[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 112-81
112th Congress
An Act
To authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for defense
activities of the
Department of Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2012''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into five divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--SBIR and STTR Reauthorization.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/
HH-60M helicopters and Navy MH-60R/MH-60S helicopters.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for mission avionics and
common cockpits for Navy MH-60R/S helicopters.
Sec. 122. Separate procurement line item for certain Littoral Combat
Ship mission modules.
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance
and sustainability plans for the Littoral Combat Ship
program.
Sec. 124. Extension of Ford-class aircraft carrier construction
authority.
Subtitle D--Air Force Programs
Sec. 131. Strategic airlift aircraft force structure.
[[Page 1299]]
Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Availability of fiscal year 2011 funds for research and
development relating to the B-2 bomber aircraft.
Sec. 135. Availability of fiscal year 2011 funds to support alternative
options for extremely high frequency terminal Increment 1
program of record.
Sec. 136. Procurement of advanced extremely high frequency satellites.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Limitation on availability of funds for acquisition of joint
tactical radio system.
Sec. 142. Limitation on availability of funds for Aviation Foreign
Internal Defense program.
Sec. 143. F-35 Joint Strike Fighter aircraft.
Sec. 144. Additional oversight requirements for the undersea mobility
acquisition program of the United States Special Operations
Command.
Sec. 145. Inclusion of information on approved Combat Mission
Requirements in quarterly reports on use of Combat Mission
Requirement funds.
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-
engining program.
Sec. 147. Authority for exchange with United Kingdom of specified F-35
Lightning II Joint Strike Fighter aircraft.
Sec. 148. Report on probationary period in development of short take-
off, vertical landing variant of the Joint Strike Fighter.
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform
Act of 2009 measures within the Joint Strike Fighter aircraft
program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Limitation on availability of funds for the ground combat
vehicle program.
Sec. 212. Limitation on the individual carbine program.
Sec. 213. Limitation on availability of funds for Future Unmanned
Carrier-based Strike System.
Sec. 214. Limitation on availability of funds for amphibious assault
vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the F-35 Lightning II
aircraft program.
Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber
aircraft extremely high frequency satellite communications
program.
Sec. 217. Limitation on availability of funds for the Joint Space
Operations Center management system.
Sec. 218. Limitation on availability of funds for wireless innovation
fund.
Sec. 219. Prohibition on delegation of budgeting authority for certain
research and educational programs.
Sec. 220. Designation of main propulsion turbomachinery of the next-
generation long-range strike bomber aircraft as major
subprogram.
Sec. 221. Designation of electromagnetic aircraft launch system
development and procurement program as major subprogram.
Sec. 222. Advanced rotorcraft flight research and development.
Sec. 223. Preservation and storage of certain property related to F136
propulsion system.
Subtitle C--Missile Defense Programs
Sec. 231. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 232. Comptroller General review and assessment of missile defense
acquisition programs.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense program.
Sec. 235. Limitation on availability of funds for the medium extended
air defense system.
Sec. 236. Sense of Congress regarding ballistic missile defense
training.
Subtitle D--Reports
Sec. 241. Extension of requirements for biennial roadmap and annual
review and certification on funding for development of
hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class
replacement ballistic missile submarine.
[[Page 1300]]
Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC-46A aircraft
acquisition program.
Sec. 245. Independent review and assessment of cryptographic
modernization program.
Sec. 246. Report on increased budget items.
Subtitle E--Other Matters
Sec. 251. Repeal of requirement for Technology Transition Initiative.
Sec. 252. Contractor cost-sharing in pilot program to include technology
protection features during research and development of
certain defense systems.
Sec. 253. Extension of authority for mechanisms to provide funds for
defense laboratories for research and development of
technologies for military missions.
Sec. 254. National defense education program.
Sec. 255. Laboratory facilities, Hanover, New Hampshire.
Sec. 256. Sense of Congress on active matrix organic light emitting
diode technology.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Designation of senior official of Joint Chiefs of Staff for
operational energy plans and programs and operational energy
budget certification.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for
the national defense.
Sec. 313. Discharge of wastes at sea generated by ships of the Armed
Forces.
Sec. 314. Modification to the responsibilities of the Assistant
Secretary of Defense for Operational Energy, Plans, and
Programs.
Sec. 315. Energy-efficient technologies in contracts for logistics
support of contingency operations.
Sec. 316. Health assessment reports required when waste is disposed of
in open-air burn pits.
Sec. 317. Streamlined annual report on defense environmental programs.
Sec. 318. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 319. Requirements relating to Agency for Toxic Substances and
Disease Registry investigation of exposure to drinking water
contamination at Camp Lejeune, North Carolina.
Sec. 320. Fire suppression agents.
Subtitle C--Logistics and Sustainment
Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Designation of military arsenal facilities as Centers of
Industrial and Technical Excellence.
Sec. 323. Permanent and expanded authority for Army industrial
facilities to enter into certain cooperative arrangements
with non-Army entities.
Sec. 324. Implementation of corrective actions resulting from corrosion
study of the F-22 and F-35 aircraft.
Sec. 325. Modification of requirements relating to minimum capital
investment for certain depots.
Sec. 326. Reports on depot-related activities.
Sec. 327. Core depot-level maintenance and repair capabilities.
Subtitle D--Readiness
Sec. 331. Modification of Department of Defense authority to accept
voluntary contributions of funds.
Sec. 332. Review of proposed structures affecting navigable airspace.
Subtitle E--Reports
Sec. 341. Annual certification and modifications of annual report on
prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for
the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations
forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and
equipment service life extension programs to achieve cost
savings.
[[Page 1301]]
Sec. 346. Study on United States force posture in the United States
Pacific Command area of responsibility.
Sec. 347. Study on overseas basing presence of United States forces.
Sec. 348. Inclusion of assessment of joint military training and force
allocations in quadrennial defense review and national
military strategy.
Sec. 349. Modification of report on procurement of military working
dogs.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Adoption of military working dog by family of deceased or
seriously wounded member of the Armed Forces who was the
dog's handler.
Sec. 352. Prohibition on expansion of the Air Force food transformation
initiative.
Sec. 353. Designation and limitation on obligation and expenditure of
funds for the migration of Army enterprise email services.
Sec. 354. One-year extension of pilot program for availability of
working-capital funds to Army for certain product
improvements.
Subtitle G--Other Matters
Sec. 361. Commercial sale of small arms ammunition and small arms
ammunition components in excess of military requirements, and
fired cartridge cases.
Sec. 362. Comptroller General review of space-available travel on
military aircraft.
Sec. 363. Authority to provide information for maritime safety of forces
and hydrographic support.
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection
agreements.
Sec. 365. Clarification of the airlift service definitions relative to
the Civil Reserve Air Fleet.
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 367. Policy on Active Shooter Training for certain law enforcement
personnel.
Sec. 368. Procurement of tents or other temporary structures.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2012 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Increase in authorized strengths for Marine Corps officers on
active duty in grades of major, lieutenant colonel, and
colonel.
Sec. 502. General officer and flag officer reform.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Voluntary retirement incentive matters.
Subtitle B--Reserve Component Management
Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Membership of the Chief of the National Guard Bureau on the
Joint Chiefs of Staff.
Sec. 513. Modification of time in which preseparation counseling must be
provided to reserve component members being demobilized.
Sec. 514. Clarification of applicability of authority for deferral of
mandatory separation of military technicians (dual status)
until age 60.
Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps
Reserve, and Air Force Reserve to active duty to provide
assistance in response to a major disaster or emergency.
Sec. 516. Authority for order to active duty of units of the Selected
Reserve for preplanned missions in support of the combatant
commands.
Sec. 517. Modification of eligibility for consideration for promotion
for reserve officers employed as military technicians (dual
status).
[[Page 1302]]
Sec. 518. Consideration of reserve component officers for appointment to
certain command positions.
Sec. 519. Report on termination of military technician as a distinct
personnel management category.
Subtitle C--General Service Authorities
Sec. 521. Sense of Congress on the unique nature, demands, and hardships
of military service.
Sec. 522. Policy addressing dwell time and measurement and data
collection regarding unit operating tempo and personnel
tempo.
Sec. 523. Protected communications by members of the Armed Forces and
prohibition of retaliatory personnel actions.
Sec. 524. Notification requirement for determination made in response to
review of proposal for award of Medal of Honor not previously
submitted in timely fashion.
Sec. 525. Expansion of regular enlisted members covered by early
discharge authority.
Sec. 526. Extension of voluntary separation pay and benefits authority.
Sec. 527. Prohibition on denial of reenlistment of members for
unsuitability based on the same medical condition for which
they were determined to be fit for duty.
Sec. 528. Designation of persons authorized to direct disposition of
remains of members of the Armed Forces.
Sec. 529. Matters covered by preseparation counseling for members of the
Armed Forces and their spouses.
Sec. 530. Conversion of high-deployment allowance from mandatory to
authorized.
Sec. 531. Extension of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 532. Policy on military recruitment and enlistment of graduates of
secondary schools.
Sec. 533. Department of Defense suicide prevention program.
Subtitle D--Military Justice and Legal Matters
Sec. 541. Reform of offenses relating to rape, sexual assault, and other
sexual misconduct under the Uniform Code of Military Justice.
Sec. 542. Authority to compel production of documentary evidence.
Sec. 543. Clarification of application and extent of direct acceptance
of gifts authority.
Sec. 544. Freedom of conscience of military chaplains with respect to
the performance of marriages.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 551. Employment skills training for members of the Armed Forces on
active duty who are transitioning to civilian life.
Sec. 552. Enhancement of authorities on joint professional military
education.
Sec. 553. Temporary authority to waive maximum age limitation on
admission to the military service academies.
Sec. 554. Enhancement of administration of the United States Air Force
Institute of Technology.
Sec. 555. Enrollment of certain seriously wounded, ill, or injured
former or retired enlisted members of the Armed Forces in
associate degree programs of the Community College of the Air
Force in order to complete degree program.
Sec. 556. Reserve component mental health student stipend.
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-
Teachers Program.
Sec. 558. Pilot program on receipt of civilian credentialing for skills
required for military occupational specialties.
Sec. 559. Report on certain education assistance programs.
Subtitle F--Armed Forces Retirement Home
Sec. 561. Control and administration by Secretary of Defense.
Sec. 562. Senior Medical Advisor oversight of health care provided to
residents of Armed Forces Retirement Home.
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council
and Resident Advisory Committees.
Sec. 564. Administrators, Ombudsmen, and staff of facilities.
Sec. 565. Revision of fee requirements.
Sec. 566. Revision of inspection requirements.
Sec. 567. Repeal of obsolete transitional provisions and technical,
conforming, and clerical amendments.
[[Page 1303]]
Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters
Sec. 571. Impact aid for children with severe disabilities.
Sec. 572. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 573. Three-year extension and enhancement of authorities on
transition of military dependent students among local
educational agencies.
Sec. 574. Revision to membership of Department of Defense Military
Family Readiness Council.
Sec. 575. Reemployment rights following certain National Guard duty.
Sec. 576. Expansion of Operation Hero Miles.
Sec. 577. Report on Department of Defense autism pilot and demonstration
projects.
Sec. 578. Comptroller General of the United States report on Department
of Defense military spouse employment programs.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 581. Access of sexual assault victims to legal assistance and
services of Sexual Assault Response Coordinators and Sexual
Assault Victim Advocates.
Sec. 582. Consideration of application for permanent change of station
or unit transfer based on humanitarian conditions for victim
of sexual assault or related offense.
Sec. 583. Director of Sexual Assault Prevention and Response Office.
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim
Advocates.
Sec. 585. Training and education programs for sexual assault prevention
and response program.
Sec. 586. Department of Defense policy and procedures on retention and
access to evidence and records relating to sexual assaults
involving members of the Armed Forces.
Subtitle I--Other Matters
Sec. 588. Department of Defense authority to carry out personnel
recovery reintegration and post-isolation support activities.
Sec. 589. Military adaptive sports program.
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration
Program.
Sec. 591. Army National Military Cemeteries.
Sec. 592. Inspection of military cemeteries under jurisdiction of the
military departments.
Sec. 593. Authorization for award of the distinguished service cross for
Captain Fredrick L. Spaulding for acts of valor during the
Vietnam War.
Sec. 594. Authorization and request for award of Medal of Honor to Emil
Kapaun for acts of valor during the Korean War.
Sec. 595. Review regarding award of Medal of Honor to Jewish American
World War I veterans.
Sec. 596. Report on process for expedited determination of disability of
members of the Armed Forces with certain disabling
conditions.
Sec. 597. Comptroller General study of military necessity of Selective
Service System and alternatives.
Sec. 598. Evaluation of issues affecting disposition of remains of
American sailors killed in the explosion of the ketch U.S.S.
Intrepid in Tripoli Harbor on September 4, 1804.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Resumption of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 602. Lodging accommodations for members assigned to duty in
connection with commissioning or fitting out of a ship.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
[[Page 1304]]
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Modification of qualifying period for payment of hostile fire
and imminent danger special pay and hazardous duty special
pay.
Subtitle C--Travel and Transportation Allowances Generally
Sec. 621. One-year extension of authority to reimburse travel expenses
for inactive-duty training outside of normal commuting
distance.
Subtitle D--Consolidation and Reform of Travel and Transportation
Authorities
Sec. 631. Consolidation and reform of travel and transportation
authorities of the uniformed services.
Sec. 632. Transition provisions.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Discretion of the Secretary of the Navy to select categories
of merchandise to be sold by ship stores afloat.
Sec. 642. Access of military exchange stores system to credit available
through Federal Financing Bank.
Sec. 643. Designation of Fisher House for the Families of the Fallen and
Meditation Pavilion, Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle F--Disability, Retired Pay and Survivor Benefits
Sec. 651. Death gratuity and related benefits for Reserves who die
during an authorized stay at their residence during or
between successive days of inactive duty training.
Subtitle G--Other Matters
Sec. 661. Report on basic allowance for housing for National Guard
members transitioning between active duty and full-time
National Guard duty.
Sec. 662. Report on incentives for recruitment and retention of health
care professionals.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Mental health assessments for members of the Armed Forces
deployed in support of a contingency operation.
Sec. 703. Behavioral health support for members of the reserve
components of the Armed Forces.
Sec. 704. Provision of food to certain members and dependents not
receiving inpatient care in military medical treatment
facilities.
Sec. 705. Travel for anesthesia services for childbirth for command-
sponsored dependents of members assigned to remote locations
outside the continental United States.
Sec. 706. Transitional health benefits for certain members with
extension of active duty following active duty in support of
a contingency operation.
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior
Act.
Sec. 708. Transition enrollment of uniformed services family health plan
medicare-eligible retirees to TRICARE for life.
Subtitle B--Health Care Administration
Sec. 711. Codification and improvement of procedures for mental health
evaluations for members of the Armed Forces.
Sec. 712. Extension of time limit for submittal of claims under the
TRICARE program for care provided outside the United States.
Sec. 713. Expansion of State licensure exception for certain health care
professionals.
Sec. 714. Clarification on confidentiality of medical quality assurance
records.
Sec. 715. Maintenance of the adequacy of provider networks under the
TRICARE program.
Sec. 716. Review of the administration of the military health system.
Sec. 717. Limitation on availability of funds for the future electronic
health records program.
Subtitle C--Reports and Other Matters
Sec. 721. Modification of authorities on surveys on continued viability
of TRICARE Standard and TRICARE Extra.
[[Page 1305]]
Sec. 722. Treatment of wounded warriors.
Sec. 723. Report on research and treatment of post-traumatic stress
disorder.
Sec. 724. Report on memorandum regarding traumatic brain injuries.
Sec. 725. Comptroller General report on women-specific health services
and treatment for female members of the Armed Forces.
Sec. 726. Comptroller General report on contract health care staffing
for military medical treatment facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Requirements relating to core depot-level maintenance and
repair capabilities for Milestone A and Milestone B and
elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support
contractors.
Sec. 803. Extension of applicability of the senior executive benchmark
compensation amount for purposes of allowable cost
limitations under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition
Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past
performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board
Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for
contract services.
Sec. 809. Annual report on single-award task and delivery order
contracts.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Calculation of time period relating to report on critical
changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition
Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase
right-hand drive passenger sedan vehicles and adjustment of
threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data
restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor
business systems.
Sec. 817. Compliance with defense procurement requirements for purposes
of internal controls of non-defense agencies for procurements
on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems
Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of
Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from
American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon
fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Waiver of requirements relating to new milestone approval for
certain major defense acquisition programs experiencing
critical cost growth due to change in quantity purchased.
Sec. 832. Assessment, management, and control of operating and support
costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets
for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of
manufacturing risk in major defense acquisition programs.
Sec. 835. Management of developmental test and evaluation for major
defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon
systems to be procured under cooperative projects with
friendly foreign countries.
[[Page 1306]]
Sec. 837. Competition in maintenance and sustainment of subsystems of
major weapon systems.
Sec. 838. Oversight of and reporting requirements with respect to
Evolved Expendable Launch Vehicle program.
Sec. 839. Implementation of acquisition strategy for Evolved Expendable
Launch Vehicle.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
Sec. 841. Prohibition on contracting with the enemy in the United States
Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in
the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring
Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services
in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition
and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent
operational needs.
Subtitle E--Defense Industrial Base Matters
Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial
base.
Sec. 853. Assessment of feasability and advisability of establishment of
rare earth material inventory.
Sec. 854. Department of Defense assessment of industrial base for night
vision image intensification sensors.
Sec. 855. Technical amendment relating to responsibilities of Deputy
Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.
Subtitle F--Other Matters
Sec. 861. Clarification of jurisdiction of the United States district
courts to hear bid protest disputes involving maritime
contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering,
and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the
Department of Defense for multiyear contracts for the
purchase of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 865. Modification of delegation of authority to make determinations
on entry into cooperative research and development agreements
with NATO and other friendly organizations and countries.
Sec. 866. Three-year extension of test program for negotiation of
comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege
Program.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Revision of defense business systems requirements.
Sec. 902. Qualifications for appointments to the position of Deputy
Secretary of Defense.
Sec. 903. Designation of Department of Defense senior official with
principal responsibility for airship programs.
Sec. 904. Memoranda of agreement on identification and dedication of
enabling capabilities of general purpose forces to fulfill
certain requirements of special operations forces.
Sec. 905. Assessment of Department of Defense access to non-United
States citizens with scientific and technical expertise vital
to the national security interests.
Sec. 906. Sense of Congress on use of modeling and simulation in
Department of Defense activities.
Sec. 907. Sense of Congress on ties between Joint Warfighting and
Coalition Center and Allied Command Transformation of NATO.
Sec. 908. Report on effects of planned reductions of personnel at the
Joint Warfare Analysis Center on personnel skills.
Subtitle B--Space Activities
Sec. 911. Harmful interference to Department of Defense Global
Positioning System.
[[Page 1307]]
Sec. 912. Authority to designate increments or blocks of satellites as
major subprograms subject to acquisition reporting
requirements.
Subtitle C--Intelligence-Related Matters
Sec. 921. Report on implementation of recommendations by the Comptroller
General on intelligence information sharing.
Sec. 922. Insider threat detection.
Sec. 923. Expansion of authority for exchanges of mapping, charting, and
geodetic data to include nongovernmental organizations and
academic institutions.
Sec. 924. Ozone Widget Framework.
Sec. 925. Plan for incorporation of enterprise query and correlation
capability into the Defense Intelligence Information
Enterprise.
Sec. 926. Facilities for intelligence collection or special operations
activities abroad.
Subtitle D--Total Force Management
Sec. 931. General policy for total force management.
Sec. 932. Revisions to Department of Defense civilian personnel
management constraints.
Sec. 933. Additional amendments relating to total force management.
Sec. 934. Modifications of annual defense manpower requirements report.
Sec. 935. Revisions to strategic workforce plan.
Sec. 936. Amendments to requirement for inventory of contracts for
services.
Sec. 937. Preliminary planning and duration of public-private
competitions.
Sec. 938. Conversion of certain functions from contractor performance to
performance by Department of Defense civilian employees.
Subtitle E--Quadrennial Roles and Missions and Related Matters
Sec. 941. Chairman of the Joint Chiefs of Staff assessment of
contingency plans.
Sec. 942. Quadrennial defense review.
Subtitle F--Other Matters
Sec. 951. Activities to improve multilateral, bilateral, and regional
cooperation regarding cybersecurity.
Sec. 952. Report on United States Special Operations Command structure.
Sec. 953. Strategy to acquire capabilities to detect previously unknown
cyber attacks.
Sec. 954. Military activities in cyberspace.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Additional requirements relating to the development of the
Financial Improvement and Audit Readiness Plan.
Sec. 1003A. Display of procurement of equipment for the reserve
components of the Armed Forces under estimated expenditures
for procurement in future-years defense programs.
Subtitle B--Counter-Drug Activities
Sec. 1004. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1005. Three-year extension and modification of authority of
Department of Defense to provide additional support for
counterdrug activities of other governmental agencies.
Sec. 1006. Two-year extension and expansion of authority to provide
additional support for counter-drug activities of certain
foreign governments.
Sec. 1007. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1008. Reporting requirement on expenditures to support foreign
counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Budgeting for construction of naval vessels.
Sec. 1012. Sense of Congress on naming of Naval vessel after United
States Marine Corps Sergeant Rafael Peralta.
Sec. 1013. Limitation on availability of funds for placing Maritime
Prepositioning Ship squadrons on reduced operating status.
Sec. 1014. Report on policies and practices of the Navy for naming the
vessels of the Navy.
[[Page 1308]]
Sec. 1015. Transfer of certain high-speed ferries to the Navy.
Sec. 1016. Modification of conditions on status of retired aircraft
carrier ex-John F. Kennedy.
Sec. 1017. Assessment of stationing of additional DDG-51 class
destroyers at Naval Station Mayport, Florida.
Subtitle D--Counterterrorism
Sec. 1021. Affirmation of authority of the Armed Forces of the United
States to detain covered persons pursuant to the
Authorization for Use of Military Force.
Sec. 1022. Military custody for foreign al-Qaeda terrorists.
Sec. 1023. Procedures for periodic detention review of individuals
detained at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1024. Procedures for status determinations.
Sec. 1025. Requirement for national security protocols governing
detainee communications.
Sec. 1026. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Requirement for consultation regarding prosecution of
terrorists.
Sec. 1030. Clarification of right to plead guilty in trial of capital
offense by military commission.
Sec. 1031. Counterterrorism operational briefing requirement.
Sec. 1032. National security planning guidance to deny safe havens to
al-Qaeda and its violent extremist affiliates.
Sec. 1033. Extension of authority to make rewards for combating
terrorism.
Sec. 1034. Amendments relating to the Military Commissions Act of 2009.
Subtitle E--Nuclear Forces
Sec. 1041. Biennial assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and control system.
Sec. 1042. Plan on implementation of the New START Treaty.
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery systems,
and nuclear weapons command and control system.
Sec. 1044. Sense of Congress on nuclear force reductions.
Sec. 1045. Nuclear force reductions.
Sec. 1046. Nuclear employment strategy of the United States.
Sec. 1047. Comptroller General report on nuclear weapon capabilities and
force structure requirements.
Sec. 1048. Report on feasibility of joint replacement fuze program.
Subtitle F--Financial Management
Sec. 1051. Modification of authorities on certification and credential
standards for financial management positions in the
Department of Defense.
Sec. 1052. Reliability of Department of Defense financial statements.
Sec. 1053. Inclusion of plan on the financial management workforce in
the strategic workforce plan of the Department of Defense.
Sec. 1054. Tracking implementation of Department of Defense
efficiencies.
Subtitle G--Repeal and Modification of Reporting Requirements
Sec. 1061. Repeal of reporting requirements under title 10, United
States Code.
Sec. 1062. Repeal of reporting requirements under annual defense
authorization acts.
Sec. 1063. Repeal of reporting requirements under other laws.
Sec. 1064. Modification of reporting requirements under title 10, United
States Code.
Sec. 1065. Modification of reporting requirements under other titles of
the United States Code.
Sec. 1066. Modification of reporting requirements under annual defense
authorization acts.
Sec. 1067. Modification of reporting requirements under other laws.
Subtitle H--Studies and Reports
Sec. 1068. Transmission of reports in electronic format.
[[Page 1309]]
Sec. 1069. Modifications to annual aircraft procurement plan.
Sec. 1070. Change of deadline for annual report to Congress on National
Guard and reserve component equipment.
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear
weapons, and related programs in non-nuclear weapons states
and countries not parties to the nuclear non-proliferation
treaty, and certain foreign persons.
Sec. 1072. Implementation plan for whole-of-government vision prescribed
in the National Security Strategy.
Sec. 1073. Reports on resolution restrictions on the commercial sale or
dissemination of eletro-optical imagery collected by
satellites.
Sec. 1074. Report on integration of unmanned aerial systems into the
national airspace system.
Sec. 1075. Report on feasibility of using unmanned aerial systems to
perform airborne inspection of navigational aids in foreign
airspace.
Sec. 1076. Comptroller General review of medical research and
development relating to improved combat casualty care.
Sec. 1077. Reports to Congress on the modification of the force
structure for the strategic nuclear weapons delivery systems
of the United States.
Sec. 1078. Comptroller General of the United States reports on the major
automated information system programs of the Department of
Defense.
Sec. 1079. Report on Defense Department analytic capabilities regarding
foreign ballistic missile threats.
Sec. 1080. Report on approval and implementation of Air Sea Battle
Concept.
Sec. 1080A. Report on costs of units of the reserve components and the
active components of the Armed Forces.
Subtitle I--Miscellaneous Authorities and Limitations
Sec. 1081. Authority for assignment of civilian employees of the
Department of Defense as advisors to foreign ministries of
defense.
Sec. 1082. Exemption from Freedom of Information Act for data files of
the military flight operations quality assurance systems of
the military departments.
Sec. 1083. Limitation on procurement and fielding of light attack armed
reconnaissance aircraft.
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low
rate initial production at certain prototype integration
facilities.
Sec. 1085. Use of State Partnership Program funds for certain purposes.
Subtitle J--Other Matters
Sec. 1086. Redesignation of psychological operations as military
information support operations in title 10, United States
Code, to conform to Department of Defense usage.
Sec. 1087. Termination of requirement for appointment of civilian
members of National Security Education Board by and with the
advice and consent of the Senate.
Sec. 1088. Sense of Congress on application of moratorium on earmarks to
this Act.
Sec. 1089. Technical amendment.
Sec. 1090. Cybersecurity collaboration between the Department of Defense
and the Department of Homeland Security.
Sec. 1091. Treatment under Freedom of Information Act of certain
Department of Defense critical infrastructure security
information.
Sec. 1092. Expansion of scope of humanitarian demining assistance
program to include stockpiled conventional munitions
assistance.
Sec. 1093. Number of Navy carrier air wings and carrier air wing
headquarters.
Sec. 1094. Display of annual budget requirements for organizational
clothing and individual equipment.
Sec. 1095. National Rocket Propulsion Strategy.
Sec. 1096. Grants to certain regulated companies for specified energy
property not subject to normalization rules.
Sec. 1097. Unmanned aerial systems and national airspace.
Sec. 1098. Modification of dates of Comptroller General of the United
States review of executive agreement on joint medical
facility demonstration project, North Chicago and Great
Lakes, Illinois.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
Sec. 1101. Amendments to Department of Defense personnel authorities.
Sec. 1102. Provisions relating to the Department of Defense performance
management system.
Sec. 1103. Repeal of sunset provision relating to direct hire authority
at demonstration laboratories.
[[Page 1310]]
Sec. 1104. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum-age limit for certain
appointments.
Sec. 1108. Sense of Congress relating to pay parity for Federal
employees serving at certain remote military installations.
Sec. 1109. Federal internship programs.
Sec. 1110. Extension and expansion of experimental personnel program for
scientific and technical personnel.
Sec. 1111. Authority of the Secretaries of the military departments to
employ up to 10 persons without pay.
Sec. 1112. Two-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Subtitle B--Other Matters
Sec. 1121. Modification of beneficiary designation authorities for death
gratuity payable upon death of a United States Government
employee in service with the Armed Forces.
Sec. 1122. Authority for waiver of recovery of certain payments
previously made under civilian employees voluntary separation
incentive program.
Sec. 1123. Extension of continued health benefits.
Sec. 1124. Disclosure of senior mentors.
Sec. 1125. Termination of Joint Safety Climate Assessment System.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Commanders' Emergency Response Program in Afghanistan.
Sec. 1202. Three-year extension of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1203. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1205. Two-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1206. Support of foreign forces participating in operations to
disarm the Lord's Resistance Army.
Sec. 1207. Global Security Contingency Fund.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Extension and modification of logistical support for
coalition forces supporting operations in Iraq and
Afghanistan.
Sec. 1212. One-year extension of authority to transfer defense articles
and provide defense services to the military and security
forces of Iraq and Afghanistan.
Sec. 1213. One-year extension of authority for reimbursement of certain
coalition nations for support provided to United States
military operations.
Sec. 1214. Limitation on funds to establish permanent military
installations or bases in Iraq and Afghanistan.
Sec. 1215. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1216. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Two-year extension of certain reports on Afghanistan.
Sec. 1219. Limitation on availability of amounts for reintegration
activities in Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Sec. 1221. Benchmarks to evaluate the progress being made toward the
transition of security responsibilities for Afghanistan to
the Government of Afghanistan.
Subtitle C--Reports and Other Matters
Sec. 1231. Report on Coalition Support Fund reimbursements to the
Government of Pakistan for operations conducted in support of
Operation Enduring Freedom.
[[Page 1311]]
Sec. 1232. Review and report on Iran's and China's conventional and
anti-access capabilities.
Sec. 1233. Report on energy security of the NATO alliance.
Sec. 1234. Comptroller General of the United States report on the
National Guard State Partnership Program.
Sec. 1235. Man-portable air-defense systems originating from Libya.
Sec. 1236. Report on military and security developments involving the
Democratic People's Republic of Korea.
Sec. 1237. Sense of Congress on non-strategic nuclear weapons and
extended deterrence policy.
Sec. 1238. Annual report on military and security developments involving
the People's Republic of China.
Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet
Pilot Training program.
Sec. 1240. Report on Russian nuclear forces.
Sec. 1241. Report on progress of the African Union in operationalizing
the African Standby Force.
Sec. 1242. Defense cooperation with Republic of Georgia.
Sec. 1243. Prohibition on procurements from Communist Chinese military
companies.
Sec. 1244. Sharing of classified United States ballistic missile defense
information with the Russian Federation.
Sec. 1245. Imposition of sanctions with respect to the financial sector
of Iran.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Specification of cooperative threat reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for cooperative
biological engagement program.
Sec. 1304. Limitation on use of funds for establishment of centers of
excellence in countries outside of the former Soviet Union.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously
authorized disposals from the National Defense Stockpile.
Subtitle C--Other Matters
Sec. 1421. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1422. Authority for transfer of funds to Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
[[Page 1312]]
Subtitle C--Limitations and Other Matters
Sec. 1531. Joint Improvised Explosive Device Defeat Fund.
Sec. 1532. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1533. Availability of funds in Afghanistan Security Forces Fund.
Sec. 1534. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1535. Limitation on availability of funds for Trans Regional Web
Initiative.
Sec. 1536. Report on lessons learned from Department of Defense
participation on interagency teams for counterterrorism
operations in Afghanistan and Iraq.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2009 project.
Sec. 2106. Modification of authority to carry out certain fiscal year
2010 project.
Sec. 2107. Modification of authority to carry out certain fiscal year
2011 projects.
Sec. 2108. Additional authority to carry out certain fiscal year 2012
project.
Sec. 2109. Extension of authorizations of certain fiscal year 2008
projects.
Sec. 2110. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2111. Tour normalization.
Sec. 2112. Technical amendments to correct certain project
specifications.
Sec. 2113. Reduction of Army military construction authorization.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorization of certain fiscal year 2008
project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2207. Guam realignment.
Sec. 2208. Reduction of Navy military construction authorization.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorization to carry out certain fiscal
year 2010 project.
Sec. 2306. Extension of authorization of certain fiscal year 2009
project.
Sec. 2307. Reduction of Air Force military construction authorization.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Subtitle A--Defense Agency Authorizations
Sec. 2401. Authorized defense agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Subtitle B--Chemical Demilitarization Authorizations
Sec. 2411. Authorization of appropriations, chemical demilitarization
construction, defense-wide.
Subtitle C--Other Matters
Sec. 2421. Reduction of Defense Agencies military construction
authorization.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
[[Page 1313]]
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Subtitle A--Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B--Other Matters
Sec. 2611. Extension of authorization of certain fiscal year 2008
project.
Sec. 2612. Extension of authorizations of certain fiscal year 2009
projects.
Sec. 2613. Modification of authority to carry out certain fiscal year
2008 and 2009 projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense Base
Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2703. Authority to complete specific base closure and realignment
recommendations.
Sec. 2704. Special considerations related to transportation
infrastructure in consideration and selection of military
installations for closure or realignment.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Prohibition on use of any cost-plus system of contracting for
military construction and military family housing projects.
Sec. 2802. Modification of authority to carry out unspecified minor
military construction projects.
Sec. 2803. Protections for suppliers of labor and materials under
contracts for military construction projects and military
family housing projects.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. General military construction transfer authority.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of authority to use Pentagon Reservation
Maintenance Revolving Fund for minor construction and
alteration activities at Pentagon Reservation.
Sec. 2812. Reporting requirements related to the granting of easements.
Sec. 2813. Limitations on use or development of property in Clear Zone
Areas and clarification of authority to limit encroachments.
Sec. 2814. Department of Defense conservation and cultural activities.
Sec. 2815. Exchange of property at military installations.
Sec. 2816. Defense access road program enhancements to address
transportation infrastructure in vicinity of military
installations.
Subtitle C--Energy Security
Sec. 2821. Consolidation of definitions used in energy security chapter.
Sec. 2822. Consideration of energy security in developing energy
projects on military installations using renewable energy
sources.
Sec. 2823. Establishment of interim objective for Department of Defense
2025 renewable energy goal.
Sec. 2824. Use of centralized purchasing agents for renewable energy
certificates to reduce cost of facility energy projects using
renewable energy sources and improve efficiencies.
Sec. 2825. Identification of energy-efficient products for use in
construction, repair, or renovation of Department of Defense
facilities.
Sec. 2826. Submission of annual Department of Defense energy management
reports.
Sec. 2827. Requirement for Department of Defense to capture and track
data generated in metering Department facilities.
[[Page 1314]]
Sec. 2828. Metering of Navy piers to accurately measure energy
consumption.
Sec. 2829. Training policy for Department of Defense energy managers.
Sec. 2830. Report on energy-efficiency standards and prohibition on use
of funds for Leadership in Energy and Environmental Design
gold or platinum certification.
Subtitle D--Provisions Related to Guam Realignment
Sec. 2841. Certification of medical care coverage for H-2B temporary
workforce on military construction projects on Guam.
Sec. 2842. Repeal of condition on use of specific utility conveyance
authority regarding Guam integrated water and wastewater
treatment system.
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf
Richardson, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson,
Arkansas.
Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and
Ohana Nui areas, Hawaii.
Sec. 2854. Land exchange, Fort Bliss Texas.
Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah.
Subtitle F--Other Matters
Sec. 2861. Redesignation of Industrial College of the Armed Forces as
the Dwight D. Eisenhower School for National Security and
Resource Strategy.
Sec. 2862. Redesignation of Mike O'Callaghan Federal Hospital in Nevada
as Mike O'Callaghan Federal Medical Center.
Sec. 2863. Prohibition on naming Department of Defense real property
after a Member of Congress.
Sec. 2864. Notifications of reductions in number of members of the Armed
Forces assigned to permanent duty at a military installation.
Sec. 2865. Investment plan for the modernization of public shipyards
under jurisdiction of Department of the Navy.
Sec. 2866. Report on the Homeowners Assistance Program.
Sec. 2867. Data servers and centers.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Limitation on availability of funds for establishment of
centers of excellence on nuclear security outside of the
former Soviet Union.
Sec. 3112. Aircraft procurement.
Sec. 3113. Hanford waste tank cleanup program reforms.
Sec. 3114. Recognition and status of National Atomic Testing Museum.
Subtitle C--Reports
Sec. 3121. Repeal of certain report requirements.
Sec. 3122. Progress on nuclear nonproliferation.
Sec. 3123. Reports on role of nuclear security complex sites and
potential efficiencies.
Sec. 3124. Net assessment of high-performance computing capabilities of
foreign countries.
Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear
reactor technology.
Subtitle D--Other Matters
Sec. 3131. Sense of Congress on the use of savings from excess amounts
for certain pension plan contributions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
[[Page 1315]]
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2012.
Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force
vessels.
Sec. 3503. Recruitment authority.
Sec. 3504. Ship scrapping reporting requirement.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--SBIR AND STTR REAUTHORIZATION
TITLE L--SHORT TITLE; DEFINITIONS
Sec. 5001. Short title.
Sec. 5002. Definitions.
TITLE LI--SBIR AND STTR REAUTHORIZATION
Subtitle A--Reauthorization of the SBIR and STTR Programs
Sec. 5101. Extension of termination dates.
Sec. 5102. SBIR and STTR allocation increase.
Sec. 5103. SBIR and STTR award levels.
Sec. 5104. Agency and program flexibility.
Sec. 5105. Elimination of Phase II invitations.
Sec. 5106. Pilot to allow phase flexibility.
Sec. 5107. Participation by firms with substantial investment from
multiple venture capital operating companies, hedge funds, or
private equity firms in a portion of the SBIR program.
Sec. 5108. SBIR and STTR special acquisition preference.
Sec. 5109. Collaborating with Federal laboratories and research and
development centers.
Sec. 5110. Notice requirement.
Sec. 5111. Additional SBIR and STTR awards.
Subtitle B--Outreach and Commercialization Initiatives
Sec. 5121. Technical assistance for awardees.
Sec. 5122. Commercialization Readiness Program at Department of Defense.
Sec. 5123. Commercialization Readiness Pilot Program for civilian
agencies.
Sec. 5124. Interagency Policy Committee.
Sec. 5125. Clarifying the definition of ``Phase III''.
Sec. 5126. Shortened period for final decisions on proposals and
applications.
Sec. 5127. Phase 0 Proof of Concept Partnership pilot program.
[[Page 1316]]
Subtitle C--Oversight and Evaluation
Sec. 5131. Streamlining annual evaluation requirements.
Sec. 5132. Data collection from agencies for SBIR.
Sec. 5133. Data collection from agencies for STTR.
Sec. 5134. Public database.
Sec. 5135. Government database.
Sec. 5136. Accuracy in funding base calculations.
Sec. 5137. Continued evaluation by the National Academy of Sciences.
Sec. 5138. Technology insertion reporting requirements.
Sec. 5139. Intellectual property protections.
Sec. 5140. Obtaining consent from SBIR and STTR applicants to release
contact information to economic development organizations.
Sec. 5141. Pilot to allow funding for administrative, oversight, and
contract processing costs.
Sec. 5142. GAO study with respect to venture capital operating company,
hedge fund, and private equity firm involvement.
Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud,
waste, and abuse.
Sec. 5144. Simplified paperwork requirements.
Subtitle D--Policy Directives
Sec. 5151. Conforming amendments to the SBIR and the STTR Policy
Directives.
Subtitle E--Other Provisions
Sec. 5161. Report on SBIR and STTR program goals.
Sec. 5162. Competitive selection procedures for SBIR and STTR programs.
Sec. 5163. Loan restrictions.
Sec. 5164. Limitation on pilot programs.
Sec. 5165. Commercialization success.
Sec. 5166. Publication of certain information.
Sec. 5167. Report on enhancement of manufacturing activities.
Sec. 5168. Coordination of the SBIR program and the Experimental Program
to Stimulate Competitive Research.
SEC. 3. <> CONGRESSIONAL DEFENSE
COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/
HH-60M helicopters and Navy MH-60R/MH-60S helicopters.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for mission avionics and
common cockpits for Navy MH-60R/S helicopters.
Sec. 122. Separate procurement line item for certain Littoral Combat
Ship mission modules.
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance
and sustainability plans for the Littoral Combat Ship
program.
Sec. 124. Extension of Ford-class aircraft carrier construction
authority.
Subtitle D--Air Force Programs
Sec. 131. Strategic airlift aircraft force structure.
Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft.
[[Page 1317]]
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Availability of fiscal year 2011 funds for research and
development relating to the B-2 bomber aircraft.
Sec. 135. Availability of fiscal year 2011 funds to support alternative
options for extremely high frequency terminal Increment 1
program of record.
Sec. 136. Procurement of advanced extremely high frequency satellites.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Limitation on availability of funds for acquisition of joint
tactical radio system.
Sec. 142. Limitation on availability of funds for Aviation Foreign
Internal Defense program.
Sec. 143. F-35 Joint Strike Fighter aircraft.
Sec. 144. Additional oversight requirements for the undersea mobility
acquisition program of the United States Special Operations
Command.
Sec. 145. Inclusion of information on approved Combat Mission
Requirements in quarterly reports on use of Combat Mission
Requirement funds.
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-
engining program.
Sec. 147. Authority for exchange with United Kingdom of specified F-35
Lightning II Joint Strike Fighter aircraft.
Sec. 148. Report on probationary period in development of short take-
off, vertical landing variant of the Joint Strike Fighter.
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform
Act of 2009 measures within the Joint Strike Fighter aircraft
program.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table in
section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATION ON PROCUREMENT OF STRYKER COMBAT VEHICLES.
(a) Limitation.--Except as provided by subsection (b), of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2012 for weapons and tracked combat vehicles, Army, the
Secretary of the Army may not procure more than 100 Stryker combat
vehicles.
(b) Waiver.--The <> Secretary of the Army may
waive the limitation under subsection (a) if the Secretary submits to
the congressional defense committees written certification by the
Assistant Secretary of the Army for Acquisition, Technology, and
Logistics that--
(1) there are validated needs of the Army requiring the
waiver;
(2) all Stryker combat vehicles required to fully equip the
nine Stryker brigades and to meet other validated requirements
regarding the vehicle have been procured or placed on contract
for procurement;
(3) the size of the Stryker combat vehicle fleet not
assigned directly to Stryker brigade combat teams is essential
to maintaining the readiness of Stryker brigade combat teams;
and
[[Page 1318]]
(4) with respect to the Stryker combat vehicles planned to
be procured pursuant to the waiver, cost estimates are complete
for the long-term sustainment of the vehicles.
SEC. 112. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.
(a) In General.--Upon determining to retire a C-23 aircraft for
which there has been no previously agreed upon transfer of title for
such aircraft as of the date of the enactment of this Act, the Secretary
of the Army shall first offer title to such aircraft to the chief
executive officer of the State in which such aircraft is based.
(b) Transfer Upon Acceptance of Offer.--If the chief executive
officer of a State accepts title of an aircraft under subsection (a),
the Secretary shall transfer title of the aircraft to the State without
charge to the State. The Secretary shall provide a reasonable amount of
time for acceptance of the offer.
(c) Sustainment.--Immediately upon transfer of title to an aircraft
to the State under this section, the State shall assume all costs
associated with operating, maintaining, sustaining, and modernizing the
aircraft.
(d) Airlift Study and Report.--
(1) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force, in
consultation with the Secretary of the Army, the Director of the
National Guard Bureau, each supported commander of a combatant
command, and the Administrator of the Federal Emergency
Management Agency, shall conduct a study to determine the number
of fixed-wing and rotary-wing aircraft required to support the
following titles 10 and 32, United States Code, missions at low,
medium, moderate, high, and very-high levels of operational
risk:
(A) Homeland defense.
(B) Time sensitive, direct support to forces
consisting of the regular component of the Army and the
National Guard.
(C) Disaster response.
(D) Humanitarian assistance.
(2) Report.--The Secretary shall submit to the congressional
defense committees a report containing the study under paragraph
(1).
(e) GAO Sufficiency Review.--
(1) Review.--The Comptroller General of the United States
shall conduct a sufficiency review of the study under subsection
(d)(1).
(2) Report.--The Comptroller General shall submit to the
congressional defense committees a report containing the review
under paragraph (1).
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY
UH-60M/HH-60M HELICOPTERS AND NAVY MH-60R/
MH-60S HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Army may enter
into one or more multiyear contracts, beginning with the fiscal year
2012 program year, for the procurement of airframes for UH-60M/HH-60M
helicopters and, acting as the executive agent for the Department of the
Navy, for the procurement of airframes for MH-60R/S helicopters.
[[Page 1319]]
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2012 is subject to the availability of appropriations
for that purpose for such later fiscal year.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND
COMMON COCKPITS FOR NAVY MH-60R/S
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to section 2306b
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts, beginning with the fiscal year
2012 program year, for the procurement of mission avionics and common
cockpits for MH-60R/S helicopters.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2012 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 122. <> SEPARATE PROCUREMENT LINE
ITEM FOR CERTAIN LITTORAL COMBAT SHIP
MISSION MODULES.
(a) In General.--In the budget materials submitted to the President
by the Secretary of Defense in connection with the submission to
Congress, pursuant to section 1105 of title 31, United States Code, of
the budget for fiscal year 2013, and each subsequent fiscal year, the
Secretary shall ensure that a separate, dedicated procurement line item
is designated for each covered module that includes the quantity and
cost of each such module requested.
(b) Form.--The <> Secretary shall
ensure that any classified components of covered modules not included in
a procurement line item under subsection (a) shall be included in a
classified annex.
(c) Covered Module.--In <> this section, the term
``covered module'' means, with respect to mission modules of the
Littoral Combat Ship, the following modules:
(1) Surface warfare.
(2) Mine countermeasures.
(3) Anti-submarine warfare.
SEC. 123. LIFE-CYCLE COST-BENEFIT ANALYSIS ON ALTERNATIVE
MAINTENANCE AND SUSTAINABILITY PLANS FOR
THE LITTORAL COMBAT SHIP PROGRAM.
(a) Cost-benefit Analysis.--The Secretary of the Navy shall conduct
a life-cycle cost-benefit analysis, in accordance with the Office of
Management and Budget Circular A-94, comparing alternative maintenance
and sustainability plans for the Littoral Combat Ship program.
(b) Report.--At the same time that the budget of the President is
submitted to Congress under section 1105(a) of title 31, United States
Code, for fiscal year 2013, the Secretary of the Navy shall submit to
the congressional defense committees a report on the cost-benefit
analysis conducted under subsection (a).
[[Page 1320]]
SEC. 124. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUCTION
AUTHORITY.
Section 121(a) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104) is amended by
striking ``three fiscal years'' and inserting ``four fiscal years''.
Subtitle D--Air Force Programs
SEC. 131. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.
Section 8062(g)(1) of title 10, United States Code, is amended--
(1) by striking ``October 1, 2009'' and inserting ``October
1, 2011''; and
(2) by striking ``316 aircraft'' and inserting ``301
aircraft''.
SEC. 132. LIMITATIONS ON USE OF FUNDS TO RETIRE B-1 BOMBER
AIRCRAFT.
(a) In General.--None of the funds authorized to be appropriated by
this Act for fiscal year 2012 for the Department of Defense may be
obligated or expended to retire any B-1 bomber aircraft on or before the
date on which the Secretary of the Air Force submits to the
congressional defense committees the plan described in subsection (b).
(b) Plan Described.--The plan described in this subsection is a plan
for retiring B-1 bomber aircraft that includes the following:
(1) An identification of each B-1 bomber aircraft that will
be retired and the disposition plan for such aircraft.
(2) An estimate of the savings that will result from the
proposed retirement of B-1 bomber aircraft in each calendar year
through calendar year 2022.
(3) An estimate of the amount of the savings described in
paragraph (2) that will be reinvested in the modernization of B-
1 bomber aircraft still in service in each calendar year through
calendar year 2022.
(4) A modernization plan for sustaining the remaining B-1
bomber aircraft through at least calendar year 2022.
(5) An estimate of the amount of funding required to fully
fund the modernization plan described in paragraph (4) for each
calendar year through calendar year 2022.
(c) Post-plan B-1 Retirement.--
(1) In general.--During the period described by paragraph
(4), the Secretary of the Air Force shall maintain in a common
capability configuration not less than 36 B-1 aircraft as
combat-coded aircraft.
(2) FY 2014 and thereafter.--After the period described in
paragraph (4), the Secretary shall maintain not less than--
(A) 35 B-1 aircraft as combat-coded aircraft in a
common capability configuration until September 30,
2014;
(B) 34 such aircraft as combat-coded aircraft in a
common capability configuration until September 30,
2015; and
(C) 33 such aircraft as combat-coded aircraft in a
common capability configuration until September 30,
2016.
(3) Total amount of retired b-1 aircraft.--The Secretary may
not retire more than a total of six B-1 aircraft,
[[Page 1321]]
including the B-1 aircraft retired in accordance with this
subsection.
(4) Period described.--The period described in this
paragraph is the period beginning on the date on which the plan
described in subsection (b) is submitted to the congressional
defense committees and ending on September 30, 2013.
(5) Combat-coded aircraft defined.--In this subsection, the
term ``combat-coded aircraft'' means aircraft assigned to meet
the primary aircraft authorization to a unit for the performance
of its wartime mission.
SEC. 133. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
(a) <> Limitation.--The Secretary of the Air
Force may take no action that would prevent the Air Force from
maintaining the U-2 aircraft fleet in its current configuration and
capability beyond fiscal year 2016 until--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics certifies in writing to the
appropriate committees of Congress that the operating and
sustainment (O&S) costs for the Global Hawk unmanned aerial
vehicle (UAV) are less than the operating and sustainment costs
for the U-2 aircraft on a comparable flight-hour cost basis; and
(2) the Chairman of the Joint Requirements Oversight Council
certifies in writing to the appropriate committees of Congress
that the capability to be fielded at the same time or before the
U-2 aircraft retirement would result in equal or greater
capability available to the commanders of the combatant
commands.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 134. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND
DEVELOPMENT RELATING TO THE B-2 BOMBER
AIRCRAFT.
Of the unobligated balance of amounts appropriated for fiscal year
2011 for the Air Force and available for procurement of B-2 bomber
aircraft modifications, post-production support, and other charges,
$20,000,000 may be available for fiscal year 2012 for research,
development, test, and evaluation with respect to a conventional mixed
load capability for the B-2 bomber aircraft.
SEC. 135. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT
ALTERNATIVE OPTIONS FOR EXTREMELY HIGH
FREQUENCY TERMINAL INCREMENT 1 PROGRAM OF
RECORD.
(a) In General.--Of the unobligated balance of amounts appropriated
for fiscal year 2011 for the Air Force and available for procurement of
B-2 bomber aircraft modifications, post-production support, and other
charges, $15,000,000 may be available to support alternative options for
the extremely high frequency terminal Increment 1 program of record.
(b) Plan <> To Secure Protected Communications.--
Not later than 90 days after the date of the enactment of this Act, the
[[Page 1322]]
Secretary of the Air Force shall submit to the congressional defense
committees a plan to provide an extremely high frequency terminal for
secure protected communications for the B-2 bomber aircraft and other
aircraft.
SEC. 136. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY
SATELLITES.
(a) Contract Authority.--
(1) In general.--The Secretary of the Air Force may procure
two advanced extremely high frequency satellites by entering
into a fixed-price contract. Such procurement may also include--
(A) material and equipment in economic order
quantities when cost savings are achievable; and
(B) cost reduction initiatives.
(2) Use of incremental funding.--With respect to a contract
entered into under paragraph (1) for the procurement of advanced
extremely high frequency satellites, the Secretary may use
incremental funding for a period not to exceed six fiscal years.
(3) Liability.--A contract entered into under paragraph (1)
shall provide that any obligation of the United States to make a
payment under the contract is subject to the availability of
appropriations for that purpose, and that the total liability to
the Government for termination of any contract entered into
shall be limited to the total amount of funding obligated at the
time of termination.
(b) Limitation of Costs.--
(1) Limitation.--Except as provided by subsection (c), and
excluding amounts described in paragraph (2), the total amount
obligated or expended for the procurement of two advanced
extremely high frequency satellites authorized by subsection (a)
may not exceed $3,100,000,000.
(2) Exclusion.--The amounts described in this paragraph are
amounts associated with the following:
(A) Plans.
(B) Technical data packages.
(C) Post-delivery and program support costs.
(D) Technical support for obsolescence studies.
(c) Waiver and Adjustment to Limitation Amount.--
(1) Waiver.--In <> accordance with
paragraph (2), the Secretary may waive the limitation in
subsection (b)(1) if the Secretary submits to the congressional
defense committees written notification of the adjustment made
to the amount set forth in such subsection.
(2) Adjustment.--Upon waiving the limitation under paragraph
(1), the Secretary may adjust the amount set forth in subsection
(b)(1) by the following:
(A) The amounts of increases or decreases in costs
attributable to economic inflation after September 30,
2011.
(B) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal,
State, or local laws enacted after September 30, 2011.
