[112th Congress Public Law 81]
[From the U.S. Government Printing Office]
[[Page 1297]]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012
[[Page 125 STAT. 1298]]
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. <<NOTE: Dec. 31, 2011 - [H.R.
1540]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2012.>>
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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 101 note.>> 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 125 STAT. 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 <<NOTE: Certification.>> 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 221 note.>> 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 <<NOTE: Classified information.>> 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 <<NOTE: Definition.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Certifications.>> 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 <<NOTE: Deadline.>> To Secure Protected Communications.--
Not later than 90 days after the date of the enactment of this Act, the
[[Page 125 STAT. 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 <<NOTE: Notification.>> 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 125 STAT. 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 125 STAT. 1324]]
Subtitle E--Joint and Multiservice Matters
SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OF
JOINT TACTICAL RADIO SYSTEM.
(a) Limitation.--Of <<NOTE: Certification.>> 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 <<NOTE: Definition.>> 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 <<NOTE: Effective date.>> 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 125 STAT. 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 <<NOTE: Time
period.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 <<NOTE: Effective date. Reports.>> 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 125 STAT. 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) <<NOTE: Effective date. Assessments.>> 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 <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Reports.>> 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 125 STAT. 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) <<NOTE: Certification.>> 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 <<NOTE: Deadline.>> 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 125 STAT. 1332]]
(1) Limitation on funding.--Except <<NOTE: Effective
date. Reports.>> 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 <<NOTE: Effective date.>> 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 125 STAT. 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 <<NOTE: Deadline.>> 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 <<NOTE: Effective date. Certification.>> 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 <<NOTE: Effective date.>> 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 125 STAT. 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) <<NOTE: Certification.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Submission date. Acquisition strategy.>> 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 <<NOTE: Submission date. Reports.>> 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 125 STAT. 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 <<NOTE: Deadline.>> 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 125 STAT. 1336]]
SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM
DEVELOPMENT AND PROCUREMENT PROGRAM AS
MAJOR SUBPROGRAM.
Not <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2358 note.>> 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 <<NOTE: Contracts.>> 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 125 STAT. 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. <<NOTE: 10 USC 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 125 STAT. 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 125 STAT. 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 <<NOTE: Notification.>> 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) <<NOTE: Repeal.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 1342]]
SEC. 235. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MEDIUM
EXTENDED AIR DEFENSE SYSTEM.
(a) <<NOTE: Submission date. Plans.>> 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 <<NOTE: Germany. Italy.>> 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 125 STAT. 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 125 STAT. 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 <<NOTE: Deadline.>> 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 125 STAT. 1345]]
SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE KC-46A AIRCRAFT
ACQUISITION PROGRAM.
(a) Annual GAO Review.--During <<NOTE: Time period.>> 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 <<NOTE: Deadline.>>
later than 30 days after the date of the enactment of this Act, the
Secretary
[[Page 125 STAT. 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 125 STAT. 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) <<NOTE: 10 USC 2359a note.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 <<NOTE: 16 USC
670n.>> 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 125 STAT. 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) <<NOTE: Applicability.>> 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 <<NOTE: Reports.>> 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 125 STAT. 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. <<NOTE: 10 USC 2911 note.>> 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 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 125 STAT. 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 125 STAT. 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) <<NOTE: Certification.>> 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 <<NOTE: Deadline.>>
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 <<NOTE: Reports.>> 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 125 STAT. 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. <<NOTE: 10 USC 2228 note.>> IMPLEMENTATION OF CORRECTIVE
ACTIONS RESULTING FROM CORROSION STUDY OF
THE F-22 AND F-35 AIRCRAFT.
(a) Implementation; Congressional Briefing.--
Not <<NOTE: Deadline.>> 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 125 STAT. 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) <<NOTE: Submission.>> 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 125 STAT. 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 125 STAT. 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 <<NOTE: Contracts.>> 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 125 STAT. 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) <<NOTE: Deadline.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Notification. Deadline.>> 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 125 STAT. 1367]]
``(c) Applicability to Commercial Items.--(1) The requirement in
subsection (a)(3) shall not apply to items determined to be commercial
items.
``(2) <<NOTE: Notification. Determination.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Waiver authority.>> 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 <<NOTE: Regulations. Determination. Criteria.>> 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) <<NOTE: Effective date. Time periods. Reports.>> 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 125 STAT. 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 <<NOTE: Reports. Recommenda-
tions. Deadline.>> 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 125 STAT. 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 <<NOTE: Procedures.>>
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) <<NOTE: Lists.>> 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 <<NOTE: Lists.>> 2229a(a) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(7) <<NOTE: Plans.>> 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 125 STAT. 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 <<NOTE: Plans.>>
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 <<NOTE: Determination. Assessment.>>
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 125 STAT. 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 <<NOTE: Plans.>> 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 125 STAT. 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 125 STAT. 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 <<NOTE: Deadline. Survey. Reports.>> 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 118b note.>> 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) <<NOTE: Determination.>> 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 125 STAT. 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 <<NOTE: Reports.>>
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) <<NOTE: Time period. Reports.>> 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 125 STAT. 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) <<NOTE: Certification.>> 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 125 STAT. 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 <<NOTE: Notice.>> (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 <<NOTE: Determination.>> 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 125 STAT. 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 <<NOTE: 10 USC 7921.>> 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 125 STAT. 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. <<NOTE: 10 USC 9511a.>> Civil Reserve Air Fleet
contracts: payment rate
``(a) Authority.--The <<NOTE: Determination.>> 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 125 STAT. 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 <<NOTE: Deadline. 10 USC 9511a
note.>> 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. <<NOTE: 10 USC note prec. 2001.>> POLICY ON ACTIVE
SHOOTER TRAINING FOR CERTAIN LAW
ENFORCEMENT PERSONNEL.
The <<NOTE: Guidelines.>> 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. <<NOTE: 10 USC 2302 note.>> 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 <<NOTE: Applicability.>>
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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 1387]]
``(1) <<NOTE: Time periods.>> 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 <<NOTE: 10 USC 525 note.>> 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 <<NOTE: 10 USC 525 note.>> 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 <<NOTE: 10 USC 526 note.>> 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 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) <<NOTE: Expiration date.>> 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 125 STAT. 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) <<NOTE: Waiver authority.>> 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) <<NOTE: 10 USC 1293 note.>> 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) <<NOTE: Time period.>> 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 125 STAT. 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 <<NOTE: Appointment.>> 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 125 STAT. 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) <<NOTE: President. Appointment.>> 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 <<NOTE: Appointment.>> 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 125 STAT. 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) <<NOTE: 10 USC 10505 note.>> 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) <<NOTE: 10 USC 10505 note.>> 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 125 STAT. 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. <<NOTE: 10 USC 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 <<NOTE: Time period.>> 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 125 STAT. 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 <<NOTE: 32 USC 317 note.>> 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. <<NOTE: 10 USC 12304b.>> Selected Reserve: order to
active duty for preplanned missions in
support of the combatant commands
``(a) Authority.--When <<NOTE: Time period.>> 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 125 STAT. 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 <<NOTE: Reports.>> 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 125 STAT. 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. <<NOTE: 10 USC 164 note.>> 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 125 STAT. 1398]]
(3) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tion.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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) <<NOTE: 37 USC 436 note.>> 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. <<NOTE: 10 USC note prec. 701.>> 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. <<NOTE: 10 USC 503 note.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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 125 STAT. 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) <<NOTE: 10 USC 1071 note.>> 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) <<NOTE: 10 USC 1071 note.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Repeal.>> 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 125 STAT. 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. <<NOTE: 10 USC 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 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 125 STAT. 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 125 STAT. 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) <<NOTE: Applicability. 10 USC 843 note.>> 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) <<NOTE: Applicability. 10 USC 847 note.>> 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 125 STAT. 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. <<NOTE: 10 USC note prec. 1030.>> 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) <<NOTE: 10 USC 2155 note.>> 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 125 STAT. 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. <<NOTE: 10 USC 4346 note.>> 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 125 STAT. 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. <<NOTE: 10 USC 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 125 STAT. 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) <<NOTE: Establishment. Appointment.>> 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 125 STAT. 1416]]
(c) Effective <<NOTE: Applicability. 10 USC 9315 note.>> 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, <<NOTE: Time
period.>> 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 2015 note.>> PILOT PROGRAM ON RECEIPT OF
CIVILIAN CREDENTIALING FOR SKILLS REQUIRED
FOR MILITARY OCCUPATIONAL SPECIALTIES.
(a) <<NOTE: Effective date.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Review.>> 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 125 STAT. 1421]]
``(B) inspections and audits to ensure that
appropriate follow-up regarding issues and
recommendations raised by such inspections and audits
has occurred.
``(4) <<NOTE: Reports.>> 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. <<NOTE: 24 USC 416.>> 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) <<NOTE: Recommenda- tions.>> 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 125 STAT. 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 125 STAT. 1423]]
``SEC. 1516A. <<NOTE: 24 USC 416a.>> 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. <<NOTE: Records.>> 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 125 STAT. 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 <<NOTE: 24 USC 411, 412, 414, 418, 420, 422,
423.>> 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 125 STAT. 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) <<NOTE: Reports. Plans.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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) <<NOTE: Review.>> 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 125 STAT. 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) <<NOTE: Deadline. Regulations. 10 USC 1565b note.>> Legal
Assistance for Victims of Sexual Assault.--Not later than 180 days after
the date of the enactment of this Act,
[[Page 125 STAT. 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. <<NOTE: 10 USC 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) <<NOTE: Regulations.>> 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 125 STAT. 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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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) <<NOTE: Guidelines.>> 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. <<NOTE: 10 USC 1561 note.>> SEXUAL ASSAULT RESPONSE
COORDINATORS AND SEXUAL ASSAULT VICTIM
ADVOCATES.
(a) Assignment of Coordinators.--
[[Page 125 STAT. 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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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 125 STAT. 1434]]
SEC. 585. <<NOTE: 10 USC 1561 note.>> TRAINING AND EDUCATION
PROGRAMS FOR SEXUAL ASSAULT PREVENTION AND
RESPONSE PROGRAM.
(a) Sexual Assault Prevention and Response Training and Education.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 1561 note.>> Comprehensive Policy on Retention
and Access to Records.--Not <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 1561 note.>> 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 125 STAT. 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) <<NOTE: 10 USC 1561 note.>> 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) <<NOTE: 10 USC 1561 note.>> 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 125 STAT. 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 <<NOTE: Notification.>> 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. <<NOTE: 10 USC 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 125 STAT. 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. <<NOTE: 10 USC 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) <<NOTE: Consultation.>> 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) <<NOTE: Grants. Contracts.>> 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 125 STAT. 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 125 STAT. 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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) <<NOTE: Notification.>> 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 125 STAT. 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. <<NOTE: 10 USC 4723.>> Advisory committee on
Arlington National Cemetery
``(a) Appointment.--The Secretary of the Army shall appoint an
advisory committee on Arlington National Cemetery.
``(b) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Reports.>> 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. <<NOTE: 10 USC 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 125 STAT. 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 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) <<NOTE: Deadline. Reports.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Deadlines. Reports.>> 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 125 STAT. 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) <<NOTE: President.>> 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. <<NOTE: 10 USC 3741 note.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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. <<NOTE: 37 USC 451 note.>> 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 125 STAT. 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. <<NOTE: 37 USC 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 125 STAT. 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 125 STAT. 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. <<NOTE: 37 USC 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 125 STAT. 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 125 STAT. 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. <<NOTE: 37 USC 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 125 STAT. 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. <<NOTE: 37 USC 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 125 STAT. 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. <<NOTE: 37 USC 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. <<NOTE: 37 USC 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. <<NOTE: 37 USC 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) <<NOTE: Deadline.>> 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 125 STAT. 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) <<NOTE: Applicability.>> 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. <<NOTE: 37 USC 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. <<NOTE: 37 USC 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. <<NOTE: 37 USC 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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) <<NOTE: 10 USC 1174a, 1175, 1175a, 1491; 32 USC
115; 37 USC 403, 420, 422.>> 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) <<NOTE: 2 USC 906; 5 USC 4109, 5760; 10 USC 701
note prec., 1071 note, 1591 note; 14 USC 512; 36 USC
2101.>> 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. <<NOTE: 37 USC 451 note.>> 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) <<NOTE: Deadline.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: 10 USC 1475 note.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Effective date.>> 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) <<NOTE: Determination. 10 USC 1097 note.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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 125 STAT. 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) <<NOTE: Determination.>> 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 125 STAT. 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Effective date. 10 USC 1074m note.>>
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) <<NOTE: 10 USC 10101 note.>> Behavioral Health Support.--
[[Page 125 STAT. 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) <<NOTE: Regulations.>> 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 125 STAT. 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) <<NOTE: 10 USC 1078b note.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> The Secretary may not provide
transportation to a dependent under this paragraph if the Secretary
determines that--
[[Page 125 STAT. 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) <<NOTE: Expiration date.>> 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 <<NOTE: Time period.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: 10 USC 1094 note.>> 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 125 STAT. 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) <<NOTE: 10 USC 1102 note.>> 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) <<NOTE: Time period.>> 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 125 STAT. 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) <<NOTE: Effective date. Reports.>> 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 125 STAT. 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. <<NOTE: 10 USC 1071 note.>> 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 125 STAT. 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 125 STAT. 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 125 STAT. 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 125 STAT. 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) <<NOTE: 10 USC 2366a note.>> 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) <<NOTE: Deadline. 10 USC 2366a note.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Deadline. 10 USC 2324 note.>> 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) <<NOTE: Applicability.>> 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 125 STAT. 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) <<NOTE: 10 USC 1705 note.>> 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) <<NOTE: Web site.>> 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 125 STAT. 1487]]
SEC. 806. <<NOTE: 10 USC 2302 note.>> INCLUSION OF DATA ON
CONTRACTOR PERFORMANCE IN PAST PERFORMANCE
DATABASES FOR SOURCE SELECTION DECISIONS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Deadlines.>> 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 125 STAT. 1488]]
SEC. 807. <<NOTE: 10 USC 2330 note.>> IMPLEMENTATION OF
RECOMMENDATIONS OF DEFENSE SCIENCE BOARD
TASK FORCE ON IMPROVEMENTS TO SERVICE
CONTRACTING.
(a) <<NOTE: Deadline.>> 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 125 STAT. 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) <<NOTE: Deadline.>> 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) <<NOTE: Negotiations.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: 41 USC 1908 note.>> 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 125 STAT. 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
``. <<NOTE: Determination. Criteria. Regulations.>> 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) <<NOTE: Determination.>> 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 125 STAT. 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) <<NOTE: 10 USC 2320 note.>> 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) <<NOTE: Definition.>> 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) <<NOTE: 10 USC 2302 note.>> 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) <<NOTE: Deadline. 10 USC 2302 note.>> Actions Following
Assessment.--Not later than 180 days after the date of the enactment of
the Act, the Secretary shall,
[[Page 125 STAT. 1494]]
based on the results of the assessment required by subsection (a)--
(1) <<NOTE: Definitions.>> 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) <<NOTE: Guidance.>> 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) <<NOTE: Reports. Deadlines.>> 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) <<NOTE: 10 USC 2302 note.>> Regulations.--
(1) <<NOTE: Deadline.>> 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 125 STAT. 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) <<NOTE: Requirements. Notification.>> 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) <<NOTE: Requirements.>> 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 125 STAT. 1496]]
material concerned contained counterfeit electronic parts or
suspect counterfeit electronic parts.
(d) <<NOTE: Consultation. 10 USC 2302 note.>> 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) <<NOTE: 10 USC 2302 note.>> Improvement of Contractor Systems
for Detection and Avoidance of Counterfeit Electronic Parts.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2302 note.>> 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) <<NOTE: 10 USC 2302 note.>> Information Sharing.--
(1) <<NOTE: Exports and imports.>> In general.--If United
States Customs and Border Protection suspects a product of being
imported in violation
[[Page 125 STAT. 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 125 STAT. 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 <<NOTE: Applicability.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Definition.>> 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 125 STAT. 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) <<NOTE: Determination.>> 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 125 STAT. 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 125 STAT. 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) <<NOTE: Determinations.>> The requirements of subparagraphs
(B) and (C) of paragraph (1) shall not apply to a program or subprogram
if--
``(i) the Milestone Decision Authority determines in
writing, on the basis of a cost assessment and root cause
analysis conducted pursuant to subsection (a), that--
``(I) but for a change in the quantity of items to
be purchased under the program or subprogram, the
program acquisition unit cost or procurement unit cost
for the program or subprogram would not have increased
by a percentage equal to or greater than the cost growth
thresholds
[[Page 125 STAT. 1504]]
for the program or subprogram set forth in subparagraph
(B); and
``(II) the change in quantity of items described in
subclause (I) was not made as a result of an increase in
program cost, a delay in the program, or a problem
meeting program requirements;
``(ii) <<NOTE: Determination.>> the Secretary determines in
writing that the cost to the Department of Defense of complying
with such requirements is likely to exceed the benefits to the
Department of complying with such requirements; and
``(iii) <<NOTE: Deadline. Reports.>> the Secretary submits
to Congress, before the end of the 60-day period beginning on
the day the Selected Acquisition Report containing the
information described in section 2433(g) of this title is
required to be submitted under section 2432(f) of this title--
``(I) a copy of the written determination under
clause (i) and an explanation of the basis for the
determination; and
``(II) a copy of the written determination under
clause (ii) and an explanation of the basis for the
determination.
``(B) The cost growth thresholds specified in this subparagraph are
as follows:
``(i) In the case of a major defense acquisition program or
designated major defense subprogram, a percentage increase in
the program acquisition unit cost for the program or subprogram
of--
``(I) 5 percent over the program acquisition unit
cost for the program or subprogram as shown in the
current Baseline Estimate for the program or subprogram;
and
``(II) 10 percent over the program acquisition unit
cost for the program or subprogram as shown in the
original Baseline Estimate for the program or
subprogram.
``(ii) In the case of a major defense acquisition program or
designated major defense subprogram that is a procurement
program, a percentage increase in the procurement unit cost for
the program or subprogram of--
``(I) 5 percent over the procurement unit cost for
the program or subprogram as shown in the current
Baseline Estimate for the program or subprogram; and
``(II) 10 percent over the procurement unit cost for
the program or subprogram as shown in the original
Baseline Estimate for the program or subprogram.''.
SEC. 832. <<NOTE: 10 USC 2430 note.>> ASSESSMENT, MANAGEMENT, AND
CONTROL OF OPERATING AND SUPPORT COSTS FOR
MAJOR WEAPON SYSTEMS.
(a) <<NOTE: Deadline.>> Guidance Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall issue guidance on actions to be taken to assess, manage, and
control Department of Defense costs for the operation and support of
major weapon systems.
(b) Elements.--The guidance required by subsection (a) shall, at a
minimum--
(1) be issued in conjunction with the comprehensive guidance
on life-cycle management and the development and implementation
of product support strategies for major weapon systems required
by section 805 of the National Defenese
[[Page 125 STAT. 1505]]
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2403; 10 U.S.C. 2301 note);
(2) require the military departments to retain each estimate
of operating and support costs that is developed at any time
during the life cycle of a major weapon system, together with
supporting documentation used to develop the estimate;
(3) require the military departments to update estimates of
operating and support costs periodically throughout the life
cycle of a major weapon system, to determine whether preliminary
information and assumptions remain relevant and accurate, and
identify and record reasons for variances;
(4) establish standard requirements for the collection of
data on operating and support costs for major weapon systems and
require the military departments to revise their Visibility and
Management of Operating and Support Costs (VAMOSC) systems to
ensure that they collect complete and accurate data in
compliance with such requirements and make such data available
in a timely manner;
(5) establish standard requirements for the collection and
reporting of data on operating and support costs for major
weapon systems by contractors performing weapon system
sustainment functions in an appropriate format, and develop
contract clauses to ensure that contractors comply with such
requirements;
(6) require the military departments--
(A) to collect and retain data from operational and
developmental testing and evaluation on the reliability
and maintainability of major weapon systems; and
(B) to use such data to inform system design
decisions, provide insight into sustainment costs, and
inform estimates of operating and support costs for such
systems;
(7) require the military departments to ensure that
sustainment factors are fully considered at key life cycle
management decision points and that appropriate measures are
taken to reduce operating and support costs by influencing
system design early in development, developing sound sustainment
strategies, and addressing key drivers of costs;
(8) require the military departments to conduct an
independent logistics assessment of each major weapon system
prior to key acquisition decision points (including milestone
decisions) to identify features that are likely to drive future
operating and support costs, changes to system design that could
reduce such costs, and effective strategies for managing such
costs;
(9) include--
(A) reliability metrics for major weapon systems;
and
(B) requirements on the use of metrics under
subparagraph (A) as triggers--
(i) to conduct further investigation and
analysis into drivers of those metrics; and
(ii) to develop strategies for improving
reliability, availability, and maintainability of
such systems at an affordable cost; and
(10) require the military departments to conduct periodic
reviews of operating and support costs of major weapon systems
after such systems achieve initial operational capability to
identify and address factors resulting in growth in operating
and support costs and adapt support strategies to reduce such
costs.
[[Page 125 STAT. 1506]]
(c) Retention of Data on Operating and Support Costs.--
(1) In general.--The Director of Cost Assessment and Program
Evaluation shall be responsible for developing and maintaining a
database on operating and support estimates, supporting
documentation, and actual operating and support costs for major
weapon systems.
(2) Support.--The Secretary of Defense shall ensure that the
Director, in carrying out such responsibility--
(A) promptly receives the results of all cost
estimates and cost analyses conducted by the military
departments with regard to operating and support costs
of major weapon systems;
(B) <<NOTE: Records.>> has timely access to any
records and data of the military departments (including
classified and proprietary information) that the
Director considers necessary to carry out such
responsibility; and
(C) with the concurrence of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, may
direct the military departments to collect and retain
information necessary to support the database.
(d) Major Weapon System Defined.--In this section, the term ``major
weapon system'' has the meaning given that term in section 2379(f) of
title 10, United States Code.
SEC. 833. CLARIFICATION OF RESPONSIBILITY FOR COST ANALYSES AND
TARGETS FOR CONTRACT NEGOTIATION PURPOSES.
Section 2334(e) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) in paragraph (1)--
(A) by striking ``shall provide that--'' and all
that follows through ``cost estimates'' and inserting
``shall provide that cost estimates'';
(B) by striking ``; and'' and inserting a period;
and
(C) by redesignating subparagraph (B) as paragraph
(2) and moving such paragraph two ems to the left;
(3) <<NOTE: Procedures. Guidelines.>> in paragraph (2), as
redesignated by paragraph (2) of this section, by striking
``cost analyses and targets'' and inserting ``The Under
Secretary of Defense for Acquisition, Technology, and Logistics
shall, in consultation with the Director of Cost Assessment and
Program Evaluation, develop policies, procedures, and guidance
to ensure that cost analyses and targets'';
(4) in paragraph (3), as redesignated by paragraph (1) of
this section, by striking ``issued by the Director of Cost
Assessment and Program Evaluation'' and inserting ``issued by
the Under Secretary of Defense for Acquisition, Technology, and
Logistics under paragraph (2)''; and
(5) in paragraph (5), as redesignated by paragraph (1) of
this section, by striking ``paragraph (3)'' and inserting
``paragraph (4)''.
SEC. 834. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON MANAGEMENT
OF MANUFACTURING RISK IN MAJOR DEFENSE
ACQUISITION PROGRAMS.
Section 812(b) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4264; 10 U.S.C. 2430
note) is amended--
[[Page 125 STAT. 1507]]
(1) by striking ``manufacturing readiness levels'' each
place it appears and inserting ``manufacturing readiness levels
or other manufacturing readiness standards'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph (4):
``(4) provide for the tailoring of manufacturing readiness
levels or other manufacturing readiness standards to address the
unique characteristics of specific industry sectors or weapon
system portfolios;''.
SEC. 835. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION FOR
MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Chief Developmental Tester.--Section 820(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2330), as amended by section 805(c) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 110-
181; <<NOTE: 10 USC 1701 note.>> 123 Stat. 2403), is further amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Chief developmental tester.''.
(b) Responsibilities of Chief Developmental Tester and Lead
Developmental Test and Evaluation Organization.--Section 139b of title
10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Support of Mdaps by Chief Developmental Tester and Lead
Developmental Test and Evaluation Organization.--
``(1) Support.--The Secretary of Defense shall require that
each major defense acquisition program be supported by--
``(A) a chief developmental tester; and
``(B) a governmental test agency, serving as lead
developmental test and evaluation organization for the
program.
``(2) Responsibilities of chief developmental tester.--The
chief developmental tester for a major defense acquisition
program shall be responsible for--
``(A) coordinating the planning, management, and
oversight of all developmental test and evaluation
activities for the program;
``(B) maintaining insight into contractor activities
under the program and overseeing the test and evaluation
activities of other participating government activities
under the program; and
``(C) helping program managers make technically
informed, objective judgments about contractor
developmental test and evaluation results under the
program.
``(3) Responsibilities of lead developmental test and
evaluation organization.--The lead developmental test and
evaluation organization for a major defense acquisition program
shall be responsible for--
[[Page 125 STAT. 1508]]
``(A) providing technical expertise on testing and
evaluation issues to the chief developmental tester for
the program;
``(B) conducting developmental testing and
evaluation activities for the program, as directed by
the chief developmental tester; and
``(C) assisting the chief developmental tester in
providing oversight of contractors under the program and
in reaching technically informed, objective judgments
about contractor developmental test and evaluation
results under the program.''.
SEC. 836. <<NOTE: 22 USC 2767 note.>> ASSESSMENT OF RISK
ASSOCIATED WITH DEVELOPMENT OF MAJOR
WEAPON SYSTEMS TO BE PROCURED UNDER
COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN
COUNTRIES.
(a) Assessment of Risk Required.--
(1) In general.--
Not <<NOTE: Deadline. President. Certification. Reports.>>
later than two days after the President transmits a
certification to Congress pursuant to section 27(f) of the Arms
Export Control Act (22 U.S.C. 2767(f)) regarding a proposed
cooperative project agreement that is expected to result in the
award of a Department of Defense contract for the engineering
and manufacturing development of a major weapon system, the
Secretary of Defense shall submit to the Chairmen of the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a risk assessment of the
proposed cooperative project.
(2) Preparation.--The <<NOTE: Consultation.>> Secretary
shall prepare each report required by paragraph (1) in
consultation with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, the Assistant Secretary
of Defense for Research and Engineering, and the Director of
Cost Assessment and Program Evaluation of the Department of
Defense.
(b) Elements.--The risk assessment on a cooperative project under
subsection (a) shall include the following:
(1) An assessment of the design, technical, manufacturing,
and integration risks associated with developing and procuring
the weapon system to be procured under the cooperative project.
(2) A statement identifying any termination liability that
would be incurred under the development contract to be entered
into under subsection (a)(1), and a statement of the extent to
which such termination liability would not be fully funded by
appropriations available or sought in the fiscal year in which
the agreement for the cooperative project is signed on behalf of
the United States.
(3) An assessment of the advisability of incurring any
unfunded termination liability identified under paragraph (2)
given the risks identified in the assessment under paragraph
(1).
(4) A listing of which, if any, requirements associated with
the oversight and management of a major defense acquisition
program (as prescribed under Department of Defense Instruction
5000.02 or related authorities) will be waived, or in any way
modified, in carrying out the development contract to be entered
into under (a)(1), and a full explanation why such requirements
need to be waived or modified.
(c) Definitions.--In this section:
[[Page 125 STAT. 1509]]
(1) The term ``engineering and manufacturing development''
has the meaning given that term in Department of Defense
Instruction 5000.02.
(2) The term ``major weapon system'' has the meaning given
that term in section 2379(f) of title 10, United States Code.
SEC. 837. COMPETITION IN MAINTENANCE AND SUSTAINMENT OF SUBSYSTEMS
OF MAJOR WEAPON SYSTEMS.
Section 202(d) of the Weapon Systems Acquisition Reform Act of 2009
(Public Law 111-23; 123 Stat. 1721; 10 U.S.C. 2430 note) is amended--
(1) in the subsection heading, by striking ``Operation and
Sustainment of Major Weapon Systems'' and inserting
``Maintenance and Sustainment of Major Weapon Systems and
Subsystems'';
(2) by inserting ``or subsystem of a major weapon system''
after ``a major weapon system''; and
(3) by inserting ``, or for components needed for such
maintenance and sustainment,'' after ``such maintenance and
sustainment''.
SEC. 838. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH RESPECT TO
EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.
The Secretary of Defense shall--
(1) redesignate the Evolved Expendable Launch Vehicle
program as a major defense acquisition program not in the
sustainment phase under section 2430 of title 10, United States
Code; or
(2) require the Evolved Expendable Launch Vehicle program--
(A) to provide to the congressional defense
committees all information with respect to the cost,
schedule, and performance of the program that would be
required to be provided under sections 2431 (relating to
weapons development and procurement schedules), 2432
(relating to Select Acquisition Reports, including
updated program life-cycle cost estimates), and 2433
(relating to unit cost reports) of title 10, United
States Code, with respect to the program if the program
were designated as a major defense acquisition program
not in the sustainment phase; and
(B) to provide to the Under Secretary of Defense for
Acquisition, Technology, and Logistics--
(i) a quarterly cost and status report,
commonly known as a Defense Acquisition Executive
Summary, which serves as an early-warning of
actual and potential problems with a program and
provides for possible mitigation plans; and
(ii) earned value management data that
contains measurements of contractor technical,
schedule, and cost performance.
[[Page 125 STAT. 1510]]
SEC. 839. <<NOTE: Deadlines.>> IMPLEMENTATION OF ACQUISITION
STRATEGY FOR EVOLVED EXPENDABLE LAUNCH
VEHICLE.
(a) In General.--Not <<NOTE: Submissions.>> later than March 31,
2012, the Secretary of Defense shall submit to the congressional
committees specified in subsection (c) the following information:
(1) A description of how the strategy of the Department of
Defense to acquire space launch capability under the Evolved
Expendable Launch Vehicle program implements each of the
recommendations included in the Report of the Government
Accountability Office on the Evolved Expendable Launch Vehicle,
dated September 15, 2011 (GAO-11-641).
(2) With respect to any such recommendation that the
Department does not implement, an explanation of how the
Department is otherwise addressing the deficiencies identified
in that report.
(b) Assessment by Comptroller General of the United States.--Not
later than 60 days after the submission of the information required by
subsection (a), the Comptroller General of the United States shall
submit to the congressional committees specified in subsection (c) an
assessment of that information and any additional findings or
recommendations the Comptroller General considers appropriate.
(c) Congressional Committees.--The congressional committees
specified in this subsection are the following:
(1) The Committees on Armed Services of the Senate and the
House of Representatives.
(2) The Committees on Appropriations of the Senate and the
House of Representatives.
(3) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House of
Representatives.
Subtitle D--Provisions Relating to Contracts in Support of Contingency
Operations in Iraq or Afghanistan
SEC. 841. <<NOTE: 10 USC 2302 note.>> PROHIBITION ON CONTRACTING
WITH THE ENEMY IN THE UNITED STATES
CENTRAL COMMAND THEATER OF OPERATIONS.
(a) Prohibition.--
(1) In general.--Not <<NOTE: Deadline.>> later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to authorize the head of a
contracting activity, pursuant to a request from the Commander
of the United States Central Command under subsection (c)(2)--
(A) to restrict the award of Department of Defense
contracts, grants, or cooperative agreements that the
head of the contracting activity determines in writing
would provide funding directly or indirectly to a person
or entity that has been identified by the Commander of
the United States Central Command as actively supporting
an insurgency or otherwise actively opposing United
States or coalition forces in a contingency operation in
the United States Central Command theater of operations;
[[Page 125 STAT. 1511]]
(B) to terminate for default any Department
contract, grant, or cooperative agreement upon a written
determination by the head of the contracting activity
that the contractor, or the recipient of the grant or
cooperative agreement, has failed to exercise due
diligence to ensure that none of the funds received
under the contract, grant, or cooperative agreement are
provided directly or indirectly to a person or entity
who is actively supporting an insurgency or otherwise
actively opposing United States or coalition forces in a
contingency operation in the United States Central
Command theater of operations; or
(C) to void in whole or in part any Department
contract, grant, or cooperative agreement upon a written
determination by the head of the contracting activity
that the contract, grant, or cooperative agreement
provides funding directly or indirectly to a person or
entity that has been identified by the Commander of the
United States Central Command as actively supporting an
insurgency or otherwise actively opposing United States
or coalition forces in a contingency operation in the
United States Central Command theater of operations.
(2) Treatment as void.--For purposes of this section:
(A) A contract, grant, or cooperative agreement that
is void is unenforceable as contrary to public policy.
(B) A contract, grant, or cooperative agreement that
is void in part is unenforceable as contrary to public
policy with regard to a segregable task or effort under
the contract, grant, or cooperative agreement.
(b) Contract Clause.--
(1) In general.--Not <<NOTE: Deadline.>> later than 30 days
after the date of the enactment of this Act, the Secretary shall
revise the Department of Defense Supplement to the Federal
Acquisition Regulation to require that--
(A) the clause described in paragraph (2) shall be
included in each covered contract, grant, and
cooperative agreement of the Department that is awarded
on or after the date of the enactment of this Act; and
(B) to the maximum extent practicable, each covered
contract, grant, and cooperative agreement of the
Department that is awarded before the date of the
enactment of this Act shall be modified to include the
clause described in paragraph (2).
(2) Clause described.--The clause described in this
paragraph is a clause that--
(A) requires the contractor, or the recipient of the
grant or cooperative agreement, to exercise due
diligence to ensure that none of the funds received
under the contract, grant, or cooperative agreement are
provided directly or indirectly to a person or entity
who is actively supporting an insurgency or otherwise
actively opposing United States or coalition forces in a
contingency operation; and
(B) <<NOTE: Notification.>> notifies the
contractor, or the recipient of the grant or cooperative
agreement, of the authority of the head of the
contracting activity to terminate or void the contract,
grant, or cooperative agreement, in whole or in part, as
provided in subsection (a).
[[Page 125 STAT. 1512]]
(3) Covered contract, grant, or cooperative agreement.--In
this <<NOTE: Definition.>> subsection, the term ``covered
contract, grant, or cooperative agreement'' means a contract,
grant, or cooperative agreement with an estimated value in
excess of $100,000 that will be performed in the United States
Central Command theater of operations.
(c) Identification of Contracts With Supporters of the Enemy.--
(1) In general.--Not <<NOTE: Deadline.>> later than 30 days
after the date of the enactment of this Act, the Secretary,
acting through the Commander of the United States Central
Command, shall establish a program to use available intelligence
to review persons and entities who receive United States funds
through contracts, grants, and cooperative agreements performed
in the United States Central Command theater of operations and
identify any such persons and entities who are actively
supporting an insurgency or otherwise actively opposing United
States or coalition forces in a contingency operation.
(2) Notice to contracting activities.--If the Commander of
the United States Central Command, acting pursuant to the
program required by paragraph (1), identifies a person or entity
as actively supporting an insurgency or otherwise actively
opposing United States or coalition forces in a contingency
operation, the Commander may notify the head of a contracting
activity in writing of such identification and request that the
head of the contracting activity exercise the authority provided
in subsection (a) with regard to any contracts, grants, or
cooperative agreements that provide funding directly or
indirectly to the person or entity.
(3) Protection of classified information.--Classified
information relied upon by the Commander of the United States
Central Command to make an identification in accordance with
this subsection may not be disclosed to a contractor or a
recipient of a grant or cooperative agreement with respect to
which an action is taken pursuant to the authority provided in
subsection (a), or to their representatives, in the absence of a
protective order issued by a court of competent jurisdiction
established under Article III of the Constitution of the United
States that specifically addresses the conditions upon which
such classified information may be so disclosed.
(d) Nondelegation of Responsibilities.--
(1) Contract actions.--The authority provided by subsection
(a) to restrict, terminate, or void contracts, grants, and
cooperative agreements may not be delegated below the level of
the head of a contracting activity.
(2) Identification of support of enemy.--The authority to
make an identification under subsection (c)(1) may not be
delegated below the level of the Commander of the United States
Central Command.
(e) Reports.--Not later than March 1 of each of 2013, 2014, and
2015, the Secretary shall submit to the congressional defense committees
a report on the use of the authority provided by this section in the
preceding calendar year. Each report shall identify, for the calendar
year covered by such report, each instance in which the Department of
Defense exercised the authority to restrict, terminate, or void
contracts, grants, and cooperative agreements pursuant to subsection (a)
and explain the basis for the action
[[Page 125 STAT. 1513]]
taken. Any report under this subsection may be submitted in classified
form.
(f) Other Definition.--In this section, the term ``contingency
operation'' has the meaning given that term in section 101(a)(13) of
title 10, United States Code.
(g) Sunset.--The authority to restrict, terminate, or void
contracts, grants, and cooperative agreements pursuant to subsection (a)
shall cease to be effective on the date that is three years after the
date of the enactment of this Act.
SEC. 842. <<NOTE: 10 USC 2313 note.>> ADDITIONAL ACCESS TO
CONTRACTOR AND SUBCONTRACTOR RECORDS IN
THE UNITED STATES CENTRAL COMMAND THEATER
OF OPERATIONS.
(a) Department of Defense Contracts, Grants, and Cooperative
Agreements.--
(1) In general.--Not <<NOTE: Deadline.>> later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to require that--
(A) the clause described in paragraph (2) shall be
included in each covered contract, grant, and
cooperative agreement of the Department of Defense that
is awarded on or after the date of the enactment of this
Act; and
(B) to the maximum extent practicable, each covered
contract, grant, and cooperative agreement of the
Department that is awarded before the date of the
enactment of this Act shall be modified to include the
clause described in paragraph (2).
(2) Clause.--The clause described in this paragraph is a
clause authorizing the Secretary, upon a written determination
pursuant to paragraph (3), to examine any records of the
contractor, the recipient of a grant or cooperative agreement,
or any subcontractor or subgrantee under such contract, grant,
or cooperative agreement to the extent necessary to ensure that
funds available under the contract, grant, or cooperative
agreement--
(A) are not subject to extortion or corruption; and
(B) are not provided directly or indirectly to
persons or entities that are actively supporting an
insurgency or otherwise actively opposing United States
or coalition forces in a contingency operation.
(3) Written determination.--The authority to examine records
pursuant to the contract clause described in paragraph (2) may
be exercised only upon a written determination by the
contracting officer or comparable official responsible for a
grant or cooperative agreement, upon a finding by the Commander
of the United States Central Command, that there is reason to
believe that funds available under the contract, grant, or
cooperative agreement concerned may have been subject to
extortion or corruption or may have been provided directly or
indirectly to persons or entities that are actively supporting
an insurgency or otherwise actively opposing United States or
coalition forces in a contingency operation.
(4) Flowdown.--A clause described in paragraph (2) shall
also be required in any subcontract or subgrant under a covered
contract, grant, or cooperative agreement if the subcontract or
subgrant has an estimated value in excess of $100,000.
[[Page 125 STAT. 1514]]
(b) Reports.--Not later than March 1 of each of 2013, 2014, and
2015, the Secretary shall submit to the congressional defense committees
a report on the use of the authority provided by this section in the
preceding calendar year. Each report shall identify, for the calendar
year covered by such report, each instance in which the Department of
Defense exercised the authority provided under this section to examine
records, explain the basis for the action taken, and summarize the
results of any examination of records so undertaken, Any report under
this subsection may be submitted in classified form.
(c) Definitions.--In this section:
(1) The term ``contingency operation'' has the meaning given
that term in section 101(a)(13) of title 10, United States Code.
(2) The term ``covered contract, grant, or cooperative
agreement'' means a contract, grant, or cooperative agreement
with an estimated value in excess of $100,000 that will be
performed in the United States Central Command theater of
operations in support of a contingency operation.
(d) Sunset.--
(1) In general.--The clause described by subsection (a)(2)
shall not be required in any contract, grant, or cooperative
agreement that is awarded after the date that is three years
after the date of the enactment of this Act.
(2) Continuing effect of clauses included before sunset.--
Any clause described by subsection (a)(2) that is included in a
contract, grant, or cooperative agreement pursuant to this
section before the date specified in paragraph (1) shall remain
in effect in accordance with its terms.
SEC. 843. <<NOTE: 10 USC 2302 note.>> REACH-BACK CONTRACTING
AUTHORITY FOR OPERATION ENDURING FREEDOM
AND OPERATION NEW DAWN.
(a) Authority To Designate Lead Contracting Activity.--The Under
Secretary of Defense for Acquisition, Technology, and Logistics may
designate a single contracting activity inside the United States to act
as the lead contracting activity with authority for use of domestic
capabilities in support of overseas contracting for Operation Enduring
Freedom and Operation New Dawn. The contracting activity so designated
shall be known as the ``lead reach-back contracting authority'' for such
operations.
(b) Limited Authority for Use of Outside-the-United-States-
thresholds.--The head of the contracting authority designated pursuant
to subsection (a) may, when awarding a contract inside the United States
for performance in the theater of operations for Operation Enduring
Freedom or Operation New Dawn, use the overseas increased micro-purchase
threshold and the overseas increased simplified acquisition threshold in
the same manner and to the same extent as if the contract were to be
awarded and performed outside the United States.
(c) Definitions.--In this section:
(1) The term ``overseas increased micro-purchase threshold''
means the amount specified in paragraph (1)(B) of section
1903(b) of title 41, United States Code.
(2) The term ``overseas increased simplified acquisition
threshold'' means the amount specified in paragraph (2)(B) of
section 1903(b) of title 41, United States Code.
[[Page 125 STAT. 1515]]
SEC. 844. <<NOTE: 10 USC 2302 note.>> COMPETITION AND REVIEW OF
CONTRACTS FOR PROPERTY OR SERVICES IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Contracting Goals.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) establish goals for competition in contracts awarded by
the Secretary of Defense for the procurement of property or
services to be used outside the United States in support of a
contingency operation; and
(2) <<NOTE: Procedures.>> develop processes by which to
measure and monitor such competition, including in task-order
categories for services, construction, and supplies.
(b) Annual Review of Certain Contracts.--For each year the Logistics
Civil Augmentation Program contract, or other similar omnibus contract
awarded by the Secretary of Defense for the procurement of property or
services to be used outside the United States in support of a
contingency operation, is in force, the Secretary shall require a
competition advocate of the Department of Defense to conduct an annual
review of each such contract.
(c) Annual Report on Contracting in Iraq and Afghanistan.-- Section
863(a)(2) of the National Defense Authorization Act for Fiscal Year 2008
(110-181; 10 U.S.C. 2302 note) is amended--
(1) by redesignating subparagraphs (F) through (H) as
subparagraphs (G) through (I), respectively; and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F) Percentage of contracts awarded on a
competitive basis as compared to established goals for
competition in contingency contracting actions.''.
SEC. 845. <<NOTE: 10 USC 2302 note.>> INCLUSION OF ASSOCIATED
SUPPORT SERVICES IN RAPID ACQUISITION AND
DEPLOYMENT PROCEDURES FOR SUPPLIES.
(a) Inclusion.--Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended
by striking ``supplies'' each place it appears (other than subsections
(a)(1)(B) and (f)) and inserting ``supplies and associated support
services''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(g) Associated Support Services Defined.--In this section, the
term `associated support services' means training, operation,
maintenance, and support services needed in connection with the
deployment of supplies to be acquired pursuant to the authority of this
section. The term does not include functions that are inherently
governmental or otherwise exempted from private sector performance.''.
(c) Limitation on Availability of Authority.--
The <<NOTE: Certification.>> authority to acquire associated support
services pursuant to section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003, as amended by this section,
shall not take effect until the Secretary of Defense certifies to the
congressional defense committees that the Secretary has developed and
implemented an expedited review process in compliance with the
requirements of section 804 of the Ike Skelton National Defense
Authorization Act for
[[Page 125 STAT. 1516]]
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4256; 10 U.S.C. 2302
note).
SEC. 846. JOINT URGENT OPERATIONAL NEEDS FUND TO RAPIDLY MEET
URGENT OPERATIONAL NEEDS.
(a) Establishment of Fund.--
(1) In general.--Chapter 131 of title 10, United States
Code, is amended by inserting after section 2216 the following
new section:
``Sec. 2216a. Rapidly meeting urgent needs: Joint Urgent
Operational Needs Fund
``(a) Establishment.--There is established in the Treasury an
account to be known as the `Joint Urgent Operational Needs Fund' (in
this section referred to as the `Fund').
``(b) Elements.--The Fund shall consist of the following:
``(1) Amounts appropriated to the Fund.
``(2) Amounts transferred to the Fund.
``(3) Any other amounts made available to the Fund by law.
``(c) Use of Funds.--(1) Amounts in the Fund shall be available to
the Secretary of Defense for capabilities that are determined by the
Secretary, pursuant to the review process required by section 804(b) of
the Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(10 U.S.C. 2302 note), to be suitable for rapid fielding in response to
urgent operational needs.
``(2) <<NOTE: Procedures.>> The Secretary shall establish a merit-
based process for identifying equipment, supplies, services, training,
and facilities suitable for funding through the Fund.
``(3) Nothing in this section shall be interpreted to require or
enable any official of the Department of Defense to provide funding
under this section pursuant to a congressional earmark, as defined in
clause 9 of Rule XXI of the Rules of the House of Representatives, or a
congressionally directed spending item, as defined in paragraph 5 of
Rule XLIV of the Standing Rules of the Senate.
``(d) Transfer Authority.--(1) Amounts in the Fund may be
transferred by the Secretary of Defense from the Fund to any of the
following accounts of the Department of Defense to accomplish the
purpose stated in subsection (c):
``(A) Operation and maintenance accounts.
``(B) Procurement accounts.
``(C) Research, development, test, and evaluation accounts.
``(2) Upon determination by the Secretary that all or part of the
amounts transferred from the Fund under paragraph (1) are not necessary
for the purpose for which transferred, such amounts may be transferred
back to the Fund.
``(3) The transfer of an amount to an account under the authority in
paragraph (1) shall be deemed to increase the amount authorized for such
account by an amount equal to the amount so transferred.
``(4) The transfer authority provided by paragraphs (1) and (2) is
in addition to any other transfer authority available to the Department
of Defense by law.
``(e) Sunset.--The authority to make expenditures or transfers from
the Fund shall expire on the last day of the third fiscal
[[Page 125 STAT. 1517]]
year that begins after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2012.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 131 of such title is amended by inserting
after the item relating to section 2216 the following new item:
``2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs
Fund.''.
(b) <<NOTE: 10 USC 2216a note. Certification.>> Limitation on
Commencement of Expenditures From Fund.--No expenditure may be made from
the Joint Urgent Operational Needs Fund established by section 2216a of
title 10, United States Code (as added by subsection (a)), until the
Secretary of Defense certifies to the congressional defense committees
that the Secretary has developed and implemented an expedited review
process in compliance with the requirements of section 804 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4256; 10 U.S.C. 2302 note).
Subtitle E--Defense Industrial Base Matters
SEC. 851. ASSESSMENT OF THE DEFENSE INDUSTRIAL BASE PILOT PROGRAM.
(a) Report.--Not later than March 1, 2012, the Secretary of Defense
shall submit to the congressional defense committees a report on the
defense industrial base pilot program of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) A quantitative and qualitative analysis of the
effectiveness of the defense industrial base pilot program.
(2) An assessment of the legal, policy, or regulatory
challenges associated with effectively executing the pilot
program.
(3) Recommendations for changes to the legal, policy, or
regulatory framework for the pilot program to make it more
effective.
(4) A description of any plans to expand the pilot program,
including to other sectors beyond the defense industrial base.
(5) An assessment of the potential legal, policy, or
regulatory challenges associated with expanding the pilot
program.
(6) Any other matters the Secretary considers appropriate.
(c) Form.--The report required under this section shall be submitted
in unclassified form, but may include a classified annex.
SEC. 852. <<NOTE: 10 USC 2504 note.>> STRATEGY FOR SECURING THE
DEFENSE SUPPLY CHAIN AND INDUSTRIAL BASE.
(a) Report Required.--The Secretary of Defense shall ensure that the
annual report to Congress on the defense industrial base submitted for
fiscal year 2012 pursuant to section 2504 of title 10, United States
Code, includes a description of, and a status report on, the sector-by-
sector, tier-by-tier assessment of the industrial base undertaken by the
Department of Defense.
(b) Contents of Report.--The report required by subsection (a) shall
include, at a minimum, a description of the steps taken and planned to
be taken--
[[Page 125 STAT. 1518]]
(1) to identify current and emerging sectors of the defense
industrial base that are critical to the national security of
the United States;
(2) in each sector, to identify items that are critical to
military readiness, including key components, subcomponents, and
materials;
(3) to examine the structure of the industrial base,
including the competitive landscape, relationships, risks, and
opportunities within that structure;
(4) to map the supply chain for critical items identified
under paragraph (2) in a manner that provides the Department of
Defense visibility from raw material to final products;
(5) to perform a risk assessment of the supply chain for
such critical items and conduct an evaluation of the extent to
which--
(A) the supply chain for such items is subject to
disruption by factors outside the control of the
Department of Defense; and
(B) such disruption would adversely affect the
ability of the Department of Defense to fill its
national security mission.
(c) Strategy Required.--Based on the findings from the sector-by-
sector, tier-by-tier assessment, as described in the report required by
subsection (a), the Secretary of Defense shall develop a defense supply
chain and industrial base strategy to ensure the continued availability
of items that are determined by the Secretary to be critical to military
readiness and to be subject to significant supply chain risk. The
strategy shall be based on a prioritized assessment of risks and
challenges to the defense supply chain and industrial base and shall, at
a minimum, address--
(1) mitigation strategies needed to address any gaps or
vulnerabilities in the relevant sectors of the defense
industrial base;
(2) the need for timely mobilization and capacity in such
sectors of the defense industrial base; and
(3) any other steps needed to foster and safeguard such
sectors of the defense industrial base.
(d) Follow-up Review.--The Secretary of Defense shall ensure that
the annual report to Congress on the defense industrial base submitted
for each of fiscal years 2013, 2014, and 2015 includes an update on the
steps taken by the Department of Defense to act on the findings of the
sector-by-sector, tier-by-tier assessment of the industrial base and
implement the strategy required by subsection (c). Such updates shall,
at a minimum--
(1) be conducted based on current mapping of the supply
chain and industrial base structure, including an analysis of
the competitive landscape, relationships, risks, and
opportunities within that structure; and
(2) take into account any changes or updates to the National
Defense Strategy, National Military Strategy, national
counterterrorism policy, homeland security policy, and
applicable operational or contingency plans.
[[Page 125 STAT. 1519]]
SEC. 853. ASSESSMENT OF FEASABILITY AND ADVISABILITY OF
ESTABLISHMENT OF RARE EARTH MATERIAL
INVENTORY.
(a) Requirement.--Not <<NOTE: Deadline.>> later than 180 days after
the date of the enactment of this Act, the Administrator of the Defense
Logistics Agency Strategic Materials shall submit to the Secretary of
Defense an assessment of the feasibility and advisability of
establishing an inventory of rare earth materials necessary to ensure
the long-term availability of such rare earth materials. The assessment
shall--
(1) identify and describe the steps necessary to create an
inventory of rare earth materials, including oxides, metals,
alloys, and magnets, to support national defense requirements
and ensure reliable sources of such materials for defense
purposes;
(2) provide a detailed cost-benefit analysis of creating
such an inventory in accordance with Office of Management and
Budget Circular A-94;
(3) provide an analysis of the potential market effects,
including effects on the pricing and commercial availability of
such rare earth materials, associated with creating such an
inventory;
(4) identify and describe the mechanisms available to the
Administrator to make such an inventory accessible, including by
purchase, to entities requiring such rare earth materials to
support national defense requirements, including producers of
end items containing rare earth materials;
(5) provide a detailed explanation of the ability of the
Administrator to authorize the sale of excess materials to
support a Rare Earth Material Stockpile Inventory Program;
(6) analyze any potential requirements to amend or revise
the Defense Logistics Agency Strategic Materials Annual Material
Plan for Fiscal Year 2012 and subsequent years to reflect an
inventory of rare earth materials to support national defense
requirements;
(7) identify and describe the steps necessary to develop or
maintain a competitive, multi-source supply-chain to avoid
reliance on a single source of supply;
(8) identify and describe supply sources considered by the
Administrator to be reliable, including an analysis of the
capabilities of such sources to produce such materials in forms
required for military applications in the next five years, as
well as the security of upstream supply for these sources of
material; and
(9) include such other considerations and recommendations as
necessary to support the establishment of such inventory.
(b) Findings and Recommendations.--
(1) In general.--Not <<NOTE: Deadline.>> later than 90 days
after the date on which the assessment is submitted under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees--
(A) the findings and recommendations from the
assessment required under subsection (a);
(B) a description of any actions the Secretary
intends to take regarding the plans, strategies,
policies, regulations, or resourcing of the Department
of Defense as a result of the findings and
recommendations from such assessment; and
[[Page 125 STAT. 1520]]
(C) any recommendations for legislative or
regulatory changes needed to ensure the long-term
availability of such rare earth materials.
(c) Definitions.--In this section:
(1) The term ``rare earth'' means any of the following
chemical elements in any of their physical forms or chemical
combinations and alloys:
(A) Scandium.
(B) Yttrium.
(C) Lanthanum.
(D) Cerium.
(E) Praseodymium.
(F) Neodymium.
(G) Promethium.
(H) Samarium.
(I) Europium.
(J) Gadolinium.
(K) Terbium.
(L) Dysprosium.
(M) Holmium.
(N) Erbium.
(O) Thulium.
(P) Ytterbium.
(Q) Lutetium.
(2) The term ``capability'' means the required facilities,
manpower, technological knowledge, and intellectual property
necessary for the efficient and effective production of rare
earth materials.
SEC. 854. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL BASE FOR
NIGHT VISION IMAGE INTENSIFICATION
SENSORS.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall undertake an assessment of
the current and long-term availability within the United States and
international industrial base of critical equipment, components,
subcomponents, and materials (including, but not limited to, lenses,
tubes, and electronics) needed to support current and future United
States military requirements for night vision image intensification
sensors. In carrying out the assessment, the Secretary shall--
(1) identify items in connection with night vision image
intensification sensors that the Secretary determines are
critical to military readiness, including key components,
subcomponents, and materials;
(2) describe and perform a risk assessment of the supply
chain for items identified under paragraph (1) and evaluate the
extent to which--
(A) the supply chain for such items could be
disrupted by a loss of industrial capability in the
United States; and
(B) the industrial base obtains such items from
foreign sources;
(3) describe and assess current and future investment, gaps,
and vulnerabilities in the ability of the Department to respond
to the potential loss of domestic or international sources that
provide items identified under paragraph (1); and
[[Page 125 STAT. 1521]]
(4) identify and assess current strategies to leverage
innovative night vision image intensification technologies being
pursued in both Department of Defense laboratories and the
private sector for the next generation of night vision
capabilities, including an assessment of the competitiveness and
technological advantages of the United States night vision image
intensification industrial base.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
containing the results of the assessment required under subsection (a).
SEC. 855. TECHNICAL AMENDMENT RELATING TO RESPONSIBILITIES OF
DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR
MANUFACTURING AND INDUSTRIAL BASE POLICY.
Section 139e(b)(12) of title 10, United States Code, is amended by
striking ``titles I and II'' and inserting ``titles I and III''.
Subtitle F--Other Matters
SEC. 861. CLARIFICATION OF JURISDICTION OF THE UNITED STATES
DISTRICT COURTS TO HEAR BID PROTEST
DISPUTES INVOLVING MARITIME CONTRACTS.
(a) Exclusive Jurisdiction.--Section 1491(b) of title 28, United
States Code, is amended by adding at the end the following new
paragraph:
``(6) Jurisdiction over any action described in paragraph
(1) arising out of a maritime contract, or a solicitation for a
proposed maritime contract, shall be governed by this section
and shall not be subject to the jurisdiction of the district
courts of the United States under the Suits in Admiralty Act
(chapter 309 of title 46) or the Public Vessels Act (chapter 311
of title 46).''.
(b) <<NOTE: Applicability. 28 USC 1491 note.>> Effective Date.--The
amendment made by subsection (a) shall apply to any cause of action
filed on or after the first day of the first month beginning more than
30 days after the date of the enactment of this Act.
SEC. 862. <<NOTE: 10 USC note prec. 2191.>> ENCOURAGEMENT OF
CONTRACTOR SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATH (STEM) PROGRAMS.
(a) In General.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall develop programs and incentives to
ensure that Department of Defense contractors take appropriate steps
to--
(1) enhance undergraduate, graduate, and doctoral programs
in science, technology, engineering and math (in this section
referred to as ``STEM'' disciplines);
(2) make investments, such as programming and curriculum
development, in STEM programs within elementary and secondary
schools;
(3) encourage employees to volunteer in Title I schools in
order to enhance STEM education and programs;
(4) make personnel available to advise and assist faculty at
such colleges and universities in the performance of STEM
research and disciplines critical to the functions of the
Department of Defense;
[[Page 125 STAT. 1522]]
(5) establish partnerships between the offeror and
historically Black colleges and universities and minority
institutions for the purpose of training students in scientific
disciplines;
(6) award scholarships and fellowships, and establish
cooperative work-education programs in scientific disciplines;
or
(7) conduct recruitment activities at historically black
colleges and universities and other minority-serving
institutions or offer internships or apprenticeships.
(b) Implementation.--Not <<NOTE: Deadline. Reports.>> later than
270 days after the date of the enactment of this Act, the Under
Secretary shall submit to the congressional defense committees a report
on the steps taken to implement the requirements of this section.
SEC. 863. SENSE OF CONGRESS AND REPORT ON AUTHORITIES AVAILABLE TO
THE DEPARTMENT OF DEFENSE FOR MULTIYEAR
CONTRACTS FOR THE PURCHASE OF ALTERNATIVE
FUELS.
(a) Findings.--Congress makes the following findings:
(1) The procurement of alternative fuels by the Department
of Defense through the use of long-term contracts can provide
stability for industry, which could attract investment needed to
develop alternative fuel sources.
(2) In appropriate circumstances, and with appropriate
protections, the use of long-term contracts for alternative
fuels can be in the best interest of the Department if the costs
of these contracts are competitive with other fuel contracts.
(3) The Department has asked for the authority to enter into
long-term contracts for alternative fuels.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should continue to pursue long-term contracting
authority for alternative fuels, as well as traditional fuels, if the
contracts will satisfy military requirements and result in equal or less
cost to the Department over their duration.
(c) Report.--Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the authorities currently available to
the Department of Defense for multiyear contracts for the purchase of
alternative fuels, including advanced biofuels. The report shall include
a description of such additional authorities, if any, as the Secretary
considers appropriate to authorize the Department to enter into
contracts for the purchase of alternative fuels, including advanced
biofuels, of sufficient length to reduce the impact to the Department of
future price or supply shocks in the petroleum market, to benefit
taxpayers, and to reduce United States dependence on foreign oil.
SEC. 864. ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Workforce Improvements.--Section 1704(b) of title 41, United
States Code, is amended--
(1) by inserting after the first sentence the following:
``The Associate Administrator shall be chosen on the basis of
demonstrated knowledge and expertise in acquisition, human
capital, and management.'';
(2) by striking ``The Associate Administrator for
Acquisition Workforce Programs shall be located in the Federal
Acquisition Institute (or its successor).'' and inserting ``The
Associate Administrator shall be located in the Office of
Federal Procurement Policy.'';
[[Page 125 STAT. 1523]]
(3) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(4) by redesignating paragraph (5) as paragraph (6); and
(5) by inserting after paragraph (4) the following new
paragraph:
``(5) implementing workforce programs under subsections (f)
through (l) of section 1703 of this title; and''.
(b) Federal Acquisition Institute.--
(1) In general.--Division B of subtitle I of title 41,
United States Code, is amended by inserting after chapter 11 the
following new chapter:
``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE
``Sec.
``1201. Federal Acquisition Institute.
``Sec. 1201. Federal Acquisition Institute
``(a) In General.--There <<NOTE: Establishment.>> is established a
Federal Acquisition Institute (FAI) in order to--
``(1) foster and promote the development of a professional
acquisition workforce Government-wide;
``(2) promote and coordinate Government-wide research and
studies to improve the procurement process and the laws,
policies, methods, regulations, procedures, and forms relating
to acquisition by the executive agencies;
``(3) collect data and analyze acquisition workforce data
from the Office of Personnel Management, the heads of executive
agencies, and, through periodic surveys, from individual
employees;
``(4) periodically analyze acquisition career fields to
identify critical competencies, duties, tasks, and related
academic prerequisites, skills, and knowledge;
``(5) coordinate and assist agencies in identifying and
recruiting highly qualified candidates for acquisition fields;
``(6) develop instructional materials for acquisition
personnel in coordination with private and public acquisition
colleges and training facilities;
``(7) evaluate the effectiveness of training and career
development programs for acquisition personnel;
``(8) promote the establishment and utilization of academic
programs by colleges and universities in acquisition fields;
``(9) facilitate, to the extent requested by agencies,
interagency intern and training programs;
``(10) collaborate with other civilian agency acquisition
training programs to leverage training supporting all members of
the civilian agency acquisition workforce;
``(11) assist civilian agencies with their acquisition and
capital planning efforts; and
``(12) perform other career management or research functions
as directed by the Administrator.
``(b) Budget Resources and Authority.--
``(1) In general.--The <<NOTE: Recommenda- tions.>>
Administrator shall recommend to the Administrator of General
Services sufficient budget resources and authority for the
Federal Acquisition Institute
[[Page 125 STAT. 1524]]
to support Government-wide training standards and certification
requirements necessary to enhance the mobility and career
opportunities of the Federal acquisition workforce.
``(2) Acquisition workforce training fund.--Subject to the
availability of funds, the Administrator of General Services
shall provide the Federal Acquisition Institute with amounts
from the acquisition workforce training fund established under
section 1703(i) of this title sufficient to meet the annual
budget for the Federal Acquisition Institute requested by the
Administrator under paragraph (1).
``(c) Federal Acquisition Institute Board of Directors.--
``(1) Reporting to administrator.--The Federal Acquisition
Institute shall report through its Board of Directors directly
to the Administrator.
``(2) Composition.--The Board shall be composed of not more
than 8 individuals from the Federal Government representing a
mix of acquisition functional areas, all of whom shall be
appointed by the Administrator.
``(3) Duties.--The Board shall provide general direction to
the Federal Acquisition Institute to ensure that the Institute--
``(A) meets its statutory requirements;
``(B) meets the needs of the Federal acquisition
workforce;
``(C) implements appropriate programs;
``(D) coordinates with appropriate organizations and
groups that have an impact on the Federal acquisition
workforce;
``(E) develops and implements plans to meet future
challenges of the Federal acquisition workforce; and
``(F) works closely with the Defense Acquisition
University.
``(4) Recommendations.--The Board shall make recommendations
to the Administrator regarding the development and execution of
the annual budget of the Federal Acquisition Institute.
``(d) <<NOTE: Appointment.>> Director.--The Director of the Federal
Acquisition Institute shall be appointed by, be subject to the direction
and control of, and report directly to the Administrator.
``(e) Annual Report.--The Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate and the Committee on Oversight
and Government Reform and the Committee on Appropriations of the House
of Representatives an annual report on the projected budget needs and
expense plans of the Federal Acquisition Institute to fulfill its
mandate.''.
(2) Clerical amendment.--The table of contents at the
beginning of subtitle I of such title is amended by inserting
after the item relating to chapter 11 the following new item:
``12. Federal Acquisition Institute.............................1201.''.
(3) Conforming amendment.--Paragraph (5) of section 1122(a)
of such title is amended to read as follows:
``(5) providing for and directing the activities of the
Federal Acquisition Institute established under section 1201 of
this title, including recommending to the Administrator of
General Services a sufficient budget for such activities.''.
[[Page 125 STAT. 1525]]
(c) Government-Wide Training Standards and Certification.--Section
1703 of such title is amended--
(1) in subsection (c)(2)--
(A) by striking ``The Administrator shall'' and
inserting the following:
``(A) In general.--The Administrator shall''; and
(B) by adding at the end the following:
``(B) Government-wide training standards and
certification.--The Administrator, acting through the
Federal Acquisition Institute, shall provide and update
government-wide training standards and certification
requirements, including--
``(i) developing and modifying acquisition
certification programs;
``(ii) ensuring quality assurance for agency
implementation of government-wide training and
certification standards;
``(iii) analyzing the acquisition training
curriculum to ascertain if all certification
competencies are covered or if adjustments are
necessary;
``(iv) developing career path information for
certified professionals to encourage retention in
government positions;
``(v) coordinating with the Office of
Personnel Management for human capital efforts;
and
``(vi) managing rotation assignments to
support opportunities to apply skills included in
certification.''; and
(2) by adding at the end the following new subsection:
``(l) Acquisition Internship and Training Programs.--
All <<NOTE: Guidelines.>> Federal civilian agency acquisition
internship or acquisition training programs shall follow guidelines
provided by the Office of Federal Procurement Policy to ensure
consistent training standards necessary to develop uniform core
competencies throughout the Federal Government.''.
(d) Expanded Scope of Acquisition Workforce Training Fund.--Section
1703(i) of such title is amended--
(1) in paragraph (2), by striking ``to support the training
of the acquisition workforce of the executive agencies'' and
inserting ``to support the activities set forth in section
1201(a) of this title''; and
(2) in paragraph (6), by striking ``ensure that amounts
collected for training under this subsection are not used for a
purpose other than the purpose specified in paragraph (2)'' and
inserting ``ensure that amounts collected under this section are
not used for a purpose other than the activities set forth in
section 1201(a) of this title''.
(e) <<NOTE: 41 USC 1201 note.>> Rule of Construction.--Nothing in
this section, or the amendments made by this section, shall be construed
to preclude the Secretary of Defense from establishing acquisition
workforce policies, procedures, training standards, and certification
requirements for acquisition positions in the Department of Defense, as
provided in chapter 87 of title 10, United States Code.
[[Page 125 STAT. 1526]]
SEC. 865. MODIFICATION OF DELEGATION OF AUTHORITY TO MAKE
DETERMINATIONS ON ENTRY INTO COOPERATIVE
RESEARCH AND DEVELOPMENT AGREEMENTS WITH
NATO AND OTHER FRIENDLY ORGANIZATIONS AND
COUNTRIES.
Section 2350a(b)(2) of title 10, United States Code, is amended by
striking ``and to one other official of the Department of Defense'' and
inserting ``, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, and the Assistant Secretary of Defense for
Research and Engineering''.
SEC. 866. THREE-YEAR EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS
SUBCONTRACTING PLANS.
(a) Three-year Extension.--Subsection (e) of section 834 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking ``September 30, 2011'' and
inserting ``December 31, 2014''.
(b) Additional Report.--Subsection (f) of such section is amended by
inserting ``and March 1, 2012,'' after ``March 1, 1994,''.
SEC. 867. FIVE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE MENTOR-
PROTEGE PROGRAM.
Section 831(j) of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note) is amended--
(1) in paragraph (1), by striking ``September 30, 2010'' and
inserting ``September 30, 2015''; and
(2) in paragraph (2), by striking ``September 30, 2013'' and
inserting ``September 30, 2018''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Revision of defense business systems requirements.
Sec. 902. Qualifications for appointments to the position of Deputy
Secretary of Defense.
Sec. 903. Designation of Department of Defense senior official with
principal responsibility for airship programs.
Sec. 904. Memoranda of agreement on identification and dedication of
enabling capabilities of general purpose forces to fulfill
certain requirements of special operations forces.
Sec. 905. Assessment of Department of Defense access to non-United
States citizens with scientific and technical expertise vital
to the national security interests.
Sec. 906. Sense of Congress on use of modeling and simulation in
Department of Defense activities.
Sec. 907. Sense of Congress on ties between Joint Warfighting and
Coalition Center and Allied Command Transformation of NATO.
Sec. 908. Report on effects of planned reductions of personnel at the
Joint Warfare Analysis Center on personnel skills.
Subtitle B--Space Activities
Sec. 911. Harmful interference to Department of Defense Global
Positioning System.
Sec. 912. Authority to designate increments or blocks of satellites as
major subprograms subject to acquisition reporting
requirements.
Subtitle C--Intelligence-Related Matters
Sec. 921. Report on implementation of recommendations by the Comptroller
General on intelligence information sharing.
Sec. 922. Insider threat detection.
[[Page 125 STAT. 1527]]
Sec. 923. Expansion of authority for exchanges of mapping, charting, and
geodetic data to include nongovernmental organizations and
academic institutions.
Sec. 924. Ozone Widget Framework.
Sec. 925. Plan for incorporation of enterprise query and correlation
capability into the Defense Intelligence Information
Enterprise.
Sec. 926. Facilities for intelligence collection or special operations
activities abroad.
Subtitle D--Total Force Management
Sec. 931. General policy for total force management.
Sec. 932. Revisions to Department of Defense civilian personnel
management constraints.
Sec. 933. Additional amendments relating to total force management.
Sec. 934. Modifications of annual defense manpower requirements report.
Sec. 935. Revisions to strategic workforce plan.
Sec. 936. Amendments to requirement for inventory of contracts for
services.
Sec. 937. Preliminary planning and duration of public-private
competitions.
Sec. 938. Conversion of certain functions from contractor performance to
performance by Department of Defense civilian employees.
Subtitle E--Quadrennial Roles and Missions and Related Matters
Sec. 941. Chairman of the Joint Chiefs of Staff assessment of
contingency plans.
Sec. 942. Quadrennial defense review.
Subtitle F--Other Matters
Sec. 951. Activities to improve multilateral, bilateral, and regional
cooperation regarding cybersecurity.
Sec. 952. Report on United States Special Operations Command structure.
Sec. 953. Strategy to acquire capabilities to detect previously unknown
cyber attacks.
Sec. 954. Military activities in cyberspace.
Subtitle A--Department of Defense Management
SEC. 901. REVISION OF DEFENSE BUSINESS SYSTEMS REQUIREMENTS.
Section 2222 of title 10, United States Code, is amended to read as
follows:
``Sec. 2222. Defense business systems: architecture,
accountability, and modernization
``(a) <<NOTE: Certification.>> Conditions for Obligation of Funds
for Covered Defense Business System Programs.--Funds available to the
Department of Defense, whether appropriated or non-appropriated, may not
be obligated for a defense business system program that will have a
total cost in excess of $1,000,000 over the period of the current
future-years defense program submitted to Congress under section 221 of
this title unless--
``(1) the appropriate pre-certification authority for the
covered defense business system program has determined that--
``(A) the defense business system program is in
compliance with the enterprise architecture developed
under subsection (c) and appropriate business process
re-engineering efforts have been undertaken to ensure
that--
``(i) the business process supported by the
defense business system program is or will be as
streamlined and efficient as practicable; and
``(ii) the need to tailor commercial-off-the-
shelf systems to meet unique requirements or
incorporate unique requirements or incorporate
unique interfaces has been eliminated or reduced
to the maximum extent practicable;
[[Page 125 STAT. 1528]]
``(B) the defense business system program is
necessary to achieve a critical national security
capability or address a critical requirement in an area
such as safety or security; or
``(C) the defense business system program is
necessary to prevent a significant adverse effect on a
project that is needed to achieve an essential
capability, taking into consideration the alternative
solutions for preventing such adverse effect;
``(2) the covered defense business system program has been
reviewed and certified by the investment review board
established under subsection (g); and
``(3) the certification of the investment review board under
paragraph (2) has been approved by the Defense Business Systems
Management Committee established by section 186 of this title.
