
Secretary to be transitioned from the program to one or
more current programs of record, including the plans
for such transition; and
(E) how the Secretary plans to address the 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.
SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND STRATEGY.
(a) Policy.--It is the policy of the United States to develop and
maintain a hedging strategy to provide for the protection of the
homeland of the United States that--
(1) provides such protection through the phased, adaptive
approach to missile defense in Europe if--
(A) the intercontinental ballistic missile threat
from the Middle East to the United States materializes
earlier than 2020 (the year in which phase four of the
phased, adaptive approach is planned to begin
protecting the homeland of the United States); or
(B) technical challenges or schedule delays affect
the availability of the standard missile-3 block IIB
interceptor planned for fielding in Europe by 2020 in
order to protect the homeland of the United States as
part of such phase four;
(2) provides such protection if the intercontinental
ballistic missile threat from East Asia to the United States
materializes more rapidly than expected;
(3) provides capabilities that improve or enhance the
protection of the United States beyond the ground-based
midcourse defense capabilities currently deployed for the
defense of the United States; and
(4) includes plans for ensuring that such hedging
capabilities described in paragraphs (1) through (3)--
(A) are suitable to perform the assigned mission;
(B) are operationally effective; and
(C) use technologies that are sufficiently matured
and tested prior to fielding.
(b) Strategy.--
(1) In general.--In light of the policy described in
subsection (a), the Secretary of Defense shall develop a
hedging strategy to provide for the protection of the homeland
of the United States.
(2) Elements.--The strategy under paragraph (1) shall
include the following:
(A) A description of the hedging alternatives and
capabilities considered by the Secretary.
(B) A summary of the analyses conducted,
including--
(i) criteria used to assess such options
and capabilities; and
(ii) the findings and recommendations of
such analyses.
(C) Detailed plans, programs, and a budget profile
for implementing the strategy through 2022.
(D) The criteria to be used in determining when
each item contained in the strategy should be
implemented and the schedule required to implement each
item.
(E) Any other information the Secretary considers
necessary.
(3) Submission.--The Secretary shall submit to the
congressional defense committees the strategy developed under
paragraph (1) by the earlier of the following:
(A) December 5, 2011.
(B) The date on which the Secretary completes the
development of such strategy.
SEC. 234. GROUND-BASED MIDCOURSE DEFENSE SYSTEM.
(a) Findings.--Congress finds the following:
(1) The last two intercept flight tests of the ground-based
midcourse defense system in January 2010 and December 2010
failed to intercept, and in January 2011, the Director of the
Missile Defense Agency halted deliveries of completed exo-
atmospheric kill vehicles until the root cause of such failures
is determined and resolved.
(2) The ground-based midcourse defense system is currently
the only missile defense system that protects the homeland of
the United States from long-range ballistic missile threats.
(3) In the fiscal year 2010 budget request, the ground-
based midcourse defense system element was reduced by
$524,600,000 from the fiscal year 2009 level while the fiscal
year 2011 budget request restored $318,800,000 of this funding.
(4) The fiscal year 2012 budget request further reduces the
ground-based midcourse defense system element by $185,000,000
for fiscal year 2012 and further reduces such element by an
additional $1,000,000,000 for the years covering the future-
years defense program from the amount projected in the fiscal
year 2011 budget request.
(5) According to the Missile Defense Agency, the
combination of the two flight-test failures and operating under
the reduced spending limits of the Continuing Resolutions
during fiscal year 2011 before the date on which the Department
of Defense and Full-Year Continuing Appropriations Act, 2011
(Public Law 112-10) was enacted have resulted in the delay or
restructuring of several activities within the ground-based
midcourse defense system element, including--
(A) delays to ground-based interceptor
manufacturing and fleet upgrades;
(B) Stockpile Reliability Program component
testing;
(C) new capability development, modeling, testing,
and fielding;
(D) Fort Greely missile defense complex
communications upgrades; and
(E) delays to flight testing of the two-stage
ground-based interceptor.
(6) According to the Missile Defense Agency and the United
States Northern Command, the procurement of additional ground-
based interceptors will be necessary in light of the recent
flight-test results.
(b) Sense of Congress.--It is the sense of Congress that the
ground-based midcourse defense system is currently the only missile
defense system that protects the homeland of the United States from
long-range ballistic missile threats and therefore--
(1) the system should be given sufficient prioritization
and funding to ensure its long-term reliability, effectiveness,
and ability to adapt to advances in such threats;
(2) the Director of the Missile Defense Agency should
thoroughly identify the root cause associated with the exo-
atmospheric kill vehicle that led to the flight-test failures
described in subsection (a)(1) and identify other potential
technical issues associated with the exo-atmospheric kill
vehicle or ground-based midcourse defense system that have
materialized in recent testing;
(3) implementation of corrective measures and flight
testing should be undertaken as soon as possible to provide
commanders of the combatant commands and the American people
greater confidence in the reliability and effectiveness of the
system; and
(4) the procurement of additional ground-based interceptors
will be necessary in light of recent flight-test results.
(c) Plan and Certification Required.--Not later than 30 days after
the date of the enactment of this Act, or on the date on which the
Failure Review Board has completed the review of the ground-based
midcourse defense system flight-test failures described in subsection
(a)(1), whichever is later, the Secretary of Defense shall submit to
the congressional defense committees the following:
(1) A plan by the Director of the Missile Defense Agency to
address the flight-test failures, including--
(A) an identification of the root cause associated
with the exo-atmospheric kill vehicle that led to the
flight-test failures;
(B) an identification of other potential technical
issues associated with the exo-atmospheric kill vehicle
or ground-based midcourse defense system that have
materialized in recent testing;
(C) how the Director will resolve the issues
identified in subparagraphs (A) and (B), including a
consideration of whether a re-designed exo-atmospheric
kill vehicle is necessary;
(D) a description of planned flight tests of the
exo-atmospheric kill vehicle with any implemented
fixes;
(E) a summary of the measures required by the
Commander of the United States Northern Command based
on the flight-test failures in order to meet
operational requirements; and
(F) the schedule and additional resources necessary
to implement the plan.
(2) Written certification by the Secretary that--
(A) the Director has thoroughly investigated the
root cause of the flight-test failures and any other
potential technical issues associated with the exo-
atmospheric kill vehicle or ground-based midcourse
defense system that have materialized in recent
testing;
(B) the plan under paragraph (1) is sufficient to
resolve the issues identified in subparagraphs (A) and
(B) of such paragraph;
(C) the schedule and additional resources described
in subparagraph (F) of paragraph (1) are sufficient to
implement the plan under such paragraph; and
(D) the Director has sufficiently prioritized the
implementation of corrective measures and flight
testing of the ground-based midcourse defense system.
SEC. 235. STUDY ON SPACE-BASED INTERCEPTOR TECHNOLOGY.
(a) Study on Space-based Interceptor Technology.--
(1) Study.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2012 for
ballistic missile defense technology, $8,000,000 shall be
obligated or expended by the Secretary of Defense to conduct a
study examining the technical and operational considerations
associated with developing and operating a limited space-based
interceptor capability and to submit the report under paragraph
(2). At minimum, the study shall include--
(A) the identification of the technical risks,
gaps, and constraints associated with the development
and operation of such a capability;
(B) an assessment of the maturity levels of various
technologies needed to develop and operate such a
capability;
(C) the key knowledge, research, and testing that
would be needed for any nation to develop and operate
an effective space-based interceptor capability; and
(D) the estimated effectiveness and cost of
potential options for developing and operating such a
capability, including their effectiveness in
conjunction with existing and planned terrestrially-
based missile defense systems.
(2) Report.--
(A) Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
on the study required under paragraph (1).
(B) The report submitted under this paragraph shall
be in unclassified form, but may include a classified
annex.
(b) Merit-based or Competitive Decisions.--With respect to carrying
out subsection (a), a decision to commit, obligate, or expend funds
with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
Subtitle D--Reports
SEC. 241. 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. 242. 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) 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) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 243. REPORT ON FEASIBILITY OF ELECTROMAGNETIC RAIL GUN SYSTEM.
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 the feasibility of developing and deploying the
electromagnetic rail gun system to be used for either land- or ship-
based force protection.
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, 2012.
SEC. 252. PRESERVATION AND STORAGE OF CERTAIN PROPERTY RELATED TO F136
PROPULSION SYSTEM.
(a) Plan.--The Secretary of Defense shall develop and carry out a
plan for the preservation and storage 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 such
property in a manner that--
(A) allows the development of the F136 propulsion
system to be restarted after a period of idleness;
(B) provides for the long-term sustainment and
repair of such property; and
(C) allows for such preservation and storage to be
conducted at either the facilities of the Federal
Government or a contractor under such contract;
(2) with respect to the supplier base of such property,
identify the costs of restarting development;
(3) ensure that the Secretary, at no cost to the Federal
Government, provides support and allows for the use of such
property by the contractor under such contract to conduct
research, development, testing, and evaluation of the F136
engine, if such activities are self-funded by the contractor;
and
(4) identify any contract modifications, additional
facilities, or funding that the Secretary determines necessary
to carry out the plan.
(b) Prohibition on Disposing Property.--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).
(c) Report.--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 plan under subsection (a).
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. APPLICATION OF RNA BIOLOGICAL AND FUNCTIONAL SCIENCE AND
TECHNOLOGY.
In carrying out the medical advanced technology program, the
Secretary of Defense shall ensure that, when applicable, RNA biological
and functional science and technology are used for research in which
RNA may be a translational tool and potentially therapeutic,
including--
(1) infectious diseases employed by terrorists or other
entities to have a battlefield effect;
(2) memory disorders;
(3) rare diseases; and
(4) other diseases affecting military readiness.
SEC. 255. 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 should 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.
SEC. 256. PROHIBITION ON USE OF FUNDS FOR NEWLY DESIGNED FLIGHT SUIT.
None of the funds authorized to be appropriated by this Act may be
used to research, develop, manufacture, or procure a newly designed
flight suit for members of the Armed Forces.
SEC. 257. 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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environmental Provisions
SEC. 311. 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. MILITARY INSTALLATION IMPLEMENTATION OF LAND MANAGEMENT PLANS
AND SUSTAINABILITY STUDIES.
Section 2694(b)(2) of title 10, United States Code, is amended--
(1) in subparagraph (A), by inserting ``and, subject to the
availability of appropriations, implementation by the military
installation'' after ``development''; and
(2) in subparagraph (B), by inserting ``and
sustainability'' after ``safety''.
SEC. 313. 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 State
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. 314. 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. Not later than
270 days after 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. 315. DESIGNATION OF DEPARTMENT OF DEFENSE EXECUTIVE AGENT FOR
ALTERNATIVE FUEL DEVELOPMENT.
(a) Designation of Executive Agent.--The Assistant Secretary of
Defense for Operational Energy, Plans, and Programs shall recommend,
and the Secretary of Defense shall designate, the Secretary of one of
the military departments to serve as the Executive Agent for
Alternative Fuel Development for the Department of Defense. The
Executive Agent shall--
(1) lead the military departments in the development of
alternative fuel;
(2) streamline the current investments of each of the
military departments and ensure that such investments account
for the requirements of the military departments;
(3) work jointly with the Assistant Secretary of Defense
for Research and Engineering;
(4) collaborate with and leverage investments made by the
Department of Energy to advance alternative fuel development to
the benefit of the Department of Defense; and
(5) coordinate proposed alternative fuel investments in
accordance with section 138c(e) of title 10, United States
Code.
(b) Implementation.--The Assistant Secretary of Defense for
Operational Energy, Plans, and Programs shall prescribe policy for the
Executive Agent, establish guidelines for streamlining alternative fuel
investments across the Department of Defense, and certify the budget
associated with such investments.
(c) Notification.--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 notification of the Secretary
designated as the Executive Agent for Alternative Fuel Development for
the Department of Defense under subsection (a) and a copy of the policy
prescribed under subsection (b).
SEC. 316. FAVORABLE CONSIDERATION OF ENERGY-EFFICIENT TECHNOLOGIES IN
CONTRACTS FOR LOGISTICS SUPPORT OF CONTINGENCY
OPERATIONS.
(a) Favorable Consideration.--In evaluating offers for defense
logistics support contracts for contingency operations, the Secretary
of Defense shall give favorable consideration, consistent with the
energy performance goals and energy performance master plan for the
Department of Defense developed under section 2911 of title 10, United
States Code, to offers that include energy-efficient or energy
reduction technologies or processes meeting the requirements of
subsection (b).
(b) Requirements for Energy Technologies and Processes.--Favorable
consideration shall be given to an offer for a defense logistics
support contract under subsection (a) if any energy technology or
process included in the offer meets 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.
(c) Additional Requirements.--
(1) Lifecycle cost savings required to be demonstrated.--
Favorable consideration may not be given under subsection (a)
to an offer for a defense logistics support contract unless the
offer contains information demonstrating the total lifecycle
cost savings achieved using the energy technology or process in
the offer over traditional technologies.
(2) Relationship to other factors.--The favorable
consideration given under subsection (a) with respect to a
defense logistics support contract does not outweigh other
factors set forth by the selection authority for the evaluation
of the contract.
(d) Regulations and Guidance.--
(1) Regulations.--The Defense Supplement to the Federal
Acquisition Regulation shall be revised to implement this
section.
(2) Guidance.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
comprehensive guidance on the implementation of this section.
(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) Defense logistics support contract.--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) Contingency operation.--The term ``contingency
operation'' has the meaning provided in section 101(a)(13) of
title 10, United States Code.
(g) Sense of Congress.--It is the sense of Congress that favorable
consideration of energy-efficient or energy reduction technologies or
processes under this section should include a focus on alternative,
self-sufficient energy sources that reduce costs in the long term.
SEC. 317. 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. 318. FIRE SUPPRESSION AGENTS.
Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding the following new paragraph after paragraph
(3):
``(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
``(a) In General.--In this chapter, the term ``depot-level
maintenance and repair'' means (except as provided in subsection (b))
the processes of material maintenance or repair involving the overhaul,
upgrading, rebuilding, testing, inspection, and reclamation (as
necessary) of weapon systems, equipment end items, parts, components,
assemblies, and subassemblies. The term includes--
``(1) all aspects of software maintenance;
``(2) the installation of parts or components for
modifications; and
``(3) associated technical assistance to intermediate
maintenance organizations, operational units, and other
activities.
``(b) Exception.--The term does not include the nuclear refueling
of an aircraft carrier.''.
SEC. 322. CORE LOGISTICS CAPABILITIES.
(a) Modifications to Core Logistics Capabilities Requirements.--
Section 2464 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``systems and
equipment under special access programs, nuclear
aircraft carriers,'' and inserting ``the nuclear
refueling of an aircraft carrier''; and
(B) in paragraph (4), by striking ``facilities''
each place it appears and inserting ``industrial
facilities'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Annual Report.--Not later than 90 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) each of the following:
``(1) The core logistics capability requirements identified
in subsection (a)(2).
``(2) The depot maintenance workloads required to cost-
effectively support core logistics capability requirements.
``(3) The additional depot maintenance workloads, beyond
the workloads identified under paragraph (2), 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 maintenance capital investments required to
be made in order to ensure compliance with subsection (a) by
not later than four years after achieving initial operational
capacity.''; and
(4) by adding at the end the following new subsection:
``(e) Industrial Facility Defined.--In this section, the term
`industrial facility' includes government-owned ammunition plants,
arsenals, depots, and manufacturing plants and facilities designated
for the purpose of conducting depot-level maintenance and repair.''.
(b) Effective Date.--The amendments made by subsection (a)(1) shall
apply with respect to contracts entered into after the date of the
enactment of this Act.
SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS CENTERS OF
INDUSTRIAL AND TECHNICAL EXCELLENCE.
Section 2474(a)(1) of title 10, United States Code, is amended by
inserting ``or military industrial facility'' after ``depot-level
activity''.
SEC. 324. REDESIGNATION OF CORE COMPETENCIES AS CORE LOGISTICS
CAPABILITIES FOR CENTERS OF INDUSTRIAL AND TECHNICAL
EXCELLENCE.
Section 2474 of title 10, United States Code, is amended--
(1) by striking ``core competencies'' each place it appears
and inserting ``core logistics capabilities''; and
(2) in subsection (a)(2), by striking ``core competency''
and inserting ``core logistics capability''.
SEC. 325. 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. 326. AMENDMENT TO REQUIREMENT RELATING TO CONSIDERATION OF
COMPETITION THROUGHOUT OPERATION AND SUSTAINMENT OF MAJOR
WEAPON SYSTEMS.
Section 202(d) of the Weapon Systems Acquisition Reform Act of 2009
(10 U.S.C. 2430 note) is amended by inserting after ``major weapon
system'' the following: ``or a subsystem or component of a major weapon
system''.
SEC. 327. 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. 328. 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), by inserting ``facilities,'' before
``infrastructure'';
(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.''.
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.''.
SEC. 333. SENSE OF CONGRESS REGARDING INTEGRATION OF BALLISTIC MISSILE
DEFENSE TRAINING ACROSS AND BETWEEN COMBATANT COMMANDS
AND MILITARY SERVICES.
(a) Findings.--Congress finds that ballistic missile defense is an
inherently joint operation that requires close coordination between
combatant commands and military services at all levels, from the
strategic to the operational to the tactical. Since the time available
to identify, track, and intercept ballistic missiles will be less than
30 minutes, joint training to improve the ability of the military
departments and combatant commands to work together is essential for
successfully planning and conducting ballistic missile defense
operations. Congress has previously expressed concern that gaps in
joint missile defense training, from the lowest sensor or shooter
operator level to the highest levels of decision-making on combatant
command staffs, must be identified and rectified.
(b) Sense of Congress.--It is the sense of Congress that--
(1) improving the integration of ballistic missile defense
training across and between combatant commands and military
services and fully identifying the training requirements,
capabilities, and resources that the Department of Defense
needs to effectively train for this complex mission is vital to
the protection of the United States against ballistic missile
attacks;
(2) identifying and addressing training gaps in integrating
missile defense training is essential for successfully
employing the Ballistic Missile Defense System; and
(3) identifying the capabilities and funding needed to
effectively and adequately integrate training across and
between the combatant commands and military services is
important to ensure that training priorities are being met and
that resources are aligned to support the training.
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. MODIFICATION OF REPORT ON MAINTENANCE AND REPAIR OF VESSELS
IN FOREIGN SHIPYARDS.
Section 7310(c) of title 10, United States Code, is amended--
(1) in paragraph (3)(A), by inserting after ``justification
under law'' the following: ``and operational justification'';
and
(2) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) A vessel not described in subparagraph (A) or (B)
that is operated pursuant to a contract entered into by the
Military Sealift Command, the Maritime Administration, or the
United States Transportation Command.''.
SEC. 343. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORT ON MILITARY WORKING
DOGS.
Section 358(c) 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 matter preceding paragraph (1), by striking
``for the fiscal year covered by the report'';
(2) in paragraph (1), by striking ``The number'' and
inserting ``For the fiscal year covered by the report, the
number'';
(3) in paragraph (2), by striking ``The cost'' and
inserting ``For such fiscal year'';
(4) in paragraph (3), by inserting ``during such fiscal
year'' before the period at the end; and
(5) by adding at the end the following new paragraphs:
``(4) For such fiscal year, the number of military working
dogs providing services under a contract for each military
department or Defense Agency.
``(5) For such fiscal year, the number of military working
dogs bred by each military department or Defense Agency.
``(6) An evaluation of military working dog breeding
programs that addresses--
``(A) the cost of acquiring dogs through such
breeding programs compared to the cost of purchasing
the dogs;
``(B) a plan for how the Department could better
leverage existing departmental and non-departmental
domestic breeding programs; and
``(C) other considerations as determined
appropriate by the Secretary.
``(7) The future force structure requirements for the
military working dog program.''.
SEC. 344. ASSESSMENT AND REPORTING REQUIREMENTS REGARDING THE STATUS OF
COMPLIANCE WITH JOINT MILITARY TRAINING AND FORCE
ALLOCATIONS.
(a) Assessment Required.--At the beginning of each even-numbered
year, the Secretary of Defense shall conduct 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.
(b) Relation to National Military Strategy Assessments.--The
assessments required by this section are in addition to the assessments
of the National Military Strategy conducted by the Chairman of the
Joint Chiefs of Staff under section 153(b) of title 10, United States
Code.
(c) Reports on Results of Assessment.--Not later than March 31,
2012, and March 31 of each even-numbered year thereafter, the Secretary
of Defense shall submit to the congressional defense committees a
report containing the results of the most recently concluded assessment
conducted under subsection (a).
SEC. 345. STUDY OF UNITED STATES PACIFIC COMMAND TRAINING READINESS.
(a) Study Required.--In fulfillment of the recommendations in the
2010 Quadrennial Defense Review, the Secretary of Defense, in
conjunction with the Commander of the United States Pacific Command,
shall conduct a study to identify current and future training
requirements for all members of the Armed Forces assigned to the
Pacific Command area of responsibility, the sufficiency of current
training infrastructure to meet those requirements, and the effect on
operational readiness of providing additional training venues.
(b) Training Locations.--
(1) In general.--In carrying out the study required under
subsection (a), the Secretary of Defense and the Commander of
the United States Pacific Command shall identify locations
within the United States Pacific Command's area of
responsibility as suitable to establish combat training centers
to fulfill requirements for live-fire and simulated individual,
small-unit, and collective pre-deployment and post-deployment
training of United States combat forces in joint, multi-
national, and coalition full-spectrum operations as well as
counterinsurgency, stability, and humanitarian operations.
(2) Suitability for training.--The locations identified by
the Secretary and the Commander of the United States Pacific
Command pursuant to paragraph (1) shall be suitable for
training forces equivalent to a Marine Expeditionary Force, an
Army division, an Air and Space Expeditionary Force, or a Navy
carrier strike group.
(3) Locations for consideration.--In identifying locations
to be studied pursuant to paragraph (1), the Secretary and the
Commander of the United States Pacific Command may consider,
among others, current as well as former United States military
installations.
(c) Study Requirements.--In carrying out the study required under
subsection (a), the Secretary and the Commander of the United States
Pacific Command shall--
(1) determine cost estimates for any necessary acquisition,
development (including military construction), operation, and
maintenance of the locations identified under subsection (b);
(2) determine the estimated cost to upgrade any current
infrastructure at any location identified to bring the location
to a state required for the training described in subsection
(b);
(3) provide a description of the possible environmental
impact of conducting the training described in subsection (b);
(4) include an estimate of the potential economic impact,
either positive or negative, to the local community of
accommodating the training described in subsection (b); and
(5) provide a description of the anticipated impact on the
quality of life for military personnel who would train at the
identified locations.
(d) Assessment of Readiness Impact.--The Secretary and the
Commander of the United States Pacific Command shall include in the
study required under this section an assessment of the effect on
operational and training readiness that would be achieved by providing
training at the training locations identified under subsection (b).
(e) Report.--Not later than February 28, 2013, the Secretary shall
submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate a
report that contains the results of the study required under this
section along with any conclusions and recommendations of the Secretary
and the Commander of the United States Pacific Command regarding the
activation and implementation of training sites in the Pacific Command
area of responsibility.
(f) Comptroller General Briefing.--Not later than 120 days after
the submittal of the report under subsection (e), the Comptroller
General of the United States shall provide to the Committee on Armed
Services of the House of Representatives and the Committee on Armed
Services of the Senate a briefing on the completeness of the
Secretary's report in fulfilling the requirements of this section and
the feasibility of successfully establishing additional training
opportunities based on the recommendations included in the report.
SEC. 346. ADDITIONAL MATTERS FOR INCLUSION IN ANNUAL REPORT ON
OPERATIONAL ENERGY.
Section 2925(b)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by adding at the end the following new subparagraph:
``(E) 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.''.
Subtitle F--Limitations and Extensions 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(c) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Military animals''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of making a determination under subsection
(a)(2), unusual or extraordinary circumstances may include situations
in which the handler of a military working dog is killed in action,
dies of wounds received in action, or is so seriously wounded in action
that the member will (or most likely will) receive a medical discharge.
If the Secretary of the military department concerned determines that
an adoption is justified in such a situation, the military working dog
shall be made available for adoption only by the immediate family of
the member.''.
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 270 days after the date on which
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 detailed plan for any new information technology
systems, along with a funding plan, that may be required to
fully implement the initiative.
(3) A description of the performance metrics developed to
objectively measure the initiative at the six bases
participating in the initiative as of the date of the enactment
of this Act.
(4) An explanation of how appropriated and non-appropriated
funds used in the initiative are being tracked to ensure that
such funds remain segregated.
(5) An estimate of the cost savings and efficiencies
associated with the initiative, and an explanation of how such
savings are achieved.
(6) The rationale for any 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.
(7) An explanation of any challenges or barriers
encountered at such bases and a plan for addressing those
challenges or barriers to implementation.
(8) A description of the training programs being developed
to assist the transition for all employees affected by the
initiative.
(9) A detailed 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. LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS FOR THE
MIGRATION OF ARMY ENTERPRISE EMAIL SERVICES.
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, not more than
2 percent 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 that includes a comparison of
the relative merits of transitioning to Defense Information Systems
Agency enterprise email services and Army Knowledge Online. The report
shall address each of the following:
(1) The original business case analysis supporting the
decision to transition to Defense Information Systems Agency
enterprise email services.
(2) An analysis of alternatives to the decision that were
considered.
(3) The proposed formal acquisition oversight body and
process with respect to the transition.
(4) An economic analysis (including a life-cycle cost
analysis) of the proposed transition, including a cost-benefit
analysis and assessment of sustainment costs.
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''.
SEC. 355. MODIFICATION OF REPORT ON SEAD/DEAD MISSION REQUIREMENTS OF
THE AIR FORCE.
Section 334 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4188) is amended--
(1) in subsection (a)--
(A) by striking ``120 days after the date of the
enactment of this Act'' and inserting ``August 1,
2011'';
(B) by striking ``designating'' and inserting
``expanding the role of the Air National Guard in
conducting''; and
(C) by striking ``as a responsibility of the Air
National Guard''; and
(2) in subsection (b)(2), by adding at the end the
following:
``(D) The capacity and capability of the Air
National Guard to assume an increased level of the
Department's SEAD/DEAD mission responsibilities.''.
SEC. 356. LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS FOR
MIGRATION OF MANAGEMENT OF AIR FORCE ENTERPRISE LOGISTICS
SYSTEMS PROGRAM EXECUTIVE OFFICE PENDING COST-BENEFIT
ANALYSIS.
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
management for the Enterprise Logistics System Program Executive Office
by the Department of the Air Force, 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 Air Force submits to the congressional defense
committees a report on the cost-benefit analysis of migrating the
management headquarters for the Enterprise Logistics System Program
Executive Office. The report shall address each of the following:
(1) The business case analysis supporting the decision.
(2) An analysis of alternatives to the decision that were
considered.
(3) An economic analysis (including a life-cycle cost
analysis) of the proposed transition, including a cost-benefit
analysis and assessment of sustainment costs.
Subtitle G--Other Matters
SEC. 361. CONSIDERATION OF FORECLOSURE CIRCUMSTANCES IN ADJUDICATION OF
SECURITY CLEARANCES.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1564a the following new section:
``Sec. 1564b. Security clearance adjudications
``In carrying out a security clearance adjudication of a member of
the armed forces, the Secretary of Defense shall give special
consideration to any such member with a record of a foreclosure on the
credit report of such member.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall issue regulations to
carry out section 1564b of title 10, United States Code, as added by
subsection (a).
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1564a the following new item:
``1564b. Security clearance adjudications.''.
SEC. 362. 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. 363. 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. 364. REDUCTION IN AMOUNTS OTHERWISE AUTHORIZED TO BE APPROPRIATED
TO THE DEPARTMENT OF DEFENSE FOR PRINTING AND
REPRODUCTION.
The following amounts otherwise authorized to be appropriated for
fiscal year 2012 for the Department of Defense are hereby reduced by 10
percent:
(1) The amount for Operation and Maintenance for the Army,
for printing and reproduction.
(2) The amount for Operation and Maintenance for the Navy,
for printing and reproduction.
(3) The amount for Operation and Maintenance for the Marine
Corps, for printing and reproduction.
(4) The amount for Operation and Maintenance for the Air
Force, for printing and reproduction.
(5) The amount for Operation and Maintenance for Defense-
wide activities, for printing and reproduction.
SEC. 365. REDUCTION IN AMOUNTS OTHERWISE AUTHORIZED TO BE APPROPRIATED
TO THE DEPARTMENT OF DEFENSE FOR STUDIES, ANALYSIS, AND
EVALUATIONS.
The following amounts otherwise authorized to be appropriated for
fiscal year 2012 for the Department of Defense are hereby reduced by 10
percent:
(1) The amount for Operation and Maintenance for the Army,
for studies, analysis, and evaluations.
(2) The amount for Operation and Maintenance for the Navy,
for studies, analysis, and evaluations.
(3) The amount for Operation and Maintenance for the Marine
Corps, for studies, analysis, and evaluations.
(4) The amount for Operation and Maintenance for the Air
Force, for studies, analysis, and evaluations.
(5) The amount for Operation and Maintenance for Defense-
wide activities, for studies, analysis, and evaluations.
SEC. 366. 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. 367. 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. 368. SENSE OF CONGRESS ON PROPOSED FEDERAL AVIATION ADMINISTRATION
CHANGES TO FLIGHT CREW MEMBER DUTY AND REST REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Section 212 of the Airline Safety and Federal Aviation
Administration Extension Act of 2010 (Public Law 111-216; 49
U.S.C. 44701 note) directed the Administrator of the Federal
Aviation Administration to issue regulations, based on the best
available scientific information, to specify limitations on the
hours of flight and duty time allowed for pilots to address
problems relating to pilot fatigue.
(2) On September 14, 2010, the Federal Aviation
Administration issued a Notice of Proposed Rulemaking titled
``Flightcrew Member Duty and Rest Requirements''.
(3) Between March 2010 and March 2011, the Air Mobility
Command and its Civil Reserve Air Fleet partners airlifted more
than 2,000,000 passengers and 848,000 tons of cargo around the
world in support of the missions of the Department of Defense.
(4) An Air Force Institute of Technology study titled
``Civil Reserve Airlift Fleet (CRAF) Crew Rest Study'' analyzed
2264 missions flown by Civil Reserve Air Fleet carriers under
contract with the Department of Defense between May and
September 2011, and concluded that over 80 percent of those
missions may have been infeasible had the proposed rule
referred to in paragraph (2) been in effect during such period.
(5) On February 15, 2011, General Duncan J. McNabb,
Commander of the United States Transportation Command, wrote to
the Administrator of the Federal Aviation Administration
expressing significant concern about the proposed rule change
and stating that the Operational Risk Management approach of
the United States Transportation Command mitigated operational
hazards and included ``reasonable measures to reduce risk to
personnel, equipment and the mission''. In the letter, General
McNabb noted that he believes there is room for proper
exceptions to the proposed rule and went on to write that
``through cooperation, we can develop mutually acceptable
guidelines that not only mitigate the impact of crew fatigue,
but afford all carriers the flexibility to implement safer
aircrew processes''.
(6) The United States Transportation Command is relying
heavily on the Civil Reserve Air Fleet as a critical partner as
they effectively and efficiently deploy and sustain the
warfighter in simultaneous operations in Afghanistan, Iraq, and
Libya and in relief operations in Japan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) when faced with immediate and long-term world events,
the superb team of the United States Transportation Command
successfully overcomes many obstacles to support the national
security objectives of the United States with world-class
logistics and the Civil Reserve Air Fleet program is one of the
major reasons they deliver both combat power and humanitarian
relief on time, on target, and at best value to the taxpayer;
(2) the Administrator of the Federal Aviation
Administration should make every effort to ensure that any
changes to guidelines, regulations, and rules of the Federal
Aviation Administration, including changes to the Flightcrew
Member Duty and Rest Requirements, fully consider the impact of
such changes on Civil Reserve Air Fleet carriers, the United
States Transportation Command, and the Department of Defense;
and
(3) the Administrator of the Federal Aviation
Administration, in consultation with the Commander of the
United States Transportation Command, should develop guidelines
that address not only crew fatigue, but also enhance safety
while minimizing the impact on the mission of the United States
Transportation Command and the Department of Defense.
SEC. 369. 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. 370. ASSISTANCE FOR HOMELAND DEFENSE MISSION TRAINING.
(a) Assistance Authorized.--Chapter 9 of title 32, United States
Code, is amended by adding at the end the following new section:
``Sec. 909. Training assistance
``(a) Assistance Authorized.--To improve the training of National
Guard units and Federal agencies performing homeland defense
activities, the Secretary of Defense may provide funding assistance
through a special military cooperative agreement for the operation and
maintenance of any State training center certified by the Federal
Emergency Management Agency as capable of providing emergency response
training.
``(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds under subsection (a) with or to a specific
entity shall--
``(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10 or on competitive procedures; and
``(2) comply with other applicable provisions of law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``909. Training assistance.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2012, as follows:
(1) The Army, 562,000.
(2) The Navy, 325,739.
(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, 562,000.
``(2) For the Navy, 325,739.
``(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.
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 Air Force General Officers on Active
Duty.--
(1) Limitation; exclusion for joint duty requirements.--
Section 526 of such title is amended--
(A) in subsection (a)(3), by striking ``208'' and
inserting ``197''; and
(B) in subsection (b)(2)(C), by striking ``76'' and
inserting ``73''.
(2) Effective date.--The amendments made by paragraph (1)
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.''.
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) in subparagraph (A), by striking
``recommended'' and inserting ``nominated'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) in subparagraph (E), as so redesignated, by
striking ``colonel'' and inserting ``brigadier
general''; and
(D) 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 of 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. PRESEPARATION COUNSELING FOR MEMBERS OF THE RESERVE
COMPONENTS.
(a) Requirement; Exception.--Subsection (a)(1) of section 1142 of
title 10, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Within'' and inserting ``(A)
Within''; and
(B) by striking ``of each member'' and all that
follows through the period at the end of the sentence
and inserting the following: ``of--
``(i) each member of the armed forces whose discharge or
release from active duty is anticipated as of a specific date;
and
``(ii) each member of a reserve component not covered by
clause (i) whose discharge or release from service is
anticipated as of a specific date.''; and
(2) in the second sentence, by striking ``A notation of the
provision of such counseling'' and inserting the following:
``(B) A notation of the provision of preseparation counseling''.
(b) Modification of Time Period in Which Preseparation Counseling
Must Be Provided.--Subsection (a)(3) of such section is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) In the event that a member of a reserve component is being
released from active duty for a period of more than 30 days under
circumstances in which the Secretary concerned determines operational
requirements make compliance with the 90-day requirement under
subparagraph (A) unfeasible, preseparation counseling shall begin as
soon as possible within the remaining period of service.''.
(c) Conforming Amendment Regarding Covered Matters.--Subsection
(b)(7) of such section is amended by striking ``from active duty''.
SEC. 513. 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. 514. 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. 515. CHIEF OF NATIONAL GUARD BUREAU.
(a) Role as Advocate and Liaison.--Section 10502 of title 10,
United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c), the following new
subsection:
``(d) Advocate and Liaison for State National Guards.--The Chief of
the National Guard Bureau shall serve as an advocate and liaison for
the National Guard of each State, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, and the Virgin Islands and inform such
National Guards of all actions that could affect their Federal or State
missions, including any equipment level or force structure changes.''.
(b) Inclusion as Member of Joint Chiefs of Staff.--
(1) In general.--Section 10502 of title 10, United States
Code, is further amended by inserting after subsection (d) (as
amended by subsection (a) of this section), the following new
subsection:
``(e) Member of Joint Chiefs of Staff.--
``(1) The Chief of the National Guard Bureau shall be a
member of the Joint Chiefs of Staff (as described in section
151 of this title).
``(2) As a member of the Joint Chiefs of Staff, the Chief
of the National Guard Bureau has the specific responsibility of
advocating for the National Guards of the States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
and the Virgin Islands and coordinating the efforts of the
warfighting support and force provider mission of the National
Guard with the homeland defense, defense support to civil
authorities, and State emergency response missions of the
National Guard to ensure the National Guard has the resources
to perform its multiple missions.
``(3) The Chief of the National Guard Bureau shall consult
with the Governors and the Adjutants General of the States
before any changes are made in National Guard force structure
or equipment levels (or both) to determine the impact such
changes may have on the homeland defense, defense support to
civil authorities, and State emergency response missions of the
National Guard.''.
(2) Conforming amendment.--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.''.
Subtitle C--General Service Authorities
SEC. 521. FINDINGS REGARDING UNIQUE NATURE, DEMANDS, AND HARDSHIPS OF
MILITARY SERVICE.
(a) Codification.--Chapter 37 of title 10, United States Code, is
amended by inserting before section 651 the following new section:
``Sec. 650. Findings regarding unique nature, demands, and hardships of
service in the armed forces
``Congress makes the following findings:
``(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 service members that make the combat effectiveness
of a military unit greater than the sum of the combat
effectiveness of the 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.
``(13) The armed forces must maintain personnel policies
that are intended to recruit and retain only those persons
whose presence in the armed forces serve the needs of the armed
forces, contribute to the accomplishment of the missions of the
armed forces, and maintain the armed forces' high standards of
morale, good order and discipline, and unit cohesion that are
the essence of military capability.''.
(b) Clerical Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 651 the following new item:
``650. Findings regarding unique nature, demands, and hardships of
service in the armed forces.''.
(2) Table of chapters.--The table of chapters at the
beginning of subtitle A of such title and at the beginning of
part II of such subtitle are amended by striking the item
relating to chapter 37 and inserting the following new item:
``37. General Service Requirements.......................... 650''.
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. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS OF THE ARMED FORCES
UPON BIRTH OR ADOPTION OF A CHILD.
Section 701 of title 10, United State Code, is amended--
(1) by striking subsections (i) and (j) and inserting the
following new subsection:
``(i)(1) A member of the armed forces who gives birth to a child or
who adopts a child in a qualifying child adoption and will be primary
caregiver for the adopted child shall receive 42 days of leave after
the birth or adoption to be used in connection with the birth or
adoption of the child.
``(2) A married member of the armed forces on active duty whose
wife gives birth to a child or who adopts a child in a qualifying child
adoption, but will not be primary caregiver for the adopted child,
shall receive 10 days of leave to be used in connection with the birth
or adoption of the child.
``(3) If two members of the armed forces who are married to each
other adopt a child in a qualifying child adoption, only one of the
members may be designated as primary caregiver for purposes of
paragraph (1). In the case of a dual-military couple, the member
authorized leave under paragraph (1) and the member authorized leave
under paragraph (2) may utilize the leave at the same time.
``(4) For the purpose of this subsection, an adoption of a child by
a member is a qualifying child adoption if the member is eligible for
reimbursement of qualified adoption expenses for such adoption under
section 1052 of this title.
``(5) Leave authorized under this subsection is in addition to
other leave provided under other provisions of this section.
``(6) The Secretary of Defense may prescribe such regulations as
may be necessary to carry out this subsection.''; and
(2) by redesignating subsection (k) as subsection (j).
SEC. 524. 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. 525. 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 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. 526. NAVY RECRUITING AND ADVERTISING.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $254,860,000 for
Recruiting and Advertising. Of the amounts authorized to be
appropriated by section 301, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $983,000 for the professional development of youth ages 11
to 17, to promote interest and skill in seamanship and aviation while
instilling qualities that mold strong moral character in an anti-drug
and anti-gang environment in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 527. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF
DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS.
(a) Authority to Obtain Deferment.--In the case of a member of the
Armed Forces with minor dependents who has a spouse who is also a
member of the Armed Forces, and the spouse is deployed in an area for
which imminent danger pay is authorized under section 310 of title 37,
United States Code, the member may request a deferment of a deployment
to such an area until the spouse returns from such deployment.
(b) Approval of Request.--The Secretary of the military department
concerned, and the Secretary of Homeland Security in the case of
members of the Coast Guard, shall approve a request submitted by a
member pursuant to subsection (a).
(c) Repeal of Limited Authority.--Section 586 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 112
Stat. 132; 10 U.S.C. 991 note) is amended by striking the second
sentence.
SEC. 528. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM.
(a) Program Enhancements.--
(1) 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.
(2) Cooperative effort.--The Secretary of Defense shall
develop suicide prevention information and resources in
consultation with--
(A) 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
(B) to the extent appropriate, institutions of
higher education and other public and private entities,
including international entities, with expertise
regarding suicide prevention.
(b) Suicide Prevention Training Component During Recruit Basic
Training.--
(1) Army.--
(A) Training required.--Chapter 401 of title 10,
United States Code, is amended by inserting after
section 4320 the following new section:
``Sec. 4320a. Recruit basic training: availability of suicide
prevention resources
``(a) Availability.--As part of the initial entry training program
of the Army that constitutes the basic training of new recruits, the
Secretary of the Army shall include a training component on suicide
prevention.
``(b) Elements.--The suicide prevention training component shall
include the following:
``(1) Methods for recognizing risk factors for suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(4) Information on best practices for suicide
prevention.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 4320 the following
new item:
``4320a. Recruit basic training: availability of suicide prevention
resources.''.
(2) Navy and marine corps.--
(A) Training required.--Chapter 602 of such title
is amended by adding at the end the following new
section:
``Sec. 6933. Recruit basic training: availability of suicide prevention
resources
``(a) Availability.--As part of the initial entry training program
of the Navy and the Marine Corps that constitutes the basic training of
new recruits, the Secretary of the Navy shall include a training
component on suicide prevention.
``(b) Elements.--The suicide prevention training component shall
include the following:
``(1) Methods for recognizing risk factors for suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(4) Information on best practices for suicide
prevention.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``602. Recruit basic training: availability of suicide prevention
resources.''.
(3) Air force.--
(A) Training required.--Chapter 901 of such title
is amended by inserting after section 9320 the
following new section:
``Sec. 9320a. Recruit basic training: availability of suicide
prevention resources
``(a) Availability.--As part of the initial entry training program
of the Air Force that constitutes the basic training of new recruits,
the Secretary of the Air Force shall include a training component on
suicide prevention.
``(b) Elements.--The suicide prevention training component shall
include the following:
``(1) Methods for recognizing risk factors for suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(4) Information on best practices for suicide
prevention.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 4320 the following
new item:
``4320a. Recruit basic training: availability of suicide prevention
resources.''.
(c) Preseparation Counseling.--Section 1142(b)(8) of such title is
amended by inserting before the period the following: ``and the
availability to the member and the member's family of the suicide
prevention resources described in section 1177(d) of this title''.
(d) Funding Increase and Offsetting Reduction.--Notwithstanding the
amounts set forth in the funding tables in division D--
(1) the amount authorized to be appropriated in section 421
for military personnel, as specified in the corresponding
funding table in division D, is hereby increased by $5,000,000,
with the amount of the increase allocated to carrying out this
section and the amendments made by this section; and
(2) the amount authorized to be appropriated in section 101
for other procurement, Air Force, as specified in the
corresponding funding table in division D, is hereby reduced by
$5,000,000, with the amount of the reduction to be derived from
Joint Tactical Radio System Maritime-Fixed radios under line
049 Tactical Communications Electronic Equipment, as specified
in the corresponding funding table in section 4101.
SEC. 529. 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. 530. 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) Ideologically based threats or actions of
another member that the member providing the
information reasonably believes could be
counterproductive or detrimental to United States
interests or security.''.
SEC. 531. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.
(a) Authority to Award.--The Secretary of the Army may award the
Army Combat Action Badge (established by order of the Secretary of the
Army through Headquarters, Department of the Army Letter 600-05-1,
dated June 3, 2005) to a person who, while a member of the Army,
participated in combat during which the person personally engaged, or
was personally engaged by, the enemy at any time during the period
beginning on December 7, 1941, and ending on September 18, 2001 (the
date of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the person
has not been previously recognized in an appropriate manner for such
participation.
(b) Procurement of Badge.--The Secretary of the Army may make
arrangements with suppliers of the Army Combat Action Badge so that
eligible recipients of the Army Combat Action Badge pursuant to
subsection (a) may procure the badge directly from suppliers, thereby
eliminating or at least substantially reducing administrative costs for
the Army to carry out this section.
SEC. 532. 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.''.
Subtitle D--Military Justice and Legal Matters
SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF MILITARY PERSONNEL
DECISIONS RELATING TO CORRECTION OF MILITARY RECORDS.
(a) Judicial Review Procedures.--
(1) In general.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1558 the following
new section:
``Sec. 1558a. Judicial review of certain decisions relating to
correction of military records
``(a) Availability of Judicial Review.--After a final decision is
issued by the Secretary concerned pursuant to section 1552 of this
title or by the Secretary of Homeland Security or the Secretary of
Defense pursuant to subsection (f) or (g) of section 1034 of this
title, any person aggrieved by such a decision may obtain judicial
review of the decision.
``(b) Basis to Set-aside Decision.--In exercising its authority
under this section, the reviewing court shall review the record of the
decision and may hold unlawful and set aside any decision demonstrated
by the petitioner in the record to be--
``(1) arbitrary or capricious;
``(2) not based on substantial evidence;
``(3) a result of material error of fact or material
administrative error, but only if the petitioner identified to
the correction board how the failure to follow such procedures
substantially prejudiced the petitioner's right to relief, and
shows to the reviewing court by a preponderance of the evidence
that the error was harmful; or
``(4) otherwise contrary to law.
``(c) Relief.--In exercising its authority under this section, the
reviewing court shall affirm, modify, vacate, or reverse the decision,
or remand the matter, as appropriate.
``(d) Matters Must Be Justiciable.--Notwithstanding subsections
(a), (b), and (c), the reviewing court does not have jurisdiction to
entertain any matter or issue raised in a petition of review that is
not justiciable.
``(e) Decision Must Be Final.--(1) No judicial review may be made
under this section unless the petitioner shall first have requested a
correction under section 1552 of this title, and the Secretary
concerned shall have rendered a final decision denying that correction
in whole or in part. In a case in which the final decision of the
Secretary concerned is subject to review by the Secretary of Defense
under section 1034(g) of this title, the petitioner is not required to
seek such review by the Secretary of Defense before obtaining judicial
review under this section. If the petitioner seeks review by the
Secretary of Defense under section 1034(g) of this title, no judicial
review may be made until the Secretary of Defense shall have rendered a
final decision denying that request in whole or in part.
``(2) In the case of a final decision described in subsection (a)
made after the end of the one-year period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2012, a petition for judicial review under this section must be filed
within one year after the date of that final decision.
``(f) Exceptions.--(1) A decision by a board established under
section 1552(a)(1) of this title declining to excuse the untimely
filing of a request for correction of military records is not subject
to judicial review under this section or otherwise subject to review in
any court.
``(2) A decision by a board established under section 1552(a)(1) of
this title declining to reconsider or reopen a previous denial or
partial denial of a request for correction of military records is not
subject to judicial review under this section or otherwise subject to
review in any court.
``(3) Notwithstanding subsection (e)(2), a decision by a board
established under section 1552(a)(1) of this title that results in
denial, in whole or in part, of any request for correction of military
records that is received by the board more than six years after the
date of discharge, retirement, release from active duty, or death while
on active duty of the person whose military records are the subject of
the correction request is not subject to judicial review under this
section or otherwise subject to review in any court.
``(g) Sole Basis for Judicial Review.--(1) In the case of a cause
of action arising after the end of the one-year period beginning on the
date of the enactment of the National Defense Authorization Act for
Fiscal Year 2012, no court shall have jurisdiction to entertain any
request for correction of records cognizable under subsection (f) or
(g) of section 1034 or section 1552 of this title except as provided in
this section.
``(2) In the case of a cause of action arising after the end of
such one-year period, except as provided by chapter 153 of title 28 and
chapter 79 of this title, no court shall have jurisdiction over any
civil action or claim seeking, in whole or in part, to challenge any
decision for which administrative review is available under section
1552 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1558 the following new item:
``1558a. Judicial review of certain decisions relating to correction of
military records.''.
(b) Effect of Denial of Request for Correction of Records When
Prohibited Personnel Action Alleged.--
(1) Notice of denial; procedures for judicial review.--
Subsection (f) of section 1034 of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(7) In any case in which the final decision of the Secretary
concerned results in denial, in whole or in part, of any requested
correction of the record of the member or former member, the Secretary
concerned shall provide the member or former member a concise written
statement of the factual and legal basis for the decision, together
with a statement of the procedure and time for obtaining review of the
decision pursuant to section 1558a of this title.''.
(2) Secretary of defense review; notice of denial.--
Subsection (g) of such section is amended--
(A) by inserting ``(1)'' before ``Upon the
completion of all''; and
(B) by adding at the end the following new
paragraph:
``(2) The submittal of a matter to the Secretary of Defense by the
member or former member under paragraph (1) must be made within 90 days
of the receipt by the member or former member of the final decision of
the Secretary of the military department concerned in the matter. In
any case in which the final decision of the Secretary of Defense
results in denial, in whole or in part, of any requested correction of
the record of the member or former member, the Secretary of Defense
shall provide the member or former member a concise written statement
of the basis for the decision, together with a statement of the
procedure and time for obtaining review of the decision pursuant to
section 1558a of this title.''.
(3) Sole basis for judicial review.--Such section is
further amended--
(A) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(B) by inserting after subsection (g) the following
new subsection (h):
``(h) Judicial Review.--(1) A decision of the Secretary of Defense
under subsection (g) shall be subject to judicial review only as
provided in section 1558a of this title.
``(2) In a case in which review by the Secretary of Defense under
subsection (g) was not sought, a decision of the Secretary of a
military department under subsection (f) shall be subject to judicial
review only as provided in section 1558a of this title.
``(3) A decision of the Secretary of Homeland Security under
subsection (f) shall be subject to judicial review only as provided in
section 1558a of this title.''.
(c) Effect of Denial of Other Requests for Correction of Military
Records.--Section 1552 of such title is amended by adding at the end
the following new subsections:
``(h) In any case in which the final decision of the Secretary
concerned results in denial, in whole or in part, of any requested
correction, the Secretary concerned shall provide the claimant a
concise written statement of the factual and legal basis for the
decision, together with a statement of the procedure and time for
obtaining review of the decision pursuant to section 1558a of this
title.
``(i) A decision by the Secretary concerned under this section
shall be subject to judicial review only as provided in section 1558a
of this title.''.
(d) Effective Date and Retroactive Application.--
(1) Effective date.--The amendments made by this section
shall take effect one year after the date of the enactment of
this Act.
(2) Retroactive application.--The amendments made by this
section shall apply to all final decisions of the Secretary of
Defense under section 1034(g) of title 10, United States Code,
and of the Secretary of a military department or the Secretary
of Homeland Security under sections 1034(f) or 1552 of such
title, whether rendered before, on, or after the date of the
enactment of this Act.
(3) Transition.--During the period between the date of the
enactment of this Act and the effective date specified in
paragraph (1), in any case in which the final decision of the
Secretary of Defense under section 1034 of title 10, United
States Code, or the Secretary concerned under section 1552 of
title 10, United States Code, results in denial, in whole or in
part, of any requested correction of the record of a member or
former member of the Armed Forces or the record of a claimant
under such section 1552, the individual shall be informed in
writing of the time for obtaining review of the decision
pursuant to section 1558a of such title as provided therein.
(4) Implementation.--The Secretaries concerned may
prescribe appropriate regulations, and interim guidance before
prescribing such regulations, to implement the amendments made
by this section. In the case of the Secretary of a military
department, such regulations may not take effect until approved
by the Secretary of Defense.
(5) Construction.--This section and the amendments made by
this section do not affect the authority of any court to
exercise jurisdiction over any case that was properly before
the court before the effective date specified in paragraph (1).
(6) Secretary concerned.--In this subsection, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
SEC. 532. 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) Retroactive Application of Regulations.--To the extent
provided in the regulations issued under subsection (a), the
regulations shall also apply to the acceptance of gifts for injuries or
illnesses incurred on or after September 11, 2001, through the
effective date of the regulations.''.
SEC. 533. ADDITIONAL CONDITION ON REPEAL OF DON'T ASK, DON'T TELL
POLICY.
Effective as of December 22, 2010, and as if included therein as
enacted, section 2(b) of Public Law 111-321 (124 Stat. 3516) is amended
by adding at the end the following new paragraph:
``(3) The Chief of Staff of the Army, the Chief of Naval
Operations, the Commandant of the Marine Corps, and the Chief
of Staff of the Air Force each submit to the congressional
defense committees the officer's written certification that
repeal of section 654 of title 10, United States Code, will not
degrade the readiness, effectiveness, cohesion, and morale of
combat arms units and personnel of the Armed Force under the
officer's jurisdiction engaged in combat, deployed to a combat
theater, or preparing for deployment to a combat theater.''.
SEC. 534. MILITARY REGULATIONS REGARDING MARRIAGE.
Congress reaffirms the policy of section 3 of the Defense of
Marriage Act, codified as section 7 of title 1, United States Code. In
determining the meaning of any Act of Congress, or of any ruling,
regulation, or interpretation of the Department of Defense applicable
to members of the Armed Forces or civilian employees of the Department
of Defense, the word ``marriage'' means only a legal union between one
man and one woman as husband and wife, and the word ``spouse'' refers
only to a person of the opposite sex who is a husband or a wife.
SEC. 535. USE OF MILITARY INSTALLATIONS AS SITE FOR MARRIAGE CEREMONIES
AND PARTICIPATION OF CHAPLAINS AND OTHER MILITARY AND
CIVILIAN PERSONNEL IN THEIR OFFICIAL CAPACITY.
(a) Limitation on Use.--A military installation or other property
under the jurisdiction of the Department of Defense may be used as the
site for a marriage ceremony only if the marriage complies with the
definition of marriage in section 7 of title 1, United States Code.
(b) Limitation on Participation.--A member of the Armed Forces,
including a chaplain, or civilian employee of the Department of Defense
acting in an official capacity may assist in or perform a marriage
ceremony only if the marriage complies with the definition of marriage
in section 7 of title 1, United States Code.
Subtitle E--Member Education and Training Opportunities and
Administration
SEC. 541. IMPROVED ACCESS TO APPRENTICESHIP PROGRAMS FOR MEMBERS OF THE
ARMED FORCES WHO ARE BEING SEPARATED FROM ACTIVE DUTY OR
RETIRED.
Section 1144 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Participation in Apprenticeship Programs.--As part of the
program carried out under this section, the Secretary concerned may
permit a member of the armed forces eligible for assistance under the
program to participate in an apprenticeship program that provides
employment skills training and assists members in transitioning into
new careers in civilian life.''.
SEC. 542. EXPANSION OF RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM TO
INCLUDE STUDENTS IN MENTAL HEALTH DEGREE PROGRAMS IN
CRITICAL WARTIME SPECIALTIES.
(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 Students 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.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in an amount
determined under subsection (g), for the period or the
remainder of the period that the student is satisfactorily
progressing toward a degree in clinical psychology or social
work while enrolled in a school accredited in the designated
mental health discipline;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Ready Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to active
duty in time of war or national emergency as provided by law
for members of the Ready Reserve; and
``(D) the participant shall agree to serve, upon successful
completion of the program, one year in the Ready Reserve for
each six months, or part thereof, for which the stipend is
provided, to be served in the Selected Reserve or in the
Individual Ready Reserve as specified in the agreement.''.
(b) Cross-reference Amendments.--Such section is further amended--
(1) by striking ``subsection (f)'' in subsections
(b)(2)(A), (c)(2)(A), and (d)(2)(A) and inserting ``subsection
(g)''; and
(2) in subsection (g), as redesignated by subsection
(a)(1), by striking ``subsection (b) or (c)'' and inserting
``subsection (b), (c), (d), or (f)''.
SEC. 543. ADMINISTRATION OF UNITED STATES AIR FORCE INSTITUTE OF
TECHNOLOGY.
(a) Amendment.--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) Active-duty officers.--An active-duty officer
of the Air Force in a grade not below the grade of
colonel, who is assigned or detailed to such position.
``(B) Civilians.--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 to the position of
Commandant and is selected by the Secretary as the best
qualified from among candidates for the position in
accordance with--
``(i) the criteria specified in paragraph
(5);
``(ii) a process determined by the
Secretary; and
``(iii) other factors the Secretary
considers relevant.
``(3) Consultation of relevant individuals.--Before making
an assignment, detail, or selection of an individual for the
position of Commandant, the Secretary shall--
``(A) consult with the Air Force Institute of
Technology Subcommittee of the Air University Board of
Visitors;
``(B) consider any recommendation of the leadership
and faculty of the Air Force Institute of Technology
regarding the assignment or selection to that position;
and
``(C) consider the recommendations of the Air Force
Chief of Staff.
``(4) Five year term for civilian commandant.--An
individual selected for the position of Commandant under
paragraph (1)(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.
``(5) Relevant qualifications.--The qualifications
appropriate for selection of an individual for detail or
assignment to the position of Commandant include the following:
``(A) An academic degree that is either--
``(i) a doctorate degree in a field of
study relevant to the mission and function of
the Air Force Institute of Technology; or
``(ii) a master's degree in a field of
study relevant to the mission and function of
the Air Force Institute of Technology, but only
if--
``(I) the individual is an active-
duty or retired officer of the Air
Force in a grade not below the grade of
brigadier general; and
``(II) at the time of the selection
of that individual as Commandant, the
individual permanently appointed to the
position of Provost and Academic Dean
has a doctorate degree in a field of
study relevant to the mission and
function of the Air Force Institute of
Technology.
``(B) A comprehensive understanding of the
Department of the Air Force, the Department of Defense,
and joint and combined operations.
``(C) Leadership experience at the senior level in
a large and diverse organization.
``(D) Demonstrated ability to foster and encourage
a program of research in order to sustain academic
excellence.
``(E) Other qualifications, as determined by the
Secretary.
``(6) Support.--The Secretary shall detail officers of the
Air Force of appropriate grades and qualifications to assist
the Commandant in--
``(A) the advanced instruction and professional and
technical education of students and the provision of
research opportunities for students; and
``(B) the administration of the Air Force Institute
of Technology.
``(b) Provost and Academic Dean.--
``(1) In general.--There is established at the Air Force
Institute of Technology the civilian position of Provost and
Academic Dean.
``(2) Appointment.--
``(A) Appointment by the secretary.--The Provost
and Academic Dean shall be appointed by the Secretary
for a term of five years.
``(B) Consultation.--Before making an appointment
to the position of Provost and Academic Dean, the
Secretary shall consult with the Air Force Institute of
Technology Subcommittee of the Air University Board of
Visitors and shall consider any recommendation of the
leadership and faculty of the Air Force Institute of
Technology regarding an appointment to that position.
``(3) Compensation.--The Provost and Academic Dean is
entitled to such compensation as the Secretary prescribes, but
not more than the rate of compensation authorized for level IV
of the Executive Schedule.
``(c) Definitions.--In this section:
``(1) Commandant.--The term `Commandant' means the
Commandant of the Air Force Institute of Technology.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Air Force.''.
(b) Treatment of Current Commandant.--The officer who is serving as
Commandant of the United States Air Force Institute of Technology at
the time of the enactment of this Act may serve as acting Commandant
until the appointment of a Commandant in accordance with section 9314b
of title 10, United States Code, as added by subsection (a).
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter 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. 544. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM NOMINATIONS
MADE BY THE GOVERNOR OF PUERTO RICO.
(a) United States Military Academy.--Section 4342(a)(7) of title
10, United States Code, is amended--
(1) by striking ``Six'' and inserting ``Eight''; and
(2) by striking ``one who is a native'' and inserting
``three who are natives''.
(b) United States Naval Academy.--Section 6954(a)(7) of title 10,
United States Code, is amended--
(1) by striking ``Six'' and inserting ``Eight''; and
(2) by striking ``one who is a native'' and inserting
``three who are natives''.
(c) United States Air Force Academy.--Section 9342(a)(7) of title
10, United States Code, is amended--
(1) by striking ``Six'' and inserting ``Eight''; and
(2) by striking ``one who is a native'' and inserting
``three who are natives''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the nomination of candidates for appointment to
the United States Military Academy, the United States Naval Academy,
and the United States Air Force Academy for classes entering these
military service academies after the date of the enactment of this Act.
SEC. 545. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON
ADMISSION TO UNITED STATES MILITARY ACADEMY, UNITED
STATES NAVAL ACADEMY, AND UNITED STATES AIR FORCE
ACADEMY.
(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) Waiver for Exceptional Candidates.--The Secretary of the
military department concerned may waive the maximum age limitation
specified in such sections for the admission of a candidate to the
United States Military Academy, the United States Naval Academy, or the
United States Air Force Academy if the candidate--
(1) satisfies the eligibility requirements for admission to
that academy (other than the maximum age limitation); and
(2) possesses an exceptional overall record that the
Secretary concerned determines sets the candidate apart from
all other candidates.
(c) 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.
(d) Limitation on Number Admitted Using Waiver.--No 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.
(e) 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.
(f) Reporting Requirement.--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 subsection (a) and under subsection (b);
(2) the number of waivers granted by the Secretary,
including whether the waiver was granted under subsection (a)
or (b);
(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.
(g) Duration of Waiver Authority.--The authority to grant a waiver
under this section expires on September 30, 2016.
SEC. 546. EDUCATION AND EMPLOYMENT ADVOCACY PROGRAM FOR WOUNDED MEMBERS
OF THE ARMED FORCES.
(a) Program Authorized; Funding Source.--In the budget submitted to
Congress under section 1105 of title 31, United States Code, for fiscal
year 2012, the President requested $ 2,201,964 for Operation &
Maintenance, Defense-wide, Budget Activity 04, Administrative and
Service-Wide Activities, Office of the Secretary of Defense. Of the
amounts authorized to be appropriated by section 301, as specified in
the corresponding funding table in division D, the Secretary of the
Defense shall obligate an additional $15,000,000 for purpose of an
education and employment advocacy pilot program to engage wounded
members of the Armed Forces early in their recovery. The Secretary may
award grants to, or enter into contracts and cooperative agreements
with, organizations, which may include non-profit organizations, that
the Secretary determines are eligible to assist in planning,
developing, managing, and implementing the pilot program.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 547. REPORT ON TUITION ASSISTANCE PROGRAM FOR OFF-DUTY TRAINING OR
EDUCATION.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on methods
to increase the efficiency of the tuition assistance program under
section 2007 of title 10, United States Code. Such report shall
include--
(1) a description of the effect of the program on
recruiting and retention within the Armed Forces;
(2) an analysis of other programs that provide benefits
similar to those provided through the program, including the
use of educational 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; and
(3) a description of the effects of modifying the program
to require members of the Armed Forces participating in the
program to pay for 25 percent of their education expenses and
the Secretary concerned to pay the remaining 75 percent of such
expenses.
SEC. 548. TROOPS-TO-TEACHERS PROGRAM.
(a) Transfer of Functions.--The responsibility and authority for
operation and administration of the Troops-to-Teachers Program is
transferred from the Secretary of Education to the Secretary of
Defense.
(b) Enactment and Modification of Program Authority in Title 10,
United States Code.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1154. Assistance to eligible members to obtain employment as
teachers: Troops-to-Teachers Program
``(a) Definitions.--In this section:
``(1) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(2) Charter school.--The term `charter school' has the
meaning given that term in section 5210 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
``(3) Additional terms.--The terms `elementary school',
`highly qualified teacher', `local educational agency',
`secondary school', and `State' have the meanings given those
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(b) Program Authorization.--The Secretary of Defense may carry
out a program (to be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (c) to obtain certification or
licensing as elementary school teachers, secondary school
teachers, or vocational or technical teachers, and to become
highly qualified teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or public
charter schools that the Secretary of Education
identifies as--
``(i) receiving grants under part A of
title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.)
as a result of having within their
jurisdictions concentrations of children from
low-income families;
``(ii) experiencing a shortage of highly
qualified teachers, in particular a shortage of
science, mathematics, special education, or
vocational or technical teachers; or
``(iii) a Bureau-funded school (as such
term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021));
and
``(B) in elementary schools or secondary schools,
or as vocational or technical teachers.
``(c) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the
Program:
``(A) Any member who--
``(i) on or after the date of the enactment
of the National Defense Authorization Act for
Fiscal Year 2011, becomes entitled to retired
or retainer pay under this title or title 14;
``(ii) has an approved date of retirement
that is within one year after the date on which
the member submits an application to
participate in the Program; or
``(iii) transfers to the Retired Reserve.
``(B) Any member who, on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2011--
``(i)(I) is separated or released from
active duty after 4 or more years of continuous
active duty immediately before the separation
or release; or
``(II) has completed a total of at least
ten years of active duty service, 10 years of
service computed under section 12732 of this
title, or 10 years of any combination of such
service; and
``(ii) executes a reserve commitment
agreement for a period of not less than 3 years
under paragraph (5)(B).
``(C) Any member who, on or after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2011, is retired or separated for physical
disability under chapter 61 of this title.
``(2) Submittal of applications.--(A) Selection of eligible
members of the armed forces to participate in the Program shall
be made on the basis of applications submitted to the
Secretary. An application shall be in such form and contain
such information as the Secretary may require.
``(B) An application may be considered to be submitted on a
timely basis under subparagraph (A)(i), (B), or (C) of
paragraph (1) if the application is submitted not later than 2
years after the date on which the member is retired or
separated or released from active duty, whichever applies to
the member.
``(3) Selection criteria; educational background
requirements and honorable service requirement.--(A) Subject to
subparagraphs (B) and (C), the Secretary shall prescribe the
criteria to be used to select eligible members of the armed
forces to participate in the Program.
``(B)(i) If a member of the armed forces is applying for
assistance for placement as an elementary school or secondary
school teacher, the Secretary shall require the member to have
received a baccalaureate or advanced degree from an accredited
institution of higher education.
``(ii) If a member of the armed forces is applying for
assistance for placement as a vocational or technical teacher,
the Secretary shall require the member--
``(I) to have received the equivalent of one year
of college from an accredited institution of higher
education and have 3 or more years of military
experience in a vocational or technical field; or
``(II) to otherwise meet the certification or
licensing requirements for a vocational or technical
teacher in the State in which the member seeks
assistance for placement under the Program.
``(C) A member of the armed forces is eligible to
participate in the Program only if the member's last period of
service in the armed forces was honorable, as characterized by
the Secretary concerned. A member selected to participate in
the Program before the retirement of the member or the
separation or release of the member from active duty may
continue to participate in the Program after the retirement,
separation, or release only if the member's last period of
service is characterized as honorable by the Secretary
concerned.
``(4) Selection priorities.--In selecting eligible members
of the armed forces to receive assistance under the Program,
the Secretary shall give priority to members who--
``(A) have educational or military experience in
science, mathematics, special education, or vocational
or technical subjects; and
``(B) agree to seek employment as science,
mathematics, or special education teachers in
elementary schools or secondary schools or in other
schools under the jurisdiction of a local educational
agency.
``(5) Other conditions on selection.--(A) The Secretary may
not select an eligible member of the armed forces to
participate in the Program and receive financial assistance
unless the Secretary has sufficient appropriations for the
Program available at the time of the selection to satisfy the
obligations to be incurred by the United States under
subsection (d) with respect to the member.
``(B) The Secretary may not select an eligible member of
the armed forces described in paragraph (1)(B)(i) to
participate in the Program under this section and receive
financial assistance under subsection (d) unless the member
executes a written agreement to serve as a member of the
Selected Reserve of a reserve component of the armed forces for
a period of not less than 3 years (in addition to any other
reserve commitment the member may have).
``(d) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of
the armed forces selected to participate in the Program under
subsection (c) and receive financial assistance under this
subsection shall be required to enter into an agreement with
the Secretary in which the member agrees--
``(i) within such time as the Secretary may
require, to obtain certification or licensing as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher, and to become a highly
qualified teacher; and
``(ii) to accept an offer of full-time employment
as an elementary school teacher, secondary school
teacher, or vocational or technical teacher for not
less than three school years with a local educational
agency receiving grants under part A of title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C.6311 et seq.), a Bureau-funded school (as such
term is defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 11 2021)), or a public
charter school.
``(B) The Secretary may waive the three-year commitment
described in subparagraph (A)(ii) for a participant if the
Secretary determines the waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered to be in violation of the agreement and shall not be
required to provide reimbursement under subsection (e), for
failure to meet the three-year commitment.
``(2) Violation of participation agreement; exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
paragraph (1) during any period in which the participant--
``(A) is pursuing a full-time course of study
related to the field of teaching at an institution of
higher education;
``(B) is serving on active duty as a member of the
armed forces;
``(C) is temporarily totally disabled for a period
of time not to exceed 3 years as established by sworn
affidavit of a qualified physician;
``(D) is unable to secure employment for a period
not to exceed 12 months by reason of the care required
by a spouse who is disabled;
``(E) is a highly qualified teacher who is seeking
and unable to find full-time employment as a teacher in
an elementary school or secondary school or as a
vocational or technical teacher for a single period not
to exceed 27 months; or
``(F) satisfies such other criteria as may be
prescribed by the Secretary.
``(3) Stipend for participants.--(A) Subject to
subparagraph (B), the Secretary may pay to a participant in the
Program selected under this section a stipend in an amount of
not more than $5,000.
``(B) The total number of stipends that may be paid under
subparagraph (A) in any fiscal year may not exceed 5,000.
``(4) Bonus for participants.--(A) Subject to subparagraph
(B), the Secretary may, in lieu of paying a stipend under
paragraph (3), pay a bonus of $10,000 to a participant in the
Program selected under this section who agrees in the
participation agreement under paragraph (1) to become a highly
qualified teacher and to accept full-time employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher for not less than 3 school
years in a high-need school.
``(B) The total number of bonuses that may be paid under
subparagraph (A) in any fiscal year may not exceed 3,000.
``(C) For purposes of subparagraph (A), the term `high-need
school' means a public elementary school, public secondary
school, or public charter school that meets one or more of the
following criteria:
``(i) At least 50 percent of the students enrolled
in the school were from low-income families (as
described in subsection (b)(2)(A)(i)).
``(ii) The school has a large percentage of
students who qualify for assistance under part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.).
``(5) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant in the Program
shall be taken into account in determining the eligibility of
the participant for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(e) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Program
who is paid a stipend or bonus under subsection (d) shall be
required to repay the stipend or bonus under the following
circumstances:
``(A) The participant fails to obtain teacher
certification or licensing, to become a highly
qualified teacher, or to obtain employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher as required by the
participation agreement under subsection (d)(1).
``(B) The participant voluntarily leaves, or is
terminated for cause from, employment as an elementary
school teacher, secondary school teacher, or vocational
or technical teacher during the 3 years of required
service in violation of the participation agreement.
``(C) The participant executed a written agreement
with the Secretary concerned under subsection (c)(5)(B)
to serve as a member of a reserve component of the
armed forces for a period of 3 years and fails to
complete the required term of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (d) shall pay an amount that bears
the same ratio to the amount of the stipend or bonus as the
unserved portion of required service bears to the three years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being paid
by the United States on the day on which the reimbursement is
determined to be due for securities having maturities of 90
days or less and shall accrue from the day on which the
participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11 shall not release a participant from the obligation to
reimburse the Secretary under this subsection.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The Secretary may also waive the reimbursement in
cases of extreme hardship to the participant, as determined by
the Secretary.
``(f) Relationship to Educational Assistance Under Montgomery GI
Bill.--The receipt by a participant in the Program of a stipend or
bonus under this subsection (d) shall not reduce or otherwise affect
the entitlement of the participant to any benefits under chapter 30 or
33 of title 38 or chapter 1606 of this title.
``(g) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to subparagraph
(B), the Secretary may make grants to States participating in
the Program, or to consortia of such States, in order to permit
such States or consortia of States to operate offices for
purposes of recruiting eligible members of the armed forces for
participation in the Program and facilitating the employment of
participants in the Program as elementary school teachers,
secondary school teachers, and vocational or technical
teachers.
``(B) The total amount of grants made under subparagraph
(A) in any fiscal year may not exceed $5,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title is amended by adding at
the end the following new item:
``1154. Assistance to eligible members to obtain employment as
teachers: Troops-to-Teachers Program.''.
(3) Conforming amendment.--Section 1142(b) (4)(C) of such
title is amended by striking ``under sections 1152 and 1153 of
this title and the Troops-to-Teachers Program under section
2302 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and
1154 of this title''.
(4) Termination of original program.--
(A) Termination.--
(i) Chapter A of subpart 1 of part C of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6671 et seq.) is repealed.
(ii) The table of contents in section 2 of
part I of the Elementary and Secondary
Education Act 1965 is amended by striking the
items relating to chapter A of subpart 1 of
part C of such Act.
(B) Existing agreements.--The repeal of such
chapter shall not affect the validity or terms of any
agreement entered into before the date of the enactment
of this Act under chapter A of subpart 1 of part C of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6671 et seq.), or to pay assistance, make
grants, or obtain reimbursement in connection with such
an agreement as in effect before such repeal.