(C) The amounts of increases or decreases in costs
of the satellites that are attributable to insertion of
new technology into an advanced extremely high frequency
satellite, as compared to the technology built into such
a
[[Page 1323]]
satellite procured prior to fiscal year 2012, if the
Secretary determines, and certifies to the congressional
defense committees, that insertion of the new technology
is--
(i) expected to decrease the life-cycle cost
of the satellite; or
(ii) required to meet an emerging threat that
poses grave harm to national security.
(d) Use of Funds Available for Space Vehicle Number 5 for Space
Vehicle Number 6.--The Secretary may obligate and expend amounts
authorized to be appropriated for fiscal year 2012 by section 101 for
procurement for the Air Force as specified in the funding table in
section 4101 and available for the advanced procurement of long-lead
parts and the replacement of obsolete parts for advanced extremely high
frequency satellite space vehicle number 5 for the advanced procurement
of long-lead parts and the replacement of obsolete parts for advanced
extremely high frequency satellite space vehicle number 6.
(e) Report.--Not later than 30 days after the date on which the
Secretary awards a contract under subsection (a), the Secretary shall
submit to the congressional defense committees a report on such
contract, including the following:
(1) The total cost savings resulting from the authority
provided by subsection (a).
(2) The type and duration of the contract awarded.
(3) The total contract value.
(4) The funding profile by year.
(5) The terms of the contract regarding the treatment of
changes by the Federal Government to the requirements of the
contract, including how any such changes may affect the success
of the contract.
(6) A plan for using cost savings described in paragraph (1)
to improve the capability of military satellite communications,
including a description of--
(A) the available funds, by year, resulting from
such cost savings;
(B) the specific activities or subprograms to be
funded by such cost savings and the funds, by year,
allocated to each such activity or subprogram;
(C) the objectives for each such activity or
subprogram and the criteria used by the Secretary to
determine which such activity or subprogram to fund;
(D) the method in which such activities or
subprograms will be awarded, including whether it will
be on a competitive basis; and
(E) the process for determining how and when such
activities and subprograms would transition to an
existing program or be established as a new program of
record.
(f) Sense of Congress.--It is the sense of Congress that the
Secretary should not enter into a fixed-price contract under subsection
(a) for the procurement of two advanced extremely high frequency
satellites unless the Secretary determines that entering into such a
contract will save the Air Force not less than 20 percent over the cost
of procuring two such satellites separately.
[[Page 1324]]
Subtitle E--Joint and Multiservice Matters
SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OF
JOINT TACTICAL RADIO SYSTEM.
(a) Limitation.--Of <> the funds authorized to
be appropriated by this Act or otherwise made available for fiscal year
2012 for other procurement, Army, for covered programs of the joint
tactical radio system, not more than 70 percent may be obligated or
expended until the date on which the Secretary of the Army submits to
the congressional defense committees written certification that the
acquisition strategy for the full-rate production of covered programs of
such radio system includes full and open competition (as defined in
section 2302(3)(D) of title 10, United States Code) that includes
commercially developed systems that the Secretary determines are
qualified with respect to successful testing by the Army and
certification by the National Security Agency.
(b) LRIP.--The limitation under subsection (a) shall not apply to
the low-rate initial production of covered programs.
(c) Covered Programs.--In <> this section, the
term ``covered programs'' means, with respect to the joint tactical
radio system, the following:
(1) The ground mobile radio.
(2) The handheld, manpack, and small form fit.
SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AVIATION FOREIGN
INTERNAL DEFENSE PROGRAM.
(a) Limitation.--Of <> the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2012 for the procurement of fixed-wing non-standard aviation
aircraft in support of the aviation foreign internal defense program,
not more than 50 percent may be obligated or expended until the date
that is 30 days after the date on which the Commander of the United
States Special Operations Command submits the report under subsection
(b)(1).
(b) Report Required.--
(1) Report.--Not later than March 15, 2012, the Commander of
the United States Special Operations Command shall submit to the
congressional defense committees a report on the aviation
foreign internal defense program.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An overall description of the program, including
its goals and proposed metrics of performance success.
(B) The results of any analysis of alternatives and
efficiencies reviews for contracts awarded for the
aviation foreign internal defense program.
(C) An assessment of the advantages and
disadvantages of procuring new aircraft, procuring used
aircraft, or leasing aircraft to meet mission
requirements, including an explanation of any
efficiencies and savings.
(D) A comprehensive strategy outlining and
justifying the overall projected growth of the aviation
foreign internal defense program to satisfy the
increased requirements of the commanders of the
geographic combatant commands.
[[Page 1325]]
(E) An examination of efficiencies that could be
gained by procuring platforms such as those being
procured for light mobility aircraft.
(3) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 143. F-35 JOINT STRIKE FIGHTER AIRCRAFT.
In entering into a contract for the procurement of aircraft for the
sixth and all subsequent low-rate initial production contract lots for
the F-35 Lightning II Joint Strike Fighter aircraft, the Secretary of
Defense shall ensure each of the following:
(1) That the contract is a fixed-price contract.
(2) That the contract requires the contractor to assume full
responsibility for costs under the contract above the target
cost specified in the contract.
SEC. 144. ADDITIONAL OVERSIGHT REQUIREMENTS FOR THE UNDERSEA
MOBILITY ACQUISITION PROGRAM OF THE UNITED
STATES SPECIAL OPERATIONS COMMAND.
(a) Limitation on Milestone B Decision.--The <> Commander of the United States Special Operations Command may
not make any milestone B acquisition decisions with respect to a covered
element until a 30-day period has elapsed after the date on which the
Under Secretary of Defense for Acquisition, Technology, and Logistics--
(1) conducts the assessment and determination under
subsection (b) for the covered element; and
(2) submits to the congressional defense committees a report
including--
(A) the determination of the Under Secretary with
respect to the appropriate acquisition category for the
covered element; and
(B) the validated requirements, independent cost
estimate, test and evaluation master plan, and
technology readiness assessment described in paragraphs
(1) through (4) of subsection (b), respectively.
(b) Assessment and Determination.--With respect to each covered
element, the Under Secretary shall conduct an assessment and
determination of whether to treat the covered element as a major defense
acquisition program. Such assessment shall include--
(1) a requirements validation by the Joint Requirements
Oversight Council;
(2) an independent cost estimate prepared by the Director of
Cost Assessment and Program Evaluation;
(3) a test and evaluation master plan reviewed by the
Director of Operational Test and Evaluation; and
(4) a technology readiness assessment reviewed by the
Assistant Secretary of Defense for Research and Engineering.
(c) Covered Element Defined.--In this section, the term ``covered
element'' means any of the following elements of the undersea mobility
acquisition program of the United States Special Operations Command:
(1) The dry combat submersible-light program.
(2) The dry combat submersible-medium program.
(3) The next-generation submarine shelter program.
(4) Any new dry combat submersible developed under the
undersea mobility acquisition program of the United States
[[Page 1326]]
Special Operations Command after the date of the enactment of
this Act.
SEC. 145. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION
REQUIREMENTS IN QUARTERLY REPORTS ON USE
OF COMBAT MISSION REQUIREMENT FUNDS.
Section 123(b) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4159; 10 U.S.C. 167
note) is amended by adding at the end the following new paragraphs:
``(6) A table setting forth the Combat Mission Requirements
approved during the fiscal year in which such report is
submitted and the two preceding fiscal years, including for each
such Requirement--
``(A) the title of such Requirement;
``(B) the date of approval of such Requirement; and
``(C) the amount of funding approved for such
Requirement, and the source of such approved funds.
``(7) A statement of the amount of any unspent Combat
Mission Requirements funds from the fiscal year in which such
report is submitted and the two preceding fiscal years.''.
SEC. 146. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT
RE-ENGINING PROGRAM.
(a) Report on Audit of Funds for Program.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Air Force Audit Agency shall
submit to the congressional defense committees the results of a
financial audit of the funds previously authorized and
appropriated for the Joint Surveillance Target Attack Radar
System (JSTARS) aircraft re-engining program.
(2) Elements.--The report on the audit required by paragraph
(1) shall include the following:
(A) A description of how the funds described in that
paragraph were expended, including--
(i) an assessment of the existence,
completeness, and cost of the assets acquired with
such funds; and
(ii) an assessment of the costs that were
capitalized as military equipment and inventory
and the cost characterized as operating expenses
(including payroll, freight and shipment,
inspection, and other operating costs).
(B) A statement of the amount of such funds that
remain in the original budget lines.
(C) A statement of the amount of such funds that
were reprogrammed or expired, and in which accounts.
(b) Use of Funds.--The Secretary of the Air Force shall take
appropriate actions to ensure that funds authorized to be appropriated
by this Act for JSTARS aircraft, and any funds described by subsection
(a)(2)(B), are obligated and expended for the purposes for which
authorized and appropriated, including, but not limited to, the
installation of one engine shipset on an operational JSTARS aircraft.
SEC. 147. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED
F-35 LIGHTNING II JOINT STRIKE FIGHTER
AIRCRAFT.
(a) Authority.--
[[Page 1327]]
(1) Exchange authority.--In accordance with subsection (c),
the Secretary of Defense may transfer to the United Kingdom of
Great Britain and Northern Ireland (in this section referred to
as the ``United Kingdom'') all right, title, and interest of the
United States in and to an aircraft described in paragraph (2)
in exchange for the transfer by the United Kingdom to the United
States of all right, title, and interest of the United Kingdom
in and to an aircraft described in paragraph (3). The Secretary
may execute the exchange under this section on behalf of the
United States only with the concurrence of the Secretary of
State.
(2) Aircraft to be exchanged by united states.--The aircraft
authorized to be transferred by the United States under this
subsection is an F-35 Lightning II aircraft in the Carrier
Variant configuration acquired by the United States for the
Marine Corps under a future Joint Strike Fighter program
contract referred to as the Low-Rate Initial Production 6
contract.
(3) Aircraft to be exchanged by united kingdom.--The
aircraft for which the exchange under paragraph (1) may be made
is an F-35 Lightning II aircraft in the Short-Take Off and
Vertical Landing configuration that, as of November 19, 2010, is
being acquired on behalf of the United Kingdom under an existing
Joint Strike Fighter program contract referred to as the Low-
Rate Initial Production 4 contract.
(b) Funding for Production of Aircraft.--
(1) Funding sources for aircraft to be exchanged by united
states.--
(A) In general.--Except as provided in subparagraph
(B), funds for production of the aircraft to be
transferred by the United States (including the
propulsion system, long lead-time materials, the
production build, and deficiency corrections) may be
derived from appropriations for Aircraft Procurement,
Navy, for the aircraft under the contract referred to in
subsection (a)(2).
(B) Exception.--Costs for flight test
instrumentation of the aircraft to be transferred by the
United States and any other non-recurring and recurring
costs for that aircraft associated with unique
requirements of the United Kingdom may not be borne by
the United States.
(2) Funding sources for aircraft to be exchanged by united
kingdom.--Costs for upgrades and modifications of the aircraft
to be transferred to the United States that are necessary to
bring that aircraft to the Low-Rate Initial Production 6
configuration under the contract referred to in subsection
(a)(2) may not be borne by the United States.
(c) Implementation.--The exchange under this section shall be
implemented pursuant to the memorandum of understanding titled ``Joint
Strike Fighter Production, Sustainment, and Follow-on Development
Memorandum of Understanding'', which entered into effect among nine
nations including the United States and the United Kingdom on December
31, 2006, consistent with section 27 of the Arms Export Control Act (22
U.S.C. 2767), and as supplemented as necessary by the United States and
the United Kingdom.
[[Page 1328]]
SEC. 148. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF SHORT
TAKE-OFF, VERTICAL LANDING VARIANT OF THE
JOINT STRIKE FIGHTER.
Not later than 45 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report on the development of the short take-off, vertical
landing variant of the Joint Strike Fighter (otherwise known as the F-
35B Joint Strike Fighter) that includes the following:
(1) An identification of the criteria that the Secretary
determines must be satisfied before the F-35B Joint Strike
Fighter can be removed from the two-year probationary status
imposed by the Secretary on or about January 6, 2011.
(2) A mid-probationary period assessment of--
(A) the performance of the F-35B Joint Strike
Fighter based on the criteria described in paragraph
(1); and
(B) the technical issues that remain in the
development program for the F-35B Joint Strike Fighter.
(3) A plan for how the Secretary intends to resolve the
issues described in paragraph (2)(B) before January 6, 2013.
SEC. 149. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION
REFORM ACT OF 2009 MEASURES WITHIN THE
JOINT STRIKE FIGHTER AIRCRAFT PROGRAM.
At the same time the budget of the President for fiscal year 2013 is
submitted to Congress pursuant to section 1105 of title 31, United
States Code, the Under Secretary for Acquisition, Technology, and
Logistics shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the plans of the Department
of Defense to implement the requirements of the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-23), and the amendments
made by that Act, within the Joint Strike Fighter (JSF) aircraft
program. The report shall set forth the following:
(1) Specific goals for implementing the requirements of the
Weapon Systems Acquisition Reform Act of 2009, and the
amendments made by that Act, within the Joint Strike Fighter
aircraft program.
(2) A schedule for achieving each goal set forth under
paragraph (1) for the Joint Strike Fighter aircraft program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Limitation on availability of funds for the ground combat
vehicle program.
Sec. 212. Limitation on the individual carbine program.
Sec. 213. Limitation on availability of funds for Future Unmanned
Carrier-based Strike System.
Sec. 214. Limitation on availability of funds for amphibious assault
vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the F-35 Lightning II
aircraft program.
Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber
aircraft extremely high frequency satellite communications
program.
[[Page 1329]]
Sec. 217. Limitation on availability of funds for the Joint Space
Operations Center management system.
Sec. 218. Limitation on availability of funds for wireless innovation
fund.
Sec. 219. Prohibition on delegation of budgeting authority for certain
research and educational programs.
Sec. 220. Designation of main propulsion turbomachinery of the next-
generation long-range strike bomber aircraft as major
subprogram.
Sec. 221. Designation of electromagnetic aircraft launch system
development and procurement program as major subprogram.
Sec. 222. Advanced rotorcraft flight research and development.
Sec. 223. Preservation and storage of certain property related to F136
propulsion system.
Subtitle C--Missile Defense Programs
Sec. 231. Acquisition accountability reports on the ballistic missile
defense system.
Sec. 232. Comptroller General review and assessment of missile defense
acquisition programs.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense program.
Sec. 235. Limitation on availability of funds for the medium extended
air defense system.
Sec. 236. Sense of Congress regarding ballistic missile defense
training.
Subtitle D--Reports
Sec. 241. Extension of requirements for biennial roadmap and annual
review and certification on funding for development of
hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class
replacement ballistic missile submarine.
Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC-46A aircraft
acquisition program.
Sec. 245. Independent review and assessment of cryptographic
modernization program.
Sec. 246. Report on increased budget items.
Subtitle E--Other Matters
Sec. 251. Repeal of requirement for Technology Transition Initiative.
Sec. 252. Contractor cost-sharing in pilot program to include technology
protection features during research and development of
certain defense systems.
Sec. 253. Extension of authority for mechanisms to provide funds for
defense laboratories for research and development of
technologies for military missions.
Sec. 254. National defense education program.
Sec. 255. Laboratory facilities, Hanover, New Hampshire.
Sec. 256. Sense of Congress on active matrix organic light emitting
diode technology.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Department of Defense for research, development,
test, and evaluation as specified in the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. LIMITATION ON AVAILABILITY OF FUNDS FOR THE GROUND
COMBAT VEHICLE PROGRAM.
Of <> the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2012 for research, development, test, and evaluation, Army, for the
ground combat vehicle
[[Page 1330]]
program, not more than 80 percent may be obligated or expended until the
date on which the Secretary of the Army submits to the congressional
defense committees a report containing--
(1) the plans of the Secretary to carry out--
(A) a dynamic analysis of alternatives update
described in the acquisition decision memorandum issued
by the Under Secretary of Defense for Acquisition,
Technology, and Logistics on August 17, 2011; and
(B) a separate assessment of selected non-
developmental vehicles described in such memorandum; and
(2) a description of the resources the Secretary considers
necessary to carry out the plans under paragraph (1), including
the amount of funding required in fiscal years 2012 and 2013.
SEC. 212. LIMITATION ON THE INDIVIDUAL CARBINE PROGRAM.
(a) <> Limitation.--
Notwithstanding any other provision of law, and except as provided by
subsection (b), the individual carbine program may not receive Milestone
C approval (as defined in section 2366(e)(8) of title 10, United States
Code) until the date on which the Secretary of the Army submits to the
congressional defense committees a business case assessment of such
program, including, at a minimum, comparisons of the capabilities and
costs of--
(1) commercially available weapon systems as of the date of
the assessment, including complete weapon systems and kits to
apply to existing weapon systems; and
(2) weapon systems that are fielded as of the date of the
assessment that include any required improvements.
(b) Waiver Authority.--The <> Secretary of
Defense may waive the limitation under subsection (a) if the Secretary
submits to the congressional defense committees written certification
that the waiver is in the national security interests of the United
States.
SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE UNMANNED
CARRIER-BASED STRIKE SYSTEM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2012 for research,
development, test, and evaluation, Navy, for the Future Unmanned
Carrier-based Strike System, not more than 75 percent may be obligated
or expended until the date that is 60 days after the date on which--
(1) <> the Chairman of the Joint
Requirements Oversight Council certifies to the congressional
defense committees that--
(A) such system is required to fill a validated
capability gap of the Department of Defense; and
(B) the Council has reviewed and approved the
initial capability and development document relating to
such system;
(2) <> the Assistant Secretary of the Navy
for Research, Development, and Acquisition submits to the
congressional defense committees a report containing--
(A) a delineation of threshold and objective key
performance parameters;
(B) a certification that the threshold and objective
key performance parameters for such system have been
established and are achievable; and
(C) a description of the requirements of such system
with respect to--
(i) weapons payload;
[[Page 1331]]
(ii) intelligence, reconnaissance, and
surveillance equipment;
(iii) electronic attack and electronic
protection equipment;
(iv) communications equipment;
(v) range;
(vi) mission endurance for un-refueled and
aerial refueled operations;
(vii) low-observability characteristics;
(viii) affordability;
(ix) survivability; and
(x) interoperability with other Navy and
joint-service unmanned aerial systems and mission
control stations; and
(3) <> the Under Secretary of Defense
for Acquisition, Technology, and Logistics certifies to the
congressional defense committees that--
(A) the Secretary of the Navy has completed a
comprehensive analysis of alternatives for such system;
(B) the acquisition strategy of the Secretary for
the technology development and initial fielding phases
of such system is achievable and presents medium, or
less, risk with respect to cost, schedule, funding, and
testing program;
(C) such acquisition strategy integrates a fair and
open competitive acquisition strategy environment for
all potential competitors;
(D) the data, information, and lessons learned from
the Unmanned Carrier-based Aircraft System of the Navy
are sufficiently integrated into the acquisition
strategy of the Future Unmanned Carrier-based Strike
System and that the level of concurrency between the
programs is prudent and reasonable;
(E) the Secretary has sufficient fiscal resources
budgeted in the future years defense plan and extended
planning period that supports the acquisition strategy
described in subparagraph (B); and
(F) the acquisition strategy--
(i) complies with the Weapon Systems
Acquisition Reform Act of 2009 (Public Law 111-
23), and the amendments made by that Act, and
Department of Defense Instruction 5000.02; and
(ii) requires the implementation of open
architecture standards.
(b) GAO <> Briefing.--Not later than 90 days after
the date on which the certifications and report under subsection (a) are
received by the congressional defense committees, the Comptroller
General of the United States shall brief the congressional defense
committees on an evaluation of the acquisition strategy of the Secretary
of the Navy for the Future Unmanned Carrier-based Strike System.
(c) Form.--The report required by subsection (a)(2) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AMPHIBIOUS
ASSAULT VEHICLES OF THE MARINE CORPS.
(a) Limitations.--
[[Page 1332]]
(1) Limitation on funding.--Except <> as provided by subsections (d) and (e), none of
the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2012 for procurement, Marine
Corps, or research, development, test, and evaluation, Navy, may
be obligated or expended for the amphibious programs described
in subsection (c) until the date on which the Secretary of the
Navy, in coordination with the Commandant of the Marine Corps,
submits to the congressional defense committees a report
containing--
(A) written certification of the requirements for
amphibious assault vehicles of the Marine Corps, based
on the needs of the commanders of the combatant
commands, relating to--
(i) the distance from the shore needed to
begin an amphibious assault;
(ii) the speed at which the vehicle must
travel in order to reach the shore in the time
required for such assault; and
(iii) the armor requirements for all potential
combat environments, including the possible use of
applique armor; and
(B) the analysis of alternatives conducted under
subsection (b)(1).
(2) Limitation on mpc milestone b.--
Milestone <> B approval may not be
granted for the Marine Personnel Carrier until 30 days after the
date on which the report under paragraph (1) is submitted to the
congressional defense committees.
(b) Analysis of Alternatives.--
(1) Analysis.--The Secretary of the Navy, in coordination
with the Commandant of the Marine Corps, shall conduct an
analysis of alternatives of the amphibious assault vehicles
described in paragraph (2). With respect to such vehicles, such
analysis shall include--
(A) comparisons of the capabilities and total
lifecycle ownership costs (including costs with respect
to research, development, test, and evaluation,
procurement, and operation and maintenance); and
(B) an independent review of the analysis of cost
prepared by a federally funded research and development
center.
(2) Amphibious assault vehicles described.--The amphibious
assault vehicles described in this paragraph are amphibious
assault vehicles that--
(A) meet the requirements described in subsection
(a)(1)(A), including--
(i) an upgraded assault amphibious vehicle
7A1;
(ii) the expeditionary fighting vehicle; and
(iii) a new amphibious combat vehicle; and
(B) include at least one vehicle that is capable of
accelerating until the vehicle moves along the top of
the water (commonly known as ``getting up on plane'')
and at least one vehicle that is not capable of such
acceleration.
(c) Amphibious Programs Described.--The amphibious programs
described in this subsection are the following:
(1) The assault amphibious vehicle 7A1, program element
206623M.
[[Page 1333]]
(2) The Marine Corps assault vehicle, program element
603611M.
(3) The termination of the expeditionary fighting vehicle
program.
(d) AAV7A1 Improvement Program.--The limitation in subsection (a)(1)
shall not apply to funds made available for procurement, Marine Corps,
for the procurement of--
(1) an assault amphibious vehicle 7A1 with--
(A) survivability upgrades under the survivability
product improvement program; or
(B) other necessary survivability capabilities that
are in response to urgent operational needs; or
(2) improvements to a previously procured assault amphibious
vehicle 7A1 that address safety of use, environmental
inhabitability, and operational availability.
(e) Marine Corps Assault Vehicle, Program Element 603611M.--The
limitation in subsection (a)(1) shall not apply to funds made available
for research, development, test, and evaluation, Navy, for the Marine
Corps assault vehicle, program element 603611M, to--
(1) conduct an analysis of alternatives and supporting
analytical activities; or
(2) conduct technology integration development and
engineering to--
(A) refine and validate requirements; and
(B) reduce cost, schedule, and technical risk prior
to the initiation of the amphibious combat vehicle
program.
(f) Assessment on Habitability.--Not <> later than
60 days after the date of the enactment of this Act, the Secretary of
the Navy shall submit to the congressional defense committees a
habitability assessment with respect to the period of time a member of
the Armed Forces can spend in the back of an amphibious assault vehicle
that is not ``up on plane'' while still remaining combat effective. Such
assessment shall cover a set of operationally relevant speeds and
ranges. The Secretary shall include the results and information from any
recently performed tests related to such assessment.
SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE F-35 LIGHTNING
II AIRCRAFT PROGRAM.
Of <> the funds authorized to
be appropriated by this Act or otherwise made available for fiscal year
2012 for research and development for the F-35 Lightning II aircraft
program, not more that 80 percent may be obligated or expended until the
date on which the Secretary of Defense certifies to the congressional
defense committees that the acquisition strategy for the F-35 Lightning
II aircraft includes a plan for achieving competition throughout
operation and sustainment, in accordance with section 202(d) of the
Weapon Systems Acquisition Reform Act of 2009 (Public Law 111-23; 10
U.S.C. 2430 note).
SEC. 216. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER
AIRCRAFT EXTREMELY HIGH FREQUENCY
SATELLITE COMMUNICATIONS PROGRAM.
Of <> the funds authorized to be appropriated
by section 201 for research, development, test, and evaluation for the
Air Force as specified in the funding table in section 4201 and
available for Increment 2 of the B-2 bomber aircraft extremely high
frequency
[[Page 1334]]
satellite communications program, not more than 40 percent may be
obligated or expended until the date that is 15 days after the date on
which the Secretary of the Air Force submits to the congressional
defense committees the following:
(1) <> The certification of the
Secretary that--
(A) the United States Government will own the data
rights to any extremely high frequency active
electronically steered array antenna developed for use
as part of a system to support extremely high frequency
protected satellite communications for the B-2 bomber
aircraft; and
(B) the use of an extremely high frequency active
electronically steered array antenna is the most cost
effective and lowest risk option available to support
extremely high frequency satellite communications for
the B-2 bomber aircraft.
(2) <> A detailed plan setting forth the
projected cost and schedule for research, development, and
testing on the extremely high frequency active electronically
steered array antenna.
SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT SPACE
OPERATIONS CENTER MANAGEMENT SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) improvements to the space situational awareness and
space command and control capabilities of the United States are
necessary; and
(2) the traditional defense acquisition process is not
optimal for developing the services-oriented architecture and
net-centric environment planned for the Joint Space Operations
Center management system.
(b) <> Limitation.--
None of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2012 for research, development, test, and
evaluation, Air Force, for release one of the Joint Space Operations
Center management system may be obligated or expended until the date on
which the Secretary of the Air Force and the Under Secretary of Defense
for Acquisition, Technology, and Logistics jointly submit to the
congressional defense committees the acquisition strategy for such
management system, including--
(1) a description of the acquisition policies and procedures
applicable to such management system; and
(2) a description of any additional acquisition authorities
necessary to ensure that such management system is able to
implement a services-oriented architecture and net-centric
environment for space situational awareness and space command
and control.
SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR WIRELESS
INNOVATION FUND.
Of <> the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2012 for the wireless innovation fund within the Defense Advanced
Research Projects Agency, not more than 10 percent may be obligated or
expended until the date that is 30 days after the date on which the
Under Secretary of Defense for Acquisition, Technology, and Logistics
submits to the congressional defense committees a report on how such
fund will be managed and executed, including--
[[Page 1335]]
(1) a concept of operation for how such fund will operate,
particularly with regards to supporting the interagency
community;
(2) a description of--
(A) the governance structure, including how
decision-making with interagency partners will be
conducted;
(B) the funding mechanism for interagency
collaborators;
(C) the metrics for measuring the performance and
effectiveness of the program; and
(D) the reporting mechanisms to provide oversight of
the fund by the Department of Defense, the interagency
partners, and Congress; and
(3) any other matters the Under Secretary considers
appropriate.
SEC. 219. PROHIBITION ON DELEGATION OF BUDGETING AUTHORITY FOR
CERTAIN RESEARCH AND EDUCATIONAL PROGRAMS.
(a) Prohibition on Delegation.--Subsection (a) of section 2362 of
title 10, United States Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(1) The Secretary of Defense''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense may not delegate or transfer to an
individual outside the Office of the Secretary of Defense the authority
regarding the programming or budgeting of the program established by
this section that is carried out by the Assistant Secretary of Defense
for Research and Engineering.''.
(b) Conforming Amendments.--Such section 2362 is amended further--
(1) in subsection (b), by striking ``established under
subsection (a)'' and inserting ``established by subsection
(a)(1)''; and
(2) in subsection (c), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)''.
SEC. 220. DESIGNATION OF MAIN PROPULSION TURBOMACHINERY OF THE
NEXT-GENERATION LONG-RANGE STRIKE BOMBER
AIRCRAFT AS MAJOR SUBPROGRAM.
(a) Designation as Major Subprogram.--Not <> later
than 30 days after the date on which the next-generation long-range
strike bomber aircraft receives Milestone A approval, the Secretary of
Defense shall designate the development and procurement of the main
propulsion turbomachinery of the next-generation long-range strike
bomber aircraft as a major subprogram of the next-generation long-range
strike bomber aircraft major defense acquisition program, in accordance
with section 2430a of title 10, United States Code.
(b) Competitive Acquisition Strategy.--The Secretary of the Air
Force shall develop an acquisition strategy for the major subprogram
designated in subsection (a) that is in accordance with subsections (a)
and (b) of section 202 of the Weapon Systems Acquisition Reform Act of
2009 (Public Law 111-23; 123 Stat. 1720; 10 U.S.C. 2430 note).
[[Page 1336]]
SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM
DEVELOPMENT AND PROCUREMENT PROGRAM AS
MAJOR SUBPROGRAM.
Not <> later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall designate the
electromagnetic aircraft launch development and procurement program as a
major subprogram of the CVN-78 Ford-class aircraft carrier major defense
acquisition program, in accordance with section 2430a of title 10,
United States Code. The Secretary may cease such designation after the
date on which the electromagnetic aircraft launch system is certified as
operationally effective and suitable by the Director of Operational Test
and Evaluation.
SEC. 222. <> ADVANCED ROTORCRAFT FLIGHT
RESEARCH AND DEVELOPMENT.
(a) Program Authorized.--The Secretary of the Army may conduct a
program for flight research and demonstration of advanced rotorcraft
technology.
(b) Goals and Objectives.--The goals and objectives of the program
authorized by subsection (a) are as follows:
(1) To flight demonstrate the ability of advanced rotorcraft
technology to expand the flight envelope and improve the speed,
range, payload, ceiling, survivability, reliability, and
affordability of current and future rotorcraft of the Department
of Defense.
(2) To mature advanced rotorcraft technology and obtain
flight-test data to--
(A) support the assessment of such technology for
future rotorcraft platform development programs of the
Department; and
(B) have the ability to add such technology to the
existing rotorcraft of the Department to extend the
capability and life of such rotorcraft until next-
generation platforms are fielded.
(c) Elements of Program.--The program authorized by subsection (a)
may include--
(1) integration and demonstration of advanced rotorcraft
technology to meet the goals and objectives described in
subsection (b); and
(2) flight demonstration of the advanced rotorcraft
technology test bed under the experimental airworthiness process
of the Federal Aviation Administration or other appropriate
airworthiness process approved by the Secretary of Defense.
(d) Competition.--In <> awarding a contract under
this section, the Secretary shall use competitive procedures in
accordance with the requirements of section 2304 of title 10, United
States Code, and shall consider a timely offer submitted by a small
business concern (as defined in section 2225(f)(3) of such title) in
accordance with the specifications and evaluation factors specified in
the solicitation.
SEC. 223. PRESERVATION AND STORAGE OF CERTAIN PROPERTY RELATED TO
F136 PROPULSION SYSTEM.
(a) Plan.--The Secretary of Defense shall develop a plan for the
disposition of property owned by the Federal Government that was
acquired under the F136 propulsion system development contract. The plan
shall--
[[Page 1337]]
(1) ensure that the Secretary preserves and stores, uses, or
disposes of such property in a manner that--
(A) provides for the long-term sustainment and
repair of such property pending the determination by the
Department of Defense that such property--
(i) can be used within the F-35 Lightning II
aircraft program, in other Government development
programs, or in other contractor-funded
development activities;
(ii) can be stored for use in future
Government development programs; or
(iii) should be disposed; and
(B) allows for such preservation and storage of
identified property to be conducted at either the
facilities of the Federal Government or a contractor
under such contract; and
(2) identify any contract modifications, additional
facilities, or funding that the Secretary determines necessary
to carry out the plan.
(b) Restriction on the Use of Funds.--None of the amounts authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2012 for research, development, test, and evaluation, Navy, or
research, development, test, and evaluation, Air Force, for the F-35
Lightning II aircraft program may be obligated or expended for
activities related to destroying or disposing of the property described
in subsection (a) until the date that is 30 days after the date on which
the report under subsection (c) is submitted to the congressional
defense committees.
(c) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the plan under subsection (a). That
report shall describe how the Secretary intends to obtain maximum
benefit to the Federal Government from the investment already made in
developing the F136.
Subtitle C--Missile Defense Programs
SEC. 231. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC
MISSILE DEFENSE SYSTEM.
(a) Baseline Required.--
(1) In general.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 224 the following new
section:
``Sec. 225. <> Acquisition accountability
reports on the ballistic missile defense system
``(a) Baselines Required.--(1) In accordance with paragraph (2), the
Director of the Missile Defense Agency shall establish and maintain an
acquisition baseline for--
``(A) each program element of the ballistic missile defense
system, as specified in section 223 of this title; and
``(B) each designated major subprogram of such program
elements.
``(2) The Director shall establish an acquisition baseline required
by paragraph (1) before the date on which the program element or major
subprogram enters--
[[Page 1338]]
``(A) engineering and manufacturing development (or its
equivalent); and
``(B) production and deployment.
``(3) Except as provided by subsection (d), the Director may not
adjust or revise an acquisition baseline established under this section.
``(b) Elements of Baselines.--Each acquisition baseline required by
subsection (a) for a program element or major subprogram shall include
the following:
``(1) A comprehensive schedule, including--
``(A) research and development milestones;
``(B) acquisition milestones, including design
reviews and key decision points;
``(C) key test events, including ground and flight
tests and ballistic missile defense system tests;
``(D) delivery and fielding schedules;
``(E) quantities of assets planned for acquisition
and delivery in total and by fiscal year; and
``(F) planned contract award dates.
``(2) A detailed technical description of--
``(A) the capability to be developed, including
hardware and software;
``(B) system requirements, including performance
requirements;
``(C) how the proposed capability satisfies a
capability identified by the commanders of the combatant
commands on a prioritized capabilities list;
``(D) key knowledge points that must be achieved to
permit continuation of the program and to inform
production and deployment decisions; and
``(E) how the Director plans to improve the
capability over time.
``(3) A cost estimate, including--
``(A) a life-cycle cost estimate that separately
identifies the costs regarding research and development,
procurement, military construction, operations and
sustainment, and disposal;
``(B) program acquisition unit costs for the program
element;
``(C) average procurement unit costs and program
acquisition costs for the program element; and
``(D) an identification of when the document
regarding the program joint cost analysis requirements
description is scheduled to be approved.
``(4) A test baseline summarizing the comprehensive test
program for the program element or major subprogram outlined in
the integrated master test plan.
``(c) Annual Reports on Acquisition Baselines.--(1) Not later than
February 15 of each year, the Director shall submit to the congressional
defense committees a report on the acquisition baselines required by
subsection (a).
``(2)(A) The first report under paragraph (1) shall set forth each
acquisition baseline required by subsection (a) for a program element or
major subprogram.
``(B) Each subsequent report under paragraph (1) shall include--
[[Page 1339]]
``(i) any new acquisition baselines required by subsection
(a) for a program element or major subprogram; and
``(ii) with respect to an acquisition baseline that was
previously included in a report under paragraph (1), an
identification of any changes or variances made to the elements
described in subsection (b) for such acquisition baseline, as
compared to--
``(I) the initial acquisition baseline for such
program element or major subprogram; and
``(II) the acquisition baseline for such program
element or major subprogram that was submitted in the
report during the previous year.
``(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
``(d) Exception to Limitation on Revision.--
The <> Director may adjust or revise an
acquisition baseline established under this section if the Director
submits to the congressional defense committees notification of--
``(1) a justification for such adjustment or revision;
``(2) the specific adjustments or revisions made to the
acquisition baseline, including to the elements described in
subsection (b); and
``(3) the effective date of the adjusted or revised
acquisition baseline.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``225. Acquisition accountability reports on the ballistic missile
defense system.''.
(b) <> Conforming Amendments.--
(1) Fiscal year 2011 ndaa.--Section 225 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4170; 10 U.S.C. 223 note) is repealed.
(2) Fiscal year 2008 ndaa.--Section 223 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 39; 10 U.S.C. 223 note) is amended by striking
subsection (g).
(3) Fiscal year 2003 ndaa.--Section 221 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 116 Stat. 2484; 10 U.S.C. 2431 note) is repealed.
SEC. 232. COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MISSILE
DEFENSE ACQUISITION PROGRAMS.
(a) Comptroller General Assessment.--
(1) In general.--The Comptroller General of the United
States shall review the annual reports submitted under section
225(c) of title 10, United States Code, as added by section 231
of this Act, that cover any of fiscal years 2012 through 2015
and assess the extent to which the Missile Defense Agency has
achieved its acquisition goals and objectives.
(2) Reports.--Not later than March 15, 2013, and each year
thereafter through 2016, the Comptroller General shall submit to
the congressional defense committees a report on the assessment
under paragraph (1) with respect to the acquisition baselines
for the preceding fiscal year. Each report shall include any
findings and recommendations on missile defense
[[Page 1340]]
acquisition programs and accountability therefore that the
Comptroller General considers appropriate.
(b) Annual Reports on Missile Defense Executive Board Activities.--
In each of the first three reports submitted under section 225(c) of
title 10, United States Code, as added by section 231 of this Act, the
Director shall include a description of the activities of the Missile
Defense Executive Board during the fiscal year preceding the date of the
report, including the following:
(1) A list of each meeting of the Board during such year.
(2) The agenda and issues considered at each such meeting.
(3) A description of any decisions or recommendations made
by the Board at each such meeting.
(c) Repeal of Superseded Reporting Authority.--Section 232 of the
National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-
107; 115 Stat. 1037; 10 U.S.C. 2431 note) is amended by striking
subsection (g).
SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND STRATEGY.
(a) Report Required.--In light of the homeland missile defense
hedging policy and strategy framework described in the Ballistic Missile
Defense Review of 2010, not later than 75 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the missile
defense hedging strategy review for the protection of the homeland of
the United States.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of the findings and conclusions of the
strategy review.
(2) A description of the hedging alternatives and
capabilities considered by the Secretary.
(3) A summary of the analyses conducted, including the
criteria used to assess the alternatives and capabilities
described in paragraph (2).
(4) A detailed description of the plans, programs, and the
budget profile for implementing the strategy through the future
years defense program submitted to Congress under section 221 of
title 10, United States Code, with the budget of the President
for fiscal year 2013.
(5) The criteria to be used in determining whether and when
each item contained in the strategy should be implemented and
the schedule and budget profile required to implement each item.
(6) A discussion of the feasibility and advisability of
deploying a missile defense site on the East Coast of the United
States.
(7) Any other information the Secretary considers necessary.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 234. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is essential for the ground-based midcourse defense
element of the ballistic missile defense system to achieve the
levels of reliability, availability, sustainability, and
operational performance that will allow it to continue providing
protection of the United States homeland, throughout its
operational
[[Page 1341]]
service life, against limited ballistic missile attack (whether
accidental, unauthorized, or deliberate);
(2) the Missile Defense Agency should, as its highest
priority, determine the root cause of the December 2010 flight-
test failure of the ground-based midcourse defense system,
design a correction of the problem causing the flight-test
failure, and verify through extensive testing that such
correction is effective and will allow the ground-based
midcourse defense system to reach levels described in paragraph
(1);
(3) after the Missile Defense Agency has verified the
correction of the problem causing the December 2010 flight-test
failure, including through the two previously unplanned
verification flight tests, the Agency should assess the need for
any additional ground-based interceptors and any additional
steps needed for the ground-based midcourse defense testing and
sustainment program; and
(4) the Department of Defense should plan for and budget
sufficient future funds for the ground-based midcourse defense
program to ensure the ability to complete and verify an
effective correction of the problem causing the December 2010
flight-test failure, to mitigate the effects of corrective
actions on previously planned program work that is deferred as a
result of such corrective actions, and to enhance the program
over time.
(b) Reports.--
(1) Reports required.--Not later than 90 days after the date
of the enactment of this Act, and one year thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report describing the plan of the Department of
Defense to correct the problem causing the December 2010 flight-
test failure of the ground-based midcourse defense system, and
any progress toward the achievement of that plan.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) A detailed discussion of the plan to correct the
problem described in that paragraph, including plans for
diagnostic, design, testing, and manufacturing actions.
(B) A detailed discussion of any results obtained
from the plan described in subparagraph (A) as of the
date of such report, including diagnostic, design,
testing, or manufacturing results.
(C) A description of any cost or schedule impact of
the plan on the ground-based midcourse defense program,
including on testing, production, refurbishment, or
deferred work.
(D) A description of any planned adjustments to the
ground-based midcourse defense program as a result of
the implementation of the plan, including future
programmatic, schedule, testing, or funding adjustments.
(E) A description of any enhancements to the
capability of the ground-based midcourse defense system
achieved or planned since the submittal of the budget
for fiscal year 2010 pursuant to section 1105 of title
31, United States Code.
(3) Form.--Each report required by paragraph (1) shall be in
unclassified form, but may include a classified annex.
[[Page 1342]]
SEC. 235. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MEDIUM
EXTENDED AIR DEFENSE SYSTEM.
(a) <> Limitation.--Of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2012 for the medium extended air defense system program,
not more than 25 percent may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional defense
committees a plan to use such funds as final obligations under such
program for either--
(1) implementing a restructured program of reduced scope; or
(2) contract termination liability costs with respect to the
contracts covering the program.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) The plan of the Secretary for using funds authorized to
be appropriated by this Act or otherwise made available for
fiscal year 2012 for the medium extended air defense system
program for the purposes described in paragraph (1) or (2) of
subsection (a).
(2) An explanation of the amount of the total cost for which
the United States would be liable with respect to either--
(A) restructuring the program as described in such
paragraph (1); or
(B) terminating the contracts covering the program,
either unilaterally or multilaterally, as described in
such paragraph (2).
(3) An explanation of the terms of any agreement with
Germany or Italy (or both) with respect to program restructuring
or contract termination.
(4) A description of the program schedule and specific
elements of a restructured program to develop, test, and
evaluate technologies for possible incorporation into future air
and missile defense architectures of the United States.
(5) A description of the specific technologies identified by
the Secretary for possible incorporation into future air and
missile defense architectures of the United States.
(6) A description of how the Secretary plans to address the
future air and missile defense requirements of the Department of
Defense in the absence of a fielded medium extended air defense
system capability, including a summary of activities, the cost
estimate, and the funding profile necessary to sustain and
upgrade the Patriot air and missile defense system.
(c) Report Required.--Not <> later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees a report
providing a detailed description of the efforts the Secretary has made
with Germany and Italy, including any involvement by the Secretary of
State, to agree on ways to minimize the costs to each nation of
implementing a restructured program or of unilateral or multilateral
contract termination.
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE
TRAINING.
It is the sense of Congress that--
[[Page 1343]]
(1) progress has been made in improving the integration of
ballistic missile defense training across and between combatant
commands and military services and identifying the training
requirements, capabilities, and resources that the Department of
Defense needs for this complex mission that is vital to the
protection of the United States and its deployed forces and
allies against ballistic missile attacks;
(2) it is important to continue effective and integrated
missile defense training to improve the capabilities of the
ballistic missile defense system and its elements; and
(3) the Department of Defense should continue to identify
the capabilities and resources needed to effectively and
adequately integrate training across and between the combatant
commands and military services and should continue efforts to
improve such training.
Subtitle D--Reports
SEC. 241. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP AND
ANNUAL REVIEW AND CERTIFICATION ON FUNDING
FOR DEVELOPMENT OF HYPERSONICS.
Section 218(e)(3) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2126; 10 U.S.C.
2358 note) is amended by striking ``2012'' and inserting ``2016''.
SEC. 242. REPORT AND COST ASSESSMENT OF OPTIONS FOR OHIO-CLASS
REPLACEMENT BALLISTIC MISSILE SUBMARINE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Commander of
the United States Strategic Command shall jointly submit to the
congressional defense committees a report on each of the options
described in subsection (b) to replace the Ohio-class ballistic
submarine program. The report shall include the following:
(1) An assessment of the procurement cost and total life-
cycle costs associated with each option.
(2) An assessment of the ability for each option to meet--
(A) the at-sea requirements of the Commander that
are in place as of the date of the enactment of this
Act; and
(B) any expected changes in such requirements.
(3) An assessment of the ability for each option to meet--
(A) the nuclear employment and planning guidance in
place as of the date of the enactment of this Act; and
(B) any expected changes in such guidance.
(4) A description of the postulated threat and strategic
environment used to inform the selection of a final option and
how each option provides flexibility for responding to changes
in the threat and strategic environment.
(b) Options Considered.--The options described in this subsection to
replace the Ohio-class ballistic submarine program are as follows:
(1) A fleet of 12 submarines with 16 missile tubes each.
(2) A fleet of 10 submarines with 20 missile tubes each.
(3) A fleet of 10 submarines with 16 missile tubes each.
[[Page 1344]]
(4) A fleet of eight submarines with 20 missile tubes each.
(5) Any other options the Secretary and the Commander
consider appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 243. REPORT ON THE ELECTROMAGNETIC RAIL GUN SYSTEM.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the congressional
defense committees a report on the development, future deployment, and
operational challenges of the electromagnetic rail gun system of the
Navy.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the various operational problem sets
the electromagnetic rail gun system might be used against,
including--
(A) naval surface fire support;
(B) anti-surface warfare, including small-boat
threats;
(C) cruise missile, ballistic missile, and anti-
aircraft defense; and
(D) other missions as defined by the Secretary.
(2) An analysis of the technical challenges in developing
the electromagnetic rail gun system, including--
(A) power generation and storage to achieve desired
firing rates and ranges;
(B) projectile development;
(C) launcher/bore design and lifetime; and
(D) ship integration challenges.
(3) An identification of existing supporting research
programs being executed outside of the Navy that support the
development of the electromagnetic rail gun system, as well as
opportunities where collaborative research between the Navy and
other research components could accelerate development.
(4) An assessment of possible deployment configurations,
including--
(A) for ship-based applications, an identification
of candidate ships for initial integration;
(B) for land-based applications, an identification
of possible mission sets and locations for early
prototyping opportunities; and
(C) other alternative approaches for rapid
prototyping.
(5) With respect to the information provided by the
Secretary of the Navy under paragraphs (1) through (4), the
opinions of the Secretary of the Army, the Commandant of the
Marine Corps, the Assistant Secretary of Defense for Research
and Engineering, the Director of the Missile Defense Agency, and
the Director of the Defense Advanced Research Projects Agency.
(c) Interim Update.--Not <> later than 90 days
after the date of the enactment of this Act, the Chief of Naval Research
shall provide an update briefing to the congressional defense
committees.
(d) Form.--The report required by paragraph (a) shall be submitted
in unclassified form, but may include a classified annex.
[[Page 1345]]
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE KC-46A AIRCRAFT
ACQUISITION PROGRAM.
(a) Annual GAO Review.--During <> the period
beginning on the date of the enactment of this Act and ending on March
1, 2017, the Comptroller General of the United States shall conduct an
annual review of the KC-46A aircraft acquisition program.
(b) Annual Reports.--
(1) In general.--Not later than March 1 of each year
beginning in 2012 and ending in 2017, the Comptroller General
shall submit to the congressional defense committees a report on
the review of the KC-46A aircraft acquisition program conducted
under subsection (a).
(2) Matters to be included.--Each report on the review of
the KC-46A aircraft acquisition program shall include the
following:
(A) The extent to which the program is meeting
engineering, manufacturing, development, and procurement
cost, schedule, performance, and risk mitigation goals.
(B) With respect to meeting the desired initial
operational capability and full operational capability
dates for the KC-46A aircraft, the progress and results
of--
(i) developmental and operational testing of
the aircraft; and
(ii) plans for correcting deficiencies in
aircraft performance, operational effectiveness,
reliability, suitability, and safety.
(C) An assessment of KC-46A aircraft procurement
plans, production results, and efforts to improve
manufacturing efficiency and supplier performance.
(D) An assessment of the acquisition strategy of the
KC-46A aircraft, including whether such strategy is in
compliance with acquisition management best-practices
and the acquisition policy and regulations of the
Department of Defense.
(E) A risk assessment of the integrated master
schedule and the test and evaluation master plan of the
KC-46A aircraft as it relates to--
(i) the probability of success;
(ii) the funding required for such aircraft
compared with the funding budgeted; and
(iii) development and production concurrency.
(3) Additional information.--In submitting to the
congressional defense committees the first report under
paragraph (1) and a report following any changes made by the
Secretary of the Air Force to the baseline documentation of the
KC-46A aircraft acquisition program, the Comptroller General
shall include, with respect to such program, an assessment of
the sufficiency and objectivity of--
(A) the integrated baseline review document;
(B) the initial capabilities document;
(C) the capabilities development document; and
(D) the systems requirement document.
SEC. 245. INDEPENDENT REVIEW AND ASSESSMENT OF CRYPTOGRAPHIC
MODERNIZATION PROGRAM.
(a) Independent Review and Assessment.--Not <>
later than 30 days after the date of the enactment of this Act, the
Secretary
[[Page 1346]]
of Defense shall select an appropriate entity outside the Department of
Defense to conduct an independent review and assessment of the
cryptographic modernization program of the Department of Defense.
(b) Elements.--The review and assessment required by subsection (a)
shall include the following:
(1) For each military department and appropriate defense
agency, an analysis of the adequacy of the program management
structure for executing the cryptographic modernization program,
including resources, personnel, requirements generation, and
business process metrics.
(2) A description of the acquisition model for each military
department and appropriate defense agency, including how the
acquisition strategies of programs of record are synchronized
with the needs of the cryptographic modernization program.
(3) An analysis of the current funding mechanism, the
Information System Security Program, to provide adequate and
stable funding to meet cryptographic modernization needs.
(4) An analysis of the ability of the program to deliver
capabilities to the user community while complying with the
budget and schedule for the program, including the programmatic
risks that negatively affect such compliance.
(c) Report.--
(1) Report required.--Not later than 120 days after the date
of the enactment of this Act, the entity conducting the review
and assessment under subsection (a) shall submit to the
Secretary and the congressional defense committees a report
containing--
(A) the results of the review and assessment; and
(B) recommendations for improving the management of
the cryptographic modernization program.
(2) Additional evaluation required.--Not later than 30 days
after the date on which the congressional defense committees
receive the report required by paragraph (1), the Secretary
shall submit to such committees an evaluation by the Secretary
of the findings and recommendations contained in such report.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 246. REPORT ON INCREASED BUDGET ITEMS.
(a) Report.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report describing the
contract award process for each contract described in subsection
(b) for which the Secretary will obligate funds authorized for a
program element described in subsection (c). In the case of
funds that are not yet obligated for any such contract by the
end of fiscal year 2012, the Secretary shall describe the
process planned for the award of such a contract.
(2) Submission.--The Secretary shall submit the report
required by paragraph (1) not later than December 31, 2012.
(b) Contract Described.--For purposes of subsection (a), a contract
described in this subsection is a contract awarded using procedures
other than competitive procedures pursuant to the exceptions set forth
in section 2304(c) of title 10, United States Code, or any other
exceptions provided in law or regulation.
[[Page 1347]]
(c) Program Element Described.--(1) For purposes of subsection (a),
a program element described in this subsection is a program element
funded--
(A) with amounts authorized to be appropriated by section
201; and
(B) in a total amount that is more than the amount requested
for such program element by the President in the budget
submitted to Congress under section 1105 of title 31, United
States Code, for fiscal year 2012.
(2) For purposes of paragraph (1)(B), the total amount referred to
in such paragraph does not include funds transferred into such program
element that were included elsewhere in the budget referred to in such
paragraph.
Subtitle E--Other Matters
SEC. 251. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION
INITIATIVE.
(a) In General.--
(1) Repeal.--Section 2359a of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 139 of such title is amended by striking
the item relating to section 2359a.
(b) <> Effective Date.--The amendments
made by subsection (a) shall take effect on October 1, 2013.
SEC. 252. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE
TECHNOLOGY PROTECTION FEATURES DURING
RESEARCH AND DEVELOPMENT OF CERTAIN
DEFENSE SYSTEMS.
Section 243 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4178; 10 U.S.C. 2358
note) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Cost-sharing.--Any contract for the design or development of a
system resulting from activities under subsection (a) for the purpose of
enhancing or enabling the exportability of the system either--
``(1) for the development of program protection strategies
for the system; or
``(2) for the design and incorporation of exportability
features into the system,
shall include a cost-sharing provision that requires the contractor to
bear at least one-half of the cost of such activities.''.
SEC. 253. EXTENSION OF AUTHORITY FOR MECHANISMS TO PROVIDE FUNDS
FOR DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY
MISSIONS.
Section 219(c) of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is amended by striking
``October 1, 2013'' and inserting ``September 30, 2016''.
[[Page 1348]]
SEC. 254. NATIONAL DEFENSE EDUCATION PROGRAM.
If the total amount authorized to be appropriated by this Act for
the National Defense Education Program for fiscal year 2012 is less than
the amount requested by the President for such program in the budget
submitted to Congress under section 1105 of title 31, United States
Code, for such fiscal year, the Secretary of Defense may not derive the
difference between such amounts from the K-12 component of such program.
SEC. 255. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE.