``(b) Obligation of Funds in Violation of Requirements.--The
obligation of Department of Defense funds for a covered defense business
system program that has not been certified and approved in accordance
with subsection (a) is a violation of section 1341(a)(1)(A) of title 31.
``(c) Enterprise Architecture for Defense Business Systems.--(1) The
Secretary of Defense, acting through the Defense Business Systems
Management Committee, shall develop--
``(A) an enterprise architecture, known as the defense
business enterprise architecture, to cover all defense business
systems, and the functions and activities supported by defense
business systems, which shall be sufficiently defined to
effectively guide, constrain, and permit implementation of
interoperable defense business system solutions and consistent
with the policies and procedures established by the Director of
the Office of Management and Budget; and
``(B) <<NOTE: Transition plan.>> a transition plan for
implementing the defense business enterprise architecture.
``(2) <<NOTE: Delegation.>> The Secretary of Defense shall delegate
responsibility and accountability for the defense business enterprise
architecture content, including unambiguous definitions of functional
processes, business rules, and standards, as follows:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall be responsible and accountable
for the content of those portions of the defense business
enterprise architecture that support acquisition, logistics,
installations, environment, or safety and occupational health
activities of the Department of Defense.
``(B) The Under Secretary of Defense (Comptroller) shall be
responsible and accountable for the content of those portions of
the defense business enterprise architecture that support
financial management activities or strategic planning and
budgeting activities of the Department of Defense.
``(C) The Under Secretary of Defense for Personnel and
Readiness shall be responsible and accountable for the content
of those portions of the defense business enterprise
architecture that support human resource management activities
of the Department of Defense.
``(D) The Chief Information Officer of the Department of
Defense shall be responsible and accountable for the content of
those portions of the defense business enterprise architecture
[[Page 125 STAT. 1529]]
that support information technology infrastructure or
information assurance activities of the Department of Defense.
``(E) The Deputy Chief Management Officer of the Department
of Defense shall be responsible and accountable for developing
and maintaining the defense business enterprise architecture as
well as integrating business operations covered by subparagraphs
(A) through (D).
``(d) Composition of Enterprise Architecture.--The defense business
enterprise architecture developed under subsection (c)(1)(A) shall
include the following:
``(1) An information infrastructure that, at a minimum,
would enable the Department of Defense to--
``(A) comply with all applicable law, including
Federal accounting, financial management, and reporting
requirements;
``(B) routinely produce timely, accurate, and
reliable business and financial information for
management purposes;
``(C) integrate budget, accounting, and program
information and systems; and
``(D) provide for the systematic measurement of
performance, including the ability to produce timely,
relevant, and reliable cost information.
``(2) Policies, procedures, data standards, performance
measures, and system interface requirements that are to apply
uniformly throughout the Department of Defense.
``(3) A target defense business systems computing
environment, compliant with the defense business enterprise
architecture, for each of the major business processes conducted
by the Department of Defense, as determined by the Chief
Management Officer of the Department of Defense.
``(e) Composition of Transition Plan.--The transition plan developed
under subsection (c)(1)(B) shall include the following:
``(1) A listing of the new systems that are expected to be
needed to complete the defense business enterprise architecture,
along with each system's time-phased milestones, performance
measures, financial resource needs, and risks or challenges to
integration into the business enterprise architecture.
``(2) A listing of the defense business systems existing as
of September 30, 2011 (known as `legacy systems') that will not
be part of the defense business enterprise architecture,
together with the schedule for terminating those legacy systems
that provides for reducing the use of those legacy systems in
phases.
``(3) A listing of the legacy systems (referred to in
subparagraph (B)) that will be a part of the target defense
business systems computing environment described in subsection
(d)(3), together with a strategy for making the modifications to
those systems that will be needed to ensure that such systems
comply with the defense business enterprise architecture,
including time-phased milestones, performance measures, and
financial resource needs.
``(f) Designation of Appropriate Pre-certification Authorities and
Senior Officials.--(1) For purposes of subsections (a) and (g), the
appropriate pre-certification authority for a defense business system
program is as follows:
[[Page 125 STAT. 1530]]
``(A) In the case of an Army program, the Chief Management
Officer of the Army.
``(B) In the case of a Navy program, the Chief Management
Officer of the Navy.
``(C) In the case of an Air Force program, the Chief
Management Officer of the Air Force.
``(D) In the case of a program of a Defense Agency, the
Director, or equivalent, of such Defense Agency, unless
otherwise approved by the Deputy Chief Management Officer of the
Department of Defense.
``(E) In the case of a program that will support the
business processes of more than one military department or
Defense Agency, an appropriate pre-certification authority
designated by the Deputy Chief Management Officer of the
Department of Defense.
``(2) For purposes of subsection (g), the appropriate senior
official of the Department of Defense for the functions and activities
supported by a covered defense business system is as follows:
``(A) The Under Secretary of Defense for Acquisition,
Technology, and Logistics, in the case of any defense business
system the primary purpose of which is to support acquisition,
logistics, installations, environment, or safety and
occupational health activities of the Department of Defense.
``(B) The Under Secretary of Defense (Comptroller), in the
case of any defense business system the primary purpose of which
is to support financial management activities or strategic
planning and budgeting activities of the Department of Defense.
``(C) The Under Secretary of Defense for Personnel and
Readiness, in the case of any defense business system the
primary purpose of which is to support human resource management
activities of the Department of Defense.
``(D) The Chief Information Officer of the Department of
Defense, in the case of any defense business system the primary
purpose of which is to support information technology
infrastructure or information assurance activities of the
Department of Defense.
``(E) The Deputy Chief Management Officer of the Department
of Defense, in the case of any defense business system the
primary purpose of which is to support any activity of the
Department of Defense not covered by subparagraphs (A) through
(D).
``(g) Defense Business System Investment Review.--
(1) <<NOTE: Deadline. Establishment. Certification.>> The Secretary of
Defense shall require the Deputy Chief Management Officer of the
Department of Defense, not later than March 15, 2012, to establish an
investment review board and investment management process, consistent
with section 11312 of title 40, to review and certify the planning,
design, acquisition, development, deployment, operation, maintenance,
modernization, and project cost benefits and risks of covered defense
business systems programs. The investment review board and investment
management process so established shall specifically address the
requirements of subsection (a).
``(2) The review of defense business systems programs under the
investment management process shall include the following:
``(A) Review and approval by an investment review board of
each covered defense business system program before the
[[Page 125 STAT. 1531]]
obligation of funds on the system in accordance with the
requirements of subsection (a).
``(B) Periodic review, but not less than annually, of all
covered defense business system programs, grouped in portfolios
of defense business systems.
``(C) Representation on each investment review board by
appropriate officials from among the Office of the Secretary of
Defense, the armed forces, the combatant commands, the Joint
Chiefs of Staff, and the Defense Agencies, including
representation from each of the following:
``(i) The appropriate pre-certification authority
for the defense business system under review.
``(ii) The appropriate senior official of the
Department of Defense for the functions and activities
supported by the defense business system under review.
``(iii) The Chief Information Officer of the
Department of Defense.
``(D) Use of threshold criteria to ensure an appropriate
level of review within the Department of Defense of, and
accountability for, defense business system programs depending
on scope, complexity, and cost.
``(E) Use of procedures for making certifications in
accordance with the requirements of subsection (a).
``(F) Use of procedures for ensuring consistency with the
guidance issued by the Secretary of Defense and the Defense
Business Systems Management Committee, as required by section
186(c) of this title, and incorporation of common decision
criteria, including standards, requirements, and priorities that
result in the integration of defense business systems.
``(h) Budget Information.--In the materials that the Secretary
submits to Congress in support of the budget submitted to Congress under
section 1105 of title 31 for fiscal year 2006 and fiscal years
thereafter, the Secretary of Defense shall include the following
information:
``(1) Identification of each defense business system program
for which funding is proposed in that budget.
``(2) Identification of all funds, by appropriation,
proposed in that budget for each such program, including--
``(A) funds for current services (to operate and
maintain the system covered by such program); and
``(B) funds for business systems modernization,
identified for each specific appropriation.
``(3) For each such program, identification of the
appropriate pre-certification authority and senior official of
the Department of Defense designated under subsection (f).
``(4) For each such program, a description of each approval
made under subsection (a)(3) with regard to such program.
``(i) Congressional Reports.--Not later than March 15 of each year
from 2012 through 2016, the Secretary of Defense shall submit to the
congressional defense committees a report on Department of Defense
compliance with the requirements of this section. Each report shall--
``(1) describe actions taken and planned for meeting the
requirements of subsection (a), including--
``(A) specific milestones and actual performance
against specified performance measures, and any revision
of such milestones and performance measures; and
[[Page 125 STAT. 1532]]
``(B) specific actions on the defense business
system programs submitted for certification under such
subsection;
``(2) identify the number of defense business system
programs so certified;
``(3) identify any covered defense business system program
during the preceding fiscal year that was not approved under
subsection (a), and the reasons for the lack of approval;
``(4) discuss specific improvements in business operations
and cost savings resulting from successful defense business
systems programs; and
``(5) include a copy of the most recent report of the Chief
Management Officer of each military department on implementation
of business transformation initiatives by such department in
accordance with section 908 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4569; 10 U.S.C. 2222 note).
``(j) Definitions.--In this section:
``(1) The term `defense business system' means an
information system, other than a national security system,
operated by, for, or on behalf of the Department of Defense,
including financial systems, mixed systems, financial data
feeder systems, and information technology and information
assurance infrastructure, used to support business activities,
such as acquisition, financial management, logistics, strategic
planning and budgeting, installations and environment, and human
resource management.
``(2) The term `covered defense business system program'
means any defense business system program that is expected to
have a total cost in excess of $1,000,000 over the period of the
current future-years defense program submitted to Congress under
section 221 of this title.
``(3) The term `enterprise architecture' has the meaning
given that term in section 3601(4) of title 44.
``(4) The terms `information system' and `information
technology' have the meanings given those terms in section 11101
of title 40.
``(5) The term `national security system' has the meaning
given that term in section 3542(b)(2) of title 44.''.
SEC. 902. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION OF
DEPUTY SECRETARY OF DEFENSE.
Section 132(a) of title 10, United States Code, is amended by
inserting after the first sentence the following new sentence: ``The
Deputy Secretary shall be appointed from among persons most highly
qualified for the position by reason of background and experience,
including persons with appropriate management experience.''.
SEC. 903. <<NOTE: 10 USC 113 note.>> DESIGNATION OF DEPARTMENT OF
DEFENSE SENIOR OFFICIAL WITH PRINCIPAL
RESPONSIBILITY FOR AIRSHIP PROGRAMS.
Not <<NOTE: Deadline.>> later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) designate a senior official of the Department of Defense
as the official with principal responsibility for the airship
programs of the Department; and
[[Page 125 STAT. 1533]]
(2) set forth the responsibilities of that senior official
with respect to such programs.
SEC. 904. <<NOTE: 10 USC 167 note.>> MEMORANDA OF AGREEMENT ON
IDENTIFICATION AND DEDICATION OF ENABLING
CAPABILITIES OF GENERAL PURPOSE FORCES TO
FULFILL CERTAIN REQUIREMENTS OF SPECIAL
OPERATIONS FORCES.
(a) Requirement.--By <<NOTE: Deadline.>> not later than 180 days
after the date of the enactment of this Act and annually thereafter,
each Secretary of a military department shall enter into a memorandum of
agreement with the Commander of the United States Special Operations
Command that identifies or establishes processes and associated
milestones by which numbers and types of enabling capabilities of the
general purpose forces of the Armed Forces under the jurisdiction of
such Secretary can be identified and dedicated to fulfill the training
and operational requirements of special operations forces under the
United States Special Operations Command.
(b) Format.--Such agreements may be accomplished in an annex to
existing memoranda of agreement or through separate memoranda of
agreement.
SEC. 905. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NON-UNITED
STATES CITIZENS WITH SCIENTIFIC AND
TECHNICAL EXPERTISE VITAL TO THE NATIONAL
SECURITY INTERESTS.
(a) Assessment Required.--The Secretary of Defense shall conduct an
assessment of current and potential mechanisms to permit the Department
of Defense to employ non-United States citizens with critical scientific
and technical skills that are vital to the national security interests
of the United States.
(b) Elements.--The assessment required by subsection (a) shall
include the following:
(1) An identification of the critical scientific and
technical skills that are vital to the national security
interests of the United States and are anticipated to be in
short supply over the next 10 years, and an identification of
the military positions and civilian positions of the Department
of Defense that require such skills.
(2) An identification of mechanisms and incentives for
attracting persons who are non-United States citizens with such
skills to such positions, including the expedited extension of
United States citizenship.
(3) An identification and assessment of any concerns
associated with the provision of security clearances to such
persons.
(4) An identification and assessment of any concerns
associated with the employment of such persons in civilian
positions in the United States defense industrial base,
including in positions in which United States citizenship, a
security clearance, or both are a condition of employment.
(c) Reports.--
(1) Status report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report describing the current
status of the assessment required by subsection (a).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to
[[Page 125 STAT. 1534]]
the congressional defense committees a report on the assessment.
The report shall set forth the following:
(A) The results of the assessment.
(B) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the results of the assessment.
SEC. 906. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION IN
DEPARTMENT OF DEFENSE ACTIVITIES.
It is the sense of Congress to encourage the Department of Defense
to continue the use and enhancement of modeling and simulation (M&S)
across the spectrum of defense activities, including acquisition,
analysis, experimentation, intelligence, planning, medical, test and
evaluation, and training.
SEC. 907. SENSE OF CONGRESS ON TIES BETWEEN JOINT WARFIGHTING AND
COALITION CENTER AND ALLIED COMMAND
TRANSFORMATION OF NATO.
It is the sense of Congress that the successor organization to the
United States Joint Forces Command (USJFCOM), the Joint Warfighting and
Coalition Center, should establish close ties with the Allied Command
Transformation (ACT) command of the North Atlantic Treaty Organization
(NATO).
SEC. 908. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF PERSONNEL AT
THE JOINT WARFARE ANALYSIS CENTER ON
PERSONNEL SKILLS.
Not later than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report setting forth a description and assessment of the
effects of planned reductions of personnel at the Joint Warfare Analysis
Center (JWAC) on the personnel skills to be available at the Center
after the reductions. The report shall be in unclassified form, but may
contain a classified annex.
Subtitle B--Space Activities
SEC. 911. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL
POSITIONING SYSTEM.
(a) Federal Communications Commission Conditions on Commercial
Terrestrial Operations.--
(1) Continuation of conditions until interference
addressed.--The Federal Communications Commission shall not lift
the conditions imposed on commercial terrestrial operations in
the Order and Authorization adopted on January 26, 2011 (DA 11-
133), or otherwise permit such operations, until the Commission
has resolved concerns of widespread harmful interference by such
commercial terrestrial operations to covered GPS devices.
(2) Notice and comment on working group report.--Prior to
permitting such commercial terrestrial operations, the Federal
Communications Commission shall make available the final working
group report mandated by such Order and Authorization and
provide all interested parties an opportunity to comment on such
report.
(3) Notice to congress.--
[[Page 125 STAT. 1535]]
(A) In general.--At <<NOTE: Submission.>> the
conclusion of the proceeding on such commercial
terrestrial operations, the Federal Communications
Commission shall submit to the congressional committees
described in subparagraph (B) official copies of the
documents containing the final decision of the
Commission regarding whether to permit such commercial
terrestrial operations. If the decision is to permit
such commercial terrestrial operations, such documents
shall contain or be accompanied by an explanation of how
the concerns described in paragraph (1) have been
resolved.
(B) Congressional committees described.--The
congressional committees described in this paragraph are
the following:
(i) The Committee on Energy and Commerce and
the Committee on Armed Services of the House of
Representatives.
(ii) The Committee on Commerce, Science, and
Transportation and the Committee on Armed Services
of the Senate.
(b) Secretary of Defense Review of Harmful Interference.--
(1) Review.--Not <<NOTE: Deadlines.>> later than 90 days
after the date of the enactment of this Act, and every 90 days
thereafter until the date referred to in paragraph (3), the
Secretary of Defense shall conduct a review to--
(A) assess the ability of covered GPS devices to
receive signals from Global Positioning System
satellites without widespread harmful interference; and
(B) determine if commercial communications services
are causing or will cause widespread harmful
interference with covered GPS devices.
(2) Notice to congress.--
(A) Notice.--If the Secretary of Defense determines
during a review under paragraph (1) that commercial
communications services are causing or will cause
widespread harmful interference with covered GPS
devices, the Secretary shall promptly submit to the
congressional defense committees notice of such
interference.
(B) Contents.--The notice required under
subparagraph (A) shall include--
(i) a list and description of the covered GPS
devices that are being or expected to be
interfered with by commercial communications
services;
(ii) a description of the source of, and the
entity causing or expect to cause, the
interference with such receivers;
(iii) a description of the manner in which
such source or such entity is causing or expected
to cause such interference;
(iv) a description of the magnitude of harm
caused or expected to be caused by such
interference;
(v) a description of the duration of and the
conditions and circumstances under which such
interference is occurring or expected to occur;
(vi) a description of the impact of such
interference on the national security interests of
the United States; and
[[Page 125 STAT. 1536]]
(vii) a description of the plans of the
Secretary to address, alleviate, or mitigate such
interference, including the cost of such plans.
(C) Form.--The notice required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(3) Termination date.--The date referred to in this
paragraph is the earlier of--
(A) the date that is two years after the date of the
enactment of this Act; or
(B) the date on which the Secretary--
(i) determines that commercial communications
services are not causing any widespread harmful
interference with covered GPS devices; and
(ii) the Secretary submits to the
congressional defense committees notice of the
determination made under clause (i).
(c) Covered GPS Device Defined.--In this section, the term ``covered
GPS device'' means a Global Position System device of the Department of
Defense.
SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF
SATELLITES AS MAJOR SUBPROGRAMS SUBJECT TO
ACQUISITION REPORTING REQUIREMENTS.
Section 2430a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary of
Defense determines''; and
(2) by adding at the end the following new subparagraph:
``(B) If the Secretary of Defense determines that a major defense
acquisition program to purchase satellites requires the delivery of
satellites in two or more increments or blocks, the Secretary may
designate each such increment or block as a major subprogram for the
purposes of acquisition reporting under this chapter.''.
Subtitle C--Intelligence-Related Matters
SEC. 921. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS BY THE
COMPTROLLER GENERAL ON INTELLIGENCE
INFORMATION SHARING.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the appropriate
congressional committees and the Comptroller General a report on actions
taken by the Secretary in response to the recommendations of the
Comptroller General in the report issued on January 22, 2010, titled
``Intelligence, Surveillance, and Reconnaissance: Establishing Guidance,
Timelines, and Accountability for Integrating Intelligence Data Would
Improve Information Sharing'' (GAO-10-265NI), regarding the need to
develop guidance, such as a concept of operations, to provide
overarching direction and priorities for sharing intelligence
information across the defense elements of the intelligence community.
(b) <<NOTE: Determination.>> Review of Report.--The Comptroller
General shall submit to the appropriate congressional committees a
review of the report submitted under subsection (a), including a
determination by the
[[Page 125 STAT. 1537]]
Comptroller General as to whether the actions taken by the Secretary of
Defense in response to the recommendations referred to in such
subsection are consistent with and adequately address such
recommendations.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(3) the Select Committee on Intelligence of the Senate.
SEC. 922. <<NOTE: 10 USC 2224 note.>> INSIDER THREAT DETECTION.
(a) Program Required.--The Secretary of Defense shall establish a
program for information sharing protection and insider threat mitigation
for the information systems of the Department of Defense to detect
unauthorized access to, use of, or transmission of classified or
controlled unclassified information.
(b) Elements.--The program established under subsection (a) shall
include the following:
(1) Technology solutions for deployment within the
Department of Defense that allow for centralized monitoring and
detection of unauthorized activities, including--
(A) monitoring the use of external ports and read
and write capability controls;
(B) disabling the removable media ports of computers
physically or electronically;
(C) electronic auditing and reporting of unusual and
unauthorized user activities;
(D) using data-loss prevention and data-rights
management technology to prevent the unauthorized export
of information from a network or to render such
information unusable in the event of the unauthorized
export of such information;
(E) a roles-based access certification system;
(F) cross-domain guards for transfers of information
between different networks; and
(G) patch management for software and security
updates.
(2) Policies and procedures to support such program,
including special consideration for policies and procedures
related to international and interagency partners and activities
in support of ongoing operations in areas of hostilities.
(3) A governance structure and process that integrates
information security and sharing technologies with the policies
and procedures referred to in paragraph (2). Such structure and
process shall include--
(A) coordination with the existing security
clearance and suitability review process;
(B) coordination of existing anomaly detection
techniques, including those used in counterintelligence
investigation or personnel screening activities; and
(C) updating and expediting of the classification
review and marking process.
(4) A continuing analysis of--
(A) gaps in security measures under the program; and
[[Page 125 STAT. 1538]]
(B) technology, policies, and processes needed to
increase the capability of the program beyond the
initially established full operating capability to
address such gaps.
(5) A baseline analysis framework that includes measures of
performance and effectiveness.
(6) <<NOTE: Plans.>> A plan for how to ensure related
security measures are put in place for other departments or
agencies with access to Department of Defense networks.
(7) <<NOTE: Plans.>> A plan for enforcement to ensure that
the program is being applied and implemented on a uniform and
consistent basis.
(c) Operating Capability.--The <<NOTE: Deadline.>> Secretary shall
ensure the program established under subsection (a)--
(1) achieves initial operating capability not later than
October 1, 2012; and
(2) achieves full operating capability not later than
October 1, 2013.
(d) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit to the congressional defense
committees a report that includes--
(1) the implementation plan for the program established
under subsection (a);
(2) the resources required to implement the program;
(3) specific efforts to ensure that implementation does not
negatively impact activities in support of ongoing operations in
areas of hostilities;
(4) a definition of the capabilities that will be achieved
at initial operating capability and full operating capability,
respectively; and
(5) a description of any other issues related to such
implementation that the Secretary considers appropriate.
(e)Briefing Requirement.--The <<NOTE: Deadlines.>> Secretary shall
provide briefings to the Committees on Armed Services of the House of
Representatives and the Senate as follows:
(1) Not later than 90 days after the date of the enactment
of this Act, a briefing describing the governance structure
referred to in subsection (b)(3).
(2) Not later than 120 days after the date of the enactment
of this Act, a briefing detailing the inventory and status of
technology solutions deployment referred to in subsection
(b)(1), including an identification of the total number of host
platforms planned for such deployment, the current number of
host platforms that provide appropriate security, and the
funding and timeline for remaining deployment.
(3) Not later than 180 days after the date of the enactment
of this Act, a briefing detailing the policies and procedures
referred to in subsection (b)(2), including an assessment of the
effectiveness of such policies and procedures and an assessment
of the potential impact of such policies and procedures on
information sharing within the Department of Defense and with
interagency and international partners.
(f) Budget Submission.--On the date on which the President submits
to Congress the budget under section 1105 of title 31, United States
Code, for each of fiscal years 2014 through 2019, the Secretary of
Defense shall submit to the congressional defense committees an
identification of the resources requested in such budget to carry out
the program established under subsection (a).
[[Page 125 STAT. 1539]]
SEC. 923. EXPANSION OF AUTHORITY FOR EXCHANGES OF MAPPING,
CHARTING, AND GEODETIC DATA TO INCLUDE
NONGOVERNMENTAL ORGANIZATIONS AND ACADEMIC
INSTITUTIONS.
(a) Broadening of Authority.--Section 454 of title 10, United States
Code, is amended--
(1) by inserting ``(a) Foreign Countries and International
Organizations.--'' before ``The Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Nongovernmental Organizations and Academic Institutions.--The
Secretary may authorize the National Geospatial-Intelligence Agency to
exchange or furnish mapping, charting, and geodetic data, supplies, and
services relating to areas outside of the United States to a
nongovernmental organization or an academic institution engaged in
geospatial information research or production of such areas pursuant to
an agreement for the production or exchange of such data.''.
(b) Conforming Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 454. Exchange of mapping, charting, and geodetic data with
foreign countries, international organizations,
nongovernmental organizations, and academic
institutions''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 22 of such title is
amended by striking the item relating to section 454 and
inserting the following new item:
``454. Exchange of mapping, charting, and geodetic data with foreign
countries, international organizations, nongovernmental
organizations, and academic institutions.''.
SEC. 924. <<NOTE: 10 USC 2223 note.>> OZONE WIDGET FRAMEWORK.
(a) Mechanism for Internet Publication of Information for
Development of Analysis Tools and Applications.--The Chief Information
Officer of the Department of Defense, acting through the Director of the
Defense Information Systems Agency, shall implement a mechanism to
publish and maintain on the public Internet the application programming
interface specifications, a developer's toolkit, source code, and such
other information on, and resources for, the Ozone Widget Framework
(OWF) as the Chief Information Officer considers necessary to permit
individuals and companies to develop, integrate, and test analysis tools
and applications for use by the Department of Defense and the elements
of the intelligence community.
(b) Process for Voluntary Contribution of Improvements by Private
Sector.--In addition to the requirement under subsection (a), the Chief
Information Officer shall also establish a process by which private
individuals and companies may voluntarily contribute the following:
(1) Improvements to the source code and documentation for
the Ozone Widget Framework.
(2) Alternative or compatible implementations of the
published application programming interface specifications for
the Framework.
[[Page 125 STAT. 1540]]
(c) Encouragement of Use and Development.--The Chief Information
Officer shall, whenever practicable, encourage and foster the use,
support, development, and enhancement of the Ozone Widget Framework by
the computer industry and commercial information technology vendors,
including the development of tools that are compatible with the
Framework.
SEC. 925. <<NOTE: 10 USC 137 note.>> PLAN FOR INCORPORATION OF
ENTERPRISE QUERY AND CORRELATION
CAPABILITY INTO THE DEFENSE INTELLIGENCE
INFORMATION ENTERPRISE.
(a) Plan Required.--
(1) In general.--The Under Secretary of Defense for
Intelligence shall develop a plan for the incorporation of an
enterprise query and correlation capability into the Defense
Intelligence Information Enterprise (DI2E).
(2) Elements.--The plan required by paragraph (1) shall--
(A) include an assessment of all the current and
planned advanced query and correlation systems which
operate on large centralized databases that are deployed
or to be deployed in elements of the Defense
Intelligence Information Enterprise; and
(B) determine where duplication can be eliminated,
how use of these systems can be expanded, whether these
systems can be operated collaboratively, and whether
they can and should be integrated with the enterprise-
wide query and correlation capability required pursuant
to paragraph (1).
(b) Pilot Program.--
(1) In general.--The Under Secretary shall conduct a pilot
program to demonstrate an enterprisewide query and correlation
capability through the Defense Intelligence Information
Enterprise program.
(2) Purpose.--The purpose of the pilot program shall be to
demonstrate the capability of an enterprisewide query and
correlation system to achieve the following:
(A) To conduct complex, simultaneous queries by a
large number of users and analysts across numerous,
large distributed data stores with response times
measured in seconds.
(B) To be scaled up to operate effectively on all
the data holdings of the Defense Intelligence
Information Enterprise.
(C) To operate across multiple levels of security
with data guards.
(D) To operate effectively on both unstructured data
and structured data.
(E) To extract entities, resolve them, and (as
appropriate) mask them to protect sources and methods,
privacy, or both.
(F) To control access to data by means of on-line
electronic user credentials, profiles, and
authentication.
(3) Termination.--The pilot program conducted under this
subsection shall terminate on September 30, 2014.
(c) Report.--Not later than November 1, 2012, the Under Secretary
shall submit to the appropriate committees of Congress a report on the
actions undertaken by the Under Secretary to carry out this section. The
report shall set forth the plan developed
[[Page 125 STAT. 1541]]
under subsection (a) and a description and assessment of the pilot
program conducted under subsection (b).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 926. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL
OPERATIONS ACTIVITIES ABROAD.
(a) In General.--Section 2682 of title 10, United States Code, is
amended--
(1) by striking ``The maintenance and repair'' and inserting
``(a) Maintenance and Repair.--Subject to subsection (c), the
maintenance and repair'';
(2) by designating the second sentence as subsection (b),
realigning such subsection so as to be indented two ems from the
left margin, and inserting ``Jurisdiction.--'' before ``A real
property facility'';
(3) in subsection (b), as designated by paragraph (2) of
this subsection, by striking ``A real property'' and inserting
``Subject to subsection (c), a real property''; and
(4) by adding at the end the following new subsection:
``(c) Facilities for Intelligence Collection or for Special
Operations Abroad.--The <<NOTE: Waiver authority.>> Secretary of Defense
may waive the requirements of subsections (a) and (b) if necessary to
provide security for authorized intelligence collection or special
operations activities abroad undertaken by the Department of Defense.''.
(b) Sunset.--Effective <<NOTE: Effective date.>> on September 30,
2015, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2016, whichever is later--
(1) subsection (a) of section 2682 of title 10, United
States Code, as designated and amended by subsection (a)(1) of
this section, is amended by striking ``Subject to subsection
(c), the maintenance and repair'' and inserting ``The
maintenance and repair'';
(2) subsection (b) of section 2682 of title 10, United
States Code, as designated by subsection (a)(2) and amended by
subsection (a)(3) of this section, is amended by striking
``Subject to subsection (c), a real property'' and inserting ``A
real property''; and
(3) subsection (c) of section 2682 of title 10, United
States Code, as added by subsection (a)(4) of this section, is
repealed.
Subtitle D--Total Force Management
SEC. 931. GENERAL POLICY FOR TOTAL FORCE MANAGEMENT.
(a) Revision of General Personnel Policy Section.--Section 129a of
title 10, United States Code, is amended to read as follows:
[[Page 125 STAT. 1542]]
``Sec. 129a. General policy for total force management
``(a) Policies and Procedures.--The Secretary of Defense shall
establish policies and procedures for determining the most appropriate
and cost efficient mix of military, civilian, and contractor personnel
to perform the mission of the Department of Defense.
``(b) Risk Mitigation Over Cost.-- In establishing the policies and
procedures under subsection (a), the Secretary shall clearly provide
that attainment of a Department of Defense workforce sufficiently sized
and comprised of the appropriate mix of personnel necessary to carry out
the mission of the Department and the core mission areas of the armed
forces (as identified pursuant to section 118b of this title) takes
precedence over cost.
``(c) Delegation of Responsibilities.--The Secretary shall delegate
responsibility for implementation of the policies and procedures
established under subsection (a) as follows:
``(1) The Under Secretary of Defense for Personnel and
Readiness shall have overall responsibility for guidance to
implement such policies and procedures.
``(2) The Secretaries of the military departments and the
heads of the Defense Agencies shall have overall responsibility
for the requirements determination, planning, programming, and
budgeting for such policies and procedures.
``(3) The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall be responsible for ensuring that
the defense acquisition system, as defined in section 2545 of
this title, is consistent with such policies and procedures and
with implementation pursuant to paragraph (1).
``(4) The Under Secretary of Defense (Comptroller) shall be
responsible for ensuring that the budget for the Department of
Defense is consistent with such policies and procedures.
The <<NOTE: Notification.>> Under Secretary shall notify the
congressional defense committees of any deviations from such
policies and procedures that are recommended in the budget.
``(d) Use of Plan, Inventory, and List.--The policies and procedures
established by the Secretary under subsection (a) shall specifically
require the Department of Defense to use the following when making
determinations regarding the appropriate workforce mix necessary to
perform its mission:
``(1) The civilian strategic workforce plan (required by
section 115b of this title).
``(2) The civilian positions master plan (required by
section 1597(c) of this title).
``(3) The inventory of contracts for services required by
section 2330a(c) of this title.
``(4) The list of activities required by the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270; 31
U.S.C. 501 note).
``(e) Considerations in Converting Performance of Functions.--
If <<NOTE: Compliance.>> conversion of functions to performance by
either Department of Defense civilian personnel or contractor personnel
is considered, the Under Secretary of Defense for Personnel and
Readiness shall ensure compliance with--
``(1) section 2463 of this title (relating to guidelines and
procedures for use of civilian employees to perform Department
of Defense functions); and
[[Page 125 STAT. 1543]]
``(2) section 2461 of this title (relating to public-private
competition required before conversion to contractor
performance).
``(f) Construction With Other Requirements.--Nothing in this title
may be construed as authorizing--
``(1) a military department or Defense Agency to directly
convert a function to contractor performance without complying
with section 2461 of this title;
``(2) the use of contractor personnel for functions that are
inherently governmental even if there is a military or civilian
personnel shortfall in the Department of Defense;
``(3) restrictions on the use by a military department or
Defense Agency of contractor personnel to perform functions
closely associated with inherently governmental functions,
provided that--
``(A) there are adequate resources to maintain
sufficient capabilities within the Department in the
functional area being considered for performance by
contractor personnel; and
``(B) there is adequate Government oversight of
contractor personnel performing such functions;
``(4) the establishment of numerical goals or budgetary
savings targets for the conversion of functions to performance
by either Department of Defense civilian personnel or for
conversion to performance by contractor personnel; or
``(5) the imposition of a civilian hiring freeze that may
inhibit the implementation of the policies and procedures
established under subsection (a).''.
(b) Clerical Amendment.--The item relating to section 129a in the
table of sections at the beginning of chapter 3 of such title is amended
to read as follows:
``129a. General policy for total force management.''.
SEC. 932. REVISIONS TO DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
MANAGEMENT CONSTRAINTS.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting after ``(1)'' the following: ``the
total force management policies and procedures
established under section 129a of this title, (2)''; and
(B) by striking ``department and (2)'' and inserting
``department, and (3)'';
(2) in subsection (d), by striking ``within that budget
activity for which funds are provided for that fiscal year.''
and inserting ``within that budget activity as determined under
the total force management policies and procedures established
under section 129a of this title.''; and
(3) in subsection (e), by striking the sentence beginning
with ``With respect to''.
SEC. 933. ADDITIONAL AMENDMENTS RELATING TO TOTAL FORCE
MANAGEMENT.
(a) Amendments to Secretary of Defense Report.--Section 113(l) of
title 10, United States Code, is amended to read as follows:
``(l)(1) The Secretary shall include in the annual report to
Congress under subsection (c) the following:
[[Page 125 STAT. 1544]]
``(A) A comparison of the amounts provided in the defense
budget for support and for mission activities for each of the
preceding five fiscal years.
``(B) A comparison of the following for each of the
preceding five fiscal years:
``(i) The number of military personnel, shown by
major occupational category, assigned to support
positions or to mission positions.
``(ii) The number of civilian personnel, shown by
major occupational category, assigned to support
positions or to mission positions.
``(iii) The number of contractor personnel
performing support functions.
``(C) An accounting for each of the preceding five fiscal
years of the following:
``(i) The number of military and civilian personnel,
shown by armed force and by major occupational category,
assigned to support positions.
``(ii) The number of contractor personnel performing
support functions.
``(D) An identification, for each of the three workforce
sectors (military, civilian, and contractor) of the percentage
of the total number of personnel in that workforce sector that
is providing support to headquarters and headquarters support
activities for each of the preceding five fiscal years.
``(2) Contractor personnel shall be determined for purposes of
paragraph (1) by using contractor full-time equivalents, based on the
inventory required under section 2330a of this title.''.
(b) Amendments Relating to Certain Guidelines.--Section 1597(b) of
title 10, United States Code, is amended by inserting after the first
sentence the following: ``In establishing the guidelines, the Secretary
shall ensure that nothing in the guidelines conflicts with the
requirements of section 129 of this title or the policies and procedures
established under section 129a of this title.''.
(c) Amendment to Requirements for Acquisition of Services.--Section
863 of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4293; 10 U.S.C. 2330 note) is
amended by adding at the end of subsection (d) the following new
paragraph:
``(9) Considerations relating to total force management
policies and procedures established under section 129a of this
title.''.
SEC. 934. MODIFICATIONS OF ANNUAL DEFENSE MANPOWER REQUIREMENTS
REPORT.
Section 115a(a) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1); and
(2) by striking paragraph (2) and inserting the following
new paragraphs (2) and (3):
``(2) the annual civilian personnel requirements level for
each component of the Department of Defense for the next fiscal
year and the civilian end-strength level for the prior fiscal
year; and
``(3) the projected number of contractor personnel full-time
equivalents required to provide contract services (as that term
is defined in section 235 of this title) for each component of
the Department of Defense for the next fiscal year and
[[Page 125 STAT. 1545]]
the contractor personnel full-time equivalents that provided
contract services for each component of the Department of
Defense for the prior fiscal year as reported in the inventory
of contracts for services required by section 2330a(c) of this
title.''.
SEC. 935. REVISIONS TO STRATEGIC WORKFORCE PLAN.
(a) Revision in Reporting Period.--
(1) In general.--Section 115b of title 10, United States
Code, is amended--
(A) in the section heading, by striking ``Annual
strategic'' and inserting ``Biennial strategic'';
(B) in the heading of subsection (a), by striking
``Annual'' and inserting ``Biennial''; and
(C) in subsection (a)(1), by striking ``on an annual
basis'' and inserting ``in every even-numbered year''.
(2) Clerical amendment.--The table of sections for chapter 2
of such title is amended by striking the item relating to
section 115b and inserting the following:
``115b. Biennial strategic workforce plan.''.
(b) Revision in Assessment Contents and Period.--Section 115b(b)(1)
of such title is amended--
(1) in subparagraph (A), by striking ``seven-year period
following the year in which the plan is submitted'' and
inserting ``five-year period corresponding to the current
future-years defense program under section 221 of this title'';
and
(2) in subparagraph (B), by inserting before the semicolon
at the end the following: ``, as determined under the total
force management policies and procedures established under
section 129a of this title''.
(c) Reference to Section 129a.--Section 115b(c)(2)(D) of such title
is amended by inserting before the period at the end the following:
``and the policies and procedures established under section 129a of this
title''.
SEC. 936. AMENDMENTS TO REQUIREMENT FOR INVENTORY OF CONTRACTS FOR
SERVICES.
(a) Amendments Relating to Inventory.--Section 2330a(c)(1) of title
10, United States Code, is amended--
(1) by inserting after ``pursuant to contracts for
services'' the following: ``(and pursuant to contracts for goods
to the extent services are a significant component of
performance as identified in a separate line item of a
contract)'';
(2) in subparagraph (A)--
(A) by striking ``and'' at the end of clause (i);
and
(B) by striking clause (ii) and inserting the
following:
``(ii) the calculation of contractor full-time
equivalents for direct labor, using direct labor hours
in a manner that is comparable to the calculation of
Department of Defense civilian full-time employees; and
``(iii) the conduct and completion of the annual
review required under subsection (e)(1).''; and
(3) in subparagraph (B), by inserting ``for requirements
relating to acquisition'' before the period.
(b) Amendments Relating to Review and Planning Requirements.--
Section 2330a(e) of such title is amended--
(1) by inserting ``and'' at the end of paragraph (2);
[[Page 125 STAT. 1546]]
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(3) by striking paragraph (4).
(c) Development of Plan and Enforcement and Approval Mechanisms.--
Section 2330a of such title is further amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Development of Plan and Enforcement and Approval Mechanisms.--
The Secretary of the military department or head of the Defense Agency
responsible for activities in the inventory shall develop a plan,
including an enforcement mechanism and approval process, to--
``(1) provide for the use of the inventory by the military
department or Defense Agency to implement the requirements of
section 129a of this title;
``(2) ensure the inventory is used to inform strategic
workforce planning;
``(3) facilitate use of the inventory for compliance with
section 235 of this title; and
``(4) provide for appropriate consideration of the
conversion of activities identified under subsection (e)(3)
within a reasonable period of time.''.
SEC. 937. PRELIMINARY PLANNING AND DURATION OF PUBLIC-PRIVATE
COMPETITIONS.
Section 2461(a)(5) of title 10, United States Code, is amended--
(1) in subparagraph (E)--
(A) by striking ``, begins'' and inserting ``shall
be conducted in accordance with guidance and procedures
that shall be issued and maintained by the Under
Secretary of Defense for Personnel and Readiness and
shall begin'';
(B) by inserting after ``the date on which'' the
following: ``a component of'';
(C) by inserting ``first'' before ``obligates'';
(D) by inserting ``specifically'' after ``funds'';
(E) by inserting ``for the preliminary planning
effort'' after ``support''; and
(F) in clause (i), by inserting ``a public-private''
before ``competition''; and
(2) in subparagraph (F)--
(A) by inserting ``or Defense Agency'' after
``military department'';
(B) by striking ``of such date'' and inserting ``of
the actions intended to be taken during the preliminary
planning process'';
(C) by inserting ``of such actions'' after ``public
notice'';
(D) by inserting after ``website'' the following:
``and through other means as determined necessary''; and
(E) by striking ``Such date is the first day of
preliminary planning for a public-private competition
for'' and inserting ``The date of such announcement
shall be used for''.
[[Page 125 STAT. 1547]]
SEC. 938. CONVERSION OF CERTAIN FUNCTIONS FROM CONTRACTOR
PERFORMANCE TO PERFORMANCE BY DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
Section 2463 of title 10, United States Code, is amended--
(1) in subsection (b)(1)--
(A) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (C), (E), and (F), respectively;
(B) by striking subparagraph (A) and inserting the
following new subparagraphs (A) and (B):
``(A) is a critical function that--
``(i) is necessary to maintain sufficient
Government expertise and technical capabilities;
or
``(ii) entails operational risk associated
with contractor performance;
``(B) is an acquisition workforce function;''; and
(C) by inserting after subparagraph (C), as
redesignated by subparagraph (A), the following new
subparagraph (D):
``(D) has been performed by Department of Defense
civilian employees at any time during the previous 10-
year period;'';
(2) by redesignating subsection (e) as subsection (g);
(3) by inserting after subsection (d) the following new
subsections (e) and (f):
``(e) Determinations Relating to the Conversion of Certain
Functions.--(1) Except as provided in paragraph (2), in determining
whether a function should be converted to performance by Department of
Defense civilian employees, the Secretary of Defense shall--
``(A) develop methodology for determining costs based on the
guidance outlined in the Directive-Type Memorandum 09-007
entitled `Estimating and Comparing the Full Costs of Civilian
and Military Manpower and Contractor Support' or any successor
guidance for the determination of costs when costs are the sole
basis for the determination;
``(B) take into consideration any supplemental guidance
issued by the Secretary of a military department for
determinations affecting functions of that military department;
and
``(C) ensure that the difference in the cost of performing
the function by a contractor compared to the cost of performing
the function by Department of Defense civilian employees would
be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function; or
``(ii) $10,000,000.
``(2) Paragraph (1) shall not apply to any function that is
inherently governmental or any function described in subparagraph (A),
(B), or (C) of subsection (b)(1).
``(f) Notification Relating to the Conversion of Certain
Functions.--The Secretary <<NOTE: Procedures.>> of Defense shall
establish procedures for the timely notification of any contractor who
performs a function that the Secretary plans to convert to performance
by Department of Defense civilian employees pursuant to
subsection <<NOTE: Records.>> (a). The Secretary shall provide a copy
of any such notification to the congressional defense committees.''; and
(4) in subsection (g), as redesignated by paragraph (2)--
[[Page 125 STAT. 1548]]
(A) by striking ``this section'' and all that
follows and inserting ``this section:''; and
(B) by adding at the end the following new
paragraphs:
``(1) <<NOTE: Definitions.>> The term `functions closely
associated with inherently governmental functions' has the
meaning given that term in section 2383(b)(3) of this title.
``(2) The term `acquisition function' has the meaning given
that term under section 1721(a) of this title.
``(3) The term `inherently governmental function' has the
meaning given that term in the Federal Activities Inventory
Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note).''.
Subtitle E--Quadrennial Roles and Missions and Related Matters
SEC. 941. CHAIRMAN OF THE JOINT CHIEFS OF STAFF ASSESSMENT OF
CONTINGENCY PLANS.
Section 153(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``assessment of'' and all
that follows through the period and inserting: ``assessment of--
``(A) the nature and magnitude of the strategic and
military risks associated with executing the missions
called for under the current National Military Strategy;
and
``(B) the critical deficiencies and strengths in
force capabilities (including manpower, logistics,
intelligence, and mobility support) identified during
the preparation and review of contingency plans of each
geographic combatant commander, and the effect of such
deficiencies and strengths on strategic plans and on
meeting national security objectives and policy.''; and
(2) in paragraph (2)--
(A) by inserting after ``National Military Strategy
is significant,'' the following, ``or that critical
deficiencies in force capabilities exist for a
contingency plan,''; and
(B) by inserting ``or deficiency'' before the period
at the end.
SEC. 942. QUADRENNIAL DEFENSE REVIEW.
Paragraph (4) of section 118(b) of title 10, United States Code, is
amended to read as follows:
``(4) to make recommendations that are not constrained to
comply with and are fully independent of the budget submitted to
Congress by the President pursuant to section 1105 of title
31.''.
Subtitle F--Other Matters
SEC. 951. ACTIVITIES TO IMPROVE MULTILATERAL, BILATERAL, AND
REGIONAL COOPERATION REGARDING
CYBERSECURITY.
(a) Establishment of Cybersecurity Program.--
(1) In general.--Chapter 53 of title 10, United States Code,
is amended by inserting after section 1051b the following new
section:
[[Page 125 STAT. 1549]]
``Sec. 1051c. Multilateral, bilateral, or regional cooperation
programs: assignments to improve education and
training in information security
``(a) Assignments Authorized; Purpose.--The Secretary of Defense may
authorize the temporary assignment of a member of the military forces of
a foreign country to a Department of Defense organization for the
purpose of assisting the member to obtain education and training to
improve the member's ability to understand and respond to information
security threats, vulnerabilities of information security systems, and
the consequences of information security incidents.
``(b) Payment of Certain Expenses.--To facilitate the assignment of
a member of a foreign military force to a Department of Defense
organization under subsection (a), the Secretary of Defense may pay such
expenses in connection with the assignment as the Secretary considers in
the national security interests of the United States.
``(c) Protection of Department Cybersecurity.--In authorizing the
temporary assignment of members of foreign military forces to Department
of Defense organizations under subsection (a), the Secretary of Defense
shall require the inclusion of adequate safeguards to prevent any
compromising of Department information security.
``(d) Multi-year Availability of Funds.--Funds available to carry
out this section shall be available, to the extent provided in
appropriations Acts, for programs and activities under this section that
begin in a fiscal year and end in the following fiscal year.
``(e) Information Security Defined.--In this section, the term
`information security' refers to--
``(1) the confidentiality, integrity, or availability of an
information system or the information such system processes,
stores, or transmits; and
``(2) the security policies, security procedures, or
acceptable use policies with respect to an information
system.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the item
relating to section 1051b the following new item:
``1051c. Multilateral, bilateral, or regional cooperation programs:
assignments to improve education and training in information
security.''.
(b) Report on Expansion of Fellowship Opportunities.--Not later one
year after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report evaluating the feasibility and
benefits of expanding the fellowship program authorized by section 1051c
of title 10, United States Code, as added by subsection (a), to include
ministry of defense officials, security officials, or other civilian
officials of foreign countries.
SEC. 952. REPORT ON UNITED STATES SPECIAL OPERATIONS COMMAND
STRUCTURE.
(a) Report.--Not later than March 1, 2012, the Secretary of Defense
shall submit to the congressional defense committees a study of the
United States Special Operations Command sub-unified structure.
(b) Elements.--The report required under this section shall include,
at a minimum, the following:
[[Page 125 STAT. 1550]]
(1) Recommendations to revise as necessary the present
command structure to better support development and deployment
of joint special operations forces and capabilities.
(2) Any other matters the Secretary considers appropriate.
(c) Form.--The report required under this section shall be submitted
in unclassified form, but may include a classified annex.
SEC. 953. <<NOTE: 10 USC 2224 note.>> STRATEGY TO ACQUIRE
CAPABILITIES TO DETECT PREVIOUSLY UNKNOWN
CYBER ATTACKS.
(a) In General.--The <<NOTE: Plans.>> Secretary of Defense shall
develop and implement a plan to augment the cybersecurity strategy of
the Department of Defense through the acquisition of advanced
capabilities to discover and isolate penetrations and attacks that were
previously unknown and for which signatures have not been developed for
incorporation into computer intrusion detection and prevention systems
and anti-virus software systems.
(b) Capabilities.--
(1) Nature of capabilities.--The capabilities to be acquired
under the plan required by subsection (a) shall--
(A) be adequate to enable well-trained analysts to
discover the sophisticated attacks conducted by nation-
state adversaries that are categorized as ``advanced
persistent threats'';
(B) be appropriate for--
(i) endpoints or hosts;
(ii) network-level gateways operated by the
Defense Information Systems Agency where the
Department of Defense network connects to the
public Internet; and
(iii) global networks owned and operated by
private sector Tier 1 Internet Service Providers;
(C) at the endpoints or hosts, add new discovery
capabilities to the Host-Based Security System of the
Department, including capabilities such as--
(i) automatic blocking of unauthorized
software programs and accepting approved and
vetted programs;
(ii) constant monitoring of all key computer
attributes, settings, and operations (such as
registry keys, operations running in memory,
security settings, memory tables, event logs, and
files); and
(iii) automatic baselining and remediation of
altered computer settings and files;
(D) at the network-level gateways and internal
network peering points, include the sustainment and
enhancement of a system that is based on full-packet
capture, session reconstruction, extended storage, and
advanced analytic tools, by--
(i) increasing the number and skill level of
the analysts assigned to query stored data,
whether by contracting for security services,
hiring and training Government personnel, or both;
and
(ii) increasing the capacity of the system to
handle the rates for data flow through the
gateways and the storage requirements specified by
the United States Cyber Command; and
[[Page 125 STAT. 1551]]
(E) include the behavior-based threat detection
capabilities of Tier 1 Internet Service Providers and
other companies that operate on the global Internet.
(2) Source of capabilities.--The capabilities to be acquired
shall, to the maximum extent practicable, be acquired from
commercial sources. In making decisions on the procurement of
such capabilities from among competing commercial and Government
providers, the Secretary shall take into consideration the needs
of other departments and agencies of the Federal Government,
State and local governments, and critical infrastructure owned
and operated by the private sector for unclassified, affordable,
and sustainable commercial solutions.
(c) Integration and Management of Discovery Capabilities.--The plan
required by subsection (a) shall include mechanisms for improving the
standardization, organization, and management of the security
information and event management systems that are widely deployed across
the Department of Defense to improve the ability of United States Cyber
Command to understand and control the status and condition of Department
networks, including mechanisms to ensure that the security information
and event management systems of the Department receive and correlate
data collected and analyses conducted at the host or endpoint, at the
network gateways, and by Internet Service Providers in order to discover
new attacks reliably and rapidly.
(d) Provision for Capability Demonstrations.--The plan required by
subsection (a) shall provide for the conduct of demonstrations, pilot
projects, and other tests on cyber test ranges and operational networks
in order to determine and verify that the capabilities to be acquired
pursuant to the plan are effective, practical, and affordable.
(e) Report.--Not later than April 1, 2012, the Secretary shall
submit to the congressional defense committees a report on the plan
required by subsection (a). The report shall set forth the plan and
include a comprehensive description of the actions being undertaken by
the Department to implement the plan.
SEC. 954. <<NOTE: 10 USC 111 note.>> MILITARY ACTIVITIES IN
CYBERSPACE.
Congress affirms that the Department of Defense has the capability,
and upon direction by the President may conduct offensive operations in
cyberspace to defend our Nation, Allies and interests, subject to--
(1) the policy principles and legal regimes that the
Department follows for kinetic capabilities, including the law
of armed conflict; and
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.).
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Additional requirements relating to the development of the
Financial Improvement and Audit Readiness Plan.
Sec. 1003A. Display of procurement of equipment for the reserve
components of the Armed Forces under estimated expenditures
for procurement in future-years defense programs.
[[Page 125 STAT. 1552]]
Subtitle B--Counter-Drug Activities
Sec. 1004. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1005. Three-year extension and modification of authority of
Department of Defense to provide additional support for
counterdrug activities of other governmental agencies.
Sec. 1006. Two-year extension and expansion of authority to provide
additional support for counter-drug activities of certain
foreign governments.
Sec. 1007. Extension of authority to support unified counter-drug and
counterterrorism campaign in Colombia.
Sec. 1008. Reporting requirement on expenditures to support foreign
counter-drug activities.
Subtitle C--Naval Vessels and Shipyards
Sec. 1011. Budgeting for construction of naval vessels.
Sec. 1012. Sense of Congress on naming of Naval vessel after United
States Marine Corps Sergeant Rafael Peralta.
Sec. 1013. Limitation on availability of funds for placing Maritime
Prepositioning Ship squadrons on reduced operating status.
Sec. 1014. Report on policies and practices of the Navy for naming the
vessels of the Navy.
Sec. 1015. Transfer of certain high-speed ferries to the Navy.
Sec. 1016. Modification of conditions on status of retired aircraft
carrier ex-John F. Kennedy.
Sec. 1017. Assessment of stationing of additional DDG-51 class
destroyers at Naval Station Mayport, Florida.
Subtitle D--Counterterrorism
Sec. 1021. Affirmation of authority of the Armed Forces of the United
States to detain covered persons pursuant to the
Authorization for Use of Military Force.
Sec. 1022. Military custody for foreign al-Qaeda terrorists.
Sec. 1023. Procedures for periodic detention review of individuals
detained at United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1024. Procedures for status determinations.
Sec. 1025. Requirement for national security protocols governing
detainee communications.
Sec. 1026. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1027. Prohibition on the use of funds for the transfer or release
of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of
detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and other foreign entities.
Sec. 1029. Requirement for consultation regarding prosecution of
terrorists.
Sec. 1030. Clarification of right to plead guilty in trial of capital
offense by military commission.
Sec. 1031. Counterterrorism operational briefing requirement.
Sec. 1032. National security planning guidance to deny safe havens to
al-Qaeda and its violent extremist affiliates.
Sec. 1033. Extension of authority to make rewards for combating
terrorism.
Sec. 1034. Amendments relating to the Military Commissions Act of 2009.
Subtitle E--Nuclear Forces
Sec. 1041. Biennial assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and control system.
Sec. 1042. Plan on implementation of the New START Treaty.
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery systems,
and nuclear weapons command and control system.
Sec. 1044. Sense of Congress on nuclear force reductions.
Sec. 1045. Nuclear force reductions.
Sec. 1046. Nuclear employment strategy of the United States.
Sec. 1047. Comptroller General report on nuclear weapon capabilities and
force structure requirements.
Sec. 1048. Report on feasibility of joint replacement fuze program.
Subtitle F--Financial Management
Sec. 1051. Modification of authorities on certification and credential
standards for financial management positions in the
Department of Defense.
[[Page 125 STAT. 1553]]
Sec. 1052. Reliability of Department of Defense financial statements.
Sec. 1053. Inclusion of plan on the financial management workforce in
the strategic workforce plan of the Department of Defense.
Sec. 1054. Tracking implementation of Department of Defense
efficiencies.
Subtitle G--Repeal and Modification of Reporting Requirements
Sec. 1061. Repeal of reporting requirements under title 10, United
States Code.
Sec. 1062. Repeal of reporting requirements under annual defense
authorization acts.
Sec. 1063. Repeal of reporting requirements under other laws.
Sec. 1064. Modification of reporting requirements under title 10, United
States Code.
Sec. 1065. Modification of reporting requirements under other titles of
the United States Code.
Sec. 1066. Modification of reporting requirements under annual defense
authorization acts.
Sec. 1067. Modification of reporting requirements under other laws.
Subtitle H--Studies and Reports
Sec. 1068. Transmission of reports in electronic format.
Sec. 1069. Modifications to annual aircraft procurement plan.
Sec. 1070. Change of deadline for annual report to Congress on National
Guard and reserve component equipment.
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear
weapons, and related programs in non-nuclear weapons states
and countries not parties to the nuclear non-proliferation
treaty, and certain foreign persons.
Sec. 1072. Implementation plan for whole-of-government vision prescribed
in the National Security Strategy.
Sec. 1073. Reports on resolution restrictions on the commercial sale or
dissemination of eletro-optical imagery collected by
satellites.
Sec. 1074. Report on integration of unmanned aerial systems into the
national airspace system.
Sec. 1075. Report on feasibility of using unmanned aerial systems to
perform airborne inspection of navigational aids in foreign
airspace.
Sec. 1076. Comptroller General review of medical research and
development relating to improved combat casualty care.
Sec. 1077. Reports to Congress on the modification of the force
structure for the strategic nuclear weapons delivery systems
of the United States.
Sec. 1078. Comptroller General of the United States reports on the major
automated information system programs of the Department of
Defense.
Sec. 1079. Report on Defense Department analytic capabilities regarding
foreign ballistic missile threats.
Sec. 1080. Report on approval and implementation of Air Sea Battle
Concept.
Sec. 1080A. Report on costs of units of the reserve components and the
active components of the Armed Forces.
Subtitle I--Miscellaneous Authorities and Limitations
Sec. 1081. Authority for assignment of civilian employees of the
Department of Defense as advisors to foreign ministries of
defense.
Sec. 1082. Exemption from Freedom of Information Act for data files of
the military flight operations quality assurance systems of
the military departments.
Sec. 1083. Limitation on procurement and fielding of light attack armed
reconnaissance aircraft.
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low
rate initial production at certain prototype integration
facilities.
Sec. 1085. Use of State Partnership Program funds for certain purposes.
Subtitle J--Other Matters
Sec. 1086. Redesignation of psychological operations as military
information support operations in title 10, United States
Code, to conform to Department of Defense usage.
Sec. 1087. Termination of requirement for appointment of civilian
members of National Security Education Board by and with the
advice and consent of the Senate.
Sec. 1088. Sense of Congress on application of moratorium on earmarks to
this Act.
Sec. 1089. Technical amendment.
Sec. 1090. Cybersecurity collaboration between the Department of Defense
and the Department of Homeland Security.
Sec. 1091. Treatment under Freedom of Information Act of certain
Department of Defense critical infrastructure security
information.
[[Page 125 STAT. 1554]]
Sec. 1092. Expansion of scope of humanitarian demining assistance
program to include stockpiled conventional munitions
assistance.
Sec. 1093. Number of Navy carrier air wings and carrier air wing
headquarters.
Sec. 1094. Display of annual budget requirements for organizational
clothing and individual equipment.
Sec. 1095. National Rocket Propulsion Strategy.
Sec. 1096. Grants to certain regulated companies for specified energy
property not subject to normalization rules.
Sec. 1097. Unmanned aerial systems and national airspace.
Sec. 1098. Modification of dates of Comptroller General of the United
States review of executive agreement on joint medical
facility demonstration project, North Chicago and Great
Lakes, Illinois.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) <<NOTE: Determination.>> Authority.--Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2012 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount is
transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
(e) National Nuclear Security Administration.--
(1) Transfer authorized.--If the amount authorized to be
appropriated for the weapons activities of the National Nuclear
Security Administration for fiscal year 2012 is less than the
$7,629,716,000 requested for such activities in the President's
budget request for that fiscal year, the Secretary of Defense
may transfer, from amounts made available for the Department of
Defense for fiscal year 2012 pursuant to an authorization of
appropriations under this Act, to the Secretary of Energy an
amount up to $125,000,000 to be available only for the weapons
activities of the National Nuclear Security Administration.
[[Page 125 STAT. 1555]]
(2) Notice to congress.--In the event of a transfer under
paragraph (1), the Secretary of Defense shall promptly notify
Congress of the transfer and shall include in such notice the
Department of Defense account or accounts from which the funds
are transferred.
(3) Transfer authority.--The transfer authority provided
under this subsection is in addition to any other transfer
authority provided under this Act.
SEC. 1002. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference report or
amendment between the Houses.
SEC. 1003. <<NOTE: 10 USC 2222 note.>> ADDITIONAL REQUIREMENTS
RELATING TO THE DEVELOPMENT OF THE
FINANCIAL IMPROVEMENT AND AUDIT
READINESS PLAN.
(a) Planning Requirement.--
(1) In general.--The <<NOTE: Reports. Deadlines.>> report
to be issued pursuant to section 1003(b) of the National Defense
Authorization Act for 2010 (Public Law 111-84; 123 Stat. 2440;
10 U.S.C. 2222 note) and provided by not later than May 15,
2012, shall include a plan, including interim objectives and a
schedule of milestones for each military department and for the
defense agencies, to support the goal established by the
Secretary of Defense that the statement of budgetary resources
is validated for audit by not later than September 30, 2014.
Consistent with the requirements of such section, the plan shall
include process and control improvements and business systems
modernization efforts necessary for the Department of Defense to
consistently prepare timely, reliable, and complete financial
management information.
(2) Semiannual updates.--The reports to be issued pursuant
to such section after the report described in paragraph (1)
shall update the plan required by such paragraph and explain how
the Department has progressed toward meeting the milestones
established in the plan.
(b) Inclusion of Subordinate Activities for Interim Milestones.--For
each interim milestone established pursuant to section 881 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4306; 10 U.S.C. 2222 note), the Under Secretary
of Defense (Comptroller), in consultation with the Deputy Chief
Management Officer of the Department of Defense, the Secretaries of the
military departments, and the heads of the defense agencies and defense
field activities, shall include a detailed description of the
subordinate activities necessary to accomplish each interim milestone,
including--
(1) a justification of the time required for each activity;
(2) metrics identifying the progress made within each
activity; and
(3) mitigating strategies for milestone timeframe slippages.
(c) Report Required.--
[[Page 125 STAT. 1556]]
(1) In general.--The Secretary of Defense shall submit to
Congress a report relating to the Financial Improvement and
Audit Readiness Plan of the Department of Defense submitted in
accordance with section 1003 of the National Defense
Authorization Act for 2010 (Public Law 111-84; 123 Stat. 2440;
10 U.S.C. 2222 note) and section 881 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 121 Stat. 4306; 10 U.S.C. 2222 note).
(2) Matters covered.--The report shall include a corrective
action plan for any identified weaknesses or deficiencies in the
execution of the Financial Improvement and Audit Readiness Plan.
The corrective action plan shall--
(A) identify near- and long-term measures for
resolving any such weaknesses or deficiencies;
(B) assign responsibilities within the Department of
Defense to implement such measures;
(C) specify implementation steps for such measures;
and
(D) provide timeframes for implementation of such
measures.
SEC. 1003A. <<NOTE: 10 USC 221 note.>> DISPLAY OF PROCUREMENT OF
EQUIPMENT FOR THE RESERVE COMPONENTS
OF THE ARMED FORCES UNDER ESTIMATED
EXPENDITURES FOR PROCUREMENT IN
FUTURE-YEARS DEFENSE PROGRAMS.
Each future-years defense program submitted to Congress under
section 221 of title 10, United States Code, shall, in setting forth
estimated expenditures and item quantities for procurement for the Armed
Forces for the fiscal years covered by such program, display separately
under such estimated expenditures and item quantities the estimated
expenditures for each such fiscal year for equipment for each reserve
component of the Armed Forces that will receive items in any fiscal year
covered by such program.
Subtitle B--Counter-Drug Activities
SEC. 1004. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Section 1022(b) of the National Defense
Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is amended
by striking ``2011'' and inserting ``2012''.
(b) <<NOTE: Certification. 10 USC 371 note.>> Limitation on
Exercise of Authority.--The authority in section 1022 of the National
Defense Authorization Act for Fiscal Year 2004, as amended by subsection
(a), may not be exercised unless the Secretary of Defense certifies to
Congress, in writing, that the Department of Defense is in compliance
with the provisions of paragraph (2) of subsection (d) of such section,
as added by section 1012(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4346).
SEC. 1005. THREE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF
DEPARTMENT OF DEFENSE TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTERDRUG
ACTIVITIES OF OTHER GOVERNMENTAL
AGENCIES.
(a) Three-year Extension.--Subsection (a) of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991
[[Page 125 STAT. 1557]]
(10 U.S.C. 374 note) is amended by striking ``During fiscal years 2002
through 2011'' and inserting ``During fiscal years 2012 through 2014''.
(b) Coverage of Tribal Law Enforcement Agencies.--
(1) In general.--Such section is further amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by
inserting ``tribal,'' after ``local,''; and
(ii) in paragraph (2), by striking ``State or
local'' both places it appears and insert ``State,
local, or tribal''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``State or
local'' and inserting ``State, local, or tribal'';
(ii) in paragraph (4), by striking ``State, or
local'' and inserting ``State, local, or tribal'';
and
(iii) in paragraph (5), by striking ``State
and local'' and inserting ``State, local, and
tribal''.
(2) Tribal government defined.--Such section is further
amended by adding at the end the following new subsection:
``(i) Definitions Relating to Tribal Governments.--In this section:
``(1) The term `Indian tribe' means a federally recognized
Indian tribe.
``(2) The term `tribal government' means the governing body
of an Indian tribe, the status of whose land is `Indian country'
as defined in section 1151 of title 18, United States Code, or
held in trust by the United States for the benefit of the Indian
tribe.
``(3) The term `tribal law enforcement agency' means the law
enforcement agency of a tribal government.''.
SEC. 1006. TWO-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO
PROVIDE ADDITIONAL SUPPORT FOR COUNTER-
DRUG ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS.
(a) In General.--Subsection (a)(2) of section 1033 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1881), as most recently amended by section 1014(a) of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111-383; 124 Stat. 4337), is further amended by striking ``2012''
and inserting ``2013''.
(b) Maximum Amount of Support.--Section (e)(2) of such section, as
so amended, is further amended--
(1) by striking ``$75,000,000'' and inserting
``$100,000,000''; and
(2) by striking ``2012'' and inserting ``2013''.
(c) Additional Governments Eligible To Receive Support.--Subsection
(b) of such section, as most recently amended by section 1024(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4587), is further amended by adding at
the end the following new paragraphs:
``(23) Government of Benin.
``(24) Government of Cape Verde.
``(25) Government of The Gambia.
``(26) Government of Ghana.
``(27) Government of Guinea.
[[Page 125 STAT. 1558]]
``(28) Government of Ivory Coast.
``(29) Government of Jamaica.
``(30) Government of Liberia.
``(31) Government of Mauritania.
``(32) Government of Nicaragua.
``(33) Government of Nigeria.
``(34) Government of Sierra Leone.
``(35) Government of Togo.''.
SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTER-DRUG
AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2042), as most
recently amended by section 1011 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4346), is amended--
(1) in subsection (a), by striking ``2011'' and inserting
``2012''; and
(2) in subsection (c), by striking ``2011'' and inserting
``2012''.
SEC. 1008. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
Section 1022(a) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-255), as most recently amended by the
section 1013 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4347), is further
amended by striking ``February 15, 2011'' and inserting ``February 15,
2012''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1011. BUDGETING FOR CONSTRUCTION OF NAVAL VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is
amended to read as follows:
``Sec. 231. Budgeting for construction of naval vessels: annual
plan and certification
``(a) Annual Naval Vessel Construction Plan and Certification.--The
Secretary of Defense shall include with the defense budget materials for
a fiscal year--
``(1) a plan for the construction of combatant and support
vessels for the Navy developed in accordance with this section;
and
``(2) a certification by the Secretary that both the budget
for that fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding of the construction of
naval vessels at a level that is sufficient for the procurement
of the vessels provided for in the plan under paragraph (1) on
the schedule provided in that plan.
``(b) Annual Naval Vessel Construction Plan.--(1) The annual naval
vessel construction plan developed for a fiscal year for purposes of
subsection (a)(1) should be designed so that the
[[Page 125 STAT. 1559]]
naval vessel force provided for under that plan is capable of supporting
the national security strategy of the United States as set forth in the
most recent national security strategy report of the President under
section 108 of the National Security Act of 1947 (50 U.S.C. 404a),
except that, if at the time such plan is submitted with the defense
budget materials for that fiscal year, a national security strategy
report required under such section 108 has not been submitted to
Congress as required by paragraph (2) or paragraph (3), if applicable,
of subsection (a) of such section, then such annual plan should be
designed so that the naval vessel force provided for under that plan is
capable of supporting the ship force structure recommended in the report
of the most recent quadrennial defense review.
``(2) Each such naval vessel construction plan shall include the
following:
``(A) A detailed program for the construction of combatant
and support vessels for the Navy over the next 30 fiscal years.
``(B) A description of the necessary naval vessel force
structure to meet the requirements of the national security
strategy of the United States or the most recent quadrennial
defense review, whichever is applicable under paragraph (1).
``(C) The estimated levels of annual funding necessary to
carry out the program, together with a discussion of the
procurement strategies on which such estimated levels of annual
funding are based.
``(c) Assessment When Vessel Construction Budget Is Insufficient to
Meet Applicable Requirements.--If the budget for a fiscal year provides
for funding of the construction of naval vessels at a level that is not
sufficient to sustain the naval vessel force structure specified in the
naval vessel construction plan for that fiscal year under subsection
(a), the Secretary shall include with the defense budget materials for
that fiscal year an assessment that describes and discusses the risks
associated with the reduced force structure of naval vessels that will
result from funding naval vessel construction at such level. Such
assessment shall be coordinated in advance with the commanders of the
combatant commands.
``(d) <<NOTE: Deadline. Reports.>> CBO Evaluation.--Not later than
60 days after the date on which the congressional defense committees
receive the plan under subsection (a)(1), the Director of the
Congressional Budget Office shall submit to such committees a report
assessing the sufficiency of the estimated levels of annual funding
included in such plan with respect to the budget submitted during the
year in which the plan is submitted and the future-years defense program
submitted under section 221 of this title.
``(e) Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to a
fiscal year, means the materials submitted to Congress by the
Secretary of Defense in support of the budget for that fiscal
year.
``(3) The term `quadrennial defense review' means the review
of the defense programs and policies of the United States that
is carried out every four years under section 118 of this
title.''.
[[Page 125 STAT. 1560]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of such title is amended by striking the item relating to
section 231 and inserting the following new item:
``231. Budgeting for construction of naval vessels: annual plan and
certification''.
SEC. 1012. SENSE OF CONGRESS ON NAMING OF NAVAL VESSEL AFTER
UNITED STATES MARINE CORPS SERGEANT
RAFAEL PERALTA.
It is the sense of Congress that the Secretary of the Navy is
encouraged to name the next available Naval vessel after United States
Marine Corps Sergeant Rafael Peralta.
SEC. 1013. <<NOTE: Reports. Certification.>> LIMITATION ON
AVAILABILITY OF FUNDS FOR PLACING
MARITIME PREPOSITIONING SHIP SQUADRONS
ON REDUCED OPERATING STATUS.