(c) Advisory Board.--
(1) Establishment.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Education, shall establish
an Advisory Board composed of--
(A) a representative from the Defense Activity for
Non-Traditional Education Support Division of the
Department of Defense;
(B) a representative from the Department of
Innovation and Improvement of the Department of
Education;
(C) a representatives from three State offices that
operate to recruit eligible members of the Armed Forces
for participation in the Troops-to-Teachers Program and
facilitating the employment of participants in the
Program as elementary school teachers, secondary school
teachers, and vocational or technical teachers; and
(D) a representative from each of three veteran
service organizations.
(2) Duties.--The Advisory Board established under this
subsection shall--
(A) collect, consider, and disseminate feedback
from participants and State offices described in
paragraph (1)(C) on--
(i) the best practices for improving
recruitment of eligible members of the Armed
Forces in States, local educational agencies,
and public charter schools under served by the
Troops-to-Teachers Program;
(ii) ensuring that high-need local
educational agencies and public charter schools
are aware of the Program and how to participate
in it;
(iii) coordinating the goals of the Program
with other Federal, State, and local education
needs and programs; and
(iv) other activities that the Advisory
Board deems necessary; and
(B) not later than one year after the date of the
enactment of this Act, and annually thereafter, prepare
and submit a report to the appropriate committees of
Congress, which shall include--
(i) information with respect to the
activities of the Advisory Board;
(ii) information with respect to the
Troops-to-Teachers Program, including--
(I) the number of participants in
the Program;
(II) the number of States
participating in the Program;
(III) local educational agencies
and schools in where participants are
employed;
(IV) the grade levels at which
participants teach;
(V) the academic subjects taught by
participants;
(VI) rates of retention of
participants by the local educational
agencies and public charter schools
employing participant;
(VII) other demographic information
as may be necessary to evaluate the
effectiveness of the Program; and
(VIII) a review of the stipend and
bonus available to participants under
the Program; and
(iii) recommendations for--
(I) improvements to local, State,
and Federal recruitment and retention
efforts;
(II) legislative or executive
policy changes to improve the Program,
enhance participant experience, and
increase participation in the program;
and
(III) other changes necessary to
ensure that the Program is meeting its
purposes.
(d) Definitions.--In this section
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committees on Armed Services and Education
and Labor of the House of Representatives.
(2) The term ``Troops-to-Teachers Program'' means the
Troops-to-Teachers Program under section 1154 of title 10,
United States Code (as added by subsection (b)), as authorized
before October 1, 2011, 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.).
(e) Effective Date.--Subsection (a) and the amendments made by
subsection (b) shall take effect on October 1, 2011.
SEC. 549. DIVERSITY RECRUITMENT EFFORTS FOR THE MILITARY SERVICE
ACADEMIES.
(a) Funds for Diversity Recruitment Efforts.--The amounts
authorized to be appropriated by section 301 for operation and
maintenance for the Army, Navy, and Air Force for officer acquisition,
as specified in the corresponding funding table in section 4301, are
each increased by $1,400,000 to expand diversity recruitment efforts
for the United States Military Academy, the United States Naval
Academy, and the United States Air Force Academy.
(b) Offset From Joint Tactical Radio System.--Notwithstanding the
amounts set forth in the funding tables in division D, the amount
authorized to be appropriated in section 101 for other procurement, Air
Force, as specified in the corresponding funding table in division D,
is hereby reduced by $4,200,000, with the amount of the reduction to be
derived from Joint Tactical Radio System Maritime-Fixed radios under
Line 049 Tactical Communications-Electronic Equipment as set forth in
the table under section 4101.
(c) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in subsection (a) with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
Subtitle F--Army National Military Cemeteries
SEC. 551. ARMY NATIONAL MILITARY CEMETERIES.
(a) Management Responsibilities and Oversight.--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
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.--The Secretary of the
Army, with the approval of the Secretary of Defense, shall determine
eligibility for interment or inurnment in the Cemeteries.
``(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 Defense 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 internment 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) Supervising the superintendents of the Cemeteries.
``(c) Digitization of Arlington National Cemetery Internment and
Inurnment Records.--(1) Not later than June 1, 2012, all records
related to internments 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 internments and inurnments at Arlington National Cemetery
are preserved and utilized.
``(2) In this subsection, `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.
``Sec. 4725. Superintendents
``(a) Appointment and Qualifications.--An individual serving as the
superintendent of one of the Cemeteries should be a retired or former
member of the armed forces who served honorably and who--
``(1) has 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) as determined by the Secretary of the Army, has
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.--(1) 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. Except as provided
in paragraph (2), 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.
``(2) The Inspector General of the Department of Defense shall
conduct an inspection of the Cemeteries during fiscal years 2012 and
2014.
``(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.''.
(b) 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''.
(c) Time for Appointment and First Meeting of Advisory Committee on
Arlington National Cemetery.--The advisory committee on Arlington
National Cemetery required by section 4723 of title 10, United States
Code, as added by subsection (a), shall be appointed by the Secretary
of the Army and hold its first meeting not later than 30 days after the
date of the enactment of this Act.
SEC. 552. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE INSPECTION OF
MILITARY CEMETERIES.
(a) Inspection and Recommendations Required.--The Inspector General
of the Department of Defense shall conduct an inspection of each
military cemetery 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.--Subject to subsection (c), the
inspection of the military cemeteries 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 and the
adherence of each military cemetery to such statutes, policies,
and regulations.
(2) The system employed to fully account for and accurately
identify the remains interred or inurned in the 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 Secretaries of the military departments over the military
cemeteries under their jurisdiction and the adequacy of
corrective actions taken as a result of that oversight.
(5) The statutory and policy guidance governing the
authorization for the Secretaries of the military departments
to operate the military cemeteries and an assessment of the
budget and appropriations structure and history of each
military cemetery.
(6) Such other matters as the Inspector General of the
Department of Defense considers to be appropriate.
(c) Special Considerations.--The inspection under subsection (a) of
the cemetery at the Armed Forces Retirement Home-Washington shall focus
primarily on--
(1) the assessment required by subsection (b)(5); and
(2) whether the Secretary of the Army has fully and
completely addressed issues raised by, and the recommendations
made with regard to, such cemetery in the Inspector General of
the Department of Defense 2010 report of the Special Inspection
of Arlington National Cemetery.
(d) Inspection of Additional Cemeteries.--
(1) Inspection required.--In addition to the inspection
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
(f).
(e) Submission of Inspection Results and Corrective Action Plans.--
(1) Military cemetery inspections.--Not later than March
31, 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 Inspector General of
the Department of Defense 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 (d) 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.
(f) Military Cemetery Defined.--In subsection (a), the term
``military cemetery'' means the cemeteries that are under the
jurisdiction of a Secretary of a military department at each of the
following locations:
(1) The Armed Forces Retirement Home-Washington.
(2) The United States Military Academy.
(3) The United States Naval Academy.
(4) The United States Air Force Academy.
Subtitle G--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 operation and 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 and
be responsible for the operation 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) Fixing Fees.--Subsection (c) of section 1514 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 414) is amended--
(1) in paragraph (3), by striking the last sentence; and
(2) by adding at the end the following new paragraph:
``(4) Until different fees are prescribed and take effect under
this subsection and subject to any fee adjustment that the Secretary of
Defense determines appropriate, the percentages and limitations on
maximum monthly amount that are applicable to fees charged to residents
for months beginning after December 31, 2011, are as follows:
``(A) For independent living residents, 35 percent of total
current income, but not to exceed $1,238 each month.
``(B) For assisted living residents, 40 percent of total
current income, but not to exceed $1,856 each month.
``(C) For long-term care residents, 65 percent of total
current income, but not to exceed $3,094 each month.''.
(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, relating to transitional provisions for
the Armed Forces Retirement Home Board and the Directors and Deputy
Directors of the facilities of the Armed Forces Retirement Home, is
repealed.
(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, u.s.c..--
(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. is amended to
read as follows:
``SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.''.
(2) Section 1513.--The heading of section 1513 of such Act
is amended to read as follows:
``SEC. 1513. SERVICES PROVIDED TO RESIDENTS.''.
(3) Section 1513a.--The heading of section 1513A of such
Act 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
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
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 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 H--Military Family Readiness Matters
SEC. 571. REVISION TO MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY
FAMILY READINESS COUNCIL.
Section 1781a(b) 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. 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. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE
MEMBERS OF THE ARMED FORCES.
(a) Child Custody Protection.--Title II of the Servicemembers Civil
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end
the following new section:
``SEC. 208. CHILD CUSTODY PROTECTION.
``(a) Restriction on Temporary Custody Order.--If a court renders a
temporary order for custodial responsibility for a child based solely
on a deployment or anticipated deployment of a parent who is
servicemember, then the court shall require that upon the return of the
servicemember from deployment, the custody order that was in effect
immediately preceding the temporary order shall be reinstated, unless
the court finds that such a reinstatement is not in the best interest
of the child, except that any such finding shall be subject to
subsection (b).
``(b) Exclusion of Military Service From Determination of Child's
Best Interest.--If a motion or a petition is filed seeking a permanent
order to modify the custody of the child of a servicemember, no court
may consider the absence of the servicemember by reason of deployment,
or the possibility of deployment, in determining the best interest of
the child.
``(c) No Federal Right of Action.--Nothing in this section shall
create a Federal right of action.
``(d) Preemption.--Preemption- In any case where State law
applicable to a child custody proceeding involving a temporary order as
contemplated in this section provides a higher standard of protection
to the rights of the parent who is a deploying servicemember than the
rights provided under this section with respect to such temporary
order, the appropriate court shall apply the higher State standard.
``(e) Deployment Defined.--In this section, the term `deployment'
means the movement or mobilization of a servicemember to a location for
a period of longer than 60 days and not longer than 18 months pursuant
to temporary or permanent official orders--
``(1) that are designated as unaccompanied;
``(2) for which dependent travel is not authorized; or
``(3) that otherwise do not permit the movement of family
members to that location.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to title
II the following new item:
``208. Child custody protection.''.
SEC. 574. CENTER FOR MILITARY FAMILY AND COMMUNITY OUTREACH.
(a) Center Authorized.--The Secretary of the Army may establish a
Center for Military Family and Community Outreach to help increase the
number (and enhance the competencies) of social workers and mental
health service providers who--
(1) are familiar with the special demands of active duty on
members of the Armed Forces and their families; and
(2) can adapt prevention and intervention methods to times
of war and the needs of military families.
(b) Method of Establishment; Merit-based or Competitive
Decisions.--(1) Under such criteria as the Secretary of the Army may
establish, the Secretary may award grants to, or enter into contracts
and cooperative agreements with, an historically black university in
close proximity to an Army installation for the purpose of planning,
developing, managing, and implementing the Center for Military Family
and Community Outreach.
(2) A decision to commit, obligate, or expend funds referred to in
subsection (f) with or to a specific entity shall--
(A) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(B) comply with other applicable provisions of law.
(c) Use of Assistance.--Assistance provided under this section
shall be used--
(1) to establish the Center for Military Family and
Community Outreach as described in subsection (b);
(2) to train social work students, social work faculty
members, and social workers to understand the complex features
of military life and enhance their competencies in developing
and providing services to military families; and
(3) for such related activities and expenses as the
Secretary of the Army may authorize.
(d) Training Component.--Training provided through the Center for
Military Family and Community Outreach shall focus on--
(1) mental health well-being;
(2) independence;
(3) resources; and
(4) social well being for military families.
(e) Research and Education.--Research findings shall be
disseminated through publications, workshops, and professional
conferences. The Center for Military Family and Community Outreach
shall hold annually a minimum of five half-day conferences and 20
workshops for social workers, faculty, and students. The Center shall
host at least two State-wide or regional conferences (one for military
families and one for professionals) concerning military culture,
resources and prevention activities regarding grief, loss, divorce,
domestic violence, sexual harassment, suicide, substance abuse, marital
discord, financial, PTSD, and separation issues for families, children,
and adolescents.
(f) Additional, Discretionary Budget Authority.--Of the amounts
authorized to be appropriated by section 301 for operation and
maintenance for the Army, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $1,000,000 to carry out this section in furtherance of
national security objectives.
SEC. 575. MENTAL HEALTH SUPPORT FOR MILITARY PERSONNEL AND FAMILIES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $5,960,400,000 for
operation and maintenance, Marine Corps. Of the amounts authorized to
be appropriated by section 301, as specified in the corresponding
funding table in division D, the Secretary of the Navy shall obligate
an additional $3,000,000 for a collaborative program that responds to
escalating suicide rates and combat stress related arrests of military
personnel, and trains active duty military personnel to recognize and
respond to combat stress disorder, suicide risk, substance addiction,
risk-taking behaviors and family violence, in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 576. REPORT ON DEPARTMENT OF DEFENSE AUTISM PILOT 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 any pilot projects
that the Department of Defense is conducting on autism services.
(b) Matters Covered.--At a minimum, the report under subsection (a)
shall include a comprehensive evaluation of consumption patterns of
autism treatment services, including intensity and volumes of use
across specific diagnoses, age groups, and treatment services.
SEC. 577. SENSE OF CONGRESS REGARDING FINANCIAL COUNSELING FOR MILITARY
FAMILIES.
It is the sense of Congress that the Secretary of Defense should
work with the Consumer Financial Protection Bureau to ensure
coordination with the Office of Service Member Affairs to provide
financial counseling for members of the Armed Forces and their
families.
SEC. 578. 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''.
Subtitle I--Improved Sexual Assault Prevention and Response in the
Armed Forces
SEC. 581. 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. 582. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT
VICTIM ADVOCATES.
(a) Assignment and Training.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1568. Sexual assault prevention and response: Sexual Assault
Response Coordinators and Victim Advocates
``(a) Assignment of Coordinators.--(1) 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) Effective 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) 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) Effective 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) 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) 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) A decision to commit, obligate, or expend funds with or to a
specific entity to assist with the development or implementation of the
program shall--
``(A) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of this title or on competitive procedures; and
``(B) comply with other applicable provisions of law.
``(4) Effective 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).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1568. Sexual assault prevention and response: Sexual Assault Response
Coordinators and Victim Advocates.''.
SEC. 583. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL COUNSEL AND SERVICES
OF SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL
ASSAULT VICTIM ADVOCATES.
(a) Access.--Chapter 53 of title 10, United States Code, is amended
by inserting after section 1044d the following new section:
``Sec. 1044e. 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) Members.--A member of the armed forces or a dependent
of a member of the armed forces who is the victim of a sexual
assault is entitled to--
``(A) legal assistance provided by a military legal
assistance counsel certified as competent to provide
such assistance;
``(B) assistance provided by a qualified Sexual
Assault Response Coordinator; and
``(C) assistance provided by a qualified Sexual
Assault Victim Advocate.
``(2) Dependents.--To the extent practicable, the Secretary
of a military department shall make the assistance described in
paragraph (1) available to dependent of a member of the armed
forces who is the victim of a sexual assault and resides on or
in the vicinity of a military installation. The Secretary
concerned shall define the term `vicinity' for purposes of this
paragraph.
``(3) Notice of availability of assistance; opt out.--The
member or dependent shall be informed of the availability of
assistance under this subsection as soon as the member or
dependent seeks assistance from a Sexual Assault Response
Coordinator or any other responsible member of the armed forces
or Department of Defense civilian employee. The victim shall
also be informed that the legal assistance and services of a
Sexual Assault Response Coordinator and Sexual Assault Victim
Advocate are optional and these services may be declined, in
whole or in part, at any time.
``(4) Nature of reporting immaterial.--In the case of a
member of the armed forces, access to legal assistance and the
services of Sexual Assault Response Coordinators and Sexual
Assault Victim Advocates are available regardless of whether
the member elects unrestricted or restricted (confidential)
reporting of the sexual assault.
``(b) Restricted Reporting Option.--
``(1) Availability of restricted reporting.--A member of
the armed forces who is the victim of a sexual assault may
confidentially disclose the details of the assault to an
individual specified in paragraph (2) and receive medical
treatment, legal assistance, or counseling, without triggering
an official investigation of the allegations.
``(2) Persons covered by restricted reporting.--Individuals
covered by paragraph (1) are the following:
``(A) Military legal assistance counsel.
``(B) Sexual Assault Response Coordinator.
``(C) Sexual Assault Victim Advocate.
``(D) Personnel staffing the DOD Safe Helpline or
successor operation.
``(E) Healthcare personnel.
``(F) Chaplain.
``(c) Definitions.--In this section:
``(1) The term `sexual assault' includes any of the
offenses covered by section 920 of this title (article 120).
``(2) The term `military legal assistance counsel' means a
judge advocate who--
``(A) is a graduate of an accredited law school or
is a member of the bar of a Federal court or of the
highest court of a State; and
``(B) is certified as competent to provide legal
assistance by the Judge Advocate General of the armed
force of which the judge advocate is a member.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1044d the following new item:
``1044e. Victims of sexual assault: access to legal assistance and
services of Sexual Assault Response
Coordinators and Sexual Assault Victim
Advocates.''.
(c) Conforming Amendment Regarding Provision of Legal Counsel.--
Section 1044(d)(3)(B) of such title is amended by striking ``sections
1044a, 1044b, 1044c, and 1044d'' and inserting ``sections 1044a through
1044e''.
SEC. 584. PRIVILEGE IN CASES ARISING UNDER UNIFORM CODE OF MILITARY
JUSTICE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN
SEXUAL ASSAULT VICTIMS AND SEXUAL ASSAULT RESPONSE
COORDINATORS, VICTIM ADVOCATES, AND CERTAIN OTHER
PERSONS.
(a) Privilege Established.--
(1) In general.--Subchapter XI of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by adding at the end the following new section:
``Sec. 940a. Art. 140a. Privilege against disclosure of certain
communications with Sexual Assault Response Coordinators,
Victim Advocates, and certain other persons
``(a) Privilege Against Disclosure.--Communications between a
person who is the victim of a sexual assault or other offense covered
by section 920 of this title (article 120) and a person specified in
subsection (b) and the records relating to such communications are not
subject to discovery and may not be admitted into evidence in any case
arising under this chapter.
``(b) Persons Covered by Privilege.--The privilege granted by
subsection (a) applies to--
``(1) a Sexual Assault Response Coordinator;
``(2) a Sexual Assault Victim Advocate; and
``(3) personnel staffing the DOD Safe Helpline or successor
operation.
``(c) Consent Exception.--The victim of a sexual assault may
consent to the disclosure of any communication or record referred to in
subsection (a) regarding the victim.
``(d) Relation to Other Privileges Against Disclosure.--The
privilege granted by subsection (a) in cases arising under this chapter
is in addition to any other privilege against disclosure that may exist
with regard to communications between a victim of a sexual assault and
another person.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1034a the following new item:
``940a. Art. 140a. Privilege against disclosure of certain
communications with Sexual Assault Victim
Advocates, Victim Advocates, and certain
other persons.''.
(b) Applicability.--Section 940a of title 10, United States Code,
as added by subsection (a), applies to communications and records
described in such section whether made before, on, or after the date of
the enactment of this Act.
SEC. 585. MAINTENANCE OF RECORDS PREPARED IN CONNECTION WITH SEXUAL
ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES OR
DEPENDENTS OF MEMBERS.
(a) Maintenance and Confidentiality of Sexual Assault Records.--
(1) In general.--Chapter 50 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 993. Maintenance of medical, investigative, and other records
prepared in connection with sexual assaults
``(a) Maintenance of Records.--The Secretary of Defense shall
maintain for not less than 100 years the records described in
subsection (b) that are prepared by personnel of the Department of
Defense in connection with a sexual assault involving a member of the
armed forces or a dependent of a member to ensure future access to the
records.
``(b) Covered Records.--The recordkeeping requirement imposed by
subsection (a) applies to the following:
``(1) Department of Defense Form 2910, regarding the victim
reporting preference statement, or any successor document.
``(2) Department of Defense Form 2911, regarding the
forensic medical report prepared in the case of a sexual
assault examination, or any successor document.
``(3) Medical records.
``(4) Investigative reports prepared in connection with a
sexual assault.
``(5) Such other information and reports as the Secretary
of Defense considers appropriate.
``(c) Victim Access.--The Secretary of Defense shall ensure that
the victim of the sexual assault for which the records described in
subsection (b) are prepared has permanent access to the records.
``(d) Protection of Restricted Reporting Option.--The Secretary of
Defense shall ensure that any recordkeeping system used to maintain
records described in subsection (b) does not jeopardize the
confidentiality of the restricted reporting option available to a
victim of a sexual assault.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``993. Maintenance of medical, investigative, and other records
prepared in connection with sexual
assaults.''.
(b) Copy of Record 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 the prepared record of the proceedings of the
court-martial shall be given to the victim of the offence if the victim
testified during the proceedings. The record of the proceedings shall
be provided without charge and as soon as the record is authenticated.
The victim shall be notified of the opportunity to receive the record
of the proceedings.''.
SEC. 586. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR
CONSIDERATION OF A PERMANENT CHANGE OF STATION OR UNIT
TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF
SEXUAL ASSAULT.
(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
``(a) Expedited Consideration and Priority for Approval.--To the
maximum extent practicable, the Secretary concerned shall provide for
the expedited consideration and approval of an application for
consideration of a permanent change of station or unit transfer
submitted by a member of the armed forces serving on active duty who
was a victim of a sexual assault or other offense covered by section
920 of this title (article 120) so as to reduce the possibility of
retaliation against the member for reporting the sexual assault.
``(b) Regulations.--The Secretaries of the military departments
shall issue regulations to carry out this section, within guidelines
provided by the Secretary of Defense.''.
(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.''.
SEC. 587. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION
AND RESPONSE PROGRAM.
Subtitle A of title XVI 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 at the end the following new section:
``SEC. 1615. IMPROVED TRAINING AND EDUCATION PROGRAMS.
``(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.
``(d) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds with or to a specific entity to assist with
the development or implementation of sexual assault prevention and
response training and education under this section shall--
``(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of this title or on competitive procedures; and
``(2) comply with other applicable provisions of law.''.
Subtitle J--Other Matters
SEC. 591. AUTHORITY TO PROVIDE SUPPORT AND SERVICES FOR CERTAIN
ORGANIZATIONS AND ACTIVITIES OUTSIDE DEPARTMENT OF
DEFENSE.
Section 2012 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k) Limitation on Annual Obligation of Funds.--Not more than
$20,000,000 may be obligated during fiscal year 2012 or any fiscal year
thereafter to provide support and services to non-Department of Defense
organizations and activities under this section.''.
SEC. 592. DISPLAY OF STATE, DISTRICT OF COLUMBIA, AND TERRITORIAL FLAGS
BY ARMED FORCES.
(a) Display Required.--Section 2249b of title 10, United States
Code, is amended--by adding at the end the following new subsection:
``(c) Display of District of Columbia and Territorial Flags by
Armed Forces.--The Secretary of Defense shall ensure that whenever the
official flags of all 50 States are displayed by the armed forces, such
display shall include the flags of the District of Columbia,
Commonwealth of Puerto Rico, United States Virgin Islands, Guam,
American Samoa, and Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended by striking the colon and all that follows.
(2) Table of sections.--The table of sections at the
beginning of chapter 134 of such title is amended by striking
the item relating to section 2249b and inserting the following
new item:
``2249b. Display of State flags.''.
SEC. 593. 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.--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.
``(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. 594. WOUNDED WARRIOR CAREERS PROGRAM.
(a) Establishment of Program.--During fiscal years 2012 through
2016, the Secretary of Defense shall carry out a career-development
services program with the Education and Employment Initiative for
severely wounded warriors of the Armed Forces, and their spouses, if
appropriate.
(b) Elements of Program.--The program shall include at a minimum
the following:
(1) Exploring career options.
(2) Obtaining education, skill, aptitude, and interest
assessments.
(3) Developing veteran-centered career plans.
(4) Preparing resumes and education/training applications.
(5) Acquiring additional education and training, including
internships and mentorship programs.
(6) Engaging with prospective employers and educators when
appropriate.
(7) Entering into various kinds of occupations (whether
full-time, part-time, paid, or volunteer, or self-employment as
entrepreneurs or otherwise).
(8) Advancing in jobs and careers after initial employment.
(9) Identifying and resolving obstacles through
coordination with the military departments, other departments
and agencies of the Federal Government, State and local
governments, and other appropriate service and benefits
providers.
(c) Placement Requirement.--Services under the program shall be co-
located at the largest geographic concentrations of wounded warriors in
accordance with the Education and Employment Initiative's goal of
establishing as many as 20 locations that can support transitioning
wounded warriors seeking post-service education and employment.
(d) Cost-benefit Analysis.--No later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees plans for a cost-benefit analysis
of the results of the services provided to substantiate effective
practices.
(e) Information Sharing.--Lessons learned, including relevant data
and best practices derived from the program, shall be shared with
relevant Federal agencies that also provide transition services and
support to disabled veterans or wounded warriors.
(f) New Budget Item Relating to the Program.--
(1) Additional discretionary budgetary authority.--In the
budget submitted to Congress under section 1105 of title 31,
United States Code, for fiscal year 2012, the President
requested $2,201,964,000 for Defense-wide Operation and
Maintenance Administrative and Service-wide Activities. Of the
amounts authorized to be appropriated by section 301, as
specified in the corresponding funding table in division D, the
Secretary of Defense shall obligate an additional $1,000,000
for the program under this section in furtherance of national
security objectives.
(2) Merit-based or competitive decisions.--Notwithstanding
subsection (a), a decision to commit, obligate, or expend funds
referred to in the second sentence of paragraph (1) with or to
a specific entity shall--
(A) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(B) comply with other applicable provisions of law.
SEC. 595. 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 criticality 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 registration and maintain 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 March 31, 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. 596. SENSE OF CONGRESS REGARDING PLAYING OF BUGLE CALL COMMONLY
KNOWN AS ``TAPS'' AT MILITARY FUNERALS, MEMORIAL
SERVICES, AND WREATH LAYING CEREMONIES.
(a) Findings.--Congress makes the following findings:
(1) The bugle call commonly known as ``Taps'' is known
throughout the United States as part of the military honors
accorded at funerals, memorial services, and wreath ceremonies
held for members of the uniformed services and veterans.
(2) In July 1862, following the Seven Days Battles, Union
General Daniel Butterfield and bugler Oliver Willcox Norton
created ``Taps'' at Berkley Plantation, Virginia, as a way to
signal the end of daily military activities.
(3) ``Taps'' is now established by the uniformed services
as the last call of the day and is sounded at the completion of
a military funeral.
(4) ``Taps'' has become the signature, solemn musical
farewell for members of the uniformed services and veterans who
have faithfully served the United States during times of war
and peace.
(5) Over its almost 150 years of use, ``Taps'' has been
woven into the historical fabric of the United States.
(6) When sounded, ``Taps'' summons emotions of loss, pride,
honor, and respect and encourages Americans to remember
patriots who served the United States with honor and valor.
(7) The 150th anniversary of the writing of ``Taps'' will
be observed with events culminating in June 2012 with a
rededication of the Taps Monument at Berkley Plantation,
Virginia.
(b) Sense of Congress.--It is the sense of Congress that at a
military funeral, memorial service, or wreath laying, the bugle call
commonly known as ``Taps'', consisting of 24 notes sounded on a bugle
or trumpet, should be sounded by a live solo bugler or trumpeter when
such arrangements are possible.
SEC. 597. SENSE OF CONGRESS REGARDING SUPPORT FOR YELLOW RIBBON DAY.
(a) Findings.--Congress makes the following findings:
(1) The hopes and prayers of the American people for the
safe return of members of the Armed Forces serving overseas are
demonstrated through the proud display of yellow ribbons.
(2) The designation of a ``Yellow Ribbon Day'' would serve
as an additional reminder for all Americans of the continued
sacrifice of members of the Armed Forces.
(3) Yellow Ribbon Day would also recognize the history and
meaning of the Yellow Ribbon as the symbol of support for
members of the Armed Forces.
(4) Yellow Ribbon Day would also signify a tribute and
remembrance to all Prisoners of War and a fervent hope for the
safe return and full accounting of all members of the Armed
Forces who are Missing in Action.
(5) April 9th would be an appropriate day to designate as
Yellow Ribbon Day as it was on April 9, 2004, that Staff
Sergeant Matt Maupin became the first Prisoner of War of
Operation Iraqi Freedom.
(b) Sense of Congress.--Congress supports the goals and ideals of
Yellow Ribbon Day in honor of members of the Armed Forces who are
serving overseas apart from their families and loved ones.
SEC. 598. POSTAL BENEFITS PROGRAM.
(a) Short Title.--This section may be cited as the ``Supply Our
Soldiers Act of 2011''.
(b) Postal Benefits Program for Members of the Armed Forces.--
(1) In general.--The Secretary of Defense, in consultation
with the United States Postal Service, shall provide for a
program under which postal benefits shall be provided to
qualified individuals in accordance with succeeding provisions
of this section.
(2) Qualified individual.--For purposes of this section,
the term ``qualified individual'' means an individual who is--
(A) a member of the Armed Forces of the United
States on active duty (as defined in section 101 of
title 10, United States Code); and
(B)(i) serving in Iraq or Afghanistan; or
(ii) hospitalized at a facility under the
jurisdiction of the Armed Forces of the United States
as a result of a disease or injury incurred as a result
of service in Iraq or Afghanistan.
(3) Postal benefits described.--
(A) In general.--The postal benefits provided under
this section shall consist of such coupons or other
similar evidence of credit (whether in printed,
electronic, or other format, and hereinafter in this
section referred to as ``vouchers'') as the Secretary
of Defense (in consultation with the Postal Service)
shall determine, entitling the bearer or user to make
qualified mailings free of postage.
(B) Qualified mailing.--For purposes of this
section, the term ``qualified mailing'' means the
mailing of a single mail piece which--
(i) is described in clause (i) or (ii) of
subparagraph (C);
(ii) is sent from within an area served by
a United States post office; and
(iii) is addressed to a qualified
individual.
(C) Mail described.--Mail described in this
subparagraph is--
(i) any first-class mail (including any
sound- or video-recorded communication) not
exceeding 13 ounces in weight and having the
character of personal correspondence; and
(ii) parcel post not exceeding 15 pounds in
weight.
(D) Limitations.--
(i) Number.--An individual shall be
eligible for one voucher for each two-month
period in which such individual is a qualified
individual.
(ii) Use.--Any such voucher may not be
used--
(I) for more than a single
qualified mailing; or
(II) after the expiration date of
such voucher, as designated by the
Secretary of Defense.
(E) Coordination rule.--Postal benefits under this
section shall be in addition to, and not in lieu of,
any reduced rates of postage or other similar benefits
which might otherwise be available by or under law,
including any rates of postage resulting from the
application of section 3401(b) of title 39, United
States Code.
(4) Regulations.--Not later than 30 days after the date of
the enactment of this section, the Secretary of Defense (in
consultation with the Postal Service) shall prescribe any
regulations necessary to carry out this section, including--
(A) procedures by which vouchers will be provided
or made available in timely manner to persons duly
identified by qualified individuals to receive those
vouchers; and
(B) procedures to ensure that the number of
vouchers provided or made available with respect to any
qualified individual complies with paragraph (3)(D)(i).
(c) Funding.--
(1) Funding increase and offsetting reduction.--
Notwithstanding the amounts set forth in the funding tables in
division D, to carry out this section during fiscal year 2012--
(A) the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-
wide, as specified in the corresponding funding table
in division D, is hereby increased by $12,000,000, with
the amount of the increase allocated to the Office of
the Secretary of Defense, as set forth in the table
under section 4301, to carry out this section; and
(B) the amount authorized to be appropriated in
section 101 for other procurement, Army, as specified
in the corresponding funding table of division D, is
hereby reduced by $12,000,000 with the amount of the
reduction to be derived from the Joint Tactical Radio
System, Ground Mobile Radio Program under Line 039
Joint Tactical Radio System as set forth in the table
under section 4101.
(2) Transfers to postal service.--
(A) Based on estimates.--The Department of Defense
shall transfer to the Postal Service, out of any amount
so appropriated and in advance of each calendar quarter
for fiscal year 2012 beginning on or after January 1,
2012, and during which postal benefits under this
section may be used, an amount equal to the amount of
postal benefits that the Department of Defense
estimates will be used during such quarter, reduced or
increased (as the case may be) by any amounts by which
the Department finds that a determination under this
subsection for a prior quarter was greater than or less
than the amount finally determined for such quarter.
(B) Based on final determination.--A final
determination of the amount necessary to correct any
previous determination under this subsection, and any
transfer of amounts between the Postal Service and the
Department of Defense based on that final
determination, shall be made not later than six months
after the end of fiscal year 2012.
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of postal
benefits under this section used in any period shall be made by
the Department of Defense in consultation with the Postal
Service.
(d) Duration.--The postal benefits under this section shall apply
with respect to mail matter sent during the period beginning on October
1, 2011, and ending on September 30, 2012.
SEC. 599A. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND IMAGES OF
MEMBERS OF THE ARMED FORCES.
(a) Prohibition.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 988. Unauthorized use of names and images of members of the
armed forces
``(a) Prohibition.--Except with the permission of the individual or
individuals designated under subsection (d), no person may knowingly
use the name or image of a protected individual in connection with any
merchandise, retail product, impersonation, solicitation, or commercial
activity in a manner reasonably calculated to connect the protected
individual with that individual's service in the armed forces.
``(b) Authority to Enjoin Violations.--Whenever it appears to the
Attorney General that any person is engaged or is about to engage in an
act or practice which constitutes or will constitute conduct prohibited
by subsection (a), the Attorney General may initiate a civil proceeding
in a district court of the United States to enjoin such act or
practice. Such court shall proceed as soon as practicable to the
hearing and determination of such action and may, at any time before
final determination, enter such restraining orders or prohibitions, or
take such other actions as is warranted, to prevent injury to the
United States or to any person or class of persons for whose protection
the action is brought.
``(c) Protected Individual.--For purposes of this section, a
protected individual is any person who--
``(1) is a member of the armed forces; or
``(2) was a member of the armed forces at any time after
April 5, 1917, and, if not living, has a surviving spouse,
child, parent, grandparent, or sibling.
``(d) Designated Individual or Individuals.--(1) The individual or
individuals designated under this subsection, with respect to a
protected individual--
``(A) is the protected individual, if living; and
``(B) otherwise is the living survivor or survivors of the
protected individual highest on the following list:
``(i) The surviving spouse.
``(ii) The children.
``(iii) The parents.
``(iv) The grandparents.
``(v) The siblings.
``(2) In the case of a protected individual for whom more than one
individual is designated under clause (ii), (iii), (iv), or (v) of
paragraph (1)(B), the prohibition under subsection (a) shall apply
unless permission is obtained from each designated individual.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``988. Unauthorized use of names and images of members of the armed
forces.''.
SEC. 599B. 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 records of each Jewish American
World War I veteran described in subsection (b) to determine whether
that veteran should be posthumously awarded the Medal of Honor.
(b) Covered Jewish American War Veterans.--The Jewish American
World War I veterans whose service records are to be reviewed under
subsection (a) are the following:
(1) Any Jewish American World War I veteran who was
previously awarded the Distinguished Service Cross, the Navy
Cross, or other military decoration for service during World
War I.
(2) Any other Jewish American World War I veteran whose
name is submitted to the Secretary concerned for such purpose
by the Jewish War Veterans of the United States of America
before the end of the one-year period beginning on the date of
the enactment of this Act.
(c) Consultations.--In carrying out the review under subsection
(a), the Secretary concerned shall consult with the Jewish War Veterans
of the United States of America and with such other veterans service
organizations as the Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary concerned
determines, based upon the review under subsection (a) of the service
records of any Jewish American World War I veteran, that the award of
the Medal of Honor to that veteran is warranted, the Secretary shall
submit to the President a recommendation that the President award the
Medal of Honor posthumously to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor may be
awarded posthumously to a Jewish American World War I veteran in
accordance with a recommendation of the Secretary concerned under
subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross, Navy Cross, or
other military decoration has been awarded.
(g) Definitions.--In this section:
(1) The term ``Jewish American World War I veteran'' means
any person who served in the Armed Forces during World War I
and identified himself or herself as Jewish on his or her
military personnel records.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, in the case of the
Army; and
(B) the Secretary of the Navy, in the case of the
Navy and the Marine Corps.
(3) The term ``World War I'' means the period beginning on
April 6, 1917, and ending on November 11, 1918.
SEC. 599C. LIMITATION ON MILITARY MUSICAL UNITS.
Amounts appropriated pursuant to the authorization of
appropriations in this Act for military musical units (as defined in
section 974 of title 10, United States Code) may not exceed
$200,000,000.
SEC. 599D. 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.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2012 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2012 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2012, the rates
of monthly basic pay for members of the uniformed services are
increased by 1.6 percent.
SEC. 602. RESUMPTION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
RATES OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN
CIRCUMSTANCES.
Effective October 1, 2011, section 403(b)(7)(E) of title 37, United
States Code, is amended by striking ``December 31, 2009'' and inserting
``December 31, 2012''.
SEC. 603. 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. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
REFERRAL BONUSES.
The following sections of title 10, United States Code, are amended
by striking ``December 31, 2011'' and inserting ``December 31, 2012'':
(1) Section 1030(i), relating to health professions
referral bonus.
(2) Section 3252(h), relating to Army referral bonus.
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''.
SEC. 622. MANDATORY PROVISION OF TRAVEL AND TRANSPORTATION ALLOWANCES
FOR NON-MEDICAL ATTENDANTS FOR SERIOUSLY ILL AND WOUNDED
MEMBERS OF THE ARMED FORCES.
Section 411k of title 37, United States Code, is amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall''; and
(2) in subsection (d)(3), by striking ``may'' and inserting
``shall''.
SEC. 623. INCLUSION OF MEMBERS OF THE ARMED FORCES ASSIGNED TO EGYPT
MULTI-NATIONAL FORCE AND OBSERVERS MISSION IN UNITED
STATES CENTRAL COMMAND REST AND RECUPERATION ABSENCE
PROGRAM.
(a) Inclusion of MNFOM Members.--Subsection (b) of section 705a of
title 10, United States Code, as added by section 532 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4216), is amended to read as follows:
``(b) Eligible Members.--Subject to such other criteria as the
Secretary of Defense may prescribe in the regulations required by
subsection (a), the following members of the armed forces are eligible
for selection to receive the benefits described in subsection (c):
``(1) A member who is assigned or deployed for at least 270
days in an area or location--
``(A) that is designated by the President as a
combat zone; and
``(B) in which hardship duty pay is authorized to
be paid under section 305 of title 37.
``(2) A member who is assigned to duty for at least 270
days as a participant in the Egypt Multi-National Force and
Observers Mission.''.
(b) Funding Source.--Notwithstanding the amounts set forth in the
funding table in section 4501, the Secretary of Defense may transfer up
to $4,000,000 from the Mission Force Enhancement Transfer Fund
established by section 1433 to another account of the Department of
Defense to mitigate unfunded requirements for fiscal year 2012 incurred
as a result of the amendment made by subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for other procurement, Army, as specified in the
corresponding funding table in division D, is hereby reduced by
$5,000,000, with the amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under Line 039 Joint
Tactical Radio System as set forth in the table under section 4101.
Subtitle D--Consolidation and Reform of Travel and Transportation
Authorities
SEC. 631. PURPOSE.
It is the purpose of this subtitle to establish 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 subtitle and the 10-year transition period
provided by section 636 provide the Secretary of Defense and the
Secretaries concerned (as defined in section 101(5) of title 37, United
States Code) with the authority to prescribe and implement travel and
transportation policy that is simple, efficient, relevant, and flexible
and that meets mission needs and the needs of members of the uniformed
services.
SEC. 632. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION
AUTHORITIES OF THE UNIFORMED SERVICES.
Title 37, United States Code, is amended by inserting after chapter
7 the following new chapter:
``CHAPTER 8--TRAVEL AND TRANSPORTATION ALLOWANCES
``subchapter i--travel and transportation--new law
``Sec.
``451. Definitions.
``452. Allowable travel and transportation: general authorities.
``453. Allowable travel and transportation: specific authorities.
``454. Travel and transportation pilot programs.
``subchapter ii--administrative provisions
``Sec.
``461. Relationship to other travel and transportation authorities.
``462. Travel and transportation expenses paid to members that are
unauthorized or in excess of authorized
amounts: requirement for repayment.
``463. Regulations.
``SUBCHAPTER I--TRAVEL AND TRANSPORTATION--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 other person whose employment or service
is considered directly related to a Government official
activity or function under regulations prescribed
section 463 of this title.
``(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.
``(F) Any person not covered by subparagraphs (A)
through (E) who is in a category specified in
regulations under section 463 of this title as having
an association, connection, or affiliation with a
member of the uniformed services or the family of such
a member.
``(G) Any person not covered by subparagraphs (A)
through (F) who is determined by the administering
Secretary under regulations prescribed under section
463 of this title as warranting the status of being a
family member for purposes of a particular travel
incident.
``(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 a 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 the traveler.
``(6) The term `miscellaneous expenses' mean authorized
expenses incurred in addition to authorized allowances during
the performance of official travel.
``(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 item that
would not otherwise be prohibited by any other provision or
law, or regulation prescribed under section 463 of this title.
``(8) The term `relocation allowances' means the costs
associated with relocating a member of the uniformed services
or other authorized traveler 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 or other authorized traveler 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.
``(10) The term `per diem' means an amount established as a
daily rate that is paid to an authorized traveler to cover
lodging, meals, and other related travel expenses pursuant to
regulations.
``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--
``(1) shall be provided transportation-, lodging, or meals-
in-kind, or actual and necessary travel and transportation
expenses for, or in connection with, official travel; or
``(2) may be provided transportation and travel allowances
under other circumstances as specified in regulations
prescribed under section 463 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 463 of this title:
``(1) Temporary duty that requires en route 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 en route
travel between an old and new temporary or permanent duty
assignment location or other authorized location.
``(3) Temporary duty or assignment relocation related to a
consecutive overseas tour or in-place-consecutive overseas
tour.
``(4) Recruiting duties for the armed forces.
``(5) Assignment or detail to another Government agency or
department.
``(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) Missing status, as determined by the Secretary
concerned under chapter 10 of this title.
``(13) 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 allowance 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.--A member of a uniformed service or other authorized
person whose travel and transportation order or authorization is
canceled, revoked, or modified may be allowed actual and necessary
expenses or travel and transportation allowances.
``(f) Advance Payments.--A member of the uniformed services or
other authorized person 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 expenses and transportation expenses
under this subchapter in accordance with this section:
``(b) Authorized Absence From Temporary Duty Location.--A member of
a uniformed service or other authorized traveler may be allowed travel
expenses and transportation allowances 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 or other authorized
person may be allowed moving expenses and transportation
allowances 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 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 463 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 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.--A member of the
uniformed services or other authorized person may be provided travel
and transportation allowances under this section for unusual,
extraordinary, hardship, or emergency circumstances, including under
circumstances warranting evacuation from a permanent duty assignment
location.
``(e) Particular Separation Provisions.--The administering
Secretary may provide travel and transportation in kind for the
following persons in accordance with regulations prescribed under
section 463 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 463 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. Such pilot programs shall
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) Waiver Authority.--Subject to subsection (c), the
administering Secretary may waive any otherwise applicable provision of
law to the extent determined necessary by the Secretary for the
purposes of carrying out a pilot program under subsection (a).
``(c) Limitation.--The authority to carry out a program under
subsection (a) is subject to the availability of appropriated funds.
``SUBCHAPTER II--ADMINISTRATIVE PROVISIONS
``Sec. 461. Relationship to other travel and transportation authorities
``A member of a uniformed service or other authorized traveler may
not be paid travel and transportation allowances or receive travel and
transportation-in-kind, or a combination thereof, under both subchapter
I and subchapter III for Government official travel and transportation
performed under a single or related travel and transportation order or
authorization by the administering Secretary.
``Sec. 462. Travel and transportation expenses 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 to administer this
subchapter shall specify procedures for determining the circumstances
under which a repayment exception 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. 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 be apply as uniformly as
practicable to the uniformed services under the jurisdiction of the
other administering Secretaries.''.
SEC. 633. OLD-LAW TRAVEL AND TRANSPORTATION AUTHORITIES TRANSITION
EXPIRATION DATE AND TRANSFER OF CURRENT SECTIONS.
(a) Creation of Subchapter Iii and Transition Expiration Date.--
Chapter 8 of title 37, United States Code, as added by section 632, is
amended by adding at the end the following new subchapter:
``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 definitions contained in section 401 of
this title apply to this subchapter.
``(b) Other Provisions.--Sections 421 and 423 of this title apply
to this subchapter.''.
(b) 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 section 632, 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 (as amended by section 621 of this Act),
409, 410, 411, 411a through 411k, 428 through 432, 434, and 435
of title 37, United States Code, are transferred (in that
order) to chapter 8 of such title, as added by section 632 and
amended by subsection (a), inserted after section 472, and
redesignated as follows:
Original 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
411g......................................... 481g
411h......................................... 481h
411i......................................... 481i
411j......................................... 481j
411k......................................... 481k
428.......................................... 488
429.......................................... 489
430.......................................... 490
430.......................................... 491
432.......................................... 492
434.......................................... 494
435.......................................... 495
(3) Transfer of section 554.--Section 554 of title 37,
United States Code, is transferred to chapter 8 of such title,
as added by section 632 and amended by subsection (a), inserted
after section 481k (as transferred and redesignated by
paragraph (2)), and redesignated as section 484.
SEC. 634. ADDITION OF SUNSET PROVISION TO OLD-LAW TRAVEL AND
TRANSPORTATION AUTHORITIES.
Provisions of subchapter III of chapter 8 of title 37, United
States Code, as transferred and redesignated by section 633(b), are
amended as follows:
(1) Section 474 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.''.
(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) Termination.--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) Termination.--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 476b 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.''.
(8) 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.''.
(9) 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.''.
(10) Section 478 is amended by adding at the end the
following new subsection:
``(c) Termination.--No travel and transportation allowance,
payment, or reimbursement may be provided under this section for travel
that begins after the travel authorities transition expiration date.''.
(11) Section 479 is amended by adding at the end the
following new subsection:
``(e) Termination.--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.''.
(12) Section 481 is amended by adding at the end the
following new subsection:
``(e) Termination.--The regulations prescribed under this section
shall cease to be in effect as of the travel authorities transition
expiration date.''.
(13) Section 481a is amended by adding at the end the
following new subsection:
``(c) Termination.--No travel and transportation allowance may be
provided under this section for travel that is authorized after the
travel authorities transition expiration date.''.
(14) Section 481b is amended by adding at the end the
following new subsection:
``(h) Termination.--No travel and transportation allowance may be
provided under this section for travel that is authorized after the
travel authorities transition expiration date.''.
(15) Section 481c is amended by adding at the end the
following new subsection:
``(c) Termination.--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.''.
(16) Section 481d is amended by adding at the end the
following new subsection:
``(d) Termination.--No transportation may be provided under this
section after the travel authorities transition expiration date.''.
(17) Section 481e is amended by adding at the end the
following new subsection:
``(c) 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.''.
(18) 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.''.
(19) 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.''.
(20) 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.''.
(21) 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.''.
(22) Section 481k is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, or reimbursement
may be provided under this section for travel that begins after the
travel authorities transition expiration date.''.
(23) Section 484 is amended by adding at the end the
following new subsection:
``(k) Termination.--No transportation, allowance, or reimbursement
may be provided under this section for a move that begins after the
travel authorities transition expiration date.''.
(24) 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.''.
(25) Section 489 is amended--
(A) by inserting ``(a) Authority.--'' before ``In
addition''; and
(B) 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.''.
(26) 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.''.
(27) Section 492 is amended by adding at the end the
following new subsection:
``(c) Termination.--No transportation or allowance may be provided
under this section for travel that begins after the travel authorities
transition expiration date.''.
(28) 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.''.
(29) 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.''.
SEC. 635. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Chapter Heading.--The heading of chapter 7 of title 37, United
States Code, is amended to read as follows:
``CHAPTER 7--ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION
ALLOWANCES''.
(b) Table of Chapters.--The table of chapters preceding chapter 1
of such title is amended by striking the item relating to chapter 7 and
inserting the following new items:
``7. Allowances Other Than Travel and Transportation 401
Allowances.
``8. Travel and Transportation Allowances................... 451''.
(c) Table of Sections.--
(1) Chapter 7.--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.
(2) Chapter 8.--The table of sections at the beginning of
chapter 8 of such title, as added by section 632, is amended--
(A) by inserting after the item relating to section
454 the following new item:
``455. Appropriations for travel: may not be used for attendance at
certain meetings.''; and
(B) by inserting after the item relating to section
463 the following:
``Subchapter III--Travel and Transportation Authorities--Old Law
``Sec.
``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.
``481g. Travel and transportation allowances: transportation incident
to voluntary extensions of overseas tours
of duty.
``481h. Travel and transportation allowances: transportation of family
members incident to illness or injury of
members.
``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.
``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.''.
(3) Chapter 10.--The table of sections at the beginning of
chapter 10 of such title is amended by striking the item
relating to section 554.
(d) Cross References.--
(1) Defense laws.--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 section 633 is
amended so as to conform the reference to the section number of
the section as so redesignated.
(2) Other laws.--Any reference in a provision of law other
than a section of title 10 or 37, United States Code, to a
section of title 37 that is transferred and redesignated by
section 633 is deemed to refer to the section as so
redesignated.
SEC. 636. 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 632, 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 (as defined in section 101(5) of
title 37, United States Code), in using the authorities under
subchapter III of chapter 8 of title 37, United States Code, as added
by section 633, 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) 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. EXPANSION OF USE OF UNIFORM FUNDING AUTHORITY TO INCLUDE
PERMANENT CHANGE OF STATION AND TEMPORARY DUTY LODGING
PROGRAMS OPERATED THROUGH NONAPPROPRIATED FUND
INSTRUMENTALITIES.
(a) Inclusion of Additional Programs.--Subsection (a) of section
2491 of title 10, United States Code, is amended--
(1) by striking ``Under regulations'' and inserting ``(1)
Under regulations'';
(2) by striking ``morale, welfare, and recreation
programs'' the first place it appears and inserting ``a program
specified in paragraph (2)'';
(3) by striking ``morale, welfare, and recreation
programs'' the second place it appears and inserting ``such
programs''; and
(4) by adding at the end the following new paragraph:
``(2) This section applies with respect to the following:
``(A) Morale, welfare, and recreation programs of the
Department of Defense.
``(B) Permanent change of station and temporary duty
lodging programs conducted as supplemental mission programs of
the Department of Defense.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b), by striking ``morale, welfare, and
recreation program'' and inserting ``program specified in
subsection (a)(2)''; and
(2) in subsection (c)(1), by striking ``morale, welfare,
and recreation programs within the Department of Defense'' and
inserting ``a program specified in subsection (a)(2)''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2491. Uniform funding and management of morale, welfare, and
recreation programs and certain supplemental mission
programs''.
(2) Table of sections.--The table of sections at the
beginning of subchapter III of chapter 147 of such title is
amended by striking the item relating to section 2491 and
inserting the following new item:
``2491. Uniform funding and management of morale, welfare, and
recreation programs and certain
supplemental mission programs.''.
SEC. 642. CONTRACTING AUTHORITY FOR NONAPPROPRIATED FUND
INSTRUMENTALITIES TO PROVIDE AND OBTAIN GOODS AND
SERVICES.
(a) Clarification of Multi-year and Partnership Issues.--Section
2492 of title 10, United States Code, is amended to read as follows:
``Sec. 2492. Nonappropriated fund instrumentalities: contracting
authority to provide and obtain goods and services
``(a) Contract Authority.--An agency or instrumentality of the
Department of Defense that supports the operation of the exchange
system, or the operation of a morale, welfare, and recreation system,
of the Department of Defense may enter into a single-year or multi-year
contract or other agreement to provide or obtain goods and services
beneficial to the efficient management and operation of the exchange
system or that morale, welfare, and recreation system with any of the
following:
``(1) Another element of the Department of Defense.
``(2) Another Federal department, agency, or
instrumentality.
``(3) A private-sector entity.
``(b) Inclusion of Certain Services.--Contracts and other
agreements authorized by subsection (a) may include a contract or
agreement to provide or obtain recreational, educational, family
support, or youth developmental programs and services.
``(c) Partnerships.--Contracts and other agreements authorized by
subsection (a) may include partnerships with private-sector entities
that provide programs and services at no cost to the Government on
military installations using Government facilities and other support
resources.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter III of chapter 147 of such title is amended by striking the
item relating to section 2492 and inserting the following new item:
``2492. Nonappropriated fund instrumentalities: contracting authority
to provide and obtain goods and
services.''.
SEC. 643. DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN
AND MEDITATION PAVILION AT DOVER AIR FORCE BASE AS A
FISHER HOUSE.
Section 2493 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Treatment of Fisher House for the Families of the Fallen and
Meditation Pavilion, Dover Air Force Base.--(1) The Fisher House for
the Families of the Fallen and Meditation Pavilion at Dover Air Force
Base, Delaware, is deemed to be a Fisher House for purposes of this
section and any other law applicable to Fisher Houses and Fisher
Suites.
``(2) The Fisher House for the Families of the Fallen and
Meditation Pavilion at Dover Air Force Base shall be available for use
by the following:
``(A) The primary next of kin of a member of the armed
forces who dies while located or serving overseas.
``(B) Other family members of the member eligible for
transportation under section 411f(e) of title 37.
``(C) An escort of a family member described in
subparagraph (A) or (B).''.
SEC. 644. 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. 645. 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. 646. ENHANCED COMMISSARY STORES PILOT PROGRAM.
(a) Authority to Operate Enhanced Commissary Stores.--Subchapter II
of chapter 147 of title 10, United States Code, is amended by inserting
after section 2488 the following new section:
``Sec. 2488a. Enhanced commissary stores
``(a) Authority to Operate.--The Defense Commissary Agency may
operate an enhanced commissary store at a military installation
designated for closure or adverse realignment under a base closure law.
``(b) Additional Categories of Merchandise.--(1) In addition to
selling items in the merchandise categories specified in subsection (b)
of section 2484 of this title in the manner provided by such section,
an enhanced commissary store also may sell items in the following
categories as commissary merchandise:
``(A) Alcoholic beverages.
``(B) Tobacco products.
``(C) Items in such other merchandise categories (not
covered by subsection (b) of section 2484 of this title) as the
Secretary of Defense may authorize.
``(2) Subsections (c) and (g) of section 2484 of this title shall
not apply with regard to the selection, or method of sale, of
merchandise in the categories specified in subparagraphs (A) and (B) of
paragraph (1) or in any other merchandise category authorized under
subparagraph (C) of such paragraph for sale in, at, or by an enhanced
commissary store.
``(c) Sales Price Establishment and Surcharge.--Subsections (d) and
(e) of section 2484 of this title shall not apply to the pricing of
merchandise in the categories specified in subparagraphs (A) and (B) of
paragraph (1) of subsection (b) or in any other merchandise category
authorized under subparagraph (C) of such paragraph for sale in, at, or
by an enhanced commissary store. Instead, the Secretary of Defense
shall determine appropriate prices for such merchandise sold in, at, or
by an enhanced commissary store, except that prices for such
merchandise shall be at least 10 percent below the average price of
comparable merchandise sold in retail stores within the geographic area
of the enhanced commissary store.
``(d) Retention and Use of Portion of Proceeds.--(1) The Secretary
of Defense may retain amounts equal to the difference between--
``(A) the retail price of merchandise in the categories
specified in subparagraphs (A) and (B) of paragraph (1) of
subsection (b) and in other merchandise categories authorized
under subparagraph (C) of such paragraph for sale in, at, or by
an enhanced commissary store; and
``(B) the invoice cost of such merchandise.
``(2) The Secretary of Defense shall use amounts retained under
paragraph (1) for an enhanced commissary store to help offset the
operating costs of that enhanced commissary store.
``(e) Substance Abuse Prevention Programs.--On account of the types
of merchandise authorized to be sold in an enhanced commissary store,
the Secretary of Defense may use amounts retained under subsection
(d)(1) for the enhanced commissary store to support substance abuse
prevention programs for patrons of the store while ensuring that the
store receives necessary operating funds.
``(f) Duration of Authority.--An enhanced commissary store may not
be operated under the authority of this section before October 1, 2011,
or after December 31, 2013.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2488 the following new item:
``2488a. Enhanced commissary stores.''.
(c) Substance Abuse Prevention Programs.--
(1) Availability of funds.--The amounts authorized to be
appropriated by section 301 for operation and maintenance for
Defense-wide activities, as specified in the corresponding
funding table in section 4301, is increased by $1,000,000 to
support substance abuse prevention programs for patrons of
enhanced commissary stores.
(2) Funding reduction.--Notwithstanding the amounts set
forth in the funding tables in division D, the amount
authorized to be appropriated in section 201 for research,
development, test, and evaluation, Army, as specified in the
corresponding funding table in division D, is hereby reduced by
$1,000,000, with the amount of the reduction to be derived from
the Aerostat Joint Project Office as set forth in the table
under section 4201.
Subtitle F--Disability, Retired Pay and Survivor Benefits
SEC. 651. MONTHLY AMOUNT AND DURATION OF SPECIAL SURVIVOR INDEMNITY
ALLOWANCE FOR WIDOWS AND WIDOWERS OF DECEASED MEMBERS OF
THE ARMED FORCES AFFECTED BY REQUIRED SURVIVOR BENEFIT
PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) Payment Amount Per Fiscal Year.--Paragraph (2) of section
1450(m) of title 10, United States Code, is amended--
(1) in subparagraph (E), relating to fiscal year 2013, by
striking ``$90'' and inserting ``$163'';
(2) in subparagraph (F), relating to fiscal year 2014, by
striking ``$150'' and inserting ``$200'';
(3) in subparagraph (G), relating to fiscal year 2015, by
striking ``$200'' and inserting ``$215'';
(4) in subparagraph (H), relating to fiscal year 2016, by
striking ``$275; and'' and inserting ``$282;'';
(5) in subparagraph (I), relating to fiscal year 2017, by
striking ``$310.'' and inserting ``$314;''; and
(6) by adding at the end the following new subparagraphs:
``(J) for months during fiscal year 2018, $9;
``(K) for months during fiscal year 2019, $15;
``(L) for months during fiscal year 2020, $20; and
``(M) for months during fiscal year 2021, $27.''.
(b) Duration.--Paragraph (6) of such section is amended--
(1) by striking ``September 30, 2017'' and inserting
``September 30, 2021''; and
(2) by striking ``October 1, 2017'' both places it appears
and inserting ``October 1, 2021''.
Subtitle G--Other Matters
SEC. 661. REIMBURSEMENT OF AMERICAN NATIONAL RED CROSS FOR HUMANITARIAN
SUPPORT AND OTHER SERVICES PROVIDED TO MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS.
Section 2602 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) The Secretary of Defense or the Secretary of a military
department may reimburse the American National Red Cross for
humanitarian support and other services approved by the Secretary that
are provided to members of the Army, Navy, Air Force, and Marine Corps
and their dependents. Such services may include identification and
verification of family emergency circumstances and communications
related to such circumstances.''.
SEC. 662. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR
WOUNDED IN THE NOVEMBER 5, 2009, ATTACK AT FORT HOOD,
TEXAS.
(a) Treatment.--For purposes of all applicable Federal laws,
regulations, and policies, a member of the Armed Forces or civilian
employee of the Department of Defense who was killed or wounded in the
attack that occurred at Fort Hood, Texas, on November 5, 2009, shall be
deemed as follows:
(1) In the case of a member, to have been killed or wounded
in a combat zone as the result of an act of an enemy of the
United States.
(2) In the case of a civilian employee of the Department of
Defense--
(A) to have been killed or wounded while serving
with the Armed Forces in a contingency operation; and
(B) to have been killed or wounded in a terrorist
attack.
(b) Exception.--Subsection (a) shall not apply to a member of the
Armed Forces whose death or wound as described in that subsection is
the result of the willful misconduct of the member.
SEC. 663. REPORT ON INCENTIVES FOR RECRUITMENT AND RETENTION OF HEALTH
CARE PROFESSIONALS FOR RESERVE COMPONENTS.
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.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career members of the uniformed services and their
families endure unique and extraordinary demands and make
extraordinary sacrifices over the course of a 20- to 30-year
career in protecting freedom for all Americans; and
(2) those decades of sacrifice constitute a significant
pre-paid premium for health care during a career member's
retirement that is over and above what the member pays with
money.
(b) 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.''.
SEC. 702. 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 who--
``(i) is a family member of an infant receiving
inpatient medical care at a military medical treatment
facility; and
``(ii) provides care to the infant while the infant
receives such inpatient medical care.
``(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 60 days after the date of the enactment of
this Act.
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 shall 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 member 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) 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. 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.''.
SEC. 705. 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 60 days before the
date of the deployment.
``(B) Once during each 180-day period in which the member
is so deployed.
``(C) Once during the period beginning 90 days after the
date of redeployment from the contingency operation and ending
180 days after such redeployment date.
``(D) 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;
``(ii) the period beginning one year after such
redeployment date and ending two years after such
redeployment date; and
``(iii) the period beginning two years after such
redeployment date and ending three years after such
redeployment date.
``(2) A mental health assessment is not required for a member of
the armed forces under subparagraphs (C) and (D) 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, traumatic brain injury, suicidal tendencies, and other
behavioral health conditions identified among members of the armed
forces 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
of the armed forces described in subsection (a) and the
professionals or personnel described by paragraph (1), 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, 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)(D)
after the individual's discharge or release from the armed forces.
``(e) Diagnoses During Deployment.--(1) In order to prevent
suicide, self-harm, harm to others, and under-performance of members of
the armed forces, the Secretary shall, with respect to a member
described in paragraph (2)--
``(A) retire the member pursuant to section 1201 of
this title if such member is otherwise qualified for
such retirement; or
``(B) redeploy such member from the contingency
operation to a location where the member may receive
appropriate medical treatment.
``(2) A member described in this paragraph is a member of the armed
forces who, as a result of a mental health assessment conducted under
subsection (a)(1)(B)--
``(A) is diagnosed with post-traumatic stress disorder,
traumatic brain injury, suicidal tendencies, or other
behavioral health condition; and
``(B) as part of such diagnosis, is determined to--
``(i) require care or monitoring that the Secretary
determines cannot be provided while the member is
deployed in support of a contingency operation;
``(ii) be at risk of self-harm or harming other
members of the armed forces; or
``(iii) be unable to perform duties assigned during
such deployment.
``(f) 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 that 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
of the armed forces is notified of the sharing of information with the
Secretary of Veterans Affairs under this subsection.
``(g) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.
``(h) Reports.--(1) Upon the issuance of the regulations prescribed
under subsection (g), the Secretary of Defense shall submit to Congress
a report describing such regulations.
``(2)(A) Not later than 270 days after the date of the issuance of
the regulations prescribed under subsection (g), the Secretary shall
submit to Congress an initial report on the implementation of the
regulations by the military departments.
``(B) Not later than two years after the date of the issuance of
the regulations prescribed under subsection (g), the Secretary shall
submit to Congress a report on the implementation of the regulations by
the military departments. The report shall include an evidence-based
assessment of the effectiveness of the mental health assessments
provided pursuant to the regulations in achieving the purpose specified
in subsection (b) for such assessments.''.
(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. 706. TRICARE STANDARD FOR CERTAIN MEMBERS OF THE INDIVIDUAL READY
RESERVE.
(a) Coverage for Certain IRR Members.--
(1) In general.--Subsection (a) of section 1076e of title
10, United States Code, is amended to read as follows:
``(a) Eligibility.--(1) Except as provided in paragraph (2), the
following individuals are eligible for health benefits under TRICARE
Standard as provided in this section:
``(A) A member of the Retired Reserve of a reserve
component of the armed forces who is qualified for a non-
regular retirement at age 60 under chapter 1223 of this title
but has not attained the age of 60.
``(B) A member of the Individual Ready Reserve described in
subsection 10144(b) of this title who served on active duty for
an aggregate of not less than one year beginning on or after
September 11, 2001.
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.''.
(2) Termination.--Subsection (b) of such section is
amended--
(A) in the subsection heading, by striking
``Standard'';
(B) by striking ``the member becoming'' and
inserting ``a member described in subsection (a)(1)(A)
becoming''; and
(C) by inserting before the period at the end the
following: ``or a member described in subsection
(a)(1)(B) becoming eligible for TRICARE coverage under
any other section of this chapter''.
(3) Section heading.--The heading of such section is
amended by striking ``who are qualified for a non-regular
retirement but are not yet age 60'' and inserting ``and
Individual Ready Reserve''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended by striking the
item relating to section 1076e and inserting the following new item:
``1076e. TRICARE program: TRICARE Standard coverage for certain members
of the Retired Reserve and Individual Ready
Reserve.''.
(c) Funding Increase and Offsetting Reduction.--Notwithstanding the
amounts set forth in the funding tables in division D--
(1) the amount authorized to be appropriated in section
1406 for the Defense Health Program, as specified in the
corresponding funding table in division D, is hereby increased
by $5,000,000, with the amount of the increase allocated to the
Defense Health Program, as set forth in the table under section
4501, to carry out the amendments made by this section; and
(2) the amount authorized to be appropriated in section 101
for other procurement, Army, as specified in the corresponding
funding table in division D, is hereby reduced by $5,000,000,
with the amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under Line 039
Joint Tactical Radio System as set forth in the table under
section 4101.
Subtitle B--Health Care Administration
SEC. 711. UNIFIED MEDICAL COMMAND.
(a) Unified Combatant Command.--
(1) In general.--Chapter 6 of title 10, United States Code,
is amended by inserting after section 167a the following new
section:
``Sec. 167b. Unified combatant command for medical operations
``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through the
Secretary of Defense, shall establish under section 161 of this title a
unified command for medical operations (in this section referred to as
the `unified medical command'). The principal function of the command
is to provide medical services to the armed forces and other health
care beneficiaries of the Department of Defense as defined in chapter
55 of this title.
``(b) Assignment of Forces.--In establishing the unified medical
command under subsection (a), all active military medical treatment
facilities, training organizations, and research entities of the armed
forces shall be assigned to such unified command, unless otherwise
directed by the Secretary of Defense.
``(c) Grade of Commander.--The commander of the unified medical
command shall hold the grade of general or, in the case of an officer
of the Navy, admiral while serving in that position, without vacating
his permanent grade. The commander of such command shall be appointed
to that grade by the President, by and with the advice and consent of
the Senate, for service in that position. The commander of such command
shall be a member of a health profession described in paragraph (1),
(2), (3), (4), (5), or (6) of section 335(j) of title 37. During the
five-year period beginning on the date on which the Secretary
establishes the command under subsection (a), the commander of such
command shall be exempt from the requirements of section 164(a)(1) of
this title.
``(d) Subordinate Commands.--(1) The unified medical command shall
have the following subordinate commands:
``(A) A command that includes all fixed military medical
treatment facilities, including elements of the Department of
Defense that are combined, operated jointly, or otherwise
operated in such a manner that a medical facility of the
Department of Defense is operating in or with a medical
facility of another department or agency of the United States.
``(B) A command that includes all medical training,
education, and research and development activities that have
previously been unified or combined, including organizations
that have been designated as a Department of Defense executive
agent.
``(C) The Defense Health Agency established under
subsection (f).
``(2) The commander of a subordinate command of the unified medical
command shall hold the grade of lieutenant general or, in the case of
an officer of the Navy, vice admiral while serving in that position,
without vacating his permanent grade. The commander of such a
subordinate command shall be appointed to that grade by the President,
by and with the advice and consent of the Senate, for service in that
position. The commander of such a subordinate command shall also be
required to be a surgeon general of one of the military departments.
``(e) Authority of Combatant Commander.--(1) In addition to the
authority prescribed in section 164(c) of this title, the commander of
the unified medical command shall be responsible for, and shall have
the authority to conduct, all affairs of such command relating to
medical operations activities.
``(2) The commander of such command shall be responsible for, and
shall have the authority to conduct, the following functions relating
to medical operations activities (whether or not relating to the
unified medical command):
``(A) Developing programs and doctrine.
``(B) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for the forces
described in subsection (b) and for other forces assigned to
the unified medical command.
``(C) Exercising authority, direction, and control over the
expenditure of funds--
``(i) for forces assigned to the unified medical
command;
``(ii) for the forces described in subsection (b)
assigned to unified combatant commands other than the
unified medical command to the extent directed by the
Secretary of Defense; and
``(iii) for military construction funds of the
Defense Health Program.
``(D) Training assigned forces.
``(E) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(F) Validating requirements.
``(G) Establishing priorities for requirements.
``(H) Ensuring the interoperability of equipment and
forces.
``(I) Monitoring the promotions, assignments, retention,
training, and professional military education of medical
officers described in paragraph (1), (2), (3), (4), (5), or (6)
of section 335(j) of title 37.
``(3) The commander of such command shall be responsible for the
Defense Health Program, including the Defense Health Program Account
established under section 1100 of this title.
``(f) Defense Health Agency.--(1) In establishing the unified
medical command under subsection (a), the Secretary shall also
establish under section 191 of this title a defense agency for health
care (in this section referred to as the `Defense Health Agency'), and
shall transfer to such agency the organization of the Department of
Defense referred to as the TRICARE Management Activity and all
functions of the TRICARE Program (as defined in section 1072(7)).
``(2) The director of the Defense Health Agency shall hold the rank
of lieutenant general or, in the case of an officer of the Navy, vice
admiral while serving in that position, without vacating his permanent
grade. The director of such agency shall be appointed to that grade by
the President, by and with the advice and consent of the Senate, for
service in that position. The director of such agency shall be a member
of a health profession described in paragraph (1), (2), (3), (4), (5),
or (6) of section 335(j) of title 37.
``(g) Regulations.--In establishing the unified medical command
under subsection (a), the Secretary of Defense shall prescribe
regulations for the activities of the unified medical command.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 167a the following new item:
``167b. Unified combatant command for medical operations.''.
(b) Plan, Notification, and Report.--
(1) Plan.--Not later than July 1, 2012, the Secretary of
Defense shall submit to the congressional defense committees a
comprehensive plan to establish the unified medical command
authorized under section 167b of title 10, United States Code,
as added by subsection (a), including any legislative actions
the Secretary considers necessary to implement the plan.
(2) Notification.--The Secretary shall submit to the
congressional defense committees written notification of the
decision of the Secretary to establish the unified medical
command under such section 167b by not later than the date that
is 30 days before establishing such command.
(3) Report.--Not later than 180 days after submitting the
notification under paragraph (2), the Secretary shall submit to
the congressional defense committees a report on--
(A) the establishment of the unified medical
command; and
(B) the establishment of the Defense Health Agency
under subsection (f) of such section 167b.
SEC. 712. 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 effectiveness 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''.
SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN HEALTH
CARE PROFESSIONALS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and the Secretary of Veterans
Affairs need to renew and improve efforts to reach out to rural
America, which has less access to care;
(2) behavioral health services for active duty members of
the Armed Forces, members of the reserve components, members of
the National Guard, and veterans need to be more easily and
readily accessible; and
(3) medical records and records of deployment need a ``warm
transition'' and better collaboration between the Department of
Defense and the Department of Veterans Affairs.
(b) 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 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''.
(c) Reports.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Veterans Affairs, shall submit to Congress separate
reports on each of the following:
(1) The plans to develop and expand programs to use new
Internet and communication technologies for improved access to
care and resources, including telemedicine, telehealth care
services, and telebehavioral health programs that ensure
patient privacy.
(2) Any plans to improve the transition of health and
battlefield deployment records to better assist and care for
veterans.
(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendments made by this section.
Subtitle C--Other Matters
SEC. 721. REVIEW OF WOMEN-SPECIFIC HEALTH SERVICES AND TREATMENT FOR
FEMALE MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Review.--The Secretary of Defense shall conduct a
comprehensive review of--
(1) the availability, efficacy, and adequacy of
reproductive health care services available for female members
of the Armed Forces, including gynecological services and
breast and gynecological cancer services;
(2) the availability, efficacy, and adequacy of women-
specific preventative health care services for female members
of the Armed Forces;
(3) the availability of women-specific treatment for sexual
assault or abuse; and
(4) the extent to which military medical treatment
facilities are following the policies of the Department of
Defense with respect to women-specific health services.
(b) Matters Included.--The review required by subsection (a) shall
include an assessment of 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 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.
(c) Report.--Not later than March 31, 2012, the Secretary of
Defense shall submit to the congressional defense committees a report
on the review required by subsection (a).
SEC. 722. COMPTROLLER GENERAL REVIEWS OF DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION PROJECT.
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 ``Not later'' and all that follows through ``thereafter'' and
inserting ``Not later than July 31 of each of 2011, 2013, and 2015''.