(a) Acquisition.--
(1) In general.--Subject to paragraph (3), the Secretary of
the Army (referred to in this section as the ``Secretary'') may
acquire any real property and associated real property interests
in the vicinity of Hanover, New Hampshire, described in
paragraph (2) as may be needed for the Engineer Research and
Development Center laboratory facilities at the Cold Regions
Research and Engineering Laboratory.
(2) Description of real property.--The real property
described in this paragraph is the real property to be acquired
under paragraph (1)--
(A) consisting of approximately 18.5 acres,
identified as Tracts 101-1 and 101-2, together with all
necessary easements located entirely within the Town of
Hanover, New Hampshire; and
(B) generally bounded--
(i) to the east by state route 10-Lyme Road;
(ii) to the north by the vacant property of
the Trustees of Dartmouth College;
(iii) to the south by Fletcher Circle graduate
student housing owned by the Trustees of Dartmouth
College; and
(iv) to the west by approximately 9 acres of
real property acquired in fee through condemnation
in 1981 by the Secretary.
(3) Amount paid for property.--The Secretary shall pay not
more than fair market value for any real property and associated
real property interest acquired under this subsection.
(b) Revolving Fund.--The Secretary--
(1) through the Plant Replacement and Improvement Program of
the Secretary, may use amounts in the revolving fund established
by section 101 of the Civil Functions Appropriations Act, 1954
(33 U.S.C. 576) to acquire the real property and associated real
property interests described in subsection (a); and
(2) shall ensure that the revolving fund is appropriately
reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--
(1) In general.--The Secretary may provide the seller of any
real property and associated property interests identified in
subsection (a) a right of first refusal--
(A) a right of first refusal to acquire the
property, or any portion of the property, in the event
the property or portion is no longer needed by the
Department of the Army; and
[[Page 1349]]
(B) a right of first refusal to acquire any real
property or associated real property interests acquired
by condemnation in Civil Action No. 81-360-L, in the
event the property, or any portion of the property, is
no longer needed by the Department of the Army.
(2) Nature of right.--A right of first refusal provided to a
seller under this subsection shall not inure to the benefit of
any successor or assign of the seller.
(d) Consideration; Fair Market Value.--The purchase of any property
by a seller exercising a right of first refusal provided under
subsection (c) shall be for--
(1) consideration acceptable to the Secretary; and
(2) not less than fair market value at the time at which the
property becomes available for purchase.
(e) Disposal.--The Secretary may dispose of any property or
associated real property interests that are subject to the exercise of
the right of first refusal under this section.
(f) No Effect on Compliance With Environmental Laws.--Nothing in
this section affects or limits the application of or obligation to
comply with any environmental law, including section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).
SEC. 256. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT
EMITTING DIODE TECHNOLOGY.
It is the sense of Congress that--
(1) active matrix organic light emitting diode (in this
section referred to as ``OLED'') technology displays have the
potential to reduce the size, weight, and energy consumption of
both dismounted and mounted systems of the Armed Forces;
(2) the United States has a limited OLED manufacturing
industry;
(3) to ensure a reliable domestic source of OLED displays,
the Secretary of Defense can use existing programs, including
the ManTech program, to support the reduction of the costs and
risks related to OLED manufacturing technologies; and
(4) the reduction of such costs and risks of OLED
manufacturing has the potential to enable the affordable
production and sustainment of future weapon systems, as well as
the affordable transition of new technologies that can enhance
capabilities of current force systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Subtitle B--Energy and Environmental Provisions
Sec. 311. Designation of senior official of Joint Chiefs of Staff for
operational energy plans and programs and operational energy
budget certification.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for
the national defense.
Sec. 313. Discharge of wastes at sea generated by ships of the Armed
Forces.
Sec. 314. Modification to the responsibilities of the Assistant
Secretary of Defense for Operational Energy, Plans, and
Programs.
Sec. 315. Energy-efficient technologies in contracts for logistics
support of contingency operations.
[[Page 1350]]
Sec. 316. Health assessment reports required when waste is disposed of
in open-air burn pits.
Sec. 317. Streamlined annual report on defense environmental programs.
Sec. 318. Payment to Environmental Protection Agency of stipulated
penalties in connection with Jackson Park Housing Complex,
Washington.
Sec. 319. Requirements relating to Agency for Toxic Substances and
Disease Registry investigation of exposure to drinking water
contamination at Camp Lejeune, North Carolina.
Sec. 320. Fire suppression agents.
Subtitle C--Logistics and Sustainment
Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Designation of military arsenal facilities as Centers of
Industrial and Technical Excellence.
Sec. 323. Permanent and expanded authority for Army industrial
facilities to enter into certain cooperative arrangements
with non-Army entities.
Sec. 324. Implementation of corrective actions resulting from corrosion
study of the F-22 and F-35 aircraft.
Sec. 325. Modification of requirements relating to minimum capital
investment for certain depots.
Sec. 326. Reports on depot-related activities.
Sec. 327. Core depot-level maintenance and repair capabilities.
Subtitle D--Readiness
Sec. 331. Modification of Department of Defense authority to accept
voluntary contributions of funds.
Sec. 332. Review of proposed structures affecting navigable airspace.
Subtitle E--Reports
Sec. 341. Annual certification and modifications of annual report on
prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for
the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations
forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and
equipment service life extension programs to achieve cost
savings.
Sec. 346. Study on United States force posture in the United States
Pacific Command area of responsibility.
Sec. 347. Study on overseas basing presence of United States forces.
Sec. 348. Inclusion of assessment of joint military training and force
allocations in quadrennial defense review and national
military strategy.
Sec. 349. Modification of report on procurement of military working
dogs.
Subtitle F--Limitations and Extension of Authority
Sec. 351. Adoption of military working dog by family of deceased or
seriously wounded member of the Armed Forces who was the
dog's handler.
Sec. 352. Prohibition on expansion of the Air Force food transformation
initiative.
Sec. 353. Designation and limitation on obligation and expenditure of
funds for the migration of Army enterprise email services.
Sec. 354. One-year extension of pilot program for availability of
working-capital funds to Army for certain product
improvements.
Subtitle G--Other Matters
Sec. 361. Commercial sale of small arms ammunition and small arms
ammunition components in excess of military requirements, and
fired cartridge cases.
Sec. 362. Comptroller General review of space-available travel on
military aircraft.
Sec. 363. Authority to provide information for maritime safety of forces
and hydrographic support.
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection
agreements.
Sec. 365. Clarification of the airlift service definitions relative to
the Civil Reserve Air Fleet.
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 367. Policy on Active Shooter Training for certain law enforcement
personnel.
Sec. 368. Procurement of tents or other temporary structures.
[[Page 1351]]
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environmental Provisions
SEC. 311. DESIGNATION OF SENIOR OFFICIAL OF JOINT CHIEFS OF STAFF
FOR OPERATIONAL ENERGY PLANS AND PROGRAMS
AND OPERATIONAL ENERGY BUDGET
CERTIFICATION.
Section 138c of title 10, United States Code, is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The Chairman of the Joint Chiefs of Staff shall designate a
senior official under the jurisdiction of the Chairman who shall be
responsible for operational energy plans and programs for the Joint
Chiefs of Staff and the Joint Staff. The official so designated shall be
responsible for coordinating with the Assistant Secretary and
implementing initiatives pursuant to the strategy with regard to the
Joint Chiefs of Staff and the Joint Staff.''; and
(2) in subsection (e)(4), by striking ``10 days'' and
inserting ``30 days''.
SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES
USED FOR THE NATIONAL DEFENSE.
(a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is
amended as follows:
(1) Definitions.--Section 100 (16 U.S.C. 670) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Commonwealth of the Northern Mariana Islands,
American Samoa, and the Virgin Islands.
``(3) State-owned national guard installation.--The term
`State-owned National Guard installation' means land owned and
operated by a State when such land is used for training the
National Guard pursuant to chapter 5 of title 32, United States
Code, with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is not
under the jurisdiction of the Department of Defense.''.
[[Page 1352]]
(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''.
[[Page 1353]]
(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)'';
[[Page 1354]]
(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)'';
[[Page 1355]]
(D) in subsection (b), by inserting ``Enforcement
Powers and Proceedings.--'' after ``(b)''; and
(E) in subsection (c), by inserting ``Seizure and
Forfeiture.--'' after ``(c)''; and
(F) in subsection (d), by inserting ``Applicability
of Customs Laws.--'' after ``(d)''.
(11) Section 205 (16 U.S.C. 670k) is amended--
(A) by inserting at the beginning the following:
``SEC. 205. DEFINITIONS.''; and
(B) by striking ``sec. 205.''.
(12) Section 206 (16 U.S.C. 670l) is amended--
(A) by inserting at the beginning the following:
``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE
AND BUREAU OF LAND MANAGEMENT LANDS;
AUTHORIZED FEES.''; and
(B) by striking ``sec. 206.''.
(13) Section 207 (16 U.S.C. 670m) is amended--
(A) by inserting at the beginning the following:
``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION
REGULATING INDIAN RIGHTS.''; and
(B) by striking ``sec. 207.''.
(14) Section 209 (16 U.S.C. 670o) is amended--
(A) by inserting at the beginning the following:
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';
(B) by striking ``sec. 209.'';
(C) in subsection (a), by inserting ``Functions and
Responsibilities of Secretary of the Interior.--'' after
``(a)'';
(D) in subsection (b), by inserting ``Functions and
Responsibilities of Secretary of Agriculture.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(c)''; and
(F) in subsection (d), by inserting ``Contract
Authority.--'' after ``(d)''.
(c) Codification of Change of Name.--Section 204(b) of such Act (16
U.S.C. 670j) is amended by striking ``magistrate'' both places it
appears and inserting ``magistrate judge''.
(d) Repeal of Obsolete Section.--Section 208 of such <> Act is repealed, and section 209 of such Act (16 U.S.C. 670o) is
redesignated as section 208.
SEC. 313. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE
ARMED FORCES.
(a) Discharge Restrictions for Ships of the Armed Forces.--
Subsection (b) of section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902(b)) is amended to read as follows:
``(b)(1) Except as provided in paragraph (3), this Act shall not
apply to--
``(A) a ship of the Armed Forces described in paragraph (2);
or
``(B) any other ship specifically excluded by the MARPOL
Protocol or the Antarctic Protocol.
[[Page 1356]]
``(2) A ship described in this paragraph is a ship that is owned or
operated by the Secretary, with respect to the Coast Guard, or by the
Secretary of a military department, and that, as determined by the
Secretary concerned--
``(A) has unique military design, construction, manning, or
operating requirements; and
``(B) cannot fully comply with the discharge requirements of
Annex V to the Convention because compliance is not
technologically feasible or would impair the operations or
operational capability of the ship.
``(3)(A) <> Notwithstanding any provision of
the MARPOL Protocol, the requirements of Annex V to the Convention shall
apply to all ships referred to in subsection (a) other than those
described in paragraph (2).
``(B) A ship that is described in paragraph (2) shall limit the
discharge into the sea of garbage as follows:
``(i) The discharge into the sea of plastics, including
synthetic ropes, synthetic fishing nets, plastic garbage bags,
and incinerator ashes from plastic products that may contain
toxic chemicals or heavy metals, or the residues thereof, is
prohibited.
``(ii) Garbage consisting of the following material may be
discharged into the sea, subject to subparagraph (C):
``(I) A non-floating slurry of seawater, paper,
cardboard, or food waste that is capable of passing
through a screen with openings no larger than 12
millimeters in diameter.
``(II) Metal and glass that have been shredded and
bagged (in compliance with clause (i)) so as to ensure
negative buoyancy.
``(III) With regard to a submersible, nonplastic
garbage that has been compacted and weighted to ensure
negative buoyancy.
``(IV) Ash from incinerators or other thermal
destruction systems not containing toxic chemicals,
heavy metals, or incompletely burned plastics.
``(C)(i) Garbage described in subparagraph (B)(ii)(I) may not be
discharged within 3 nautical miles of land.
``(ii) Garbage described in subclauses (II), (III), and (IV) of
subparagraph (B)(ii) may not be discharged within 12 nautical miles of
land.
``(D) Notwithstanding subparagraph (C), a ship described in
paragraph (2) that is not equipped with garbage-processing equipment
sufficient to meet the requirements of subparagraph (B)(ii) may
discharge garbage that has not been processed in accordance with
subparagraph (B)(ii) if such discharge occurs as far as practicable from
the nearest land, but in any case not less than--
``(i) 12 nautical miles from the nearest land, in the case
of food wastes and non-floating garbage, including paper
products, cloth, glass, metal, bottles, crockery, and similar
refuse; and
``(ii) 25 nautical miles from the nearest land, in the case
of all other garbage.
``(E) This paragraph shall not apply when discharge of any garbage
is necessary for the purpose of securing the safety of the ship, the
health of the ship's personnel, or saving life at sea.
In <> the event that there is such a discharge, the
discharge shall be reported to the Secretary, with respect to the Coast
Guard, or the Secretary concerned.
[[Page 1357]]
``(F) This paragraph shall not apply during time of war or a
national emergency declared by the President or Congress.''.
(b) Conforming Amendments.--Section 3(f) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1902(f)) is amended--
(1) in paragraph (1), by striking ``Annex V to the
Convention on or before the dates referred to in subsections
(b)(2)(A) and (c)(1)'' and inserting ``subsection (b)''; and
(2) in paragraph (2), by inserting ``and subsection
(b)(3)(B)(i) of this section'' after ``Annex V to the
Convention''.
SEC. 314. MODIFICATION TO THE RESPONSIBILITIES OF THE ASSISTANT
SECRETARY OF DEFENSE FOR OPERATIONAL
ENERGY, PLANS, AND PROGRAMS.
(a) Modification of Responsibilities.--Section 138(c) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(3) The Assistant Secretary, in consultation with the heads of the
military departments and the Assistant Secretary of Defense for Research
and Engineering, shall--
``(A) lead the alternative fuel activities of the Department
of Defense and oversee the investments of the Department in such
activities;
``(B) make recommendations to the Secretary regarding the
development of alternative fuels by the military departments and
the Office of the Secretary of Defense;
``(C) establish guidelines and prescribe policy to
streamline the investments in alternative fuel activities across
the Department of Defense;
``(D) encourage collaboration with and leveraging of
investments made by the Department of Energy, the Department of
Agriculture, and other relevant Federal agencies to advance
alternative fuel development to the benefit of the Department of
Defense; and
``(E) certify the budget associated with the investment of
the Department of Defense in alternative fuel activities in
accordance with subsection (e)(4).''.
(b) Reporting Requirement.--Section 2925(b)(2) of title 10, United
States Code, is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) A description of the alternative fuel initiatives of
the Department of Defense, including funding and expenditures by
account and activity for the preceding fiscal year, including
funding made available in regular defense appropriations Acts
and any supplemental appropriation Acts.''.
SEC. 315. <> ENERGY-EFFICIENT
TECHNOLOGIES IN CONTRACTS FOR LOGISTICS
SUPPORT OF CONTINGENCY OPERATIONS.
(a) Energy Performance Master Plan.--The energy performance master
plan for the Department of Defense developed under section 2911 of title
10, United States Code, shall specifically address the application of
energy-efficient or energy reduction technologies or processes meeting
the requirements of subsection (b) in logistics support contracts for
contingency operations. In accordance with the requirements of such
section, the plan shall include
[[Page 1358]]
goals, metrics, and incentives for achieving energy efficiency in such
contracts.
(b) Requirements for Energy Technologies and Processes.--Energy-
efficient and energy reduction technologies or processes described in
subsection (a) are technologies or processes that meet the following
criteria:
(1) The technology or process achieves long-term savings for
the Government by reducing overall demand for fuel and other
sources of energy in contingency operations.
(2) The technology or process does not disrupt the mission,
the logistics, or the core requirements in the contingency
operation concerned.
(3) The technology or process is able to integrate
seamlessly into the existing infrastructure in the contingency
operation concerned.
(d) Regulations and Guidance.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall issue such regulations and
guidance as may be needed to implement the requirements of this section
and ensure that goals established pursuant to subsection (a) are met.
Such regulations or guidance shall consider the lifecycle cost savings
associated with the energy technology or process being offered by a
vendor for defense logistics support and oblige the offeror to
demonstrate the savings achieved over traditional technologies.
(e) Report.--The annual report required by section 2925(b) of title
10, United States Code, shall include information on the progress in the
implementation of this section, including savings achieved by the
Department resulting from such implementation.
(f) Definitions.--In this section:
(1) The term ``defense logistics support contract'' means a
contract for services, or a task order under such a contract,
awarded by the Department of Defense to provide logistics
support during times of military mobilizations, including
contingency operations, in any amount greater than the
simplified acquisition threshold.
(2) The term ``contingency operation'' has the meaning
provided in section 101(a)(13) of title 10, United States Code.
SEC. 316. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE IS
DISPOSED OF IN OPEN-AIR BURN PITS.
Section 317 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2250; 10 U.S.C. 2701 note) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Health Assessment Reports.--Not later than 180 days after
notice is due under subsection (a)(2), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a health assessment report on each open-air burn pit at a location where
at least 100 personnel have been employed for 90 consecutive days or
more. Each such report shall include each of the following:
``(1) An epidemiological description of the short-term and
long-term health risks posed to personnel in the area where the
burn pit is located because of exposure to the open-air burn
pit.
[[Page 1359]]
``(2) A copy of the methodology used to determine the health
risks described in paragraph (1).
``(3) A copy of the assessment of the operational risks and
health risks when making the determination pursuant to
subsection (a) that no alternative disposal method is feasible
for the open-air burn pit.''.
SEC. 317. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL
PROGRAMS.
(a) In General.--Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2711. <> Annual report on defense
environmental programs
``(a) Report Required.--The Secretary of Defense shall submit to
Congress each year, not later than 45 days after the date on which the
President submits to Congress the budget for a fiscal year, a report on
defense environmental programs. Each report shall include:
``(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, the following elements:
``(A) Information on the Environmental Restoration
Program, including the following:
``(i) The total number of sites in the
Environmental Restoration Program.
``(ii) The number of sites in the
Environmental Restoration Program that have
reached the Remedy in Place Stage and the Response
Complete Stage, and the change in such numbers in
the preceding fiscal year.
``(iii) A statement of the amount of funds
allocated by the Secretary for, and the
anticipated progress in implementing, the
Environmental Restoration Program during the
fiscal year for which the budget is submitted.
``(iv) The Secretary's assessment of the
overall progress of the Environmental Restoration
Program.
``(B) Information on the Military Munitions
Restoration Program (MMRP), including the following:
``(i) The total number of sites in the MMRP.
``(ii) The number of sites that have reached
the Remedy in Place Stage and the Response
Complete Stage, and the change in such numbers in
the preceding fiscal year.
``(iii) A statement of the amount of funds
allocated by the Secretary for, and the
anticipated progress in implementing, the MMRP
during the fiscal year for which the budget is
submitted.
``(iv) The Secretary's assessment of the
overall progress of the MMRP.
``(2) With respect to each of the major activities under the
environmental quality program of the Department of Defense and
for each of the military departments--
``(A) a statement of the amount expended, or
proposed to be expended, during the period consisting of
the four fiscal years preceding the fiscal year in which
the report is submitted, the current fiscal year, the
fiscal year for
[[Page 1360]]
which the budget is submitted, and the fiscal year
following the fiscal year for which the budget is
submitted; and
``(B) an explanation for any significant change in
such amounts during the period covered.
``(3) With respect to the environmental technology program
of the Department of Defense--
``(A) a report on the progress made in achieving the
objectives and goals of its environmental technology
program during the preceding fiscal year and an overall
trend analysis for the program covering the previous
four fiscal years; and
``(B) a statement of the amount expended, or
proposed to be expended, during the period consisting of
the four fiscal years preceding the fiscal year in which
the report is submitted, the fiscal year for which the
budget is submitted, and the fiscal year following the
fiscal year for which the budget is submitted.
``(b) Definitions.--For purposes of this section--
``(1) the term `environmental quality program' means a
program of activities relating to environmental compliance,
conservation, pollution prevention, and other activities
relating to environmental quality as the Secretary may
designate; and
``(2) the term `major activities' with respect to an
environmental program means--
``(A) environmental compliance activities;
``(B) conservation activities; and
``(C) pollution prevention activities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2710 the following new item:
``2711. Annual report on defense environmental programs.''.
SEC. 318. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED
PENALTIES IN CONNECTION WITH JACKSON PARK
HOUSING COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds.--
(1) Transfer amount.--Using funds described in subsection
(b) and notwithstanding section 2215 of title 10, United States
Code, the Secretary of the Navy may transfer not more than
$45,000 to the Hazardous Substance Superfund Jackson Park
Housing Complex, Washington, special account.
(2) Purpose of transfer.--The payment under paragraph (1) is
to pay a stipulated penalty assessed by the Environmental
Protection Agency on October 7, 2009, against the Jackson Park
Housing Complex, Washington, for the failure by the Navy to
submit a draft Final Remedial Investigation/Feasibility Study
for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC)
in accordance with the requirements of the Interagency Agreement
(Administrative Docket No. CERCLA-10-2005-0023).
(b) Source of Funds.--Any payment under subsection (a) shall be made
using funds authorized to be appropriated by section 301 for operation
and maintenance for Environmental Restoration, Navy.
(c) Use of Funds.--The amount transferred under subsection (a) shall
be used by the Environmental Protection Agency to pay the penalty
described under paragraph (2) of such subsection.
[[Page 1361]]
SEC. 319. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY INVESTIGATION OF EXPOSURE
TO DRINKING WATER CONTAMINATION AT CAMP
LEJEUNE, NORTH CAROLINA.
(a) <> Limitation on Use of Funds.--None of
the funds authorized to be appropriated by this Act may be used to make
a final decision on or final adjudication of any claim filed regarding
water contamination at Marine Corps Base Camp Lejeune unless the Agency
for Toxic Substances and Disease Registry completes all epidemiological
and water modeling studies relevant to such contamination that are
ongoing as of June 1, 2011, and certifies the completion of all such
studies in writing to the Committees on Armed Services for the Senate
and the House of Representatives. This provision does not prevent the
use of funds for routine administrative tasks required to maintain such
claims nor does it prohibit the use of funds for matters pending in
Federal court.
(b) Resolution of Certain Disputes.--The <>
Secretary of the Navy shall make every effort to resolve any dispute
arising between the Department of the Navy and the Agency for Toxic
Substances and Disease Registry that is covered by the Interagency
Agreement between the Department of Health and Human Services Agency for
Toxic Substances and Disease Registry and the Department of the Navy or
any successor memorandum of understanding and signed agreements not
later than 60 days after the date on which the dispute first arises.
In <> the event the Secretary is unable to resolve such
a dispute within 60 days, the Secretary shall submit to the
congressional defense committees a report on the reasons why an
agreement has not yet been reached, the actions that the Secretary plans
to take to reach agreement, and the schedule for taking such actions.
(c) Coordination Prior to Releasing Information to the Public.--The
Secretary of the Navy shall make every effort to coordinate with the
Agency for Toxic Substances and Disease Registry on all issues
pertaining to water contamination at Marine Corps Base Camp Lejeune, and
other exposed pathways before releasing anything to the public.
SEC. 320. FIRE SUPPRESSION AGENTS.
Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is
amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) is listed as acceptable for use as a fire suppression
agent for nonresidential applications in accordance with section
612(c).''.
Subtitle C--Logistics and Sustainment
SEC. 321. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.
Section 2460 of title 10, United States Code, is amended to read as
follows:
[[Page 1362]]
``Sec. 2460. Definition of depot-level maintenance and repair
``In this chapter, the term ``depot-level maintenance and repair''--
``(1) means any action performed on materiel or software in
the conduct of inspection, repair, overhaul, or the modification
or rebuild of end-items, assemblies, subassemblies, and parts,
that--
``(A) requires extensive industrial facilities,
specialized tools and equipment, or uniquely experienced
and trained personnel that are not available in lower
echelon-level maintenance activities; and
``(B) is a function and, as such, is independent of
any location or funding source and may be performed in
the public or private sectors (including the performance
of interim contract support or contract logistic support
arrangements); and
``(2) includes--
``(A) the fabrication of parts, testing, and
reclamation, as necessary;
``(B) the repair, adaptive modifications or
upgrades, change events made to operational software,
integration and testing; and
``(C) in the case of either hardware or software
modifications or upgrades, the labor associated with the
application of the modification.''.
SEC. 322. DESIGNATION OF MILITARY ARSENAL FACILITIES AS CENTERS OF
INDUSTRIAL AND TECHNICAL EXCELLENCE.
Section 2474(a)(1) of title 10, United States Code, is amended by
inserting ``or military arsenal facility'' after ``depot-level
activity''.
SEC. 323. PERMANENT AND EXPANDED AUTHORITY FOR ARMY INDUSTRIAL
FACILITIES TO ENTER INTO CERTAIN
COOPERATIVE ARRANGEMENTS WITH NON-ARMY
ENTITIES.
(a) In General.--Section 4544 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking the second sentence; and
(2) by striking subsection (k).
(b) Report.--Section 328(b)(A) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 66; 10 U.S.C.
4544 note) is amended by striking ``the advisability'' and all that
follows through the end and inserting ``the effect of the use of such
authority on the rates charged by each Army industrial facility when
bidding on contracts for the Army or for a Defense agency and providing
recommendations to improve the ability of each category of Army
industrial facility (as defined in section 4544(j) of title 10, United
States Code) to compete for such contracts;''.
SEC. 324. <> IMPLEMENTATION OF CORRECTIVE
ACTIONS RESULTING FROM CORROSION STUDY OF
THE F-22 AND F-35 AIRCRAFT.
(a) Implementation; Congressional Briefing.--
Not <> later than January 31, 2012, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
implement the recommended actions described in subsection (b) and
provide to the congressional
[[Page 1363]]
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''.
[[Page 1364]]
SEC. 325. MODIFICATION OF REQUIREMENTS RELATING TO MINIMUM CAPITAL
INVESTMENT FOR CERTAIN DEPOTS.
Section 2476 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``maintenance, repair,
and overhaul'' after ``combined'';
(2) in subsection (b)--
(A) by striking ``includes investment funds spent on
depot infrastructure, equipment, and process improvement
in direct support'' and inserting ``includes investment
funds spent to modernize or improve the efficiency of
depot facilities, equipment, work environment, or
processes in direct support''; and
(B) by inserting before the period at the end the
following: ``, but does not include funds spent for
sustainment of existing facilities, infrastructure, or
equipment''.
(3) in subsection (d), by adding at the end the following
new subparagraph:
``(E) A table showing the funded workload performed by each
covered depot for the preceding three fiscal years and actual
investment funds allocated to each depot for the period covered
by the report.''; and
(4) in subsection (e)(1), by adding at the end the following
new subparagraph:
``(I) Tooele Army Depot, Utah.''.
SEC. 326. REPORTS ON DEPOT-RELATED ACTIVITIES.
(a) Report on Depot-level Maintenance and Recapitalization of
Certain Parts and Equipment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense in
consultation with the military departments, shall submit to the
congressional defense committees a report on the status of the
Drawdown, Retrograde, and Reset Program for the equipment used
in support of Operations New Dawn and Enduring Freedom and the
status of the overall supply chain management for depot-level
activities.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) An assessment of the number of backlogged parts
for critical warfighter needs, an explanation of why
those parts became backlogged, and an estimate of when
the backlog is likely to be fully addressed.
(B) A review of critical warfighter requirements
that are being impacted by a lack of supplies and parts
and an explanation of steps that the Secretary plans to
take to meet the demand requirements of the military
departments.
(C) An assessment of the feasibility and
advisability of working with outside commercial partners
and Department of Defense arsenals to utilize flexible
and efficient turn-key rapid production systems to meet
rapidly emerging warfighter requirements.
(D) A review of plans to further consolidate the
ordering and stocking of parts and supplies from the
military departments at depots under the control of the
Defense Logistics Agency.
[[Page 1365]]
(3) Flexible and efficient turn-key rapid production systems
defined.--For the purposes of this subsection, flexible and
efficient turn-key rapid production systems are systems that
have demonstrated the capability to reduce the costs of parts,
improve manufacturing efficiency, and have the following unique
features:
(A) Virtual and flexible.--Systems that provide for
flexibility to rapidly respond to requests for low-
volume or high-volume machined parts and surge demand by
accessing the full capacity of small- and medium-sized
manufacturing communities in the United States.
(B) Speed to market.--Systems that provide for
flexibility that allows rapid introduction of
subassemblies for new parts and weapons systems to the
warfighter.
(C) Risk management.--Systems that provide for the
electronic archiving and updating of turn-key rapid
production packages to provide insurance to the
Department of Defense that parts will be available if
there is a supply chain disruption.
(b) Report on the Alignment, Organizational Reporting, Military
Command Structure, and Performance Rating of Air Force System Program
Managers, Sustainment Program Managers, and Product Support Managers at
Air Logistics Centers or Air Logistics Complexes.--
(1) Report required.--The <> Secretary of
the Air Force shall enter into an agreement with a federally
funded research and development center to submit to the
congressional defense committees, not later than 180 days after
the date of the enactment of this Act, a report on the
alignment, organizational reporting, military command structure,
and performance rating of Air Force system program managers,
sustainment program managers, and product support managers at
Air Logistics Centers or Air Logistics Complexes.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) Consideration of the proposed reorganization of
Air Force Materiel Command announced on November 2,
2011.
(B) An assessment of how various alternatives for
aligning the managers described in subsection (a) within
Air Force Materiel Command would likely support and
impact life cycle management, weapon system sustainment,
and overall support to the warfighter.
(C) With respect to the alignment of the managers
described in subsection (A), an examination of how the
Air Force should be organized to best conduct life cycle
management and weapon system sustainment, with any
analysis of cost and savings factors subject to the
consideration of overall readiness.
(D) Recommended alternatives for meeting these
objectives.
(3) Cooperation of secretary of air force.--The Secretary of
the Air Force shall provide any necessary information and
background materials necessary for completion of the report
required under paragraph (1).
[[Page 1366]]
SEC. 327. CORE DEPOT-LEVEL MAINTENANCE AND REPAIR CAPABILITIES.
(a) In General.--Section 2464 of title 10, United States Code, is
amended to read as follows:
``Sec. 2464. Core depot-level maintenance and repair capabilities
``(a) Necessity for Core Depot-level Maintenance and Repair
Capabilities.--(1) It is essential for national security that the
Department of Defense maintain a core depot-level maintenance and repair
capability, as defined by this title, in support of mission-essential
weapon systems or items of military equipment needed to directly support
combatant command operational requirements and enable the armed forces
to execute the strategic, contingency, and emergency plans prepared by
the Department of Defense, as required under section 153(a) of this
title.
``(2) This core depot-level maintenance and repair capability shall
be Government-owned and Government-operated, including the use of
Government personnel and Government-owned and Government-operated
equipment and facilities, throughout the lifecycle of the weapon system
or item of military equipment involved to ensure a ready and controlled
source of technical competence and resources necessary to ensure
effective and timely response to a mobilization, national defense
contingency situations, and other emergency requirements.
``(3)(A) Except as provided in subsection (c), the Secretary of
Defense shall identify and establish the core depot-level maintenance
and repair capabilities and capacity required in paragraph (1).
``(B) <> Core depot-level maintenance and repair
capabilities and capacity, including the facilities, equipment,
associated logistics capabilities, technical data, and trained
personnel, shall be established not later than four years after a weapon
system or item of military equipment achieves initial operational
capability or is fielded in support of operations.
``(4) The Secretary of Defense shall assign Government-owned and
Government-operated depot-level maintenance and repair facilities of the
Department of Defense sufficient workload to ensure cost efficiency and
technical competence in peacetime, while preserving the ability to
provide an effective and timely response to a mobilization, national
defense contingency situations, and other emergency requirements.
``(b) <> Waiver Authority.--(1) The
Secretary of Defense may waive the requirement in subsection (a)(3) if
the Secretary determines that--
``(A) the weapon system or item of military equipment is not
an enduring element of the national defense strategy;
``(B) in the case of nuclear aircraft carrier refueling,
fulfilling the requirement is not economically feasible; or
``(C) it is in the best interest of national security.
``(2) The Secretary of a military department may waive the
requirement in subsection (a)(3) for special access programs if such a
waiver is determined to be in the best interest of the United States.
``(3) <> The determination to waive
requirements in accordance with paragraph (1) or (2) shall be documented
and notification submitted to Congress with justification for the waiver
within 30 days of issuance.
[[Page 1367]]
``(c) Applicability to Commercial Items.--(1) The requirement in
subsection (a)(3) shall not apply to items determined to be commercial
items.
``(2) <> The first time a weapon
system or other item of military equipment described in subsection (a)
is determined to be a commercial item for the purposes of the exception
under subsection (c), the Secretary of Defense shall submit to Congress
a notification of the determination, together with the justification for
the determination. The justification for the determination shall
include, at a minimum, the following:
``(A) The estimated percentage of commonality of parts of
the version of the item that is sold or leased in the commercial
marketplace and the version of the item to be purchased by the
Department of Defense.
``(B) The value of any unique support and test equipment and
tools needed to support the military requirements if the item
were maintained by the Department of Defense.
``(C) A comparison of the estimated life-cycle depot-level
maintenance and repair support costs that would be incurred by
the Government if the item were maintained by the private sector
with the estimated life-cycle depot-level maintenance support
costs that would be incurred by the Government if the item were
maintained by the Department of Defense.
``(3) <> In this subsection, the term `commercial
item' means an end-item, assembly, subassembly, or part sold or leased
in substantial quantities to the general public and purchased by the
Department of Defense without modification in the same form that they
are sold in the commercial marketplace, or with minor modifications to
meet Federal Government requirements.
``(d) Limitation on Contracting.--(1) Except as provided in
paragraph (2), performance of workload needed to maintain a core depot-
level maintenance and repair capability identified by the Secretary
under subsection (a)(3) may not be contracted for performance by non-
Government personnel under the procedures and requirements of Office of
Management and Budget Circular A-76 or any successor administrative
regulation or policy (hereinafter in this section referred to as `OMB
Circular A-76').
``(2) <> The Secretary of Defense may
waive paragraph (1) in the case of any such depot-level maintenance and
repair capability and provide that performance of the workload needed to
maintain that capability shall be considered for conversion to
contractor performance in accordance with OMB
Circular <> A-76. Any such
waiver shall be made under regulations prescribed by the Secretary and
shall be based on a determination by the Secretary that Government
performance of the workload is no longer required for national defense
reasons. Such regulations shall include criteria for determining whether
Government performance of any such workload is no longer required for
national defense reasons.
``(3)(A) <> A waiver
under paragraph (2) may not take effect until the expiration of the
first period of 30 days of continuous session of Congress that begins on
or after the date on which the Secretary submits a report on the waiver
to the Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(B) For the purposes of subparagraph (A)--
[[Page 1368]]
``(i) continuity of session is broken only by an adjournment
of Congress sine die; and
``(ii) the days on which either House is not in session
because of an adjournment of more than three days to a day
certain are excluded in the computation of any period of time in
which Congress is in continuous session.
``(e) Biennial Core Report.--Not later than April 1 on each even-
numbered year, the Secretary of Defense shall submit to Congress a
report identifying, for each of the armed forces (except for the Coast
Guard), for the subsequent fiscal year the following:
``(1) The core depot-level maintenance and repair capability
requirements and sustaining workloads, organized by work
breakdown structure, expressed in direct labor hours.
``(2) The corresponding workloads necessary to sustain core
depot-level maintenance and repair capability requirements,
expressed in direct labor hours and cost.
``(3) In any case where core depot-level maintenance and
repair capability requirements exceed or are expected to exceed
sustaining workloads, a detailed rationale for the shortfall and
a plan either to correct, or mitigate, the effects of the
shortfall.
``(f) Annual Core Report.-- In 2013 and each year thereafter, not
later than 60 days after the date on which the budget of the President
for a fiscal year is submitted to Congress pursuant to section 1105 of
title 31, the Secretary of Defense shall submit to Congress a report
identifying, for each of the armed forces (other than the Coast Guard),
for the fiscal year preceding the fiscal year during which the report is
submitted, each of the following:
``(1) The core depot-level maintenance and repair capability
requirements identified in subsection (a)(3).
``(2) The workload required to cost-effectively support such
requirements.
``(3) To the maximum extent practicable, the additional
workload beyond the workloads identified under subsection (a)(4)
needed to ensure that not more than 50 percent of the non-exempt
depot maintenance funding is expended for performance by non-
Federal governmental personnel in accordance with section 2466
of this title.
``(4) The allocation of workload for each Center of
Industrial and Technical Excellence as designated in accordance
with section 2474 of this title.
``(5) The depot-level maintenance and repair capital
investments required to be made in order to ensure compliance
with subsection (a)(3) by not later than four years after
achieving initial operational capacity.
``(6) The outcome of a reassessment of continuation of a
waiver granted under subsection (b).
``(g) Comptroller General <> Review.--The Comptroller General shall review each
report required under subsections (e) and (f) for completeness and
compliance and provide findings and recommendations to the congressional
defense committees not later than 60 days after the report is submitted
to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 146 of such title is amended by striking the item relating to
section 2464 and inserting the following new item:
``2464. Core depot-level maintenance and repair capabilities.''.
[[Page 1369]]
Subtitle D--Readiness
SEC. 331. MODIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO
ACCEPT VOLUNTARY CONTRIBUTIONS OF FUNDS.
The second sentence of subsection (g) of section 358 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4201; 49 U.S.C. 44718 note) is amended--
(1) by striking ``shall be available'' and inserting ``shall
remain available until expended''; and
(2) by inserting before the period at the end the following:
``or to conduct studies of potential measures to mitigate such
impacts''.
SEC. 332. REVIEW OF PROPOSED STRUCTURES AFFECTING NAVIGABLE
AIRSPACE.
Section 44718 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(e) Review of Aeronautical Studies.--The <>
Administrator of the Federal Aviation Administration shall develop
procedures to allow the Department of Defense and the Department of
Homeland Security to review and comment on an aeronautical study
conducted pursuant to subsection (b) prior to the completion of the
study.''.
Subtitle E--Reports
SEC. 341. ANNUAL CERTIFICATION AND MODIFICATIONS OF ANNUAL REPORT
ON PREPOSITIONED MATERIEL AND EQUIPMENT.
(a) Annual Certification.--Section 2229 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(d) Annual Certification.--(1) Not later than the date of the
submission of the President's budget request for a fiscal year under
section 1105 of title 31, the Secretary of Defense shall submit to the
congressional defense committees certification in writing that the
prepositioned stocks of each of the military departments meet all
operations plans, in both fill and readiness, that are in effect as of
the date of the submission of the certification.
``(2) <> If, for any year, the Secretary cannot
certify that any of the prepositioned stocks meet such operations plans,
the Secretary shall include with the certification for that year a list
of the operations plans affected, a description of any measures that
have been taken to mitigate any risk associated with prepositioned stock
shortfalls, and an anticipated timeframe for the replenishment of the
stocks.
``(3) A certification under this subsection shall be in an
unclassified form but may have a classified annex.''.
(b) Annual Report.--Section <> 2229a(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(7) <> A list of any non-standard items
slated for inclusion in the prepositioned stocks and a plan for
funding the inclusion and sustainment of such items.
[[Page 1370]]
``(8) A list of any equipment used in support of Operation
Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom
slated for retrograde and subsequent inclusion in the
prepositioned stocks.
``(9) An efficiency strategy for limited shelf-life medical
stock replacement.
``(10) The status of efforts to develop a joint strategy,
integrate service requirements, and eliminate redundancies.
``(11) The operational planning assumptions used in the
formulation of prepositioned stock levels and composition.
``(12) A list of any strategic plans affected by changes to
the levels, composition, or locations of the prepositioned
stocks and a description of any action taken to mitigate any
risk that such changes may create.''.
SEC. 342. ADDITIONAL MATTERS FOR INCLUSION IN AND MODIFIED
DEADLINE FOR THE ANNUAL REPORT ON
OPERATIONAL ENERGY.
Section 2925(b)(2) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (F), as redesignated by
section 314, as subparagraph (G); and
(2) by inserting after subparagraph (E), as added by such
section, the following new subparagraph (F):
``(F) An evaluation of practices used in contingency
operations during the previous fiscal year and potential
improvements to such practices to reduce vulnerabilities
associated with fuel convoys, including improvements in tent and
structure efficiency, improvements in generator efficiency, and
displacement of liquid fuels with on-site renewable energy
generation. Such evaluation should identify challenges
associated with the deployment of more efficient structures and
equipment and renewable energy generation, and recommendations
for overcoming such challenges.''.
SEC. 343. STUDY ON AIR FORCE TEST AND TRAINING RANGE
INFRASTRUCTURE.
(a) Study.--
(1) In general.--The Secretary of the Air Force shall
conduct a study on the ability of the major air test and
training range infrastructure, including major military
operating area airspace and special use airspace, to support the
full spectrum of Air Force operations. The <>
Secretary shall incorporate the results of the study into a
master plan for requirements and proposed investments to meet
Air Force training and test needs through 2025. The study and
the master plan shall be known as the ``2025 Air Test and
Training Range Enhancement Plan''.
(2) Consultation.--The <>
Secretary of the Air Force shall, in conducting the study
required under paragraph (1), consult with the Secretaries of
the other military departments to determine opportunities for
joint use and training of the ranges, and to assess the
requirements needed to support combined arms training on the
ranges. The Secretary shall also consult with the Department of
the Interior, the Department of Agriculture, the Federal
Aviation Administration, the Federal Energy Regulation
Commission, and the Department of Energy to assess the need for
transfers of administrative control of certain parcels of
airspace and land to the Department of Defense to protect the
missions and control of the ranges.
[[Page 1371]]
(3) Continuation of range infrastructure improvements.--The
Secretary of the Air Force may proceed with all ongoing and
scheduled range infrastructure improvements while conducting the
study required under paragraph (1).
(b) Reports.--
(1) In general.--The Secretary of the Air Force shall submit
to the congressional defense committees an interim report and a
final report on the plan to meet the requirements under
subsection (a) not later than one year and two years,
respectively, after the date of the enactment of this Act.
(2) Content.--The <> plan submitted under
paragraph (1) shall--
(A) document the current condition and adequacy of
the major Air Force test and training range
infrastructure in the United States to meet test and
training requirements;
(B) identify potential areas of concern for
maintaining the physical safety, security, and current
operating environment of such infrastructure;
(C) identify potential issues and threats related to
the sustainability of the test and training
infrastructure, including electromagnetic spectrum
encroachment, overall bandwidth availability, and
protection of classified information;
(D) assess coordination among ranges and local,
state, regional, and Federal entities involved in land
use planning, and develop recommendations on how to
improve communication and coordination of such entities;
(E) propose remedies and actions to manage economic
development on private lands on or surrounding the test
and training infrastructure to preserve current
capabilities;
(F) identify critical parcels of land not currently
under the control of the Air Force for acquisition of
deed or restrictive easements in order to protect
current operations, access and egress corridors, and
range boundaries, or to expand the capability of the air
test and training ranges;
(G) identify which parcels identified pursuant to
subparagraph (F) could, through the acquisition of
conservation easements, serve military interests while
also preserving recreational access to public and
private lands, protecting wildlife habitat, or
preserving opportunities for energy development and
energy transmission;
(H) prioritize improvements and modernization of the
facilities, equipment, and technology supporting the
infrastructure in order to provide a test and training
environment that accurately simulates and or portrays
the full spectrum of threats and targets of likely
United States adversaries in 2025;
(I) incorporate emerging requirements generated by
requirements for virtual training and new weapon
systems, including the F-22, the F-35, space and cyber
systems, and Remotely Piloted Aircraft;
(J) assess the value of State and local legislative
initiatives to protect Air Force test and training range
infrastructure;
(K) identify parcels with no value to future
military operations;
[[Page 1372]]
(L) propose a list of prioritized projects,
easements, acquisitions, or other actions, including
estimated costs required to upgrade the test and
training range infrastructure, taking into consideration
the criteria set forth in this paragraph; and
(M) explore opportunities to increase foreign
military training with United States allies at test and
training ranges in the continental United States.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex as necessary.
(4) Rule of construction.--The reports submitted under this
section shall not be construed as meeting the requirements of
section 2815(d) of the Military Construction Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852).
SEC. 344. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL
OPERATIONS FORCES.
(a) Study.--
(1) In general.--The Commander of the United States Special
Operations Command shall conduct a study on the ability of
existing training ranges used by special operations forces,
including military operating area airspace and special use
airspace, to support the full spectrum of missions and
operations assigned to special operations forces.
(2) Consultation.--The Commander shall, in conducting the
study required under paragraph (1), consult with the Secretaries
of the military departments, the Office of the Secretary of
Defense, and the Joint Staff on--
(A) procedures and priorities for joint use and
training on ranges operated by the military services,
and to assess the requirements needed to support
combined arms training on the ranges; and
(B) requirements and proposed investments to meet
special operations training requirements through 2025.
(b) Reports.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Commander shall submit to the
congressional defense committees a report on the plan to meet
the requirements under subsection (a).
(2) Content.--The study submitted under paragraph (1)
shall--
(A) assess the current condition and adequacy of,
and access to, all existing training ranges in the
United States used by special operations forces;
(B) identify potential areas of concern for
maintaining the physical safety, security, and current
operating environment of ranges used by special
operations forces;
(C) identify issues and challenges related to the
availability and sustainability of the existing training
ranges used by special operations forces, including
support of a full spectrum of operations and protection
of classified missions and tactics;
(D) assess coordination among ranges and local,
State, regional, and Federal entities involved in land
use planning and the protection of ranges from
encroachment;
[[Page 1373]]
(E) propose remedies and actions to ensure
consistent and prioritized access to existing ranges;
(F) prioritize improvements and modernization of the
facilities, equipment, and technology supporting the
ranges in order to adequately simulate the full spectrum
of threats and contingencies for special operations
forces; and
(G) propose a list of prioritized projects,
easements, acquisitions, or other actions, including
estimated costs required to upgrade training range
infrastructure.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex as necessary.
SEC. 345. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE AND
EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS
TO ACHIEVE COST SAVINGS.
Not <> later than 270 days after
the date of the enactment of this Act, the Secretary of Defense shall
conduct a survey of the quantity and condition of each class of non-
tactical wheeled vehicles and base-level commercial equipment in the
fleets of the military departments and report to the congressional
defense committees on the advisability of establishing service life
extension programs for such classes of vehicles.
SEC. 346. STUDY ON UNITED STATES FORCE POSTURE IN THE UNITED
STATES PACIFIC COMMAND AREA OF
RESPONSIBILITY.
(a) Independent Assessment.--
(1) In general.--The Secretary of Defense, in consultation
with the Chairmen and Ranking Members of the Committees on Armed
Services of the Senate and the House of Representatives, shall
commission an independent assessment of United States security
interests in the United States Pacific Command area of
responsibility. The assessment shall be conducted by an
independent, non-governmental institute which is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code, and has
recognized credentials and expertise in national security and
military affairs with ready access to policy experts throughout
the country and from the region.
(2) Elements.--The assessment conducted pursuant to
paragraph (1) shall include the following elements:
(A) A review of current and emerging United States
national security interests in the United States Pacific
Command area of responsibility.
(B) A review of current United States military force
posture and deployment plans of the United States
Pacific Command.
(C) Options for the realignment of United States
forces in the region to respond to new opportunities
presented by allies and partners.
(D) The views of noted policy leaders and regional
experts, including military commanders in the region.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the designated private entity shall provide an unclassified
report, with a classified annex, containing its findings to the
Secretary of Defense. Not later than 90 days after the date of receipt
of the report, the Secretary of Defense shall transmit the report to the
congressional defense committees,
[[Page 1374]]
together with such comments on the report as the Secretary considers
appropriate.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated under section 301 for operation and maintenance for
Defense-wide activities, up to $1,000,000, shall be made available for
the completion of the study required under this section.
SEC. 347. STUDY ON OVERSEAS BASING PRESENCE OF UNITED STATES
FORCES.
(a) Independent Assessment.--The Secretary of Defense shall
commission an independent assessment of the overseas basing presence of
United States forces.
(b) Conduct of Assessment.--The assessment required by subsection
(a) may, at the election of the Secretary, be conducted by--
(1) a Federally-funded research and development center
(FFRDC); or
(2) an independent, non-governmental institute which is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code, and
has recognized credentials and expertise in national security
and military affairs appropriate for the assessment.
(c) Elements.--The assessment required by subsection (a) should
include, but not be limited to, the following:
(1) An assessment of the location and number of United
States forces required to be forward based outside the United
States in order to meet the National Military Strategy, 2010,
the quadrennial defense review, and the engagement strategies
and operational plans of the combatant commands.
(2) An assessment of--
(A) the current condition and capacity of the
available military facilities and training ranges of the
United States overseas for all permanent stations and
deployed locations, including land and improvements at
such facilities and ranges and the availability of
additional land, if required, for such facilities and
ranges; and
(B) the cost of maintaining such infrastructure.
(3) A determination of the amounts received by the United
States, whether in direct payments, in-kind contributions, or
otherwise, from foreign countries by reason of military
facilities of the United States overseas.
(4) A determination of the amounts paid by the United States
in direct payments to foreign countries for the use of
facilities, ranges, and lands.
(5) An assessment of the advisability of the retention,
closure, or realignment of military facilities of the United
States overseas, or of the establishment of new military
facilities of the United States overseas, in light of potential
fiscal constraints on the Department of Defense and emerging
national security requirements in coming years.
(d) Report.--Not later than one year after the date of the enactment
of this Act, the entity selected for the conduct of the assessment
required by subsection (a) shall provide to the Secretary an
unclassified report, with a classified annex (if appropriate),
containing its findings as a result of the assessment. Not later than 90
days after the date of receipt of the report, the Secretary
[[Page 1375]]
shall transmit the report to the congressional defense committees,
together with such comments on the report as the Secretary considers
appropriate.
(e) Funding.--Of the amounts authorized to be appropriated by
section 301 and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301, up to
$2,000,000 shall be made available for the completion of the assessment
required by subsection (a).
SEC. 348. <> INCLUSION OF ASSESSMENT OF
JOINT MILITARY TRAINING AND FORCE
ALLOCATIONS IN QUADRENNIAL DEFENSE REVIEW
AND NATIONAL MILITARY STRATEGY.
The assessments of the National Military Strategy conducted by the
Chairman of the Joint Chiefs of Staff under section 153(b) of this
title, and the quadrennial roles and missions review pursuant to section
118b of this title, shall include an assessment of joint military
training and force allocations to determine--
(1) the compliance of the military departments with the
joint training, doctrine, and resource allocation
recommendations promulgated by the Joint Chiefs of Staff; and
(2) the effectiveness of the Joint Staff in carrying out the
missions of planning and experimentation formerly accomplished
by Joint Forces Command.
SEC. 349. MODIFICATION OF REPORT ON PROCUREMENT OF MILITARY
WORKING DOGS.
Subsection (c) of section 358 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4427; 10 U.S.C. 2302 note) is amended--
(1) in the subsection heading by striking ``Annual Report''
and inserting ``Biennial Report'';
(2) by striking ``annually thereafter for each of the
following five years'' and inserting ``biennially thereafter'';
(3) by striking ``for the fiscal year preceding'' and
inserting ``for the two fiscal years preceding'';
(4) by striking the second sentence; and
(5) by striking ``for the fiscal year covered by the
report'' and inserting ``for the period covered by the report''.
Subtitle F--Limitations and Extension of Authority
SEC. 351. ADOPTION OF MILITARY WORKING DOG BY FAMILY OF DECEASED
OR SERIOUSLY WOUNDED MEMBER OF THE ARMED
FORCES WHO WAS THE DOG'S HANDLER.
Section 2583 of title 10, United States Code, is amended--
(1) in subsection (a)(2) by inserting after ``extraordinary
circumstances'' the following: ``, including circumstances under
which the handler of a military working dog is killed in action,
dies of wounds received in action, or is medically retired as a
result of injuries received in action,''; and
(2) <> in subsection (c), by adding at
the end the following: ``If the Secretary of the military
department concerned determines that an adoption is justified
under subsection (a)(2) under circumstances under which the
handler of a military working dog is wounded in action, the dog
may be made available
[[Page 1376]]
for adoption only by the handler. If the Secretary of the
military department concerned determines that such an adoption
is justified under circumstances under which the handler of a
military working dog is killed in action or dies of wounds
received in action, the military working dog shall be made
available for adoption only by a parent, child, spouse, or
sibling of the deceased handler.''.
SEC. 352. PROHIBITION ON EXPANSION OF THE AIR FORCE FOOD
TRANSFORMATION INITIATIVE.
The Secretary of the Air Force may not expand the Air Force food
transformation initiative (hereinafter referred to as the
``initiative'') to include any base other than the six bases initially
included in the pilot program until the Secretary of the Air Force
submits to the Committees on Armed Services of the Senate and House of
Representatives a report on the initiative. Such <>
report shall include the following:
(1) A description of the effects of the initiative on all
employees who are paid through nonappropriated funds.
(2) A description of the training programs being developed
to assist the transition for all employees affected by the
initiative.
(3) An explanation of how appropriated and non-appropriated
funds used in the initiative are being tracked to ensure that
such funds remain segregated.