No amounts authorized to be appropriated by this Act may be
obligated or expended to place a Maritime Prepositioning Ship squadron,
or any component thereof, on reduced operating status until the later of
the following:
(1) The date on which the Commandant of the Marine Corps
submits to the congressional defense committees a report setting
forth an assessment of the impact on military readiness of the
plans of the Navy for placing such Maritime Prepositioning Ship
squadron, or component thereof, on reduced operating status.
(2) The date on which the Chief of Naval Operations submits
to the congressional defense committees a report that--
(A) describes the plans of the Navy for placing such
Maritime Prepositioning Ship squadron, or component
thereof, on reduced operating status; and
(B) sets forth comments of the Chief of Naval
Operations on the assessment described in paragraph (1).
(3) The date on which the Secretary of Defense certifies to
the congressional defense committees that the risks to readiness
of placing such Maritime Prepositioning squadron, or component
thereof, on reduced operating status are acceptable.
SEC. 1014. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR NAMING
THE VESSELS OF THE NAVY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on the policies and practices of the Navy for naming vessels of
the Navy.
(b) Elements.--The report required by subsection (a) shall set forth
the following:
(1) A description of the current policies and practices of
the Navy for naming vessels of the Navy.
(2) A description of the extent to which the policies and
practices described under paragraph (1) vary from historical
policies and practices of the Navy for naming vessels of the
Navy, and an explanation for such variances (if any).
(3) An assessment of the feasibility and advisability of
establishing fixed policies for the naming of one or more
classes of vessels of the Navy, and a statement of the policies
recommended to apply to each class of vessels recommended to be
covered by such fixed policies if the establishment of such
fixed policies is considered feasible and advisable.
[[Page 125 STAT. 1561]]
(4) Any other matters relating to the policies and practices
of the Navy for naming vessels of the Navy that the Secretary of
Defense considers appropriate.
SEC. 1015. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE NAVY.
(a) Transfer From MARAD Authorized.--The Secretary of the Navy may,
subject to appropriations, from funds available for the Department of
Defense for fiscal year 2012, provide to the Maritime Administration of
the Department of Transportation an amount not to exceed $35,000,000 for
the transfer by the Maritime Administration to the Department of the
Navy of jurisdiction and control over the vessels as follows:
(1) M/V HUAKAI.
(2) M/V ALAKAI.
(b) Use as Department of Defense Sealift Vessels.--Each vessel
transferred to the Department of the Navy under subsection (a) shall be
administered as a Department of Defense sealift vessel (as such term is
defined in section 2218(k)(2) of title 10, United States Code).
SEC. 1016. MODIFICATION OF CONDITIONS ON STATUS OF RETIRED
AIRCRAFT CARRIER EX-JOHN F. KENNEDY.
Section 1011(c)(2) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2374) is amended
by striking ``shall require'' and all that follows and inserting ``may,
notwithstanding paragraph (1), demilitarize the vessel in preparation
for the transfer.''.
SEC. 1017. ASSESSMENT OF STATIONING OF ADDITIONAL DDG-51 CLASS
DESTROYERS AT NAVAL STATION MAYPORT,
FLORIDA.
(a) Navy Assessment Required.--
(1) In general.--Not <<NOTE: Deadline.>> later than one
year after the date of the enactment of this Act, the Secretary
of the Navy shall conduct an analysis of the costs and benefits
of stationing additional DDG-51 class destroyers at Naval
Station Mayport, Florida.
(2) Elements.--The analysis required by paragraph (1) shall
include, at a minimum, the following:
(A) Consideration of the negative effects on the
ship repair industrial base at Naval Station Mayport
caused by the retirement of FFG-7 class frigates and the
procurement delays of the Littoral Combat Ship,
including, in particular, the increase in costs (which
would be passed on to the taxpayer) of reconstituting
the ship repair industrial base at Naval Station Mayport
following the projected drastic decrease in workload.
(B) Updated consideration of life extensions of FFG-
7 class frigates in light of continued delays in
deliveries of the Littoral Combat Ship deliveries.
(C) Consideration of the possibility of bringing
additional surface warships to Naval Station Mayport for
maintenance with the consequence of spreading the ship
repair workload appropriately amongst the various public
and private shipyards and ensuring the long-term health
of the shipyard in Mayport.
(b) Comptroller General of the United States Assessment.--
Not <<NOTE: Deadline. Determination.>> later than 120 days after the
submittal of the report
[[Page 125 STAT. 1562]]
required by subsection (a), the Comptroller General of the United States
shall submit to Congress an assessment by the Comptroller General of the
report, including a determination whether or not the report complies
with applicable best practices.
Subtitle D--Counterterrorism
SEC. 1021. <<NOTE: 10 USC 801 note.>> AFFIRMATION OF AUTHORITY OF
THE ARMED FORCES OF THE UNITED STATES TO
DETAIN COVERED PERSONS PURSUANT TO THE
AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General.--Congress affirms that the authority of the
President to use all necessary and appropriate force pursuant to the
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C.
1541 note) includes the authority for the Armed Forces of the United
States to detain covered persons (as defined in subsection (b)) pending
disposition under the law of war.
(b) Covered Persons.--A covered person under this section is any
person as follows:
(1) A person who planned, authorized, committed, or aided
the terrorist attacks that occurred on September 11, 2001, or
harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported
al-Qaeda, the Taliban, or associated forces that are engaged in
hostilities against the United States or its coalition partners,
including any person who has committed a belligerent act or has
directly supported such hostilities in aid of such enemy forces.
(c) Disposition Under Law of War.--The disposition of a person under
the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the
end of the hostilities authorized by the Authorization for Use
of Military Force.
(2) Trial under chapter 47A of title 10, United States Code
(as amended by the Military Commissions Act of 2009 (title XVIII
of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent
tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person's
country of origin, any other foreign country, or any other
foreign entity.
(d) Construction.--Nothing in this section is intended to limit or
expand the authority of the President or the scope of the Authorization
for Use of Military Force.
(e) Authorities.--Nothing in this section shall be construed to
affect existing law or authorities relating to the detention of United
States citizens, lawful resident aliens of the United States, or any
other persons who are captured or arrested in the United States.
(f) Requirement for Briefings of Congress.--The Secretary of Defense
shall regularly brief Congress regarding the application of the
authority described in this section, including the organizations,
entities, and individuals considered to be ``covered persons'' for
purposes of subsection (b)(2).
[[Page 125 STAT. 1563]]
SEC. 1022. <<NOTE: 10 USC 801 note.>> MILITARY CUSTODY FOR FOREIGN
AL-QAEDA TERRORISTS.
(a) Custody Pending Disposition Under Law of War.--
(1) In general.--Except as provided in paragraph (4), the
Armed Forces of the United States shall hold a person described
in paragraph (2) who is captured in the course of hostilities
authorized by the Authorization for Use of Military Force
(Public Law 107-40) in military custody pending disposition
under the law of war.
(2) Covered persons.--The <<NOTE: Applicability.>>
requirement in paragraph (1) shall apply to any person whose
detention is authorized under section 1021 who is determined--
(A) to be a member of, or part of, al-Qaeda or an
associated force that acts in coordination with or
pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning
or carrying out an attack or attempted attack against
the United States or its coalition partners.
(3) Disposition under law of war.--For purposes of this
subsection, the disposition of a person under the law of war has
the meaning given in section 1021(c), except that no transfer
otherwise described in paragraph (4) of that section shall be
made unless consistent with the requirements of section 1028.
(4) Waiver for national security.--The President may waive
the requirement of paragraph (1) if the President submits to
Congress a certification in writing that such a waiver is in the
national security interests of the United States.
(b) Applicability to United States Citizens and Lawful Resident
Aliens.--
(1) United states citizens.--The requirement to detain a
person in military custody under this section does not extend to
citizens of the United States.
(2) Lawful resident aliens.--The requirement to detain a
person in military custody under this section does not extend to
a lawful resident alien of the United States on the basis of
conduct taking place within the United States, except to the
extent permitted by the Constitution of the United States.
(c) Implementation Procedures.--
(1) <<NOTE: Deadline. President.>> In general.--Not later
than 60 days after the date of the enactment of this Act, the
President shall issue, and submit to Congress, procedures for
implementing this section.
(2) Elements.--The procedures for implementing this section
shall include, but not be limited to, procedures as follows:
(A) Procedures designating the persons authorized to
make determinations under subsection (a)(2) and the
process by which such determinations are to be made.
(B) Procedures providing that the requirement for
military custody under subsection (a)(1) does not
require the interruption of ongoing surveillance or
intelligence gathering with regard to persons not
already in the custody or control of the United States.
(C) Procedures providing that a determination under
subsection (a)(2) is not required to be implemented
until after the conclusion of an interrogation which is
ongoing at the time the determination is made and does
not require the interruption of any such ongoing
interrogation.
[[Page 125 STAT. 1564]]
(D) Procedures providing that the requirement for
military custody under subsection (a)(1) does not apply
when intelligence, law enforcement, or other Government
officials of the United States are granted access to an
individual who remains in the custody of a third
country.
(E) Procedures providing that a certification of
national security interests under subsection (a)(4) may
be granted for the purpose of transferring a covered
person from a third country if such a transfer is in the
interest of the United States and could not otherwise be
accomplished.
(d) Authorities.--Nothing in this section shall be construed to
affect the existing criminal enforcement and national security
authorities of the Federal Bureau of Investigation or any other domestic
law enforcement agency with regard to a covered person, regardless
whether such covered person is held in military custody.
(e) <<NOTE: Applicability.>> Effective Date.--This section shall
take effect on the date that is 60 days after the date of the enactment
of this Act, and shall apply with respect to persons described in
subsection (a)(2) who are taken into the custody or brought under the
control of the United States on or after that effective date.
SEC. 1023. <<NOTE: 10 USC 801 note.>> PROCEDURES FOR PERIODIC
DETENTION REVIEW OF INDIVIDUALS DETAINED
AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Procedures Required.--Not <<NOTE: Deadline. Reports.>> later
than 180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the appropriate committees of Congress a
report setting forth procedures for implementing the periodic review
process required by Executive Order No. 13567 for individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, pursuant to the
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C.
1541 note).
(b) Covered Matters.--The procedures submitted under subsection (a)
shall, at a minimum--
(1) clarify that the purpose of the periodic review process
is not to determine the legality of any detainee's law of war
detention, but to make discretionary determinations whether or
not a detainee represents a continuing threat to the security of
the United States;
(2) clarify that the Secretary of Defense is responsible for
any final decision to release or transfer an individual detained
in military custody at United States Naval Station, Guantanamo
Bay, Cuba, pursuant to the Executive Order referred to in
subsection (a), and that in making such a final decision, the
Secretary shall consider the recommendation of a periodic review
board or review committee established pursuant to such Executive
Order, but shall not be bound by any such recommendation;
(3) clarify that the periodic review process applies to any
individual who is detained as an unprivileged enemy belligerent
at United States Naval Station, Guantanamo Bay, Cuba, at any
time; and
(4) ensure that appropriate consideration is given to
factors addressing the need for continued detention of the
detainee, including--
(A) the likelihood the detainee will resume
terrorist activity if transferred or released;
[[Page 125 STAT. 1565]]
(B) the likelihood the detainee will reestablish
ties with al-Qaeda, the Taliban, or associated forces
that are engaged in hostilities against the United
States or its coalition partners if transferred or
released;
(C) the likelihood of family, tribal, or government
rehabilitation or support for the detainee if
transferred or released;
(D) the likelihood the detainee may be subject to
trial by military commission; and
(E) any law enforcement interest in the detainee.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1024. <<NOTE: 10 USC 801 note.>> PROCEDURES FOR STATUS
DETERMINATIONS.
(a) In General.--Not <<NOTE: Deadline. Reports.>> later than 90
days after the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate committees of Congress a report
setting forth the procedures for determining the status of persons
detained pursuant to the Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note) for purposes of section 1021.
(b) Elements of Procedures.--The procedures required by this section
shall provide for the following in the case of any unprivileged enemy
belligerent who will be held in long-term detention under the law of war
pursuant to the Authorization for Use of Military Force:
(1) A military judge shall preside at proceedings for the
determination of status of an unprivileged enemy belligerent.
(2) An unprivileged enemy belligerent may, at the election
of the belligerent, be represented by military counsel at
proceedings for the determination of status of the belligerent.
(c) Applicability.--The Secretary of Defense is not required to
apply the procedures required by this section in the case of a person
for whom habeas corpus review is available in a Federal court.
(d) Report on Modification of Procedures.--The Secretary of Defense
shall submit to the appropriate committees of Congress a report on any
modification of the procedures submitted under this section. The report
on any such modification shall be so submitted not later than 60 days
before the date on which such modification goes into effect.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1025. <<NOTE: 10 USC 801 note.>> REQUIREMENT FOR NATIONAL
SECURITY PROTOCOLS GOVERNING DETAINEE
COMMUNICATIONS.
(a) In General.--Not <<NOTE: Deadline.>> later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
develop and submit to the congressional defense committees a national
[[Page 125 STAT. 1566]]
security protocol governing communications to and from individuals
detained at United States Naval Station, Guantanamo Bay, Cuba, pursuant
to the Authorization for Use of Military Force (Public Law 107-40; 50
U.S.C. 1541 note), and related issues.
(b) Contents.--The protocol developed pursuant to subsection (a)
shall include Department of Defense policies and procedures regarding
each of the following:
(1) Detainee access to military or civilian legal
representation, or both, including any limitations on such
access and the manner in which any applicable legal privileges
will be balanced with national security considerations.
(2) Detainee communications with persons other than Federal
Government personnel and members of the Armed Forces, including
meetings, mail, phone calls, and video teleconferences,
including--
(A) any limitations on categories of information
that may be discussed or materials that may be shared;
and
(B) the process by which such communications or
materials are to be monitored or reviewed.
(3) The extent to which detainees may receive visits by
persons other than military or civilian representatives.
(4) The measures planned to be taken to implement and
enforce the provisions of the protocol.
(c) Updates.--The Secretary of Defense shall notify the
congressional defense committees of any significant change to the
policies and procedures described in the protocol submitted pursuant to
subsection (a) not later than 30 days after such change is made.
(d) Form of Protocol.--The protocol submitted pursuant to subsection
(a) may be submitted in classified form.
SEC. 1026. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to the Department of Defense for fiscal year
2012 may be used to construct or modify any facility in the United
States, its territories, or possessions to house any individual detained
at Guantanamo for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense unless
authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section, the
term ``individual detained at Guantanamo'' has the meaning given that
term in section 1028(e)(2).
(d) Repeal of Superseded Authority.--Section 1034 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4353) is amended by striking subsections (a), (b), and
(c).
SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA.
None <<NOTE: Khalid Sheikh Mohammed.>> of the funds authorized to
be appropriated by this Act for fiscal year 2012 may be used to
transfer, release, or assist
[[Page 125 STAT. 1567]]
in the transfer or release to or within the United States, its
territories, or possessions of Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 1028. <<NOTE: 10 USC 801 note.>> REQUIREMENTS FOR
CERTIFICATIONS RELATING TO THE TRANSFER
OF DETAINEES AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO
FOREIGN COUNTRIES AND OTHER FOREIGN
ENTITIES.
(a) Certification Required Prior to Transfer.--
(1) <<NOTE: Deadline.>> In general.--Except as provided in
paragraph (2) and subsection (d), the Secretary of Defense may
not use any amounts authorized to be appropriated or otherwise
available to the Department of Defense for fiscal year 2012 to
transfer any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity unless the Secretary
submits to Congress the certification described in subsection
(b) not later than 30 days before the transfer of the
individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) <<NOTE: Notification.>> an order affecting the
disposition of the individual that is issued by a court
or competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(b) Certification.--A certification described in this subsection is
a written certification made by the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation with the
Director of National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains control over each detention facility
in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the date of the certification,
facing a threat that is likely to substantially affect
its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions to
ensure that the individual cannot take action to
threaten the United States, its citizens, or its allies
in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or reengage in any
terrorist activity; and
(F) has agreed to share with the United States any
information that--
[[Page 125 STAT. 1568]]
(i) is related to the individual or any
associates of the individual; and
(ii) could affect the security of the United
States, its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to the
Secretary's certifications.
(c) Prohibition in Cases of Prior Confirmed Recidivism.--
(1) Prohibition.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any amounts
authorized to be appropriated or otherwise made available to the
Department of Defense to transfer any individual detained at
Guantanamo to the custody or control of the individual's country
of origin, any other foreign country, or any other foreign
entity if there is a confirmed case of any individual who was
detained at United States Naval Station, Guantanamo Bay, Cuba,
at any time after September 11, 2001, who was transferred to
such foreign country or entity and subsequently engaged in any
terrorist activity.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) <<NOTE: Notification.>> an order affecting the
disposition of the individual that is issued by a court
or competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress
of promptly after issuance); or
(B) a pre-trial agreement entered in a military
commission case prior to the date of the enactment of
this Act.
(d) National Security Waiver.--
(1) <<NOTE: Determination.>> In general.--The Secretary of
Defense may waive the applicability to a detainee transfer of a
certification requirement specified in subparagraph (D) or (E)
of subsection (b)(1) or the prohibition in subsection (c), if
the Secretary certifies the rest of the criteria required by
subsection (b) for transfers prohibited by subsection (c) and,
with the concurrence of the Secretary of State and in
consultation with the Director of National Intelligence,
determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to
be waived;
(B) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), it is not possible to certify
that the risks addressed in the paragraph to be waived
have been completely eliminated, but the actions to be
taken under subparagraph (A) will substantially mitigate
such risks with regard to the individual to be
transferred;
(C) in the case of a waiver of subsection (c), the
Secretary has considered any confirmed case in which an
individual who was transferred to the country
subsequently engaged in terrorist activity, and the
actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with
regard to the individual to be transferred; and
(D) the transfer is in the national security
interests of the United States.
[[Page 125 STAT. 1569]]
(2) Reports.--Whenever the Secretary makes a determination
under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress, not later than 30 days
before the transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver
concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the
national security interests of the United States;
and
(ii) in the case of a waiver of subparagraph
(D) or (E) of subsection (b)(1), an explanation
why it is not possible to certify that the risks
addressed in the subparagraph to be waived have
been completely eliminated.
(C) A summary of the alternative actions to be taken
to address the underlying purpose of, and to mitigate
the risks addressed in, the subparagraph or subsection
to be waived.
(D) The assessment required by subsection (b)(2).
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means any
individual located at United States Naval Station, Guantanamo
Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(f) Repeal of Superseded Authority.--Section 1033 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4351) is repealed.
SEC. 1029. <<NOTE: 10 USC 801 note.>> REQUIREMENT FOR CONSULTATION
REGARDING PROSECUTION OF TERRORISTS.
(a) In General.--Before seeking an indictment of, or otherwise
charging, an individual described in subsection (b) in a Federal court,
the Attorney General shall consult with the Director of National
Intelligence and the Secretary of Defense about--
(1) whether the more appropriate forum for prosecution would
be a Federal court or a military commission; and
(2) whether the individual should be held in civilian
custody or military custody pending prosecution.
[[Page 125 STAT. 1570]]
(b) Applicability.--The consultation requirement in subsection (a)
applies to--
(1) a person who is subject to the requirements of section
1022, in accordance with a determination made pursuant to
subsection (a)(2) of such section; and
(2) any other person who is held in military detention
outside of the United States pursuant to the authority affirmed
by section 1021.
SEC. 1030. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF
CAPITAL OFFENSE BY MILITARY COMMISSION.
(a) Clarification of Right.--Section 949m(b)(2) of title 10, United
States Code, is amended--
(1) in subparagraph (C), by inserting before the semicolon
the following: ``, or a guilty plea was accepted and not
withdrawn prior to announcement of the sentence in accordance
with section 949i(b) of this title''; and
(2) in subparagraph (D), by inserting ``on the sentence''
after ``vote was taken''.
(b) Pre-Trial Agreements.--Section 949i of such title is amended--
(1) in the first sentence of subsection (b)--
(A) by inserting after ``military judge'' the
following: ``, including a charge or specification that
has been referred capital,'';
(B) by inserting ``by the military judge'' after
``may be entered''; and
(C) by inserting ``by the members'' after ``vote'';
and
(2) by adding at the end the following new subsection:
``(c) Pre-Trial Agreements.--(1) A plea of guilty made by the
accused that is accepted by a military judge under subsection (b) and
not withdrawn prior to announcement of the sentence may form the basis
for an agreement reducing the maximum sentence approved by the convening
authority, including the reduction of a sentence of death to a lesser
punishment, or that the case will be referred to a military commission
under this chapter without seeking the penalty of death. Such an
agreement may provide for terms and conditions in addition to a guilty
plea by the accused in order to be effective.
``(2) A plea agreement under this subsection may not provide for a
sentence of death imposed by a military judge alone. A sentence of death
may only be imposed by the unanimous vote of all members of a military
commission concurring in the sentence of death as provided in section
949m(b)(2)(D) of this title.''.
SEC. 1031. <<NOTE: 10 USC 167 note.>> COUNTERTERRORISM OPERATIONAL
BRIEFING REQUIREMENT.
(a) Briefings Required.--Beginning <<NOTE: Deadlines.>> not later
than March 1, 2012, the Secretary of Defense shall provide to the
congressional defense committees quarterly briefings outlining
Department of Defense counterterrorism operations and related activities
involving special operations forces.
(b) Elements.--Each briefing under subsection (a) shall include each
of the following:
(1) A global update on activity within each geographic
combatant command.
(2) An overview of authorities and legal issues including
limitations.
[[Page 125 STAT. 1571]]
(3) An outline of interagency activities and initiatives.
(4) Any other matters the Secretary considers appropriate.
SEC. 1032. <<NOTE: 50 USC 404a note.>> NATIONAL SECURITY PLANNING
GUIDANCE TO DENY SAFE HAVENS TO AL-QAEDA
AND ITS VIOLENT EXTREMIST AFFILIATES.
(a) Purpose.--The purpose of this section is to improve interagency
strategic planning and execution to more effectively integrate efforts
to deny safe havens and strengthen at-risk states to further the goals
of the National Security Strategy related to the disruption,
dismantlement, and defeat of al-Qaeda and its violent extremist
affiliates.
(b) <<NOTE: President.>> National Security Planning Guidance.--
(1) Guidance required.--The President shall issue classified
or unclassified national security planning guidance in support
of objectives stated in the national security strategy report
submitted to Congress by the President pursuant to section 108
of the National Security Act of 1947 (50 U.S.C. 404a) to deny
safe havens to al-Qaeda and its violent extremist affiliates and
to strengthen at-risk states. Such guidance shall serve as the
strategic plan that governs United States and coordinated
international efforts to enhance the capacity of governmental
and nongovernmental entities to work toward the goal of
eliminating the ability of al-Qaeda and its violent extremist
affiliates to establish or maintain safe havens.
(2) Contents of guidance.--The guidance required under
paragraph (1) shall include each of the following:
(A) <<NOTE: Determination.>> A prioritized list of
specified geographic areas that the President determines
are necessary to address and an explicit discussion and
list of the criteria or rationale used to prioritize the
areas on the list, including a discussion of the
conditions that would hamper the ability of the United
States to strengthen at-risk states or other entities in
such areas.
(B) For each specified geographic area, a
description, analysis, and discussion of the core
problems and contributing issues that allow or could
allow al-Qaeda and its violent extremist affiliates to
use the area as a safe haven from which to plan and
launch attacks, engage in propaganda, or raise funds and
other support, including any ongoing or potential
radicalization of the population, or to use the area as
a key transit route for personnel, weapons, funding, or
other support.
(C) A list of short-term, mid-term, and long-term
goals for each specified geographic area, prioritized by
importance.
(D) A description of the role and mission of each
Federal department and agency involved in executing the
guidance, including the Departments of Defense, Justice,
Treasury, and State and the Agency for International
Development.
(E) A description of gaps in United States
capabilities to meet the goals listed pursuant to
subparagraph (C), and the extent to which those gaps can
be met through coordination with nongovernmental,
international, or private sector organizations,
entities, or companies.
[[Page 125 STAT. 1572]]
(3) Review and update of guidance.--The President shall
review and update the guidance required under paragraph (1) as
necessary. Any such review shall address each of the following:
(A) The overall progress made toward achieving the
goals listed pursuant to paragraph (2)(C), including an
overall assessment of the progress in denying a safe
haven to al-Qaeda and its violent extremist affiliates.
(B) The performance of each Federal department and
agency involved in executing the guidance.
(C) The performance of the unified country team and
appropriate combatant command, or in the case of a
cross-border effort, country teams in the area and the
appropriate combatant command.
(D) Any addition to, deletion from, or change in the
order of the prioritized list maintained pursuant to
paragraph (2)(A).
(4) Specified geographic area defined.--In this subsection,
the term ``specified geographic area'' means any country,
subnational territory, or region--
(A) that serves or may potentially serve as a safe
haven for al-Qaeda or a violent extremist affiliate of
al-Qaeda--
(i) from which to plan and launch attacks,
engage in propaganda, or raise funds and other
support; or
(ii) for use as a key transit route for
personnel, weapons, funding, or other support; and
(B) over which one or more governments or entities
exert insufficient governmental or security control to
deny al-Qaeda and its violent extremist affiliates the
ability to establish a large scale presence.
SEC. 1033. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING
TERRORISM.
Section 127b of title 10, United States Code, is amended--
(1) in subsection (c)(3)(C), by striking ``September 30,
2011'' and inserting ``September 30, 2013''; and
(2) in subsection (f)--
(A) in paragraph (1), by striking ``December'' and
inserting ``February''; and
(B) in paragraph (2)--
(i) in subparagraph (C)(ii), by inserting
``and the recipient's geographic location'' after
``reward''; and
(ii) by adding at the end the following new
subparagraphs:
``(E) A description of the status of program
implementation in each geographic combatant command.
``(F) A description of efforts to coordinate and de-
conflict the authority under subsection (a) with similar
rewards programs administered by the United States
Government.
``(G) An assessment of the effectiveness of the
program in meeting its objectives.''.
SEC. 1034. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS ACT OF
2009.
(a) Reference to How Charges Are Made.--Section 949a(b)(2)(C) of
title 10, United States Code, is amended by striking ``preferred'' in
clauses (i) and (ii) and inserting ``sworn''.
[[Page 125 STAT. 1573]]
(b) Judges of United States Court of Military Commission Review.--
Section 949b(b) of such title is amended--
(1) in paragraph (1)(A), by striking ``a military appellate
judge or other duly appointed judge under this chapter on'' and
inserting ``a judge on'';
(2) in paragraph (2), by striking ``a military appellate
judge on'' and inserting ``a judge on''; and
(3) in paragraph (3)(B), by striking ``an appellate military
judge or a duly appointed appellate judge on'' and inserting ``a
judge on''.
(c) Panels of United States Court of Military Commission Review.--
Section 950f(a) of such title is amended by striking ``appellate
military judges'' in the second sentence and inserting ``judges on the
Court''.
(d) Review of Final Judgments by United States Court of Appeals for
the D.C. Circuit.--
(1) Clarification of matter subject to review.--Subsection
(a) of section 950g of such title is amended by inserting ``as
affirmed or set aside as incorrect in law by'' after ``where
applicable,''.
(2) Clarification on time for seeking review.--Subsection
(c) of such section is amended--
(A) in the matter preceding paragraph (1), by
striking ``by the accused'' and all that follows through
``which--'' and inserting ``in the Court of Appeals--'';
(B) in paragraph (1)--
(i) by inserting ``not later than 20 days
after the date on which'' after ``(1)''; and
(ii) by striking ``on the accused or on
defense counsel'' and inserting ``on the
parties''; and
(C) in paragraph (2)--
(i) by inserting ``if'' after ``(2)''; and
(ii) by inserting before the period the
following: ``, not later than 20 days after the
date on which such notice is submitted''.
Subtitle E--Nuclear Forces
SEC. 1041. BIENNIAL ASSESSMENT AND REPORT ON THE DELIVERY
PLATFORMS FOR NUCLEAR WEAPONS AND THE
NUCLEAR COMMAND AND CONTROL SYSTEM.
(a) In General.--Chapter 23 of title 10, United States Code, is
amended by adding after section 490 the following new section:
``Sec. 490a. Biennial assessment and report on the delivery
platforms for nuclear weapons and the nuclear
command and control system
``(a) Biennial Assessments.--(1) For each even-numbered year, each
covered official shall assess the safety, security, reliability,
sustainability, performance, and military effectiveness of the systems
described in paragraph (2) for which such official has responsibility.
``(2) The systems described in this paragraph are the following:
``(A) Each type of delivery platform for nuclear weapons.
``(B) The nuclear command and control system.
[[Page 125 STAT. 1574]]
``(b) Biennial Report.--(1) Not later than December 1 of each even-
numbered year, each covered official shall submit to the Secretary of
Defense and the Nuclear Weapons Council established by section 179 of
this title a report on the assessments conducted under subsection (a).
``(2) Each report under paragraph (1) shall include the following:
``(A) The results of the assessment.
``(B) An identification and discussion of any capability
gaps or shortfalls with respect to the systems described in
subsection (a)(2) covered under the assessment.
``(C) An identification and discussion of any risks with
respect to meeting mission or capability requirements.
``(D) In the case of an assessment by the Commander of the
United States Strategic Command, if the Commander identifies any
deficiency with respect to a nuclear weapons delivery platform
covered under the assessment, a discussion of the relative
merits of any other nuclear weapons delivery platform type or
compensatory measure that would accomplish the mission of such
nuclear weapons delivery platform.
``(E) An identification and discussion of any matter having
an adverse effect on the capability of the covered official to
accurately determine the matters covered by the assessment.
``(c) Report to President and Congress.--(1) Not later than March 1
of each year following a year for which a report under subsection (b) is
submitted, the Secretary of Defense shall submit to the President a
report containing--
``(A) each report under subsection (b) submitted during the
previous year, as originally submitted to the Secretary;
``(B) any comments that the Secretary considers appropriate
with respect to each such report;
``(C) any conclusions that the Secretary considers
appropriate with respect to the safety, security, reliability,
sustainability, performance, or military effectiveness of the
systems described in subsection (a)(2); and
``(D) any other information that the Secretary considers
appropriate.
``(2) Not later than March 15 of each year during which a report
under paragraph (1) is submitted, the President shall transmit to the
congressional defense committees the report submitted to the President
under paragraph (1), including any comments the President considers
appropriate.
``(3) <<NOTE: Determination.>> Each report under this subsection
may be in classified form if the Secretary of Defense determines it
necessary.
``(d) Covered Official Defined.--In this section, the term `covered
official' means--
``(1) the Commander of the United States Strategic Command;
``(2) the Director of the Strategic Systems Program of the
Navy; and
``(3) the Commander of the Global Strike Command of the Air
Force.''.
(b) <<NOTE: 10 USC 490a note.>> Initial Assessment and Reports.--
Not later than 30 days after the date of enactment of this Act, each
covered official, as such term is defined in subsection (d) of section
490a of title 10, United States Code, as added by subsection (a), shall
conduct an initial assessment as described by subsection (a) of such
section and submit an initial report as described by subsection (b) of
such
[[Page 125 STAT. 1575]]
section. The <<NOTE: Applicability.>> requirements of subsection (c) of
such section shall apply with respect to the report submitted under this
subsection.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
490 the following new item:
``490a. Biennial assessment and report on the delivery platforms for
nuclear weapons and the nuclear command and control
system.''.
SEC. 1042. PLAN ON IMPLEMENTATION OF THE NEW START TREATY.
(a) Plan Required.--Not <<NOTE: Deadline.>> later than 30 days
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of the Navy, the Secretary of the Air
Force, and the Commander of the United States Strategic Command, shall
submit to the congressional defense committees and to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a plan for the Department of Defense to
implement the nuclear force reductions, limitations, and verification
and transparency measures contained in the New START Treaty.
(b) Matters Included.--The plan under subsection (a) shall include
the following:
(1) A description of the nuclear force structure of the
United States under the New START Treaty, including--
(A) the composition of intercontinental ballistic
missiles, submarine launched ballistic missiles, and
bombers;
(B) the planned composition of the types and
quantity of warheads for each delivery vehicle described
in subparagraph (A);
(C) the number of nondeployed and retired warheads;
and
(D) the plans for maintaining the flexibility of the
nuclear force structure within the limits of the New
START Treaty.
(2) A description of changes necessary to implement the
reductions, limitations, and verification and transparency
measures contained in the New START Treaty, including--
(A) how each military department plans to implement
such changes; and
(B) an identification of any programmatic,
operational, or policy effects resulting from such
changes.
(3) The total costs associated with the reductions,
limitations, and verification and transparency measures
contained in the New START Treaty, and the funding profile by
year and program element.
(4) An implementation schedule and associated key decision
points.
(5) A description of options for and feasibility of
accelerating the implementation of the New START Treaty,
including a description of any potential cost savings, benefits,
or risks resulting from such acceleration.
(6) Any other information the Secretary considers necessary.
(c) Comptroller General Review.--Not <<NOTE: Deadline.>> later than
180 days after the date on which the plan is submitted under subsection
(a), the Comptroller General of the United States shall submit to the
congressional defense committees a review of the plan.
[[Page 125 STAT. 1576]]
(d) Form.--The plan under subsection (a) and the review under
subsection (c) shall be submitted in unclassified form, but may include
a classified annex.
(e) New START Treaty Defined.--In this section, the term ``New START
Treaty'' means the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed on April 8, 2010, and entered into
force on February 5, 2011.
SEC. 1043. ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS
STOCKPILE, NUCLEAR WEAPONS COMPLEX,
NUCLEAR WEAPONS DELIVERY SYSTEMS, AND
NUCLEAR WEAPONS COMMAND AND CONTROL
SYSTEM.
(a) Report on the Plan for the Nuclear Weapons Stockpile, Nuclear
Weapons Complex, Nuclear Weapons Delivery Systems, and Nuclear Weapons
Command and Control System.--
(1) In general.--Together <<NOTE: President.>> with the
budget of the President submitted to Congress under section
1105(a) of title 31, United States Code, for each of fiscal
years 2013 through 2019, the President, in consultation with the
Secretary of Defense and the Secretary of Energy, shall transmit
to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a detailed report on the
plan for the nuclear weapons stockpile, nuclear weapons complex,
nuclear weapons delivery systems, and nuclear weapons command
and control system.
(2) Elements.--Each report required under paragraph (1)
shall include the following:
(A) A detailed description of the plan to enhance
the safety, security, and reliability of the nuclear
weapons stockpile of the United States.
(B) A detailed description of the plan to sustain
and modernize the nuclear weapons complex, including
improving the safety of facilities, modernizing the
infrastructure, and maintaining the key capabilities and
competencies of the nuclear weapons workforce, including
designers and technicians.
(C) A detailed description of the plan to maintain,
modernize, and replace delivery systems for nuclear
weapons.
(D) A detailed description of the plan to sustain
and modernize the nuclear weapons command and control
system.
(E) A detailed description of any plans to retire,
dismantle, or eliminate any nuclear warheads or bombs,
nuclear weapons delivery systems, or any platforms
(including silos and submarines) which carry such
nuclear warheads, bombs, or delivery systems.
(F) A detailed estimate of budget requirements,
including the costs associated with the plans outlined
under subparagraphs (A) through (E), over the 10-year
period following the date of the report.
(G) A detailed description of the steps taken to
implement the plan submitted in the previous year,
including
[[Page 125 STAT. 1577]]
difficulties encountered in implementing the plan in the
previous year.
(b) Form.--The reports under subsection (a) shall be submitted in
unclassified form (including as much detail as possible), but may
include a classified annex.
SEC. 1044. SENSE OF CONGRESS ON NUCLEAR FORCE REDUCTIONS.
It is the sense of Congress that--
(1) any reductions in the nuclear forces of the United
States should be supported by a thorough assessment of the
strategic environment, threat, and policy and the technical and
operational implications of such reductions; and
(2) specific criteria are necessary to guide future
decisions regarding further reductions in the nuclear forces of
the United States.
SEC. 1045. <<NOTE: 50 USC 2523b.>> NUCLEAR FORCE REDUCTIONS.
(a) Implementation of New START Treaty.--
(1) Sense of congress.--It is the Sense of Congress that--
(A) the United States is committed to maintaining a
safe, secure, reliable, and credible nuclear deterrent;
(B) the United States should undertake and support
an enduring stockpile stewardship program and maintain
and modernize nuclear weapons production capabilities
and capacities to ensure the safety, security,
reliability, and credibility of the United States
nuclear deterrent and to meet requirements for hedging
against possible international developments or technical
problems;
(C) the United States should maintain nuclear
weapons laboratories and plants and preserve the
intellectual infrastructure, including competencies and
skill sets; and
(D) the United States should provide the necessary
resources to achieve these goals, using as a starting
point the levels set forth in the President's 10-year
plan provided to Congress pursuant to section 1251 of
the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2549).
(2) <<NOTE: President. Determination.>> Report.--If the
President determines that an appropriations Act is enacted that
fails to meet the resource requirements set forth in the plan
referred to in section 1251 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2549), or, if at any time, determines that more resources
are required to carry out such plan than were estimated, the
President shall submit to Congress, within 60 days of making
such a determination, a report detailing--
(A) a plan to address the resource shortfall;
(B) if more resources are required to carry out the
plan than were estimated, the level of funding needed,
and a detailed explanation of the purpose or purposes
for which the additional resources will be used;
(C) any effects on the safety, security,
reliability, or credibility of United States nuclear
forces due to the shortfall or the identified additional
resources required; and
(D) an explanation of whether any planned reductions
in United States nuclear forces are still in the
national interest of the United States in view of the
resource shortfall or the identification of additional
required resources.
[[Page 125 STAT. 1578]]
(b) Annual Report on the Nuclear Weapons Stockpile of the United
States.--
(1) Sense of congress.--It is the sense of Congress that--
(A) sustained investments in the nuclear weapons
stockpile and the nuclear security complex are needed to
ensure a safe, secure, reliable, and credible nuclear
deterrent; and
(B) such investments could enable additional future
reductions in the hedge stockpile.
(2) Report required.--Not later than March 1, 2012, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report on the nuclear
weapons stockpile of the United States that includes the
following:
(A) An accounting of the weapons in the stockpile as
of the end of the fiscal year preceding the submission
of the report that includes all weapons in the active
and inactive stockpiles, both deployed and non-deployed,
and all categories and readiness states of such weapons.
(B) The planned force levels for each category of
nuclear weapon over the course of the future-years
defense program submitted to Congress under section 221
of title 10, United States Code, for the fiscal year
following the fiscal year in which the report is
submitted.
(c) Net Assessment of Nuclear Force Levels Required With Respect to
Certain Proposals to Reduce the Nuclear Weapons Stockpile of the United
States.--
(1) <<NOTE: President.>> In general.--If, during any year
beginning after the date of the enactment of this Act, the
President makes a proposal described in subsection (b)--
(A) the Commander of United States Strategic Command
shall conduct a net assessment of the current and
proposed nuclear forces of the United States and of
other countries that possess nuclear weapons to
determine whether the nuclear forces of the United
States are anticipated to be capable of meeting the
objectives of the United States with respect to nuclear
deterrence, extended deterrence, assurance of allies,
and defense;
(B) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives the assessment described in subparagraph
(A), unchanged, together with the explanatory views of
the Secretary, as the Secretary deems appropriate; and
(C) the Administrator of the National Nuclear
Security Administration shall submit to the Committees
on Armed Services of the Senate and House of
Representatives a report describing the current
capacities of the United States nuclear weapons
infrastructure to respond to a strategic development or
technical problem in the United States nuclear weapons
stockpile.
(2) Proposal described.--
(A) In general.--Except as provided in subparagraph
(B), a proposal described in this paragraph is a
proposal to reduce the number of nuclear weapons in the
active or inactive stockpiles of the United States to a
level that is lower than the level on the date of the
enactment of this Act.
[[Page 125 STAT. 1579]]
(B) Exceptions.--A proposal described in this
paragraph does not include--
(i) reductions that are a direct result of
activities associated with routine stockpile
stewardship, including stockpile surveillance,
logistics, or maintenance; or
(ii) nuclear weapons retired or awaiting
dismantlement on the date of the enactment of this
Act.
(3) Termination.--The requirement in paragraph (1) shall
terminate on December 31, 2017.
SEC. 1046. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) any future modification to the nuclear employment
strategy of the United States should maintain or enhance the
ability of the nuclear forces of the United States to support
the goals of the United States with respect to nuclear
deterrence, extended deterrence, and assurances for allies, and
the defense of the United States; and
(2) the oversight responsibility of Congress includes
oversight of the nuclear employment strategy of the United
States and that therefore the Chairmen and Ranking Members of
the Committees on Armed Services of the Senate and House of
Representatives, and such professional staff as they designate,
should have access to the nuclear employment strategy of the
United States.
(b) Reports on Modification of Strategy.--
(1) In general.--Chapter 23 title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 491. <<NOTE: President.>> Nuclear employment strategy of
the United States: reports on modification of
strategy
``On the date on which the President issues a nuclear employment
strategy of the United States that differs from the nuclear employment
strategy of the United States then in force, the President shall submit
to Congress a report setting forth the following:
``(1) A description of the modifications to nuclear
employment strategy of the United States made by the strategy so
issued.
``(2) An assessment of effects of such modification for the
nuclear posture of the United States.
``(3) The implication of such changes on the flexibility and
resilience of the strategic forces of the United States and the
ability of such forces to support the goals of the United States
with respect to nuclear deterrence, extended deterrence,
assurance, and defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by adding at
the end the following new item:
``491. Nuclear employment strategy of the United States: reports on
modification of strategy.''.
SEC. 1047. COMPTROLLER GENERAL REPORT ON NUCLEAR WEAPON
CAPABILITIES AND FORCE STRUCTURE
REQUIREMENTS.
(a) Comptroller General Study Required.--The Comptroller General of
the United States shall conduct a study on the strategic
[[Page 125 STAT. 1580]]
nuclear weapons capabilities, force structure, employment policy, and
targeting requirements of the Department of Defense.
(b) Matters Covered.--The study conducted under subsection (a)
shall, at minimum, cover the following:
(1) An update to the September 1991 report of the
Comptroller General (GAO/NSIAD-91-319FS) titled ``Strategic
Weapons: Nuclear Weapons Targeting Process'' that addresses--
(A) the relationship between the strategic nuclear
targeting process and the determination of requirements
for nuclear weapons and related delivery systems;
(B) the level of civilian oversight;
(C) the categories and types of targets; and
(D) any other matters addressed in such report or
are otherwise considered appropriate by the Comptroller
General.
(2) The process and rigor used to determine the
effectiveness of nuclear weapons capabilities, force structures,
employment policies, and targeting requirements in achieving the
goals of deterrence, extended deterrence, assurance, and
defense.
(3) An assessment of the requirements of the Department of
Defense for strategic nuclear bomber aircraft and
intercontinental ballistic missiles, including assessments of
the extent to which the Secretary of Defense has--
(A) determined the force structure and capability
requirements for nuclear-capable strategic bomber
aircraft, bomber-delivered nuclear weapons, and
intercontinental ballistic missiles;
(B) synchronized the requirements described in
subparagraph (A) with plans to extend the service life
of nuclear gravity bombs, nuclear-armed cruise missiles,
and intercontinental ballistic missile warheads; and
(C) evaluated long-term intercontinental ballistic
missile alert posture requirements and basing options.
(c) Reports.--
(1) In general.--The Comptroller General shall submit to the
congressional defense committees one or more reports on the
study conducted under subsection (a).
(2) Form.--Any report submitted under this subsection may be
submitted in classified form, but if so submitted, an
unclassified version shall also be submitted with such
submission or at a later date.
(d) Cooperation.--The Secretary of Defense and Secretary of Energy
shall provide the Comptroller General full cooperation and access to
appropriate officials and information for the purposes of conducting
this study under subsection (a).
SEC. 1048. REPORT ON FEASIBILITY OF JOINT REPLACEMENT FUZE
PROGRAM.
Not later than December 31, 2012, the Secretary of the Navy and the
Secretary of the Air Force shall jointly submit to the congressional
defense committees a report on the feasibility of the joint replacement
fuze program for nuclear warheads of the Navy and the Air Force. The
report shall include an assessment of the feasibility of including
various options in the joint fuze and how
[[Page 125 STAT. 1581]]
the inclusion of such options will affect safety, security, reliability,
and adaptability, as well as the program schedule and budget.
Subtitle F--Financial Management
SEC. 1051. MODIFICATION OF AUTHORITIES ON CERTIFICATION AND
CREDENTIAL STANDARDS FOR FINANCIAL
MANAGEMENT POSITIONS IN THE DEPARTMENT
OF DEFENSE.
(a) In General.--Section 1599d of title 10, United States Code, is
amended to read as follows:
``Sec. 1599d. Financial management positions: authority to
prescribe professional certification and
credential standards
``(a) Authority To Prescribe Professional Certification and
Credential Standards.--The Secretary of Defense may prescribe
professional certification and credential standards for financial
management positions within the Department of Defense, including
requirements for formal education and requirements for certifications
that individuals have met predetermined qualifications set by an agency
of Government or by an industry or professional
group. <<NOTE: Regulations.>> Any such professional certification or
credential standard shall be prescribed as a Department regulation.
``(b) Waiver.--The Secretary may waive any standard prescribed under
subsection (a) whenever the Secretary determines such a waiver to be
appropriate.
``(c) Applicability.--(1) Except as provided in paragraph (2), the
Secretary may, in the Secretary's discretion--
``(A) require that a standard prescribed under subsection
(a) apply immediately to all personnel holding financial
management positions designated by the Secretary; or
``(B) delay the imposition of such a standard for a
reasonable period to permit persons holding financial management
positions so designated time to comply.
``(2) A formal education requirement prescribed under subsection (a)
shall not apply to any person employed by the Department in a financial
management position before the standard is prescribed.
``(d) Discharge of Authority.--The Secretary shall prescribe any
professional certification or credential standards under subsection (a)
through the Under Secretary of Defense (Comptroller), in consultation
with the Under Secretary of Defense for Personnel and Readiness.
``(e) Reports.--Not later than one year after the effective date of
any regulations prescribed under subsection (a), or any significant
modification of such regulations, the Secretary shall, in conjunction
with the Director of the Office of Personnel Management, submit to
Congress a report setting forth the plans of the Secretary to provide
training to appropriate Department personnel to meet any new
professional certification or credential standard under such regulations
or modification.
``(f) Financial Management Position Defined.--In this section, the
term `financial management position' means a position or group of
positions (including civilian and military positions), as designated by
the Secretary for purposes of this section, that
[[Page 125 STAT. 1582]]
perform, supervise, or manage work of a fiscal, financial management,
accounting, auditing, cost, or budgetary nature, or that require the
performance of financial management-related work.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 81 of such title is amended by striking the item relating to
section 1599d and inserting the following new item:
``1599d. Financial management positions: authority to prescribe
professional certification and credential standards.''.
SEC. 1052. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL
STATEMENTS.
Section <<NOTE: Deadline.>> 1008(c) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1206; 10 U.S.C. 113 note) is amended by striking ``Not later than
October 31'' and inserting ``Not later than the date that is 180 days
prior to the date set by the Office of Management and Budget for the
submission of financial statements''.
SEC. 1053. INCLUSION OF PLAN ON THE FINANCIAL MANAGEMENT WORKFORCE
IN THE STRATEGIC WORKFORCE PLAN OF THE
DEPARTMENT OF DEFENSE.
Section 115b of title 10, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Financial Management Workforce.--(1) Each strategic workforce
plan under subsection (a) shall include a separate chapter to
specifically address the shaping and improvement of the financial
management workforce of the Department of Defense, including both
military and civilian personnel of that workforce.
``(2) For purposes of paragraph (1), each plan shall include, with
respect to the financial management workforce of the Department--
``(A) an assessment of the matters set forth in
subparagraphs (A) through (D) of subsection (b)(1);
``(B) a plan of action meeting the requirements set forth in
subparagraphs (A) through (F) of subsection (b)(2);
``(C) specific steps that the Department has taken or plans
to take to develop appropriate career paths for civilian
employees in the financial management field and to implement the
requirements of section 1599d of this title; and
``(D) a plan for funding needed improvements in the
financial management workforce of the Department through the
period of the current future-years defense program under section
221 of this title, including a description of any continuing
shortfalls in funding available for that workforce.''.
SEC. 1054. TRACKING IMPLEMENTATION OF DEPARTMENT OF DEFENSE
EFFICIENCIES.
(a) Annual Assessments.--For each of fiscal years 2012 through 2016,
the Comptroller General of the United States shall carry out an
assessment of the extent to which the Department of Defense has tracked
and realized the savings proposed pursuant to the initiative led by the
Secretary of Defense to identify at least $100,000,000,000 in
efficiencies during fiscal years 2012 through 2016.
[[Page 125 STAT. 1583]]
(b) Annual Report.--Not later than October 30 of each of 2012
through 2016, the Comptroller General shall submit to the congressional
defense committees a report on the assessment carried out under
subsection (a) for the fiscal year ending on September 30 of that year.
Each such report shall include the recommendations of the Comptroller
General with respect to the matter covered by the assessment.
Subtitle G--Repeal and Modification of Reporting Requirements
SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10, UNITED
STATES CODE.
Title 10, United States Code, is amended as follows:
(1) Section 127a(a) is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraph (4) as paragraph (3).
(2) Section 184 is amended by striking subsection (h).
(3)(A) Section 226 is repealed.
(B) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 226.
(4)(A) Section 427 is repealed.
(B) The table of sections at the beginning of subchapter I
of chapter 21 is amended by striking the item relating to
section 427.
(5) Section 437 is amended by striking subsection (c).
(6)(A) Section 484 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 484.
(7)(A) Section 485 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 485.
(8)(A) Section 486 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 486.
(9)(A) Section 487 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 487.
(10)(A) Section 490 is repealed.
(B) The table of sections at the beginning of chapter 23 is
amended by striking the item relating to section 490.
(11) Section 983(e)(1) is amended--
(A) by striking the comma after ``Secretary of
Education'' and inserting ``and''; and
(B) by striking ``, and to Congress''.
(12) Section 2010 is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively.
(13)(A) Section 2282 is repealed.
(B) The table of sections at the beginning of chapter 136 is
amended by striking the item relating to section 2282.
(14) Section 2350a(g) is amended by striking paragraph (3).
(15) Section 2410m is amended by striking subsection (c).
(16) Section 2485(a) is amended--
[[Page 125 STAT. 1584]]
(A) by striking ``(1)''; and
(B) by striking paragraph (2).
(17) Section 2493 is amended by striking subsection (g).
(18) Section 2515 is amended by striking subsection (d).
(19)(A) Section 2582 is repealed.
(B) The table of sections at the beginning of chapter 153 is
amended by striking the item relating to section 2582.
(20) Section 2583 is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(21) Section 2688 is amended--
(A) in subsection (a)--
(i) by striking ``(1)'' before ``The Secretary
of a military department''; and
(ii) by striking paragraphs (2) and (3);
(B) in subsection (d)(2), by striking the second
sentence;
(C) by striking subsection (f); and
(D) in subsection (h), by striking the last
sentence.
(22)(A) Section 2706 is repealed.
(B) The table of sections at the beginning of chapter 160 is
amended by striking the item relating to section 2706.
(23)(A) Section 2815 is repealed.
(B) The table of sections at the beginning of subchapter I
of chapter 169 is amended by striking the item relating to
section 2815.
(24) Section 2825(c)(1) is amended--
(A) by inserting ``and'' at the end of subparagraph
(A);
(B) by striking the semicolon at the end of
subparagraph (B) and inserting a period; and
(C) by striking subparagraphs (C) and (D).
(25) Section 2836 is amended--
(A) in subsection (b)--
(i) by striking ``(1)'' before ``The Secretary
of a military department''; and
(ii) by striking paragraph (2);
(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection
(f).
(26) Section 5143 is amended by striking subsection (e).
(27)(A) Section 7296 is repealed.
(B) The table of sections at the beginning of chapter 633 is
amended by striking the item relating to section 7296.
(28) Section 12302(b) is amended by striking the last
sentence.
(29)(A) Section 16137 is repealed.
(B) The table of sections at the beginning of chapter 1606
is amended by striking the item relating to section 16137.
(30) Section 12302(b) is amended by striking the last
sentence.
SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE
AUTHORIZATION ACTS.
(a) Fiscal Year 2010.--Section 219 (123 Stat. 2228) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) is
amended by striking subsection (c).
[[Page 125 STAT. 1585]]
(b) Fiscal Year 2009.--Section 1504 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is
amended by striking subsection (c).
(c) Fiscal Year 2008.--Section 885(a)(2) (10 U.S.C. 2304 note) of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) is amended by striking the last sentence.
(d) Fiscal Year 2007.--The John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended
as follows:
(1) Section 347 (10 U.S.C. 221 note) is repealed.
(2) Section 731 (10 U.S.C. 1095c note) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(3) Section 732 (10 U.S.C. 1073 note) is amended by striking
subsection (d).
(4) Section 1231 (22 U.S.C. 2776a) is repealed.
(5) Section 1402 (10 U.S.C. 113 note) is repealed.
(e) Fiscal Year 2006.--Section 716 of the National Defense
Authorization Act for Fiscal Year 2006 (10 U.S.C. 1073 note) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
(f) Fiscal Year 2005.--The Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375) is amended
as follows:
(1) Section 731 (10 U.S.C. 1074 note) is amended by striking
subsection (c).
(2) Section 1041 (10 U.S.C. 229 note) is repealed.
(g) Fiscal Year 2004.--The National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136) is amended as follows:
(1) Section 586 (117 Stat. 1493) is repealed.
(2) <<NOTE: 10 USC 2501 note.>> Section 812 (117 Stat.
1542) is amended by striking subsection (c).
(3) Section 1601(d) (10 U.S.C. 2358 note) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively.
(h) Fiscal Year 2002.--Section 232 of the National Defense
Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended
by striking subsections (c) and (d).
(i) Fiscal Year 2001.--The Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398) is amended as follows:
(1) Section 374 (10 U.S.C. 2851 note) is repealed.
(2) Section 1212 (114 Stat. 1654A-326) is amended by
striking subsections (c) and (d).
(3) Section 1213 (114 Stat. 1654A-327) is repealed.
(j) Fiscal Year 2000.--The National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) is amended as follows:
(1) Section 723 (10 U.S.C. 1071 note) is amended--
(A) in subsection (d)--
(i) by striking paragraph (5); and
(ii) by redesignating paragraphs (6) and (7)
as paragraphs (5) and (6), respectively; and
(B) by striking subsection (e).
(2) Section 1025 (10 U.S.C. 113 note) is repealed.
[[Page 125 STAT. 1586]]
(3) Section 1035 (113 Stat. 753), as amended by section 1211
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-325), is repealed.
(k) Fiscal Year 1998.--The National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 349 (10 U.S.C. 2702 note) is amended by striking
subsection (e).
(2) Section 743 (111 Stat. 1817) is amended by striking
subsection (f).
(l) Fiscal Year 1997.--Section 218 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2455) is repealed.
(m) Fiscal Years 1992 and 1993.--Section 2868 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (10 U.S.C. 2802
note) is repealed.
(n) Fiscal Year 1991.--Section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is
amended--
(1) by striking subsection (l); and
(2) by redesignating subsection (m) as subsection (1).
SEC. 1063. REPEAL OF REPORTING REQUIREMENTS UNDER OTHER LAWS.
(a) Title 37.--Section 402a of title 37, United States Code, is
amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(b) Title 38.--Section 3020 of title 38, United States Code, is
amended--
(1) by striking subsection (l); and
(2) by redesignating subsection (m) as subsection (1).
(c) National and Community Service Act of 1990.--Section 172 of the
National and Community Service Act of 1990 (42 U.S.C. 12632) is amended
by striking subsection (c).
SEC. 1064. MODIFICATION OF REPORTING REQUIREMENTS UNDER TITLE 10,
UNITED STATES CODE.
Title 10, United States Code, is amended as follows:
(1) Section 113(j) is amended--
(A) in paragraph (1)--
(i) by striking subparagraphs (A) and (C);
(ii) by redesignating subparagraph (B) as
subparagraph (A); and
(iii) by inserting after subparagraph (A), as
redesignated by clause (ii), the following new
subparagraph (B):
``(B) The amount of direct and indirect support for the
stationing of United States forces provided by each host
nation.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2).
(2) Section 116 is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
[[Page 125 STAT. 1587]]
``(b) The Secretary may submit the report required by subsection (a)
by including the materials required in the report as an exhibit to the
defense authorization request submitted pursuant to section 113a of this
title in the fiscal year concerned.''.
(3) Section 127b(f) is amended by striking ``December 1''
and inserting ``February 1''.
(4)(A) Section 228 is amended--
(i) in subsection (a)--
(I) by striking ``Quarterly Report.--'' and
inserting ``Biannual Report.--'';
(II) by striking ``a quarterly report'' and
inserting ``a biannual report''; and
(III) by striking ``fiscal-year quarter'' and
inserting ``two fiscal-year quarters''; and
(ii) in subsection (c)--
(I) by striking ``(1)'';
(II) by striking ``a quarter of a fiscal year
after the first quarter of that fiscal year'' and
inserting ``the second two fiscal-year quarters of
a fiscal year'';
(III) by striking ``the first quarter of that
fiscal year'' and inserting ``the first two
fiscal-year quarters of that fiscal year''; and
(IV) by striking paragraph (2).
(B)(i) The heading of such section is amended to read as
follows:
``Sec. 228. Biannual reports on allocation of funds within
operation and maintenance budget subactivities''.
(ii) The table of sections at the beginning of chapter 9 is
amended by striking the item relating to section 228 and
inserting the following new item:
``228. Biannual reports on allocation of funds within operation and
maintenance budget subactivities.''.
(5) Subsection (f) of section 408 is amended to read as
follows:
``(f) Congressional Oversight.--Whenever the Secretary of Defense
provides assistance to a foreign nation under this section, the
Secretary shall submit to the congressional defense committees a report
on the assistance provided. Each such report shall identify the nation
to which the assistance was provided and include a description of the
type and amount of the assistance provided.''.
(6) Section 2482(d)(1) is amended by inserting ``in the
United States'' after ``commissary store''.
(7) Section 2608(e)(1) is amended--
(A) by striking ``each quarter'' and inserting ``the
second quarter and the fourth quarter''; and
(B) by striking ``the preceding quarter'' and
inserting ``the preceding two quarters''.
(8) Section 2645(d) is amended by striking ``$1,000,000''
and inserting ``$10,000,000''.
(9) Section 2803(b) is amended by striking ``21-day period''
and inserting ``seven-day period''.
(10) Section 9514(c) is amended by striking ``$1,000,000''
and inserting ``$10,000,000''.
(11) Section 10543(c)(3) is amended by striking ``15 days''
and inserting ``90 days''.
[[Page 125 STAT. 1588]]
SEC. 1065. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER
TITLES OF THE UNITED STATES CODE.
(a) Title 32.--Section 908(a) of title 32, United States Code, is
amended by striking ``After the end of each fiscal year,'' and inserting
``After the end of any fiscal year during which any assistance was
provided or activities were carried out under this chapter,''.
(b) Title 37.--Section 316a(f) of title 37, United States Code, is
amended by striking ``January 1, 2010'' and inserting ``April 1, 2012''.
SEC. 1066. MODIFICATION OF REPORTING REQUIREMENTS UNDER ANNUAL
DEFENSE AUTHORIZATION ACTS.
(a) Fiscal Year 2010.--Section 121(e) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2212) is amended by striking paragraph (5).
(b) Fiscal Year 2008.--The National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) is amended as follows:
(1) Section 958 (122 Stat. 297) is amended--
(A) in subsection (a), by striking ``annually
thereafter'' and inserting ``by June 30 each year
thereafter''; and
(B) in subsection (d), by striking ``December 31,
2013'' and inserting ``June 30, 2014''.
(2) Section 1107 (10 U.S.C. 2358 note) is amended--
(A) in subsection (d)--
(i) by striking ``beginning with March 1,
2008,''; and
(ii) by inserting ``a report containing''
after ``to Congress''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking ``Not later
than'' and all that follows through ``the
information'' and inserting ``The Secretary shall
include in each report under subsection (d) the
information''; and
(ii) in paragraph (2), by striking ``under
this subsection'' and inserting ``under subsection
(d)''.
(3) Section 1674(c) (122 Stat. 483) is amended--
(A) by striking ``After submission'' and all the
follows through ``that patients,'' and inserting
``Patients,''; and
(B) by striking ``have not been moved or
disestablished until'' and inserting ``may not be moved
or disestablished until the Secretary of Defense has
certified to the congressional defense committees
that''.
(c) Fiscal Year 2007.--Subsection (a) of section 1104 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (10
U.S.C. note prec. 711) is amended to read as follows:
``(a) Reports on Details and Fellowships of Long Duration.--Whenever
a member of the Armed Forces or a civilian employee of the Department of
Defense serves continuously in the Legislative Branch for more than 12
consecutive months in one or a combination of covered legislative
details or fellowships, the Secretary of Defense shall submit to the
congressional defense committees, within 90 days, and quarterly
thereafter for as long as the service continues, a report on the service
of the member or employee.''.
[[Page 125 STAT. 1589]]
(d) Fiscal Year 2001.--Section 1308(c) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C.
5959(c)) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(e) Fiscal Year 2000.--The National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65) is amended as follows:
(1) Section 1202(b)(11) (10 U.S.C. 113 note) is amended by
adding at the end the following new subparagraph:
``(G) The Secretary's certification whether or not
any military-to-military exchange or contact was
conducted during the period covered by the report in
violation of section 1201(a).''.
(2) Section 1201 (10 U.S.C. 168 note) is amended by striking
subsection (d).
SEC. 1067. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER
LAWS.
(a) Small Business Act.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (b)(7), by inserting ``and including an
accounting of funds, initiatives, and outcomes under the
Commercialization Pilot Program'' after ``and (o)(15),''; and
(2) in subsection (y), by striking paragraph (5).
(b) Implementing Recommendations of the 9/11 Commission Act of
2007.--Section 1821(b)(2) of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (50 U.S.C. 2911(b)(2)) is amended in the first
sentence by striking ``of each year'' and inserting ``of each even-
numbered year''.
Subtitle H--Studies and Reports
SEC. 1068. TRANSMISSION OF REPORTS IN ELECTRONIC FORMAT.
Section 122a(a) of title 10, United States Code, is amended by
striking ``made available'' and all that follows through the period and
inserting the following new paragraphs:
``(1) <<NOTE: Public information.>> made available to the
public, upon request submitted on or after the date on which
such report is submitted to Congress, through the Office of the
Assistant Secretary of Defense for Public Affairs; and
``(2) to the maximum extent practicable, transmitted in an
electronic format.''.
SEC. 1069. MODIFICATIONS TO ANNUAL AIRCRAFT PROCUREMENT PLAN.
(a) In General.--Section 231a of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``The Secretary'' and
inserting ``Not later than 45 days after the date
on which the President submits to Congress the
budget for a fiscal year''; and
(ii) by striking ``include with the defense
budget materials for each fiscal year'' and insert
``submit to the congressional defense
committees''; and
[[Page 125 STAT. 1590]]
(B) in paragraph (1), by inserting ``, the
Department of the Army,'' after ``Navy'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``Strategic'' and
inserting ``Intertheater'';
(B) by redesignating paragraph (8) as paragraph
(11); and
(C) by inserting after paragraph (7) the following
new paragraphs:
``(8) Remotely piloted aircraft.
``(9) Rotary-wing aircraft.
``(10) Operational support and executive lift aircraft.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``national
security strategy of the United States'' and inserting
``national military strategy of the United States''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``, the
Department of the Army,'' after ``Navy'';
(ii) in subparagraph (B), by striking
``national security strategy of the United
States'' and inserting ``national military
strategy of the United States'';
(iii) in subparagraph (C)--
(I) by inserting ``investment''
before ``funding'';
(II) by striking ``the program'' and
inserting ``each aircraft program'';
(III) by inserting before the period
at the end the following: ``, set forth
in aggregate for the Department of
Defense and in aggregate for each
military department'';
(iv) by redesignating subparagraph (D) as
subparagraph (F);
(v) by inserting after subparagraph (C) the
following new subparagraphs:
``(D) The estimated level of annual funding necessary to
operate, maintain, sustain, and support each aircraft program
throughout the life-cycle of the program, set forth in aggregate
for the Department of Defense and in aggregate for each military
department.
``(E) For each of the cost estimates required by
subparagraphs (C) and (D)--
``(i) a description of whether the cost estimate is
derived from the cost estimate position of the military
department or derived from the cost estimate position of
the Cost Analysis and Program Evaluation office of the
Secretary of Defense;
``(ii) if the cost estimate position of the military
department and the cost estimate position of the Cost
Analysis and Program Evaluation office differ by more
than .5 percent for any aircraft program, an annotated
cost estimate difference and sufficient rationale to
explain the difference; and
``(iii) the confidence or certainty level associated
with the cost estimate for each aircraft program.''.
(vi) in subparagraph (F), as redesignated by
clause (iv), by inserting ``, the Department of
the Army,'' after ``Navy'';
[[Page 125 STAT. 1591]]
(C) by adding at the end the following new
paragraphs:
``(3) For any cost estimate required by paragraph (2)(C) or (D), for
any aircraft program for which the Secretary is required to include in a
report under section 2432 of this title, the source of the cost
information used to prepare the annual aircraft plan, shall be sourced
from the Selected Acquisition Report data that the Secretary plans to
submit to the congressional defense committees in accordance with
subsection (f) of that section for the year for which the annual
aircraft plan is prepared.
``(4) The annual aircraft procurement plan shall be submitted in
unclassified form and shall contain a classified annex.'';
(4) in subsection (d), by inserting ``, the Department of
the Army,'' after ``Navy'';
(5) by redesignating subsection (e) as subsection (f);
(6) by inserting after subsection (d) the following new
subsection (e):
``(e) Annual Report on Aircraft Inventory.--(1) As part of the
annual plan and certification required to be submitted under this
section, the Secretary shall include a report on the aircraft in the
inventory of the Department of Defense. Each such report shall include
the following, for the year covered by the report:
``(A) The total number of aircraft in the inventory.
``(B) The total number of the aircraft in the inventory that
are active, stated in the following categories (with appropriate
subcategories for mission aircraft, training aircraft, dedicated
test aircraft, and other aircraft):
``(i) Primary aircraft.
``(ii) Backup aircraft.
``(iii) Attrition and reconstitution reserve
aircraft.
``(C) The total number of the aircraft in the inventory that
are inactive, stated in the following categories:
``(i) Bailment aircraft.
``(ii) Drone aircraft.
``(iii) Aircraft for sale or other transfer to
foreign governments.
``(iv) Leased or loaned aircraft.
``(v) Aircraft for maintenance training.
``(vi) Aircraft for reclamation.
``(vii) Aircraft in storage.
``(D) The aircraft inventory requirements approved by the
Joint Chiefs of Staff.
``(2) Each report submitted under this subsection shall set forth
each item described in paragraph (1) separately for the regular
component of each armed force and for each reserve component of each
armed force and, for each such component, shall set forth each type,
model, and series of aircraft provided for in the future-years defense
program that covers the fiscal year for which the budget accompanying
the plan, certification and report is submitted.''; and
(7) in subsection (f), as redesignated by paragraph 5, by
striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
(b) Section Heading.--The heading for such section is amended to
read as follows:
[[Page 125 STAT. 1592]]
``Sec. 231a. Budgeting for life-cycle cost of aircraft for the
Navy, Army, and Air Force: annual plan and
certification''.
(c) Clerical Amendment.--The item relating to section 231a in the
table of sections at the beginning of chapter 9 of title 10, United
States Code, is amended to read as follows:
``231a. Budgeting for life-cycle cost of aircraft for the Navy, Army,
and Air Force: annual plan and certification.''.
SEC. 1070. CHANGE OF DEADLINE FOR ANNUAL REPORT TO CONGRESS ON
NATIONAL GUARD AND RESERVE COMPONENT
EQUIPMENT.
Section 10541(a) of title 10, United States Code, is amended by
striking ``February 15'' and inserting ``March 15''.
SEC. 1071. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES,
NUCLEAR WEAPONS, AND RELATED PROGRAMS IN
NON-NUCLEAR WEAPONS STATES AND COUNTRIES
NOT PARTIES TO THE NUCLEAR NON-
PROLIFERATION TREATY, AND CERTAIN
FOREIGN PERSONS.
Section 1055(a) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 50 U.S.C. 2371(a)) is amended, in the
matter preceding paragraph (1)--
(1) by striking ``and the Permanent'' and inserting ``the
Permanent''; and
(2) by inserting before ``a report'' the following: ``, the
Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives''.
SEC. 1072. <<NOTE: President. 50 USC 404a note.>> IMPLEMENTATION
PLAN FOR WHOLE-OF-GOVERNMENT VISION
PRESCRIBED IN THE NATIONAL SECURITY
STRATEGY.
(a) Implementation Plan.--Not <<NOTE: Deadline.>> later than 270
days after the date of the enactment of this Act, the President shall
submit to the appropriate congressional committees an implementation
plan for achieving the whole-of-government integration vision prescribed
in the President's National Security Strategy of May 2010. The
implementation plan shall include--
(1) a description of ongoing and future actions planned to
be taken by the President and the Executive agencies to
implement organizational changes, programs, and any other
efforts to achieve each component of the whole-of-government
vision prescribed in the National Security Strategy;
(2) a timeline for specific actions taken and planned to be
taken by the President and the Executive agencies to implement
each component of the whole-of-government vision prescribed in
the National Security Strategy;
(3) an outline of specific actions desired or required to be
taken by Congress to achieve each component of the whole-of-
government vision prescribed in the National Security Strategy,
including suggested timing and sequencing of actions proposed
for Congress and the Executive agencies;
(4) any progress made and challenges or obstacles
encountered since May 2010 in implementing each component of the
whole-of-government vision prescribed in the National Security
Strategy; and
[[Page 125 STAT. 1593]]
(5) such other information as the President determines is
necessary to understand progress in implementing each component
of the whole-of-government vision prescribed in the National
Security Strategy.
(b) Annual Updates.--Not later than December 1 of each subsequent
year that the National Security Strategy of May 2010 remains the policy
of the President, the President shall submit to the appropriate
congressional committees an update of the implementation plan required
under subsection (a). Each such update shall include an explanation of--
(1) any progress made and challenges or obstacles
encountered in implementing each component of the whole-of-
government vision prescribed in the National Security Strategy
since the submission of the implementation plan or most recent
update; and
(2) any modifications to the implementation plan.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations, Select
Committee on Intelligence, Committee on Homeland
Security and Government Affairs, Committee on the
Budget, Committee on the Judiciary, and Committee on
Appropriations in the Senate; and
(C) the Committee on Foreign Affairs, Permanent
Select Committee on Intelligence, Committee on Homeland
Security, Committee on the Budget, Committee on the
Judiciary, Committee on Oversight and Government Reform,
and Committee on Appropriations in the House of
Representatives.