SEC. 723. COMPTROLLER GENERAL REPORT ON CONTRACTED HEALTH CARE STAFFING
FOR MILITARY MEDICAL TREATMENT FACILITIES.
(a) Report.--Not later than March 31, 2012, the Comptroller General
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.
SEC. 724. TREATMENT OF WOUNDED WARRIORS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $9,679,444,000 for
research, development, test, and evaluation, Army, for advanced
technology development, medical advanced technology. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Army
shall obligate an additional $3,000,000 for the program described in
subsection (c) in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Wounded Warrior Program.--
(1) In general.--The Secretary of the Army shall establish
a program to enter into public-private partnerships to enable
coordinated, rapid clinical evaluation and the wide-area
deployment of novel treatment strategies for wounded service
members, with an emphasis on the most common musculoskeletal
injuries.
(2) Priorities.--In carrying out the program under this
subsection, the Secretary shall ensure that the program--
(A) is composed of a national network of leading
clinical centers and includes an integrated clinical
trial effort; and
(B) will address the priorities of the Armed Forces
with respect to stabilization, retention, and
readiness.
SEC. 725. COOPERATIVE HEALTH CARE AGREEMENTS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $32,198,770,000 for
the Defense Health Program. Of the amounts authorized to be
appropriated by section 1407, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $500,000 for cooperative health care agreements between
military installations and local or regional health care systems
pursuant to section 713 of the National Defense Authorization Act of
2010 (Public Law 111-84; 123 Stat. 2380; 10 U.S.C. 1073 note) to
strengthen local or regional health care systems for members of the
Armed Forces and communities surrounding military installations with
both active duty and training components with no inpatient medical
facilities.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 726. PROSTATE CANCER IMAGING RESEARCH INITIATIVE.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $7,581,000 for the
prostate cancer imaging research initiative. Of the amounts authorized
to be appropriated by section 1407, as specified in the corresponding
funding table in division D, the Secretary of Defense shall obligate an
additional $2,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 727. DEFENSE CENTERS OF EXCELLENCE FOR PSYCHOLOGICAL HEALTH AND
TRAUMATIC BRAIN INJURY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $176,345,000 for
information technology development under the Defense Health Program. Of
the amounts authorized to be appropriated by section 1407, as specified
in the corresponding funding table in division D, the Secretary of
Defense shall obligate an additional $2,000,000 for the Defense Centers
of Excellence for Psychological Health and Traumatic Brain Injury to
enhance efforts to disseminate post-deployment mental health
information in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 728. COLLABORATIVE MILITARY-CIVILIAN TRAUMA TRAINING PROGRAMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $32,198,770,000 for
the Defense Health Program. Of the amounts authorized to be
appropriated by section 1407, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $3,000,000 for the Defense Health Program for collaborative
military-civilian trauma training programs pursuant to the cooperative
health care agreements between military installations and local or
regional health care systems under section 713 of the National Defense
Authorization Act of 2010 (Public Law 111-84; 123 Stat. 2380; 10 U.S.C.
1073 note) in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Report.--Not later than 120 days after the date on which the
Secretary establishes collaborative military-civilian trauma training
programs pursuant to subsection (a), the Secretary shall submit to the
congressional defense committees a report on the effectiveness of
training under the programs as compared to training under other medical
training programs.
SEC. 729. TRAUMATIC BRAIN INJURY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $32,198,770,000 for
the Defense Health Program. Of the amounts authorized to be
appropriated by section 1407, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $1,000,000 for the development of national medical
guidelines regarding the post-acute rehabilitation of individuals with
traumatic brain injury in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 730. COMPETITIVE PROGRAMS FOR ALCOHOL AND SUBSTANCE ABUSE
DISORDERS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $415,000,000 for
the continued support of wounded, ill, and injured medical research, to
include psychological health, traumatic brain injury, and post-
traumatic stress disorder. Of the amounts authorized to be appropriated
by section 1406, as specified in the corresponding funding table in
division D, the Secretary of Defense shall obligate an additional
$5,000,000 for the continued support of a competitive program for
translational research centers tasked with addressing alcohol and
substance abuse issues in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 731. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE
ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND
POST-TRAUMATIC STRESS DISORDER.
(a) Payment Process.--The Secretary of Defense and the Secretary of
Veterans Affairs shall carry out a five-year pilot program under which
each such Secretary shall establish a process through which each
Secretary shall provide payment for treatments (including diagnostic
testing) of traumatic brain injury or post-traumatic stress disorder
received by members of the Armed Forces and veterans in health care
facilities other than military treatment facilities or Department of
Veterans Affairs medical facilities. Such process shall provide that
payment be made directly to the health care facility furnishing the
treatment.
(b) Conditions for Payment.--The approval by a Secretary for
payment for a treatment pursuant to subsection (a) shall be subject to
the following conditions:
(1) Any drug or device used in the treatment must be
approved or cleared by the Food and Drug Administration for any
purpose.
(2) The treatment must have been approved by an
institutional review board operating in accordance with
regulations issued by the Secretary of Health and Human
Services.
(3) The treatment (including any patient disclosure
requirements) must be used by the health care provider
delivering the treatment.
(4) The patient receiving the treatment must demonstrate an
improvement as a result of the treatment on one or more of the
following:
(A) Standardized independent pre-treatment and
post-treatment neuropsychological testing.
(B) Accepted survey instruments.
(C) Neurological imaging.
(D) Clinical examination.
(5) The patient receiving the treatment must be receiving
the treatment voluntarily.
(6) The patient receiving the treatment may not be a
retired member of the uniformed services or of the Armed Forces
who is entitled to benefits under part A, or eligible to enroll
under part B, of title XVIII of the Social Security Act.
(c) Additional Restrictions Prohibited.--Except as provided in this
subsection (b), no restriction or condition for reimbursement may be
placed on any health care provider that is operating lawfully under the
laws of the State in which the provider is located with respect to the
receipt of payment under this section.
(d) Payment Deadline.--The Secretary of Defense and the Secretary
of Veterans Affairs shall make a payment for a treatment pursuant to
subsection (a) not later than 30 days after a member of the Armed
Forces or veteran (or health care provider on behalf of such member or
veteran) submits to the Secretary documentation regarding the
treatment. The Secretary of Defense and the Secretary of Veterans
Affairs shall ensure that the documentation required under this
subsection may not be an undue burden on the member of the Armed Forces
or veteran or on the health care provider.
(e) Payment Authority.--
(1) Department of defense.--The Secretary of Defense shall
make payments under this section for treatments received by
members of the Armed Forces using the authority in subsection
(c)(1) of section 1074 of title 10, United States Code.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall make payments under this section for
treatments received by veterans using the authority in section
1728 of title 38, United States Code.
(f) Payment Amount.--A payment under this section shall be made at
the equivalent Centers for Medicare and Medicaid Services reimbursement
rate in effect for appropriate treatment codes for the State or
territory in which the treatment is received. If no such rate is in
effect, payment shall be made at a fair market rate, as determined by
the Secretary of Defense, in consultation with the Secretary of Health
and Human Services, with respect to a patient who is a member of the
Armed Forces or the Secretary of Veterans Affairs with respect to a
patient who is a veteran.
(g) Data Collection and Availability.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly develop and maintain a
database containing data from each patient case involving the
use of a treatment under this section. The Secretaries shall
ensure that the database preserves confidentiality and be made
available only--
(A) for third-party payer examination;
(B) to the appropriate congressional committees and
employees of the Department of Defense, the Department
of Veterans Affairs, the Department of Health and Human
Services, and appropriate State agencies; and
(C) to the primary investigator of the
institutional review board that approved the treatment,
in the case of data relating to a patient case
involving the use of such treatment.
(2) Enrollment in institutional review board study.--In the
case of a patient enrolled in a registered institutional review
board study, results may be publically distributable in
accordance with the regulations prescribed pursuant to the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) and other regulations and practices in
effect as of the date of the enactment of this Act.
(3) Qualified institutional review boards.--The Secretary
of Defense and the Secretary of Veterans Affairs shall each
ensure that the Internet Web site of their respective
departments includes a list of all civilian institutional
review board studies that have received a payment under this
section.
(h) Assistance for Members To Obtain Treatment.--
(1) Assignment to temporary duty.--The Secretary of a
military department may assign a member of the Armed Forces
under the jurisdiction of the Secretary to temporary duty or
allow the member a permissive temporary duty in order to permit
the member to receive treatment for traumatic brain injury or
post-traumatic stress disorder, for which payments shall be
made under subsection (a), at a location beyond reasonable
commuting distance of the member's permanent duty station.
(2) Payment of per diem.--A member who is away from the
member's permanent station may be paid a per diem in lieu of
subsistence in an amount not more than the amount to which the
member would be entitled if the member were performing travel
in connection with a temporary duty assignment.
(3) Gift rule waiver.--Notwithstanding any rule of any
department or agency with respect to ethics or the receipt of
gifts, any assistance provided to a member of the Armed Forces
with a service-connected injury or disability for travel,
meals, or entertainment incidental to receiving treatment under
this section, or for the provision of such treatment, shall not
be subject to or covered by any such rule.
(i) Retaliation Prohibited.--No retaliation may be made against any
member of the Armed Forces or veteran who receives treatment as part of
registered institutional review board study carried out by a civilian
health care practitioner.
(j) Treatment of University and Nationally Accredited Institutional
Review Boards.--For purposes of this section, a university-affiliated
or nationally accredited institutional review board shall be treated in
the same manner as a Government institutional review board.
(k) Memoranda of Understanding.--The Secretary of Defense and the
Secretary of Veterans Affairs shall seek to expeditiously enter into
memoranda of understandings with civilian institutional review boards
described in subsection (j) for the purpose of providing for members of
the Armed Forces and veterans to receive treatment carried out by
civilian health care practitioners under a treatment approved by and
under the oversight of civilian institutional review boards that would
qualify for payment under this section.
(l) Outreach Required.--
(1) Outreach to veterans.--The Secretary of Veterans
Affairs shall notify each veteran with a service-connected
injury or disability of the opportunity to receive treatment
pursuant to this section.
(2) Outreach to members of the armed forces.--The Secretary
of Defense shall notify each member of the Armed Forces with a
service-connected injury or disability of the opportunity to
receive treatment pursuant to this section.
(m) Report to Congress.--Not later than 30 days after the last day
of each fiscal year during which the Secretary of Defense and the
Secretary of Veterans Affairs are authorized to make payments under
this section, the Secretaries shall jointly submit to Congress an
annual report on the implementation of this section. Such report shall
include each of the following for that fiscal year:
(1) The number of individuals for whom the Secretary has
provided payments under this section.
(2) The condition for which each such individual receives
treatment for which payment is provided under this section and
the success rate of each such treatment.
(3) Treatment methods that are used by entities receiving
payment provided under this section and the respective rate of
success of each such method.
(4) The recommendations of the Secretaries with respect to
the integration of treatment methods for which payment is
provided under this section into facilities of the Department
of Defense and Department of Veterans Affairs.
(n) Termination.--The authority to make a payment under this
section shall terminate on the date that is five years after the date
of the enactment of this Act.
(o) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal year
during which the Secretary of Veterans Affairs and the Secretary of
Defense are authorized to make payments under this section.
(p) Funding Increase and Offsetting Reduction.--
(1) In general.--Notwithstanding the amounts set forth in
the funding tables in division D, to carry out this section
during fiscal year 2012--
(A) the amount authorized to be appropriated in
section 1406 for the Defense Health Program, as
specified in the corresponding funding table in
division D, is hereby increased by $10,000,000, with
the amount of the increase allocated to the Defense
Health Program, as set forth in the table under section
4501, to carry out this section; and
(B) the amount authorized to be appropriated in
section 101 for other procurement, Army, as specified
in the corresponding funding table in division D, is
hereby reduced by $10,000,000, with the amount of the
reduction to be derived from Joint Tactical Radio
System, ground-mobile radio program under Line 039
Joint Tactical Radio System as set forth in the table
under section 4101.
(2) Merit-based or competitive decisions.--A decision to
commit, obligate, or expend funds referred to in paragraph
(1)(A) with or to a specific entity shall--
(A) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(B) comply with other applicable provisions of law.
SEC. 732. REPORT ON ESTABLISHMENT OF REGISTRY ON OCCUPATIONAL AND
ENVIRONMENTAL CHEMICAL HAZARDS.
(a) Report Required.--Not later than March 31, 2012, the Secretary
of Defense shall submit to the congressional defense committees a
report on establishing an active registry for each incidence of a
member of the Armed Forces being exposed to occupational and
environmental chemical hazards, including waste disposal, during
contingency operations in order to monitor possible health risks and to
provide necessary treatment to such members.
(b) Matters Included.--The report under subsection (a) shall
include a discussion of each of the following:
(1) Processes in which members of the Armed Forces may be
included in the registry described in subsection (a).
(2) Procedures to ensure that members eligible to be
included in the registry are provided appropriate medical
examinations.
(3) Using existing medical surveillance systems to
establish the registry.
SEC. 733. 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. 734. SENSE OF CONGRESS ON POST-TRAUMATIC STRESS DISORDER.
It is the sense of Congress that--
(1) post-traumatic stress disorder is an increasingly
common disease suffered by returning members of the Armed
Forces; and
(2) access to treatment for members with post-traumatic
stress disorder should be expanded to include local and
community medical facilities.
SEC. 735. REPORT ON RESEARCH AND TREATMENT OF POST-TRAUMATIC STRESS
DISORDER.
(a) Findings.--Congress finds the following:
(1) The high-incidence rate of neurological trauma in
members of the Armed Forces needs to be addressed.
(2) Critical research using neuroimaging that is
concentrated on post-traumatic stress disorder offers great
hope in identifying conditions allowing for a separate and
distinct classification of post-traumatic stress disorder.
(3) The Telemedicine and Advanced Technology Research
Center within the Army Medical Research and Materiel Command
has engaged the National Resources for Neuroscience and
Neuroimaging to develop collaborative and inter-agency research
linking the Department of Defense and the Department of
Veterans Affairs with appropriate and established university-
affiliated partnerships.
(b) Report.--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 increase the
diagnostic properties of post-traumatic stress disorder.
SEC. 736. STUDY ON BREAST CANCER AMONG MEMBERS OF THE ARMED FORCES AND
VETERANS.
(a) Study.--The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly conduct a study on the incidence of breast cancer
among members of the Armed Forces (including members of the National
Guard and reserve components) and veterans. Such study shall include
the following:
(1) A determination of the number of members and veterans
diagnosed with breast cancer.
(2) A determination of demographic information regarding
such members and veterans, including--
(A) race;
(B) ethnicity;
(C) sex;
(D) age;
(E) possible exposure to hazardous elements or
chemical or biological agents (including any vaccines)
and where such exposure occurred;
(F) the locations of duty stations that such member
or veteran was assigned;
(G) the locations in which such member or veteran
was deployed; and
(H) the geographic area of residence prior to
deployment.
(3) An analysis of breast cancer treatments received by
such members and veterans.
(4) Other information the Secretaries consider necessary.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly submit to Congress a report containing
the results of the study required under subsection (a).
(c) Funding Increase and Offsetting Reduction.--Notwithstanding the
amounts set forth in the funding tables in division D--
(1) the amount authorized to be appropriated in section
1406 for the Defense Health Program, as specified in the
corresponding funding table in division D, is hereby increased
by $10,000,000, with the amount of the increase allocated to
the Defense Health Program, as set forth in the table under
section 4501, to carry out this section;
(2) the amount authorized to be appropriated in section 101
for other procurement, Navy, as specified in the corresponding
funding table in division D, is hereby reduced by $8,800,000,
with the amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under Line 075
Shipboard Tactical Communications as set forth in the table
under section 4101; and
(3) the amount authorized to be appropriated in section 101
for other procurement, Air Force, as specified in the
corresponding funding table in division D, is hereby reduced by
$1,200,000, with the amount of the reduction to be derived from
Joint Tactical Radio System Maritime-Fixed radios under Line
049 Tactical Communications-Electronic Equipment as set forth
in the table under section 4101.
SEC. 737. TRANSFER OF DEFENSE CENTERS OF EXCELLENCE FOR PSYCHOLOGICAL
HEALTH AND TRAUMATIC BRAIN INJURY.
(a) In General.--The Secretary of Defense shall develop a plan to
transfer the Defense Centers of Excellence for Psychological Health and
Traumatic Brain Injury from the TRICARE Management Activity to a
military department, as determined by the Secretary.
(b) Notification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall notify the congressional
defense committees of the plan under subsection (a), including the
military department determined by the Secretary.
SEC. 738. 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 how the Secretary will identify, refer, and
treat traumatic brain injuries with respect to members of the Armed
Forces who served in Operation Enduring Freedom or Operation Iraqi
Freedom before the date in June, 2010, on which the memorandum
regarding using a 50-meter distance from an explosion as a criterion to
properly identify, refer, and treat members for potential traumatic
brain injury took effect.
SEC. 739. FREQUENCY OF REPORTS ON CONTINUED VIABILITY OF TRICARE
STANDARD AND TRICARE EXTRA.
Section 711(b)(2) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1073 note) is amended
in the matter preceding subparagraph (A) by striking ``bi-annual'' and
inserting ``biennial''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. REQUIREMENTS RELATING TO CORE LOGISTICS 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 (5) and (7), respectively;
(C) by inserting after paragraph (3) the following
new paragraph (4):
``(4) that relevant sustainment criteria and alternatives
were evaluated and addressed in the initial capabilities
document in sufficient depth to support an analysis of
alternatives and to establish the foundation for developing key
performance parameters for sustainment of the program
throughout its projected life cycle;'';
(D) by striking ``and'' at the end of paragraph (5)
(as so redesignated);
(E) by inserting after paragraph (5) (as so
redesignated) the following new paragraph (6):
``(6) that a preliminary assessment of the core logistics
capabilities necessary to maintain and repair the program has
been performed; and''; and
(F) in paragraph (7) (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 paragraphs:
``(7) The term `core logistics capabilities' means the core
logistics 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 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) the requirements for core logistics
capabilities and associated sustaining workload for the
program have been identified; 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) 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) in a manner
that is consistent across the Department of Defense.
(d) 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 by striking ``senior executives of contractors'' and
inserting ``any individual performing under the covered contract''.
(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. SUPPLIER RISK MANAGEMENT.
(a) Supplier Risk Management.--In order to reduce waste, fraud, and
abuse and ensure that the Department of Defense awards contracts to
responsible suppliers, the Secretary of Defense shall manage supplier
risk in accordance with this section and with the requirements of
section 8(b)(7) of the Small Business Act (15 U.S.C. 637(b)(7)).
(b) Evaluation of Supplier Risk Before Award of Contract.--The
Secretary shall direct contracting personnel to use a business credit
reporting bureau (or such other objective source of business
information as the Secretary considers appropriate) to evaluate
supplier risk on all contract actions.
(c) Identification and Tracking of Suppliers After Award of
Contract.--The Secretary shall ensure that existing suppliers,
including subcontractors and sources of supply, are identified and
tracked. In implementing this subsection, the Secretary shall use an
automated commercial-off-the-shelf product to identify suppliers by
location and to monitor suppliers for events that may affect supplier
performance, including debarments and suspensions, mergers and
acquisitions, bankruptcy filings, criminal proceedings against a person
or company, financial changes, or deterioration of a company.
SEC. 805. 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. 806. 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 found during the conduct of contractor audits;
``(2) a description of the recommendations for corrective
action made during the reporting period with respect to
significant problems, abuses, or deficiencies identified
pursuant to paragraph (1);
``(3) a summary of each particularly significant audit;
``(4) 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; and
``(D) the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs);
``(5) a summary of the pending audits, along with a
rationale for why each pending audit is not yet completed; and
``(6) a summary of any recommendations of actions or
resources needed to improve the audit process.
``(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.''.
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
by inserting before the semicolon at the end the following: ``after
contract award (excluding any time during which the contract award is
subject to 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
DELIVER 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 SEDANS.
Section 2253(a)(2) of title 10, United States Code, is amended by
striking ``vehicles'' and inserting ``passenger sedans''.
SEC. 815. 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 materials and components thereof)'' after
``tents, tarpaulins, or covers''.
SEC. 816. PARA-ARAMID FIBERS AND YARNS.
(a) Repeal of Foreign Supplier Exemption.--Section 807 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2084) is repealed.
(b) Prohibition on Specification in Solicitations.--No solicitation
issued by the Department of Defense may include a requirement that
proposals submitted pursuant to such solicitation must include the use
of para-aramid fibers and yarns.
SEC. 817. 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.
Subtitle C--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
SEC. 821. RESTRICTIONS ON AWARDING CONTRACTS IN SUPPORT OF CONTINGENCY
OPERATIONS IN IRAQ OR AFGHANISTAN TO ADVERSE ENTITIES.
(a) Prohibition on Contracts With Adverse Entities.--Effective on
the date occurring 60 days after the date of the enactment of this Act,
the Secretary of Defense may not award a contract in support of a
contingency operation in Iraq or Afghanistan to an adverse entity.
(b) Voiding Contracts With Adverse Entities.--With respect to any
contract in effect before, on, or after the effective date of the
prohibition in subsection (a), if the Secretary of Defense determines
under subsection (c) that the contract, or any subcontract under the
contract, is being performed by an adverse entity, the Secretary may,
in accordance with applicable law--
(1) void the contract; or
(2) require the prime contractor to void any such
subcontract.
(c) Determination of Adverse Entity.--
(1) In general.--For purposes of this section, an adverse
entity is any foreign entity or foreign individual that the
Secretary of Defense, acting through the Commander of the
United States Central Command, determines, based on credible
evidence--
(A) is directly engaged in hostilities or is
substantially supporting forces that are engaged in
hostilities against the United States or its coalition
partners in a contingency operation in Iraq or
Afghanistan; and
(B) is performing on a contract awarded, or task or
delivery order issued, by or on behalf of the
Department of Defense as a contractor, a subcontractor,
or an employee of a contractor or subcontractor.
(2) Notification.--Upon a determination by the Commander
that an individual or entity is an adverse entity, the
Commander shall notify in writing the head of the contracting
activity responsible for the contingency operation concerned.
(3) Review.--Not later than 15 days after receipt of a
notification under paragraph (2), the head of the contracting
activity shall--
(A) review the contracts concerned, and any
subcontracts under such contracts, awarded under the
authority of the head of the contracting activity to
verify whether the adverse entity is currently
performing under any such contract or subcontract; and
(B) notify the Commander in writing of any
contracts or subcontracts that the head verifies are
being performed by the adverse entity.
(d) Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance to
implement this section. The guidance shall include, at a minimum, the
following:
(1) A requirement for each contract awarded in support of a
contingency operation in Iraq or Afghanistan awarded after the
date of the enactment of this Act to include a clause
pertaining to the authority provided under subsection (b).
(2) Criteria by which such authority will be applied,
including criteria to ensure compliance with applicable laws.
SEC. 822. AUTHORITY TO USE HIGHER THRESHOLDS FOR PROCUREMENTS IN
SUPPORT OF CONTINGENCY OPERATIONS.
With respect to a procurement of property or services by or for
the Department of Defense that the Secretary of Defense determines are
to be used in support of a contingency operation in Iraq or
Afghanistan, regardless of whether the award of a contract, or the
making of a purchase, for the procurement is inside or outside the
United States--
(1) the simplified acquisition threshold is deemed to be
$1,000,000; and
(2) the micro-purchase threshold is deemed to be $25,000.
SEC. 823. AUTHORITY TO EXAMINE RECORDS OF FOREIGN CONTRACTORS
PERFORMING CONTRACTS IN SUPPORT OF CONTINGENCY OPERATIONS
IN IRAQ OR AFGHANISTAN.
(a) Authority.--Except as provided in subsection (b), the Secretary
of Defense may examine the records of a foreign contractor performing a
contract in support of a contingency operation in Iraq or Afghanistan.
(b) Exception.--Subsection (a) does not apply to a foreign
contractor that is a foreign government or agency thereof or that is
precluded by applicable laws from making its records available for
examination.
(c) Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance to
implement this section.
SEC. 824. DEFINITIONS.
In this subtitle:
(1) Contract in support of a contingency operation in iraq
or afghanistan.--The term ``contract in support of a
contingency operation in Iraq or Afghanistan'' means a 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 in Iraq or Afghanistan.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning provided by section 101(a)(13) of
title 10, United States Code.
(3) Records.--The term ``records'' has the meaning provided
by section 2313(l) of title 10, United States Code.
(4) Foreign contractor.--The term ``foreign contractor''
means a contractor or subcontractor organized or existing under
the laws of a country other than the United States.
SEC. 825. QUALITY ASSURANCE SURVEILLANCE PLAN FOR SECURITY CONTRACTORS
OPERATING IN AFGHANISTAN AND IN SUPPORT OF OTHER
CONTINGENCY OPERATIONS.
(a) In General.--The Secretary of Defense shall establish a plan to
be known as a ``Quality Assurance Surveillance Plan'' setting standards
that must be incorporated in Department of Defense oversight plans
governing all security contractors operating in Afghanistan, and other
future contingency operations, under a contract or subcontract funded
by the Department of Defense. The Secretary shall designate a single
appropriate official stationed in the country of operations to review
each security contract or subcontract involving security contractors
funded by the Department of Defense for compliance with the Quality
Assurance Surveillance Plan. Such official shall certify that the
official has reviewed the oversight plan for that contract, that the
oversight plan is appropriate for that contract, that there is an
appropriate number of appropriately trained personnel available to
oversee that contract, and confirm that any and all licenses and
permits required by the security contractor and its employees have been
reviewed and verified as current and authentic.
(b) Deadline for Implementation.--These requirements under
subsection (a) shall be implemented by not later than six months after
the date of enactment of this Act.
(c) Comptroller General Assessment.--The Comptroller General of the
United States shall conduct an assessment the Department of Defense's
compliance with this section and, not later than 6 months after the
requirements of this section are implemented pursuant to subsection
(b), shall submit to Congress a report on such assessment.
SEC. 826. 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) shall 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.--
(1) Review required.--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.
(2) Competitive awards.--Based on the findings of a review
conducted under paragraph (1), the Secretary shall identify
subcontracts that may reasonably be treated as prime contract
for purpose of a competition and take such steps as may be
necessary to establish a competitive award basis for such a
contract in a timely manner.
(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 (H) through (J), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Percentage of contracts awarded on a
competitive basis as compared to established goals for
competition in contingency contracting actions.
``(G) Justification for any non-competitively
awarded contingency contracts that are not otherwise
deemed to be not suitable for competition''.
Subtitle D--Defense Industrial Base Matters
SEC. 831. 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. 832. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL BASE FOR
POTENTIAL SHORTFALLS.
(a) Assessment Required.--The Secretary of Defense shall undertake
an assessment of the current and long-term availability within the
United States industrial base of critical equipment, components,
subcomponents, and materials needed to support short or prolonged
conventional conflicts. In carrying out the assessment, the Secretary
shall--
(1) identify items that the Secretary determines are
critical to military readiness, including key components,
subcomponents, and materials;
(2) perform a risk assessment of the supply chain for items
identified under paragraph (1) and an evaluation of the extent
to which--
(A) the supply chain for such items could be
disrupted by a first strike on the United States; and
(B) the industrial base obtains such items from
foreign sources; and
(3) develop mitigation strategies to address any gaps and
vulnerabilities in the ability of the Department to respond to
potential contingencies identified in operational plans of the
combatant commanders if the sources that provide items
identified under paragraph (1) should become unavailable.
(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 findings of the assessment required
under subsection (a).
(c) GAO Review.--The Comptroller General of the United States shall
review the assessment required under subsection (a) and the report
required under subsection (b) and submit to Congress a report on such
review. The review shall include an assessment of--
(1) the completeness of the report;
(2) the reasonableness of the methodology used to develop
the report;
(3) the conclusions contained in the report; and
(4) the extent to which the Department has implemented a
Department-wide framework to identify and address gaps and
vulnerabilities in the supply chain.
SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF GOVERNMENT COMPETITION IN
THE DEPARTMENT OF DEFENSE INDUSTRIAL BASE.
(a) Comptroller General Assessment Required.--The Comptroller
General of the United States shall carry out an assessment of the
effect of Government mandated and supported competition in the
Department of Defense industrial base that includes, at a minimum, the
following:
(1) An examination of the aerospace propulsion business
volume that the Department generates and whether such volume
facilitates or supports multiple levels of competitors.
(2) An examination of the factors necessary to achieve cost
effectiveness in initiating and supporting a competitive
industrial base.
(3) An examination of the actual costs of developing a
second source for previous private sector provided materials
versus savings provided through such competitions.
(4) The advantages and disadvantages of other potential
options or methods as well as any shortfalls in the current
processes.
(5) Recommendations for any administrative or legislative
action that the Comptroller General deems appropriate in the
context of the assessment.
(b) Report.--Not later than April 1, 2012, the Comptroller General
shall submit to the Chairmen and ranking members of the Committees on
Armed Services of the Senate and the House of Representatives a report
on the findings and recommendations, as appropriate, of the Comptroller
General with respect to the assessment conducted. The Comptroller
General shall receive comments from the Secretary of Defense and
others, as appropriate.
SEC. 834. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON THE DEFENSE
INDUSTRIAL BASE.
(a) In General.--Not later than February 1, 2012, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report setting forth an assessment of the
impact of foreign boycotts on the defense industrial base.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a summary of foreign boycotts that posed a material
risk to the defense industrial base from January 2008 to the
date of enactment of this Act;
(2) the apparent objectives of each such boycott;
(3) an assessment of harm to the defense industrial base as
a result of each such boycott;
(4) an assessment of the sufficiency of Department of
Defense and Department of State efforts to mitigate the
material risks of any such boycott to the defense industrial
base; and
(5) recommendations of the Comptroller General to reduce
the material risks of foreign boycotts to the defense
industrial base, including recommendations for changes to
legislation, regulation, policy, or procedures.
(c) Confidentiality.--The Comptroller General shall not publicly
disclose the names of any person, organization, or entity involved in
or affected by any foreign boycott identified in the report required
under subsection (a) without the express written approval of the
person, organization, or entity concerned.
(d) Definitions.--In this section:
(1) Foreign boycott.--The term ``foreign boycott'' means
any policy or practice adopted by a foreign government or
foreign business enterprise intended to directly penalize,
disadvantage, or harm any contractor or subcontractor of the
Department of Defense, or otherwise dissociate the foreign
government or foreign business enterprise from such a
contractor or subcontractor on account of the provision by that
contractor or subcontractor of any product or service to the
Department.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 835. RARE EARTH MATERIAL INVENTORY PLAN.
(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 a
plan to establish an inventory of rare earth materials necessary to
ensure the long-term availability of such rare earth materials, as
identified by the report required by section 843 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4282) and as otherwise determined to be necessary.
The plan 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) Determination.--
(1) In general.--Not later than 90 days after the date on
which the plan is submitted under subsection (a), the Secretary
of Defense shall determine whether to execute the plan
described in subsection (a).
(2) Submittal.--The Secretary shall submit to the
congressional defense committees--
(A) the plan under subsection (a); and
(B) a notice of the determination under paragraph
(1).
(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 knowhow, and intellectual property
necessary for the efficient and effective production of rare
earth materials.
Subtitle E--Other Matters
SEC. 841. MISCELLANEOUS AMENDMENTS TO PUBLIC LAW 111-383 RELATING TO
ACQUISITION.
(a) Amendments to Capabilities Covered by Acquisition Process for
Rapid Fielding.--Section 804(b)(3) 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) is amended--
(1) by inserting ``and'' at the end of subparagraph (B);
(2) by striking ``; and'' at the end of subparagraph (C)
and inserting a period; and
(3) by striking subparagraph (D).
(b) Amendments to Elements of Guidance on Management of
Manufacturing Risk in Major Defense Acquisition Programs.--Section
812(b) of such Act (Public Law 111-383; 124 Stat. 4264; 10 U.S.C. 2430)
is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (1), (2), (3), and (4), respectively.
(c) Amendments to Defense Research and Development Rapid Innovation
Program.--Section 1073 of such Act (Public Law 111-383; 124 Stat. 4366;
10 U.S.C. 2359a note) is amended--
(1) in subsection (a), by striking ``shall'' in the first
sentence and inserting ``may''; and
(2) in subsection (b), by amending the first sentence to
read as follows: ``If the Secretary establishes a program under
subsection (a), the Secretary shall issue guidelines for the
operation of the program.''.
SEC. 842. PROCUREMENT OF PHOTOVOLTAIC DEVICES.
(a) Revision to Contracts Described.--Subsection (b) of section 846
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4285; 10 U.S.C. 2534 note) is
amended by striking ``For the purposes of this section,'' and all that
follows through the end and inserting the following: ``For the purposes
of this section, the Department of Defense is deemed to own a
photovoltaic device if the device is installed on Department of Defense
property or in a facility owned or leased by or for the Department of
Defense.''.
(b) Revision to Definition of Photovoltaic Devices.--Subsection (c)
of such section is amended by striking ``means'' and all that follows
through the end and inserting the following: ``means devices that
convert light directly into electricity.''.
SEC. 843. 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. 844. EXEMPTION OF DEPARTMENT OF DEFENSE FROM ALTERNATIVE FUEL
PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 42 U.S.C. 17142) is amended by adding at the end
the following: ``This section shall not apply to the Department of
Defense.''.
SEC. 845. PREFERENCE FOR POTENTIAL CONTRACTORS THAT CARRY OUT CERTAIN
ACTIVITIES.
In evaluating offers submitted in response to a solicitation for
contracts, the Secretary of Defense shall provide a preference to any
offeror that--
(1) enhances undergraduate, graduate, and doctoral programs
in science, technology, engineering and math (in this section
referred to as ``STEM'' disciplines);
(2) makes investments, such as programming and curriculum
development, in STEM programs within elementary and secondary
schools;
(3) encourages employees to volunteer in Title I schools in
order to enhance STEM education and programs;
(4) makes 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) establishes partnerships between the offeror and
historically Black colleges and universities and minority
institutions for the purpose of training students in scientific
disciplines;
(6) awards scholarships and fellowships, and establishes
cooperative work-education programs in scientific disciplines;
or
(7) conducts recruitment activities at historically black
colleges and universities and other minority-serving
institutions or offers internships or apprenticeships.
SEC. 846. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2335. Reports on use of indemnification agreements
``(a) In General.--Beginning October 1, 2011, not later than 90
days after the date on which any action described in subsection (b)(1)
occurs, the Secretary of Defense shall submit to the congressional
defense committees and the Committees on the Budget of the House of
Representatives and the Senate a report on such action.
``(b) Action Described.--(1) An action described in this paragraph
is the Secretary of Defense--
``(A) entering into a contract that includes an
indemnification agreement; or
``(B) modifying an existing indemnification agreement in
any contract.
``(2) Paragraph (1) shall not apply to any contract awarded in
accordance with--
``(A) section 2354 of this title; or
``(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
``(c) Matters Included.--For each contract covered in a report
under subsection (a), the report shall include--
``(1) the name of the contractor;
``(2) the actual cost or estimated potential cost involved;
``(3) a description of the items, property, or services for
which the contract is awarded; and
``(4) a justification of the contract including the
indemnification agreement.
``(d) National Security.--The Secretary may omit any information in
a report under subsection (a) if the Secretary--
``(1) determines that the disclosure of such information is
not in the national security interests of the United States;
and
``(2) includes in the report a justification of the
determination made under paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2335. Reports on use of indemnification agreements.''.
SEC. 847. PROHIBITION ON DISCLOSURE OF POLITICAL CONTRIBUTIONS.
(a) In General.--Chapter 47 of title 41, United States Code, is
amended by adding at the end the following new section:
``Sec. 4712. Prohibition on disclosure of political contributions
``(a) Prohibition.--An executive agency may not require an entity
submitting an offer for a Federal contract or otherwise participating
in acquisition of property or services by the Federal Government to
disclose any of the following information as a condition of submitting
the offer or otherwise participating in such acquisition:
``(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or subsidiaries
to a candidate for election for Federal office or to a
political committee, or that is otherwise made with respect to
any election for Federal office.
``(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
individual or entity with the intent or the reasonable
expectation that the individual or entity will use the funds to
make a payment described in paragraph (1).
``(b) No Effect on Other Disclosure Requirements.--Nothing in this
section may be construed to waive or otherwise affect the application
to an entity described in subsection (a) of any provision of law
(including the Federal Election Campaign Act of 1971) that requires the
entity to disclose information on contributions, expenditures,
independent expenditures, or electioneering communications.
``(c) Definitions.--In this section--
``(1) each of the terms `contribution', `expenditure',
`independent expenditure', `electioneering communication',
`candidate', `election', and `Federal office' has the meaning
given such term in the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.); and
``(2) the term `acquisition' has the meaning given that
term in section 131 of this title.''.
(b) Technical and Conforming Amendment.--The table of contents for
chapter 47 of title 41, United States Code, is amended by inserting
after the item relating to section 4711 the following new item:
``4712. Prohibition on disclosure of political
contributions.''.
SEC. 848. SENSE OF CONGRESS ON LONG-TERM CONTRACTING FOR ALTERNATIVE
FUELS.
It is the sense of Congress that long-term contracting for
alternative fuels is in the best interests of the Department of Defense
and is a wise use of taxpayer resources. Long-term contracts provide
stability for industry, which allows them to drive the cost down. Long-
term contracts also provide some insulation to the Department of
Defense from fuel price increases. The Department of Defense has asked
for the authority to enter into long-term contracts for alternative
fuels, and it is the sense of Congress that this is a valuable proposal
and should be supported.
SEC. 849. 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 (k) of section 1703 of this title; and''.
(b) Federal Acquisition Institute.--
(1) In general.--Division B 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; and
``(10) perform other career management or research
functions as directed by the Administrator.
``(b) Budget Resources and Authority.--
``(1) In general.--The Director of the Office of Management
and Budget and the Administrator of General Services shall
provide the Federal Acquisition Institute with the necessary
budget resources and authority 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 Administer 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 for Federal Procurement Policy.
``(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 for Federal Procurement Policy.
``(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, 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) Conforming amendment.--Section 1122(a)(5) 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 title 41, United States Code, 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. 850. ADDITIONAL INFORMATION ON WAIVERS UNDER THE BUY AMERICAN ACT
BY DEPARTMENT OF DEFENSE REQUIRED TO BE INCLUDED IN
ANNUAL REPORT.
Section 812 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note) is amended in
subsection (c)(2)(A) by striking clause (vi) and inserting the
following:
``(vi) An itemized list of all waivers
granted with respect to such articles,
materials, or supplies under chapter 83 of
title 41 (commonly referred to as the Buy
American Act), including--
``(I) an analysis of the domestic
capacity to supply the articles,
materials, or supplies; and
``(II) an analysis of the reasons
for an increase or decrease in the
number of waivers granted from fiscal
year to fiscal year.''.
SEC. 851. ASSESSMENT OF DEPARTMENT OF DEFENSE CONTRACTING ACTIONS AND
THE IMPACT ON SMALL BUSINESSES.
(a) Assessment Required.--The Inspector General of the Department
of Defense shall conduct an assessment of consolidated contracting
actions of the Department of Defense relating to base services and
construction activities from October 2009 through October 2011 to
ensure the Department's compliance with the provisions of the Small
Business Jobs Act of 2010 (Public Law 111-240). The assessment shall,
at a minimum, examine--
(1) compliance with the Small Business Jobs Act of 2010
(Public Law 111-240), the Small Business Reauthorization Act of
1997 (Public Law 105-135), the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136) and all relevant
provisions in the Federal Acquisition Regulation and the
Defense Federal Acquisition Regulation Supplement;
(2) justification for contract consolidation;
(3) scope of services provided by category, contract award
ceiling, and period of performance;
(4) identification of any shortages in trained acquisition
personnel that may have contributed to a determination to
consolidate contracting actions;
(5) potential for alternative contracting approaches that
would increase small business participation;
(6) any negative impact by such contract consolidations on
contracting with small business concerns; and
(7) recommendations to improve or enhance Department of
Defense policy, guidance, or execution of contracting actions
to ensure compliance with the Small Business Jobs Act of 2010.
(b) Briefing.--The Inspector General shall brief the congressional
defense committees on the findings of the assessment required under
subsection (a) not later than April 1, 2012.
SEC. 852. DEPARTMENT OF DEFENSE OPERATIONAL CONTRACT SUPPORT PLAN.
The Secretary of Defense shall develop and implement a plan to
address shortfalls in operational contract support requirements
determination, management, oversight, and administration. The plan
shall include each of the following:
(1) The provision of operational contract support training
and information-sharing roadmaps, including a description of
the roles and responsibilities of the Office of the Secretary
of Defense, the Joint Staff, the military departments, and
defense agencies.
(2) The identification and development of training venues
to incorporate appropriate operational contract support
training and education for all operational contract support
functions in both acquisition and non-acquisition roles.
(3) The integration of operational contract support into
Department of Defense exercises and experiments.
(4) Updating and aligning Department of Defense policy,
doctrine, joint capability area definitions, corresponding
universal joint task lists, and agreements to address
shortfalls as discrepancies in areas of operational contract
support.
(5) A method of ensuring that sufficient capacity and
capability to conduct operational contract support missions is
addressed in the total workforce plan required by section 129a
of title 10, United States Code, as amended by this Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
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 Defense Business
Systems.--Funds available to the Department of Defense, whether
appropriated or non-appropriated, may not be obligated for a defense
business system that will have a total cost in excess of $1,000,000
unless--
``(1) the appropriate pre-certification authority for the
defense business system has determined that--
``(A) the defense business system 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 to be supported
by the defense business system is 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 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 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 defense business system has been reviewed and
certified by the investment review board established under
subsection (g); and
``(3) the certification of the investment review board 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 business system 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 enterprise
architecture for defense business systems.
``(2) The Secretary of Defense shall delegate responsibility and
accountability for the defense business enterprise architecture 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 activities,
logistics activities, or installations and environment
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 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 defense business systems computing environment
integrated into the defense business enterprise architecture
for the major business processes conducted by the Department of
Defense, as determined by the Chief Management Officer.
``(e) Composition of Transition Plan.--(1) The transition plan
developed under subsection (c)(1)(B) shall include the following:
``(A) A listing of the additional 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.
``(B) A listing of the defense business systems as of
December 2, 2002 (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.
``(C) A listing of the legacy systems (referred to in
subparagraph (B)) that will be a part of the 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.
``(2) Each of the strategies under paragraph (1) shall include
specific time-phased milestones, performance measures, and a statement
of the financial and nonfinancial resource needs.
``(f) Appropriate Pre-Certification Authorities.--For purposes of
subsection (a), the appropriate pre-certification authority for a
defense business system is as follows:
``(1) In the case of an Army program, the Chief Management
Officer of the Army.
``(2) In the case of a Navy program, the Chief Management
Officer of the Navy.
``(3) In the case of an Air Force program, the Chief
Management Officer of the Air Force.
``(4) In the case of a program of a Defense Agency, the
Director, or equivalent, of that Defense Agency unless
otherwise approved by the Deputy Chief Management Officer.
``(5) 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.
``(g) Defense Business System Investment Review.--(1) The Secretary
of Defense shall require the Deputy Chief Management Officer, not later
than October 1, 2011, to establish an investment review board and
investment management process, consistent with section 11312 of title
40, to review the planning, design, acquisition, development,
deployment, operation, maintenance, modernization, and project cost
benefits and risks of all defense business systems. 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 under the investment
management process shall include the following:
``(A) Review and approval by the investment review board of
each defense business system before the obligation of funds on
the system in accordance with the requirements of subsection
(a).
``(B) Periodic review, but not less often than annually, of
all defense business systems, grouped in portfolios of defense
business systems.
``(C) Representation on the 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 the Under
Secretaries of Defense, the Chief Information Officer of the
Department of Defense, and the Chief Management Officers of the
military departments.
``(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business systems 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 for
which funding is proposed in that budget.
``(2) Identification of all funds, by appropriation,
proposed in that budget for each such system, including--
``(A) funds for current services (to operate and
maintain the system); and
``(B) funds for business systems modernization,
identified for each specific appropriation.
``(3) For each such system, identification of the
appropriate pre-certification authority under subsection (f).
``(4) For each such system, a description of each approval
made under subsection (a)(3) with regard to such system.
``(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. The 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
systems submitted for certification under such
subsection;
``(2) identify the number of defense business systems so
certified;
``(3) identify any defense business system during the
preceding fiscal year that was not certified under subsection
(a), and the reasons for the lack of certification;
``(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems implementation or modernization efforts; 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 `pre-certification authority', with respect
to a defense business system, means the Department of Defense
official responsible for the defense business system, as
designated by subsection (f).
``(2) 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.
``(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. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE DEPARTMENT
OF THE NAVY AND MARINE CORPS.
(a) Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.--
(1) Redesignation of military department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(2) Redesignation of secretary and other statutory
offices.--
(A) Secretary.--The position of the Secretary of
the Navy is redesignated as the Secretary of the Navy
and Marine Corps.
(B) Other statutory offices.--The positions of the
Under Secretary of the Navy, the four Assistant
Secretaries of the Navy, and the General Counsel of the
Department of the Navy are redesignated as the Under
Secretary of the Navy and Marine Corps, the Assistant
Secretaries of the Navy and Marine Corps, and the
General Counsel of the Department of the Navy and
Marine Corps, respectively.
(b) Conforming Amendments to Title 10, United States Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under the
Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is
amended to read as follows:
``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.
(B) The heading of chapter 507 of such title is
amended to read as follows:
``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.
(5) Other amendments.--
(A) Title 10, United States Code, is amended by
striking ``Department of the Navy'' and ``Secretary of
the Navy'' each place they appear other than as
specified in paragraphs (1), (2), (3), and (4)
(including in section headings, subsection captions,
tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps''
and ``Secretary of the Navy and Marine Corps'',
respectively, in each case with the matter inserted to
be in the same typeface and typestyle as the matter
stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a),
5017(2), 5032(a), and 5042(a) of such title are amended
by striking ``Assistant Secretaries of the Navy'' and
inserting ``Assistant Secretaries of the Navy and
Marine Corps''.
(ii) The heading of section 5016 of such title, and
the item relating to such section in the table of
sections at the beginning of chapter 503 of such title,
are each amended by inserting ``and Marine Corps''
after ``of the Navy'', with the matter inserted in each
case to be in the same typeface and typestyle as the
matter amended.
(c) Other Provisions of Law and Other References.--
(1) Title 37, united states code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and inserting
``Department of the Navy and Marine Corps'' and ``Secretary of
the Navy and Marine Corps'', respectively.
(2) Other references.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to be
a reference to the Department of the Navy and Marine Corps. Any
such reference to an office specified in subsection (a)(2)
shall be considered to be a reference to that office as
redesignated by that section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month beginning
more than 60 days after the date of the enactment of this Act.
Subtitle B--Space Activities
SEC. 911. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL
POSITIONING SYSTEM.
(a) In General.--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 the Global Positioning System devices of the
Department of Defense.
(b) 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.
(c) Notice to Congress.--
(1) 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 paragraph (2) 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
subsection (a) have been resolved.
(2) Congressional committees described.--The congressional
committees described in this paragraph are the following:
(A) The Committee on Energy and Commerce and the
Committee on Armed Services of the House of
Representatives.
(B) The Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate.
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) auditing unusual and unauthorized user
activities;
(C) a roles-based access certification system;
(D) cross-domain guards for transfers of
information between different networks; and
(E) 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 for fiscal year 2013 under section 1105 of title
31, Untied States Code, 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).
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 appropriate 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 ensure that
establishment of an appropriately balanced workforce with sufficient
levels of personnel 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 savings.
``(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 developing
guidance to implement such policies and procedures.
``(2) The manpower and force structure authorities for each
Department of Defense component 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). In carrying
out this paragraph, the Under Secretary shall require each
contracting officer to obtain a written statement from each
requiring official that the work required is appropriate for
contractor personnel consistent with this title, the Federal
Acquisition Regulation, the Defense Supplement to the Federal
Acquisition Regulation, and Department of Defense instructions
governing appropriate use of contractors.
``(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. If the
Under Secretary of Defense (Comptroller) recommends a defense
budget for a fiscal year that inhibits the implementation of
such policies and procedures, then a justification for such
recommendation shall be included in the defense budget
materials (as defined in section 2228(f)(5) of this title) for
that fiscal year.
``(d) Use of Plan, Inventory, and List.--In carrying out the
policies and procedures established under subsection (a), the Secretary
shall--
``(1) incorporate the civilian strategic workforce plan
(required by section 115b of this title) into such policies and
procedures;
``(2) incorporate the civilian positions master plan
(required by section 1597(c) of this title) into such policies
and procedures;
``(3) use the inventory of contracts for services required
by section 2330a(c) of this title; and
``(4) use 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 Personnel.--If conversion of
personnel is considered, the Under Secretary of Defense for Personnel
and Readiness shall--
``(1) ensure compliance with--
``(A) section 2463 of this title (relating to
guidelines and procedures for use of civilian employees
to perform Department of Defense functions); and
``(B) section 2461 of this title (relating to
public-private competition required before conversion
to contractor performance); and
``(2) include in each manpower requirements report under
section 115a of this title a complete justification for
converting from one form of personnel to another.
``(f) Construction With Other Requirements.--Nothing in this title
may be construed as authorizing--
``(1) a Department of Defense component 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 or closely associated with
inherently governmental even if there is a civilian personnel
shortfall in the Department of Defense;
``(3) 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
``(4) 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 such chapter 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), by striking ``(2) the funds made
available to the department for such fiscal year.'' and
inserting ``(2) the total force management policies and
procedures established under section 129a of this title.'';
(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 in paragraphs (2), (3), and
(4) by striking ``military and civilian personnel'' each place it
appears and inserting ``military, civilian, and contractor personnel''.
(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. AMENDMENTS TO 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 contractor personnel requirements level for
performing contract services as defined in section 235 of this
title for each component of the Department of Defense for the
next fiscal year and the contractor full-time equivalents level
for the prior fiscal year as reported in the inventory for
contracts for services required by subsection (c) of section
2330a 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 civilian
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 civilian 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''; 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) 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. TECHNICAL AMENDMENTS TO REQUIREMENT FOR INVENTORY OF
CONTRACTS FOR SERVICES.
Section 2330a(c) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(and pursuant to contracts for
goods to the extent services are also provided under
such contracts)'' after ``pursuant to contracts for
services'';
(B) in subparagraph (A)--
(i) by striking ``and'' at the end of
clause (i); and
(ii) 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
(C) in subparagraph (B), by inserting ``for
requirements specifically relating to acquisition''
before the period; and
(2) in paragraph (2)(E), by striking ``The number of
contractor employees,'' and inserting ``The number of
contractors,''.
SEC. 937. MODIFICATION OF TEMPORARY SUSPENSION OF PUBLIC-PRIVATE
COMPETITIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE
FUNCTIONS TO CONTRACTOR PERFORMANCE.
Section 325 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2253) is amended--
(1) in subsection (a), by striking ``Secretary of Defense
submits to the congressional defense committees the
certification required under subsection (d)'' and inserting
``Comptroller General submits to the congressional defense
committees the assessment required under subsection (c)''; and
(2) by striking subsection (d).
SEC. 938. 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'';
(E) by inserting after the first sentence the
following: ``Following the completion of preliminary
planning for a public-private competition, if
applicable, the head of a military department or
Defense Agency shall submit to Congress written notice
of the initiation of the public-private competition and
shall announce such initiation in the Federal
Register.''; and
(F) 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. 939. 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 striking subparagraph (A) and inserting the
following new subparagraph (A):
``(A) is an inherently governmental function;'';
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (F) and (G), respectively; and
(C) by inserting after subparagraph (B) the
following new subparagraphs (C), (D), and (E):
``(C) acquisition workforce functions;
``(D) is a critical function that is necessary to
maintain sufficient organic expertise and technical
capability;
``(E) has been performed by Department of Defense
civilian employees at any time during the previous 10-
year period;''.
(2) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(3) by inserting after subsection (c) the following new
subsections (d) and (e):
``(d) 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 a function described in
subparagraph (A) of subsection (b)(1).
``(e) 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).''.
SEC. 940. ASSESSMENT OF APPROPRIATE DEPARTMENT OF DEFENSE AND
CONTRACTOR PERSONNEL FOR THE DEFENSE MEDICAL READINESS
TRAINING INSTITUTE.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment to determine the appropriate mix of Department of Defense
civilian personnel and contractor personnel to carry out the mission
and functions of the Defense Medical Readiness Training Institute.
(b) Factors for Consideration.--In carrying out the assessment
required under subsection (a), the Secretary shall take into
consideration the policy, guidance, procedures, and methodologies for
total force management of the Department of Defense, including--
(1) such policy, guidance, procedures, and methodologies
described in sections 129 and 129a of title 10, United States
Code, as amended by this Act;
(2) manpower requirements for planning, programming, and
budgeting;
(3) the Department of Defense strategic human capital plans
developed pursuant to section 115b of such title;
(4) the annual personnel authorization requests to Congress
pursuant to section 115a of such title; and
(5) a determination of the Secretary with respect to
whether the functions performed by the Defense Medical
Readiness Training Institute are inherently governmental,
closely associated with inherently governmental, or commercial
in nature.
(c) Other Elements of Assessment.--The assessment required under
subsection (a) shall include an assessment of each of the following:
(1) The effect of distributed training at multiple
locations in the United States on the ability of the Defense
Medical Readiness Training Institute to accomplish its training
mission.
(2) The extent to which simulated training can be used
effectively at locations remote from the Defense Medical
Readiness Training Institute campus.
(3) A cost-benefit analysis as outlined in Office of
Management and Budget Circular A-94 of the use of simulated
training versus training using classroom instructors.
(4) The budgetary effect of expanding the use of
contractor-provided training to accomplish the mission of the
Defense Medical Readiness Training Institute.
(5) Any other matter relevant to the mission of the Defense
Medical Readiness Training Institute that the Secretary
determines is appropriate.
(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 on the analysis required under subsection (a).
Subtitle E--Quadrennial Roles and Missions and Related Matters
SEC. 951. TRANSFER OF PROVISIONS RELATING TO QUADRENNIAL ROLES AND
MISSIONS REVIEW.
(a) Transfer of Provisions Relating to Assessment of Roles and
Missions.--Section 153(a)(4) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (C), (D), (E), and (F)
as subparagraphs (D), (E), (F), and (G), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Advising the Secretary on the roles and missions of
the armed forces and on the assignment of functions to the
armed forces in order to obtain maximum efficiency and
effectiveness of the armed forces.''; and
(3) by amending subparagraph (G) (as redesignated by
paragraph (1)) to read as follows:
``(G) Identifying, assessing, and prioritizing joint
military requirements (including existing systems and
equipment) for defense acquisition, and identifying the core
mission areas associated with each such requirement.''.
(b) Requirement for National Military Strategy Review to Be
Consistent With Quadrennial Roles and Missions Review.--Section
153(d)(2)(A) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period and inserting ``; and'' at the
end of clause (iii); and
(3) by adding at the end the following new clause:
``(iv) the most recent quadrennial roles and
missions review conducted by the Secretary of Defense
pursuant to section 118b of this title.''.
(c) Assessment of Roles and Missions.--Section 153 of such title is
further amended by adding at the end the following new subsection:
``(e) Assessment of Roles and Missions.--(1) In each year in which
the Secretary of Defense is required to conduct a quadrennial roles and
missions review pursuant to section 118b of this title, the Chairman
shall prepare and submit to the Secretary of Defense an assessment of
the roles and missions of the armed forces and the assignment of
functions to the armed forces, together with any recommendations for
changes in assignment that the Chairman considers necessary to achieve
maximum efficiency and effectiveness of the armed forces.
``(2) The assessment shall be conducted so as to--
``(A) organize the significant missions of the armed forces
into core mission areas that cover broad areas of military
activity; and
``(B) ensure that core mission areas are defined and
functions are assigned so as to avoid unnecessary duplication
of effort among the armed forces.
``(3) The Secretary shall forward the report received under
paragraph (1) in any year, with the Secretary's comments thereon (if
any), to Congress with the Secretary's next transmission to Congress of
the annual Department of Defense budget justification materials in
support of the Department of Defense component of the budget of the
President submitted under section 1105 of title 31 for the next fiscal
year.''.
(d) Conforming Amendments.--Section 118b of title 10, United States
Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (c), by striking ``Upon receipt of the
Chairman's assessment, and after giving appropriate
consideration to the Chairman's recommendations, the
Secretary'' and inserting ``The Secretary''.
SEC. 952. REVISIONS TO QUADRENNIAL ROLES AND MISSIONS REVIEW.
Section 118b of title 10, United States Code, as amended by section
951, is further amended--
(1) in subsection (a), by striking ``core competencies and
capabilities of the Department of Defense to perform and
support such roles and missions'' and inserting ``functions and
capabilities of the Department of Defense and its major
components to achieve the objectives of the national defense
strategy and the national military strategy'';
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c);
(3) in subsection (b) (as so redesignated)--
(A) by striking the subsection heading and all that
follows through ``shall identify--'' and inserting
``Conduct of Review.--Each quadrennial roles and
missions review shall identify--'';
(B) in paragraph (2), by striking ``core
competencies and capabilities'' and inserting
``functions and capabilities of each of the armed
forces'';
(C) in paragraph (3), by striking ``core
competencies'' and inserting ``functions'';
(D) by striking ``core competencies and'' and
inserting ``the functions and the''; and
(E) in paragraph (5), by striking ``core
competencies'' and inserting ``functions''; and
(4) in subsection (d) (as so redesignated), by inserting
``findings of the'' before ``quadrennial''.
SEC. 953. AMENDMENT TO PRESENTATION OF FUTURE-YEARS BUDGET AND
COMPTROLLER GENERAL REPORT ON BUDGET JUSTIFICATION
MATERIAL.
(a) Organization of Future-years Budget.--
(1) In general.--Section 222(b) of title 10, United States
Code, is amended by striking ``on the basis of both major force
programs and the core mission areas'' and inserting ``on the
basis of major force programs and the core mission areas and
functions of each of the armed forces''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to the future-years mission budget for
fiscal year 2013 and each fiscal year thereafter.
(b) Report Required.--
(1) Matters covered.--The Comptroller General of the United
States shall prepare a report containing assessments of--
(A) the sufficiency of Department of Defense
regulations, policies, and guidance governing the
construction of budget exhibits;
(B) the current program element structure and
content used to account for the budget activity of the
Department of the Defense;
(C) the degree to which the Secretary of Defense
has implemented the recommendations for improving the
consistency, clarity, accuracy, and completeness of the
Department of Defense budget documentation contained in
Government Accountability Report GAO-07-1058; and
(D) the degree to which the Department of Defense
has complied with the Congressional intent and
requirements of the amendments made by section 944 of
the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 289).
(2) Recommendations.--The report required by this
subsection shall also include such recommendations as the
Comptroller General considers to be appropriate in order to
improve the consistency, clarity, accuracy, and completeness of
the Department of Defense budget justification material content
and to improve the Department's ability to identify and track
resources by the core mission areas and functions of the armed
forces as required by section 118b of title 10, United States
Code.
SEC. 954. 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. 955. QUADRENNIAL DEFENSE REVIEW.
(a) Sense of Congress.--It is the sense of Congress that the
quadrennial defense review is a critical strategic document and should
be based upon a process unconstrained by budgetary influences so that
such influences do not determine or limit its outcome.
(b) Relationship of Quadrennial Defense Review to Defense Budget.--
Paragraph (4) of section 118(b) of title 10, United States Code, is
amended to read as follows:
``(4) to make recommendations that 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, in order to allow Congress to determine the level of
acceptable risk to execute the missions associated with the
national defense strategy within appropriated funds.''.
Subtitle F--Other Matters
SEC. 961. DEADLINE REVISION FOR REPORT ON FOREIGN LANGUAGE PROFICIENCY.
Section 958 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 297) is amended--
(1) in subsection (a), by striking ``annually thereafter''
and inserting ``by June 30 each year thereafter''; and
(2) in subsection (d), by striking ``December 31, 2013''
and inserting ``June 30, 2013''.
SEC. 962. MILITARY ACTIVITIES IN CYBERSPACE.
(a) Affirmation.--Congress affirms that the Secretary of Defense is
authorized to conduct military activities in cyberspace.
(b) Authority Described.--The authority referred to in subsection
(a) includes the authority to carry out a clandestine operation in
cyberspace--
(1) in support of a military operation pursuant to the
Authorization for Use of Military Force (50 U.S.C. 1541 note;
Public Law 107-40) against a target located outside of the
United States; or
(2) to defend against a cyber attack against an asset of
the Department of Defense.
(c) Briefings on Activities.--Not later than 120 days after the
date of the enactment of this Act, and quarterly thereafter, the
Secretary of Defense shall provide a briefing to the Committees on
Armed Services of the House of Representatives and the Senate on
covered military cyberspace activities that the Department of Defense
carried out during the preceding quarter.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of Defense to conduct
military activities in cyberspace.
SEC. 963. 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. 964. 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. 965. SENSE OF CONGRESS REGARDING THE PERFORMANCE OF COMMERCIALLY-
AVAILABLE ACTIVITIES BY DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) our Nation's economic strength is characterized by
individual freedom and the competitive enterprise system, and
as such, the Federal Government should not compete with its
citizens and private enterprise;
(2) in recognition of this policy, the Government should
rely on commercially available sources to provide commercial
products and services and should not start or carry on any
activity to provide a commercial product or service if the
product or service can be procured more economically from a
commercial source;
(3) this policy conforms with Department of Defense Total
Force Management procedures aimed at improving total manpower
requirements, determinations, and planning to facilitate
decisions regarding which sector (military, civilian, or
contractor personnel) should perform each requirement; and
(4) the Department of Defense should not convert the
performance of any function from performance by a contractor to
performance by Department of Defense civilian employees unless
the function is inherently governmental in nature or the
conversion is necessary to comply with section 129a of title
10, United States Code, as amended by this Act.
(b) Definition of Inherently Governmental.--In this section, the
term ``inherently governmental'' has the meaning given that term in
section 5(2) of the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 112 Stat. 2384; 31 U.S.C. 501 note).
SEC. 966. CLARIFICATION OF STATUS OF PARTICIPANTS OF DEFENSE INDUSTRIAL
BASE ACTIVE CYBER DEFENSE PILOT PROJECT.
Notwithstanding any other provision of law, any non-Government
entity or personnel participating in the 90-day Defense Industrial Base
Active Cyber Defense pilot project shall not be considered an agent of
any local or State government or the Federal Government by reason of
such participation.
SEC. 967. EXPANSION OF OVERSIGHT OFFICES IN DEPARTMENT OF DEFENSE.
(a) Assistant Secretary of Defense for Contingency Contracting.--
Section 138(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Contingency Contracting. The Assistant
Secretary of Defense for Contingency Contracting is the principal
adviser to the Secretary of Defense and the Under Secretary of Defense
for Acquisition, Technology, and Logistics on matters relating to
planning, funding, staffing, and managing contingency contracting of
the Department of Defense.''.
(b) Requirement to Establish Office of Contingency Contracting.--
The Secretary of Defense shall rename and expand the Office of Program
Support in the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics as the Office of Contingency
Contracting. The Office of Contingency Contracting shall be headed by
the Assistant Secretary of Defense for Contingency Contracting and
shall be responsible for planning, funding, staffing, and managing
contingency contracting in the Department of Defense.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2012 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$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 this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted prior to
the vote on passage of this Act.
Subtitle B--Counter-Drug Activities and Counter Transnational Criminal
Activities
SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTERTERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 371 note), as most
recently amended by section 1012(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4346), is amended by striking ``2011'' and inserting ``2012''.
SEC. 1012. EXTENSION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES OF OTHER
GOVERNMENTAL AGENCIES.
(a) One-year Extension of Authority.--Subsection (a) of section
1004 of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 374 note) is amended by striking
``During fiscal years 2002 through 2011'' and inserting ``Until
September 30, 2013''.
(b) Coverage of Tribal Law Enforcement Agencies.--Such section is
further amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``tribal,'' after ``local,''; and
(B) in paragraph (2), by striking ``State or
local'' both places it appears and insert ``State,
local, or tribal''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``State or
local'' and inserting ``State, local, or tribal'';
(B) in paragraph (4), by striking ``State, or
local'' and inserting ``State, local, or tribal''; and
(C) in paragraph (5), by striking ``State and
local'' and inserting ``State, local, and tribal''.
(c) Clarification of Authority to Provide Certain Nonlethal
Equipment or Services.--Subsection (b)(4) of such section is amended by
inserting before the period at the end the following: ``, including the
provision of nonlethal equipment or services necessary for the
operation of such bases or facilities, other than any equipment
specifically identified in section 1033 of the National Defense
Authorization Act for Fiscal Year 1998''.
SEC. 1013. ONE-YEAR EXTENSION OF AUTHORITY TO PROVIDE ADDITIONAL
SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
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. 4347), is amended by striking ``2012'' and inserting
``2013''.
SEC. 1014. 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. 1015. MITIGATION OF NATIONAL SECURITY THREATS ALONG THE BORDER OF
THE UNITED STATES AND MEXICO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should continue to increase
intelligence and technology sharing information and capability
with the Secretary of Homeland Security and other agencies to
mitigate national security threats along the international
border between the United States and Mexico, including threats
of infiltration and border breaches by transnational criminal
organizations; and
(2) the Secretary of Defense should strongly consider
operationally testing, along the international border between
the United States and Mexico, emerging technology capabilities
developed for the purposes of detection, intelligence, and
surveillance.
(b) Congressional Briefing.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall brief the
congressional defense committees on the effectiveness of the ongoing
collaborative programs with the Government of Mexico intended to
strengthen the capability of Mexican forces to detect and deter
infiltration of the United States border and other national security
threats by transnational crime organizations.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. 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. 1022. NAMING OF NAVAL VESSEL AFTER UNITED STATES MARINE CORPS
SERGEANT RAFAEL PERALTA.
Congress strongly encourages the Secretary of the Navy to name the
next available Naval vessel after United States Marine Corps Sergeant
Rafael Peralta.
Subtitle D--Counterterrorism
SEC. 1031. DEFINITION OF INDIVIDUAL DETAINED AT GUANTANAMO.
In this subtitle, the term ``individual detained at Guantanamo''
means any individual who is located at United States Naval Station,
Guantanamo Bay, Cuba, on or after March 7, 2011, who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is in the custody or under the effective control of the
Department of Defense.
SEC. 1032. 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, 2014''; and
(2) in subsection (f)(1), by striking ``December'' and
inserting ``February''.
SEC. 1033. 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. 1034. AFFIRMATION OF ARMED CONFLICT WITH AL-QAEDA, THE TALIBAN,
AND ASSOCIATED FORCES.
Congress affirms that--
(1) the United States is engaged in an armed conflict with
al-Qaeda, the Taliban, and associated forces and that those
entities continue to pose a threat to the United States and its
citizens, both domestically and abroad;
(2) the President has the authority to use all necessary
and appropriate force during the current armed conflict with
al-Qaeda, the Taliban, and associated forces pursuant to the
Authorization for Use of Military Force (Public Law 107-40; 50
U.S.C. 1541 note);
(3) the current armed conflict includes nations,
organization, and persons who--
(A) are part of, or are substantially supporting,
al-Qaeda, the Taliban, or associated forces that are
engaged in hostilities against the United States or its
coalition partners; or
(B) have engaged in hostilities or have directly
supported hostilities in aid of a nation, organization,
or person described in subparagraph (A); and
(4) the President's authority pursuant to the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541
note) includes the authority to detain belligerents, including
persons described in paragraph (3), until the termination of
hostilities.
SEC. 1035. REQUIREMENT FOR NATIONAL SECURITY PROTOCOLS GOVERNING
DETAINEE COMMUNICATIONS.
(a) Limitation.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a national security protocol applicable to each individual
detained at Guantanamo. Each such national security protocol shall
include a description of each of the following:
(1) The authority of an individual covered by the protocol
to have access to military or civilian legal representation, or
both, and any limitations on such access.
(2) Any items that are considered contraband for such an
individual.
(3) Any category of information that such an individual is
not permitted to discuss or include in any communications made
to persons other than Federal Government personnel and members
of the Armed Forces or materials the individual has or creates.
(4) Any types of materials to which such an individual is
authorized to have access and the process by which such
materials, along with materials created by the individual, are
reviewed.
(5) The nature of any communication such an individual is
permitted to have with any persons other than Federal
Government personnel and members of the Armed Forces, including
mail, phone calls, and video teleconferences, and the extent to
which any such communication is to be monitored.
(6) Any meetings the individual is permitted to have with
any persons other than Federal Government personnel and members
of the Armed Forces and the extent to which such a meeting is
to be monitored.
(7) Any category of information or material that may not be
provided to such an individual by persons other than Federal
Government personnel and members of the Armed Forces or by the
individual's military or civilian legal counsel or military
personal representative.
(8) The manner in which any legal materials or
communications subject to review under the protocol will be
monitored for the protection of national security while also
ensuring that any applicable legal privileges are maintained
for purposes of litigation related to trial under chapter 47A
of title 10, United States Code, or a petition for habeas
corpus.
(9) The measures planned to be taken to implement and
enforce the provisions of the security protocol.
(b) Treatment of Classified Material in Security Protocols.--A
security protocol submitted under subsection (a) shall be in
unclassified form but may contain a classified annex.
SEC. 1036. PROCESS FOR THE REVIEW OF NECESSITY FOR CONTINUED DETENTION
OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Review Process.--The Secretary of Defense shall establish a
review process to review the detention of each individual detained at
Guantanamo. Such review process shall be designed to determine whether
the continued military detention of each such individual is necessary
to protect the national security of the United States. The review
process shall include, for each such individual, a full review not less
than once every three years and a limited file review not less than
once every year.
(b) Relationship to Other Laws.--The review process established by
this section shall not affect the jurisdiction of any Federal court to
determine the legality of the detention of an individual detained at
Guantanamo.
(c) Military Review Panels.--The Secretary shall establish military
review panels to carry out the reviews required by subsection (a). Each
military panel shall be made up of military officers with expertise in
operations, intelligence, and counterterrorism matters. Any officer
assigned to a military panel under this subsection must have the
necessary security clearances to review all information submitted by
the Government in any proceeding before the panel.
(d) Procedures for Full Review.--
(1) Military personal representatives.--In any full review
proceeding before a military panel established pursuant to
subsection (c), an individual detained at Guantanamo shall be
assisted by a military personal representative with the
appropriate security clearance. The military personal
representative shall appear before the military panel to
advocate on behalf of the individual and to introduce
information on behalf of the individual.
(2) Military panel proceedings.--During a proceeding before
such a military panel, such an individual, with the assistance
of the individual's military personal representative, shall be
permitted to--
(A) present to the military panel a written or oral
statement;
(B) introduce relevant information, including
written declarations;
(C) answer any questions posed by the military
panel; and
(D) call witnesses who are reasonably available and
willing to provide information that is relevant and
material to whether the individual represents a
continuing threat to the United States or its allies.
(3) Advance notice of summary of information.--Such an
individual shall be provided, in writing and in a language the
individual understands, with advance notice of an unclassified
summary of the factors and information the military panel will
consider, including mitigating information described in
paragraph (7)(D), in making a recommendation with respect to
the individual's continued military detention.
(4) Provision of information to military personal
representative.--The Government's submission to the military
panel regarding the threat posed by such an individual and any
mitigating information described in paragraph (7)(D) shall be
provided to the military personal representative for the
individual. Where it is necessary to protect national security,
including the protection of intelligence sources and methods,
the panel may determine that the military personal
representative must receive a sufficient substitute or summary
of classified information, rather than the underlying
information.
(5) Permitted actions by outside parties.--An outside
party, including any private counsel for such an individual,
may file a written submission to the military panel on the
question of whether the individual represents a threat to the
national security of the United States. An outside party filing
such a submission must obtain written permission from the
individual before filing the submission.
(6) Timeframe for review.--A full review of an individual
detained at Guantanamo to determine whether the continued
military detention of the individual is necessary may not take
place sooner than 21 days after the individual first becomes an
individual detained at Guantanamo.
(7) Factors for consideration.--In conducting a full review
of an individual detained at Guantanamo, the panel shall
consider whether the individual represents a continuing threat
to the United States or its allies, taking into consideration
the following factors:
(A) The likelihood the individual will resume
terrorist activity if transferred or released.
(B) The likelihood the individual will reestablish
ties with an organization engaged in hostilities
against the United States or its allies if transferred
or released.
(C) The behavior of the individual while in
military custody.
(D) Any information reviewed by the officials
preparing the Government's submission to the panel that
tends to mitigate the threat posed by the individual.
(8) Intelligence information factor.--In conducting a full
review of an individual detained at Guantanamo, the panel shall
consider the factor of whether information known to the
individual could be of significant intelligence value to the
national security of the United States, taking into
consideration information provided by the intelligence
community, including an overall assessment provided by the
Director of National Intelligence regarding the intelligence
value of the information known by the individual.