(4) An estimate of the cost savings and efficiencies
associated with the initiative, and an explanation of how such
savings are achieved.
(5) An assessment of increases in food prices at both the
appropriated facilities on the military bases participating in
the initiative as of the date of the enactment of this Act and
the non-appropriated funded facilities on such bases.
(6) A plan for addressing any recommendations made by the
Comptroller General of the United States following the
Comptroller General's review of the initiative.
SEC. 353. DESIGNATION AND LIMITATION ON OBLIGATION AND EXPENDITURE
OF FUNDS FOR THE MIGRATION OF ARMY
ENTERPRISE EMAIL SERVICES.
(a) Designation.--The Secretary of the Army shall designate the
effort to consolidate its enterprise email services a formal acquisition
program with the Army acquisition executive as the milestone decision
authority. The Secretary of the Army may not delegate the authority
under this subsection.
(b) <> Limitation.--None of the funds
authorized to be appropriated by this Act or otherwise made available to
the Department of Defense for fiscal year 2012 for procurement or
operation and maintenance for the migration to enterprise email services
by the Department of the Army may be obligated or expended until the
date that is 30 days after the date on which the Secretary of Army
submits to the congressional defense committees a report on the
acquisition strategy for the acquisition program designated under
subsection (a), including certification that existing and planned
efforts for the program comply with all existing regulations pertaining
to competition. The report shall include each of the following:
(1) A description of the formal acquisition oversight body
established.
[[Page 1377]]
(2) An assessment by the acquisition oversight body of the
sufficiency and completeness of the current validated
requirements and analysis of alternatives.
(3) In any instances where the validated requirements or
analysis of alternatives has been determined to be insufficient,
a plan for remediation.
(4) An assessment by the Army Audit Agency to determine the
cost savings and cost avoidance expected from each of the
alternatives to be considered.
(5) An assessment of the technical challenges to
implementing the selected approach, including a security
assessment.
(6) <> A certification by the
Secretary of the Army that the selected approach for moving
forward is in the best technical and financial interests of the
Army and provides for the maximum amount of competition possible
in accordance with section 2302(3)(D) of title 10, United States
Code.
(7) A detailed accounting of the funding expended by the
program as of the date of the enactment of this Act, as well as
an estimate of the funding needed to complete the selected
approach.
(c) Report by Chief Information Officer of the Department of
Defense.--Not later than 180 days after the date of the enactment of
this Act, the Chief Information Officer of the Department of Defense
shall submit to the congressional defense committees a report on
Department of Defense plans for enterprise email. Such report shall
include--
(1) an assessment of how the migration of the Army's email
system to the Defense Information Services Agency fits within
the Department's strategic information technology plans;
(2) a description of how the Chief Information Officer is
addressing the email capabilities of the other military
departments, including plans for consolidating the email
services of the other military departments; and
(3) a description of the degree to which fair and open
competition will be or has been used to modernize the existing
infrastructure to which the Army is migrating its email
services, including a roadmap detailing when elements of the
architecture will be upgraded over time.
SEC. 354. ONE-YEAR EXTENSION OF PILOT PROGRAM FOR AVAILABILITY OF
WORKING-CAPITAL FUNDS TO ARMY FOR CERTAIN
PRODUCT IMPROVEMENTS.
Section 330(f) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 68) is amended by striking
``October 1, 2013'' and inserting ``October 1, 2014''.
Subtitle G--Other Matters
SEC. 361. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS
AMMUNITION COMPONENTS IN EXCESS OF
MILITARY REQUIREMENTS, AND FIRED CARTRIDGE
CASES.
Section 346 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4191; 10 U.S.C. 2576
note) is amended to read as follows:
[[Page 1378]]
``SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL
ARMS AMMUNITION COMPONENTS IN EXCESS OF
MILITARY REQUIREMENTS, AND FIRED CARTRIDGE
CASES.
``(a) Commercial Sale of Small Arms Ammunition, Small Ammunition
Components, and Fired Cartridge Cases.--Small arms ammunition and small
ammunition components which are in excess of military requirements, and
intact fired small arms cartridge cases shall be made available for
commercial sale. Such small arms ammunition, small arms ammunition
components, and intact fired cartridge cases shall not be demilitarized,
destroyed, or disposed of, unless in excess of commercial demands or
certified by the Secretary of Defense as unserviceable or unsafe. This
provision shall not apply to ammunition, ammunition components, or fired
cartridge cases stored or expended outside the continental United States
(OCONUS).
``(b) Deadline for Guidance.--Not later than 90 days after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2012, the Secretary of Defense shall issue guidance to ensure
compliance with subsection <> (a). Not later than 15 days
after issuing such guidance, the Secretary shall submit to the
congressional defense committees a letter of compliance providing notice
of such guidance.
``(c) Preference.--No small arms ammunition or small arms ammunition
components in excess of military requirements, or fired small arms
cartridge cases may be made available for commercial sale under this
section before such ammunition and ammunition components are offered for
transfer or purchase, as authorized by law, to another Federal
department or agency or for sale to State and local law enforcement,
firefighting, homeland security, and emergency management agencies
pursuant to section 2576 of title 10, United States Code, as amended by
this Act.
``(d) Sales Controls.--All small arms ammunition and small arms
ammunition components, and fired small arms cartridge cases made
available for commercial sale under this section shall be subject to all
explosives safety and trade security controls in effect at the time of
sale.
``(e) Definitions.--In this section:
``(1) Small arms ammunition.--The term `small arms
ammunition' means ammunition or ordnance for firearms up to and
including .50 caliber and for shotguns.
``(2) Small arms ammunition components.--The term `small
arms ammunition components' means components, parts,
accessories, and attachments associated with small arms
ammunition.
``(3) Fired cartridge cases.--The term `fired cartridge
cases' means expended small arms cartridge cases (ESACC).''.
SEC. 362. COMPTROLLER GENERAL REVIEW OF SPACE-AVAILABLE TRAVEL ON
MILITARY AIRCRAFT.
(a) Review Required.--The <> Comptroller
General of the United States shall conduct a review of the Department of
Defense system for space-available travel. The review shall determine
the capacity of the system presently and as projected in the future and
shall examine the efficiency and usage of space-available travel.
(b) Elements.--The review required under subsection (a) shall
include the following elements:
[[Page 1379]]
(1) A discussion of the efficiency of the system and data
regarding usage of available space by category of passengers
under existing regulations.
(2) Estimates of the effect on availability based on future
projections.
(3) A discussion of the logistical and managements problems,
including congestion at terminals, waiting times, lodging
availability, and personal hardships currently experienced by
travelers.
(4) An evaluation of the cost of the system and whether
space-available travel is and can remain cost-neutral.
(5) An evaluation of the feasibility of expanding the
categories of passengers eligible for space-available travel to
include--
(A) in the case of overseas travel, retired members
of an active or reserve component, including retired
members of reserve components, who, but for being under
the eligibility age applicable to the member under
section 12731 title 10, United States Code, would be
eligible for retired pay under chapter 1223 of such
title; and
(B) unremarried widows and widowers of active or
reserve component members of the Armed Forces.
(6) Other factors relating to the efficiency and cost
effectiveness of space-available travel.
SEC. 363. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME SAFETY OF
FORCES AND HYDROGRAPHIC SUPPORT.
(a) Authority.--Part IV of subtitle C of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 669--MARITIME SAFETY OF FORCES
``Sec.
``7921. Safety and effectiveness information; hydrographic information.
``Sec. 7921. Safety <> and effectiveness
information; hydrographic information
``(a) Safety and Effectiveness Information.--(1) The Secretary of
the Navy shall maximize the safety and effectiveness of all maritime
vessels, aircraft, and forces of the armed forces by means of--
``(A) marine data collection;
``(B) numerical weather and ocean prediction; and
``(C) forecasting of hazardous weather and ocean conditions.
``(2) The Secretary may extend similar support to forces of the
North Atlantic Treaty Organization, and to coalition forces, that are
operating with the armed forces.
``(b) Hydrographic Information.--The Secretary of the Navy shall
collect, process, and provide to the Director of the National
Geospatial-Intelligence Agency hydrographic information to support
preparation of maps, charts, books, and geodetic products by that
Agency.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle C of such title, and the table of chapters at the beginning of
part IV of such subtitle, are each amended by inserting after the item
relating to chapter 667 the following new item:
``669. Maritime Safety of Forces.................................7921''.
[[Page 1380]]
SEC. 364. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE
PROTECTION AGREEMENTS.
(a) In General.--Subsection (b) of section 5 of the Act of May 27,
1955 (42 U.S.C. 1856d(b)) is amended to read as follows:
``(b) Notwithstanding subsection (a), all sums received as
reimbursements for costs incurred by any Department of Defense activity
for fire protection rendered pursuant to this Act shall be credited to
the same appropriation or fund from which the expenses were paid or, if
the period of availability for obligation for that appropriation has
expired, to the appropriation or fund that is currently available to the
activity for the same purpose. Amounts so credited shall be subject to
the same provisions and restrictions as the appropriation or account to
which credited.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to reimbursements for expenditures of funds appropriated
after the date of the enactment of this Act.
SEC. 365. CLARIFICATION OF THE AIRLIFT SERVICE DEFINITIONS
RELATIVE TO THE CIVIL RESERVE AIR FLEET.
(a) Clarification.--Section 41106 of title 49, United States Code,
is amended--
(1) in subsections (a)(1), (b), and (c), by striking
``transport category aircraft'' each place it appears and
inserting ``CRAF-eligible aircraft''; and
(2) in subsection (c), by striking ``that has aircraft in
the civil reserve air fleet'' and inserting ``referred to in
subsection (a)''.
(b) CRAF-eligible Aircraft Defined.--Such section is further amended
by adding at the end the following new subsection:
``(e) CRAF-eligible Aircraft Defined.--In this section, `CRAF-
eligible aircraft' means aircraft of a type the Secretary of Defense has
determined to be eligible to participate in the civil reserve air
fleet.''.
SEC. 366. RATEMAKING PROCEDURES FOR CIVIL RESERVE AIR FLEET
CONTRACTS.
(a) In General.--Chapter 931 of title 10, United States Code, is
amended by inserting after section 9511 the following new section:
``Sec. 9511a. <> Civil Reserve Air Fleet
contracts: payment rate
``(a) Authority.--The <> Secretary of Defense
shall determine a fair and reasonable rate of payment for airlift
services provided to the Department of Defense by air carriers who are
participants in the Civil Reserve Air Fleet program.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations for purposes of subsection (a). The Secretary may exclude
from the applicability of those regulations any airlift services
contract made through the use of competitive procedures.
``(c) Commitment of Aircraft as a Business Factor.--The Secretary
may, in determining the quantity of business to be received under an
airlift services contract for which the rate of payment is determined in
accordance with subsection (a), use as a factor the relative amount of
airlift capability committed by each air carrier to the Civil Reserve
Air Fleet.
``(d) Inapplicable Provisions of Law.--An airlift services contract
for which the rate of payment is determined in accordance with
subsection (a) shall not be subject to the provisions of section
[[Page 1381]]
2306a of this title or to the provisions of subsections (a) and (b) of
section 1502 of title 41.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
9511 the following new item:
``9511a. Civil Reserve Air Fleet contracts: payment rate.''.
(c) Initial Regulations.--Regulations <> shall be prescribed under section 9511a(b) of title 10, United
States Code, as added by subsection (a), not later than 180 days after
the date of the enactment of this Act.
SEC. 367. <> POLICY ON ACTIVE
SHOOTER TRAINING FOR CERTAIN LAW
ENFORCEMENT PERSONNEL.
The <> Secretary of Defense shall establish
policy and promulgate guidelines to ensure civilian and military law
enforcement personnel charged with security functions on military
installations shall receive Active Shooter Training as described in
finding 4.3 of the document entitled ``Protecting the Force: Lessons
From Fort Hood''.
SEC. 368. <> PROCUREMENT OF TENTS OR
OTHER TEMPORARY STRUCTURES.
(a) In General.--In procuring tents or other temporary structures
for use by the Armed Forces, and in establishing or maintaining an
alternative source for such tents and structures, the Secretary of
Defense shall award contracts that provide the best value to the United
States. In determining the best value to the United States under this
section, the Secretary shall consider the total life-cycle costs of such
tents or structures, including the costs associated with any equipment
or fuel needed to heat or cool such tents or structures.
(b) Interagency Procurement.--The <>
requirements of this section shall apply to any agency or department of
the United States that procures tents or other temporary structures on
behalf of the Department of Defense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2012 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
[[Page 1382]]
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2012, as follows:
(1) The Army, 562,000.
(2) The Navy, 325,700.
(3) The Marine Corps, 202,100.
(4) The Air Force, 332,800.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 547,400.
``(2) For the Navy, 325,700.
``(3) For the Marine Corps, 202,100.
``(4) For the Air Force, 332,800.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2012, as follows:
(1) The Army National Guard of the United States, 358,200.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,200.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,700.
(6) The Air Force Reserve, 71,400.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
[[Page 1383]]
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.
[[Page 1384]]
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal year 2012 for the use of the Armed Forces and
other activities and agencies of the Department of Defense for expenses,
not otherwise provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2012.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy Generally
Sec. 501. Increase in authorized strengths for Marine Corps officers on
active duty in grades of major, lieutenant colonel, and
colonel.
Sec. 502. General officer and flag officer reform.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Voluntary retirement incentive matters.
Subtitle B--Reserve Component Management
Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Membership of the Chief of the National Guard Bureau on the
Joint Chiefs of Staff.
Sec. 513. Modification of time in which preseparation counseling must be
provided to reserve component members being demobilized.
Sec. 514. Clarification of applicability of authority for deferral of
mandatory separation of military technicians (dual status)
until age 60.
Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps
Reserve, and Air Force Reserve to active duty to provide
assistance in response to a major disaster or emergency.
Sec. 516. Authority for order to active duty of units of the Selected
Reserve for preplanned missions in support of the combatant
commands.
Sec. 517. Modification of eligibility for consideration for promotion
for reserve officers employed as military technicians (dual
status).
Sec. 518. Consideration of reserve component officers for appointment to
certain command positions.
Sec. 519. Report on termination of military technician as a distinct
personnel management category.
Subtitle C--General Service Authorities
Sec. 521. Sense of Congress on the unique nature, demands, and hardships
of military service.
Sec. 522. Policy addressing dwell time and measurement and data
collection regarding unit operating tempo and personnel
tempo.
Sec. 523. Protected communications by members of the Armed Forces and
prohibition of retaliatory personnel actions.
Sec. 524. Notification requirement for determination made in response to
review of proposal for award of Medal of Honor not previously
submitted in timely fashion.
Sec. 525. Expansion of regular enlisted members covered by early
discharge authority.
Sec. 526. Extension of voluntary separation pay and benefits authority.
Sec. 527. Prohibition on denial of reenlistment of members for
unsuitability based on the same medical condition for which
they were determined to be fit for duty.
[[Page 1385]]
Sec. 528. Designation of persons authorized to direct disposition of
remains of members of the Armed Forces.
Sec. 529. Matters covered by preseparation counseling for members of the
Armed Forces and their spouses.
Sec. 530. Conversion of high-deployment allowance from mandatory to
authorized.
Sec. 531. Extension of authority to conduct programs on career
flexibility to enhance retention of members of the Armed
Forces.
Sec. 532. Policy on military recruitment and enlistment of graduates of
secondary schools.
Sec. 533. Department of Defense suicide prevention program.
Subtitle D--Military Justice and Legal Matters
Sec. 541. Reform of offenses relating to rape, sexual assault, and other
sexual misconduct under the Uniform Code of Military Justice.
Sec. 542. Authority to compel production of documentary evidence.
Sec. 543. Clarification of application and extent of direct acceptance
of gifts authority.
Sec. 544. Freedom of conscience of military chaplains with respect to
the performance of marriages.
Subtitle E--Member Education and Training Opportunities and
Administration
Sec. 551. Employment skills training for members of the Armed Forces on
active duty who are transitioning to civilian life.
Sec. 552. Enhancement of authorities on joint professional military
education.
Sec. 553. Temporary authority to waive maximum age limitation on
admission to the military service academies.
Sec. 554. Enhancement of administration of the United States Air Force
Institute of Technology.
Sec. 555. Enrollment of certain seriously wounded, ill, or injured
former or retired enlisted members of the Armed Forces in
associate degree programs of the Community College of the Air
Force in order to complete degree program.
Sec. 556. Reserve component mental health student stipend.
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-
Teachers Program.
Sec. 558. Pilot program on receipt of civilian credentialing for skills
required for military occupational specialties.
Sec. 559. Report on certain education assistance programs.
Subtitle F--Armed Forces Retirement Home
Sec. 561. Control and administration by Secretary of Defense.
Sec. 562. Senior Medical Advisor oversight of health care provided to
residents of Armed Forces Retirement Home.
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council
and Resident Advisory Committees.
Sec. 564. Administrators, Ombudsmen, and staff of facilities.
Sec. 565. Revision of fee requirements.
Sec. 566. Revision of inspection requirements.
Sec. 567. Repeal of obsolete transitional provisions and technical,
conforming, and clerical amendments.
Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters
Sec. 571. Impact aid for children with severe disabilities.
Sec. 572. Continuation of authority to assist local educational agencies
that benefit dependents of members of the Armed Forces and
Department of Defense civilian employees.
Sec. 573. Three-year extension and enhancement of authorities on
transition of military dependent students among local
educational agencies.
Sec. 574. Revision to membership of Department of Defense Military
Family Readiness Council.
Sec. 575. Reemployment rights following certain National Guard duty.
Sec. 576. Expansion of Operation Hero Miles.
Sec. 577. Report on Department of Defense autism pilot and demonstration
projects.
Sec. 578. Comptroller General of the United States report on Department
of Defense military spouse employment programs.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
Sec. 581. Access of sexual assault victims to legal assistance and
services of Sexual Assault Response Coordinators and Sexual
Assault Victim Advocates.
[[Page 1386]]
Sec. 582. Consideration of application for permanent change of station
or unit transfer based on humanitarian conditions for victim
of sexual assault or related offense.
Sec. 583. Director of Sexual Assault Prevention and Response Office.
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim
Advocates.
Sec. 585. Training and education programs for sexual assault prevention
and response program.
Sec. 586. Department of Defense policy and procedures on retention and
access to evidence and records relating to sexual assaults
involving members of the Armed Forces.
Subtitle I--Other Matters
Sec. 588. Department of Defense authority to carry out personnel
recovery reintegration and post-isolation support activities.
Sec. 589. Military adaptive sports program.
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration
Program.
Sec. 591. Army National Military Cemeteries.
Sec. 592. Inspection of military cemeteries under jurisdiction of the
military departments.
Sec. 593. Authorization for award of the distinguished service cross for
Captain Fredrick L. Spaulding for acts of valor during the
Vietnam War.
Sec. 594. Authorization and request for award of Medal of Honor to Emil
Kapaun for acts of valor during the Korean War.
Sec. 595. Review regarding award of Medal of Honor to Jewish American
World War I veterans.
Sec. 596. Report on process for expedited determination of disability of
members of the Armed Forces with certain disabling
conditions.
Sec. 597. Comptroller General study of military necessity of Selective
Service System and alternatives.
Sec. 598. Evaluation of issues affecting disposition of remains of
American sailors killed in the explosion of the ketch U.S.S.
Intrepid in Tripoli Harbor on September 4, 1804.
Subtitle A--Officer Personnel Policy Generally
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS
OFFICERS ON ACTIVE DUTY IN GRADES OF
MAJOR, LIEUTENANT COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by striking the items relating to the total
number of commissioned officers (excluding officers in categories
specified in subsection (b) of such section) serving on active duty in
the Marine Corps in the grades of major, lieutenant colonel, and
colonel, respectively, and inserting the following new items:
``10,000 2,802 1,615 633
12,500 3,247 1,768 658
15,000 3,691 1,922 684
17,500 4,135 2,076 710
20,000 4,579 2,230 736
22,500 5,024 2,383 762
25,000 5,468 2,537 787''.
SEC. 502. GENERAL OFFICER AND FLAG OFFICER REFORM.
(a) Removal of Certain Positions From Exception to Distribution
Limits.--
(1) Removal of positions.--Subsection (b) of section 525 of
title 10, United States Code, is amended to read as follows:
``(b) The limitations of subsection (a) do not include the
following:
[[Page 1387]]
``(1) <> An officer released from a
joint duty assignment, but only during the 60-day period
beginning on the date the officer departs the joint duty
assignment, except that the Secretary of Defense may authorize
the Secretary of a military department to extend the 60-day
period by an additional 120 days, but no more than three
officers from each armed forces may be on active duty who are
excluded under this paragraph.
``(2) The number of officers required to serve in joint duty
assignments as authorized by the Secretary of Defense under
section 526(b) for each military service.''.
(2) Effective <> date.--The
amendment made by paragraph (1) shall take effect on January 1,
2012.
(b) Limitation on Number of General and Flag Officers on Active
Duty.--
(1) Limitation; exclusion for joint duty requirements.--
Section 526 of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``230'' and
inserting ``231'';
(ii) in paragraph (2), by striking ``160'' and
inserting ``161'';
(iii) in paragraph (3), by striking ``208''
and inserting ``198''; and
(iv) in paragraph (4), by striking ``60'' and
inserting ``61''; and
(B) in subsection (b)(2)(C), by striking ``76'' and
inserting ``73''.
(2) Distribution limitation.--Section 525(a) of such title
is amended--
(A) in paragraph (1)(B), by striking ``45'' and
inserting ``46'';
(B) in paragraph (2)(B), by striking ``43'' and
inserting ``44'';
(C) in paragraph (3)(B), by striking ``32'' and
inserting ``33''; and
(D) in paragraph (4)(C), by striking ``22'' and
inserting ``23''.
(3) Effective <> date.--The
amendments made by this subsection shall take effect on October
1, 2013.
(c) Limited Exclusion for Joint Duty Assignments From Authorized
Strength Limitation.--
(1) Exclusion.--Subsection (b) of section 526 of such title
is amended by striking ``324'' and inserting ``310''.
(2) Effective <> date.--The
amendment made by paragraph (1) shall take effect on January 1,
2012.
(d) Elimination of Complete Exclusion for Officers Serving in
Certain Intelligence Positions.--
(1) Elimination of current broad exclusion.--Section 528 of
such title is amended by striking subsections (b), (c), and (d)
and inserting the following new subsections:
``(b) Director and Deputy Director of CIA.--When the position of
Director or Deputy Director of the Central Intelligence Agency is held
by an officer of the armed forces, the position, so long as the officer
serves in the position, shall be designated, pursuant to subsection (b)
of section 526 of this title, as one of the general officer and flag
officer positions to be excluded from the limitations in subsection (a)
of such section.
[[Page 1388]]
``(c) Associate Director of Military Affairs, CIA.--When the
position of Associate Director of Military Affairs, Central Intelligence
Agency, or any successor position, is held by an officer of the armed
forces, the position, so long as the officer serves in the position,
shall be designated, pursuant to subsection (b) of section 526 of this
title, as one of the general officer and flag officer positions to be
excluded from the limitations in subsection (a) of such section.
``(d) Officers Serving in Office of DNI.--When a position in the
Office of the Director of National Intelligence designated by agreement
between the Secretary of Defense and the Director of National
Intelligence is held by a general officer or flag officer of the armed
forces, the position, so long as the officer serves in the position,
shall be designated, pursuant to subsection (b) of section 526 of this
title, as one of the general officer and flag officer positions to be
excluded from the limitations in subsection (a) of such section.
However, not more than five of such positions may be included among the
excluded positions at any time.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 528. Officers serving in certain intelligence positions:
military status; application of distribution and
strength limitations; pay and allowances''.
(B) Table of sections.--The table of sections at the
beginning of chapter 32 of such title is amended by
striking the item relating to section 528 and inserting
the following new item:
``528. Officers serving in certain intelligence positions: military
status; application of distribution and strength limitations;
pay and allowances.''.
SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.
(a) Waiver Authority for Officers Not Designated as Joint Qualified
Officers.--Subsection (b) of section 663 of title 10, United States
Code, is amended--
(1) in paragraph (1), by inserting after ``to a joint duty
assignment'' the following: ``(or, as authorized by the
Secretary in an individual case, to a joint assignment other
than a joint duty assignment)''; and
(2) in paragraph (2)--
(A) by striking ``the joint duty assignment'' and
inserting ``the assignment''; and
(B) by striking ``a joint duty assignment'' and
inserting ``such an assignment''.
(b) Exception.--Such section is further amended by adding at the end
the following new subsection:
``(d) Exception for Officers Graduating From Other-than-in-residence
Programs.--(1) Subsection (a) does not apply to an officer graduating
from a school within the National Defense University specified in
subsection (c) following pursuit of a program on an other-than-in-
residence basis.
``(2) Subsection (b) does not apply with respect to any group of
officers graduating from a school within the National Defense University
specified in subsection (c) following pursuit of a program on an other-
than-in-residence basis.''.
[[Page 1389]]
SEC. 504. VOLUNTARY RETIREMENT INCENTIVE MATTERS.
(a) Additional Voluntary Retirement Incentive Authority.--
(1) In general.--Chapter 36 of title 10, United States Code,
is amended by inserting after section 638a the following new
section:
``Sec. 638b. <> Voluntary retirement incentive
``(a) Incentive for Voluntary Retirement for Certain Officers.--The
Secretary of Defense may authorize the Secretary of a military
department to provide a voluntary retirement incentive payment in
accordance with this section to an officer of the armed forces under
that Secretary's jurisdiction who is specified in subsection (c) as
being eligible for such a payment.
``(b) Limitations.--(1) <> Any authority
provided the Secretary of a military department under this section shall
expire as specified by the Secretary of Defense, but not later than
December 31, 2018.
``(2) The total number of officers who may be provided a voluntary
retirement incentive payment under this section may not exceed 675
officers.
``(c) Eligible Officers.--(1) Except as provided in paragraph (2),
an officer of the armed forces is eligible for a voluntary retirement
incentive payment under this section if the officer--
``(A) has served on active duty for more than 20 years, but
not more than 29 years, on the approved date of retirement;
``(B) meets the minimum length of commissioned service
requirement for voluntary retirement as a commissioned officer
in accordance with section 3911, 6323, or 8911 of this title, as
applicable to that officer;
``(C) on the approved date of retirement, has 12 months or
more remaining on active-duty service before reaching the
maximum retirement years of active service for the member's
grade as specified in section 633 or 634 of this title;
``(D) on the approved date of retirement, has 12 months or
more remaining on active-duty service before reaching the
maximum retirement age under any other provision of law; and
``(E) meets any additional requirements for such eligibility
as is specified by the Secretary concerned, including any
requirement relating to years of service, skill rating, military
specialty or competitive category, grade, any remaining period
of obligated service, or any combination thereof.
``(2) The following officers are not eligible for a voluntary
retirement incentive payment under this section:
``(A) An officer being evaluated for disability under
chapter 61 of this title.
``(B) An officer projected to be retired under section 1201
or 1204 of this title.
``(C) An officer projected to be discharged with disability
severance pay under section 1212 of this title.
``(D) A member transferred to the temporary disability
retired list under section 1202 or 1205 of this title.
``(E) An officer subject to pending disciplinary action or
subject to administrative separation or mandatory discharge
under any other provision of law or regulation.
[[Page 1390]]
``(d) Amount of Payment.--The amount of the voluntary retirement
incentive payment paid an officer under this section shall be an amount
determined by the Secretary concerned, but not to exceed an amount equal
to 12 times the amount of the officer's monthly basic pay at the time of
the officer's retirement. The amount may be paid in a lump sum at the
time of retirement.
``(e) Repayment for Members Who Return to Active Duty.--(1) Except
as provided in paragraph (2), a member of the armed forces who, after
having received all or part of a voluntary retirement incentive under
this section, returns to active duty shall have deducted from each
payment of basic pay, in such schedule of monthly installments as the
Secretary concerned shall specify, until the total amount deducted from
such basic pay equals the total amount of voluntary retirement incentive
received.
``(2) Members who are involuntarily recalled to active duty or full-
time National Guard duty under any provision of law shall not be subject
to this subsection.
``(3) <> The Secretary of Defense may
waive, in whole or in part, repayment required under paragraph (1) if
the Secretary determines that recovery would be against equity and good
conscience or would be contrary to the best interest of the United
States. The authority in this paragraph may be delegated only to the
Under Secretary of Defense for Personnel and Readiness and the Principal
Deputy Under Secretary of Defense of Personnel and Readiness.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 36 of such title is
amended by inserting after the item relating to section 638a the
following new item:
``638b. Voluntary retirement incentive.''.
(b) <> Reinstatement of Certain Temporary
Early Retirement Authority.--
(1) Reinstatement.--Subsection (i) of section 4403 of the
National Defense Authorization Act for Fiscal Year 1993 (10
U.S.C. 1293 note) is amended--
(A) by inserting ``(1)'' before ``the period''; and
(B) <> by inserting before the
period at the end the following: ``, and (2) the period
beginning on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2012 and
ending on December 31, 2018''.
(2) Inapplicability of certain provisions.--Such section is
further amended by striking subsection (c) and inserting the
following new subsection (c):
``(c) Inapplicability of Certain Provisions.--
``(1) Increased retired pay for public or community
service.--The provisions of section 4464 of this Act (10 U.S.C.
1143a note) shall not apply with respect to a member or former
member retired by reason of eligibility under this section
during the active force drawdown period specified in subsection
(i)(2).
``(2) Coast guard and noaa.--During the period specified in
subsection (i)(2), this section does not apply as follows:
``(A) To members of the Coast Guard, notwithstanding
section 542(d) of the National Defense Authorization Act
for Fiscal Year 1995 (10 U.S.C. 1293 note).
``(B) To members of the commissioned corps of the
National Oceanic and Atmospheric Administration,
notwithstanding section 566(c) of the National Defense
[[Page 1391]]
Authorization Act for Fiscal Year 1995 (Public Law 104-
106; 10 U.S.C. 1293 note).''.
(3) Coordination with other separation provisions.--Such
section is further amended--
(A) in subsection (g), by striking ``, 1174a, or
1175'' and inserting ``or 1175a''; and
(B) in subsection (h)--
(i) in the subsection heading, by striking
``SSB or VSI'' and inserting ``SSB, VSI, or VSP'';
(ii) by inserting before the period at the end
of the first sentence the following: ``or who
before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2012 was
separated from active duty pursuant to an
agreement entered into under section 1175a of such
title''; and
(iii) in the second sentence, by striking
``under section 1174a or 1175 of title 10, United
States Code''.
Subtitle B--Reserve Component Management
SEC. 511. LEADERSHIP OF NATIONAL GUARD BUREAU.
(a) Chief of the National Guard Bureau.--
(1) Grade and exclusion from general and flag officer
authorized strength.--Subsection (d) of section 10502 of title
10, United States Code, is amended to read as follows:
``(d) Grade and Exclusion From General and Flag Officer Authorized
Strength.--(1) The <> Chief of the National Guard
Bureau shall be appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of Chief of
the National Guard Bureau as one of the general officer and flag officer
positions to be excluded from the limitations in subsection (a) of such
section.''.
(2) Succession.--Subsection (e) of such section is amended
to read as follows:
``(e) Succession.--(1) When there is a vacancy in the office of the
Chief of the National Guard Bureau or in the absence or disability of
the Chief, the Vice Chief of the National Guard Bureau acts as Chief and
performs the duties of the Chief until a successor is appointed or the
absence or disability ceases.
``(2) When there is a vacancy in the offices of both the Chief and
the Vice Chief of the National Guard Bureau or in the absence or
disability of both the Chief and the Vice Chief of the National Guard
Bureau, or when there is a vacancy in one such office and in the absence
or disability of the officer holding the other, the senior officer of
the Army National Guard of the United States or the Air National Guard
of the United States on duty with the National Guard Bureau shall
perform the duties of the Chief until a successor to the Chief or Vice
Chief is appointed or the absence or disability of the Chief or Vice
Chief ceases, as the case may be.''.
(3) Exclusion for chief of national guard bureau from
general officer distribution limitations.--Section 525 of such
title is amended--
[[Page 1392]]
(A) in subsection (b)(1), by striking subparagraph
(D); and
(B) in subsection (g)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as
paragraph (2).
(b) Vice Chief of the National Guard Bureau.--
(1) <> Redesignation of
director of the joint staff of the national guard bureau.--
Subsection (a)(1) of section 10505 of such title is amended by
striking ``Director of the Joint Staff of the National Guard
Bureau, selected by the Secretary of Defense from'' and
inserting ``Vice Chief of the National Guard Bureau, appointed
by the President, by and with the advice and consent of the
Senate. The appointment shall be made from''.
(2) Eligibility requirements.--Subsection (a)(1) of such
section is further amended--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(B) in subparagraph (E), as so redesignated, by
striking ``colonel'' and inserting ``brigadier
general''; and
(C) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) are recommended by the Secretary of the Army, in the
case of officers of the Army National Guard of the United
States, or by the Secretary of the Air Force, in the case of
officers of the Air National Guard of the United States, and by
the Secretary of Defense;
``(C) are determined by the Chairman of the Joint Chiefs of
Staff, in accordance with criteria and as a result of a process
established by the Chairman, to have significant joint duty
experience;''.
(3) Grade and exclusion from general and flag officer
authorized strength.--Subsection (c) of such section is amended
to read as follows:
``(c) Grade and Exclusion From General and Flag Officer Authorized
Strength.--(1) The <> Vice Chief of the National
Guard Bureau shall be appointed to serve in the grade of lieutenant
general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of Vice Chief
of the National Guard Bureau as one of the general officer and flag
officer positions to be excluded from the limitations in subsection (a)
of such section.''.
(c) Conforming Amendments Regarding References to Director.--
(1) Cross references in section 10505.--Section 10505 of
such title is further amended--
(A) in subsection (a)--
(i) in paragraphs (2), (3), and (4), by
striking ``Director of the Joint Staff'' each
place in appears and inserting ``Vice Chief''; and
(ii) in paragraph (3)(B), by striking ``as the
Director'' and inserting ``as the Vice Chief'';
and
(B) in subsection (b), by striking ``Director of the
Joint Staff'' and inserting ``Vice Chief''.
[[Page 1393]]
(2) Cross references in section 10506.--Section 10506(a)(1)
of such title is amended by striking ``Chief of the National
Guard Bureau and the Director of the Joint Staff'' and inserting
``Chief and Vice Chief''.
(3) <> Other references.--Any
reference in any law, regulation, document, paper, or other
record of the United States to the Director of the Joint Staff
of the National Guard Bureau shall be deemed to be a reference
to the Vice Chief of the National Guard Bureau.
(d) Clerical Amendments.--
(1) Section heading.--The heading for section 10505 of such
title is amended to read as follows:
``Sec. 10505. Vice Chief of the National Guard Bureau''.
(2) Table of sections.--The item relating to such section in
the table of sections at the beginning of chapter 1011 of such
title is amended to read as follows:
``10505. Vice Chief of the National Guard Bureau.''.
(e) <> Treatment of Current Director of
the Joint Staff of the National Guard Bureau.--The officer who is
serving as Director of the Joint Staff of the National Guard Bureau on
the date of the enactment of this Act shall serve, in the grade of major
general, as acting Vice Chief of the National Guard Bureau until the
appointment of a Vice Chief of the National Guard Bureau in accordance
with subsection (a) of section 10505 of title 10, United States Code, as
amended by subsection (b). Notwithstanding the amendment made by
subsection (b)(3), the acting Vice Chief of the National Guard Bureau
shall not be excluded from the limitations in section 526(a) of such
title.
SEC. 512. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD BUREAU ON
THE JOINT CHIEFS OF STAFF.
(a) Membership on Joint Chiefs of Staff.--Section 151(a) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(7) The Chief of the National Guard Bureau.''.
(b) Duties as Member of Joint Chiefs of Staff.--Section 10502 of
such title is amended--
(1) by redesignating subsections (d) and (e), as amended by
section 511(a), as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Member of Joint Chiefs of Staff.--As a member of the Joint
Chiefs of Staff, the Chief of the National Guard Bureau has the specific
responsibility of addressing matters involving non-Federalized National
Guard forces in support of homeland defense and civil support
missions.''.
SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING
MUST BE PROVIDED TO RESERVE COMPONENT
MEMBERS BEING DEMOBILIZED.
Section 1142(a)(3)(B) of title 10, United States Code, is amended by
inserting ``or in the event a member of a reserve component is being
demobilized under circumstances in which (as determined by the Secretary
concerned) operational requirements make the 90-day requirement under
subparagraph (A) unfeasible,'' after ``or separation date,''.
[[Page 1394]]
SEC. 514. CLARIFICATION OF APPLICABILITY OF AUTHORITY FOR DEFERRAL
OF MANDATORY SEPARATION OF MILITARY
TECHNICIANS (DUAL STATUS) UNTIL AGE 60.
(a) Discretionary Deferral of Mandatory Separation.--Section
10216(f) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``Authority
for'' before ``Deferral of Mandatory Separation'';
(2) by striking ``shall implement'' and inserting ``may each
implement'';
(3) by inserting ``, at the discretion of the Secretary
concerned,'' after ``so as to allow''; and
(4) by striking ``for officers''.
(b) Conforming Amendment.--Section 10218(a)(3)(A)(i) of such title
is amended by striking ``if qualified be appointed'' and inserting ``if
qualified may be appointed''.
SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE
CORPS RESERVE, AND AIR FORCE RESERVE TO
ACTIVE DUTY TO PROVIDE ASSISTANCE IN
RESPONSE TO A MAJOR DISASTER OR EMERGENCY.
(a) Authority.--
(1) In general.--Chapter 1209 of title 10, United States
Code, is amended by inserting after section 12304 the following
new section:
``Sec. 12304a. <> Army Reserve, Navy
Reserve, Marine Corps Reserve, and Air Force
Reserve: order to active duty to provide
assistance in response to a major disaster
or emergency
``(a) Authority.--When <> a Governor requests
Federal assistance in responding to a major disaster or emergency (as
those terms are defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), the
Secretary of Defense may, without the consent of the member affected,
order any unit, and any member not assigned to a unit organized to serve
as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, and
Air Force Reserve to active duty for a continuous period of not more
than 120 days to respond to the Governor's request.
``(b) Exclusion From Strength Limitations.--Members ordered to
active duty under this section shall not be counted in computing
authorized strength of members on active duty or members in grade under
this title or any other law.
``(c) Termination of Duty.--Whenever any unit or member of the
reserve components is ordered to active duty under this section, the
service of all units or members so ordered to active duty may be
terminated by order of the Secretary of Defense or law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1209 of such title is amended by inserting
[[Page 1395]]
after the item relating to section 12304 the following new item:
``12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force
Reserve: order to active duty to provide assistance in
response to a major disaster or emergency.''.
(b) Treatment of Operations as Contingency Operations.--Section
101(a)(13)(B) of such title is amended by inserting ``12304a,'' after
``12304,''.
(c) Usual <> and Customary Arrangement.--
(1) Dual-status commander.--When the Armed Forces and the
National Guard are employed simultaneously in support of civil
authorities in the United States, appointment of a commissioned
officer as a dual-status commander serving on active duty and
duty in, or with, the National Guard of a State under sections
315 or 325 of title 32, United States Code, as commander of
Federal forces by Federal authorities and as commander of State
National Guard forces by State authorities, should be the usual
and customary command and control arrangement, including for
missions involving a major disaster or emergency as those terms
are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain
of command for the Armed Forces shall remain in accordance with
sections 162(b) and 164(c) of title 10, United States Code.
(2) State authorities supported.--When a major disaster or
emergency occurs in any area subject to the laws of any State,
Territory, or the District of Columbia, the Governor of the
State affected normally should be the principal civil authority
supported by the primary Federal agency and its supporting
Federal entities, and the Adjutant General of the State or his
or her subordinate designee normally should be the principal
military authority supported by the dual-status commander when
acting in his or her State capacity.
(3) Rule of construction.--Nothing in paragraphs (1) or (2)
shall be construed to preclude or limit, in any way, the
authorities of the President, the Secretary of Defense, or the
Governor of any State to direct, control, and prescribe command
and control arrangements for forces under their command.
SEC. 516. AUTHORITY FOR ORDER TO ACTIVE DUTY OF UNITS OF THE
SELECTED RESERVE FOR PREPLANNED MISSIONS
IN SUPPORT OF THE COMBATANT COMMANDS.
(a) Authority.--
(1) In general.--Chapter 1209 of title 10, United States
Code, as amended by section 515, is further amended by inserting
after section 12304a the following new section:
``Sec. 12304b. <> Selected Reserve: order to
active duty for preplanned missions in
support of the combatant commands
``(a) Authority.--When <> the Secretary of a
military department determines that it is necessary to augment the
active forces for a preplanned mission in support of a combatant
command, the Secretary may, subject to subsection (b), order any unit of
the
[[Page 1396]]
Selected Reserve (as defined in section 10143(a) of this title), without
the consent of the members, to active duty for not more than 365
consecutive days.
``(b) Limitations.--(1) Units may be ordered to active duty under
this section only if--
``(A) the manpower and associated costs of such active duty
are specifically included and identified in the defense budget
materials for the fiscal year or years in which such units are
anticipated to be ordered to active duty; and
``(B) the budget information on such costs includes a
description of the mission for which such units are anticipated
to be ordered to active duty and the anticipated length of time
of the order of such units to active duty on an involuntary
basis.
``(2) Not more than 60,000 members of the reserve components of the
armed forces may be on active duty under this section at any one time.
``(c) Exclusion From Strength Limitations.--Members ordered to
active duty under this section shall not be counted in computing
authorized strength in members on active duty or total number of members
in grade under this title or any other law.
``(d) Notice <> to Congress.--Whenever the
Secretary of a military department orders any unit of the Selected
Reserve to active duty under subsection (a), such Secretary shall submit
to Congress a report, in writing, setting forth the circumstances
necessitating the action taken under this section and describing the
anticipated use of such unit.
``(e) Termination of Duty.--Whenever any unit of the Selected
Reserve is ordered to active duty under subsection (a), the service of
all units so ordered to active duty may be terminated--
``(1) by order of the Secretary of the military department
concerned; or
``(2) by law.
``(f) Relationship to War Powers Resolution.--Nothing contained in
this section shall be construed as amending or limiting the application
of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).
``(g) Considerations for Involuntary Order to Active Duty.--In
determining which units of the Selected Reserve will be ordered to duty
without their consent under this section, appropriate consideration
shall be given to--
``(1) the length and nature of previous service, to assure
such sharing of exposure to hazards as national security and
military requirements will reasonably allow;
``(2) the frequency of assignments during service career;
``(3) family responsibilities; and
``(4) employment necessary to maintain the national health,
safety, or interest.
``(h) Policies and Procedures.--The Secretaries of the military
departments shall prescribe policies and procedures to carry out this
section, including on determinations with respect to orders to active
duty under subsection (g). Such policies and procedures shall not go
into effect until approved by the Secretary of Defense.
``(i) Defense Budget Materials Defined.--In this section, the term
`defense budget materials' has the meaning given that term in section
231(g)(2) of this title.''.
[[Page 1397]]
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1209 of such title, as so amended, is
further amended by inserting after the item relating to section
12304a the following new item:
``12304b. Selected Reserve: order to active duty for preplanned missions
in support of the combatant commands.''.
(b) Clarifying Amendments Relating to Authority To Order to Active
Duty Other Than During War or National Emergency.--Section 12304(a) of
such title is amended--
(1) by inserting ``named'' before ``operational mission'';
and
(2) by striking ``365 days'' and inserting ``365 consecutive
days''.
SEC. 517. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR
PROMOTION FOR RESERVE OFFICERS EMPLOYED AS
MILITARY TECHNICIANS (DUAL STATUS).
Section 14301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(i) Reserve Officers Employed as Military Technician (dual
Status).--A reserve officer of the Army or Air Force employed as a
military technician (dual status) under section 10216 of this title who
has been retained beyond the mandatory removal date for years of service
pursuant to subsection (f) of such section or section 14702(a)(2) of
this title is not eligible for consideration for promotion by a
mandatory promotion board convened under section 14101(a) of this
title.''.
SEC. 518. <> CONSIDERATION OF RESERVE
COMPONENT OFFICERS FOR APPOINTMENT TO
CERTAIN COMMAND POSITIONS.
Whenever officers of the Armed Forces are considered for appointment
to the position of Commander, Army North Command or Commander, Air Force
North Command, fully qualified officers of the National Guard and the
Reserves shall be considered for appointment to such position.
SEC. 519. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A
DISTINCT PERSONNEL MANAGEMENT CATEGORY.
(a) Independent Study Required.--The Secretary of Defense shall
conduct an independent study of the feasibility and advisability of
terminating the military technician as a distinct personnel management
category of the Department of Defense.
(b) Elements.--In conducting the study required by subsection (a),
the Secretary shall--
(1) identify various options for deploying units of the
Selected Reserve of the Ready Reserve that otherwise use
military technicians through use of a combination of active duty
personnel, reserve component personnel, State civilian
employees, and Federal civilian employees in a manner that meets
mission requirements without harming unit readiness;
(2) identify various means for the management by the
Department of the transition of military technicians to a system
that relies on traditional personnel categories of active duty
personnel, reserve component personnel, and civilian personnel,
and for the management of any effects of that transition on the
pay and benefits of current military technicians (including
means for mitigating or avoiding such effects in the course of
such transition);
[[Page 1398]]
(3) <> determine whether military
technicians who are employed at the commencement of the
transition described in paragraph (2) should remain as
technicians, whether with or without a military status, until
separation or retirement, rather than transitioned to such a
traditional personnel category;
(4) identify and take into account the unique needs of the
National Guard in the management and use of military
technicians;
(5) <> determine potential cost
savings, if any, to be achieved as a result of the transition
described in paragraph (2), including savings in long-term
mandatory entitlement costs associated with military and civil
service retirement obligations;
(6) <> develop a recommendation on
the feasibility and advisability of terminating the military
technician as a distinct personnel management category, and, if
the termination is determined to be feasible and advisable,
develop recommendations for appropriate legislative and
administrative action to implement the termination;
(7) address any other matter relating to the management and
long-term viability of the military technician as a distinct
personnel management category that the Secretary shall specify
for purposes of the study; and
(8) ensure the involvement and input of military technicians
(dual status).
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report on the study required by subsection (a). The report
shall set forth the results of the study, including the matters
specified in subsection (b), and include such comments and
recommendations on the results of the study as the Secretary considers
appropriate.
Subtitle C--General Service Authorities
SEC. 521. SENSE OF CONGRESS ON THE UNIQUE NATURE, DEMANDS, AND
HARDSHIPS OF MILITARY SERVICE.
It is the sense of Congress that--
(1) section 8 (clauses 12, 13, and 14) of Article I of the
Constitution of the United States commits exclusively to
Congress the powers to raise and support armies, provide and
maintain a Navy, and make rules for the government and
regulation of the land and naval forces;
(2) there is no constitutional right to serve in the Armed
Forces;
(3) pursuant to the powers conferred by section 8 of article
I of the Constitution of the United States, it lies within the
discretion of the Congress to establish qualifications for and
conditions of service in the Armed Forces;
(4) the primary purpose of the Armed Forces is to prepare
for and to prevail in combat should the need arise;
(5) the conduct of military operations requires members of
the Armed Forces to make extraordinary sacrifices, including the
ultimate sacrifice, in order to provide for the common defense;
[[Page 1399]]
(6) success in combat requires military units that are
characterized by high morale, good order and discipline, and
unit cohesion;
(7) one of the most critical elements in combat capability
is unit cohesion, that is, the bonds of trust among individual
members of the Armed Forces that make the combat effectiveness
of a military unit greater than the sum of the combat
effectiveness of individual unit members;
(8) military life is fundamentally different from civilian
life in that--
(A) the extraordinary responsibilities of the Armed
Forces, the unique conditions of military service, and
the critical role of unit cohesion require that the
military community, while subject to civilian control,
exist as a specialized society; and
(B) the military society is characterized by its own
laws, rules, customs, and traditions, including numerous
restrictions on personal behavior, that would not be
acceptable in civilian society;
(9) the standards of conduct for members of the Armed Forces
regulate a member's life for 24 hours each day beginning at the
moment the member enters military status and not ending until
that person is discharged or otherwise separated from the Armed
Forces;
(10) those standards of conduct, including the Uniform Code
of Military Justice, apply to a member of the Armed Forces at
all times that the member has a military status, whether the
member is on base or off base, and whether the member is on duty
or off duty;
(11) the pervasive application of the standards of conduct
is necessary because members of the Armed Forces must be ready
at all times for worldwide deployment to a combat environment;
(12) the worldwide deployment of United States military
forces, the international responsibilities of the United States,
and the potential for involvement of the Armed Forces in actual
combat routinely make it necessary for members of the Armed
Forces involuntarily to accept living conditions and working
conditions that are often spartan, primitive, and characterized
by forced intimacy with little or no privacy; and
(13) the Armed Forces must maintain personnel policies that
are intended to recruit and retain only those persons whose
presence in the Armed Forces serves the needs of the Armed
Forces, contributes to the accomplishment of the missions of the
Armed Forces, and maintains the high standards of the Armed
Forces for morale, good order and discipline, and unit cohesion
that are the essence of military capability.
SEC. 522. POLICY ADDRESSING DWELL TIME AND MEASUREMENT AND DATA
COLLECTION REGARDING UNIT OPERATING TEMPO
AND PERSONNEL TEMPO.
(a) Policy Addressing Dwell Time.--Subsection (a) of section 991 of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) The Secretary of Defense shall prescribe a policy that
addresses the amount of dwell time a member of the armed forces
[[Page 1400]]
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.
[[Page 1401]]
``(3) The term `personnel tempo' means the amount of time
members of the armed forces are engaged in their official duties
at a location or under circumstances that make it infeasible for
a member to spend off-duty time in the housing in which the
member resides.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 991 of such
title is amended to read as follows:
``Sec. 991. Management of deployments of members and measurement
and data collection of unit operating and
personnel tempo''.
(2) Table of sections.--The table of sections at the
beginning of chapter 50 of such title is amended by striking the
item relating to section 991 and inserting the following new
item:
``991. Management of deployments of members and measurement and data
collection of unit operating and personnel tempo.''.
SEC. 523. PROTECTED COMMUNICATIONS BY MEMBERS OF THE ARMED FORCES
AND PROHIBITION OF RETALIATORY PERSONNEL
ACTIONS.
Section 1034(c)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) A threat by another member of the armed forces
or employee of the Federal Government that indicates a
determination or intent to kill or cause serious bodily
injury to members of the armed forces or civilians or
damage to military, Federal, or civilian property.''.
SEC. 524. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN
RESPONSE TO REVIEW OF PROPOSAL FOR AWARD
OF MEDAL OF HONOR NOT PREVIOUSLY SUBMITTED
IN TIMELY FASHION.
Section 1130(b) of title 10, United States Code, is amended by
adding at the end the following new sentence: ``If the determination
includes a favorable recommendation for the award of the Medal of Honor,
the Secretary of Defense, instead of the Secretary concerned, shall make
the submission under this subsection.''.
SEC. 525. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY
DISCHARGE AUTHORITY.
Section 1171 of title 10, United States Code, is amended by striking
``within three months'' and inserting ``within one year''.
SEC. 526. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS
AUTHORITY.
Section 1175a(k)(1) of title 10, United States Code, is amended by
striking ``December 31, 2012'' and inserting ``December 31, 2018''.
SEC. 527. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS FOR
UNSUITABILITY BASED ON THE SAME MEDICAL
CONDITION FOR WHICH THEY WERE DETERMINED
TO BE FIT FOR DUTY.
(a) Prohibition.--Subsection (a) of section 1214a of title 10,
United States Code, is amended by inserting ``, or deny reenlistment of
the member,'' after ``a member described in subsection (b)''.
[[Page 1402]]
(b) Conforming Amendment.--Subsection (c)(3) of such section is
amended by inserting ``or denial of reenlistment'' after ``to warrant
administrative separation''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1214a. Members determined fit for duty in Physical
Evaluation Board: prohibition on involuntary
administrative separation or denial of
reenlistment due to unsuitability based on
medical conditions considered in evaluation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 61 of such title is amended by striking the
item relating to section 1214a and inserting the following new
item:
``1214a. Members determined fit for duty in Physical Evaluation Board:
prohibition on involuntary administrative separation or
denial of reenlistment due to unsuitability based on medical
conditions considered in evaluation.''.
SEC. 528. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DISPOSITION
OF REMAINS OF MEMBERS OF THE ARMED FORCES.
Section 1482(c) of title 10, United States Code, is amended--
(1) by striking ``Only the'' in the matter preceding
paragraph (1) and inserting ``The'';
(2) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(3) in paragraph (5), as so redesignated, by striking
``clauses (1)-(3)'' and inserting ``paragraphs (1) through
(4)''; and
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) The person identified by the decedent on the record of
emergency data maintained by the Secretary concerned (DD Form 93
or any successor to that form), as the Person Authorized to
Direct Disposition (PADD), regardless of the relationship of the
designee to the decedent.''.