(2) The term ``Executive agency'' has the meaning given that
term by section 105 of title 5, United States Code.
SEC. 1073. REPORTS ON RESOLUTION RESTRICTIONS ON THE COMMERCIAL
SALE OR DISSEMINATION OF ELETRO-OPTICAL
IMAGERY COLLECTED BY SATELLITES.
(a) Secretary of Commerce Report.--
(1) Report required.--Not later than April 15, 2012, the
Secretary of Commerce shall submit to Congress a report setting
forth the results of a comprehensive review of current
restrictions on the resolution of electro-optical (EO) imagery
collected from satellites that commercial companies may sell or
disseminate. The report shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in light of the results of the review.
(2) Considerations.--In conducting the review required for
purposes of the report under paragraph (1), the Secretary shall
take into consideration the following:
(A) Increases in sales of commercial satellite
imagery that would result from a relaxation of
resolution restrictions, and the ensuing benefit to the
United States Government, commerce, and academia from an
expanding market in satellite imagery.
(B) Current and anticipated deployments of
satellites built in foreign countries that can or will
be able to collect
[[Page 125 STAT. 1594]]
imagery at a resolution greater than .5 meter
resolution, and the sale or dissemination of such
imagery.
(C) The lead-time involved in securing financing,
designing, building, and launching the new satellite
imagery collection capabilities that would be required
to enable United States commercial satellite companies
to match current and anticipated foreign satellite
imagery collection capabilities.
(D) Inconsistencies between the current resolution
restrictions on the sale or dissemination of imagery
collected by United States commercial companies, the
availability of higher resolution imagery from foreign
sources, and the National Space Policy of the United
States, released by the President on June 28, 2010.
(E) The lack of restrictions on the sale or
dissemination of high-resolution imagery collected by
aircraft.
(b) Intelligence Assessment.--
(1) Assessment required.--Not <<NOTE: Deadline. Reports.>>
later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence and the Under Secretary of
Defense for Intelligence shall jointly submit to the appropriate
committees of Congress a report setting forth an assessment of
the benefits and risks of relaxing current resolution
restrictions on the electro-optical imagery from satellites that
commercial United States companies may sell or disseminate,
together with recommendations for means of protecting national
security related information in the event of the relaxation of
such resolution restrictions.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1074. REPORT ON INTEGRATION OF UNMANNED AERIAL SYSTEMS INTO
THE NATIONAL AIRSPACE SYSTEM.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Administrator of the Federal Aviation Administration and on
behalf of the UAS Executive Committee, submit to the appropriate
committees of Congress a report setting forth the following:
(1) A description and assessment of the rate of progress in
integrating unmanned aircraft systems into the national airspace
system.
(2) An assessment of the potential for one or more pilot
program or programs on such integration at certain test ranges
to increase that rate of progress.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
[[Page 125 STAT. 1595]]
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, the Committee on Science,
Space, and Technology, and the Committee on Appropriations of
the House of Representatives.
SEC. 1075. REPORT ON FEASIBILITY OF USING UNMANNED AERIAL SYSTEMS
TO PERFORM AIRBORNE INSPECTION OF
NAVIGATIONAL AIDS IN FOREIGN AIRSPACE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the congressional defense
committees a report on the feasibility of using unmanned aerial systems
to perform airborne flight inspection of electronic signals-in-space
from ground-based navigational aids that support aircraft departure, en
route, and arrival flight procedures in foreign airspace in support of
United States military operations.
SEC. 1076. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH AND
DEVELOPMENT RELATING TO IMPROVED COMBAT
CASUALTY CARE.
(a) Study Required.--The Comptroller General of the United States
shall conduct a review of Department of Defense programs and
organizations related to, and resourcing of, medical research and
development in support of improved combat casualty care designed to save
lives on the battlefield.
(b) Report.--Not later than January 1, 2013, the Comptroller General
shall submit to the congressional defense committees a report on the
review conducted under subsection (a), including the following elements:
(1) A description of current medical combat casualty care
research and development programs throughout the Department of
Defense, including basic and applied medical research,
technology development, and clinical research.
(2) An identification of organizational elements within the
Department that have responsibility for planning and oversight
of combat casualty care research and development.
(3) A description of the means by which the Department
applies combat casualty care research findings, including
development of new medical devices, to improve battlefield care.
(4) An assessment of the adequacy of the coordination by the
Department of planning for combat casualty care medical research
and development and whether or not the Department has a
coordinated combat casualty care research and development
strategy.
(5) An assessment of the adequacy of resources provided for
combat casualty care research and development across the
Department.
(6) An assessment of the programmatic, organizational, and
resource challenges and gaps faced by the Department in
optimizing investments in combat casualty care medical research
and development in order to save lives on the battlefield.
(7) The extent to which the Department utilizes expertise
from experts and entities outside the Department with expertise
in combat casualty care medical research and development.
(8) An assessment of the challenges faced in rapidly
applying research findings and technology developments to
improved battlefield care.
[[Page 125 STAT. 1596]]
(9) Recommendations regarding--
(A) the need for a coordinated combat casualty care
medical research and development strategy;
(B) organizational obstacles or realignments to
improve effectiveness of combat casualty care medical
research and development; and
(C) adequacy of resource support.
SEC. 1077. <<NOTE: 50 USC 2514.>> REPORTS TO CONGRESS ON THE
MODIFICATION OF THE FORCE STRUCTURE FOR
THE STRATEGIC NUCLEAR WEAPONS DELIVERY
SYSTEMS OF THE UNITED STATES.
Whenever after the date of the enactment of this Act the President
proposes a modification of the force structure for the strategic nuclear
weapons delivery systems of the United States, the President shall
submit to Congress a report on the modification. The report shall
include a description of the manner in which such modification will
maintain for the United States a range of strategic nuclear weapons
delivery systems appropriate for the current and anticipated threats
faced by the United States when compared with the current force
structure of strategic nuclear weapons delivery systems.
SEC. 1078. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON THE
MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Reports Required.--
(1) In general.--Not later than March 30 of each year from
2013 through 2018, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
setting forth an assessment of the performance of the major
automated information system programs of the Department of
Defense.
(2) Elements.--Each report under subsection (a) shall
include the following:
(A) An assessment by the Comptroller General of the
cost, schedule, and performance of a representative
variety of major automated information system programs
selected by the Comptroller General for purposes of such
report.
(B) An assessment by the Comptroller General of the
level of risk associated with the programs selected
under subparagraph (A) for purposes of such report, and
a description of the actions taken by the Department to
manage or reduce such risk.
(C) An assessment by the Comptroller General of the
extent to which the programs selected under subparagraph
(A) for purposes of such report employ best practices
for the acquisition of information technology systems,
as identified by the Comptroller General, the Defense
Science Board, and the Department.
(b) Preliminary Report.--
(1) In general.--Not later than September 30, 2012, the
Comptroller General shall submit to the appropriate committees
of Congress a report setting forth the following:
(A) The metrics to be used by the Comptroller
General for the reports submitted under subsection (a).
(B) A preliminary assessment on the matters set
forth under subsection (a)(2).
[[Page 125 STAT. 1597]]
(2) Briefings.--In developing metrics for purposes of the
report required by paragraph (1)(A), the Comptroller General
shall provide the appropriate committees of Congress with
periodic briefings on the development of such metrics.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Oversight and Government Reform, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``major automated information system program''
has the meaning given that term in section 2445a of title 10,
United States Code.
SEC. 1079. REPORT ON DEFENSE DEPARTMENT ANALYTIC CAPABILITIES
REGARDING FOREIGN BALLISTIC MISSILE
THREATS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the analytic capabilities
of the Department of Defense regarding threats from foreign ballistic
missiles of all ranges.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the current capabilities of the
Department of Defense to analyze threats from foreign ballistic
missiles of all ranges, including the degree of coordination
among the relevant analytic elements of the Department.
(2) A description of any current or foreseeable gaps in the
analytic capabilities of the Department regarding threats from
foreign ballistic missiles of all ranges.
(3) A plan to address any gaps identified pursuant to
paragraph (2) during the 5-year period beginning on the date of
the report.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1080. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA BATTLE
CONCEPT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to Congress
a report on the approved Air Sea Battle Concept, as required by the 2010
Quadrennial Defense Review Report, and a plan for the implementation of
the concept.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) A description of the approved Air Sea Battle Concept.
(2) An identification and assessment of--
(A) the materiel solutions required to employ the
concept in support of approved operational plans and
contingency plans; and
(B) the risks to approved operational plans and
contingency plans resulting from unfulfilled materiel
solutions identified pursuant to subparagraph (A).
(3) A summary of the implementation plan, including--
[[Page 125 STAT. 1598]]
(A) an assessment of the risks to implementation of
the approved concept within the current and programmed
force structure, capabilities, and capacity;
(B) a description of the criteria that will be used
to measure progress toward full implementation of the
concept; and
(C) a timeline for implementation of the concept.
(4) A description and assessment of how current research,
development, and acquisition priorities in the program of record
deliver or fail to deliver the materiel solutions identified
pursuant to paragraph (2)(A).
(5) An identification, in order of priority, of the five
most critical materiel solutions identified pursuant to
paragraph (2)(A) requiring increased or sustained investment for
the implementation of the Air Sea Battle Concept.
(6) An identification, in order of priority, of how the
Department will offset the increased costs required by
implementation of the Air Sea Battle Concept, including an
explanation of what force structure, capabilities, and programs
will be reduced and how potentially increased risks based on
those reductions will be managed relative to other strategic
requirements.
(7) A list of any new organization required to implement the
concept, including an explanation of the function of each
organization and why such functions cannot be assigned to
existing organizations.
(8) A description and assessment of the estimated
incremental increases in costs, including the cost of any new
organization identified pursuant to paragraph (7), and savings
from implementing the Air Sea Battle Concept, including the most
significant reasons for those increased costs and savings.
(9) A description and assessment of the contributions
required from allies and other international partners, including
the identification and plans for management of related risks, in
order to implement the Air Sea Battle Concept.
(10) Such other matters relating to the development and
implementation of the Air Sea Battle Concept as the Secretary
considers appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in both unclassified and classified form.
SEC. 1080A. REPORT ON COSTS OF UNITS OF THE RESERVE COMPONENTS AND
THE ACTIVE COMPONENTS OF THE ARMED
FORCES.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report setting forth
an analysis of the costs of a sample of deployable units of the
active components of the Armed Forces and the costs of a sample
of similar deployable units of the reserve components of the
Armed Forces.
(2) Similar units.--For purposes of this subsection, units
of the active components and reserve components shall be treated
as similar if such units have the same table of organization and
equipment or, as applicable, the same size, structure,
personnel, or deployed mission.
[[Page 125 STAT. 1599]]
(b) Assessment of Reserve Component Force Structure and End
Strengths in Total Force Structure.--The Secretary shall include in the
report required by subsection (a) the following:
(1) An assessment of the advisability of retaining,
decreasing, or increasing the number and capability mix of units
and end strengths of the reserve components of the Armed Forces
within the total force structure of the Armed Forces.
(2) The current and most likely anticipated demands for
military capabilities in support of the National Military
Strategy, including the capability and deployment timeline
requirements of the contingency plans of the combatant commands.
(3) Authorities available to access the reserve components
of the Armed Forces for Federal missions.
(4) Personnel, equipment, and training readiness, and the
cost to sustain, mobilize, achieve required pre-deployment
readiness levels, and deploy active component units and reserve
component units.
(5) Such other matters as the Secretary considers
appropriate.
(c) Comptroller General Report.--Not later than 180 days after the
date of the submittal of the report required by subsection (a), the
Comptroller General of the United States shall submit to the
congressional defense committees the Comptroller General's evaluation of
the report of the Secretary under subsection (a).
Subtitle I--Miscellaneous Authorities and Limitations
SEC. 1081. <<NOTE: 10 USC 168 note.>> AUTHORITY FOR ASSIGNMENT OF
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE AS ADVISORS TO FOREIGN
MINISTRIES OF DEFENSE.
(a) Authority.--The Secretary of Defense may, with the concurrence
of the Secretary of State, carry out a program to assign civilian
employees of the Department of Defense as advisors to the ministries of
defense (or security agencies serving a similar defense function) of
foreign countries in order to--
(1) provide institutional, ministerial-level advice, and
other training to personnel of the ministry to which assigned in
support of stabilization or post-conflict activities; or
(2) assist such ministry in building core institutional
capacity, competencies, and capabilities to manage defense-
related processes.
(b) Termination of Authority.--
(1) In general.--The authority of the Secretary of Defense
to assign civilian employees under the program under subsection
(a) terminates at the close of September 30, 2014.
(2) Continuation of assignments.--Any assignment of a
civilian employee under subsection (a) before the date specified
in paragraph (1) may continue after that date, but only using
funds available for fiscal year 2012, 2013, or 2014.
(c) Annual Report.--Not later than December 30 each year through
2014, the Secretary of Defense shall submit to the Committees on Armed
Services and Foreign Relations of the Senate and the Committees on Armed
Services and Foreign Affairs of the House of Representatives a report on
activities under the program
[[Page 125 STAT. 1600]]
under subsection (a) during the preceding fiscal year. Each report shall
include, for the fiscal year covered by such report, the following:
(1) A list of the defense ministries to which civilian
employees were assigned under the program.
(2) A statement of the number of such employees so assigned.
(3) A statement of the duration of the various assignments
of such employees.
(4) A brief description of the activities carried out such
by such employees pursuant to such assignments.
(5) A description of the criteria used to select the defense
ministries identified in paragraph (1) and the civilian
employees so assigned.
(6) A statement of the cost of each such assignment.
(7) Recommendations, if any, about changes to the authority,
including an assessment of whether expanding the program
authority to include assignments to bilateral, regional, or
multilateral international security organizations would advance
the national security interests of the United States.
(d) Comptroller General Report.--Not later than December 30, 2013,
the Comptroller General of the United States shall submit to the
committees of Congress specified in subsection (c) a report setting
forth an assessment of the effectiveness of the advisory services
provided by civilian employees assigned under the program under
subsection (a) as of the date of the report in meeting the purposes of
the program.
SEC. 1082. EXEMPTION FROM FREEDOM OF INFORMATION ACT FOR DATA
FILES OF THE MILITARY FLIGHT OPERATIONS
QUALITY ASSURANCE SYSTEMS OF THE
MILITARY DEPARTMENTS.
(a) Exemption.--
(1) In general.--Chapter 134 of title 10, United States
Code, is amended by inserting after section 2254 the following
new section:
``Sec. 2254a. Data files of military flight operations quality
assurance systems: exemption from disclosure
under Freedom of Information Act
``(a) <<NOTE: Determination.>> Authority to Exempt Certain Data
Files From Disclosure Under FOIA.--
``(1) The Secretary of Defense may exempt information
contained in any data file of the military flight operations
quality assurance system of a military department from
disclosure under section 552(b)(3) of title 5, upon a written
determination that--
``(A) the information is sensitive information
concerning military aircraft, units, or aircrew; and
``(B) the public interest consideration in the
disclosure of such information does not outweigh
preventing the disclosure of such information.
``(2) In this section, the term `data file' means a file of
the military flight operations quality assurance (in this
section referred to as `MFOQA') system that contains information
acquired or generated by the MFOQA system, including--
``(A) any data base containing raw MFOQA data; and
[[Page 125 STAT. 1601]]
``(B) any analysis or report generated by the MFOQA
system or which is derived from MFOQA data.
``(3) Information that is exempt under paragraph (1) from
disclosure under section 552(b)(3) of title 5 shall be exempt
from such disclosure even if such information is contained in a
data file that is not exempt in its entirety from such
disclosure.
``(4) The provisions of paragraph (1) may not be superseded
except by a provision of law which is enacted after the date of
the enactment of this section and which specifically cites and
repeals or modifies those provisions.
``(b) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. Such regulations
shall ensure consistent application of the authority in subsection (a)
across the military departments.
``(c) Delegation.--The Secretary of Defense may delegate the
authority to make a determination under subsection (a) to the Director
of Administration and Management of the Department.
``(d) Transparency.--Each determination of the Secretary, or the
Secretary's designee, under subsection (a) shall be made in writing and
accompanied by a statement of the basis for the
determination. <<NOTE: Public information.>> All such determinations and
statements of basis shall be available to the public, upon request,
through the Office of the Director of Administration and Management.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of such chapter is amended by
inserting after the item relating to section 2254 the following
new item:
``2254a. Data files of military flight operations quality assurance
systems: exemption from disclosure under Freedom of
Information Act.''.
(b) <<NOTE: 10 USC 2254a note.>> Applicability.--Section 2254a of
title 10, United States Code, as added by subsection (a), shall apply to
any information entered into any data file of the military flight
operations quality assurance system before, on, or after the date of the
enactment of this Act.
SEC. 1083. LIMITATION ON PROCUREMENT AND FIELDING OF LIGHT ATTACK
ARMED RECONNAISSANCE AIRCRAFT.
(a) Report on Light Attack and Armed Reconnaissance Missions.--
(1) Report required.--The Secretary of Defense shall submit
to the congressional defense committees a report containing the
findings of a review carried out by the Secretary of the
capability of the elements of the Department of Defense
(including any office, agency, activity, or command described in
section 111(b) of title 10, United States Code) that are
responsible for conducting light attack and armed reconnaissance
missions or fulfilling requests of partner nations for training
in the conduct of such missions.
(2) Matters included.--In conducting the review under
paragraph (1), the Secretary shall--
(A) identify any gaps in the ability of the
Department to conduct light attack and armed
reconnaissance missions or to fulfill requests of
partner nations for training in the conduct of such
missions;
(B) identify any unnecessary duplication of efforts
between the elements of the Department to procure or
[[Page 125 STAT. 1602]]
field aircraft to conduct light attack and armed
reconnaissance missions or to fulfill requests of
partner nations to train in the conduct of such
missions, including any planned--
(i) developmental efforts;
(ii) operational evaluations; or
(iii) acquisition of such aircraft through
procurement or lease; and
(C) include findings and recommendations the
Secretary considers appropriate to address any gaps
identified under subparagraph (A) or unnecessary
duplication of efforts identified under subparagraph
(B).
(b) <<NOTE: Deadline.>> Limitation.--None of the funds authorized
to be appropriated by this Act or otherwise made available for fiscal
year 2012 may be obligated or expended for the procurement or fielding
of light attack armed reconnaissance aircraft until the date that is 30
days after the date on which the Secretary submits the report required
by subsection (a).
SEC. 1084. PROHIBITION ON THE USE OF FUNDS FOR MANUFACTURING
BEYOND LOW RATE INITIAL PRODUCTION AT
CERTAIN PROTOTYPE INTEGRATION
FACILITIES.
(a) Prohibition.--None of the funds authorized to be appropriated by
this Act may be used for manufacturing beyond low rate initial
production at a prototype integration facility of any of the following
components of the Army Research, Development, and Engineering Command:
(1) The Armament Research, Development, and Engineering
Center.
(2) The Aviation and Missile Research, Development, and
Engineering Center.
(3) The Communications-Electronics Research, Development,
and Engineering Center.
(4) The Tank Automotive Research, Development, and
Engineering Center.
(b) Waiver.--The Assistant Secretary of the Army for Acquisition,
Logistics, and Technology may waive the prohibition under subsection (a)
for a fiscal year if--
(1) the Assistant Secretary determines that the waiver is
necessary--
(A) for reasons of national security; or
(B) to rapidly acquire equipment to respond to
combat emergencies; and
(2) the Assistant Secretary submits to Congress a
notification of the waiver together with the reasons for the
waiver.
(c) Low-rate Initial Production.--For purposes of this section, the
term ``low-rate initial production'' shall be determined in accordance
with section 2400 of title 10, United States Code.
SEC. 1085. USE OF STATE PARTNERSHIP PROGRAM FUNDS FOR CERTAIN
PURPOSES.
Subject to section 1210 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107
note), of the funds made available to the National Guard, the Secretary
of Defense may use up to $3,000,000 to pay for travel and per diem costs
associated with the participation
[[Page 125 STAT. 1603]]
of United States and foreign civilian and non-defense agency personnel
in conducting activities under the State Partnership Program of the
National Guard.
Subtitle J--Other Matters
SEC. 1086. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILITARY
INFORMATION SUPPORT OPERATIONS IN TITLE
10, UNITED STATES CODE, TO CONFORM TO
DEPARTMENT OF DEFENSE USAGE.
Title 10, United States Code, is amended as follows:
(1) In section 167(j), by striking paragraph (6) and
inserting the following new paragraph:
``(6) Military information support operations.''.
(2) Section 2011(d)(1) is amended by striking
``psychological operations'' and inserting ``military
information support operations''.
SEC. 1087. TERMINATION OF REQUIREMENT FOR APPOINTMENT OF CIVILIAN
MEMBERS OF NATIONAL SECURITY EDUCATION
BOARD BY AND WITH THE ADVICE AND CONSENT
OF THE SENATE.
(a) Termination.--Subsection (b)(7) of section 803 of the David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1903) is
amended by striking ``by and with the advice and consent of the
Senate,''.
(b) Technical Amendment.--Subsection (c) of such section is amended
by striking ``subsection (b)(6)'' and inserting ``subsection (b)(7)''.
SEC. 1088. SENSE OF CONGRESS ON APPLICATION OF MORATORIUM ON
EARMARKS TO THIS ACT.
It is the sense of Congress that the moratorium on congressionally-
directed spending items in the Senate, and on congressional earmarks in
the House of Representatives, should be fully enforced in this Act.
SEC. 1089. TECHNICAL AMENDMENT.
Section 382 of title 10, United States Code, is amended by striking
``biological or chemical'' each place it appears in subsections (a) and
(b).
SEC. 1090. <<NOTE: 6 USC 121 note.>> CYBERSECURITY COLLABORATION
BETWEEN THE DEPARTMENT OF DEFENSE AND
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Interdepartmental Collaboration.--
(1) In general.--The Secretary of Defense and the Secretary
of Homeland Security shall provide personnel, equipment, and
facilities in order to increase interdepartmental collaboration
with respect to--
(A) strategic planning for the cybersecurity of the
United States;
(B) mutual support for cybersecurity capabilities
development; and
(C) synchronization of current operational
cybersecurity mission activities.
[[Page 125 STAT. 1604]]
(2) Efficiencies.--The collaboration provided for under
paragraph (1) shall be designed--
(A) to improve the efficiency and effectiveness of
requirements formulation and requests for products,
services, and technical assistance for, and coordination
and performance assessment of, cybersecurity missions
executed across a variety of Department of Defense and
Department of Homeland Security elements; and
(B) to leverage the expertise of each individual
Department and to avoid duplicating, replicating, or
aggregating unnecessarily the diverse line organizations
across technology developments, operations, and customer
support that collectively execute the cybersecurity
mission of each Department.
(b) Responsibilities.--
(1) Department of homeland security.--The Secretary of
Homeland Security shall identify and assign, in coordination
with the Department of Defense, a Director of Cybersecurity
Coordination within the Department of Homeland Security to
undertake collaborative activities with the Department of
Defense.
(2) Department of defense.--The Secretary of Defense shall
identify and assign, in coordination with the Department of
Homeland Security, one or more officials within the Department
of Defense to coordinate, oversee, and execute collaborative
activities and the provision of cybersecurity support to the
Department of Homeland Security.
SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN
DEPARTMENT OF DEFENSE CRITICAL
INFRASTRUCTURE SECURITY INFORMATION.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by inserting after section 130d the following new section:
``Sec. 130e. Treatment under Freedom of Information Act of
critical infrastructure security information
``(a) <<NOTE: Determination.>> Exemption.--The Secretary of Defense
may exempt Department of Defense critical infrastructure security
information from disclosure pursuant to section 552(b)(3) of title 5,
upon a written determination that--
``(1) the information is Department of Defense critical
infrastructure security information; and
``(2) the public interest consideration in the disclosure of
such information does not outweigh preventing the disclosure of
such information.
``(b) Information Provided to State and Local Governments.--
Department of Defense critical infrastructure security information
covered by a written determination under subsection (a) that is provided
to a State or local government shall remain under the control of the
Department of Defense.
``(c) Definition.--In this section, the term `Department of Defense
critical infrastructure security information' means sensitive but
unclassified information that, if disclosed, would reveal
vulnerabilities in Department of Defense critical infrastructure that,
if exploited, would likely result in the significant disruption,
destruction, or damage of or to Department of Defense operations,
property, or facilities, including information regarding the securing
[[Page 125 STAT. 1605]]
and safeguarding of explosives, hazardous chemicals, or pipelines,
related to critical infrastructure or protected systems owned or
operated by or on behalf of the Department of Defense, including
vulnerability assessments prepared by or on behalf of the Department of
Defense, explosives safety information (including storage and handling),
and other site-specific information on or relating to installation
security.
``(d) Delegation.--The Secretary of Defense may delegate the
authority to make a determination under subsection (a) to the Director
of Administration and Management.
``(e) Transparency.--Each determination of the Secretary, or the
Secretary's designee, under subsection (a) shall be made in writing and
accompanied by a statement of the basis for the determination. All such
determinations and statements of basis shall be available to the public,
upon request, through the Office of the Director of Administration and
Management.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``130e. Treatment under Freedom of Information Act of certain critical
infrastructure security information.''.
SEC. 1092. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING ASSISTANCE
PROGRAM TO INCLUDE STOCKPILED
CONVENTIONAL MUNITIONS ASSISTANCE.
(a) In General.--Section 407 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and stockpiled
conventional munitions assistance'' after ``humanitarian
demining assistance'';
(B) in paragraph (2), by inserting ``and stockpiled
conventional munitions assistance'' after ``Humanitarian
demining assistance''; and
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A),
by inserting ``or stockpiled conventional
munitions assistance'' after ``humanitarian
demining assistance''; and
(ii) in subparagraph (A), by inserting ``, or
stockpiled conventional munitions, as
applicable,'' after ``explosive remnants of war'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and stockpiled
conventional munitions assistance'' after ``humanitarian
demining assistance''; and
(B) in paragraph (2), by inserting ``or stockpiled
conventional munitions assistance'' after ``humanitarian
demining assistance'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or stockpiled
conventional munitions assistance'' after ``humanitarian
demining assistance''; and
(B) in paragraph (2)(B)--
(i) by inserting ``or stockpiled conventional
munitions activities'' after ``humanitarian
demining activities''; and
[[Page 125 STAT. 1606]]
(ii) by inserting ``, or stockpiled
conventional munitions, as applicable,'' after
``explosive remnants of war''; and
(4) in subsection (d)--
(A) by inserting ``or stockpiled conventional
munitions assistance'' after ``humanitarian demining
assistance'' each place it appears; and
(B) in paragraph (2), by inserting ``, and whether
such assistance was primarily related to the
humanitarian demining efforts or stockpiled conventional
munitions assistance'' after ``paragraph (1)''; and
(5) by striking subsection (e) and inserting the following
new subsection (e):
``(e) Definitions.--In this section:
``(1) The term `humanitarian demining assistance', as it
relates to training and support, means detection and clearance
of landmines and other explosive remnants of war, and includes
activities related to the furnishing of education, training, and
technical assistance with respect to explosive safety, the
detection and clearance of landmines and other explosive
remnants of war, and the disposal, demilitarization, physical
security, and stockpile management of potentially dangerous
stockpiles of explosive ordnance.
``(2) The term `stockpiled conventional munitions
assistance', as it relates to the support of humanitarian
assistance efforts, means training and support in the disposal,
demilitarization, physical security, and stockpile management of
potentially dangerous stockpiles of explosive ordnance, and
includes activities related to the furnishing of education,
training, and technical assistance with respect to explosive
safety, the detection and clearance of landmines and other
explosive remnants of war, and the disposal, demilitarization,
physical security, and stockpile management of potentially
dangerous stockpiles of explosive ordnance.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
to read as follows:
``Sec. 407. Humanitarian demining assistance and stockpiled
conventional munitions assistance: authority;
limitations''.
(2) Table of sections.--The table of sections at the
beginning of chapter 20 of such title is amended by striking the
item relating to section 407 and inserting the following new
item:
``407. Humanitarian demining assistance and stockpiled conventional
munitions assistance: authority; limitations.''.
SEC. 1093. <<NOTE: 10 USC 5062 note.>> NUMBER OF NAVY CARRIER AIR
WINGS AND CARRIER AIR WING HEADQUARTERS.
The Secretary of the Navy shall ensure that the Navy maintains--
(1) a minimum of 10 carrier air wings; and
(2) for each such carrier air wing, a dedicated and fully
staffed headquarters.
[[Page 125 STAT. 1607]]
SEC. 1094. <<NOTE: 10 USC 221 note.>> DISPLAY OF ANNUAL BUDGET
REQUIREMENTS FOR ORGANIZATIONAL CLOTHING
AND INDIVIDUAL EQUIPMENT.
(a) Submission With Annual Budget Justification Documents.--For
fiscal year 2013 and each subsequent fiscal year, the Secretary of
Defense shall submit to the President, for inclusion with the budget
materials submitted to Congress under section 1105(a) of title 31,
United States Code, a budget justification display that covers all
programs and activities associated with the procurement of
organizational clothing and individual equipment.
(b) Requirements for Budget Display.--The budget justification
display under subsection (a) for a fiscal year shall include the
following:
(1) The funding requirements in each budget activity and for
each Armed Force for organizational clothing and individual
equipment.
(2) The amount in the budget for each of the Armed Forces
for organizational clothing and equipment for that fiscal year.
(c) Definition.--In this section, the term ``organizational clothing
and individual equipment'' means an item of organizational clothing or
equipment prescribed for wear or use with the uniform.
SEC. 1095. NATIONAL ROCKET PROPULSION STRATEGY.
(a) Sense of the Congress.--It is the sense of Congress that the
sustainment of the solid rocket motor and liquid rocket engine
industrial base is a national challenge that spans multiple departments
and agencies of the Federal Government and requires the attention of the
President.
(b) <<NOTE: Deadline. President.>> Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a national rocket
propulsion strategy for the United States, including--
(A) a description and assessment of the effects to
programs of the Department of Defense and intelligence
community that rely on the solid rocket motor and liquid
rocket engine industrial base caused by the end of the
Space Shuttle program and termination of the
Constellation program;
(B) a description of the plans of the President, the
Secretary of Defense, the intelligence community, and
the Administrator of the National Aeronautics and Space
Administration to mitigate the impact of the end of the
Space Shuttle program and termination of the
Constellation program on the solid rocket motor and
liquid rocket engine propulsion industrial base of the
United States;
(C) a consolidated plan that outlines key decision
points for the current and next-generation mission
requirements of the United States with respect to
tactical and strategic missiles, missile defense
interceptors, targets, and satellite and human
spaceflight launch vehicles;
(D) options and recommendations for synchronizing
plans, programs, and budgets for research and
development, procurement, operations, and workforce
among the appropriate departments and agencies of the
Federal Government to strengthen the solid rocket motor
and liquid
[[Page 125 STAT. 1608]]
rocket engine propulsion industrial base of the United
States; and
(E) any other relevant information the President
considers necessary.
(2) Long-term icbm plan.--On the date on which the President
submits to Congress the budget for fiscal year 2013 under
section 1105 of title 31, United States Code, the President
shall transmit to the appropriate congressional committees a
long-term plan for maintaining a minimal capacity to produce
intercontinental ballistic missile solid rocket motors.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services, Science, Space, and
Technology, Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) The Committees on Armed Services, Commerce, Science, and
Transportation, Appropriations, and the Select Committee on
Intelligence of the Senate.
SEC. 1096. GRANTS TO CERTAIN REGULATED COMPANIES FOR SPECIFIED
ENERGY PROPERTY NOT SUBJECT TO
NORMALIZATION RULES.
(a) In General.--The first sentence of section 1603(f) of the
American Recovery and Reinvestment Tax Act of 2009 <<NOTE: 26 USC 48
note.>> is amended by inserting ``(other than subsection (d)(2)
thereof)'' after ``section 50 of the Internal Revenue Code of 1986''.
(b) <<NOTE: 26 USC 48 note.>> Effective Date.--The amendment made
by this section shall take effect as if included in section 1603 of the
American Recovery and Reinvestment Tax Act of 2009.
SEC. 1097. <<NOTE: 49 USC 40101 note.>> UNMANNED AERIAL SYSTEMS
AND NATIONAL AIRSPACE.
(a) <<NOTE: Deadline.>> Establishment.--Not later than 180 days
after the date of the enactment of this Act, the Administrator of the
Federal Aviation Administration shall establish a program to integrate
unmanned aircraft systems into the national airspace system at six test
ranges.
(b) Program Requirements.--In establishing the program under
subsection (a), the Administrator shall--
(1) safely designate nonexclusionary airspace for integrated
manned and unmanned flight operations in the national airspace
system;
(2) develop certification standards and air traffic
requirements for unmanned flight operations at test ranges;
(3) coordinate with and leverage the resources of the
Department of Defense and the National Aeronautics and Space
Administration;
(4) address both civil and public unmanned aircraft systems;
(5) ensure that the program is coordinated with the Next
Generation Air Transportation System; and
(6) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures before
integration into the national airspace system.
(c) Locations.--In determining the location of a test range for the
program under subsection (a), the Administrator shall--
(1) take into consideration geographic and climatic
diversity;
[[Page 125 STAT. 1609]]
(2) take into consideration the location of ground
infrastructure and research needs; and
(3) <<NOTE: Consultation.>> consult with the Department of
Defense and the National Aeronautics and Space Administration.
(d) <<NOTE: Deadline.>> Test Range Operation.--A project at a test
range shall be operational not later than 180 days after the date on
which the project is established.
(e) Report.--Not later than 90 days after the date of completing
each of the pilot projects, the Administrator shall submit to the
appropriate congressional committees a report setting forth the
Administrator's findings and conclusions concerning the projects that
includes a description and assessment of the progress being made in
establishing special use airspace to fill the immediate need of the
Department of Defense to develop detection techniques for small unmanned
aircraft systems and to validate sensor integration and operation of
unmanned aircraft systems.
(f) Duration.--The program under subsection (a) shall terminate on
the date that is five years after the date of the enactment of this Act.
(g) Definition.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Science, Space, and Technology of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate.
(2) The term ``test range'' means a defined geographic area
where research and development are conducted.
SEC. <<NOTE: Deadlines.>> 1098. MODIFICATION OF DATES OF
COMPTROLLER GENERAL OF THE UNITED STATES
REVIEW OF EXECUTIVE AGREEMENT ON JOINT
MEDICAL FACILITY DEMONSTRATION PROJECT,
NORTH CHICAGO AND GREAT LAKES, ILLINOIS.
Section 1701(e)(1) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2568) is amended by
striking ``and annually thereafter'' and inserting ``not later than two
years after the execution of the executive agreement, and not later than
September 30, 2015''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel
Sec. 1101. Amendments to Department of Defense personnel authorities.
Sec. 1102. Provisions relating to the Department of Defense performance
management system.
Sec. 1103. Repeal of sunset provision relating to direct hire authority
at demonstration laboratories.
Sec. 1104. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum-age limit for certain
appointments.
Sec. 1108. Sense of Congress relating to pay parity for Federal
employees serving at certain remote military installations.
[[Page 125 STAT. 1610]]
Sec. 1109. Federal internship programs.
Sec. 1110. Extension and expansion of experimental personnel program for
scientific and technical personnel.
Sec. 1111. Authority of the Secretaries of the military departments to
employ up to 10 persons without pay.
Sec. 1112. Two-year extension of discretionary authority to grant
allowances, benefits, and gratuities to personnel on official
duty in a combat zone.
Subtitle B--Other Matters
Sec. 1121. Modification of beneficiary designation authorities for death
gratuity payable upon death of a United States Government
employee in service with the Armed Forces.
Sec. 1122. Authority for waiver of recovery of certain payments
previously made under civilian employees voluntary separation
incentive program.
Sec. 1123. Extension of continued health benefits.
Sec. 1124. Disclosure of senior mentors.
Sec. 1125. Termination of Joint Safety Climate Assessment System.
Subtitle A--Personnel
SEC. 1101. AMENDMENTS TO DEPARTMENT OF DEFENSE PERSONNEL
AUTHORITIES.
(a) Career Paths.--Section 9902(a)(1) of title 5, United States
Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D) Development of attractive career paths.''.
(b) Appointment Flexibilities.--Section 9902(b) of title 5, United
States Code, is amended by adding at the end the following:
``(5) The Secretary shall develop a training program for Department
of Defense human resource professionals to implement the requirements of
this subsection.
``(6) The Secretary shall develop indicators of effectiveness to
determine whether appointment flexibilities under this subsection have
achieved the objectives set forth in paragraph (1).''.
(c) Additional Requirements.--Section 9902(c) of title 5, United
States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) provide mentors to advise individuals on their career
paths and opportunities to advance and excel within their
fields;
``(7) develop appropriate procedures for warnings during
performance evaluations for employees who fail to meet
performance standards;''.
(d) Technical and Conforming Amendments.--
(1) Technical amendment.--The heading for chapter 99 of
title 5, United States Code, is amended to read as follows:
``CHAPTER 99--DEPARTMENT OF DEFENSE PERSONNEL AUTHORITIES''.
(2) Conforming amendment.--The table of chapters for part
III of title 5, United States Code, is amended by striking the
item relating to chapter 99 and inserting the following:
``99. Department of Defense Personnel Authorities................9901''.
[[Page 125 STAT. 1611]]
SEC. 1102. PROVISIONS RELATING TO THE DEPARTMENT OF DEFENSE
PERFORMANCE MANAGEMENT SYSTEM.
(a) In General.--Section 9902 of title 5, United States Code, is
amended by adding at the end the following:
``(h) Reports.--
``(1) In general.--Not later than 1 year after the
implementation of any performance management and workforce
incentive system under subsection (a) or any procedures relating
to personnel appointment flexibilities under subsection (b)
(whichever is earlier), and whenever any significant action is
taken under any of the preceding provisions of this section (but
at least biennially) thereafter, the Secretary shall--
``(A) conduct appropriately designed and
statistically valid internal assessments or employee
surveys to assess employee perceptions of any program,
system, procedures, or other aspect of personnel
management, as established or modified under authority
of this section; and
``(B) submit to the appropriate committees of
Congress and the Comptroller General, a report
describing the results of the assessments or surveys
conducted under subparagraph (A) (including the
methodology used), together with any other information
which the Secretary considers appropriate.
``(2) Review.--After receiving any report under paragraph
(1), the Comptroller General--
``(A) shall review the assessments or surveys
described in such report to determine if they were
appropriately designed and statistically valid;
``(B) shall conduct a review of the extent to which
the program, system, procedures, or other aspect of
program management concerned (as described in paragraph
(1)(A)) is fair, credible, transparent, and otherwise in
conformance with the requirements of this section; and
``(C) within 6 months after receiving such report,
shall submit to the appropriate committees of Congress--
``(i) an independent evaluation of the results
of the assessments or surveys reviewed under
subparagraph (A), and
``(ii) the findings of the Comptroller General
based on the review under subparagraph (B),
together with any recommendations the Comptroller
General considers appropriate.
``(3) Definition.--For purposes of this subsection, the term
`appropriate committees of Congress' means--
``(A) the Committees on Armed Services of the Senate
and the House of Representatives;
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(C) the Committee on Oversight and Government
Reform of the House of Representatives.''.
(b) <<NOTE: 5 USC 9902 note.>> Reports.--(1) The Secretary of
Defense shall submit to the covered committees--
(A) no later than 12 months after the date of enactment of
this Act and semiannually thereafter until fully implemented--
[[Page 125 STAT. 1612]]
(i) a plan for the personnel management system, as
authorized by section 9902(a) of title 5, United States
Code (as amended by section 1101(a)); and
(ii) progress reports on the design and
implementation of the personnel management system (as
described in subparagraph (A)); and
(B) no later than 12 months after the date of enactment of
this Act and semiannually thereafter until fully implemented--
(i) a plan for the appointment procedures, as
authorized by section 9902(b) of such title 5 (as
amended by section 1101(b)); and
(ii) progress reports on the design and
implementation of the appointment procedures (as
described in subparagraph (A)).
(2) Implementation of a plan described in paragraph (1)(B) may not
commence before the 90th day after the date on which such plan is
submitted under this subsection to the covered committees.
(3) <<NOTE: Definition.>> For the purposes of this subsection, the
term ``covered committees'' means--
(A) the Committees on Armed Services of the Senate and the
House of Representatives;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Oversight and Government Reform of the
House of Representatives.
(c) Repeal of Superseded Provisions.--The following sections are
repealed:
(1) <<NOTE: 5 USC 9902 note.>> Section 1106(b) of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 357), as amended by section 1113(h) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2503).
(2) <<NOTE: 5 USC 9902 note.>> Section 1113(e) of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2502).
SEC. 1103. <<NOTE: 10 USC note prec. 1580.>> REPEAL OF SUNSET
PROVISION RELATING TO DIRECT HIRE
AUTHORITY AT DEMONSTRATION LABORATORIES.
Section 1108 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. chapter 81 note) is
amended by striking subsection (e).
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Effective <<NOTE: Effective date.>> January 1, 2012, section 1101(a)
of the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4615), as most recently amended by
section 1103 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4382), is further
amended by striking ``through 2011'' and inserting ``through 2012''.
SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS.
Section 9903(d) of title 5, United States Code, is amended--
(1) by amending paragraph (2) to read as follows:
[[Page 125 STAT. 1613]]
``(2) An employee appointed under this section is not eligible for
any bonus, monetary award, or other monetary incentive for service,
except for--
``(A) payments authorized under this section; and
``(B) in the case of an employee who is assigned in support
of a contingency operation (as defined in section 101(a)(13) of
title 10), allowances and any other payments authorized under
chapter 59.''; and
(2) in paragraph (3), by adding at the end the following:
``In computing an employee's total annual compensation for
purposes of the preceding sentence, any payment referred to in
paragraph (2)(B) shall be excluded.''.
SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS.
(a) In General.--Chapter 79 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 7906. Services of post-combat case coordinators
``(a) Definitions.--For purposes of this section--
``(1) the terms `employee', `agency', `injury', `war-risk
hazard', and `hostile force or individual' have the meanings
given those terms in section 8101; and
``(2) the term `qualified employee' means an employee as
described in subsection (b).
``(b) Requirement.--The head of each agency shall, in a manner
consistent with the guidelines prescribed under subsection (c), provide
for the assignment of a post-combat case coordinator in the case of any
employee of such agency who suffers an injury or disability incurred, or
an illness contracted, while in the performance of such employee's
duties, as a result of a war-risk hazard or during or as a result of
capture, detention, or other restraint by a hostile force or individual.
``(c) Guidelines.--The Office of Personnel Management shall, after
such consultation as the Office considers appropriate, prescribe
guidelines for the operation of this section. Under the guidelines, the
responsibilities of a post-combat case coordinator shall include--
``(1) acting as the main point of contact for qualified
employees seeking administrative guidance or assistance relating
to benefits under chapter 81 or 89;
``(2) assisting qualified employees in the collection of
documentation or other supporting evidence for the expeditious
processing of claims under chapter 81 or 89;
``(3) assisting qualified employees in connection with the
receipt of prescribed medical care and the coordination of
benefits under chapter 81 or 89;
``(4) resolving problems relating to the receipt of benefits
under chapter 81 or 89; and
``(5) ensuring that qualified employees are properly
screened and receive appropriate treatment--
``(A) for post-traumatic stress disorder or other
similar disorder stemming from combat trauma; or
``(B) for suicidal or homicidal thoughts or
behaviors.
``(d) Duration.--The services of a post-combat case coordinator
shall remain available to a qualified employee until--
``(1) such employee accepts or declines a reasonable offer
of employment in a position in the employee's agency for which
the employee is qualified, which is not lower than 2 grades
[[Page 125 STAT. 1614]]
(or pay levels) below the employee's grade (or pay level) before
the occurrence or onset of the injury, disability, or illness
(as referred to in subsection (a)), and which is within the
employee's commuting area; or
``(2) such employee gives written notice, in such manner as
the employing agency prescribes, that those services are no
longer desired or necessary.''.
(b) Clerical Amendment.--The table of sections for chapter 79 of
title 5, United States Code, is amended by adding after the item
relating to section 7905 the following:
``7906. Services of post-combat case coordinators.''.
SEC. 1107. AUTHORITY TO WAIVE MAXIMUM-AGE LIMIT FOR CERTAIN
APPOINTMENTS.
Section 3307(e) of title 5, United States Code, is amended--
(1) by striking ``(e) The'' and inserting ``(e)(1) Except as
provided in paragraph (2), the''; and
(2) by adding at the end the following:
``(2)(A) In the case of the conversion of an agency function from
performance by a contractor to performance by an employee of the agency,
the head of the agency, in consultation with the Director of the Office
of Personnel Management, may waive any maximum limit of age, determined
or fixed for positions within such agency under paragraph (1), if
necessary in order to promote the recruitment or appointment of
experienced personnel.
``(B) <<NOTE: Definitions.>> For purposes of this paragraph--
``(i) the term `agency' means the Department of Defense or a
military department; and
``(ii) the term `head of the agency' means--
``(I) in the case of the Department of Defense, the
Secretary of Defense; and
``(II) in the case of a military department, the
Secretary of such military department.''.
SEC. 1108. SENSE OF CONGRESS RELATING TO PAY PARITY FOR FEDERAL
EMPLOYEES SERVING AT CERTAIN REMOTE
MILITARY INSTALLATIONS.
It is the sense of Congress that the Secretary of Defense and the
Director of the Office of Personnel Management should develop procedures
for determining locality pay for employees of the Department of Defense
in circumstances that may be unique to such employees, such as the
assignment of employees to a military installation so remote from the
nearest established communities or suitable places of residence as to
handicap significantly the recruitment or retention of well qualified
individuals, due to the difference between the cost of living at the
post of assignment and the cost of living in the locality or localities
where such employees generally reside.
SEC. 1109. FEDERAL INTERNSHIP PROGRAMS.
(a) In General.--Subchapter I of chapter 31 of title 5, United
States Code, is amended by inserting after section 3111 the following:
[[Page 125 STAT. 1615]]
``Sec. 3111a. Federal internship programs
``(a) <<NOTE: Appointment.>> Internship Coordinator.--The head of
each agency operating an internship program shall appoint an individual
within such agency to serve as an internship coordinator.
``(b) Online Information.--
``(1) Agencies.--The <<NOTE: Public information.>> Office of
Personnel Management shall make publicly available on the
Internet--
``(A) the name and contact information of the
internship coordinator for each agency; and
``(B) information regarding application procedures
and deadlines for each internship program.
``(2) Office of personnel management.--The Office of
Personnel Management shall make publicly available on the
Internet links to the websites where the information described
in paragraph (1) is displayed.
``(c) Definitions.--For purposes of this section--
``(1) the term `internship program' means--
``(A) a volunteer service program under section
3111(b);
``(B) an internship program established under
Executive Order 13562, dated December 27, 2010 (75
Federal Register 82585);
``(C) a program operated by a nongovernment
organization for the purpose of providing paid
internships in agencies under a written agreement that
is similar to an internship program established under
Executive Order 13562, dated December 27, 2010 (75
Federal Register 82585); or
``(D) a program that--
``(i) is similar to an internship program
established under Executive Order 13562, dated
December 27, 2010 (75 Federal Register 82585); and
``(ii) is authorized under another statutory
provision of law;
``(2) the term `intern' means an individual participating in
an internship program; and
``(3) the term `agency' means an Executive agency.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 5, United States Code, is amended by inserting after the item
relating to section 3111 the following:
``3111a. Federal internship programs.''.
(c) <<NOTE: 5 USC 3111a note.>> Regulations.--The Office of
Personnel Management may prescribe regulations to carry out the
amendment made by subsection (a).
SEC. 1110. <<NOTE: 5 USC 3104 note.>> EXTENSION AND EXPANSION OF
EXPERIMENTAL PERSONNEL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) Extension.--Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is amended
in subsection (e)(1) by striking ``2014'' and inserting ``2016''.
(b) Expansion of Availability of Personnel Management Authority.--
Subsection (b)(1) of such section is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
[[Page 125 STAT. 1616]]
``(E) not more than a total of 10 scientific and engineering
positions in the Office of the Director of Operational Test and
Evaluation;''.
SEC. 1111. AUTHORITY OF THE SECRETARIES OF THE MILITARY
DEPARTMENTS TO EMPLOY UP TO 10 PERSONS
WITHOUT PAY.
Section 1583 of title 10, United States Code, is amended in the
first sentence--
(1) by inserting ``and the Secretaries of the military
departments'' after ``the Secretary of Defense''; and
(2) by inserting ``each'' after ``may''.
SEC. 1112. TWO-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616), is amended by striking
``fiscal years 2009, 2010, and 2011'' and inserting ``fiscal years 2009
through 2013''.
Subtitle B--Other Matters
SEC. 1121. MODIFICATION OF BENEFICIARY DESIGNATION AUTHORITIES FOR
DEATH GRATUITY PAYABLE UPON DEATH OF A
UNITED STATES GOVERNMENT EMPLOYEE IN
SERVICE WITH THE ARMED FORCES.
(a) Authority To Designate More Than 50 Percent of Death Gratuity to
Unrelated Persons.--
(1) In general.--Paragraph (4) of section 8102a(d) of title
5, United States Code, is amended--
(A) by striking the first sentence and inserting ``A
person covered by this section may designate another
person to receive an amount payable under this
section.''; and
(B) in the second sentence, by striking ``up to the
maximum of 50 percent''.
(2) <<NOTE: Applicability. 5 USC 8102a note.>> Effective
date.--The amendments made by this subsection shall take effect
on the date of enactment of this Act and apply to the payment of
a death gratuity based on any death occurring on or after that
date.
(b) Notice to Spouse of Designation of Another Person to Receive
Portion of Death Gratuity.--Section 8102a(d) of such title is further
amended by adding at the end the following:
``(6) If a person covered by this section has a spouse, but
designates a person other than the spouse to receive all or a
portion of the amount payable under this section, the head of
the agency, or other entity, in which that person is employed
shall provide notice of the designation to the spouse.''.
[[Page 125 STAT. 1617]]
SEC. 1122. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS
PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES
VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) Authority for Waiver.--Subject to subsection (c), the Secretary
of Defense may waive the requirement under subsection (f)(6)(B) of
section 9902 of title 5, United States Code, for repayment to the
Department of Defense of a voluntary separation incentive payment made
under subsection (f)(1) of that section in the case of an employee or
former employee of the Department of Defense described in subsection
(b).
(b) <<NOTE: Applicability. Time period.>> Persons Covered.--
Subsection (a) applies to any employee or former employee of the
Department of Defense--
(1) who during the period beginning on April 1, 2004, and
ending on March 1, 2008, received a voluntary separation
incentive payment under subsection (f)(1) of section 9902 of
title 5, United States Code;
(2) who was reappointed to a position in the Department of
Defense to support a declared national emergency related to
terrorism or a natural disaster during the period beginning on
June 1, 2004, and ending on March 1, 2008; and
(3) with respect to whom the Secretary determines--
(A) that the employee or former employee, before
accepting the reappointment referred to in paragraph
(2), received a representation from an officer or
employee of the Department of Defense that recovery of
the amount of the payment referred to in paragraph (1)
would not be required or would be waived; and
(B) that the employee or former employee reasonably
relied on that representation when accepting
reappointment.
(c) Required Determination.--The Secretary of Defense may grant a
waiver under subsection (a) in the case of any individual only if the
Secretary determines that recovery of the amount of the payment
otherwise required would be against equity and good conscience because
of the circumstances of that individual's reemployment after receiving a
voluntary separation incentive payment.
(d) Treatment of Prior Repayments.--The Secretary of Defense may,
pursuant to a determination under subsection (c) specific to an
individual, provide for reimbursement to that individual for any amount
the individual has previously repaid to the United States for a
voluntary separation incentive payment covered by this section. The
reimbursement shall be paid either from the appropriations into which
the repayment was deposited, if such appropriations remain available, or
from appropriations currently available for the purposes of the
appropriation into which the repayment was deposited.
(e) Expiration of Authority.--The authority to grant a waiver under
this section shall expire on December 31, 2012.
SEC. 1123. EXTENSION OF CONTINUED HEALTH BENEFITS.
Section 8905a(d)(4)(B) of title 5, United States Code, is amended--
(1) by striking ``December 31, 2011'' each place it appears
and inserting ``December 31, 2016''; and
(2) in clause (ii), by striking ``February 1, 2012'' and
inserting ``February 1, 2017''.
[[Page 125 STAT. 1618]]
SEC. 1124. <<NOTE: 5 USC 9903 note.>> DISCLOSURE OF SENIOR
MENTORS.
(a) Requirement to Disclose Names of Senior Mentors.--The Secretary
of Defense shall disclose the names of senior mentors serving in the
Department of Defense by publishing a list of the names on the publicly
available website of the Department of Defense. The list shall be
updated at least quarterly.
(b) Senior Mentor Defined.--In this section, the term ``senior
mentor'' has the meaning provided in the memorandum from the Secretary
of Defense relating to policy on senior mentors, dated April 1, 2010.
SEC. 1125. TERMINATION OF JOINT SAFETY CLIMATE ASSESSMENT SYSTEM.
Effective as of October 1, 2011, or the date of the enactment of
this Act, whichever is later, the Joint Safety Climate Assessment System
of the Department of Defense is terminated.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Commanders' Emergency Response Program in Afghanistan.
Sec. 1202. Three-year extension of temporary authority to use
acquisition and cross-servicing agreements to lend military
equipment for personnel protection and survivability.
Sec. 1203. Extension and expansion of authority for support of special
operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to program
to build the capacity of foreign military forces.
Sec. 1205. Two-year extension of authorization for non-conventional
assisted recovery capabilities.
Sec. 1206. Support of foreign forces participating in operations to
disarm the Lord's Resistance Army.
Sec. 1207. Global Security Contingency Fund.
Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan
Sec. 1211. Extension and modification of logistical support for
coalition forces supporting operations in Iraq and
Afghanistan.
Sec. 1212. One-year extension of authority to transfer defense articles
and provide defense services to the military and security
forces of Iraq and Afghanistan.
Sec. 1213. One-year extension of authority for reimbursement of certain
coalition nations for support provided to United States
military operations.
Sec. 1214. Limitation on funds to establish permanent military
installations or bases in Iraq and Afghanistan.
Sec. 1215. Authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1216. One-year extension of authority to use funds for
reintegration activities in Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out
infrastructure projects in Afghanistan.
Sec. 1218. Two-year extension of certain reports on Afghanistan.
Sec. 1219. Limitation on availability of amounts for reintegration
activities in Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency
Fund.
Sec. 1221. Benchmarks to evaluate the progress being made toward the
transition of security responsibilities for Afghanistan to
the Government of Afghanistan.
Subtitle C--Reports and Other Matters
Sec. 1231. Report on Coalition Support Fund reimbursements to the
Government of Pakistan for operations conducted in support of
Operation Enduring Freedom.
Sec. 1232. Review and report on Iran's and China's conventional and
anti-access capabilities.
[[Page 125 STAT. 1619]]
Sec. 1233. Report on energy security of the NATO alliance.
Sec. 1234. Comptroller General of the United States report on the
National Guard State Partnership Program.
Sec. 1235. Man-portable air-defense systems originating from Libya.
Sec. 1236. Report on military and security developments involving the
Democratic People's Republic of Korea.
Sec. 1237. Sense of Congress on non-strategic nuclear weapons and
extended deterrence policy.
Sec. 1238. Annual report on military and security developments involving
the People's Republic of China.
Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet
Pilot Training program.
Sec. 1240. Report on Russian nuclear forces.
Sec. 1241. Report on progress of the African Union in operationalizing
the African Standby Force.
Sec. 1242. Defense cooperation with Republic of Georgia.
Sec. 1243. Prohibition on procurements from Communist Chinese military
companies.
Sec. 1244. Sharing of classified United States ballistic missile defense
information with the Russian Federation.
Sec. 1245. Imposition of sanctions with respect to the financial sector
of Iran.
Subtitle A--Assistance and Training
SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN.
(a) Authority for Fiscal Year 2012.--During fiscal year 2012, from
funds made available to the Department of Defense for operation and
maintenance, not to exceed $400,000,000 may be used by the Secretary of
Defense in such fiscal year to provide funds for the Commanders'
Emergency Response Program in Afghanistan.
(b) Quarterly Reports and Briefings.--
(1) Quarterly reports.--Not later than 45 days after the end
of each fiscal year quarter of fiscal year 2012, the Secretary
of Defense shall submit to the congressional defense committees
a report regarding the source of funds and the allocation and
use of funds during that quarter that were made available
pursuant to the authority provided in this section or under any
other provision of law for the purposes of the program under
subsection (a).
(2) Form.--Each report required under paragraph (1) shall be
submitted, at a minimum, in a searchable electronic format that
enables the congressional defense committees to sort the report
by amount expended, location of each project, type of project,
or any other field of data that is included in the report.
(3) Briefings.--Not later than 15 days after the submission
of each report required under paragraph (1), appropriate
officials of the Department of Defense shall meet with the
congressional defense committees to brief such committees on the
matters contained in the report.
(c) <<NOTE: Deadlines.>> Submission of Guidance.--
(1) Initial submission.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a copy of
the guidance issued by the Secretary to the Armed Forces
concerning the allocation of funds through the Commanders'
Emergency Response Program in Afghanistan.
(2) Modifications.--If the guidance in effect for the
purpose stated in paragraph (1) is modified, the Secretary shall
submit to the congressional defense committees a copy of the
[[Page 125 STAT. 1620]]
modification not later than 15 days after the date on which the
Secretary makes the modification.
(d) Waiver Authority.--For purposes of exercising the authority
provided by this section or any other provision of law making funding
available for the Commanders' Emergency Response Program in Afghanistan,
the Secretary of Defense may waive any provision of law not contained in
this section that would (but for the waiver) prohibit, restrict, limit,
or otherwise constrain the exercise of that authority.
(e) Restriction on Amount of Payments.--Funds made available under
this section for the Commanders' Emergency Response Program in
Afghanistan may not be obligated or expended to carry out any project if
the total amount of funds made available for the purpose of carrying out
the project, including any ancillary or related elements of the project,
exceeds $20,000,000.
(f) Authority To Accept Contributions.--The Secretary of Defense may
accept cash contributions from any person, foreign government, or
international organization to provide funds for the Commanders'
Emergency Response Program in Afghanistan in fiscal year 2012. Funds
received by the Secretary may be credited to the operation and
maintenance account from which funds are made available to provide such
funds, and may be used for such purpose until expended in addition to
the funds specified in subsection (a).
(g) <<NOTE: Deadline.>> Notification.--Not less than 15 days before
obligating or expending funds made available under this section for the
Commanders' Emergency Response Program in Afghanistan for a project in
Afghanistan with a total anticipated cost of $5,000,000 or more, the
Secretary of Defense shall submit to the congressional defense
committees a written notice containing the following information:
(1) The location, nature, and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for Afghanistan.
(2) The budget and implementation timeline for the proposed
project, including any other funding under the Commanders'
Emergency Response Program in Afghanistan that has been or is
anticipated to be contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including any agreement with either the Government of
Afghanistan, a department or agency of the United States
Government other than the Department of Defense, or a third
party contributor to finance the sustainment of the activities
and maintenance of any equipment or facilities to be provided
through the proposed project.
(h) Commanders' Emergency Response Program in Afghanistan Defined.--
In this section, the term ``Commanders' Emergency Response Program in
Afghanistan'' means the program that--
(1) authorizes United States military commanders in
Afghanistan to carry out small-scale projects designed to meet
urgent humanitarian relief requirements or urgent reconstruction
requirements within their areas of responsibility; and
(2) provides an immediate and direct benefit to the people
of Afghanistan.
(i) <<NOTE: Repeal.>> Conforming Amendment.--Section 1202 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3455), as most recently amended by section 1212
[[Page 125 STAT. 1621]]
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4389), is hereby repealed.
SEC. 1202. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING
AGREEMENTS TO LEND MILITARY EQUIPMENT
FOR PERSONNEL PROTECTION AND
SURVIVABILITY.
(a) Authority.--Subsection (a) of section 1202 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2412), as amended by section 1203(a) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4386), is further amended--
(1) in paragraph (1), by striking ``Iraq or''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``Iraq or'';
and
(B) in subparagraph (C), by striking ``Iraq,
Afghanistan, or'' and inserting ``Afghanistan or''.
(b) Expiration.--Subsection (e) of such section, as amended by
section 1204(b) of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4623), is further
amended by striking ``September 30, 2011'' and inserting ``September 30,
2014''.
SEC. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT OF
SPECIAL OPERATIONS TO COMBAT TERRORISM.
(a) Authority.--Subsection (a) of section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 2086), as most recently amended by section 1201
of the Ike Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 124 Stat. 4385), is further amended by
striking ``$45,000,000'' and inserting ``$50,000,000''.
(b) Clarification of Limitation on Funding.--Subsection (g) of such
section, as amended by section 1202(b) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
364), is further amended--
(1) by striking ``each fiscal year'' and inserting ``any
fiscal year''; and
(2) by striking ``pursuant to title XV of this Act'' and
inserting ``for that fiscal year''.
(c) Extension.--Subsection (h) of such section, as most recently
amended by section 1208(c) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4626), is further amended by striking ``2013'' and inserting ``2015''.
(d) Briefing and Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and House of Representatives
a briefing and a report that outlines future authorities the Secretary
of Defense determines may be necessary to adequately conduct
counterterrorism, unconventional warfare, and irregular warfare missions
by special operations forces.
SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES RELATING TO
PROGRAM TO BUILD THE CAPACITY OF FOREIGN
MILITARY FORCES.
(a) Limitation.--
[[Page 125 STAT. 1622]]
(1) In general.--Subsection (c) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3456), as most recently amended by
section 1207(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4389), is further amended in paragraph (5) by striking
``fiscal year 2012'' and inserting ``each of fiscal years 2012
and 2013''.
(2) <<NOTE: Applicability.>> Effective date.--The amendment
made by paragraph (1) shall take effect on the date of the
enactment of this Act and shall apply with respect to programs
under subsection (a) of such section that begin on or after that
date.
(b) Report.--Subsection (f) of such section is amended to read as
follows:
``(f) Report.--
``(1) In general.--Not later than 90 days after the end of
each fiscal year, the Secretary of Defense shall, with the
concurrence of the Secretary of State, transmit to the
congressional committees specified in subsection (e)(3) a report
on the implementation of this section for such fiscal year.
``(2) Matters to be included.--Each report under paragraph
(1) shall include the following:
``(A) For each program to build the capacity of a
foreign country's national military forces or maritime
security forces to conduct counterterrorism operations
that was carried out during the fiscal year covered by
such report the following:
``(i) A description of the nature and the
extent of the potential or actual terrorist threat
that the program is intended to address.
``(ii) A description of the program, including
the objectives of the program and the types of
recipient nation units receiving assistance under
the program.
``(iii) A description of the extent to which
the program is implemented by United States
Government personnel or contractors.
``(iv) A description of the participation, if
any, of the foreign country in the formulation of
the program.
``(v) A description of the arrangements, if
any, for the sustainment of the program and of the
source of funds to support sustainment of the
program.
``(vi) An assessment of the effectiveness of
the program in building the capacity of the
foreign country to conduct counterterrorism
operations during the fiscal year covered by such
report, and a description of the metrics used to
evaluate the effectiveness of the program.
``(B) A description of the procedures and guidance
for monitoring and evaluating the results of programs
under this section.''.
(c) One-year Extension of Authority.--Subsection (g) of such
section, as most recently amended by section 1207(b) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (124 Stat.
4389), is further amended--
(1) by striking ``September 30, 2012'' and inserting
``September 30, 2013''; and
(2) by striking ``fiscal years 2006 through 2012'' and
inserting ``fiscal years 2006 through 2013''.
[[Page 125 STAT. 1623]]
SEC. 1205. TWO-YEAR EXTENSION OF AUTHORIZATION FOR NON-
CONVENTIONAL ASSISTED RECOVERY
CAPABILITIES.
(a) Non-conventional Assisted Recovery Capabilities.--Subsection (a)
of section 943 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4578) is amended by
striking ``Operation and Maintenance, Navy'' and inserting ``Operation
and Maintenance, Defense-wide''.
(b) Authorized Activities.--Subsection (c) of such section is
amended--
(1) by inserting ``entities conducting activities relating
to operational preparation of the environment, including'' after
``include the provision of support to''; and
(2) by striking ``or individuals'' and inserting ``or
individuals,''.
(c) Notice to Congress on Use of Authority.--Subsection (d) of such
section is amended--
(1) by striking ``Upon'' and inserting the following:
``(1) <<NOTE: Deadline.>> Notice.--The Secretary of Defense
shall notify the congressional defense committees not later than
30 days prior to'';
(2) by striking ``, the Secretary of Defense shall notify
the congressional defense committees within 72 hours of the use
of such authority with respect to support of such activities''
and inserting a period; and
(3) by adding at the end the following:
``(2) Content.--Each notification required under paragraph
(1) shall include the following information:
``(A) The amount of funds made available for support
of non-conventional assisted recovery activities.
``(B) A description of the non-conventional assisted
recovery activities.
``(C) An identification of the type of recipients to
receive support for non-conventional assisted recovery
activities, including foreign forces, irregular forces,
groups, or individuals, as appropriate.''.
(d) Quarterly Report.--Subsection (e) of such section is amended to
read as follows:
``(e) Quarterly Report.--
``(1) Report.--The Secretary of Defense shall submit to the
relevant congressional defense committees a report on support
for non-conventional assisted recovery activities under
subsection (a) of this section. Such report shall be included as
a part of the classified quarterly report on similar activities.
``(2) Contents.--The report shall, with respect to the
covered period, include the following information:
``(A) The amount of funds obligated for support of
non-conventional assisted recovery activities.
``(B) A description of the non-conventional assisted
recovery activities.
``(C) An identification of the type of recipients to
receive support for non-conventional assisted recovery
activities, including foreign forces, irregular forces,
groups, or individuals, as appropriate.
``(D) The total amount of funds obligated for
support of non-conventional assisted recovery
activities, including budget details.
[[Page 125 STAT. 1624]]
``(E) The total amount of funds obligated for
support of non-conventional assisted recovery activities
in prior fiscal years.
``(F) The intended duration of support for support
of non-conventional assisted recovery activities.
``(G) A description of support or training provided
to the recipients of support.
``(H) A value assessment of the support provided.
``(3) <<NOTE: Definition.>> Covered period.--In this
subsection, the term `covered period' means the period with
respect to which the classified quarterly report on similar
activities applies.''.
(e) Limitation on Intelligence Activities.--Subsection (f) of such
section is amended by inserting ``or support'' after ``conduct''.
(f) Limitation on Foreign Assistance Activities.--Subsection (g)(2)
of such section is amended by striking ``defense articles or defense
services'' and inserting ``defense articles, defense services, or
defense technologies''.
(g) Period of Authority.--Subsection (h) of such section is amended
by striking ``2011'' and inserting ``2013''.
SEC. 1206. <<NOTE: Uganda. 22 USC 2151 note.>> SUPPORT OF FOREIGN
FORCES PARTICIPATING IN OPERATIONS TO
DISARM THE LORD'S RESISTANCE ARMY.
(a) Authority.--Pursuant to the policy established by the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172; 124 Stat. 1209), the Secretary of Defense may, with
the concurrence of Secretary of State, provide logistic support,
supplies, and services for foreign forces participating in operations to
mitigate and eliminate the threat posed by the Lord's Resistance Army as
follows:
(1) The national military forces of Uganda.
(2) The national military forces of any other country
determined by the Secretary of Defense, with the concurrence of
the Secretary of State, to be participating in such operations.
(b) Participation of United States Personnel.--No United States
Armed Forces personnel, United States civilian employees, or United
States civilian contractor personnel may participate in combat
operations in connection with the provision of support under subsection
(a), except for the purpose of acting in self-defense or of rescuing any
United States citizen (including any member of the United States Armed
Forces, any United States civilian employee, or any United States
civilian contractor).
(c) Funding.--
(1) In general.--Of the amount authorized to be appropriated
for the Department of Defense for each of fiscal years 2012 and
2013 for operation and maintenance, not more than $35,000,000
may be utilized in each such fiscal year to provide support
under subsection (a).
(2) Availability of funds across fiscal years.--Amounts
available under this subsection for a fiscal year for support
under the authority in subsection (a) may be used for support
under that authority that begins in such fiscal year but ends in
the next fiscal year.
(d) Limitations.--
(1) In general.--The Secretary of Defense may not use the
authority in subsection (a) to provide any type of support that
is otherwise prohibited by any provision of law.
[[Page 125 STAT. 1625]]
(2) Eligible countries.--The Secretary of Defense may not
use the authority in subsection (a) to provide support to any
foreign country that is otherwise prohibited from receiving such
type of support under any other provision of law.
(e) Notice to Congress on Eligible Countries.--The Secretary of
Defense may not provide support under subsection (a) for the national
military forces of a country determined to be eligible for such support
under that subsection until the Secretary notifies the appropriate
committees of Congress of the eligibility of the country for such
support.
(f) <<NOTE: Deadline.>> Notice to Congress on Support to Be
Provided.--Not less than 15 days before the date on which funds are
obligated to provide support under subsection (a), the Secretary of
Defense shall submit to the appropriate committees of Congress a notice
setting forth the following:
(1) The type of support to be provided.
(2) The national military forces to be supported.
(3) The objectives of such support.
(4) The estimated cost of such support.
(5) The intended duration of such support.
(g) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) The term ``logistic support, supplies, and services''
has the meaning given that term in section 2350(1) of title 10,
United States Code.
(h) Expiration.--The authority provided under this section may not
be exercised after September 30, 2013.
SEC. 1207. <<NOTE: 22 USC 2151 note.>> GLOBAL SECURITY CONTINGENCY
FUND.
(a) Establishment.--There is established on the books of the
Treasury of the United States an account to be known as the ``Global
Security Contingency Fund'' (in this section referred to as the
``Fund'').
(b) Authority.--Notwithstanding any other provision of law (other
than the provisions of section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371) and the section 620J of such Act relating to
limitations on assistance to security forces (22 U.S.C. 2378d)), amounts
in the Fund shall be available to either the Secretary of State or the
Secretary of Defense to provide assistance to countries designated by
the Secretary of State, with the concurrence of the Secretary of
Defense, for purposes of this section, as follows:
(1) To enhance the capabilities of a country's national
military forces, and other national security forces that conduct
border and maritime security, internal defense, and
counterterrorism operations, as well as the government agencies
responsible for such forces, to--
(A) conduct border and maritime security, internal
defense, and counterterrorism operations; and
[[Page 125 STAT. 1626]]
(B) participate in or support military, stability,
or peace support operations consistent with United
States foreign policy and national security interests.