(9) Recommendation.--The panel shall evaluate the factors
described in paragraphs (7) and (8) with respect to an
individual detained at Guantanamo, taking into consideration
the totality of the circumstances, and shall make a
recommendation with respect to whether the continued military
detention of the individual is necessary.
(e) Procedures for File Review.--
(1) Government submission of information.--For each annual
file review of an individual detained at Guantanamo, the
Government shall submit to a military panel established under
subsection (c) any significant new information regarding the
threat posed by the individual to the United States or its
allies, including significant mitigating information reviewed
by the officers compiling the material submitted by the
Government.
(2) Individual written submission.--The individual
receiving the file review may submit to the panel such written
information as the individual determines appropriate.
(3) Commencement of full review.--If, during the course of
a file review of an individual, a significant question is
raised as to whether the continued military detention of the
individual is necessary, the Secretary of Defense shall
promptly convene a full review of the individual in accordance
with this section.
(f) Previously Provided Information.--The officers assembling the
Government submission to a military panel for a full review under
subsection (d) or a file review under subsection (e) shall include in
their review to prepare the submission any information previously
provided by the Government in discovery for a case before a military
commission or a proceeding in a Federal court relating to a petition
for habeas corpus.
(g) Interagency Review Board.--
(1) Establishment.--There is hereby established an
interagency review board.
(2) Membership.--The members of the interagency review
board shall be senior officials of the Department of State, the
Department of Defense, the Department of Justice, the
Department of Homeland Security, and the Joint Chiefs of Staff,
who shall be appointed the heads of their employing agencies.
The Director of National Intelligence shall appoint a senior
official of the Office of the Director of National Intelligence
to serve as a non-voting advisory member of the interagency
review board.
(3) Responsibilities.--
(A) Review.--The review board shall be responsible
for reviewing the recommendations of a military panel
in a full review made under subsection (d)(9) for clear
error. If the members of the review board disagree with
a recommendation of a military panel by a majority
vote, the recommendation shall be rejected. The review
board shall seek consensus in such cases to the
greatest extent possible.
(B) Disposition of individuals not recommended for
continued detention.--In the case of an individual who
the military panel has recommended no longer be subject
to military detention, if the review board accepts the
recommendation of the military panel, the review board
shall identify a suitable location outside the United
States to which to transfer the individual. In making
such recommendation, the board shall consider whether
the country to which the individual is proposed to be
transferred--
(i) is not a designated state sponsor of
terrorism or a designated foreign terrorist
organization;
(ii) maintains effective control over each
detention facility in which an individual is to
be detained if the individual is to be housed
in a detention facility;
(iii) is likely to subject the individual
to prosecution;
(iv) 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;
(v) has agreed to take effective steps to
ensure that the individual cannot take action
to threaten the United States, its citizens, or
its allies in the future;
(vi) has taken such steps as the review
board determines are necessary to ensure that
the individual cannot engage or re-engage in
any terrorist activity;
(vii) has agreed to share any information
with the United States 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;
(viii) has agreed to allow appropriate
agencies of the United States to have access to
the individual, if requested; and
(ix) has made assurances regarding the
humane treatment of the individual.
(h) Reevaluation of Recommendations.--If the review board rejects
the recommendation of a military panel with respect to an individual
detained at Guantanamo, the military panel may reevaluate the
individual. The military panel shall determine whether to reevaluate
such an individual by not later than 10 days after the date on which
the review board rejects the recommendation of the panel, and shall
complete such reevaluation by not later than 60 days after making such
determination.
(i) Forwarding of Recommendation and Review.--Upon a decision to
accept or reject a recommendation of a military panel made under
subsection (g)(3), and after a reevaluation under subsection (h), if
any, the review board shall forward the recommendation and the
acceptance or rejection to the Secretary of Defense for signature. In
the case of a recommendation described in subsection (g)(3)(B), the
review panel shall include with the recommendation a written discussion
of the factors referred to in that subparagraph and a recommended
location to which to transfer the individual. The Secretary of Defense
may only delegate the responsibility of signing such a recommendation
and acceptance or rejection to the Deputy Secretary of Defense.
(j) Exceptions.--An individual detained at Guantanamo shall not be
subject to the review process established under this section under
circumstances as follows:
(1) In the case of such an individual upon whom charges
have been served in accordance with section 948s of title 10,
United States Code, until after final judgment has been reached
on such charges.
(2) In the case of such an individual who has been
convicted by a military commission under chapter 47A of such
title of an offense under subchapter VIII of that chapter,
until after the individual has completed his sentence.
(3) In the case of such an individual who has been ordered
released by a Federal court.
(k) No Enforceable Rights.--Nothing in this section creates any
right for which an individual may seek enforcement in any court of the
United States.
(l) Report to Congress.--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 on the establishment of the
review process required under this section.
(m) Definition of Appropriate Committees of Congress.--In this
section the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1037. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES
TRANSFERRED FROM 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.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
SEC. 1038. PROHIBITION ON FAMILY MEMBER VISITATION OF INDIVIDUALS
DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA.
None of the funds authorized to be appropriated for the Department
of Defense for fiscal year 2012 may be used to permit any person who is
a family member of an individual detained at Guantanamo to visit the
individual at United States Naval Station, Guantanamo Bay, Cuba.
SEC. 1039. PROHIBITION ON THE TRANSFER OR RELEASE OF CERTAIN DETAINEES
TO OR WITHIN THE UNITED STATES.
(a) Prohibition on Transfer or Release to or Within the United
States.--None of the funds authorized to be appropriated to the
Department of Defense for fiscal year 2012 may be used to transfer or
release an individual detained at Guantanamo or an individual described
in subsection (b) to or within the United States, its territories, or
possessions.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) is not a citizen of the United States or a member of
the Armed Forces; and
(2) is in the custody or under the effective control of the
Department of Defense at a location outside the United States
other than United States Naval Station, Guantanamo Bay, Cuba,
and detained pursuant to the Authorization for Use of Military
Force (Public Law 107-40; 50 U.S.C. 1541 note).
SEC. 1040. PROHIBITIONS RELATING TO THE TRANSFER OR RELEASE OF CERTAIN
DETAINEES TO OR WITHIN FOREIGN COUNTRIES.
(a) Limitation on Transfer to Foreign Countries.--
(1) Limitation.--None of the funds authorized to be
appropriated to the Department of Defense for fiscal year 2012
may be used to transfer any individual detained at Guantanamo
to the custody or effective 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 paragraph (2) by not later than 30
days before the transfer of the individual.
(2) Certification.--The certification described in this
paragraph is a written certification made by the Secretary of
Defense, in consultation with the Secretary of State, that the
government of the foreign country or the recognized leadership
of the foreign entity to which the individual detained at
Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains effective control over each detention
facility in which an 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 agreed to take effective steps to ensure
that the individual cannot take action to threaten the
United States, its citizens, or its allies in the
future;
(E) has taken such steps as the Secretary
determines are necessary to ensure that the individual
cannot engage or reengage in any terrorist activity;
(F) has agreed to share any information with the
United States 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
(G) has agreed to allow appropriate agencies of the
United States to have access to the individual, if
requested.
(3) Prohibition on transfer in cases of recidivism.--
(A) Prohibition.--The Secretary of Defense may not
transfer any individual detained at Guantanamo to the
custody or effective 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 detained at Guantanamo who was
transferred to the foreign country or entity and
subsequently engaged in any terrorist activity.
(B) Waiver.--The Secretary of Defense may waive the
prohibition in subparagraph (A) if the Secretary
determines that such a transfer is in the national
security interests of the United States and includes,
as part of the certification described in paragraph (2)
relating to such transfer, the determination of the
Secretary under this paragraph.
(4) Limitation on applicability.--Paragraphs (1) and (3)
shall not apply to any action taken by the Secretary of Defense
to transfer any individual detained at Guantanamo to effectuate
an order affecting the disposition of the individual that is
issued by a court or competent tribunal of the United States
having lawful jurisdiction. The Secretary shall notify Congress
promptly upon issuance of any such order.
(b) Definition of Foreign Terrorist Organization.--In this section
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).
SEC. 1041. 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. 1042. REQUIREMENT FOR DEPARTMENT OF JUSTICE CONSULTATION REGARDING
PROSECUTION OF TERRORISTS.
(a) In General.--Before any officer or employee of the Department
of Justice institutes any prosecution of an alien in a United States
district court for a terrorist offense, the Attorney General, Deputy
Attorney General, or Assistant Attorney General for the Criminal
Division, shall consult with the Director of National Intelligence and
the Secretary of Defense about--
(1) whether the prosecution should take place in a United
States district court or before a military commission under
chapter 47A of title 10, United States Code; and
(2) whether the individual should be transferred into
military custody for purposes of intelligence interviews.
(b) Definitions.--In this section--
(1) the term ``terrorist offense'' means any offense for
which the defendant could be tried by a military commission
under chapter 47A of title 10, United States Code; and
(2) the term ``alien'' means any person who is not a
citizen of the United States.
SEC. 1043. PROHIBITION ON UNITED STATES CITIZENSHIP FOR DETAINEES
REPATRIATED TO THE FEDERATED STATES OF MICRONESIA, THE
REPUBLIC OF PALAU, AND THE REPUBLIC OF THE MARSHALL
ISLANDS.
(a) Prohibition on Citizenship.--Notwithstanding the Compact of
Free Association, an individual described in subsection (b) who has
been repatriated to the Federated States of Micronesia, the Republic of
Palau, or the Republic of the Marshall Islands may not be afforded the
rights and benefits put forth in the Compact of Free Association.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is located at United States Naval Station, Guantanamo
Bay, Cuba, on or after September 11, 2001, while--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
SEC. 1044. SENSE OF CONGRESS REGARDING THE EFFORTS BY THE DEPARTMENT OF
DEFENSE TO KEEP AMERICA SAFE FROM TERRORIST ATTACKS SINCE
9/11.
(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, at least 30 planned terrorist
attacks have been foiled and Special Operation forces completed
the mission to kill Osama bin Laden.
(2) The Department of Defense and the Armed Services have
worked diligently and honorably to protect citizens at home and
abroad.
(3) The Department of Defense and the Armed Services are
meeting the challenges of the global struggle against
terrorism.
(b) Sense of Congress.--It is the sense of Congress that--
(1) we continue to affirm our commitment to support the
Department of Defense and the United States Armed Forces;
(2) we recognize that the Department of Defense and the
United States Armed Forces have worked diligently and honorably
to protect citizens of the United States at home and abroad;
(3) we recognize that the Department of Defense and the
United States Armed Forces are meeting the challenges of the
global struggle against terrorism;
(4) we commend the men and women of the Department of
Defense and the United States Armed Forces for the tremendous
commitment to keeping our country safe; and
(5) we honor the Department of Defense and the United
States Armed Forces for their success in preventing terrorist
attacks on U.S. soil and around the world since 9/11.
SEC. 1045. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO
AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES.
(a) Purpose and Findings.--
(1) 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.
(2) Findings.--Congress makes the following findings:
(A) In Iraq, Afghanistan, and other areas where
stabilization operations are carried out, the lack of
an integrated, coordinated planning effort in which the
goals, objectives, and priorities of the United States
effort and the roles and missions of the various
agencies of the United States were clearly delineated
has hampered the efforts of the United States in such
operations and may have contributed to increased costs
in funding, time, effort, and other terms.
(B) The fight against al-Qaeda and its violent
extremist affiliates, and the threat to the United
States by transnational terrorism, will continue for
the foreseeable future.
(C) A key component of success in the struggle
against al-Qaeda and its violent extremist affiliates
is the ability to deny safe havens to al-Qaeda, its
violent extremist affiliates, and other violent
extremist organizations, and United States national
security interests will sometimes require the United
States to assist in building the capabilities of other
countries and entities to deny such violent extremist
organizations safe havens and to participate in
regional efforts to deny such violent extremist
organizations safe havens.
(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.
(5) Submittal to congress.--Not later than 15 days after
the President issues the guidance required under paragraph (1)
or reviews or updates such guidance under paragraph (3), the
President shall submit to the Committees on Armed Services and
Foreign Affairs of the House of Representatives and the
Committees on Armed Services and Foreign Relations of the
Senate a copy of such guidance.
(c) Implementation.--
(1) Memorandum of understanding required.--The head of each
agency listed in the national security planning guidance
required under subsection (b) shall enter into a memorandum of
understanding regarding matters related to the implementation
of such guidance.
(2) Matters covered.-- The memorandum of understanding
required by paragraph (1) shall include each of the following:
(A) An identification of the positions supplied by
each department or agency to country teams or teams and
the appropriate combatant command in each specified
geographic area that are critical for carrying out the
national security planning guidance.
(B) The criteria used by each department or agency
for the selection of appropriate personnel to fill the
positions identified as critical pursuant to
subparagraph (A), including the manner of soliciting
the input from other departments and agencies regarding
appropriate personnel and expertise.
(C) The manner in which performance in furtherance
of the national security planning guidance shall be
considered in evaluating the performance of personnel
designated to fill the positions identified as critical
pursuant to subparagraph (A), including the
consideration of input from personnel from other
departments and agencies who filled senior positions on
the country team or relevant combatant command, in
particular the appropriate United States ambassador.
(D) The manner for implementing lessons learned in
the course of reviewing the performance of a country
team or multiple country teams and relevant combatant
command in the course of reviewing the national
security planning guidance under subsection (b)(3).
(E) The manner in which disputes related to
carrying out the national security planning guidance
between members of the country team, the relevant
combatant command, or departments and agencies shall be
handled.
(3) Implementation of memorandum of understanding.-- Not
later than 120 days after the memorandum of understanding
required by paragraph (1) is signed, the heads of those
departments and agencies listed in the national security
planning guidance shall issue such policies and guidance and
prescribe such regulations as are necessary to implement the
memorandum of understanding for the relevant matters pertaining
to their respective departments and agencies.
(4) Update and review.--The memorandum of understanding as
required under paragraph (1) shall be updated and reviewed as
necessary, but at a minimum shall be reviewed with each review
of the national security planning guidance under subsection
(b)(3).
SEC. 1046. TRIAL OF FOREIGN TERRORISTS.
After the date of the enactment of this Act, any foreign national,
who--
(1) engages or has engaged in conduct constituting an
offense relating to a terrorist attack against persons or
property in the United States or against any United States
Government property or personnel outside the United States; and
(2) is subject to trial for that offense by a military
commission under chapter 47A of title 10, United States Code;
shall be tried for that offense only by a military commission under
that chapter.
Subtitle E--Nuclear Forces
SEC. 1051. ANNUAL 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, as
amended by section 1071 and 1072, is further amended by adding after
section 490a the following new section:
``Sec. 490b. Annual assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and control
system
``(a) Annual Assessments.--(1) Each covered official shall annually
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) Annual Report.--(1) Not later than December 1 of each year,
beginning in 2011, 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, beginning in 2012, 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, beginning in 2012, 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) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
490a the following new item:
``490b. Annual assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and
control system.''.
SEC. 1052. PLAN ON IMPLEMENTATION OF THE NEW START TREATY.
(a) Plan Required.--Not later than December 12, 2011, 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. 1053. ANNUAL REPORT ON THE PLAN FOR THE MODERNIZATION OF THE
NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND
DELIVERY PLATFORMS.
(a) Report on the Plan for the Nuclear Weapons Stockpile, Nuclear
Weapons Complex, and Delivery Platforms.--
(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 to--
(A) enhance the safety, security, and reliability
of the nuclear weapons stockpile of the United States;
(B) modernize the nuclear weapons complex;
(C) maintain, modernize, or replace the delivery
platforms for nuclear weapons; and
(D) retire, dismantle, or eliminate any covered
nuclear 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 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 platforms for nuclear
weapons.
(D) A detailed estimate of budget requirements,
including the costs associated with the plans outlined
under subparagraphs (A) through (C), over the 10-year
period following the date of the report.
(E) A detailed description of the steps taken to
implement the plan submitted 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.
(c) Covered Nuclear System Defined.--The term ``covered nuclear
system'' means the following:
(1) B-52H or B2 bomber aircraft and nuclear air-launched
cruise missiles.
(2) Trident ballistic missile submarines, launch tubes, and
Trident D-5 submarine-launched ballistic missiles.
(3) Minuteman III intercontinental ballistic missiles and
associated silos.
(4) Nuclear warheads or gravity bombs that can be delivered
by the systems specified in paragraph (1), (2), or (3).
(5) Nuclear weapons delivered by means other than the
systems specified in paragraph (1), (2), or (3).
SEC. 1054. SENSE OF CONGRESS ON NUCLEAR FORCE REDUCTIONS.
(a) Findings.--Congress finds the following:
(1) As of September 30, 2009, the stockpile of nuclear
weapons of the United States has been reduced by 84 percent
from its maximum level in 1967 and by more than 75 percent from
its level when the Berlin Wall fell in November 1989.
(2) The number of non-strategic nuclear weapons of the
United States has declined by approximately 90 percent from
September 30, 1991, to September 30, 2009.
(3) The Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms (commonly known as the
``New START Treaty'') signed on April 8, 2010, and entered into
force on February 5, 2011, will significantly reduce the
strategic nuclear forces of the United States to 1,550 deployed
warheads and a combined limit of 800 deployed and nondeployed
intercontinental ballistic missile launchers, submarine
launched ballistic missile launchers, and heavy bombers
equipped to carry nuclear weapons.
(4) The Nuclear Posture Review of April 2010 stated that,
``the President has directed a review of potential future
reductions in U.S. nuclear weapons below New START levels.''.
(b) Sense of Congress.--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. 1055. LIMITATION ON NUCLEAR FORCE REDUCTIONS.
(a) Findings.--Congress finds the following:
(1) As of September 30, 2009, the stockpile of nuclear
weapons of the United States has been reduced by 84 percent
from its maximum level in 1967 and by more than 75 percent from
its level when the Berlin Wall fell in November 1989.
(2) The number of non-strategic nuclear weapons of the
United States has declined by approximately 90 percent from
September 30, 1991, to September 30, 2009.
(3) The President of the United States, in a letter dated
December 18, 2010, declared that, ``I recognize that nuclear
modernization requires investment for the long-term, in
addition to this one-year budget increase. That is my
commitment to the Congress that my Administration will pursue
these programs and capabilities for as long as I am President.
In future years, we will provide annual updates to the [report
required under section 1251 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2549)].''.
(4) On March 29, 2011, the Assistant to the President for
National Security Affairs stated, ``As we implement New START,
we're making preparations for the next round of nuclear
reductions. Under the President's direction, the Department of
Defense will review our strategic requirements and develop
options for further reductions in our current nuclear
stockpile, which stands at approximately 5,000 warheads,
including both deployed and reserve warheads. To develop these
options for further reductions, we need to consider several
factors, such as potential changes in targeting requirements
and alert postures that are required for effective
deterrence.''.
(b) Implementation of New START Treaty.--
(1) Limitation.--
(A) Except as provided by paragraph (2) or (4), the
Secretary of Defense and the Secretary of Energy may
not obligate or expend amounts appropriated or
otherwise made available to the Department of Defense
or the Department of Energy for any of fiscal years
2011 through 2017 to retire any covered nuclear system
of the United States as required by the New START
Treaty.
(B) Nothing in subparagraph (A) shall be construed
to limit any action (including verification) required
by the New START Treaty other than retiring any covered
nuclear system of the United States.
(2) Waiver.--The Secretary of Defense and the Secretary of
Energy may jointly waive the limitation under paragraph (1)(A)
for a covered nuclear system if--
(A) the Secretaries submit to the congressional
defense committees written notice of the status of
carrying out the modernization plan described in the
most recent report required by section 1053; and
(B) with respect to such notice--
(i) if the notice describes that such plan
is being carried out, a period of 30 days has
elapsed following the date on which the
President submits to the congressional defense
committees such report that includes written
notice of the proposed retirement of such
nuclear system, as required by subsection
(a)(1)(D) of such section 1053; or
(ii) if the notice describes that such plan
is not being carried out, a period of 180 days
has elapsed following the date on which the
President submits to the congressional defense
committees the report described in clause (i).
(3) Definitions.--In this subsection:
(A) The term ``covered nuclear systems'' means the
following:
(i) B-52H or B2 bomber aircraft and nuclear
air-launched cruise missiles.
(ii) Trident ballistic missile submarines,
launch tubes, and Trident D-5 submarine-
launched ballistic missiles.
(iii) Minuteman III intercontinental
ballistic missiles and associated silos.
(iv) Nuclear warheads or gravity bombs that
can be delivered by the systems specified in
clause (i), (ii), or (iii).
(v) Nuclear weapons delivered by means
other than the systems specified in clause (i),
(ii), or (iii).
(B) The term ``retire'', with respect to a covered
nuclear system, includes retiring, dismantling,
eliminating, removing from deployed status or preparing
to retire, dismantle, eliminate, or remove from
deployed status.
(4) Exception.--The limitation in paragraph (1)(A) shall
not apply with respect to activities determined by the
Secretary of Defense to be necessary to ensure the continued
safety, security, and reliability of the nuclear weapons
stockpile.
(c) Prohibition on Reduction of Stockpile Hedge.--
(1) In general.--The Secretary of Defense and the Secretary
of Energy may not obligate or expend amounts appropriated or
otherwise made available to the Department of Defense or the
Department of Energy to retire, dismantle, or eliminate, or
prepare to retire, dismantle, or eliminate, any nondeployed
strategic or non-strategic nuclear weapon until the date that
is 90 days after the date on which the Secretary of Energy
submits to the congressional defense committees written
certification that--
(A) the Chemistry and Metallurgy Research
Replacement nuclear facility (in this paragraph
referred to as the ``nuclear facility'') and the
Uranium Processing Facility (in this paragraph referred
to as the ``processing facility'') are fully
operational;
(B) the nuclear facility and the Plutonium
Facility-4 are together able to deliver to the nuclear
weapons stockpile not less than a total of 80 pits per
year;
(C) the processing facility is able to deliver to
the nuclear weapons stockpile not less than 80
refurbished or new canned subassemblies per year; and
(D) the nuclear security enterprise has a capacity
that supports two simultaneous life extension programs.
(2) Exception.--The limitation in paragraph (1) shall not
apply with respect to--
(A) the dismantlement of legacy warheads that are
awaiting dismantlement on the date of the enactment of
this Act or have been designated for retirement by the
date of the enactment of this Act; or
(B) activities determined by the Secretary of
Defense to be necessary to ensure the continued safety,
security, and reliability of the nuclear weapons
stockpile.
(d) Prohibition on Unilateral Reduction of Nuclear Weapons.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130e. Prohibition on unilateral reduction of nuclear weapons
``(a) In General.--Except as provided by subsection (c), the
President may not retire, dismantle, or eliminate, or prepare to
retire, dismantle, or eliminate, any nuclear weapon of the United
States (including such deployed weapons and nondeployed weapons and
warheads in the nuclear weapons stockpile) if such action would reduce
the number of such weapons to a number that is less than the level
described in the New START Treaty unless such action is--
``(1) required by a treaty or international agreement
specifically approved with the advice and consent of the Senate
pursuant to Article II, section 2, clause 2 of the
Constitution; or
``(2) specifically authorized by an Act of Congress.
``(b) 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.
``(c) Exception.--Subsection (a) shall not apply with respect to
activities determined by the Secretary of Defense to be necessary to
ensure the continued safety, security, and reliability of the nuclear
weapons stockpile.''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130d the following new item:
``130e. Prohibition on unilateral reduction of nuclear weapons.''.
(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.
SEC. 1056. NUCLEAR EMPLOYMENT STRATEGY.
(a) Findings.--Congress finds the following:
(1) Section 1057 of H.R. 5136, as passed by the House of
Representatives during the 111th Congress, included a
requirement that any future reductions of the nuclear forces of
the United States below the level described in the New START
Treaty be contingent on the certification by the Secretary of
Defense that ``such reduction does not require a change in
targeting strategy from counterforce targeting to countervalue
targeting''.
(2) On March 29, 2011, the Assistant to the President for
National Security Affairs stated, ``As we implement New START,
we're making preparations for the next round of nuclear
reductions. Under the President's direction, the Department of
Defense will review our strategic requirements and develop
options for further reductions in our current nuclear
stockpile, which stands at approximately 5,000 warheads,
including both deployed and reserve warheads. To develop these
options for further reductions, we need to consider several
factors, such as potential changes in targeting requirements
and alert postures that are required for effective
deterrence.''.
(b) Changes to Strategy.--The President may not make any changes to
the nuclear employment strategy of the United States unless--
(1) the President submits to the appropriate congressional
committees a report on such proposed changes, including--
(A) 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;
(B) certification that such proposed changes do not
require a change in targeting strategy from
counterforce targeting to countervalue targeting; and
(C) certification that such proposed changes
preserve the nuclear force structure triad composed of
land-based intercontinental ballistic missiles,
submarine-launched ballistic missiles, and strategic
bomber aircraft; and
(2) a period of 90 days has elapsed after the date on which
such report under paragraph (1) is submitted.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1057. 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 appropriate congressional 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).
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle F--Financial Management
SEC. 1061. AMENDMENTS RELATING TO FINANCIAL MANAGEMENT WORKFORCE.
(a) Authority to Develop Policies and Procedures.--Section 1599d of
title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as (e) and
(f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Policies and Procedures.--Subject to the authority,
direction, and control of the Secretary of Defense, the Under Secretary
of Defense for Personnel and Readiness, in consultation with the Under
Secretary of Defense (Comptroller) shall develop policies and
procedures related to the financial management workforce in the
Department of Defense.''.
(b) Revision in Terminology.--Such section is further amended--
(1) in the section heading, by striking ``Professional
accounting'' and inserting ``Financial management''; and
(2) in subsection (a), by striking ``professional
accounting'' and inserting ``financial management''.
(c) Revision in Definition.--Subsection (f) of such section (as so
redesignated) is amended to read as follows:
``(f) Definition.--In this section, the term `financial management
position' means a position or group of positions in the General
Schedule 500 occupational series, which perform, supervise, or manage
work of a fiscal, financial management, accounting, auditing, or
budgetary nature.''.
SEC. 1062. 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. 1063. FINANCIAL MANAGEMENT PERSONNEL COMPETENCY ASSESSMENT.
(a) Identification of Personnel and Skills.--Within 60 days after
the date of the enactment of this Act, the Chief Management Officer of
the Department of Defense, in coordination with the Chief Management
Officer of each military department, shall identify the number of
financial management personnel and the financial and budgetary skills
required--
(1) to effectively perform financial and budgetary
accounting, including reconciling fund balances with the
Treasury;
(2) to document processes and maintain internal controls
for financial and budgetary accounting cycles; and
(3) to maintain professional certification standards.
(b) Competency Assessment.--
(1) Guidance.--Within 120 days after the date of the
enactment of this Act, the Under Secretary of Defense
(Comptroller) and the Under Secretary of Defense for Personnel
and Readiness shall issue joint guidance regarding the
assessment of the competency of the Department of Defense
financial management personnel to perform the financial and
budgetary skills identified pursuant to subsection (a).
(2) Competency assessment.--Following the issuance of the
joint guidance required by paragraph (1), the Chief Management
Officer of the Department of Defense, in the case of the
Defense Finance and Accounting Service or other Defense Agency,
and the Chief Management Officers of the military departments,
shall each conduct a competency assessment of the financial
management personnel of the Defense Agencies and the military
departments, respectively.
(3) Reports and corrective action plans.--Each Chief
Management Officer shall prepare and submit to the Secretary
Defense a report on each competency assessment conducted, along
with a corrective action plan for any skill gaps identified,
within 180 days after the date of the enactment of this Act.
The report should include a corrective action plan for each
skills gap identified, including--
(A) near-term and longer-term measures for
resolution;
(B) assignment of responsibilities for corrective
action, and
(C) establishment of milestones for completing
corrective actions.
(c) Report to Congress.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the competency
assessments and corrective action plans of the Chief Management
Officers.
(d) Long Term Monitoring.--Each Chief Management officer shall
designate, and include in the report submitted to the Secretary under
subsection (b)(3), the accountable office to be involved in the
corrective action process, including monitoring the progress in
implementing corrective actions and determining whether additional
action is needed to expedite the corrective action process.
(f) Definition.--In this section, the term ``financial management
personnel'' means--
(1) civilian personnel in the General Schedule 500
occupational series who perform, supervise, or manage work of a
fiscal, financial management, accounting, auditing, or
budgetary nature; and
(2) members of the Armed Forces who have a military
occupational specialty involving duties similar to the duties
of the civilian personnel referred to in paragraph (1) or who
otherwise perform, supervise, or manage work of a fiscal,
financial management, accounting, auditing, or budgetary
nature.
SEC. 1064. 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.
SEC. 1065. BUSINESS CASE ANALYSIS FOR DEPARTMENT OF DEFENSE
EFFICIENCIES.
(a) Assessment.--The Comptroller General of the United States shall
carry out an assessment of the extent to which components of the
Department of Defense conducted a business case analysis prior to
recommending and implementing efficiencies initiatives. In carrying out
the assessment, the Comptroller General shall--
(1) use a case study approach;
(2) identify best practices used by components of the
Department of Defense; and
(3) identify deficiencies in the analysis conducted.
(b) 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 of the assessment required by
subsection (a). The report shall include the Comptroller General's
recommendations relating to the appropriate application of business
case analysis and best practices that should be adopted by the
Department of Defense prior to the implementation of any future effort
to identify savings in defense operations.
(c) Definition.--In this section, the term ``efficiencies
initiatives'' means initiatives led by the Secretary of Defense to
identify at least $100,000,000,000 in savings during fiscal years 2012
through 2016.
SEC. 1066. FINANCIAL IMPROVEMENT AND AUDIT READINESS PLAN.
(a) Funding.--The Secretary of Defense may obligate or expend funds
only for the execution of the Financial Improvement and Audit Readiness
plan of the Department of Defense submitted in accordance with section
881 of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383) from the amounts specified in the
subactivity groups for Financial Improvement and Audit Readiness in
section 4301.
(b) Inclusion of Subordinate Activities for Interim Milestones.--
For each interim milestone identified in the Financial Improvement and
Audit Readiness plan, 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 within each activity;
and
(3) mitigating strategies for correcting failed milestone
deadlines.
SEC. 1067. CORRECTIVE ACTION PLAN RELATING TO EXECUTION OF FINANCIAL
IMPROVEMENT AND AUDIT READINESS PLAN.
(a) Report Required.--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 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).
(b) Matters Covered.--The report shall include a corrective action
plan for any weaknesses and deficiencies in the execution of the
Financial Improvement and Audit Readiness. The corrective action plan
shall--
(1) identify near-term and longer-term measures for
resolution of any such weaknesses and deficiencies;
(2) assign responsibilities in the Department of Defense
for actions to implement such measures;
(3) specify steps for implementation of such measures; and
(4) provide timeframes for implementation of such measures.
Subtitle G--Studies and Reports
SEC. 1071. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Annual Joint Report From Office of Management and Budget and
Congressional Budget Office on Scoring of Outlays in Defense Budget
Function.--
(1) Repeal.--Chapter 9 of title 10, United States Code, is
amended by striking section 226.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 226.
(b) Miscellaneous Studies and Reports.--
(1) Repeal.--Chapter 23 of title 10, United States Code, is
amended by striking sections 484, 487, and 490.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the items
relating to sections 484, 487, and 490.
(c) Biennial Report on Global Positioning System.--Section 2281 of
title 10, United States Code, is amended by striking subsection (d) and
redesignating subsection (e) as subsection (d).
(d) Annual Report on Fisher Houses.--Section 2493 of title 10,
United States Code, is amended by striking subsection (g).
(e) Annual Report on Public Sales of Military Equipment.--
(1) In general.--Chapter 153 of title 10, United States
Code, is amended by striking section 2582.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 2582.
(f) Annual Report on the Chief of Navy Reserve.--Section 5143 of
title 10, United States Code, is amended by striking subsection (e).
(g) Requests for Identification of Nominating Authority for Persons
Appointed to the Naval Academy.--Section 6954 of title 10, United
States Code, is amended by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g), respectively.
(h) Biennial Report on Educational Assistance for Members of the
Selected Reserve.--
(1) Repeal.--Chapter 1606 of title 10, United States Code,
is amended by striking section 16137.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 16137.
(i) Annual Report on Ready Reserve.--Section 12302(b) of title 10,
United States Code, is amended by striking the last sentence.
(j) Report on Science and Technology Investment Strategy.--Section
1504 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4650; 10 U.S.C. 2358 note) is
amended by striking subsection (c).
(k) Review and Determination of Certain Contracts for Telephone
Services.--Section 885(a)(2) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 265; 10 U.S.C. 2304
note) is amended by striking the second sentence.
(l) Quarterly Reports on Department of Defense Response to Threat
Posed by Improvised Explosive Devices.--The John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended by striking section 1402.
(m) Congressional Notification Regarding Base Closure and
Realignment Activities.--Section 2405 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) is
amended by striking subsection (d).
(n) Annual Report on Medical Readiness Plan.--Section 731 of the
Ronald Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375) is amended by striking subsection (c).
(o) Report on Requirements to Reduce Backlog in Maintenance and
Repair of Defense Facilities.--The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398) is amended by striking section 374.
(p) Semiannual Reports on Situation in the Balkans.--Section 1212
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-
326) is amended by striking subsections (c) and (d).
(q) Semiannual Report on Kosovo Peacekeeping.--The Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398) is amended by striking section 1213.
(r) Annual Report on United States Military Activities in
Colombia.--The National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) is amended by striking section 1025.
(s) Annual Certification on Military-to-military Exchange With
People's Liberation Army of the People's Republic of China.--Section
2101 of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 782; 10 U.S.C. 168 note) is amended by
striking subsection (d).
(t) Annual Report on the Armed Forces Retirement Home.--Section
1511 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is
amended by striking subsection (h) and redesignating subsection (i) as
subsection (h).
(u) Annual Report on Supplemental Subsistence Allowance.--Section
402a of title 37, United States Code, is amended by striking subsection
(f) and redesignating subsections (g) and (h) as subsections (f) and
(g), respectively.
SEC. 1072. BIENNIAL REVIEW OF REQUIRED REPORTS.
(a) In General.--Chapter 23 of title 10, United States Code, as
amended by section 1071, is further amended by adding at the end the
following new section:
``Sec. 490a. Biennial review of required reports
``(a) Review of Congressional Reports.--The Secretary of Defense
shall conduct a review, on a biennial basis, all of the reports
required to be submitted to Congress of the Department of Defense. In
conducting each such review, the Secretary shall evaluate the content,
quality, cost, and timeliness of the Department's compliance with the
requirement to submit each report by the date required.
``(b) Submission of Recommendations for Repeal or Modification of
Congressional Report Requirements.--The Secretary may, not later than
March 1 of the year in which a review under subsection (a) is
conducted, recommend to the appropriate congressional committees the
repeal or modification of a report requirement identified in the
review. Any such recommendation shall include--
``(1) a detailed justification for the repeal or
modification of the report requirement; and
``(2) recommendations for reducing cost and improving the
efficiency of the Department of Defense in responding to
congressional report requirements.
``(c) Review of Department of Defense Internal Reports.--(1) The
Secretary of Defense shall conduct a review, on a biennial basis, the
reports internal to the Department of Defense. Each such review shall
include--
``(A) the reports required by the Office of the Secretary
of Defense and the military departments;
``(B) the reports required by the secretaries of each
military department of their respective military departments;
and
``(C) other reporting requirements internal to the
Department of Defense as designated for review by the
Secretary.
``(2) Based on the findings of a review conducted under paragraph
(1), the Secretary shall--
``(A) identify report requirements that are redundant,
overly burdensome, of limited value, unjustifiably costly, or
otherwise determined to unduly reduce the efficiency of the
Department of Defense;
``(B) take such steps as may be necessary to eliminate or
modify such report requirements; and
``(C) include, in the budget justification materials
submitted to Congress in support of the Department of Defense
budget (as submitted with the budget of the President under
section 1105(a) of title 31) for a fiscal year following a year
in which a review is conducted under paragraph (1) a summary of
the cost reductions resulting from actions taken by the
Secretary pursuant to paragraph (2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``490a. Biennial review of required reports.''.
SEC. 1073. 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. 1074. 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. 1075. 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. 1076. REPORT ON HOMELAND DEFENSE ACTIVITIES.
Section 908(a) of title 32, United States Code, is amended by
adding at the end the following ``For any fiscal year during which no
assistance was provided, and no activities were carried out, under this
chapter, a report is not required to be submitted under this
section.''.
SEC. 1077. 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. 1078. REPORT ON CERTAIN UNNECESSARY OR UNWANTED DEPARTMENT OF
DEFENSE PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) On March 31, 2011, Secretary of Defense Gates testified
before the Armed Services Committee of the House of
Representatives that the initial cost of United States
operations in Libya was approximately $550,000,000 and was
estimated to cost an additional $40,000,000 a month after that.
(2) Secretary Gates testified that he was unaware of what
the total cost of United States assistance to Japan would be in
the aftermath of the earthquake, tsunami, and Fukushima Daiichi
incident, but indicated it would be less than $500,000,000.
(3) Secretary Gates testified that the Department of
Defense would not need to ask for more money to cover these
costs within the Overseas Contingency Operations accounts
because ``There's several billion dollars in there we can move
around. . . that would cover these costs. . . things that we
don't need or want.''.
(b) Determination.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall determine and
make publically available the programs funded through the Overseas
Contingency Operations accounts during the five-year period preceding
the date of the enactment of this Act that are unnecessary or unwanted.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representative
a report that contains the results of the determination required by
subsection (b). Such report shall include--
(1) a description of each program that the Secretary
determines is unnecessary or unwanted;
(2) a description of the amount authorized to be
appropriated and the amount authorized to be appropriated for
each fiscal year for each program described under paragraph
(1); and
(3) any other information the Secretary considers relevant.
SEC. 1079. 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 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 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, 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) progress made in achieving each organizational goal;
and
(2) modifications necessary 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. 1080. REPORT ON A DEPARTMENT OF DEFENSE RECYCLING PROGRAM FOR RARE
EARTH MATERIALS.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall prepare
and submit to the congressional defense committees a report on the
feasibility and desirability of recycling, recovering, and reprocessing
rare earth elements, including fluorescent lighting in Department of
Defense facilities and neodymium iron boron magnets used in weapon
systems and commercial off-the-shelf items such as computer hard
drives.
(b) Report.--The report required in subsection (a) shall contain,
at minimum, the following information:
(1) Amount and form of certain materials.--The amount and
form of fluorescent lighting materials containing rare earth
phosphors, such as terbium, europium, and yttrium, and the
amount of neodymium iron boron magnets containing neodymium and
dysprosium, currently being disposed of by or on behalf of the
Department of Defense.
(2) Estimate of amounts.--An estimate of the amount of rare
earth phosphors contained in such lighting materials and rare
earth metal, alloy, and magnet material that is potentially
available for recycling but is not currently recovered, using
data from the most recent year for which a reasonable estimate
can be made.
(3) Feasibility of recovery.--The feasibility and
desirability of recovering such rare earth phosphors and magnet
materials and making this material available for reprocessing
back into separated rare earth elements or reused as rare earth
magnet materials by private-sector entities.
(c) Definition.--For purposes of this section, the term ``rare
earth'' means any of the following chemical elements in any of their
physical forms or chemical combinations:
(1) Scandium.
(2) Yttrium.
(3) Lanthanum.
(4) Cerium.
(5) Praseodymium.
(6) Neodymium.
(7) Promethium.
(8) Samarium.
(9) Europium.
(10) Gadolinium.
(11) Terbium.
(12) Dysprosium.
(13) Holmium.
(14) Erbium.
(15) Thulium.
(16) Ytterbium.
(17) Lutetium.
SEC. 1080A. REPORT ON THE NATIONAL GUARD AND RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the National Guard and the
reserve components of the Armed Forces.
(b) Matters Included.--The report under subsection (a) shall
include a plan to--
(1) ensure that each military department has access to
trained, experienced, and ready members of the National Guard
and reserve components of the Armed Forces for any mission less
than war;
(2) capitalize on the gains made in the readiness of the
National Guard and the reserve components during the previous
10-year period; and
(3) ensure the total force is able to sustain commitments
throughout the world using the unique skills and capabilities
of the National Guard and the reserve components in a
predictable and consistent manner.
Subtitle H--Miscellaneous Authorities and Limitations
SEC. 1081. 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.
``(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 and shall specifically identify
officials in each military department who shall be delegated the
Secretary's authority under this section.''.
(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. 1082. LIMITATION ON PROCUREMENT AND FIELDING OF LIGHT ATTACK ARMED
RECONNAISSANCE AIRCRAFT.
(a) Required Review.--
(1) Review.--In the report on the quadrennial roles and
missions review required to be submitted not later than the
date on which the President submits the budget for fiscal year
2013, pursuant to section 118b of title 10, United States Code,
the Secretary of Defense shall specifically review the
capability of the elements of the Department of Defense
(including any office, agency, activity, or command described
in section 111(b) of such title) 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.--Except as provided by subsection (c) and (d), 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 on which--
(1) the Joint Requirements Oversight Council validates the
requirements for the development or procurement of such
aircraft to address a gap identified under subsection
(a)(2)(A); and
(2) the Under Secretary of Defense for Acquisition,
Technology, and Logistics approves the acquisition strategy for
such aircraft.
(c) Use of Funds for Previously Authorized Programs.--The
limitation in subsection (b) does not apply to a program for which
funding was authorized to be appropriated for a fiscal year before
fiscal year 2012.
(d) Waiver.--The Secretary of Defense may waive the limitation in
subsection (b) if the Secretary submits to the congressional defense
committees written certification that the procurement or fielding of
light attack armed reconnaissance aircraft is necessary to support
ongoing contingency operations in Afghanistan or Iraq.
SEC. 1083. USE OF STATE PARTNERSHIP PROGRAM FUNDS FOR CIVILIANS AND
NON-DEFENSE AGENCY PERSONNEL.
Of the funds made available to the National Guard for the State
Partnership Program, up to $3,000,000 may be made available to pay
travel and per diem costs associated with the participation of United
States and foreign civilian and non-defense agency personnel in
authorized National Guard State Partnership Program events conducted
both in the United States and in foreign partner countries.
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:
(1) The Tank Automotive Research, Development and
Engineering Center.
(2) The United States Army Communications-Electronics
Command.
(3) The United States Army Aviation and Missile Command.
(b) Waiver.--The 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. SENSE OF CONGRESS REGARDING DEPLOYMENT OF NATIONAL GUARD TO
SOUTHWESTERN BORDER OF UNITED STATES.
It is the sense of the Congress that the deployment of National
Guard personnel (as defined in section 101(c) of title 10, United
States Code) along the southwestern border of the United States for the
purposes of assisting United States Customs and Border Protection in
securing the international border between the United States and Mexico,
should continue through the end of fiscal year 2011.
SEC. 1086. REAUTHORIZATION OF AUTHORITY TO USE FUNDS FOR REINTEGRATION
ACTIVITIES IN AFGHANISTAN.
(a) Authority.--Subsection (a) of section 1216 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4392) is amended by striking ``fiscal year 2011''
and inserting ``fiscal year 2012''.
(b) Expiration.--Subsection (e) of such section is amended by
striking ``December 31, 2011'' and inserting ``December 31, 2012''.
SEC. 1087. RULES OF ENGAGEMENT FOR MEMBERS OF THE ARMED FORCES DEPLOYED
IN DESIGNATED HOSTILE FIRE AREAS.
The Secretary of Defense shall ensure that the rules of engagement
applicable to members of the Armed Forces assigned to duty in any
hostile fire area designated for purposes of section 310 or 351(a)(1)
of title 37, United States Code--
(1) fully protect the members' right to bear arms; and
(2) authorize the members to fully defend themselves from
hostile actions.
Subtitle I--Other Matters
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 adding after section 130e, as added by section 1055, the
following new section:
``Sec. 130f. Treatment under Freedom of Information Act of critical
infrastructure security information
``(a) Exemption.--Department of Defense critical infrastructure
security information that, if disclosed, may result in the disruption,
degradation, or destruction of operations, property, or facilities of
the Department of Defense, shall be exempt from disclosure pursuant to
section 552(b)(3) of title 5, if the Secretary of Defense determines
that 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
obtained by a State or local government from a Federal agency shall
remain under the control of the Federal agency, and a State or local
law authorizing or requiring such a government to disclose information
shall not apply to such critical infrastructure security information.
``(c) Department of Defense Critical Infrastructure Security
Information Defined.--In this section, the term `Department of Defense
critical infrastructure security information' means sensitive but
unclassified information related to critical infrastructure information
owned or operated by or on behalf of the Department of Defense that
could substantially facilitate the effectiveness of an attack designed
to destroy equipment, create maximum casualties, or steal particularly
sensitive military weapons including information regarding the securing
and safeguarding of explosives, hazardous chemicals, or pipelines.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section. Such regulations shall ensure
the consistent application of the exemption in subsection (a) across
the military departments and that specifically identify officials in
each military department who shall be delegated the Secretary's
authority under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``130f. 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.
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 ``demining
assistance''; and
(B) in paragraph (3)(A), by inserting ``,
stockpiled conventional munitions,'' after
``landmines'';
(2) in subsection (d)(2), by inserting ``, and whether such
assistance was primarily related to the humanitarian demining
efforts or stockpiled conventional munitions assistance'' after
``paragraph (1)''; and
(3) 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.''.
SEC. 1093. MANDATORY IMPLEMENTATION OF THE STANDING ADVISORY PANEL ON
IMPROVING COORDINATION AMONG THE DEPARTMENT OF DEFENSE,
THE DEPARTMENT OF STATE, AND THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT ON MATTERS OF NATIONAL
SECURITY.
Section 1054 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4605) is
amended--
(1) in subsection (a), by striking ``may'' and inserting
``shall'';
(2) in subsection (b)(5), by striking ``should be'' and all
that follows and inserting ``shall be appointed by not later
than March 30, 2012.'';
(3) in subsection (d)--
(A) by striking ``If the advisory panel is
established under subsection (a)'' and inserting ``By
not later than March 30, 2012''; and
(B) by striking ``, not later than 60 days after
the date of the final appointment of the members of the
advisory panel pursuant to subsection (b)(5),'';
(4) by striking subsection (e) and redesignating
subsections (f) through (i) as subsections (e) through (h),
respectively;
(5) in subsection (f)(2), as so redesignated, by striking
``Not later than December 31 of the year in which the interim
report is submitted under paragraph (1)'' and inserting ``Not
later than December 31 of each year during which the advisory
panel operates'';
(6) in subsection (g), as so redesignated, by striking
``December 31, 2012'' and inserting ``December 31, 2016''; and
(7) in subsection (h), as so redesignated, by striking
paragraph (3).
SEC. 1094. 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. 1095. 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. 1096. NATIONAL ROCKET PROPULSION STRATEGY.
(a) Findings.--Congress finds the following:
(1) The Secretary of Defense has undertaken numerous
reviews of the solid rocket motor and liquid rocket engine
propulsion industrial base, including pursuant to--
(A) section 915 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4329) (relating to the preservation of
the solid rocket motor industrial base);
(B) section 916 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4330) (relating to the implementation
plan to sustain solid rocket motor industrial base);
(C) section 917 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4330) (relating to the review and plan
on sustainment of liquid rocket propulsion systems
industrial base);
(D) section 1078 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2479) (relating to the plan for
sustainment of land-based solid rocket motor industrial
base); and
(E) section 1050 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 318) (relating to the report on solid
rocket motor industrial base).
(2) Multiple departments and agencies of the Federal
Government rely on the solid rocket motor and liquid rocket
engine propulsion industrial base, including the Department of
Defense, the National Reconnaissance Office, and the National
Aeronautics and Space Administration, and decisions made by one
agency may have severe ramifications on others.
(3) The planned end in 2011 of the Space Shuttle program
and the decision in 2010 by the President to terminate the
Constellation program of the National Aeronautics and Space
Administration have led to increased costs for rocket
propulsion systems for defense and intelligence programs that
rely on the rocket propulsion industrial base.
(4) According to the Air Force, the fiscal year 2012 budget
request for the Evolved Expendable Launch Vehicle has increased
by 50 percent over the fiscal year 2011 request in part due to
the uncertainty in the launch industrial and supplier base
resulting from decisions by the National Aeronautics and Space
Administration.
(5) According to the Navy, the unit cost for Trident II D5
rocket motors has increased 80 percent, in large part as a
result of the elimination of investment by the National
Aeronautics and Space Administration in solid rocket motors.
(b) 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.
(c) Strategy Required.--The President shall transmit to the
appropriate congressional committees a national rocket propulsion
strategy for the United States, including--
(1) 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;
(2) 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;
(3) 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;
(4) 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
(5) any other relevant information the President considers
necessary.
(d) 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. 1097. INCLUSION OF RELIGIOUS SYMBOLS AS PART OF MILITARY
MEMORIALS.
(a) Authority.--Chapter 21 of title 36, United States Code, is
amended by adding at the end the following new section:
``Sec. 2115. Inclusion of religious symbols as part of military
memorials
``(a) Inclusion of Religious Symbols Authorized.--To recognize the
religious background of members of the United States Armed Forces,
religious symbols may be included as part of--
``(1) a military memorial that is established or acquired
by the United States Government; or
``(2) a military memorial that is not established by the
United States Government, but for which the American Battle
Monuments Commission cooperated in the establishment of the
memorial.
``(b) Military Memorial Defined.--In this section, the term
`military memorial' means a memorial or monument commemorating the
service of the United States Armed Forces. The term includes works of
architecture and art described in section 2105(b) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2115. Inclusion of religious symbols as part of military
memorials.''.
SEC. 1098. 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) 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.
(e) Duration.--The program under subsection (a) shall terminate on
the date that is five years after the date of the enactment of this
Act.
(f) 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. 1098A. REPORT TO CONGRESS ON MAINTENANCE, REPAIR, AND OVERHAUL
CAPABILITY OF NAVY UNMANNED AERIAL SYSTEMS.
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 efforts being made to establish
maintenance, repair, and overhaul capability for Navy unmanned aerial
systems.
SEC. 1099. SENSE OF CONGRESS REGARDING THE KILLING OF OSAMA BIN LADEN.
(a) Findings.--Congress makes the following findings:
(1) Osama bin Laden was responsible for ordering the
attacks of September 11, 2001, that killed almost 3,000
American citizens.
(2) Osama bin Laden and his terrorist organization, al-
Qaeda, have been responsible for carrying out attacks on
innocent men and women around the world.
(3) The United States Special Operations Command organizes,
trains, and equips Special Operations Forces and is providing
those forces to the United States Central Command under whose
operational control they serve.
(4) Special Operations forces were able to complete the
mission to kill Osama bin Laden without United States
casualties.
(5) The killing of Osama bin Laden represents a milestone
victory in bringing to justice the mastermind of September 11,
2001.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Special Operations Forces provide a tremendous
service to the Nation; and
(2) the killing of Osama bin Laden is a major victory for
international justice and for the United States in the war
against terrorism and radical extremists.
SEC. 1099A. 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. 1099B. SUBMITTAL OF INFORMATION REGARDING INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives, and other appropriate committees of Congress, the
following information in connection with individuals formerly or
currently detained at United States Naval Station, Guantanamo Bay, Cuba
in the custody or under the effective control of the Department of
Defense:
(1) Information compiled in coordination with the Director
of National Intelligence relating to information or reports on
the locations of individuals who were formerly detained at
Guantanamo.
(2) Information compiled in coordination with the Attorney
General and the Director of National Intelligence relating to
the full Task Force assessments prepared for each such
individual by the Guantanamo Task Force established pursuant to
Executive Order No. 13492 and any Department of Defense
memoranda regarding the process for the review and transfer of
such individuals.
(3) Information compiled in coordination with the Director
of National Intelligence regarding any subsequent threat
assessment prepared by any element of the intelligence
community on any such individual who remains in detention or
for whom a decision to release or transfer is pending.
(b) Form of Submission.--All information required to be submitted
under this section shall be submitted--
(1) consistent with the protection of intelligence sources
and methods; or
(2) if disclosure would compromise such protection,
directly to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate in unredacted form.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) with respect to information described in paragraphs (1)
and (3) of subsection (a), the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate; and
(2) with respect to information described in paragraph (2)
of such subsection, the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate.
SEC. 1099C. EXHUMATION AND TRANSFER OF REMAINS OF DECEASED MEMBERS OF
THE ARMED FORCES BURIED IN TRIPOLI, LIBYA.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Defense shall take whatever steps may be necessary to--
(1) exhume the remains of any deceased members of the Armed
Forces of the United States buried at a burial site described
in subsection (b);
(2) transfer such remains to an appropriate forensics
laboratory to be identified;
(3) in the case of any remains that are identified,
transport the remains to a veterans cemetery located in
proximity, as determined by the Secretary, to the closest
living family member of the deceased individual or at another
cemetery as determined by the Secretary;
(4) for any member of the Armed Forces whose remains are
identified, provide a military funeral and burial; and
(5) in the case of any remains that are unable to be
identified, transport the remains to Arlington National
Cemetery for interment at the Tomb of the Unknowns.
(b) Burial Sites Described.--The burial sites described in this
subsection are the following:
(1) The mass burial site containing the remains of five
United States sailors located in Protestant Cemetery in
Tripoli, Libya.
(2) The mass burial site containing the remains of eight
United States sailors located near the walls of the Tripoli
Castle in Tripoli, Libya.
(c) Effective Date.--This section takes effect on the date on which
NATO's Operation Unified Protector or any successor operation
terminates.
SECTION 1099D. SENSE OF CONGRESS REGARDING THE RECOVERY OF THE REMAINS
OF CERTAIN MEMBERS OF THE ARMED FORCES KILLED IN THURSTON
ISLAND, ANTARCTICA.
(a) Findings.--Congress makes the following findings:
(1) Commencing August 26, 1946, though late February 1947
the United States Navy Antarctic Developments Program Task
Force 68, codenamed ``Operation Highjump'' initiated and
undertook the largest ever-to-this-date exploration of the
Antarctic continent.
(2) The primary mission of the Task Force 68 organized by
Rear Admiral Richard E. Byrd Jr. USN, (Ret) and led by Rear
Admiral Richard H. Cruzen, USN, was to do the following:
(A) Establish the Antarctic research base Little
America IV.
(B) In the defense of the United States of America
from possible hostile aggression from abroad - to train
personnel test equipment, develop techniques for
establishing, maintaining and utilizing air bases on
ice, with applicability comparable to interior
Greenland, where conditions are similar to those of the
Antarctic.
(C) Map and photograph a full two-thirds of the
Antarctic Continent during the classified, hazardous
duty/volunteer-only operation involving 4700 sailors,
23 aircraft and 13 ships including the first submarine
the U.S.S. Sennet, and the aircraft carrier the U.S.S.
Philippine Sea, brought to the edge of the ice pack to
launch (6) Navy ski-equipped, rocket-assisted R4Ds.
(D) Consolidate and extend United States
sovereignty over the largest practicable area of the
Antarctic continent.
(E) Determine the feasibility of establishing,
maintaining and utilizing bases in the Antarctic and
investigating possible base sites.
(3) While on a hazardous duty/all volunteer mission vital
to the interests of National Security and while over the
eastern Antarctica coastline known as the Phantom Coast, the
PBM-5 Martin Mariner ``Flying Boat'' ``George 1'' entered a
whiteout over Thurston Island. As the pilot attempted to climb,
the aircraft grazed the glacier's ridgeline and exploded within
5 seconds instantly killing Ensign Maxwell Lopez, Navigator and
Wendell ``Bud'' Hendersin, Aviation Machinists Mate 1st Class
while Frederick Williams, Aviation Radioman 1st Class died
several hours later. Six other crewmen survived including the
Captain of the ``George 1's'' seaplane tender U.S.S. Pine
Island.
(4) The bodies of the dead were protected from the
desecration of Antarctic scavenging birds (Skuas) by the
surviving crew wrapping the bodies and temporarily burying the
men under the starboard wing engine nacelle.
(5) Rescue requirements of the ``George-1'' survivors
forced the abandonment of their crewmates' bodies.
(6) Conditions prior to the departure of Task Force 68
precluded a return to the area to the recover the bodies.
(7) For nearly 60 years Navy promised the families that
they would recover the men: ``If the safety, logistical, and
operational prerequisites allow a mission in the future, every
effort will be made to bring our sailors home.''.
(8) The Joint POW/MIA Accounting Command twice offered to
recover the bodies of this crew for Navy.
(9) A 2004 NASA ground penetrating radar overflight
commissioned by Navy relocated the crash site three miles from
its crash position.
(10) The Joint POW/MIA Accounting Command offered to
underwrite the cost of an aerial ground penetrating radar (GPR)
survey of the crash site area by NASA.
(11) The Joint POW/MIA Accounting Command studied the
recovery with the recognized recovery authorities and national
scientists and determined that the recovery is only ``medium
risk''.
(12) National Science Foundation and scientists from the
University of Texas, Austin, regularly visit the island.
(13) The crash site is classified as a ``perishable site'',
meaning a glacier that will calve into the Bellingshausen Sea.
(14) The National Science Foundation maintains a presence
in area - of the Pine Island Glacier.
(15) The National Science Foundation Director of Polar
Operations will assist and provide assets for the recovery upon
the request of Congress.
(16) The United States Coast Guard is presently pursuing
the recovery of 3 WWII air crewmen from similar circumstances
in Greenland.
(17) On Memorial Day, May 25, 2009, President Barak Obama
declared: ``. . . the support of our veterans is a sacred
trust. . . we need to serve them as they have served us. . .
that means bringing home all our POWs and MIAs. . .''.
(18) The policies and laws of the United States of America
require that our armed service personnel be repatriated.
(19) The fullest possible accounting of United States
fallen military personnel means repatriating living American
POWs and MIAs, accounting for, identifying, and recovering the
remains of military personnel who were killed in the line of
duty, or providing convincing evidence as to why such a
repatriation, accounting, identification, or recovery is not
possible.
(20) It is the responsibility of the Federal Government to
return to the United States for proper burial and respect all
members of the Armed Forces killed in the line of duty who lie
in lost graves.
(b) Sense of Congress.-- In light of the findings under subsection
(a), Congress--
(1) reaffirms its support for the recovery and return to
the United States, the remains and bodies of all members of the
Armed Forces killed in the line of duty, and for the efforts by
the Joint POW-MIA Accounting Command to recover the remains of
members of the Armed Forces from all wars, conflicts and
missions;
(2) recognizes the courage and sacrifice of all members of
the Armed Forces who participated in Operation Highjump and all
missions vital to the national security of the United States of
America;
(3) acknowledges the dedicated research and efforts by the
US Geological Survey, the National Science Foundation, the
Joint POW/MIA Accounting Command, the Fallen American Veterans
Foundation and all persons and organizations to identify,
locate, and advocate for, from their temporary Antarctic grave,
the recovery of the well-preserved frozen bodies of Ensign
Maxwell Lopez, Naval Aviator, Frederick Williams, Aviation
Machinist's Mate 1ST Class, Wendell Hendersin, Aviation
Radioman 1ST Class of the ``George 1'' explosion and crash; and
(4) encourages the Department of Defense to review the
facts, research and to pursue new efforts to undertake all
feasible efforts to recover, identify, and return the well-
preserved frozen bodies of the ``George 1'' crew from
Antarctica's Thurston Island.
SEC. 1099E. REQUIREMENT THAT WRITTEN COMMUNICATIONS FROM CONGRESS BE
MADE PUBLIC BY DEPARTMENT OF DEFENSE.
Any written communication from Congress, including a committee of
the Senate or the House of Representatives, a member of Congress, an
officer of Congress, or a congressional staff member, recommending that
funds be committed, obligated, or expended on any project within a
program element set forth in the funding tables in division D of this
Act shall be made publicly available on the Internet by the receiving
entity of the Department of Defense, not later than 30 days after
receipt of such communication.
SEC. 1099F. SENSE OF CONGRESS REGARDING DEPLOYMENT OF ARMED FORCES
WITHOUT CONSIDERABLE DELIBERATION.
It is the sense of the Congress that before voting begins with
respect to funding of any deployment of the Armed Forces, Members of
the Congress--
(1) should designate a time period in which Members
consider the cultures, religions, ethnicities, geographies,
histories, and politics of nations and regions in which the
Armed Forces are engaged or are proposed to engage in military
action;
(2) should be given access to in-depth briefings on the
information described in paragraph (1); and
(3) fully consider and appreciate the enormous complexities
and uncertainties inherent in the military engagements of the
United States in certain regions, in particular the Middle
East.
SEC. 1099G. SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF A KOREAN
WAR NATIONAL MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) The Korean War was fought between the Republic of
Korea, with the assistance of 16 different nations including
the United States, and the Democratic People's Republic of
Korea and People's Republic of China from June 1950 to July
1953.
(2) This conflict was prompted by the invasion of the
Republic of Korea by the communist Democratic People's Republic
of Korea.
(3) 5,700,000 Americans served during the war and 36,574
died in the conflict, making it the fifth deadliest war in
United States history.
(4) 133 Congressional Medals of Honor were awarded for
service during the conflict.
(5) The first integration of black and white American
members of the Armed Forces in combat occurred during the
Korean War.
(6) The first use of helicopters and the first air-to-air
combat between modern jets occurred during the Korean War.
(7) There are currently an estimated 2,440,000 living
American veterans of the Korean War.
(8) The United Nations deployed troops into combat for the
first time during the Korean War.
(9) The conflict marked the first armed struggle between
democracy and communism, as well as the first time the advance
of communism was halted.
(10) After the signing of the Armistice Agreement on July
27, 1953, ending hostilities, there was established the
Demilitarized Zone, which has allowed the Republic of Korea to
grow into a dynamic and stable democracy while situated on the
border of one of the least free countries in the modern world.
(11) An official national museum honoring the conflict and
all those who served does not currently exist.
(b) Sense of Congress.--It is the sense of Congress that--
(1) efforts to increase education and public awareness of
the Korean War and to honor and promote gratitude for those who
served in the Korean War should be encouraged;
(2) the people who have demonstrated leadership and
spearheaded the development of a museum to promote awareness of
the Korean War and honor those who served in it should be
commended; and
(3) a national museum, to be located in Chicago, Illinois,
should be established to--
(A) educate visitors on the service, sacrifices,
and contributions of those who fought in Korea;
(B) honor Korean War veterans;
(C) preserve the legacy and history of the Korean
War conflict; and
(D) celebrate the advances in democracy and freedom
made by the people of the Republic of Korea.
SEC. 1099H. INTERAGENCY COLLABORATION.
The Assistant Secretary of Defense for Research and Engineering
shall collaborate with the Under Secretary for Science and Technology
of the Department of Homeland Security to identify equipment and
technology used by the Department of Defense that could be used by U.S.
Customs and Border Protection to improve the security of the
international borders between the United States and Mexico, and the
United States and Canada, by--
(1) detecting anomalies such as tunnels and breaches in
perimeter security;
(2) detecting the use of unauthorized vehicles;
(3) enhancing wide-area surveillance;
(4) using autonomous vehicles for security; and
(5) otherwise improving the enforcement of such borders.
SEC. 1099I. DESIGNATION OF ``TAPS'' AS NATIONAL SONG OF REMEMBRANCE.
(a) Designation.--Chapter 3 of title 36, United States Code, is
amended by adding at the end the following new section:
``Sec. 306. National Song of Remembrance
``(a) Designation.--The bugle call commonly known as `Taps',
consisting of 24 notes sounded on a bugle or trumpet performed by a
solo bugler or trumpeter without accompaniment or embellishment, is the
National Song of Remembrance.
``(b) Conduct During Sounding.--
``(1) In general.--During a performance of `Taps' at a
military funeral, memorial service, or wreath laying--
``(A) all present, except persons in uniform,
should stand at attention with the right hand over the
heart;
``(B) men not in uniform should remove their
headdress with their right hand and hold the headdress
at the left shoulder, the hand being over the heart;
and
``(C) persons in uniform should stand at attention
and give the military salute at the first note of
`Taps' and maintain that position until the last note.
``(2) Exception.--Paragraph (1) shall not apply when `Taps'
is sounded as the final bugle call of the day at a military
base.
``(c) Definition of Military Base.--In this section, the term
`military base' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility.''.
(b) Conforming and Clerical Amendments.--
(1) Chapter heading.--The heading of chapter 3 of title 36,
United States Code, is amended to read as follows:
``CHAPTER 3--NATIONAL ANTHEM, MOTTO, AND OTHER NATIONAL DESIGNATIONS''.
(2) Table of chapters.--The item relating to chapter 3 in
the table of chapters for such title is amended to read as
follows:
``3. National Anthem, Motto, and Other National Designations 301''.
(3) Table of sections.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``306. National Song of Remembrance.''.
SEC. 1099J. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND
PREPAREDNESS.
It is the sense of the Congress that--
(1) the United States Northern Command plays a crucial role
in providing additional response capability to State and local
governments in domestic disaster relief and consequence
management operations;
(2) the United States Northern Command must continue to
build upon its current efforts to develop command strategies,
leadership training, and response plans to effectively work
with civil authorities when acting as the lead agency or a
supporting agency; and
(3) the United States Northern Command should leverage
whenever possible training and management expertise that
resides within the Department of Defense, other Federal
agencies, State and local governments, and private sector
businesses and academic institutions to enhance--
(A) its Defense Support to Civil Authorities and
incidence management missions;
(B) relationships with other entities involved in
disaster response; and
(C) its ability to respond to unforeseen events.
SEC. 1099K. OFFICIAL RECOGNITION OF SALEM, MASSACHUSETTS, AS THE
BIRTHPLACE OF THE NATIONAL GUARD OF THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) In 1629, Captain John Endicott organized the first
militia in the Massachusetts Bay Colony in Salem.
(2) The colonists had adopted the English militia system,
which required all males between the ages of 16 and 60 to
possess arms and participate in the defense of the community.
(3) In 1636, the Massachusetts General Court ordered the
organization of three militia regiments, designated as the
North, South, and East regiments.
(4) These regiments drilled once a week and provided guard
details each evening to sound the alarm in case of attack.
(5) The East Regiment, the predecessor of the 101st
Engineer Battalion, assembled as a regiment for the first time
in 1637 on the Salem Common, marking the beginning of the
Massachusetts National Guard and the National Guard of the
United States.
(6) Since 1785, Salem's own Second Corps of Cadets (101st
and 102nd Field Artillery) has celebrated the anniversary of
that first muster.
(7) As the policy contained in section 102 of title 32,
United States Code, clearly expresses, the National Guard
continues its historic mission of providing units for the first
line defense of the United States and current missions
throughout the world.
(8) The designation of the City of Salem, Massachusetts, as
the Birthplace of the National Guard of the United States will
contribute positively to tourism and economic development in
the city, create jobs, and instill pride in both the local and
State communities.
(b) Recognition.--Section 102 of title 32, United States Code, is
amended--
(1) by striking ``In accordance'' and inserting ``(a)
Statement of Policy.--In accordance''; and
(2) by adding at the end the following new subsection:
``(b) Recognition of Salem, Massachusetts, as National Guard
Birthplace.--The City of Salem, Massachusetts, the site of the first
muster of a militia regiment in 1637 in what became the United States,
is hereby recognized as the Birthplace of the National Guard of the
United States.''.
SEC. 1099L. REPORT ON THE MANUFACTURING POLICY OF THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) For many years, manufacturing has been the backbone of
the United States economy, leading to good jobs, technological
innovation, and the production of high quality commodities.
(2) In addition, the superiority of the United States
manufacturing industry ensured a reliable supply of raw and
finished goods to support the defense and security operations
of the United States Government.
(3) Over the past few decades, the manufacturing industry
of the United States and the jobs associated with it have
suffered a dramatic decline as manufacturing processes have
been outsourced to foreign nations.
(4) This decrease in domestic manufacturing capability has
forced the Department of Defense to acquire supplies and
materials necessary for the national defense from foreign
companies and governments, thereby subjecting the critical
defense needs of the United States to geopolitical forces
beyond its control.
(b) Submission to Congress of Report on the Manufacturing Industry
of the United States.--
(1) Submission required.--The Secretary of Defense shall
submit to Congress a report on the manufacturing industry of
the United States. Such report shall be submitted as soon as is
practicable, but not later than the end of the 180-day period
beginning on the date of the enactment of this Act.
(2) Notice of submission.--If before the end of the 180-day
period specified in paragraph (1) the Secretary determines that
the report required by that paragraph cannot be submitted by
the end of such period as required by such paragraph, the
Secretary shall (before the end of such period) submit to
Congress a report setting forth--
(A) the reasons why the report cannot be submitted
by the end of such 180-day period; and
(B) an estimated date for the submission of the
report.
(3) Form.--The report under paragraph (1) shall be
submitted in an unclassified form, but may include a classified
annex. Consistent with the protection of intelligence sources
and methods, an unclassified summary of the key judgments of
the report may be submitted.
(4) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the current manufacturing
capacity of the United States as it relates to the
ability of the United States to respond to both
civilian and defense needs.
(B) An assessment of tax, trade, and regulatory
policies as they impact the growth of the manufacturing
industry in the United States.
(C) An analysis of the factors leading to the
increased outsourcing of manufacturing processes to
foreign nations.
(D) An analysis of the strength of the United
States defense industrial base, including the security
and stability of the supply chain, and an assessment of
the vulnerabilities and weak points of that supply
chain.
(E) An analysis of the capacity of the civilian
manufacturing industry to fulfill defense manufacturing
needs when necessary.
(F) An analysis of the ability of the United States
to access necessary raw materials for the defense
industry, including rare earth minerals.
(G) A quantitative analysis of the position of the
United States relative to the global defense market.
(H) An analysis of the changes in supply-side
economics resulting from shifts in globalization
trends.
(I) An analysis of the vulnerability of the United
States defense products that could potentially be
corrupted by malicious software, such as spyware,
malware, and viruses.
(J) A quantitative analysis of the risk facing the
defense supply chain of the United States and the
processes currently in place to manage such risk.
(c) Presidential Report on Policy Objectives and United States
Strategy Regarding the United States Manufacturing Industry.--
(1) Report required.--As soon as is practicable, but not
later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report on--
(A) the objectives of United States policy
regarding the manufacturing industry of the United
States; and
(B) the strategy for achieving those objectives.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(3) Elements.--The report submitted under paragraph (1)
shall--
(A) address the role of diplomacy, incentives,
sanctions, other punitive measures and incentives, and
other programs and activities relating to the
manufacturing industry of the United States for which
funds are provided by Congress; and
(B) summarize United States planning regarding the
range of possible United States actions in support of
United States policy objectives with respect to the
manufacturing industry of the United States.
SEC. 1099M. CLOSING OF NATIONAL DRUG INTELLIGENCE CENTER.
Section 9078 of the Department of Defense Appropriations Act, 1993
(Public Law 102-396; 106 Stat. 1919) is amended by striking ``There is
established'' and all that follows through ``That section 8083'' and
inserting ``Section 8083''.
SEC. 1099N. SUNKEN MILITARY CRAFT.
Section 1408(3) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (10 U.S.C. 113 note) is
amended--
(1) in subparagraph (A), by inserting ``, that was'' before
``on military noncommercial service''; and
(2) in subparagraph (B), by inserting a comma before ``that
was owned or operated''.
SEC. 1099O. PROCLAMATION FOR NATIONAL DAY OF HONOR TO CELEBRATE MEMBERS
OF THE ARMED FORCES RETURNING FROM IRAQ, AFGHANISTAN, AND
OTHER COMBAT AREAS.
The President shall designate a day entitled a National Day of
Honor to celebrate members of the Armed Forces who are returning from
deployment in support of Iraq, Afghanistan, and other combat areas.
TITLE XI--CIVILIAN PERSONNEL MATTERS
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
in 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) Amendment Relating to Certain Reports.--Section 1113(e) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2502) is amended to read as follows:
``(e) Reports.--The Secretary of Defense shall submit to the
covered committees (as defined by subsection (g)(6))--
``(1) no later than 6 months after the date of enactment of
this Act, a report on the initial steps being taken to
reclassify positions from the NSPS and the initial conversion
plan to begin converting employees from the NSPS, which
information shall be supplemented by reports describing the
progress of the conversion process which shall be submitted to
the same committees on a semiannual basis until the conversion
is fully completed;
``(2) no later than 12 months after the date of enactment
of this Act and semiannually thereafter until fully
implemented--
``(A) a plan for the personnel management system,
as authorized by section 9902(a) of title 5, United
States Code (as amended by this section); and
``(B) progress reports on the design and
implementation of the personnel management system (as
described in subparagraph (A)); and
``(3) no later than 12 months after the date of enactment
of this Act and semiannually thereafter until fully
implemented--
``(A) a plan for the appointment procedures, as
authorized by section 9902(b) of such title 5 (as so
amended); and
``(B) progress reports on the design and
implementation of the appointment procedures (as
described in subparagraph (A)).