SEC. 529. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS
OF THE ARMED FORCES AND THEIR SPOUSES.
Section 1142(b) of title 10, United States Code, is amended--
(1) in paragraph (5), by striking ``job placement counseling
for the spouse'' and inserting ``inclusion of the spouse, at the
discretion of the member and the spouse, when counseling
regarding the matters covered by paragraphs (9), (10), and (16)
is provided, job placement counseling for the spouse, and the
provision of information on survivor benefits available under
the laws administered by the Secretary of Defense or the
Secretary of Veterans Affairs'';
(2) in paragraph (9), by inserting before the period the
following: ``, including information on budgeting, saving,
credit, loans, and taxes'';
(3) in paragraph (10), by striking ``and employment'' and
inserting ``, employment, and financial'';
(4) by striking paragraph (16) and inserting the following
new paragraph:
``(16) Information on home loan services and housing
assistance benefits available under the laws administered by the
[[Page 1403]]
Secretary of Veterans Affairs and counseling on responsible
borrowing practices.''; and
(5) in paragraph (17), by inserting before the period the
following: ``, and information regarding the means by which the
member can receive additional counseling regarding the member's
actual entitlement to such benefits and apply for such
benefits''.
SEC. 530. CONVERSION OF HIGH-DEPLOYMENT ALLOWANCE FROM MANDATORY
TO AUTHORIZED.
(a) Conversion.--Section 436(a) of title 37, United States Code, is
amended by striking ``shall pay'' and inserting ``may pay''.
(b) <> Effective Date.--The amendment made
by subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
SEC. 531. <> EXTENSION OF AUTHORITY
TO CONDUCT PROGRAMS ON CAREER FLEXIBILITY
TO ENHANCE RETENTION OF MEMBERS OF THE
ARMED FORCES.
(a) Duration of Program Authority.--Subsection (l) of section 533 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 10 U.S.C. 701 note) is amended to read as
follows:
``(l) Duration of Program Authority.--No member of the Armed Forces
may be released from active duty under a pilot program conducted under
this section after December 31, 2015.''.
(b) Continuation of Annual Limitation on Selection of
Participants.--Subsection (c) of such section is amended by striking
``each of calendar years 2009 through 2012'' and inserting ``a calendar
year''.
(c) Additional Reports Required.--Subsection (k) of such section is
amended--
(1) in paragraph (1), by striking ``June 1, 2011, and June
1, 2013'' and inserting ``June 1 of 2011, 2013, 2015, and
2017''; and
(2) in paragraph (2), by striking ``March 1, 2016'' and
inserting ``March 1, 2019''.
SEC. <> 532. POLICY ON MILITARY
RECRUITMENT AND ENLISTMENT OF GRADUATES OF
SECONDARY SCHOOLS.
(a) Equal Treatment for Secondary School Graduates.--
(1) Equal treatment.--For the purposes of recruitment and
enlistment in the Armed Forces, the Secretary of a military
department shall treat a graduate described in paragraph (2) in
the same manner as a graduate of a secondary school (as defined
in section 9101(38) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(38)).
(2) <> Covered graduates.--Paragraph
(1) applies with respect to person who--
(A) receives a diploma from a secondary school that
is legally operating; or
(B) otherwise completes a program of secondary
education in compliance with the education laws of the
State in which the person resides.
(b) <> Policy on Recruitment and Enlistment.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall prescribe a policy on recruitment and
enlistment that incorporates the following:
[[Page 1404]]
(1) Means for identifying persons described in subsection
(a)(2) who are qualified for recruitment and enlistment in the
Armed Forces, which may include the use of a non-cognitive
aptitude test, adaptive personality assessment, or other
operational attrition screening tool to predict performance,
behaviors, and attitudes of potential recruits that influence
attrition and the ability to adapt to a regimented life in the
Armed Forces.
(2) Means for assessing how qualified persons fulfill their
enlistment obligation.
(3) Means for maintaining data, by each diploma source,
which can be used to analyze attrition rates among qualified
persons.
(c) Recruitment Plan.--As part of the policy required by subsection
(b), the Secretary of each of the military departments shall develop a
recruitment plan that includes a marketing strategy for targeting
various segments of potential recruits with all types of secondary
education credentials.
(d) Communication Plan.--The Secretary of each of the military
departments shall develop a communication plan to ensure that the policy
and recruitment plan are understood by military recruiters.
SEC. 533. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM.
(a) <> Program Enhancement.--The Secretary
of Defense shall take appropriate actions to enhance the suicide
prevention program of the Department of Defense through the provision of
suicide prevention information and resources to members of the Armed
Forces from their initial enlistment or appointment through their final
retirement or separation.
(b) <> Cooperative Effort.--The Secretary
of Defense shall develop suicide prevention information and resources in
consultation with--
(1) the Secretary of Veterans Affairs, the National
Institute of Mental Health, and the Substance Abuse and Mental
Health Services Administration of the Department of Health and
Human Services; and
(2) to the extent appropriate, institutions of higher
education and other public and private entities, including
international entities, with expertise regarding suicide
prevention.
(c) Preseparation Counseling Regarding Suicide Prevention
Resources.--Section 1142(b)(8) of title 10, United States Code, is
amended by inserting before the period the following: ``and the
availability to the member and dependents of suicide prevention
resources following separation from the armed forces''.
Subtitle D--Military Justice and Legal Matters
SEC. 541. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL ASSAULT, AND
OTHER SEXUAL MISCONDUCT UNDER THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) Rape and Sexual Assault Generally.--Section 920 of title 10,
United States Code (article 120 of the Uniform Code of Military
Justice), is amended as follows:
[[Page 1405]]
(1) Revised offense of rape.--Subsection (a) is amended to
read as follows:
``(a) Rape.--Any person subject to this chapter who commits a sexual
act upon another person by--
``(1) using unlawful force against that other person;
``(2) using force causing or likely to cause death or
grievous bodily harm to any person;
``(3) threatening or placing that other person in fear that
any person will be subjected to death, grievous bodily harm, or
kidnapping;
``(4) first rendering that other person unconscious; or
``(5) administering to that other person by force or threat
of force, or without the knowledge or consent of that person, a
drug, intoxicant, or other similar substance and thereby
substantially impairing the ability of that other person to
appraise or control conduct;
is guilty of rape and shall be punished as a court-martial may
direct.''.
(2) Repeal of provisions relating to offenses replaced by
new article 120b.--Subsections (b), (d), (f), (g), (i), (j), and
(o) are repealed.
(3) Revised offense of sexual assault.--Subsection (c) is
redesignated as subsection (b) and is amended to read as
follows:
``(b) Sexual Assault.--Any person subject to this chapter who--
``(1) commits a sexual act upon another person by--
``(A) threatening or placing that other person in
fear;
``(B) causing bodily harm to that other person;
``(C) making a fraudulent representation that the
sexual act serves a professional purpose; or
``(D) inducing a belief by any artifice, pretense,
or concealment that the person is another person;
``(2) commits a sexual act upon another person when the
person knows or reasonably should know that the other person is
asleep, unconscious, or otherwise unaware that the sexual act is
occurring; or
``(3) commits a sexual act upon another person when the
other person is incapable of consenting to the sexual act due
to--
``(A) impairment by any drug, intoxicant, or other
similar substance, and that condition is known or
reasonably should be known by the person; or
``(B) a mental disease or defect, or physical
disability, and that condition is known or reasonably
should be known by the person;
is guilty of sexual assault and shall be punished as a court-martial may
direct.''.
(4) Aggravated sexual contact.--Subsection (e) is
redesignated as subsection (c) and is amended--
(A) by striking ``engages in'' and inserting
``commits''; and
(B) by striking ``with'' and inserting ``upon''.
(5) Abusive sexual contact.--Subsection (h) is redesignated
as subsection (d) and is amended--
(A) by striking ``engages in'' and inserting
``commits'';
(B) by striking ``with'' and inserting ``upon''; and
[[Page 1406]]
(C) by striking ``subsection (c) (aggravated sexual
assault)'' and inserting ``subsection (b) (sexual
assault)''.
(6) Repeal of provisions relating to offenses replaced by
new article 120c.--Subsections (k), (l), (m), and (n) are
repealed.
(7) Proof of threat.--Subsection (p) is redesignated as
subsection (e) and is amended--
(A) by striking ``the accused made'' and inserting
``a person made'';
(B) by striking ``the accused actually'' and
inserting ``the person actually''; and
(C) by inserting before the period at the end the
following: ``or had the ability to carry out the
threat''.
(8) Defenses.--Subsection (q) is redesignated as subsection
(f) and is amended to read as follows:
``(f) Defenses.--An accused may raise any applicable defenses
available under this chapter or the Rules for Court-Martial. Marriage is
not a defense for any conduct in issue in any prosecution under this
section.''.
(9) <> Provisions relating to affirmative
defenses.--Subsections (r) and (s) are repealed.
(10) Definitions.--Subsection (t) is redesignated as
subsection (g) and is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
anus or mouth'' after ``vulva''; and
(ii) in subparagraph (B)--
(I) by striking ``genital opening''
and inserting ``vulva or anus or
mouth,''; and
(II) by striking ``a hand or
finger'' and inserting ``any part of the
body'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Sexual contact.--The term `sexual contact' means--
``(A) touching, or causing another person to touch,
either directly or through the clothing, the genitalia,
anus, groin, breast, inner thigh, or buttocks of any
person, with an intent to abuse, humiliate, or degrade
any person; or
``(B) any touching, or causing another person to
touch, either directly or through the clothing, any body
part of any person, if done with an intent to arouse or
gratify the sexual desire of any person.
Touching may be accomplished by any part of the body.''.
(C) by striking paragraph (4) and redesignating
paragraph (3) as paragraph (4);
(D) by redesignating paragraph (8) as paragraph (3),
transferring that paragraph so as to appear after
paragraph (2), and amending that paragraph by inserting
before the period at the end the following: ``,
including any nonconsensual sexual act or nonconsensual
sexual contact'';
(E) in paragraph (4), as redesignated by
subparagraph (C), by striking the last sentence;
(F) by striking paragraphs (5) and (7);
(G) by redesignating paragraph (6) as paragraph (7);
(H) by inserting after paragraph (4), as
redesignated by subparagraph (C), the following new
paragraphs (5) and (6):
[[Page 1407]]
``(5) Force.--The term `force' means--
``(A) the use of a weapon;
``(B) the use of such physical strength or violence
as is sufficient to overcome, restrain, or injure a
person; or
``(C) inflicting physical harm sufficient to coerce
or compel submission by the victim.
``(6) Unlawful force.--The term `unlawful force' means an
act of force done without legal justification or excuse.'';
(I) in paragraph (7), as redesignated by
subparagraph (G)--
(i) by striking ``under paragraph (3)'' and
all that follows through ``contact),''; and
(ii) by striking ``death, grievous bodily
harm, or kidnapping'' and inserting ``the wrongful
action contemplated by the communication or
action.'';
(J) by striking paragraphs (9) through (13);
(K) by redesignating paragraph (14) as paragraph (8)
and in that paragraph--
(i) by inserting ``(A)'' before ``The term'';
(ii) by striking ``words or overt acts
indicating'' and ``sexual'' in the first sentence;
(iii) by striking ``accused's'' in the third
sentence;
(iv) by inserting ``or social or sexual''
before ``relationship'' in the fourth sentence;
(v) by striking ``sexual'' before ``conduct''
in the fourth sentence;
(vi) by striking ``A person cannot consent''
and all that follows through the period; and
(vii) by adding at the end the following new
subparagraphs:
``(B) A sleeping, unconscious, or incompetent person
cannot consent. A person cannot consent to force causing
or likely to cause death or grievous bodily harm or to
being rendered unconscious. A person cannot consent
while under threat or in fear or under the circumstances
described in subparagraph (C) or (D) of subsection
(b)(1).
``(C) Lack of consent may be inferred based on the
circumstances of the offense. All the surrounding
circumstances are to be considered in determining
whether a person gave consent, or whether a person did
not resist or ceased to resist only because of another
person's actions.''; and
(L) by striking paragraphs (15) and (16).
(11) Section heading.--The heading of such section (article)
is amended to read as follows:
``Sec. 920. Art. 120. Rape and sexual assault generally''.
(b) Rape and Sexual Assault of a Child.--Chapter 47 of such title
(the Uniform Code of Military Justice) is amended by inserting after
section 920a (article 120a), as amended by subsection (a), the following
new section (article):
``Sec. 920b. <> Art. 120b. Rape and sexual
assault of a child
``(a) Rape of a Child.--Any person subject to this chapter who--
``(1) commits a sexual act upon a child who has not attained
the age of 12 years; or
[[Page 1408]]
``(2) commits a sexual act upon a child who has attained the
age of 12 years by--
``(A) using force against any person;
``(B) threatening or placing that child in fear;
``(C) rendering that child unconscious; or
``(D) administering to that child a drug,
intoxicant, or other similar substance;
is guilty of rape of a child and shall be punished as a court-martial
may direct.
``(b) Sexual Assault of a Child.--Any person subject to this chapter
who commits a sexual act upon a child who has attained the age of 12
years is guilty of sexual assault of a child and shall be punished as a
court-martial may direct.
``(c) Sexual Abuse of a Child.--Any person subject to this chapter
who commits a lewd act upon a child is guilty of sexual abuse of a child
and shall be punished as a court-martial may direct.
``(d) Age of Child.--
``(1) Under 12 years.--In a prosecution under this section,
it need not be proven that the accused knew the age of the other
person engaging in the sexual act or lewd act. It is not a
defense that the accused reasonably believed that the child had
attained the age of 12 years.
``(2) Under 16 years.--In a prosecution under this section,
it need not be proven that the accused knew that the other
person engaging in the sexual act or lewd act had not attained
the age of 16 years, but it is a defense in a prosecution under
subsection (b) (sexual assault of a child) or subsection (c)
(sexual abuse of a child), which the accused must prove by a
preponderance of the evidence, that the accused reasonably
believed that the child had attained the age of 16 years, if the
child had in fact attained at least the age of 12 years.
``(e) Proof of Threat.--In a prosecution under this section, in
proving that a person made a threat, it need not be proven that the
person actually intended to carry out the threat or had the ability to
carry out the threat.
``(f) Marriage.--In a prosecution under subsection (b) (sexual
assault of a child) or subsection (c) (sexual abuse of a child), it is a
defense, which the accused must prove by a preponderance of the
evidence, that the persons engaging in the sexual act or lewd act were
at that time married to each other, except where the accused commits a
sexual act upon the person when the accused knows or reasonably should
know that the other person is asleep, unconscious, or otherwise unaware
that the sexual act is occurring or when the other person is incapable
of consenting to the sexual act due to impairment by any drug,
intoxicant, or other similar substance, and that condition was known or
reasonably should have been known by the accused.
``(g) Consent.--Lack of consent is not an element and need not be
proven in any prosecution under this section. A child not legally
married to the person committing the sexual act, lewd act, or use of
force cannot consent to any sexual act, lewd act, or use of force.
``(h) Definitions.--In this section:
``(1) Sexual act and sexual contact.--The terms `sexual act'
and `sexual contact' have the meanings given those terms in
section 920(g) of this title (article 120(g)).
[[Page 1409]]
``(2) Force.--The term `force' means--
``(A) the use of a weapon;
``(B) the use of such physical strength or violence
as is sufficient to overcome, restrain, or injure a
child; or
``(C) inflicting physical harm.
In the case of a parent-child or similar relationship, the use
or abuse of parental or similar authority is sufficient to
constitute the use of force.
``(3) Threatening or placing that child in fear.--The term
`threatening or placing that child in fear' means a
communication or action that is of sufficient consequence to
cause the child to fear that non-compliance will result in the
child or another person being subjected to the action
contemplated by the communication or action.
``(4) Child.--The term `child' means any person who has not
attained the age of 16 years.
``(5) Lewd act.--The term `lewd act' means--
``(A) any sexual contact with a child;
``(B) intentionally exposing one's genitalia, anus,
buttocks, or female areola or nipple to a child by any
means, including via any communication technology, with
an intent to abuse, humiliate, or degrade any person, or
to arouse or gratify the sexual desire of any person;
``(C) intentionally communicating indecent language
to a child by any means, including via any communication
technology, with an intent to abuse, humiliate, or
degrade any person, or to arouse or gratify the sexual
desire of any person; or
``(D) any indecent conduct, intentionally done with
or in the presence of a child, including via any
communication technology, that amounts to a form of
immorality relating to sexual impurity which is grossly
vulgar, obscene, and repugnant to common propriety, and
tends to excite sexual desire or deprave morals with
respect to sexual relations.''.
(c) Other Sexual Misconduct.--Such chapter (the Uniform Code of
Military Justice) is further amended by inserting after section 920b
(article 120b), as added by subsection (b), the following new section:
``Sec. 920c. <> Art. 120c. Other sexual
misconduct
``(a) Indecent Viewing, Visual Recording, or Broadcasting.--Any
person subject to this chapter who, without legal justification or
lawful authorization--
``(1) knowingly and wrongfully views the private area of
another person, without that other person's consent and under
circumstances in which that other person has a reasonable
expectation of privacy;
``(2) knowingly photographs, videotapes, films, or records
by any means the private area of another person, without that
other person's consent and under circumstances in which that
other person has a reasonable expectation of privacy; or
``(3) knowingly broadcasts or distributes any such recording
that the person knew or reasonably should have known was made
under the circumstances proscribed in paragraphs (1) and (2);
is guilty of an offense under this section and shall be punished as a
court-martial may direct.
[[Page 1410]]
``(b) Forcible Pandering.--Any person subject to this chapter who
compels another person to engage in an act of prostitution with any
person is guilty of forcible pandering and shall be punished as a court-
martial may direct.
``(c) Indecent Exposure.--Any person subject to this chapter who
intentionally exposes, in an indecent manner, the genitalia, anus,
buttocks, or female areola or nipple is guilty of indecent exposure and
shall by punished as a court-martial may direct.
``(d) Definitions.--In this section:
``(1) Act of prostitution.--The term `act of prostitution'
means a sexual act or sexual contact (as defined in section
920(g) of this title (article 120(g))) on account of which
anything of value is given to, or received by, any person.
``(2) Private area.--The term `private area' means the naked
or underwear-clad genitalia, anus, buttocks, or female areola or
nipple.
``(3) Reasonable expectation of privacy.--The term `under
circumstances in which that other person has a reasonable
expectation of privacy' means--
``(A) circumstances in which a reasonable person
would believe that he or she could disrobe in privacy,
without being concerned that an image of a private area
of the person was being captured; or
``(B) circumstances in which a reasonable person
would believe that a private area of the person would
not be visible to the public.
``(4) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent that it
be viewed by a person or persons.
``(5) Distribute.--The term `distribute' means delivering to
the actual or constructive possession of another, including
transmission by electronic means.
``(6) Indecent manner.--The term `indecent manner' means
conduct that amounts to a form of immorality relating to sexual
impurity which is grossly vulgar, obscene, and repugnant to
common propriety, and tends to excite sexual desire or deprave
morals with respect to sexual relations.''.
(d) Conforming Amendments.--Chapter 47 of such title (the Uniform
Code of Military Justice) is further amended as follows:
(1) Statute of limitations.--Subparagraph (B) of section
843(b)(2) (article 43(b)(2)) is amended--
(A) in clause (i), by striking ``section 920 of this
title (article 120)'' and inserting ``section 920, 920a,
920b, or 920c of this title (article 120, 120a, 120b, or
120c)''; and
(B) in clause (v)--
(i) by striking ``indecent assault''; and
(ii) by striking ``or liberties with a
child''.
(2) Murder.--Paragraph (4) of section 918 (article 118) is
amended by striking ``aggravated sexual assault,'' and all that
follows through ``with a child,'' and inserting ``sexual
assault, sexual assault of a child, aggravated sexual contact,
sexual abuse of a child,''.
(e) Clerical Amendments.--The table of sections at the beginning of
subchapter X of such chapter (the Uniform Code of Military Justice) is
amended by striking the items relating to sections 920
[[Page 1411]]
and 920a (articles 120 and 120a) and inserting the following new items:
``920. 120. Rape and sexual assault generally.
``920a. 120a. Stalking.
``920b. 120b. Rape and sexual assault of a child.
``920c. 120c. Other sexual misconduct.''.
(f) <> Effective Date.--The
amendments made by this section shall take effect 180 days after the
date of the enactment of this Act and shall apply with respect to
offenses committed on or after such effective date.
SEC. 542. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.
(a) Effect of Refusal to Appear or Testify.--Section 847 of title
10, United States Code (article 47 of the Uniform Code of Military
Justice), is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``board;'' and
inserting ``board, or has been duly issued a subpoena
duces tecum for an investigation pursuant to section
832(b) of this title (article 32(b));''; and
(B) in paragraph (2)--
(i) by striking ``duly paid or tendered the
fees and mileage of a witness'' and inserting
``provided a means for reimbursement from the
Government for fees and mileage''; and
(ii) by inserting before the semicolon the
following: ``or, in the case of extraordinary
hardship, is advanced such fees and mileage''; and
(2) in subsection (c), by striking ``or board'' and
inserting ``board, or convening authority''.
(b) Technical Amendments.--Subsection (a) of such section is further
amended by striking ``subpenaed'' both places it appears and inserting
``subpoenaed''.
(c) <> Effective Date.--The
amendments made by subsection (a) shall apply with respect to subpoenas
issued after the date of the enactment of this Act.
SEC. 543. CLARIFICATION OF APPLICATION AND EXTENT OF DIRECT
ACCEPTANCE OF GIFTS AUTHORITY.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) in an operation or area designated as a combat
operation or a combat zone, respectively, by the Secretary of
Defense in accordance with the regulations prescribed under
subsection (a); or'';
(2) in subsection (c), by striking ``paragraph (1) or (2) of
subsection (c)'' and inserting ``paragraph (1), (2) or (3) of
subsection (b)''; and
(3) by adding at the end the following new subsection:
``(e) Application of Certain Regulations.--To the extent provided in
the regulations issued under subsection (a) to implement
[[Page 1412]]
subsection (b)(2), the regulations shall apply to the acceptance of
gifts received after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2012 for injuries or illnesses
incurred on or after September 11, 2001.''.
SEC. <> 544. FREEDOM OF CONSCIENCE
OF MILITARY CHAPLAINS WITH RESPECT TO THE
PERFORMANCE OF MARRIAGES.
A military chaplain who, as a matter of conscience or moral
principle, does not wish to perform a marriage may not be required to do
so.
Subtitle E--Member Education and Training Opportunities and
Administration
SEC. 551. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY WHO ARE
TRANSITIONING TO CIVILIAN LIFE.
Section 1143 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) Employment Skills Training.--(1) The Secretary of a military
department may carry out one or more programs to provide eligible
members of the armed forces under the jurisdiction of the Secretary with
job training and employment skills training, including apprenticeship
programs, to help prepare such members for employment in the civilian
sector.
``(2) A member of the armed forces is an eligible member for
purposes of a program under this subsection if the member--
``(A) has completed at least 180 days on active duty in the
armed forces; and
``(B) is expected to be discharged or released from active
duty in the armed forces within 180 days of the date of
commencement of participation in such a program.
``(3) Any program under this subsection shall be carried out in
accordance with regulations prescribed by the Secretary of Defense.''.
SEC. 552. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL
MILITARY EDUCATION.
(a) Authority To Credit Military Graduates of the National Defense
Intelligence College With Completion of JPME Phase I.--
(1) Joint professional military education phase i.--Section
2154(a)(1) of title 10, United States Code, is amended by
inserting ``or at a joint intermediate level school'' before the
period at the end.
(2) Joint intermediate level school defined.--Section
2151(b) of such title is amended by adding at the end the
following new paragraph:
``(3) The term `joint intermediate level school' includes
the National Defense Intelligence College.''.
(b) <> Pilot Program on JPME Phase II on
Other-than-in Residence Basis.--
(1) Pilot program authorized.--The Secretary of Defense may
carry out a pilot program to assess the feasibility and
advisability of offering a program of instruction for Phase II
[[Page 1413]]
joint professional military education (JPME II) on an other than
in-residence basis.
(2) Location.--The pilot program authorized by this
subsection shall be carried out at the headquarters of not more
than two combatant commands selected by the Secretary for
purposes of the pilot program.
(3) Program of instruction.--The program of instruction
offered under the pilot program authorized by this subsection
shall meet the requirements of section 2155 of title 10, United
States Code.
(4) Report.--Not later than one year before completion of
the pilot program authorized by this subsection, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the pilot program.
The report shall include the following:
(A) The number of students enrolled at each location
under the pilot program.
(B) The number of students who successfully
completed the program of instruction under the pilot
program and were awarded credit for Phase II joint
professional military education.
(C) The assessment of the Secretary regarding the
feasibility and advisability of expanding the pilot
program to the headquarters of additional combatant
commands, or of making the pilot program permanent, and
a statement of the legislative or administrative actions
required to implement such assessment.
(5) Sunset.--The authority in this subsection to carry out
the pilot program shall expire on the date that is five years
after the date of the enactment of this Act.
SEC. 553. <> TEMPORARY AUTHORITY TO WAIVE
MAXIMUM AGE LIMITATION ON ADMISSION TO THE
MILITARY SERVICE ACADEMIES.
(a) Waiver for Certain Enlisted Members.--The Secretary of the
military department concerned may waive the maximum age limitation
specified in section 4346(a), 6958(a)(1), or 9346(a) of title 10, United
States Code, for the admission of an enlisted member of the Armed Forces
to the United States Military Academy, the United States Naval Academy,
or the United States Air Force Academy if the member--
(1) satisfies the eligibility requirements for admission to
that academy (other than the maximum age limitation); and
(2) was or is prevented from being admitted to a military
service academy before the member reached the maximum age
specified in such sections as a result of service on active duty
in a theater of operations for Operation Iraqi Freedom,
Operation Enduring Freedom, or Operation New Dawn.
(b) Maximum Age for Receipt of Waiver.--A waiver may not be granted
under this section if the candidate would pass the candidate's twenty-
sixth birthday by July 1 of the year in which the candidate would enter
the military service academy pursuant to the waiver.
(c) Limitation on Number Admitted Using Waiver.--Not more than five
candidates may be admitted to each of the military service academies for
an academic year pursuant to a waiver granted under this section.
[[Page 1414]]
(d) Record Keeping Requirement.--The Secretary of each military
department shall maintain records on the number of graduates of the
military service academy under the jurisdiction of the Secretary who are
admitted pursuant to a waiver granted under this section and who remain
in the Armed Forces beyond the active duty service obligation assumed
upon graduation. The Secretary shall compare their retention rate to the
retention rate of graduates of that academy generally.
(e) Reports.--Not later than April 1, 2016, the Secretary of each
military department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report specifying--
(1) the number of applications for waivers received by the
Secretary under this section;
(2) the number of waivers granted by the Secretary under
this section;
(3) the number of candidates actually admitted to the
military service academy under the jurisdiction of the Secretary
pursuant to a waiver granted by the Secretary under this
section; and
(4) beginning with the class of 2009, the number of
graduates of the military service academy under the jurisdiction
of the Secretary who, before admission to that academy, were
enlisted members of the Armed Forces and who remain in the Armed
Forces beyond the active duty service obligation assumed upon
graduation.
(f) Duration of Waiver Authority.--The authority to grant a waiver
under this section expires on September 30, 2016.
SEC. 554. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY.
(a) In General.--Chapter 901 of title 10, United States Code, is
amended by inserting after section 9314a the following new section:
``Sec. 9314b. <> United States Air Force
Institute of Technology: administration
``(a) Commandant.--
``(1) Selection.--The Commandant of the United States Air
Force Institute of Technology shall be selected by the Secretary
of the Air Force.
``(2) Eligibility.--The Commandant shall be one of the
following:
``(A) An officer of the Air Force on active duty in
a grade not below the grade of colonel who possesses
such qualifications as the Secretary considers
appropriate and is assigned or detailed to such
position.
``(B) A member of the Senior Executive Service or a
civilian individual, including an individual who was
retired from the Air Force in a grade not below
brigadier general, who has the qualifications
appropriate for the position of Commandant and is
selected by the Secretary as the best qualified from
among candidates for the position in accordance with a
process and criteria determined by the Secretary.
``(3) Term for civilian commandant.--An individual selected
for the position of Commandant under paragraph (2)(B)
[[Page 1415]]
shall serve in that position for a term of not more than five
years and may be continued in that position for an additional
term of up to five years.
``(b) Provost and Academic Dean.--
``(1) <> In general.--
There is established at the United States Air Force Institute of
Technology the civilian position of Provost and Academic Dean
who shall be appointed by the Secretary.
``(2) Term.--An individual appointed to the position of
Provost and Academic Dean shall serve in that position for a
term of five years.
``(3) Compensation.--The individual serving as Provost and
Academic Dean is entitled to such compensation for such service
as the Secretary shall prescribe for purposes of this section,
but not more than the rate of compensation authorized for level
IV of the Executive Schedule.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 901 of such title is amended by inserting after the item
relating to section 9314a the following new item:
``9314b. United States Air Force Institute of Technology:
administration.''.
SEC. 555. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR INJURED
FORMER OR RETIRED ENLISTED MEMBERS OF THE
ARMED FORCES IN ASSOCIATE DEGREE PROGRAMS
OF THE COMMUNITY COLLEGE OF THE AIR FORCE
IN ORDER TO COMPLETE DEGREE PROGRAM.
(a) In General.--Section 9315 of title 10, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Seriously Wounded, Ill, or Injured Former and Retired Enlisted
Members.--(1) The Secretary of the Air Force may authorize participation
in a program of higher education under subsection (a)(1) by a person who
is a former or retired enlisted member of the armed forces who at the
time of the person's separation from active duty--
``(A) had commenced but had not completed a program of
higher education under subsection (a)(1); and
``(B) is categorized by the Secretary concerned as seriously
wounded, ill, or injured.
``(2) For purposes of this subsection, a person who may be
categorized as seriously wounded, ill, or injured is a person with a
serious injury or illness (as that term is defined in section 1602(8) of
the Wounded Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note)).
``(3) A person may not be authorized under paragraph (1) to
participate in a program of higher education after the end of the 10-
year period beginning on the date of the person's separation from active
duty.
``(4) The Secretary may not pay the tuition for participation in a
program of higher education under subsection (a)(1) of a person
participating in such program pursuant to an authorization under
paragraph (1).''.
(b) Conforming Amendments.--Subsection (d) of such section, as
redesignated by subsection (a)(1), is amended by striking ``enlisted
member'' both places it appears and inserting ``person''.
[[Page 1416]]
(c) Effective <> Date.--
Subsection (c) of section 9315 of title 10, United States Code (as added
by subsection (a)(2)), shall apply to persons covered by paragraph (1)
of such subsection who are categorized by the Secretary concerned as
seriously wounded, ill, or injured after September 11, <> 2001. With respect to any such person who is separated from
active duty during the period beginning on September 12, 2001, and
ending on the date of the enactment of this Act, the 10-year period
specified in paragraph (3) of such subsection shall be deemed to
commence on the date of the enactment of this Act.
SEC. 556. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.
(a) Reserve Component Mental Health Student Stipend.--Section 16201
of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Mental Health Professionals in Critical Wartime Specialties.--
(1) Under the stipend program under this chapter, the Secretary of the
military department concerned may enter into an agreement with a person
who--
``(A) is eligible to be appointed as an officer in a reserve
component;
``(B) is enrolled or has been accepted for enrollment in an
institution in a course of study that results in a degree in
clinical psychology or social work;
``(C) signs an agreement that, unless sooner separated, the
person will--
``(i) complete the educational phase of the program;
``(ii) accept a reappointment or redesignation
within the person's reserve component, if tendered,
based upon the person's health profession, following
satisfactory completion of the educational and intern
programs; and
``(iii) participate in a residency program if
required for clinical licensure in a mental health
profession skill; and
``(D) if required by regulations prescribed by the Secretary
of Defense, agrees to apply for, if eligible, and accept, if
offered, residency training in a mental health profession skill
that has been designated by the Secretary as a critically needed
wartime skill.
``(2) Under the agreement--
``(A) the Secretary of the military department concerned
shall agree to pay the participant a stipend, in the amount
determined under subsection (g), for the period or the remainder
of the period that the student is satisfactorily progressing
toward a degree in clinical psychology or social work while
enrolled in a school accredited in the designated mental health
discipline;
``(B) the participant shall not be eligible to receive such
stipend before appointment, designation, or assignment as an
officer for service in the Selected Reserve;
``(C) the participant shall be subject to such active duty
requirements as may be specified in the agreement and to active
duty in time of war or national emergency as provided by law for
members of the Selected Reserve; and
[[Page 1417]]
``(D) the participant shall agree to serve, upon successful
completion of the program, one year in the Selected Reserve for
each six months, or part thereof, for which the stipend is
provided.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A), by
striking ``subsection (f)'' and inserting ``subsection (g)'';
and
(2) in subsection (g), as redesignated by subsection (a)(1)
of this section, by striking ``subsection (b) or (c)'' and
inserting ``subsection (b), (c), or (f)''.
SEC. 557. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE
TROOPS-TO-TEACHERS PROGRAM.
(a) Fiscal Year 2012 Administration.--Notwithstanding section
2302(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6672(c)), the Secretary of Defense may administer the Troops-to-Teachers
Program during fiscal year 2012. Amounts authorized to be appropriated
for the Department of Defense by this Act shall be available to the
Secretary of Defense for that purpose.
(b) Report.--Not later than April 1, 2012, the Secretary of Defense
and the Secretary of Education shall jointly submit to the appropriate
committees of Congress a report on the Troops-to-Teachers Program. The
report shall include the following:
(1) A summary of the funding of the Troops-to-Teachers
Program since its inception and projected funding of the program
during the period covered by the future-years defense program
submitted to Congress during 2011.
(2) The number of past participants in the Troops-to-
Teachers Program by year, the number of past participants who
have fulfilled, and have not fulfilled, their service obligation
under the program, and the number of waivers of such obligations
(and the reasons for such waivers).
(3) A discussion and assessment of the current and
anticipated effects of recent economic circumstances in the
United States, and cuts nationwide in State and local budgets,
on the ability of participants in the Troops-to-Teachers Program
to obtain teaching positions.
(4) A discussion of the youth education goals in the Troops-
to-Teachers Program and the record of the program to date in
producing teachers in high-need and other eligible schools.
(5) An assessment of the extent to which the Troops-to-
Teachers Program achieves its purpose as a military transition
assistance program and, in particular, as transition assistance
program for members of the Armed Forces who are nearing
retirement or who are voluntarily or involuntarily separating
from military service.
(6) An assessment of the performance of the Troops-to-
Teachers Program in providing qualified teachers to high-need
public schools, and reasons for expanding the program to
additional school districts.
(7) A discussion and assessment of the advisability of the
administration of the Troops-to-Teachers Program by the
Department of Education in consultation with the Department of
Defense.
(c) Definitions.--In this section:
[[Page 1418]]
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committees on Armed Services and Education
and the Workforce of the House of Representatives.
(2) Troops-to-teachers program.--The term ``Troops-to-
Teachers Program'' means the Troops-to-Teachers Program
authorized by chapter A of subpart 1 of part C of title II of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6671 et seq.).
SEC. 558. <> PILOT PROGRAM ON RECEIPT OF
CIVILIAN CREDENTIALING FOR SKILLS REQUIRED
FOR MILITARY OCCUPATIONAL SPECIALTIES.
(a) <> Pilot Program Required.--Commencing
not later than nine months after the date of the enactment of this Act,
the Secretary of Defense shall carry out a pilot program to assess the
feasibility and advisability of permitting enlisted members of the Armed
Forces to obtain civilian credentialing or licensing for skills required
for military occupational specialties (MOS) or qualification for duty
specialty codes.
(b) Elements.--In carrying out the pilot program, the Secretary
shall--
(1) designate not less than three or more than five military
occupational specialities or duty speciality codes for coverage
under the pilot program; and
(2) permit enlisted members of the Armed Forces to obtain
the credentials or licenses required for the specialities or
codes so designated through civilian credentialing or licensing
entities, institutions, or bodies selected by the Secretary for
purposes of the pilot program, whether concurrently with
military training, at the completion of military training, or
both.
(c) Duration.--The Secretary shall complete the pilot program by not
later than five years after the date of the commencement of the pilot
program.
(d) Report.--Not later than one year after commencement of the pilot
program, the Secretary shall submit to Congress a report on the pilot
program. The report shall set forth the following:
(1) The number of enlisted members who participated in the
pilot program.
(2) A description of the costs incurred by the Department of
Defense in connection with the receipt by members of
credentialing or licensing under the pilot program.
(3) A comparison of the cost associated with receipt by
members of credentialing or licensing under the pilot program
with the cost of receipt of similar credentialing or licensing
by recently-discharged veterans of the Armed Forces under
programs currently operated by the Department of Veterans
Affairs and the Department of Labor.
(4) The recommendation of the Secretary as to the
feasibility and advisability of expanding the pilot program to
additional military occupational specialties or duty specialty
codes, and, if such expansion is considered feasible and
advisable, a list of the military occupational specialties and
duty specialty codes recommended for inclusion in the expansion.
[[Page 1419]]
SEC. 559. REPORT ON CERTAIN EDUCATION ASSISTANCE PROGRAMS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on methods to increase the efficiency of the education
assistance programs under sections 1784a and 2007 of title 10, United
States Code.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the effect of the programs on
recruiting and retention within the Armed Forces.
(2) An analysis of other programs that provide benefits
similar to those provided through the programs, including the
use of education assistance programs under chapters 30 and 33 of
title 38, United States Code, for education and training pursued
by members of the Armed Forces serving on active duty while they
are off-duty.
(3) A description of the effects of modifying the programs
to require members of the Armed Forces and dependents
participating in the programs to pay an appropriate percentage
of their education expenses with the Secretary of the military
department concerned paying the remaining percentage of such
expenses, with the intent of ensuring that members and their
dependents give due consideration to their educational needs
before enrolling in the programs.
(4) A description of the costs of the programs to the
Department of Defense, including the following elements for each
institution of higher education that received funds under the
programs during any of fiscal years 2009, 2010, 2011:
(A) The name and location of the institution of
higher education.
(B) Whether the institution is a public, non-profit,
or for-profit institution.
(C) The amount of funds received by the institution
in each such fiscal year.
(D) The number of members of the Armed Forces and
dependents who received education at the institution
during each such fiscal year.
(E) The average amount of funds members and
dependents received under the programs.
(5) A description of the education outcomes for members of
the Armed Forces and dependents participating in the program
during fiscal years, 2009, 2010, 2011, including the following:
(A) Credit accumulation.
(B) Completion of education on-time or within 150
percent of on-time.
(C) Completion of a degree.
(D) Loan defaults, if applicable.
(6) A description of the feasibility and desirability of
requiring institutions of higher learning, as a requirement for
participation in the programs, to report to the Secretary of
Defense, as well as disclose, provide, and make publicly
available through electronic or other means to members of the
Armed Forces participating in the programs, the following
information about their programs prior to enrollment:
[[Page 1420]]
(A) When applicable, qualifications for examination,
certification, or licensure required as a precondition
for employment in the occupation or skill for which the
program is represented to prepare the student, and
whether the program meets those requirements.
(B) The normal and average time to completion of the
program. Normal time to completion means the amount of
time it would take a full-time student to complete the
program.
(C) The completion, graduation, and dropout rates of
students for the institution.
(D) Information concerning average student
indebtedness for each program resulting from Federal,
private, and institutional loans.
(E) Whether the institution participates, or is
eligible to participate, under in financial aid programs
under title IV of the Higher Education Act of 1965.
Subtitle F--Armed Forces Retirement Home
SEC. 561. CONTROL AND ADMINISTRATION BY SECRETARY OF DEFENSE.
Section 1511(d) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 411(d)) is amended by adding at the end the following new
paragraph:
``(3) The administration of the Retirement Home, including
administration for the provision of health care and medical care for
residents, shall remain under the control and administration of the
Secretary of Defense.''.
SEC. 562. SENIOR MEDICAL ADVISOR OVERSIGHT OF HEALTH CARE PROVIDED
TO RESIDENTS OF ARMED FORCES RETIREMENT
HOME.
(a) Advisory Responsibilities of Senior Medical Advisor.--Subsection
(b) of section 1513A of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 413a) is amended--
(1) by striking ``(1) The''; and inserting ``The'';
(2) by striking paragraph (2); and
(3) by striking ``and the Chief Operating Officer'' and all
that follows through the period at the end and inserting the
following: ``the Chief Operating Officer, and the Advisory
Council regarding the direction and oversight of--
``(1) medical administrative matters at each facility of the
Retirement Home; and
``(2) the provision of medical care, preventive mental
health, and dental care services at each facility of the
Retirement Home.''.
(b) Related Duties.--Subsection (c) of such section is amended by
striking paragraphs (3), (4), and (5) and inserting the following new
paragraphs:
``(3) <> Periodically visit each facility of
the Retirement Home to review--
``(A) the medical facilities, medical operations,
medical records and reports, and the quality of care
provided to residents; and
[[Page 1421]]
``(B) inspections and audits to ensure that
appropriate follow-up regarding issues and
recommendations raised by such inspections and audits
has occurred.
``(4) <> Report on the findings and
recommendations developed as a result of each review conducted
under paragraph (3) to the Chief Operating Officer, the Advisory
Council, and the Under Secretary of Defense for Personnel and
Readiness.''.
SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIREMENT HOME ADVISORY
COUNCIL AND RESIDENT ADVISORY COMMITTEES.
(a) Replacement of Local Boards of Trustees.--The Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 416) is amended by striking
section 1516 and inserting the following new sections:
``SEC. 1516. <> ADVISORY COUNCIL.
``(a) Establishment.--The Retirement Home shall have an Advisory
Council, to be known as the `Armed Forces Retirement Home Advisory
Council'. The Advisory Council shall serve the interests of both
facilities of the Retirement Home.
``(b) Duties.--(1) The Advisory Council shall provide to the Chief
Operating Officer and the Administrator of each facility such guidance
and recommendations on the administration of the Retirement Home and the
quality of care provided to residents as the Advisory Council considers
appropriate.
``(2) Not less often than annually, the Advisory Council shall
submit to the Secretary of Defense a report summarizing its activities
during the preceding year and providing such observations and
recommendations with respect to the Retirement Home as the Advisory
Council considers appropriate.
``(3) <> In carrying out its functions,
the Advisory Council shall--
``(A) provide for participation in its activities by a
representative of the Resident Advisory Committee of each
facility of the Retirement Home; and
``(B) make recommendations to the Inspector General of the
Department of Defense regarding issues that the Inspector
General should investigate.
``(c) Composition.--(1) The Advisory Council shall consist of at
least 15 members, each of whom shall be a full or part-time Federal
employee or a member of the Armed Forces.
``(2) Members of the Advisory Council shall be designated by the
Secretary of Defense, except that an individual who is not an employee
of the Department of Defense shall be designated, in consultation with
the Secretary of Defense, by the head of the Federal department or
agency that employs the individual.
``(3) The Advisory Council shall include the following members:
``(A) One member who is an expert in nursing home or
retirement home administration and financing.
``(B) One member who is an expert in gerontology.
``(C) One member who is an expert in financial management.
``(D) Two representatives of the Department of Veterans
Affairs, one to be designated from each of the regional offices
nearest in proximity to the facilities of the Retirement Home.
``(E) The Chairpersons of the Resident Advisory Committees.
``(F) One enlisted representative of the Services' Retiree
Advisory Council.
[[Page 1422]]
``(G) The senior noncommissioned officer of one of the Armed
Forces.
``(H) Two senior representatives of military medical
treatment facilities, one to be designated from each of the
military hospitals nearest in proximity to the facilities of the
Retirement Home.
``(I) One senior judge advocate from one of the Armed
Forces.
``(J) One senior representative of one of the chief
personnel officers of the Armed Forces.
``(K) Such other members as the Secretary of Defense may
designate.
``(4) The Administrator of the each facility of the Retirement Home
shall be a nonvoting member of the Advisory Council.
``(5) The Secretary of Defense shall designate one member of the
Advisory Council to serve as the Chairperson of the Advisory Council.
The Chairperson shall conduct the meetings of the Advisory Council.
``(d) Term of Service.--(1) Except as provided in paragraphs (2),
(3), and (4), the term of service of a member of the Advisory Council
shall be two years. The Secretary of Defense may designate a member to
serve one additional term.
``(2) Unless earlier terminated by the Secretary of Defense, a
person may continue to serve as a member of the Advisory Council after
the expiration of the member's term until a successor is designated.
``(3) The Secretary of Defense may terminate the term of service of
a member of the Advisory Council before the expiration of the member's
term.
``(4) A member of the Advisory Council serves as a member of the
Advisory Council only for as long as the member is assigned to or
serving in a position for which the duties include the duty to serve as
a member of the Advisory Council.
``(e) Vacancies.--A vacancy in the Advisory Council shall be filled
in the manner in which the original designation was made. A member
designated to fill a vacancy occurring before the end of the term of the
predecessor shall be designated for the remainder of the term of the
predecessor. A vacancy in the Advisory Council shall not affect its
authority to perform its duties.
``(f) Compensation.--(1) Except as provided in paragraph (2), a
member of the Advisory Council shall--
``(A) be provided a stipend consistent with the daily
government consultant fee for each day on which the member is
engaged in the performance of services for the Advisory Council;
and
``(B) while away from home or regular place of business in
the performance of services for the Advisory Council, be allowed
travel expenses (including per diem in lieu of subsistence) in
the same manner as a person employed intermittently in
Government under sections 5701 through 5707 of title 5, United
States Code.
``(2) A member of the Advisory Council who is a member of the Armed
Forces on active duty or a full-time officer or employee of the United
States shall receive no additional pay by reason of serving as a member
of the Advisory Council.
[[Page 1423]]
``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''.
[[Page 1424]]
SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.
(a) Leadership of Facilities of the Retirement Home.--Section 1517
of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 417) is
amended--
(1) in subsection (a), by striking ``a Director, a Deputy
Director, and an Associate Director'' and inserting ``an
Administrator and an Ombudsman'';
(2) in subsections (b) and (c)--
(A) by striking ``Director'' in each subsection
heading and inserting ``Administrator''; and
(B) by striking ``Director'' each place it appears
and inserting ``Administrator'';
(3) by striking subsections (d) and (e) and redesignating
subsections (f), (g), (h), and (i) as subsections (d), (e), (f),
and (g), respectively;
(4) in subsection (d), as so redesignated--
(A) by striking ``Associate Director'' in the
subsection heading and inserting ``Ombudsman''; and
(B) by striking ``Associate Director'' in paragraphs
(1) and (2) and inserting ``Ombudsman'';
(5) in subsection (e), as so redesignated--
(A) by striking ``Associate Director.--'' in the
subsection heading and inserting ``Ombudsman.--(1)'';
(B) by striking ``Associate Director'' and inserting
``Ombudsman'';
(C) by striking ``Director and Deputy Director'' and
inserting ``Administrator'';
(D) by striking ``Director may'' and inserting
``Administrator may''; and
(E) by adding at the end the following new
paragraph:
``(2) The Ombudsman may provide information to the Administrator,
the Chief Operating Officer, the Senior Medical Advisor, the Inspector
General of the Department of Defense, and the Under Secretary of Defense
for Personnel and Readiness.'';
(6) in subsection (f), as so redesignated, by striking
``Director'' each place it appears and inserting
``Administrator''; and
(7) in subsection (g), as so redesignated--
(A) by striking ``Directors'' in the subsection
heading and inserting ``Administrators'';
(B) in paragraph (1), by striking ``Directors'' and
inserting ``Administrators''; and
(C) in paragraph (2), by striking ``a Director'' and
inserting ``an Administrator''.
(b) Conforming Amendments.--
(1) References to director.--Sections 1511(d)(2), 1512(c),
1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and
1523(b) of such <> Act are amended by striking ``Director'' each place it
appears and inserting ``Administrator''.
(2) References to directors.--Sections 1514(b) and 1520(c)
of such Act (24 U.S.C. 414(b), 420(c)) are amended by striking
``Directors'' and inserting ``Administrators''.
SEC. 565. REVISION OF FEE REQUIREMENTS.
(a) Limitation on Maximum Monthly Amount of Fees.--Subsection (c)(3)
of section 1514 of the Armed Forces Retirement
[[Page 1425]]
Home Act of 1991 (24 U.S.C. 414) is amended by striking the last
sentence.
(b) Repeal of Former Transitional Fee Structures.--Such section is
further amended by striking subsection (d).
SEC. 566. REVISION OF INSPECTION REQUIREMENTS.
Section 1518 of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 418) is amended--
(1) in subsection (b)(1)--
(A) by striking ``In any year in which a facility of
the Retirement Home is not inspected by a nationally
recognized civilian accrediting organization,'' and
inserting ``Not less often than once every three
years,'';
(B) by striking ``of that facility'' and inserting
``of each facility of the Retirement Home''; and
(C) by inserting ``long-term care,'' after
``assisted living,'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``45 days'' and
inserting ``90 days''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) <> A report submitted under paragraph
(1) shall include a plan by the Chief Operating Officer to address the
recommendations and other matters contained in the report.''; and
(3) in subsection (e)(1)--
(A) by striking ``45 days'' and inserting ``60
days''; and
(B) by striking ``Director of the facility concerned
shall submit to the Under Secretary of Defense for
Personnel and Readiness, the Chief Operating Officer''
and inserting ``Chief Operating Officer shall submit to
the Under Secretary of Defense for Personnel and
Readiness, the Senior Medical Advisor''.
SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVISIONS AND
TECHNICAL, CONFORMING, AND CLERICAL
AMENDMENTS.
(a) Repeal of Transitional Provisions.--Part B of the Armed Forces
Retirement Home Act of 1991, consisting of sections 1531, 1532, and 1533
relating to transitional provisions for the Armed Forces Retirement Home
Board and the Directors and Deputy Directors of the facilities of the
Armed Forces Retirement Home (24 U.S.C. 431, 432, 433), is repealed.
(b) Correction of Obsolete References to Retirement Home Board.--
(1) Armed forces retirement home act.--Section 1519(a)(2) of
the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
419(a)(2)) is amended by striking ``Retirement Home Board'' and
inserting ``Chief Operating Officer''.
(2) Title 10.--
(A) Defense of certain suits.--Section 1089(g)(3) of
title 10, United States Code, is amended by striking
``Armed Forces Retirement Home Board'' and inserting
``Chief Operating Officer of the Armed Forces Retirement
Home''.
(B) Fines and forfeitures.--Section 2772(b) of title
10, United States Code, is amended by striking ``Armed
Forces Retirement Home Board'' and inserting ``Chief
Operating Officer of the Armed Forces Retirement Home''.
(c) Section Headings.--
[[Page 1426]]
(1) Section 1501.--The heading of section 1501 of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 401 note) is
amended to read as follows:
``SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.''.
(2) Section 1513.--The heading of section 1513 of such Act
(24 U.S.C. 413) is amended to read as follows:
``SEC. 1513. SERVICES PROVIDED TO RESIDENTS.''.
(3) Section 1513a.--The heading of section 1513A of such Act
(24 U.S.C. 413a) is amended to read as follows:
``SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.''.
(4) Section 1517.--The heading of section 1517 of such Act
(24 U.S.C. 417) is amended to read as follows:
``SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF
FACILITIES.''.
(5) Section 1518.--The heading of section 1518 of such Act
(24 U.S.C. 418) is amended to read as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES BY
DEPARTMENT OF DEFENSE INSPECTOR GENERAL
AND OUTSIDE INSPECTORS.''.
(6) Punctuation.--The headings of sections 1512 and 1520 of
such Act (24 U.S.C. 412, 420) are amended by adding a period at
the end.
(d) Part a Header.--The heading for part A is repealed.
(e) Table of Contents.--The table of contents in section 1501(b) of
such Act is amended--
(1) by striking the item relating to the heading for part A;
(2) by striking the items relating to sections 1513 and
1513A and inserting the following new items:
``Sec. 1513. Services provided to residents.
``Sec. 1513A. Oversight of health care provided to residents.'';
(3) by striking the items relating to sections 1516, 1517,
and 1518 and inserting the following:
``Sec. 1516. Advisory Council.
``Sec. 1516A. Resident Advisory Committees.
``Sec. 1517. Administrators, Ombudsmen, and staff of facilities.
``Sec. 1518. Periodic inspection of Retirement Home facilities by
Department of Defense Inspector General and outside
inspectors.''; and
(4) by striking the items relating to part B (including the
items relating to sections 1531, 1532, and 1533).
Subtitle G--Defense Dependents' Education and Military Family Readiness
Matters
SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated for fiscal year 2012
pursuant to section 301 and available for operation and maintenance for
Defense-wide activities as specified in the funding table in section
4301, $5,000,000 shall be available for payments
[[Page 1427]]
under section 363 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a).
SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2012 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $30,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to Base
Closures, Force Structure Changes, or Force Relocations.--Of the amount
authorized to be appropriated for fiscal year 2012 by section 301 and
available for operation and maintenance for Defense-wide activities as
specified in the funding table in section 4301, $10,000,000 shall be
available only for the purpose of providing assistance to local
educational agencies under subsection (b) of section 572 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20
U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7713(9)).
SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORITIES ON
TRANSITION OF MILITARY DEPENDENT STUDENTS
AMONG LOCAL EDUCATIONAL AGENCIES.
(a) Additional Authorities.--Paragraph (2)(B) of section 574(d) of
the John Warner National Defense Authorization Act for Fiscal Year 2007
(20 U.S.C. 7703b note) is amended--
(1) by inserting ``grant assistance'' after ``To provide'';
and
(2) by striking ``including--`` and all that follows and
inserting ``including programs on the following:
``(i) Access to virtual and distance learning
capabilities and related applications.
``(ii) Training for teachers.
``(iii) Academic strategies to increase academic
achievement.
``(iv) Curriculum development.
``(v) Support for practices that minimize the impact
of transition and deployment.
``(vi) Other appropriate services to improve the
academic achievement of such students.''.
(b) Three-year Extension.--Paragraph (3) of such section is amended
by striking ``September 30, 2013'' and inserting ``September 30, 2016''.
SEC. 574. REVISION TO MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY
FAMILY READINESS COUNCIL.
Subsection (b) of section 1781a of title 10, United States Code, is
amended to read as follows:
[[Page 1428]]
``(b) Members.--(1) The Council shall consist of the following
members:
``(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as chair of the Council and who may
designate a representative to chair the council in the Under
Secretary's absence.
``(B) The following persons, who shall be appointed or
designated by the Secretary of Defense:
``(i) One representative of each of the Army, Navy,
Marine Corps, and Air Force, each of whom shall be a
member of the armed force to be represented.
``(ii) One representative of the Army National Guard
or the Air National Guard, who may be a member of the
National Guard.
``(iii) One spouse or parent of a member of each of
the Army, Navy, Marine Corps, and Air Force, two of whom
shall be the spouse or parent of an active component
member and two of whom shall be the spouse or parent of
a reserve component member.
``(C) Three individuals appointed by the Secretary of
Defense from among representatives of military family
organizations, including military family organizations of
families of members of the regular components and of families of
members of the reserve components.
``(D) The senior enlisted advisor from each of the Army,
Navy, Marine Corps, and Air Force, except that two of these
members may instead be selected from among the spouses of the
senior enlisted advisors.
``(E) The Director of the Office of Community Support for
Military Families with Special Needs.
``(2)(A) The term on the Council of the members appointed or
designated under clauses (i) and (iii) of subparagraph (B) of paragraph
(1) shall be two years and may be renewed by the Secretary of Defense.
Representation on the Council under clause (ii) of that subparagraph
shall rotate between the Army National Guard and Air National Guard
every two years on a calendar year basis.
``(B) The term on the Council of the members appointed under
subparagraph (C) of paragraph (1) shall be three years.''.
SEC. 575. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL GUARD
DUTY.
Section 4312(c)(4) of title 38, United States Code, is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(F) ordered to full-time National Guard duty
(other than for training) under section 502(f)(2)(A) of
title 32 when authorized by the President or the
Secretary of Defense for the purpose of responding to a
national emergency declared by the President and
supported by Federal funds, as determined by the
Secretary concerned.''.
SEC. 576. EXPANSION OF OPERATION HERO MILES.
(a) Expanded Definition of Travel Benefit.--Subsection (b) of
section 2613 of title 10, United States Code, is amended to read as
follows:
[[Page 1429]]
``(b) Travel Benefit Defined.--In this section, the term `travel
benefit' means--
``(1) frequent traveler miles, credits for tickets, or
tickets for air or surface transportation issued by an air
carrier or a surface carrier, respectively, that serves the
public; and
``(2) points or awards for free or reduced-cost
accommodations issued by an inn, hotel, or other commercial
establishment that provides lodging to transient guests.''.
(b) Condition on Authority To Accept Donation.--Subsection (c) of
such section is amended--
(1) by striking ``the air or surface carrier'' and inserting
``the business entity referred to in subsection (b)'';
(2) by striking ``the surface carrier'' and inserting ``the
business entity''; and
(3) by striking ``the carrier'' and inserting ``the business
entity''.
(c) Administration.--Subsection (e)(3) of such section is amended by
striking ``the air carrier or surface carrier'' and inserting ``the
business entity referred to in subsection (b)''.
(d) Stylistic Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 2613. Acceptance of frequent traveler miles, credits,
points, and tickets: use to facilitate rest and
recuperation travel of deployed members and
their families''.
(2) Table of sections.--The table of sections at the
beginning of chapter 155 of such title is amended by striking
the item relating to section 2613 and inserting the following
new item:
``2613. Acceptance of frequent traveler miles, credits, points, and
tickets: use to facilitate rest and recuperation travel of
deployed members and their families.''.
SEC. 577. REPORT ON DEPARTMENT OF DEFENSE AUTISM PILOT AND
DEMONSTRATION PROJECTS.
(a) Report Required.--Not later than March 14, 2013, the Secretary
of Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report on all pilot and
demonstration projects and all other efforts being conducted by the
Department of Defense on autism services.
(b) Matters Covered.--At a minimum, the report under subsection (a)
shall include an assessment of the demand for autism treatment services
by military families, including the intensity and volumes of use across
specific diagnoses and age groups and the availability of qualified
providers of such treatment services.
SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
DEPARTMENT OF DEFENSE MILITARY SPOUSE
EMPLOYMENT PROGRAMS.
(a) <> In General.--The Comptroller General of the
United States shall carry out a review of all current Department of
Defense military spouse employment programs.
(b) Elements.--The review required by subsection (a) shall, address,
at a minimum, the following:
(1) All current Department of Defense military spouse
employment programs, and the efficacy and effectiveness of each
such program.
[[Page 1430]]
(2) The types of military spouse employment programs that
have been considered or used in the past by the Department.
(3) The ways in which military spouse employment programs
have changed in recent years.
(4) The benefits or programs that are specifically available
to provide employment assistance to spouses of members of the
Armed Forces serving in Operation Iraqi Freedom, Operation
Enduring Freedom, or Operation New Dawn, or any other
contingency operation being conducted by the Armed Forces as of
the date of such review.
(5) Existing mechanisms available to military spouses to
express their views on the effectiveness and future direction of
Department programs and policies on employment assistance for
military spouses.
(6) The oversight provided by the Office of Personnel and
Management regarding preferences for military spouses in Federal
employment.
(7) The total funding available to the Department for each
military spouse employment program and the amount obligated by
the Department for each such program.
(8) The number (or a reasonable estimate if a precise number
is not available) of military spouses who have obtained
employment following participation in a Department military
spouse employment program, as a whole and for each military
spouse employment program.
(c) Comptroller General Report.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the review carried
out under subsection (a). The report shall set forth the following:
(1) The results of the review concerned.
(2) Such clear and concrete metrics as the Comptroller
General considers appropriate for the current and future
evaluation and assessment of the efficacy and effectiveness of
Department of Defense military spouse employment programs.
(3) A description of the assumptions utilized in the review,
and an assessment of the validity and completeness of such
assumptions.
(4) Such recommendations as the Comptroller General
considers appropriate for improving Department military spouse
employment programs.
Subtitle H--Improved Sexual Assault Prevention and Response in the Armed
Forces
SEC. 581. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE AND
SERVICES OF SEXUAL ASSAULT RESPONSE
COORDINATORS AND SEXUAL ASSAULT VICTIM
ADVOCATES.
(a) <> Legal
Assistance for Victims of Sexual Assault.--Not later than 180 days after
the date of the enactment of this Act,
[[Page 1431]]
the Secretaries of the military departments shall prescribe regulations
on the provision of legal assistance to victims of sexual assault. Such
regulations shall require that legal assistance be provided by military
or civilian legal assistance counsel pursuant to section 1044 of title
10, United States Code.
(b) Assistance and Reporting.--
(1) In general.--Chapter 80 of title 10, United States Code,
is amended by inserting after section 1565a the following new
section:
``Sec. 1565b. <> Victims of sexual assault:
access to legal assistance and services of
Sexual Assault Response Coordinators and
Sexual Assault Victim Advocates
``(a) Availability of Legal Assistance and Victim Advocate
Services.--(1) A member of the armed forces, or a dependent of a member,
who is the victim of a sexual assault may be provided the following:
``(A) Legal assistance provided by military or civilian
legal assistance counsel pursuant to section 1044 of this title.
``(B) Assistance provided by a Sexual Assault Response
Coordinator.
``(C) Assistance provided by a Sexual Assault Victim
Advocate.
``(2) A member of the armed forces or dependent who is the victim of
sexual assault shall be informed of the availability of assistance under
paragraph (1) as soon as the member or dependent seeks assistance from a
Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a
military criminal investigator, a victim/witness liaison, or a trial
counsel. The member or dependent shall also be informed that the legal
assistance and the services of a Sexual Assault Response Coordinator or
a Sexual Assault Victim Advocate under paragraph (1) are optional and
may be declined, in whole or in part, at any time.
``(3) Legal assistance and the services of Sexual Assault Response
Coordinators and Sexual Assault Victim Advocates under paragraph (1)
shall be available to a member or dependent regardless of whether the
member or dependent elects unrestricted or restricted (confidential)
reporting of the sexual assault.
``(b) <> Restricted Reporting.--(1) Under
regulations prescribed by the Secretary of Defense, a member of the
armed forces, or a dependent of a member, who is the victim of a sexual
assault may elect to confidentially disclose the details of the assault
to an individual specified in paragraph (2) and receive medical
treatment, legal assistance under section 1044 of this title, or
counseling, without initiating an official investigation of the
allegations.
``(2) The individuals specified in this paragraph are the following:
``(A) A Sexual Assault Response Coordinator.
``(B) A Sexual Assault Victim Advocate.
``(C) Healthcare personnel specifically identified in the
regulations required by paragraph (1).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by inserting
[[Page 1432]]
after the item relating to section 1565a the following new item:
``1565b. Victims of sexual assault: access to legal assistance and
services of Sexual Assault Response Coordinators and Sexual
Assault Victim Advocates.''.
SEC. 582. CONSIDERATION OF APPLICATION FOR PERMANENT CHANGE OF
STATION OR UNIT TRANSFER BASED ON
HUMANITARIAN CONDITIONS FOR VICTIM OF
SEXUAL ASSAULT OR RELATED OFFENSE.
(a) In General.--Chapter 39 of title 10, United States Code, is
amended by inserting after section 672 the following new section:
``Sec. 673. <> Consideration of application for
permanent change of station or unit transfer for
members on active duty who are the victim of a
sexual assault or related offense
``(a) <> Timely Consideration and Action.--
The Secretary concerned shall provide for timely determination and
action on an application for consideration of a change of station or
unit transfer submitted by a member of the armed forces serving on
active duty who was a victim of a sexual assault or other offense
covered by section 920, 920a, or 920c of this title (article 120, 120a,
or 120c) so as to reduce the possibility of retaliation against the
member for reporting the sexual assault or other offense.
``(b) <> Regulations.--The Secretaries of the
military departments shall issue regulations to carry out this section,
within guidelines provided by the Secretary of Defense. These guidelines
shall provide that the application submitted by a member described in
subsection (a) for a change of station or unit transfer must be approved
or disapproved by the member's commanding officer within 72 hours of the
submission of the application. Additionally, if the application is
disapproved by the commanding officer, the member shall be given the
opportunity to request review by the first general officer or flag
officer in the chain of command of the member, and that decision must be
made within 72 hours of submission of the request for review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
672 the following new item:
``673. Consideration of application for permanent change of station or
unit transfer for members on active duty who are the victim
of a sexual assault or related offense.''.
SEC. 583. DIRECTOR OF SEXUAL ASSAULT PREVENTION AND RESPONSE
OFFICE.
Section 1611(a) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is
amended by adding before the period at the end of the first sentence the
following: ``, who shall be appointed from among general or flag
officers of the Armed Forces or employees of the Department of Defense
in a comparable Senior Executive Service position''.
SEC. 584. <> SEXUAL ASSAULT RESPONSE
COORDINATORS AND SEXUAL ASSAULT VICTIM
ADVOCATES.
(a) Assignment of Coordinators.--
[[Page 1433]]
(1) Assignment requirements.--At least one full-time Sexual
Assault Response Coordinator shall be assigned to each brigade
or equivalent unit level of the armed forces. The Secretary of
the military department concerned may assign additional Sexual
Assault Response Coordinators as necessary based on the
demographics or needs of the unit. An additional Sexual Assault
Response Coordinator may serve on a full-time or part-time basis
at the discretion of the Secretary.
(2) <> Eligible persons.--On and
after October 1, 2013, only members of the armed forces and
civilian employees of the Department of Defense may be assigned
to duty as a Sexual Assault Response Coordinator.
(b) Assignment of Victim Advocates.--
(1) Assignment requirements.--At least one full-time Sexual
Assault Victim Advocate shall be assigned to each brigade or
equivalent unit level of the armed forces. The Secretary of the
military department concerned may assign additional Victim
Advocates as necessary based on the demographics or needs of the
unit. An additional Victim Advocate may serve on a full-time or
part-time basis at the discretion of the Secretary.
(2) <> Eligible persons.--On and
after October 1, 2013, only members of the armed forces and
civilian employees of the Department of Defense may be assigned
to duty as a Victim Advocate.
(c) Training and Certification.--
(1) Training and certification program.--As part of the
sexual assault prevention and response program, the Secretary of
Defense shall establish a professional and uniform training and
certification program for Sexual Assault Response Coordinators
assigned under subsection (a) and Sexual Assault Victim
Advocates assigned under subsection (b). The program shall be
structured and administered in a manner similar to the
professional training available for Equal Opportunity Advisors
through the Defense Equal Opportunity Management Institute.
(2) Consultation.--In developing the curriculum and other
components of the program, the Secretary of Defense shall work
with experts outside of the Department of Defense who are
experts in victim advocacy and sexual assault prevention and
response training.
(3) Effective date.--On and after October 1, 2013, before a
member or civilian employee may be assigned to duty as a Sexual
Assault Response Coordinator under subsection (a) or Victim
Advocate under subsection (b), the member or employee must have
completed the training program required by paragraph (1) and
obtained the certification.
(d) Definitions.--In this section:
(1) The term ``armed forces'' means the Army, Navy, Air
Force, and Marine Corps.
(2) The term ``sexual assault prevention and response
program'' has the meaning given such term in section 1601(a) of
the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note).
[[Page 1434]]
SEC. 585. <> TRAINING AND EDUCATION
PROGRAMS FOR SEXUAL ASSAULT PREVENTION AND
RESPONSE PROGRAM.
(a) Sexual Assault Prevention and Response Training and Education.--
(1) <> Development of curriculum.--Not
later than one year after the date of the enactment of this Act,
the Secretary of each military department shall develop a
curriculum to provide sexual assault prevention and response
training and education for members of the Armed Forces under the
jurisdiction of the Secretary and civilian employees of the
military department to strengthen individual knowledge, skills,
and capacity to prevent and respond to sexual assault. In
developing the curriculum, the Secretary shall work with experts
outside of the Department of Defense who are experts sexual
assault prevention and response training.
(2) Scope of training and education.--The sexual assault
prevention and response training and education shall encompass
initial entry and accession programs, annual refresher training,
professional military education, peer education, and specialized
leadership training. Training shall be tailored for specific
leadership levels and local area requirements.
(3) Consistent training.--The Secretary of Defense shall
ensure that the sexual assault prevention and response training
provided to members of the Armed Forces and Department of
Defense civilian employees is consistent throughout the military
departments.
(b) Inclusion in Professional Military Education.--The Secretary of
Defense shall provide for the inclusion of a sexual assault prevention
and response training module at each level of professional military
education. The training shall be tailored to the new responsibilities
and leadership requirements of members of the Armed Forces as they are
promoted.
(c) Inclusion in First Responder Training.--
(1) In general.--The Secretary of Defense shall direct that
managers of specialty skills associated with first responders
described in paragraph (2) integrate sexual assault response
training in initial and recurring training courses.
(2) Covered first responders.--First responders referred to
in paragraph (1) include firefighters, emergency medical
technicians, law enforcement officers, military criminal
investigators, healthcare personnel, judge advocates, and
chaplains.
SEC. 586. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION
AND ACCESS TO EVIDENCE AND RECORDS
RELATING TO SEXUAL ASSAULTS INVOLVING
MEMBERS OF THE ARMED FORCES.
(a) <> Comprehensive Policy on Retention
and Access to Records.--Not <> later than October 1,
2012, the Secretary of Defense shall, in consultation with the Secretary
of Veterans Affairs, develop a comprehensive policy for the Department
of Defense on the retention of and access to evidence and records
relating to sexual assaults involving members of the Armed Forces.
(b) <> Objectives.--The comprehensive
policy required by subsection (a) shall include policies and procedures
(including systems of records) necessary to ensure preservation of
records and evidence for periods of time that ensure that members of the
Armed Forces
[[Page 1435]]
and veterans of military service who were the victims of sexual assault
during military service are able to substantiate claims for veterans
benefits, to support criminal or civil prosecutions by military or civil
authorities, and for such purposes relating to the documentation of the
incidence of sexual assault in the Armed Forces as the Secretary of
Defense considers appropriate.
(c) <> Elements.--In developing the
comprehensive policy required by subsection (a), the Secretary of
Defense shall consider, at a minimum, the following matters:
(1) Identification of records, including non-Department of
Defense records, relating to an incident of sexual assault, that
must be retained.
(2) Criteria for collection and retention of records.
(3) Identification of physical evidence and non-documentary
forms of evidence relating to sexual assaults that must be
retained.
(4) Length of time records, including Department of Defense
Forms 2910 and 2911, and evidence must be retained, except
that--
(A) the length of time physical evidence and
forensic evidence must be retained shall be not less
than five years; and
(B) the length of time documentary evidence relating
to sexual assaults must be retained shall be not less
than the length of time investigative records relating
to reports of sexual assaults of that type (restricted
or unrestricted reports) must be retained.
(5) Locations where records must be stored.
(6) Media which may be used to preserve records and assure
access, including an electronic systems of records.
(7) Protection of privacy of individuals named in records
and status of records under section 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act''), section 552a of title 5, United States Code
(commonly referred to as the ``Privacy Act''), restricted
reporting cases, and laws related to privilege.
(8) Access to records by victims of sexual assault, the
Department of Veterans Affairs, and others, including alleged
assailants and law enforcement authorities.
(9) Responsibilities for record retention by the military
departments.
(10) Education and training on record retention
requirements.
(11) Uniform collection of data on the incidence of sexual
assaults and on disciplinary actions taken in substantiated
cases of sexual assault.
(d) <> Uniform Application to Military
Departments.--The Secretary of Defense shall ensure that, to the maximum
extent practicable, the policy developed under subsection (a) is
implemented uniformly by the military departments.
(e) Copy of Records of Court-martial to Victim of Sexual Assault.--
Section 854 of title 10, United States Code (article 54 of the Uniform
Code of Military Justice), is amended by adding at the end the following
new subsection:
``(e) In the case of a general or special court-martial involving a
sexual assault or other offense covered by section 920 of this title
(article 120), a copy of all prepared records of the proceedings
[[Page 1436]]
of the court-martial shall be given to the victim of the offense if the
victim testified during the proceedings. The records of the proceedings
shall be provided without charge and as soon as the records
are <> authenticated. The victim shall be notified
of the opportunity to receive the records of the proceedings.''.
Subtitle I--Other Matters
SEC. 588. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL
RECOVERY REINTEGRATION AND POST-ISOLATION
SUPPORT ACTIVITIES.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by inserting after section 1056 the following new section:
``Sec. 1056a. <> Reintegration of recovered
Department of Defense personnel; post-
isolation support activities for other
recovered personnel
``(a) Reintegration and Support Authorized.--The Secretary of
Defense may carry out the following:
``(1) Reintegration activities for recovered persons who are
Department of Defense personnel.
``(2) Post-isolation support activities for or on behalf of
other recovered persons who are officers or employees of the
United States Government, military or civilian officers or
employees of an allied or coalition partner of the United
States, or other United States or foreign nationals.
``(b) Activities Authorized.--(1) The activities authorized by
subsection (a) for or on behalf of a recovered person may include the
following:
``(A) The provision of food, clothing, necessary medical
support, and essential sundry items for the recovered person.
``(B) In accordance with regulations prescribed by the
Secretary of Defense, travel and transportation allowances for
not more than three family members, or other designated
individuals, determined by the commander or head of a military
medical treatment facility to be beneficial for the
reintegration of the recovered person and whose presence may
contribute to improving the physical and mental health of the
recovered person.
``(C) Transportation or reimbursement for transportation in
connection with the attendance of the recovered person at events
or functions determined by the commander or head of a military
medical treatment facility to contribute to the physical and
mental health of the recovered person.
``(2) Medical support may be provided under paragraph (1)(A) to a
recovered person who is not a member of the armed forces for not more
than 20 days.
``(c) Definitions.--In this section:
``(1) The term `post-isolation support', in the case of a
recovered person, means--
``(A) the debriefing of the recovered person
following a separation as described in paragraph (2);
``(B) activities to promote or support the physical
and mental health of the recovered person following such
a separation; and
[[Page 1437]]
``(C) other activities to facilitate return of the
recovered person to military or civilian life as
expeditiously as possible following such a separation.
``(2) The term `recovered person' means an individual who is
returned alive from separation (whether as an individual or a
group) while participating in or in association with a United
States-sponsored military activity or mission in which the
individual was detained in isolation or held in captivity by a
hostile entity.
``(3) The term `reintegration', in the case of a recovered
person, means--
``(A) the debriefing of the recovered person
following a separation as described in paragraph (2);
``(B) activities to promote or support for the
physical and mental health of the recovered person
following such a separation; and
``(C) other activities to facilitate return of the
recovered person to military duty or employment with the
Department of Defense as expeditiously as possible
following such a separation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by inserting after the item relating
to section 1056 the following new item:
``1056a. Reintegration of recovered Department of Defense personnel;
post-isolation support activities for other recovered
personnel.''.
SEC. 589. MILITARY ADAPTIVE SPORTS PROGRAM.
(a) Program Authorized.--Chapter 152 of title 10, United States
Code, is amended by inserting after section 2564 the following new
section:
``Sec. 2564a. <> Provision of assistance for
adaptive sports programs for members of the
armed forces
``(a) Program Authorized.--(1) The Secretary of Defense may
establish a military adaptive sports program to support the provision of
adaptive sports programming for members of the armed forces who are
eligible to participate in adaptive sports because of an injury or wound
incurred in the line of duty in the armed forces.
``(2) In establishing the military adaptive sports program, the
Secretary of Defense shall--
``(A) <> consult with the Secretary of
Veterans Affairs; and
``(B) avoid duplicating programs conducted by the Secretary
of Veterans Affairs under section 521A of title 38.
``(b) <> Provision of Assistance;
Purpose.--(1) Under such criteria as the Secretary of Defense may
establish under the military adaptive sports program, the Secretary may
award grants to, or enter into contracts and cooperative agreements
with, entities for the purpose of planning, developing, managing, and
implementing adaptive sports programming for members described in
subsection (a).
``(2) The Secretary of Defense shall use competitive procedures to
award any grant or to enter into any contract or cooperative agreement
under this subsection.
``(c) Use of Assistance.--Assistance provided under the military
adaptive sports program shall be used--
``(1) for the purposes specified in subsection (b); and
[[Page 1438]]
``(2) for such related activities and expenses as the
Secretary of Defense may authorize.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
717 the following new item:
``2564a. Provision of assistance for adaptive sports programs for
members of the armed forces.''.
SEC. 590. ENHANCEMENT AND IMPROVEMENT OF YELLOW RIBBON
REINTEGRATION PROGRAM.
(a) Inclusion of Programs of Outreach in Program.--Subsection (b) of
section 582 of the National Defense Authorization Act for Fiscal Year
2008 (10 U.S.C. 10101 note) is amended by inserting ``(including
programs of outreach)'' after ``informational events and activities''.
(b) Restatement of Functions of Center for Excellence in
Reintegration and Inclusion in Functions of Identification of Best
Practices in Programs of Outreach.--Subsection (d)(2) of such section is
amended by striking the second, third, and fourth sentences and
inserting the following: ``The Center shall have the following
functions:
``(A) To collect and analyze `lessons learned' and
suggestions from State National Guard and Reserve
organizations with existing or developing reintegration
programs.
``(B) To assist in developing training aids and
briefing materials and training representatives from
State National Guard and Reserve organizations.
``(C) To develop and implement a process for
evaluating the effectiveness of the Yellow Ribbon
Reintegration Program in supporting the health and well-
being of members of the Armed Forces and their families
throughout the deployment cycle described in subsection
(g).
``(D) To develop and implement a process for
identifying best practices in the delivery of
information and services in programs of outreach as
described in subsection (j).''.
(c) State-led Programs of Outreach.--Such section is further amended
by adding at the end the following new subsection:
``(j) State-led Programs of Outreach.--The Office for Reintegration
Programs may work with the States, whether acting through or in
coordination with their National Guard and Reserve organizations, to
assist the States and such organizations in developing and carrying out
programs of outreach for members of the Armed Forces and their families
to inform and educate them on the assistance and services available to
them under the Yellow Ribbon Reintegration Program, including the
assistance and services described in subsection (h).''.
(d) Scope of Activities Under Programs of Outreach.--Such section is
further amended by adding at the end the following new subsection:
``(k) Scope of Activities Under Programs of Outreach.--For purposes
of this section, the activities and services provided under programs of
outreach may include personalized and substantive care coordination
services targeted specifically to individual members of the Armed Forces
and their families.''.
SEC. 591. ARMY NATIONAL MILITARY CEMETERIES.
(a) Management Responsibilities and Oversight.--
[[Page 1439]]
(1) In general.--Title 10, United States Code, is amended by
inserting after chapter 445 the following new chapter:
``CHAPTER 446--ARMY NATIONAL MILITARY CEMETERIES
``Sec.
``4721. Authority and responsibilities of the Secretary of the Army.
``4722. Interment and inurnment policy.
``4723. Advisory committee on Arlington National Cemetery.
``4724. Executive Director.
``4725. Superintendents.
``4726. Oversight and inspections.
``Sec. 4721. <> Authority and responsibilities
of the Secretary of the Army
``(a) General Authority.--The Secretary of the Army shall develop,
operate, manage, administer, oversee, and fund the Army National
Military Cemeteries specified in subsection (b) in a manner and to
standards that fully honor the service and sacrifices of the deceased
members of the armed forces buried or inurned in the Cemeteries.
``(b) Army National Military Cemeteries.--The Army National Military
Cemeteries (in this chapter referred to as the `Cemeteries') consist of
the following:
``(1) Arlington National Cemetery in Arlington, Virginia.
``(2) The United States Soldiers' and Airmen's Home National
Cemetery in the District of Colombia.
``(c) Administrative Jurisdiction.--The Cemeteries shall be under
the jurisdiction of Headquarters, Department of the Army.
``(d) Regulations and Other Policies.--The Secretary of the Army
shall prescribe such regulations and policies as may be necessary to
administer the Cemeteries.
``(e) Budgetary and Reporting Requirements.--The Secretary of the
Army shall submit to the congressional defense committees and the
Committees on Veterans' Affairs of the Senate and House of
Representatives an annual budget request (and detailed justifications
for the amount of the request) to fund administration, operation and
maintenance, and construction related to the Cemeteries. The Secretary
may include, as necessary, proposals for new or amended statutory
authority related to the Cemeteries.
``Sec. 4722. <> Interment and inurnment policy
``(a) Eligibility Determinations Generally.--(1) The Secretary of
the Army, with the approval of the Secretary of Defense, shall determine
eligibility for interment or inurnment in the Cemeteries.
``(2) <> The Secretary of the Army, with the
approval of the Secretary of Defense, shall establish policy and
procedures for reviewing and determining requests for exceptions to
interment and inurnment eligibility policy, which shall include a
requirement, before granting the request for an exception, for
notification of the Committees on Armed Services and the Committees on
Veterans Affairs of the Senate and the House of Representatives.
``(b) Removal of Remains.--Under such regulations as the Secretary
of the Army may prescribe under section 4721(d) of this title, the
Secretary of the Army may authorize the removal of
[[Page 1440]]
the remains of a person described in subsection (c) from one of the
Cemeteries for re-interment or re-inurnment if, upon the death of the
primary person eligible for interment or inurnment in the Cemeteries,
the deceased primary eligible person will not be buried in the same or
an adjoining grave.
``(c) Covered Persons.--Except as provided in subsection (d), the
persons whose remains may be removed pursuant to subsection (b) are the
deceased spouse, a minor child, and, in the discretion of the Secretary
of the Army, an unmarried adult child of a member eligible for interment
or inurnment in the Cemeteries.
``(d) Exceptions.--The remains of a person described in subsection
(c) may not be removed from one of the Cemeteries under subsection (b)
if the primary person eligible for burial in the Cemeteries is a
person--
``(1) who is missing in action;
``(2) whose remains have not been recovered or identified;
``(3) whose remains were buried at sea, whether by the
choice of the person or otherwise;
``(4) whose remains were donated to science; or
``(5) whose remains were cremated and whose ashes were
scattered without interment of any portion of the ashes.
``Sec. 4723. <> Advisory committee on
Arlington National Cemetery
``(a) Appointment.--The Secretary of the Army shall appoint an
advisory committee on Arlington National Cemetery.
``(b) <> Role.--The Secretary of the Army
shall advise and consult with the advisory committee with respect to the
administration of Arlington National Cemetery, the erection of memorials
at the cemetery, and master planning for the cemetery.
``(c) Reports and Recommendations.--The advisory committee shall
make periodic reports and recommendations to the Secretary of the Army.
``(d) <> Submission to Congress.--Not
later than 90 days after receiving a report or recommendations from the
advisory committee under subsection (c), the Secretary of the Army shall
submit the report or recommendations to the congressional defense
committees and the Committees on Veterans' Affairs of the Senate and
House of Representatives and include such comments and recommendations
of the Secretary as the Secretary considers appropriate.
``Sec. 4724. <> Executive Director
``(a) Appointment and Qualifications.--(1) There shall be an
Executive Director of the Army National Military Cemeteries who shall
meet such professional qualifications as may be established by the
Secretary of the Army.
``(2) The Executive Director reports directly to the Secretary.
``(b) Responsibilities.--The Executive Director is responsible for
the following:
``(1) Exercising authority, direction and control over all
aspects of the Cemeteries.
``(2) Establishing and maintaining full accountability for
all gravesites and inurnment niches in the Cemeteries.
``(3) Oversight of the construction, operation and
maintenance, and repair of the buildings, structures, and
utilities of the Cemeteries.
``(4) Acquisition and maintenance of real property and
interests in real property for the Cemeteries.
[[Page 1441]]
``(5) Planning and conducting private ceremonies at the
Cemeteries, including funeral and memorial services for
interment and inurnment, and planning and conducting public
ceremonies, as directed by the Secretary of the Army.
``(6) Formulating, promulgating, administering, and
overseeing policies and addressing proposals for the placement
of memorials and monuments in the Cemeteries.
``(7) Formulating and implementing a master plan for
Arlington National Cemetery that, at a minimum, addresses
interment and inurnment capacity, visitor accommodation,
operation and maintenance, capital requirements, preservation of
the cemetery's special features, and other matters the Executive
Director considers appropriate.
``(8) Overseeing the programming, planning, budgeting, and
execution of funds authorized and appropriated for the
Cemeteries.
``(9) Providing recommendations regarding any request for an
exception to interment and inurnment eligibility policy.
``(10) Supervising the superintendents of the Cemeteries.
``Sec. 4725. <> Superintendents
``(a) Appointment and Qualifications.--An individual serving as the
superintendent of one of the Cemeteries should have, as determined by
the Secretary of the Army--
``(1) experience in the administration, management, and
operation of cemeteries under the jurisdiction of the National
Cemeteries System administered by the Department of Veterans
Affairs; or
``(2) experience in the administration, management, and
operation of large civilian cemeteries equivalent to the
experience described in paragraph (1).
``(b) Duties.--The superintendents of the Cemeteries report directly
to the Executive Director and performs such duties and responsibilities
as the Executive Director prescribes.
``Sec. 4726. <> Oversight and inspections
``(a) Inspections Required.--The Secretary of the Army shall provide
for the oversight of the Cemeteries to ensure the highest quality
standards are maintained by providing for the periodic inspection of the
administration, operation and maintenance, and construction elements
applicable to the Cemeteries. The inspections shall be conducted by
personnel of the Department of the Army with the assistance, as the
Secretary considers appropriate, of personnel from other Federal
agencies and civilian experts.
``(b) <> Submission of Results.--Not
later than 120 days after the completion of an inspection conducted
under subsection (a), the Secretary of the Army shall submit to the
congressional defense committees a report containing the results of the
inspection and recommendations and a plan for corrective actions to be
taken in response to the inspection.''.
(2) Table of chapters.--The table of chapters at the
beginning of subtitle B of such title and at the beginning of
part IV of such subtitle are amended by inserting after the item
relating to chapter 445 the following new item:
``446. Army National Military Cemeteries.........................4721''.
(b) Digitization of Arlington National Cemetery Interment and
Inurnment Records.--
[[Page 1442]]
(1) Deadline for conversion and use.--Not later than June 1,
2012, all records related to interments and inurnments at
Arlington National Cemetery shall be converted to a digitized
format. Thereafter, use of the digitized format shall be the
method by which all subsequent records related to interments and
inurnments at Arlington National Cemetery are preserved and
utilized.
(2) Digitized format defined.--In this subsection, the term
``digitized format'' refers to the use of an electronic database
for recordkeeping and includes the full accounting of all
records of each specific gravesite and niche location at
Arlington National Cemetery and the identification of the
individual interred or inurned at each specific gravesite and
niche location.
(c) Additional Inspection Requirement.--During fiscal years 2013 and
2015, the Inspector General of the Department of Defense shall conduct
an inspection of--
(1) Arlington National Cemetery in Arlington, Virginia; and
(2) the United States Soldiers' and Airmen's Home National
Cemetery in the District of Colombia.
SEC. 592. INSPECTION OF MILITARY CEMETERIES UNDER JURISDICTION OF
THE MILITARY DEPARTMENTS.
(a) Inspection and Recommendations Required.--The Inspector General
of each military department shall conduct an inspection of each military
cemetery under the jurisdiction of that military department and, based
on the findings of those inspections, make recommendations for the
regulation, management, oversight, and operation of the military
cemeteries.
(b) Elements of Inspection.--The inspection of military cemeteries
conducted by the Inspector General of a military department under
subsection (a) shall include an assessment of the following:
(1) The adequacy of the statutes, policies, and regulations
governing the management, oversight, operations, and interments
or inurnments (or both) by the military cemeteries under the
jurisdiction of that military department and the adherence of
such military cemeteries to such statutes, policies, and
regulations.
(2) The system employed to fully account for and accurately
identify the remains interred or inurned in such military
cemeteries.
(3) The contracts and contracting processes and oversight of
those contracts and processes with regard to compliance with
Department of Defense and military department guidelines.
(4) The history and adequacy of the oversight conducted by
the Secretary of the military department over such military
cemeteries and the adequacy of corrective actions taken as a
result of that oversight.
(5) The statutory and policy guidance governing the
authorization for the Secretary of the military department to
operate such military cemeteries and an assessment of the budget
and appropriations structure and history of such military
cemeteries.
(6) Such other matters as the Inspector General considers to
be appropriate.
(c) Inspection of Additional Cemeteries.--
[[Page 1443]]
(1) Inspection required.--In addition to the inspections
required by subsection (a), the Inspector General of the
Department of Defense shall conduct an inspection of a
statistically valid sample of cemeteries located at current or
former military installations inside and outside the United
States that are under the jurisdiction of the military
departments for the purpose of obtaining an assessment of the
adequacy of and adherence to the statutes, policies, and
regulations governing the management, oversight, operations, and
interments or inurnments (or both) by those cemeteries.
(2) Exclusion.--Paragraph (1) does not apply to the
cemeteries maintained by the American Battle Monuments
Commission and the military cemeteries identified in subsection
(e).
(d) <> Submission of Inspection Results
and Corrective Action Plans.--
(1) Military cemetery inspections.--Not later than May 15,
2012, the Secretaries of the military departments shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report containing--
(A) the findings of the inspections of the military
cemeteries conducted under subsection (a);
(B) the recommendations of the Inspectors General of
the military departments based on such inspections; and
(C) a plan for corrective action.
(2) Inspection of additional cemeteries.--Not later than
December 31, 2012, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing the
findings of the inspections conducted under subsection (c) and
the recommendations of the Inspector General based on such
inspections. Not later than April 1, 2013, the Secretaries of
the military departments shall submit to such committees a plan
for corrective action.
(e) Military Cemetery Defined.--In subsections (a) and (b), the term
``military cemetery'' means the cemeteries that are under the
jurisdiction of a Secretary of a military department at the following
locations:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 593. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE
CROSS FOR CAPTAIN FREDRICK L. SPAULDING
FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations specified
in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the Secretary of the Army is authorized to
award the Distinguished Service Cross under section 3742 of such title
to Captain Fredrick L. Spaulding for acts of valor during the Vietnam
War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Fredrick L. Spaulding, on July 23,
1970, as a member of the United States Army serving in the grade of
Captain in the Republic of Vietnam while assigned
[[Page 1444]]
with Headquarters and Headquarters Company, 3d Brigade, 101st Airborne
Division.
SEC. 594. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO
EMIL KAPAUN FOR ACTS OF VALOR DURING THE
KOREAN WAR.
(a) <> Authorization.--Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President is
authorized and requested to award the Medal of Honor posthumously under
section 3741 of such title to Emil Kapaun for the acts of valor during
the Korean War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of then Captain Emil Kapaun as a member
of the 8th Cavalry Regiment during the Battle of Unsan on November 1 and
2, 1950, and while a prisoner of war until his death on May 23, 1951,
during the Korean War.
SEC. 595. <> REVIEW REGARDING AWARD OF
MEDAL OF HONOR TO JEWISH AMERICAN WORLD
WAR I VETERANS.
(a) Review Required.--The Secretary of the Army and the Secretary of
the Navy shall review the service of each Jewish American World War I
veteran described in subsection (b) to determine whether such veteran
should be posthumously awarded the Medal of Honor.
(b) Covered Jewish American War Veterans.--The Jewish American World
War I veterans whose service is to be reviewed under subsection (a) are
any Jewish American World War I veterans awarded the Distinguished
Service Cross or the Navy Cross for heroism during World War I and whose
name and supporting material for upgrade of the award are submitted to
the Secretary concerned for such purpose before the end of the one-year
period beginning on the date of the enactment of this Act.
(c) Recommendation Based on Review.--If the Secretary concerned
determines, based upon the review under subsection (a) that the award of
the Medal of Honor to a veteran is warranted, the Secretary shall submit
to the Secretary of Defense a recommendation that the Medal of Honor be
awarded posthumously to the veteran.
(d) World War I Defined.--In this section, the term ``World War I''
means the period beginning on April 6, 1917, and ending on November 11,
1918.
SEC. 596. REPORT ON PROCESS FOR EXPEDITED DETERMINATION OF
DISABILITY OF MEMBERS OF THE ARMED FORCES
WITH CERTAIN DISABLING CONDITIONS.
(a) In General.--Not later than September 1, 2012, the Secretary of
Defense shall submit to the congressional defense committees a report
setting forth an assessment of the feasibility and advisability of the
establishment by the military departments of a process to expedite the
determination of disability with respect to members of the Armed Forces,
including regular members and members of the reserve components, who
suffer from certain disabling diseases or conditions. If the
establishment of such a process is considered feasible and advisable,
the report shall set forth such recommendations for legislative and
administrative action as
[[Page 1445]]
the Secretary considers appropriate for the establishment of such
process.
(b) Requirements for Report.--
(1) Evaluation of appropriate elements of similar federal
programs.--In preparing the report required by subsection (a),
the Secretary of Defense shall evaluate elements of programs for
expedited determinations of disability that are currently
carried out by other departments and agencies of the Federal
Government, including the Quick Disability Determination program
and the Compassionate Allowances program of the Social Security
Administration.
(2) Consultation.--The Secretary of Defense shall conduct
the study in consultation with the Secretary of Veterans
Affairs.
SEC. 597. COMPTROLLER GENERAL STUDY OF MILITARY NECESSITY OF
SELECTIVE SERVICE SYSTEM AND ALTERNATIVES.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study--
(1) to assess the necessity of the Selective Service System
to the Department of Defense in meeting future military manpower
requirements that are in excess of the ability of the all-
volunteer force; and
(2) to determine the fiscal and national security impacts
of--
(A) disestablishing the Selective Service System;
(B) putting the Selective Service System into a deep
standby mode, defined as retaining only personnel
sufficient to conduct necessary functions, to include
maintaining the registration database; and
(C) requiring the Department of Defense, or other
Federal department, upon disestablishment of the
Selective Service System and repeal of registration
requirements, to assume responsibility for securing the
Selective Service System registration data bases, and
keeping them updated.
(b) Additional Considerations for Each Option.--As part of
considering the impacts of disestablishment of the Selective Service
System, putting it into a deep standby mode, or transferring
responsibilities as described in subsection (a)(2)(C), the Comptroller
General shall provide for each option--
(1) an estimate of the annual cost or savings of each option
to the Federal government; and
(2) the feasibility, cost, and time required for each
option--
(A) to reestablish the capability to meet the
Selective Service System mission, as it existed before
disestablishment; and
(B) to provide the Department of Defense the
required number of conscripts for training, should
conscription be authorized by Congress.
(c) Special Considerations Regarding Registration.--The study shall
also include an assessment of the feasibility, cost, and time required
to meet registration requirements by--
(1) using existing Federal and State government institutions
as an alternative to Selective Service registration to maintain
an accurate, comprehensive database of Americans who, according
to existing Selective Service System registration requirements,
would be subject to conscription should conscription be
authorized; and
[[Page 1446]]
(2) integrating various alternative registration databases
for use in connection with conscription and provide a means to
keep updated and accurate the Selective Service System database
under each of the options described in subsection (a)(2).
(d) <> Submission of Results.--Not later
than May 1, 2012, the Comptroller General shall submit the Committees on
Armed Services of the Senate and House of Representatives a report
containing the results of the study.
SEC. 598. EVALUATION OF ISSUES AFFECTING DISPOSITION OF REMAINS OF
AMERICAN SAILORS KILLED IN THE EXPLOSION
OF THE KETCH U.S.S. INTREPID IN TRIPOLI
HARBOR ON SEPTEMBER 4, 1804.
(a) <> Evaluation Required.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense and the Secretary of the Navy shall conduct an evaluation of the
following issues with respect to the disposition of the remains of
American sailors killed in the explosion of the ketch U.S.S. Intrepid in
Tripoli Harbor on September 4, 1804:
(1) The feasibility of recovery of the remains based on
historical information, factual considerations, costs, and
precedential effect.
(2) The ability to make identifications of the remains
within a two-year period based on conditions and facts that
would have to exist for positive scientific identification of
the remains.
(3) The diplomatic and inter-governmental issues that would
have to be addressed in order to provide for exhuming and
removing the remains consistent with the sovereignty of the
Libyan government.
(b) Participation and Consultation.--The Secretary of Defense and
the Secretary of the Navy shall conduct the evaluation under subsection
(a) with the participation of the Defense POW/Missing Personnel Office
and the Joint POW/MIA Accounting Command and in consultation with the
Secretary of State.
(c) Submission of Recommendation.--Upon completion of the evaluation
as required by subsection (a), the Secretary of Defense and the
Secretary of State shall submit to the Committees on Armed Services of
the Senate and the House of Representatives their recommendation
regarding the proposal to exhume, identify, and relocate the remains of
the American sailors referred to in such subsection and the reasons
supporting their recommendation.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Resumption of authority to provide temporary increase in rates
of basic allowance for housing under certain circumstances.
Sec. 602. Lodging accommodations for members assigned to duty in
connection with commissioning or fitting out of a ship.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay
authorities for health care professionals.
[[Page 1447]]
Sec. 613. One-year extension of special pay and bonus authorities for
nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37
consolidated special pay, incentive pay, and bonus
authorities.
Sec. 615. One-year extension of authorities relating to payment of other
title 37 bonuses and special pays.
Sec. 616. Modification of qualifying period for payment of hostile fire
and imminent danger special pay and hazardous duty special
pay.
Subtitle C--Travel and Transportation Allowances Generally
Sec. 621. One-year extension of authority to reimburse travel expenses
for inactive-duty training outside of normal commuting
distance.
Subtitle D--Consolidation and Reform of Travel and Transportation
Authorities
Sec. 631. Consolidation and reform of travel and transportation
authorities of the uniformed services.
Sec. 632. Transition provisions.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
Sec. 641. Discretion of the Secretary of the Navy to select categories
of merchandise to be sold by ship stores afloat.
Sec. 642. Access of military exchange stores system to credit available
through Federal Financing Bank.
Sec. 643. Designation of Fisher House for the Families of the Fallen and
Meditation Pavilion, Dover Air Force Base, Delaware, as a
Fisher House.
Subtitle F--Disability, Retired Pay and Survivor Benefits
Sec. 651. Death gratuity and related benefits for Reserves who die
during an authorized stay at their residence during or
between successive days of inactive duty training.
Subtitle G--Other Matters
Sec. 661. Report on basic allowance for housing for National Guard
members transitioning between active duty and full-time
National Guard duty.
Sec. 662. Report on incentives for recruitment and retention of health
care professionals.
Subtitle A--Pay and Allowances
SEC. 601. RESUMPTION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
RATES OF BASIC ALLOWANCE FOR HOUSING UNDER
CERTAIN CIRCUMSTANCES.
Section 403(b)(7)(E) of title 37, United States Code, is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2012''.
SEC. 602. LODGING ACCOMMODATIONS FOR MEMBERS ASSIGNED TO DUTY IN
CONNECTION WITH COMMISSIONING OR FITTING
OUT OF A SHIP.
(a) Extension to Precommissioning Unit Sailors.--Subsection (a) of
section 7572 of title 10, United States Code, is amended--
(1) by inserting ``or assigned to duty in connection with
commissioning or fitting out of a ship'' after ``sea duty''; and
(2) by inserting ``, because the ship is under construction
and is not yet habitable,'' after ``because of repairs,''.
(b) Extension to Enlisted Members.--Subsection (d) of such section
is amended--
(1) in paragraph (1)--
(A) by striking ``After the expiration of the
authority provided in subsection (b), an officer'' and
inserting ``A member'';
(B) by striking ``officer's quarters'' and inserting
``member's quarters'';
[[Page 1448]]
(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
[[Page 1449]]
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.
[[Page 1450]]
(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.
[[Page 1451]]
(7) Section 327(h), relating to incentive bonus for transfer
between armed forces.
(8) Section 330(f), relating to accession bonus for officer
candidates.
SEC. 616. MODIFICATION OF QUALIFYING PERIOD FOR PAYMENT OF HOSTILE
FIRE AND IMMINENT DANGER SPECIAL PAY AND
HAZARDOUS DUTY SPECIAL PAY.
(a) Hostile Fire and Imminent Danger Pay.--Section 310 of title 37,
United States Code, is amended--
(1) in subsection (a), by striking ``for any month or
portion of a month'' and inserting ``for any day or portion of a
day'';
(2) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Special Pay Amount.--(1) Except as provided in paragraph (2),
the amount of special pay authorized by subsection (a) for qualifying
service during a day or portion of a day shall be the amount equal to 1/
30th of the maximum monthly amount of special pay payable to a member as
specified in paragraph (3).
``(2) In the case of a member who is exposed to hostile fire or a
hostile mine explosion event in or for a day or portion of a day, the
Secretary concerned may, at the election of the Secretary, pay the
member special pay under subsection (a) for such service in an amount
not to exceed the maximum monthly amount of special pay payable to a
member as specified in paragraph (3).
``(3) The maximum monthly amount of special pay payable to a member
under this subsection for any month is $225.''.
(3) in subsection (c)(1), by inserting ``for any day (or
portion of a day) of'' before ``not more than three additional
months''; and
(4) in subsection (d)(2), by striking ``any month'' and
inserting ``any day''.
(b) Hazardous Duty Pay.--Section 351(c)(2) of such title is amended
by striking ``receipt of hazardous duty pay,'' and all that follows and
inserting ``receipt of hazardous duty pay--
``(A) in the case of hazardous duty pay payable
under paragraph (1) of subsection (a), the Secretary
concerned--
``(i) shall prorate the payment amount to
reflect the duration of the member's actual
qualifying service during the month; or
``(ii) in the case of a member who is exposed
to hostile fire or an explosion of a hostile
explosive device in or for a day or portion of a
day, may, at the election of the Secretary, pay
the member hazardous duty pay in an amount not to
exceed the entire amount of hazardous duty pay
that would be payable to the member under such
paragraph (1) for the month in which the duty
concerned occurs (with the total amount of
hazardous duty pay paid the member under this
clause in any given month not to exceed such
entire amount); and
``(B) in the case of hazardous duty pay payable
under paragraph (2) or (3) of subsection (a), the
Secretary concerned may prorate the payment amount to
reflect the duration of the member's actual qualifying
service during the month.''.
[[Page 1452]]
Subtitle C--Travel and Transportation Allowances Generally
SEC. 621. ONE-YEAR EXTENSION OF AUTHORITY TO REIMBURSE TRAVEL
EXPENSES FOR INACTIVE-DUTY TRAINING
OUTSIDE OF NORMAL COMMUTING DISTANCE.
Section 408a(e) of title 37, United States Code, is amended by
striking ``December 31, 2011'' and inserting ``December 31, 2012''.
Subtitle D--Consolidation and Reform of Travel and Transportation
Authorities
SEC. 631. <> CONSOLIDATION AND REFORM OF
TRAVEL AND TRANSPORTATION AUTHORITIES OF
THE UNIFORMED SERVICES.
(a) Purpose.--This section establishes general travel and
transportation provisions for members of the uniformed services and
other travelers authorized to travel under official conditions.
Recognizing the complexities and the changing nature of travel, the
amendments made by this section provide the Secretary of Defense and the
other administering Secretaries with the authority to prescribe and
implement travel and transportation policy that is simple, clear,
efficient, and flexible, and that meets mission and servicemember needs,
while realizing cost savings that should come with a more efficient and
less cumbersome system for travel and transportation.
(b) Consolidated Authorities.--Title 37, United States Code, is
amended by inserting after chapter 7 the following new chapter:
``CHAPTER 8--TRAVEL AND TRANSPORTATION ALLOWANCES
``Sec.
``subchapter i--travel and transportation authorities--new law
``451. Definitions.
``452. Allowable travel and transportation: general authorities.
``453. Allowable travel and transportation: specific authorities.
``454. Travel and transportation: pilot programs.
``455. Appropriations for travel: may not be used for attendance at
certain meetings.
``subchapter ii--administrative provisions
``461. Relationship to other travel and transportation authorities.
``462. Travel and transportation allowances paid to members that are
unauthorized or in excess of authorized amounts: requirement
for repayment.
``463. Program of compliance; electronic processing of travel claims.
``464. Regulations.
``subchapter iii--travel and transportation authorities--old law
``471. Travel authorities transition expiration date.
``472. Definitions and other incorporated provisions of chapter 7.
``474. Travel and transportation allowances: general.
``474a. Travel and transportation allowances: temporary lodging
expenses.
``474b. Travel and transportation allowances: payment of lodging
expenses at temporary duty location during authorized absence
of member.
``475. Travel and transportation allowances: per diem while on duty
outside the continental United States.
``475a. Travel and transportation allowances: departure allowances.
``476. Travel and transportation allowances: dependents; baggage and
household effects.
[[Page 1453]]
``476a. Travel and transportation allowances: authorized for travel
performed under orders that are canceled, revoked, or
modified.
``476b. Travel and transportation allowances: members of the uniformed
services attached to a ship overhauling or inactivating.
``476c. Travel and transportation allowances: members assigned to a
vessel under construction.
``477. Travel and transportation allowances: dislocation allowance.
``478. Travel and transportation allowances: travel within limits of
duty station.
``478a. Travel and transportation allowances: inactive duty training
outside of the normal commuting distances.
``479. Travel and transportation allowances: house trailers and mobile
homes.
``480. Travel and transportation allowances: miscellaneous categories.
``481. Travel and transportation allowances: administrative provisions.
``481a. Travel and transportation allowances: travel performed in
connection with convalescent leave.
``481b. Travel and transportation allowances: travel performed in
connection with leave between consecutive overseas tours.
``481c. Travel and transportation allowances: travel performed in
connection with rest and recuperative leave from certain
stations in foreign countries.
``481d. Travel and transportation allowances: transportation incident to
personal emergencies for certain members and dependents.
``481e. Travel and transportation allowances: transportation incident to
certain emergencies for members performing temporary duty.
``481f. Travel and transportation allowances: transportation for
survivors of deceased member to attend the member's burial
ceremonies.