(2) For the justice sector (including law enforcement and
prisons), rule of law programs, and stabilization efforts in a
country in cases in which the Secretary of State, in
consultation with the Secretary of Defense, determines that
conflict or instability in a country or region challenges the
existing capability of civilian providers to deliver such
assistance.
(c) Types of Assistance.--
(1) Authorized elements.--A program to provide the
assistance under subsection (b)(1) may include the provision of
equipment, supplies, and training.
(2) Required elements.--A program to provide the assistance
under subsection (b)(1) shall include elements that promote--
(A) observance of and respect for human rights and
fundamental freedoms; and
(B) respect for legitimate civilian authority within
the country concerned.
(d) Formulation and Approval of Assistance Programs.--
(1) Security programs.--The Secretary of State and the
Secretary of Defense shall jointly formulate assistance programs
under subsection (b)(1). Assistance programs to be carried out
pursuant to subsection (b)(1) shall be approved by the Secretary
of State, with the concurrence of the Secretary of Defense,
before implementation.
(2) Justice sector and stabilization programs.--The
Secretary of State, in consultation with the Secretary of
Defense, shall formulate assistance programs under subsection
(b)(2). Assistance programs to be carried out under the
authority in subsection (b)(2) shall be approved by the
Secretary of State, with the concurrence of the Secretary of
Defense, before implementation.
(e) Relation to Other Authorities.--The authority to provide
assistance under this section is in addition to any other authority to
provide assistance to foreign nations. The administrative authorities of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall be
available to the Secretary of State with respect to funds available to
carry out this section.
(f) Transfer Authority.--
(1) Department of defense funds.--Funds authorized to be
appropriated to the Department of Defense for operation and
maintenance for Defense-wide activities may be transferred to
the Fund by the Secretary of Defense in accordance with
established procedures for reprogramming under section 1001 of
this Act and successor provisions of law. Amounts transferred
under this paragraph shall be merged with funds otherwise made
available under this section and remain available until expended
as provided in subsection (i) for the purposes specified in
subsection (b).
(2) Limitation.--The total amount of funds transferred to
the Fund in any fiscal year from the Department of Defense may
not exceed $200,000,000.
(3) Transfers to other accounts.--Funds available to carry
out assistance authorized by this section may be transferred to
an agency or account determined most appropriate
[[Page 125 STAT. 1627]]
to facilitate the provision of assistance authorized by this
section.
(4) Relation to other transfer authorities.--The transfer
authorities in paragraphs (1) and (3) are in addition to any
other transfer authority available to the Department of Defense.
(g) Allocation of Contributions To Assistance.--The contribution of
the Secretary of State to an activity under the authority in subsection
(b) shall be not less than 20 percent of the total amount required for
such activity. The contribution of the Secretary of Defense to such
activity shall be not more than 80 percent of the total amount required.
(h) Authority To Accept Gifts.--The Secretary of State may use
money, funds, property, and services accepted pursuant to the authority
of section 635(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2395(d)) to fulfill the purposes of subsection (b).
(i) Availability of Funds.--Amounts in the Fund shall remain
available until September 30, 2015, except that amounts appropriated or
transferred to the Fund before that date shall remain available for
obligation and expenditure after that date for activities under programs
commenced under subsection (b) before that date.
(j) Administrative Expenses.--Amounts in the Fund may be used for
necessary administrative expenses in connection with the provision of
assistance under this section.
(k) Detail of Personnel.--The head of an agency of the United States
Government may detail personnel to the Department of State to carry out
the purposes of this section, with or without reimbursement for all or
part of the costs of salaries and other expenses associated with such
personnel.
(l) Notices to Congress.--
(1) <<NOTE: Deadline.>> In general.--Not less than 15 days
before initiating an activity under a program of assistance
under subsection (b), the Secretary of State, with the
concurrence of the Secretary of Defense, shall submit to the
specified congressional committees a notification that includes
the following:
(A) A detailed justification for the program.
(B) The budget, execution plan and timeline, and
anticipated completion date for the activity.
(C) A list of other security-related assistance or
justice sector and stabilization assistance that the
United States is currently providing the country
concerned and that is related to or supported by the
activity.
(D) Such other information relating to the program
or activity as the Secretary of State or Secretary of
Defense considers appropriate.
(2) <<NOTE: Deadline.>> Exercise of transfer authority.--No
transfer of funds into the Fund under subsection (f) or any
other authority may occur until 15 days after the specified
congressional committees are notified of the transfer.
(3) Guidance and processes for exercise of authority.--
The <<NOTE: Notification. Deadline.>> Secretary of State, with
the concurrence of the Secretary of Defense, shall notify the
specified congressional committees 15 days after the date on
which all necessary guidance has been issued and processes for
implementation of the authority in subsection (b) are
established and fully operational.
[[Page 125 STAT. 1628]]
(m) Annual Reports.--Not later than October 30, 2012, and annually
thereafter until the expiration of the authority in subsection (b)
pursuant to subsection (q), the Secretary of State and the Secretary of
Defense jointly shall submit to the specified congressional committees a
report on the following:
(1) The obligation of funds from, and transfer of funds
into, the Fund during the preceding fiscal year.
(2) The status of programs and activities authorized under
this section during the preceding fiscal year.
(n) Transitional Authorities.--
(1) In general.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide the types of
assistance described in subsection (c), and assistance for minor
military construction, during fiscal year 2012 as follows:
(A) To enhance the capacity of the national military
forces, security agencies serving a similar defense
function, and border security forces of Djibouti,
Ethiopia, and Kenya to conduct counterterrorism
operations against al-Qaeda, al-Qaeda affiliates, and al
Shabaab.
(B) To enhance the capacity of national military
forces participating in the African Union Mission in
Somalia to conduct counterterrorism operations described
in subparagraph (A).
(C) To enhance the ability of the Yemen Ministry of
Interior Counter Terrorism Forces to conduct counter-
terrorism operations against al-Qaeda in the Arabian
Peninsula and its affiliates.
(2) Limitations.--
(A) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in this
subsection to provide any type of assistance that is
otherwise prohibited by any provision of law.
(B) Eligible countries.--The Secretary of Defense
may not use the authority in this subsection to provide
a type of assistance to a foreign country that is
otherwise prohibited from receiving such type of
assistance under any other provision of law.
(C) <<NOTE: Deadline. Certification.>> Yemen.--The
authority specified in paragraph (1)(C), and the
authority to provide assistance pursuant to section 1206
of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163; 119 Stat. 2456), may not
be used for Yemen until 30 days after the date on which
the Secretary of Defense and the Secretary of State
jointly certify in writing to the specified
congressional committees that the use of such authority
is important to the national security interests of the
United States. The certification shall include the
following:
(i) The reasons for the certification.
(ii) A justification for the provision of
assistance.
(iii) An acknowledgment by the Secretary of
Defense and the Secretary of State that they have
received assurance from the Government of Yemen
that any assistance so provided will be utilized
in manner consistent with subsection (c)(2).
(3) <<NOTE: Deadline.>> Notice to congress.--Not less than
15 days before funds are obligated to provide assistance under
this subsection,
[[Page 125 STAT. 1629]]
the Secretary of Defense shall submit to the specified
congressional committees a notice setting forth the following:
(A) The type of assistance to be provided.
(B) The national military forces to be supported.
(C) The objectives of such assistance.
(D) The estimated cost of such assistance.
(E) The intended duration of such assistance.
(4) Termination.--
(A) In general.--Assistance authorized by this
subsection may be provided until the earlier of--
(i) the date on which the Secretary of State
determines that all necessary guidance has been
issued and processes for implementation of the
authority in subsection (b) are established and
fully operational; or
(ii) September 30, 2012.
(B) Completion of ongoing activities after
termination.--An assistance activity authorized by this
subsection that begins before the date of termination
provided in subparagraph (A) may be completed after that
date, but only using funds available before that date.
(o) Funding.--
(1) Fiscal year 2012.--The total amount available to the
Department of Defense and the Department of State to provide
assistance under this section during fiscal year 2012 may not
exceed $350,000,000, of which--
(A) $75,000,000 may be used for assistance
authorized by subparagraphs (A) and (B) of subsection
(n)(1); and
(B) $75,000,000 may be used for assistance
authorized by subparagraph (C) of subsection (n)(1).
(2) Fiscal years 2013 and after.--The total amount available
to the Department of Defense and the Department of State to
provide assistance under this section during a fiscal year after
fiscal year 2012 may not exceed $300,000,000.
(p) <<NOTE: Definition.>> Specified Congressional Committees.--In
this section, the term ``specified congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate.
(q) Expiration.--The authority under this section may not be
exercised after September 30, 2015. An activity under a program
authorized by subsection (b) commenced before that date may be completed
after that date, but only using funds available for fiscal years 2012
through 2015.
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.
(a) Extension.--Section 1234 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122
[[Page 125 STAT. 1630]]
Stat. 394), as amended by section 1218 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4394), is further amended by striking ``fiscal year 2011'' each
place it appears and inserting ``fiscal year 2012''.
(b) Amount of Funds Available.--Subsection (d) of such section is
amended by striking ``$400,000,000'' and inserting ``$450,000,000''.
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.
(a) Extension of Authority.--Subsection (h) of section 1234 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 2532), as amended by section 1214 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4391), is further amended by striking ``December 31,
2011'' and inserting ``December 31, 2012''.
(b) Quarterly Reports.--Subsection (f)(1) of such section, as so
amended, is further amended by striking ``and every 90 days thereafter
through March 31, 2012'' and inserting ``every 90 days thereafter
through March 31, 2012, and at the end of each calendar quarter, if any,
thereafter through March 31, 2013, in which the authority in subsection
(a) is implemented''.
SEC. 1213. ONE-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT
PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as amended by section 1223 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2519) and section 1213 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4391), is
further amended by striking ``by section 1510 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011'' and inserting
``for fiscal year 2012 for overseas contingency operations''.
(b) Limitation on Amount Available.--Subsection (d)(1) of such
section, as so amended, is further amended--
(1) by striking ``fiscal year 2010 or 2011'' and inserting
``fiscal year 2012''; and
(2) by striking ``$1,600,000,000'' and inserting
``$1,690,000,000''.
(c) Technical Amendment.--Subsection (c)(2) of such section, as so
amended, is further amended by inserting a comma after ``Budget''.
(d) Extension of Notice Requirement Relating to Reimbursement of
Pakistan for Support Provided by Pakistan.--Section 1232(b)(6) of the
National Defense Authorization Act for Fiscal Year 2008 (122 Stat. 393),
as most recently amended by section 1213(d) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011, is further amended by
striking ``September 30, 2012'' and inserting ``September 30, 2013''.
[[Page 125 STAT. 1631]]
SEC. 1214. LIMITATION ON FUNDS TO ESTABLISH PERMANENT MILITARY
INSTALLATIONS OR BASES IN IRAQ AND
AFGHANISTAN.
(a) No Permanent Military Bases in Iraq.--None of the funds
authorized to be appropriated by this Act may be obligated or expended
by the United States Government to establish any military installation
or base for the purpose of providing for the permanent stationing of
United States Armed Forces in Iraq.
(b) No Permanent Military Bases in Afghanistan.--None of the funds
authorized to be appropriated by this Act may be obligated or expended
by the United States Government to establish any military installation
or base for the purpose of providing for the permanent stationing of
United States Armed Forces in Afghanistan.
SEC. 1215. <<NOTE: 10 USC 113 note.>> AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE
OF SECURITY COOPERATION IN IRAQ.
(a) Authority.--The Secretary of Defense may support United States
Government transition activities in Iraq by providing funds for the
following:
(1) Operations and activities of the Office of Security
Cooperation in Iraq.
(2) Operations and activities of security assistance teams
in Iraq.
(b) Types of Support.--The operations and activities for which the
Secretary may provide funds under the authority in subsection (a) may
include life support, transportation and personal security, and
construction and renovation of facilities.
(c) Limitation on Amount.--The total amount of funds provided under
the authority in subsection (a) in fiscal year 2012 may not exceed
$524,000,000.
(d) Source of Funds.--Funds for purposes of subsection (a) for
fiscal year 2012 shall be derived from amounts available for that fiscal
year for operation and maintenance for the Air Force.
(e) Coverage of Costs of OSCI in Connection With Sales of Defense
Articles or Defense Services to Iraq.--The <<NOTE: President.>>
President shall ensure that any letter of offer for the sale to Iraq of
any defense articles or defense services issued after the date of the
enactment of this Act includes, consistent with the provisions of the
Arms Export Control Act (22 U.S.C. 2751 et seq.), charges sufficient to
recover the costs of operations and activities of security assistance
teams in Iraq in connection with such sale.
(f) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Secretary of State, submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a report on the
activities of the Office of Security Cooperation in Iraq. The report
shall include the following:
(1) A description, in unclassified form (but with a
classified annex if appropriate), of any capability gaps in the
security forces of Iraq, including capability gaps relating to
intelligence matters, protection of Iraq airspace, and logistics
and maintenance.
(2) A description of the manner in which the programs of the
Office of Security Cooperation in Iraq, in conjunction with
other United States programs such as the Foreign Military
[[Page 125 STAT. 1632]]
Financing program, the Foreign Military Sales program, and joint
training exercises, will address the capability gaps described
in paragraph (1) if the Government of Iraq requests assistance
in addressing such capability gaps.
SEC. 1216. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Section 1216 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392) is amended--
(1) in subsection (a), by striking ``for fiscal year 2011''
and inserting ``in each of fiscal years 2011 and 2012''; and
(2) in subsection (e), by striking ``December 31, 2011'' and
inserting ``December 31, 2012''.
SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND CARRY
OUT INFRASTRUCTURE PROJECTS IN
AFGHANISTAN.
(a) Funding.--Subsection (f) of section 1217 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4393; 22 U.S.C. 7513 note) is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Subject to
paragraph (2), the''; and
(B) by striking ``fiscal year 2011'' and inserting
``fiscal year 2012'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) <<NOTE: Allocation plan.>> Limitation.--The Secretary
of Defense may use not more than 85 percent of the amount
specified in paragraph (1) to carry out the program authorized
under subsection (a) until the Secretary of Defense, in
consultation with the Secretary of State, submits to the
appropriate congressional committees a plan for the allocation
and use of funds under the program for fiscal year 2012.''; and
(4) in paragraph (3), as redesignated by paragraph (2) of
this subsection, by striking ``until September 30, 2012.'' and
inserting ``as follows:
``(A) In the case of funds for fiscal year 2011,
until September 30, 2012.
``(B) In the case of funds for fiscal year 2012,
until September 30, 2013.''.
(b) Notice to Congress.--Subsection (g) of such section is amended
by striking ``30 days'' and inserting ``15 days''.
SEC. 1218. TWO-YEAR EXTENSION OF CERTAIN REPORTS ON AFGHANISTAN.
(a) Report on Progress Toward Security and Stability in
Afghanistan.--Section 1230(a) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 385), as most
recently amended by section 1231 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4395), is further amended by striking ``2012'' and inserting ``2014''.
(b) Report on United States Plan for Sustaining Afghanistan National
Security Forces.--Section 1231(a) of the National Defense Authorization
Act for Fiscal Year 2008 (122 Stat. 390),
[[Page 125 STAT. 1633]]
as amended by section 1232 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (124 Stat. 4395), is further
amended by striking ``2012'' and inserting ``2014''.
SEC.
1219. <<NOTE: Determination. Certification. Women.>> LIMITATION
ON AVAILABILITY OF AMOUNTS FOR
REINTEGRATION ACTIVITIES IN AFGHANISTAN.
Not more than 50 percent of the amount available for fiscal year
2012 for reintegration activities in Afghanistan under the authority of
section 1216 of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4392), as amended by
section 1216 of this Act, may be used to provide assistance to the
Government of Afghanistan until the Secretary of Defense, in
consultation with the Secretary of State, determines and certifies to
Congress that women in Afghanistan are an integral part of the
reconciliation process between the Government of Afghanistan and the
Taliban.
SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN
COUNTERINSURGENCY FUND.
(a) In General.--Section 1224(h) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2521), as amended by section 1220 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4395), is further amended by striking ``September 30, 2011'' both places
it appears and inserting ``September 30, 2012''.
(b) Limitation on Funds Subject to Report and Updates.--
(1) Limitation on funds; report required.--
(A) In general.--Of the amounts appropriated or
transferred to the Pakistan Counterinsurgency Fund
(hereafter in this subsection referred to as the
``Fund'') for fiscal year 2012, not more than 40 percent
of such amounts may be obligated or expended until such
time as the Secretary of Defense, with the concurrence
of the Secretary of State, submits to the appropriate
congressional committees a report on--
(i) a strategy to utilize the Fund and the
metrics used to determine progress with respect to
the Fund; and
(ii) a strategy to enhance Pakistani efforts
to counter improvised explosive devices (IEDs).
(B) Matter to be included.--Such report shall
include, at a minimum, the following:
(i) A discussion of United States strategic
objectives in Pakistan.
(ii) A listing of the terrorist or extremist
organizations in Pakistan opposing United States
goals in the region and against which the United
States encourages Pakistan to take action.
(iii) A discussion of the gaps in capabilities
of Pakistani security units that hamper the
ability of the Government of Pakistan to take
action against the organizations listed in clause
(ii).
(iv) A discussion of how assistance provided
utilizing the Fund will address the gaps in
capabilities listed in clause (iii).
(v) A discussion of other efforts undertaken
by other United States Government departments and
[[Page 125 STAT. 1634]]
agencies to address the gaps in capabilities
listed in clause (iii) or complementary activities
of the Department of Defense and how those efforts
are coordinated with the activities undertaken to
utilize the Fund.
(vi) A discussion of whether the Government of
Pakistan is demonstrating a continuing commitment
to and is making significant efforts toward the
implementation of a strategy to counter IEDs,
including efforts to attack IED networks, monitor
known precursors used in IEDs, and develop a
strict protocol for the manufacture of explosive
materials, including calcium ammonium nitrate, and
accessories and their supply to legitimate end
users.
(vii) Metrics that will be used to track
progress in achieving the United States strategic
objectives in Pakistan, to track progress of the
Government of Pakistan in combating the
organizations listed in clause (ii), to address
the gaps in capabilities listed in clause (iii),
and to track the progress of the Government of
Pakistan in implementing the strategy to counter
IEDs described in clause (vi).
(2) Annual update required.--For any fiscal year in which
amounts in the Fund are requested to be made available to the
Secretary of Defense, the Secretary of Defense, with the
concurrence of the Secretary of State, shall submit to the
appropriate congressional committees, at the same time that the
President's budget is submitted pursuant to section 1105(a) of
title 31, United States Code, an update of the report required
under paragraph (1).
(3) Form.--The report required under paragraph (1) and the
update required under paragraph (2) shall be submitted in
unclassified form, but may contain a classified annex as
necessary.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(c) Quarterly Reports.--
(1) In general.--Section 1224(f) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2522) is amended--
(A) by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later''; and
(B) by adding at the end the following:
``(2) Matters to be included.--The Secretary of Defense,
with the concurrence with the Secretary of State, shall include
in the report required under paragraph (1) the following:
``(A) A discussion of progress in achieving United
States strategic objectives in Pakistan during such
fiscal quarter, utilizing metrics used to track progress
in achieving such strategic objectives.
``(B) A discussion of progress made by programs
supported from amounts in the Fund during such fiscal
quarter.''.
[[Page 125 STAT. 1635]]
(2) <<NOTE: Applicability.>> Effective date.--The
amendments made by paragraph (1) take effect on the date of the
enactment of this Act and apply with respect to each report
required to be submitted under section 1224(f) of the National
Defense Authorization Act for Fiscal Year 2010 for any fiscal
year after fiscal year 2011.
SEC. 1221. <<NOTE: President. 22 USC 7556.>> BENCHMARKS TO
EVALUATE THE PROGRESS BEING MADE TOWARD
THE TRANSITION OF SECURITY
RESPONSIBILITIES FOR AFGHANISTAN TO THE
GOVERNMENT OF AFGHANISTAN.
(a) Options for Expansion of Capacity of Afghan National Security
Forces.--The President shall, acting through the Secretary of Defense,
establish and update as appropriate, and submit to Congress, options to
accelerate the expansion of the capacity of Afghan National Security
Forces with the goal of--
(1) enabling the Government of the Islamic Republic of
Afghanistan, consistent with the Framework for Inteqal, to
assume lead responsibility for security in all areas of
Afghanistan, to maintain security in those areas, and to sustain
the Afghan National Security Forces;
(2) achieving United States national security objectives to
disrupt, dismantle, and defeat al-Qaeda and its extremist allies
in Afghanistan, and preventing the establishment of safe havens
for those entities; and
(3) enabling the United States to move to an enduring
partnership with the Government of the Islamic Republic of
Afghanistan, fully consistent with the Declaration by the North
Atlantic Treaty Organization and the Government of the Islamic
Republic of Afghanistan on an Enduring Partnership as issued at
the Lisbon conference on November 20, 2010.
(b) Benchmarks.--The President shall establish, and may update from
time to time, a comprehensive set of benchmarks to evaluate progress
being made toward meeting the goals set forth in paragraphs (1) through
(3) of subsection (a).
(c) Submittal to Congress.--The President shall include the most
current set of benchmarks established pursuant to subsection (b) with
each report on progress toward security and stability in Afghanistan
that is submitted to Congress under sections 1230 and 1231 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 385, 390).
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.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a report to
the congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives assessing the effectiveness of the Coalition
Support Fund reimbursements to the Government of Pakistan for operations
conducted in support of Operation Enduring Freedom.
[[Page 125 STAT. 1636]]
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of the types of reimbursements requested
by the Government of Pakistan.
(2) The total amount reimbursed to the Government of
Pakistan since the beginning of Operation Enduring Freedom, in
the aggregate and by fiscal year.
(3) The percentage and types of reimbursement requests made
by the Government of Pakistan for which the United States
Government has deferred or not provided payment.
(4) An assessment of the outcomes of operations conducted by
the Government of Pakistan in support of Operation Enduring
Freedom for which reimbursement was requested during the 24-
month period ending on the date of the enactment of this Act,
and of the impact of those operations in containing the ability
of terrorist organizations to threaten the stability of
Afghanistan and Pakistan and to impede the operations of the
United States in Afghanistan.
(5) Recommendations, if any, relative to potential
alternatives to or termination of reimbursements from the
Coalition Support Fund to the Government of Pakistan taking into
account the transition plan for Afghanistan.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 1232. REVIEW AND REPORT ON IRAN'S AND CHINA'S CONVENTIONAL
AND ANTI-ACCESS CAPABILITIES.
(a) Review.--The Comptroller General of the United States shall
conduct an independent review of the following:
(1) Any gaps between Iran's conventional and anti-access
capabilities and United States' capabilities to overcome them.
(2) Any gaps between China's anti-access capabilities and
United States' capabilities to overcome them.
(b) Report.--Not later than January 31, 2013, the Comptroller
General shall submit to the congressional defense committees a report
that contains the review conducted under subsection (a).
(c) Additional to Other Reports, etc.--The review conducted under
subsection (a) and the report required under subsection (b) are in
addition to the report required under section 1238 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4402) and the strategy and briefings required under
section 1243 of such Act (Public Law 111-383; 124 Stat. 4405).
(d) Definition.--In this section, the term ``anti-access'' has the
meaning given the term in section 1238(f) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4403).
SEC. 1233. REPORT ON ENERGY SECURITY OF THE NATO ALLIANCE.
(a) Findings.--Congress makes the following findings:
(1) Adopted in Lisbon in November 2010, the new North
Atlantic Treaty Organization (NATO) Strategic Concept declares
that ``[a]ll countries are increasingly reliant on the vital
communication, transport and transit routes on which
international trade, energy security and prosperity depend. They
require greater international efforts to ensure their resilience
against attack or disruption. Some NATO countries will become
more dependent on foreign energy suppliers and in
[[Page 125 STAT. 1637]]
some cases, on foreign energy supply and distribution networks
for their energy needs. As a larger share of world consumption
is transported across the globe, energy supplies are
increasingly exposed to disruption.''.
(2) The new NATO Strategic Concept further declares that,
``to deter and defend against any threat to the safety and
security of our populations'', the NATO alliance will, ``develop
the capacity to contribute to energy security, including
protection of critical energy infrastructure and transit areas
and lines, cooperation with partners, and consultations among
Allies on the basis of strategic assessments and contingency
planning.''.
(b) Report.--
(1) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretary of State and the Secretary of
Energy, submit to the appropriate committees of Congress a
detailed report on efforts by the Department of Defense,
including within NATO, to address the energy security of the
NATO alliance.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the dependence of NATO members
on a single oil or natural gas supplier or distribution
network.
(B) A description of the threats to the energy
security of the NATO alliance, including from each of
following:
(i) Shortages of supply of oil or natural gas
or spikes in prices of oil or natural gas.
(ii) Disruptions within the energy
distribution infrastructure or transit lines
supplying NATO member countries.
(C) A description of options for responding to or
mitigating the energy security risks to NATO member
countries and to United States Armed Forces based in
Europe posed by the threats described under subparagraph
(B).
(D) Recommendations, if any, for actions to be
undertaken to improve the energy security of the NATO
alliance.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section the
term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1234. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE
NATIONAL GUARD STATE PARTNERSHIP
PROGRAM.
(a) Report Required.--Not later than March 31, 2012, the Comptroller
General of the United States shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the National Guard State Partnership
Program.
(b) Elements.--The report required by subsection (a) shall include
the following:
[[Page 125 STAT. 1638]]
(1) A summary of the sources of funds for the State
Partnership Program over the last five years.
(2) An analysis of the types and frequency of activities
performed by participants in the State Partnership Program.
(3) A description of the objectives of the State Partnership
Program and the manner in which objectives under the program are
established and coordinated with the Office of the Secretary of
Defense, the geographic combatant commands, United States
Country Teams, and other departments and agencies of the United
States Government.
(4) A description of the manner in which the Department of
Defense selects and designates particular State and foreign
country partnerships under the State Partnership Program.
(5) A description of the manner in which the Department
measures the effectiveness of the activities under the State
Partnership Program in meeting the objectives of the program.
(6) An assessment by the Comptroller General of the United
States of the effectiveness of the activities under the State
Partnership Program in meeting the objectives of the program.
SEC. 1235. <<NOTE: 22 USC 2349bb-6 note.>> MAN-PORTABLE AIR-
DEFENSE SYSTEMS ORIGINATING FROM LIBYA.
(a) Statement of Policy.--Pursuant to section 11 of the Department
of State Authorities Act of 2006 (22 U.S.C. 2349bb-6), the following is
the policy of the United States:
(1) To reduce and mitigate, to the greatest extent feasible,
the threat posed to United States citizens and citizens of
allies of the United States by man-portable air-defense systems
(MANPADS) that were in Libya as of March 19, 2011.
(2) To seek the cooperation of, and to assist, the
Government of Libya and governments of neighboring countries and
other countries (as determined by the President) to secure,
remove, or eliminate stocks of man-portable air-defense systems
described in paragraph (1) that pose a threat to United States
citizens and citizens of allies of the United States.
(3) To pursue, as a matter of priority, an agreement with
the Government of Libya and governments of neighboring countries
and other countries (as determined by the Secretary of State) to
formalize cooperation with the United States to limit the
availability, transfer, and proliferation of man-portable air-
defense systems described in paragraph (1).
(b) Intelligence Community Assessment on MANPADS in Libya.--
(1) In general.--The Director of National Intelligence shall
submit to the appropriate committees of Congress an assessment
by the intelligence community that accounts for the disposition
of, and the threat to United States citizens and citizens of
allies of the United States posed by man-portable air-defense
systems that were in Libya as of March 19, 2011.
The <<NOTE: Deadline. Time period.>> assessment shall be
submitted as soon as practicable, but not later than the end of
the 45-day period beginning on the date of the enactment of this
Act.
(2) Elements.--The assessment submitted under this
subsection shall include the following:
(A) An estimate of the number of man-portable air-
defense systems that were in Libya as of March 19, 2011.
[[Page 125 STAT. 1639]]
(B) An estimate of the number of man-portable air-
defense systems in Libya as of March 19, 2011, that are
currently in the secure custody of the Government of
Libya, the United States, an ally of the United States,
a member of the North Atlantic Treaty Organization
(NATO), or the United Nations.
(C) An estimate of the number of man-portable air-
defense systems in Libya as of March 19, 2011, that were
destroyed, disabled, or otherwise rendered unusable
during Operation Unified Protector and since the end of
Operation Unified Protector.
(D) An assessment of the number of man-portable air-
defense systems that is the difference between the
number of man-portable air-defense systems in Libya as
of March 19, 2011, and the cumulative number of man-
portable air-defense systems accounted for under
subparagraphs (B) and (C), and the current disposition
and locations of such man-portable air-defense systems.
(E) An assessment of the number of man-portable air-
defense systems that are currently in the custody of
militias in Libya.
(F) A list of any organizations designated as
terrorist organizations by the Department of State, or
affiliate organizations or members of such
organizations, that are known or believed to have
custody of any man-portable air-defense systems that
were in the custody of the Government of Libya as of
March 19, 2011.
(G) An assessment of the threat posed to United
States citizens and citizens of allies of the United
States from unsecured man-portable air-defense systems
(as defined in section 11 of the Department of State
Authorities Act of 2006) originating from Libya.
(H) An assessment of the effect of the proliferation
of man-portable air-defense systems that were in Libya
as of March 19, 2011, on the price and availability of
man-portable air-defense systems that are on the global
arms market.
(3) Notice regarding delay in submittal.--If, before the end
of the 45-day period specified in paragraph (1), the Director
determines that the assessment required by that paragraph cannot
be submitted by the end of that period as required by that
paragraph, the Director shall (before the end of that period)
submit to the appropriate committees of Congress a report
setting forth--
(A) the reasons why the assessment cannot be
submitted by the end of that period; and
(B) an estimated date for the submittal of the
assessment.
(c) Comprehensive Strategy on Threat of MANPADS Originating From
Libya.--
(1) <<NOTE: President.>> Strategy required.--The President
shall develop and implement, and from time to time update, a
comprehensive strategy, pursuant to section 11 of the Department
of State Authorities Act of 2006, to reduce and mitigate the
threat posed to United States citizens and citizens of allies of
the United States from man-portable air-defense systems that
were in Libya as of March 19, 2011.
[[Page 125 STAT. 1640]]
(2) Report required.--
(A) In general.--Not later than 45 days after the
assessment required by subsection (b) is submitted to
the appropriate committees of Congress, the President
shall submit to the appropriate committees of Congress a
report setting forth the strategy required by paragraph
(1).
(B) Elements.--The report required by this paragraph
shall include the following:
(i) An assessment of the effectiveness of
efforts undertaken to date by the United States,
Libya, Mauritania, Egypt, Algeria, Tunisia, Mali,
Morocco, Niger, Chad, the United Nations, the
North Atlantic Treaty Organization, and any other
country or entity (as determined by the President)
to reduce the threat posed to United States
citizens and citizens of allies of the United
States from man-portable air-defense systems that
were in Libya as of March 19, 2011.
(ii) A timeline for future efforts by the
United States, Libya, and neighboring countries
to--
(I) secure, remove, or disable any
man-portable air-defense systems that
remain in Libya;
(II) counter proliferation of man-
portable air-defense systems originating
from Libya that are in the region; and
(III) disrupt the ability of
terrorists, non-state actors, and state
sponsors of terrorism to acquire such
man-portable air-defense systems.
(iii) A description of any additional funding
required to address the threat of man-portable
air-defense systems originating from Libya.
(iv) A description of technologies currently
available to reduce the susceptibility and
vulnerability of civilian aircraft to man-portable
air-defense systems, including an assessment of
the feasibility of using aircraft-based anti-
missile systems to protect United States passenger
jets.
(v) Recommendations for the most effective
policy measures that can be taken to reduce and
mitigate the threat posed to United States
citizens and citizens of allies of the United
States from man-portable air-defense systems that
were in Libya as of March 19, 2011.
(vi) Such recommendations for legislative or
administrative action as the President considers
appropriate to implement the strategy required by
paragraph (1).
(C) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may include
a classified annex.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
[[Page 125 STAT. 1641]]
SEC. 1236. REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING
THE DEMOCRATIC PEOPLE'S REPUBLIC OF
KOREA.
(a) <<NOTE: Classified information.>> Report.--Not later than
November 1, 2012, the Secretary of Defense shall submit to the specified
congressional committees a report, in both classified and unclassified
form, on the current and future military power of the Democratic
People's Republic of Korea (in this section referred to as ``North
Korea''). The report shall address the current and probable future
course of military-technological development of the North Korean
military, the tenets and probable development of North Korean security
strategy and military strategy, and military organizations and
operational concepts, through the next 20 years.
(b) Matters to Be Included.--A report required under subsection (a)
shall include at least the following elements:
(1) An assessment of the security situation on the Korean
peninsula.
(2) The goals and factors shaping North Korean security
strategy and military strategy.
(3) Trends in North Korean security and military behavior
that would be designed to achieve, or that are inconsistent
with, the goals described in paragraph (2).
(4) An assessment of North Korea's regional security
objectives, including those that would affect South Korea,
Japan, the People's Republic of China, and Russia.
(5) A detailed assessment of the sizes, locations, and
capabilities of North Korean strategic, special operations,
land, sea, and air forces.
(6) Developments in North Korean military doctrine and
training.
(7) An assessment of the proliferation activities of North
Korea, as either a supplier or a consumer of materials or
technologies relating to nuclear weapons or other weapons of
mass destruction or missile systems.
(8) Other military and security developments involving North
Korea that the Secretary of Defense considers relevant to United
States national security.
(c) Definition.--In this section the term ``specified congressional
committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1237. SENSE OF CONGRESS ON NON-STRATEGIC NUCLEAR WEAPONS AND
EXTENDED DETERRENCE POLICY.
(a) Regarding Non-strategic Nuclear Weapons.--It is the sense of
Congress that--
(1) if the United States pursues arms control negotiations
with the Russian Federation, such negotiations should be aimed
at the reduction of Russian deployed and non-deployed non-
strategic nuclear weapons and increased transparency of such
weapons; and
(2) for purposes of such negotiations--
(A) non-strategic nuclear weapons should be
considered when weighing the balance of the nuclear
forces of the United States and Russia; and
[[Page 125 STAT. 1642]]
(B) geographical relocation and consolidated or
centralized storage of non-strategic nuclear weapons by
Russia should not be considered a reduction or
elimination of such weapons.
(b) Regarding Extended Deterrence Commitment to Europe.--It is the
sense of Congress that--
(1) the commitment of the United States to extended
deterrence in Europe and the nuclear alliance of the North
Atlantic Treaty Organization (NATO) is an important component of
ensuring and linking the national security of the United States
and its European allies;
(2) nuclear forces of the United States are a key component
of the NATO nuclear alliance; and
(3) the presence of United States nuclear weapons in
Europe--combined with NATO's unique nuclear sharing arrangements
under which non-nuclear members participate in nuclear planning
and possess specially configured aircraft capable of delivering
nuclear weapons--provides reassurance to NATO allies who feel
exposed to regional threats.
SEC. 1238. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Matters to Be Included.--Subsection (b) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 781; 10 U.S.C. 113 note), as most recently amended by
section 1246(b) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2544), is further amended--
(1) in paragraph (7)--
(A) by adding at the end before the period the
following: ``or otherwise undermine the Department of
Defense's capability to conduct information assurance'';
and
(B) by adding at the end the following: ``Such
analyses shall include an assessment of the damage
inflicted on the Department of Defense by reason
thereof.''; and
(2) in paragraph (9), by adding at the end the following:
``Such analyses shall include an assessment of the nature of
China's cyber activities directed against the Department of
Defense and an assessment of the damage inflicted on the
Department of Defense by reason thereof. Such cyber activities
shall include activities originating or suspected of originating
from China and shall include government and non-government
activities believed to be sanctioned or supported by the
Government of China.''.
(b) <<NOTE: 10 USC 113 note.>> Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act, and shall apply with respect to reports required to be submitted
under subsection (a) of section 1202 of the National Defense
Authorization Act for Fiscal Year 2000, as so amended, on or after that
date.
SEC. 1239. REPORT ON EXPANSION OF PARTICIPATION IN EURO-NATO JOINT
JET PILOT TRAINING PROGRAM.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State, shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives a report on
the desirability and feasibility of
[[Page 125 STAT. 1643]]
expanding participation in the Euro-NATO Joint Jet Pilot Training
(ENJJPT) program to include additional countries.
(b) Matters to Be Included.--The report required under subsection
(a) shall include the following:
(1) An assessment of the ENJJPT program as it relates to
United States national security.
(2) An assessment of the current participation in the ENJJPT
program and whether it fully meets the needs of the program and
United States and NATO objectives.
(3) An analysis of whether participation of additional
countries in the ENJJPT program would benefit the program and
United States national security.
(4) A recommendation of additional countries, if any, that
could participate in the ENJJPT program, including NATO member
nations not currently participating in the program, major non-
NATO allies, Partnership for Peace nations, and other countries.
(5) The restrictions or limitations that currently prevent
additional countries from participating in the ENJJPT program.
(6) An assessment of the costs and benefits to the United
States, including potential benefits to United States security
interests of improved training opportunities for other
countries, of a United States-sponsored scholarship program to
assist certain countries to meet the cost-sharing obligations of
participation in the ENJJPT program, and whether authorities
currently exist to institute such a scholarship program.
SEC. 1240. REPORT ON RUSSIAN NUCLEAR FORCES.
(a) Report.--Not later than March 1, 2012, the Secretary of Defense,
in coordination with the Director of National Intelligence, shall submit
to the appropriate congressional committees a report on the nuclear
forces of the Russian Federation and the New START Treaty.
(b) Matters Included.--The report under section (a) shall include an
assessment of the following:
(1) The assessed number of nuclear forces by category of
nuclear warheads and delivery vehicles relative to New START
levels by 2017 and by 2022, including potential shifts of such
numbers during such periods.
(2) Options with respect to the size and composition of
Russian nuclear forces that Russia is considering, including
decreases below the New START levels and plans for maintaining
New START levels, including options related to developing and
deploying a new heavy intercontinental ballistic missile and
multiple independently targetable reentry vehicle capability.
(3) Factors that are likely to influence the number and
composition of Russian nuclear forces.
(4) Effects of shifts in the number and composition of
Russian nuclear forces on strategic stability.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include classified annex.
(d) Appropriate Congressional Committees Defined.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
[[Page 125 STAT. 1644]]
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate; and
(C) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(2) <<NOTE: Definition.>> New start treaty.--The term ``New
START Treaty'' means the Treaty between the United States of
America and the Russian Federation on Measures for the Further
Reduction and Limitation of Strategic Offensive Arms, signed on
April 8, 2010.
SEC. 1241. REPORT ON PROGRESS OF THE AFRICAN UNION IN
OPERATIONALIZING THE AFRICAN STANDBY
FORCE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Policy shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on the progress of the African Union in
operationalizing the African Standby Force.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the existing personnel strengths and
capabilities of each of the five regional brigades of the
African Standby Force and their brigade-level headquarters.
(2) An assessment of the specific capacity-building needs of
the African Standby Force, including with respect to supply
management, information management, strategic planning, and
other critical components.
(3) A description of the functionality of the supply depots
of each brigade referred to in paragraph (1), and current
information on existing stocks of each such brigade.
(4) An assessment of the capacity of the African Union to
manage the African Standby Force.
(5) An assessment of inter-organizational coordination on
assistance to the African Union and the African Standby Force
between multilateral donors, including the United Nations, the
European Union, and the North Atlantic Treaty Organization.
(6) An assessment of the capacity of the African Union to
absorb additional international assistance toward the
development of a fully functional African Standby Force.
SEC. 1242. DEFENSE COOPERATION WITH REPUBLIC OF GEORGIA.
(a) <<NOTE: Deadline.>> Plan for Normalization.--Not later than 90
days after the date of the enactment of this Act, the Secretary of
Defense shall, with the concurrence of the Secretary of State, develop
and submit to the congressional defense committees and the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a plan for the normalization of United
States defense cooperation with the Republic of Georgia, including the
sale of defensive arms.
(b) Objectives.--The plan required under subsection (a) shall
address the following objectives:
(1) To establish a normalized defense cooperation
relationship between the United States and the Republic of
Georgia, taking into consideration the progress of the
Government of the Republic of Georgia on democratic and economic
reforms and the capacity of the Georgian armed forces.
[[Page 125 STAT. 1645]]
(2) To support the Government of the Republic of Georgia in
providing for the defense of its government, people, and
sovereign territory, consistent with the continuing commitment
of the Government of the Republic of Georgia to its non-use-of-
force pledge and consistent with Article 51 of the Charter of
the United Nations.
(3) To provide for the sale by the United States of defense
articles and services in support of the efforts of the
Government of the Republic of Georgia to provide for its own
self-defense consistent with paragraphs (1) and (2).
(4) To continue to enhance the ability of the Government of
the Republic of Georgia to participate in coalition operations
and meet NATO partnership goals.
(5) To encourage NATO member and candidate countries to
restore and enhance their sales of defensive articles and
services to the Republic of Georgia as part of a broader NATO
effort to deepen its defense relationship and cooperation with
the Republic of Georgia.
(6) To ensure maximum transparency in the United States-
Georgia defense relationship.
(c) Included Information.--The plan required under subsection (a)
shall include the following information:
(1) A needs-based assessment, or an update to an existing
needs-based assessment, of the defense requirements of the
Republic of Georgia, which shall be prepared by the Department
of Defense.
(2) A description of each of the letters of offer and
acceptance by the Government of the Republic of Georgia for
purchase of defense articles and services during the two-year
period ending on the date of the report.
(3) A summary of the defense needs asserted by the
Government of the Republic of Georgia as justification for its
requests for defensive arms purchases.
(4) A description of the action taken on any defensive arms
sale request by the Government of the Republic of Georgia and an
explanation for such action.
(d) Form.--The plan required under subsection (a) shall be submitted
in unclassified form, but may contain a classified annex.
SEC. 1243. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE
MILITARY COMPANIES.
(a) Waiver Authorized.--Subsection (c) of section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3461; 10 U.S.C. 2302 note) is amended to read as follows:
``(c) <<NOTE: Determination. Deadline.>> Waiver Authorized.--The
Secretary of Defense may waive the prohibition in subsection (a) if the
Secretary determines that such a waiver is necessary for national
security purposes and the Secretary submits to the congressional defense
committees a report described in subsection (d) not less than 15 days
before issuing the waiver under this subsection.''.
(b) Report.--Such section is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Report.--The report referred to in subsection (c) is a report
that identifies the specific reasons for the waiver issued under
subsection (c) and includes recommendations as to what
[[Page 125 STAT. 1646]]
actions may be taken to develop alternative sourcing capabilities in the
future.''.
(c) <<NOTE: Applicability. 10 USC 2302 note.>> Effective Date.--The
amendments made by this section take effect on the date of the enactment
of this Act and apply with respect to contracts and subcontracts of the
Department of Defense entered into on or after the date of the enactment
of this Act.
SEC. 1244. <<NOTE: 22 USC 5952 note.>> SHARING OF CLASSIFIED
UNITED STATES BALLISTIC MISSILE DEFENSE
INFORMATION WITH THE RUSSIAN FEDERATION.
(a) <<NOTE: Deadline. President.>> Notification.--No classified
United States ballistic missile defense information may be made
available to the Russian Federation unless, 60 days prior to any
instance in which the United States Government plans to provide such
information to the Russian Federation, the President provides
notification thereof to the appropriate congressional committees.
(b) Elements of Notification.--Each notification provided pursuant
to subsection (a) shall include the following:
(1) A detailed description of the classified United States
ballistic missile defense information to be provided.
(2) An explanation of the national security interest in
providing the information to the Russian Federation and any
provisions for reciprocal sharing by the Russian Federation with
the United States on its defensive systems.
(3) <<NOTE: Certification.>> A certification that providing
the information is consistent with United States national
disclosure policy as of the date of enactment of this Act and
that the decision to provide the information was made pursuant
to a national disclosure policy review.
(4) If applicable, a detailed explanation of whether any
exceptions to national disclosure policy were required in order
to provide the information to the Russian Federation and why
such exceptions were required.
(5) <<NOTE: Certification.>> A certification that adequate
measures are in place to protect the information from
unauthorized disclosure. The certification shall include a
description of the manner in which the information will be
protected from unauthorized sharing or transfer to third parties
as well as an analysis of the risks to the capabilities of the
United States ballistic missile defense system if the
information is shared or transferred to an unauthorized third
party.
(c) Form.--Each notification provided pursuant to subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--For the purposes
of this section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(e) Classified United States Ballistic Missile Defense Information
Defined.--For the purposes of this section, the term ``classified United
States ballistic missile defense information'' means information related
to United States ballistic missile
[[Page 125 STAT. 1647]]
defenses that is classified as of, or after, the date of enactment of
this Act.
SEC. 1245. <<NOTE: 22 USC 8513a.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO THE FINANCIAL SECTOR OF IRAN.
(a) Findings.--Congress makes the following findings:
(1) On November 21, 2011, the Secretary of the Treasury
issued a finding under section 5318A of title 31, United States
Code, that identified Iran as a jurisdiction of primary money
laundering concern.
(2) In that finding, the Financial Crimes Enforcement
Network of the Department of the Treasury wrote, ``The Central
Bank of Iran, which regulates Iranian banks, has assisted
designated Iranian banks by transferring billions of dollars to
these banks in 2011. In mid-2011, the CBI transferred several
billion dollars to designated banks, including Saderat, Mellat,
EDBI and Melli, through a variety of payment schemes. In making
these transfers, the CBI attempted to evade sanctions by
minimizing the direct involvement of large international banks
with both CBI and designated Iranian banks.''.
(3) On November 22, 2011, the Under Secretary of the
Treasury for Terrorism and Financial Intelligence, David Cohen,
wrote, ``Treasury is calling out the entire Iranian banking
sector, including the Central Bank of Iran, as posing terrorist
financing, proliferation financing, and money laundering risks
for the global financial system.''.
(b) Designation of Financial Sector of Iran as of Primary Money
Laundering Concern.--The financial sector of Iran, including the Central
Bank of Iran, is designated as a primary money laundering concern for
purposes of section 5318A of title 31, United States Code, because of
the threat to government and financial institutions resulting from the
illicit activities of the Government of Iran, including its pursuit of
nuclear weapons, support for international terrorism, and efforts to
deceive responsible financial institutions and evade sanctions.
(c) <<NOTE: President.>> Freezing of Assets of Iranian Financial
Institutions.--The President shall, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and
prohibit all transactions in all property and interests in property of
an Iranian financial institution if such property and interests in
property are in the United States, come within the United States, or are
or come within the possession or control of a United States person.
(d) Imposition of Sanctions With Respect to the Central Bank of Iran
and Other Iranian Financial Institutions.--
(1) <<NOTE: Effective date. President.>> In general.--
Except as specifically provided in this subsection, beginning on
the date that is 60 days after the date of the enactment of this
Act, the President--
(A) shall prohibit the opening, and prohibit or
impose strict conditions on the maintaining, in the
United States of a correspondent account or a payable-
through account by a foreign financial institution that
the President determines has knowingly conducted or
facilitated any significant financial transaction with
the Central Bank of Iran or another Iranian financial
institution designated by the Secretary of the Treasury
for the imposition of sanctions
[[Page 125 STAT. 1648]]
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.); and
(B) may impose sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) with respect to the Central Bank of Iran.
(2) Exception for sales of food, medicine, and medical
devices.--The President may not impose sanctions under paragraph
(1) with respect to any person for conducting or facilitating a
transaction for the sale of food, medicine, or medical devices
to Iran.
(3) <<NOTE: Effective date.>> Applicability of sanctions
with respect to foreign central banks.--Except as provided in
paragraph (4), sanctions imposed under paragraph (1)(A) shall
apply with respect to a foreign financial institution owned or
controlled by the government of a foreign country, including a
central bank of a foreign country, only insofar as it engages in
a financial transaction for the sale or purchase of petroleum or
petroleum products to or from Iran conducted or facilitated on
or after that date that is 180 days after the date of the
enactment of this Act.
(4) <<NOTE: President. Determinations.>> Applicability of
sanctions with respect to petroleum transactions.--
(A) Report required.--Not later than 60 days after
the date of the enactment of this Act, and every 60 days
thereafter, the Administrator of the Energy Information
Administration, in consultation with the Secretary of
the Treasury, the Secretary of State, and the Director
of National Intelligence, shall submit to Congress a
report on the availability and price of petroleum and
petroleum products produced in countries other than Iran
in the 60-day period preceding the submission of the
report.
(B) <<NOTE: Deadlines.>> Determination required.--
Not later than 90 days after the date of the enactment
of this Act, and every 180 days thereafter, the
President shall make a determination, based on the
reports required by subparagraph (A), of whether the
price and supply of petroleum and petroleum products
produced in countries other than Iran is sufficient to
permit purchasers of petroleum and petroleum products
from Iran to reduce significantly in volume their
purchases from Iran.
(C) <<NOTE: Deadline.>> Application of sanctions.--
Except as provided in subparagraph (D), sanctions
imposed under paragraph (1)(A) shall apply with respect
to a financial transaction conducted or facilitated by a
foreign financial institution on or after the date that
is 180 days after the date of the enactment of this Act
for the purchase of petroleum or petroleum products from
Iran if the President determines pursuant to
subparagraph (B) that there is a sufficient supply of
petroleum and petroleum products from countries other
than Iran to permit a significant reduction in the
volume of petroleum and petroleum products purchased
from Iran by or through foreign financial institutions.
(D) Exception.--Sanctions <<NOTE: Deadline.>>
imposed pursuant to paragraph (1) shall not apply with
respect to a foreign financial institution if the
President determines and reports to Congress, not later
than 90 days after the date on which
[[Page 125 STAT. 1649]]
the President makes the determination required by
subparagraph (B), and every 180 days thereafter, that
the country with primary jurisdiction over the foreign
financial institution has significantly reduced its
volume of crude oil purchases from Iran during the
period beginning on the date on which the President
submitted the last report with respect to the country
under this subparagraph.
(5) Waiver.--The <<NOTE: President. Determination. Time
periods.>> President may waive the imposition of sanctions
under paragraph (1) for a period of not more than 120 days, and
may renew that waiver for additional periods of not more than
120 days, if the President--
(A) determines that such a waiver is in the national
security interest of the United States; and
(B) <<NOTE: Reports.>> submits to Congress a
report--
(i) providing a justification for the waiver;
and
(ii) that includes any concrete cooperation
the President has received or expects to receive
as a result of the waiver.
(e) <<NOTE: President.>> Multilateral Diplomacy Initiative.--
(1) In general.--The President shall--
(A) carry out an initiative of multilateral
diplomacy to persuade countries purchasing oil from
Iran--
(i) to limit the use by Iran of revenue from
purchases of oil to purchases of non-luxury
consumers goods from the country purchasing the
oil; and
(ii) to prohibit purchases by Iran of--
(I) military or dual-use technology,
including items--
(aa) in the Annex to the
Missile Technology Control
Regime Guidelines;
(bb) in the Annex on
Chemicals to the Convention on
the Prohibition of the
Development, Production,
Stockpiling and Use of Chemical
Weapons and on their
Destruction, done at Paris
January 13, 1993, and entered
into force April 29, 1997
(commonly known as the
``Chemical Weapons
Convention'');
(cc) in Part 1 or 2 of the
Nuclear Suppliers Group
Guidelines; or
(dd) on a control list of
the Wassenaar Arrangement on
Export Controls for Conventional
Arms and Dual-Use Goods and
Technologies; or
(II) any other item that could
contribute to Iran's conventional,
nuclear, chemical, or biological weapons
program; and
(B) conduct outreach to petroleum-producing
countries to encourage those countries to increase their
output of crude oil to ensure there is a sufficient
supply of crude oil from countries other than Iran and
to minimize any impact on the price of oil resulting
from the imposition of sanctions under this section.
(2) Report required.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter, the
President shall submit to Congress a report on the efforts
[[Page 125 STAT. 1650]]
of the President to carry out the initiative described in
paragraph (1)(A) and conduct the outreach described in paragraph
(1)(B) and the results of those efforts.
(f) Form of Reports.--Each report submitted under this section shall
be submitted in unclassified form, but may contain a classified annex.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) <<NOTE: Applicability.>> Penalties.--The penalties
provided for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
shall apply to a person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or
regulations prescribed under this section to the same extent
that such penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(h) Definitions.--In this section:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(2) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to section
104(i) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(i)).
(3) United states person.--The term ``United States person''
means--
(A) a natural person who is a citizen or resident of
the United States or a national of the United States (as
defined in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a))); and
(B) an entity that is organized under the laws of
the United States or a jurisdiction within the United
States.
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.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs.--For
purposes of section 301 and other provisions of this Act, Cooperative
Threat Reduction programs are the programs specified in section 1501 of
the National Defense Authorization Act for Fiscal Year 1997 (50 U.S.C.
2362 note).
[[Page 125 STAT. 1651]]
(b) Fiscal Year 2012 Cooperative Threat Reduction Funds Defined.--As
used in this title, the term ``fiscal year 2012 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by the
funding table in section 4301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to the
authorization of appropriations in section 301 and made available by the
funding table in section 4301 for Cooperative Threat Reduction programs
shall be available for obligation for fiscal years 2012, 2013, and 2014.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $508,219,000 authorized
to be appropriated to the Department of Defense for fiscal year 2012 in
section 301 and made available by the funding table in section 4301 for
Cooperative Threat Reduction programs, the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $63,221,000.
(2) For chemical weapons destruction, $9,804,000.
(3) For global nuclear security, $121,143,000.
(4) For cooperative biological engagement, $259,470,000.
(5) For proliferation prevention, $28,080,000.
(6) For threat reduction engagement, $2,500,000.
(7) For activities designated as Other Assessments/
Administrative Costs, $24,001,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2012 Cooperative Threat Reduction funds may be
obligated or expended for a purpose other than a purpose listed in
paragraphs (1) through (7) of subsection (a) until 15 days after the
date that the Secretary of Defense submits to Congress a report on the
purpose for which the funds will be obligated or expended and the amount
of funds to be obligated or expended. Nothing in the preceding sentence
shall be construed as authorizing the obligation or expenditure of
fiscal year 2012 Cooperative Threat Reduction funds for a purpose for
which the obligation or expenditure of such funds is specifically
prohibited under this title or any other provision of law.
(c) Limited Authority to Vary Individual Amounts.--
(1) In general.--Subject to paragraph (2), in any case in
which the Secretary of Defense determines that it is necessary
to do so in the national interest, the Secretary may obligate
amounts appropriated for fiscal year 2012 for a purpose listed
in paragraphs (1) through (7) of subsection (a) in excess of the
specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in paragraphs (1) through (7) of subsection (a)
in excess of the specific amount authorized for such purpose may
be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) <<NOTE: Time period.>> 15 days have elapsed
following the date of the notification.
[[Page 125 STAT. 1652]]
SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE
BIOLOGICAL ENGAGEMENT PROGRAM.
(a) <<NOTE: Analysis. Certification. Recommenda- tions.>>
Limitation.--Of the funds authorized to be appropriated by section
1302(a)(4) or otherwise made available for fiscal year 2012 for
cooperative biological engagement, not more than 80 percent may be
obligated or expended until the date on which the Secretary of Defense
submits to the appropriate congressional committees the following:
(1) A detailed analysis of the effect of the cooperative
biological engagement program.
(2) Either--
(A) written certification that the efforts of the
cooperative biological engagement program--
(i) result in changed practices or are
otherwise effective; and
(ii) lead to threat reduction; or
(B) <<NOTE: List.>> a detailed list of policy and
program recommendations considered necessary by the
Secretary to modify, expand, or curtail the cooperative
biological engagement program in order to achieve the
objectives described by subparagraph (A).
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1304. <<NOTE: Deadline. Reports.>> LIMITATION ON USE OF FUNDS
FOR ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN COUNTRIES OUTSIDE OF THE
FORMER SOVIET UNION.
Not more than $500,000 of the fiscal year 2012 Cooperative Threat
Reduction funds may be obligated or expended to establish a center of
excellence in a country that is not a state of the former Soviet Union
until the date that is 15 days after the date on which the Secretary of
Defense submits to the congressional defense committees a report that
includes the following:
(1) An identification of the country in which the center
will be located.
(2) A description of the purpose for which the center will
be established.
(3) The agreement under which the center will operate.
(4) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
(B) the percentage of the total cost of establishing
and operating the center the funds described in
subparagraph (A) will cover.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
[[Page 125 STAT. 1653]]
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.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the fiscal year 2012 for the National Defense
Sealift Fund, as specified in the funding table in section 4501.
(b) Authorized Procurement.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) may be used to
purchase an offshore petroleum distribution system, and the associated
tender for that system, that are under charter by the Military Sealift
Command as of January 1, 2011.
SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2012 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2012 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4501.
[[Page 125 STAT. 1654]]
SEC. 1405. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2012 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, as
specified in the funding table in section 4501.
SEC. 1406. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the Defense Health Program, as specified in the funding table in
section 4501, for use of the Armed Forces and other activities and
agencies of the Department of Defense in providing for the health of
eligible beneficiaries.
Subtitle B--National Defense Stockpile
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2012, the
National Defense Stockpile Manager may obligate up to $50,107,320 of the
funds in the National Defense Stockpile Transaction Fund established
under subsection (a) of section 9 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of
such funds under subsection (b)(2) of such section, including the
disposal of hazardous materials that are environmentally sensitive.
(b) <<NOTE: Notification.>> Additional Obligations.--The National
Defense Stockpile Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions necessitate
the additional <<NOTE: Time period.>> obligations. The National Defense
Stockpile Manager may make the additional obligations described in the
notification after the end of the 45-day period beginning on the date on
which Congress receives the notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 1412. <<NOTE: 50 USC 98d note.>> REVISION TO REQUIRED RECEIPT
OBJECTIVES FOR PREVIOUSLY AUTHORIZED
DISPOSALS FROM THE NATIONAL DEFENSE
STOCKPILE.
Section 3402(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), as most recently
amended by section 1412 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4412), is further amended by striking ``$730,000,000 by the end of
fiscal year 2013'' in paragraph (5) and inserting ``$830,000,000 by the
end of fiscal year 2016''.
Subtitle C--Other Matters
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2012
from the Armed Forces Retirement Home Trust Fund the sum of $67,700,000
for the operation of the Armed Forces Retirement Home.
[[Page 125 STAT. 1655]]
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.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1406 and available for the Defense Health
Program for operation and maintenance, $135,600,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2571). For purposes of subsection (a)(2) of such section 1704, any funds
so transferred shall be treated as amounts authorized and appropriated
specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For purposes of subsection (b) of
such section 1704, facility operations for which funds transferred under
subsection (a) may be used are operations of the Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago Veterans
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility under an
operational agreement covered by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.
Subtitle B--Financial Matters
Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.
Subtitle C--Limitations and Other Matters
Sec. 1531. Joint Improvised Explosive Device Defeat Fund.
Sec. 1532. Continuation of prohibition on use of United States funds for
certain facilities projects in Iraq.
Sec. 1533. Availability of funds in Afghanistan Security Forces Fund.
Sec. 1534. One-year extension of project authority and related
requirements of Task Force for Business and Stability
Operations in Afghanistan.
Sec. 1535. Limitation on availability of funds for Trans Regional Web
Initiative.
Sec. 1536. Report on lessons learned from Department of Defense
participation on interagency teams for counterterrorism
operations in Afghanistan and Iraq.
[[Page 125 STAT. 1656]]
Subtitle A--Authorization of Additional Appropriations
SEC. 1501. PURPOSE.
The purpose of this subtitle is to authorize appropriations for the
Department of Defense for fiscal year 2012 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2012
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section 4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
military personnel, as specified in the funding table in section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2012
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2012 for expenses, not otherwise provided for,
for the Defense Health Program, as specified in the funding table in
section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2012 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2012 for expenses, not otherwise
[[Page 125 STAT. 1657]]
provided for, for the Office of the Inspector General of the Department
of Defense, as specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1522. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) <<NOTE: Determination.>> Authority.--Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2012 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection
may not exceed $4,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Limitations and Other Matters
SEC. 1531. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Use and Transfer of Funds.--
Subsections <<NOTE: Applicability.>> (b) and (c) of section 1514 of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2439), as in effect before the amendments
made by section 1503 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4649), shall
apply to the funds made available to the Department of Defense for the
Joint Improvised Explosive Device Defeat Fund for fiscal year 2012.
(b) Monthly Obligations and Expenditure Reports.--Not later than 15
days after the end of each month of fiscal year 2012, the Secretary of
Defense shall provide to the congressional defense committees a report
on the Joint Improvised Explosive Device Defeat Fund explaining monthly
commitments, obligations, and expenditures by line of action.
SEC. 1532. <<NOTE: Applicability.>> CONTINUATION OF PROHIBITION ON
USE OF UNITED STATES FUNDS FOR CERTAIN
FACILITIES PROJECTS IN IRAQ.
Section <<NOTE: Applicability.>> 1508(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4651) shall apply to funds authorized to be appropriated
by this title.
[[Page 125 STAT. 1658]]
SEC. 1533. AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY FORCES
FUND.
(a) Continuation of Existing Limitations.--Funds available to the
Department of Defense for the Afghanistan Security Forces Fund for
fiscal year 2012 shall be subject to the conditions contained in
subsections (b) through (g) of section 1513 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
428), as amended by section 1531(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4424).
(b) Availability for Literacy Instruction and Training.--Assistance
provided utilizing funds in the Afghanistan Security Forces Fund may
include literacy instruction and training to build the logistical,
management, and administrative capacity of military and civilian
personnel of the Ministry of Defense and Ministry of Interior, including
through instruction at training facilities of the North Atlantic Treaty
Organization Training Mission in Afghanistan.
(c) <<NOTE: Deadline. Reports.>> Management and Oversight of
Contracts.--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 containing the Secretary's determination
regarding whether the Department of Defense has sufficient management
and oversight mechanisms in place with respect to contracts to be
entered into during fiscal year 2012 using funds in the Afghanistan
Security Forces <<NOTE: Determination. Plans.>> Fund. If the Secretary
determines that sufficient management and oversight mechanisms are not
already in place, the Secretary shall include in the report a plan for
improving such management and oversight mechanisms.
SEC. 1534. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND RELATED
REQUIREMENTS OF TASK FORCE FOR BUSINESS
AND STABILITY OPERATIONS IN AFGHANISTAN.
(a) Extension.--Subsection (a) of section 1535 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4426) is amended--
(1) in paragraph (6)--
(A) by striking ``October 31, 2011,'' and inserting
``October 31, 2011, and October 31, 2012''; and
(B) by striking ``fiscal year 2011'' and inserting
``the preceding fiscal year''; and
(2) in paragraph (7), by striking ``September 30, 2011'' and
inserting ``September 30, 2012''.
(b) Authorized Projects.--Paragraph (3) of such subsection is
amended to read as follows:
``(3) Scope of projects.--The projects carried out under
paragraph (1) may include projects that facilitate private
investment, mining sector development, industrial development,
and other projects determined by the Secretary of Defense, with
the concurrence of the Secretary of State, as strengthening
stability or providing strategic support to the
counterinsurgency campaign in Afghanistan. To the maximum extent
possible, the activities of the Task Force for Business and
Stability Operations in Afghanistan should focus on improving
the commercial viability of other reconstruction or development
activities in Afghanistan conducted by the United States.''.
[[Page 125 STAT. 1659]]
(c) Funding Limitation.--Paragraph (4) of such subsection is
amended--
(1) <<NOTE: Deadline.>> by inserting before the period at
the end of the second sentence the following: ``for fiscal year
2012, except that not more than 50 percent of such amount may be
obligated until the plan required by subsection (b) is submitted
to the appropriate congressional committees''; and
(2) by adding at the end the following new sentence: ``The
funds shall be available for projects under paragraph (1) that
begin in one fiscal year and end in the following fiscal
year.''.
SEC. 1535. <<NOTE: Certification.>> LIMITATION ON AVAILABILITY OF
FUNDS FOR TRANS REGIONAL WEB INITIATIVE.
None <<NOTE: Certification.>> of the amounts authorized to be
appropriated by this Act may be obligated or expended on any program
under the Trans Regional Web Initiative of the Department of Defense, or
any similar initiative, until the Secretary of Defense certifies, in
writing, to the Committees on Armed Services of the Senate and the House
of Representatives that such program--
(1) appropriately defines its target audience;
(2) is determined to be the most effective method to reach
such target audience;
(3) is the most cost-effective means of reaching such target
audience; and
(4) includes measurement mechanisms to ensure such target
audience is being reached.
SEC. 1536. REPORT ON LESSONS LEARNED FROM DEPARTMENT OF DEFENSE
PARTICIPATION ON INTERAGENCY TEAMS FOR
COUNTERTERRORISM OPERATIONS IN
AFGHANISTAN AND IRAQ.
(a) Assessment and Report Required.--The Secretary of Defense shall
direct a federally funded research and development center to conduct an
assessment on lessons learned from the use of interagency teams for
counterterrorism operations in Afghanistan and Iraq. 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 containing the
results of the assessment, together with the comments of the Secretary
regarding the assessment and each of the elements of the assessment
specified in subsection (b).
(b) Elements.--The assessment and report required by subsection (a)
shall include the following:
(1) An assessment of the value of interagency teams in
counterterrorism operations.
(2) An explanation of how and why the requirements for
effective interagency teams differ from teams composed entirely
of Department of Defense personnel.
(3) A description of the best practices of such interagency
teams and efforts to codify such best practices.
(4) A description of the challenges in forming and operating
effective interagency teams.
(5) An assessment whether the lessons learned through
Department of Defense participation on such interagency teams is
applicable to other interagency teams in which Department
personnel participate.
[[Page 125 STAT. 1660]]
(6) An assessment of the feasibility and advisability of
adding a skill identifier to track Department civilian and
military personnel who have successfully supported, participated
on, or led an interagency team.
(7) A description of the additional authorities, if any,
needed to permit Department personnel to more effectively
support, participate on, or lead an interagency team.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form to the extent possible, but may include a
classified annex.
DIVISION <<NOTE: Military Construction Authorization Act for Fiscal Year
2012.>> B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2012''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2015.
(b) Exception.--Subsection (a) shall not apply to authorizations for
military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2014; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2015 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
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.
[[Page 125 STAT. 1661]]
Sec. 2112. Technical amendments to correct certain project
specifications.
Sec. 2113. Reduction of Army military construction authorization.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104 and available for
military construction projects inside the United States as specified in
the funding table in section 4601, the Secretary of the Army may acquire
real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts,
set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Fort Wainwright................................ $114,000,000
JB Elmendorf-Richardson........................ $103,600,000
Alabama....................................... Fort Rucker.................................... $11,600,000
California.................................... Fort Irwin..................................... $23,000,000
Presidio Monterey.............................. $3,000,000
Colorado...................................... Fort Carson.................................... $238,600,000
Georgia....................................... Fort Benning................................... $66,700,000
Fort Gordon.................................... $1,450,000
Fort Stewart................................... $2,600,000
Hawaii........................................ Fort Shafter................................... $17,500,000
Schofield Barracks............................. $105,000,000
Kansas........................................ Forbes Air Field............................... $5,300,000
Fort Riley..................................... $83,400,000
Kentucky...................................... Fort Campbell.................................. $247,500,000
Fort Knox...................................... $55,000,000
Louisiana..................................... Fort Polk...................................... $70,100,000
Maryland...................................... Aberdeen Proving Ground........................ $78,500,000
Fort Meade..................................... $79,000,000
Missouri...................................... Fort Leonard Wood.............................. $49,000,000
North Carolina................................ Fort Bragg..................................... $186,000,000
New York...................................... Fort Drum...................................... $13,300,000
Oklahoma...................................... Fort Sill...................................... $184,600,000
McAlester...................................... $8,000,000
South Carolina................................ Fort Jackson................................... $63,900,000
Texas......................................... Fort Bliss..................................... $122,500,000
Fort Hood...................................... $132,000,000
JB San Antonio................................. $10,400,000
Red River Army Depot........................... $44,000,000
Utah.......................................... Dugway Proving Ground.......................... $32,000,000
Virginia...................................... Fort Belvoir................................... $77,000,000
JB Langley Eustis.............................. $26,000,000
Washington.................................... JB Lewis McChord............................... $296,300,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104 and available for
military construction projects outside the United States as specified in
the funding table in section 4601, the Secretary of the Army may acquire
real property and carry out military construction projects for the
installations or locations outside the United States, and in the
amounts, set forth in the following table:
[[Page 125 STAT. 1662]]
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... Bagram Air Base................................ $80,000,000
Germany....................................... Grafenwoehr.................................... $38,000,000
Landstuhl...................................... $63,000,000
Oberdachstetten................................ $12,200,000
Stuttgart...................................... $12,200,000
Vilseck........................................ $20,000,000
Korea, Republic of............................ Camp Carroll................................... $41,000,000
Camp Henry..................................... $48,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2104 and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Grafenwoehr................ Family Housing New $13,000,000
Construction (26 units)..
Illesheim.................. Family Housing Replacement $41,000,000
Construction (80 units)..
Vilseck.................... Family Housing New $12,000,000
Construction (22 units)..
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2104 and available for
military family housing functions as specified in the funding table in
section 4601, the Secretary of the Army may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount not
to exceed $7,897,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2104 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Army may improve existing military family housing units in an amount not
to exceed $103,000,000.
[[Page 125 STAT. 1663]]
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2011, for military
construction, land acquisition, and military family housing functions of
the Department of the Army, as specified in the funding table in section
4601.
(b) Limitation.--The <<NOTE: Grants. Certification.>> Secretary of
the Army shall not enter into an award for a Road and Infrastructure
Improvements project at Fort Belvoir, Virginia, until the Secretary
certifies to the congressional defense committees that sufficient
private funding has been raised and a construction award has been made
to concurrently construct the ``Baseline Museum'' phase of the National
Museum of the United States Army.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2009 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2009 (division B of Public Law 110-417; 122 Stat. 4658) for Fort
Benning, Georgia, for construction of a Multipurpose Training Range at
the installation, the Secretary of the Army may construct up to 1,802
square feet of loading dock consistent with the Army's construction
guidelines for Multipurpose Training Ranges.
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section
2101(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2629) for Joint Base
Lewis-McChord, Washington, for construction of an access road adjoining
McChord Air Force Base and Fort Lewis, the Secretary of the Army may
construct a secure elevated roadway over the existing railroad and
public road in lieu of an on-grade road and access control point.
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2011 PROJECTS.
(a) Hawaii.--In the case of the authorization contained in the table
in section 2101(a) of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437) for
Schofield Barracks, Hawaii, for renovations of buildings 450 and 452,
the Secretary of the Army may renovate building 451 in lieu of building
452.