Implementation of a plan described in paragraph (2)(A) may not commence
before the 90th day after the date on which such plan is submitted
under this subsection to the covered committees.''.
(c) Repeal of Superseded Provision.--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), is repealed.
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. 1580 note) is
amended by striking subsection (e).
SEC. 1104. DENIAL OF CERTAIN PAY ADJUSTMENTS FOR UNACCEPTABLE
PERFORMANCE.
(a) Annual Pay Adjustments.--Section 5303 of title 5, United States
Code, is amended by adding at the end the following:
``(h)(1) Notwithstanding any other provision of this section, an
adjustment under this section shall not be made in the case of any
employee having an unacceptable performance rating.
``(2) For purposes of administering any provision of law, rule, or
regulation which--
``(A) provides premium pay, retirement, life insurance, or
other employee benefit, which requires any deduction or
contribution,
``(B) imposes any requirement or limitation, or
``(C) requires any other computation (such as under section
5304(c)(1)(B)),
on the basis of a rate of basic pay, the rate of basic pay payable
after the application of paragraph (1) shall be treated as the rate of
basic pay for the employee involved.''.
(b) Regulations.--The Director of the Office of Personnel
Management may prescribe any regulations necessary to carry out the
purposes of this section.
SEC. 1105. REVISIONS TO BENEFICIARY DESIGNATION PROVISIONS FOR DEATH
GRATUITY PAYABLE UPON DEATH OF A GOVERNMENT EMPLOYEE.
(a) Authority to Designate More Than 50 Percent of Death Gratuity
to Unrelated Persons.--Section 8102a(d)(4) of title 5, United States
Code, is amended--
(1) in the first sentence--
(A) by striking ``covered by this section'' and
inserting ``covered by subsection (a)''; and
(B) by striking ``not more than 50 percent of the
amount payable under this section'' and inserting ``all
or a portion of the amount payable under this
section'';
(2) in the second sentence, by striking ``50 percent,'' and
inserting ``100 percent,''; and
(3) in the third sentence, by inserting ``(if any)'' after
``gratuity''.
(b) Notice to Spouse of Designation of Another Person to Receive
Portion of Death Gratuity.--Section 8102a(d) of title 5, United States
Code, is further amended by adding at the end the following:
``(6) If a person covered by subsection (a) has a spouse,
but makes a designation under paragraph (4) for a person other
than the spouse to receive all or a portion of the amount
payable under this section, the head of the agency, or other
entity, in which that person is employed shall provide notice
of the designation to the spouse.''.
SEC. 1106. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM
PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective as of January 1, 2011, section 1101(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4615), as amended by section 1106(a) of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2487), is amended by striking ``calendar years 2009
and 2010'' and inserting ``calendar years 2011 and 2012''.
SEC. 1107. 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. 1108. 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. 1109. AUTHORITY TO WAIVE RECOVERY OF CERTAIN PAYMENTS MADE UNDER
CIVILIAN EMPLOYEES VOLUNTARY SEPARATION INCENTIVE
PROGRAM.
(a) Waiver Authority.--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 such section 9902 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 who--
(1) during the period beginning on April 1, 2004, and
ending on March 1, 2008, received a voluntary separation
incentive payment under section 9902(f)(1) of title 5, United
States Code;
(2) during the period beginning on June 1, 2004, and ending
on May 1, 2008, was reappointed to a position in the Department
of Defense to support a declared national emergency related to
terrorism or a natural disaster; and
(3) as determined by the Secretary of Defense--
(A) before accepting the reappointment referred to
in paragraph (2), received a written 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) reasonably relied on that representation in
accepting the reappointment.
(c) Required Determination.--The Secretary of Defense may grant a
waiver under subsection (a) only if the Secretary determines that
recovery of the payment involved would be against equity and good
conscience or would be contrary to the best interests of the United
States.
(d) Discretionary Authority.--In the case of an employee or former
employee who is described in subsection (b), and who, before the date
of enactment of this Act, repaid any amount of a voluntary separation
incentive payment made under section 9902(f)(1) of title 5, United
States Code, the Secretary of Defense may grant a waiver in accordance
with the subsections (a) through (c) and make a refund, out of any
appropriation or fund available for that purpose, of any portion of
such amount which the Secretary in his sole discretion considers
appropriate.
SEC. 1110. 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. 1111. AUTHORITY TO WAIVE MAXIMUM AGE LIMIT FOR CERTAIN
APPOINTMENTS.
Section 3307(e) of title 5, United States Code, is amended--
(1) by striking ``(e) The'' and inserting ``(e)(1) Except
as provided in paragraph (2), the''; and
(2) by adding at the end the following:
``(2)(A) In the case of the conversion of an agency function from
performance by a contractor to performance by an employee of the
agency, the head of the agency may waive any maximum limit of age,
determined or fixed for positions within such agency under paragraph
(1), if 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 the Secretary of
Defense or the Secretary of a military department.''.
SEC. 1112. 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. 1113. REPORTS BY OFFICE OF SPECIAL COUNSEL.
(a) In General.--Section 1213(e) of title 5, United States Code, is
amended by striking paragraphs (3) and (4) and inserting the following:
``(3) The Special Counsel shall transmit to the President and the
congressional committees with jurisdiction over the agency which the
disclosure (referred to in subsection (a)) involves--
``(A) a concise summary of any report received from such
agency under subsection (c) in connection with such disclosure;
or
``(B) if a report is not received within the time
prescribed in subsection (c)(2), written notice to that effect.
The Special Counsel may include, as part of any transmission under
subparagraph (A) or (B), any additional information or documentation
which the Special Counsel considers appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply in the case of any agency report which is due or received by the
Office of Special Counsel after the end of the 30-day period beginning
on the date of the enactment of this Act.
SEC. 1114. 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. 1115. 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.
SEC. 1116. 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) Centralized Database.--The Office shall establish and
maintain a centralized electronic database that contains the names,
contact information, and relevant skills of individuals who have
completed or are nearing completion of an internship program and are
currently seeking full-time Federal employment.
``(d) Exit Interview Requirement.--The agency operating an
internship program shall conduct an exit interview, and administer a
survey (which shall be in conformance with such guidelines or
requirements as the Office shall establish to ensure uniformity across
agencies), with each intern who completes such program.
``(e) Report.--
``(1) In general.--The head of each agency operating an
internship program shall annually submit to the Office a report
assessing such internship program.
``(2) Contents.--Each report required under paragraph (1)
for an agency shall include, for the 1-year period ending on
September 1 of the year in which the report is submitted--
``(A) the number of interns who participated in an
internship program at such agency;
``(B) information regarding the demographic
characteristics of interns at such agency, including
educational background;
``(C) a description of the steps taken by such
agency to increase the percentage of interns who are
offered permanent Federal jobs and the percentage of
interns who accept the offers of such jobs, and any
barriers encountered;
``(D) a description of activities engaged in by
such agency to recruit new interns, including locations
and methods;
``(E) a description of the diversity of work roles
offered within internship programs at such agency;
``(F) a description of the mentorship portion of
such internship programs; and
``(G) a summary of exit interviews conducted and
surveys administered by such agency with respect to
interns upon their completion of an internship program
at such agency.
``(3) Submission.--Each report required under paragraph (1)
shall be submitted to the Office between September 1 and
September 30 of each year. Not later than December 30 of each
year, the Office shall submit to Congress a report summarizing
the information submitted to the Office in accordance with
paragraph (1) for such year.
``(f) Definitions.--For purposes of this section--
``(1) the term `internship program' means--
``(A) a volunteer service program under section
3111(b);
``(B) the Student Educational Employment Program
(hereinafter `SCEP'), as established under section
213.3202 of title 5 of the Code of Federal Regulations
(as in effect on January 1, 2009); and
``(C) a program operated by a nongovernment
organization for the purpose of providing paid
internships in agencies pursuant to a written agreement
comparable to an SCEP agreement under section
213.3202(b)(12) of title 5 of the Code of Federal
Regulations (as in effect on January 1, 2009);
``(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.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. 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) 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 ``2014''.
(c) 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
requirements for the authorities contained in section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat.2086) (as amended by this section),
authorities similar to the authorities contained in section 1208 of
such Act, and authorities to support special operations
counterterrorism, unconventional warfare, and irregular warfare in
anticipation of and preparation for the expiration of the authorities
under section 1208 of such Act at the end of fiscal year 2014.
SEC. 1202. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Limitations.--
(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--
(A) in paragraph (1), by striking ``$350,000,000''
and inserting ``$400,000,000''; and
(B) in paragraph (5)--
(i) by striking ``and not more than'' and
inserting ``not more than''; and
(ii) by inserting after ``fiscal year
2012'' the following: ``, and not more than
$150,000,000 may be used during fiscal year
2013''.
(2) Effective date.--The amendments 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.--The President shall transmit to the
congressional committees specified in subsection (e)(3), as
part of the supporting materials of the annual congressional
budget justification, a report on the implementation of this
section for the prior fiscal year.
``(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
``(A) In the case of a program or programs to build
the capacity of a foreign country's national military
forces or maritime security forces to conduct
counterterrorism operations, the extent to which the
nature of the potential or actual terrorist threat is
consistently and comprehensively verified by the
Secretary of Defense prior to initiating a program or
programs.
``(B) The extent to which foreign countries
participate in the preparation of a program or programs
under this section, to include the development of a
full concept of operations for the program or programs
under this section.
``(C) The extent to which proposal submissions of
foreign countries evaluate the commitment and
capability of foreign countries to implement a program
or programs under this section or otherwise identify
specific funds necessary for sustainment of a program
or programs under this section.
``(D) A statement of current policies,
responsibilities, procedures, and reporting
requirements that assist with the conduct or support of
a program or programs under this section.
``(E) The extent to which United States embassies
and security assistance officers with responsibility
for conducting or supporting a program or programs
under this section are able to track actual obligation
and expenditures of funds, funds rendered unavailable
for obligation, and other financial data similar to
data required by the financial management system for
the Foreign Military Sales program.
``(F) The extent to which the United States
Government has developed and implemented specific plans
to monitor and evaluate outcomes of a program or
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 (Public Law
111-383; 124 Stat. 4389), is further amended by--
(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. 1203. FIVE-YEAR EXTENSION OF AUTHORIZATION FOR NON-CONVENTIONAL
ASSISTED RECOVERY CAPABILITIES.
Section 943(h) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4579) is
amended by striking ``2011'' and inserting ``2016''.
SEC. 1204. GLOBAL SECURITY CONTINGENCY FUND.
(a) Authority.--
(1) In general.--The Secretary of State, with the
concurrence of the Secretary of Defense, is authorized to
establish a fund, to be known as the Global Security
Contingency Fund, which shall consist of such amounts as may be
contributed under paragraph (2) to the fund, to provide
assistance to a foreign country described in subsection (b) for
the purposes described in subsection (c). The program
authorized under this subsection shall be jointly financed and
carried out by the Department of State and the Department of
Defense in accordance with the requirements of this section.
(2) Contributions to fund.--
(A) In general.--For each of fiscal years 2012
through 2015, the Secretary of State and the Secretary
of Defense may contribute not more than $300,000,000 of
amounts made available to carry out the provisions of
law described in subsection (d).
(B) Availability.--Notwithstanding any other
provision of law, amounts contributed under this
paragraph to the fund shall be merged with amounts in
the fund and shall be available for purposes of
carrying out the program authorized under this
subsection.
(3) Limitation.--The authority of this subsection may not
be exercised with respect to a fiscal year until--
(A) the Secretary of State contributes to the fund
not less than one-third of the total amount contributed
to the fund for the fiscal year; and
(B) the Secretary of Defense contributes to the
fund not more than two-thirds of the total amount
contributed to the fund for the fiscal year.
(4) Rule of construction.--The ratios of contributions
described in paragraph (3) shall be determined at the beginning
of a fiscal year and may not be determined on a project-by-
project basis.
(b) Eligible Foreign Countries.--A foreign country described in
this subsection is a country that is designated by the Secretary of
State, with the concurrence of the Secretary of Defense, and is
eligible to receive assistance under one or more of the provisions of
law described in subsection (d).
(c) Purpose of Program.--The program authorized under subsection
(a) may provide assistance to enhance the capabilities of military
forces, and other security forces that conduct border and maritime
security, and counterterrorism operations, as well as the government
agencies responsible for such forces, in order to strengthen a foreign
country's national and regional security interests consistent with
United States foreign policy interests.
(d) Provisions of Law Described.--The provisions of law described
in this subsection are the following:
(1) Section 1206 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456;
relating to program to build the capacity of foreign military
forces).
(2) Section 1033 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881;
relating to authority to provide additional support for
counter-drug activities of other countries).
(3) Amounts authorized to be appropriated by section 301
for operation and maintenance, Defense-wide activities, and
available for the Defense Security Cooperation Agency for the
Warsaw Initiative Funds (WIF) for the participation of the
North Atlantic Treaty Organization (NATO) members in the
exercises and programs of the Partnership for Peace program of
the North Atlantic Treaty Organization.
(4) Section 23 of the Arms Export Control Act (22 U.S.C.
2763; relating to foreign military financing program).
(5) Section 481 of the Foreign Assistance Act of 1961 (22
U.S.C. 2291; relating to international narcotics control and
law enforcement).
(6) Chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.; relating to international
military education and training program).
(7) Chapter 8 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349aa et seq.; relating to antiterrorism
assistance).
(e) Formulation and Execution of Program.--
(1) In general.--The program authorized under subsection
(a)--
(A) shall be jointly formulated by the Secretary of
State and the Secretary of Defense; and
(B) shall, prior to its implementation, be approved
by the Secretary of State, with the concurrence of the
Secretary of Defense.
(2) Required elements.--The program authorized under
subsection (a) shall include elements that promote--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority.
(f) Related Authorities.--
(1) In general.--The program authorized under subsection
(a) shall be--
(A) jointly financed by the Secretary of State and
the Secretary of Defense through amounts contributed to
the fund under subsection (a)(2) from one or more
provisions of law described in subsection (d) under
which the foreign country is eligible to receive
assistance; and
(B) carried out under the authorities of such
provisions of law and the authorities of this section.
(2) Administrative authorities.--Funds made available under
a program authorized under subsection (a) shall be subject to
the same administrative authorities as apply to funds made
available to carry out the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.).
(3) Limitation on eligible countries.--The program
authorized under subsection (a) may not include the provision
of assistance to--
(A) any foreign country that is otherwise
prohibited from receiving such assistance under any
other provision of law; or
(B) Iraq, Afghanistan, or Pakistan.
(g) Congressional Notification.--
(1) In general.--Not less than 15 days before implementing
an activity under the program authorized under subsection (a),
the Secretary of State, with the concurrence of the Secretary
of Defense, shall submit to the congressional committees
specified in paragraph (2) a notification of--
(A) the name of the country with respect to which
the activity will be implemented; and
(B) the budget, implementation timeline with
milestones, and completion date for the activity.
(2) Specified congressional committees.--The congressional
committees specified in this paragraph are--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(h) Rule of Construction.--Nothing in this section shall be
construed to constitute an authorization or extension of any of the
provisions of law described in subsection (d).
(i) Termination of Program.--The authority to carry out the program
authorized under subsection (a) terminates at the close of September
30, 2015. An activity under the program directed before that date may
be completed after that date, but only using funds made available for
fiscal years 2012 through 2015.
SEC. 1205. 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. 1206. INTERAGENCY WORKING GROUP ON FOREIGN POLICE TRAINING.
(a) Establishment; Duties.--There is established an interagency
working group to monitor the foreign police training programs,
projects, and activities of the various Federal departments and
agencies and coordinate and unify such programs, projects, and
activities under a single strategic framework.
(b) Sense of Congress.--It is the sense of Congress that the
interagency working group should establish a strategy to specify the
goals of the foreign police training programs, projects, and activities
described in subsection (a), the strategies for achieving such goals,
and quantifiable metrics for measuring success. The strategy should
also include an interagency mechanism to coordinate the actions of the
Federal departments and agencies carrying out such programs, projects,
and activities.
(c) Membership.--
(1) In general.--The interagency working group shall
consist of representatives from the Departments of Defense,
State, Justice, Homeland Security, Treasury, and Energy, the
United States Agency for International Development, and the
Millennium Challenge Corporation.
(2) Chairperson.--The representative from the Department of
Defense shall serve as the chairperson of the interagency
working group.
(d) Report.--The interagency working group shall submit to Congress
an annual report on the activities of the interagency working group for
the preceding year.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
SEC. 1211. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND CARRY OUT
INFRASTRUCTURE PROJECTS IN AFGHANISTAN.
Section 1217(f) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4393; 22 U.S.C.
7513 note) is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Subject to
paragraph (2), the'';
(B) by striking ``$400,000,000'' and inserting
``$475,000,000''; and
(C) by striking ``fiscal year 2011'' and inserting
``fiscal year 2012'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Limitation.--The Secretary of Defense may use not
more than 85 percent of the amount specified in paragraph (1)
to carry out the program authorized under subsection (a) until
the Secretary of Defense, in consultation with the Secretary of
State, submits to the appropriate congressional committees a
plan for the allocation and use of funds under the program for
fiscal year 2012.''; and
(4) in paragraph (3) (as redesignated), by striking
``September 30, 2012'' and inserting ``September 30, 2013''.
SEC. 1212. 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 $425,000,000 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 30 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) 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.
(g) Definition.-- 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.
(h) 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. 1213. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN
COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension of Authority.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 393), as most recently amended by section 1213 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4391), is further amended by striking
``section 1510 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011'' and inserting ``section 1504 of the National
Defense Authorization Act for Fiscal Year 2012''.
(b) Limitation on Amount.--Subsection (d)(1) of such section, as so
amended, is further amended in the second sentence by striking ``fiscal
year 2010 or 2011'' and inserting ``fiscal year 2010, 2011, or 2012''.
(c) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 393), as most recently amended by section 1213 of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4391), is further amended by striking
``September 30, 2012'' and inserting ``September 30, 2013''.
SEC. 1214. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY
FUND.
(a) In General.--Section 1224(h) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2521), as amended by section 1220 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4395), is further amended by striking ``September 30, 2011'' both
places it appears and inserting ``September 30, 2012''.
(b) Limitation on Funds Subject to Report and Updates.--
(1) Limitation on funds; report required.--
(A) In general.--Of the amounts appropriated or
transferred to the Pakistan Counterinsurgency Fund
(hereafter in this subsection referred to as the
``Fund'') for any fiscal year after fiscal year 2011,
not more than 25 percent of such amounts may be
obligated or expended until such time as the Secretary
of Defense, with the concurrence of the Secretary of
State, submits to the appropriate congressional
committees a report on the strategy to utilize the Fund
and the metrics used to determine progress with respect
to the Fund.
(B) Matter to be included.--Such report shall
include, at a minimum, the following:
(i) A discussion of United States strategic
objectives in Pakistan.
(ii) A listing of the terrorist or
extremist organizations in Pakistan opposing
United States goals in the region and against
which the United States encourages Pakistan to
take action.
(iii) A discussion of the gaps in
capabilities of Pakistani security units that
hampers the ability of the Government of
Pakistan to take action against the
organizations listed in clause (ii).
(iv) A discussion of how assistance
provided utilizing the Fund will address the
gaps in capabilities listed in clause (iii).
(v) A discussion of other efforts
undertaken by other United States Government
departments and agencies to address the gaps in
capabilities listed in clause (iii) or
complementary activities of the Department of
Defense and how those efforts are coordinated
with the activities undertaken to utilize the
Fund.
(vi) Metrics that will be used to track
progress in achieving the United States
strategic objectives in Pakistan, to track
progress of the Government of Pakistan in
combating the organizations listed in clause
(ii), and to address the gaps in capabilities
listed in clause (iii).
(2) Annual update required.--For any fiscal year in which
amounts in the Fund are requested to be made available to the
Secretary of Defense, the Secretary of Defense, with the
concurrence of the Secretary of State, shall submit to the
appropriate congressional committees, at the same time that the
President's budget is submitted pursuant to section 1105(a) of
title 31, United States Code, an update of the report required
under paragraph (1).
(3) Form.--The report required under paragraph (1) and the
update required under paragraph (2) shall be submitted in
unclassified form, but may contain a classified annex as
necessary.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(c) Quarterly Reports.--
(1) In general.--Section 1224(f) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2522) is amended--
(A) by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later''; and
(B) by adding at the end the following:
``(2) Matters to be included.--The Secretary of Defense,
with the concurrence with the Secretary of State, shall include
in the report required under paragraph (1) the following:
``(A) A discussion of progress in achieving United
States strategic objectives in Pakistan during such
fiscal quarter, utilizing metrics used to track
progress in achieving such strategic objectives.
``(B) A discussion of progress made by programs
supported from amounts in the Fund during such fiscal
quarter.''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date of the enactment of this Act and apply
with respect to each report required to be submitted under
section 1224(f) of the National Defense Authorization Act for
Fiscal Year 2010 for any fiscal year after fiscal year 2011.
SEC. 1215. REPORT ON EXTENSION OF UNITED STATES-IRAQ STATUS OF FORCES
AGREEMENT.
(a) Report on Extension of Agreement.--Not later than 10 days after
completion of any agreement between the United States Government and
the Government of Iraq that would retain a United States force presence
in Iraq greater than the force presence envisioned for the Office of
Security Cooperation-Iraq, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a report on the terms of such agreement.
(b) Notification and Report in Absence of Agreement.--
(1) In general.--If, on December 31, 2011, no agreement
between the United States Government and the Government of Iraq
described in subsection (a) has been completed, the Secretary
of Defense shall provide written notification to the
congressional defense committees that no such agreement has
been completed and shall submit to the appropriate
congressional committees the report required under paragraph
(2) not later than January 31, 2012.
(2) Report.--The report referred to in paragraph (1) is a
report that--
(A) describes the capability gaps of the Iraqi
Security Forces, in classified and unclassified form,
including capability gaps relating to intelligence
matters, protection of Iraqi airspace, and logistics
and maintenance; and
(B) describes how the programs of the Office of
Security Cooperation-Iraq and other United States
programs, such as the Foreign Military Financing
program, the Foreign Military Sales program, and joint
training exercises, will address the capability gaps of
the Iraqi Security Forces, as described in subparagraph
(A), should the Government of Iraq request such
assistance.
(3) Updates.--The Secretary of Defense shall submit to the
appropriate congressional committees, at the same time that the
President's budget is submitted pursuant to section 1105(a) of
title 31, United States Code, for each of the fiscal years 2014
and 2015 an update of the report required under paragraph (2).
The requirement to submit updates under this paragraph shall
terminate on the date on which the Secretary of Defense submits
to the congressional defense committees the report required
under subsection (a).
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1216. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE
OF SECURITY COOPERATION IN IRAQ.
(a) Authority.--The Secretary of Defense is authorized to support
operations and activities of the Office of Security Cooperation in Iraq
(OSC-I) in order to carry out United States Government transition
activities in Iraq, including life support, transportation and personal
security, and facilities renovation and construction activities.
(b) Limitation.--The authority contained in subsection (a) may not
be exercised to pay the salaries and expenses of personnel of the
Department of State.
(c) Funding.--Amounts authorized to be appropriated by section 301
and available for operation and maintenance for the Air Force, as
specified in the funding table in section 4301, may be used to carry
out this section.
SEC. 1217. REPORT ON UNITED STATES MILITARY STRATEGY IN AFGHANISTAN IN
LIGHT OF THE DEATH OF OSAMA BIN LADEN.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the United States military
strategy in Afghanistan, including the extent to which the strategy has
changed or is anticipated to change in light of the death of Osama bin
Laden.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
SEC. 1218. LIMITATION ON FUNDS TO ESTABLISH PERMANENT MILITARY
INSTALLATIONS OR BASES IN IRAQ AND AFGHANISTAN.
(a) No Permanent Military Bases in Iraq.--None of the funds
authorized to be appropriated by this Act may be obligated or expended
by the United States Government to establish any military installation
or base for the purpose of providing for the permanent stationing of
United States Armed Forces in Iraq.
(b) No Permanent Military Bases in Afghanistan.--None of the funds
authorized to be appropriated by this Act may be obligated or expended
by the United States Government to establish any military installation
or base for the purpose of providing for the permanent stationing of
United States Armed Forces in Afghanistan.
SEC. 1219. LIMITATION ON AMOUNTS FROM AFGHANISTAN INFRASTRUCTURE FUND.
Not more than 75 percent of amounts made available to the
Afghanistan Infrastructure Fund for fiscal year 2012 may be used to
provide assistance to the Government of Afghanistan unless the
Secretary of Defense, in consultation with the Secretary of State,
determines and certifies to Congress that women in Afghanistan are an
integral part of the reconciliation process between the Afghan
Government and the Taliban.
Subtitle C--Reports and Other Matters
SEC. 1221. REVIEW AND REPORT ON IRAN'S AND CHINA'S CONVENTIONAL AND
ANTI-ACCESS CAPABILITIES.
(a) Review.--The Secretary of Defense shall direct an appropriate
entity outside the Department of Defense to conduct an independent
review of the following:
(1) The gaps between Iran's conventional and anti-access
capabilities and United States' capabilities to overcome them.
(2) The gaps between China's anti-access capabilities and
United States' capabilities to overcome them.
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
that contains the review conducted under subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(c) Additional to Other Reports, etc.--The review conducted under
subsection (a) and the report required under subsection (b) are in
addition to the report required under section 1238 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4402) and the strategy and briefings required under
section 1243 of such Act (Public Law 111-383; 124 Stat. 4405).
(d) Definition.--In this section, the term ``anti-access'' has the
meaning given the term in section 1238(f) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4403).
SEC. 1222. REPORT AND CONSULTATION ON ENERGY SECURITY OF NATO ALLIANCE.
(a) Findings.--Congress finds the following:
(1) Adopted in Lisbon in November 2010, the new North
Atlantic Treaty Organization (NATO) Strategic Concept declares
that ``All countries are increasingly reliant on the vital
communication, transport and transit routes on which
international trade, energy security and prosperity depend.
They require greater international efforts to ensure their
resilience against attack or disruption. Some NATO countries
will become more dependent on foreign energy suppliers and in
some cases, on foreign energy supply and distribution networks
for their energy needs. As a larger share of world consumption
is transported across the globe, energy supplies are
increasingly exposed to disruption.''.
(2) The new NATO Strategic Concept further declares that,
``to deter and defend against any threat to the safety and
security of our populations'', the NATO alliance will,
``develop the capacity to contribute to energy security,
including protection of critical energy infrastructure and
transit areas and lines, cooperation with partners, and
consultations among Allies on the basis of strategic
assessments and contingency planning.''.
(b) Report.--
(1) Assessment.--The Secretary of Defense shall direct a
federally funded research and development center of the
Department of Defense to conduct an assessment of the energy
security of the NATO alliance.
(2) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
specified congressional committees a detailed report on the
assessment conducted pursuant to paragraph (1).
(3) Contents.--The report required under paragraph (2)
shall include the following:
(A) A listing of the extent to which each NATO
member country is dependent on a single oil or natural
gas supplier or distribution network. Such listing
shall be expressed in terms of a percentage basis.
(B) A description of potential adverse effects of
oil or natural gas price shortages or price spikes on
those NATO member countries that are most dependent on
a single oil or natural gas supplier or distribution
network and on United States Armed Forces based in
Europe, including effects on the military and defensive
capabilities of such countries.
(C) A description of potential risks posed to NATO
member countries, including NATO member countries in
Eastern Europe, and to United States Armed Forces based
in Europe, by the relative lack of easy access to the
spot market for natural gas.
(D) A description of the extent to which the United
States military, in conjunction with the militaries of
NATO member countries, could respond to and mitigate
the energy security risk to NATO member countries and
to United States Armed Forces based on Europe posed by
the threat of a deliberate disruption of the supply of
oil or natural gas, and the relative challenges and
cost of such a response, including for transporting oil
and natural gas over land after delivery by sea to the
port of a NATO member country.
(E) A set of recommendations for available options
to NATO member countries that are most dependent on a
single oil or natural gas supplier or distribution
network to avoid such dependency, and the potential
benefits of increased pipelines within Europe to give
Eastern European countries access to the spot market
for natural gas in the event of a supply interruption.
(F) A description of all supply interruptions of
natural gas to NATO member countries over the past 20
years.
(G) An analysis of the threats posed by supply
interruptions, whether accidental, unauthorized or
deliberate, to energy distribution infrastructure and
transit areas and lines to NATO member countries most
dependent on a single oil or natural gas supplier or
distribution network and to United States Armed Forces
based in Europe, including from events such as
potential natural disasters or terrorist attacks, and
the adequacy of the Department of Defense's current
contingency plans to respond to such interruptions.
(H) A description of how NATO's military capability
might be adversely affected if a major oil or natural
gas supplier or distribution network were to
deliberately disrupt the supply of oil or natural gas.
(I) An analysis of whether and how major suppliers
of oil and natural gas to NATO member countries in
Europe have used their energy markets to influence
European political affairs, and the potential of such
actions to undermine the long-term solidarity and
future of the NATO alliance.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form (including as much detail as possible),
but may contain a classified annex.
(d) Consultation.--The Secretary of Defense shall consult with
other NATO member countries and NATO's Emerging Security Challenges
Division on other ways the United States as a NATO member country can
contribute to the energy security of the NATO alliance and NATO
regional partners, including through protection of critical energy
infrastructure and transit areas and lines, cooperation with NATO
partners, and consultation among NATO allies on the basis of strategic
assessments and contingency planning.
(e) Definition.--In this section the term ``specified congressional
committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1223. EXTENSION OF REPORT ON PROGRESS TOWARD SECURITY AND
STABILITY IN AFGHANISTAN.
Section 1230(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most recently
amended by section 1231 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4395), is further amended by striking ``2012'' and inserting ``2014''.
SEC. 1224. REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA.
(a) Report.--Not later than March 1, 2012, and March 1, 2013, the
Secretary of Defense shall submit to the specified congressional
committees a report, in both classified and unclassified form, on the
current and future military power of the Democratic People's Republic
of Korea (in this section referred to as ``North Korea''). The report
shall address the current and probable future course of military-
technological development of the North Korean military, the tenets and
probable development of North Korean security strategy and military
strategy, and military organizations and operational concepts, through
the next 20 years.
(b) Matters to Be Included.--A report required under subsection (a)
shall include at least the following elements:
(1) An assessment of the security situation on the Korean
peninsula.
(2) The goals and factors shaping North Korean security
strategy and military strategy.
(3) Trends in North Korean security and military behavior
that would be designed to achieve, or that are inconsistent
with, the goals described in paragraph (2).
(4) An assessment of North Korea's regional security
objectives, including those that would affect South Korea,
Japan, the People's Republic of China, and Russia.
(5) A detailed assessment of the sizes, locations, and
capabilities of North Korean strategic, special operations,
land, sea, and air forces.
(6) Developments in North Korean military doctrine and
training.
(7) An assessment of the proliferation activities of North
Korea, as either a supplier or a consumer of materials or
technologies relating to nuclear weapons or other weapons of
mass destruction or missile systems.
(8) Other military and security developments involving
North Korea that the Secretary of Defense considers relevant to
United States national security.
(c) Definition.--In this section the term ``specified congressional
committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1225. NATIONAL SECURITY RISK ASSESSMENT OF UNITED STATES FEDERAL
DEBT OWNED BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Determination of Interest Paid to Service Debt.--Not later than
30 days after the date of the enactment of this Act, the Director of
the Congressional Budget Office shall determine and make publicly
available the amount of accrued interest on United States Federal debt
paid to the People's Republic of China during the 5-year period ending
on the date of the enactment of this Act.
(b) Assessment and Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation
with the Director of National Intelligence, shall--
(1) carry out an assessment of the national security risks
posed to the United States and United States allies as a result
of the United States Federal debt liabilities owed to China as
a creditor of the United States Government and the amount of
interest determined to have been paid by the United States to
China pursuant to subsection (a); and
(2) submit to the specified congressional committees a
report that contains the results of the assessment carried out
under paragraph (1).
(c) Matters to Be Included.--The report required by subsection
(b)(2) shall include the following:
(1) A description of the United States Federal debt
liabilities owed to China as a creditor of the United States
Government.
(2) A description of the amounts projected for defense
spending by China in 2011.
(3) A discussion of any options available to China for
deterring United States military freedom of action in the
Western Pacific as a result of its creditor status.
(4) Other related issues the Secretary of Defense considers
relevant.
(d) Form.--The report required by subsection (b)(2) shall be
submitted in unclassified form, but may contain a classified annex if
necessary.
(e) Definition.--In this section the term ``specified congressional
committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1226. CONGRESSIONAL NOTIFICATION REQUIREMENT BEFORE PERMANENT
RELOCATION OF ANY UNITED STATES MILITARY UNIT STATIONED
OUTSIDE THE UNITED STATES.
(a) Notification and Related Report.--Chapter 6 of title 10, United
States Code, is amended by inserting after section 162 the following
new section:
``Sec. 162a. Congressional notification before permanent relocation of
military units stationed outside the United States
``(a) Notification and Reporting Requirement.--If the Secretary of
Defense plans to relocate a unit stationed outside the United States,
the Secretary shall submit to the appropriate committees of Congress,
at the same time that the President's budget is submitted pursuant to
section 1105(a) of title 31, United States Code, for the fiscal year in
which the relocation will occur, written notification of the relocation
and the report required by subsection (b) related to that relocation.
``(b) Elements of Report.--The notification required by subsection
(a) shall include a report containing a description of the following:
``(1) How relocation of the unit supports the United States
national security strategy.
``(2) How relocation of the unit supports the security
commitments undertaken by the United States pursuant to
relevant international security treaties, including the North
Atlantic Treaty, the Treaty of Mutual Cooperation and Security
between the United States and Japan, and the Security Treaty
Between Australia, New Zealand, and the United States of
America.
``(3) How relocation of the unit addresses the current
security environment in the affected geographic combatant
command's area of responsibility, including United States
participation in theater security cooperation activities and
bilateral partnership, exchanges, and training exercises.
``(4) Whether relocation of the unit will result in cost
savings or increased costs to the Department of Defense as a
result of--
``(A) the loss of the permanent presence of the
unit at the overseas location;
``(B) the reliance on the rotation of units or
other means to achieve the same security objectives;
and
``(C) the costs of maintaining the unit at its new
location.
``(5) How relocation of the unit impacts the status of
overseas base closure and realignment actions undertaken as
part of a global defense posture realignment strategy and the
status of development and execution of comprehensive master
plans for overseas military main operating bases, forward
operating sites, and cooperative security locations of the
global defense posture of the United States.
``(c) Exceptions.--Subsection (a) does not apply in the case of--
``(1) the relocation of a unit deployed in support of a
contingency operation;
``(2) the relocation of a unit as the result of closure of
an overseas installation at the request of the government of
the host nation in the manner provided in the agreement between
the United States and the host nation regarding the
installation; or
``(3) a reduction in the number of Brigade Combat Teams
stationed in Europe from four to three.
``(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary of Defense to
relocate military units stationed outside the United States.
``(e) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
``(2) Geographic combatant command.--The term `geographic
combatant command' means a combatant command with a geographic
area of responsibility that does not include North America.
``(3) Unit.--The term `unit' means a unit of the armed
forces at the battalion, squadron, or an equivalent level (or a
higher level).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
162 the following new item:
``162a. Congressional notification before permanent relocation of
military units stationed outside the United
States.''.
(c) Conforming Amendments.--Section 1063 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2469; 10 U.S.C. 113 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1227. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Matters to Be Included.--Subsection (b) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 781; 10 U.S.C. 113 note), as most recently amended by
section 1246(b) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2544), is further amended--
(1) in paragraph (7)--
(A) by adding at the end before the period the
following: ``or otherwise undermine the Department of
Defense's capability to conduct information
assurance''; and
(B) by adding at the end the following: ``Such
analyses shall include an assessment of the damage
inflicted on the Department of Defense by reason
thereof.''; and
(2) in paragraph (9), by adding at the end the following:
``Such analyses shall include an assessment of the nature of
China's cyber activities directed against the Department of
Defense and an assessment of the damage inflicted on the
Department of Defense by reason thereof. Such cyber activities
shall include activities originating or suspected of
originating from China and shall include government and non-
government activities believed to be sanctioned or supported by
the Government of China.''.
(b) Conforming Amendment.--Such section is further amended in the
heading by striking ``military and security developments involving''
and inserting ``military power of''.
(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 reports required to be submitted under subsection (a) of
section 1202 of the National Defense Authorization Act for Fiscal Year
2000, as so amended, on or after that date.
SEC. 1228. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH
ACCESS TO UNITED STATES MISSILE DEFENSE TECHNOLOGY.
(a) Limitation on Funds for Sensitive Technology and Data.--No
funds made available to carry out this Act may be used to provide the
Russian Federation with access to--
(1) sensitive missile defense technology of the United
States, including hit-to-kill technology; or
(2) sensitive data, including sensitive technical data,
warning, detection, tracking, targeting, telemetry, command and
control, and battle management data, that support the missile
defense capabilities of the United States.
(b) Limitation on Funds for Other Technology and Data.--No funds
made available to carry out this Act may be used to provide the Russian
Federation with access to missile defense technology or technical data
not described in subsection (a) as part of a defense technical
cooperation agreement between the Russian Federation and the United
States unless, not less than 30 days prior to providing the Russian
Federation with access to any such technology or technical data, the
President submits to the appropriate congressional committees the
report described in subsection (c) and the certification described in
subsection (d).
(c) Report.--The report referred to in subsection (b) is a report
that contains a description of the following:
(1) The specific missile defense technology or technical
data to be accessed, the reasons for providing such access, and
how the technology or technical data is intended to be used.
(2) The measures necessary to protect the technology or
technical data.
(3) The specific missile defense technology or technical
data of the Russian Federation that the Russian Federation is
providing the United States with access to.
(4) The status and substance of discussions between the
United States and the Russian Federation on missile defense
matters.
(d) Certification.--The certification referred to in subsection (b)
is a certification of the President that providing the Russian
Federation with access to the missile defense technology or technical
data--
(1) includes an agreement on prohibiting access to such
defense technology or technical data by third parties;
(2) will not enable the Russian Federation or any third
party that may obtain access to such defense technology or
technical data by means intentional or otherwise to develop
counter-measures to any United States missile defense system or
otherwise undermine the effectiveness of any United States
missile defense system; and
(3) will correspond to equitable access by the United
States to missile defense technology or technical data of the
Russian Federation.
(e) Form.--The report described in subsection (c) and the
certification described in subsection (d) shall be submitted in
unclassified form, but may contain a classified annex, if necessary.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1229. INTERNATIONAL AGREEMENTS RELATING TO MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) Prior to signing the New START Treaty, on April 7,
2010, the Russian Federation made the unilateral statement that
``the Treaty can operate and be viable only if the United
States of America refrains from developing its missile defense
capabilities quantitatively or qualitatively.''.
(2) In the understanding under subsection (b)(1)(A) of the
Resolution of Advice and Consent to Ratification of the New
START Treaty, the Senate declared that ``the New START Treaty
does not impose any limitations on the deployment of missile
defenses other than the requirements of paragraph 3 of Article
V of the New START Treaty. . .''.
(3) In the understanding under subsection (b)(1)(B) of such
resolution, the Senate further declared that ``any additional
New START Treaty limitations on the deployment of missile
defenses beyond those contained in paragraph 3 of Article V,
including any limitations agreed under the auspices of the
Bilateral Consultative Commission, would require an amendment
to the New START Treaty which may enter into force for the
United States only with the advice and consent of the Senate,
as set forth in Article II, section 2, clause 2 of the
Constitution of the United States.''.
(4) In the understanding under subsection (b)(1)(C) of such
resolution, the Senate further declared that ``the April 7,
2010, unilateral statement by the Russian Federation on missile
defense does not impose a legal obligation on the United
States.''.
(5) In the declaration under subsection (c)(2)(F) of such
resolution, the Senate further declared that ``the United
States is committed to improving United States strategic
defensive capabilities both quantitatively and qualitatively
during the period that the New START Treaty is in effect, and
such improvements are consistent with the Treaty.''.
(b) Policy.--In light of the findings under subsection (a), it is
the policy of the United States--
(1) that any further limitations on the missile defense
capabilities of the United States are not in the national
security interests of the United States;
(2) to improve the strategic defensive capabilities of the
United States both quantitatively and qualitatively during the
period that the New START treaty is in effect and such
improvements are consistent with the Treaty; and
(3) that no future agreement with Russia on cooperative
missile defense, non-strategic nuclear weapons, further
strategic weapons reductions, or any other matter shall include
any restrictions on the missile defense options of the United
States in Europe or elsewhere.
(c) Limitations on Missile Defense.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding after section 130f, as added by section
1091, the following new section:
``Sec. 130g. International agreements relating to missile defense
``(a) In General.--In accordance with the understanding under
subsection (b)(1)(B) of the Resolution of Advice and Consent to
Ratification of the New START Treaty of the Senate, any agreement with
a country or international organization or amendment to the New START
Treaty (including an agreement made by the Bilateral Consultative
Commission established by the New START Treaty) concerning the
limitation of the missile defense capabilities of the United States
shall not be binding on the United States, and shall not enter into
force with respect to the United States, unless after the date of the
enactment of this section, such agreement or amendment is--
``(1) specifically approved with the advice and consent of
the Senate pursuant to Article II, section 2, clause 2 of the
Constitution; or
``(2) specifically authorized by an Act of Congress.
``(b) Annual Notification.--Not later than January 31 of each year,
beginning in 2012, the President shall submit to the congressional
defense committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives a
notification of--
``(1) whether the Russian Federation has recognized during
the previous year the sovereign right of the United States to
pursue quantitative and qualitative improvements in missile
defense capabilities; and
``(2) whether during any treaty negotiations or other
Government-to-Government contacts between the United States and
the Russian Federation (including under the auspices of the
Bilateral Consultative Commission established by the New START
Treaty) during the previous year a representative of the
Russian Federation suggested that a treaty or other
international agreement include, with respect to the United
States--
``(A) restricting missile defense capabilities,
military capabilities in space, or conventional prompt
global strike capabilities; or
``(B) reducing the number of non-strategic nuclear
weapons deployed in Europe.
``(c) 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.''.
(2) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130d the following new item:
``130g. International agreements relating to missile defense.''.
(d) 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.
SEC. 1230. NON-STRATEGIC NUCLEAR WEAPON REDUCTIONS AND EXTENDED
DETERRENCE POLICY.
(a) Policy on Non-strategic Nuclear Weapons.--It is the policy of
the United States--
(1) to pursue negotiations with the Russian Federation
aimed at the reduction of Russian deployed and non-deployed
non-strategic nuclear forces;
(2) that non-strategic nuclear weapons should be considered
when weighing the balance of the nuclear forces of the United
States and Russia; and
(3) that any geographical relocation or storage of non-
strategic nuclear weapons by Russia does not constitute a
reduction or elimination of such weapons.
(b) Policy on Extended Deterrence Commitment to Europe.--It is the
policy of the United States that--
(1) it maintain its commitment to extended deterrence,
specifically the nuclear alliance of the North Atlantic Treaty
Organization, as an important component of ensuring and linking
the national security interests of the United States and the
security of its European allies;
(2) forward-deployed nuclear forces of the United States
shall remain based in Europe in support of the NATO nuclear
alliance; and
(3) the presence of nuclear weapons of the United States in
Europe--combined with NATO's unique nuclear sharing
arrangements under which non-nuclear members participate in
nuclear planning and possess specially configured aircraft
capable of delivering nuclear weapons--contributes to the
cohesion of NATO and provides reassurance to allies and
partners who feel exposed to regional threats.
(c) Limitation on Reduction, Consolidation, or Withdrawal of
Nuclear Forces Based in Europe.--In light of the policy expressed in
subsections (a) and (b), no action may be taken to effect or implement
the reduction, consolidation, or withdrawal of nuclear forces of the
United States that are based in Europe unless--
(1) the reduction, consolidation, or withdrawal of such
nuclear forces is requested by the government of the host
nation in the manner provided in the agreement between the
United States and the host nation regarding the forces;
(2) the President certifies that--
(A) NATO member states have considered the
reduction, consolidation, or withdrawal in the High
Level Group;
(B) NATO has decided to support such reduction,
consolidation, or withdrawal; and
(C) the remaining nuclear forces of the United
States that are based in Europe after such reduction,
consolidation, or withdrawal would provide a
commensurate or better level of assurance and
credibility as before such reduction, consolidation, or
withdrawal; or
(3) the reduction, consolidation, or withdrawal of such
nuclear forces is--
(A) pursuant to a treaty or international agreement
specifically approved with the advice and consent of
the Senate pursuant to Article II, section 2, clause 2
of the Constitution; or
(B) specifically authorized by an Act of Congress.
(d) Notification.--Upon any decision to reduce, consolidate, or
withdraw the nuclear forces of the United States that are based in
Europe, the President shall submit to the appropriate congressional
committees a notification containing--
(1) the certification required by subsection (c)(2);
(2) justification for such reduction, consolidation, or
withdrawal; and
(3) an assessment of how NATO member states, in light of
such reduction, consolidation, or withdrawal, assess the
credibility of the deterrence capability of the United States
in support of its commitments undertaken pursuant to article 5
of the North Atlantic Treaty, signed at Washington, District of
Columbia, on April 4, 1949, and entered into force on August
24, 1949 (63 Stat. 2241; TIAS 1964).
(e) Notice and Wait Requirement.--The President may not commence a
reduction, consolidation, or withdrawal of the nuclear forces of the
United States that are based in Europe for which the certification
required by subsection (c)(2) is made until the expiration of a 180-day
period beginning on the date on which the President submits the report
under subsection (d) containing the certification.
(f) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services of the House of
Representatives and the Senate; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1231. RULE OF CONSTRUCTION RELATING TO SITUATION IN LIBYA.
Nothing in this Act or any amendment made by this Act shall be
construed to authorize military operations in Libya.
SEC. 1232. REPORT ON EXPANSION OF PARTICIPATION IN EURO-NATO JOINT JET
PILOT TRAINING PROGRAM.
(a) Report Required.-- Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
consultation with the Secretary of State, shall submit to the
congressional defense committees and the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives a report on the desirability and feasibility of
expanding participation in the Euro-NATO Joint Jet Pilot Training
(ENJJPT) program to include additional countries.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) A description of the benefits of the ENJJPT program to
United States national security.
(2) An assessment of the current participation in the
ENJJPT program and whether it fully meets the needs of the
program and United States and NATO objectives.
(3) An analysis of whether participation of additional
countries in the ENJJPT program would benefit the program and
United States national security.
(4) A recommendation of additional countries that could
participate in the ENJJPT program, including NATO member
nations not currently participating in the program, major non-
NATO allies, Partnership for Peace nations, and other
countries.
(5) The restrictions or limitations that currently prevent
additional countries from participating in the ENJJPT program.
(6) A discussion of the benefits to the United States and
other countries of a United States-sponsored scholarship
program to assist certain countries to meet the cost-sharing
obligations of participation in the ENJJPT program, and whether
authorities currently exist to institute such a scholarship
program.
SEC. 1233. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM,
OPERATION ENDURING FREEDOM, AND OPERATION ODYSSEY DAWN.
(a) Report Requirement.--Not later than 90 days after the date of
the enactment of this Act, the President, with contributions from the
Secretary of Defense, the Secretary of State, and the Secretary of
Veterans Affairs, shall submit to Congress a report containing an
estimate of the long-term costs of Operation New Dawn and Operation
Enduring Freedom for each the following scenarios:
(1) The scenario in which the number of members of the
Armed Forces deployed in support of Operation New Dawn and
Operation Enduring Freedom is reduced from roughly 190,000 in
2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the
beginning of 2014, and remains at 30,000 through 2020.
(2) The scenario in which the number of members of the
Armed Forces deployed in support of Operation New Dawn and
Operation Enduring Freedom rises to approximately 235,000 in
2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000
in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000
through 2020.
(3) An alternative scenario, determined by the President
and based on current contingency operation and withdrawal
plans, which takes into account expected force levels and the
expected length of time that members of the Armed Forces will
be deployed in support of Operation New Dawn and Operation
Enduring Freedom.
(b) Estimates To Be Used in Preparation of Report.-- In preparing
the report required by subsection (b), the President shall make
estimates and projections through at least fiscal year 2020, adjust any
dollar amounts appropriately for inflation, and take into account and
specify each of the following:
(1) The total number of members of the Armed Forces
expected to be deployed in support of Operation New Dawn,
Operation Enduring Freedom, and Operation Odyssey Dawn,
including--
(A) the number of members of the Armed Forces
actually deployed in Southwest Asia in support of
Operation New Dawn, Operation Enduring Freedom, and
Operation Odyssey Dawn;
(B) the number of members of reserve components of
the Armed Forces called or ordered to active duty in
the United States for the purpose of training for
eventual deployment in Southwest Asia, backfilling for
deployed troops, or supporting other Department of
Defense missions directly or indirectly related to
Operation New Dawn, Operation Enduring Freedom, and
Operation Odyssey Dawn; and
(C) the break-down of deployments of members of the
regular and reserve components and activation of
members of the reserve components.
(2) The number of members of the Armed Forces, including
members of the reserve components, who have previously served
in support of Operation Iraqi Freedom, Operation New Dawn,
Operation Enduring Freedom, and Operation Odyssey Dawn and who
are expected to serve multiple deployments.
(3) The number of contractors and private military security
firms that have been used and are expected to be used during
the course of Operation Iraqi Freedom, Operation New Dawn,
Operation Enduring Freedom, and Operation Odyssey Dawn.
(4) The number of veterans currently suffering and expected
to suffer from post-traumatic stress disorder, traumatic brain
injury, or other mental injuries.
(5) The number of veterans currently in need of and
expected to be in need of prosthetic care and treatment because
of amputations incurred during service in support of Operation
New Dawn, Operation Enduring Freedom, and Operation Odyssey
Dawn.
(6) The current number of pending Department of Veterans
Affairs claims from veterans of military service in Iraq,
Afghanistan, and Libya, and the total number of such veterans
expected to seek disability compensation from the Department of
Veterans Affairs.
(7) The total number of members of the Armed Forces who
have been killed or wounded in Iraq, Afghanistan, or Libya,
including noncombat casualties, the total number of members
expected to suffer injuries in Iraq, Afghanistan, and Libya,
and the total number of members expected to be killed in Iraq,
Afghanistan, and Libya, including noncombat casualties.
(8) The amount of funds previously appropriated for the
Department of Defense, the Department of State, and the
Department of Veterans Affairs for costs related to Operation
Iraqi Freedom, Operation New Dawn, and Operation Enduring
Freedom, including an account of the amount of funding from
regular Department of Defense, Department of State, and
Department of Veterans Affairs budgets that has gone and will
go to costs associated with such operations.
(9) Current and future operational expenditures associated
with Operation New Dawn, Operation Enduring Freedom, and
Operation Odyssey Dawn including--
(A) funding for combat operations;
(B) deploying, transporting, feeding, and housing
members of the Armed Forces (including fuel costs);
(C) activation and deployment of members of the
reserve components of the Armed Forces;
(D) equipping and training of Iraqi and Afghani
forces;
(E) purchasing, upgrading, and repairing weapons,
munitions, and other equipment consumed or used in
Operation Iraqi Freedom, Operation New Dawn, Operation
Enduring Freedom, and Operation Odyssey Dawn; and
(F) payments to other countries for logistical
assistance in support of such operations.
(10) Past, current, and future costs of entering into
contracts with private military security firms and other
contractors for the provision of goods and services associated
with Operation Iraqi Freedom, Operation New Dawn, Operation
Enduring Freedom, and Operation Odyssey Dawn.
(11) Average annual cost for each member of the Armed
Forces deployed in support of Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom, and Operation
Odyssey Dawn, including room and board, equipment and body
armor, transportation of troops and equipment (including fuel
costs), and operational costs.
(12) Current and future cost of combat-related special pays
and benefits, including reenlistment bonuses.
(13) Current and future cost of calling or ordering members
of the reserve components to active duty in support of
Operation New Dawn, Operation Enduring Freedom, and Operation
Odyssey Dawn.
(14) Current and future cost for reconstruction, embassy
operations and construction, and foreign aid programs for Iraq
and Afghanistan.
(15) Current and future cost of bases and other
infrastructure to support members of the Armed Forces serving
in Iraq and Afghanistan.
(16) Current and future cost of providing health care for
veterans who served in support of Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom, and Operation
Odyssey Dawn--
(A) the cost of mental health treatment for
veterans suffering from post-traumatic stress disorder
and traumatic brain injury, and other mental problems
as a result of such service; and
(B) the cost of lifetime prosthetics care and
treatment for veterans suffering from amputations as a
result of such service.
(17) Current and future cost of providing Department of
Veterans Affairs disability benefits for the lifetime of
veterans who incur disabilities while serving in support of
Operation Iraqi Freedom, Operation New Dawn, Operation Enduring
Freedom, or Operation Odyssey Dawn.
(18) Current and future cost of providing survivors'
benefits to survivors of members of the Armed Forces killed
while serving in support of Operation Iraqi Freedom, Operation
New Dawn, Operation Enduring Freedom, or Operation Odyssey
Dawn.
(19) Cost of bringing members of the Armed Forces and
equipment back to the United States upon the conclusion of
Operation New Dawn, Operation Enduring Freedom, or Operation
Odyssey Dawn, including the cost of demobilization,
transportation costs (including fuel costs), providing
transition services for members of the Armed Forces
transitioning from active duty to veteran status, transporting
equipment, weapons, and munitions (including fuel costs), and
an estimate of the value of equipment that will be left behind.
(20) Cost to restore the military and military equipment,
including the equipment of the reserve components, to full
strength after the conclusion of Operation New Dawn or
Operation Enduring Freedom.
(21) Amount of money borrowed to pay for Operation Iraqi
Freedom, Operation New Dawn, Operation Enduring Freedom, or
Operation Odyssey Dawn, and the sources of that money.
(22) Interest on money borrowed, including interest for
money already borrowed and anticipated interest payments on
future borrowing, for Operation Iraqi Freedom, Operation New
Dawn, Operation Enduring Freedom, or Operation Odyssey Dawn.
(c) Report Requirement- Not later than 90 days after the date of
the enactment of this Act, the President, with contributions from the
Secretary of Defense, the Secretary of State, and the Secretary of
Veterans Affairs, shall submit to Congress a report containing an
estimate of the long-term costs of Operation New Dawn and Operation
Enduring Freedom for each the following scenarios:
(1) The scenario in which the number of members of the
Armed Forces deployed in support of Operation New Dawn and
Operation Enduring Freedom is reduced from roughly 190,000 in
2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the
beginning of 2014, and remains at 30,000 through 2020.
(2) The scenario in which the number of members of the
Armed Forces deployed in support of Operation New Dawn and
Operation Enduring Freedom rises to approximately 235,000 in
2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000
in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000
through 2020.
(3) An alternative scenario, determined by the President
and based on current contingency operation and withdrawal
plans, which takes into account expected force levels and the
expected length of time that members of the Armed Forces will
be deployed in support of Operation New Dawn and Operation
Enduring Freedom.
SEC. 1234. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE MILITARY
COMPANIES.
(a) Waiver Authorized.--Subsection (c) of section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3461; 10 U.S.C. 2302 note) is amended to read as
follows:
``(c) Waiver Authorized.--The Secretary of Defense may waive the
limitation on procurement of a good or service under subsection (a) if
the good or service is critical to the needs of the Department of
Defense and is otherwise unavailable to the Department of Defense and
the Secretary submits to the congressional defense committees a report
described in subsection (d) not less than 15 days before issuing the
waiver under this subsection.''.
(b) Report.--Such section is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Report.--The report referred to in subsection (c) is a report
that identifies the specific reasons for the waiver issued under
subsection (c) and includes recommendations as to what actions may be
taken to develop alternative sourcing capabilities in the future.''.
(c) Definition of Communist Chinese Military Company.--Subsection
(e) of such section, as redesignated by subsection (b)(1) of this
section, is amended by striking paragraph (1) and inserting the
following:
``(1) The term `Communist Chinese military company' means--
``(A) any person identified in the Defense
Intelligence Agency publication numbered VP-1920-271-
90, dated September 1990, or PC-1921-57-95, dated
October 1995, and any update of those publications for
the purposes of this section; and
``(B) any other person that--
``(i) is owned or controlled by, directed
by or from, operating with delegated authority
from, or affiliated with, the People's
Liberation Army or the government of the
People's Republic of China or that is owned or
controlled by an entity affiliated with the
defense industrial base of the People's
Republic of China; and
``(ii) is engaged in providing commercial
services, manufacturing, producing, or
exporting.''.
(d) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to contracts and subcontracts of the Department of Defense entered into
on or after the date of the enactment of this Act.
SEC. 1235. REPORT ON RUSSIAN NUCLEAR FORCES.
(a) Report.--Not later than March 1, 2012, the Secretary of
Defense, in coordination with the Director of National Intelligence,
shall submit to the appropriate congressional committees a report on
the nuclear forces of the Russian Federation and the New START Treaty
(as defined in section 1229(d)).
(b) Matters Included.--The report under section (a) shall include
an assessment of the following:
(1) The assessed number of nuclear forces by category of
nuclear warheads and delivery vehicles relative to New START
levels by 2017 and by 2022, including potential shifts of such
numbers during such periods.
(2) Options with respect to the size and composition of
Russian nuclear forces that Russia is considering, including
decreases below the New START levels and plans for maintaining
New START levels, including options related to developing and
deploying a new heavy intercontinental ballistic missile and
multiple independently targetable reentry vehicle capability.
(3) Factors that are likely to influence the number and
composition of Russian nuclear forces.
(4) Effects of shifts in the number and composition of
Russian nuclear forces on strategic stability.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate; and
(3) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1236. PROHIBITION ON UNITED STATES GROUND COMBAT PRESENCE IN
LIBYA.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for the purpose
of--
(1) deploying members of the United States Armed Forces on
to the ground of Libya for the purposes of engaging in ground
combat operations, unless the purpose of such deployment is
limited solely to rescuing members of the United States Armed
Forces from imminent danger;
(2) awarding a contract to a private security contractor to
conduct any activity on the ground of Libya; or
(3) otherwise establishing or maintaining any presence of
members of the United States Armed Forces or private security
contractors on the ground of Libya, unless the purpose of such
presence is limited solely to rescuing members of the United
States Armed Forces from imminent danger.
SEC. 1237. REPEAL OF UNITED STATES INSTITUTE OF PEACE ACT.
Effective as of the date of the enactment of this Act, the United
States Institute of Peace Act (title XVII of Public Law 98-525; 22
U.S.C. 4601 et seq.) is repealed.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
(b) Fiscal Year 2012 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 2012 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in section 4301 for Cooperative Threat Reduction
programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by
the funding table in section 4301 for Cooperative Threat Reduction
programs shall be available for obligation for fiscal years 2012, 2013,
and 2014.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $508,219,000 authorized
to be appropriated to the Department of Defense for fiscal year 2012 in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $63,221,000.
(2) For chemical weapons destruction, $9,804,000.
(3) For global nuclear security, $121,143,000.
(4) For cooperative biological engagement, $259,470,000.
(5) For proliferation prevention, $28,080,000.
(6) For threat reduction engagement, $2,500,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $24,001,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2012 Cooperative Threat Reduction funds may
be obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (7) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the
amount of funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2012 Cooperative Threat Reduction funds for
a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2012 for a purpose listed
in paragraphs (1) through (7) of subsection (a) in excess of
the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (7) of subsection (a)
in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE
BIOLOGICAL ENGAGEMENT PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by
section 1302(a)(4) or otherwise made available for fiscal year 2012 for
cooperative biological engagement, not more than 75 percent may be
obligated or expended until the date on which the Secretary of Defense
submits to the appropriate congressional committees the following:
(1) A detailed analysis of the effect of the cooperative
biological engagement program.
(2) Either--
(A) written certification that the efforts of the
cooperative biological engagement program--
(i) result in changed practices or are
otherwise effective; and
(ii) lead to threat reduction; or
(B) a detailed list of policy and program
recommendations considered necessary by the Secretary
to modify, expand, or curtail the cooperative
biological engagement program in order to achieve the
objectives described by subparagraph (A).
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
(a) Authorization of Appropriations.-- Funds are hereby authorized
to be appropriated for the fiscal year 2012 for the National Defense
Sealift Fund, as specified in the funding table in section 4501.
(b) Authorized Procurement.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) may be used to
purchase an offshore petroleum distribution system, and the associated
tender for that system, that are under charter by the Military Sealift
Command as of January 1, 2011.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2012
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1405. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1406. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the Defense Health Program, as specified in the funding table in
section 4501, for use of the Armed Forces and other activities and
agencies of the Department of Defense in providing for the health of
eligible beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2012, the
National Defense Stockpile Manager may obligate up to $50,107,320 of
the funds in the National Defense Stockpile Transaction Fund
established under subsection (a) of section 9 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized
uses of such funds under subsection (b)(2) of such section, including
the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
Section 3402(b) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as most
recently amended by section 1412 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383) is amended
by striking ``$730,000,000 by 2013'' in paragraph (5) and inserting
``$830,000,000 by 2016''.
Subtitle C--Chemical Demilitarization Matters
SEC. 1421. CHANGES TO MANAGEMENT ORGANIZATION TO THE ASSEMBLED CHEMICAL
WEAPONS ALTERNATIVE PROGRAM.
(a) Management Organization.--Section 1412(g)(2) of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521) is amended by
striking the last sentence.
(b) Briefing Required.--Not later than 60 days after the date of
the enactment of this Act, the Assistant Secretary of Defense for
Nuclear, Chemical, and Biological Defense Programs, in coordination
with the Deputy Assistant Secretary of the Army for the Elimination of
Chemical Weapons, shall provide to Committees on Armed Services of the
Senate and House of Representatives a briefing on opportunities to
leverage lessons learned and experienced personnel of the Army Chemical
Materials Agency to support the Assembled Chemical Weapons Alternatives
program. The briefing shall include each of the following:
(1) A plan to attract Army Chemical Materials Agency
personnel to assist the Assembled Chemical Weapons Alternatives
program in completing the mission of the Agency set forth by
the Chemical Weapons Convention and the destruction of the
United States' stockpile of lethal chemical agents and
munitions by the deadline under section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and an
analysis of that plan.
(2) An analysis of how the Army Chemical Materials Agency
and the Assembled Chemical Weapons Alternative program can work
in coordination to ensure that the leadership, expertise,
experience, and best practices of the Agency are shared
extensively with the Assembled Chemical Weapons Alternative
program.
(3) An analysis of how the Assembled Chemical Weapons
Alternative program could incorporate best practices from the
Army Chemical Materials Agency.
(c) Definition.--The term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
ratified by the United States on April 25, 1997, and entered into force
on April 29, 1997.
Subtitle D--Other Matters
SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2012
from the Armed Forces Retirement Home Trust Fund the sum of $67,700,000
for the operation of the Armed Forces Retirement Home.
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1406 and available for the Defense Health
Program for operation and maintenance, $135,600,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1433. MISSION FORCE ENHANCEMENT TRANSFER FUND.
(a) Establishment of Fund.--There is hereby established a fund to
be known as the ``Mission Force Enhancement Transfer Fund''. Amounts in
the fund shall be available to the Secretary of Defense to be used for
the Armed Forces and other activities and agencies of the Department of
Defense.
(b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Mission Force Enhancement Transfer Fund for
fiscal year 2012 for the purposes specified in subsection (c) as
specified in the funding table in section 4501.
(c) Use of Funds.--The Secretary of Defense may transfer amounts
from the Mission Force Enhancement Transfer Fund to another account of
the Department of Defense to mitigate unfunded requirements for fiscal
year 2012 for any of the following:
(1) Ballistic and cruise missile defense.
(2) Navy shipbuilding.
(3) Strike fighter shortfall.
(4) Naval mine warfare.
(5) Intelligence, surveillance, and reconnaissance.
(6) Capabilities to defeat anti-access/area-denial
technologies.
(7) Basic research.
(d) Additional Authority.--The transfer authority under this
section is in addition to any other authority to transfer funds
provided in this Act.
(e) Effect on Authorization Amounts.--The transfer of an amount to
an account under subsection (c) shall be deemed to increase the amount
authorized to be appropriated for such account by an amount equal to
the amount transferred.
(f) Prior Notice to Congress of Transfer.--Funds may not be
transferred under subsection (c) until the date that is 15 days after
the date on which the Secretary of Defense notifies the congressional
defense committees in writing of the details of the proposed transfer.
(g) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance
regarding the identification and selection of projects to be funded
under this section using merit-based selection criteria.
(h) Elimination of Remaining Funds.--The amount otherwise
authorized to be appropriated for the Mission Force Enhancement
Transfer Fund for fiscal year 2012, as specified in the funding table
in section 4501, is reduced by $348,256,000, which represents the
amount of funds not needed to carry out projects identified in H.R.
1540 of the 112th Congress, as reported by the Committee on Armed
Services of the House of Representatives.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2012 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2012
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the 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 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2012 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2012 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $3,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. AFGHANISTAN SECURITY FORCES FUND.
(a) Application of Existing Limitations on Availability of Fund.--
Funds made available to the Department of Defense for the Afghanistan
Security Forces Fund for fiscal year 2012 shall be subject to the
conditions contained in subsections (b) through (g) of section 1513 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 428), as amended by section 1531 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4424).
(b) Additional Authorized Use of Fund.--In addition to the types of
authorized assistance described in section 1513(b)(2) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 428), amounts in the Afghanistan Security Forces Fund may be used
to construct and operate schools for the purpose of providing remedial
literacy instruction to recruits for Afghanistan Security Forces and
civilian employees of the Afghanistan Ministry of Defense.
(c) Limitation.--Notwithstanding any other provision of this
section, 25 percent of the funds made available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal year 2012
may not be used to carry out contracts unless the Secretary of Defense
certifies to Congress that the Department of Defense has sufficient
management and oversight mechanisms on such contracts.
SEC. 1532. CONTINUATION OF PROHIBITION ON USE OF UNITED STATES FUNDS
FOR CERTAIN FACILITIES PROJECTS IN IRAQ.
Section 1508(a) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4651) shall
apply to funds authorized to be appropriated by this title.
SEC. 1533. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND RELATED
REQUIREMENTS OF TASK FORCE FOR BUSINESS AND STABILITY
OPERATIONS IN AFGHANISTAN.
(a) Extension.--Subsection (a) of section 1535 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 124 Stat. 4426) is amended--
(1) in paragraph (6)--
(A) by striking ``October 31, 2011,'' and inserting
``October 31, 2011, and October 31, 2012''; and
(B) by striking ``fiscal year 2011'' and inserting
``the preceding fiscal year''; and
(2) in paragraph (7), by striking ``September 30,2011'' and
inserting ``September 30, 2012''.
(b) Funding Limitation.--Paragraph (4) of such subsection is
amended by inserting before the period at the end of the second
sentence the following: ``for fiscal year 2011 and $75,000,000 for
fiscal year 2012''.
(c) Scope of Projects.--Paragraph (3) of such subsection is amended
by adding at the end the following new sentence: ``To the maximum
extent possible, the activities of the Task Force for Business and
Stability Operations in Afghanistan should focus on improving the
commercial viability of other reconstruction or development activities
in Afghanistan conducted by the United States.''.