``481h. Travel and transportation allowances: transportation of
designated individuals incident to hospitalization of members
for treatment of wounds, illness, or injury.
``481i. Travel and transportation allowances: parking expenses.
``481j. Travel and transportation allowances: transportation of family
members incident to the repatriation of members held captive.
``481k. Travel and transportation allowances: non-medical attendants for
members determined to be very seriously or seriously wounded,
ill, or injured.
``481l. Travel and transportation allowances: attendance of members and
others at Yellow Ribbon Reintegration Program events.
``484. Travel and transportation: dependents of members in a missing
status; household and personal effects; trailers; additional
movements; motor vehicles; sale of bulky items; claims for
proceeds; appropriation chargeable.
``488. Allowance for recruiting expenses.
``489. Travel and transportation allowances: minor dependent schooling.
``490. Travel and transportation: dependent children of members
stationed overseas.
``491. Benefits for certain members assigned to the Defense Intelligence
Agency.
``492. Travel and transportation: members escorting certain dependents.
``494. Subsistence reimbursement relating to escorts of foreign arms
control inspection teams.
``495. Funeral honors duty: allowance.
``SUBCHAPTER I--TRAVEL AND TRANSPORTATION AUTHORITIES--NEW LAW
``Sec. 451. <> Definitions
``(a) Definitions Relating to Persons.--In this subchapter and
subchapter II:
``(1) The term `administering Secretary' or `administering
Secretaries' means the following:
``(A) The Secretary of Defense, with respect to the
armed forces (including the Coast Guard when it is
operating as a service in the Navy).
``(B) The Secretary of Homeland Security, with
respect to the Coast Guard when it is not operating as a
service in the Navy.
``(C) The Secretary of Commerce, with respect to the
National Oceanic and Atmospheric Administration.
``(D) The Secretary of Health and Human Services,
with respect to the Public Health Service.
[[Page 1454]]
``(2) The term `authorized traveler' means a person who is
authorized travel and transportation allowances when performing
official travel ordered or authorized by the administering
Secretary. Such term includes the following:
``(A) A member of the uniformed services.
``(B) A family member of a member of the uniformed
services.
``(C) A person acting as an escort or attendant for
a member or family member who is traveling on official
travel or is traveling with the remains of a deceased
member.
``(D) A person who participates in a military
funeral honors detail.
``(E) A Senior Reserve Officers' Training Corps
cadet or midshipman.
``(F) An applicant or rejected applicant for
enlistment.
``(G) Any person whose employment or service is
considered directly related to a Government official
activity or function under regulations prescribed under
section 464 of this title.
``(H) Any other person not covered by subparagraphs
(A) through (G) who is determined by the administering
Secretary pursuant to regulations prescribed under
section 464 of this title as warranting the provision of
travel benefits for purposes of the following:
``(i) Transportation of survivors to attend
burial services or transfer of deceased members
after death overseas as provided in section 481f
of this title.
``(ii) Transportation of designated
individuals incident to the hospitalization of
members as provided in section 481h of this title.
``(iii) Transportation of designated
individuals incident to the repatriation of
members as provided in section 481j of this title.
``(iv) Transportation of non-medical
attendants as provided in section 481k of this
title.
``(v) Transportation of designated individuals
to attend Yellow Ribbon Reintegration Program
events as provided in section 481l of this title.
``(vi) Transportation of a person with regard
to a single event when the administering Secretary
determines that the travel is necessary to ensure
fairness and equity, respond to emergency or
humanitarian circumstances, or serve the best
interests of the Government.
``(3) The term `family member', with respect to a member of
the uniformed services, means the following:
``(A) A dependent, as defined in section 401(a) of
this title.
``(B) A child, as defined in section 401(b)(1) of
this title.
``(C) A parent, as defined in section 401(b)(2) of
this title.
``(D) A sibling of the member.
``(E) A former spouse of the member.
``(b) Definitions Relating to Travel and Transportation
Allowances.--In this subchapter and subchapter II:
[[Page 1455]]
``(1) The term `official travel' means the following:
``(A) Military duty or official business performed
by an authorized traveler away from a duty assignment
location or other authorized location.
``(B) Travel performed by an authorized traveler
ordered to relocate from a permanent duty station to
another permanent duty station.
``(C) Travel performed by an authorized traveler
ordered to the first permanent duty station, or
separated or retired from uniformed service.
``(D) Local travel in or around the temporary duty
or permanent duty station.
``(E) Other travel as authorized or ordered by the
administering Secretary.
``(2) The term `actual and necessary expenses' means
expenses incurred in fact by an authorized traveler as a
reasonable consequence of official travel.
``(3) The term `travel allowances' means the daily lodging,
meals, and other related expenses, including relocation
expenses, incurred by an authorized traveler while on official
travel.
``(4) The term `transportation allowances' means the costs
of temporarily or permanently moving an authorized traveler, the
personal property of an authorized traveler, or a combination
thereof.
``(5) The term `transportation-, lodging-, or meals-in-kind'
means transportation, lodging, or meals provided by the
Government without cost to an authorized traveler.
``(6) The term `miscellaneous expenses' means authorized
expenses incurred in addition to authorized allowances during
the performance of official travel by an authorized traveler.
``(7) The term `personal property', with respect to
transportation allowances, includes baggage, furniture, and
other household items, clothing, privately owned vehicles, house
trailers, mobile homes, and any other personal items that would
not otherwise be prohibited by any other provision of law or
regulation prescribed under section 464 of this title.
``(8) The term `relocation allowances' means the costs
associated with relocating a member of the uniformed services
and the member's dependents between an old and new temporary or
permanent duty assignment location or other authorized location.
``(9) The term `dislocation allowances' means the costs
associated with relocation of the household of a member of the
uniformed services and the member's dependents in relation to a
change in the member's permanent duty assignment location
ordered for the convenience of the Government or incident to an
evacuation.
``Sec. 452. <> Allowable travel and
transportation: general authorities
``(a) In General.--Except as otherwise prohibited by law, a member
of the uniformed services or other authorized traveler may be provided
transportation-, lodging-, or meals-in-kind, or actual and necessary
expenses of travel and transportation, for, or in connection with,
official travel under circumstances as specified in regulations
prescribed under section 464 of this title.
[[Page 1456]]
``(b) Specific Circumstances.--The authority under subsection (a)
includes travel under or in connection with, but not limited to, the
following circumstances, to the extent specified in regulations
prescribed under section 464 of this title:
``(1) Temporary duty that requires travel between a
permanent duty assignment location and another authorized
temporary duty location, and travel in or around the temporary
duty location.
``(2) Permanent change of station that requires travel
between an old and new temporary or permanent duty assignment
location or other authorized location.
``(3) Temporary duty or assignment relocation related to
consecutive overseas tours or in-place-consecutive overseas
tours.
``(4) Recruiting duties for the armed forces.
``(5) Assignment or detail to another Government department
or agency.
``(6) Rest and recuperative leave.
``(7) Convalescent leave.
``(8) Reenlistment leave.
``(9) Reserve component inactive-duty training performed
outside the normal commuting distance of the member's permanent
residence.
``(10) Ready Reserve muster duty.
``(11) Unusual, extraordinary, hardship, or emergency
circumstances.
``(12) Presence of family members at a military medical
facility incident to the illness or injury of members.
``(13) Presence of family members at the repatriation of
members held captive.
``(14) Presence of non-medical attendants for very seriously
or seriously wounded, ill, or injured members.
``(15) Attendance at Yellow Ribbon Reintegration Program
events.
``(16) Missing status, as determined by the Secretary
concerned under chapter 10 of this title.
``(17) Attendance at or participation in international
sports competitions described under section 717 of title 10.
``(c) Matters Included.--Travel and transportation allowances which
may be provided under subsection (a) include the following:
``(1) Allowances for transportation, lodging, and meals.
``(2) Dislocation or relocation allowances paid in
connection with a change in a member's temporary or permanent
duty assignment location.
``(3) Other related miscellaneous expenses.
``(d) Mode of Providing Travel and Transportation Allowances.--Any
authorized travel and transportation may be provided--
``(1) as an actual expense;
``(2) as an authorized allowance;
``(3) in-kind; or
``(4) using a combination of the authorities under
paragraphs (1), (2), and (3).
``(e) Travel and Transportation Allowances When Travel Orders Are
Modified, etc.--An authorized traveler whose travel and transportation
order or authorization is canceled, revoked, or modified may be allowed
actual and necessary expenses or travel
[[Page 1457]]
and transportation allowances in connection with travel performed
pursuant to such order or authorization.
``(f) Advance Payments.--An authorized traveler may be allowed
advance payments for authorized travel and transportation allowances.
``(g) Responsibility for Unauthorized Expenses.--Any unauthorized
travel or transportation expense is not the responsibility of the United
States.
``(h) Relationship to Other Authorities.--The administering
Secretary may not provide payment under this section for an expense for
which payment may be provided from any other appropriate Government or
non-Government entity.
``Sec. 453. <> Allowable travel and
transportation: specific authorities
``(a) In General.--In addition to any other authority for the
provision of travel and transportation allowances, the administering
Secretaries may provide travel and transportation allowances under this
subchapter in accordance with this section.
``(b) Authorized Absence From Temporary Duty Location.--An
authorized traveler may be paid travel and transportation allowances, or
reimbursed for actual and necessary expenses of travel, incurred at a
temporary duty location during an authorized absence from that location.
``(c) Movement of Personal Property.--(1) A member of a uniformed
service may be allowed moving expenses and transportation allowances for
self and dependents associated with the movement of personal property
and household goods, including such expenses when associated with a
self-move.
``(2) The authority in paragraph (1) includes the movement and
temporary and non-temporary storage of personal property, household
goods, and privately owned vehicles (but not to exceed one privately
owned vehicle per member household) in connection with the temporary or
permanent move between authorized locations.
``(3) For movement of household goods, the administering Secretaries
shall prescribe weight allowances in regulations under section 464 of
this title. The prescribed weight allowances may not exceed 18,000
pounds (including packing, crating, and household goods in temporary
storage), except that the administering Secretary may, on a case-by-case
basis, authorize additional weight allowances as necessary.
``(4) The administering Secretary may prescribe the terms, rates,
and conditions that authorize a member of the uniformed services to ship
or store a privately owned vehicle.
``(5) No carrier, port agent, warehouseman, freight forwarder, or
other person involved in the transportation of property may have any
lien on, or hold, impound, or otherwise interfere with, the movement of
baggage and household goods being transported under this section.
``(d) Unusual or Emergency Circumstances.--An authorized traveler
may be provided travel and transportation allowances under this section
for unusual, extraordinary, hardship, or emergency circumstances,
including circumstances warranting evacuation from a permanent duty
assignment location.
``(e) Particular Separation Provisions.--The administering Secretary
may provide travel-in-kind and transportation-in-kind for
[[Page 1458]]
the following persons in accordance with regulations prescribed under
section 464 of this title:
``(1) A member who is retired, or is placed on the temporary
disability retired list, under chapter 61 of title 10.
``(2) A member who is retired with pay under any other law
or who, immediately following at least eight years of continuous
active duty with no single break therein of more than 90 days,
is discharged with separation pay or is involuntarily released
from active duty with separation pay or readjustment pay.
``(3) A member who is discharged under section 1173 of title
10.
``(f) Attendance at Memorial Ceremonies and Services.--A family
member or member of the uniformed services who attends a deceased
member's repatriation, burial, or memorial ceremony or service may be
provided travel and transportation allowances to the extent provided in
regulations prescribed under section 464 of this title.
``Sec. 454. <> Travel and transportation: pilot
programs
``(a) Pilot Programs.--Except as otherwise prohibited by law, the
Secretary of Defense may conduct pilot programs to evaluate alternative
travel and transportation programs, policies, and processes for
Department of Defense authorized travelers. Any such pilot program shall
be designed to enhance cost savings or other efficiencies that accrue to
the Government and be conducted so as to evaluate one or more of the
following:
``(1) Alternative methods for performing and reimbursing
travel.
``(2) Means for limiting the need for travel.
``(3) Means for reducing the environmental impact of travel.
``(b) Limitations.--(1) Not more than three pilot programs may be
carried out under subsection (a) at any one time.
``(2) The duration of a pilot program may not exceed four years.
``(3) The authority to carry out a pilot program is subject to the
availability of appropriated funds.
``(c) Reports.--(1) Not later than 30 days before the commencement
of a pilot program under subsection (a), the Secretary shall submit to
the congressional defense committees a report on the pilot program. The
report on a pilot program under this paragraph shall set forth a
description of the pilot program, including the following:
``(A) The purpose of the pilot program.
``(B) The duration of the pilot program.
``(C) The cost savings or other efficiencies anticipated to
accrue to the Government under the pilot program.
``(2) Not later than 60 days after the completion of a pilot
program, the Secretary shall submit to the congressional defense
committees a report on the pilot program. The report on a pilot program
under this paragraph shall set forth the following:
``(A) A description of results of the pilot program.
``(B) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program.
[[Page 1459]]
``(d) Congressional Defense Committees Defined.--In this section,
the term `congressional defense committees' has the meaning given that
term in section 101(a)(16) of title 10.
``SUBCHAPTER II--ADMINISTRATIVE PROVISIONS
``Sec. 461. <> Relationship to other travel and
transportation authorities
``An authorized traveler may not be paid travel and transportation
allowances or receive travel-in-kind and transportation-in-kind, or a
combination thereof, under both subchapter I and subchapter III for
official travel performed under a single or related travel and
transportation order or authorization by the administering Secretary.
``Sec. 462. <> Travel and transportation
allowances paid to members that are unauthorized
or in excess of authorized amounts: requirement
for repayment
``(a) Repayment Required.--Except as provided in subsection (b), a
member of the uniformed services or other person who is paid travel and
transportation allowances under subchapter I shall repay to the United
States any amount of such payment that is determined to be unauthorized
or in excess of the applicable authorized amount.
``(b) Exception.--The regulations prescribed under section 464 of
this title shall specify procedures for determining the circumstances
under which an exception to repayment otherwise required by subsection
(a) may be granted.
``(c) Effect of Bankruptcy.--An obligation to repay the United
States under this section is, for all purposes, a debt owed the United
States. A discharge in bankruptcy under title 11 does not discharge a
person from such debt if the discharge order is entered less than five
years after the date on which the debt was incurred.
``Sec. 463. <> Programs of compliance;
electronic processing of travel claims
``(a) Programs of Compliance.--The administering Secretaries shall
provide for compliance with the requirements of this chapter through
programs of compliance established and maintained for that purpose.
``(b) Elements.--The programs of compliance under subsection (a)
shall--
``(1) minimize the provision of benefits under this chapter
based on inaccurate claims, unauthorized claims, overstated or
inflated claims, and multiple claims for the same benefits
through the electronic verification of travel claims on a near-
time basis and such other means as the administering Secretaries
may establish for purposes of the programs of compliance; and
``(2) ensure that benefits provided under this chapter do
not exceed reasonable or actual and necessary expenses of travel
claimed or reasonable allowances based on commercial travel
rates.
``(c) <> Electronic Processing of Travel Claims.--
(1) By not later than the date that is five years after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2012, any travel claim under this chapter shall be processed
electronically.
[[Page 1460]]
``(2) The administering Secretary, or the Secretary's designee, may
waive the requirement in paragraph (1) with respect to a particular
claim in the interests of the department concerned.
``(3) <> The electronic processing of claims
under this subsection shall be subject to the regulations prescribed by
the Secretary of Defense under section 464 of this title which shall
apply uniformly to all members of the uniformed services and, to the
extent practicable, to all other authorized travelers.
``Sec. 464. <> Regulations
``This subchapter and subchapter I shall be administered under
terms, rates, conditions, and regulations prescribed by the Secretary of
Defense in consultation with the other administering Secretaries for
members of the uniformed services. Such regulations shall be uniform for
the Department of Defense and shall apply as uniformly as practicable to
the uniformed services under the jurisdiction of the other administering
Secretaries.
``SUBCHAPTER III--TRAVEL AND TRANSPORTATION AUTHORITIES--OLD LAW
``Sec. 471. <> Travel authorities transition
expiration date
``In this subchapter, the term `travel authorities transition
expiration date' means the last day of the 10-year period beginning on
the first day of the first month beginning after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2012.
``Sec. 472. <> Definitions and other
incorporated provisions of chapter 7
``(a) Definitions.--The provisions of section 401 of this title
apply to this subchapter.
``(b) Other Provisions.--The provisions of sections 421 and 423 of
this title apply to this subchapter.''.
(c) Repeal of Obsolete Authority.--Section 411g of title 37, United
States Code, is repealed.
(d) Transfer of Sections.--
(1) Transfer to subchapter i.--Section 412 of title 37,
United States Code, is transferred to chapter 8 of such title,
as added by subsection (b), inserted after section 454, and
redesignated as section 455.
(2) Transfer of current chapter 7 authorities to subchapter
iii.--Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b,
406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h
through 411l, 428 through 432, 434, and 435 of such title are
transferred (in that order) to chapter 8 of such title, as added
by subsection (b), inserted after section 472, and redesignated
as follows:
Section: Redesignated Section:
404 474
404a 474a
404b 474b
405 475
405a 475a
406 476
[[Page 1461]]
406a 476a
406b 476b
406c 476c
407 477
408 478
408a 478a
409 479
410 480
411 481
411a 481a
411b 481b
411c 481c
411d 481d
411e 481e
411f 481f
411h 481h
411i 481i
411j 481j
411k 481k
411l 481l
428 488
429 489
430 490
432 492
434 494
435 495
(3) Transfer of section 554.--Section 554 of such title is
transferred to chapter 8 of such title, as added by subsection
(b), inserted after section 481l (as transferred and
redesignated by paragraph (2)), and redesignated as section 484.
(e) Sunset of Old-Law Authorities.--Provisions of subchapter III of
chapter 8 of title 37, United States Code, as transferred and
redesignated by paragraphs (2) and (3) of subsection (c), are amended as
follows:
(1) Section 474 is amended by adding at the end the
following new subsection:
``(k) No travel and transportation allowance or reimbursement may be
provided under this section for travel that begins after the travel
authorities transition expiration date.''.
(2) Section 474a is amended by adding at the end the
following new subsection:
``(f) Termination.--No payment or reimbursement may be provided
under this section with respect to a change of permanent station for
which orders are issued after the travel authorities transition
expiration date.''.
(3) Section 474b is amended by adding at the end the
following new subsection:
``(e) Termination.--No payment or reimbursement may be provided
under this section with respect to an authorized absence that begins
after the travel authorities transition expiration date.''.
[[Page 1462]]
(4) Section 475 is amended by adding at the end the
following new subsection:
``(f) Termination.--During and after the travel authorities
expiration date, no per diem may be paid under this section for any
period.''.
(5) Section 475a is amended by adding at the end the
following new subsection:
``(c) During and after the travel authorities expiration date, no
allowance under subsection (a) or transportation or reimbursement under
subsection (b) may be provided with respect to an authority or order to
depart.''.
(6) Section 476 is amended by adding at the end the
following new subsection:
``(n) No transportation, reimbursement, allowance, or per diem may
be provided under this section--
``(1) with respect to a change of temporary or permanent
station for which orders are issued after the travel authorities
transition expiration date; or
``(2) in a case covered by this section when such orders are
not issued, with respect to a movement of baggage or household
effects that begins after such date.''.
(7) Section 476a is amended--
(A) by inserting ``(a) Authority.--'' before ``Under
uniform regulations''; and
(B) by adding at the end the following new
subsection:
``(b) Termination.--No transportation or travel or transportation
allowance may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(8) Section 476b is amended by adding at the end the
following new subsection:
``(e) No transportation or allowance may be provided under this
section for travel that begins after the travel authorities transition
expiration date.''.
(9) Section 476c is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation or allowance may be provided
under this section for travel that begins after the travel authorities
transition expiration date.''.
(10) Section 477 is amended by adding at the end the
following new subsection:
``(i) Termination.--No dislocation allowance may be paid under this
section for a move that begins after the travel authorities transition
expiration date.''.
(11) Section 478 is amended by adding at the end the
following new subsection:
``(c) No travel or transportation allowance, payment, or
reimbursement may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(12) Section 479 is amended by adding at the end the
following new subsection:
``(e) No transportation of a house trailer or mobile home, or
storage or payment in connection therewith, may be provided under this
section for transportation that begins after the travel authorities
transition expiration date.''.
(13) Section 480 is amended by adding at the end the
following new subsection:
[[Page 1463]]
``(c) No travel or transportation allowance may be provided under
this section for travel that begins after the travel authorities
transition expiration date.''.
(14) Section 481 is amended by adding at the end the
following new subsection:
``(e) The regulations prescribed under this section shall cease to
be in effect as of the travel authorities transition expiration date.''.
(15) Section 481a is amended by adding at the end the
following new subsection:
``(c) No travel and transportation allowance may be provided under
this section for travel that is authorized after the travel authorities
transition expiration date.''.
(16) Section 481b is amended by adding at the end the
following new subsection:
``(d) Termination.--No travel and transportation allowance may be
provided under this section for travel that is authorized after the
travel authorities transition expiration date.''.
(17) Section 481c is amended by adding at the end the
following new subsection:
``(c) No transportation may be provided under this section after the
travel authorities transition expiration date, and no payment may be
made under this section for transportation that begins after that
date.''.
(18) Section 481d is amended by adding at the end the
following new subsection:
``(d) No transportation may be provided under this section after the
travel authorities transition expiration date.''.
(19) Section 481e is amended by adding at the end the
following new subsection:
``(c) No travel and transportation allowance or reimbursement may be
provided under this section for travel that begins after the travel
authorities transition expiration date.''.
(20) Section 481f is amended by adding at the end the
following new subsection:
``(h) Termination.--No travel and transportation allowance or
reimbursement may be provided under this section for travel that begins
after the travel authorities transition expiration date.''.
(21) Section 481h is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins after
the travel authorities transition expiration date.''.
(22) Section 481i is amended by adding at the end the
following new subsection:
``(c) Termination.--No reimbursement may be provided under this
section for expenses incurred after the travel authorities transition
expiration date.''.
(23) Section 481j is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins after
the travel authorities transition expiration date.''.
(24) Section 481k is amended by adding at the end the
following new subsection:
[[Page 1464]]
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins after
the travel authorities transition expiration date.''.
(25) Section 481l is amended by adding at the end the
following new subsection:
``(e) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins after
the travel authorities transition expiration date.''.
(26) Section 484 is amended by adding at the end the
following new subsection:
``(k) No transportation, allowance, or reimbursement may be provided
under this section for a move that begins after the travel authorities
transition expiration date.''.
(27) Section 488 is amended--
(A) by inserting ``(a) Authority.--'' before ``In
addition''; and
(B) by adding at the end the following new
subsection:
``(b) Termination.--No reimbursement may be provided under this
section for expenses incurred after the travel authorities transition
expiration date.''.
(28) Section 489 is amended--
(A) by inserting ``(a) Authority.--'' before ``In
addition''; and
(B) by adding at the end the following new
subsection:
``(b) Termination.--No transportation or allowance may be provided
under this section for travel that begins after the travel authorities
transition expiration date.''.
(29) Section 490 is amended by adding at the end the
following new subsection:
``(g) Termination.--No transportation, allowance, reimbursement, or
per diem may be provided under this section for travel that begins after
the travel authorities transition expiration date.''.
(30) Section 492 is amended by adding at the end the
following new subsection:
``(c) No transportation or allowance may be provided under this
section for travel that begins after the travel authorities transition
expiration date.''.
(31) Section 494 is amended by adding at the end the
following new subsection:
``(d) Termination.--No reimbursement may be provided under this
section for expenses incurred after the travel authorities transition
expiration date.''.
(32) Section 495 is amended by adding at the end the
following new subsection:
``(c) Termination.--No allowance may be paid under this section for
any day after the travel authorities transition expiration date.''.
(f) Technical and Clerical Amendments.--
(1) Chapter heading.--The heading of chapter 7 of such title
is amended to read as follows: ``CHAPTER 7--ALLOWANCES OTHER
THAN TRAVEL AND TRANSPORTATION ALLOWANCES''.
(2) Table of chapters.--The table of chapter preceding
chapter 1 of such title is amended by striking the item relating
to chapter 7 and inserting the following:
``7. Allowances Other Than Travel and Transportation Allowances... 401
``8. Travel and Transportation Allowances.........................451''.
[[Page 1465]]
(3) Tables of sections.--
(A) The table of sections at the beginning of
chapter 7 of such title is amended by striking the items
relating to sections 404 through 412, 428 through 432,
434, and 435.
(B) The table of sections at the beginning of
chapter 9 of such title is amended by striking the item
relating to section 554.
(4) Cross-references.--
(A) <> Any section of title 10,
32, or 37, United States Code, that includes a reference
to a section of title 37 that is transferred and
redesignated by subsection (c) is amended so as to
conform the reference to the section number of the
section as so redesignated.
(B) <> Any reference in a provision of law other than
a section of title 10, 32, or 37, United States Code, to
a section of title 37 that is transferred and
redesignated by subsection (c) is deemed to refer to the
section as so redesignated.
SEC. 632. <> TRANSITION PROVISIONS.
(a) Implementation Plan.--The Secretary of Defense shall develop a
plan to implement subchapters I and II of chapter 8 of title 37, United
States Code (as added by section 631(b) of this Act), and to transition
all of the travel and transportation programs for members of the
uniformed services under chapter 7 of title 37, United States Code,
solely to provisions of those subchapters by the end of the transition
period.
(b) Authority for Modifications to Old-Law Authorities During
Transition Period.--During the transition period, the Secretary of
Defense and the Secretaries concerned, in using the authorities under
subchapter III of chapter 8 of title 37, United States Code (as so
added), may apply those authorities subject to the terms of such
provisions and such modifications as the Secretary of Defense may
include in the implementation plan required under subsection (a) or in
any subsequent modification to that implementation plan.
(c) Coordination.--The Secretary of Defense shall prepare the
implementation plan under subsection (a) and any modification to that
plan under subsection (b) in coordination with--
(1) the Secretary of Homeland Security, with respect to the
Coast Guard;
(2) the Secretary of Health and Human Services, with respect
to the commissioned corps of the Public Health Service; and
(3) the Secretary of Commerce, with respect to the National
Oceanic and Atmospheric Administration.
(d) <> Program of Compliance.--The Secretary of
Defense and the other administering Secretaries shall commence the
operation of the programs of compliance required by section 463 of title
37, United States Code (as so added), by not later than one year after
the date of the enactment of this Act.
(e) Transition Period.--In this section, the term ``transition
period'' means the 10-year period beginning on the first day of the
first month beginning after the date of the enactment of this Act.
[[Page 1466]]
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
and Operations
SEC. 641. DISCRETION OF THE SECRETARY OF THE NAVY TO SELECT
CATEGORIES OF MERCHANDISE TO BE SOLD BY
SHIP STORES AFLOAT.
Section 7604(c) of title 10, United States Code, is amended by
striking ``shall'' and inserting ``may''.
SEC. 642. ACCESS OF MILITARY EXCHANGE STORES SYSTEM TO CREDIT
AVAILABLE THROUGH FEDERAL FINANCING BANK.
Section 2487 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Access of Exchange Stores System to Federal Financing Bank.--
To facilitate the provision of in-store credit to patrons of the
exchange stores system while reducing the costs of providing such
credit, the Army and Air Force Exchange Service, Navy Exchange Service
Command, and Marine Corps exchanges may issue and sell their obligations
to the Federal Financing Bank as provided in section 6 of the Federal
Financing Bank Act of 1973 (12 U.S.C. 2285).''.
SEC. 643. DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF THE
FALLEN AND MEDITATION PAVILION, DOVER AIR
FORCE BASE, DELAWARE, AS A FISHER HOUSE.
The Fisher House for the Families of the Fallen and Meditation
Pavilion at Dover Air Force Base, Delaware, is hereby designated as a
Fisher House for purposes of section 2493 of title 10, United States
Code.
Subtitle F--Disability, Retired Pay and Survivor Benefits
SEC. 651. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES WHO DIE
DURING AN AUTHORIZED STAY AT THEIR
RESIDENCE DURING OR BETWEEN SUCCESSIVE
DAYS OF INACTIVE DUTY TRAINING.
(a) Death Gratuity.--
(1) Payment authorized.--Section 1475(a)(3) of title 10,
United States Code, is amended by inserting before the semicolon
the following: ``or while staying at the Reserve's residence,
when so authorized by proper authority, during the period of
such inactive duty training or between successive days of
inactive duty training''.
(2) Treatment as death during inactive duty training.--
Section 1478(a) of such title is amended--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) A person covered by subsection (a)(3) of section 1475
of this title who died while on authorized stay at the person's
residence during a period of inactive duty training or between
[[Page 1467]]
successive days of inactive duty training is considered to have
been on inactive duty training on the date of his death.''.
(b) Recovery, Care, and Disposition of Remains and Related
Benefits.--Section 1481(a)(2) of such title is amended--
(1) by redesignating subparagraph (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) staying at the member's residence, when so
authorized by proper authority, during a period of
inactive duty training or between successive days of
inactive duty training;''.
(c) <> Effective Date.--The amendments
made by this section shall take effect on the date of the enactment of
this Act, and shall apply with respect to deaths that occur on or after
that date.
Subtitle G--Other Matters
SEC. 661. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR NATIONAL GUARD
MEMBERS TRANSITIONING BETWEEN ACTIVE DUTY
AND FULL-TIME NATIONAL GUARD DUTY.
(a) Study.--The Secretary of Defense shall conduct a study on the
implications for the monthly amount of basic allowance for housing of
the transitions of members of the Army National Guard of the United
States and Air National Guard of the United States as follows:
(1) From active duty under title 10, United States Code, to
full-time National Guard duty under title 32, United States
Code.
(2) From full-time National Guard duty under title 32,
United States Code, to active duty under title 10, United States
Code.
(b) Requirements for Study.--In conducting the study required by
subsection (a), the Secretary shall--
(1) take into account all potential variations of
circumstance involving housing location, basic allowance for
housing rates, duration of service, duration of break in
service, and duty status;
(2) take into account all current applicable policies,
practices, and regulations;
(3) assess potential modifications of policy and law, and
develop recommendations for modifications of policy and law if
determined appropriate; and
(4) take into account the welfare of members of the Armed
Forces and their families when developing recommendations, if
any, under paragraph (3).
(c) Report.--Not later than five months after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study required by subsection (a). The
report shall set forth the results of the study, including a description
of the manner in which each matter specified in subsection (b) was met,
and include such comments and recommendations on the results of the
study as the Secretary considers appropriate.
[[Page 1468]]
SEC. 662. REPORT ON INCENTIVES FOR RECRUITMENT AND RETENTION OF
HEALTH CARE PROFESSIONALS.
Not later than 90 days after the date of the enactment of this Act,
the Surgeons General of the Army, Navy, and Air Force shall submit to
Congress a report on their staffing needs for health care professionals
in the active and reserve components of the Armed Forces. Such report
shall--
(1) identify the positions in most critical need for
additional health care professionals, including--
(A) the number of physicians needed; and
(B) whether additional behavioral health
professionals are needed to treat members of the Armed
Forces for post traumatic stress disorder and traumatic
brain injury; and
(2) recommend incentives for healthcare professionals with
more than 20 years of clinical experience to join the active or
reserve components, including changes in age or length of
service requirements to qualify for partial retired pay for non-
regular service.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Health Benefits
Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Mental health assessments for members of the Armed Forces
deployed in support of a contingency operation.
Sec. 703. Behavioral health support for members of the reserve
components of the Armed Forces.
Sec. 704. Provision of food to certain members and dependents not
receiving inpatient care in military medical treatment
facilities.
Sec. 705. Travel for anesthesia services for childbirth for command-
sponsored dependents of members assigned to remote locations
outside the continental United States.
Sec. 706. Transitional health benefits for certain members with
extension of active duty following active duty in support of
a contingency operation.
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior
Act.
Sec. 708. Transition enrollment of uniformed services family health plan
medicare-eligible retirees to TRICARE for life.
Subtitle B--Health Care Administration
Sec. 711. Codification and improvement of procedures for mental health
evaluations for members of the Armed Forces.
Sec. 712. Extension of time limit for submittal of claims under the
TRICARE program for care provided outside the United States.
Sec. 713. Expansion of State licensure exception for certain health care
professionals.
Sec. 714. Clarification on confidentiality of medical quality assurance
records.
Sec. 715. Maintenance of the adequacy of provider networks under the
TRICARE program.
Sec. 716. Review of the administration of the military health system.
Sec. 717. Limitation on availability of funds for the future electronic
health records program.
Subtitle C--Reports and Other Matters
Sec. 721. Modification of authorities on surveys on continued viability
of TRICARE Standard and TRICARE Extra.
Sec. 722. Treatment of wounded warriors.
Sec. 723. Report on research and treatment of post-traumatic stress
disorder.
Sec. 724. Report on memorandum regarding traumatic brain injuries.
Sec. 725. Comptroller General report on women-specific health services
and treatment for female members of the Armed Forces.
Sec. 726. Comptroller General report on contract health care staffing
for military medical treatment facilities.
[[Page 1469]]
Subtitle A--Improvements to Health Benefits
SEC. 701. ANNUAL ENROLLMENT FEES FOR CERTAIN RETIREES AND
DEPENDENTS.
(a) Annual Enrollment Fees.--Section 1097(e) of title 10, United
States Code, is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(1) The Secretary of Defense'';
(2) by striking ``A premium,'' and inserting ``Except as
provided by paragraph (2), a premium,''; and
(3) by adding at the end the following new paragraph:
``(2) <> Beginning October 1, 2012, the
Secretary of Defense may only increase in any year the annual enrollment
fees described in paragraph (1) by an amount equal to the percentage by
which retired pay is increased under section 1401a of this title.''.
(b) <> Clarification of
Application for Fiscal Year 2013.--The Secretary of Defense shall
determine the maximum enrollment fees for TRICARE Prime under section
1097(e)(2) of title 10, United States Code, as added by subsection (a),
for fiscal year 2013 and thereafter as if the enrollment fee for each
enrollee during fiscal year 2012 was the amount charged to an enrollee
who enrolled for the first time during such fiscal year.
SEC. 702. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Mental Health Examinations During a Deployment.--
(1) In general.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1074l the following new
section:
``Sec. 1074m. Mental health assessments for members of the armed
forces deployed in support of a contingency
operation
``(a) <> Mental Health Assessments.--(1) The
Secretary of Defense shall provide a person-to-person mental health
assessment for each member of the armed forces who is deployed in
support of a contingency operation as follows:
``(A) Once during the period beginning 120 days before the
date of the deployment.
``(B) Once during the period beginning 90 days after the
date of redeployment from the contingency operation and ending
180 days after such redeployment date.
``(C) Subject to subsection (d), not later than once during
each of--
``(i) the period beginning 180 days after the date
of redeployment from the contingency operation and
ending one year after such redeployment date; and
``(ii) the period beginning 18 months after such
redeployment date and ending 30 months after such
redeployment date.
``(2) <> A mental health assessment is not
required for a member of the armed forces under subparagraph (B) and (C)
of paragraph (1) if the Secretary determines that--
[[Page 1470]]
``(A) the member was not subjected or exposed to operational
risk factors during deployment in the contingency operation
concerned; or
``(B) providing such assessment to the member during the
time periods under such subparagraphs would remove the member
from forward deployment or put members or operational objectives
at risk.
``(b) Purpose.--The purpose of the mental health assessments
provided pursuant to this section shall be to identify post-traumatic
stress disorder, suicidal tendencies, and other behavioral health
conditions identified among members described in subsection (a) in order
to determine which such members are in need of additional care and
treatment for such health conditions.
``(c) Elements.--(1) The mental health assessments provided pursuant
to this section shall--
``(A) be performed by personnel trained and certified to
perform such assessments and may be performed--
``(i) by licensed mental health professionals if
such professionals are available and the use of such
professionals for the assessments would not impair the
capacity of such professionals to perform higher
priority tasks; and
``(ii) by personnel at private facilities in
accordance with section 1074(c) of this title;
``(B) include a person-to-person dialogue between members
described in subsection (a) and the professionals or personnel
described by subparagraph (A), as applicable, on such matters as
the Secretary shall specify in order that the assessments
achieve the purpose specified in subsection (b) for such
assessments;
``(C) be conducted in a private setting to foster trust and
openness in discussing sensitive health concerns;
``(D) be provided in a consistent manner across the military
departments; and
``(E) include a review of the health records of the member
that are related to each previous deployment of the member or
other relevant activities of the member while serving in the
armed forces, as determined by the Secretary.
``(2) <> The Secretary may treat periodic
health assessments and other person-to-person assessments that are
provided to members of the armed forces, including examinations under
section 1074f of this title, as meeting the requirements for mental
health assessments required under this section if the Secretary
determines that such assessments and person-to-person assessments meet
the requirements for mental health assessments established by this
section.
``(d) Cessation of Assessments.--No mental health assessment is
required to be provided to an individual under subsection (a)(1)(C)
after the individual's discharge or release from the armed forces.
``(e) Sharing of Information.--(1) The Secretary of Defense shall
share with the Secretary of Veterans Affairs such information on members
of the armed forces that is derived from confidential mental health
assessments, including mental health assessments provided pursuant to
this section and health assessments and other person-to-person
assessments provided before the date of the enactment of this section,
as the Secretary of Defense and the Secretary of Veterans Affairs
jointly consider appropriate to ensure continuity
[[Page 1471]]
of mental health care and treatment of members of the armed forces
during the transition from health care and treatment provided by the
Department of Defense to health care and treatment provided by the
Department of Veterans Affairs.
``(2) Any sharing of information under paragraph (1) shall occur
pursuant to a protocol jointly established by the Secretary of Defense
and the Secretary of Veterans Affairs for purposes of this subsection.
Any such protocol shall be consistent with the following:
``(A) Applicable provisions of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note),
including section 1614 of such Act (122 Stat. 443; 10 U.S.C.
1071 note).
``(B) Section 1720F of title 38.
``(3) <> Before each mental health assessment
is conducted under subsection (a), the Secretary of Defense shall ensure
that the member is notified of the sharing of information with the
Secretary of Veterans Affairs under this subsection.
``(f) Regulations.--(1) The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe regulations
for the administration of this section.
``(2) <> Not later than 270 days
after the date of the issuance of the regulations prescribed under
paragraph (1), the Secretary shall notify the congressional defense
committees of the implementation of the regulations by the military
departments.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1074l the following new item:
``1074m. Mental health assessments for members of the armed forces
deployed in support of a contingency operation.''.
(3) <>
Regulations.--The Secretary of Defense shall prescribe an
interim final rule with respect to the amendment made by
paragraph (1), effective not later than 90 days after the date
of the enactment of this Act.
(b) Conforming Repeal.--Section 708 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2376; 10 U.S.C. 1074f note) is repealed.
SEC. 703. BEHAVIORAL HEALTH SUPPORT FOR MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) Mental Health Assessments.--Section 1074a of title 10, United
States Code, is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following new
subsection (h):
``(h)(1) The Secretary of Defense may provide to any member of the
reserve components performing inactive-duty training during scheduled
unit training assemblies access to mental health assessments with a
licensed mental health professional who shall be available for referrals
during duty hours on the premises of the principal duty location of the
member's unit.
``(2) Mental health services provided to a member under this
subsection shall be at no cost to the member.''; and
(3) in subsection (i), as redesignated by paragraph (1), by
striking ``medical and dental readiness'' and inserting
``medical, dental, and behavioral health readiness''.
(b) <> Behavioral Health Support.--
[[Page 1472]]
(1) In general.--Each member of a reserve component of the
Armed Forces participating in annual training or individual duty
training shall have access, while so participating, to the
behavioral health support programs for members of the reserve
components described in paragraph (2).
(2) Behavioral health support programs.--The behavioral
health support programs for members of the reserve components
described in this paragraph shall include one or any combination
of the following:
(A) Programs providing access to licensed mental
health providers in armories, reserve centers, or other
places for scheduled unit training assemblies.
(B) Programs providing training on suicide
prevention and post-suicide response.
(C) Psychological health programs.
(D) Such other programs as the Secretary of Defense,
in consultation with the Surgeon General for the
National Guard of the State in which the members
concerned reside, the Director of Psychological Health
of the State in which the members concerned reside, the
Department of Mental Health or the equivalent agency of
the State in which the members concerned reside, or the
Director of the Psychological Health Program of the
National Guard Bureau, considers appropriate.
(3) Funding.--Behavioral health support programs provided to
members of the reserve components under this subsection shall be
provided using amounts made available for operation and
maintenance for the reserve components.
(4) State defined.--In this subsection, the term ``State''
has the meaning given that term in section 10001 of title 10,
United States Code.
SEC. 704. PROVISION OF FOOD TO CERTAIN MEMBERS AND DEPENDENTS NOT
RECEIVING INPATIENT CARE IN MILITARY
MEDICAL TREATMENT FACILITIES.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1078a the following new section:
``Sec. 1078b. Provision of food to certain members and dependents
not receiving inpatient care in military
medical treatment facilities
``(a) <> In General.--(1) Under regulations
prescribed by the Secretary of Defense, the Secretary may provide food
and beverages to an individual described in paragraph (2) at no cost to
the individual.
``(2) An individual described in this paragraph is the following:
``(A) A member of the uniformed services or dependent--
``(i) who is receiving outpatient medical care at a
military medical treatment facility; and
``(ii) whom the Secretary determines is unable to
purchase food and beverages while at such facility by
virtue of receiving such care.
``(B) A member of the uniformed services or dependent--
``(i) who is a family member of an infant receiving
inpatient medical care at a military medical treatment
facility;
[[Page 1473]]
``(ii) who provides care to the infant while the
infant receives such inpatient medical care; and
``(iii) whom the Secretary determines is unable to
purchase food and beverages while at such facility by
virtue of providing such care to the infant.
``(C) A member of the uniformed services or dependent whom
the Secretary determines is under similar circumstances as a
member or dependent described in subparagraph (A) or (B).
``(b) Regulations.--The Secretary shall ensure that regulations
prescribed under this section are consistent with generally accepted
practices in private medical treatment facilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1078a the following new item:
``1078b. Provision of food to certain members and dependents not
receiving inpatient care in military medical treatment
facilities.''.
(c) <> Effective Date.--The amendments
made by this section shall take effect on the date that is 90 days after
the date of the enactment of this Act.
SEC. 705. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR
COMMAND-SPONSORED DEPENDENTS OF MEMBERS
ASSIGNED TO REMOTE LOCATIONS OUTSIDE THE
CONTINENTAL UNITED STATES.
Section 1040(a) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Except as provided by subparagraph (E), for purposes of
paragraph (1), required medical attention of a dependent includes, in
the case of a dependent authorized to accompany a member at a location
described in that paragraph, obstetrical anesthesia services for
childbirth equivalent to the obstetrical anesthesia services for
childbirth available in a military treatment facility in the United
States.
``(B) In the case of a dependent at a remote location outside the
continental United States who elects services described in subparagraph
(A) and for whom air transportation would be needed to travel under
paragraph (1) to the nearest appropriate medical facility in which
adequate medical care is available, the Secretary may authorize the
dependent to receive transportation under that paragraph to the
continental United States and be treated at the military treatment
facility that can provide appropriate obstetrical services that is
nearest to the closest port of entry into the continental United States
from such remote location.
``(C) <> The second through sixth sentences
of paragraph (1) shall apply to a dependent provided transportation by
reason of this paragraph.
``(D) The total cost incurred by the United States for the provision
of transportation and expenses (including per diem) with respect to a
dependent by reason of this paragraph may not exceed the cost the United
States would otherwise incur for the provision of transportation and
expenses with respect to that dependent under paragraph (1) if the
transportation and expenses were provided to that dependent without
regard to this paragraph.
``(E) <> The Secretary may not provide
transportation to a dependent under this paragraph if the Secretary
determines that--
[[Page 1474]]
``(i) the dependent would otherwise receive obstetrical
anesthesia services at a military treatment facility; and
``(ii) such facility, in carrying out the required number of
necessary obstetric cases, would not maintain competency of its
obstetrical staff unless the facility provides such services to
such dependent.
``(F) <> The authority under this paragraph
shall expire on September 30, 2016.''.
SEC. 706. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS WITH
EXTENSION OF ACTIVE DUTY FOLLOWING ACTIVE
DUTY IN SUPPORT OF A CONTINGENCY
OPERATION.
Section 1145(a)(4) of title 10, United States Code, is amended by
adding at the end the following new <> sentence:
``For purposes of the preceding sentence, in the case of a member on
active duty as described in subparagraph (B), (C), or (D) of paragraph
(2) who, without a break in service, is extended on active duty for any
reason, the 180-day period shall begin on the date on which the member
is separated from such extended active duty.''.
SEC. 707. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED
WARRIOR ACT.
Section 1631 of the Wounded Warrior Act (title XVI of Public Law
110-181; 10 U.S.C. 1071 note) is amended by adding at the end the
following:
``(c) Rehabilitative Equipment for Members of the Armed Forces.--
``(1) In general.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense may
provide an active duty member of the Armed Forces with a severe
injury or illness with rehabilitative equipment, including
recreational sports equipment that provide an adaption or
accommodation for the member, regardless of whether such
equipment is intentionally designed to be adaptive equipment.
``(2) Consultation.--In carrying out this subsection, the
Secretary of Defense shall consult with the Secretary of
Veterans Affairs regarding similar programs carried out by the
Secretary of Veterans Affairs.''.
SEC. 708. TRANSITION ENROLLMENT OF UNIFORMED SERVICES FAMILY
HEALTH PLAN MEDICARE-ELIGIBLE RETIREES TO
TRICARE FOR LIFE.
Section 724(e) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended--
(1) by striking ``If a covered beneficiary'' and inserting
``(1) Except as provided in paragraph (2), if a covered
beneficiary''; and
(2) by adding at the end the following new paragraph:
``(2) After September 30, 2012, a covered beneficiary (other than a
beneficiary under section 1079 of title 10, United States Code) who is
also entitled to hospital insurance benefits under part A of title XVIII
of the Social Security Act due to age may not enroll in the managed care
program of a designated provider unless the beneficiary was enrolled in
that program on September 30, 2012.''.
[[Page 1475]]
Subtitle B--Health Care Administration
SEC. 711. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL
HEALTH EVALUATIONS FOR MEMBERS OF THE
ARMED FORCES.
(a) Codification and Improvement of Procedures.--
(1) In general.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1090 the following new
section:
``Sec. 1090a. Commanding officer and supervisor referrals of
members for mental health evaluations
``(a) Regulations.--The Secretary of Defense shall prescribe and
maintain regulations relating to commanding officer and supervisor
referrals of members of the armed forces for mental health evaluations.
The regulations shall incorporate the requirements set forth in
subsections (b), (c), and (d) and such other matters as the Secretary
considers appropriate.
``(b) Reduction of Perceived Stigma.--The regulations required by
subsection (a) shall, to the greatest extent possible--
``(1) seek to eliminate perceived stigma associated with
seeking and receiving mental health services, promoting the use
of mental health services on a basis comparable to the use of
other medical and health services; and
``(2) clarify the appropriate action to be taken by
commanders or supervisory personnel who, in good faith, believe
that a subordinate may require a mental health evaluation.
``(c) Procedures for Inpatient Evaluations.--The regulations
required by subsection (a) shall provide that, when a commander or
supervisor determines that it is necessary to refer a member of the
armed forces for a mental health evaluation--
``(1) the health evaluation shall only be conducted in the
most appropriate clinical setting, in accordance with the least
restrictive alternative principle; and
``(2) only a psychiatrist, or, in cases in which a
psychiatrist is not available, another mental health
professional or a physician, may admit the member pursuant to
the referral for a mental health evaluation to be conducted on
an inpatient basis.
``(d) Prohibition on Use of Referrals for Mental Health Evaluations
to Retaliate Against Whistleblowers.--The regulations required by
subsection (a) shall provide that no person may refer a member of the
armed forces for a mental health evaluation as a reprisal for making or
preparing a lawful communication of the type described in section
1034(c)(2) of this title, and applicable regulations. For purposes of
this subsection, such communication shall also include a communication
to any appropriate authority in the chain of command of the member.
``(e) Definitions.--In this section:
``(1) The term `mental health professional' means a
psychiatrist or clinical psychologist, a person with a doctorate
in clinical social work, or a psychiatric clinical nurse
specialist.
``(2) The term `mental health evaluation' means a
psychiatric examination or evaluation, a psychological
examination or evaluation, an examination for psychiatric or
psychological fitness for duty, or any other means of assessing
the state of mental health of a member of the armed forces.
[[Page 1476]]
``(3) The term `least restrictive alternative principle'
means a principle under which a member of the armed forces
committed for hospitalization and treatment shall be placed in
the most appropriate and therapeutic available setting--
``(A) that is no more restrictive than is conducive
to the most effective form of treatment; and
``(B) in which treatment is available and the risks
of physical injury or property damage posed by such
placement are warranted by the proposed plan of
treatment.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1090 the following new item:
``1090a. Commanding officer and supervisor referrals of members for
mental health evaluations.''.
(b) Conforming Repeal.--Section 546 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
2416; 10 U.S.C. 1074 note) is repealed.
SEC. 712. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS UNDER
THE TRICARE PROGRAM FOR CARE PROVIDED
OUTSIDE THE UNITED STATES.
Section 1106(b) of title 10, United States Code, is amended by
striking ``not later than'' and all that follows and inserting the
following: ``as follows:
``(1) In the case of services provided outside the United
States, the Commonwealth of Puerto Rico, or the possessions of
the United States, by not later than three years after the
services are provided.
``(2) In the case of any other services, by not later than
one year after the services are provided.''.
SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN
HEALTH CARE PROFESSIONALS.
(a) Expansion.--Section 1094(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``at any location'' before ``in any
State''; and
(B) by striking ``regardless'' and all that follows
through the period at the end and inserting ``regardless
of where such health-care professional or the patient
are located, so long as the practice is within the scope
of the authorized Federal duties.''; and
(2) in paragraph (2), by striking ``member of the armed
forces'' and inserting ``member of the armed forces, civilian
employee of the Department of Defense, personal services
contractor under section 1091 of this title, or other health-
care professional credentialed and privileged at a Federal
health care institution or location specially designated by the
Secretary for this purpose''.
(b) <> Regulations.--The Secretary of
Defense shall prescribe regulations to carry out the amendments made by
this section.
SEC. 714. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY
ASSURANCE RECORDS.
(a) In General.--Section 1102(j) of title 10, United States Code, is
amended--
[[Page 1477]]
(1) in paragraph (1), by striking ``any activity carried
out'' and inserting ``any peer review activity carried out'';
and
(2) by adding at the end the following new paragraph:
``(4) The term `peer review' means any assessment of the
quality of medical care carried out by a health care
professional, including any such assessment of professional
performance, any patient safety program root cause analysis or
report, or any similar activity described in regulations
prescribed by the Secretary under subsection (i).''.
(b) <> Effective Date.--The amendments
made by subsection (a) shall take effect on January 1, 2012.
SEC. 715. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS UNDER
THE TRICARE PROGRAM.
Section 1097b(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In establishing rates and procedures for reimbursement of
providers and other administrative requirements, including those
contained in provider network agreements, the Secretary shall, to the
extent practicable, maintain adequate networks of providers, including
institutional, professional, and pharmacy. For the purpose of
determining whether network providers under such provider network
agreements are subcontractors for purposes of the Federal Acquisition
Regulation or any other law, a TRICARE managed care support contract
that includes the requirement to establish, manage, or maintain a
network of providers may not be considered to be a contract for the
performance of health care services or supplies on the basis of such
requirement.''.
SEC. 716. REVIEW OF THE ADMINISTRATION OF THE MILITARY HEALTH
SYSTEM.
(a) Prohibition on Restructure or Reorganization.--
(1) <> In general.--The Secretary of
Defense may not restructure or reorganize the military health
system until a 120-day period has elapsed following the date on
which the report under subsection (b)(3) is submitted by the
Comptroller General of the United States to the congressional
defense committees.
(2) Report.--The Secretary shall submit to the congressional
defense committees a report that includes the following:
(A) A description of each of the options developed
and considered by the task force established by the
Deputy Secretary of Defense to review the governance
model options for the military health system (in this
section referred to as the ``task force'').
(B) The goals to be achieved by restructure or
reorganization and the principles upon which they are
based.
(C) A description of how each option would affect
readiness, quality of care, and beneficiary
satisfaction.
(D) An explanation of the costs of each option so
considered.
(E) An analysis of the strengths and weaknesses of
each option.
(F) An estimate of the cost savings, if any, to be
achieved by each option compared to the military health
system in place on the date of the enactment of this
Act.
(b) Comptroller General Review.--
(1) Review required.--The Comptroller General of the United
States shall carry out a review of the options described
[[Page 1478]]
under subsection (a)(2)(A) and the recommendations made by the
task force.
(2) Elements.--The review under paragraph (1) shall include
the following:
(A) An analysis of the strengths and weaknesses of
each option.