(b) New York.--In the case of the authorization contained in the
table in section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4437)
for Fort Drum, New York, for construction of an Aircraft Maintenance
Hangar at the installation, the Secretary of the Army may construct up
to 39,049 square yards of parking apron consistent with the Army's
construction guidelines for Aircraft Maintenance Hangars and associated
parking aprons.
(c) Germany.--In the case of the authorization contained in the
table in section 2101(b) of the Military Construction Authorization Act
for Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4438)
for Wiesbaden Air Base, Germany, for construction of an Information
Processing Center at the installation, the Secretary of the Army may
construct up to 9,400 square yards of
[[Page 125 STAT. 1664]]
vehicle parking garage consistent with the Army's construction
guidelines for parking garages, in lieu of renovating 9,400 square yards
of parking area.
SEC. 2108. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2012 PROJECT.
(a) Project Authorization.--The Secretary of the Army may carry out
a military construction project to construct a water treatment facility
for Fort Irwin, California, in the amount of $115,000,000.
(b) Use of Unobligated Prior-year Army Military Construction
Funds.--The Secretary may use available, unobligated Army military
construction funds appropriated for a fiscal year before fiscal year
2012 for the project described in subsection (a).
(c) Congressional Notification.--The Secretary of the Army shall
provide information in accordance with section 2851(c) of title 10,
United States Code, regarding the project described in subsection (a).
If it becomes necessary to exceed the estimated project cost, the
Secretary shall utilize the authority provided by section 2853 of such
title regarding authorized cost and scope of work variations.
SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 504), shall remain in effect until October 1, 2012, or the date of
the enactment of an Act authorizing funds for military construction for
fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2008 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Louisiana............................. Fort Polk................ Child Care Facility............. $6,100,000
Missouri.............................. Fort Leonard Wood........ Multipurpose Machine Gun Range. $4,150,000
----------------------------------------------------------------------------------------------------------------
SEC. 2110. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), authorizations set forth in the
table in subsection (b), as provided in section 2101 of that Act (122
Stat. 4659), shall remain in effect until October 1, 2012, or the date
of the enactment of an Act authorizing funds for military construction
for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 125 STAT. 1665]]
Army: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................. Anniston Army Depot....... Lake Yard Interchange........ $1,400,000
Hawaii.................................. Schofield Barracks........ Brigade Complex.............. $65,000,000
Schofield Barracks........ Battalion Complex............ $69,000,000
Schofield Barracks........ Battalion Complex............ $27,000,000
Schofield Barracks........ Infrastructure Expansion..... $76,000,000
New Jersey.............................. Picatinny Arsenal......... Ballistic Evaluation Facility $9,900,000
Phase I.....................
Virginia................................ Fort Eustis............... Vehicle Paint Facility....... $3,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2111. TOUR NORMALIZATION.
None of the funds authorized to be appropriated under this Act may
be obligated or expended for additional tour normalization until--
(1) the Director of Cost Assessment and Program Evaluation
conducts an analysis of alternatives to tour normalization that
identifies alternative courses of action and their associated
life cycle costs, potential benefits, advantages, and
disadvantages;
(2) <<NOTE: Master plan.>> the Secretary of Defense submits
to the congressional defense committees a master plan for
completing all phases of tour normalization that includes a
detailed description of all costs and a schedule for the
construction of necessary facilities and infrastructure; and
(3) legislation enacted after the date of the enactment of
this Act authorizes the obligation of funds for such purpose.
SEC. 2112. TECHNICAL AMENDMENTS TO CORRECT CERTAIN PROJECT
SPECIFICATIONS.
The table in section 3002 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat.
4503) is amended--
(1) in the item for the Army relating to ``Entry Control
Point and Access Roads'' that appears immediately below the item
relating to ``Vet Clinic & Kennel'' at Bagram Air Force Base, by
striking ``Delaram Ii'' in the State/Country and Installation
column and inserting ``Delaram II''; and
(2) in the item for the Army that appears immediately below
the item relating to ``Electrical Utility Systems, Ph.2'' at the
Shank installation, by striking ``Expand Extended Cooperation
Programme I and Extended Cooperation Programme 2'' in the
Project Title column and inserting ``Expand Entry Control Point
1 and Entry Control Point 2''.
SEC. 2113. REDUCTION OF ARMY MILITARY CONSTRUCTION AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Army for fiscal years prior to fiscal year 2012 are hereby reduced
by $100,000,000.
[[Page 125 STAT. 1666]]
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.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204 and available for
military construction projects inside the United States as specified in
the funding table in section 4601, the Secretary of the Navy may acquire
real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts,
set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Yuma.......................................... $162,785,000
California................................... Barstow....................................... $8,590,000
Bridgeport.................................... $16,138,000
Camp Pendleton................................ $335,080,000
Coronado...................................... $108,435,000
Point Mugu.................................... $15,377,000
Twentynine Palms.............................. $67,109,000
Florida...................................... Jacksonville.................................. $36,552,000
Mayport........................................ $14,998,000
Whiting Field................................. $20,620,000
Georgia...................................... Kings Bay..................................... $86,063,000
Hawaii....................................... Barking Sands................................. $9,679,000
Joint Base Pearl Harbor-Hickam................ $7,492,000
Kaneohe Bay................................... $57,704,000
Illinois..................................... Great Lakes................................... $91,042,000
Maryland..................................... Indian Head................................... $67,779,000
Patuxent River................................ $45,844,000
North Carolina............................... Camp Lejeune.................................. $200,482,000
Cherry Point Marine Corps Air Station......... $17,760,000
New River..................................... $78,930,000
South Carolina............................... Beaufort...................................... $21,096,000
Virginia..................................... Norfolk....................................... $108,228,000
Portsmouth.................................... $74,864,000
Quantico...................................... $183,690,000
Washington................................... Bremerton..................................... $13,341,000
Kitsap........................................ $758,842,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204 and available for
military construction projects outside the United States as specified in
the funding table in section 4601, the Secretary of the Navy may acquire
real property and carry out military construction projects for the
installation or location outside the United States, and in the amounts,
set forth in the following table:
[[Page 125 STAT. 1667]]
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain...................................... SW Asia........................................ $55,010,000
Diego Garcia................................. Diego Garcia................................... $35,444,000
Djibouti..................................... Camp Lemonier.................................. $89,499,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204 and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $3,199,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount not
to exceed $97,773,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Navy, as specified in the funding table in section 4601.
SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2201(c) of that Act (122
Stat. 511) and extended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law 111-
383; 124 Stat. 4443), shall remain in effect until October 1, 2012, or
the date of an Act authorizing funds for military construction for
fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................... Various.................... Host Nation Infrastructure. $2,700,000
----------------------------------------------------------------------------------------------------------------
(c) Technical Amendment for Consistency in Project Authorization
Display.--The table in section 2201(c) of the Military Construction
Authorization Act for Fiscal Year 2008 (division
[[Page 125 STAT. 1668]]
B of Public Law 110-181; 122 Stat. 511) is amended to read as follows:
Navy: Worldwide Unspecified
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified.................... Various.................... Wharf Utilities Upgrade.... $8,900,000
Worldwide Unspecified.................... Various.................... Host Nation Infrastructure. $2,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorization set forth in the
table in subsection (b), as provided in section 2201 of that Act (122
Stat 4670), shall remain in effect until October 1, 2012, or the date of
an Act authorizing funds for military construction for fiscal year 2013,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Base, Camp Operations Access Points, Red $11,970,000
Pendelton................ Beach.......................
Marine Corps Air Station, Emergency Response Station... $6,530,000
Miramar..................
District of Columbia.................... Washington Navy Yard...... Child Development Center..... $9,340,000
----------------------------------------------------------------------------------------------------------------
SEC. 2207. GUAM REALIGNMENT.
(a) Restriction on Use of Funds.--Except as provided in subsection
(c), notwithstanding any other provision of law, none of the funds
authorized to be appropriated under this Act, and none of the amounts
provided by the Government of Japan for military construction activities
on land under the jurisdiction of the Department of Defense, may be
obligated to implement the realignment of United States Marine Corps
forces from Okinawa to Guam as envisioned in the United States-Japan
Roadmap for Realignment Implementation issued May 1, 2006, until--
(1) the Commandant of the Marine Corps, in consultation with
the Commander of the United States Pacific Command, provides the
congressional defense committees the Commandant's preferred
force lay-down for the United States Pacific Command Area of
Responsibility;
[[Page 125 STAT. 1669]]
(2) <<NOTE: Master plan.>> the Secretary of Defense submits
to the congressional defense committees a master plan for the
construction of facilities and infrastructure to execute the
Commandant's preferred force lay-down on Guam, including a
detailed description of costs and a schedule for such
construction;
(3) <<NOTE: Certification.>> the Secretary of Defense
certifies to the congressional defense committees that tangible
progress has been made regarding the relocation of Marine Corps
Air Station Futenma;
(4) <<NOTE: Plans.>> a plan coordinated by all pertinent
Federal agencies is provided to the congressional defense
committees detailing descriptions of work, costs, and a schedule
for completion of construction, improvements, and repairs to the
non-military utilities, facilities, and infrastructure on Guam
affected by the realignment of forces; and
(5) the Secretary of Defense--
(A) <<NOTE: Reports.>> submits to the congressional
defense committees the report on the assessment of the
United States force posture in East Asia and the Pacific
region required under section 346 of this Act; or
(B) <<NOTE: Certification.>> certifies to the
congressional defense committees that the deadline
established under such section for the submission of
such report has not been met.
(b) Development of Public Infrastructure.--
(1) <<NOTE: Determination.>> Authorization required.--
Notwithstanding any other provision of law, if the Secretary of
Defense determines that any grant, cooperative agreement,
transfer of funds to another Federal agency, or supplement of
funds available in fiscal year 2012 under Federal programs
administered by agencies other than the Department of Defense
will result in the development (including repair, replacement,
renovation, conversion, improvement, expansion, acquisition, or
construction) of public infrastructure on Guam, such grant,
transfer cooperative agreement, or supplemental funding shall be
specifically authorized by law.
(2) Public infrastructure defined.--In this section, the
term ``public infrastructure'' means any utility, method of
transportation, item of equipment, or facility under the control
of a public entity or State or local government that is used by,
or constructed for the benefit of, the general public.
(c) Exception to Restriction on Use of Funds.--The Secretary of
Defense may use funds described in subsection (a) to carry out
additional analysis under the National Environmental Policy Act of 1969
to include the following actions:
(1) A re-evaluation of live-fire training range complex
alternatives, based upon the application of probabilistic
modeling; and
(2) The ongoing analysis on the impacts of the realignment
and build-up on Guam as described in subsection (a) on coral
reefs in Apra Harbor, Guam.
SEC. 2208. REDUCTION OF NAVY MILITARY CONSTRUCTION AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Navy for fiscal years prior to fiscal year 2012 are hereby reduced
by $25,000,000.
[[Page 125 STAT. 1670]]
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.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304 and available for
military construction projects inside the United States as specified in
the funding table in section 4601, the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska...................... Eielson AFB.......... $45,000,000
JB Elmendorf- $97,000,000
Richardson.
Arizona..................... Davis-Monthan AFB.... $33,000,000
Luke AFB............. $24,000,000
California.................. Travis AFB........... $22,000,000
Vandenberg AFB....... $14,200,000
Colorado.................... U.S. Air Force $13,400,000
Academy.
Delaware.................... Dover AFB............ $2,800,000
Kansas...................... Fort Riley........... $7,600,000
Louisiana................... Barksdale AFB........ $23,500,000
Missouri.................... Whiteman AFB......... $4,800,000
North Carolina.............. Pope AFB............. $6,000,000
North Dakota................ Minot AFB............ $67,800,000
Nebraska.................... Offutt AFB........... $564,000,000
New Mexico.................. Cannon AFB........... $22,598,000
Holloman AFB......... $29,200,000
Kirtland AFB......... $25,000,000
Nevada...................... Nellis AFB........... $35,850,000
Texas....................... Joint Base San $110,000,000
Antonio.
Utah........................ Hill AFB............. $16,500,000
Virginia.................... JB Langley Eustis.... $50,000,000
Washington.................. Fairchild AFB........ $27,600,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304 and available for
military construction projects outside the United States as specified in
the funding table in section 4601, the Secretary of the Air Force may
acquire real property and carry out military construction projects for
the installations or locations outside the United States, and in the
amounts, set forth in the following table:
[[Page 125 STAT. 1671]]
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Greenland..................... Thule AB............. $28,000,000
Guam.......................... Joint Region Marianas $83,600,000
Germany....................... Ramstein AB.......... $34,697,000
Italy......................... Sigonella............ $15,000,000
Korea, Republic Of............ Osan AB.............. $23,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304 and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $4,208,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304 and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the Air
Force may improve existing military family housing units in an amount
not to exceed $80,546,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force, as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY OUT CERTAIN
FISCAL YEAR 2010 PROJECT.
In the case of the authorization contained in the table in section
2301(a) of the Military Construction Authorization Act for Fiscal Year
2010 (division B of Public Law 111-84; 123 Stat. 2636) for Hickam Air
Force Base, Hawaii, for construction of a Ground Control Tower at the
installation, the Secretary of the Air Force may construct 43 vertical
meters (141 vertical feet) in lieu of 111 square meters (1,195 square
feet), consistent with the Air Force's construction guidelines for
control towers, using amounts appropriated pursuant to authorizations of
appropriations in prior years.
SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009
PROJECT.
(a) Extension.--The authorization set forth in the table in
subsection (b), as provided for by title X of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1888) under the
heading ``Military Construction, Air Force'', shall remain in effect
until October 1, 2012, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2013,
whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
[[Page 125 STAT. 1672]]
Air Force: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Spangdahlem Air Base....... Child Development Center..... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2307. REDUCTION OF AIR FORCE MILITARY CONSTRUCTION
AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
the Air Force for fiscal years prior to fiscal year 2012 are hereby
reduced by $32,000,000.
TITLE XXIV--DEFENSE AGENCIES 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.
Subtitle A--Defense Agency Authorizations
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available for
military construction projects inside the United States as specified in
the funding table in section 4601, the Secretary of Defense may acquire
real property and carry out military construction projects for the
installations or locations inside the United States, and in the amounts,
set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska........................................ Anchorage.................................. $18,400,000
Eielson AFB................................ $14,800,000
Alabama....................................... Redstone Arsenal........................... $58,800,000
Arizona....................................... Davis-Monthan AFB.......................... $23,000,000
California.................................... Camp Pendleton............................. $12,141,000
Coronado................................... $42,000,000
Defense Distribution Depot-Tracy........... $15,500,000
San Clemente............................... $21,800,000
Colorado...................................... Buckley AFB................................ $140,932,000
District of Columbia.......................... Bolling AFB................................ $16,736,000
Florida....................................... Eglin AFB.................................. $51,600,000
Eglin AUX 9................................ $9,500,000
MacDill AFB................................ $15,200,000
[[Page 125 STAT. 1673]]
Whiting Field.............................. $3,800,000
Georgia....................................... Fort Benning............................... $37,205,000
Fort Gordon................................ $17,705,000
Fort Stewart............................... $72,300,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam............. $14,400,000
Illinois...................................... Great Lakes................................ $16,900,000
Kentucky...................................... Fort Campbell.............................. $138,500,000
Fort Knox.................................. $38,845,000
Louisiana..................................... Barksdale AFB.............................. $6,200,000
Massachusetts................................. Hanscom AFB................................ $34,040,000
Westover ARB............................... $23,300,000
Maryland....................................... Bethesda Naval Hospital.................... $18,000,000
Fort Meade................................. $29,640,000
Joint Base Andrews......................... $265,700,000
Missouri...................................... Arnold..................................... $9,253,000
Mississippi................................... Columbus AFB............................... $2,600,000
Gulfport................................... $34,700,000
North Carolina................................ Camp Lejeune............................... $6,670,000
Fort Bragg................................. $206,274,000
New River.................................. $22,687,000
Pope AFB................................... $5,400,000
New Mexico.................................... Cannon AFB................................. $132,997,000
New York...................................... Fort Drum.................................. $20,400,000
Ohio.......................................... Columbus................................... $10,000,000
Oklahoma...................................... Altus AFB.................................. $8,200,000
Pennsylvania.................................. DEF Distribution Depot New Cumberland...... $43,000,000
Philadelphia............................... $8,000,000
South Carolina................................ Joint Base Charleston...................... $24,868,000
Texas.......................................... Joint Base San Antonio..................... $194,300,000
Virginia...................................... Charlottesville............................ $10,805,000
Dahlgren................................... $1,988,000
Dam Neck................................... $23,116,000
Fort Belvoir............................... $54,625,000
Joint Expeditionary Base Little Creek - $37,000,000
Story......................................
Pentagon................................... $8,742,000
Quantico................................... $46,727,000
Washington.................................... JB Lewis McChord........................... $35,000,000
Whidbey Island............................. $25,000,000
West Virginia................................. Camp Dawson................................ $2,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available for
military construction projects outside the United States as specified in
the funding table in section 4601, the Secretary of Defense may acquire
real property and carry out military construction projects for the
installations or locations outside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany...................... Ansbach............. $11,672,000
Baumholder.......... $59,419,000
Grafenwoehr......... $6,529,000
Rhine Ordnance $750,000,000
Barracks.
[[Page 125 STAT. 1674]]
Spangdalem Air Base. $129,043,000
Stuttgart-Patch $2,434,000
Barracks.
Italy........................ Vicenza............. $41,864,000
Japan........................ Yokota Air Base..... $61,842,000
United Kingdom............... Menwith Hill Station $68,601,000
Royal Air Force $35,030,000
Alconbury.
------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available for
energy conservation projects inside the United States as specified in
the funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations inside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Inside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell AFB........... $2,482,000
Arizona...................... Davis-Monthan AFB..... $4,650,000
California................... Presidio of Monterey.. $5,000,000
San Joaquin/Tracy Site $2,860,000
Colorado..................... Fort Carson........... $4,277,000
Florida...................... Tyndall AFB........... $3,255,000
Georgia...................... MCLB Albany........... $3,504,000
Kentucky..................... Fort Knox............. $2,750,000
Massachusetts................ Hanscom AFB........... $3,609,000
New York..................... Fort Drum............. $3,500,000
North Carolina............... Fort Bragg............ $13,400,000
North Carolina............... Camp Lejeune.......... $6,925,000
Oklahoma..................... Altus AFB............. $5,700,000
Tennessee.................... Arnold AFB............ $3,300,000
Utah......................... Tooele Army Depot..... $8,200,000
Virginia..................... NRO/ADF-E............. $2,000,000
Wyoming...................... FE Warren AFB......... $12,600,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403 and available for
energy conservation projects outside the United States as specified in
the funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10, United
States Code, for the installations or locations outside the United
States, and in the amounts, set forth in the following table:
Energy Conservation Projects: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Guam......................... NB Guam............... $17,377,000
Italy........................ NAS Naples............ $2,867,000
Marshall Islands............. Kwajalein Atoll....... $6,300,000
Various Locations............ Various Locations..... $20,444,000
------------------------------------------------------------------------
[[Page 125 STAT. 1675]]
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 2011, for military
construction, land acquisition, and military family housing functions of
the Department of Defense (other than the military departments), as
specified in the funding table in section 4601.
(b) <<NOTE: Assessment. Certification. Germany.>> Limitation.--The
Secretary of Defense shall not enter into an award for a Replacement of
the Wetzel-Smith Elementary School project at Baumholder, Germany, until
the Secretary completes an assessment of United States military force
structure in the European theater and certifies to the congressional
defense committees that Baumholder, Germany is an enduring location.
Subtitle B--Chemical Demilitarization Authorizations
SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL
DEMILITARIZATION CONSTRUCTION, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for military construction and land
acquisition for chemical demilitarization, as specified in the funding
table in section 4601.
Subtitle C--Other Matters
SEC. 2421. REDUCTION OF DEFENSE AGENCIES MILITARY CONSTRUCTION
AUTHORIZATION.
Amounts previously authorized for military construction, land
acquisition, and military family housing functions of the Department of
Defense (other than the military departments) for fiscal years prior to
fiscal year 2012 are hereby reduced by $131,400,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to exceed
the sum of the amount authorized to be appropriated for this purpose in
section 2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed by the
United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for contributions by the Secretary
of Defense under section 2806 of title 10, United States
[[Page 125 STAT. 1676]]
Code, for the share of the United States of the cost of projects for the
North Atlantic Treaty Organization Security Investment Program
authorized by section 2501, as specified in the funding table in section
4601.
TITLE XXVI--GUARD 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.
Subtitle A--Project Authorizations and Authorization of Appropriations
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606 and available for
the National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National Guard
locations inside the United States, and in the amounts, set forth in the
following table:
Army National Guard: Inside the United States
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Alabama....................... Fort McClellan....... $16,500,000
Arkansas...................... Fort Chaffee......... $3,500,000
Arizona....................... Papago Military $17,800,000
Reservation.
California.................... Camp Roberts......... $38,160,000
Camp San Luis Obispo. $8,000,000
Colorado...................... Alamosa.............. $6,400,000
Aurora............... $3,600,000
Fort Carson.......... $43,000,000
District of Columbia.......... Anacostia............ $5,300,000
Florida....................... Camp Blanding........ $5,500,000
Georgia....................... Atlanta.............. $11,000,000
Hinesville........... $17,500,000
Macon................ $14,500,000
Hawaii........................ Kalaeloa............. $33,000,000
Illinois...................... Normal............... $10,000,000
Indiana....................... Camp Atterbury....... $81,900,000
Indianapolis......... $25,700,000
[[Page 125 STAT. 1677]]
Massachusetts................. Natick............... $9,000,000
Maryland...................... Dundalk.............. $16,000,000
La Plata............. $9,000,000
Westminster.......... $10,400,000
Maine......................... Bangor............... $15,600,000
Brunswick............ $23,000,000
Minnesota..................... Camp Ripley.......... $8,400,000
Mississippi................... Camp Shelby.......... $64,600,000
North Carolina................ Greensboro........... $3,700,000
Nebraska...................... Grand Island......... $22,000,000
Mead................. $9,100,000
New Jersey.................... Lakehurst............ $49,000,000
New Mexico.................... Santa Fe............. $5,200,000
Nevada........................ Las Vegas............ $23,000,000
Oklahoma...................... Camp Gruber.......... $13,361,000
Oregon........................ The Dalles........... $13,800,000
South Carolina................ Allendale............ $4,300,000
Utah.......................... Camp Williams........ $6,500,000
Virginia...................... Fort Pickett......... $11,000,000
Wisconsin..................... Camp Williams........ $7,000,000
West Virginia................. Buckhannon........... $10,000,000
Wyoming....................... Cheyenne............. $8,900,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2606 and available for
the National Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National Guard
locations outside the United States, and in the amounts, set forth in
the following table:
Army National Guard: Outside the United States
------------------------------------------------------------------------
Country Location Amount
------------------------------------------------------------------------
Puerto Rico................... Fort Buchanan........ $57,000,000
------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
------------------------------------------------------------------------
Country Location Amount
------------------------------------------------------------------------
California.................... Fort Hunter Liggett.. $5,200,000
Colorado...................... Fort Collins......... $13,600,000
Illinois...................... Homewood............. $16,000,000
Rockford............. $12,800,000
Indiana....................... Fort Benjamin $57,000,000
Harrison.
[[Page 125 STAT. 1678]]
Kansas........................ Kansas City.......... $13,000,000
Massachusetts................. Attleboro............ $22,000,000
Minnesota..................... Saint Joseph......... $11,800,000
Missouri...................... Weldon Springs....... $19,000,000
North Carolina................ Greensboro........... $19,000,000
New York...................... Schenectady.......... $20,000,000
South Carolina................ Orangeburg........... $12,000,000
Wisconsin..................... Fort McCoy........... $27,300,000
------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
Pennsylvania.................. Pittsburgh........... $13,759,000
Tennessee..................... Memphis.............. $7,949,000
------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and carry out military
construction projects for the Air National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Air National Guard
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... Beale AFB............ $6,100,000
Moffett Field........ $26,000,000
Hawaii........................ Joint Base Pearl $39,521,000
Harbor-Hickam.
Indiana....................... Fort Wayne IAP....... $4,000,000
Massachusetts................. Otis ANGB............ $7,800,000
Maryland...................... Martin State Airport. $4,900,000
Ohio.......................... Springfield Beckley- $6,700,000
MAP.
------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and
[[Page 125 STAT. 1679]]
carry out military construction projects for the Air Force Reserve
locations inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
------------------------------------------------------------------------
State Location Amount
------------------------------------------------------------------------
California.................... March AFB............ $16,393,000
South Carolina................ Charleston AFB....... $9,593,000
------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND
RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
Subtitle B--Other Matters
SEC. 2611. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008
PROJECT.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2008 (division B of
Public Law 110-181; 122 Stat. 503), the authorization set forth in the
table in subsection (b), as provided in section 2601 of that Act (122
Stat. 527) and extended by section 2607 of the Military Construction
Authorization Act for Fiscal Year 2011 (division B of Public Law 111-
383; 124 Stat. 4454), shall remain in effect until October 1, 2012, or
the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2013, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army National Guard: Extension of 2008 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania........................... East Fallowfield Township. Readiness Center (SBCT)....... $ 8,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009
PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2009 (division B of
Public Law 110-417; 122 Stat. 4658), the authorizations set forth in the
tables in subsection (b), as provided in sections 2601, 2602, and 2603
of that Act (122 Stat. 4699), shall remain in effect until October 1,
2012, or the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2013, whichever is later.
[[Page 125 STAT. 1680]]
(b) Table.--The tables referred to in subsection (a) are as follows:
Army National Guard: Extension of 2009 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana................................ Camp Atterbury............ Machine Gun Range............. $ 5,800,000
Nevada................................. Elko...................... Readiness Center.............. $11,375,000
----------------------------------------------------------------------------------------------------------------
Army Reserve: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
New York............................... Staten Island............. Reserve Center................ $18,550,000
----------------------------------------------------------------------------------------------------------------
Navy and Marine Corps Reserve: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Delaware............................... Wilmington................ Reserve Center................ $11,530,000
----------------------------------------------------------------------------------------------------------------
Air National Guard: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi.......................... Gulfport-Biloxi Relocate munitions storage complex $3,400,000
International Airport..
----------------------------------------------------------------------------------------------------------------
SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2008 AND 2009 PROJECTS.
(a) Authority to Carry Out Army Reserve Center Project, Carlin,
Nevada.--In the case of the authorization contained in the table in
section 2601 of the Military Construction Authorization Act for Fiscal
Year 2009 (division B of Public Law 110-417; 122 Stat. 4701) for Elko,
Nevada, for construction of an Army Reserve Center, the Secretary of the
Army may instead construct a Readiness Center at Carlin, Nevada.
(b) Authority to Carry Out Army Reserve Center Project, Fort
Wadsworth, New York.--In the case of the authorization contained in the
table in section 2602 of the Military Construction Authorization Act for
Fiscal Year 2009 (division B of Public Law 110-417; 122 Stat. 4703) for
Staten Island, New York, for construction of an Army Reserve Center, the
Secretary of the Army may instead construct an addition/alteration at
the Army Reserve Center at Fort Wadsworth, New York.
(c) Authority to Carry Out Readiness Center Project, Coatesville,
Pennsylvania.--In the case of the authorization contained in the table
in section 2601 of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law
[[Page 125 STAT. 1681]]
110-181, 122 Stat. 527) for Fallowfield Township, Pennsylvania, for
construction of a Readiness Center, the Secretary of the Army may
instead construct the Readiness Center at Coatesville, Pennsylvania.
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.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT 1990.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2011, for base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act, as
specified in the funding table in section 4601.
SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2703 and available for base realignment and
closure activities as specified in the funding table in section 4601,
the Secretary of Defense may carry out base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such Act, as
specified in the funding table in section 4601.
SEC. 2703. <<NOTE: 10 USC 2687 note.>> AUTHORITY TO COMPLETE
SPECIFIC BASE CLOSURE AND REALIGNMENT
RECOMMENDATIONS.
(a) Limited Authority to Extend Implementation Period.--The
Secretary of Defense shall--
(1) complete all closures and realignments recommended in
the report of the Base Closure and Realignment Commission
transmitted by the President to Congress in accordance with
section 2914(e) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), as expeditiously as possible; and
(2) <<NOTE: Oregon.>> complete the closure of the Umatilla
Chemical Depot, Oregon, as recommended in the report of the Base
Closure and Realignment Commission transmitted by the President
[[Page 125 STAT. 1682]]
to Congress in accordance with section 2914(e) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note)--
(A) without regard to any condition contained in
that recommendation; and
(B) <<NOTE: Deadline.>> not later than one year
after the completion of the chemical demilitarization
mission in accordance with the Chemical Weapons
Convention Treaty.
(b) Implementation.--Notwithstanding any other provision of law, the
Secretary of Defense shall carry out the authority provided under
subsection (a), and any related property management and disposal
activities, in accordance with the procedures and authorities under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note).
SEC. 2704. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION
INFRASTRUCTURE IN CONSIDERATION AND
SELECTION OF MILITARY INSTALLATIONS FOR
CLOSURE OR REALIGNMENT.
(a) Modification of Selection Criteria.--Subsection (b)(1) of
section 2687 of title 10, United States Code, is amended--
(1) by striking ``notification an evaluation'' and inserting
``notification--
``(A) an evaluation''; and
(2) by adding at the end the following new subparagraph:
``(B) the criteria used to consider and recommend
military installations for such closure or realignment,
which shall include at a minimum consideration of--
``(i) the ability of the infrastructure
(including transportation infrastructure) of both
the existing and receiving communities to support
forces, missions, and personnel as a result of
such closure or realignment; and
``(ii) the costs associated with community
transportation infrastructure improvements as part
of the evaluation of cost savings or return on
investment of such closure or realignment; and''.
(b) Effect of Significant Impacts.--Such section is further amended
by adding at the end the following new subsection:
``(f) <<NOTE: Determination.>> If the Secretary of Defense or the
Secretary of the military department concerned determines, pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
that a significant transportation impact will occur at a result of an
action described in subsection (a), the action may not be taken unless
and until the Secretary of Defense or the Secretary of the military
department concerned--
``(1) analyzes the adequacy of transportation infrastructure
at and in the vicinity of each military installation that would
be impacted by the action;
``(2) concludes consultation with the Secretary of
Transportation with regard to such impact;
``(3) analyzes the impact of the action on local businesses,
neighborhoods, and local governments; and
``(4) includes in the notification required by subsection
(b)(1) a description of how the Secretary intends to remediate
the significant transportation impact.''.
[[Page 125 STAT. 1683]]
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Prohibition on use of any cost-plus system of contracting for
military construction and military family housing projects.
Sec. 2802. Modification of authority to carry out unspecified minor
military construction projects.
Sec. 2803. Protections for suppliers of labor and materials under
contracts for military construction projects and military
family housing projects.
Sec. 2804. Extension of temporary, limited authority to use operation
and maintenance funds for construction projects outside the
United States.
Sec. 2805. General military construction transfer authority.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Clarification of authority to use Pentagon Reservation
Maintenance Revolving Fund for minor construction and
alteration activities at Pentagon Reservation.
Sec. 2812. Reporting requirements related to the granting of easements.
Sec. 2813. Limitations on use or development of property in Clear Zone
Areas and clarification of authority to limit encroachments.
Sec. 2814. Department of Defense conservation and cultural activities.
Sec. 2815. Exchange of property at military installations.
Sec. 2816. Defense access road program enhancements to address
transportation infrastructure in vicinity of military
installations.
Subtitle C--Energy Security
Sec. 2821. Consolidation of definitions used in energy security chapter.
Sec. 2822. Consideration of energy security in developing energy
projects on military installations using renewable energy
sources.
Sec. 2823. Establishment of interim objective for Department of Defense
2025 renewable energy goal.
Sec. 2824. Use of centralized purchasing agents for renewable energy
certificates to reduce cost of facility energy projects using
renewable energy sources and improve efficiencies.
Sec. 2825. Identification of energy-efficient products for use in
construction, repair, or renovation of Department of Defense
facilities.
Sec. 2826. Submission of annual Department of Defense energy management
reports.
Sec. 2827. Requirement for Department of Defense to capture and track
data generated in metering Department facilities.
Sec. 2828. Metering of Navy piers to accurately measure energy
consumption.
Sec. 2829. Training policy for Department of Defense energy managers.
Sec. 2830. Report on energy-efficiency standards and prohibition on use
of funds for Leadership in Energy and Environmental Design
gold or platinum certification.
Subtitle D--Provisions Related to Guam Realignment
Sec. 2841. Certification of medical care coverage for H-2B temporary
workforce on military construction projects on Guam.
Sec. 2842. Repeal of condition on use of specific utility conveyance
authority regarding Guam integrated water and wastewater
treatment system.
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf
Richardson, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson,
Arkansas.
Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and
Ohana Nui areas, Hawaii.
Sec. 2854. Land exchange, Fort Bliss Texas.
Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah.
Subtitle F--Other Matters
Sec. 2861. Redesignation of Industrial College of the Armed Forces as
the Dwight D. Eisenhower School for National Security and
Resource Strategy.
Sec. 2862. Redesignation of Mike O'Callaghan Federal Hospital in Nevada
as Mike O'Callaghan Federal Medical Center.
[[Page 125 STAT. 1684]]
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.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. PROHIBITION ON USE OF ANY COST-PLUS SYSTEM OF
CONTRACTING FOR MILITARY CONSTRUCTION
AND MILITARY FAMILY HOUSING PROJECTS.
(a) Prohibition.--Section 2306 of title 10, United States Code, is
amended by inserting after subsection (b) the following new subsection:
``(c) <<NOTE: Applicability.>> A contract entered into by the
United States in connection with a military construction project or a
military family housing project may not use any form of cost-plus
contracting. This prohibition is in addition to the prohibition
specified in subsection (a) on the use of the cost-plus-a-percentage-of-
cost system of contracting and applies notwithstanding a declaration of
war or the declaration by the President of a national emergency under
section 201 of the National Emergencies Act (50 U.S.C. 1621) that
includes the use of the armed forces.''.
(b) <<NOTE: 10 USC 2306 note.>> Application of Amendment.--
Subsection (c) of section 2306 of title 10, United States Code, as added
by subsection (a), shall apply with respect to any contract entered into
by the United States in connection with a military construction project
or a military family housing project after the date of the enactment of
this Act.
SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED
MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Single Threshold for Use of Operation and Maintenance Funds.--
Subsection (c) of section 2805 of title 10, United States Code, is
amended--
(1) by striking ``(1) Except as provided in paragraph (2),
the'' and inserting ``The''; and
(2) by striking ``not more than'' and all that follows
through the end of the subsection and inserting ``not more than
$750,000.''.
(b) Extension of Special Laboratory Revitalization Authority.--
Subsection (d) of such section is amended--
(1) in paragraph (3), by striking ``February 1, 2010'' and
inserting ``February 1, 2014''; and
(2) in paragraph (5), by striking ``September 30, 2012'' and
inserting ``September 30, 2016''.
(c) Conforming Amendments.--
(1) Cross references regarding working-capital funds.--
Section 2208 of such title is amended--
(A) in subsection (k)(2)(A), by striking ``section
2805(c)(1)'' and inserting ``section 2805(c)''; and
(B) in subsection (o)(2)(A), by striking ``section
2805(c)(1)'' and inserting ``section 2805(c)''.
[[Page 125 STAT. 1685]]
(2) Cross reference regarding cost and scope of work
variations.--Section 2853(a) of such title is amended by
striking ``section 2805(a)(1)'' and inserting ``section
2805(a)''.
(3) Cross reference regarding notice and wait requirements
for reserve projects.--Section 18233a(b)(2)(B)(ii) of such title
is amended by striking ``section 2805(a)(2)'' and inserting
``section 2805(a)''.
(4) Cross reference regarding using operation and
maintenance funds for small reserve projects.--Section 18233b of
such title is amended by striking ``not more than'' and all that
follows through the end of the section and inserting ``not more
than the amount specified in section 2805(c) of this title.''.
SEC. 2803. PROTECTIONS FOR SUPPLIERS OF LABOR AND MATERIALS UNDER
CONTRACTS FOR MILITARY CONSTRUCTION
PROJECTS AND MILITARY FAMILY HOUSING
PROJECTS.
Section 2852 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) <<NOTE: Applicability.>> In the case of a military
construction project or a military family housing project, the contract
amount thresholds specified in subchapter III of chapter 31 of title 40
(commonly referred to as the Miller Act) shall be applied by
substituting `$150,000' for `$100,000' for purposes of determining when
a performance bond and payment bond are required under section 3131 of
such title and when alternatives to payment bonds as payment protections
for suppliers of labor and materials are required under section 3132 of
such title.''.
SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
(a) One-year Extension of Authority.--Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B of
Public Law 108-136; 117 Stat. 1723), as most recently amended by section
2804 of the Military Construction Authorization Act for Fiscal Year 2011
(division B of Public Law 111-383; 124 Stat. 4459), is amended--
(1) in subsection (c)(2), by striking ``fiscal year 2011''
and inserting ``fiscal year 2012''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``September 30,
2011'' and inserting ``September 30, 2012''; and
(B) in paragraph (2), by striking ``fiscal year
2012'' and inserting ``fiscal year 2013''.
(b) Modification of Quarterly Reporting Requirement.--Subsection (g)
of such section is amended--
(1) by striking ``Quarterly Reports or'' in the subsection
heading;
(2) by striking ``the report for a fiscal-year quarter under
subsection (d) or''; and
(3) by striking ``report or''.
(c) <<NOTE: Renamed.>> Technical Amendments.--Subsections (a) and
(i) of such section are amended by striking ``Combined Task Force-Horn
of Africa'' each place it appears and inserting ``Combined Joint Task
Force-Horn of Africa''.
[[Page 125 STAT. 1686]]
SEC. 2805. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.
(a) Authority To Transfer Authorization of Appropriations.--
(1) Authority.--Upon a determination by the Secretary of a
military department, or with respect to the Defense Agencies,
the Secretary of Defense, that such action is necessary in the
national interest, the Secretary concerned may transfer amounts
of authorization of appropriations made available to that
military department or Defense Agency in this division for
fiscal year 2012 between any such authorization of
appropriations for that military department or Defense Agency
for that fiscal year. Amounts of authorization of appropriations
so transferred shall be merged with and be available for the
same purposes as the authorization of appropriations to which
transferred.
(2) Aggregate limit.--The aggregate amount of authorizations
that the Secretaries concerned may transfer under the authority
of this section may not exceed $400,000,000.
(b) Limitation.--The authority provided by this section to transfer
authorizations may only be used to fund increases in the cost of
military construction projects or activities authorized by this
division.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for appropriation for the account to
which the amount is transferred by an amount equal to the amount
transferred.
(d) Notice to Congress.--The Secretary concerned shall promptly
notify the congressional defense committees of each transfer made by
that Secretary under subsection (a) that exceeds the limitations on cost
variations provided in section 2853 of title 10, United States Code.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CLARIFICATION OF AUTHORITY TO USE PENTAGON RESERVATION
MAINTENANCE REVOLVING FUND FOR MINOR
CONSTRUCTION AND ALTERATION ACTIVITIES
AT PENTAGON RESERVATION.
Section 2674(e)(4) of title 10, United States Code, is amended--
(1) by striking ``The authority'' and inserting ``(A) Except
as provided in subparagraph (B), the authority''; and
(2) by adding at the end the following new subparagraph:
``(B) Notwithstanding the date specified in subparagraph (A), the
Secretary may use monies from the Fund after that date to support
construction or alteration activities at the Pentagon Reservation within
the limits specified in section 2805 of this title.''.
SEC. 2812. REPORTING REQUIREMENTS RELATED TO THE GRANTING OF
EASEMENTS.
Section 2662 of title 10, United States Code, is amended--
(1) in subsection (a)(1)(C), by striking ``lease or
license'' and inserting ``lease, license, or easement''; and
(2) in subsection (b)--
[[Page 125 STAT. 1687]]
(A) in paragraph (1), by striking ``lease or
license'' and inserting ``lease, license, or easement'';
(B) in paragraph (2)(A), by striking ``lease or
license'' and inserting ``lease, license, or easement'';
and
(C) in paragraph (3)--
(i) in subparagraph (C), by striking ``lease
or license'' and inserting ``lease, license, or
easement''; and
(ii) in subparagraph (D), by striking ``lease
or license'' and inserting ``lease, license, or
easement''.
SEC. 2813. LIMITATIONS ON USE OR DEVELOPMENT OF PROPERTY IN CLEAR
ZONE AREAS AND CLARIFICATION OF
AUTHORITY TO LIMIT ENCROACHMENTS.
Section 2684a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period and
inserting ``; or''; and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) protecting Clear Zone Areas from use or encroachment
that is incompatible with the mission of the installation.'';
(2) by amending subsection (c) to read as follows:
``(c) Inapplicability of Certain Contract Requirements.--
Notwithstanding chapter 63 of title 31, an agreement under this section
that is a cooperative agreement or a grant may be used to acquire
property or services for the direct benefit or use of the United States
Government.'';
(3) in subsection (d)--
(A) in paragraph (3)--
(i) by inserting ``, and the monitoring and
enforcement of any right, title, or interest in,''
after ``resources on'';
(ii) by inserting ``and monitoring and
enforcement'' after ``natural resource
management''; and
(iii) by adding at the end the following:
``Any such payment by the United States--
``(A) may be paid in a lump sum and include an amount
intended to cover the future costs of natural resource
management and monitoring and enforcement; and
``(B) may be placed by the eligible entity in an interest-
bearing account, and any interest shall be applied for the same
purposes as the principal.''; and
(B) in paragraph (5)--
(i) inserting ``(A)'' after ``(5)'';
(ii) by inserting after the first sentence the
following: ``No such requirement need be included
in the agreement if the property or interest is
being transferred to a State, or the agreement
requires it to be subsequently transferred to a
State, and the Secretary concerned determines that
the laws and regulations applicable to the future
use of such property or interest provide adequate
assurance that the property concerned will be
developed and used in a manner appropriate for
purposes of this section.''; and
[[Page 125 STAT. 1688]]
(iii) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Memorandum.>> Notwithstanding subparagraph (A), if
all or a portion of the property or interest acquired under the
agreement is subsequently transferred to the United States and
administrative jurisdiction over the property is under a Federal
official other than a Secretary concerned, the Secretary concerned and
that Federal official shall enter into a memorandum of agreement
providing, to the satisfaction of the Secretary concerned, for the
management of the property or interest concerned in a manner appropriate
for purposes of this section. Such memorandum of agreement shall also
provide that, should it be proposed that the property or interest
concerned be developed or used in a manner not appropriate for purposes
of this section, including declaring the property to be excess to the
agency's needs or proposing to exchange the property for other property,
the Secretary concerned may request that administrative jurisdiction
over the property be transferred to the Secretary concerned at no cost,
and, upon such a request being made, the administrative jurisdiction
over the property shall be transferred accordingly.''; and
(4) in subsection (i), by inserting after paragraph (2) the
following new paragraph:
``(3) <<NOTE: Definition.>> The term `Clear Zone Area'
means an area immediately beyond the end of the runway of an
airfield that is needed to ensure the safe and unrestricted
passage of aircraft in and over the area.''.
SEC. 2814. DEPARTMENT OF DEFENSE CONSERVATION AND CULTURAL
ACTIVITIES.
Section 2694(b)(2) of title 10, United States Code, is amended--
(1) in subparagraph (B), by inserting ``and sustainability''
after ``safety''; and
(2) by adding at the end the following new subparagraph:
``(F) The implementation of ecosystem-wide land management
plans--
``(i) for a single ecosystem that encompasses at
least two non-contiguous military installations, if
those military installations are not all under the
administrative jurisdiction of the same Secretary of a
military department; and
``(ii) providing synergistic benefits unavailable if
the installations acted separately.''.
SEC. 2815. EXCHANGE OF PROPERTY AT MILITARY INSTALLATIONS.
(a) Exchange Authority.--Section 2869 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``Conveyance of
property at military installations to limit encroachment'' and
inserting ``Exchange of property at military installations'';
and
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Conveyance Authorized; Consideration'' and inserting
``Exchange Authorized''; and
(B) in paragraph (1), by striking ``to any person
who agrees, in exchange for the real property, to carry
out a land acquisition'' and inserting ``to any eligible
entity who agrees, in exchange for the real property, to
transfer to the United States all right, title, and
interest of the
[[Page 125 STAT. 1689]]
entity in and to a parcel of real property, including
any improvements thereon under their control, or to
carry out a land acquisition''.
(b) Extension of Authority.--Such section is further amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended by striking the item relating to
section 2869 and inserting the following new item:
``2869. Exchange of property at military installations.''.
SEC. 2816. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS
TRANSPORTATION INFRASTRUCTURE IN
VICINITY OF MILITARY INSTALLATIONS.
(a) Availability of Defense Access Roads Funds for BRAC-related
Transportation Improvements.--Section <<NOTE: Determination.>>
210(a)(2) of title 23, United States Code, is amended by adding at the
end the following new sentence: ``The Secretary of Defense shall
determine the magnitude of the required improvements without regard to
the extent to which traffic generated by the reservation is greater than
other traffic in the vicinity of the reservation.''.
(b) <<NOTE: 23 USC 210 note.>> Economic Adjustment Committee
Consideration of Additional Defense Access Roads Funding Sources.--
(1) Convening of committee.--Not <<NOTE: Deadline.>> later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense, as the chairperson of the Economic
Adjustment Committee established in Executive Order No. 127887
(10 U.S.C. 2391 note), shall convene the Economic Adjustment
Committee to consider additional sources of funding for the
defense access roads program under section 210 of title 23,
United States Code.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report describing the results of the Economic
Adjustment Committee deliberations and containing an
implementation plan to expand funding sources for the mitigation
of significant transportation impacts to access to military
reservations pursuant to subsection (b) of section 210 of title
23, United States Code, as amended by subsection (a).
(c) <<NOTE: 23 USC 210 note.>> Separate Budget Request for
Program.--Amounts requested for a fiscal year for the defense access
roads program under section 210 of title 23, United States Code, shall
be set forth as a separate budget request in the budget transmitted by
the President to Congress for that fiscal year under section 1105 of
title 31, United States.
Subtitle C--Energy Security
SEC. 2821. CONSOLIDATION OF DEFINITIONS USED IN ENERGY SECURITY
CHAPTER.
(a) Consolidation of Definitions.--
(1) In general.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by inserting before section 2925
the following new section:
[[Page 125 STAT. 1690]]
``Sec. 2924. Definitions
``In this chapter:
``(1) The term `defined fuel source' means any of the
following:
``(A) Petroleum.
``(B) Natural gas.
``(C) Coal.
``(D) Coke.
``(2) The term `energy-efficient maintenance' includes--
``(A) the repair of military vehicles, equipment, or
facility and infrastructure systems, such as lighting,
heating, or cooling equipment or systems, or industrial
processes, by replacement with technology that--
``(i) will achieve energy savings over the
life-cycle of the equipment or system being
repaired; and
``(ii) will meet the same end needs as the
equipment or system being repaired; and
``(B) improvements in an operation or maintenance
process, such as improved training or improved controls,
that result in energy savings.
``(3)(A) The term `energy security' means having assured
access to reliable supplies of energy and the ability to protect
and deliver sufficient energy to meet mission essential
requirements.
``(B) In selecting facility energy projects that will use
renewable energy sources, pursuit of energy security means the
installation will give favorable consideration to projects that
provide power directly to a military facility or into the
installation electrical distribution network. In such cases,
projects should be prioritized to provide power for assets
critical to mission essential requirements on the installation
in the event of a disruption in the commercial grid.
``(4) The term `hybrid', with respect to a motor vehicle,
means a motor vehicle that draws propulsion energy from onboard
sources of stored energy that are both--
``(A) an internal combustion or heat engine using
combustible fuel; and
``(B) a rechargeable energy storage system.
``(5) The term `operational energy' means the energy
required for training, moving, and sustaining military forces
and weapons platforms for military operations. The term includes
energy used by tactical power systems and generators and weapons
platforms.
``(6) The term `petroleum' means natural or synthetic crude,
blends of natural or synthetic crude, and products refined or
derived from natural or synthetic crude or from such blends.
``(7) The term `renewable energy source' means energy
generated from renewable sources, including the following:
``(A) Solar, including electricity.
``(B) Wind.
``(C) Biomass.
``(D) Landfill gas.
``(E) Ocean, including tidal, wave, current, and
thermal.
``(F) Geothermal, including electricity and heat
pumps.
``(G) Municipal solid waste.
``(H) New hydroelectric generation capacity achieved
from increased efficiency or additions of new capacity
at
[[Page 125 STAT. 1691]]
an existing hydroelectric project. For purposes of this
subparagraph, hydroelectric generation capacity is `new'
if it was placed in service on or after January 1, 1999.
``(I) Thermal energy generated by any of the
preceding sources.''.
(2) Clerical amendments.--Such chapter is further amended--
(A) in the table of subchapters at the beginning of
such chapter, by striking ``2925'' and inserting
``2924''; and
(B) in the table of sections at the beginning of
subchapter III of such chapter, by inserting before the
item relating to section 2925 the following new item:
``2924. Definitions.''.
(b) Conforming Amendments Striking Separate Definitions.--Such
chapter is further amended--
(1) in section 2911--
(A) in subsection (d)--
(i) by striking ``(1)'' before ``For the
purpose'';
(ii) by striking paragraph (2); and
(iii) by redesignating subparagraphs (A), (B),
(C), and (D) as paragraphs (1), (2), (3), and (4),
respectively; and
(B) in subsection (e), by striking paragraph (2);
(2) in section 2922e, by striking subsections (e) and (f);
(3) in section 2922g, by striking subsection (d); and
(4) in section 2925(b), by striking paragraph (4).
SEC. 2822. CONSIDERATION OF ENERGY SECURITY IN DEVELOPING ENERGY
PROJECTS ON MILITARY INSTALLATIONS USING
RENEWABLE ENERGY SOURCES.
(a) <<NOTE: 10 USC 2911 note.>> Policy of Pursuing Energy
Security.--
(1) <<NOTE: Deadline.>> Policy required.--Not later than
180 days after the date of enactment of this Act, the Secretary
of Defense shall establish a policy for military installations
that includes the following:
(A) Favorable consideration for energy security in
the design and development of energy projects on the
military installation that will use renewable energy
sources.
(B) Guidance for commanders of military
installations inside the United States on planning
measures to minimize the effects of a disruption of
services by a utility that sells natural gas, water, or
electric energy to those installations in the event that
a disruption occurs.
(2) <<NOTE: Deadline.>> Notification.--The Secretary of
Defense shall provide notification to the congressional defense
committees within 30 days after entering into any agreement for
a facility energy project described in paragraph (1)(A) that
excludes pursuit of energy security on the grounds that
inclusion of energy security is
cost <<NOTE: Analysis.>> prohibitive. The Secretary shall also
provide a cost-benefit-analysis of the decision.
(3) Energy security defined.--In this subsection, the term
``energy security'' has the meaning given that term in paragraph
(3) of section 2924 of title 10, United States Code, as added by
section 2821(a).
(b) Additional Consideration for Developing and Implementing Energy
Performance Goals and Energy Performance
[[Page 125 STAT. 1692]]
Master Plan.--Section 2911(c) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(12) Opportunities for improving energy security for
facility energy projects that will use renewable energy
sources.''.
(c) Development of Geothermal Energy on Military Lands.--Section
2917 of such title is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Development Authorized.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Consideration of Energy Security.--The development of a
geothermal energy project under subsection (a) should include
consideration of energy security in the design and development of the
project.''.
(d) Reporting Requirement.--Section 2925(a) of such title is
amended--
(1) in paragraph (3), by inserting ``whether the project
incorporates energy security into its design,'' after ``through
the duration of each such mechanism,'';
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) Details of utility outages at military installations
including the total number and locations of outages, the
financial impact of the outage, and measures taken to mitigate
outages in the future at the affected location and across the
Department of Defense.''.
SEC. 2823. ESTABLISHMENT OF INTERIM OBJECTIVE FOR DEPARTMENT OF
DEFENSE 2025 RENEWABLE ENERGY GOAL.
(a) Interim Objective.--Section 2911(e) of title 10, United States
Code, as amended by section 2821(b)(1)(B), is further amended by
inserting after paragraph (1) the following new paragraph:
``(2) To help ensure that the goal specified in paragraph (1)(A)
regarding the use of renewable energy by the Department of Defense is
achieved, the Secretary of Defense shall establish an interim goal for
fiscal year 2018 for the production or procurement of facility energy
from renewable energy sources.''.
(b) <<NOTE: 10 USC 2911 note.>> Deadline; Congressional
Notification.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall notify the congressional
defense committees of the interim renewable energy goal established
pursuant to the amendment made by subsection (a).
SEC. 2824. USE OF CENTRALIZED PURCHASING AGENTS FOR RENEWABLE
ENERGY CERTIFICATES TO REDUCE COST OF
FACILITY ENERGY PROJECTS USING RENEWABLE
ENERGY SOURCES AND IMPROVE EFFICIENCIES.
(a) Purchase and Use of Renewable Energy Certificates.--Section
2911(e) of title 10, United States Code, as amended by sections
2821(b)(1)(B) and 2823(a), is further amended by adding at the end the
following new paragraph:
``(3)(A) <<NOTE: Policy.>> The Secretary of Defense shall establish
a policy to maximize savings for the bulk purchase of replacement
renewable energy certificates in connection with the development of
facility energy projects using renewable energy sources.
[[Page 125 STAT. 1693]]
``(B) Under the policy required by subparagraph (A), the Secretary
of a military department shall submit requests for the purchase of
replacement renewable energy certificates to a centralized purchasing
authority maintained by such department or the Defense Logistics Agency
with expertise regarding--
``(i) the market for renewable energy certificates;
``(ii) the procurement of renewable energy certificates; and
``(iii) obtaining the best value for the military department
by maximizing the purchase of renewable energy certificates from
projects placed into service before January 1, 1999.
``(C) The centralized purchasing authority shall solicit industry
for the most competitive offer for replacement renewable energy
certificates, to include a combination of renewable energy certificates
from new projects and projects placed into service before January 1,
1999.
``(D) Subparagraph (B) does not prohibit the Secretary of a military
department from entering into an agreement outside of the centralized
purchasing authority if the Secretary will obtain the best value by
bundling the renewable energy certificates with the facility energy
project through a power purchase agreement or other contractual
mechanism at the installation.
``(E) Nothing in this paragraph shall be construed to authorize the
purchase of renewable energy certificates to meet Federal goals or
mandates in the absence of the development of a facility energy project
using renewable energy sources.
``(F) <<NOTE: Applicability.>> This policy does not make the
purchase of renewable energy certificates mandatory, but the policy
shall apply whenever original renewable energy certificates are proposed
to be swapped for replacement renewable energy certificates.''.
(b) Reporting Requirements.--Section 2925(a) of title 10, United
States Code, as amended by section 2822(d), is further amended--
(1) by redesignating paragraphs (4) through (11) as
paragraphs (5) through (12), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) In addition to the information contained in the table
listing energy projects financed through third party financing
mechanisms, as required by paragraph (3), the table also shall
list any renewable energy certificates associated with each
project, including information regarding whether the renewable
energy certificates were bundled or unbundled, the purchasing
authority for the renewable energy certificates, and the price
of the associated renewable energy certificates.''.
SEC. 2825. IDENTIFICATION OF ENERGY-EFFICIENT PRODUCTS FOR USE IN
CONSTRUCTION, REPAIR, OR RENOVATION OF
DEPARTMENT OF DEFENSE FACILITIES.
(a) Responsibility of Secretary of Defense.--Section 2915(e) of
title 10, United States Code, is amended by striking paragraph (2) and
inserting the following new paragraph:
``(2)(A) <<NOTE: Definition. List.>> The Secretary of Defense shall
prescribe a definition of the term `energy-efficient product' for
purposes of this subsection and establish and maintain a list of
products satisfying the definition. The definition and list shall be
developed in consultation with the Secretary of Energy to ensure, to the
maximum extent
[[Page 125 STAT. 1694]]
practicable, consistency with definitions of the term used by other
Federal agencies.
``(B) The Secretary shall modify the definition and list of energy-
efficient products as necessary to account for emerging or changing
technologies.
``(C) The list of energy-efficient products shall be included as
part of the energy performance master plan developed pursuant to section
2911(b)(2) of this title.''.
(b) Conforming Amendment to Energy Performance Master Plan.--Section
2911(b)(2) of such title is amended by adding at the end the following
new subparagraph:
``(F) The up-to date list of energy-efficient products
maintained under section 2915(e)(2) of this title.''.
SEC. 2826. SUBMISSION OF ANNUAL DEPARTMENT OF DEFENSE ENERGY
MANAGEMENT REPORTS.
Section 2925(a) of title 10, United States Code, is amended by
striking ``As part of the annual submission of the energy performance
goals for the Department of Defense under section 2911 of this title,
the Secretary of Defense shall submit a report containing the
following:'' and inserting ``Not later than 120 days after the end of
each fiscal year, the Secretary of Defense shall submit to the
congressional defense committees an installation energy report detailing
the fulfillment during that fiscal year of the energy performance goals
for the Department of Defense under section 2911 of this title. Each
report shall contain the following:''.
SEC. 2827. <<NOTE: 10 USC 2911 note.>> REQUIREMENT FOR DEPARTMENT
OF DEFENSE TO CAPTURE AND TRACK DATA
GENERATED IN METERING DEPARTMENT
FACILITIES.
The Secretary of Defense shall require that the information
generated by the installation energy meters be captured and tracked to
determine baseline energy consumption and facilitate efforts to reduce
energy consumption.
SEC. 2828. <<NOTE: 10 USC 7291 note.>> METERING OF NAVY PIERS TO
ACCURATELY MEASURE ENERGY CONSUMPTION.
(a) Metering Required.--The Secretary of the Navy shall meter Navy
piers so that the energy consumption of naval vessels while in port can
be accurately measured and captured and steps taken to improve the
efficient use of energy by naval vessels while in port.
(b) Progress Reports.--In each of the Department of Defense energy
management reports submitted to Congress during fiscal years 2012
through 2017 under section 2925(a) of title 10, United States Code, the
Secretary of the Navy shall include information on the progress being
made to implement the metering of Navy piers, including information on
any reductions in energy consumption achieved through the use of such
metering.
SEC. 2829. <<NOTE: Deadlines. 10 USC 2911 note.>> TRAINING POLICY
FOR DEPARTMENT OF DEFENSE ENERGY
MANAGERS.
(a) Establishment of Training Policy.--The Secretary of Defense
shall establish a training policy for Department of Defense energy
managers designated for military installations in order to--
(1) improve the knowledge, skills, and abilities of energy
managers by ensuring understanding of existing energy laws,
regulations, mandates, contracting options, local renewable
[[Page 125 STAT. 1695]]
portfolio standards, current renewable energy technology
options, energy auditing, and options to reduce energy
consumption;
(2) improve consistency among energy managers throughout the
Department in the performance of their responsibilities;
(3) create opportunities and forums for energy managers to
exchange ideas and lessons learned within each military
department, as well as across the Department of Defense; and
(4) collaborate with the Department of Energy regarding
energy manager training.
(b) Issuance of Policy.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall issue the
training policy for Department of Defense energy managers. In creating
the policy, the Secretary shall consider the best practices and
certifications available in either the military services or in the
private sector.
(c) Briefing Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, or designated
representatives of the Secretary, shall brief the Committees on Armed
Services of the Senate and House of Representatives regarding the
details of the energy manager policy.
SEC. 2830. REPORT ON ENERGY-EFFICIENCY STANDARDS AND PROHIBITION
ON USE OF FUNDS FOR LEADERSHIP IN ENERGY
AND ENVIRONMENTAL DESIGN GOLD OR
PLATINUM CERTIFICATION.
(a) Report Required.--
(1) In general.--Not later than June 30, 2012, the Secretary
of Defense shall submit to the congressional defense committees
a report on the energy-efficiency and sustainability standards
utilized by the Department of Defense for military construction
and repair.
(2) Contents of report.--The report shall include a cost-
benefit analysis, return on investment, and long-term payback
for the following design standards:
(A) American Society of Heating, Refrigerating and
Air-Conditioning Engineers (ASHRAE) building standard
189.1-2011.
(B) ASHRAE building standard 90.1-2010.
(C) Leadership in Energy and Environmental Design
(LEED) silver, gold, and platinum certification, as well
as the LEED volume certification.
(D) Other American National Standards Institute
accredited standards.
(3) Additional contents of report.--The report shall also
include a copy of Department of Defense policy prescribing a
comprehensive strategy for the pursuit of design and building
standards across the Department that include specific energy-
efficient standards and sustainable design attributes for
military construction based on the cost-benefit analysis, return
on investment, and demonstrated payback required by
subparagraphs (A), (B), (C), and (D) of paragraph (2).
(b) Prohibition on Use of Funds for LEED Gold or Platinum
Certification.--
(1) Prohibition.--No funds authorized to be appropriated by
this Act or otherwise made available for the Department
[[Page 125 STAT. 1696]]
of Defense for fiscal year 2012 may be obligated or expended for
achieving any LEED gold or platinum certification.
(2) Waiver and notification.--The <<NOTE: Deadline.>>
Secretary of Defense may waive the limitation in paragraph (1)
if the Secretary submits a notification to the congressional
defense committees at least 30 days before the obligation of
funds toward achieving the LEED gold or platinum certification.
(3) Contents of notification.--A notification shall include
the following:
(A) A cost-benefit analysis of the decision to
obligate funds toward achieving the LEED gold or
platinum certification.
(B) Demonstrated payback for the energy improvements
or sustainable design features.
(4) Exception.--LEED gold and platinum certifications shall
be permitted, and not require a waiver and notification under
this subsection, if achieving such certification imposes no
additional cost to the Department of Defense.
Subtitle D--Provisions Related to Guam Realignment
SEC. 2841. <<NOTE: 10 USC 2687 note.>> CERTIFICATION OF MEDICAL
CARE COVERAGE FOR H-2B TEMPORARY
WORKFORCE ON MILITARY CONSTRUCTION
PROJECTS ON GUAM.
(a) Management of Workforce Health Care.--Subject to subsection (b),
the Secretary of the Navy may not award any additional Navy or Marine
Corps construction project or associated task order on Guam associated
with the Record of Decision for the Guam and CNMI Military Relocation
dated September 2010 if the aggregate of the number of employees holding
a visa described in section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b); known as ``H-2B
workers'') to support such relocation exceeds 2,000 until the Secretary
of the Navy certifies to the congressional defense committees that a
system of health care for the H-2B workers is available.
(b) System of Health Care.--The health care system required to be
certified in subsection (a) shall--
(1) include a comprehensive medical plan for the H-2B
workers;
(2) include comprehensive planning and coordination with
contractor-provided healthcare services and with Guam's civilian
and military healthcare community; and
(3) access local healthcare assets to help meet the health
care needs of the H-2B workers.
(c) Elements of Medical Plan.--The comprehensive medical plan
referred to in subsection (b)(1) shall--
(1) address significant health issues, injury, or series of
injuries in addition to basic first responder medical services
for H-2B workers;
(2) provide pre-deployment health screening at the country
of origin of H-2B workers, ensuring--
(A) all major or chronic disease conditions of
concern are identified;
(B) proper immunizations are administered;
[[Page 125 STAT. 1697]]
(C) screening for tuberculosis and communicable
diseases are conducted; and
(D) all H-2B workers are fit and healthy for work
prior to deployment;
(3) provide that an arrival health screening process is
developed to ensure the H-2B workers are fit to work and that
the risk of spreading communicable diseases to the resident
population is minimized; and
(4) provide comprehensive on-site medical services,
including emergency medical care for the H-2B workers, primary
health care to include care for chronic diseases, preventive
services and acute care delivery, and accessible prescription
services maintaining oversight, authorization access, and
delivery of prescription medications to the workforce.
(d) Savings Clause.--Nothing in this section shall be construed as
requiring the Secretary of the Navy to establish a United States
Government-sponsored or funded health care system required to be
certified in subsection (a) or to be responsible in any way for the
administration of a health care system or plan or the provision of
health care services for the H-2B workers identified in subsection (a).
SEC. 2842. REPEAL OF CONDITION ON USE OF SPECIFIC UTILITY
CONVEYANCE AUTHORITY REGARDING GUAM
INTEGRATED WATER AND WASTEWATER
TREATMENT SYSTEM.
Section 2822 of the Military Construction Authorization Act for
Fiscal Year 2011 (division B of Public Law 111-383; 124 Stat. 4465) is
amended by striking subsection (c).
Subtitle E--Land Conveyances
SEC. 2851. LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF
RICHARDSON, ALASKA.
(a) Conveyances Authorized.--
(1) Municipality of anchorage.--The Secretary of the Air
Force may, in consultation with the Secretary of the Interior,
convey to the Municipality of Anchorage (in this section
referred to as the ``Municipality'') all right, title, and
interest of the United States in and to all or any part of a
parcel of real property, including any improvements thereon,
consisting of approximately 220 acres at JBER situated to the
west of and adjacent to the Anchorage Regional Landfill in
Anchorage, Alaska, for solid waste management purposes,
including reclamation thereof, and for alternative energy
production, and other related activities. This authority may not
be exercised unless and until the March 15, 1982, North
Anchorage Land Agreement is amended by the parties thereto to
specifically permit the conveyance under this paragraph.
(2) Eklutna, inc..--The Secretary of the Air Force may, in
consultation with the Secretary of the Interior, upon terms
mutually agreeable to the Secretary of the Air Force and
Eklutna, Inc., an Alaska Native village corporation organized
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) (in this section referred to as ``Eklutna''),
convey to Eklutna all right, title, and interest of the United
States
[[Page 125 STAT. 1698]]
in and to all or any part of a parcel of real property,
including any improvements thereon, consisting of approximately
130 acres situated on the northeast corner of the Glenn Highway
and Boniface Parkway in Anchorage, Alaska, or such other
property as may be identified in consultation with the Secretary
of the Interior, for any use compatible with JBER's current and
reasonably foreseeable mission as determined by the Secretary of
the Air Force.
(3) Right to withhold transfer.--The Secretary may withhold
transfer of any portion of the real property described in
paragraphs (1) and (2) based on public interest or military
mission requirements.
(b) Consideration.--
(1) Municipality property.--As consideration for the
conveyance under subsection (a)(1), the Secretary of the Air
Force shall receive in-kind solid waste management services at
the Anchorage Regional Landfill or such other consideration as
determined satisfactory by the Secretary equal to at least fair
market value of the property conveyed.
(2) Eklutna property.--As consideration for the conveyance
under subsection (a)(2), the Secretary of the Air Force is
authorized to receive, upon terms mutually agreeable to the
Secretary and Eklutna, such interests in the surface estate of
real property owned by Eklutna and situated at the northeast
boundary of JBER and other consideration as considered
satisfactory by the Secretary equal to at least fair market
value of the property conveyed.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Municipality and Eklutna to reimburse the Secretary
to cover costs (except costs for environmental remediation of
the property) to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyances under subsection (a), including survey costs,
costs for environmental documentation, and any other
administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Treatment of Cash Consideration Received.--Any cash payment
received by the United States as consideration for the conveyances under
subsection (a) shall be deposited in the special account in the Treasury
established under subsection (b) of section 572 of title 40, United
States Code, and shall be available in accordance with paragraph (5)(B)
of such subsection.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by surveys satisfactory to the Secretary.
(f) Other or Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with the
conveyances under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
[[Page 125 STAT. 1699]]
SEC. 2852. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T.
ROBINSON, ARKANSAS.
Section 2852 of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2685) is
amended by striking ``to be acquired by the United States of America''
and inserting ``to be acquired by the Military Department of Arkansas''.
SEC. 2853. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, CAMP
CAITLIN AND OHANA NUI AREAS, HAWAII.
Section 2856(a) of the Military Construction Authorization Act for
Fiscal Year 2010 (division B of Public Law 111-84; 123 Stat. 2689) is
amended by inserting before the period at the end the following: ``,
before the property or portion thereof is made available for transfer
pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law
104-42; 109 Stat. 357), for use by any other Federal agency, or for
disposal under applicable laws''.
SEC. 2854. LAND EXCHANGE, FORT BLISS TEXAS.
(a) Conveyance Authorized.--In exchange for the receipt of the real
property described in subsection (b), the Secretary of the Army may
convey to the Texas General Land Office (in this section referred to as
the ``TGLO'') all right, title, and interest of the United States in and
to a parcel of undeveloped real property consisting of approximately 694
acres at Fort Bliss, Texas, for the purpose of facilitating commercial
development of the parcel.
(b) Consideration.--As consideration for the conveyance under
subsection (a), TGLO shall convey to the Secretary of the Army all
right, title, and interest of TGLO in and to a parcel of real property,
including any improvements thereon, consisting of approximately 2,880
acres adjacent to Fort Bliss training areas to facilitate tactical
vehicle ingress and egress between the installation and the training
areas and mitigate encroachment issues. If the fair market value of the
real property to be acquired by the Secretary is less than the fair
market value of the real property to be conveyed under subsection (a),
the Secretary may require a cash equalization payment in an amount equal
to the difference in value.
(c) Payment of Costs of Conveyances.--
(1) Payment required.--The Secretary of the Army shall
require TGLO to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the Secretary,
to carry out the land exchange under this section, including
survey costs, costs related to environmental documentation, and
other administrative costs related to the conveyance. If amounts
are collected from TGLO in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the land
exchange, the Secretary shall refund the excess amount to TGLO.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the land exchange. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and
[[Page 125 STAT. 1700]]
subject to the same conditions and limitations, as amounts in
such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be exchanged under this section
shall be determined by a survey satisfactory to the Secretary of the
Army.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the land
exchange under this section as the Secretary considers appropriate to
protect the interests of the United States.
SEC. 2855. LAND CONVEYANCE, FORMER DEFENSE DEPOT OGDEN, UTAH.
(a) Conveyance of Residual Interests.--To facilitate the conveyance
of a parcel of real property consisting of approximately 2.73 acres at
the former Defense Depot Ogden, Utah (in this subsection referred to as
the ``Property''), from the Weber Basin Disabled Corporation to the
Ogden City Redevelopment Authority (in this section referred to as the
``Redevelopment Authority''), the Secretary of the Army may accept a
request to revert the Property from the Secretary of Health and Human
Services. The Secretary of the Army may further convey, by quit claim
deed, all residual right, title, and interest of the United States
(including reversionary interests) in and to the Property for the
purpose of permitting the Redevelopment Authority to take immediate
steps to prevent the further deterioration of the building on the parcel
and subsequently redevelop the parcel.
(b) Consideration.--As consideration for the conveyance of residual
United States interests in the property described in subsection (a), the
Redevelopment Authority shall pay an amount equal to the fair market
value of the conveyed interests, as determined by the Secretary of the
Army. Amounts received under this subsection shall be deposited in the
Department of Defense Base Closure Account 2005. The amounts deposited
shall be merged with other amounts in such fund and be available for the
same purposes, and subject to the same conditions and limitations, as
amounts in such fund.