TITLE XVI--ADDITIONAL BUDGET ITEMS
Subtitle A--Procurement
SEC. 1601. BUDGET ITEM RELATING TO MODIFICATION OF TORPEDOES AND
RELATED EQUIPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $126,308,000 for
modification of torpedoes and related equipment. Of the amounts
authorized to be appropriated by section 101, as specified in the
corresponding funding table in division D, the Secretary of the Navy
shall obligate an additional $5,000,000 for the same purpose in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1602. BUDGET ITEM RELATING TO ANTI-SUBMARINE WARFARE ELECTRONIC
EQUIPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $125,652,000 for
anti-submarine warfare electronic equipment. Of the amounts authorized
to be appropriated by section 101, as specified in the corresponding
funding table in division D, the Secretary of the Navy shall obligate
an additional $9,600,000 for anti-submarine warfare applications in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1603. BUDGET ITEM RELATING TO SHALLOW WATER MINE COUNTER MEASURES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $1,048,000 for
shallow water mine counter measures. Of the amounts authorized to be
appropriated by section 101, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $7,975,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1604. BUDGET ITEM RELATING TO LHA-7 SHIP PROGRAM.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $2,018,691,000 for
the LHA-7 ship program. Of the amounts authorized to be appropriated by
section 101, as specified in the corresponding funding table in
division D, the Secretary of the Navy shall obligate an additional
$150,000,000 for the same purpose in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1605. BUDGET ITEM RELATING TO MOBILITY AIRCRAFT SIMULATORS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $198,100,000 for
mobility aircraft simulators. Of the amounts authorized to be
appropriated by section 101, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $25,000,000 for the same purpose, including for simulator
training facilities for air mobility pilots, in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1606. BUDGET ITEM RELATING TO MODIFICATIONS TO AIRCRAFT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $80,745,000 for
Modifications to Aircraft. Of the amounts authorized to be appropriated
by section 101, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$10,000,000 for radio communication systems for National Guard
helicopters in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1607. BUDGET ITEM RELATING TO SH-60 CREW AND PASSENGER
SURVIVABILITY UPGRADES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $2,291,899,000 for
aircraft modifications. Of the amounts authorized to be appropriated by
section 101, as specified in the corresponding funding table in
division D, the Secretary of the Navy shall obligate an additional
$4,500,000 for SH-60 crew and passenger survivability upgrades in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1608. BUDGET ITEM RELATING TO MODIFICATION OF IN SERVICE A-10
AIRCRAFT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $153,128,000 for
modification of in service aircraft, A-10. Of the amounts authorized to
be appropriated by section 101, as specified in the corresponding
funding table in division D, the Secretary of the Air Force shall
obligate an additional $5,000,000 for lightweight airborne recovery
systems in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1609. BUDGET ITEM RELATING TO RADAR SUPPORT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $18,818,000 for
Navy radar support. Of the amounts authorized to be appropriated by
section 101, as specified in the corresponding funding table in
division D, the Secretary of the Navy shall obligate an additional
$5,000,000 for Aegis ship support for engineering change proposals
associated with combat system radar upgrades in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1610. BUDGET ITEM RELATING TO ELECTRONIC EQUIPMENT- AUTOMATION.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $335,664,000 for
electronic equipment- automation. Of the amounts authorized to be
appropriated by section 101, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $4,000,000 for support of the deployment and adoption of new
information processing systems in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1611. BUDGET ITEM RELATING TO BASE DEFENSE SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $41,204,000 for
other procurement, Army, for base defense systems. Of the amounts
authorized to be appropriated by section 101, as specified in the
corresponding funding table in division D, the Secretary of the Army
shall obligate an additional $6,000,000 for base defense system
equipment in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1612. BUDGET ITEM RELATING TO SNIPER RIFLE MODIFICATIONS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $1,994,000 for
sniper rifle modifications. Of the amounts authorized to be
appropriated by section 101, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $2,506,000 for modifications of weapons and other combat
vehicles in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1613. BUDGET ITEM RELATING TO GENERATORS AND ASSOCIATED EQUIPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $31,897,000 for
generators and associated equipment. Of the amounts authorized to be
appropriated by section 101, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $10,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1614. BUDGET ITEM RELATING TO NATIONAL GUARD AND RESERVE
EQUIPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $0 for National
Guard and Reserve Equipment. Of the amounts authorized to be
appropriated by section 101, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $100,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
Subtitle B--Research, Development, Test, and Evaluation
SEC. 1616. BUDGET ITEM RELATING TO NEW DESIGN SSN.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $97,235,000 for New
Design SSN. Of the amounts authorized to be appropriated by section
201, as specified in the corresponding funding table in division D, the
Secretary of the Navy shall obligate an additional $10,000,000 for
continued design improvements for new SSNs in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1617. BUDGET ITEM RELATING TO ADVANCED SUBMARINE SYSTEM
DEVELOPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $856,326,000 for
advanced submarine system development. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $9,000,000 for future undersea capabilities in furtherance
of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1618. BUDGET ITEM RELATING TO SURFACE ANTI-SUBMARINE WARFARE.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $29,797,000 for
surface anti-submarine warfare. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $3,500,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1619. BUDGET ITEM RELATING TO SHIP PRELIMINARY DESIGN AND
FEASIBILITY STUDIES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $22,213,000 for
ship preliminary design and feasibility studies. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Navy
shall obligate an additional $19,900,000 for the same purpose in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1620. BUDGET ITEM RELATING TO INDUSTRIAL PREPAREDNESS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $54,000,000 for
research, development, test, and evaluation, Navy, for industrial
preparedness. Of the amounts authorized to be appropriated by section
201, as specified in the corresponding funding table in division D, the
Secretary of the Navy shall obligate an additional $5,000,000 for the
same purpose in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1621. BUDGET ITEM RELATING TO MIXED CONVENTIONAL LOAD CAPABILITY
FOR BOMBER AIRCRAFT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $19,900,000 for the
Warfighter Rapid Acquisition Program. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $20,000,000 for the development of mixed conventional load
capability for bomber aircraft to prosecute a broad range of pre-
planned and rapidly emerging target sets in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1622. BUDGET ITEM RELATING TO TACAIR-LAUNCHED UAS CAPABILITY
DEVELOPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $9,400,000 for
tactical unmanned aerial vehicles. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $10,000,000 for TACAIR-launched UAS capability development
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1623. BUDGET ITEM RELATING TO ELECTRO-PHOTONIC COMPONENT
CAPABILITY DEVELOPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $123,000,000 for
aviation improvements. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Navy shall obligate an additional
$10,000,000 for electro-photonic component capability development in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1624. BUDGET ITEM RELATING TO AIRBORNE RECONNAISSANCE SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $106,877,000 for
airborne reconnaissance systems. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $3,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1625. BUDGET ITEM RELATING TO SMALL BUSINESS INNOVATIVE RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $0 for Small
Business Innovative Research. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $5,000,000 to accelerate the use of technologies from the
small business innovative research program into Army acquisition
programs of record in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1626. BUDGET ITEM RELATING TO DEFENSE RESEARCH SCIENCES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $446,123,000 for
defense research sciences. Of the amounts authorized to be appropriated
by section 201, as specified in the corresponding funding table in
division D, the Secretary of the Navy shall obligate an additional
$2,500,000 to conduct research into the magnetic and electric fields of
the coastal ocean environment in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1627. BUDGET ITEM RELATING TO DEFENSE RESEARCH SCIENCES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $213,942,000 for
Defense Research Sciences. Of the amounts authorized to be appropriated
by section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$2,000,000 to support research into innovative new techniques for
combat wound repair in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1628. BUDGET ITEM RELATING TO COMMUNICATIONS ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $5,312,000 for
research, development, test and evaluation, Army, for communications
advanced technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$3,000,000 for the development of communications and information
networking technologies to support Army requirements in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1629. BUDGET ITEM RELATING TO NIGHT VISION TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $39,813,000 for
research, development, test and evaluation, Army, for night vision
technology. Of the amounts authorized to be appropriated by section
201, as specified in the corresponding funding table in division D, the
Secretary of the Army shall obligate an additional $4,000,000 to
develop radio frequency signals intelligence processing equipment and
associated applications in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1630. BUDGET ITEM RELATING TO NIGHT VISION TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $57,203,000 for
Night Vision Technology. Of the amounts authorized to be appropriated
by section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$8,000,000 for the development of enhanced low-light level visual
sensors for persistent surveillance and dismounted soldier applications
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1631. BUDGET ITEM RELATING TO NIGHT VISION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $42,414,000 for
night vision advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $4,000,000 for the development of deployable force
protection sensors in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1632. BUDGET ITEM RELATING TO NIGHT VISION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $42,414,000 for
night vision advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $5,000,000 for the development and fielding of a solution
for helicopter ``brownout'' situational awareness in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1633. BUDGET ITEM RELATING TO NIGHT VISION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $42,414,000 for
Night Vision Advanced Technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $4,800,000 for night vision advanced technology development
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1634. BUDGET ITEM RELATING TO ROTARY WING SURFACES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $80,317,000 for
Military Engineering Technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $6,000,000 for the development of mission planning and
support tools for rotary wing surfaces in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1635. BUDGET ITEM RELATING TO WEAPONS AND MUNITIONS TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $57,203,000 for
weapons and munitions technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $30,000,000 for the development of weapons and munitions
technologies by small and non-traditional defense businesses in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1636. BUDGET ITEM RELATING TO WEAPONS AND MUNITIONS ADVANCED
TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,077,000 for
Weapons and Munitions Advanced Technology. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of the Army shall obligate
an additional $2,500,000 for development of innovative manufacturing
techniques and processes for munitions and weapons systems in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1637. BUDGET ITEM RELATING TO WEAPONS AND MUNITIONS ADVANCED
TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,077,000 for
Weapons and Munitions Advanced Technology. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of the Army shall obligate
an additional $2,500,000 for the development of innovative
manufacturing techniques and processes for munitions and weapons
systems in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1638. BUDGET ITEM RELATING TO MATERIALS TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $30,258,000 for
Materials Technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$4,000,000 to develop innovative nanomaterials and nanomanufacturing
processes for warfighter systems in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1639. BUDGET ITEM RELATING TO MATERIALS TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $30,258,000 for
Materials Technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$1,500,000 for the development and demonstration of novel lightweight
composite packaging and structural materials in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1640. BUDGET ITEM RELATING TO MATERIALS TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $30,258,000 for
materials technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$5,000,000 for advanced manufacturing, repair, and sustainment
technologies for defense needs in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1641. BUDGET ITEM RELATING TO LIGHTWEIGHT BODY ARMOR.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $64,057,000 for
plasma treatment of fiber for force protection. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Navy
shall obligate an additional $5,100,000 for the development of new
lightweight body armor in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1642. BUDGET ITEM RELATING TO INDUSTRIAL PREPAREDNESS
MANUFACTURING TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $23,103,000 for
industrial preparedness manufacturing technology. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $5,000,000 for sustainment of the
industrial base for body armor in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1643. BUDGET ITEM RELATING TO SECURE MICROELECTRONICS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $23,887,000 for
Generic Logistics R&D Technology Demonstrations. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $15,000,000 to conduct research into the
development, identification, and management of secure microelectronics
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1644. BUDGET ITEM RELATING TO ARMY TACTICAL COMMAND AND CONTROL
HARDWARE AND SOFTWARE.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $123,935,000 for
Army tactical command and control hardware and software. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Army
shall obligate an additional $2,000,000 for the development of
interoperable national security information sharing systems in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1645. BUDGET ITEM RELATING TO BATTLESPACE KNOWLEDGE DEVELOPMENT
AND DEMONSTRATION.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $38,656,000 for
battlespace knowledge development and demonstration. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Air
Force shall obligate an additional $4,000,000 to conduct research and
educational programs that support cyber workforce development in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1646. BUDGET ITEM RELATING TO TECHNOLOGY TRANSFER.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $2,553,000 for
technology transfer. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Air Force shall obligate an additional
$9,000,000 for small business technology transfer efforts into major
Department of Defense acquisition programs of record in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1647. BUDGET ITEM RELATING TO UNIVERSITY RESEARCH INITIATIVES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $80,977,000 for
research, development, test, and evaluation, Army, for university
research initiatives. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of Defense shall obligate an additional
$7,000,000 for multidisciplinary research into nanotechnology science
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1648. BUDGET ITEM RELATING TO UNIVERSITY RESEARCH INITIATIVES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $140,273,000 for
university research initiatives. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $7,000,000 for the development of hypersonic testing
facilities for defense applications in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1649. BUDGET ITEM RELATING TO CLINICAL CARE AND RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $80,977,000 for
university research initiatives. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $2,000,000 for the development of informatics tools to
support clinical care and research in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1650. BUDGET ITEM RELATING TO MEDICAL TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $105,929,000 for
medical technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$3,000,000 for the same purpose, including the development of
biomaterials for wound prevention and healing, in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1651. BUDGET ITEM RELATING TO MEDICAL TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $105,929,000 for
research, development, test, and evaluation, Army, for medical
technology. Of the amounts authorized to be appropriated by section
201, as specified in the corresponding funding table in division D, the
Secretary of the Army shall obligate an additional $5,000,000 for the
same purpose in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1652. BUDGET ITEM RELATING TO MEDICAL TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $105,929,000 for
medical technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$3,500,000 for the same purpose, including for the continued
development of high-throughput, microarray diagnostic systems, in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1653. BUDGET ITEM RELATING TO MEDICAL TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $105,929,000 for
medical technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$1,468,000 to support research into innovative new techniques to
develop vaccines of interest to the military in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1654. BUDGET ITEM RELATING TO MEDICAL ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $68,171,000 for
medical advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $10,000,000 for the same purpose, including for functional
genomics research to further develop cancer treatment and detection
methods, in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1655. BUDGET ITEM RELATING TO MEDICAL ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $68,171,000 for
medical advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $5,000,000 for the same purpose (including for the continued
development of telemedicine technologies) in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1656. BUDGET ITEM RELATING TO MEDICAL ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $68,171,000 for
medical advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $3,000,000 for the same purpose, including for the study of
health effects from manganese and other potential toxins, in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1657. BUDGET ITEM RELATING TO MEDICAL ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $68,171,000 for
medical advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $5,000,000 for the development of innovative medical
training technologies in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1658. BUDGET ITEM RELATING TO CHEMICAL AND BIOLOGICAL DEFENSE
PROGRAM.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $219,873,000 for
chemical and biological program defense program applied research. Of
the amounts authorized to be appropriated by section 201, as specified
in the corresponding funding table in division D, the Secretary of
Defense shall obligate an additional $5,000,000 for the same purpose,
including for university-led applied research, in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1659. BUDGET ITEM RELATING TO SPECIAL OPERATIONS ADVANCED
TECHNOLOGY DEVELOPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $35,242,000 for
special operations advanced technology development. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $5,000,000 for the same purpose in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1660. BUDGET ITEM RELATING TO COMBATING TERRORISM TECHNOLOGY
SUPPORT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,019,000 for
combating terrorism technology support. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $3,500,000 for the same purpose (including for risk
assessment and resource allocation) in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1661. BUDGET ITEM RELATING TO COMBATING TERRORISM TECHNOLOGY
SUPPORT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,019,000 for
combating terrorism technology support. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $1,200,000 for the same purpose (including for the
development of mobile training content and distance learning
capabilities) in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1662. BUDGET ITEM RELATING TO COMBATING TERRORISM TECHNOLOGY
SUPPORT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,019,000 for
combating terrorism technology support. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $6,500,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1663. BUDGET ITEM RELATING TO COMBATING TERRORISM TECHNOLOGY
SUPPORT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,019,000 for
Combating Terrorism Technology Support. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $3,000,000 for the development of modeling and simulation
technologies for testing of blast structures in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1664. BUDGET ITEM RELATING TO COMBATING TERRORISM TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,019,000 for
combating terrorism technology support. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $5,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1665. BUDGET ITEM RELATING TO COMBATING TERRORISM TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $77,019,000 for
combating terrorism technology support. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $4,000,000 for combating terrorism technology support to
improve the collaborative experimentation model in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1666. BUDGET ITEM RELATING TO WEAPONS OF MASS DESTRUCTION DEFEAT
TECHNOLOGIES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $196,954,000 for
weapons of mass destruction defeat technologies. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $5,000,000 for the same purpose, including
weapons of mass destruction-related strategic studies and university
partnerships, in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1667. BUDGET ITEM RELATING TO COUNTERMINE SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $20,280,000 for
countermine systems. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$4,500,000 for the same purpose in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1668. BUDGET ITEM RELATING TO MINE AND EXPEDITIONARY WARFARE
APPLIED RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $37,583,000 for
Mine and Expeditionary Warfare Applied Research. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Navy
shall obligate an additional $8,000,000 for the development of remote-
robotic naval mine countermeasure research and development capability
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1669. BUDGET ITEM RELATING TO SPECIAL APPLICATIONS FOR
CONTINGENCIES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $5,045,000 for
special operations advanced technology development. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $4,000,000 for the same purpose, including
for special applications for contingencies such as for the development
and demonstration of tactical unmanned aerial vehicles, in furtherance
of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1670. BUDGET ITEM RELATING TO MICROELECTRONICS TECHNOLOGY
DEVELOPMENT AND SUPPORT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $91,132,000 for
Microelectronics Technology Development and Support. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $3,000,000 for the development of
innovative semiconductor design and fabrication tools in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1671. BUDGET ITEM RELATING TO WARFIGHTER SUSTAINMENT APPLIED
RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $101,205,000 for
Warfighter Sustainment Applied Research. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of the Navy shall obligate
an additional $2,500,000 to support research into corrosion control and
anti-biofouling coatings in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1672. BUDGET ITEM RELATING TO MARINE CORPS LANDING FORCE
TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $44,845,000 for
Marine Corps Landing Force Technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $3,000,000 for the development of situational awareness and
communications networking tools for tactical units in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1673. BUDGET ITEM RELATING TO ADVANCED CONCEPTS AND SIMULATION.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $20,933,000 for
Advanced Concepts and Simulation. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $10,000,000 to develop realistic human representations of
software agents for simulation systems in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1674. BUDGET ITEM RELATING TO HUMAN EFFECTIVENESS APPLIED
RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $86,663,000 for
Human Effectiveness Applied Research. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $2,200,000 to develop training and simulation capabilities
for the Air Force in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1675. BUDGET ITEM RELATING TO AEROSPACE PROPULSION.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $207,508,000 for
aerospace propulsion. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Air Force shall obligate an additional
$2,000,000 for the development of innovative aircraft deoxygeneration
systems in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1676. BUDGET ITEM RELATING TO END ITEM INDUSTRIAL PREPAREDNESS
ACTIVITIES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $59,297,000 for end
item industrial preparedness activities. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of the Army shall obligate
an additional $7,000,000 to develop a 3-D model-based design and
manufacturing capability in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1677. BUDGET ITEM RELATING TO SENSORS AND ELECTRONIC
SURVIVABILITY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $43,521,000 for
Sensors and Electronic Survivability. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $10,000,000 for the development of command, control, and
navigation capabilities for manned and unmanned aircraft in furtherance
of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1678. BUDGET ITEM RELATING TO MILITARY ENGINEERING ADVANCED
TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $36,516,000 for
Military Engineering Advanced Technology. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of the Army shall obligate
an additional $5,000,000 for the development of innovative capabilities
that support core missions of the Army Corps of Engineers in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1679. BUDGET ITEM RELATING TO AVIATION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $62,193,000 for
aviation advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $8,000,000 for the same purpose, including for the
development and demonstration of a high-efficiency air-breathing
turbine propulsion system for unmanned aircraft systems, in furtherance
of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1680. BUDGET ITEM RELATING TO ESTABLISHMENT OF PROTOCOLS FOR JOINT
STRIKE FIGHTER LEAD-FREE ELECTRONIC COMPONENTS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $1,387,926,000 for
joint strike fighter development. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $1,000,000 for the development of protocols for the use of
lead-free solder products and finishes in the joint strike fighter in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1681. BUDGET ITEM RELATING TO PORTABLE HELICOPTER OXYGEN DELIVERY
SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $73,728,000 for
infantry support weapons. Of the amounts authorized to be appropriated
by section 201, as specified in the corresponding funding table in
division D, the Secretary of the Army shall obligate an additional
$3,000,000 for improvements to portable helicopter oxygen delivery
systems in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1682. BUDGET ITEM RELATING TO ADVANCED ROTORCRAFT FLIGHT RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $62,193,000 for
aviation advanced technology . Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $8,000,000 for advanced rotorcraft flight research in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1683. BUDGET ITEM RELATING TO MISSILE AND ROCKET ADVANCED
TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $90,602,000 for
missile and rocket advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $6,250,000 for the development of missile simulation
technology in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1684. BUDGET ITEM RELATING TO MISSILE AND ROCKET ADVANCED
TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $90,602,000 for
missile and rocket advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $4,300,000 for base defense counter fire intercept systems
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1685. BUDGET ITEM RELATING TO COMBAT VEHICLE IMPROVEMENT PROGRAMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $53,700,000 for
combat vehicle improvement programs. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $25,000,000 for the same purpose, including for the M1A1
Abrams tank engine technology insertion demonstration program, in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1686. BUDGET ITEM RELATING TO WARFIGHTER ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $52,979,000 for
Warfighter Advanced Technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $5,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1687. BUDGET ITEM RELATING TO AVIATION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $62,193,000 for
aviation advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $2,500,000 for the same purpose, including for the
development and demonstration of autonomous cargo for rotorcraft
unmanned aerial vehicles, in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1688. BUDGET ITEM RELATING TO AVIATION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $62,193,000 for
research, development, test and evaluation, Army, for aviation advanced
technology. Of the amounts authorized to be appropriated by section
201, as specified in the corresponding funding table in division D, the
Secretary of the Army shall obligate an additional $7,000,000 for the
same purpose (including for common data link waveform improvements) in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1689. BUDGET ITEM RELATING TO AVIATION ADVANCED TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $62,193,000 for
aviation advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $2,300,000 to conduct research on corrosion reduction for
rotor craft aviation platforms in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1690. BUDGET ITEM RELATING TO MUNITIONS STANDARDIZATION,
EFFECTIVENESS, AND SAFETY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $57,142,000 for
munitions standardization, effectiveness, and safety. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of the Army
shall obligate an additional $5,000,000 for enhanced survivability and
lethality system development in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1691. BUDGET ITEM RELATING TO AEGIS BALLISTIC MISSILE DEFENSE.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $960,267,000 for
Aegis ballistic missile defense. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Director of the Missile Defense Agency shall
obligate an additional $5,000,000 for expanding the engagement
capability of the Aegis ballistic missile defense in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1692. BUDGET ITEM RELATING TO OPERATIONALLY RESPONSIVE SPACE.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $86,500,000 for
operationally responsive space. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $20,000,000 for the acquisition of additional operationally
responsive space capabilities to meet the urgent needs of commanders,
further develop and demonstrate a modular architecture, and support
enabling technologies and infrastructure in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1693. BUDGET ITEM RELATING TO SPACE TECHNOLOGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $115,300,000 for
space technology. Of the amounts authorized to be appropriated by
section 201, as specified in the corresponding funding table in
division D, the Secretary of the Air Force shall obligate an additional
$3,000,000 for expanding research for space technology in furtherance
of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1694. BUDGET ITEM RELATING TO ARMY NET ZERO PROGRAMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $4,946,000 for
Environmental Quality Technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $8,000,000 for Army net zero programs in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1695. BUDGET ITEM RELATING TO OFFSHORE RANGE ENVIRONMENTAL
BASELINE ASSESSMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $66,409,000 for the
Strategic Environmental Research Program. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of Defense shall obligate an
additional $1,750,000 for offshore range environmental baseline
assessment in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1696. BUDGET ITEM RELATING TO DEPARTMENT OF DEFENSE CORROSION
PROTECTION PROJECTS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $3,221,000 for the
Department of Defense Corrosion Protection Projects. Of the amounts
authorized to be appropriated by section 201, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $10,300,000 for the same purpose in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1697. BUDGET ITEM RELATING TO STUDY OF RENEWABLE AND ALTERNATIVE
ENERGY APPLICATIONS IN THE PACIFIC REGION.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $446,123,000 for
defense research sciences. Of the amounts authorized to be appropriated
by section 201, as specified in the corresponding funding table in
division D, the Secretary of the Navy shall obligate an additional
$2,000,000 for the study of renewable and alternative energy
applications in the Pacific Region in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1698. BUDGET ITEM RELATING TO ALTERNATIVE ENERGY FOR MOBILE POWER
APPLICATIONS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $156,901,000 for
Force Protection Applied research. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $2,000,000 for alternative energy for mobile power
applications in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699. BUDGET ITEM RELATING TO ADVANCED BATTERY TECHNOLOGIES.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $64,057,000 for
force protection advanced technology. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $2,000,000 for advanced battery technologies in furtherance
of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699A. BUDGET ITEM RELATING TO OPERATIONAL ENERGY IMPROVEMENT
PILOT PROJECT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $20,444,000 for
Operational Energy Capability Improvement. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of Defense shall obligate an
additional $4,000,000 for an operational energy pilot project in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699B. BUDGET ITEM RELATING TO MICROGRID PILOT PROGRAM.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $30,000,000 for the
installation energy test bed. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $2,000,000 for the microgrid pilot program in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699C. BUDGET ITEM RELATING TO ADVANCED SURFACE MACHINERY SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $18,249,000 for
Advanced Surface Machinery Systems. Of the amounts authorized to be
appropriated by section 201, as specified in the corresponding funding
table in division D, the Secretary of the Navy shall obligate an
additional $10,000,000 for the same purpose in furtherance of national
security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699D. BUDGET ITEM RELATING TO BASE CAMP FUEL CELLS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $36,516,000 for
Military Engineering Advanced Technology. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of the Army shall obligate
an additional $2,000,000 for base camp fuel cells in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699E. BUDGET ITEM RELATING TO DEFENSE ALTERNATIVE ENERGY.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $17,888,000 for the
Defense-wide Manufacturing Science and Technology Program. Of the
amounts authorized to be appropriated by section 201, as specified in
the corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $2,000,000 for defense alternative energy
in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699F. BUDGET ITEM RELATING TO RADIOLOGICAL CONTAMINATION
RESEARCH.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $66,409,000 for the
Strategic Environmental Research Program. Of the amounts authorized to
be appropriated by section 201, as specified in the corresponding
funding table in division D, the Secretary of Defense shall obligate an
additional $4,000,000 for radiological contamination research in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699F-1. REPORTS ON INCREASED BUDGET ITEMS.
(a) Reports.--
(1) In general.--For each program described in subsection
(b), the Secretary of Defense shall submit to the congressional
defense committees a report containing--
(A) a justification of the use of the total amount
appropriated for the program for fiscal year 2012; and
(B) the process by which such amounts were awarded.
(2) Submission.--The Secretary shall submit each report
under paragraph (1) by not later than the date that is 180 days
after the date on which the funds for the program for fiscal
year 2012 have been allocated.
(b) Program Described.--A program described in this subsection is a
program element funded--
(1) with amounts authorized to be appropriated by section
201; and
(2) in an amount that is more than the amount requested by
the President in the budget submitted to Congress under section
1105 of title 31, United States Code, for fiscal year 2012.
Subtitle C--Operation and Maintenance
SEC. 1699G. BUDGET ITEM RELATING TO DEPARTMENT OF DEFENSE CORROSION
PREVENTION PROGRAM.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $7,324,000 for the
Department of Defense Corrosion Prevention Program. Of the amounts
authorized to be appropriated by section 301, as specified in the
corresponding funding table in division D, the Secretary of Defense
shall obligate an additional $22,700,000 for the same purpose in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699H. BUDGET ITEM RELATING TO NAVY EMERGENCY MANAGEMENT AND
PREPAREDNESS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $38,425,841,000 for
Operation & Maintenance, Navy Budget Activity 01, Operating Forces. Of
the amounts authorized to be appropriated by section 301, as specified
in the corresponding funding table in division D, the Secretary of the
Navy shall obligate an additional $2,000,000 for emergency management
and preparedness of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699I. BUDGET ITEM RELATING TO ARMY SIMULATION TRAINING SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $2,939,455,000 for
Operation & Maintenance, Army Budget Activity 01, Force Readiness
Operations Support, Line 070. Of the amounts authorized to be
appropriated by section 301, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $4,000,000 for simulation training systems in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699J. BUDGET ITEM RELATING TO ARMY INDUSTRIAL FACILITY ENERGY
MONITORING.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $2,745,667,000 for
Operation and Maintenance Army, Line 110, Facilities Sustainment,
Restoration, and Modernization. Of the amounts authorized to be
appropriated by section 301, as specified in the corresponding funding
table in division D, the Secretary of the Army shall obligate an
additional $2,380,000 for Army Industrial Facility Energy Monitoring in
furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699K. BUDGET ITEM RELATING TO ARMY NATIONAL GUARD CIVIL SUPPORT
TEAM INFORMATION MANAGEMENT SYSTEMS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $706,299,000 for
Operation & Maintenance, Army National Guard Budget Activity 12, Line
070, Force Readiness Operations Support. Of the amounts authorized to
be appropriated by section 301, as specified in the corresponding
funding table in division D, the Secretary of the Army shall obligate
an additional $2,000,000 for Civil Support Team Information Management
Systems in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699L. BUDGET ITEM RELATING TO ARMY ARSENALS.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $7,973,300 for
Operation & Maintenance, Army Budget Activity 04, Administration and
Service-wide Activities, line 423, Logistic Support Activities. Of the
amounts authorized to be appropriated by section 301, as specified in
the corresponding funding table in division D, the Secretary of the
Army shall obligate an additional $6,000,000 for capital improvements
at United States Army arsenals in furtherance of national security
objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 1699M. BUDGET ITEM RELATING TO COLD WEATHER PROTECTIVE EQUIPMENT.
(a) Additional, Discretionary Budget Authority.--In the budget
submitted to Congress under section 1105 of title 31, United States
Code, for fiscal year 2012, the President requested $3,986,766,000 for
Operation & Maintenance, Defense-wide, Special Operations Command. Of
the amounts authorized to be appropriated by section 301, as specified
in the corresponding funding table in division D, the Secretary of
Defense shall obligate an additional $3,000,000 for cold weather
protective equipment in furtherance of national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in the second sentence of
subsection (a) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2012''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2015.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2015 for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. LIMITATION ON IMPLEMENTATION OF PROJECTS DESIGNATED AS
VARIOUS LOCATIONS.
The Secretary of Defense or the Secretary of a military department
may not enter into an award of a project authorized for various
locations in titles XXI through XXVII, as specified in the funding
table in section 4601, until the Secretary concerned submits to the
congressional defense committees a report that includes the following:
(1) Within the amounts authorized to be appropriated in
titles XXI through XXVII, a list of the proposed projects.
(2) A Military Construction Data Sheet for each project.
(3) A certification that the projects can be awarded in the
year for which the appropriation of funds is made.
(4) A certification that the projects are listed in the
current Future Years Defense Program.
SEC. 2004. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, and XXVII shall take
effect on the later of--
(1) October 1, 2011; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104 and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Fort Wainwright.................................. $114,000,000
JB Elmendorf-Richardson.......................... $103,600,000
Alabama..................................... Fort Rucker...................................... $11,600,000
California.................................. Fort Irwin....................................... $23,000,000
Presidio Monterey................................ $3,000,000
Colorado.................................... Fort Carson, Colorado............................ $238,600,000
Georgia..................................... Fort Benning..................................... $66,700,000
Fort Gordon...................................... $1,450,000
Fort Stewart, Georgia............................ $2,600,000
Hawaii...................................... Fort Shafter..................................... $17,500,000
Schofield Barracks............................... $105,000,000
Kansas...................................... Forbes Air Field................................. $5,300,000
Fort Riley, Kansas............................... $83,400,000
Kentucky.................................... Fort Campbell, Kentucky.......................... $247,500,000
Fort Knox........................................ $55,000,000
Louisiana................................... Fort Polk, Louisiana............................. $70,100,000
Maryland.................................... Aberdeen Proving Ground.......................... $78,500,000
Fort Meade....................................... $79,000,000
Missouri.................................... Fort Leonard Wood................................ $49,000,000
North Carolina.............................. Fort Bragg....................................... $186,000,000
New York.................................... Fort Drum, New York.............................. $13,300,000
Oklahoma.................................... Fort Sill........................................ $184,600,000
Mcalester........................................ $8,000,000
South Carolina.............................. Fort Jackson..................................... $63,900,000
Texas....................................... Fort Bliss....................................... $149,500,000
Fort Hood, Texas................................. $132,000,000
JB San Antonio................................... $10,400,000
Red River Army Depot............................. $44,000,000
Utah........................................ Dugway Proving Ground............................ $32,000,000
Virginia.................................... Fort Belvoir..................................... $83,000,000
JB Langley Eustis................................ $26,000,000
Washington.................................. JB Lewis McChord................................. $296,300,000
Various Locations........................... Unspecified...................................... $70,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104 and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... Bagram Air Base, Afghanistan................... $80,000,000
Germany....................................... Germersheim.................................... $37,500,000
Grafenwoehr.................................... $38,000,000
Landstuhl...................................... $63,000,000
Oberdachstetten................................ $12,200,000
Stuttgart...................................... $12,200,000
Vilseck........................................ $20,000,000
Honduras Various.............................. Honduras various............................... $25,000,000
Korea, Republic of............................ Camp Carroll................................... $41,000,000
Camp Henry..................................... $48,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2104 and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Belgium................................ Brussels................... Land Purchase for GFOQ (10 $10,000,000
units)...................
Germany................................ Grafenwoehr................ Family Housing New $13,000,000
Construction (26 units)..
Illesheim.................. Family Housing Replacement $41,000,000
Construction (80 units)..
Vilseck.................... Family Housing New $12,000,000
Construction (22 units)..
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104 and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Army may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount
not to exceed $7,897,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Army may improve existing military family housing units in an amount
not to exceed $103,000,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Army, as specified in the funding table in section 4601.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2009 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4658) for Fort
Benning, Georgia, for construction of a Multipurpose Training Range at
the installation, the Secretary of the Army may construct up to 1,802
square feet of loading dock consistent with the Army's construction
guidelines for Multipurpose Training Ranges.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2011 PROJECTS.
(a) Hawaii.--In the case of the authorization contained in the
table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437)
for Schofield Barracks, Hawaii, for renovations of buildings 450 and
452, the Secretary of the Army may renovate building 451 in lieu of
building 452.
(b) New York.--In the case of the authorization contained in the
table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437)
for Fort Drum, New York, for construction of an Aircraft Maintenance
Hangar at the installation, the Secretary of the Army may construct up
to 39,049 square yards of parking apron consistent with the Army's
construction guidelines for Aircraft Maintenance Hangars and associated
parking aprons.
(c) Germany.--In the case of the authorization contained in the
table in section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4438)
for Wiesbaden, Germany, for construction of an Information Processing
Center at the installation, the Secretary of the Army may construct up
to 9,400 square yards of vehicle parking garage consistent with the
Army's construction guidelines for parking garages, in lieu of
renovating 9,400 square yards of parking area.
SEC. 2107. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2012
PROJECT USING PRIOR-YEAR UNOBLIGATED ARMY MILITARY
CONSTRUCTION FUNDS.
(a) Project Authorization.--The Secretary of the Army may carry out
a military construction project to construct a water treatment facility
for Fort Irwin, California, in the amount of $115,000,000.
(b) Use of Unobligated Prior-year Army Military Construction
Funds.--To carry out the project described in subsection (a), the
Secretary of the Army may use available, unobligated Army military
construction funds appropriated for a fiscal year before fiscal year
2012.
(c) Congressional Notification.--The Secretary of the Army shall
provide information in accordance with section 2851(c) of title 10,
United States Code, regarding the project described in subsection (a).
If it becomes necessary to exceed the estimated project cost, the
Secretary shall utilize the authority provided by section 2853 of such
title regarding authorized cost and scope of work variations.
SEC. 2108. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504) and extended by section 2108 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law 111-
383; 124 Stat. 4440), shall remain in effect until October 1, 2012, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Louisiana............................. Fort Polk................ Child Care Facility......... $6,100,000
Missouri.............................. Fort Leonard Wood........ Multipurpose Machine Gun $4,150,000
Range......................
----------------------------------------------------------------------------------------------------------------
SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 4658), shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Anniston Army Depot...... Lake Yard Interchange....... $1,400,000
Hawaii................................ Schofield Barracks....... Brigade Complex............. $65,000,000
Battalion Complex........... $69,000,000
Battalion Complex........... $27,000,000
Infrastructure Expansion.... $76,000,000
New Jersey............................ Picatinny Arsenal........ Ballistic Evaluation $9,900,000
Facility Phase I...........
Virginia.............................. Fort Eustis.............. Vehicle Paint Facility...... $3,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2110. TECHNICAL AMENDMENTS TO CORRECT CERTAIN PROJECT
SPECIFICATIONS.
The table in section 3002 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law 111-
383; 124 Stat. 4503) is amended--
(1) in the project specification for the Army for ``Entry
Control Point and Access Roads'' that appears immediately below
the project specifications for Bagram Air Force Base,
Afghanistan, by striking ``Delaram Ii'' and inserting ``Delaram
II''; and
(2) in the project specifications for the Army for the
Shank installation, Afghanistan, by striking ``Expand Extended
Cooperation Programme 1 and Extended Cooperation Programme 2''
in the Project title column and inserting ``Expand Entry
Control Point 1 and Entry Control Point 2''.
SEC. 2111. ADDITIONAL BUDGET ITEMS RELATING TO ARMY CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) Training Facilities.--Of the amounts authorized to be
appropriated by section 2104, as specified in the corresponding funding
table in section 4601, the Secretary of the Army shall obligate an
additional $20,000,000 for Army training facilities in furtherance of
national security objectives.
(b) Community Housing Facilities.--Of the amounts authorized to be
appropriated by section 2104, as specified in the corresponding funding
table in section 4601, the Secretary of the Army shall obligate an
additional $10,000,000 for community housing facilities in furtherance
of national security objectives.
(c) Troop Housing Facilities.--Of the amounts authorized to be
appropriated by section 2104, as specified in the corresponding funding
table in section 4601, the Secretary of the Army shall obligate an
additional $10,000,000 for Troop housing facilities in furtherance of
national security objectives.
(d) Utilities and Ground Improvements.--Of the amounts authorized
to be appropriated by section 2104, as specified in the corresponding
funding table in section 4601, the Secretary of the Army shall obligate
an additional $10,000,000 for Army utilities and ground improvements in
furtherance of national security objectives.
(e) Research and Development Facilities.--Of the amounts authorized
to be appropriated by section 2104, as specified in the corresponding
funding table in section 4601, the Secretary of the Army shall obligate
an additional $20,000,000 for research and development facilities in
furtherance of national security objectives.
(f) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204 and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Yuma.......................................... $162,785,000
California................................... Barstow....................................... $8,590,000
Bridgeport.................................... $19,238,000
Camp Pendleton................................ $335,080,000
Coronado...................................... $108,435,000
Point Mugu.................................... $15,377,000
Twentynine Palms.............................. $67,109,000
Florida...................................... Jacksonville.................................. $36,552,000
Whiting Field................................. $20,620,000
Georgia...................................... Kings Bay..................................... $86,063,000
Hawaii....................................... Barking Sands................................. $9,679,000
Joint Base Pearl Harbor-Hickam................ $7,492,000
Kaneohe Bay................................... $57,704,000
Illinois..................................... Great Lakes................................... $91,042,000
Maryland..................................... Indian Head................................... $67,779,000
Patuxent River................................ $45,844,000
North Carolina............................... Camp Lejeune.................................. $200,482,000
Cherry Point Marine Corps Air Station......... $17,760,000
New River..................................... $78,930,000
South Carolina............................... Beaufort...................................... $21,096,000
Virginia..................................... Norfolk....................................... $108,228,000
Portsmouth.................................... $74,864,000
Quantico...................................... $183,690,000
Washington................................... Bremerton..................................... $13,341,000
Kitsap........................................ $758,842,000
Various Locations............................. Unspecified.................................... $59,998,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204 and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installation or location outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain...................................... SW Asia........................................ $100,204,000
Diego Garcia................................. Diego Garcia................................... $35,444,000
Djibouti..................................... Camp Lemonier.................................. $89,499,000
Guam......................................... Joint Region Marianas.......................... $77,267,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204 and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $3,199,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $97,773,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.-- Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2011,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation.--None of the funds appropriated pursuant to the
authorization of appropriations in subsection (a) may be used for
architectural and engineering services and construction design of any
military construction project necessary to establish a homeport for a
nuclear-powered aircraft carrier at Naval Station Mayport, Florida.
SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act
(122 Stat. 511) and extended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2011 (division B of
Public Law 111-383; 124 Stat. 4443), shall remain in effect until
October 1, 2012, or the date of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide............................. Unspecified.............. Host Nation Infrastructure.. $2,700,000
----------------------------------------------------------------------------------------------------------------
(c) Technical Amendment for Consistency in Project Authorization
Display.--The table in section 2201(c) of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 511) is amended by inserting at the end the following
new row:
------------------------------------------------------------------------
``Worldwide Unspecified......... Host Nation $2,700,000''.
Infrastructure.
------------------------------------------------------------------------
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), authorizations set forth in the
table in subsection (b), as provided in section 2201 of that Act (122
Stat. 4670), shall remain in effect until October 1, 2012, or the date
of an Act authorizing funds for military construction for fiscal year
2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Marine Corps Base, Camp Operations Assess Points, $11,970,000
Pendleton............... Red Beach..................
Marine Corps Air Station, Emergency Response Station.. $6,530,000
Miramar.................
District of Columbia.................. Navy Yard................ Child Development Center.... $9,340,000
----------------------------------------------------------------------------------------------------------------
SEC. 2207. ADDITIONAL BUDGET ITEMS RELATING TO NAVY CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) Maintenance and Production Facilities.--Of the amounts
authorized to be appropriated by section 2204, as specified in the
corresponding funding table in section 4601, the Secretary of the Navy
shall obligate an additional $10,000,000 for maintenance and production
facilities in furtherance of national security objectives.
(b) Research and Development Facilities.--Of the amounts authorized
to be appropriated by section 2204, as specified in the corresponding
funding table in section 4601, the Secretary of the Navy shall obligate
an additional $20,000,000 for research and development facilities in
furtherance of national security objectives.
(c) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304 and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Eielson AFB................................ $45,000,000
JB Elmendorf-Richardson.................... $97,000,000
Arizona....................................... Davis-Monthan AFB.......................... $33,000,000
Luke AFB................................... $24,000,000
California.................................... Travis AFB................................. $22,000,000
Vandenberg AFB............................. $14,200,000
Colorado...................................... U.S. Air Force Academy..................... $13,400,000
Delaware...................................... Dover AFB.................................. $2,800,000
Kansas........................................ Fort Riley................................. $7,600,000
Louisiana..................................... Barksdale AFB.............................. $23,500,000
Missouri...................................... Whiteman AFB............................... $4,800,000
North Carolina................................ Pope AFB................................... $6,000,000
North Dakota.................................. Minot AFB.................................. $67,800,000
Nebraska...................................... Offutt AFB................................. $564,000,000
New Mexico.................................... Cannon AFB................................. $22,598,000
Holloman AFB............................... $29,200,000
Kirtland AFB............................... $25,000,000
Nevada........................................ Nellis AFB................................. $35,850,000
Texas......................................... JB San Antonio............................. $64,000,000
Joint Base San Antonio..................... $46,000,000
Utah.......................................... Hill AFB................................... $23,300,000
Virginia...................................... JB Langley Eustis.......................... $50,000,000
Washington.................................... Fairchild AFB.............................. $27,600,000
Various Locations.............................. Unspecified................................. $60,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304 and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Greenland..................... Thule AB............. $28,000,000
Guam.......................... Joint Region Marianas $211,600,000
Germany....................... Ramstein AB.......... $34,697,000
Italy......................... Sigonella............ $15,000,000
Korea, Republic Of............ Osan AB.............. $23,000,000
Qatar......................... Al Udeid............. $37,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304 and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount
not to exceed $4,208,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $80,596,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force, as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2636) for Hickam Air
Force Base, Hawaii, for construction of a Ground Control Tower at the
installation, the Secretary of the Air Force may construct 43 vertical
meters (141 vertical feet) in lieu of 111 square meters (1,195 square
feet), consistent with the Air Force's construction guidelines for
control towers, using amounts appropriated pursuant to authorizations
of appropriations in prior years.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2301(b) of that Act
(122 Stat. 4679), shall remain in effect until October 1, 2012, or the
date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later:
(b) Table.--The table referred to in subsection (a) is as follows:
Air Force: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base..... Child Development Center.... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2307. LIMITATION ON IMPLEMENTATION OF CONSOLIDATION OF AIR AND
SPACE OPERATIONS CENTER OF THE AIR FORCE.
(a) Notice and Wait Requirement.--
(1) Notice and wait.--The Secretary of the Air Force may
not disestablish, close, or realign any element of the Air and
Space Operations Center consolidation initiative until--
(A) the Secretary of Air Force submits a notice of
the proposed disestablishment, closure, or realignment
to the congressional defense committees; and
(B) the expiration of a period of 15 legislative
days or 30 calendar days, whichever is longer,
beginning on the date of the notification is received
by the committees.
(2) Consultation.--The Secretary of the Air Force shall
prepare a notice under paragraph (1) in consultation with the
commanders of the combatant commands.
(3) Legislative day defined.--In this subsection, term
``legislative day'' means a day on which either House of
Congress is in session.
(b) Content of Notice.--The notice under subsection (a) shall
contain at a minimum--
(1) an explanation of the projected savings of the proposed
disestablishment, closure, or realignment;
(2) a cost-benefit analysis of the proposed
disestablishment, closure, or realignment;
(3) the budgetary impact of the proposed disestablishment,
closure, or realignment;
(4) the strategic and operational consequences of the
proposed disestablishment, closure, or realignment;
(5) an appropriate local economic assessment of the
proposed disestablishment, closure, or realignment, which shall
include at a minimum--
(A) a list of Federal, State, and local government
departments and agencies that are required by statute
or regulation to provide assistance and outreach for
the community affected by the proposed
disestablishment, closure, or realignment; and
(B) a list of the contractors and businesses
affected by the proposed disestablishment, closure, or
realignment; and
(6) a continuity of operations plan for the proposed
disestablishment, closure, or realignment.
SEC. 2308. ADDITIONAL BUDGET ITEMS RELATING TO AIR FORCE CONSTRUCTION
AND LAND ACQUISITION PROJECTS.
(a) Supporting Facilities.--Of the amounts authorized to be
appropriated by section 2304, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $10,000,000 for supporting facilities in furtherance of
national security objectives.
(b) Operational Facilities.--Of the amounts authorized to be
appropriated by section 2304, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $20,000,000 for operational facilities in furtherance of
national security objectives.
(c) Community Facilities.--Of the amounts authorized to be
appropriated by section 2304, as specified in the corresponding funding
table in section 4601, the Secretary of the Air Force shall obligate an
additional $20,000,000 for community facilities in furtherance of
national security objectives.
(d) Maintenance and Production Facilities.--Of the amounts
authorized to be appropriated by section 2304, as specified in the
corresponding funding table in division D, the Secretary of the Air
Force shall obligate an additional $10,000,000 for maintenance and
production facilities in furtherance of national security objectives.
(e) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Anchorage.................................. $18,400,000
Eielson AFB................................ $14,800,000
Alabama....................................... Redstone Arsenal........................... $58,800,000
Arizona....................................... Davis-Monthan AFB.......................... $23,000,000
California.................................... Camp Pendleton............................. $12,141,000
Coronado................................... $42,000,000
Defense Distribution Depot-Tracy........... $15,500,000
San Clemente............................... $21,800,000
Colorado...................................... Buckley AFB................................ $140,932,000
District of Columbia.......................... Bolling AFB................................ $16,736,000
Florida....................................... Eglin AFB.................................. $51,600,000
Eglin AUX 9................................ $9,500,000
MacDill AFB................................ $15,200,000
Whiting Field.............................. $3,800,000
Georgia....................................... Fort Benning............................... $37,205,000
Fort Gordon................................ $11,340,000
Fort Stewart............................... $72,300,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam............. $14,400,000
Illinois...................................... Great Lakes................................ $16,900,000
Kentucky...................................... Fort Campbell.............................. $138,500,000
Fort Knox.................................. $38,845,000
Louisiana..................................... Barksdale AFB.............................. $6,200,000
Massachusetts................................. Hanscom AFB................................ $34,040,000
Westover ARB............................... $23,300,000
Maryland....................................... Bethesda Naval Hospital.................... $18,000,000
Fort Meade................................. $860,579,000
Joint Base Andrews......................... $265,700,000
Missouri...................................... Arnold..................................... $9,253,000
Mississippi................................... Columbus AFB............................... $2,600,000
Gulfport................................... $34,700,000
North Carolina................................ Camp Lejeune............................... $6,670,000
Fort Bragg................................. $206,274,000
New River.................................. $22,687,000
Pope AFB................................... $5,400,000
New Mexico.................................... Cannon AFB................................. $132,997,000
New York...................................... Fort Drum.................................. $20,400,000
Ohio.......................................... Columbus................................... $10,000,000
Oklahoma...................................... Altus AFB.................................. $8,200,000
Pennsylvania.................................. DEF Distribution Depot New Cumberland...... $46,000,000
Philadelphia............................... $8,000,000
South Carolina................................ Joint Base Charleston...................... $24,868,000
Texas.......................................... Joint Base San Antonio..................... $194,300,000
Virginia...................................... Charlottesville............................ $10,805,000
Dahlgren................................... $1,988,000
Dam Neck................................... $23,116,000
Fort Belvoir............................... $54,625,000
Joint Expeditionary Base Little Creek - $37,000,000
Story......................................
Pentagon................................... $8,742,000
Quantico................................... $46,727,000
Washington.................................... JB Lewis McChord........................... $35,000,000
Whidbey Island............................. $25,000,000
West Virginia................................. Camp Dawson................................ $2,200,000
Various Locations.............................. Unspecified................................. $50,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Belgium....................................... Brussels................................... $24,118,000
Germany....................................... Ansbach.................................... $11,672,000
Baumholder................................. $59,419,000
Grafenwoehr................................ $6,529,000
Rhine Ordnance Barracks.................... $1,196,650,000
Spangdalem Air Base........................ $129,043,000
Stuttgart-Patch Barracks................... $2,434,000
Italy......................................... Vicenza.................................... $41,864,000
Japan......................................... Yokota Air Base............................ $61,842,000
United Kingdom................................ Menwith Hill Station....................... $68,601,000
Royal Air Force Alconbury.................. $35,030,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available
for energy conservation projects inside the United States as specified
in the funding table in section 4601, the Secretary of Defense may
carry out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona........................................ Davis-Monthan AFB........................... $4,650,000
California..................................... Presidio of Monterey........................ $5,000,000
Colorado....................................... Fort Carson................................. $4,277,000
Florida........................................ Tyndall AFB................................. $3,255,000
Georgia........................................ MCLB Albany................................. $3,504,000
Massachusetts.................................. Hanscom AFB................................. $3,609,000
New York....................................... Fort Drum................................... $3,500,000
North Carolina................................. Fort Bragg.................................. $13,400,000
North Carolina................................. Camp Lejeune................................ $6,925,000
Oklahoma....................................... Altus AFB................................... $5,700,000
Tennessee...................................... Arnold AFB.................................. $3,300,000
Utah........................................... Tooele Army Depot........................... $8,200,000
Wyoming........................................ FE Warren AFB............................... $12,600,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available
for energy conservation projects outside the United States as specified
in the funding table in section 4601, the Secretary of Defense may
carry out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam........................................... NB Guam..................................... $17,377,000
Marshall Islands............................... Kwajalein Atoll............................. $6,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments), as specified in the
funding table in section 4601.
SEC. 2404. ADDITIONAL BUDGET ITEMS RELATING TO DEFENSE AGENCIES
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Defense Access Roads.--Of the amounts authorized to be
appropriated by section 2403, as specified in the corresponding funding
table in division D, the Secretary of Defense shall obligate an
additional $40,000,000 for defense access roads in furtherance of
national security objectives.
(b) Special Operation Forces Land Acquisition.--Of the amounts
authorized to be appropriated by section 2403, as specified in the
corresponding funding table in section 4601, the Secretary of Defense
shall obligate an additional $10,000,000 for Special Operation Forces
land acquisition in furtherance of national security objectives.
(c) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION
CONSTRUCTION, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction and land
acquisition for chemical demilitarization, as specified in the funding
table in section 4601.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of--
(1) the amount authorized to be appropriated pursuant to
section 2502 and available for this purpose as specified in the
funding table in section 4601; and
(2) the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by
the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for contributions by the Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, as specified in the funding table in section 4601.
TITLE XXVI--GUARD RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606 and available
for the National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National Guard
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama.................................... Fort McClellan.................................. $16,500,000
Arkansas................................... Fort Chaffee.................................... $3,500,000
Arizona.................................... Papago Military Reservation..................... $17,800,000
California................................. Camp Roberts.................................... $38,160,000
Camp San Luis Obispo............................ $8,000,000
Colorado................................... Alamosa......................................... $6,400,000
Aurora.......................................... $3,600,000
Fort Carson..................................... $43,000,000
District of Columbia....................... Anacostia....................................... $5,300,000
Florida.................................... Camp Blanding................................... $5,500,000
Georgia.................................... Atlanta......................................... $11,000,000
Hinesville...................................... $17,500,000
Macon........................................... $14,500,000
Hawaii..................................... Kalaeloa........................................ $33,000,000
Illinois................................... Normal.......................................... $10,000,000
Indiana.................................... Camp Atterbury.................................. $81,900,000
Indianapolis.................................... $25,700,000
Massachusetts.............................. Natick.......................................... $9,000,000
Maryland................................... Dundalk......................................... $16,000,000
La Plata........................................ $9,000,000
Westminster..................................... $10,400,000
Maine...................................... Bangor.......................................... $15,600,000
Brunswick....................................... $23,000,000
Minnesota.................................. Camp Ripley..................................... $8,400,000
Mississippi................................ Camp Shelby..................................... $64,600,000
North Carolina............................. Greensboro...................................... $3,700,000
Nebraska................................... Grand Island.................................... $22,000,000
Mead............................................ $9,100,000
New Jersey................................. Lakehurst....................................... $49,000,000
New Mexico................................. Santa Fe........................................ $5,200,000
Nevada..................................... Las Vegas....................................... $23,000,000
Oklahoma................................... Camp Gruber..................................... $13,361,000
Oregon..................................... The Dalles...................................... $13,800,000
South Carolina............................. Allendale....................................... $4,300,000
Utah....................................... Camp Williams................................... $6,500,000
Virginia................................... Fort Pickett.................................... $11,000,000
Wisconsin.................................. Camp Williams................................... $7,000,000
West Virginia.............................. Buckhannon...................................... $10,000,000
Wyoming.................................... Cheyenne........................................ $8,900,000
Various Locations........................... Unspecified...................................... $50,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606 and available
for the National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National Guard
locations outside the United States, and in the amounts, set forth in
the following table:
Army National Guard: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico.................................. Fort Buchanan................................. $57,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Fort Hunter Liggett........................... $5,200,000
Colorado..................................... Fort Collins.................................. $13,600,000
Illinois..................................... Homewood...................................... $16,000,000
Rockford...................................... $12,800,000
Indiana...................................... Lawrence...................................... $57,000,000
Kansas....................................... Kansas City................................... $13,000,000
Massachusetts................................ Attleboro..................................... $22,000,000
Minnesota.................................... Saint Joseph.................................. $11,800,000
Missouri..................................... Weldon Springs................................ $19,000,000
North Carolina............................... Greensboro.................................... $19,000,000
New York..................................... Schenectady................................... $20,000,000
South Carolina............................... Orangeburg.................................... $12,000,000
Wisconsin.................................... Fort McCoy.................................... $27,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania................................. Pittsburgh.................................... $13,759,000
Tennessee.................................... Memphis....................................... $7,949,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Beale AFB..................................... $6,100,000
Moffett Field................................. $26,000,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam................ $26,800,000
Indiana...................................... Fort Wayne IAP................................ $4,000,000
Massachusetts................................ Otis ANGB..................................... $7,800,000
Maryland..................................... Martin State Airport.......................... $4,900,000
Ohio......................................... Springfield Beckley-MAP....................... $6,700,000
Various Locations............................. Unspecified.................................... $30,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... March AFB..................................... $16,393,000
South Carolina............................... Charleston AFB................................ $9,593,000
Various Locations............................. Unspecified.................................... $10,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
Subtitle B--Additional Budget Items
SEC. 2611. ADDITIONAL BUDGET ITEMS RELATING TO ARMY NATIONAL GUARD
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Operational Facilities.--Of the amounts authorized to be
appropriated by section 2606, as specified in the corresponding funding
table in section 4601, the Secretary of the Army shall obligate an
additional $10,000,000 for Army National Guard operational facilities
in furtherance of national security objectives.
(b) Maintenance and Production Facilities.--Of the amounts
authorized to be appropriated by section 2606, as specified in the
corresponding funding table in section 4601, the Secretary of the Army
shall obligate an additional $30,000,000 for maintenance and production
facilities in furtherance of national security objectives.
(c) Training Facilities.--Of the amounts authorized to be
appropriated by section 2606, as specified in the corresponding funding
table in section 4601, the Secretary of the Army shall obligate an
additional $10,000,000 for training facilities in furtherance of
national security objectives.
(d) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 2612. ADDITIONAL BUDGET ITEMS RELATING TO AIR NATIONAL GUARD
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Operational Facilities Authority.--Of the amounts authorized to
be appropriated by section 2606, as specified in the corresponding
funding table in division D, the Secretary of the Air Force shall
obligate an additional $10,000,000 for Air National Guard operational
facilities in furtherance of national security objectives.
(b) Maintenance and Production Facilities.--Of the amounts
authorized to be appropriated by section 2606, as specified in the
corresponding funding table in division D, the Secretary of the Air
Force shall obligate an additional $20,000,000 for maintenance and
production facilities in furtherance of national security objectives.
(c) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
SEC. 2613. ADDITIONAL BUDGET ITEM RELATING TO AIR FORCE RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Training Facilities.--Of the amounts authorized to be
appropriated by section 2606, as specified in the corresponding funding
table in division D, the Secretary of the Air Force shall obligate an
additional $10,000,000 for training facilities in furtherance of
national security objectives.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in this section with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
Subtitle C--Other Matters
SEC. 2621. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2601 of that Act (122
Stat. 527) and extended by section 2607 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law 111-
383; 124 Stat. 4454), shall remain in effect until October 1, 2012, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania.......................... East Fallowfield Readiness Center (SBCT).......... $ 8,300,000
Township...............
----------------------------------------------------------------------------------------------------------------
SEC. 2622. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorizations set forth in
the tables in subsection (b), as provided in sections 2601, 2602, and
2603 of that Act (122 Stat. 4699), shall remain in effect until October
1, 2012, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2013, whichever is later.
(b) Table.--The tables referred to in subsection (a) are as
follows:
Army National Guard: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Camp Atterbury.......... Machine Gun Range................ $ 5,800,000
Nevada................................ Elko.................... Readiness Center................. $11,375,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
New York.............................. Staten Island........... Reserve Center................... $18,550,000
----------------------------------------------------------------------------------------------------------------
Navy and Marine Corps Reserve: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware.............................. Wilmington.............. Reserve Center................... $11,530,000
----------------------------------------------------------------------------------------------------------------
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.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, as
specified in the funding table in section 4601.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703 and available for base realignment and
closure activities as specified in the funding table in section 4601,
the Secretary of Defense may carry out base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, as
specified in the funding table in section 4601.
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, as
specified in the funding table in section 4601.
SEC. 2704. AUTHORITY TO EXTEND DEADLINE FOR COMPLETION OF LIMITED
NUMBER OF BASE CLOSURE AND REALIGNMENT RECOMMENDATIONS.
Section 2904 of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
is amended--
(1) in subsection (a)(5), by striking ``complete'' and
inserting ``complete, except in the case of a closure or
realignment recommendation extended pursuant to subsection
(c),''; and
(2) by adding at the end the following new subsection:
``(c) Limited Authority to Extend Implementation Period.--(1)
Subject to paragraphs (2) and (3), in the case of the recommendations
of the Commission contained in the report of the Commission transmitted
by the President to Congress in accordance with section 2914(e) on
September 15, 2005, the Secretary may extend the period for completing
not more than seven of the closure or realignment recommendations until
the later of the following:
``(A) September 15, 2012.
``(B) The date of the enactment of an Act authorizing funds
for military construction for fiscal year 2013.
``(2) To extend a closure or realignment recommendation under this
subsection, the Secretary shall submit to the congressional defense
committees a report containing--
``(A) a justification of the need for the extension of the
closure or realignment recommendation;
``(B) a certification that the extension is necessary to
ensure the operational readiness of units or functions being
relocated as part of the implementation of the recommendation;
``(C) an explanation of the impact of the extension on
communities in the vicinity of the affected installations;
``(D) an explanation of the impacts of not providing the
extension on operational readiness;
``(E) an estimation of the costs associated with the
extension; and
``(F) a schedule for completing the closure or realignment
recommendation in light of the extension.
``(3) The extension of a closure or realignment recommendation
under this subsection shall take effect only after--
``(A) the end of the 21-day period beginning on the date on
which the report required by paragraph (2) with respect to that
recommendation is received by the congressional defense
committees; or
``(B) if earlier, the end of the 14-day period beginning on
the date on which a copy of the report is provided in an
electronic medium pursuant to section 480 of title 10, United
States Code.
``(4) The Secretary may not delegate the authority provided by this
subsection.''.
SEC. 2705. INCREASED EMPHASIS ON EVALUATION OF COSTS AND BENEFITS IN
CONSIDERATION AND SELECTION OF MILITARY INSTALLATIONS FOR
CLOSURE OR REALIGNMENT.
(a) Evaluation of Costs and Benefits.--Subsection (b)(1) of section
2687 of title 10, United States Code, is amended by striking ``fiscal,
local economic, budgetary,'' and inserting ``costs and benefits of such
closure or realignment and of the local economic,''.
(b) Revised Definition of Realignment.--Subsection (e)(3) of such
section is amended by striking ``, but does not include a reduction in
force resulting from workload adjustments, reduced personnel or funding
levels, skill imbalances, or other similar causes''.
(c) Relation to Commission Base Closure Process.--If the
development of recommendations for the closure and realignment of
military installations utilizes a Defense Base Closure and Realignment
Commission (as was the case under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), rather than the authority of section 2687 of title
10, United States Code, the amendments made by this section shall apply
to the resulting development of recommendations for the closure and
realignment of military installations by the Secretary of Defense and
the Commission.
SEC. 2706. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION
INFRASTRUCTURE IN CONSIDERATION AND SELECTION OF MILITARY
INSTALLATIONS FOR CLOSURE OR REALIGNMENT.
(a) Modification of Selection Criteria.--Subsection (b)(1) of
section 2687 of title 10, United States Code, is amended--
(1) by striking ``notification an evaluation'' and
inserting ``notification--
``(A) an evaluation''; and
(2) by adding at the end the following new subparagraph:
``(B) the criteria used to consider and recommend
military installations for such closure or realignment,
which shall include at a minimum consideration of--
``(i) the ability of the infrastructure
(including transportation infrastructure) of
both the existing and receiving communities to
support forces, missions, and personnel as a
result of such closure or realignment; and
``(ii) the costs associated with community
transportation infrastructure improvements as
part of the evaluation of cost savings or
return on investment of such closure or
realignment; and''.
(b) Effect of Significant Impacts.--Such section is further amended
by adding at the end the following new subsection:
``(f) If the Secretary of Defense or the Secretary of the military
department concerned determines, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), that a significant
transportation impact will occur at a result of an action described in
subsection (a), the action may not be taken unless and until the
Secretary of Defense or the Secretary of the military department
concerned--
``(1) analyzes the adequacy of transportation
infrastructure at and in the vicinity of each military
installation that would be impacted by the action;
``(2) concludes consultation with the Federal Highway
Administration with regard to such impact;
``(3) analyzes the impact of the action on local
businesses, neighborhoods, and local governments; and
``(4) includes in the notification required by subsection
(b)(1) a description of how the Secretary intends to remediate
the significant transportation impact.''.
(c) Transportation Infrastructure Defined.--Such subsection is
further amended by adding at the end the following new paragraph:
``(5) The term `transportation infrastructure' includes
transit, pedestrian, and bicycle infrastructure.''.
(d) Relation to Commission Base Closure Process.--If the
development of recommendations for the closure and realignment of
military installations utilizes a Defense Base Closure and Realignment
Commission (as was the case under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note), rather than the authority of section 2687 of title
10, United States Code, the amendments made by this section shall apply
to the resulting development of recommendations for the closure and
realignment of military installations by the Secretary of Defense and
the Commission.
SEC. 2707. LIMITATION ON BRAC 133 PROJECT IMPLEMENTATION.
The Secretary of Defense may not use more than 1,000 parking spaces
provided by the combination of spaces provided by the BRAC 133 project
and the lease of spaces in the immediate vicinity of the BRAC 133
project until both of the following occur:
(1) The Secretary of Defense documents either a Record of
Environmental Consideration or a Supplemental Environment
Assessment for the finding in the 2008 BRAC 133 Environmental
Assessment of no significant impact.
(2) The Secretary of Defense certifies that all defense
access road-certified mitigation projects related to the BRAC
133 project have been constructed.
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.
(a) Prohibition.--Section 2306 of title 10, United States Code, is
amended by inserting after subsection (b) the following new subsection:
``(c) A contract entered into by the United States in connection
with a military construction project or a military family housing
project may not use any form of cost-plus contracting. This prohibition
is in addition to the prohibition specified in subsection (a) on the
use of the cost-plus-a-percentage-of-cost system of contracting and
applies notwithstanding a declaration of war or the declaration by the
President of a national emergency under section 201 of the National
Emergencies Act (50 U.S.C. 1621) that includes the use of the armed
forces.''.
(b) Application of Amendment.--Subsection (c) of section 2306 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to any contract entered into by the United States in
connection with a military construction project or a military family
housing project after the date of the enactment of this Act.
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) Single Threshold for Unspecified Minor Military Construction
Projects.--Subsection (a)(2) of section 2805 of title 10, United States
Code, is amended by striking ``$2,000,000.'' in the first sentence and
all that follows through the end of the second sentence and inserting
``$3,000,000.''.
(b) Single Threshold for Use of Operation and Maintenance Funds.--
Subsection (c) of such section is amended--
(1) by striking ``(1) Except as provided in paragraph (2),
the'' and inserting ``The''; and
(2) by striking ``not more than'' and all that follows
through the end of the subsection and inserting ``not more than
$750,000''.
(c) Extension of Special Laboratory Revitalization Authority.--
Subsection (d) of such section is amended--
(1) in paragraph (3), by striking ``February 1, 2010'' and
inserting ``February 1, 2014''; and
(2) in paragraph (5), by striking ``September 30, 2012''
and inserting ``September 30, 2016''.
(d) Conforming Amendments.--
(1) Cross references regarding working-capital funds.--
Section 2208 of such title is amended--
(A) in subsection (k)(2)(A), by striking ``section
2805(c)(1)'' and inserting ``section 2805(c)''; and
(B) in subsection (o)(2)(A), by striking ``section
2805(c)(1)'' and inserting ``section 2805(c)''.
(2) Cross reference regarding cost and scope of work
variations.--Section 2853(a) of such title is amended by
striking ``section 2805(a)(1)'' and inserting ``section
2805(a)''.
(3) Cross reference regarding notice and wait requirements
for reserve projects.--Section 18233a(b)(2)(B)(ii) of such
title is amended by striking ``section 2805(a)(2)'' and
inserting ``section 2805(a)''.
(4) Cross reference regarding using operation and
maintenance funds for small reserve projects.--Section 18233b
of such title is amended by striking ``not more than'' and all
that follows through the end of the section and inserting ``not
more than the amount specified in section 2805(c) of this
title.''.
SEC. 2803. CONDITION ON RENTAL OF FAMILY HOUSING IN FOREIGN COUNTRIES
FOR GENERAL AND FLAG OFFICERS.
(a) Condition.--Section 2828(e) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(7) Housing units in foreign countries leased under subsection
(c) for assignment as family housing for general officers or flag
officers may not exceed the floor area and design criteria for similar
housing in the United States.''.
(b) Application of Amendment.--Subsection (e)(7) of section 2828 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to leases of family housing in foreign countries entered
into under subsection (c) of such section after the date of the
enactment of this Act.
SEC. 2804. PROTECTIONS FOR SUPPLIERS OF LABOR AND MATERIALS UNDER
CONTRACTS FOR MILITARY CONSTRUCTION PROJECTS AND MILITARY
FAMILY HOUSING PROJECTS.
Section 2852 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) In the case of a military construction project or a military
family housing project, the contract amount thresholds specified in
subchapter III of chapter 31 of title 40 (commonly referred to as the
Miller Act) shall be applied by substituting `$150,000' for `$100,000'
for purposes of determining when a performance bond and payment bond
are required under section 3131 of such title and when alternatives to
payment bonds as payment protections for suppliers of labor and
materials are required under section 3132 of such title.''.
SEC. 2805. ONE-YEAR EXTENSION OF AUTHORITY TO USE OPERATION AND
MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS INSIDE UNITED
STATES CENTRAL COMMAND AREA OF RESPONSIBILITY AND
COMBINED JOINT TASK FORCE-HORN OF AFRICA AREAS OF
RESPONSIBILITY AND INTEREST.
(a) One-year Extension of Authority; Limitation.--Section 2808 of
the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1723), as most recently
amended by section 2804 of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat.
4459), is amended--
(1) in subsection (c)(2), by striking ``fiscal year 2011''
and inserting ``fiscal year 2012''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``September 30,
2011'' and inserting ``September 30, 2012''; and
(B) in paragraph (2), by striking ``fiscal year
2012'' and inserting ``fiscal year 2013''.
(b) Technical Amendment.--Subsections (a) and (i) of such section
are amended by striking ``Combined Task Force-Horn of Africa'' each
place it appears and inserting ``Combined Joint Task Force-Horn of
Africa''.
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.
Section 2674(e)(4) of title 10, United States Code, is amended--
(1) by striking ``The authority'' and inserting ``(A)
Except as provided in subparagraph (B), the authority''; and
(2) by adding at the end the following new subparagraph:
``(B) Notwithstanding the date specified in subparagraph (A), the
Secretary may use monies from the Fund after that date to support
construction or alteration activities at the Pentagon Reservation
within the limits specified in section 2805 of this title.''.
SEC. 2812. REMOVAL OF DISCRETION OF SECRETARIES OF THE MILITARY
DEPARTMENTS REGARDING PURPOSES FOR WHICH EASEMENTS FOR
RIGHTS-OF-WAY MAY BE GRANTED.
Section 2668(a) of title 10, United States Code, is amended--
(1) in paragraph (11), by inserting ``and'' at the end of
the paragraph;
(2) in paragraph (12), by striking ``; and'' and inserting
a period; and
(3) by striking paragraph (13).
SEC. 2813. LIMITATIONS ON USE OR DEVELOPMENT OF PROPERTY IN CLEAR ZONE
AREAS.
Section 2684a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period and
inserting ``; or''; and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) protecting Clear Zone Areas from use or encroachment
that is incompatible with the mission of the installation.'';
and
(2) in subsection (i), by inserting after paragraph (2) the
following new paragraph:
``(3) The term `Clear Zone Area' means an area immediately
beyond the end of the runway of an airfield that is needed to
ensure the safe and unrestricted passage of aircraft in and
over the area.''.
SEC. 2814. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS
TRANSPORTATION INFRASTRUCTURE IN VICINITY OF MILITARY
INSTALLATIONS.
(a) Availability of Defense Access Roads Funds for BRAC-related
Transportation Improvements.--
(1) Availability of defense access roads funds.--Section
210(a)(2) of title 23, United States Code, is amended by adding
at the end the following new sentence: ``The Secretary of
Defense shall determine the magnitude of the required
improvements without regard to the extent to which traffic
generated by the reservation is greater than other traffic in
the vicinity of the reservation.''.
(2) Retroactive application.--The amendment made by
paragraph (1) shall apply with respect to the implementation of
the recommendations of the Defense Base Closure and Realignment
Commission contained in the report of the Commission received
by Congress on September 19, 2005, under section 2903(e) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(b) Economic Adjustment Committee Consideration of Additional
Defense Access Roads Funding Sources.--
(1) Convening of committee.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense, as the chairperson of the Economic Adjustment
Committee established in Executive Order No. 127887 (10 U.S.C.
2391 note), shall convene the Economic Adjustment Committee to
consider additional sources of funding for the defense access
roads program under section 210 of title 23, United States
Code.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report describing the results of the Economic
Adjustment Committee deliberations and containing an
implementation plan to expand funding sources for the
mitigation of significant transportation impacts to access to
military reservations pursuant to subsection (b) of section 210
of title 23, United States Code, as amended by subsection (a).
(c) Separate Budget Request for Program.--Amounts requested for a
fiscal year for the defense access roads program under section 210 of
title 23, United States Code, shall be set forth as a separate budget
request in the budget transmitted by the President to Congress for that
fiscal year under section 1105 of title 31, United States.
Subtitle C--Energy Security
SEC. 2821. CONSOLIDATION OF DEFINITIONS USED IN ENERGY SECURITY
CHAPTER.
(a) Consolidation of Definitions.--
(1) In general.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by inserting before section 2925
the following new section:
``Sec. 2924. Definitions
``In this chapter:
``(1) The term `defined fuel source' means any of the
following:
``(A) Petroleum.
``(B) Natural gas.
``(C) Coal.
``(D) Coke.
``(2) The term `energy-efficient maintenance' includes--
``(A) the repair of military vehicles, equipment,
or facility and infrastructure systems, such as
lighting, heating, or cooling equipment or systems, or
industrial processes, by replacement with technology
that--
``(i) will achieve energy savings over the
life-cycle of the equipment or system being
repaired; and
``(ii) will meet the same end needs as the
equipment or system being repaired; and
``(B) improvements in an operation or maintenance
process, such as improved training or improved
controls, that result in energy savings.
``(3)(A) The term `energy security' means having assured
access to reliable supplies of energy and the ability to
protect and deliver sufficient energy to meet operational
needs.
``(B) In selecting facility energy projects on a military
installation that will use renewable energy sources, pursuit of
energy security means the installation will give favorable
consideration to projects that provide power directly into the
installation electrical distribution network. In such cases,
this power should be prioritized to provide the power necessary
for critical assets on the installation in the event of a
disruption in the commercial grid.
``(4) The term `hybrid', with respect to a motor vehicle,
means a motor vehicle that draws propulsion energy from onboard
sources of stored energy that are both--
``(A) an internal combustion or heat engine using
combustible fuel; and
``(B) a rechargeable energy storage system.
``(5) The term `operational energy' means the energy
required for training, moving, and sustaining military forces
and weapons platforms for military operations. The term
includes energy used by tactical power systems and generators
and weapons platforms.
``(6) The term `petroleum' means natural or synthetic
crude, blends of natural or synthetic crude, and products
refined or derived from natural or synthetic crude or from such
blends.
``(7) The term `renewable energy source' means energy
generated from renewable sources, including the following:
``(A) Solar, including electricity and direct use.
``(B) Wind.
``(C) Biomass.
``(D) Landfill gas.
``(E) Ocean, including tidal, wave, current, and
thermal.
``(F) Geothermal, including electricity and heat
pumps.
``(G) Municipal solid waste.
``(H) New hydroelectric generation capacity
achieved from increased efficiency or additions of new
capacity at an existing hydroelectric project. For
purposes of this subparagraph, hydroelectric generation
capacity is `new' if it was placed in service on or
after January 1, 1999.
``(I) Thermal energy generated by any of the
preceding sources.''.
(2) Clerical amendments.--Such chapter is further amended--
(A) in the table of subchapters at the beginning of
such chapter, by striking ``2925'' and inserting
``2924''; and
(B) in the table of sections at the beginning of
subchapter III of such chapter, by inserting before the
item relating to section 2925 the following new
section:
``2924. Definitions.''.
(b) Conforming Amendments Striking Separate Definitions.--Such
chapter is further amended--
(1) in section 2911--
(A) in subsection (d)--
(i) by striking ``(1)'' before ``For the
purpose'';
(ii) by striking paragraph (2); and
(iii) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively; and
(B) in subsection (e), by striking paragraph (2);
(2) in section 2922e, by striking subsections (e) and (f);
(3) in section 2922g, by striking subsection (d); and
(4) in section 2925(b), by striking paragraph (4).
SEC. 2822. CONSIDERATION OF ENERGY SECURITY IN DEVELOPING ENERGY
PROJECTS ON MILITARY INSTALLATIONS USING RENEWABLE ENERGY
SOURCES.
(a) Policy of Pursuing Energy Security.--
(1) Policy required.--The Secretary of Defense shall
establish a policy under which a military installation shall
give favorable consideration for energy security in the design
and development of energy projects on the military installation
that will use renewable energy sources.
(2) Notification.--The Secretary of Defense shall provide
notification to Congress within 30 days after entering into any
agreement for a facility energy project described in paragraph
(1) that excludes pursuit of energy security on the grounds
that inclusion of energy security is cost prohibitive. The
Secretary shall also provide a cost-benefit-analysis of the
decision.
(3) Energy security defined.--In this subsection, the term
``energy security'' has the meaning given that term in
paragraph (3) of section 2924 of title 10, United States Code,
as added by section 2821(a).
(b) Additional Consideration for Developing and Implementing Energy
Performance Goals and Energy Performance Master Plan.--Section 2911(c)
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(12) Opportunities for improving energy security for
facility energy projects that will use renewable energy
sources.''.
(c) Development of Geothermal Energy on Military Lands.--Section
2917 of such title is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Development Authorized.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Consideration of Energy Security.--The development of a
geothermal energy project under subsection (a) should include
consideration of energy security in the design and development of the
project.''.