(B) A comparison of each option to each of the
governance models for the military health system adopted
as of October 1, 1991.
(C) An estimate of the costs to implement each
option.
(D) An estimate of the cost savings, if any, to be
achieved by each option compared to the military health
system in place on the date of the enactment of this
Act.
(3) Report.--Not later than 180 days after the date on which
the Secretary submits the report under subsection (a)(2), the
Comptroller General shall submit to the congressional defense
committees a report on the review.
SEC. 717. LIMITATION ON AVAILABILITY OF FUNDS FOR THE FUTURE
ELECTRONIC HEALTH RECORDS PROGRAM.
(a) <> Limitation.--Of the funds
authorized to be appropriated by this Act or otherwise made available
for fiscal year 2012 for the procurement, research, development, test,
and evaluation, or operation and maintenance of the future electronic
health records program, not more than 10 percent may be obligated or
expended until the date that is 30 days after the date on which the
Secretary of Defense submits to the congressional defense committees a
report addressing--
(1) an architecture to guide the transition of the
electronic health records of the Department of Defense to a
future state that is cost-effective and interoperable;
(2) the process for selecting investments in information
technology that support the architecture described in paragraph
(1);
(3) the report required by section 715 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4249);
(4) the role of the Interagency Program Office to manage or
oversee efforts with respect to the future electronic health
records program; and
(5) any other matters the Secretary considers appropriate.
(b) Future Electronic Health Records Program Defined.--In this
section, the term ``future electronic health records program'' means the
programs of the Department of Defense referred to as the ``EHR way
ahead'' and the ``virtual lifetime electronic record''.
Subtitle C--Reports and Other Matters
SEC. 721. MODIFICATION OF AUTHORITIES ON SURVEYS ON CONTINUED
VIABILITY OF TRICARE STANDARD AND TRICARE
EXTRA.
(a) Scope of Certain Surveys.--Subsection (a)(3)(A) of section 711
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 190; 10 U.S.C. 1073 note) is amended by striking
``2011'' and inserting ``2015''.
[[Page 1479]]
(b) Frequency of Submittal of GAO Reviews.--Subsection (b)(2) of
such section is amended by striking ``bi-annual basis'' and inserting
``biennial basis''.
SEC. 722. <> TREATMENT OF WOUNDED
WARRIORS.
The Secretary of Defense may establish a program to enter into
partnerships to enable coordinated, rapid clinical evaluation and the
application of evidence-based treatment strategies for wounded service
members, with an emphasis on the most common musculoskeletal injuries,
that will address the priorities of the Armed Forces with respect to
retention and readiness.
SEC. 723. REPORT ON RESEARCH AND TREATMENT OF POST-TRAUMATIC
STRESS DISORDER.
Not later than one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report assessing the benefits of neuroimaging research in
an effort to identify, and improve the diagnosis of, post-traumatic
stress disorder.
SEC. 724. REPORT ON MEMORANDUM REGARDING TRAUMATIC BRAIN INJURIES.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report on--
(1) the implementation of the policy of the Department of
Defense related to the management of concussion and mild
traumatic brain injury in the deployed setting;
(2) the effectiveness of such policy with respect to
identifying and treating blast-related concussive injuries; and
(3) the effect of such policy on operational effectiveness
in theater.
SEC. 725. COMPTROLLER GENERAL REPORT ON WOMEN-SPECIFIC HEALTH
SERVICES AND TREATMENT FOR FEMALE MEMBERS
OF THE ARMED FORCES.
(a) In General.--The Comptroller General of the United States shall
carry out a review of women-specific health services and treatment for
female members of the Armed Forces.
(b) Elements.--The review required by subsection (a) shall address,
at a minimum, the following:
(1) The need for women-specific health outreach, prevention,
and treatment services for female members of the Armed Forces.
(2) The access to and efficacy of existing women-specific
mental health outreach, prevention, and treatment services and
programs (including substance abuse programs).
(3) The availability of women-specific services and
treatment for female members of the Armed Forces who experience
sexual assault or sexual abuse.
(4) The access to and need for military medical treatment
facilities to provide for the women-specific health care needs
of female members of the Armed Forces.
(5) The access to and efficacy of women-specific breast
cancer services and programs with respect to outreach,
prevention, and treatment.
[[Page 1480]]
(6) The need for further clinical research on the women-
specific health care needs of female members of the Armed Forces
who served in a combat zone.
(7) An assessment of the policies, procedures, and programs
of the Department of Defense that include specific force health
protection and access to care for female members of the Armed
Forces as an element of readiness.
(c) Report.--Not later than December 31, 2012, the Comptroller
General shall submit to the congressional defense committees a report on
the review required by subsection (a).
SEC. 726. COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH CARE
STAFFING FOR MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Report.--Not later than March 31, 2012, the Comptroller General
of the United States shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services of the
Senate a report on the contracting activities of the military
departments with respect to providing health care professional services
to members of the Armed Forces, dependents, and retirees.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A review of the contracting practices used by the
military departments to provide health care professional
services by civilian providers.
(2) An assessment of whether the contracting practices
described in paragraph (1) are the most cost effective means to
provide necessary care.
(3) A determination of--
(A) the percentage of contract health care
professionals who provide services to members of the
Armed Forces, dependents, or retirees in military
medical treatment facilities or other on-base
facilities; and
(B) the percentage of contract health care
professionals who provide services to members of the
Armed Forces, dependents, or retirees in off-base
private facilities.
(4) A comparison of the cost associated with the provision
of care by contract health care professionals described in
subparagraphs (A) and (B) of paragraph (3).
(5) An assessment of whether or not consolidating health
care staffing requirements for military medical treatment
facilities and other on-base clinics in defined geographic areas
(including regions or catchment areas) would achieve economies
of scale and cost savings or avoidance with respect to
contracting for health care professionals.
(6) An assessment of whether private sector entities that
provide health care professional staff on a contract basis to
military medical treatment facilities and other on-base clinics
meet certain basic standards of professionalism, including those
described in section 732(c)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2297).
(7) An assessment of the acquisition training and experience
of the contracting officers or other personnel within military
medical treatment facilities that award or administer contracts
regarding the services of health care professionals.
[[Page 1481]]
(8) Any recommendations the Comptroller General considers
appropriate regarding improving the contracting activities of
the military departments with respect to providing health care
professional services.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Requirements relating to core depot-level maintenance and
repair capabilities for Milestone A and Milestone B and
elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support
contractors.
Sec. 803. Extension of applicability of the senior executive benchmark
compensation amount for purposes of allowable cost
limitations under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition
Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past
performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board
Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for
contract services.
Sec. 809. Annual report on single-award task and delivery order
contracts.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Calculation of time period relating to report on critical
changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition
Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and
delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase
right-hand drive passenger sedan vehicles and adjustment of
threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data
restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor
business systems.
Sec. 817. Compliance with defense procurement requirements for purposes
of internal controls of non-defense agencies for procurements
on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems
Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of
Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from
American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon
fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Waiver of requirements relating to new milestone approval for
certain major defense acquisition programs experiencing
critical cost growth due to change in quantity purchased.
Sec. 832. Assessment, management, and control of operating and support
costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets
for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of
manufacturing risk in major defense acquisition programs.
[[Page 1482]]
Sec. 835. Management of developmental test and evaluation for major
defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon
systems to be procured under cooperative projects with
friendly foreign countries.
Sec. 837. Competition in maintenance and sustainment of subsystems of
major weapon systems.
Sec. 838. Oversight of and reporting requirements with respect to
Evolved Expendable Launch Vehicle program.
Sec. 839. Implementation of acquisition strategy for Evolved Expendable
Launch Vehicle.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
Sec. 841. Prohibition on contracting with the enemy in the United States
Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in
the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring
Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services
in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition
and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent
operational needs.
Subtitle E--Defense Industrial Base Matters
Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial
base.
Sec. 853. Assessment of feasability and advisability of establishment of
rare earth material inventory.
Sec. 854. Department of Defense assessment of industrial base for night
vision image intensification sensors.
Sec. 855. Technical amendment relating to responsibilities of Deputy
Assistant Secretary of Defense for Manufacturing and
Industrial Base Policy.
Subtitle F--Other Matters
Sec. 861. Clarification of jurisdiction of the United States district
courts to hear bid protest disputes involving maritime
contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering,
and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the
Department of Defense for multiyear contracts for the
purchase of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 865. Modification of delegation of authority to make determinations
on entry into cooperative research and development agreements
with NATO and other friendly organizations and countries.
Sec. 866. Three-year extension of test program for negotiation of
comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege
Program.
Subtitle A--Acquisition Policy and Management
SEC. 801. REQUIREMENTS RELATING TO CORE DEPOT-LEVEL MAINTENANCE
AND REPAIR CAPABILITIES FOR MILESTONE A
AND MILESTONE B AND ELIMINATION OF
REFERENCES TO KEY DECISION POINTS A AND B.
(a) Additional Milestone a Requirements.--
(1) Additional items of certification.--Subsection (a) of
section 2366a of title 10, United States Code, is amended--
(A) in paragraph (2), by striking ``core
competency'' and inserting ``function'';
(B) by redesignating paragraphs (4) and (5) as
paragraphs (6) and (7), respectively;
[[Page 1483]]
(C) by inserting after paragraph (3) the following
new paragraph (4):
``(4) that a determination of applicability of core depot-
level maintenance and repair capabilities requirements has been
made;''; and
(D) in paragraph (6) (as so redesignated), by
striking ``develop and procure'' and inserting
``develop, procure, and sustain''.
(2) Definition.--Subsection (c) of such section is amended
by adding at the end the following new paragraph:
``(7) The term `core depot-level maintenance and repair
capabilities'' means the core depot-level maintenance and repair
capabilities identified under section 2464(a) of this title.''.
(b) Additional Milestone B Requirements.--
(1) Additional item of certification.--Subsection (a)(3) of
section 2366b of title 10, United States Code, is amended--
(A) by redesignating subparagraph (E) as
subparagraph (G);
(B) by striking ``and'' at the end of subparagraph
(D); and
(C) by inserting after subparagraph (D) the
following new subparagraphs:
``(E) life-cycle sustainment planning, including
corrosion prevention and mitigation planning, has
identified and evaluated relevant sustainment costs
throughout development, production, operation,
sustainment, and disposal of the program, and any
alternatives, and that such costs are reasonable and
have been accurately estimated;
``(F) an estimate has been made of the requirements
for core depot-level maintenance and repair
capabilities, as well as the associated logistics
capabilities and the associated sustaining workloads
required to support such requirements; and''.
(2) Definition.--Subsection (g) of such section is amended
by striking paragraph (5) (relating to Key Decision Point B) and
inserting the following new paragraph (5):
``(5) The term `core logistics capabilities' means the core
logistics capabilities identified under section 2464(a) of this
title.''.
(c) <> Requirements Prior to Low-Rate
Initial Production.--Prior to entering into a contract for low-rate
initial production of a major defense acquisition program, the Secretary
of Defense shall ensure that the detailed requirements for core depot-
level maintenance and repair capabilities, as well as the associated
logistics capabilities and the associated sustaining workloads required
to support such requirements, have been defined.
(d) <> Guidance.--Not later
than 120 days after the date of the enactment of this Act, the Secretary
of Defense shall issue guidance implementing the amendments made by
subsections (a) and (b), and subsection (c), in a manner that is
consistent across the Department of Defense.
(e) Elimination of References to Key Decision Points A and B.--
(1) Amendments to section 2366a.--Section 2366a of title 10,
United States Code, is amended--
(A) in the section heading, by striking ``or Key
Decision Point'';
[[Page 1484]]
(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;
[[Page 1485]]
``(B) that the contractor will take all precautions
necessary to prevent disclosure of the sensitive
information provided to the contractor;
``(C) that such sensitive information provided to
the contractor under the authority of this section shall
not be used by the contractor to compete against a third
party for Government or non-Government contracts; and
``(D) that the violation of subparagraph (A), (B),
or (C) is a basis for the Government to terminate the
litigation support contract of the contractor.
``(b) Definitions.--In this section:
``(1) The term `litigation support contractor' means a
contractor (including an expert or technical consultant) under
contract with the Department of Defense to provide litigation
support.
``(2) The term `sensitive information' means confidential
commercial, financial, or proprietary information, technical
data, or other privileged information.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 129c the following new item:
``129d. Disclosure to litigation support contractors.''.
(b) Repeal of Superseded Provisions Enacted in Public Law 111-383.--
Section 2320 of such title is amended--
(1) in subsection (c)(2)--
(A) by striking ``subsection (a)'' and all that
follows through ``a covered Government'' and inserting
``subsection (a), allowing a covered Government''; and
(B) by striking subparagraph (B); and
(2) by striking subsection (g).
SEC. 803. EXTENSION OF APPLICABILITY OF THE SENIOR EXECUTIVE
BENCHMARK COMPENSATION AMOUNT FOR PURPOSES
OF ALLOWABLE COST LIMITATIONS UNDER
DEFENSE CONTRACTS.
(a) Certain Compensation Not Allowable Under Defense Contracts.--
Subsection (e)(1)(P) of section 2324 of title 10, United States Code, is
amended--
(1) by striking ``senior executives of contractors'' and
inserting ``any contractor employee''; and
(2) by adding before the period at the end the following:
``, except that the Secretary of Defense may establish one or
more narrowly targeted exceptions for scientists and engineers
upon a determination that such exceptions are needed to ensure
that the Department of Defense has continued access to needed
skills and capabilities''.
(b) Conforming Amendment.--Subsection (l) of such section is amended
by striking paragraph (5).
(c) <> Effective Date.--The
amendments made by this section--
(1) shall be implemented in the Federal Acquisition
Regulation within 180 days after the date of the enactment of
this Act; and
(2) <> shall apply with respect to
costs of compensation incurred after January 1, 2012, under
contracts entered into before, on, or after the date of the
enactment of this Act.
[[Page 1486]]
SEC. 804. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE
ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) Availability.--Paragraph (6) of section 1705(e) of title 10,
United States Code, is amended to read as follows:
``(6) Duration of availability.--Amounts credited to the
Fund in accordance with subsection (d)(2), transferred to the
Fund pursuant to subsection (d)(3), appropriated to the Fund, or
deposited to the Fund shall remain available for obligation in
the fiscal year for which credited, transferred, appropriated,
or deposited and the two succeeding fiscal years.''.
(b) <> Effective Date.--Paragraph (6) of
such section, as amended by subsection (a), shall not apply to funds
directly appropriated to the Fund before the date of the enactment of
this Act.
SEC. 805. DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT.
(a) Defense Contract Audit Agency Annual Report.--Chapter 137 of
title 10, United States Code, is amended by inserting after section 2313
the following new section:
``Sec. 2313a. Defense Contract Audit Agency: annual report
``(a) Required Report.--The Director of the Defense Contract Audit
Agency shall prepare an annual report of the activities of the Agency
during the previous fiscal year. The report shall include, at a
minimum--
``(1) a description of significant problems, abuses, and
deficiencies encountered during the conduct of contractor
audits;
``(2) statistical tables showing--
``(A) the total number of audit reports completed
and pending;
``(B) the priority given to each type of audit;
``(C) the length of time taken for each type of
audit;
``(D) the total dollar value of questioned costs
(including a separate category for the dollar value of
unsupported costs); and
``(E) an assessment of the number and types of
audits pending for a period longer than allowed pursuant
to guidance of the Defense Contract Audit Agency;
``(3) a summary of any recommendations of actions or
resources needed to improve the audit process; and
``(4) any other matters the Director considers appropriate.
``(b) Submission of Annual Report.--Not later than March 30 of each
year, the Director shall submit to the congressional defense committees
the report required by subsection (a).
``(c) <> Public Availability.--Not later than 60
days after the submission of an annual report to the congressional
defense committees under subsection (b), the Director shall make the
report available on the publicly available website of the Agency or such
other publicly available website as the Director considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2313 the following new item:
``2313a. Defense Contract Audit Agency: annual report.''.
[[Page 1487]]
SEC. 806. <> INCLUSION OF DATA ON
CONTRACTOR PERFORMANCE IN PAST PERFORMANCE
DATABASES FOR SOURCE SELECTION DECISIONS.
(a) <> Strategy on Inclusion Required.--Not later
than 180 days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
develop a strategy for ensuring that timely, accurate, and complete
information on contractor performance is included in past performance
databases used for making source selection decisions.
(b) Elements.--The strategy required by subsection (a) shall, at a
minimum--
(1) <> establish standards for the
timeliness and completeness of past performance submissions for
purposes of databases described in subsection (a);
(2) assign responsibility and management accountability for
the completeness of past performance submissions for such
purposes; and
(3) ensure that past performance submissions for such
purposes are consistent with award fee evaluations in cases
where such evaluations have been conducted.
(c) <> Contractor Comments.--Not later than 180
days after the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall revise the
Defense Supplement to the Federal Acquisition Regulation to require the
following:
(1) That affected contractors are provided, in a timely
manner, information on contractor performance to be included in
past performance databases in accordance with subsection (a).
(2) That such contractors are afforded up to 14 calendar
days, from the date of delivery of the information provided in
accordance with paragraph (1), to submit comments, rebuttals, or
additional information pertaining to past performance for
inclusion in such databases.
(3) That agency evaluations of contractor past performance,
including any information submitted under paragraph (2), are
included in the relevant past performance database not later
than the date that is 14 days after the date of delivery of the
information provided in accordance with paragraph (1).
(d) Construction.--Nothing in this section shall be construed to
prohibit a contractor from submitting comments, rebuttals, or additional
information pertaining to past performance after the period described in
paragraph (2) has elapsed or to prohibit a contractor from challenging a
past performance evaluation in accordance with applicable laws,
regulations, or procedures.
(e) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to the congressional defense committees a report on
the actions taken by the Under Secretary of Defense for Acquisition,
Technology, and Logistics pursuant to this section, including an
assessment of the extent to which such actions have achieved the
objectives of this section.
[[Page 1488]]
SEC. 807. <> IMPLEMENTATION OF
RECOMMENDATIONS OF DEFENSE SCIENCE BOARD
TASK FORCE ON IMPROVEMENTS TO SERVICE
CONTRACTING.
(a) <> Plan for Implementation.--Not later than
180 days after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition, Technology, and Logistics shall,
acting pursuant to the Under Secretary's responsibility under section
2330 of title 10, United States Code, develop a plan for implementing
the recommendations of the Defense Science Board Task Force on
Improvements to Service Contracting.
(b) Elements.--The plan developed pursuant to subsection (a) shall
include, to the extent determined appropriate by the Under Secretary for
Acquisition, Technology, and Logistics, the following:
(1) Meaningful incentives to services contractors for high
performance at low cost, consistent with the objectives of the
Better Buying Power Initiative established by the Under
Secretary.
(2) Improved means of communication between the Government
and the services contracting industry in the process of
developing requirements for services contracts.
(3) Clear guidance for defense acquisition personnel on the
use of appropriate contract types for particular categories of
services contracts.
(4) Formal certification and training requirements for
services acquisition personnel, consistent with the requirements
of sections 1723 and 1724 of title 10, United States Code.
(5) Appropriate emphasis on the recruiting and training of
services acquisition personnel, consistent with the strategic
workforce plan developed pursuant to section 115b of title 10,
United States Code, and the funds available through the
Department of Defense Acquisition Workforce Development Fund
established pursuant to section 1705 of title 10, United States
Code.
(6) Policies and guidance on career development for services
acquisition personnel, consistent with the requirements of
sections 1722a and 1722b of title 10, United States Code.
(7) Actions to ensure that the military departments dedicate
portfolio-specific commodity managers to coordinate the
procurement of key categories of contract services, as required
by section 2330(b)(3)(C) of title 10, United States Code.
(8) Actions to ensure that the Department of Defense
conducts realistic exercises and training that account for
services contracting during contingency operations, as required
by section 2333(e) of title 10, United States Code.
(c) Comptroller General Report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of the United
States shall submit to the congressional defense committees a report on
the following:
(1) The actions taken by the Under Secretary of Defense for
Acquisition, Technology, and Logistics to carry out the
requirements of this section.
(2) The actions taken by the Under Secretary to carry out
the requirements of section 2330 of title 10, United States
Code.
(3) The actions taken by the military departments to carry
out the requirements of section 2330 of title 10, United States
Code.
[[Page 1489]]
(4) The extent to which the actions described in paragraphs
(1), (2), and (3) have resulted in the improved acquisition and
management of contract services.
SEC. 808. TEMPORARY LIMITATION ON AGGREGATE ANNUAL AMOUNT
AVAILABLE FOR CONTRACT SERVICES.
(a) Limitation.--Except as provided in subsection (b), the total
amount obligated by the Department of Defense for contract services in
fiscal year 2012 or 2013 may not exceed the total amount requested for
the Department for contract services in the budget of the President for
fiscal year 2010 (as submitted to Congress pursuant to section 1105(b)
of title 31, United States Code) adjusted for net transfers from funding
for overseas contingency operations.
(b) Exception.--Notwithstanding the limitation in subsection (a),
the total amount obligated by the Department for contract services in
fiscal year 2012 or 2013 may exceed the amount otherwise provided
pursuant to subsection (a) by an amount elected by the Secretary of
Defense that is not greater than the cost of any increase in such fiscal
year in the number of civilian billets at the Department that has been
approved by the Secretary over the number of such billets at the
Department in fiscal year 2010.
(c) <> Guidance.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall issue guidance to
the military departments and the Defense Agencies on implementation of
this section during fiscal years 2012 and 2013. The guidance shall, at a
minimum--
(1) <> establish a negotiation
objective that labor rates and overhead rates in any contract or
task order for contract services with an estimated value in
excess of $10,000,000 awarded to a contractor in fiscal year
2012 or 2013 shall not exceed labor rates and overhead rates
paid to the contractor for contract services in fiscal year
2010;
(2) require the Secretaries of the military departments and
the heads of the Defense Agencies to approve in writing any
contract or task order for contract services with an estimated
value in excess of $10,000,000 awarded to a contractor in fiscal
year 2012 or 2013 that provides for continuing services at an
annual cost that exceeds the annual cost paid by the military
department or Defense Agency concerned for the same or similar
services in fiscal year 2010;
(3) require the Secretaries of the military departments and
the heads of the Defense Agencies to eliminate any contractor
positions identified by the military department or Defense
Agency concerned as being responsible for the performance of
inherently governmental functions;
(4) require the Secretaries of the military departments and
the heads of the Defense Agencies to reduce by 10 percent per
fiscal year in each of fiscal years 2012 and 2013 the funding of
the military department or Defense Agency concerned for--
(A) staff augmentation contracts; and
(B) contracts for the performance of functions
closely associated with inherently governmental
functions; and
(5) assign responsibility to the management officials
designated pursuant to section 2330 of title 10, United States
Code, and section 812(b) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3378; 10
U.S.C. 2330 note) to provide oversight and ensure the
[[Page 1490]]
implementation of the requirements of this section during fiscal
years 2012 and 2013.
(d) Definitions.--In this section:
(1) The term ``contract services'' has the meaning given
that term in section 235 of title 10, United States Code, except
that the term does not include services that are funded out of
amounts available for overseas contingency operations.
(2) The term ``function closely associated with inherently
governmental functions'' has the meaning given that term in
section 2383(b)(3) of title 10, United States Code.
(3) The term ``staff augmentation contracts'' means
contracts for personnel who are subject to the direction of a
government official other than the contracting officer for the
contract, including, but not limited to, contractor personnel
who perform personal services contracts (as that term is defined
in section 2330a(g)(5) of title 10, United States Code).
(4) The term ``transfers from funding for overseas
contingency operations'' means amounts funded out of amounts
available for overseas contingency operations in fiscal year
2010 that are funded out of amounts other than amounts so
available in fiscal year 2012 or 2013.
SEC. 809. ANNUAL REPORT ON SINGLE-AWARD TASK AND DELIVERY ORDER
CONTRACTS.
(a) Annual Report.--
(1) In general.--Paragraph (2) of section 817(d) of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2611; 10 U.S.C. 2306a note) is
amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) with respect to any determination pursuant to section
2304a(d)(3)(D) of title 10, United States Code, that because of
exceptional circumstances it is necessary in the public interest
to award a task or delivery order contract with an estimated
value in excess of $100,000,000 to a single source, an
explanation of the basis for the determination.''.
(2) Conforming amendment.--The heading of such section is
amended by striking ``With Price or Value Greater Than
$15,000,000''.
(b) Repeal of Case-by-Case Reporting Requirement.--Section
2304a(d)(3) of title 10, United States Code, is amended--
(1) by striking subparagraph (B);
(2) by striking ``(A)'';
(3) by redesignating clauses (i), (ii), (iii), and (iv) as
subparagraphs (A), (B), (C), and (D), respectively; and
(4) in subparagraph (B), as redesignated by paragraph (3),
by redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively.
[[Page 1491]]
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. CALCULATION OF TIME PERIOD RELATING TO REPORT ON
CRITICAL CHANGES IN MAJOR AUTOMATED
INFORMATION SYSTEMS.
Section 2445c(d)(2)(A) of title 10, United States Code, is amended
to read as follows:
``(A) the automated information system or
information technology investment failed to achieve a
full deployment decision within five years after the
Milestone A decision for the program or, if there was no
Milestone A decision, the date when the preferred
alternative is selected for the program (excluding any
time during which program activity is delayed as a
result of a bid protest);''.
SEC. 812. CHANGE IN DEADLINE FOR SUBMISSION OF SELECTED
ACQUISITION REPORTS FROM 60 TO 45 DAYS.
Section 2432(f) of title 10, United States Code, is amended by
striking ``60'' and inserting ``45''.
SEC. 813. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK
AND DELIVERY ORDER CONTRACTS.
Paragraph (3) of section 4106(f) of title 41, United States Code,
is amended to read as follows:
``(3) Effective period.--Paragraph (1)(B) and paragraph (2)
of this subsection shall not be in effect after September 30,
2016.''.
SEC. 814. CLARIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PURCHASE RIGHT-HAND DRIVE PASSENGER SEDAN
VEHICLES AND ADJUSTMENT OF THRESHOLD FOR
INFLATION.
(a) Clarification of Authority.--Section 2253(a)(2) of title 10,
United States Code, is amended by striking ``vehicles'' and inserting
``passenger sedans''.
(b) <> Adjustment for Inflation.--The
Department of Defense representative to the Federal Acquisition
Regulatory Council established under section 1302 of title 41, United
States Code, shall ensure that the threshold established in section 2253
of title 10, United States Code, for the acquisition of right-hand drive
passenger sedans is included on the list of dollar thresholds that are
subject to adjustment for inflation in accordance with the requirements
of section 1908 of title 41, United States Code, and is adjusted
pursuant to such provision, as appropriate.
SEC. 815. RIGHTS IN TECHNICAL DATA AND VALIDATION OF PROPRIETARY
DATA RESTRICTIONS.
(a) Rights in Technical Data.--Section 2320 of title 10, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D)(i)--
(i) in subclause (I), by striking ``or'' at
the end;
(ii) by redesignating subclause (II) as
subclause (III); and
[[Page 1492]]
(iii) by inserting after subclause (I) the
following new subclause (II):
``(II) is necessary for the segregation of an
item or process from, or the reintegration of that
item or process (or a physically or functionally
equivalent item or process) with, other items or
processes; or'';
(B) in paragraph (2)(E), by striking ``and shall be
based'' and all that follows through ``such rights
shall'' and inserting
``. <> The
United States shall have government purpose rights in
such technical data, except in any case in which the
Secretary of Defense determines, on the basis of
criteria established in such regulations, that
negotiation of different rights in such technical data
would be in the best interest of the United States. The
establishment of any such negotiated rights shall''; and
(C) in paragraph (3), by striking ``for the purposes
of paragraph (2)(B), but shall be considered to be
Federal funds for the purposes of paragraph (2)(A)'' and
inserting ``for the purposes of the definitions under
this paragraph''; and
(2) in subsection (b)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(9) <> providing that, in addition
to technical data that is already subject to a contract delivery
requirement, the United States may require at any time the
delivery of technical data that has been generated or utilized
in the performance of a contract, and compensate the contractor
only for reasonable costs incurred for having converted and
delivered the data in the required form, upon a determination
that--
``(A) the technical data is needed for the purpose
of reprocurement, sustainment, modification, or upgrade
(including through competitive means) of a major system
or subsystem thereof, a weapon system or subsystem
thereof, or any noncommercial item or process; and
``(B) the technical data--
``(i) pertains to an item or process developed
in whole or in part with Federal funds; or
``(ii) is necessary for the segregation of an
item or process from, or the reintegration of that
item or process (or a physically or functionally
equivalent item or process) with, other items or
processes; and
``(10) providing that the United States is not foreclosed
from requiring the delivery of the technical data by a failure
to challenge, in accordance with the requirements of section
2321(d) of this title, the contractor's assertion of a use or
release restriction on the technical data.''.
(b) Validation of Proprietary Data Restrictions.--Section 2321(d)(2)
of such title is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``Except as provided in subparagraph (C)'' and all that
follows through ``three-year period'' and inserting ``A
challenge to a use or release restriction asserted by
the contractor in accordance with applicable regulations
may not
[[Page 1493]]
be made under paragraph (1) after the end of the six-
year period'';
(B) in clause (ii), by striking ``or'' at the end;
(C) in clause (iii) by striking the period and
inserting ``; or''; and
(D) by adding at the end the following new clause:
``(iv) are the subject of a fraudulently asserted
use or release restriction.'';
(2) in subparagraph (B), by striking ``three-year period''
each place it appears and inserting ``six-year period''; and
(3) by striking subparagraph (C).
(c) <> Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
(2) Exception.--The amendment made by subsection (a)(1)(C)
shall take effect on January 7, 2011, immediately after the
enactment of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383), to which such
amendment relates.
SEC. 816. COVERED CONTRACTS FOR PURPOSES OF REQUIREMENTS ON
CONTRACTOR BUSINESS SYSTEMS.
Paragraph (3) of section 893(f) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4312; 10 U.S.C. 2302 note) is amended to read as follows:
``(3) <> The term `covered contract'
means a contract that is subject to the cost accounting
standards promulgated pursuant to section 1502 of title 41,
United States Code, that could be affected if the data produced
by a contractor business system has a significant deficiency.''.
SEC. 817. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR
PURPOSES OF INTERNAL CONTROLS OF NON-
DEFENSE AGENCIES FOR PROCUREMENTS ON
BEHALF OF THE DEPARTMENT OF DEFENSE.
Section 801(d) of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 2304 note) is amended by striking ``with the
requirements'' and all that follows and inserting ``with the following:
``(1) The Federal Acquisition Regulation and other laws and
regulations that apply to procurements of property and services
by Federal agencies.
``(2) Laws and regulations (including applicable Department
of Defense financial management regulations) that apply to
procurements of property and services made by the Department of
Defense through other Federal agencies.''.
SEC. 818. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.
(a) <> Assessment of Department of Defense
Policies and Systems.--The Secretary of Defense shall conduct an
assessment of Department of Defense acquisition policies and systems for
the detection and avoidance of counterfeit electronic parts.
(b) <> Actions Following
Assessment.--Not later than 180 days after the date of the enactment of
the Act, the Secretary shall,
[[Page 1494]]
based on the results of the assessment required by subsection (a)--
(1) <> establish Department-wide
definitions of the terms ``counterfeit electronic part'' and
``suspect counterfeit electronic part'', which definitions shall
include previously used parts represented as new;
(2) <> issue or revise guidance applicable
to Department components engaged in the purchase of electronic
parts to implement a risk-based approach to minimize the impact
of counterfeit electronic parts or suspect counterfeit
electronic parts on the Department, which guidance shall address
requirements for training personnel, making sourcing decisions,
ensuring traceability of parts, inspecting and testing parts,
reporting and quarantining counterfeit electronic parts and
suspect counterfeit electronic parts, and taking corrective
actions (including actions to recover costs as described in
subsection (c)(2));
(3) issue or revise guidance applicable to the Department on
remedial actions to be taken in the case of a supplier who has
repeatedly failed to detect and avoid counterfeit electronic
parts or otherwise failed to exercise due diligence in the
detection and avoidance of such parts, including consideration
of whether to suspend or debar a supplier until such time as the
supplier has effectively addressed the issues that led to such
failures;
(4) <> establish processes for
ensuring that Department personnel who become aware of, or have
reason to suspect, that any end item, component, part, or
material contained in supplies purchased by or for the
Department contains counterfeit electronic parts or suspect
counterfeit electronic parts provide a report in writing within
60 days to appropriate Government authorities and to the
Government-Industry Data Exchange Program (or a similar program
designated by the Secretary); and
(5) establish a process for analyzing, assessing, and acting
on reports of counterfeit electronic parts and suspect
counterfeit electronic parts that are submitted in accordance
with the processes under paragraph (4).
(c) <> Regulations.--
(1) <> In general.--Not later than 270
days after the date of the enactment of this Act, the Secretary
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to address the detection and avoidance of
counterfeit electronic parts.
(2) Contractor responsibilities.--The revised regulations
issued pursuant to paragraph (1) shall provide that--
(A) covered contractors who supply electronic parts
or products that include electronic parts are
responsible for detecting and avoiding the use or
inclusion of counterfeit electronic parts or suspect
counterfeit electronic parts in such products and for
any rework or corrective action that may be required to
remedy the use or inclusion of such parts; and
(B) the cost of counterfeit electronic parts and
suspect counterfeit electronic parts and the cost of
rework or corrective action that may be required to
remedy the use or
[[Page 1495]]
inclusion of such parts are not allowable costs under
Department contracts.
(3) Trusted suppliers.--The revised regulations issued
pursuant to paragraph (1) shall--
(A) require that, whenever possible, the Department
and Department contractors and subcontractors at all
tiers--
(i) obtain electronic parts that are in
production or currently available in stock from
the original manufacturers of the parts or their
authorized dealers, or from trusted suppliers who
obtain such parts exclusively from the original
manufacturers of the parts or their authorized
dealers; and
(ii) obtain electronic parts that are not in
production or currently available in stock from
trusted suppliers;
(B) <> establish
requirements for notification of the Department, and
inspection, testing, and authentication of electronic
parts that the Department or a Department contractor or
subcontractor obtains from any source other than a
source described in subparagraph (A);
(C) <> establish qualification
requirements, consistent with the requirements of
section 2319 of title 10, United States Code, pursuant
to which the Department may identify trusted suppliers
that have appropriate policies and procedures in place
to detect and avoid counterfeit electronic parts and
suspect counterfeit electronic parts; and
(D) authorize Department contractors and
subcontractors to identify and use additional trusted
suppliers, provided that--
(i) the standards and processes for
identifying such trusted suppliers comply with
established industry standards;
(ii) the contractor or subcontractor assumes
responsibility for the authenticity of parts
provided by such suppliers as provided in
paragraph (2); and
(iii) the selection of such trusted suppliers
is subject to review and audit by appropriate
Department officials.
(4) Reporting requirement.--The revised regulations issued
pursuant to paragraph (1) shall require that any Department
contractor or subcontractor who becomes aware, or has reason to
suspect, that any end item, component, part, or material
contained in supplies purchased by the Department, or purchased
by a contractor or subcontractor for delivery to, or on behalf
of, the Department, contains counterfeit electronic parts or
suspect counterfeit electronic parts report in writing within 60
days to appropriate Government authorities and the Government-
Industry Data Exchange Program (or a similar program designated
by the Secretary).
(5) Construction of compliance with reporting requirement.--
A Department contractor or subcontractor that provides a written
report required under this subsection shall not be subject to
civil liability on the basis of such reporting, provided the
contractor or subcontractor made a reasonable effort to
determine that the end item, component, part, or
[[Page 1496]]
material concerned contained counterfeit electronic parts or
suspect counterfeit electronic parts.
(d) <> Inspection Program.--
The Secretary of Homeland Security shall establish and implement a risk-
based methodology for the enhanced targeting of electronic parts
imported from any country, after consultation with the Secretary of
Defense as to sources of counterfeit electronic parts and suspect
counterfeit electronic parts in the supply chain for products purchased
by the Department of Defense.
(e) <> Improvement of Contractor Systems
for Detection and Avoidance of Counterfeit Electronic Parts.--
(1) <> In general.--Not later than 270
days after the date of the enactment of this Act, the Secretary
of Defense shall implement a program to enhance contractor
detection and avoidance of counterfeit electronic parts.
(2) Elements.--The program implemented pursuant to paragraph
(1) shall--
(A) require covered contractors that supply
electronic parts or systems that contain electronic
parts to establish policies and procedures to eliminate
counterfeit electronic parts from the defense supply
chain, which policies and procedures shall address--
(i) the training of personnel;
(ii) the inspection and testing of electronic
parts;
(iii) processes to abolish counterfeit parts
proliferation;
(iv) mechanisms to enable traceability of
parts;
(v) use of trusted suppliers;
(vi) the reporting and quarantining of
counterfeit electronic parts and suspect
counterfeit electronic parts;
(vii) methodologies to identify suspect
counterfeit parts and to rapidly determine if a
suspect counterfeit part is, in fact, counterfeit;
(viii) the design, operation, and maintenance
of systems to detect and avoid counterfeit
electronic parts and suspect counterfeit
electronic parts; and
(ix) the flow down of counterfeit avoidance
and detection requirements to subcontractors; and
(B) establish processes for the review and approval
of contractor systems for the detection and avoidance of
counterfeit electronic parts and suspect counterfeit
electronic parts, which processes shall be comparable to
the processes established for contractor business
systems under section 893 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4311; 10 U.S.C. 2302 note).
(f) <> Definitions.--In subsections (a)
through (e) of this section:
(1) The term ``covered contractor'' has the meaning given
that term in section 893(f)(2) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011.
(2) The term ``electronic part'' means an integrated
circuit, a discrete electronic component (including, but not
limited to, a transistor, capacitor, resistor, or diode), or a
circuit assembly.
(g) <> Information Sharing.--
(1) <> In general.--If United
States Customs and Border Protection suspects a product of being
imported in violation
[[Page 1497]]
of section 42 of the Lanham Act, and subject to any applicable bonding
requirements, the Secretary of the Treasury may share information
appearing on, and unredacted samples of, products and their packaging
and labels, or photographs of such products, packaging, and labels, with
the rightholders of the trademarks suspected of being copied or
simulated for purposes of determining whether the products are
prohibited from importation pursuant to such section.
(2) Sunset.--This subsection shall expire on the date of the
enactment of the Customs Facilitation and Trade Enforcement
Reauthorization Act of 2012.
(3) Lanham act defined.--In this subsection, the term
``Lanham Act'' means the Act entitled ``An Act to provide for
the registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946
(commonly referred to as the ``Trademark Act of 1946'' or the
``Lanham Act'').
(h) Trafficking in Inherently Dangerous Goods or Services.--Section
2320 of title 18, United States Code, is amended to read as follows:
``Sec. 2320. Trafficking in counterfeit goods or services
``(a) Offenses.--Whoever intentionally--
``(1) traffics in goods or services and knowingly uses a
counterfeit mark on or in connection with such goods or
services,
``(2) traffics in labels, patches, stickers, wrappers,
badges, emblems, medallions, charms, boxes, containers, cans,
cases, hangtags, documentation, or packaging of any type or
nature, knowing that a counterfeit mark has been applied
thereto, the use of which is likely to cause confusion, to cause
mistake, or to deceive, or
``(3) traffics in goods or services knowing that such good
or service is a counterfeit military good or service the use,
malfunction, or failure of which is likely to cause serious
bodily injury or death, the disclosure of classified
information, impairment of combat operations, or other
significant harm to a combat operation, a member of the Armed
Forces, or to national security,
or attempts or conspires to violate any of paragraphs (1) through (3)
shall be punished as provided in subsection (b).
``(b) Penalties.--
``(1) In general.--Whoever commits an offense under
subsection (a)--
``(A) if an individual, shall be fined not more than
$2,000,000 or imprisoned not more than 10 years, or
both, and, if a person other than an individual, shall
be fined not more than $5,000,000; and
``(B) for a second or subsequent offense under
subsection (a), if an individual, shall be fined not
more than $5,000,000 or imprisoned not more than 20
years, or both, and if other than an individual, shall
be fined not more than $15,000,000.
``(2) Serious bodily injury or death.--
``(A) Serious bodily injury.--Whoever knowingly or
recklessly causes or attempts to cause serious bodily
injury
[[Page 1498]]
from conduct in violation of subsection (a), if an
individual, shall be fined not more than $5,000,000 or
imprisoned for not more than 20 years, or both, and if
other than an individual, shall be fined not more than
$15,000,000.
``(B) Death.--Whoever knowingly or recklessly causes
or attempts to cause death from conduct in violation of
subsection (a), if an individual, shall be fined not
more than $5,000,000 or imprisoned for any term of years
or for life, or both, and if other than an individual,
shall be fined not more than $15,000,000.
``(3) Counterfeit military goods or services.--Whoever
commits an offense under subsection (a) involving a counterfeit
military good or service--
``(A) if an individual, shall be fined not more than
$5,000,000, imprisoned not more than 20 years, or both,
and if other than an individual, be fined not more than
$15,000,000; and
``(B) for a second or subsequent offense, if an
individual, shall be fined not more than $15,000,000,
imprisoned not more than 30 years, or both, and if other
than an individual, shall be fined not more than
$30,000,000.
``(c) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.
``(d) Defenses.--All <> defenses, affirmative
defenses, and limitations on remedies that would be applicable in an
action under the Lanham Act shall be applicable in a prosecution under
this section. In a prosecution under this section, the defendant shall
have the burden of proof, by a preponderance of the evidence, of any
such affirmative defense.
``(e) Presentence Report.--(1) During preparation of the presentence
report pursuant to Rule 32(c) of the Federal Rules of Criminal
Procedure, victims of the offense shall be permitted to submit, and the
probation officer shall receive, a victim impact statement that
identifies the victim of the offense and the extent and scope of the
injury and loss suffered by the victim, including the estimated economic
impact of the offense on that victim.
``(2) Persons permitted to submit victim impact statements shall
include--
``(A) producers and sellers of legitimate goods or services
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in such goods
or services; and
``(C) the legal representatives of such producers, sellers,
and holders.
``(f) Definitions.--For the purposes of this section--
``(1) the term `counterfeit mark' means--
``(A) a spurious mark--
``(i) that is used in connection with
trafficking in any goods, services, labels,
patches, stickers, wrappers, badges, emblems,
medallions, charms, boxes, containers, cans,
cases, hangtags, documentation, or packaging of
any type or nature;
``(ii) that is identical with, or
substantially indistinguishable from, a mark
registered on the principal
[[Page 1499]]
register in the United States Patent and Trademark
Office and in use, whether or not the defendant
knew such mark was so registered;
``(iii) that is applied to or used in
connection with the goods or services for which
the mark is registered with the United States
Patent and Trademark Office, or is applied to or
consists of a label, patch, sticker, wrapper,
badge, emblem, medallion, charm, box, container,
can, case, hangtag, documentation, or packaging of
any type or nature that is designed, marketed, or
otherwise intended to be used on or in connection
with the goods or services for which the mark is
registered in the United States Patent and
Trademark Office; and
``(iv) the use of which is likely to cause
confusion, to cause mistake, or to deceive; or
``(B) a spurious designation that is identical with,
or substantially indistinguishable from, a designation
as to which the remedies of the Lanham Act are made
available by reason of section 220506 of title 36;
but such term does not include any mark or designation used in
connection with goods or services, or a mark or designation
applied to labels, patches, stickers, wrappers, badges, emblems,
medallions, charms, boxes, containers, cans, cases, hangtags,
documentation, or packaging of any type or nature used in
connection with such goods or services, of which the
manufacturer or producer was, at the time of the manufacture or
production in question, authorized to use the mark or
designation for the type of goods or services so manufactured or
produced, by the holder of the right to use such mark or
designation;
``(2) the term `financial gain' includes the receipt, or
expected receipt, of anything of value;
``(3) the term `Lanham Act' means the Act entitled `An Act
to provide for the registration and protection of trademarks
used in commerce, to carry out the provisions of certain
international conventions, and for other purposes', approved
July 5, 1946 (15 U.S.C. 1051 et seq.);
``(4) the term `counterfeit military good or service' means
a good or service that uses a counterfeit mark on or in
connection with such good or service and that--
``(A) is falsely identified or labeled as meeting
military specifications, or
``(B) is intended for use in a military or national
security application; and
``(5) the term `traffic' means to transport, transfer, or
otherwise dispose of, to another, for purposes of commercial
advantage or private financial gain, or to make, import, export,
obtain control of, or possess, with intent to so transport,
transfer, or otherwise dispose of.
``(g) Limitation on Cause of Action.--Nothing in this section shall
entitle the United States to bring a criminal cause of action under this
section for the repackaging of genuine goods or services not intended to
deceive or confuse.
``(h) Report to Congress.--(1) Beginning with the first year after
the date of enactment of this subsection, the Attorney General shall
include in the report of the Attorney General to Congress
[[Page 1500]]
on the business of the Department of Justice prepared pursuant to
section 522 of title 28, an accounting, on a district by district basis,
of the following with respect to all actions taken by the Department of
Justice that involve trafficking in counterfeit labels for phonorecords,
copies of computer programs or computer program documentation or
packaging, copies of motion pictures or other audiovisual works (as
defined in section 2318 of this title), criminal infringement of
copyrights (as defined in section 2319 of this title), unauthorized
fixation of and trafficking in sound recordings and music videos of live
musical performances (as defined in section 2319A of this title), or
trafficking in goods or services bearing counterfeit marks (as defined
in section 2320 of this title):
``(A) The number of open investigations.
``(B) The number of cases referred by the United States
Customs Service.
``(C) The number of cases referred by other agencies or
sources.
``(D) The number and outcome, including settlements,
sentences, recoveries, and penalties, of all prosecutions
brought under sections 2318, 2319, 2319A, and 2320 of title 18.
``(2)(A) The report under paragraph (1), with respect to criminal
infringement of copyright, shall include the following:
``(i) The number of infringement cases in these categories:
audiovisual (videos and films); audio (sound recordings);
literary works (books and musical compositions); computer
programs; video games; and, others.
``(ii) The number of online infringement cases.
``(iii) The number and dollar amounts of fines assessed in
specific categories of dollar amounts. These categories shall
be: no fines ordered; fines under $500; fines from $500 to
$1,000; fines from $1,000 to $5,000; fines from $5,000 to
$10,000; and fines over $10,000.
``(iv) The total amount of restitution ordered in all
copyright infringement cases.
``(B) <> In this paragraph, the term `online
infringement cases' as used in paragraph (2) means those cases where the
infringer--
``(i) advertised or publicized the infringing work on the
Internet; or
``(ii) made the infringing work available on the Internet
for download, reproduction, performance, or distribution by
other persons.
``(C) The information required under subparagraph (A) shall be
submitted in the report required in fiscal year 2005 and thereafter.
``(i) Transshipment and Exportation.--No goods or services, the
trafficking in of which is prohibited by this section, shall be
transshipped through or exported from the United States. Any such
transshipment or exportation shall be deemed a violation of section 42
of an Act to provide for the registration of trademarks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes, approved July 5, 1946 (commonly
referred to as the `Trademark Act of 1946' or the `Lanham Act').''.
[[Page 1501]]
SEC. 819. MODIFICATION OF CERTAIN REQUIREMENTS OF THE WEAPON
SYSTEMS ACQUISITION REFORM ACT OF 2009.
(a) Repeal of Certification of Compliance of Certain Major Defense
Acquisition Programs With Actions on Treatment of Systemic Problems
Before Milestone Approval.--Subsection (c) of section 204 of the Weapon
Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123 Stat.
1723; 10 U.S.C. 2366a note) is repealed.
(b) Waiver of Requirement To Review Programs Receiving Waiver of
Certain Certification Requirements.--Section 2366b(d) of title 10,
United States Code, is amended by adding the following new paragraph:
``(3) <> The requirement in paragraph (2)(B)
shall not apply to a program for which a certification was required
pursuant to section 2433a(c) of this title if the milestone decision
authority--
``(A) determines in writing that--
``(i) the program has reached a stage in the
acquisition process at which it would not be practicable
to meet the certification component that was waived; and
``(ii) the milestone decision authority has taken
appropriate alternative actions to address the
underlying purposes of such certification component; and
``(B) submits the written determination, and an explanation
of the basis for the determination, to the congressional defense
committees.''.
SEC. 820. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN
DEPARTMENT OF DEFENSE PLANNING DOCUMENTS.
(a) Elements in QDR Reports to Congress.--Section 118(d) of title
10, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) the roles and responsibilities that would be
discharged by contractors.'';
(2) in paragraph (6), by striking ``manpower and
sustainment'' and inserting ``manpower, sustainment, and
contractor support''; and
(3) in paragraph (8), by inserting ``, and the scope of
contractor support,'' after ``Defense Agencies''.
(b) Chairman of Joint Chiefs of Staff Assessments of Contractor
Support of Armed Forces.--
(1) Assessments under contingency planning.--Paragraph (3)
of subsection (a) of section 153 of such title is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) Identifying the support functions that are likely to
require contractor performance under those contingency plans,
and the risks associated with the assignment of such functions
to contractors.''.
[[Page 1502]]
(2) Assessments under advice on requirements, programs, and
budget.--Paragraph (4)(E) of such subsection is amended by
inserting ``and contractor support'' after ``area of manpower''.
(3) Assessments for biennial review of national military
strategy.--Subsection (d) of such section is amended--
(A) in paragraph (2), by adding at the end the
following new subparagraph:
``(I) Assessment of the requirements for contractor support
of the armed forces in conducting peacetime training,
peacekeeping, overseas contingency operations, and major combat
operations, and the risks associated with such support.''; and
(B) in paragraph (3)(B), by striking ``and the
levels of support from allies and other friendly
nations'' and inserting ``the levels of support from
allies and other friendly nations, and the levels of
contractor support''.
SEC. 821. AMENDMENT RELATING TO BUYING TENTS, TARPAULINS, OR
COVERS FROM AMERICAN SOURCES.
Section 2533a(b)(1)(C) of title 10, United States Code, is amended
by inserting ``(and the structural components thereof)'' after
``tents''.
SEC. 822. REPEAL OF SUNSET OF AUTHORITY TO PROCURE FIRE RESISTANT
RAYON FIBER FROM FOREIGN SOURCES FOR THE
PRODUCTION OF UNIFORMS.
Subsection (f) of section 829 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10 U.S.C.
2533a note) is repealed.
SEC. 823. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2335. Prohibition on collection of political information
``(a) Prohibition on Requiring Submission of Political
Information.--The head of an agency may not require a contractor to
submit political information related to the contractor or a
subcontractor at any tier, or any partner, officer, director, or
employee of the contractor or subcontractor--
``(1) as part of a solicitation, request for bid, request
for proposal, or any other form of communication designed to
solicit offers in connection with the award of a contract for
procurement of property or services; or
``(2) during the course of contract performance as part of
the process associated with modifying a contract or exercising a
contract option.
``(b) Scope.--The prohibition under this section applies to the
procurement of commercial items, the procurement of commercial-off-the-
shelf-items, and the non-commercial procurement of supplies, property,
services, and manufactured items, irrespective of contract vehicle,
including contracts, purchase orders, task or deliver orders under
indefinite delivery/indefinite quantity contracts, blanket purchase
agreements, and basic ordering agreements.
``(c) Rule of Construction.--Nothing in this section shall be
construed as--
``(1) waiving, superseding, restricting, or limiting the
application of the Federal Election Campaign Act of 1971 (2
[[Page 1503]]
U.S.C. 431 et seq.) or preventing Federal regulatory or law
enforcement agencies from collecting or receiving information
authorized by law; or
``(2) precluding the Defense Contract Audit Agency from
accessing and reviewing certain information, including political
information, for the purpose of identifying unallowable costs
and administering cost principles established pursuant to
section 2324 of this title.
``(d) Definitions.--In this section:
``(1) Contractor.--The term `contractor' includes
contractors, bidders, and offerors, and individuals and legal
entities who would reasonably be expected to submit offers or
bids for Federal Government contracts.
``(2) Political information.--The term `political
information' means information relating to political spending,
including any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the contractor, any of its
partners, officers, directors or employees, or any of its
affiliates or subsidiaries to a candidate or on behalf of a
candidate for election for Federal office, to a political
committee, to a political party, to a third party entity with
the intention or reasonable expectation that it would use the
payment to make independent expenditures or electioneering
communications, or that is otherwise made with respect to any
election for Federal office, party affiliation, and voting
history. Each of the terms `contribution', `expenditure',
`independent expenditure', `candidate', `election',
`electioneering communication', and `Federal office' has the
meaning given the term in the Federal Campaign Act of 1971 (2
U.S.C. 431 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of such title is amended by inserting after the item
relating to section 2334 the following new item:
``2335. Prohibition on collection of political information.''.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 831. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE
APPROVAL FOR CERTAIN MAJOR DEFENSE
ACQUISITION PROGRAMS EXPERIENCING CRITICAL
COST GROWTH DUE TO CHANGE IN QUANTITY
PURCHASED.
Section 2433a(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3)(A) <