(c) Payment or Costs of Conveyance.--
(1) In general.--The Secretary of the Army shall require the
Redevelopment Authority to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the conveyance under subsection (a),
including costs related to environmental documentation and other
administrative costs. If amounts are collected from the
Redevelopment Authority in advance of the Secretary of the Army
incurring the actual costs, and the amount collected exceeds the
costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to the
Redevelopment Authority.
(2) Treatment of amounts received.--Amounts received as
reimbursements under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred in carrying
out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
[[Page 125 STAT. 1701]]
(d) <<NOTE: Survey.>> Description of Property.--The exact acreage
and legal description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Army.
(e) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
Subtitle F--Other Matters
SEC. 2861. <<NOTE: 10 USC 2165 note.>> REDESIGNATION OF INDUSTRIAL
COLLEGE OF THE ARMED FORCES AS THE
DWIGHT D. EISENHOWER SCHOOL FOR NATIONAL
SECURITY AND RESOURCE STRATEGY.
(a) Redesignation.--The Industrial College of the Armed Forces is
hereby renamed the ``Dwight D. Eisenhower School for National Security
and Resource Strategy''.
(b) Conforming Amendment.--Paragraph (2) of section 2165(b) of title
10, United States Code, is amended to read as follows:
``(2) The Dwight D. Eisenhower School for National Security
and Resource Strategy.''.
(c) <<NOTE: 10 USC 663.>> References.--Any reference to the
Industrial College of the Armed Forces in any law, regulation, map,
document, record, or other paper of the United States shall be deemed to
be a reference to the Dwight D. Eisenhower School for National Security
and Resource Strategy.
SEC. 2862. REDESIGNATION OF MIKE O'CALLAGHAN FEDERAL HOSPITAL IN
NEVADA AS MIKE O'CALLAGHAN FEDERAL
MEDICAL CENTER.
(a) Redesignation.--Section 2867 of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2806), as amended by section 8135(a) of the Department of
Defense Appropriations Act, 1997 (section 101(b) of division A of the
Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208; 110
Stat. 3009-118)), is further amended by striking ``Mike O'Callaghan
Federal Hospital'' each place it appears and inserting ``Mike
O'Callaghan Federal Medical Center''.
SEC. 2863. PROHIBITION ON NAMING DEPARTMENT OF DEFENSE REAL
PROPERTY AFTER A MEMBER OF CONGRESS.
(a) Prohibition.--Section 2661 of title 10, United States Code, is
amended by inserting after subsection (b) the following new subsection:
``(c) Prohibition on Naming Department of Defense Real Property
After Member of Congress.--(1) Real property under the jurisdiction of
the Secretary of Defense or the Secretary of a military department may
not be named after, or otherwise officially identified by the name of,
any individual who is a Member of Congress at the time the property is
so named or identified.
``(2) In this subsection:
``(A) The term `Member of Congress' includes a Delegate or
Resident Commissioner to the Congress.
``(B) The term `real property' includes structures,
buildings, or other infrastructure of a military installation,
roadways and defense access roads, and any other area on the
grounds of a military installation.''.
[[Page 125 STAT. 1702]]
(b) Application of Amendment.--The prohibition in subsection (c) of
section 2661 of title 10, United States Code, as added by subsection
(a), shall apply only with respect to real property of the Department of
Defense named after the date of the enactment of this Act.
SEC. 2864. NOTIFICATIONS OF REDUCTIONS IN NUMBER OF MEMBERS OF THE
ARMED FORCES ASSIGNED TO PERMANENT DUTY
AT A MILITARY INSTALLATION.
(a) Notice and Wait Limitation.--Chapter 50 of title 10, United
States Code, is amended by inserting after section 992 the following new
section:
``Sec. 993. Notification of permanent reduction of sizable numbers
of members of the armed forces
``(a) <<NOTE: Plans.>> Notification.--The Secretary of Defense or
the Secretary of the military department concerned shall notify Congress
under subsection (b) of a plan to reduce more than 1,000 members of the
armed forces assigned at a military installation.
``(b) <<NOTE: Submission. Evaluation. Time period.>> Notice
Requirements.--No irrevocable action may be taken to effect or implement
a reduction described under subsection (a) until--
``(1) the Secretary of Defense or the Secretary of the
military department concerned notifies the Committees on Armed
Services of the Senate and the House of Representatives of the
proposed reduction and the number of personnel assignments
affected;
``(2) submits a justification for the reduction and an
evaluation of the local strategic and operational impact of such
reduction; and
``(3) a period of 21 days has expired following submission
of the notice and evaluation required under this subsection, or
if sooner, a period of 14 days has expired following the date on
which an electronic version of the notice and justification has
been submitted to such committees.
``(c) Exceptions.--
``(1) Base closure process.--Subsections (a) and (b) do not
apply in the case of the realignment of a military installation
pursuant to a base closure law.
``(2) <<NOTE: President. Certification.>> National security
or emergency.--Subsections (a) and (b) do not apply if the
President certifies to Congress that the reduction in military
personnel at a military installation must be implemented for
reasons of national security or a military emergency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``993. Notification of permanent reduction of sizable numbers of members
of the armed forces.''.
SEC. 2865. INVESTMENT PLAN FOR THE MODERNIZATION OF PUBLIC
SHIPYARDS UNDER JURISDICTION OF
DEPARTMENT OF THE NAVY.
(a) <<NOTE: Deadline.>> Plan Required.--Not later than September 1,
2012, the Secretary of the Navy shall submit to the congressional
defense committees a plan to address the facilities and infrastructure
[[Page 125 STAT. 1703]]
requirements at each public shipyard under the jurisdiction of the
Department of the Navy.
(b) Content.--The report required under subsection (a) shall include
the following elements:
(1) A description of the operations and support required at
each public shipyard under the control of the Secretary,
including the location, year constructed, the classes of ships
serviced, number of personnel assigned, and the average age of
facilities at each location.
(2) A review of all workload requirements in the past 5
years, an assessment of the efficiency in the use of existing
facilities to meet the workload, and an estimate of the workload
planned for each public shipyard through the current future-
years defense program under section 221 of title 10, United
States Code.
(3) An assessment of the adequacy of each facility--
(A) to carry out efficient depot-level ship
maintenance with modern technology and equipment;
(B) to ensure workplace safety;
(C) to support nuclear-related activities (where
applicable);
(D) to maintain the quality of life of the
workforce; and
(E) to meet the energy savings goals of the
Secretary of the Navy for military installations.
(4) An assessment of the existing condition of each facility
at each public shipyard to include a review of existing and
projected deficiencies or inadequate conditions at each
facility, and whether any of the facilities listed are temporary
structures.
(5) A description and cost estimate for each project to
improve, repair, renovate, or modernize facilities or
infrastructure.
(6) A description of the facility improvements or new
construction projects at each public shipyard that would improve
the efficiency of the facility's operations or generate energy
savings based upon a business case analysis.
(7) An investment strategy planned for each public shipyard
to correct deficiencies identified in paragraph (4), including
timelines to complete each project and cost estimates and
timelines necessary to complete the projects identified in
paragraph (6).
(8) A list of projects, costs, and timelines through the
future-years defense program to meet the requirements of the
minimum capital investment percentage required under section
2476 of title 10, United States Code.
SEC. 2866. <<NOTE: Time periods.>> REPORT ON THE HOMEOWNERS
ASSISTANCE PROGRAM.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to Congress a report on the
Homeowners Assistance Program under the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374). The report shall
include the following:
(1) The estimated cost if eligibility were expanded to
include permanent change of station applicants who purchased a
home after July 1, 2006, and before July 1, 2008.
[[Page 125 STAT. 1704]]
(2) The estimated cost if eligibility were expanded to
include members of the Armed Forces under paragraph (1) and
permanent change of station applicants who received permanent
change of station orders after September 30, 2010, and before
September 30, 2011.
(3) The estimated number of members of the Armed Forces who
received permanent change of station orders after September 30,
2010, and before September 30, 2011, and who suffered a decline
of at least a 10 percent in home value from the date of purchase
to the date of sale.
SEC. 2867. <<NOTE: 10 USC 2223a note.>> DATA SERVERS AND CENTERS.
(a) Limitations on Obligation of Funds.--
(1) Limitations.--
(A) <<NOTE: Time period.>> Before performance
plan.--During the period beginning on the date of the
enactment of this Act and ending on May 1, 2012, a
department, agency, or component of the Department of
Defense may not obligate funds for a data server farm or
data center unless approved by the Chief Information
Officer of the Department of Defense or the Chief
Information Officer of a component of the Department to
whom the Chief Information Officer of the Department has
specifically delegated such approval authority.
(B) <<NOTE: Effective date.>> Under performance
plan.--After May 1, 2012, a department, agency, or
component of the Department may not obligate funds for a
data center, or any information systems technology used
therein, unless that obligation is in accordance with
the performance plan required by subsection (b) and is
approved as described in subparagraph (A).
(2) <<NOTE: Determination.>> Requirements for approvals.--
(A) Before performance plan.--An approval of the
obligation of funds may not be granted under paragraph
(1)(A) unless the official granting the approval
determines, in writing, that existing resources of the
agency, component, or element concerned cannot
affordably or practically be used or modified to meet
the requirements to be met through the obligation of
funds.
(B) Under performance plan.--An approval of the
obligation of funds may not be granted under paragraph
(1)(B) unless the official granting the approval
determines that--
(i) existing resources of the Department do
not meet the operation requirements to be met
through the obligation of funds; and
(ii) the proposed obligation is in accordance
with the performance standards and measures
established by the Chief Information Officer of
the Department under subsection (b).
(3) Reports.--Not later than 30 days after the end of each
calendar quarter, each Chief Information Officer of a component
of the Department who grants an approval under paragraph (1)
during such calendar quarter shall submit to the Chief
Information Officer of the Department a report on the approval
or approvals so granted during such calendar quarter.
[[Page 125 STAT. 1705]]
(b) <<NOTE: Deadlines.>> Performance Plan for Reduction of
Resources Required for Data Servers and Centers.--
(1) Component plans.--
(A) In general.--Not later than January 15, 2012,
the Secretaries of the military departments and the
heads of the Defense Agencies shall each submit to the
Chief Information Officer of the Department a plan for
the department or agency concerned to achieve the
following:
(i) A reduction in the square feet of floor
space devoted to information systems technologies,
attendant support technologies, and operations
within data centers.
(ii) A reduction in the use of all utilities
necessary to power and cool information systems
technologies and data centers.
(iii) An increase in multi-organizational
utilization of data centers, information systems
technologies, and associated resources.
(iv) A reduction in the investment for capital
infrastructure or equipment required to support
data centers as measured in cost per megawatt of
data storage.
(v) A reduction in the number of commercial
and government developed applications running on
data servers and within data centers.
(vi) A reduction in the number of government
and vendor provided full-time equivalent
personnel, and in the cost of labor, associated
with the operation of data servers and data
centers.
(B) Specification of required elements.--The Chief
Information Officer of the Department shall specify the
particular performance standards and measures and
implementation elements to be included in the plans
submitted under this paragraph, including specific goals
and schedules for achieving the matters specified in
subparagraph (A).
(2) Defense-wide plan.--
(A) In general.--Not <<NOTE: Deadline.>> later than
April 1, 2012, the Chief Information Officer of the
Department shall submit to the congressional defense
committees a performance plan for a reduction in the
resources required for data centers and information
systems technologies Department-wide. The plan shall be
based upon and incorporate appropriate elements of the
plans submitted under paragraph (1).
(B) Elements.--The performance plan required under
this paragraph shall include the following:
(i) A Department-wide performance plan for
achieving the matters specified in paragraph
(1)(A), including performance standards and
measures for data centers and information systems
technologies, goals and schedules for achieving
such matters, and an estimate of cost savings
anticipated through implementation of the plan.
(ii) A Department-wide strategy for each of
the following:
(I) Desktop, laptop, and mobile
device virtualization.
(II) Transitioning to cloud
computing.
[[Page 125 STAT. 1706]]
(III) Migration of Defense data and
government-provided services from
Department-owned and operated data
centers to cloud computing services
generally available within the private
sector that provide a better capability
at a lower cost with the same or greater
degree of security.
(IV) Utilization of private sector-
managed security services for data
centers and cloud computing services.
(V) A finite set of metrics to
accurately and transparently report on
data center infrastructure (space, power
and cooling): age, cost, capacity,
usage, energy efficiency and
utilization, accompanied with the
aggregate data for each data center site
in use by the Department in excess of
100 kilowatts of information technology
power demand.
(VI) Transitioning to just-in-time
delivery of Department-owned data center
infrastructure (space, power and
cooling) through use of modular data
center technology and integrated data
center infrastructure management
software.
(3) Responsibility.--The Chief Information Officer of the
Department shall discharge the responsibility for establishing
performance standards and measures for data centers and
information systems technologies for purposes of this
subsection. Such responsibility may not be delegated.
(c) Exception.--The Chief Information Officer of the Department and
the Chief Information Officer of the Intelligence Community may jointly
exempt from the applicability of this section such intelligence
components of the Department of Defense (and the programs and activities
thereof) that are funded through the National Intelligence Program (NIP)
as the Chief Information Officers consider appropriate.
(d) Reports on Cost Savings.--
(1) In general.--Not later than March 1 of each fiscal year,
and ending in fiscal year 2016, the Chief Information Officer of
the Department shall submit to the appropriate committees of
Congress a report on the cost savings, cost reductions, cost
avoidances, and performance gains achieved, and anticipated to
be achieved, as of the date of such report as a result of
activities undertaken under this section.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
[[Page 125 STAT. 1707]]
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.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2012 for the
activities of the National Nuclear Security Administration in carrying
out programs as specified in the funding table in section 4701.
(b) Authorization of New Plant Project.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out the following new plant project for
the National Nuclear Security Administration:
Project 12-D-301, Transuranic (TRU) Waste
Facilities, Los Alamos National Laboratory, Los Alamos,
New Mexico, $9,881,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2012 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in section
4701.
[[Page 125 STAT. 1708]]
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2012 for other defense activities in carrying out
programs as specified in the funding table in section 4701.
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.
(a) Limitation.--Of the funds authorized to be appropriated by
section 3101 or otherwise made available for fiscal year 2012 for the
National Nuclear Security Administration, not more than 25 percent may
be obligated or expended to establish a center of excellence on nuclear
security in a country that is not a state of the former Soviet Union
until the date on which the Secretary of Energy submits to the
appropriate congressional committees the report under subsection (b).
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Energy shall, in consultation
with the Secretary of Defense, submit to the appropriate congressional
committees a report that includes the following:
(1) An identification of the country in which a center of
excellence established under subsection (a) will be located.
(2) A description of the purpose for which the center will
be established and the existing capacity of the country in which
the center will be located to develop and implement best
practices for training for nuclear security.
(3) The extent to which the training and relationship-
building activities planned for the center could contribute to
improving the historic pattern of the country in which the
center will be located with respect to the proliferation of
weapons of mass destruction and missiles.
(4) The agreement under which the center will operate.
(5) A funding plan for the center, including--
(A) the amount of funds to be provided by the
government of the country in which the center will be
located; and
(B) the percentage of the total cost of establishing
and operating the center the funds described in
subparagraph (A) will cover.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 3112. AIRCRAFT PROCUREMENT.
Using amounts authorized to be appropriated and made available for
obligation under section 3101 for weapons activities for any fiscal year
before fiscal year 2013, the Secretary of Energy may procure not more
than one aircraft.
[[Page 125 STAT. 1709]]
SEC. 3113. HANFORD WASTE TANK CLEANUP PROGRAM REFORMS.
Section 4442 of the Atomic Energy Defense Act (50 U.S.C. 2622) is
amended--
(1) in subsection (b)(2), by striking ``, consistent with
the policy direction established by the Department, all aspects
of the River Protection Project, Richland, Washington'' and
inserting ``all aspects of the River Protection Project,
Richland, Washington, including Hanford Tank Farm operations and
the Waste Treatment Plant'';
(2) by amending subsection (d) to read as follows:
``(d) Notification.--The Assistant Secretary of Energy for
Environmental Management shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives written notification detailing any changes in the roles,
responsibilities, and reporting relationships that involve the
Office.''; and
(3) by striking subsections (e) and (f) and inserting the
following new subsection:
``(e) Termination.--The Office shall terminate on September 30,
2019. The <<NOTE: Determination.>> Office may be extended beyond that
date if the Assistant Secretary of Energy for Environmental Management
determines in writing that termination would disrupt effective
management of the Hanford Tank Farm operations.''.
SEC. 3114. <<NOTE: Nevada.>> RECOGNITION AND STATUS OF NATIONAL
ATOMIC TESTING MUSEUM.
Section 3137 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (42 U.S.C. 7142) is amended--
(1) in the section heading, by inserting ``and national
atomic testing museum'' after ``atomic museum''; and
(2) by adding at the end the following new subsection:
``(d) Recognition and Status of National Atomic Testing Museum.--The
museum operated by the Nevada Test Site Historical Foundation and
located in Las Vegas, Nevada--
``(1) is recognized as the official atomic testing museum of
the United States; and
``(2) <<NOTE: Designation.>> shall be known as the
`National Atomic Testing Museum'.''.
Subtitle C--Reports
SEC. 3121. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Repeal of Report Requirement for Nuclear Cities Initiative
Program.--Section 3132 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1366) is repealed.
(b) Removal of Report Requirement for Nonproliferation Initiative
Program.--Paragraph (6) of section 4302(a) of the Atomic Energy Defense
Act (50 U.S.C. 2562(a)) is amended to read as follows:
``(6) Funds appropriated for the Initiatives for Proliferation
Prevention program may not be used to pay any tax or customs duty levied
by the government of the Russian Federation. In the event payment of
such a tax or customs duty with such funds is unavoidable, the Secretary
of Energy shall ensure that sufficient
[[Page 125 STAT. 1710]]
additional funds are provided to the Initiatives for Proliferation
Prevention Program to offset the amount of such payment.''.
SEC. 3122. PROGRESS ON NUCLEAR NONPROLIFERATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the spread of nuclear and radiological weapons, or
weapons-usable material, technology, equipment, information, and
expertise, poses a short- and long-term threat to the security
of the United States; and
(2) the nonproliferation efforts of the United States should
prioritize the programs which most directly address such threat.
(b) Annual Report.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter by not later than
March 1 of each year through 2016, the Secretary of Energy shall
submit to the appropriate congressional committees a report on
the strategic plans of the Department of Energy and the National
Nuclear Security Administration to prevent the proliferation of
materials, technology, equipment, and expertise related to
nuclear and radiological weapons in order to minimize the risk
of nuclear terrorism and the proliferation of such weapons.
(2) Matters included.--Each report under paragraph (1) shall
include the following:
(A) Progress and challenges in implementing the
strategic plans described in paragraph (1), including--
(i) preventing nuclear terrorism by securing
and removing highly-enriched uranium and plutonium
worldwide;
(ii) converting reactors from highly-enriched
uranium to low-enriched uranium in the Russian
Federation and other countries;
(iii) providing radiation detection capability
at ports and borders;
(iv) securing and removing radiological
materials worldwide;
(v) developing and improving technology to--
(I) detect the proliferation and
detonation of nuclear weapons;
(II) verify foreign commitments to
treaties and agreements with respect to
nuclear weapons; and
(III) detect the diversion of
nuclear materials, including safeguard
technology;
(vi) preventing and countering the
proliferation and use of nuclear weapons
(including materials, technology, and expertise
related to such weapons), including through
safeguards, export controls, international
regimes, treaties, and agreements;
(vii) disposing of surplus material of both
the United States and Russia; and
(viii) preventing the proliferation of nuclear
weapons expertise.
(B) An estimate of the budget requirements of the
National Nuclear Security Administration, including the
costs associated with the implementation of the
strategic plans described in paragraph (1) over the 5-
year period following the date of the report.
[[Page 125 STAT. 1711]]
(C) A discussion of the coordination of the programs
of the National Nuclear Security Administration with
other offices of the Department of Energy and with other
agencies and offices of the Federal Government with
respect to implementing the strategic plans described in
paragraph (1).
(c) Annual Assessment.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter by not later than
March 1 of each year through 2016, the Secretary of Energy, in
coordination with the Office of Intelligence and Counterintelligence of
the Department of Energy, shall submit to the appropriate congressional
committees an assessment containing the following:
(1) An assessment of the risk that non-nuclear weapons
states may acquire nuclear enrichment or reprocessing
technology.
(2) <<NOTE: Lists.>> A list, by country and site,
reflecting the total amount of known highly-enriched uranium
around the world, and an assessment of the vulnerability of such
uranium to theft or diversion.
(d) Form.--
(1) In general.--Except as provided by paragraph (2), each
report and assessment under this section shall be submitted in
unclassified form, but may include a classified annex.
(2) List.--Each list under subsection (c)(2) may be in
classified form if the Secretary determines it necessary.
(e) Appropriate Congressional Committees.--In <<NOTE: Definition.>>
this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 3123. REPORTS ON ROLE OF NUCLEAR SECURITY COMPLEX SITES AND
POTENTIAL EFFICIENCIES.
(a) National Nuclear Security Administration Report.--
(1) Report required.--Not later than March 1, 2013, the
Administrator for Nuclear Security shall submit to the
congressional defense committees a report--
(A) assessing the role of the nuclear security
complex sites in supporting--
(i) a safe, secure, and reliable nuclear
deterrent;
(ii) reductions in the nuclear stockpile; and
(iii) the nuclear nonproliferation efforts of
the United States; and
(B) identifying any opportunities for efficiencies
and cost savings within the nuclear security complex.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An assessment of the role of the nuclear
security complex sites, including the national security
laboratories, in--
(i) maintaining a safe, secure, and reliable
nuclear deterrent;
[[Page 125 STAT. 1712]]
(ii) supporting reductions in the nuclear
stockpile; and
(iii) supporting the nuclear nonproliferation
efforts of the United States, including improving
verification and detection technology.
(B) An identification of any opportunities for
efficiencies within the nuclear security complex and an
assessment of how those efficiencies could contribute to
cost savings and strengthening safety and security.
(C) An assessment of duplicative functions within
the nuclear security complex and a description of which
duplicative functions remain necessary and why.
(D) If the Administrator determines it appropriate,
an analysis of the potential for shared use or
development of high explosives research and development
capacity, supercomputing platforms, and infrastructure
maintained for Work for Others programs.
(E) A description of the long-term strategic plan
for the nuclear security complex.
(b) Comptroller General Report.--Not later than 180 days after the
report under subsection (a)(1) is submitted, the Comptroller General of
the United States shall submit to the congressional defense committees a
report assessing the report submitted by the Administrator for Nuclear
Security under subsection (a).
(c) Form.--The reports required by subsections (a) and (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Nuclear Security Complex Defined.--In this section, the term
``nuclear security complex'' means the facilities and laboratories
specified in section 4102(g) of the Atomic Energy Defense Act (50 U.S.C.
2512(g)).
SEC. 3124. NET ASSESSMENT OF HIGH-PERFORMANCE COMPUTING
CAPABILITIES OF FOREIGN COUNTRIES.
(a) Assessment Required.--The Director of National Intelligence, in
consultation with the Secretary of Defense, the Secretary of Energy, the
Administrator for Nuclear Security, and the Secretary of Commerce, shall
conduct a net assessment of the high-performance computing capability
possessed by foreign countries.
(b) Matters Covered.--The assessment required by subsection (a)
shall include--
(1) an analysis of current and expected future capabilities
and trends with respect to high-performance computing in the
United States and in other countries;
(2) a description of how high-performance computing
technology is being used by various countries as compared to the
United States;
(3) an evaluation of the similarities and differences in
approaches to the innovation, development, and use of high-
performance computing among the United States and countries with
the most experience, capabilities, or skill with respect to
high-performance computing;
(4) estimates of the current and expected future effects of
high-performance computing technology on the national security
and economic growth of various countries;
(5) recommendations on actions to take to ensure the
continued leadership by the United States in high-performance
[[Page 125 STAT. 1713]]
computing and ways to better leverage such technology for
innovation, economic growth, and national security; and
(6) such other matters as the Director of National
Intelligence considers appropriate.
(c) Coordination With Other Agencies.--The Director of National
Intelligence shall coordinate the assessment required by subsection (a)
with other departments or agencies of the Federal Government as the
Director considers appropriate.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a
report on the results of the assessment required by subsection
(a).
(2) Form.--The report required under this section shall be
submitted in unclassified form, but may include a classified
annex.
(3) <<NOTE: Definition.>> Appropriate congressional
committees.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Affairs, the
Committee on Energy and Commerce, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, the Committee on Foreign Relations,
the Committee on Energy and Natural Resources, the
Committee on Banking, Housing, and Urban Affairs, and
the Select Committee on Intelligence of the Senate.
SEC. 3125. REVIEW AND ANALYSIS OF NUCLEAR WASTE REPROCESSING AND
NUCLEAR REACTOR TECHNOLOGY.
(a) Study Required.--The Secretary of Energy, in consultation with
the Administrator for Nuclear Security and the Secretary of Defense, as
needed, shall conduct a study on waste reprocessing and Generation IV
nuclear reactor technology.
(b) Elements.--The study required under subsection (a) shall
include--
(1) a review of previous studies conducted by the Department
of Energy and the National Academy of Sciences related to the
subject of nuclear waste reprocessing and the use of mixed oxide
fuel in nuclear reactors, including Generation IV reactors, as a
point of reference;
(2) <<NOTE: Determination.>> a determination of the waste
streams resulting from reprocessing and the use of mixed oxide
fuel;
(3) an analysis of the nuclear proliferation risks of
reprocessing and using mixed oxide fuel in nuclear reactors,
including effects on the nuclear nonproliferation efforts of the
United States;
(4) a comparison of the costs and proliferation risks of
nuclear waste reprocessing technologies used in other countries
and a comparison to the costs and risks of direct disposal of
nuclear waste; and
(5) an analysis, in coordination with the Secretary of
Defense, of the feasibility of deploying proven Generation IV
[[Page 125 STAT. 1714]]
reactors or other nuclear technology that could use mixed oxide
fuel at military installations.
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Energy shall submit
to the appropriate congressional committees a report on the
study required under subsection (a).
(2) Form.--The report under paragraph (1) shall be submitted
in unclassified form, but may include a classified annex.
(3) Appropriate congressional committees.--
In <<NOTE: Definition.>> this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Foreign
Affairs of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Foreign Relations of the Senate.
Subtitle D--Other Matters
SEC. 3131. SENSE OF CONGRESS ON THE USE OF SAVINGS FROM EXCESS
AMOUNTS FOR CERTAIN PENSION PLAN
CONTRIBUTIONS.
It is the sense of Congress that--
(1) the employee pension plans maintained by the management
and operating contractors managing the national laboratories,
plants, and other facilities of the National Nuclear Security
Administration and the Office of Environmental Management of the
Department of Energy should be fully funded to ensure that
pension commitments made to the highly skilled scientists,
engineers, and other employees of the nuclear enterprise are
kept; and
(2) if economic conditions improve, or efficiencies are
identified, so that amounts appropriated for contributions to
those pension plans exceed the amounts required by law for those
contributions, the Administrator for Nuclear Security or the
Assistant Secretary of Energy for Environmental Management
should promptly obligate or expend the excess amounts on high
priority mission activities of the National Nuclear Security
Administration or the Office of Environmental Management, as the
case may be.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2012,
$29,130,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
[[Page 125 STAT. 1715]]
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,909,000 for fiscal year 2012 for the purpose of
carrying out activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain available
until expended.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for national security aspects
of the merchant marine for fiscal year 2012.
Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force
vessels.
Sec. 3503. Recruitment authority.
Sec. 3504. Ship scrapping reporting requirement.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SECURITY
ASPECTS OF THE MERCHANT MARINE FOR
FISCAL YEAR 2012.
Funds are hereby authorized to be appropriated for fiscal year 2012,
to be available without fiscal year limitation if so provided in the
appropriations Acts, for the use of the Department of Transportation for
Maritime Administration programs associated with maintaining national
security aspects of the merchant marine, as follows:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $93,068,000, of which--
(A) $64,183,000 shall remain available until
expended for Academy operations; and
(B) $28,885,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $17,100,000, of which--
(A) $2,400,000 shall remain available until expended
for student incentive payments;
(B) $3,600,000 shall remain available until expended
for direct payments to such academies; and
(C) $11,100,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels.
(3) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $18,500,000, to remain available
until expended.
(4) For expenses to maintain and preserve a United States-
flag merchant marine to serve the national security needs of the
United States under chapter 531 of title 46, United States Code,
$186,000,000.
[[Page 125 STAT. 1716]]
(5) For the cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 6661a(5)) of loan
guarantees under the program authorized by chapter 537 of title
46, United States Code, $14,260,000, of which $3,740,000 shall
remain available until expended for administrative expenses of
the program.
SEC. 3502. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY RESERVE
FORCE VESSELS.
Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1744(b)) is amended--
(1) in subsection (b), by striking ``or'' after the
semicolon at the end of paragraph (4), striking the period at
the end of paragraph (5) and inserting ``; or'', and adding at
the end the following new paragraph:
``(6) for civil contingency operations and Maritime
Administration promotional and media events, in accordance with
subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Use of NDRF Vessels for Civil Contingency Operations and
Promotional and Media <<NOTE: Determination.>> Events.--With the
concurrence of the Secretary of Defense, the Secretary of Transportation
may allow the use of vessels in the National Defense Reserve Fleet
(NDRF) for civil contingency operations requested by another Federal
agency, and for Maritime Administration promotional and media events
relating to demonstration projects and research and development
supporting the Administration's mission, if the Secretary of
Transportation determines such use is in the best interest of the
Government after considering the following factors:
``(1) Availability.--The availability of NDRF or Ready
Reserve Force (RRF) resources and the impact of such use on NDRF
and RRF mission support to the defense and homeland security
requirements of the Government.
``(2) Interference.--Whether the such use of vessels will
support the mission of the Maritime Administration and not
significantly interfere with NDRF vessel maintenance, repair,
safety, readiness, and resource availability.
``(3) Safety.--Whether safety precautions will be taken,
including indemnification of liability when applicable.
``(4) Cost.--Whether any costs incurred by such use will be
funded as a reimbursable transaction between Federal agencies,
as applicable.
``(5) Other matters.--Any other matters the Maritime
Administrator considers appropriate.''.
SEC. 3503. RECRUITMENT AUTHORITY.
Section 51301 of title 46, United States Code, is amended--
(1) by inserting ``(a) IN General.--'' before the first
sentence; and
(2) by adding at the end the following new subsection:
``(b) Recruitment.--The Secretary of Transportation may, subject to
the availability of appropriations, expend funds available for United
States Merchant Marine Academy operating expenses for recruiting
activities, including advertising, in order to obtain recruits for the
Academy and cadet applicants.''.
[[Page 125 STAT. 1717]]
SEC. 3504. <<NOTE: 16 USC 5405 note.>> SHIP SCRAPPING REPORTING
REQUIREMENT.
Section 3502(f) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as amended by section 3505(a) of
the National Defense Authorization Act for Fiscal Year 2006 (119 Stat.
3551), is amended to read as follows:
``(f) Briefings.--The Maritime Administrator shall, upon request,
provide briefings to the Committee on Transportation and Infrastructure,
the Committee on Natural Resources, and the Committee on Armed Services
of the House of Representatives, and the Committee on Commerce, Science,
and Transportation and the Committee on Armed Services of the Senate, on
the progress made in recycling vessels, problems encountered with
recycling vessels, issues relating to vessel recycling, and other issues
relating to vessel recycling and disposal.''.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division specifies
a dollar amount authorized for a project, program, or activity, the
obligation and expenditure of the specified dollar amount for the
project, program, or activity is hereby authorized, subject to the
availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374 of
title 10, United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
[[Page 125 STAT. 1718]]
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Line Item Request Agreement
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 14,572 14,572
003 AERIAL COMMON SENSOR 539,574 0
(ACS) (MIP).
Early to Need.... [-433,574]
Program Decrease. [-106,000]
004 MQ-1 UAV............. 658,798 0
Transfer to OCO.. [-550,798]
Unjustified [-108,000]
production ramp.
005 RQ-11 (RAVEN)........ 70,762 70,762
ROTARY
007 HELICOPTER, LIGHT 250,415 250,415
UTILITY (LUH).
009 AH-64 APACHE BLOCK 411,005 368,505
IIIA REMAN.
Army offered [-42,500]
program reduction.
010 Advance 192,764 192,764
Procurement (CY).
011 Advance 104,263 104,263
Procurement (CY).
012 UH-60 BLACKHAWK M 1,325,666 1,317,666
MODEL (MYP).
Unjustified [-8,000]
program
management growth.
013 Advance 199,781 199,781
Procurement (CY).
014 CH-47 HELICOPTER..... 1,305,360 1,239,360
Army requested [-66,000]
transfer to APA
Line 15 for
correct execution.
015 Advance 54,956 120,956
Procurement (CY).
Army requested [66,000]
transfer from APA
Line 14 for
correct execution.
MODIFICATION OF
AIRCRAFT
019 MQ-1 PAYLOAD--UAS.... 136,183 0
Transfer to OCO.. [-136,183]
021 GUARDRAIL MODS (MIP). 27,575 27,575
022 MULTI SENSOR ABN 8,362 8,362
RECON (MIP).
023 AH-64 MODS........... 331,230 331,230
024 CH-47 CARGO 79,712 57,012
HELICOPTER MODS
(MYP).
Cargo and [-22,700]
ballistic
protection
contract delays.
025 UTILITY/CARGO 22,107 12,107
AIRPLANE MODS.
Contract delays.. [-10,000]
027 UTILITY HELICOPTER 80,745 74,745
MODS.
Contract delays.. [-6,000]
028 KIOWA WARRIOR........ 162,052 92,552
Cockpit and [-69,500]
Sensor Upgrade
Program ahead of
need.
030 NETWORK AND MISSION 138,832 136,432
PLAN.
Aviation Data [-2,400]
Exploitation
Capability ahead
of need.
[[Page 125 STAT. 1719]]
031 COMMS, NAV 132,855 117,855
SURVEILLANCE.
JTRS Integration [-15,000]
ahead of need.
032 GATM ROLLUP.......... 105,519 105,519
033 RQ-7 UAV MODS........ 126,239 76,239
Administration [-50,000]
recommendation.
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 35,993 35,993
SURVIVABILITY
EQUIPMENT.
037 CMWS................. 162,811 104,251
Production and [-58,560]
installation
contract delays.
OTHER SUPPORT
038 AVIONICS SUPPORT 4,840 4,840
EQUIPMENT.
039 COMMON GROUND 176,212 114,517
EQUIPMENT.
Aviation Light [-3,287]
Utility Mobile
Maintenance
(ALUMMC) no
longer required.
Aviation Sets, [-58,408]
Kits, Outfits,
Tools contract
delay.
040 AIRCREW INTEGRATED 82,883 62,746
SYSTEMS.
Air Soldier [-20,137]
System early to
need.
041 AIR TRAFFIC CONTROL.. 114,844 114,844
042 INDUSTRIAL FACILITIES 1,593 1,593
043 LAUNCHER, 2.75 ROCKET 2,878 2,878
TOTAL AIRCRAFT 7,061,381 5,360,334
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 PATRIOT SYSTEM 662,231 662,231
SUMMARY.
002 MSE MISSILE/PAC-3.... 74,953 74,953
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 1,410 1,410
ANTI-TANK/ASSAULT
MISSILE SYS
005 JAVELIN (AAWS-M) 160,767 160,767
SYSTEM SUMMARY.
006 TOW 2 SYSTEM SUMMARY. 61,676 58,676
Unit cost [-3,000]
efficiencies.
007 Advance 19,886 19,886
Procurement (CY).
009 GUIDED MLRS ROCKET 314,167 314,167
(GMLRS).
010 MLRS REDUCED RANGE 18,175 18,175
PRACTICE ROCKETS
(RRPR).
011 HIGH MOBILITY 31,674 31,674
ARTILLERY ROCKET
SYSTEM (HIMARS.
MODIFICATIONS
012 PATRIOT MODS......... 66,925 66,925
013 STINGER MODS......... 14,495 0
Procurement early [-4,495]
to need.
Transfer at Army [-10,000]
request to RDTE
Army PE 23801A .
014 ITAS/TOW MODS........ 13,577 13,577
015 MLRS MODS............ 8,236 8,236
016 HIMARS MODIFICATIONS. 11,670 11,670
SPARES AND REPAIR
PARTS
018 SPARES AND REPAIR 8,700 8,700
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
019 AIR DEFENSE TARGETS.. 3,674 3,674
020 ITEMS LESS THAN $5.0M 1,459 1,459
(MISSILES).
021 PRODUCTION BASE 5,043 5,043
SUPPORT.
TOTAL MISSILE 1,478,718 1,461,223
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 STRYKER VEHICLE...... 632,994 606,894
Prior year [-26,100]
unobligated funds
available.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
005 STRYKER (MOD)........ 52,797 51,497
Excess program [-1,300]
management.
006 FIST VEHICLE (MOD)... 43,962 35,082
Funding ahead of [-8,880]
need.
007 BRADLEY PROGRAM (MOD) 250,710 250,710
008 HOWITZER, MED SP FT 46,876 46,876
155MM M109A6 (MOD).
009 IMPROVED RECOVERY 10,452 7,452
VEHICLE (M88A2
HERCULES).
Excess contractor [-3,000]
engineering.
010 ASSAULT BREACHER 99,904 97,004
VEHICLE.
Unjustified [-2,900]
growth in matrix
support and
engineering
change proposals.
[[Page 125 STAT. 1720]]
011 M88 FOV MODS......... 32,483 32,483
013 M1 ABRAMS TANK (MOD). 160,578 131,178
Unjustified [-29,400]
technical support
costs.
014 ABRAMS UPGRADE 181,329 436,329
PROGRAM.
Program increase [255,000]
to add 49 tanks
to bridge
production gap.
SUPPORT EQUIPMENT &
FACILITIES
015 PRODUCTION BASE 1,073 1,073
SUPPORT (TCV-WTCV).
WEAPONS & OTHER
COMBAT VEHICLES
017 INTEGRATED AIR BURST 16,046 0
WEAPON SYSTEM FAMILY.
Transfer at [-16,046]
Army's request to
RDTE, Army PE
64601A.
019 MACHINE GUN, CAL .50 65,102 0
M2 ROLL.
Transfer at Army [-34,000]
request to WTCV
line 34.
Transfer to OCO.. [-31,102]
020 LIGHTWEIGHT .50 28,796 13,930
CALIBER MACHINE GUN.
Army revised [-13,166]
lower quantity.
Transfer at Army [-1,700]
request to RDTE
Army PE 64601A .
023 MORTAR SYSTEMS....... 12,477 10,177
Excess production [-2,300]
engineering.
025 XM320 GRENADE 12,055 12,055
LAUNCHER MODULE
(GLM).
027 M4 CARBINE........... 35,015 35,015
028 SHOTGUN, MODULAR 6,707 6,707
ACCESSORY SYSTEM
(MASS).
031 HOWITZER LT WT 155MM 13,066 13,066
(T).
MOD OF WEAPONS AND
OTHER COMBAT VEH
033 M4 CARBINE MODS...... 25,092 25,092
034 M2 50 CAL MACHINE GUN 14,856 48,856
MODS.
Transfer at Army [34,000]
request from WTCV
line 19.
035 M249 SAW MACHINE GUN 8,480 8,480
MODS.
036 M240 MEDIUM MACHINE 15,718 15,718
GUN MODS.
037 SNIPER RIFLES 1,994 1,994
MODIFICATIONS.
038 M119 MODIFICATIONS... 38,701 38,701
039 M16 RIFLE MODS....... 3,476 3,476
041 MODIFICATIONS LESS 2,973 2,973
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
043 PRODUCTION BASE 10,080 10,080
SUPPORT (WOCV-WTCV).
044 INDUSTRIAL 424 424
PREPAREDNESS.
045 SMALL ARMS EQUIPMENT 2,453 2,453
(SOLDIER ENH PROG).
SPARES
046 SPARES AND REPAIR 106,843 106,843
PARTS (WTCV).
TOTAL 1,933,512 2,052,618
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 210,758 210,758
TYPES.
002 CTG, 7.62MM, ALL 83,730 83,730
TYPES.
004 CTG, HANDGUN, ALL 9,064 7,064
TYPES.
Funding ahead of [-2,000]
need.
005 CTG, .50 CAL, ALL 131,775 131,775
TYPES.
007 CTG, 25MM, ALL TYPES. 14,894 13,694
Prior year funds [-1,200]
available.
008 OBJECTIVE FAMILY OF 3,399 0
WEAPONS AMMUNITION,
ALL T.
Funding ahead of [-3,399]
need.
009 CTG, 30MM, ALL TYPES. 118,966 105,966
Program growth [-13,000]
adjustment.
010 CTG, 40MM, ALL TYPES. 84,799 82,599
Excess production [-2,200]
engineering.
MORTAR AMMUNITION
012 60MM MORTAR, ALL 31,287 31,287
TYPES.
013 81MM MORTAR, ALL 12,187 12,187
TYPES.
014 120MM MORTAR, ALL 108,416 106,916
TYPES.
Excess production [-1,500]
engineering.
TANK AMMUNITION
015 CARTRIDGES, TANK, 105,704 65,205
105MM AND 120MM, ALL
TYPES.
Pricing [-40,000]
adjustment.
Unjustified [-499]
request.
ARTILLERY AMMUNITION
017 ARTILLERY CARTRIDGES, 103,227 103,227
75MM AND 105MM, ALL
TYP.
019 ARTILLERY PROJECTILE, 32,887 32,887
155MM, ALL TYPES.
[[Page 125 STAT. 1721]]
020 PROJ 155MM EXTENDED 69,074 58,074
RANGE XM982.
Program [-11,000]
restructure.
021 ARTILLERY 48,205 46,705
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Pricing [-1,500]
adjustment.
MINES
023 MINES & CLEARING 2,518 2,518
CHARGES, ALL TYPES.
NETWORKED MUNITIONS
025 SPIDER NETWORK 43,123 43,123
MUNITIONS, ALL TYPES.
ROCKETS
027 SHOULDER LAUNCHED 19,254 17,854
MUNITIONS, ALL TYPES.
Excess production [-1,400]
engineering.
028 ROCKET, HYDRA 70, ALL 127,265 123,865
TYPES.
Excess production [-3,400]
engineering.
OTHER AMMUNITION
029 DEMOLITION MUNITIONS, 53,685 38,685
ALL TYPES.
Program growth [-15,000]
adjustment.
030 GRENADES, ALL TYPES.. 42,558 42,558
031 SIGNALS, ALL TYPES... 26,173 26,173
032 SIMULATORS, ALL TYPES 14,108 14,108
033 ALL OTHER (AMMO)..... 50 50
MISCELLANEOUS
034 AMMO COMPONENTS, ALL 18,296 18,296
TYPES.
035 NON-LETHAL 14,864 14,864
AMMUNITION, ALL
TYPES.
036 CAD/PAD ALL TYPES.... 5,449 5,449
037 ITEMS LESS THAN $5 11,009 11,009
MILLION.
038 AMMUNITION PECULIAR 24,200 24,200
EQUIPMENT.
039 FIRST DESTINATION 13,711 13,711
TRANSPORTATION
(AMMO).
040 CLOSEOUT LIABILITIES. 103 0
Prior year funds [-103]
available.
PRODUCTION BASE
SUPPORT
041 PROVISION OF 199,841 199,841
INDUSTRIAL
FACILITIES.
042 LAYAWAY OF INDUSTRIAL 9,451 9,451
FACILITIES.
043 MAINTENANCE OF 5,533 5,533
INACTIVE FACILITIES.
044 CONVENTIONAL 189,789 177,789
MUNITIONS
DEMILITARIZATION,
ALL.
Contract award [-12,000]
delay.
045 ARMS INITIATIVE...... 3,273 3,273
TOTAL 1,992,625 1,884,424
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 13,496 596
FLATBED:.
Early to need.... [-12,900]
005 FAMILY OF MEDIUM 432,936 422,936
TACTICAL VEH (FMTV).
Unjustified [-10,000]
program
management cost
growth.
006 FIRETRUCKS & 21,930 21,930
ASSOCIATED
FIREFIGHTING EQUIP.
007 FAMILY OF HEAVY 627,294 597,794
TACTICAL VEHICLES
(FHTV).
Exceeds annual [-27,000]
manufacturing
capability.
Excessive program [-2,500]
management and
engineering
change orders.
008 PLS ESP.............. 251,667 251,667
010 MINE PROTECTION 56,671 56,671
VEHICLE FAMILY.
012 TRUCK, TRACTOR, LINE 1,461 0
HAUL, M915/M916.
Prior year [-1,461]
unobligated funds
available.
013 HVY EZPANDED MOBILE 156,747 156,747
TACTICAL TRUCK EXT
SERV.
014 HMMWV 161,631 4,313
RECAPITALIZATION
PROGRAM.
Funding provided [-157,318]
in approved prior
year
reprogramming
action.
015 TACTICAL WHEELED 39,908 39,908
VEHICLE PROTECTION
KITS.
016 MODIFICATION OF IN 362,672 344,772
SVC EQUIP.
Excessive program [-14,000]
support costs.
HMMWV [-3,900]
installation
early to need.
017 MINE-RESISTANT AMBUSH- 142,862 127,862
PROTECTED (MRAP)
MODS.
Excessive program [-15,000]
support costs.
020 AMC CRITICAL ITEMS, 20,156 0
OPA1.
Unjustified [-20,156]
request.
NON-TACTICAL VEHICLES
021 HEAVY ARMORED SEDAN.. 1,161 1,161
[[Page 125 STAT. 1722]]
022 PASSENGER CARRYING 3,222 3,222
VEHICLES.
023 NONTACTICAL VEHICLES, 19,869 19,869
OTHER.
COMM--JOINT
COMMUNICATIONS
024 JOINT COMBAT 9,984 9,984
IDENTIFICATION
MARKING SYSTEM.
025 WIN-T--GROUND FORCES 974,186 865,186
TACTICAL NETWORK.
Increment 2 [-109,000]
contract delay.
026 JCSE EQUIPMENT 4,826 4,826
(USREDCOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 123,859 123,859
WIDEBAND SATCOM
SYSTEMS.
029 SHF TERM............. 8,910 8,249
Full funding for [-661]
engineering
change proposals
in prior years.
031 NAVSTAR GLOBAL 29,568 26,368
POSITIONING SYSTEM
(SPACE).
Fielding cost [-3,200]
growth.
032 SMART-T (SPACE)...... 49,704 49,704
033 SCAMP (SPACE)........ 2,415 2,415
034 GLOBAL BRDCST SVC-- 73,374 64,774
GBS.
Excessive unit [-8,600]
cost growth.
035 MOD OF IN-SVC EQUIP 31,799 31,799
(TAC SAT).
COMM--COMBAT SUPPORT
COMM
036 MOD-IN-SERVICE 969 969
PROFILER.
COMM--C3 SYSTEM
037 ARMY GLOBAL CMD & 18,788 18,788
CONTROL SYS (AGCCS).
COMM--COMBAT
COMMUNICATIONS
038 ARMY DATA 3,994 3,994
DISTRIBUTION SYSTEM
(DATA RADIO).
039 JOINT TACTICAL RADIO 775,832 427,099
SYSTEM.
Airborne, [-106,000]
Maritime, Fixed
Station program
delay.
Army requested [-51,000]
transfer to RDTE
Navy line 100.
Ground Mobile [-153,833]
Radio program
restructure.
Program Decrease - [-37,900]
Maritime/Fixed
Station.
040 RADIO TERMINAL SET, 8,336 8,336
MIDS LVT(2).
041 SINCGARS FAMILY...... 4,992 500
Prior year [-4,492]
unobligated funds
available.
043 TRACTOR DESK......... 10,827 10,827
045 SPIDER APLA REMOTE 36,224 36,224
CONTROL UNIT.
047 SOLDIER ENHANCEMENT 1,843 1,843
PROGRAM COMM/
ELECTRONICS.
049 GUNSHOT DETECTION 3,939 1,000
SYSTEM (GDS).
Early to need.... [-2,939]
050 RADIO, IMPROVED HF 38,535 38,535
(COTS) FAMILY.
051 MEDICAL COMM FOR CBT 26,232 26,232
CASUALTY CARE (MC4).
COMM--INTELLIGENCE
COMM
053 CI AUTOMATION 1,547 1,547
ARCHITECTURE.
054 CIVIL AFFAIRS/INFO 28,266 28,266
OPS.
INFORMATION SECURITY
055 TSEC--ARMY KEY MGT 12,541 12,541
SYS (AKMS).
056 INFORMATION SYSTEM 39,349 37,022
SECURITY PROGRAM-
ISSP.
Army requested [-2,327]
transfer to line
56a.
056A FAMILY OF BIOMETRICS. 2,327
Army requested [2,327]
transfer from
line 56.
COMM--LONG HAUL
COMMUNICATIONS
057 TERRESTRIAL 2,232 2,232
TRANSMISSION.
058 BASE SUPPORT 37,780 37,780
COMMUNICATIONS.
059 WW TECH CON IMP PROG 12,805 12,805
(WWTCIP).
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 187,227 131,227
Prior year [-56,000]
unobligated funds
available.
061 DEFENSE MESSAGE 4,393 4,393
SYSTEM (DMS).
062 INSTALLATION INFO 310,761 310,761
INFRASTRUCTURE MOD
PROGRAM(.
063 PENTAGON INFORMATION 4,992 4,992
MGT AND TELECOM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M........... 4,657 4,657
067 PROPHET GROUND....... 72,041 72,041
070 DCGS-A (MIP)......... 144,548 124,548
Unjustified [-20,000]
growth.
071 JOINT TACTICAL GROUND 1,199 1,199
STATION (JTAGS).
072 TROJAN (MIP)......... 32,707 32,707
073 MOD OF IN-SVC EQUIP 9,163 9,163
(INTEL SPT) (MIP).
074 CI HUMINT AUTO 3,493 3,493
REPRTING AND
COLL(CHARCS) (MIP.
[[Page 125 STAT. 1723]]
075 ITEMS LESS THAN $5.0M 802 802
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 33,810 33,810
MORTAR RADAR.
077 CREW................. 24,104 0
Requirement met [-24,104]
with prior year
funds.
080 COUNTERINTELLIGENCE/ 1,252 1,252
SECURITY
COUNTERMEASURES.
081 CI MODERNIZATION..... 1,332 1,332
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 FAAD GBS............. 7,958 3,958
Violates full [-4,000]
funding.
083 SENTINEL MODS........ 41,657 41,657
084 SENSE THROUGH THE 47,498 47,498
WALL (STTW).
085 NIGHT VISION DEVICES. 156,204 156,204
086 LONG RANGE ADVANCED 102,334 102,334
SCOUT SURVEILLANCE
SYSTEM.
087 NIGHT VISION, THERMAL 186,859 186,859
WPN SIGHT.
088 SMALL TACTICAL 10,227 10,227
OPTICAL RIFLE
MOUNTED MLRF.
090 COUNTER-ROCKET, 15,774 15,774
ARTILLERY & MORTAR
(C-RAM).
092 GREEN LASER 25,356 25,356
INTERDICTION SYSTEM.
095 PROFILER............. 3,312 3,312
096 MOD OF IN-SVC EQUIP 3,005 3,005
(FIREFINDER RADARS).
098 JOINT BATTLE COMMAND-- 69,514 69,514
PLATFORM (JBC-P).
099 LIGHTWEIGHT LASER 58,042 58,042
DESIGNATOR/
RANGEFINDER.
101 MORTAR FIRE CONTROL 21,022 17,022
SYSTEM.
Unjustified [-4,000]
request.
102 COUNTERFIRE RADARS... 227,629 227,629
103 ARMS CONTROL ENHANCED 2,226 2,226
SENSOR & MONITORING
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
104 TACTICAL OPERATIONS 54,907 54,907
CENTERS.
105 FIRE SUPPORT C2 54,223 54,223
FAMILY.
106 BATTLE COMMAND 12,454 12,454
SUSTAINMENT SUPPORT
SYSTEM (BC.
107 FAAD C2.............. 5,030 5,030
108 AIR & MSL DEFENSE 62,710 62,710
PLANNING & CONTROL
SYS.
109 KNIGHT FAMILY........ 51,488 46,488
Program growth [-5,000]
adjustment.
110 LIFE CYCLE SOFTWARE 1,807 1,807
SUPPORT (LCSS).
111 AUTOMATIC 28,924 27,324
IDENTIFICATION
TECHNOLOGY.
Unjustified [-1,600]
request.
115 MANEUVER CONTROL 34,031 34,031
SYSTEM (MCS).
116 SINGLE ARMY LOGISTICS 210,312 124,026
ENTERPRISE (SALE).
Army identified [-15,000]
excess.
Army requested [-9,251]
transfer to OMA
Budget Activity
04.
Army requested [-1,795]
transfer to OPA
line 119.
Army requested [-60,240]
transfer to RDTE
Army line 177.
117 RECONNAISSANCE AND 19,113 19,113
SURVEYING INSTRUMENT
SET.
ELECT EQUIP--
AUTOMATION
119 GENERAL FUND 23,664 25,459
ENTERPRISE BUSINESS
SYSTEM.
Army requested [1,795]
transfer from OPA
line 116.
120 ARMY TRAINING 11,192 11,192
MODERNIZATION.
121 AUTOMATED DATA 220,250 174,772
PROCESSING EQUIP.
Army identified [-10,478]
excess.
Prior year [-35,000]
unobligated funds
available.
122 CSS COMMUNICATIONS... 39,310 39,310
123 RESERVE COMPONENT 41,248 41,248
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
124 ITEMS LESS THAN $5.0M 10,437 10,437
(A/V).
125 ITEMS LESS THAN $5M 7,480 4,395
(SURVEYING
EQUIPMENT).
Excessive design [-3,085]
engineering costs.
ELECT EQUIP--SUPPORT
126 PRODUCTION BASE 571 571
SUPPORT (C-E).
127 BCT NETWORK.......... 0
CLASSIFIED PROGRAMS
UNDISTRIBUTED
127A CLASSIFIED PROGRAMS.. 4,273 4,273
127U UNDISTRIBUTED OPA2... 0
CHEMICAL DEFENSIVE
EQUIPMENT
129 FAMILY OF NON-LETHAL 8,636 5,213
EQUIPMENT (FNLE).
[[Page 125 STAT. 1724]]
Accoustic hailing [-3,423]
device contract
delay.
130 BASE DEFENSE SYSTEMS 41,204 41,204
(BDS).
131 CBRN SOLDIER 10,700 10,700
PROTECTION.
132 SMOKE & OBSCURANT 362 362
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
133 TACTICAL BRIDGING.... 77,428 77,428
134 TACTICAL BRIDGE, 49,154 45,454
FLOAT-RIBBON.
Excessive program [-3,700]
support cost
growth.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
135 HANDHELD STANDOFF 39,263 39,263
MINEFIELD DETECTION
SYS-HST.
136 GRND STANDOFF MINE 20,678 20,678
DETECTN SYSM
(GSTAMIDS).
137 ROBOTIC COMBAT 30,297 22,297
SUPPORT SYSTEM
(RCSS).
M160 incremental [-8,000]
funding.
138 EXPLOSIVE ORDNANCE 17,626 17,626
DISPOSAL EQPMT (EOD
EQPMT).
139 REMOTE DEMOLITION 14,672 14,672
SYSTEMS.
140 < $5M, COUNTERMINE 7,352 7,352
EQUIPMENT.
COMBAT SERVICE
SUPPORT EQUIPMENT
142 HEATERS AND ECU'S.... 10,109 10,109
144 SOLDIER ENHANCEMENT.. 9,591 9,591
146 PERSONNEL RECOVERY 8,509 8,509
SUPPORT SYSTEM
(PRSS).
147 GROUND SOLDIER SYSTEM 184,072 63,500
Army requested [-13,100]
transfer to RDTE
Army line 119.
Program delay.... [-107,472]
148 MOUNTED SOLDIER 43,419 5,000
SYSTEM.
Army offered [-38,419]
program reduction.
150 FIELD FEEDING 26,860 26,860
EQUIPMENT.
151 CARGO AERIAL DEL & 68,392 68,392
PERSONNEL PARACHUTE
SYSTEM.
152 MOBILE INTEGRATED 7,384 7,384
REMAINS COLLECTION
SYSTEM:.
153 FAMILY OF ENGR COMBAT 54,190 54,190
AND CONSTRUCTION
SETS.
154 ITEMS LESS THAN $5M 12,482 12,482
(ENG SPT).
PETROLEUM EQUIPMENT
156 DISTRIBUTION SYSTEMS, 75,457 75,457
PETROLEUM & WATER.
MEDICAL EQUIPMENT
158 COMBAT SUPPORT 53,450 53,450
MEDICAL.
MAINTENANCE EQUIPMENT
159 MOBILE MAINTENANCE 16,572 16,572
EQUIPMENT SYSTEMS.
160 ITEMS LESS THAN $5.0M 3,852 3,852
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 GRADER, ROAD MTZD, 2,201 2,201
HVY, 6X4 (CCE).
162 SKID STEER LOADER 8,584 3,984
(SSL) FAMILY OF
SYSTEM.
Excessive unit [-4,600]
cost and program
support cost
growth.
163 SCRAPERS, EARTHMOVING 21,031 21,031
164 MISSION MODULES - 43,432 43,432
ENGINEERING.
165 COMPACTOR............ 2,859 2,859
168 TRACTOR, FULL TRACKED 59,534 50,434
Unjustified [-9,100]
program support
cost growth.
169 PLANT, ASPHALT MIXING 8,314 614
Prior year [-7,700]
unobligated funds
available.
170 HIGH MOBILITY 18,974 18,974
ENGINEER EXCAVATOR
TYPE - FOS.
171 ENHANCED RAPID 15,833 0
AIRFIELD
CONSTRUCTION CAPA.
Unexecutable [-15,833]
acquisition
strategy.
172 CONST EQUIP ESP...... 9,771 9,771
173 ITEMS LESS THAN $5.0M 12,654 12,654
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
174 JOINT HIGH SPEED 223,845 0
VESSEL (JHSV).
Army requested [-187,226]
transfer to SC,N
line 17.
Excess to need... [-36,619]
176 ITEMS LESS THAN $5.0M 10,175 10,175
(FLOAT/RAIL).
GENERATORS
177 GENERATORS AND 31,897 31,897
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
179 FAMILY OF FORKLIFTS.. 10,944 10,944
180 ALL TERRAIN LIFTING 21,859 21,859
ARMY SYSTEM.
TRAINING EQUIPMENT
181 COMBAT TRAINING 133,178 46,117
CENTERS SUPPORT.
Army offered [-87,061]
program reduction.
182 TRAINING DEVICES, 168,392 168,392
NONSYSTEM.
[[Page 125 STAT. 1725]]
183 CLOSE COMBAT TACTICAL 17,760 13,290
TRAINER.
Prior year [-4,470]
unobligated funds
available.
184 AVIATION COMBINED 9,413 9,413
ARMS TACTICAL
TRAINER.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
186 CALIBRATION SETS 13,618 13,618
EQUIPMENT.
187 INTEGRATED FAMILY OF 49,437 36,937
TEST EQUIPMENT
(IFTE).
Prior year [-12,500]
unobligated funds
available.
188 TEST EQUIPMENT 30,451 30,451
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
189 RAPID EQUIPPING 4,923 4,923
SOLDIER SUPPORT
EQUIPMENT.
190 PHYSICAL SECURITY 69,316 19,606
SYSTEMS (OPA3).
Prior year [-49,710]
unobligated funds
available.
191 BASE LEVEL COMMON 1,591 1,591
EQUIPMENT.
192 MODIFICATION OF IN- 72,271 72,271
SVC EQUIPMENT (OPA-
3).
193 PRODUCTION BASE 2,325 2,325
SUPPORT (OTH).
194 SPECIAL EQUIPMENT FOR 17,411 17,411
USER TESTING.
195 AMC CRITICAL ITEMS 34,500 34,500
OPA3.
196 TRACTOR YARD......... 3,740 3,740
197 BCT UNMANNED GROUND 24,805 24,805
VEHICLE.
198 BCT TRAINING/ 149,308 26,008
LOGISTICS/MANAGEMENT.
Program [-123,300]
cancelation.
199 BCT TRAINING/ 57,103 0
LOGISTICS/MANAGEMENT
INC 2.
Program [-57,103]
cancelation.
200 BCT UNMANNED GROUND 11,924 0
VEHICLE INC 2.
Program [-11,924]
cancelation.
OPA2
201 INITIAL SPARES - C&E. 21,647 21,647
TOTAL OTHER 9,682,592 7,911,714
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 220,634 0
Transfer to OCO: [-220,634]
JIEDDO Operations.
TOTAL JOINT IMPR 220,634 0
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 EA-18G............... 1,079,364 994,596
Avionics PGSE [-36,000]
cost growth.
CFE Electronics [-26,600]
cost growth.
Engine cost [-9,168]
growth.
Other ILS cost [-6,000]
growth.
Reduce [-7,000]
Engineering
Change Orders
(ECO) to fiscal
year 2010 levels.
002 Advance 28,119 28,119
Procurement (CY).
003 F/A-18E/F (FIGHTER) 2,366,752 2,240,184
HORNET.
Armament cost [-2,548]
growth.
CFE Electronics [-15,540]
cost growth.
ECO excess....... [-21,000]
Engine cost [-15,000]
growth.
Government [-4,480]
furnished
equipment engine
cost growth.
Multi-year [-68,000]
procurement
savings.
004 Advance 64,962 63,262
Procurement (CY).
Airframe [-1,700]
termination
liability growth.
005 JOINT STRIKE FIGHTER 1,503,096 1,448,096
CV.
Engineering [-20,000]
change order
carryover.
Logistic support [-5,000]
growth.
Peculiar ground [-30,000]
support equipment
growth.
006 Advance 217,666 109,066
Procurement (CY).
Reduce advance [-108,600]
procurement.
007 JSF STOVL............ 1,141,933 1,141,933
008 Advance 117,229 117,229
Procurement (CY).
009 V-22 (MEDIUM LIFT)... 2,224,817 2,199,317
Reduce ECO....... [-10,500]
Support funding [-15,000]
carryover.
010 Advance 84,008 63,768
Procurement (CY).
[[Page 125 STAT. 1726]]
Advance [-20,240]
procurement
equipment cost
growth.
011 UH-1Y/AH-1Z.......... 700,306 652,561
AH-1Z (new build) [-2,345]
GFE Electronics
cost growth.
AH-1Z [-9,400]
(remanufacture)
airframe cost
growth.
Reduce ECO....... [-6,000]
Unjustified [-30,000]
support increase.
012 Advance 68,310 56,750
Procurement (CY).
Excess advance [-11,560]
procurement.
013 MH-60S (MYP)......... 408,921 400,621
Support funding [-8,300]
carryover.
014 Advance 74,040 74,040
Procurement (CY).
015 MH-60R............... 791,025 775,525
Reduce ECO....... [-4,200]
Support funding [-11,300]
carryover.
016 Advance 209,431 209,431
Procurement (CY).
017 P-8A POSEIDON........ 2,018,851 2,008,851
Support funding [-10,000]
increase.
018 Advance 256,594 244,894
Procurement (CY).
Excess advance [-11,700]
procurement.
019 E-2D ADV HAWKEYE..... 914,892 886,892
Excess funding [-20,000]
reserve.
Support funding [-8,000]
carryover.
020 Advance 157,942 157,942
Procurement (CY).
TRAINER AIRCRAFT
022 JPATS................ 266,906 256,906
Excess ECO....... [-10,000]
OTHER AIRCRAFT
024 KC-130J.............. 87,288 87,288
026 MQ-8 UAV............. 191,986 191,986
027 STUASL0 UAV.......... 12,772 0
Low rate initial [-12,772]
production
contract award
slip.
MODIFICATION OF
AIRCRAFT
029 EA-6 SERIES.......... 27,734 27,734
030 AEA SYSTEMS.......... 34,065 31,765
Air launched [-2,300]
decoy jammer.
031 AV-8 SERIES.......... 30,762 29,162
Non-recurring [-1,600]
installation
funding
unjustified
increase.
032 F-18 SERIES.......... 499,597 425,167
ECP 904 Part 1 [-6,930]
cost growth.
ECP 904 Part 1 [-16,500]
procurement ahead
of need.
Integrated [-20,900]
Logistics Support
excess to need.
OSIP 001-10 ANAV [-1,000]
installation kits
cost growth.
OSIP 011-84 [-9,300]
installation
funds savings.
OSIP 11-99 [-7,000]
installation
funding ahead of
need.
Other support [-12,800]
growth.
033 H-46 SERIES.......... 27,112 24,612
Unjustified [-2,500]
Request.
034 AH-1W SERIES......... 15,828 15,828
035 H-53 SERIES.......... 62,820 60,320
DIRCM Other [-1,000]
support excess.
Kapton wiring [-1,500]
installation kit
cost growth.
036 SH-60 SERIES......... 83,394 83,394
037 H-1 SERIES........... 11,012 8,412
Obsolescence [-2,600]
install
unjustified
growth.
038 EP-3 SERIES.......... 83,181 73,681
Obsolescence ECP [-2,700]
installation
funding growth.
OSIP 11-01 JMOD [-5,100]
obsolescence
carryover.
Other support [-1,700]
growth.
039 P-3 SERIES........... 171,466 170,466
HFIP modification [-1,000]
kit procurement
ahead of need.
040 E-2 SERIES........... 29,215 29,215
041 TRAINER A/C SERIES... 22,090 18,790
Training [-3,300]
equipment growth.
042 C-2A................. 16,302 16,302
043 C-130 SERIES......... 27,139 27,139
044 FLEET EW............. 2,773 1,773
Other support [-1,000]
growth.
[[Page 125 STAT. 1727]]
045 CARGO/TRANSPORT A/C 16,463 16,463
SERIES.
046 E-6 SERIES........... 165,253 148,053
Block I install [-1,200]
cost savings.
Block II FAB-T [-5,200]
non-recurring
engineering early
to need.
OSIP 008-10 [-2,000]
support funding
growth.
OSIP 013-10 [-1,000]
support funding
growth.
Service life [-7,800]
extension program
install early to
need.
047 EXECUTIVE HELICOPTERS 58,011 77,511
SERIES.
Navy requested [24,000]
transfer from
RDT&E, Navy line
98, for VH-3/VH-
60 sustainment.
OSIP 009-02 [-4,500]
excess
installation
funding.
048 SPECIAL PROJECT 12,248 11,048
AIRCRAFT.
Install equipment [-1,200]
nonrecurring
unjustified
growth.
049 T-45 SERIES.......... 57,779 45,779
Avionics [-6,000]
Obsolescence
contract support
growth.
Correction of [-6,000]
Deficiencies
contract support
growth.
050 AIRCRAFT POWER PLANT 21,847 21,847
CHANGES.
051 JPATS SERIES......... 1,524 524
Unobligated [-1,000]
balances.
052 AVIATION LIFE SUPPORT 1,069 1,069
MODS.
053 COMMON ECM EQUIPMENT. 92,072 63,772
DIRCM A kit [-2,800]
savings.
IDECM Block IV [-25,500]
concurrency.
054 COMMON AVIONICS 147,093 136,293
CHANGES.
CNS/ATM Other [-8,800]
support growth.
OSIP 01-02 other [-2,000]
support growth.
056 ID SYSTEMS........... 37,330 32,030
Other support [-5,300]
growth.
057 P-8 SERIES........... 2,930 0
P-8 modifications [-2,930]
ahead of need.
058 MAGTF EW FOR AVIATION 489 489
059 RQ-7 SERIES.......... 11,419 0
TCDL contract [-11,419]
delay.
060 V-22 (TILT/ROTOR 60,264 55,764
ACFT) OSPREY.
Deficiencies [-2,500]
modifications
other support
growth.
Reliability [-2,000]
modifications
other support
growth.
AIRCRAFT SPARES AND
REPAIR PARTS
061 SPARES AND REPAIR 1,331,961 1,163,294
PARTS.
E-2D initial [-8,700]
spares cost
growth.
F/A-18E/F initial [-23,967]
spares cost
growth.
F-35 initial [-100,000]
spares execution.
P-8A initial [-36,000]
spares execution.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 351,685 363,685
EQUIPMENT.
Transfer from PE [12,000]
64273N (RDN 98)
for VH-60 trainer.
063 AIRCRAFT INDUSTRIAL 22,358 22,358
FACILITIES.
064 WAR CONSUMABLES...... 27,300 27,300
065 OTHER PRODUCTION 10,124 10,124
CHARGES.
066 SPECIAL SUPPORT 24,395 21,395
EQUIPMENT.
Unjustified [-3,000]
support increase.
067 FIRST DESTINATION 1,719 1,719
TRANSPORTATION.
TOTAL AIRCRAFT 18,587,033 17,673,534
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,309,102 1,299,102
Support funding [-10,000]
carryover.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 3,492 3,492
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 303,306 297,606
Submarine [-5,700]
capsules cost
growth.
TACTICAL MISSILES
004 AMRAAM............... 188,494 105,119
All Up Round [-83,375]
Missile contract
delay.
005 SIDEWINDER........... 47,098 42,198
Excess Block II [-4,900]
support.
[[Page 125 STAT. 1728]]
006 JSOW................. 137,722 131,722
All Up Round [-6,000]
Missile cost
growth.
007 STANDARD MISSILE..... 420,324 356,878
Installation and [-1,900]
check out funding
growth.
Support funding [-3,500]
growth.
Unit Cost [-58,046]
efficiencies.
008 RAM.................. 66,197 66,197
009 HELLFIRE............. 22,703 22,703
011 AERIAL TARGETS....... 46,359 46,359
012 OTHER MISSILE SUPPORT 3,561 3,561
MODIFICATION OF
MISSILES
013 ESSM................. 48,486 48,486
014 HARM MODS............ 73,061 71,561
Production [-1,500]
support growth.
SUPPORT EQUIPMENT &
FACILITIES
016 WEAPONS INDUSTRIAL 1,979 1,979
FACILITIES.
017 FLEET SATELLITE COMM 238,215 238,215
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
019 ORDNANCE SUPPORT 52,255 52,255
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
020 ASW TARGETS.......... 31,803 31,803
MOD OF TORPEDOES AND
RELATED EQUIP
021 MK-54 TORPEDO MODS... 78,045 76,605
MK-54 array cost [-1,440]
growth.
022 MK-48 TORPEDO ADCAP 42,493 42,493
MODS.
023 QUICKSTRIKE MINE..... 5,770 5,770
023A UNDISTRIBUTED........ 0
SUPPORT EQUIPMENT
024 TORPEDO SUPPORT 43,003 43,003
EQUIPMENT.
025 ASW RANGE SUPPORT.... 9,219 9,219
DESTINATION
TRANSPORTATION
026 FIRST DESTINATION 3,553 3,553
TRANSPORTATION.