(d) Reporting Requirement.--Section 2925(a)(3) of such title is
amended by inserting ``whether the project incorporates energy security
into its design,'' after ``through the duration of each such
mechanism,''.
SEC. 2823. ESTABLISHMENT OF INTERIM OBJECTIVE FOR DEPARTMENT OF DEFENSE
2025 RENEWABLE ENERGY GOAL.
(a) Interim Objective.--Section 2911(e) of title 10, United States
Code, as amended by section 2821(b)(1)(B), is further amended by
inserting after paragraph (1) the following new paragraph:
``(2) To help ensure that the goal specified in paragraph (1)(A)
regarding the use of renewable energy by the Department of Defense is
achieved, the Secretary of Defense shall establish an interim goal for
fiscal year 2018 for the production or procurement of facility energy
from renewable energy sources.''.
(b) Deadline; Congressional Notification.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall notify the congressional defense committees of the interim
renewable energy goal established pursuant to the amendment made by
subsection (a).
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.
(a) Purchase and Use of Renewable Energy Certificates.--Section
2911(e) of title 10, United States Code, as amended by sections
2821(b)(1)(B) and 2823(a), is further amended by adding at the end the
following new paragraph:
``(3)(A) The Secretary of Defense shall establish a policy to
maximize savings for the bulk purchase of replacement renewable energy
certificates in connection with the development of facility energy
projects using renewable energy sources.
``(B) Under the policy required by subparagraph (A), the Secretary
of a military department shall submit requests for the purchase of
replacement renewable energy certificates to a centralized purchasing
authority maintained by such department or the Defense Logistics Agency
with expertise regarding--
``(i) the market for renewable energy certificates;
``(ii) the procurement of renewable energy certificates;
and
``(iii) obtaining the best value for the military
department by maximizing the purchase of renewable energy
certificates from projects placed into service before January
1, 1999.
``(C) The centralized purchasing authority shall solicit industry
for the most competitive offer for replacement renewable energy
certificates, to include a combination of renewable energy certificates
from new projects and projects placed into service before January 1,
1999.
``(D) Subparagraph (B) does not prohibit the Secretary of a
military department from entering into an agreement outside of the
centralized purchasing authority if the Secretary will obtain the best
value by bundling the renewable energy certificates with the facility
energy project through a power purchase agreement or other contractual
mechanism at the installation.
``(E) Nothing in this paragraph shall be construed to authorize the
purchase of renewable energy certificates to meet Federal goals or
mandates in the absence of the development of a facility energy project
using renewable energy sources.
``(F) This policy does not make the purchase of renewable energy
certificates mandatory, but the policy shall apply whenever original
renewable energy certificates are proposed to be swapped for
replacement renewable energy certificates.''.
(b) Reporting Requirements.--Section 2925(a) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) In addition to the information contained in the table
listing energy projects financed through third party financing
mechanisms, as required by paragraph (3), the table also shall
list any renewable energy certificates associated with each
project, including information regarding whether the renewable
energy certificates were bundled or unbundled, the purchasing
authority for the renewable energy certificates, and the price
of the associated renewable energy certificates.''.
SEC. 2825. IDENTIFICATION OF ENERGY-EFFICIENT PRODUCTS FOR USE IN
CONSTRUCTION, REPAIR, OR RENOVATION OF DEPARTMENT OF
DEFENSE FACILITIES.
(a) Responsibility of Secretary of Defense.--Section 2915(e) of
title 10, United States Code, is amended by striking paragraph (2) and
inserting the following new paragraph:
``(2)(A) The Secretary of Defense shall prescribe a definition of
the term `energy-efficient product' for purposes of this subsection and
establish and maintain a list of products satisfying the definition.
The definition and list shall be developed in consultation with the
Secretary of Energy to ensure, to the maximum extent practicable,
consistency with definitions of the term used by other Federal
agencies.
``(B) The Secretary shall modify the definition and list of energy-
efficient products as necessary to account for emerging or changing
technologies.
``(C) The list of energy-efficient products shall be included as
part of the energy performance master plan developed pursuant to
section 2911(b)(2) of this title.''.
(b) Conforming Amendment to Energy Performance Master Plan.--
Section 2911(b)(2) of such title is amended by adding at the end the
following new subparagraph:
``(F) The up-to date list of energy-efficient products
maintained under section 2915(e)(2) of this title.''.
SEC. 2826. CORE CURRICULUM AND CERTIFICATION STANDARDS FOR DEPARTMENT
OF DEFENSE ENERGY MANAGERS.
(a) Training Program and Issuance of Guidance.--
(1) In general.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by inserting after section 2915
the following new section:
``Sec. 2915a. Facilities: Department of Defense energy managers
``(a) Training Program Required.--The Secretary of Defense shall
establish a training program for Department of Defense energy managers
designated for military installations--
``(1) to improve the knowledge, skills, and abilities of
energy managers; and
``(2) to improve consistency among energy managers
throughout the Department in the performance of their
responsibilities.
``(b) Curriculum and Certification.--(1) The Secretary of Defense
shall identify core curriculum and certification standards required for
energy managers. At a minimum, the curriculum shall include the
following:
``(A) Details of the energy laws that the Department of
Defense is obligated to comply with and the mandates that the
Department of Defense is obligated to implement.
``(B) Details of energy contracting options for third-party
financing of facility energy projects.
``(C) Details of the interaction of Federal laws with State
and local renewable portfolio standards.
``(D) Details of current renewable energy technology
options, and lessons learned from exemplary installations.
``(E) Details of strategies to improve individual
installation acceptance of its responsibility for reducing
energy consumption.
``(F) Details of how to conduct an energy audit and the
responsibilities for commissioning, recommissioning, and
continuous commissioning of facilities.
``(2) The curriculum and certification standards shall leverage the
best practices of each of the military departments.
``(3) The certification standards shall identify professional
qualifications required to be designated as an energy manager.
``(c) Information Sharing.--The Secretary of Defense shall ensure
that there are opportunities and forums for energy managers to exchange
ideas and lessons-learned within each military department, as well as
across the Department of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2915 the following new item:
``2915a. Facilities: Department of Defense energy managers.''.
(b) Issuance of Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
guidance for the implementation of the core curriculum and
certification standards for energy managers required by section 2915a
of title 10, United States Code, as added by subsection (a).
(c) Briefing Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, or designated
representatives of the Secretary, shall brief the Committees on Armed
Services of the Senate and House of Representatives regarding the
details of the energy manager core curriculum and certification
requirements.
SEC. 2827. SUBMISSION OF ANNUAL DEPARTMENT OF DEFENSE ENERGY MANAGEMENT
REPORTS.
Section 2925(a) of title 10, United States Code, is amended by
striking ``As part of the annual submission of the energy performance
goals for the Department of Defense under section 2911 of this title,
the Secretary of Defense shall submit a report containing the
following:'' and inserting ``Not later than 120 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
congressional defense committees an installation energy report
detailing the fulfillment during that fiscal year of the energy
performance goals for the Department of Defense under section 2911 of
this title. Each report shall contain the following:''.
SEC. 2828. CONTINUOUS COMMISSIONING OF DEPARTMENT OF DEFENSE FACILITIES
TO RESOLVE OPERATING PROBLEMS, IMPROVE COMFORT, OPTIMIZE
ENERGY USE, AND IDENTIFY RETROFITS.
(a) Continuous Commissioning.--The Secretary of Defense may require
the continuous commissioning of Department of Defense facilities.
(b) Continuous Commissioning Defined.--In this section, the term
``continuous commissioning'' refers to an ongoing process to resolve
operating problems, improve comfort, optimize energy use, and identify
retrofits for existing commercial and institutional buildings and
central plant facilities.
SEC. 2829. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO CAPTURE AND TRACK
DATA GENERATED IN METERING DEPARTMENT FACILITIES.
The Secretary of Defense shall require that the information
generated by the installation energy meters be captured and tracked to
determine baseline energy consumption and facilitate efforts to reduce
energy consumption.
SEC. 2830. METERING OF NAVY PIERS TO ACCURATELY MEASURE ENERGY
CONSUMPTION.
(a) Metering Required.--The Secretary of the Navy shall meter Navy
piers so that the energy consumption of naval vessels while in port can
be accurately measured and captured and steps taken to improve the
efficient use of energy by naval vessels while in port.
(b) Progress Reports.--In each of the Department of Defense energy
management reports submitted to Congress during fiscal years 2012
through 2017 under section 2925(a) of title 10, United States Code, the
Secretary of the Navy shall include information on the progress being
made to implement the metering of Navy piers, including information on
any reductions in energy consumption achieved through the use of such
metering.
SEC. 2831. REPORT ON ENERGY-EFFICIENCY STANDARDS AND PROHIBITION ON USE
OF FUNDS FOR LEADERSHIP IN ENERGY AND ENVIRONMENTAL
DESIGN GOLD OR PLATINUM CERTIFICATION.
(a) Report Required.--
(1) In general.--Not later than January 30, 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report on the energy-efficiency standards utilized
by the Department of Defense for military construction.
(2) Contents of report.--The report shall include the
following:
(A) A cost benefit analysis of adopting American
Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) building standard 189.1 versus 90.1
for sustainable design and development for the
construction and renovation of buildings and
structures.
(B) Details of the energy-efficiency improvements
achieved and long term payback resulting from the
adoption of ASHRAE building standard 189.1.
(C) A cost benefit analysis and return on
investment for energy-efficiency attributes and
sustainable design achieved through Department of
Defense funds being expended in the pursuit of
Leadership in Energy and Environmental Design (LEED)
gold or platinum certification.
(D) A copy of Department of Defense policy
prescribing a comprehensive strategy for the pursuit of
design and building standards across the Department
that include specific energy-efficient standards and
sustainable design attributes for military construction
based on the cost benefit analysis and demonstrated
payback required by subparagraphs (A), (B), and (C).
(b) Prohibition on Use of Funds for LEED Gold or Platinum
Certification.--
(1) Prohibition.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department of
Defense for fiscal year 2012 may be obligated or expended for
achieving any LEED gold or platinum certification.
(2) Waiver and notification.--The Secretary of Defense may
waive the limitation in paragraph (1) if the Secretary submits
a notification to the congressional defense committees at least
30 days before the obligation of funds toward achieving the
LEED gold or platinum certification.
(3) Contents of notification.--A notification shall include
the following:
(A) A cost-benefit analysis of the decision to
obligate funds toward achieving the LEED gold or
platinum certification.
(B) Demonstrated payback for the energy
improvements or sustainable design features.
(4) Exception.--LEED gold and platinum certifications shall
be permitted, and not require a waiver and notification under
this subsection, if achieving such certification imposes no
additional cost to the Department of Defense.
Subtitle D--Provisions Related to Guam Realignment
SEC. 2841. USE OF OPERATION AND MAINTENANCE FUNDING TO SUPPORT
COMMUNITY ADJUSTMENTS RELATED TO REALIGNMENT OF MILITARY
INSTALLATIONS AND RELOCATION OF MILITARY PERSONNEL ON
GUAM.
(a) Temporary Assistance Authorized.--
(1) Assistance to government of guam.--Using funds made
available under subsection (c), the Secretary of Defense may
assist the Government of Guam in meeting the costs of providing
increased municipal services and facilities required as a
result of the realignment of military installations and the
relocation of military personnel on Guam (in this section
referred to as the ``Guam realignment'') if the Secretary
determines that an unfair and excessive financial burden will
be incurred by the Government of Guam to provide the services
and facilities in the absence of the Department of Defense
assistance.
(2) Mitigation of identified impacts.--The Secretary of
Defense may take such actions as the Secretary considers to be
appropriate to mitigate the significant impacts identified in
the Record of Decision of the ``Guam and CNMI Military
Relocation Environmental Impact Statement'' by providing
increased municipal services and facilities to activities that
directly support the Guam realignment.
(b) Methods of Providing Assistance.--
(1) Use of existing programs.--The Secretary of Defense
shall carry out subsection (a) through existing Federal
programs supporting the Government of Guam and the Guam
realignment, whether or not the programs are administered by
the Department of Defense or another Federal agency.
(2) Cost share assistance.--The Secretary may assist the
Government of Guam to any cost-sharing obligation imposed on
the Government of Guam under any Federal program utilized by
the Secretary under paragraph (1).
(c) Source of Funds.--
(1) Transfer authority.--To the extent necessary to carry
out subsection (a), the Secretary may transfer appropriated
funds available to the Department of Defense or a military
department for operation and maintenance to a different account
of the Department of Defense or another Federal agency in order
to make funds available to the Government of Guam under a
Federal program utilized by the Secretary under subsection
(b)(1). Amounts so transferred shall be available only for the
purpose of assisting the Government of Guam as described in
subsection (a).
(2) Additional authority.--The transfer authority provided
by paragraph (1) is in addition to the transfer authority
provided by section 1001.
(d) Progress Reports Required.--The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives semiannual reports indicating the total amount
expended under the authority of this section during the preceding 6-
month period, the specific projects for which assistance was provided
during such period, and the total amount provided for each project
during such period.
(e) Termination.--The authority to provide assistance under this
section expires September 30, 2018. Amounts obligated before that date
may be expended after that date.
SEC. 2842. MEDICAL CARE COVERAGE FOR H-2B TEMPORARY WORKFORCE ON
MILITARY CONSTRUCTION PROJECTS ON GUAM.
(a) Lead System Integrator for Workforce Health Care.--Subject to
subsection (b), the Secretary of the Navy may not award any additional
Navy or Marine Corps construction project or associated task order on
Guam associated with the Record of Decision for the Guam and CNMI
Military Relocation dated September 2010 if the project includes the
use of employees holding a visa described in section
101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(b); known as ``H-2B workers'') until the Secretary
of the Navy provides for a lead system integrator for health care for
the H-2B workers.
(b) Duties.--The lead system integrator for health care shall--
(1) provide a comprehensive medical plan for the H-2B
workers to staff, manage, and execute requirements with maximum
clinical, fiscal, and administrative efficiencies;
(2) provide comprehensive planning and coordination with
contractor-provided healthcare services and with Guam's
civilian and military healthcare community; and
(3) access local healthcare assets to help meet the health
care needs of the H-2B workers.
(c) Elements of Medical Plan.--The comprehensive medical plan
referred to in subsection (b)(1) shall--
(1) address significant health issues, injury, or series of
injuries in addition to basic first responder medical services
for H-2B workers.
(2) provide pre-deployment health screening at the country
of origin of H-2B workers, ensuring--
(A) all major or chronic disease conditions of
concern are identified;
(B) proper immunizations are administered;
(C) screening for tuberculosis and communicable
diseases are conducted; and
(D) all H-2B workers are fit and healthy for work
prior to deployment;
(3) provide arrival health screening process is developed
to ensure the H-2B workers are is fit to work and that the risk
of spreading communicable diseases to the resident population
is minimized; and
(4) provide comprehensive on-site medical services,
including emergency medical care for the H-2B workers, primary
health care to include care for chronic diseases, preventive
services and acute care delivery, and accessible prescription
services maintaining oversight, authorization access and
delivery of prescription medications to the workforce.
(d) Notification.--Upon assignment of the lead system integrator
for health care under subsection (a), the Secretary of the Navy shall
submit to the congressional defense committees a notification of the
assignment and qualifications of the lead system integrator.
SEC. 2843. CERTIFICATION OF MILITARY READINESS NEED FOR FIRING RANGE ON
GUAM AS CONDITION ON ESTABLISHMENT OF RANGE.
A firing range on Guam may not be established (including any
construction or lease of lands related to such establishment) until the
Secretary of Defense certifies to the congressional defense committees
that there is a national security need for the firing range related to
readiness of the Armed Forces assigned to the United States Pacific
Command.
SEC. 2844. REPEAL OF CONDITION ON USE OF SPECIFIC UTILITY CONVEYANCE
AUTHORITY REGARDING GUAM INTEGRATED WATER AND WASTEWATER
TREATMENT SYSTEM.
Section 2822 of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4465) is
amended by striking subsection (c).
Subtitle E--Land Conveyances
SEC. 2851. LAND EXCHANGE, FORT BLISS TEXAS.
(a) Conveyance Authorized.--In exchange for the receipt of the real
property described in subsection (b), the Secretary of the Army may
convey to the Texas General Land Office (in this section referred to as
the ``TGLO'') all right, title, and interest of the United States in
and to a parcel of undeveloped real property consisting of
approximately 694 acres at Fort Bliss, Texas, for the purpose of
facilitating commercial development of the parcel.
(b) Consideration.--As consideration for the conveyance under
subsection (a), TGLO shall convey to the Secretary of the Army all
right, title, and interest of TGLO in and to a parcel of real property,
including any improvements thereon, consisting of approximately 2,880
acres adjacent to Fort Bliss training areas to facilitate tactical
vehicle ingress and egress between the installation and the training
areas and mitigate encroachment issues. If the fair market value of the
real property to be acquired by the Secretary is less than the fair
market value of the real property to be conveyed under subsection (a),
the Secretary may require a cash equalization payment in an amount
equal to the difference in value.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary of the Army shall
require TGLO to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the Secretary,
to carry out the land exchange under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If
amounts are collected from TGLO in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
land exchange, the Secretary shall refund the excess amount to
TGLO.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the land exchange. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by a survey satisfactory to the Secretary of the
Army.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
land exchange under this section as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 2852. LAND CONVEYANCE, FORMER DEFENSE DEPOT OGDEN, UTAH.
(a) Conveyance of Residual Interests.--To facilitate the conveyance
of a parcel of real property consisting of approximately 2.73 acres at
the former Defense Depot Ogden, Utah, from the Weber Basin Disabled
Corporation to the Ogden City Redevelopment Authority (in this section
referred to as the ``Redevelopment Authority''), the Secretary of the
Army and the Secretary of Health and Human Services (in this section
referred to as the ``Secretaries''), may convey, by quit claim deed,
all residual right, title, and interest of the United States (including
reversionary interests) in and to the property for the purpose of
permitting the Redevelopment Authority to take immediate steps to
prevent the further deterioration of the building on the parcel and
subsequently redevelop the parcel.
(b) Consideration.--As consideration for the conveyance of residual
United States interests in the property described in subsection (a),
the Redevelopment Authority shall pay an amount equal to the fair
market value of the conveyed interests, as determined by the
Secretaries. Amounts received under this subsection shall be deposited
in the Department of Defense Base Closure Account 2005. The amounts
deposited shall be merged with other amounts in such fund and be
available for the same purposes, and subject to the same conditions and
limitations, as amounts in such fund.
(c) Payment or Costs of Conveyance.--
(1) In general.--The Secretaries shall require the
Redevelopment Authority to cover costs to be incurred by the
Secretaries, or to reimburse the Secretaries for costs incurred
by the Secretaries, to carry out the conveyance under
subsection (a), including costs related to environmental
documentation and other administrative costs. If amounts are
collected from the Redevelopment Authority in advance of the
Secretaries incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretaries to carry out the conveyance, the Secretaries shall
refund the excess amount to the Redevelopment Authority.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred in
carrying out the conveyance. Amounts so credited shall be
merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretaries.
(e) Additional Terms and Conditions.--The Secretaries may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretaries considers appropriate to
protect the interests of the United States.
Subtitle F--Other Matters
SEC. 2861. CHANGE IN NAME OF THE INDUSTRIAL COLLEGE OF THE ARMED FORCES
TO THE DWIGHT D. EISENHOWER SCHOOL FOR NATIONAL SECURITY
AND RESOURCE STRATEGY.
(a) Change in Name.--The Industrial College of the Armed Forces is
hereby renamed the ``Dwight D. Eisenhower School for National Security
and Resource Strategy''.
(b) Component of National Defense University.--Section 2165(b)(2)
of title 10, United States Code, is amended by striking ``Industrial
College of the Armed Forces'' and inserting ``Dwight D. Eisenhower
School for National Security and Resource Strategy''.
(c) Conforming Amendment.--Section 663(c)(2) of such title is
amended by striking ``Industrial College of the Armed Forces'' and
inserting ``Dwight D. Eisenhower School for National Security and
Resource Strategy''.
(d) References.--Any reference to the Industrial College of the
Armed Forces in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a reference to the
Dwight D. Eisenhower School for National Security and Resource
Strategy.
SEC. 2862. LIMITATIONS ON REDUCTION IN NUMBER OF MEMBERS OF THE ARMED
FORCES ASSIGNED TO PERMANENT DUTY AT A MILITARY
INSTALLATION TO EFFECTUATE REALIGNMENT OF INSTALLATION.
(a) Notice and Wait Limitation.--Chapter 50 of title 10, United
States Code, is amended by inserting after section 993, as added by
section 585, the following new section:
``Sec. 994. Limitations on permanent relocation of sizable numbers of
members of the armed forces
``(a) Limitation.--No action may be taken to effect or implement
any realignment with respect to any military installation in the United
States involving a reduction of more than 1,000 in the number of
members of the armed forces assigned to permanent duty at the
installation at the time the Secretary of Defense or the Secretary of
the military department concerned notifies Congress under subsection
(b) of the plan to realign the installation unless and until the
provisions of subsection (b) are complied with.
``(b) Notice and Wait Requirement.--No action described in
subsection (a) with respect to the realignment of any military
installation referred to in such subsection may be taken unless and
until--
``(1) the Secretary of Defense or the Secretary of the
military department concerned--
``(A) notifies the Committees on Armed Services of
the Senate and the House of Representatives of the
proposed realignment and the number of personnel
assignments affected; and
``(B) submits an evaluation of the costs and
benefits of such realignment and of the local economic,
environmental, strategic, and operational consequences
of such realignment; and
``(2) a period of 90 days expires following the day on
which the notice and evaluation have been submitted to such
committees, during which period no irrevocable action may be
taken to effect or implement the realignment.
``(c) Exceptions.--
``(1) Base closure process.--Subsections (a) and (b) do not
apply in the case of the realignment of a military installation
pursuant to a base closure law.
``(2) National security or emergency.--Subsections (a) and
(b) do not apply if the President certifies to the Congress
that the realignment of a military installation must be
implemented for reasons of national security or a military
emergency.
``(d) Definitions.--In this section:
``(1) The term `military installation' means a base, camp,
post, station, yard, center, homeport facility for any ship, or
other activity under the jurisdiction of the Department of
Defense, including any leased facility, which is located within
any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands, or
Guam. Such term does not include any facility used primarily
for civil works, rivers and harbors projects, or flood control
projects.
``(2) The term `realignment' includes any action which both
reduces and relocates functions and personnel positions. The
term includes the disestablishment or termination of a military
command at a military installation, a change in the homeport
for a ship, or the permanent relocation of a unit of the armed
forces if the permanent duty assignment threshold specified in
subsection (a) is met.
``(3) The term `unit' means a unit of the armed forces at
the battalion, squadron, or an equivalent level (or a higher
level).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``994. Limitations on permanent relocation of sizable numbers of
members of the armed forces.''.
SEC. 2863. PROHIBITION ON NAMING DEPARTMENT OF DEFENSE REAL PROPERTY
AFTER A MEMBER OF CONGRESS.
(a) Prohibition.--Section 2661 of title 10, United States Code, is
amended by inserting after subsection (b) the following new subsection:
``(c) Prohibition on Naming Department of Defense Real Property
After Member of Congress.--(1) Real property under the jurisdiction of
the Secretary of Defense or the Secretary of a military department may
not be named after, or otherwise officially identified by the name of,
any individual who is a Member of Congress at the time the property is
so named or identified.
``(2) In this subsection:
``(A) The term `Member of Congress' includes a Delegate or
Resident Commissioner to the Congress.
``(B) The term `real property' includes structures,
buildings, or other infrastructure of a military installation,
roadways and defense access roads, and any other area on the
grounds of a military installation.''.
(b) Application of Amendment.--The prohibition in subsection (c) of
section 2661 of title 10, United States Code, as added by subsection
(a), shall apply only with respect to real property of the Department
of Defense named after the date of the enactment of this Act.
SEC. 2864. REPORT ON THE HOMEOWNERS ASSISTANCE PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Defense shall submit to Congress a report on the
Homeowners Assistance Program under the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374). The report shall
include the following:
(1) The estimated cost if eligibility were expanded to
include permanent change of station applicants who purchased a
home after July 1, 2006, and before July 1, 2008.
(2) The estimated cost if eligibility were expanded to
include members of the Armed Forces under paragraph (1) and
permanent change of station applicants who received permanent
change of station orders after September 30, 2010, and before
September 30, 2011.
(3) The estimated number of members of the Armed Forces who
received permanent change of station orders after September 30,
2010, and before September 30, 2011, and who suffered a decline
of at least a 10 percent in home value from the date of
purchase to the date of sale.
SEC. 2865. TRANSFER OF THE AIR FORCE MEMORIAL TO THE DEPARTMENT OF THE
AIR FORCE.
(a) Transfer of Memorial to Secretary of the Air Force.--
Administrative jurisdiction, custody, and control of the Air Force
Memorial (as defined in section 9784(d) of title 10, United States
Code, as added by subsection (b)) is hereby transferred to the
Secretary of the Air Force.
(b) Operation, Maintenance, and Management of Memorial.--
(1) Authority of secretary of the air force.--Chapter 949
of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 9784. Air Force Memorial
``(a) Responsibility.--The Secretary of the Air Force has
jurisdiction, custody, and control of the Air Force Memorial and is
responsible for the operation, maintenance, and management of the
Memorial.
``(b) Cooperative Agreement for Operation and Maintenance of the
Memorial.--The Secretary of the Air Force may enter into a cooperative
agreement with the Air Force Memorial Foundation or any other suitable
entity to assist with the operation and maintenance of the Air Force
Memorial.
``(c) Disposition of Contributions.--Any contribution made for the
purpose of assisting in the operation and maintenance of the Air Force
Memorial that is deposited into the Department of the Air Force General
Gift Fund pursuant to section 2601 of this title shall be available
only for the purpose of the operation and maintenance of the Air Force
Memorial.
``(d) Definition.--In this section, the term `Air Force Memorial'
means the memorial established pursuant to Public Law 103-163 to honor
the men and women who have served in the United States Air Force and
its predecessor organizations and that area of land occupied by that
memorial, along with any facilities constructed thereon, and consisting
of approximately three acres in Arlington, Virginia, made available by
the Secretary of Defense for use as the location of the Air Force
Memorial pursuant to section 2863(b)(1) of the Military Construction
Authorization Act for Fiscal Year 2002 (division B of Public Law 107-
107; 115 Stat. 1330).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``9784. Air Force Memorial.''.
(c) Repeal.--Section 2872 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public Law 110-
181; 122 Stat. 562) is repealed.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2012 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 12-D-301, Transuranic (TRU) Waste
Facilities, Los Alamos National Laboratory, Los Alamos,
New Mexico, $9,881,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2012 for defense environmental cleanup
activities in carrying out programs as specified in the funding table
in section 4701.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2012 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. ENERGY SECURITY AND ASSURANCE.
Funds are hereby authorized to be appropriated to the Department
of Energy for fiscal year 2012 for energy security and assurance
programs necessary for national security as specified in the funding
table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. CONSOLIDATED REPORTING REQUIREMENTS RELATING TO NUCLEAR
STOCKPILE STEWARDSHIP, MANAGEMENT, AND INFRASTRUCTURE.
(a) Consolidated Plan for Stewardship, Management, and
Certification of Warheads in the Nuclear Weapons Stockpile.--
(1) In general.--Section 4203 of the Atomic Energy Defense
Act (50 U.S.C. 2523) is amended to read as follows:
``SEC. 4203. NUCLEAR WEAPONS STOCKPILE STEWARDSHIP, MANAGEMENT, AND
INFRASTRUCTURE PLAN.
``(a) Plan Requirement.--The Administrator for Nuclear Security, in
consultation with the Secretary of Defense and other appropriate
officials of the departments and agencies of the Federal Government,
shall develop and annually update a plan for sustaining the nuclear
weapons stockpile. The plan shall cover, at a minimum, stockpile
stewardship, stockpile management, stockpile surveillance, program
direction, infrastructure modernization, human capital, and nuclear
test readiness. The plan shall be consistent with the programmatic and
technical requirements of the most recent annual Nuclear Weapons
Stockpile Memorandum.
``(b) Submissions to Congress.--(1) In accordance with subsection
(c), not later than March 15 of each even-numbered year, the
Administrator for Nuclear Security shall submit to the congressional
defense committees a summary of the plan developed under subsection
(a).
``(2) In accordance with subsection (d), not later than March 15 of
each odd-numbered year, the Administrator for Nuclear Security shall
submit to the congressional defense committees a detailed report on the
plan developed under subsection (a).
``(3) The summaries and reports required by this subsection shall
be submitted in unclassified form, but may include a classified annex.
``(c) Elements of Biennial Plan Summary.--Each summary of the plan
submitted under subsection (b)(1) shall include, at a minimum, the
following:
``(1) A summary of the status of the nuclear weapons
stockpile, including the number and age of warheads (including
both active and inactive) for each warhead type.
``(2) A summary of the status, plans, budgets, and
schedules for warhead life extension programs and any other
programs to modify, update, or replace warhead types.
``(3) A summary of the methods and information used to
determine that the nuclear weapons stockpile is safe and
reliable, as well as the relationship of science-based tools to
the collection and interpretation of such information.
``(4) A summary of the status of the nuclear security
enterprise, including programs and plans for infrastructure
modernization and retention of human capital, as well as
associated budgets and schedules.
``(5) Identification of any modifications or updates to the
plan since the previous summary or detailed report was
submitted under subsection (b).
``(6) Such other information as the Secretary of Energy or
the Administrator for Nuclear Security considers appropriate.
``(d) Elements of Biennial Detailed Report.--Each detailed report
on the plan submitted under subsection (b)(2) shall include, at a
minimum, the following:
``(1) With respect to stockpile stewardship and
management--
``(A) the status of the nuclear weapons stockpile,
including the number and age of warheads (including
both active and inactive) for each warhead type;
``(B) for each five-year period beginning on the
date of the report and ending on the date that is 20
years after the date of the report--
``(i) the planned number of nuclear
warheads (including active and inactive) for
each warhead type in the nuclear weapons
stockpile; and
``(ii) the past and projected future total
lifecycle cost of each type of nuclear weapon;
``(C) the status, plans, budgets, and schedules for
warhead life extension programs and any other programs
to modify, update, or replace warhead types;
``(D) a description of the process by which the
Administrator assesses the lifetimes, and requirements
for life extension or replacement, of the nuclear and
nonnuclear components of the warheads (including active
and inactive warheads) in the nuclear weapons
stockpile;
``(E) a description of the process used in
recertifying the safety, security, and reliability of
each warhead type in the nuclear weapons stockpile;
``(F) any concerns of the Secretary of Energy which
would affect the ability of the Secretary to recertify
the safety, security, or reliability of warheads in the
nuclear weapons stockpile (including active and
inactive warheads);
``(G) mechanisms to provide for the manufacture,
maintenance, and modernization of each warhead type in
the nuclear weapons stockpile, as needed;
``(H) mechanisms to expedite the collection of
information necessary for carrying out the stockpile
management program required by section 4204, including
information relating to the aging of materials and
components, new manufacturing techniques, and the
replacement or substitution of materials;
``(I) mechanisms to ensure the appropriate
assignment of roles and missions for each national
security laboratory and production plant of the
Department of Energy, including mechanisms for
allocation of workload, mechanisms to ensure the
carrying out of appropriate modernization activities,
and mechanisms to ensure the retention of skilled
personnel;
``(J) mechanisms to ensure that each national
security laboratory has full and complete access to all
weapons data to enable a rigorous peer-review process
to support the annual assessment of the condition of
the nuclear weapons stockpile required under section
4205;
``(K) mechanisms for allocating funds for
activities under the stockpile management program
required by section 4204, including allocations of
funds by weapon type and facility; and
``(L) for each of the five fiscal years following
the fiscal year in which the report is submitted, an
identification of the funds needed to carry out the
program required under section 4204.
``(2) With respect to science-based tools--
``(A) a description of the information needed to
determine that the nuclear weapons stockpile is safe
and reliable;
``(B) for each science-based tool used to collect
information described in subparagraph (A), the
relationship between such tool and such information and
the effectiveness of such tool in providing such
information based on the criteria developed pursuant to
section 4202(a); and
``(C) the criteria developed under section 4202(a)
(including any updates to such criteria).
``(3) An assessment of the stockpile stewardship program
under section 4201 by the Administrator, in consultation with
the directors of the national security laboratories, which
shall set forth--
``(A) an identification and description of--
``(i) any key technical challenges to the
stockpile stewardship program; and
``(ii) the strategies to address such
challenges without the use of nuclear testing;
``(B) a strategy for using the science-based tools
(including advanced simulation and computing
capabilities) of each national security laboratory to
ensure that the nuclear weapons stockpile is safe,
secure, and reliable without the use of nuclear
testing.
``(C) an assessment of the science-based tools
(including advanced simulation and computing
capabilities) of each national security laboratory that
exist at the time of the assessment compared with the
science-based tools expected to exist during the period
covered by the future-years nuclear security program;
and
``(D) an assessment of the core scientific and
technical competencies required to achieve the
objectives of the stockpile stewardship program and
other weapons activities and weapons-related activities
of the Department of Energy, including--
``(i) the number of scientists, engineers,
and technicians, by discipline, required to
maintain such competencies; and
``(ii) a description of any shortage of
such individuals that exists at the time of the
assessment compared with any shortage expected
to exist during the period covered by the
future-years nuclear security program.
``(4) With respect to the nuclear security infrastructure--
``(A) a description of the modernization and
refurbishment measures the Administrator determines
necessary to meet the requirements prescribed in--
``(i) 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) if such
strategy has been submitted as of the date of
the plan;
``(ii) the most recent quadrennial defense
review if such strategy has not been submitted
as of the date of the plan; and
``(iii) the most recent Nuclear Posture
Review as of the date of the plan;
``(B) a schedule for implementing the measures
described under subparagraph (A) during the 10-year
period following the date of the plan; and
``(C) the estimated levels of annual funds the
Administrator determines necessary to carry out the
measures described under subparagraph (A), including a
discussion of the criteria, evidence, and strategies on
which such estimated levels of annual funds are based.
``(5) With respect to the nuclear test readiness of the
United States--
``(A) an estimate of the period of time that would
be necessary for the Secretary of Energy to conduct an
underground test of a nuclear weapon once directed by
the President to conduct such a test;
``(B) a description of the level of test readiness
that the Secretary of Energy, in consultation with the
Secretary of Defense, determines to be appropriate;
``(C) a list and description of the workforce
skills and capabilities that are essential to carrying
out an underground nuclear test at the Nevada National
Security Site;
``(D) a list and description of the infrastructure
and physical plants that are essential to carrying out
an underground nuclear test at the Nevada National
Security Site; and
``(E) an assessment of the readiness status of the
skills and capabilities described in subparagraph (C)
and the infrastructure and physical plants described in
subparagraph (D).
``(6) Identification of any modifications or updates to the
plan since the previous summary or detailed report was
submitted under subsection (b).
``(e) Nuclear Weapons Council Assessment.--(1) For each detailed
report on the plan submitted under subsection (b)(2), the Nuclear
Weapons Council established by section 179 of title 10, United States
Code, shall conduct an assessment that includes the following:
``(A) An analysis of the plan, including--
``(i) whether the plan supports the requirements of
the national security strategy of the United States or
the most recent quadrennial defense review, as
applicable under subsection (d)(4)(A), and the Nuclear
Posture Review; and
``(ii) whether the modernization and refurbishment
measures described under subparagraph (A) of paragraph
(4) and the schedule described under subparagraph (B)
of such paragraph are adequate to support such
requirements.
``(B) An analysis of whether the plan adequately addresses
the requirements for infrastructure recapitalization of the
facilities of the nuclear security enterprise.
``(C) If the Nuclear Weapons Council determines that the
plan does not adequately support modernization and
refurbishment requirements under subparagraph (A) or the
nuclear security enterprise facilities infrastructure
recapitalization requirements under subparagraph (B), a risk
assessment with respect to--
``(i) supporting the annual certification of the
nuclear weapons stockpile; and
``(ii) maintaining the long-term safety, security,
and reliability of the nuclear weapons stockpile.
``(2) Not later than 180 days after the date on which the
Administrator submits the plan under subsection (b)(2), the Nuclear
Weapons Council shall submit to the congressional defense committees a
report detailing the assessment required under paragraph (1).
``(f) 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,
United States Code.
``(2) The term `future-years nuclear security program'
means the program required by section 3253 of the National
Nuclear Security Administration Act (50 U.S.C. 2453).
``(3) The term `national security laboratory' has the
meaning given such term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471).
``(4) The term `nuclear security budget materials', with
respect to a fiscal year, means the materials submitted to
Congress by the Administrator for the National Nuclear Security
Administration in support of the budget for that fiscal year.
``(5) The term `nuclear security enterprise' means the
physical facilities, technology, and human capital of--
``(A) the national security laboratories;
``(B) the Pantex Plant;
``(C) the Y-12 National Security Complex;
``(D) the Kansas City Plant;
``(E) the Savannah River Site; and
``(F) the Nevada National Security Site.
``(6) 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 title 10, United States Code.
``(7) The term `weapons activities' means each activity
within the budget category of weapons activities in the budget
of the National Nuclear Security Administration.
``(8) The term `weapons-related activities' means each
activity under the Department of Energy that involves nuclear
weapons, nuclear weapons technology, or fissile or radioactive
materials, including activities related to--
``(A) nuclear nonproliferation;
``(B) nuclear forensics;
``(C) nuclear intelligence;
``(D) nuclear safety; and
``(E) nuclear incident response.''.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4203 and inserting the following new item:
``Sec. 4203. Nuclear weapons stockpile stewardship, management, and
infrastructure plan.''.
(b) Repeal of Requirement for Biennial Report on Stockpile
Stewardship Criteria.--
(1) In general.--Section 4202 of the Atomic Energy Defense
Act (50 U.S.C. 2522) is amended by striking subsections (c) and
(d).
(2) Technical amendment.--The heading of such section is
amended to read as follows: ``stockpile stewardship criteria''.
(3) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4202 and inserting the following new item:
``Sec. 4202. Stockpile stewardship criteria.''.
(c) Repeal of Requirement for Biennial Plan on Modernization and
Refurbishment of the Nuclear Security Complex.--Section 4203A of the
Atomic Energy Defense Act (50 U.S.C. 2523A) is repealed.
(d) Repeal of Requirement for Annual Update to Stockpile Management
Program Plan.--Section 4204 of the Atomic Energy Defense Act (50 U.S.C.
2524) is amended--
(1) by striking subsections (c) and (d); and
(2) by redesignating subsection (e) as subsection (c).
(e) Repeal of Requirement for Reports on Nuclear Test Readiness.--
(1) AEDA.--Section 4208 of the Atomic Energy Defense Act
(50 U.S.C. 2528) is repealed.
(2) NDAA fiscal year 1996.--Section 3152 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 623) is repealed.
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR CENTER OF EXCELLENCE
ON NUCLEAR SECURITY.
(a) Limitation.--Of the funds authorized to be appropriated by
section 3101 or otherwise made available for fiscal year 2012 for the
National Nuclear Security Administration, not more than $7,000,000 may
be obligated or expended for the United States-China Center of
Excellence on Nuclear Security until the date on which the Secretary of
Energy submits to the appropriate congressional committees the reports
under subsection (b)(2) and subsection (c).
(b) Nuclear Security.--
(1) Review.--The Secretary of Energy, in coordination with
the Secretary of Defense, shall conduct a review of the
existing capacity of the People's Republic of China to develop
and implement best practices training for nuclear security.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Energy shall submit to
the appropriate congressional committees a report on the review
under paragraph (1).
(c) Center of Excellence.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Energy, in coordination
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report on the extent to which the training
and relationship-building activities planned for the United States-
China Center of Excellence on Nuclear Security could contribute to
improving China's historical patterns with respect to the proliferation
of weapons of mass destruction and missiles.
(d) Appropriate Congressional Committees Defined.-- In this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 3113. USE OF SAVINGS FROM PENSION REIMBURSEMENTS FOR BUDGETARY
SHORTFALLS.
(a) Determination of Amounts.--
(1) Determination.--From time to time as economic
conditions and pension projections change during fiscal year
2012 and each fiscal year thereafter through 2016, the
appropriate head of an agency shall determine the amount of
funds described in paragraph (2) that exceed the level
necessary to satisfy the minimum funding standard required by
the Employee Retirement Income Security Act of 1974.
(2) Funds described.--The funds described in this paragraph
are amounts appropriated pursuant to a DOE national security
authorization for any of fiscal years 2012 through 2016 that
are made available (including by transfer) for contributions to
defined-benefit pension plans for employees of management and
operating contractors of--
(A) the National Nuclear Security Administration;
or
(B) the Office of Environmental Management of the
Department of Energy.
(b) Availability of Amounts.--Upon a determination of amounts under
subsection (a)(1), the appropriate head of an agency shall promptly
make available (including by transfer, if necessary) the determined
amounts to accounts of the agency to be used for high-priority
budgetary shortfalls, as identified by the head of the agency. Any
determined amounts so transferred shall be available for the same
period of time as the accounts to which transferred.
(c) Required Obligation of Amounts.--The appropriate head of an
agency shall promptly obligate or expend amounts made available under
subsection (b) for the purposes provided in such subsection.
(d) Transfer Authority.--
(1) Effect on authorization of amounts.--Any transfer made
from one account to another under 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.
(2) Additional transfer authority.--The transfer authority
provided by subsection (b) is in addition to any other transfer
authority available to the Department of Energy or the National
Nuclear Security Administration.
(e) Notice to Congress.--The appropriate head of an agency shall
promptly notify the congressional defense committees of determinations
and transfers made under this section. Such notifications shall include
plans by the head of the agency to carry out subsection (c) with
respect to such determinations and transfers.
(f) Sunset.--The authorities under this section shall terminate on
September 30, 2016.
(g) Definitions.--In this section:
(1) The term ``appropriate head of an agency'' means--
(A) the Administrator for Nuclear Security, with
respect to matters concerning the National Nuclear
Security Administration; and
(B) the Assistant Secretary of Energy for
Environmental Management, with respect to matters
concerning the Office of Environmental Management of
the Department of Energy.
(2) The term ``DOE national security authorization'' has
the meaning given that term in section 4701 of the Atomic
Energy Defense Act (50 U.S.C. 2741).
SEC. 3114. HANFORD WASTE TANK CLEANUP PROGRAM REFORMS.
Section 4442 of the Atomic Energy Defense Act (50 U.S.C. 2622) is
amended--
(1) in subsection (b)(2), by striking ``, consistent with
the policy direction established by the Department, all aspects
of the River Protection Project, Richland, Washington'' and
inserting ``all aspects of the River Protection Project,
Richland, Washington, including Hanford Tank Farm Operations
and the Waste Treatment Plant'';
(2) by amending subsection (d) to read as follows:
``(d) Notification.--The Assistant Secretary of Energy for
Environmental Management shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives written notification detailing any changes in the
roles, responsibilities and reporting relationships that involve the
Office.''; and
(3) by striking subsections (e) and (f) and inserting the
following new subsection:
``(e) Termination.--The Office shall terminate on September 30,
2019. The Office may be extended beyond that date if the Assistant
Secretary of Energy for Environmental Management determines in writing
that termination would disrupt effective management of the Hanford Tank
Farm operations.''.
SEC. 3115. ADDITIONAL BUDGET ITEM RELATING TO GLOBAL THREAT REDUCTION
INITIATIVE.
(a) Funding Increase and Offsetting Reduction.--Notwithstanding the
amounts set forth in the funding tables in division D--
(1) the amount authorized to be appropriated in section
3101 for defense nuclear nonproliferation, as specified in the
corresponding funding table in division D, is hereby increased
by $20,000,000, with the amount of the increase allocated to
the global threat reduction initiative as set forth in the
table under section 4701; and
(2) the amount authorized to be appropriated in section 201
for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in division D, is
hereby reduced by $20,000,000, with the amount of the reduction
to be derived from the Aerostat Joint Project Office as set
forth in the table under section 4201.
(b) Merit-based or Competitive Decisions.--A decision to commit,
obligate, or expend funds referred to in subsection (a)(1) with or to a
specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
Subtitle C--Reports
SEC. 3121. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Repeal of Report Requirement for Nuclear Cities Initiative
Program.--Section 3132 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1366) is repealed.
(b) Removal of Report Requirement for Nonproliferation Initiative
Program.--Paragraph (6) of section 4302(a) of the Atomic Energy Defense
Act (50 U.S.C. 2562) is amended to read as follows:
``(6) Funds appropriated for the Initiatives for Proliferation
Prevention program may not be used to pay any tax or customs duty
levied by the government of the Russian Federation. In the event
payment of such a tax or customs duty with such funds is unavoidable,
the Secretary of Energy shall ensure that sufficient additional funds
are provided to the Initiatives for Proliferation Prevention Program to
offset the amount of such payment.''.
SEC. 3122. PROGRESS ON NUCLEAR NONPROLIFERATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the spread of nuclear and radiological weapons, or
weapons-usable material, technology, equipment, information,
and expertise, poses a short- and long-term threat to the
security of the United States; and
(2) the nonproliferation efforts of the United States
should prioritize the programs which most directly address such
threat.
(b) Annual Report.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter by not later
than March 1 of each year through 2016, the Secretary of Energy
shall submit to the appropriate congressional committees a
report on the strategic plans of the Department of Energy and
the National Nuclear Security Administration to prevent the
proliferation of materials, technology, equipment, and
expertise related to nuclear and radiological weapons in order
to minimize the risk of nuclear terrorism and the proliferation
of such weapons.
(2) Matters included.--Each report under paragraph (1)
shall include the following:
(A) Progress and challenges in implementing the
strategic plans described in paragraph (1), including--
(i) preventing nuclear terrorism by
securing and removing highly-enriched uranium
and plutonium worldwide;
(ii) converting reactors from highly-
enriched uranium to low-enriched uranium in the
Russian Federation and other countries;
(iii) providing radiation detection
capability at ports and borders;
(iv) securing and removing radiological
materials worldwide;
(v) developing and improving technology
to--
(I) detect the proliferation and
detonation of nuclear weapons;
(II) verify foreign commitments to
treaties and agreements with respect to
nuclear weapons; and
(III) detect the diversion of
nuclear materials, including safeguard
technology;
(vi) preventing and countering the
proliferation and use of nuclear weapons
(including materials, technology, and expertise
related to such weapons), including through
safeguards, export controls, international
regimes, treaties, and agreements;
(vii) disposing of surplus material of both
the United States and Russia; and
(viii) preventing the proliferation of
nuclear weapons expertise.
(B) An estimate of the budget requirements of the
National Nuclear Security Administration, including the
costs associated with the implementation of the
strategic plans described in paragraph (1) over the 10-
year period following the date of the report.
(C) A discussion of the coordination of the
programs of the National Nuclear Security
Administration with other offices of the Department of
Energy and with other agencies and offices of the
Federal Government with respect to implementing the
strategic plans described in paragraph (1).
(c) Annual Assessment.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter by not later than
March 1 of each year through 2016, the Secretary of Energy, in
coordination with the Office of Intelligence and Counterintelligence of
the Department of Energy, shall submit to the appropriate congressional
committees an assessment containing the following:
(1) An assessment of the risk that non-nuclear weapons
states may acquire nuclear enrichment or reprocessing
technology.
(2) A list, by country and site, reflecting the total
amount of known highly-enriched uranium around the world, and
an assessment of the vulnerability of such uranium to theft or
diversion.
(d) Form.--
(1) In general.--Except as provided by paragraph (2), each
report and assessment under this section shall be submitted in
unclassified form, but may include a classified annex.
(2) List.--Each list under subsection (c)(2) may be in
classified form if the Secretary determines it necessary.
(e) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 3123. REPORTS ON ROLE OF NUCLEAR SITES AND EFFICIENCIES.
(a) Department of Energy Report.--
(1) Report required.--Not later than February 1, 2012, the
Secretary of Energy shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report assessing the role of the nuclear security
complex sites in supporting a safe, secure, and reliable
nuclear deterrent, nuclear weapons reductions, and nuclear
nonproliferation, and opportunities for efficiencies and cost
savings.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The role of the nuclear security complex sites,
including the national security laboratories, in
maintaining a reliable, safe, and secure nuclear
deterrent, improving verification and detection
technology, and supporting nonproliferation.
(B) An assessment of any opportunities for further
efficiencies and how these efficiencies could
contribute to cost savings and strengthening safety and
security.
(C) An assessment of duplicative functions at the
nuclear sites, and a description of which duplicative
functions remain necessary. The assessment of these
functions shall include an analysis of potential for
shared use or development of high explosives research
and development capacity, supercomputing platforms, and
infrastructure maintained for Work for Others programs.
(D) A long-term strategic plan for the nuclear
complex.
(b) Comptroller General Report.--Not later than 180 days after the
report under subsection (a)(1) is submitted, the Comptroller General of
the United States shall submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of Representatives, and
the Committee on Foreign Relations of the Senate a report assessing the
report under subsection (a).
(c) Form.--The reports required by subsection (a) and (b) shall be
submitted in unclassified form, but may include a classified index.
(d) Nuclear Security Complex Defined.--In this section, the term
``nuclear security complex'' means the physical facilities, technology,
and human capital of the following:
(1) The national security laboratories.
(2) The Kansas City Plant, Kansas City, Missouri.
(3) The Nevada Nuclear Security Site, Nevada.
(4) The Savannah River Site, Aiken, South Carolina.
(5) The Y-12 National Security Complex, Oak Ridge,
Tennessee.
(6) The Pantex Plant , Amarillo, Texas.
SEC. 3124. NET ASSESSMENT OF HIGH-PERFORMANCE COMPUTING CAPABILITIES OF
FOREIGN COUNTRIES.
(a) Assessment Required.--The Administrator for Nuclear Security,
in coordination with the Secretary of Defense, the Director of National
Intelligence, the Under Secretary of Energy for Science, and the Under
Secretary of Commerce for Industry and Security, shall conduct a net
assessment of the high-performance computing capability possessed by
foreign countries.
(b) Matters Covered.--The assessment required by subsection (a)
shall include--
(1) an analysis of current and expected future capabilities
and trends with respect to high-performance computing in the
United States and in other countries;
(2) a description of how high-performance computing
technology is being used by various countries as compared to
the United States;
(3) an evaluation of the similarities and differences in
approaches to the innovation, development, and use of high-
performance computing among the United States and countries
with the most experience, capabilities, or skill with respect
to high-performance computing;
(4) estimates of the current and expected future effects of
high-performance computing technology on the national security
and economic growth of various countries;
(5) recommendations on actions to take to ensure the
continued leadership by the United States in high-performance
computing and ways to better leverage such technology for
innovation, economic growth, and national security; and
(6) such other matters as the Administrator considers
appropriate.
(c) Coordination With Other Agencies.--
(1) In general.--The Administrator shall coordinate the
assessment required by subsection (a) with other departments or
agencies of the Federal Government as the Administrator
considers appropriate.
(2) Department of defense.--Upon request by the
Administrator, the Secretary of Defense shall provide net
assessment expertise and general assistance through the Office
of Net Assessment of the Department of Defense or other
appropriate agency of the Department of Defense.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report on the
results of the assessment required by subsection (a).
(2) Form.--The report required under this section shall be
submitted in unclassified form, but may include a classified
annex.
(3) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Affairs,
the Committee on Energy and Commerce, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Relations,
the Committee on Energy and Natural Resources, the
Committee on Banking, Housing, and Urban Affairs, and
the Select Committee on Intelligence of the Senate.
SEC. 3125. NATIONAL ACADEMY OF SCIENCES REVIEW OF NUCLEAR WASTE
REPROCESSING AND NUCLEAR REACTOR TECHNOLOGY.
(a) Study.--Not later than 60 days after the date of the enactment
of this Act, the Administrator for Nuclear Security shall enter into an
agreement with the National Academy of Sciences to conduct a study on
waste reprocessing and Generation IV nuclear reactor technology.
(b) Elements.--The study required under subsection (a) shall
include--
(1) a review of previous studies related to the subject of
nuclear waste reprocessing as a point of reference;
(2) a determination of the feasibility of using nuclear
reactor technology, particularly proven Generation IV nuclear
reactor technology, created at the national labs at a site
charged with meeting international agreements to dispose or
decommission nuclear weapons which has substantial legacy waste
in order to reprocess and reuse the materials in a
proliferation-resistant process that will generate electricity;
(3) a determination of the resulting waste streams;
(4) an analysis of the nuclear proliferation risks,
including effects on the nuclear nonproliferation efforts of
the United States;
(5) a comparison to nuclear waste reprocessing technologies
used in other countries and a comparison to the direct disposal
of nuclear waste; and
(6) a detailed analysis of the feasibility of large-scale
deployment of such technology at military installations.
(c) Reports.--
(1) NNSA.--The National Academy of Sciences shall submit to
the Administrator for Nuclear Security a report containing the
results of the study and any recommendations resulting from the
study.
(2) Congress.--Not later than 18 months after the date on
which the contract is awarded under subsection (a), the
Administrator for Nuclear Security shall submit to the
appropriate congressional committees the report submitted under
paragraph (1) and any comments or recommendations of the
Administrator with respect to the report.
(3) Form.--The report under paragraph (2) shall be
submitted to the appropriate congressional committees in
unclassified form, but may include a classified annex.
(4) Appropriate congressional committees.--In this section,
the term ``appropriate congressional committees'' means the
following:
(A) The Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Foreign
Affairs of the House of Representatives.
(B) The Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Foreign Relations of the Senate.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2012,
$29,130,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. ADDITIONAL FUNDING FOR DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) Funding Increase.--The amount set forth in section 3201 for the
operation of the Defense Nuclear Facilities Safety Board is hereby
increased by $2,500,000.
(b) Offsetting Reduction.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be
appropriated in section 101 for other procurement, Army, as specified
in the corresponding funding table in division D, is hereby reduced by
$2,500,000, with the amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under Line 039 Joint
Tactical Radio System as set forth in the table under section 4101.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,909,000 for fiscal year 2012 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR FISCAL YEAR 2012.
Funds are hereby authorized to be appropriated for fiscal year
2012, to be available without fiscal year limitation if so provided in
the appropriations Acts, for the use of the Department of
Transportation for Maritime Administration programs associated with
maintaining national security aspects of the merchant marine, as
follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $93,068,000, of which--
(A) $64,183,000 shall remain available until
expended for Academy operations; and
(B) $28,885,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $17,100,000, of which--
(A) $2,400,000 shall remain available until
expended for student incentive payments;
(B) $3,600,000 shall remain available until
expended for direct payments to such academies; and
(C) $11,100,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $18,500,000, to remain
available until expended.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $186,000,000.
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 6661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $14,260,000, of which $3,740,000 shall
remain available until expended for administrative expenses of
the program.
SEC. 3502. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY RESERVE
FORCE VESSELS.
Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1744(b)) is amended--
(1) in subsection (b), by striking ``or'' after the
semicolon at the end of paragraph (4), striking the period at
the end of paragraph (5) and inserting ``; or'', and adding at
the end the following new paragraph:
``(6) for civil contingency operations and Maritime
Administration promotional and media events, in accordance with
subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Use of NDRF Vessels for Civil Contingency Operations and
Promotional and Media Events.--With the concurrence of the Secretary of
Defense, the Secretary of Transportation may allow the use of vessels
in the National Defense Reserve Fleet (NDRF) for civil contingency
operations requested by another Federal agency, and for Maritime
Administration promotional and media events relating to demonstration
projects and research and development supporting the Administration's
mission, if the Secretary of Transportation determines such use is in
the best interest of the Government after considering the following
factors:
``(1) Availability.--The availability of NDRF or Ready
Reserve Force (RRF) resources and the impact of such use on
NDRF and RRF mission support to the defense and homeland
security requirements of the Government.
``(2) Interference.--Whether the such use of vessels will
support the mission of the Maritime Administration and not
significantly interfere with NDRF vessel maintenance, repair,
safety, readiness, and resource availability.
``(3) Safety.--Whether safety precautions will be taken,
including indemnification of liability when applicable.
``(4) Cost.--Whether any costs incurred by such use will be
funded as a reimbursable transaction between Federal agencies,
as applicable.
``(5) Other matters.--Any other matters the Maritime
Administrator considers appropriate.''.
SEC. 3503. RECRUITMENT AUTHORITY.
Section 51301 of title 46, United States Code, is amended--
(1) by inserting ``(a) in General.--'' before the first
sentence; and
(2) by adding at the end the following new subsection:
``(b) Recruitment.--The Secretary of Transportation may, subject to
the availability of appropriations, expend funds available for United
States Merchant Marine Academy operating expenses for recruiting
activities, including advertising, in order to obtain recruits for the
Academy and cadet applicants.''.
SEC. 3504. SHIP SCRAPPING REPORTING REQUIREMENT.
Section 3502(f) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as amended by section 3505(a)
of the National Defense Authorization Act for Fiscal Year 2006 (119
Stat. 3551), is amended to read as follows:
``(f) Briefings.--The Maritime Administrator shall, upon request,
provide briefings to the Committee on Transportation and
Infrastructure, the Committee on Natural Resources, and the Committee
on Armed Services of the House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee on Armed
Services of the Senate, on the progress made in recycling vessels,
problems encountered with recycling vessels, issues relating to vessel
recycling, and other issues relating to vessel recycling and
disposal.''.
SEC. 3505. STRATEGIC PORT ASSESSMENT AND REPORT.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees an assessment and report on port
facilities used for military purposes at ports designated by the
Department of Defense as strategic seaports, regarding the following:
(1) The structural integrity and deficiencies of the port
facilities and infrastructure improvements needed directly and
indirectly to meet national security and readiness
requirements.
(2) The impact on operational readiness if the improvements
are not undertaken.
(3) Identifying, to the maximum extent practical, all
potential funding sources for the needed improvements from
existing authorities.
(4) The authority necessary for the Department of Defense
to support section 50302 of title 46, United States Code.
(b) Consultation.--The Secretary of Defense shall prepare the
report required by subsection (a) in consultation with the Maritime
Administrator and each of the port facilities used for military
purposes at ports designated by the Department of Defense as strategic
seaports.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 14,572 14,572
002 C-12 CARGO AIRPLANE..
003 AERIAL COMMON SENSOR 539,574 15,674
(ACS) (MIP).
Early to Need.... [-417,900]
Program Decrease. [-106,000]
004 MQ-1 UAV............. 658,798 658,798
005 RQ-11 (RAVEN)........ 70,762 70,762
006 BCT UNMANNED AERIAL
VEH (UAVS) INCR 1.
ROTARY
007 HELICOPTER, LIGHT 250,415 250,415
UTILITY (LUH).
008 AH-64 BLOCK II/WRA...
009 AH-64 APACHE BLOCK 411,005 411,005
IIIA REMAN.
010 Advance 192,764 192,764
Procurement (CY).
011 Advance 104,263 104,263
Procurement (CY).
012 UH-60 BLACKHAWK M 1,325,666 1,325,666
MODEL (MYP).
013 Advance 199,781 199,781
Procurement (CY).
014 CH-47 HELICOPTER..... 1,305,360 1,305,360
015 Advance 54,956 54,956
Procurement (CY).
016 HELICOPTER NEW
TRAINING.
017 KIOWA WARRIOR UPGRADE
(OH-58 D)/WRA.
MODIFICATION OF
AIRCRAFT
018 C-12 AIRCRAFT MODS...
019 MQ-1 PAYLOAD--UAS.... 136,183 136,183
020 MQ-1 WEAPONIZATION--
UAS.
021 GUARDRAIL MODS (MIP). 27,575 27,575
022 MULTI SENSOR ABN 8,362 8,362
RECON (MIP).
023 AH-64 MODS........... 331,230 331,230
024 CH-47 CARGO 79,712 79,712
HELICOPTER MODS
(MYP).
025 UTILITY/CARGO 22,107 22,107
AIRPLANE MODS.
026 AIRCRAFT LONG RANGE
MODS.
027 UTILITY HELICOPTER 80,745 90,745
MODS.
Modifications to [10,000]
Aircraft.
028 KIOWA WARRIOR........ 162,052 162,052
029 AIRBORNE AVIONICS....
030 NETWORK AND MISSION 138,832 138,832
PLAN.
031 COMMS, NAV 132,855 132,855
SURVEILLANCE.
032 GATM ROLLUP.......... 105,519 105,519
033 RQ-7 UAV MODS........ 126,239 126,239
SPARES AND REPAIR
PARTS
034 SPARE PARTS (AIR)....
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 35,993 35,993
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM.....
037 CMWS................. 162,811 162,811
OTHER SUPPORT
038 AVIONICS SUPPORT 4,840 4,840
EQUIPMENT.
039 COMMON GROUND 176,212 176,212
EQUIPMENT.
040 AIRCREW INTEGRATED 82,883 82,883
SYSTEMS.
041 AIR TRAFFIC CONTROL.. 114,844 114,844
042 INDUSTRIAL FACILITIES 1,593 1,593
043 LAUNCHER, 2.75 ROCKET 2,878 2,878
044 AIRBORNE
COMMUNICATIONS.
TOTAL AIRCRAFT 7,061,381 6,547,481
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 PATRIOT SYSTEM 662,231 662,231
SUMMARY.
002 MSE MISSILE/PAC-3.... 74,953 74,953
003 SURFACE-LAUNCHED
AMRAAM SYSTEM
SUMMARY:.
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 1,410 1,410
ANTI-TANK/ASSAULT
MISSILE SYS
005 JAVELIN (AAWS-M) 160,767 160,767
SYSTEM SUMMARY.
006 TOW 2 SYSTEM SUMMARY. 61,676 61,676
007 Advance 19,886 19,886
Procurement (CY).
008 BCT NON LINE OF SIGHT
LAUNCH SYSTEM--
INCREM.
009 GUIDED MLRS ROCKET 314,167 314,167
(GMLRS).
010 MLRS REDUCED RANGE 18,175 18,175
PRACTICE ROCKETS
(RRPR).
011 HIGH MOBILITY 31,674 31,674
ARTILLERY ROCKET
SYSTEM (HIMARS.
MODIFICATIONS
012 PATRIOT MODS......... 66,925 66,925
013 STINGER MODS......... 14,495 0
Budget Adjustment [-14,495]
per Army Request.
014 ITAS/TOW MODS........ 13,577 13,577
015 MLRS MODS............ 8,236 8,236
016 HIMARS MODIFICATIONS. 11,670 11,670
017 HELLFIRE
MODIFICATIONS.
SPARES AND REPAIR
PARTS
018 SPARES AND REPAIR 8,700 8,700
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
019 AIR DEFENSE TARGETS.. 3,674 3,674
020 ITEMS LESS THAN $5.0M 1,459 1,459
(MISSILES).
021 PRODUCTION BASE 5,043 5,043
SUPPORT.
TOTAL MISSILE 1,478,718 1,464,223
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 632,994 632,994
002 FUTURE COMBAT
SYSTEMS: (FCS).
003 FCS SPIN OUTS........
004 Advance
Procurement (CY).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
005 STRYKER (MOD)........ 52,797 52,797
006 FIST VEHICLE (MOD)... 43,962 43,962
007 BRADLEY PROGRAM (MOD) 250,710 403,710
Program Increase. [153,000]
008 HOWITZER, MED SP FT 46,876 46,876
155MM M109A6 (MOD).
009 IMPROVED RECOVERY 10,452 10,452
VEHICLE (M88A2
HERCULES).
010 ASSAULT BREACHER 99,904 99,904
VEHICLE.
011 M88 FOV MODS......... 32,483 32,483
012 JOINT ASSAULT BRIDGE.
013 M1 ABRAMS TANK (MOD). 160,578 160,578
014 ABRAMS UPGRADE 181,329 453,329
PROGRAM.
Industrial Base [272,000]
and Guard
Modernization.
SUPPORT EQUIPMENT &
FACILITIES
015 PRODUCTION BASE 1,073 1,073
SUPPORT (TCV-WTCV).
WEAPONS & OTHER
COMBAT VEHICLES
016 HOWITZER, LIGHT,
TOWED, 105MM, M119.
017 INTEGRATED AIR BURST 16,046 16,046
WEAPON SYSTEM FAMILY.
018 M240 MEDIUM MACHINE
GUN (7.62MM).
019 MACHINE GUN, CAL .50 65,102 65,102
M2 ROLL.
020 LIGHTWEIGHT .50 28,796 28,796
CALIBER MACHINE GUN.
021 M249 SAW MACHINE GUN
(5.56MM).
022 MK-19 GRENADE MACHINE
GUN (40MM).
023 MORTAR SYSTEMS....... 12,477 12,477
024 M107, CAL. 50, SNIPER
RIFLE.
025 XM320 GRENADE 12,055 12,055
LAUNCHER MODULE
(GLM).
026 M110 SEMI-AUTOMATIC
SNIPER SYSTEM (SASS).
027 M4 CARBINE........... 35,015 35,015
028 SHOTGUN, MODULAR 6,707 6,707
ACCESSORY SYSTEM
(MASS).
029 COMMON REMOTELY
OPERATED WEAPONS
STATION (CRO.
030 HANDGUN..............
031 HOWITZER LT WT 155MM 13,066 13,066
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
032 MK-19 GRENADE MACHINE
GUN MODS.
033 M4 CARBINE MODS...... 25,092 25,092
034 M2 50 CAL MACHINE GUN 14,856 14,856
MODS.
035 M249 SAW MACHINE GUN 8,480 8,480
MODS.
036 M240 MEDIUM MACHINE 15,718 15,718
GUN MODS.
037 SNIPER RIFLES 1,994 4,500
MODIFICATIONS.
Program Increase. [2,506]
038 M119 MODIFICATIONS... 38,701 38,701
039 M16 RIFLE MODS....... 3,476 3,476
040 M14 7.62 RIFLE MODS..
041 MODIFICATIONS LESS 2,973 2,973
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
042 ITEMS LESS THAN $5.0M
(WOCV-WTCV).
043 PRODUCTION BASE 10,080 10,080
SUPPORT (WOCV-WTCV).
044 INDUSTRIAL 424 424
PREPAREDNESS.
045 SMALL ARMS EQUIPMENT 2,453 2,453
(SOLDIER ENH PROG).
SPARES
046 SPARES AND REPAIR 106,843 106,843
PARTS (WTCV).
TOTAL 1,933,512 2,361,018
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 210,758 210,758
TYPES.
002 CTG, 7.62MM, ALL 83,730 83,730
TYPES.
003 CTG, 7.62MM, 4 BALL
M80 FS, 1 DIM TRCR
M276,.
004 CTG, HANDGUN, ALL 9,064 9,064
TYPES.
005 CTG, .50 CAL, ALL 131,775 131,775
TYPES.
006 CTG, 20MM, ALL TYPES.
007 CTG, 25MM, ALL TYPES. 14,894 14,894
008 OBJECTIVE FAMILY OF 3,399 3,399
WEAPONS AMMUNITION,
ALL T.
009 CTG, 30MM, ALL TYPES. 118,966 118,966
010 CTG, 40MM, ALL TYPES. 84,799 84,799
011 CTG, CAL .300 WIN
MAG, MK 248 MOD 0
(7.62X67M.
MORTAR AMMUNITION
012 60MM MORTAR, ALL 31,287 31,287
TYPES.
013 81MM MORTAR, ALL 12,187 12,187
TYPES.
014 120MM MORTAR, ALL 108,416 108,416
TYPES.
TANK AMMUNITION
015 CARTRIDGES, TANK, 105,704 105,704
105MM AND 120MM, ALL
TYPES.
016 CTG, TANK, 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
017 ARTILLERY CARTRIDGES, 103,227 103,227
75MM AND 105MM, ALL
TYP.
018 CTG, ARTY, 105MM: ALL
TYPES.
019 ARTILLERY PROJECTILE, 32,887 32,887
155MM, ALL TYPES.
020 PROJ 155MM EXTENDED 69,074 69,074
RANGE XM982.
021 ARTILLERY 48,205 48,205
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ARTILLERY FUZES
022 ARTILLERY FUZES, ALL
TYPES.
MINES
023 MINES & CLEARING 2,518 2,518
CHARGES, ALL TYPES.
024 MINE, CLEARING
CHARGE, ALL TYPES.
NETWORKED MUNITIONS
025 SPIDER NETWORK 43,123 43,123
MUNITIONS, ALL TYPES.
026 SCORPION, INTELLIGENT
MUNITIONS SYSTEM ,
ALL.
ROCKETS
027 SHOULDER LAUNCHED 19,254 19,254
MUNITIONS, ALL TYPES.
028 ROCKET, HYDRA 70, ALL 127,265 127,265
TYPES.
OTHER AMMUNITION
029 DEMOLITION MUNITIONS, 53,685 53,685
ALL TYPES.
030 GRENADES, ALL TYPES.. 42,558 42,558
031 SIGNALS, ALL TYPES... 26,173 26,173
032 SIMULATORS, ALL TYPES 14,108 14,108
033 ALL OTHER (AMMO)..... 50 50
MISCELLANEOUS
034 AMMO COMPONENTS, ALL 18,296 18,296
TYPES.
035 NON-LETHAL 14,864 14,864
AMMUNITION, ALL
TYPES.
036 CAD/PAD ALL TYPES.... 5,449 5,449
037 ITEMS LESS THAN $5 11,009 11,009
MILLION.
038 AMMUNITION PECULIAR 24,200 24,200
EQUIPMENT.
039 FIRST DESTINATION 13,711 13,711
TRANSPORTATION
(AMMO).
040 CLOSEOUT LIABILITIES. 103 103
PRODUCTION BASE
SUPPORT
041 PROVISION OF 199,841 199,841
INDUSTRIAL
FACILITIES.
042 LAYAWAY OF INDUSTRIAL 9,451 9,451
FACILITIES.
043 MAINTENANCE OF 5,533 5,533
INACTIVE FACILITIES.
044 CONVENTIONAL 189,789 189,789
MUNITIONS
DEMILITARIZATION,
ALL.
045 ARMS INITIATIVE...... 3,273 3,273
TOTAL 1,992,625 1,992,625
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/
DOLLY SETS.
002 SEMITRAILERS, 13,496 13,496
FLATBED:.
003 SEMITRAILERS, TANKERS
004 HI MOB MULTI-PURP
WHLD VEH (HMMWV).
005 FAMILY OF MEDIUM 432,936 432,936
TACTICAL VEH (FMTV).
006 FIRETRUCKS & 21,930 21,930
ASSOCIATED
FIREFIGHTING EQUIP.
007 FAMILY OF HEAVY 627,294 627,294
TACTICAL VEHICLES
(FHTV).
008 PLS ESP.............. 251,667 251,667
009 ARMORED SECURITY
VEHICLES (ASV).
010 MINE PROTECTION 56,671 56,671
VEHICLE FAMILY.
011 FAMILY OF MINE
RESISTANT AMBUSH
PROTEC (MRAP).
012 TRUCK, TRACTOR, LINE 1,461 1,461
HAUL, M915/M916.
013 HVY EZPANDED MOBILE 156,747 156,747
TACTICAL TRUCK EXT
SERV.
014 HMMWV 161,631 161,631
RECAPITALIZATION
PROGRAM.
015 TACTICAL WHEELED 39,908 39,908
VEHICLE PROTECTION
KITS.
016 MODIFICATION OF IN 362,672 362,672
SVC EQUIP.
017 MINE-RESISTANT AMBUSH- 142,862 142,862
PROTECTED (MRAP)
MODS.
018 ITEMS LESS THAN $5.0M
(TAC VEH).
019 TOWING DEVICE-FIFTH
WHEEL.
020 AMC CRITICAL ITEMS, 20,156 20,156
OPA1.
NON-TACTICAL VEHICLES
021 HEAVY ARMORED SEDAN.. 1,161 1,161
022 PASSENGER CARRYING 3,222 3,222
VEHICLES.
023 NONTACTICAL VEHICLES, 19,869 19,869
OTHER.
COMM--JOINT
COMMUNICATIONS
024 JOINT COMBAT 9,984 9,984
IDENTIFICATION
MARKING SYSTEM.
025 WIN-T--GROUND FORCES 974,186 974,186
TACTICAL NETWORK.
026 JCSE EQUIPMENT 4,826 4,826
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 123,859 123,859
WIDEBAND SATCOM
SYSTEMS.
029 SHF TERM............. 8,910 8,910
030 SAT TERM, EMUT
(SPACE).
031 NAVSTAR GLOBAL 29,568 29,568
POSITIONING SYSTEM
(SPACE).
032 SMART-T (SPACE)...... 49,704 49,704
033 SCAMP (SPACE)........ 2,415 2,415
034 GLOBAL BRDCST SVC-- 73,374 73,374
GBS.
035 MOD OF IN-SVC EQUIP 31,799 31,799
(TAC SAT).
COMM--COMBAT SUPPORT
COMM
036 MOD-IN-SERVICE 969 969
PROFILER.
COMM--C3 SYSTEM
037 ARMY GLOBAL CMD & 18,788 18,788
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
038 ARMY DATA 3,994 3,994
DISTRIBUTION SYSTEM
(DATA RADIO).
039 JOINT TACTICAL RADIO 775,832 681,532
SYSTEM.
Early to Need-- [-35,800]
GMR.
Joint Tactical [-22,000]
Radio System--
Ground Mobile
Radios.
Joint Tactical [-12,500]
Radio System--
Maritime - Fixed
Radios.
Program Decrease-- [-24,000]
Maritime/Fixed
Station.
040 RADIO TERMINAL SET, 8,336 8,336
MIDS LVT(2).
041 SINCGARS FAMILY...... 4,992 4,992
042 AMC CRITICAL ITEMS--
OPA2.
043 TRACTOR DESK......... 10,827 10,827
044 COMMS-ELEC EQUIP
FIELDING.
045 SPIDER APLA REMOTE 36,224 36,224
CONTROL UNIT.
046 IMS REMOTE CONTROL
UNIT.
047 SOLDIER ENHANCEMENT 1,843 1,843
PROGRAM COMM/
ELECTRONICS.
048 COMBAT SURVIVOR
EVADER LOCATOR
(CSEL).
049 GUNSHOT DETECTION 3,939 3,939
SYSTEM (GDS).
050 RADIO, IMPROVED HF 38,535 38,535
(COTS) FAMILY.
051 MEDICAL COMM FOR CBT 26,232 26,232
CASUALTY CARE (MC4).
COMM--INTELLIGENCE
COMM
053 CI AUTOMATION 1,547 1,547
ARCHITECTURE.
054 CIVIL AFFAIRS/INFO 28,266 28,266
OPS.
INFORMATION SECURITY
055 TSEC--ARMY KEY MGT 12,541 12,541
SYS (AKMS).
056 INFORMATION SYSTEM 39,349 39,349
SECURITY PROGRAM-
ISSP.
COMM--LONG HAUL
COMMUNICATIONS
057 TERRESTRIAL 2,232 2,232
TRANSMISSION.
058 BASE SUPPORT 37,780 37,780
COMMUNICATIONS.
059 WW TECH CON IMP PROG 12,805 12,805
(WWTCIP).
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 187,227 187,227
061 DEFENSE MESSAGE 4,393 4,393
SYSTEM (DMS).
062 INSTALLATION INFO 310,761 310,761
INFRASTRUCTURE MOD
PROGRAM(.
063 PENTAGON INFORMATION 4,992 4,992
MGT AND TELECOM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M........... 4,657 4,657
067 PROPHET GROUND....... 72,041 72,041
068 DIGITAL TOPOGRAPHIC
SPT SYS (DTSS).
069 DRUG INTERDICTION
PROGRAM (DIP)
(TIARA).
070 DCGS-A (MIP)......... 144,548 144,548
071 JOINT TACTICAL GROUND 1,199 1,199
STATION (JTAGS).
072 TROJAN (MIP)......... 32,707 32,707
073 MOD OF IN-SVC EQUIP 9,163 9,163
(INTEL SPT) (MIP).
074 CI HUMINT AUTO 3,493 3,493
REPRTING AND
COLL(CHARCS) (MIP.
075 ITEMS LESS THAN $5.0M 802 802
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 33,810 33,810
MORTAR RADAR.
077 CREW................. 24,104 24,104
078 BCT UNATTENDED GROUND
SENSOR.
079 FAMILY OF PERSISTENT
SURVEILLANCE
CAPABILITES.
080 COUNTERINTELLIGENCE/ 1,252 1,252
SECURITY
COUNTERMEASURES.
081 CI MODERNIZATION..... 1,332 1,332
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 FAAD GBS............. 7,958 7,958
083 SENTINEL MODS........ 41,657 41,657
084 SENSE THROUGH THE 47,498 47,498
WALL (STTW).
085 NIGHT VISION DEVICES. 156,204 156,204
086 LONG RANGE ADVANCED 102,334 102,334
SCOUT SURVEILLANCE
SYSTEM.
087 NIGHT VISION, THERMAL 186,859 186,859
WPN SIGHT.
088 SMALL TACTICAL 10,227 10,227
OPTICAL RIFLE
MOUNTED MLRF.
089 RADIATION MONITORING
SYSTEMS.
090 COUNTER-ROCKET, 15,774 15,774
ARTILLERY & MORTAR
(C-RAM).
091 BASE EXPEDITIONARY
TARGETING AND SURV
SYS.
092 GREEN LASER 25,356 25,356
INTERDICTION SYSTEM.
093 ARTILLERY ACCURACY
EQUIP.
094 ENHANCED PORTABLE
INDUCTIVE ARTILLERY
FUZE SE.
095 PROFILER............. 3,312 3,312
096 MOD OF IN-SVC EQUIP 3,005 3,005
(FIREFINDER RADARS).
097 FORCE XXI BATTLE CMD
BRIGADE & BELOW
(FBCB2).
098 JOINT BATTLE COMMAND-- 69,514 69,514
PLATFORM (JBC-P).
099 LIGHTWEIGHT LASER 58,042 58,042
DESIGNATOR/
RANGEFINDER.
100 COMPUTER BALLISTICS:
LHMBC XM32.
101 MORTAR FIRE CONTROL 21,022 21,022
SYSTEM.
102 COUNTERFIRE RADARS... 227,629 227,629
103 ARMS CONTROL ENHANCED 2,226 2,226
SENSOR & MONITORING
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
104 TACTICAL OPERATIONS 54,907 54,907
CENTERS.
105 FIRE SUPPORT C2 54,223 54,223
FAMILY.
106 BATTLE COMMAND 12,454 12,454
SUSTAINMENT SUPPORT
SYSTEM (BC.
107 FAAD C2.............. 5,030 5,030
108 AIR & MSL DEFENSE 62,710 62,710
PLANNING & CONTROL
SYS.
109 KNIGHT FAMILY........ 51,488 51,488
110 LIFE CYCLE SOFTWARE 1,807 1,807
SUPPORT (LCSS).
111 AUTOMATIC 28,924 28,924
IDENTIFICATION
TECHNOLOGY.
112 TC AIMS II...........
113 TACTICAL INTERNET
MANAGER.
114 NETWORK MANAGEMENT
INITIALIZATION AND
SERVICE.
115 MANEUVER CONTROL 34,031 34,031
SYSTEM (MCS).
116 SINGLE ARMY LOGISTICS 210,312 210,312
ENTERPRISE (SALE).
117 RECONNAISSANCE AND 19,113 19,113
SURVEYING INSTRUMENT
SET.
118 MOUNTED BATTLE
COMMAND ON THE MOVE
(MBCOTM).
ELECT EQUIP--
AUTOMATION
119 GENERAL FUND 23,664 23,664
ENTERPRISE BUSINESS
SYSTEM.
120 ARMY TRAINING 11,192 11,192
MODERNIZATION.
121 AUTOMATED DATA 220,250 220,250
PROCESSING EQUIP.
122 CSS COMMUNICATIONS... 39,310 39,310
123 RESERVE COMPONENT 41,248 41,248
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
124 ITEMS LESS THAN $5.0M 10,437 10,437
(A/V).
125 ITEMS LESS THAN $5M 7,480 7,480
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
126 PRODUCTION BASE 571 571
SUPPORT (C-E).
127 BCT NETWORK.......... 20,334
Budget Adjustment [20,334]
per Army Request.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
127A CLASSIFIED PROGRAMS.. 4,273 4,273
127U UNDISTRIBUTED OPA2... 4,000
Electronic [4,000]
Equipment--Automa
tion.
CHEMICAL DEFENSIVE
EQUIPMENT
128 PROTECTIVE SYSTEMS...
129 FAMILY OF NON-LETHAL 8,636 8,636
EQUIPMENT (FNLE).
130 BASE DEFENSE SYSTEMS 41,204 47,204
(BDS).
Base Defense [6,000]
Systems.
131 CBRN SOLDIER 10,700 10,700
PROTECTION.
132 SMOKE & OBSCURANT 362 362
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
133 TACTICAL BRIDGING.... 77,428 77,428
134 TACTICAL BRIDGE, 49,154 49,154
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
135 HANDHELD STANDOFF 39,263 39,263
MINEFIELD DETECTION
SYS-HST.
136 GRND STANDOFF MINE 20,678 20,678
DETECTN SYSM
(GSTAMIDS).
137 ROBOTIC COMBAT 30,297 30,297
SUPPORT SYSTEM
(RCSS).
138 EXPLOSIVE ORDNANCE 17,626 17,626
DISPOSAL EQPMT (EOD
EQPMT).
139 REMOTE DEMOLITION 14,672 14,672
SYSTEMS.
140 < $5M, COUNTERMINE 7,352 7,352
EQUIPMENT.
141 AERIAL DETECTION.....
COMBAT SERVICE
SUPPORT EQUIPMENT
142 HEATERS AND ECU'S.... 10,109 10,109
143 LAUNDRIES, SHOWERS
AND LATRINES.
144 SOLDIER ENHANCEMENT.. 9,591 9,591
145 LIGHTWEIGHT
MAINTENANCE
ENCLOSURE (LME).
146 PERSONNEL RECOVERY 8,509 8,509
SUPPORT SYSTEM
(PRSS).
147 GROUND SOLDIER SYSTEM 184,072 156,072
Schedule Slip- [-28,000]
Nett Warrior,
Increment One.
148 MOUNTED SOLDIER 43,419 43,419
SYSTEM.
149 FORCE PROVIDER.......
150 FIELD FEEDING 26,860 26,860
EQUIPMENT.
151 CARGO AERIAL DEL & 68,392 68,392
PERSONNEL PARACHUTE
SYSTEM.
152 MOBILE INTEGRATED 7,384 7,384
REMAINS COLLECTION
SYSTEM:.
153 FAMILY OF ENGR COMBAT 54,190 54,190
AND CONSTRUCTION
SETS.
154 ITEMS LESS THAN $5M 12,482 12,482
(ENG SPT).
PETROLEUM EQUIPMENT
155 QUALITY SURVEILLANCE
EQUIPMENT.
156 DISTRIBUTION SYSTEMS, 75,457 75,457
PETROLEUM & WATER.
WATER EQUIPMENT
157 WATER PURIFICATION
SYSTEMS.
MEDICAL EQUIPMENT
158 COMBAT SUPPORT 53,450 53,450
MEDICAL.
MAINTENANCE EQUIPMENT
159 MOBILE MAINTENANCE 16,572 16,572
EQUIPMENT SYSTEMS.
160 ITEMS LESS THAN $5.0M 3,852 3,852
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 GRADER, ROAD MTZD, 2,201 2,201
HVY, 6X4 (CCE).
162 SKID STEER LOADER 8,584 8,584
(SSL) FAMILY OF
SYSTEM.
163 SCRAPERS, EARTHMOVING 21,031 21,031
164 MISSION MODULES-- 43,432 43,432
ENGINEERING.
165 COMPACTOR............ 2,859 2,859
166 LOADERS..............
167 HYDRAULIC EXCAVATOR..
168 TRACTOR, FULL TRACKED 59,534 59,534
169 PLANT, ASPHALT MIXING 8,314 8,314
170 HIGH MOBILITY 18,974 18,974
ENGINEER EXCAVATOR
TYPE--FOS.
171 ENHANCED RAPID 15,833 15,833
AIRFIELD
CONSTRUCTION CAPA.
172 CONST EQUIP ESP...... 9,771 9,771
173 ITEMS LESS THAN $5.0M 12,654 12,654
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
174 JOINT HIGH SPEED 223,845 223,845
VESSEL (JHSV).
175 HARBORMASTER COMMAND
AND CONTROL CENTER
(HCCC.
176 ITEMS LESS THAN $5.0M 10,175 10,175
(FLOAT/RAIL).
GENERATORS
177 GENERATORS AND 31,897 41,897
ASSOCIATED EQUIP.
Program Increase. [10,000]
MATERIAL HANDLING
EQUIPMENT
178 ROUGH TERRAIN
CONTAINER HANDLER
(RTCH).
179 FAMILY OF FORKLIFTS.. 10,944 10,944
180 ALL TERRAIN LIFTING 21,859 21,859
ARMY SYSTEM.
TRAINING EQUIPMENT
181 COMBAT TRAINING 133,178 133,178
CENTERS SUPPORT.
182 TRAINING DEVICES, 168,392 168,392
NONSYSTEM.
183 CLOSE COMBAT TACTICAL 17,760 17,760
TRAINER.
184 AVIATION COMBINED 9,413 9,413
ARMS TACTICAL
TRAINER.
185 GAMING TECHNOLOGY IN
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
186 CALIBRATION SETS 13,618 13,618
EQUIPMENT.
187 INTEGRATED FAMILY OF 49,437 49,437
TEST EQUIPMENT
(IFTE).
188 TEST EQUIPMENT 30,451 30,451
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
189 RAPID EQUIPPING 4,923 4,923
SOLDIER SUPPORT
EQUIPMENT.
190 PHYSICAL SECURITY 69,316 69,316
SYSTEMS (OPA3).
191 BASE LEVEL COMMON 1,591 1,591
EQUIPMENT.
192 MODIFICATION OF IN- 72,271 72,271
SVC EQUIPMENT (OPA-
3).
193 PRODUCTION BASE 2,325 2,325
SUPPORT (OTH).
194 SPECIAL EQUIPMENT FOR 17,411 17,411
USER TESTING.
195 AMC CRITICAL ITEMS 34,500 34,500
OPA3.
196 TRACTOR YARD......... 3,740 3,740
197 BCT UNMANNED GROUND 24,805 93,832
VEHICLE.
Budget Adjustment [69,027]
per Army Request.
198 BCT TRAINING/ 149,308 26,011
LOGISTICS/MANAGEMENT.
Budget Adjustment [-123,297]
per Army Request.
199 BCT TRAINING/ 57,103 0
LOGISTICS/MANAGEMENT
INC 2.
Budget Adjustment [-57,103]
per Army Request.
200 BCT UNMANNED GROUND 11,924 0
VEHICLE INC 2.
Budget Adjustment [-11,924]
per Army Request.
OPA2
201 INITIAL SPARES--C&E.. 21,647 21,647
TOTAL OTHER 9,682,592 9,477,329
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK...
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE....
FORCE TRAINING
003 TRAIN THE FORCE......
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 220,634 220,634
TOTAL JOINT IMPR 220,634 220,634
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 EA-18G............... 1,079,364 1,079,364
002 Advance 28,119 28,119
Procurement (CY).
003 F/A-18E/F (FIGHTER) 2,366,752 2,366,752
HORNET.
004 Advance 64,962 64,962
Procurement (CY).
005 JOINT STRIKE FIGHTER 1,503,096 1,503,096
CV.
006 Advance 217,666 217,666
Procurement (CY).
007 JSF STOVL............ 1,141,933 1,141,933
008 Advance 117,229 117,229
Procurement (CY).
009 V-22 (MEDIUM LIFT)... 2,224,817 2,224,817
010 Advance 84,008 84,008
Procurement (CY).
011 UH-1Y/AH-1Z.......... 700,306 700,306
012 Advance 68,310 68,310
Procurement (CY).
013 MH-60S (MYP)......... 408,921 408,921
014 Advance 74,040 74,040
Procurement (CY).
015 MH-60R............... 791,025 791,025
016 Advance 209,431 209,431
Procurement (CY).
017 P-8A POSEIDON........ 2,018,851 2,018,851
018 Advance 256,594 256,594
Procurement (CY).
019 E-2D ADV HAWKEYE..... 914,892 914,892
020 Advance 157,942 157,942
Procurement (CY).
AIRLIFT AIRCRAFT
021 C-40A................
TRAINER AIRCRAFT
022 JPATS................ 266,906 266,906
OTHER AIRCRAFT
023 HC-130J..............
024 KC-130J.............. 87,288 87,288
025 RQ-7 UAV.............
026 MQ-8 UAV............. 191,986 191,986
027 STUASL0 UAV.......... 12,772 12,772
028 OTHER SUPPORT
AIRCRAFT.
MODIFICATION OF
AIRCRAFT
029 EA-6 SERIES.......... 27,734 27,734
030 AEA SYSTEMS.......... 34,065 34,065
031 AV-8 SERIES.......... 30,762 30,762
032 F-18 SERIES.......... 499,597 499,597
033 H-46 SERIES.......... 27,112 27,112
034 AH-1W SERIES......... 15,828 15,828
035 H-53 SERIES.......... 62,820 62,820
036 SH-60 SERIES......... 83,394 87,894
SH-60 Crew and [4,500]
Passenger
Survivability
Upgrades.
037 H-1 SERIES........... 11,012 11,012
038 EP-3 SERIES.......... 83,181 83,181
039 P-3 SERIES........... 171,466 171,466
040 E-2 SERIES........... 29,215 29,215
041 TRAINER A/C SERIES... 22,090 22,090
042 C-2A................. 16,302 16,302
043 C-130 SERIES......... 27,139 27,139
044 FLEET EW............. 2,773 2,773
045 CARGO/TRANSPORT A/C 16,463 16,463
SERIES.
046 E-6 SERIES........... 165,253 165,253
047 EXECUTIVE HELICOPTERS 58,011 58,011
SERIES.
048 SPECIAL PROJECT 12,248 12,248
AIRCRAFT.
049 T-45 SERIES.......... 57,779 57,779
050 AIRCRAFT POWER PLANT 21,847 21,847
CHANGES.
051 JPATS SERIES......... 1,524 1,524
052 AVIATION LIFE SUPPORT 1,069 1,069
MODS.
053 COMMON ECM EQUIPMENT. 92,072 92,072
054 COMMON AVIONICS 147,093 147,093
CHANGES.
055 COMMON DEFENSIVE
WEAPON SYSTEM.
056 ID SYSTEMS........... 37,330 37,330
057 P-8 SERIES........... 2,930 2,930
058 MAGTF EW FOR AVIATION 489 489
059 RQ-7 SERIES.......... 11,419 11,419
060 V-22 (TILT/ROTOR 60,264 60,264
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
061 SPARES AND REPAIR 1,331,961 1,331,961
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 351,685 351,685
EQUIPMENT.
063 AIRCRAFT INDUSTRIAL 22,358 22,358
FACILITIES.
064 WAR CONSUMABLES...... 27,300 27,300
065 OTHER PRODUCTION 10,124 10,124
CHARGES.
066 SPECIAL SUPPORT 24,395 24,395
EQUIPMENT.
067 FIRST DESTINATION 1,719 1,719
TRANSPORTATION.
068 CANCELLED ACCOUNT
ADJUSTMENTS.
TOTAL AIRCRAFT 18,587,033 18,591,533
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,309,102 1,309,102
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 3,492 3,492
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 303,306 303,306
TACTICAL MISSILES
004 AMRAAM............... 188,494 188,494
005 SIDEWINDER........... 47,098 47,098
006 JSOW................. 137,722 137,722
007 STANDARD MISSILE..... 420,324 420,324
008 RAM.................. 66,197 66,197
009 HELLFIRE............. 22,703 22,703
010 STAND OFF PRECISION
GUIDED MUNITIONS
(SOPGM).
011 AERIAL TARGETS....... 46,359 46,359
012 OTHER MISSILE SUPPORT 3,561 3,561
MODIFICATION OF
MISSILES
013 ESSM................. 48,486 48,486
014 HARM MODS............ 73,061 73,061
015 STANDARD MISSILES
MODS.
SUPPORT EQUIPMENT &
FACILITIES
016 WEAPONS INDUSTRIAL 1,979 1,979
FACILITIES.
017 FLEET SATELLITE COMM 238,215 238,215
FOLLOW-ON.
018 Advance
Procurement (CY).
ORDNANCE SUPPORT
EQUIPMENT
019 ORDNANCE SUPPORT 52,255 52,255
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
020 ASW TARGETS.......... 31,803 31,803
MOD OF TORPEDOES AND
RELATED EQUIP
021 MK-54 TORPEDO MODS... 78,045 78,045
022 MK-48 TORPEDO ADCAP 42,493 42,493
MODS.
023 QUICKSTRIKE MINE..... 5,770 5,770
023A UNDISTRIBUTED........ 5,000
Modification of [5,000]
Torpedoes and
Related Equipment.
SUPPORT EQUIPMENT
024 TORPEDO SUPPORT 43,003 43,003
EQUIPMENT.
025 ASW RANGE SUPPORT.... 9,219 9,219
DESTINATION
TRANSPORTATION
026 FIRST DESTINATION 3,553 3,553
TRANSPORTATION.
GUNS AND GUN MOUNTS
027 SMALL ARMS AND 15,037 15,037
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
028 CIWS MODS............ 37,550 37,550
029 COAST GUARD WEAPONS.. 17,525 17,525
030 GUN MOUNT MODS....... 43,957 43,957
031 LCS MODULE WEAPONS...
032 CRUISER MODERNIZATION 50,013 50,013
WEAPONS.
033 AIRBORNE MINE 12,203 12,203
NEUTRALIZATION
SYSTEMS.
OTHER
034 CANCELLED ACCOUNT
ADJUSTMENTS.
SPARES AND REPAIR
PARTS
035 SPARES AND REPAIR 55,953 55,953
PARTS.
TOTAL WEAPONS 3,408,478 3,413,478
PROCUREMENT,
NAVY.
SHIPBUILDING &
CONVERSION, NAVY
OTHER WARSHIPS
001 CARRIER REPLACEMENT
PROGRAM.
002 CARRIER REPLACEMENT 554,798 554,798
PROGRAM.
003 VIRGINIA CLASS 3,232,215 3,232,215
SUBMARINE.
004 VIRGINIA CLASS 1,524,761 1,524,761
SUBMARINE.
005 CVN REFUELING
OVERHAULS.
006 CVN REFUELING 529,652 529,652
OVERHAULS.
007 SSBN ERO.............
008 DDG 1000............. 453,727 453,727
009 DDG-51............... 1,980,709 1,980,709
010 Advance 100,723 100,723
Procurement (CY).
011 LITTORAL COMBAT SHIP. 1,802,093 1,802,093
012 Advance
Procurement (CY).
AMPHIBIOUS SHIPS
013 LPD-17............... 1,847,444 1,847,444
014 Advance
Procurement (CY).
015 LHA REPLACEMENT...... 2,018,691 1,968,691
Contract Delay... [-200,000]
Program Increase. [150,000]
016 Advance
Procurement (CY).
017 JOINT HIGH SPEED 185,106 185,106
VESSEL.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 OCEANOGRAPHIC SHIPS.. 89,000 89,000
019 Advance 155,200 155,200
Procurement (CY).
020 OUTFITTING........... 292,871 292,871
021 SERVICE CRAFT........ 3,863 3,863
022 LCAC SLEP............ 84,076 84,076
023 COMPLETION OF PY 73,992 73,992
SHIPBUILDING
PROGRAMS.
UNDISTRIBUTED
024 UNDISTRIBUTED........
Advance [150,000]
Procurement and
Economic Order
Quantity.
Program Decrease. [-150,000]
TOTAL 14,928,921 14,878,921
SHIPBUILDING &
CONVERSION, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 64,766 64,766
002 JDAM.................
003 AIRBORNE ROCKETS, ALL 38,264 38,264
TYPES.
004 MACHINE GUN 17,788 17,788
AMMUNITION.
005 PRACTICE BOMBS....... 35,289 35,289
006 CARTRIDGES & CART 49,416 49,416
ACTUATED DEVICES.
007 AIR EXPENDABLE 60,677 60,677
COUNTERMEASURES.
008 JATOS................ 2,766 2,766
009 5 INCH/54 GUN 19,006 19,006
AMMUNITION.
010 INTERMEDIATE CALIBER 19,320 19,320
GUN AMMUNITION.
011 OTHER SHIP GUN 21,938 21,938
AMMUNITION.
012 SMALL ARMS & LANDING 51,819 51,819
PARTY AMMO.
013 PYROTECHNIC AND 10,199 10,199
DEMOLITION.
014 AMMUNITION LESS THAN 4,107 4,107
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 58,812 58,812
016 LINEAR CHARGES, ALL 21,434 21,434
TYPES.
017 40 MM, ALL TYPES..... 84,864 84,864
018 60MM, ALL TYPES...... 937 937
019 81MM, ALL TYPES...... 26,324 26,324
020 120MM, ALL TYPES..... 9,387 9,387
021 CTG 25MM, ALL TYPES.. 3,889 3,889
022 GRENADES, ALL TYPES.. 13,452 13,452
023 ROCKETS, ALL TYPES... 15,556 15,556
024 ARTILLERY, ALL TYPES. 42,526 42,526
025 DEMOLITION MUNITIONS, 22,786 22,786
ALL TYPES.
026 FUZE, ALL TYPES...... 9,266 9,266
027 NON LETHALS.......... 2,927 2,927
028 AMMO MODERNIZATION... 8,557 8,557
029 ITEMS LESS THAN $5 3,880 3,880
MILLION.
TOTAL 719,952 719,952
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS TURBINE.. 13,794 13,794
002 ALLISON 501K GAS 8,643 8,643
TURBINE.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 22,982 22,982
EQUIPMENT.
PERISCOPES
004 SUB PERISCOPES & 60,860 60,860
IMAGING EQUIP.
OTHER SHIPBOARD
EQUIPMENT
005 DDG MOD.............. 119,522 119,522
006 FIREFIGHTING 17,637 17,637
EQUIPMENT.
007 COMMAND AND CONTROL 3,049 3,049
SWITCHBOARD.
008 POLLUTION CONTROL 22,266 22,266
EQUIPMENT.
009 SUBMARINE SUPPORT 15,892 15,892
EQUIPMENT.
010 VIRGINIA CLASS 100,693 100,693
SUPPORT EQUIPMENT.
011 SUBMARINE BATTERIES.. 42,296 42,296
012 STRATEGIC PLATFORM 25,228 25,228
SUPPORT EQUIP.
013 DEEP SUBMERGENCE 2,600 2,600
SYSTEMS.
014 CG MODERNIZATION..... 590,349 590,349
015 LCAC.................
016 UNDERWATER EOD 18,499 18,499
PROGRAMS.
017 ITEMS LESS THAN $5 113,809 113,809
MILLION.
018 CHEMICAL WARFARE 5,508 5,508
DETECTORS.
019 SUBMARINE LIFE 13,397 13,397
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
020 REACTOR POWER UNITS.. 436,838 436,838
021 REACTOR COMPONENTS... 271,600 271,600
OCEAN ENGINEERING
022 DIVING AND SALVAGE 11,244 11,244
EQUIPMENT.
SMALL BOATS
023 STANDARD BOATS....... 39,793 39,793
TRAINING EQUIPMENT
024 OTHER SHIPS TRAINING 29,913 29,913
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
025 OPERATING FORCES IPE. 54,642 54,642
OTHER SHIP SUPPORT
026 NUCLEAR ALTERATIONS.. 144,175 144,175
027 LCS MODULES.......... 79,583 79,583
LOGISTIC SUPPORT
028 LSD MIDLIFE.......... 143,483 143,483
SHIP RADARS
029 RADAR SUPPORT........ 18,818 23,818
Program Increase. [5,000]
SHIP SONARS
030 SPQ-9B RADAR......... 24,613 24,613
031 AN/SQQ-89 SURF ASW 73,829 73,829
COMBAT SYSTEM.
032 SSN ACOUSTICS........ 212,913 212,913
033 UNDERSEA WARFARE 29,686 29,686
SUPPORT EQUIPMENT.
034 SONAR SWITCHES AND 13,537 13,537
TRANSDUCERS.
035 ELECTRONIC WARFARE 18,141 18,141
MILDEC.
ASW ELECTRONIC
EQUIPMENT
036 SUBMARINE ACOUSTIC 20,554 20,554
WARFARE SYSTEM.
037 SSTD................. 2,257 2,257
038 FIXED SURVEILLANCE 60,141 60,141
SYSTEM.
039 SURTASS.............. 29,247 29,247
040 MARITIME PATROL AND 13,453 13,453
RECONNAISANCE FORCE.
040A UNDISTRIBUTED........ 9,600
Anti-Submarine [9,600]
Warfare
Electronic
Equipment.
ELECTRONIC WARFARE
EQUIPMENT
041 AN/SLQ-32............ 43,096 43,096
RECONNAISSANCE
EQUIPMENT
042 SHIPBOARD IW EXPLOIT. 103,645 103,645
043 AUTOMATED 1,364 1,364
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
044 SUBMARINE SUPPORT 100,793 100,793
EQUIPMENT PROG.
OTHER SHIP ELECTRONIC
EQUIPMENT
045 COOPERATIVE 23,332 23,332
ENGAGEMENT
CAPABILITY.
046 TRUSTED INFORMATION 426 426
SYSTEM (TIS).
047 NAVAL TACTICAL 33,017 33,017
COMMAND SUPPORT
SYSTEM (NTCSS).
048 ATDLS................ 942 942
049 NAVY COMMAND AND 7,896 7,896
CONTROL SYSTEM
(NCCS).
050 MINESWEEPING SYSTEM 27,868 27,868
REPLACEMENT.
051 SHALLOW WATER MCM.... 1,048 9,023
Shallow Water [7,975]
Mine Counter
Measures.
052 NAVSTAR GPS RECEIVERS 9,926 9,926
(SPACE).
053 AMERICAN FORCES RADIO 4,370 4,370
AND TV SERVICE.
054 STRATEGIC PLATFORM 4,143 4,143
SUPPORT EQUIP.
TRAINING EQUIPMENT
055 OTHER TRAINING 45,989 45,989
EQUIPMENT.
AVIATION ELECTRONIC
EQUIPMENT
056 MATCALS.............. 8,136 8,136
057 SHIPBOARD AIR TRAFFIC 7,394 7,394
CONTROL.
058 AUTOMATIC CARRIER 18,518 18,518
LANDING SYSTEM.
059 NATIONAL AIR SPACE 26,054 26,054
SYSTEM.
060 FLEET AIR TRAFFIC 7,213 7,213
CONTROL SYSTEMS.
061 LANDING SYSTEMS...... 7,138 7,138
062 ID SYSTEMS........... 33,170 33,170
063 NAVAL MISSION 8,941 8,941
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
064 DEPLOYABLE JOINT 8,994 8,994
COMMAND AND CONT.
065 MARITIME INTERGRATED 13,529 13,529
BROADCAST SYSTEM.
066 TACTICAL/MOBILE C4I 12,776 12,776
SYSTEMS.
067 DCGS-N............... 11,201 11,201
068 CANES................ 195,141 195,141
069 RADIAC............... 6,201 6,201
070 CANES-INTELL......... 75,084 75,084
071 ELECTRONIC TEST 6,010 6,010
EQUIPMENT.
072 INTEG COMBAT SYSTEM 4,441 4,441
TEST FACILITY.
073 EMI CONTROL 4,741 4,741
INSTRUMENTATION.
074 ITEMS LESS THAN $5 51,716 51,716
MILLION.
SHIPBOARD
COMMUNICATIONS
075 SHIPBOARD TACTICAL 26,197 2,397
COMMUNICATIONS.
Airborne [-8,800]
Maritime--Fixed
Radios.
Program Decrease. [-15,000]
076 SHIP COMMUNICATIONS 177,510 177,510
AUTOMATION.
077 MARITIME DOMAIN 24,022 24,022
AWARENESS (MDA).
078 COMMUNICATIONS ITEMS 33,644 33,644
UNDER $5M.
SUBMARINE
COMMUNICATIONS
079 SUBMARINE BROADCAST 10,357 10,357
SUPPORT.
080 SUBMARINE 75,447 75,447
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
081 SATELLITE 25,522 25,522
COMMUNICATIONS
SYSTEMS.
082 NAVY MULTIBAND 109,022 109,022
TERMINAL (NMT).
SHORE COMMUNICATIONS
083 JCS COMMUNICATIONS 2,186 2,186
EQUIPMENT.
084 ELECTRICAL POWER 1,329 1,329
SYSTEMS.
085 NAVAL SHORE 2,418 2,418
COMMUNICATIONS.
CRYPTOGRAPHIC
EQUIPMENT
086 INFO SYSTEMS SECURITY 119,857 119,857
PROGRAM (ISSP).
CRYPTOLOGIC EQUIPMENT
087 CRYPTOLOGIC 14,820 14,820
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
088 COAST GUARD EQUIPMENT 6,848 6,848
DRUG INTERDICTION
SUPPORT
089 OTHER DRUG 2,290 2,290
INTERDICTION SUPPORT.
SONOBUOYS
090 SONOBUOYS--ALL TYPES. 96,314 96,314
AIRCRAFT SUPPORT
EQUIPMENT
091 WEAPONS RANGE SUPPORT 40,697 40,697
EQUIPMENT.
092 EXPEDITIONARY 8,561 8,561
AIRFIELDS.
093 AIRCRAFT REARMING 8,941 8,941
EQUIPMENT.
094 AIRCRAFT LAUNCH & 19,777 19,777
RECOVERY EQUIPMENT.
095 METEOROLOGICAL 22,003 22,003
EQUIPMENT.
096 DIGITAL CAMERA 1,595 1,595
RECEIVING STATION.
097 AVIATION LIFE SUPPORT 66,031 66,031
098 AIRBORNE MINE 49,668 49,668
COUNTERMEASURES.
099 LAMPS MK III 18,471 18,471
SHIPBOARD EQUIPMENT.
100 PORTABLE ELECTRONIC 7,875 7,875
MAINTENANCE AIDS.
101 OTHER AVIATION 12,553 12,553
SUPPORT EQUIPMENT.
SHIP GUN SYSTEM
EQUIPMENT
102 NAVAL FIRES CONTROL 2,049 2,049
SYSTEM.
103 GUN FIRE CONTROL 4,488 4,488
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 NATO SEASPARROW...... 8,926 8,926
105 RAM GMLS............. 4,321 4,321
106 SHIP SELF DEFENSE 60,700 60,700
SYSTEM.
107 AEGIS SUPPORT 43,148 43,148
EQUIPMENT.
108 TOMAHAWK SUPPORT 72,861 72,861
EQUIPMENT.
109 VERTICAL LAUNCH 732 732
SYSTEMS.
110 MARITIME INTEGRATED 4,823 4,823
PLANNING SYSTEM-MIPS.
FBM SUPPORT EQUIPMENT
111 STRATEGIC MISSILE 187,807 187,807
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
112 SSN COMBAT CONTROL 81,596 81,596
SYSTEMS.
113 SUBMARINE ASW SUPPORT 5,241 5,241
EQUIPMENT.
114 SURFACE ASW SUPPORT 5,816 5,816
EQUIPMENT.
115 ASW RANGE SUPPORT 7,842 7,842
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 98,847 98,847
DISPOSAL EQUIP.
117 ITEMS LESS THAN $5 4,073 4,073
MILLION.
OTHER EXPENDABLE
ORDNANCE
118 ANTI-SHIP MISSILE 32,716 32,716
DECOY SYSTEM.
119 SURFACE TRAINING 5,814 5,814
DEVICE MODS.
120 SUBMARINE TRAINING 36,777 36,777
DEVICE MODS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
121 PASSENGER CARRYING 6,271 6,271
VEHICLES.
122 GENERAL PURPOSE 3,202 3,202
TRUCKS.
123 CONSTRUCTION & 9,850 9,850
MAINTENANCE EQUIP.
124 FIRE FIGHTING 14,315 14,315
EQUIPMENT.
125 TACTICAL VEHICLES.... 16,502 16,502
126 AMPHIBIOUS EQUIPMENT. 3,235 3,235
127 POLLUTION CONTROL 7,175 7,175
EQUIPMENT.
128 ITEMS UNDER $5 20,727 20,727
MILLION.
129 PHYSICAL SECURITY 1,142 1,142
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
130 MATERIALS HANDLING 14,972 14,972
EQUIPMENT.
131 OTHER SUPPLY SUPPORT 4,453 4,453
EQUIPMENT.
132 FIRST DESTINATION 6,416 6,416
TRANSPORTATION.
133 SPECIAL PURPOSE 51,894 51,894
SUPPLY SYSTEMS (IT).
TRAINING DEVICES
134 TRAINING SUPPORT 16,353 16,353
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
135 COMMAND SUPPORT 28,693 28,693
EQUIPMENT.
136 EDUCATION SUPPORT 2,197 2,197
EQUIPMENT.
137 MEDICAL SUPPORT 7,175 7,175
EQUIPMENT.
138 NAVAL MIP SUPPORT 1,457 1,457
EQUIPMENT.
140 OPERATING FORCES 15,330 15,330
SUPPORT EQUIPMENT.
141 C4ISR EQUIPMENT...... 136 136
142 ENVIRONMENTAL SUPPORT 18,639 18,639
EQUIPMENT.
143 PHYSICAL SECURITY 177,240 177,240
EQUIPMENT.
144 ENTERPRISE 143,022 143,022
INFORMATION
TECHNOLOGY.
PRODUCTIVITY PROGRAMS
147 JUDGMENT FUND
REIMBURSEMENT.
OTHER
148 CANCELLED ACCOUNT
ADJUSTMENTS.
CLASSIFIED PROGRAMS
148A CLASSIFIED PROGRAMS.. 14,402 14,402
SPARES AND REPAIR
PARTS
149 SPARES AND REPAIR 208,384 208,384
PARTS.
TOTAL OTHER 6,285,451 6,284,226
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 9,894 9,894
002 LAV PIP.............. 147,051 147,051
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 11,961 11,961
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 5,552 5,552
TOWED HOWITZER.
005 HIGH MOBILITY 14,695 14,695
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 14,868 14,868
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 53,932 53,932
008 WEAPONS ENHANCEMENT 13,795 13,795
PROGRAM.
GUIDED MISSILES
009 GROUND BASED AIR 12,287 12,287
DEFENSE.
010 JAVELIN..............
011 FOLLOW ON TO SMAW.... 46,563 46,563
012 ANTI-ARMOR WEAPONS 19,606 19,606
SYSTEM-HEAVY (AAWS-
H).
OTHER SUPPORT
013 MODIFICATION KITS.... 4,140 4,140
COMMAND AND CONTROL
SYSTEMS
014 UNIT OPERATIONS 16,755 16,755
CENTER.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 24,071 24,071
EQUIPMENT.
OTHER SUPPORT (TEL)
016 COMBAT SUPPORT SYSTEM 25,461 25,461
017 MODIFICATION KITS....
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 5,926 5,926
MILLION (COMM &
ELEC).
019 AIR OPERATIONS C2 44,152 44,152
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 40,352 40,352
INTELL/COMM EQUIPMENT
(NON-TEL)
021 FIRE SUPPORT SYSTEM.. 8,793 8,793
022 INTELLIGENCE SUPPORT 64,276 64,276
EQUIPMENT.
024 RQ-11 UAV............ 2,104 2,104
025 DCGS-MC.............. 10,789 10,789
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
028 NIGHT VISION 6,847 6,847
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
029 COMMON COMPUTER 218,869 218,869
RESOURCES.
030 COMMAND POST SYSTEMS. 84,856 84,856
031 RADIO SYSTEMS........ 89,479 90,479
CBRNE Response [1,000]
Force Capability
Enhancement.
032 COMM SWITCHING & 16,598 16,598
CONTROL SYSTEMS.
033 COMM & ELEC 47,505 47,505
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
033A CLASSIFIED PROGRAMS.. 1,606 1,606
ADMINISTRATIVE
VEHICLES
034 COMMERCIAL PASSENGER 894 894
VEHICLES.
035 COMMERCIAL CARGO 14,231 14,231
VEHICLES.
TACTICAL VEHICLES
036 5/4T TRUCK HMMWV
(MYP).
037 MOTOR TRANSPORT 8,389 8,389
MODIFICATIONS.
038 MEDIUM TACTICAL 5,833 5,833
VEHICLE REPLACEMENT.
039 LOGISTICS VEHICLE 972 972
SYSTEM REP.
040 FAMILY OF TACTICAL 21,848 21,848
TRAILERS.
041 TRAILERS.............
OTHER SUPPORT
042 ITEMS LESS THAN $5 4,503 4,503
MILLION.
ENGINEER AND OTHER
EQUIPMENT
043 ENVIRONMENTAL CONTROL 2,599 2,599
EQUIP ASSORT.
044 BULK LIQUID EQUIPMENT 16,255 16,255
045 TACTICAL FUEL SYSTEMS 26,853 26,853
046 POWER EQUIPMENT 27,247 27,247
ASSORTED.
047 AMPHIBIOUS SUPPORT 5,533 5,533
EQUIPMENT.
048 EOD SYSTEMS.......... 61,753 61,753
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 16,627 16,627
EQUIPMENT.
050 GARRISON MOBILE 10,827 10,827
ENGINEER EQUIPMENT
(GMEE).
051 MATERIAL HANDLING 37,055 37,055
EQUIP.
052 FIRST DESTINATION 1,462 1,462
TRANSPORTATION.
GENERAL PROPERTY
053 FIELD MEDICAL 24,079 24,079
EQUIPMENT.
054 TRAINING DEVICES..... 10,277 10,277
055 CONTAINER FAMILY..... 3,123 3,123
056 FAMILY OF 18,137 18,137
CONSTRUCTION
EQUIPMENT.
057 FAMILY OF INTERNALLY
TRANSPORTABLE VEH
(ITV).
058 BRIDGE BOATS.........
059 RAPID DEPLOYABLE 5,026 5,026
KITCHEN.
OTHER SUPPORT
060 ITEMS LESS THAN $5 5,206 5,206
MILLION.
SPARES AND REPAIR
PARTS
061 SPARES AND REPAIR 90 90
PARTS.
TOTAL 1,391,602 1,392,602
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 3,340,615 3,340,615
002 Advance 323,477 323,477
Procurement (CY).
003 F-22A................ 104,118 104,118
TACTICAL AIRLIFT
004 C-17A (MYP)..........
OTHER AIRLIFT
005 C-130J............... 72,879 72,879
006 Advance
Procurement (CY).
007 HC-130J.............. 332,899 332,899
008 Advance
Procurement (CY).
009 MC-130J.............. 582,466 582,466
010 Advance
Procurement (CY).
011 HC/MC-130 RECAP......
012 Advance
Procurement (CY).
013 C-27J................ 479,896 479,896
UPT TRAINERS
014 LIGHT MOBILITY
AIRCRAFT.
015 USAFA POWERED FLIGHT 1,060 1,060
PROGRAM.
OPERATIONAL TRAINERS
016 T-6..................
HELICOPTERS
017 COMMON VERTICAL LIFT 52,800 52,800
SUPPORT.
018 Advance
Procurement (CY).
019 V22 OSPREY........... 339,865 339,865
020 Advance 20,000 20,000
Procurement (CY).
MISSION SUPPORT
AIRCRAFT
021 C-12 A...............
022 C-40.................
023 CIVIL AIR PATROL A/C. 2,190 2,190
024 HH-60M............... 104,711 34,811
Early to Need per [-69,900]
H.R. 1473.
025 LIGHT ATTACK ARMED 158,549 158,549
RECON ACFT.
026 RQ-11................
027 STUASL0..............
OTHER AIRCRAFT
028 ITERIM GATEWAY.......
029 TARGET DRONES........ 64,268 64,268
030 C-37A................ 77,842 77,842
031 RQ-4................. 323,964 323,964
032 Advance 71,500 71,500
Procurement (CY).
033 MC 130............... 108,470 108,470
034 MQ-9................. 813,092 813,092
STRATEGIC AIRCRAFT
035 B-2A................. 41,315 41,315
036 B-1B................. 198,007 198,007
037 B-52................. 93,897 93,897
TACTICAL AIRCRAFT
038 A-10................. 153,128 158,128
Modification of [5,000]
In Service A-10
Aircraft.
039 F-15................. 222,386 222,386
040 F-16................. 73,346 56,746
Early to Need- [-16,600]
Mode 5 IFF Block
50/52.
041 F-22A................ 232,032 232,032
042 F-35 MODIFICATIONS...
AIRLIFT AIRCRAFT
043 C-5.................. 11,741 5,741
Program Decrease. [-6,000]
044 Advance
Procurement (CY).
045 C-5M................. 851,859 851,859
046 Advance 112,200 112,200
Procurement (CY).
047 C-9C................. 9 9
048 C-17A................ 202,179 196,179
Program Decrease. [-6,000]
049 C-21................. 328 328
050 C-32A................ 12,157 12,157
051 C-37A................ 21,986 21,986
052 C-130 AMP............ 235,635 235,635
TRAINER AIRCRAFT
053 GLIDER MODS.......... 123 123
054 T-6.................. 15,086 15,086
055 T-1.................. 238 238
056 T-38................. 31,032 31,032
OTHER AIRCRAFT
057 KC-10A (ATCA)........ 27,220 27,220
058 C-12................. 1,777 1,777
059 MC-12W............... 16,767 16,767
060 C-20 MODS............ 241 241
061 VC-25A MOD........... 387 387
062 C-40................. 206 206
063 C-130................ 45,876 43,276
Budget Adjustment [10,400]
per Air Force
Request from RDAF-
81.
Program Decrease. [-13,000]
064 C-130 INTEL.......... 3,593 3,593
065 C-130J MODS.......... 38,174 38,174
066 C-135................ 62,210 62,210
067 COMPASS CALL MODS.... 256,624 256,624
068 RC-135............... 162,211 162,211
069 E-3.................. 135,031 135,031
070 E-4.................. 57,829 57,829
071 E-8.................. 29,058 29,058
072 H-1.................. 5,280 5,280
073 H-60................. 34,371 88,971
Budget Adjustment [54,600]
per Air Force
Request from RDAF-
81.
074 RQ-4 MODS............ 89,177 89,177
075 AC-130 RECAP......... 431 431
076 OTHER MODIFICATIONS.. 115,338 115,338
076A EHF SATCOM...........
076B JTRS.................
077 MQ-1 MODS............ 158,446 158,446
078 MQ-9 MODS............ 181,302 181,302
079 MQ-9 UAS PAYLOADS.... 74,866 74,866
080 CV-22 MODS........... 14,715 14,715
AIRCRAFT SPARES +
REPAIR PARTS
081 FIGHTER/UAV INITIAL 1,030,364 1,030,364
SPARES/REPAIR PARTS.
081A AIRLIFT/BOMBER
INITIAL SPARES/
REPAIR PARTS.
COMMON SUPPORT
EQUIPMENT
082 AIRCRAFT REPLACEMENT 92,394 92,394
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
083 B-1.................. 4,743 4,743
084 B-2A................. 101 101
085 B-2A................. 49,319 49,319
086 B-52.................
087 C-5.................. 521 521
088 C-5..................
089 KC-10A (ATCA)........ 5,691 5,691
090 C-17A................ 183,696 183,696
091 C-130................ 25,646 25,646
092 EC-130J..............
093 C-135................ 2,434 2,434
094 F-15................. 2,076 2,076
095 F-16................. 4,537 4,537
096 T-6..................
097 OTHER AIRCRAFT....... 40,025 40,025
INDUSTRIAL
PREPAREDNESS
098 INDUSTRIAL 21,050 21,050
RESPONSIVENESS.
WAR CONSUMABLES
099 WAR CONSUMABLES...... 87,220 87,220
OTHER PRODUCTION
CHARGES
100 OTHER PRODUCTION 1,072,858 1,072,858
CHARGES.
DARP
104 U-2.................. 48,875 48,875
CLASSIFIED PROGRAMS
104A CLASSIFIED PROGRAMS.. 16,502 16,502
UNDISTRIBUTED
105 UNDISTRIBUTED........ 85,000
Mobility Aircraft [60,000]
Mobility Aircraft [25,000]
Simulators.
TOTAL AIRCRAFT 14,082,527 14,126,027
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 23,919 23,919
CARTRIDGES
002 CARTRIDGES........... 89,771 89,771
BOMBS
003 PRACTICE BOMBS....... 38,756 38,756
004 GENERAL PURPOSE BOMBS 168,557 168,557
005 JOINT DIRECT ATTACK 76,649 76,649
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 42,410 42,410
007 EXPLOSIVE ORDNANCE 3,119 3,119
DISPOSAL (EOD).
008 SPARES AND REPAIR 998 998
PARTS.
009 MODIFICATIONS........ 1,132 1,132
010 ITEMS LESS THAN 5,075 5,075
$5,000,000.
FUZES
011 FLARES............... 46,749 46,749
012 FUZES................ 34,735 34,735
SMALL ARMS
013 SMALL ARMS........... 7,195 7,195
TOTAL 539,065 539,065
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 67,745 67,745
EQ-BALLISTIC.
TACTICAL
002 JASSM................ 236,193 236,193
003 SIDEWINDER (AIM-9X).. 88,769 88,769
004 AMRAAM............... 309,561 309,561
005 PREDATOR HELLFIRE 46,830 46,830
MISSILE.
006 SMALL DIAMETER BOMB.. 7,523 7,523
INDUSTRIAL FACILITIES
007 INDUSTR'L PREPAREDNS/ 726 726
POL PREVENTION.
CLASS IV
008 ADVANCED CRUISE 39 39
MISSILE.
009 MM III MODIFICATIONS. 125,953 125,953
010 AGM-65D MAVERICK..... 266 266
011 AGM-88A HARM......... 25,642 25,642
012 AIR LAUNCH CRUISE 14,987 14,987
MISSILE (ALCM).
MISSILE SPARES +
REPAIR PARTS
013 INITIAL SPARES/REPAIR 43,241 43,241
PARTS.
SPACE PROGRAMS
014 ADVANCED EHF......... 552,833 552,833
015 Advance
Procurement (CY).
016 WIDEBAND GAPFILLER 468,745 884,745
SATELLITES(SPACE).
Transfer from PDW- [416,000]
20.
017 Advance
Procurement (CY).
018 GPS III SPACE SEGMENT 433,526 433,526
019 Advance 81,811 81,811
Procurement (CY).
020 SPACEBORNE EQUIP 21,568 21,568
(COMSEC).
021 GLOBAL POSITIONING 67,689 67,689
(SPACE).
022 DEF METEOROLOGICAL 101,397 101,397
SAT PROG(SPACE).
023 EVOLVED EXPENDABLE 1,740,222 1,740,222
LAUNCH VEH(SPACE).
024 SBIR HIGH (SPACE).... 81,389 81,389
025 Advance 243,500 243,500
Procurement (CY).
026 NATL POLAR-ORBITING
OP ENV SATELLITE.
SPECIAL PROGRAMS
029 DEFENSE SPACE RECONN
PROGRAM.
031 SPECIAL UPDATE 154,727 154,727
PROGRAMS.
CLASSIFIED PROGRAMS
031A CLASSIFIED PROGRAMS.. 1,159,135 1,159,135
TOTAL MISSILE 6,074,017 6,490,017
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 5,621 5,621
VEHICLES.
CARGO + UTILITY
VEHICLES
002 MEDIUM TACTICAL 18,411 18,411
VEHICLE.
003 CAP VEHICLES......... 917 917
004 ITEMS LESS THAN 18,694 18,694
$5,000,000 (CARGO.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 5,982 0
VEHICLES.
Funding No Longer [-5,982]
Required.
006 ITEMS LESS THAN 20,677 20,677
$5,000,000 (SPECIA.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 22,881 22,881
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAT 14,978 14,978
$5,000,000.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV AND 16,556 16,556
CLEANING EQU.
010 ITEMS LESS THAN $5M 30,225 30,225
BASE MAINT/CONST.
COMM SECURITY
EQUIPMENT(COMSEC)
011 COMSEC EQUIPMENT..... 135,169 135,169
012 MODIFICATIONS 1,263 1,263
(COMSEC).
013 AIR FORCE PHYSICAL
SECURITY.
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 2,645 2,645
EQUIPMENT.
015 INTELLIGENCE COMM 21,762 21,762
EQUIPMENT.
016 ADVANCE TECH SENSORS. 899 899
017 MISSION PLANNING 18,529 18,529
SYSTEMS.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 32,473 32,473
LANDING SYS.
019 NATIONAL AIRSPACE 51,426 51,426
SYSTEM.
020 BATTLE CONTROL 32,468 32,468
SYSTEM--FIXED.
021 THEATER AIR CONTROL 22,813 22,813
SYS IMPROVEMEN.
022 WEATHER OBSERVATION 14,619 14,619
FORECAST.
023 STRATEGIC COMMAND AND 39,144 39,144
CONTROL.
024 CHEYENNE MOUNTAIN 25,992 25,992
COMPLEX.
025 TAC SIGNIT SPT....... 217 217
026 DRUG INTERDICTION
SUPPORT.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 52,263 52,263
TECHNOLOGY.
028 AF GLOBAL COMMAND & 16,951 16,951
CONTROL SYS.
029 MOBILITY COMMAND AND 26,433 26,433
CONTROL.
030 AIR FORCE PHYSICAL 90,015 90,015
SECURITY SYSTEM.
031 COMBAT TRAINING 23,955 23,955
RANGES.
032 C3 COUNTERMEASURES... 7,518 7,518
033 GCSS-AF FOS.......... 72,641 72,641
034 THEATER BATTLE MGT C2 22,301 22,301
SYSTEM.
035 AIR & SPACE 15,525 15,525
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
036 INFORMATION TRANSPORT 49,377 49,377
SYSTEMS.
037 BASE INFO 41,239 41,239
INFRASTRUCTURE.
038 AFNET................ 228,978 228,978
039 VOICE SYSTEMS........ 43,603 43,603
040 USCENTCOM- JCSE...... 30,983 30,983
DISA PROGRAMS
041 SPACE BASED IR SENSOR 49,570 49,570
PGM SPACE.
042 NAVSTAR GPS SPACE.... 2,008 2,008
043 NUDET DETECTION SYS 4,863 4,863
SPACE.
044 AF SATELLITE CONTROL 61,386 61,386
NETWORK SPACE.
045 SPACELIFT RANGE 125,947 125,947
SYSTEM SPACE.
046 MILSATCOM SPACE...... 104,720 104,720
047 SPACE MODS SPACE..... 28,075 28,075
048 COUNTERSPACE SYSTEM.. 20,718 20,718
ORGANIZATION AND BASE
049 TACTICAL C-E 227,866 217,466
EQUIPMENT.
Airborne [-10,400]
Maritime--Fixed
Radios.
050 COMBAT SURVIVOR 22,184 22,184
EVADER LOCATER.
051 RADIO EQUIPMENT...... 11,408 11,408
052 CCTV/AUDIOVISUAL 11,559 11,559
EQUIPMENT.
053 BASE COMM 105,977 105,977
INFRASTRUCTURE.
MODIFICATIONS
054 COMM ELECT MODS...... 76,810 76,810
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 20,008 20,008
056 ITEMS LESS THAN 25,499 25,499
$5,000,000 (SAFETY).
DEPOT PLANT+MTRLS
HANDLING EQ
057 MECHANIZED MATERIAL 37,829 37,829
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
058 BASE PROCURED 16,483 16,483
EQUIPMENT.
059 CONTINGENCY 16,754 16,754
OPERATIONS.
060 PRODUCTIVITY CAPITAL 3,653 3,653
INVESTMENT.
061 MOBILITY EQUIPMENT... 30,345 30,345
062 ITEMS LESS THAN 2,819 2,819
$5,000,000 (BASE S).
SPECIAL SUPPORT
PROJECTS
064 DARP RC135........... 23,341 23,341
065 DCGS-AF.............. 212,146 212,146
067 SPECIAL UPDATE 410,069 410,069
PROGRAM.
068 DEFENSE SPACE 41,066 41,066
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
068A CLASSIFIED PROGRAMS.. 14,618,160 14,618,160
SPARES AND REPAIR
PARTS
069 SPARES AND REPAIR 14,630 14,630
PARTS.
TOTAL OTHER 17,602,036 17,585,654
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, BTA
001 MAJOR EQUIPMENT, BTA.
MAJOR EQUIPMENT, DCAA
002 ITEMS LESS THAN $5 1,473 1,473
MILLION.
MAJOR EQUIPMENT, DCMA
003 MAJOR EQUIPMENT...... 2,076 2,076
MAJOR EQUIPMENT, DHRA
004 PERSONNEL 11,019 11,019
ADMINISTRATION.
MAJOR EQUIPMENT, DISA
013 INTERDICTION SUPPORT.
014 INFORMATION SYSTEMS 19,952 19,952
SECURITY.
015 GLOBAL COMMAND AND 5,324 5,324
CONTROL SYSTEM.
016 GLOBAL COMBAT SUPPORT 2,955 2,955
SYSTEM.
017 TELEPORT PROGRAM..... 54,743 54,743
018 ITEMS LESS THAN $5 174,805 174,805
MILLION.
019 NET CENTRIC 3,429 3,429
ENTERPRISE SERVICES
(NCES).
020 DEFENSE INFORMATION 500,932 84,932
SYSTEM NETWORK.
Transfer to MPAF- [-416,000]
16.
021 PUBLIC KEY 1,788 1,788
INFRASTRUCTURE.
022 CYBER SECURITY 24,085 24,085
INITIATIVE.
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT...... 11,537 11,537
MAJOR EQUIPMENT,
DMACT
024 MAJOR EQUIPMENT...... 14,542 14,542
MAJOR EQUIPMENT,
DODEA
025 AUTOMATION/ 1,444 1,444
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DEFENSE SECURITY
COOPERATION AGENCY
026 EQUIPMENT............ 971 971
MAJOR EQUIPMENT, DSS
027 OTHER CAPITAL 974 974
EQUIPMENT.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
028 VEHICLES............. 200 200
029 OTHER MAJOR EQUIPMENT 12,806 12,806
MAJOR EQUIPMENT, DTSA
030 MAJOR EQUIPMENT...... 447 447
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
031 THAAD PROCUREMENT....
032 AEGIS BMD PROCUREMENT
033 THAAD................ 833,150 883,150
Program Increase. [50,000]
034 AEGIS BMD............ 565,393 615,393
Program Increase. [50,000]
035 BMDS AN/TPY-2 RADARS. 380,195 380,195
MAJOR EQUIPMENT, NSA
043 INFORMATION SYSTEMS 5,787 5,787
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
045 MAJOR EQUIPMENT, OSD. 47,123 47,123
045A JCTD.................
046 MAJOR EQUIPMENT, 20,176 20,176
INTELLIGENCE.
MAJOR EQUIPMENT, TJS
047 MAJOR EQUIPMENT, TJS. 29,729 29,729
MAJOR EQUIPMENT, WHS
048 MAJOR EQUIPMENT, WHS. 31,974 31,974
CLASSIFIED PROGRAMS
048A CLASSIFIED PROGRAMS.. 554,408 554,408
AVIATION PROGRAMS
049 ROTARY WING UPGRADES 41,411 41,411
AND SUSTAINMENT.
050 MH-47 SERVICE LIFE
EXTENSION PROGRAM.
051 MH-60 MODERNIZATION 171,456 171,456
PROGRAM.
052 NON-STANDARD AVIATION 272,623 222,623
Unjustified [-50,000]
Growth.
053 TANKER
RECAPITALIZATION.
054 U-28................. 5,100 5,100
055 MH-47 CHINOOK........ 142,783 142,783
056 RQ-11 UNMANNED AERIAL 486 486
VEHICLE.
057 CV-22 MODIFICATION... 118,002 118,002
058 MQ-1 UNMANNED AERIAL 3,025 3,025
VEHICLE.
059 MQ-9 UNMANNED AERIAL 3,024 3,024
VEHICLE.
060 RQ-7 UNMANNED AERIAL 450 450
VEHICLE.
061 STUASL0.............. 12,276 12,276
062 AC/MC-130J........... 74,891 74,891
063 C-130 MODIFICATIONS.. 19,665 19,665
064 AIRCRAFT SUPPORT..... 6,207 6,207
SHIPBUILDING
065 UNDERWATER SYSTEMS... 6,999 6,999
066 SEAL DELIVERY VEHICLE
AMMUNITION PROGRAMS
067 ORDNANCE 116,009 116,009
REPLENISHMENT.
068 ORDNANCE ACQUISITION. 28,281 28,281
OTHER PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 87,489 150,289
EQUIPMENT AND
ELECTRONICS.
Program Growth... [62,800]
070 INTELLIGENCE SYSTEMS. 74,702 74,702
071 SMALL ARMS AND 9,196 9,196
WEAPONS.
072 DISTRIBUTED COMMON 15,621 15,621
GROUND/SURFACE
SYSTEMS.
074 MARITIME EQUIPMENT
MODIFICATIONS.
076 COMBATANT CRAFT 6,899 66,899
SYSTEMS.
Program Growth... [60,000]
077 SPARES AND REPAIR 594 594
PARTS.
078 TACTICAL VEHICLES.... 33,915 33,915
079 MISSION TRAINING AND
PREPARATION SYSTEMS.
080 MISSION TRAINING AND 46,242 46,242
PREPARATION SYSTEMS.
081 COMBAT MISSION 50,000 50,000
REQUIREMENTS.
082 MILCON COLLATERAL 18,723 18,723
EQUIPMENT.
084 CLASSIFIED PROGRAMS..
085 AUTOMATION SYSTEMS... 51,232 51,232
086 GLOBAL VIDEO 7,782 7,782
SURVEILLANCE
ACTIVITIES.
087 OPERATIONAL 22,960 22,960
ENHANCEMENTS
INTELLIGENCE.
088 SOLDIER PROTECTION 362 362
AND SURVIVAL SYSTEMS.
089 VISUAL AUGMENTATION 15,758 15,758
LASERS AND SENSOR
SYSTEMS.
090 TACTICAL RADIO 76,459 101,459
SYSTEMS.
Program Increase. [25,000]
091 MARITIME EQUIPMENT...
092 DRUG INTERDICTION....
093 MISCELLANEOUS 1,895 1,895
EQUIPMENT.
094 OPERATIONAL 246,893 246,893
ENHANCEMENTS.
095 MILITARY INFORMATION 4,142 4,142
SUPPORT OPERATIONS.
CLASSIFIED PROGRAMS
095A CLASSIFIED PROGRAMS.. 4,012 4,012
CBDP
096 INSTALLATION FORCE 15,900 15,900
PROTECTION.
097 INDIVIDUAL PROTECTION 71,376 71,376
098 DECONTAMINATION...... 6,466 6,466
099 JOINT BIO DEFENSE 11,143 11,143
PROGRAM (MEDICAL).
100 COLLECTIVE PROTECTION 9,414 9,414
101 CONTAMINATION 139,948 139,948
AVOIDANCE.
TOTAL 5,365,248 5,147,048
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 100,000 0
OPERATIONAL NEEDS
FUND.
Unjustified [-100,000]
Requirement.
TOTAL JOINT 100,000 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 100,000
Program Increase. [100,000]
TOTAL NATIONAL 100,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 111,453,792 111,331,833
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2012 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 C-12 CARGO AIRPLANE.. 10,500 10,500
ROTARY
008 AH-64 BLOCK II/WRA... 35,500 0
Post 2012 [-35,500]
Contract Award.
012 UH-60 BLACKHAWK M 72,000 72,000
MODEL (MYP).
017 KIOWA WARRIOR UPGRADE 145,500 145,500
(OH-58 D)/WRA.
MODIFICATION OF
AIRCRAFT
019 MQ-1 PAYLOAD--UAS.... 10,800 10,800
022 MULTI SENSOR ABN 54,500 54,500
RECON (MIP).
033 RQ-7 UAV MODS........ 94,600 94,600
TOTAL AIRCRAFT 423,400 387,900
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 107,556 107,556
ANTI-TANK/ASSAULT
MISSILE SYS
009 GUIDED MLRS ROCKET 19,000 19,000
(GMLRS).
TOTAL MISSILE 126,556 126,556
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
WEAPONS & OTHER
COMBAT VEHICLES
020 LIGHTWEIGHT .50 5,427 5,427
CALIBER MACHINE GUN.
029 COMMON REMOTELY 14,890 14,890
OPERATED WEAPONS
STATION (CRO.
033 M4 CARBINE MODS...... 16,800 16,800
TOTAL 37,117 37,117
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
004 CTG, HANDGUN, ALL 1,200 1,200
TYPES.
009 CTG, 30MM, ALL TYPES. 4,800 4,800
010 CTG, 40MM, ALL TYPES. 38,000 38,000
MORTAR AMMUNITION
013 81MM MORTAR, ALL 8,000 8,000
TYPES.
014 120MM MORTAR, ALL 49,140 49,140
TYPES.
ARTILLERY AMMUNITION
019 ARTILLERY PROJECTILE, 10,000 10,000
155MM, ALL TYPES.
ARTILLERY FUZES
022 ARTILLERY FUZES, ALL 5,000 5,000
TYPES.
ROCKETS
027 SHOULDER LAUNCHED 5,000 5,000
MUNITIONS, ALL TYPES.
028 ROCKET, HYDRA 70, ALL 53,841 53,841
TYPES.
OTHER AMMUNITION
029 DEMOLITION MUNITIONS, 16,000 16,000
ALL TYPES.
031 SIGNALS, ALL TYPES... 7,000 7,000
032 SIMULATORS, ALL TYPES 8,000 8,000
MISCELLANEOUS
036 CAD/PAD ALL TYPES.... 2,000 2,000
037 ITEMS LESS THAN $5 400 400
MILLION.
TOTAL 208,381 208,381
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
005 FAMILY OF MEDIUM 11,094 11,094
TACTICAL VEH (FMTV).
007 FAMILY OF HEAVY 47,214 47,214
TACTICAL VEHICLES
(FHTV).
NON-TACTICAL VEHICLES
023 NONTACTICAL VEHICLES, 3,600 3,600
OTHER.
COMM--JOINT
COMMUNICATIONS
025 WIN-T--GROUND FORCES 547 547
TACTICAL NETWORK.
COMM--COMBAT
COMMUNICATIONS
039 JOINT TACTICAL RADIO 450 450
SYSTEM.
042 AMC CRITICAL ITEMS-- 8,141 8,141
OPA2.
049 GUNSHOT DETECTION 44,100 44,100
SYSTEM (GDS).
051 MEDICAL COMM FOR CBT 6,443 6,443
CASUALTY CARE (MC4).
INFORMATION SECURITY
056 INFORMATION SYSTEM 54,730 54,730
SECURITY PROGRAM-
ISSP.
COMM--LONG HAUL
COMMUNICATIONS
058 BASE SUPPORT 5,000 5,000
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
062 INSTALLATION INFO 169,500 169,500
INFRASTRUCTURE MOD
PROGRAM(.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
070 DCGS-A (MIP)......... 83,000 83,000
072 TROJAN (MIP)......... 61,100 61,100
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 54,100 54,100
MORTAR RADAR.
079 FAMILY OF PERSISTENT 53,000 53,000
SURVEILLANCE
CAPABILITES.
080 COUNTERINTELLIGENCE/ 48,600 48,600
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
084 SENSE THROUGH THE 10,000 10,000
WALL (STTW).
095 PROFILER............. 2,000 2,000
096 MOD OF IN-SVC EQUIP 30,400 30,400
(FIREFINDER RADARS).
098 JOINT BATTLE COMMAND-- 148,335 148,335
PLATFORM (JBC-P).
102 COUNTERFIRE RADARS... 110,548 110,548
ELECT EQUIP--TACTICAL
C2 SYSTEMS
105 FIRE SUPPORT C2 15,081 15,081
FAMILY.
106 BATTLE COMMAND 10,000 10,000
SUSTAINMENT SUPPORT
SYSTEM (BC.
108 AIR & MSL DEFENSE 28,000 28,000
PLANNING & CONTROL
SYS.
109 KNIGHT FAMILY........ 42,000 42,000
114 NETWORK MANAGEMENT 32,800 32,800
INITIALIZATION AND
SERVICE.
115 MANEUVER CONTROL 44,000 44,000
SYSTEM (MCS).
116 SINGLE ARMY LOGISTICS 18,000 18,000
ENTERPRISE (SALE).
ELECT EQUIP--
AUTOMATION
121 AUTOMATED DATA 10,000 10,000
PROCESSING EQUIP.
UNDISTRIBUTED
127A CLASSIFIED PROGRAMS.. 795 795
CHEMICAL DEFENSIVE
EQUIPMENT
128 PROTECTIVE SYSTEMS... 11,472 11,472
129 FAMILY OF NON-LETHAL 30,000 30,000
EQUIPMENT (FNLE).
131 CBRN SOLDIER 1,200 1,200
PROTECTION.
BRIDGING EQUIPMENT
133 TACTICAL BRIDGING.... 15,000 15,000
134 TACTICAL BRIDGE, 26,900 26,900
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
138 EXPLOSIVE ORDNANCE 3,205 3,205
DISPOSAL EQPMT (EOD
EQPMT).
COMBAT SERVICE
SUPPORT EQUIPMENT
149 FORCE PROVIDER....... 68,000 68,000
MEDICAL EQUIPMENT
158 COMBAT SUPPORT 15,011 15,011
MEDICAL.
MAINTENANCE EQUIPMENT
159 MOBILE MAINTENANCE 25,129 25,129
EQUIPMENT SYSTEMS.
MATERIAL HANDLING
EQUIPMENT
180 ALL TERRAIN LIFTING 1,800 1,800
ARMY SYSTEM.
OTHER SUPPORT
EQUIPMENT
189 RAPID EQUIPPING 43,000 43,000
SOLDIER SUPPORT
EQUIPMENT.
190 PHYSICAL SECURITY 4,900 4,900
SYSTEMS (OPA3).
TOTAL OTHER 1,398,195 1,398,195
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK... 1,368,800 1,368,800
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE.... 961,200 961,200
FORCE TRAINING
003 TRAIN THE FORCE...... 247,500 247,500
TOTAL JOINT IMPR 2,577,500 2,577,500
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
011 UH-1Y/AH-1Z.......... 30,000 30,000
019 E-2D ADV HAWKEYE..... 163,500 163,500
OTHER AIRCRAFT
028 OTHER SUPPORT 21,882 21,882
AIRCRAFT.
MODIFICATION OF
AIRCRAFT
030 AEA SYSTEMS.......... 53,100 53,100
031 AV-8 SERIES.......... 53,485 53,485
032 F-18 SERIES.......... 46,992 46,992
034 AH-1W SERIES......... 39,418 39,418
035 H-53 SERIES.......... 70,747 70,747
037 H-1 SERIES........... 6,420 6,420
038 EP-3 SERIES.......... 20,800 20,800
043 C-130 SERIES......... 59,625 59,625
045 CARGO/TRANSPORT A/C 25,880 25,880
SERIES.
048 SPECIAL PROJECT 11,184 11,184
AIRCRAFT.
053 COMMON ECM EQUIPMENT. 27,200 27,200
054 COMMON AVIONICS 13,467 13,467
CHANGES.
055 COMMON DEFENSIVE 3,300 3,300
WEAPON SYSTEM.
060 V-22 (TILT/ROTOR 30,000 30,000
ACFT) OSPREY.
AIRCRAFT SPARES AND
REPAIR PARTS
061 SPARES AND REPAIR 39,060 39,060
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 10,800 10,800
EQUIPMENT.
065 OTHER PRODUCTION 4,100 4,100
CHARGES.
TOTAL AIRCRAFT 730,960 730,960
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
009 HELLFIRE............. 14,000 14,000
010 STAND OFF PRECISION 20,000 20,000
GUIDED MUNITIONS
(SOPGM).
GUNS AND GUN MOUNTS
027 SMALL ARMS AND 7,070 7,070
WEAPONS.
TOTAL WEAPONS 41,070 41,070
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
003 AIRBORNE ROCKETS, ALL 80,200 80,200
TYPES.
004 MACHINE GUN 22,400 22,400
AMMUNITION.
007 AIR EXPENDABLE 20,000 20,000
COUNTERMEASURES.
011 OTHER SHIP GUN 182 182
AMMUNITION.
012 SMALL ARMS & LANDING 4,545 4,545
PARTY AMMO.
013 PYROTECHNIC AND 1,656 1,656
DEMOLITION.
014 AMMUNITION LESS THAN 6,000 6,000
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 19,575 19,575
016 LINEAR CHARGES, ALL 6,691 6,691
TYPES.
017 40 MM, ALL TYPES..... 12,184 12,184
018 60MM, ALL TYPES...... 10,988 10,988
019 81MM, ALL TYPES...... 24,515 24,515
020 120MM, ALL TYPES..... 11,227 11,227
021 CTG 25MM, ALL TYPES.. 802 802
022 GRENADES, ALL TYPES.. 5,911 5,911
023 ROCKETS, ALL TYPES... 18,871 18,871
024 ARTILLERY, ALL TYPES. 57,003 57,003
025 DEMOLITION MUNITIONS, 7,831 7,831
ALL TYPES.
026 FUZE, ALL TYPES...... 5,177 5,177
027 NON LETHALS.......... 712 712
029 ITEMS LESS THAN $5 630 630
MILLION.
TOTAL 317,100 317,100