GUNS AND GUN MOUNTS
027 SMALL ARMS AND 15,037 15,037
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
028 CIWS MODS............ 37,550 37,550
029 COAST GUARD WEAPONS.. 17,525 9,179
MK-110 57MM [-8,346]
contract delay.
030 GUN MOUNT MODS....... 43,957 43,957
032 CRUISER MODERNIZATION 50,013 50,013
WEAPONS.
033 AIRBORNE MINE 12,203 12,203
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
035 SPARES AND REPAIR 55,953 49,614
PARTS.
CIWS [-6,339]
replenishment
spares execution.
TOTAL WEAPONS 3,408,478 3,217,432
PROCUREMENT,
NAVY.
SHIPBUILDING &
CONVERSION, NAVY
OTHER WARSHIPS
002 CARRIER REPLACEMENT 554,798 554,798
PROGRAM.
003 VIRGINIA CLASS 3,232,215 3,221,314
SUBMARINE.
Exterior [-1,000]
Communications
System other cost
unjustfied growth.
Propulsor cost [-5,538]
growth.
Sonar hardware [-4,363]
pricing cost
growth.
004 VIRGINIA CLASS 1,524,761 1,461,361
SUBMARINE.
Nuclear long lead [-63,400]
CFE advance
procurement cost
growth.
006 CVN REFUELING 529,652 529,652
OVERHAULS.
008 DDG 1000............. 453,727 453,727
009 DDG-51............... 1,980,709 1,980,709
010 Advance 100,723 100,723
Procurement (CY).
011 LITTORAL COMBAT SHIP. 1,802,093 1,755,093
Basic [-47,000]
construction cost
growth.
AMPHIBIOUS SHIPS
013 LPD-17............... 1,847,444 1,837,444
Excess ECO [-10,000]
funding.
015 LHA REPLACEMENT...... 2,018,691 1,999,191
MK-12 IFF pricing [-1,000]
[[Page 125 STAT. 1729]]
RAM logistics [-5,500]
pricing.
SLQ-32(V)2 [-5,000]
pricing.
SPQ-9B radar [-1,000]
pricing.
SPS-48 radar [-2,000]
pricing.
SSDS support [-5,000]
pricing.
017 JOINT HIGH SPEED 185,106 372,332
VESSEL.
Transfer from [187,226]
OP,A line 174 per
Army and Navy
Memorandum of
Agreement.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 OCEANOGRAPHIC SHIPS.. 89,000 89,000
019 MOORED TRAINING SHIP. 155,200 131,200
Excess advance [-24,000]
procurement.
020 OUTFITTING........... 292,871 270,639
CVN-71 outfitting [-5,000]
phasing.
DDG-1001 and 1002 [-1,750]
outfitting
phasing.
LCS-5 outfitting [-2,000]
phasing.
LCS-6 outfitting [-2,000]
phasing.
LCS-7 outfitting [-782]
phasing.
SSN-782 post [-4,700]
delivery phasing.
SSN-785 [-6,000]
outfitting
phasing.
021 SERVICE CRAFT........ 3,863 3,863
022 LCAC SLEP............ 84,076 84,076
023 COMPLETION OF PY 73,992 73,992
SHIPBUILDING
PROGRAMS.
TOTAL 14,928,921 14,919,114
SHIPBUILDING &
CONVERSION, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 64,766 63,666
BLU-109 cost [-1,100]
growth.
003 AIRBORNE ROCKETS, ALL 38,264 23,264
TYPES.
MK-182 warhead [-3,500]
exceeds
production rate.
MK-66 rocket [-10,500]
motor cost growth.
Support funding [-1,000]
carryover.
004 MACHINE GUN 17,788 17,788
AMMUNITION.
005 PRACTICE BOMBS....... 35,289 35,289
006 CARTRIDGES & CART 49,416 46,716
ACTUATED DEVICES.
Initiator and [-2,700]
Impulse cartridge
unit cost growth.
007 AIR EXPENDABLE 60,677 60,677
COUNTERMEASURES.
008 JATOS................ 2,766 2,766
009 5 INCH/54 GUN 19,006 10,901
AMMUNITION.
Excess prior year [-7,105]
multi-option fuze
support funding.
Support funding [-1,000]
carryover.
010 INTERMEDIATE CALIBER 19,320 1,112
GUN AMMUNITION.
MK295 cartridge [-18,208]
contract delay.
011 OTHER SHIP GUN 21,938 19,018
AMMUNITION.
Production [-2,920]
engineering
growth.
012 SMALL ARMS & LANDING 51,819 46,039
PARTY AMMO.
A131 complete [-2,500]
rounds cost
growth.
A576 LAP kit cost [-2,080]
growth.
Production [-1,200]
engineering
growth.
013 PYROTECHNIC AND 10,199 10,199
DEMOLITION.
014 AMMUNITION LESS THAN 4,107 4,107
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 58,812 58,812
016 LINEAR CHARGES, ALL 21,434 17,660
TYPES.
M913 LAP kit [-3,774]
contract delay.
017 40 MM, ALL TYPES..... 84,864 80,664
B542 LAP kit cost [-4,200]
growth.
018 60MM, ALL TYPES...... 937 937
019 81MM, ALL TYPES...... 26,324 18,100
M913 LAP kit [-8,224]
contract delay.
020 120MM, ALL TYPES..... 9,387 9,387
021 CTG 25MM, ALL TYPES.. 3,889 3,889
022 GRENADES, ALL TYPES.. 13,452 13,452
023 ROCKETS, ALL TYPES... 15,556 12,463
C995 late [-3,093]
contract award.
024 ARTILLERY, ALL TYPES. 42,526 22,526
[[Page 125 STAT. 1730]]
TNT flake cost [-20,000]
growth.
025 DEMOLITION MUNITIONS, 22,786 22,786
ALL TYPES.
026 FUZE, ALL TYPES...... 9,266 9,266
027 NON LETHALS.......... 2,927 2,927
028 AMMO MODERNIZATION... 8,557 8,557
029 ITEMS LESS THAN $5 3,880 3,880
MILLION.
TOTAL 719,952 626,848
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 LM-2500 GAS TURBINE.. 13,794 13,794
002 ALLISON 501K GAS 8,643 8,643
TURBINE.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 22,982 20,582
EQUIPMENT.
ECDIS-N [-1,000]
installation
funding carryover.
Support funding [-1,400]
carryover.
PERISCOPES
004 SUB PERISCOPES & 60,860 57,033
IMAGING EQUIP.
ISIS capability [-3,827]
insertion
procurement ahead
of need.
OTHER SHIPBOARD
EQUIPMENT
005 DDG MOD.............. 119,522 117,522
Engineering [-2,000]
services
carryover.
006 FIREFIGHTING 17,637 17,637
EQUIPMENT.
007 COMMAND AND CONTROL 3,049 3,049
SWITCHBOARD.
008 POLLUTION CONTROL 22,266 22,266
EQUIPMENT.
009 SUBMARINE SUPPORT 15,892 14,122
EQUIPMENT.
SSTG governor [-1,770]
procurement ahead
of need.
010 VIRGINIA CLASS 100,693 93,487
SUPPORT EQUIPMENT.
ISEA labs growth. [-2,100]
SCS modernization [-2,106]
backfit funding
ahead of need.
Technology [-3,000]
insertion/
technology
refresh growth.
011 SUBMARINE BATTERIES.. 42,296 42,296
012 STRATEGIC PLATFORM 25,228 25,228
SUPPORT EQUIP.
013 DEEP SUBMERGENCE 2,600 2,600
SYSTEMS.
014 CG MODERNIZATION..... 590,349 573,349
Engineering [-6,000]
services
carryover.
Shore Site [-11,000]
Upgrades--
Excessive Growth.
016 UNDERWATER EOD 18,499 17,499
PROGRAMS.
Support funding [-1,000]
carryover.
017 ITEMS LESS THAN $5 113,809 93,401
MILLION.
AS-39 [-3,369]
modernization
traveling crane
funding
previously
appropriated.
Auto Voltage [-3,480]
Regulators--Ahead
of Need.
LCS Waterjet [-10,859]
Impellers--No
Longer Required.
Machalts growth.. [-2,700]
018 CHEMICAL WARFARE 5,508 5,508
DETECTORS.
019 SUBMARINE LIFE 13,397 13,397
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
020 REACTOR POWER UNITS.. 436,838 436,838
021 REACTOR COMPONENTS... 271,600 271,600
OCEAN ENGINEERING
022 DIVING AND SALVAGE 11,244 9,644
EQUIPMENT.
Outfitting [-1,600]
equipment package
cost growth.
SMALL BOATS
023 STANDARD BOATS....... 39,793 33,653
7M RIB contract [-4,140]
delay.
Medium sized [-2,000]
force protection
boats cost growth.
TRAINING EQUIPMENT
024 OTHER SHIPS TRAINING 29,913 29,913
EQUIPMENT.
PRODUCTION FACILITIES
EQUIPMENT
025 OPERATING FORCES IPE. 54,642 54,642
OTHER SHIP SUPPORT
026 NUCLEAR ALTERATIONS.. 144,175 144,175
027 LCS MODULES.......... 79,583 63,448
AN/AQS-20A-- [-8,920]
Contract Delay.
Engineering [-4,715]
change proposal
growth.
Production [-2,500]
Support--Excess
to Need.
[[Page 125 STAT. 1731]]
LOGISTIC SUPPORT
028 LSD MIDLIFE.......... 143,483 132,733
Air conditioner [-2,000]
plant upgrades
installation
ahead of need.
RO desalinater [-6,750]
units
installation
funding ahead of
need.
Steering control [-2,000]
upgrade
installation
funding ahead of
need.
SHIP RADARS
029 RADAR SUPPORT........ 18,818 10,618
Excess ECO [-1,800]
funding.
Radar procurement [-6,400]
ahead of need.
SHIP SONARS
030 SPQ-9B RADAR......... 24,613 18,236
Radar procurement [-6,377]
ahead of need.
031 AN/SQQ-89 SURF ASW 73,829 71,771
COMBAT SYSTEM.
Sonar upgrade [-2,058]
cost growth.
032 SSN ACOUSTICS........ 212,913 212,913
033 UNDERSEA WARFARE 29,686 25,686
SUPPORT EQUIPMENT.
Mission [-4,000]
integration
installation
funding ahead of
need.
034 SONAR SWITCHES AND 13,537 13,537
TRANSDUCERS.
035 ELECTRONIC WARFARE 18,141 16,841
MILDEC.
ICADS cost growth [-1,300]
ASW ELECTRONIC
EQUIPMENT
036 SUBMARINE ACOUSTIC 20,554 20,554
WARFARE SYSTEM.
037 SSTD................. 2,257 1,257
Excess support [-1,000]
funding.
038 FIXED SURVEILLANCE 60,141 60,141
SYSTEM.
039 SURTASS.............. 29,247 25,547
ICP installation [-1,500]
funding ahead of
need.
Integrated Common [-2,200]
Processor [ICP]
Procurement--
Ahead of Need.
040 MARITIME PATROL AND 13,453 13,453
RECONNAISANCE FORCE.
040A UNDISTRIBUTED........ 0
ELECTRONIC WARFARE
EQUIPMENT
041 AN/SLQ-32............ 43,096 39,902
Block 1B3 Units-- [-3,194]
No Longer
Required.
RECONNAISSANCE
EQUIPMENT
042 SHIPBOARD IW EXPLOIT. 103,645 100,745
Paragon Systems-- [-2,900]
Change to
Procurement
Strategy.
043 AUTOMATED 1,364 1,364
IDENTIFICATION
SYSTEM (AIS).
SUBMARINE
SURVEILLANCE
EQUIPMENT
044 SUBMARINE SUPPORT 100,793 89,241
EQUIPMENT PROG.
ICADF antenna [-7,286]
installation
delay.
Support funding [-2,000]
carryover.
Tech and [-2,266]
capability
insertion
procurement ahead
of need.
OTHER SHIP ELECTRONIC
EQUIPMENT
045 COOPERATIVE 23,332 19,332
ENGAGEMENT
CAPABILITY.
PAAA Backfit [-2,000]
Installation
Funding--No
Longer Required.
Signal Data [-2,000]
Processors
Backfits--Ahead
of Need.
046 TRUSTED INFORMATION 426 426
SYSTEM (TIS).
047 NAVAL TACTICAL 33,017 33,017
COMMAND SUPPORT
SYSTEM (NTCSS).
048 ATDLS................ 942 942
049 NAVY COMMAND AND 7,896 7,896
CONTROL SYSTEM
(NCCS).
050 MINESWEEPING SYSTEM 27,868 27,868
REPLACEMENT.
051 SHALLOW WATER MCM.... 1,048 1,048
052 NAVSTAR GPS RECEIVERS 9,926 9,926
(SPACE).
053 AMERICAN FORCES RADIO 4,370 4,370
AND TV SERVICE.
054 STRATEGIC PLATFORM 4,143 4,143
SUPPORT EQUIP.
TRAINING EQUIPMENT
055 OTHER TRAINING 45,989 35,189
EQUIPMENT.
COTS obsolescence [-10,800]
excessive growth.
AVIATION ELECTRONIC
EQUIPMENT
056 MATCALS.............. 8,136 13,368
Radar upgrade [7,232]
transfer from
Title XV.
Support funding [-2,000]
carryover.
057 SHIPBOARD AIR TRAFFIC 7,394 7,394
CONTROL.
058 AUTOMATIC CARRIER 18,518 17,018
LANDING SYSTEM.
ECO growth....... [-1,500]
059 NATIONAL AIR SPACE 26,054 24,581
SYSTEM.
[[Page 125 STAT. 1732]]
Digital Airport [-1,473]
Surveillance
Radar cost growth.
060 FLEET AIR TRAFFIC 7,213 7,213
CONTROL SYSTEMS.
061 LANDING SYSTEMS...... 7,138 7,138
062 ID SYSTEMS........... 33,170 31,470
Mark XII Mode 5-- [-1,700]
Ahead of Need.
063 NAVAL MISSION 8,941 8,941
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
064 DEPLOYABLE JOINT 8,994 8,994
COMMAND AND CONT.
065 MARITIME INTERGRATED 13,529 13,529
BROADCAST SYSTEM.
066 TACTICAL/MOBILE C4I 12,776 10,876
SYSTEMS.
Tactical/Mobile [-1,900]
C4I Systems
Increment 2.1
Ahead of Need.
067 DCGS-N............... 11,201 11,201
068 CANES................ 195,141 96,088
Installation [-7,153]
ahead of need.
Support funding [-2,300]
carryover.
Transfer to PE [-12,000]
33138N (RDN 201)
per USN request.
Transfer to Ship [-77,600]
Communications
Automation (OPN
76) per USN
request.
069 RADIAC............... 6,201 6,201
070 CANES-INTELL......... 75,084 72,313
Installation [-2,771]
ahead of need.
071 ELECTRONIC TEST 6,010 6,010
EQUIPMENT.
072 INTEG COMBAT SYSTEM 4,441 4,441
TEST FACILITY.
073 EMI CONTROL 4,741 4,741
INSTRUMENTATION.
074 ITEMS LESS THAN $5 51,716 42,416
MILLION.
SPS-48 radar cost [-2,500]
growth.
SPS-48 radar [-6,800]
upgrade
procurement ahead
of need.
SHIPBOARD
COMMUNICATIONS
075 SHIPBOARD TACTICAL 26,197 1,494
COMMUNICATIONS.
JTRS AMF--Program [-24,703]
Delay.
076 SHIP COMMUNICATIONS 177,510 255,110
AUTOMATION.
Transfer from [77,600]
CANES (OPN 68)
per USN request.
077 MARITIME DOMAIN 24,022 24,022
AWARENESS (MDA).
078 COMMUNICATIONS ITEMS 33,644 27,544
UNDER $5M.
BFTN-- [-2,800]
Installations
Ahead of Need.
HMS Radios-- [-3,300]
Contract Delays.
SUBMARINE
COMMUNICATIONS
079 SUBMARINE BROADCAST 10,357 10,357
SUPPORT.
080 SUBMARINE 75,447 74,047
COMMUNICATION
EQUIPMENT.
Support funding [-1,400]
carryover.
SATELLITE
COMMUNICATIONS
081 SATELLITE 25,522 25,522
COMMUNICATIONS
SYSTEMS.
082 NAVY MULTIBAND 109,022 107,242
TERMINAL (NMT).
Submarine [-1,780]
terminal cost
growth.
SHORE COMMUNICATIONS
083 JCS COMMUNICATIONS 2,186 2,186
EQUIPMENT.
084 ELECTRICAL POWER 1,329 1,329
SYSTEMS.
085 NAVAL SHORE 2,418 2,418
COMMUNICATIONS.
CRYPTOGRAPHIC
EQUIPMENT
086 INFO SYSTEMS SECURITY 119,857 109,394
PROGRAM (ISSP).
EKMS Afloat--KMI [-2,074]
Ahead of Need.
Excess [-3,789]
installation
funding.
VACM Program [-4,600]
Delay.
CRYPTOLOGIC EQUIPMENT
087 CRYPTOLOGIC 14,820 14,820
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
088 COAST GUARD EQUIPMENT 6,848 6,848
DRUG INTERDICTION
SUPPORT
089 OTHER DRUG 2,290 2,290
INTERDICTION SUPPORT.
SONOBUOYS
090 SONOBUOYS--ALL TYPES. 96,314 94,814
AN/SSQ-110 cost [-1,500]
growth.
AIRCRAFT SUPPORT
EQUIPMENT
091 WEAPONS RANGE SUPPORT 40,697 37,697
EQUIPMENT.
Threat [-3,000]
presentation
program growth.
092 EXPEDITIONARY 8,561 8,561
AIRFIELDS.
093 AIRCRAFT REARMING 8,941 5,587
EQUIPMENT.
[[Page 125 STAT. 1733]]
Munitions trailer [-2,354]
contract delay.
Ordnance trailer [-1,000]
contract delay.
094 AIRCRAFT LAUNCH & 19,777 19,777
RECOVERY EQUIPMENT.
095 METEOROLOGICAL 22,003 19,478
EQUIPMENT.
Meteorological [-2,525]
Mobile Facility
(Replacement)
Next Generation
contract delay.
096 DIGITAL CAMERA 1,595 1,595
RECEIVING STATION.
097 AVIATION LIFE SUPPORT 66,031 60,919
Flight deck [-5,112]
cranial cost
growth.
098 AIRBORNE MINE 49,668 33,515
COUNTERMEASURES.
AN/AQS-20A-- [-6,903]
Contract Delay.
Production line [-9,250]
set up excess
funding.
099 LAMPS MK III 18,471 12,908
SHIPBOARD EQUIPMENT.
Modification kit [-5,563]
procurement ahead
of need.
100 PORTABLE ELECTRONIC 7,875 7,875
MAINTENANCE AIDS.
101 OTHER AVIATION 12,553 12,553
SUPPORT EQUIPMENT.
SHIP GUN SYSTEM
EQUIPMENT
102 NAVAL FIRES CONTROL 2,049 2,049
SYSTEM.
103 GUN FIRE CONTROL 4,488 4,488
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 NATO SEASPARROW...... 8,926 8,926
105 RAM GMLS............. 4,321 3,128
Installation [-1,193]
funding ahead of
need.
106 SHIP SELF DEFENSE 60,700 54,324
SYSTEM.
SSDS COTS [-6,376]
Conversion Kits
Ahead of Need.
107 AEGIS SUPPORT 43,148 43,148
EQUIPMENT.
108 TOMAHAWK SUPPORT 72,861 70,261
EQUIPMENT.
Support funding [-2,600]
carryover.
109 VERTICAL LAUNCH 732 732
SYSTEMS.
110 MARITIME INTEGRATED 4,823 4,823
PLANNING SYSTEM-MIPS.
FBM SUPPORT EQUIPMENT
111 STRATEGIC MISSILE 187,807 187,807
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
112 SSN COMBAT CONTROL 81,596 89,096
SYSTEMS.
Naval [7,500]
Intelligence
Fusion Tool
transfer from
Title XV.
113 SUBMARINE ASW SUPPORT 5,241 5,241
EQUIPMENT.
114 SURFACE ASW SUPPORT 5,816 5,816
EQUIPMENT.
115 ASW RANGE SUPPORT 7,842 7,842
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 98,847 96,947
DISPOSAL EQUIP.
Product [-1,900]
improvement
funding growth.
117 ITEMS LESS THAN $5 4,073 4,073
MILLION.
OTHER EXPENDABLE
ORDNANCE
118 ANTI-SHIP MISSILE 32,716 32,716
DECOY SYSTEM.
119 SURFACE TRAINING 5,814 5,814
DEVICE MODS.
120 SUBMARINE TRAINING 36,777 36,777
DEVICE MODS.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
121 PASSENGER CARRYING 6,271 4,771
VEHICLES.
Non-SOCOM related [-1,500]
contract delays.
122 GENERAL PURPOSE 3,202 3,202
TRUCKS.
123 CONSTRUCTION & 9,850 9,850
MAINTENANCE EQUIP.
124 FIRE FIGHTING 14,315 14,315
EQUIPMENT.
125 TACTICAL VEHICLES.... 16,502 16,502
126 AMPHIBIOUS EQUIPMENT. 3,235 3,235
127 POLLUTION CONTROL 7,175 7,175
EQUIPMENT.
128 ITEMS UNDER $5 20,727 10,727
MILLION.
Contract Delays.. [-10,000]
129 PHYSICAL SECURITY 1,142 1,142
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
130 MATERIALS HANDLING 14,972 9,972
EQUIPMENT.
Contract Delays.. [-5,000]
131 OTHER SUPPLY SUPPORT 4,453 4,453
EQUIPMENT.
132 FIRST DESTINATION 6,416 6,416
TRANSPORTATION.
133 SPECIAL PURPOSE 51,894 51,894
SUPPLY SYSTEMS (IT).
TRAINING DEVICES
134 TRAINING SUPPORT 16,353 16,353
EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
[[Page 125 STAT. 1734]]
135 COMMAND SUPPORT 28,693 26,321
EQUIPMENT.
SPAWAR--Excess to [-1,000]
Need.
US Fleet Forces [-1,372]
equipment growth.
136 EDUCATION SUPPORT 2,197 2,197
EQUIPMENT.
137 MEDICAL SUPPORT 7,175 4,175
EQUIPMENT.
Medical and [-3,000]
dental outfitting
kit cost growth.
138 NAVAL MIP SUPPORT 1,457 1,457
EQUIPMENT.
140 OPERATING FORCES 15,330 15,330
SUPPORT EQUIPMENT.
141 C4ISR EQUIPMENT...... 136 136
142 ENVIRONMENTAL SUPPORT 18,639 18,639
EQUIPMENT.
143 PHYSICAL SECURITY 177,240 177,240
EQUIPMENT.
144 ENTERPRISE 143,022 143,022
INFORMATION
TECHNOLOGY.
CLASSIFIED PROGRAMS
148A CLASSIFIED PROGRAMS.. 14,402 14,402
SPARES AND REPAIR
PARTS
149 SPARES AND REPAIR 208,384 208,384
PARTS.
TOTAL OTHER 6,285,451 5,993,175
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 9,894 9,894
002 LAV PIP.............. 147,051 147,051
ARTILLERY AND OTHER
WEAPONS
003 EXPEDITIONARY FIRE 11,961 11,961
SUPPORT SYSTEM.
004 155MM LIGHTWEIGHT 5,552 5,552
TOWED HOWITZER.
005 HIGH MOBILITY 14,695 14,695
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 14,868 14,868
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 53,932 53,932
008 WEAPONS ENHANCEMENT 13,795 13,795
PROGRAM.
GUIDED MISSILES
009 GROUND BASED AIR 12,287 12,287
DEFENSE.
011 FOLLOW ON TO SMAW.... 46,563 46,563
012 ANTI-ARMOR WEAPONS 19,606 19,606
SYSTEM-HEAVY (AAWS-
H).
OTHER SUPPORT
013 MODIFICATION KITS.... 4,140 4,140
COMMAND AND CONTROL
SYSTEMS
014 UNIT OPERATIONS 16,755 16,755
CENTER.
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 24,071 24,071
EQUIPMENT.
OTHER SUPPORT (TEL)
016 COMBAT SUPPORT SYSTEM 25,461 25,461
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 5,926 5,926
MILLION (COMM &
ELEC).
019 AIR OPERATIONS C2 44,152 44,152
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 40,352 40,352
INTELL/COMM EQUIPMENT
(NON-TEL)
021 FIRE SUPPORT SYSTEM.. 8,793 4,470
Excess to need... [-4,323]
022 INTELLIGENCE SUPPORT 64,276 64,276
EQUIPMENT.
024 RQ-11 UAV............ 2,104 2,104
025 DCGS-MC.............. 10,789 10,789
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
028 NIGHT VISION 6,847 6,847
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
029 COMMON COMPUTER 218,869 218,869
RESOURCES.
030 COMMAND POST SYSTEMS. 84,856 84,856
031 RADIO SYSTEMS........ 89,479 79,770
Equipment upgrade [1,000]
for CBNIRF (UFR).
Marine Corps [-10,709]
recommendation.
032 COMM SWITCHING & 16,598 16,598
CONTROL SYSTEMS.
033 COMM & ELEC 47,505 47,505
INFRASTRUCTURE
SUPPORT.
CLASSIFIED PROGRAMS
033A CLASSIFIED PROGRAMS.. 1,606 1,606
ADMINISTRATIVE
VEHICLES
034 COMMERCIAL PASSENGER 894 894
VEHICLES.
[[Page 125 STAT. 1735]]
035 COMMERCIAL CARGO 14,231 14,231
VEHICLES.
TACTICAL VEHICLES
037 MOTOR TRANSPORT 8,389 8,389
MODIFICATIONS.
038 MEDIUM TACTICAL 5,833 5,833
VEHICLE REPLACEMENT.
039 LOGISTICS VEHICLE 972 972
SYSTEM REP.
040 FAMILY OF TACTICAL 21,848 21,848
TRAILERS.
OTHER SUPPORT
042 ITEMS LESS THAN $5 4,503 4,503
MILLION.
ENGINEER AND OTHER
EQUIPMENT
043 ENVIRONMENTAL CONTROL 2,599 2,599
EQUIP ASSORT.
044 BULK LIQUID EQUIPMENT 16,255 16,255
045 TACTICAL FUEL SYSTEMS 26,853 26,853
046 POWER EQUIPMENT 27,247 27,247
ASSORTED.
047 AMPHIBIOUS SUPPORT 5,533 5,533
EQUIPMENT.
048 EOD SYSTEMS.......... 61,753 61,753
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 16,627 16,627
EQUIPMENT.
050 GARRISON MOBILE 10,827 10,827
ENGINEER EQUIPMENT
(GMEE).
051 MATERIAL HANDLING 37,055 37,055
EQUIP.
052 FIRST DESTINATION 1,462 1,462
TRANSPORTATION.
GENERAL PROPERTY
053 FIELD MEDICAL 24,079 24,079
EQUIPMENT.
054 TRAINING DEVICES..... 10,277 10,277
055 CONTAINER FAMILY..... 3,123 3,123
056 FAMILY OF 18,137 18,137
CONSTRUCTION
EQUIPMENT.
059 RAPID DEPLOYABLE 5,026 5,026
KITCHEN.
OTHER SUPPORT
060 ITEMS LESS THAN $5 5,206 5,206
MILLION.
SPARES AND REPAIR
PARTS
061 SPARES AND REPAIR 90 90
PARTS.
TOTAL 1,391,602 1,377,570
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 3,340,615 3,189,615
Reduce by one [-151,000]
aircraft.
002 Advance 323,477 228,977
Procurement (CY).
Reduce advance [-94,500]
procurement.
003 F-22A................ 104,118 104,118
OTHER AIRLIFT
005 C-130J............... 72,879 72,879
007 HC-130J.............. 332,899 332,899
009 MC-130J.............. 582,466 582,466
013 C-27J................ 479,896 479,896
UPT TRAINERS
015 USAFA POWERED FLIGHT 1,060 1,060
PROGRAM.
HELICOPTERS
017 COMMON VERTICAL LIFT 52,800 52,800
SUPPORT.
019 V22 OSPREY........... 339,865 339,865
020 Advance 20,000 20,000
Procurement (CY).
MISSION SUPPORT
AIRCRAFT
023 CIVIL AIR PATROL A/C. 2,190 2,190
024 HH-60M............... 104,711 104,711
025 LIGHT ATTACK ARMED 158,549 115,049
RECON ACFT.
Reduction of [-43,500]
three aircraft.
OTHER AIRCRAFT
029 TARGET DRONES........ 64,268 59,268
Slow execution... [-5,000]
030 C-37A................ 77,842 77,842
031 RQ-4................. 323,964 323,964
032 Advance 71,500 71,500
Procurement (CY).
033 MC 130............... 108,470 108,470
034 MQ-9................. 813,092 0
ASIP 2C early to [-29,500]
need.
Block 5 to Block [-64,000]
1 adjustment.
Transfer to OCO.. [-719,592]
STRATEGIC AIRCRAFT
[[Page 125 STAT. 1736]]
035 B-2A................. 41,315 31,015
Excess to need... [-10,300]
036 B-1B................. 198,007 198,007
037 B-52................. 93,897 93,897
TACTICAL AIRCRAFT
038 A-10................. 153,128 12,528
Program reduction- [-140,600]
-Wing replacement
program.
039 F-15................. 222,386 208,386
Early to need-- [-14,000]
Mode 5 IFF.
040 F-16................. 73,346 56,746
Mode 5 [-16,600]
procurement ahead
of need.
041 F-22A................ 232,032 232,032
AIRLIFT AIRCRAFT
043 C-5.................. 11,741 11,741
045 C-5M................. 851,859 851,859
046 Advance 112,200 112,200
Procurement (CY).
047 C-9C................. 9 9
048 C-17A................ 202,179 202,179
049 C-21................. 328 328
050 C-32A................ 12,157 1,757
Program reduction- [-10,400]
-SLC3S--A.
051 C-37A................ 21,986 486
Program reduction- [-21,500]
-SLC3S--A.
052 C-130 AMP............ 235,635 208,135
Early to need-- [-27,500]
kit installs.
TRAINER AIRCRAFT
053 GLIDER MODS.......... 123 123
054 T-6.................. 15,086 15,086
055 T-1.................. 238 238
056 T-38................. 31,032 31,032
OTHER AIRCRAFT
057 KC-10A (ATCA)........ 27,220 9,820
Early to need-- [-17,400]
CNS/ATM.
058 C-12................. 1,777 1,777
059 MC-12W............... 16,767 16,767
060 C-20 MODS............ 241 241
061 VC-25A MOD........... 387 387
062 C-40................. 206 206
063 C-130................ 45,876 56,276
Transfer per Air [10,400]
Force Request
from RDAF-81.
064 C-130 INTEL.......... 3,593 3,593
065 C-130J MODS.......... 38,174 38,174
066 C-135................ 62,210 62,210
067 COMPASS CALL MODS.... 256,624 256,624
068 RC-135............... 162,211 162,211
069 E-3.................. 135,031 135,031
070 E-4.................. 57,829 57,829
071 E-8.................. 29,058 29,058
072 H-1.................. 5,280 5,280
073 H-60................. 34,371 34,371
074 RQ-4 MODS............ 89,177 89,177
075 HC/MC-130 431 10,831
MODIFICATIONS.
Transfer from PE [10,400]
65299F (RDAF 81)
per USAF request.
076 OTHER MODIFICATIONS.. 115,338 68,238
Early to need in [-47,100]
FAB-T.
077 MQ-1 MODS............ 158,446 158,446
078 MQ-9 MODS............ 181,302 149,744
Block 5 fielding [-31,558]
early to need.
079 MQ-9 UAS PAYLOADS.... 74,866 74,866
080 CV-22 MODS........... 14,715 14,715
AIRCRAFT SPARES +
REPAIR PARTS
081 FIGHTER/UAV INITIAL 1,030,364 927,364
SPARES/REPAIR PARTS.
Program reduction- [-103,000]
-poor execution.
COMMON SUPPORT
EQUIPMENT
082 AIRCRAFT REPLACEMENT 92,394 90,318
SUPPORT EQUIP.
F-15 ESTS [-2,076]
contract delay.
POST PRODUCTION
SUPPORT
[[Page 125 STAT. 1737]]
083 B-1.................. 4,743 4,743
084 B-2A................. 101 101
085 B-2A................. 49,319 49,319
087 C-5.................. 521 521
089 KC-10A (ATCA)........ 5,691 5,691
090 C-17A................ 183,696 75,115
Transition to [-108,581]
post production.
091 C-130................ 25,646 25,646
093 C-135................ 2,434 2,434
094 F-15................. 2,076 2,076
095 F-16................. 4,537 4,537
097 OTHER AIRCRAFT....... 40,025 23,225
F-16 Block 40/50 [-16,800]
MTC.
INDUSTRIAL
PREPAREDNESS
098 INDUSTRIAL 21,050 21,050
RESPONSIVENESS.
WAR CONSUMABLES
099 WAR CONSUMABLES...... 87,220 0
Transfer to OCO.. [-87,220]
OTHER PRODUCTION
CHARGES
100 OTHER PRODUCTION 1,072,858 1,072,858
CHARGES.
DARP
104 U-2.................. 48,875 48,875
CLASSIFIED PROGRAMS
104A CLASSIFIED PROGRAMS.. 16,502 16,502
UNDISTRIBUTED
105 UNDISTRIBUTED........ 0
TOTAL AIRCRAFT 14,082,527 12,341,600
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 23,919 23,919
CARTRIDGES
002 CARTRIDGES........... 89,771 89,771
BOMBS
003 PRACTICE BOMBS....... 38,756 33,876
BDU-56 C/B-- [-4,880]
Unjustified cost
growth.
004 GENERAL PURPOSE BOMBS 168,557 133,557
BDU-109--Incorrec [-35,000]
t cost estimate.
005 JOINT DIRECT ATTACK 76,649 76,649
MUNITION.
FLARE, IR MJU-7B
006 CAD/PAD.............. 42,410 42,410
007 EXPLOSIVE ORDNANCE 3,119 3,119
DISPOSAL (EOD).
008 SPARES AND REPAIR 998 998
PARTS.
009 MODIFICATIONS........ 1,132 1,132
010 ITEMS LESS THAN 5,075 5,075
$5,000,000.
FUZES
011 FLARES............... 46,749 46,749
012 FUZES................ 34,735 34,735
SMALL ARMS
013 SMALL ARMS........... 7,195 7,195
TOTAL 539,065 499,185
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT -
BALLISTIC
001 MISSILE REPLACEMENT 67,745 67,745
EQ-BALLISTIC.
TACTICAL
002 JASSM................ 236,193 236,193
003 SIDEWINDER (AIM-9X).. 88,769 88,769
004 AMRAAM............... 309,561 202,176
Production [-107,385]
Backlog.
005 PREDATOR HELLFIRE 46,830 46,830
MISSILE.
006 SMALL DIAMETER BOMB.. 7,523 7,523
INDUSTRIAL FACILITIES
007 INDUSTR'L PREPAREDNS/ 726 726
POL PREVENTION.
CLASS IV
008 ADVANCED CRUISE 39 39
MISSILE.
[[Page 125 STAT. 1738]]
009 MM III MODIFICATIONS. 125,953 125,953
010 AGM-65D MAVERICK..... 266 266
011 AGM-88A HARM......... 25,642 25,642
012 AIR LAUNCH CRUISE 14,987 14,987
MISSILE (ALCM).
MISSILE SPARES +
REPAIR PARTS
013 INITIAL SPARES/REPAIR 43,241 43,241
PARTS.
SPACE PROGRAMS
014 ADVANCED EHF......... 552,833 552,833
016 WIDEBAND GAPFILLER 468,745 875,745
SATELLITES(SPACE).
Reduction to [-9,000]
Support Funding
Growth.
Transfer from PDW- [416,000]
20.
018 GPS III SPACE SEGMENT 433,526 433,526
019 Advance 81,811 81,811
Procurement (CY).
020 SPACEBORNE EQUIP 21,568 21,568
(COMSEC).
021 GLOBAL POSITIONING 67,689 67,689
(SPACE).
022 DEF METEOROLOGICAL 101,397 101,397
SAT PROG(SPACE).
023 EVOLVED EXPENDABLE 1,740,222 1,708,222
LAUNCH VEH(SPACE).
Excess to need [-32,000]
due to
efficiencies.
024 SBIR HIGH (SPACE).... 81,389 81,389
025 Advance 243,500 243,500
Procurement (CY).
SPECIAL PROGRAMS
031 SPECIAL UPDATE 154,727 154,727
PROGRAMS.
CLASSIFIED PROGRAMS
031A CLASSIFIED PROGRAMS.. 1,159,135 746,980
Classified [-412,155]
Adjustment.
TOTAL MISSILE 6,074,017 5,929,477
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 5,621 5,621
VEHICLES.
CARGO + UTILITY
VEHICLES
002 MEDIUM TACTICAL 18,411 18,411
VEHICLE.
003 CAP VEHICLES......... 917 917
004 ITEMS LESS THAN 18,694 18,694
$5,000,000 (CARGO.
SPECIAL PURPOSE
VEHICLES
005 SECURITY AND TACTICAL 5,982 85
VEHICLES.
Guardian Angel [-2,941]
Contract Delay.
HMMWV--In Excess [-2,956]
of Need.
006 ITEMS LESS THAN 20,677 20,677
$5,000,000 (SPECIA.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 22,881 22,881
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAT 14,978 14,978
$5,000,000.
BASE MAINTENANCE
SUPPORT
009 RUNWAY SNOW REMOV AND 16,556 16,556
CLEANING EQU.
010 ITEMS LESS THAN $5M 30,225 30,225
BASE MAINT/CONST.
COMM SECURITY
EQUIPMENT(COMSEC)
011 COMSEC EQUIPMENT..... 135,169 135,169
012 MODIFICATIONS 1,263 1,263
(COMSEC).
INTELLIGENCE PROGRAMS
014 INTELLIGENCE TRAINING 2,645 2,645
EQUIPMENT.
015 INTELLIGENCE COMM 21,762 21,762
EQUIPMENT.
016 ADVANCE TECH SENSORS. 899 899
017 MISSION PLANNING 18,529 18,529
SYSTEMS.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 32,473 32,473
LANDING SYS.
019 NATIONAL AIRSPACE 51,426 51,426
SYSTEM.
020 BATTLE CONTROL SYSTEM 32,468 32,468
- FIXED.
021 THEATER AIR CONTROL 22,813 22,813
SYS IMPROVEMEN.
022 WEATHER OBSERVATION 14,619 14,619
FORECAST.
023 STRATEGIC COMMAND AND 39,144 38,144
CONTROL.
JFHQ equipment... [-1,000]
024 CHEYENNE MOUNTAIN 25,992 25,992
COMPLEX.
025 TAC SIGNIT SPT....... 217 217
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 52,263 52,263
TECHNOLOGY.
028 AF GLOBAL COMMAND & 16,951 16,951
CONTROL SYS.
[[Page 125 STAT. 1739]]
029 MOBILITY COMMAND AND 26,433 17,033
CONTROL.
SLICC/Viper II [-7,400]
Excess of Need.
Wing LAN [-2,000]
infrastructure--s
low execution.
030 AIR FORCE PHYSICAL 90,015 90,015
SECURITY SYSTEM.
031 COMBAT TRAINING 23,955 23,955
RANGES.
032 C3 COUNTERMEASURES... 7,518 7,518
033 GCSS-AF FOS.......... 72,641 72,641
034 THEATER BATTLE MGT C2 22,301 22,301
SYSTEM.
035 AIR & SPACE 15,525 15,525
OPERATIONS CTR-WPN
SYS.
AIR FORCE
COMMUNICATIONS
036 INFORMATION TRANSPORT 49,377 49,377
SYSTEMS.
037 BASE INFO 41,239 41,239
INFRASTRUCTURE.
038 AFNET................ 228,978 128,978
Reduce Program [-100,000]
Growth.
039 VOICE SYSTEMS........ 43,603 23,603
Reduce Program [-20,000]
Growth.
040 USCENTCOM- JCSE...... 30,983 30,983
DISA PROGRAMS
041 SPACE BASED IR SENSOR 49,570 49,570
PGM SPACE.
042 NAVSTAR GPS SPACE.... 2,008 2,008
043 NUDET DETECTION SYS 4,863 4,863
SPACE.
044 AF SATELLITE CONTROL 61,386 61,386
NETWORK SPACE.
045 SPACELIFT RANGE 125,947 125,947
SYSTEM SPACE.
046 MILSATCOM SPACE...... 104,720 36,570
Early to need in [-68,150]
FAB-T.
047 SPACE MODS SPACE..... 28,075 28,075
048 COUNTERSPACE SYSTEM.. 20,718 20,718
ORGANIZATION AND BASE
049 TACTICAL C-E 227,866 153,626
EQUIPMENT.
JTC Training and [-17,140]
Rehearsal
Schedule Ahead of
Need.
JTRS AMF [-12,600]
Milestone C Delay.
JTRS Handheld / [-44,500]
Manpack Cost
Increases.
050 COMBAT SURVIVOR 22,184 7,184
EVADER LOCATER.
CSEL Contract [-15,000]
Delay.
051 RADIO EQUIPMENT...... 11,408 11,408
052 CCTV/AUDIOVISUAL 11,559 11,559
EQUIPMENT.
053 BASE COMM 105,977 80,977
INFRASTRUCTURE.
Slow Execution... [-25,000]
MODIFICATIONS
054 COMM ELECT MODS...... 76,810 76,810
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 20,008 1,008
Night Vision [-19,000]
Cueing and
Display Contract
Delay.
056 ITEMS LESS THAN 25,499 12,598
$5,000,000 (SAFETY).
Laser Eye [-5,800]
Protection
Contract Delay.
MACH Early to [-7,101]
Need.
DEPOT PLANT+MTRLS
HANDLING EQ
057 MECHANIZED MATERIAL 37,829 37,829
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
058 BASE PROCURED 16,483 16,483
EQUIPMENT.
059 CONTINGENCY 16,754 16,754
OPERATIONS.
060 PRODUCTIVITY CAPITAL 3,653 903
INVESTMENT.
Unjustified [-2,750]
Program Growth.
061 MOBILITY EQUIPMENT... 30,345 20,345
Power Generation-- [-10,000]
Reduce Growth.
062 ITEMS LESS THAN 2,819 2,819
$5,000,000 (BASE S).
SPECIAL SUPPORT
PROJECTS
064 DARP RC135........... 23,341 23,341
065 DCGS-AF.............. 212,146 212,146
067 SPECIAL UPDATE 410,069 410,069
PROGRAM.
068 DEFENSE SPACE 41,066 41,066
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
068A CLASSIFIED PROGRAMS.. 14,618,160 14,788,852
Classified [170,692]
Adjustment.
SPARES AND REPAIR
PARTS
069 SPARES AND REPAIR 14,630 14,630
PARTS.
TOTAL OTHER 17,602,036 17,409,390
PROCUREMENT, AIR
FORCE.
[[Page 125 STAT. 1740]]
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DCAA
002 ITEMS LESS THAN $5 1,473 1,473
MILLION.
MAJOR EQUIPMENT, DCMA
003 MAJOR EQUIPMENT...... 2,076 2,076
MAJOR EQUIPMENT, DHRA
004 PERSONNEL 11,019 11,019
ADMINISTRATION.
MAJOR EQUIPMENT, DISA
014 INFORMATION SYSTEMS 19,952 19,952
SECURITY.
015 GLOBAL COMMAND AND 5,324 5,324
CONTROL SYSTEM.
016 GLOBAL COMBAT SUPPORT 2,955 2,955
SYSTEM.
017 TELEPORT PROGRAM..... 54,743 54,743
018 ITEMS LESS THAN $5 174,805 174,805
MILLION.
019 NET CENTRIC 3,429 3,429
ENTERPRISE SERVICES
(NCES).
020 DEFENSE INFORMATION 500,932 84,932
SYSTEM NETWORK.
Transfer to MPAF- [-416,000]
16.
021 PUBLIC KEY 1,788 1,788
INFRASTRUCTURE.
022 CYBER SECURITY 24,085 24,085
INITIATIVE.
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT...... 11,537 11,537
MAJOR EQUIPMENT,
DMACT
024 MAJOR EQUIPMENT...... 14,542 14,542
MAJOR EQUIPMENT,
DODEA
025 AUTOMATION/ 1,444 1,444
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DEFENSE SECURITY
COOPERATION AGENCY
026 EQUIPMENT............ 971 971
MAJOR EQUIPMENT, DSS
027 OTHER CAPITAL 974 974
EQUIPMENT.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
028 VEHICLES............. 200 200
029 OTHER MAJOR EQUIPMENT 12,806 12,806
MAJOR EQUIPMENT, DTSA
030 MAJOR EQUIPMENT...... 447 447
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
033 THAAD................ 833,150 709,150
Excess to [-124,000]
production
capacity.
034 AEGIS BMD............ 565,393 565,393
035 BMDS AN/TPY-2 RADARS. 380,195 380,195
MAJOR EQUIPMENT, NSA
043 INFORMATION SYSTEMS 5,787 5,787
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
045 MAJOR EQUIPMENT, OSD. 47,123 47,123
046 MAJOR EQUIPMENT, 20,176 20,176
INTELLIGENCE.
MAJOR EQUIPMENT, TJS
047 MAJOR EQUIPMENT, TJS. 29,729 29,729
MAJOR EQUIPMENT, WHS
048 MAJOR EQUIPMENT, WHS. 31,974 31,974
CLASSIFIED PROGRAMS
048A CLASSIFIED PROGRAMS.. 554,408 541,088
Classified [-13,320]
adjustment.
AVIATION PROGRAMS
049 ROTARY WING UPGRADES 41,411 41,411
AND SUSTAINMENT.
051 MH-60 MODERNIZATION 171,456 145,456
PROGRAM.
Maintain fiscal [-26,000]
year 2011
production rate
due to extended
modification
periods.
052 NON-STANDARD AVIATION 272,623 217,623
AvFID Funding [-45,000]
ahead of need.
AvFID rotary-wing [-10,000]
simulator.
054 U-28................. 5,100 5,100
055 MH-47 CHINOOK........ 142,783 142,783
056 RQ-11 UNMANNED AERIAL 486 486
VEHICLE.
057 CV-22 MODIFICATION... 118,002 118,002
058 MQ-1 UNMANNED AERIAL 3,025 3,025
VEHICLE.
059 MQ-9 UNMANNED AERIAL 3,024 3,024
VEHICLE.
[[Page 125 STAT. 1741]]
060 RQ-7 UNMANNED AERIAL 450 450
VEHICLE.
061 STUASL0.............. 12,276 12,276
062 AC/MC-130J........... 74,891 74,891
063 C-130 MODIFICATIONS.. 19,665 19,665
064 AIRCRAFT SUPPORT..... 6,207 6,207
SHIPBUILDING
065 UNDERWATER SYSTEMS... 6,999 6,999
AMMUNITION PROGRAMS
067 ORDNANCE 116,009 106,009
REPLENISHMENT.
Prior year [-10,000]
funding carryover.
068 ORDNANCE ACQUISITION. 28,281 18,281
Aviation [-10,000]
ammunition--prior
year funding
carryover.
OTHER PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 87,489 150,289
EQUIPMENT AND
ELECTRONICS.
Program Growth... [62,800]
070 INTELLIGENCE SYSTEMS. 74,702 74,702
071 SMALL ARMS AND 9,196 9,196
WEAPONS.
072 DISTRIBUTED COMMON 15,621 15,621
GROUND/SURFACE
SYSTEMS.
076 COMBATANT CRAFT 6,899 66,899
SYSTEMS.
Program Growth... [60,000]
077 SPARES AND REPAIR 594 594
PARTS.
078 TACTICAL VEHICLES.... 33,915 33,915
080 MISSION TRAINING AND 46,242 46,242
PREPARATION SYSTEMS.
081 COMBAT MISSION 50,000 20,000
REQUIREMENTS.
Reduction to [-30,000]
growth.
082 MILCON COLLATERAL 18,723 18,723
EQUIPMENT.
085 AUTOMATION SYSTEMS... 51,232 51,232
086 GLOBAL VIDEO 7,782 7,782
SURVEILLANCE
ACTIVITIES.
087 OPERATIONAL 22,960 22,960
ENHANCEMENTS
INTELLIGENCE.
088 SOLDIER PROTECTION 362 362
AND SURVIVAL SYSTEMS.
089 VISUAL AUGMENTATION 15,758 15,758
LASERS AND SENSOR
SYSTEMS.
090 TACTICAL RADIO 76,459 101,459
SYSTEMS.
Program Increase. [25,000]
093 MISCELLANEOUS 1,895 1,895
EQUIPMENT.
094 OPERATIONAL 246,893 246,893
ENHANCEMENTS.
095 MILITARY INFORMATION 4,142 4,142
SUPPORT OPERATIONS.
CLASSIFIED PROGRAMS
095A CLASSIFIED PROGRAMS.. 4,012 4,012
CBDP
096 INSTALLATION FORCE 15,900 15,900
PROTECTION.
097 INDIVIDUAL PROTECTION 71,376 71,376
098 DECONTAMINATION...... 6,466 6,466
099 JOINT BIO DEFENSE 11,143 4,143
PROGRAM (MEDICAL).
Next Generation [-7,000]
Diagnostic System
ahead of need.
100 COLLECTIVE PROTECTION 9,414 9,414
101 CONTAMINATION 139,948 139,948
AVOIDANCE.
TOTAL 5,365,248 4,821,728
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 100,000 0
OPERATIONAL NEEDS
FUND.
Unjustified [-100,000]
Requirement.
TOTAL JOINT 100,000 0
URGENT
OPERATIONAL
NEEDS FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 100,000
Program Increase. [100,000]
TOTAL NATIONAL 100,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 111,453,792 103,579,366
PROCUREMENT.
------------------------------------------------------------------------
[[Page 125 STAT. 1742]]
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Line Item Request Agreement
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 C-12 CARGO AIRPLANE.. 10,500 0
No justified [-10,500]
requirement.
004 MQ-1 UAV............. 550,798
Transfer from [550,798]
Base.
ROTARY
008 AH-64 BLOCK II/WRA... 35,500 0
Program reduction [-35,500]
012 UH-60 BLACKHAWK M 72,000 72,000
MODEL (MYP).
017 KIOWA WARRIOR UPGRADE 145,500 100,800
(OH-58 D)/WRA.
Limit ramp rate [-44,700]
on replacement
aircraft by
reducing four
aircraft.
MODIFICATION OF
AIRCRAFT
019 MQ-1 PAYLOAD--UAS.... 10,800 146,983
Transfer from [136,183]
Base.
022 MULTI SENSOR ABN 54,500 54,500
RECON (MIP).
033 RQ-7 UAV MODS........ 94,600 14,800
Vader - [-79,800]
Incompatible with
Host Platform.
SPARES AND REPAIR
PARTS
034 SPARE PARTS (AIR).... 0
TOTAL AIRCRAFT 423,400 939,881
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
AIR-TO-SURFACE
MISSILE SYSTEM
004 HELLFIRE SYS SUMMARY. 107,556 107,556
ANTI-TANK/ASSAULT
MISSILE SYS
009 GUIDED MLRS ROCKET 19,000 19,000
(GMLRS).
TOTAL MISSILE 126,556 126,556
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
WEAPONS & OTHER
COMBAT VEHICLES
019 MACHINE GUN, CAL .50 31,102
M2 ROLL.
Transfer from [31,102]
Base.
020 LIGHTWEIGHT .50 5,427 5,427
CALIBER MACHINE GUN.
029 COMMON REMOTELY 14,890 14,890
OPERATED WEAPONS
STATION (CRO.
031 HOWITZER LT WT 155MM 13,066
(T).
Transfer from [13,066]
Base.
MOD OF WEAPONS AND
OTHER COMBAT VEH
033 M4 CARBINE MODS...... 16,800 16,800
034 M2 50 CAL MACHINE GUN 0
MODS.
TOTAL 37,117 81,285
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
004 CTG, HANDGUN, ALL 1,200 1,200
TYPES.
009 CTG, 30MM, ALL TYPES. 4,800 4,800
010 CTG, 40MM, ALL TYPES. 38,000 38,000
MORTAR AMMUNITION
013 81MM MORTAR, ALL 8,000 8,000
TYPES.
014 120MM MORTAR, ALL 49,140 49,140
TYPES.
ARTILLERY AMMUNITION
019 ARTILLERY PROJECTILE, 10,000 10,000
155MM, ALL TYPES.
ARTILLERY FUZES
022 ARTILLERY FUZES, ALL 5,000 5,000
TYPES.
ROCKETS
027 SHOULDER LAUNCHED 5,000 5,000
MUNITIONS, ALL TYPES.
028 ROCKET, HYDRA 70, ALL 53,841 53,841
TYPES.
OTHER AMMUNITION
029 DEMOLITION MUNITIONS, 16,000 16,000
ALL TYPES.
031 SIGNALS, ALL TYPES... 7,000 7,000
032 SIMULATORS, ALL TYPES 8,000 8,000
MISCELLANEOUS
036 CAD/PAD ALL TYPES.... 2,000 2,000
[[Page 125 STAT. 1743]]
037 ITEMS LESS THAN $5 400 400
MILLION.
TOTAL 208,381 208,381
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
005 FAMILY OF MEDIUM 11,094 11,094
TACTICAL VEH (FMTV).
007 FAMILY OF HEAVY 47,214 47,214
TACTICAL VEHICLES
(FHTV).
010 MINE PROTECTION 0
VEHICLE FAMILY.
015 TACTICAL WHEELED 0
VEHICLE PROTECTION
KITS.
017 MINE-RESISTANT AMBUSH- 0
PROTECTED (MRAP)
MODS.
NON-TACTICAL VEHICLES
023 NONTACTICAL VEHICLES, 3,600 3,600
OTHER.
COMM--JOINT
COMMUNICATIONS
025 WIN-T--GROUND FORCES 547 547
TACTICAL NETWORK.
COMM--COMBAT
COMMUNICATIONS
039 JOINT TACTICAL RADIO 450 0
SYSTEM.
Handheld, [-450]
Manpack, Small
Form-fit radios
for LEMV#2 early
to need.
042 AMC CRITICAL ITEMS - 8,141 8,141
OPA2.
049 GUNSHOT DETECTION 44,100 10,100
SYSTEM (GDS).
Concurrent [-34,000]
development and
procurement.
051 MEDICAL COMM FOR CBT 6,443 6,443
CASUALTY CARE (MC4).
INFORMATION SECURITY
056 INFORMATION SYSTEM 54,730 0
SECURITY PROGRAM-
ISSP.
Army requested [-54,730]
transfer to line
56a, Family of
Biometrics.
056A FAMILY OF BIOMETRICS. 54,730
Transfer from [54,730]
line 56.
COMM--LONG HAUL
COMMUNICATIONS
058 BASE SUPPORT 5,000 5,000
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
062 INSTALLATION INFO 169,500 169,500
INFRASTRUCTURE MOD
PROGRAM(.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
070 DCGS-A (MIP)......... 83,000 83,000
072 TROJAN (MIP)......... 61,100 61,100
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 LIGHTWEIGHT COUNTER 54,100 54,100
MORTAR RADAR.
079 FAMILY OF PERSISTENT 53,000 53,000
SURVEILLANCE
CAPABILITES.
080 COUNTERINTELLIGENCE/ 48,600 24,200
SECURITY
COUNTERMEASURES.
ISR Task Force [-20,000]
identified excess.
Platforms [-4,400]
unavailable.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
084 SENSE THROUGH THE 10,000 10,000
WALL (STTW).
090 COUNTER-ROCKET, 0
ARTILLERY & MORTAR
(C-RAM).
092 GREEN LASER 0
INTERDICTION SYSTEM.
095 PROFILER............. 2,000 2,000
096 MOD OF IN-SVC EQUIP 30,400 30,400
(FIREFINDER RADARS).
098 JOINT BATTLE COMMAND-- 148,335 148,335
PLATFORM (JBC-P).
102 COUNTERFIRE RADARS... 110,548 110,548
ELECT EQUIP--TACTICAL
C2 SYSTEMS
105 FIRE SUPPORT C2 15,081 15,081
FAMILY.
106 BATTLE COMMAND 10,000 10,000
SUSTAINMENT SUPPORT
SYSTEM (BC.
108 AIR & MSL DEFENSE 28,000 28,000
PLANNING & CONTROL
SYS.
109 KNIGHT FAMILY........ 42,000 42,000
114 NETWORK MANAGEMENT 32,800 32,800
INITIALIZATION AND
SERVICE.
115 MANEUVER CONTROL 44,000 44,000
SYSTEM (MCS).
116 SINGLE ARMY LOGISTICS 18,000 18,000
ENTERPRISE (SALE).
ELECT EQUIP--
AUTOMATION
121 AUTOMATED DATA 10,000 10,000
PROCESSING EQUIP.
CLASSIFIED PROGRAMS
UNDISTRIBUTED
127A CLASSIFIED PROGRAMS.. 795 795
CHEMICAL DEFENSIVE
EQUIPMENT
128 PROTECTIVE SYSTEMS... 11,472 11,472
129 FAMILY OF NON-LETHAL 30,000 10,000
EQUIPMENT (FNLE).
Acoustic Hailing [-20,000]
Device contract
delay.
130 BASE DEFENSE SYSTEMS 0
(BDS).
131 CBRN SOLDIER 1,200 1,200
PROTECTION.
[[Page 125 STAT. 1744]]
BRIDGING EQUIPMENT
133 TACTICAL BRIDGING.... 15,000 15,000
134 TACTICAL BRIDGE, 26,900 26,900
FLOAT-RIBBON.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
137 ROBOTIC COMBAT 0
SUPPORT SYSTEM
(RCSS).
138 EXPLOSIVE ORDNANCE 3,205 3,205
DISPOSAL EQPMT (EOD
EQPMT).
COMBAT SERVICE
SUPPORT EQUIPMENT
149 FORCE PROVIDER....... 68,000 68,000
MEDICAL EQUIPMENT
158 COMBAT SUPPORT 15,011 15,011
MEDICAL.
MAINTENANCE EQUIPMENT
159 MOBILE MAINTENANCE 25,129 25,129
EQUIPMENT SYSTEMS.
MATERIAL HANDLING
EQUIPMENT
180 ALL TERRAIN LIFTING 1,800 1,800
ARMY SYSTEM.
OTHER SUPPORT
EQUIPMENT
189 RAPID EQUIPPING 43,000 22,000
SOLDIER SUPPORT
EQUIPMENT.
Prior year [-21,000]
unobligated funds
available.
190 PHYSICAL SECURITY 4,900 4,900
SYSTEMS (OPA3).
TOTAL OTHER 1,398,195 1,298,345
PROCUREMENT,
ARMY.
JOINT IMPR EXPLOSIVE
DEV DEFEAT FUND
NETWORK ATTACK
001 ATTACK THE NETWORK... 1,368,800 1,275,800
BAA S&T Response-- [-76,000]
unjustified
request.
Information [-17,000]
Fusion--unjustifi
ed program growth.
JIEDDO DEVICE DEFEAT
002 DEFEAT THE DEVICE.... 961,200 811,200
Undistributed [-150,000]
efficiencies
reduction.
FORCE TRAINING
003 TRAIN THE FORCE...... 247,500 224,450
Train the Force [-18,050]
Response--unjusti
fied program
growth.
Undistributed [-5,000]
efficiencies
reduction.
STAFF AND
INFRASTRUCTURE
004 OPERATIONS........... 199,134
Civilian Pay [-1,500]
Freeze.
Transfer from [220,634]
Base: Operations.
Undistributed [-20,000]
efficiencies
reduction.
TOTAL JOINT IMPR 2,577,500 2,510,584
EXPLOSIVE DEV
DEFEAT FUND.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
011 UH-1Y/AH-1Z.......... 30,000 24,875
Excessive unit [-5,125]
cost growth.
019 E-2D ADV HAWKEYE..... 163,500 0
Combat loss [-163,500]
funded in fiscal
year 2011.
OTHER AIRCRAFT
028 OTHER SUPPORT 21,882 0
AIRCRAFT.
Aircraft excess [-21,882]
to requirement.
MODIFICATION OF
AIRCRAFT
030 AEA SYSTEMS.......... 53,100 45,600
Intrepid Tiger... [-7,500]
031 AV-8 SERIES.......... 53,485 53,485
032 F-18 SERIES.......... 46,992 46,992
034 AH-1W SERIES......... 39,418 37,918
ANVIS HUD install [-1,500]
kit pricing.
035 H-53 SERIES.......... 70,747 63,747
Excess hardware [-2,000]
support.
Excess NRE for [-5,000]
Blue Force
Tracker
modifications.
037 H-1 SERIES........... 6,420 0
Top-owl [-6,420]
modification
funding.
038 EP-3 SERIES.......... 20,800 20,800
043 C-130 SERIES......... 59,625 44,225
LAIRCM install [-5,200]
unit cost.
Targeting Sight [-10,200]
Systems exceed
requirement.
045 CARGO/TRANSPORT A/C 25,880 18,280
SERIES.
Excess C-20G [-4,000]
installation NRE.
[[Page 125 STAT. 1745]]
UC-12W excess to [-3,600]
need.
048 SPECIAL PROJECT 11,184 11,184
AIRCRAFT.
053 COMMON ECM EQUIPMENT. 27,200 24,200
Other support [-3,000]
excess.
054 COMMON AVIONICS 13,467 11,467
CHANGES.
OSIP 10-11 other [-2,000]
support growth.
055 COMMON DEFENSIVE 3,300 3,300
WEAPON SYSTEM.
060 V-22 (TILT/ROTOR 30,000 25,500
ACFT) OSPREY.
Deficiencies [-2,500]
modifications
other support
growth.
Reliability [-2,000]
modifications
other support
growth.
AIRCRAFT SPARES AND
REPAIR PARTS
061 SPARES AND REPAIR 39,060 34,462
PARTS.
MQ-8 spares [-3,631]
excess to
requirement.
Other Support [-967]
Aircraft spares.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
062 COMMON GROUND 10,800 10,800
EQUIPMENT.
064 WAR CONSUMABLES...... 0
065 OTHER PRODUCTION 4,100 4,100
CHARGES.
TOTAL AIRCRAFT 730,960 480,935
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
009 HELLFIRE............. 14,000 14,000
010 STAND OFF PRECISION 20,000 20,000
GUIDED MUNITIONS
(SOPGM).
GUNS AND GUN MOUNTS
027 SMALL ARMS AND 7,070 7,070
WEAPONS.
TOTAL WEAPONS 41,070 41,070
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
003 AIRBORNE ROCKETS, ALL 80,200 80,200
TYPES.
004 MACHINE GUN 22,400 22,400
AMMUNITION.
007 AIR EXPENDABLE 20,000 20,000
COUNTERMEASURES.
011 OTHER SHIP GUN 182 182
AMMUNITION.
012 SMALL ARMS & LANDING 4,545 4,545
PARTY AMMO.
013 PYROTECHNIC AND 1,656 1,656
DEMOLITION.
014 AMMUNITION LESS THAN 6,000 6,000
$5 MILLION.
MARINE CORPS
AMMUNITION
015 SMALL ARMS AMMUNITION 19,575 19,575
016 LINEAR CHARGES, ALL 6,691 6,691
TYPES.
017 40 MM, ALL TYPES..... 12,184 12,184
018 60MM, ALL TYPES...... 10,988 10,988
019 81MM, ALL TYPES...... 24,515 24,515
020 120MM, ALL TYPES..... 11,227 11,227
021 CTG 25MM, ALL TYPES.. 802 802
022 GRENADES, ALL TYPES.. 5,911 5,911
023 ROCKETS, ALL TYPES... 18,871 18,871
024 ARTILLERY, ALL TYPES. 57,003 57,003
025 DEMOLITION MUNITIONS, 7,831 7,831
ALL TYPES.
026 FUZE, ALL TYPES...... 5,177 5,177
027 NON LETHALS.......... 712 712
029 ITEMS LESS THAN $5 630 630
MILLION.
TOTAL 317,100 317,100
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SMALL BOATS
023 STANDARD BOATS....... 13,729 0
Coastal force [-13,729]
protection boats
contract delay.
AVIATION ELECTRONIC
EQUIPMENT
056 MATCALS.............. 7,232 0
Radar upgrade - [-7,232]
Transfer to Title
I.
OTHER SHORE
ELECTRONIC EQUIPMENT
066 TACTICAL/MOBILE C4I 4,000 0
SYSTEMS.
Unjustified [-4,000]
request for tech
refresh upgrades.
AIRCRAFT SUPPORT
EQUIPMENT
092 EXPEDITIONARY 47,000 47,000
AIRFIELDS.
095 METEOROLOGICAL 10,800 10,800
EQUIPMENT.
[[Page 125 STAT. 1746]]
097 AVIATION LIFE SUPPORT 14,000 14,000
101 OTHER AVIATION 18,226 18,226
SUPPORT EQUIPMENT.
ASW SUPPORT EQUIPMENT
112 SSN COMBAT CONTROL 7,500 0
SYSTEMS.
Naval [-7,500]
Intelligence
Fusion Tool--
Transfer to Title
I.
OTHER ORDNANCE
SUPPORT EQUIPMENT
116 EXPLOSIVE ORDNANCE 15,700 15,700
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
121 PASSENGER CARRYING 2,628 2,628
VEHICLES.
123 CONSTRUCTION & 13,290 13,290
MAINTENANCE EQUIP.
124 FIRE FIGHTING 3,672 3,672
EQUIPMENT.
128 ITEMS UNDER $5 1,002 1,002
MILLION.
SUPPLY SUPPORT
EQUIPMENT
130 MATERIALS HANDLING 3,644 3,644
EQUIPMENT.
TRAINING DEVICES
134 TRAINING SUPPORT 5,789 0
EQUIPMENT.
Funding No Longer [-5,789]
Required.
COMMAND SUPPORT
EQUIPMENT
135 COMMAND SUPPORT 3,310 3,310
EQUIPMENT.
140 OPERATING FORCES 6,977 6,977
SUPPORT EQUIPMENT.
141 C4ISR EQUIPMENT...... 24,762 24,762
143 PHYSICAL SECURITY 78,241 70,641
EQUIPMENT.
Intelligence Kits [-7,600]
- Funding No
Longer Required
Due to Force
Structure
Reductions.
SPARES AND REPAIR
PARTS
149 SPARES AND REPAIR 473 473
PARTS.
TOTAL OTHER 281,975 236,125
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
002 LAV PIP.............. 23,962 23,962
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 16,000 16,000
TOWED HOWITZER.
005 HIGH MOBILITY 10,488 10,488
ARTILLERY ROCKET
SYSTEM.
006 WEAPONS AND COMBAT 27,373 27,373
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
010 JAVELIN.............. 2,527 2,527
OTHER SUPPORT
013 MODIFICATION KITS.... 59,730 59,730
REPAIR AND TEST
EQUIPMENT
015 REPAIR AND TEST 19,040 19,040
EQUIPMENT.
OTHER SUPPORT (TEL)
017 MODIFICATION KITS.... 2,331 2,331
COMMAND AND CONTROL
SYSTEM (NON-TEL)
018 ITEMS UNDER $5 3,090 3,090
MILLION (COMM &
ELEC).
019 AIR OPERATIONS C2 5,236 5,236
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
020 RADAR SYSTEMS........ 26,506 26,506
INTELL/COMM EQUIPMENT
(NON-TEL)
021 FIRE SUPPORT SYSTEM.. 35 35
022 INTELLIGENCE SUPPORT 47,132 47,132
EQUIPMENT.
OTHER COMM/ELEC
EQUIPMENT (NON-TEL)
028 NIGHT VISION 9,850 9,850
EQUIPMENT.
OTHER SUPPORT (NON-
TEL)
029 COMMON COMPUTER 18,629 18,629
RESOURCES.
030 COMMAND POST SYSTEMS. 31,491 31,491
031 RADIO SYSTEMS........ 87,027 87,027
032 COMM SWITCHING & 54,177 124,177
CONTROL SYSTEMS.
Data distribution [50,000]
system modules.
Digital technical [20,000]
control shelters.
033 COMM & ELEC 2,200 2,200
INFRASTRUCTURE
SUPPORT.
TACTICAL VEHICLES
037 MOTOR TRANSPORT 95,800 95,800
MODIFICATIONS.
038 MEDIUM TACTICAL 392,391 174,391
VEHICLE REPLACEMENT.
Marine Corps [-50,000]
requested
transfer to line
32 for Data
Distribution
System.
[[Page 125 STAT. 1747]]
Marine Corps [-20,000]
requested
transfer to line
32 for Digital
Technical Control
System.
Marine Corps [-148,000]
requested
transfer to line
39 for LVSR.
039 LOGISTICS VEHICLE 38,382 38,382
SYSTEM REP.
040 FAMILY OF TACTICAL 24,826 24,826
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
043 ENVIRONMENTAL CONTROL 18,775 18,775
EQUIP ASSORT.
044 BULK LIQUID EQUIPMENT 7,361 7,361
046 POWER EQUIPMENT 51,895 106,895
ASSORTED.
Advanced power [20,000]
sources.
Mobile power [35,000]
equipment.
048 EOD SYSTEMS.......... 57,237 57,237
MATERIALS HANDLING
EQUIPMENT
049 PHYSICAL SECURITY 42,900 42,900
EQUIPMENT.
051 MATERIAL HANDLING 42,553 42,553
EQUIP.
GENERAL PROPERTY
053 FIELD MEDICAL 8,307 8,307
EQUIPMENT.
054 TRAINING DEVICES..... 5,200 5,200
055 CONTAINER FAMILY..... 12 12
056 FAMILY OF 28,533 28,533
CONSTRUCTION
EQUIPMENT.
TOTAL 1,260,996 1,167,996
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
HELICOPTERS
019 V22 OSPREY........... 70,000 0
Combat Loss [-70,000]
funded in FY11.
MISSION SUPPORT
AIRCRAFT
024 HH-60M............... 39,300 39,300
027 STUASL0.............. 2,472 2,472
OTHER AIRCRAFT
034 MQ-9................. 719,592
Transfer from [719,592]
Base.
AIRLIFT AIRCRAFT
043 C-5.................. 59,299 59,299
OTHER AIRCRAFT
059 MC-12W............... 17,300 17,300
063 C-130................ 164,041 164,041
064 C-130 INTEL.......... 4,600 4,600
065 C-130J MODS.......... 27,983 27,983
067 COMPASS CALL MODS.... 12,000 12,000
075 HC/MC-130 34,000 34,000
MODIFICATIONS.
076 OTHER MODIFICATIONS.. 15,000 15,000
077 MQ-1 MODS............ 2,800 2,800
AIRCRAFT SPARES +
REPAIR PARTS
081 FIGHTER/UAV INITIAL 2,800 2,800
SPARES/REPAIR PARTS.
POST PRODUCTION
SUPPORT
090 C-17A................ 10,970 10,970
WAR CONSUMABLES
099 WAR CONSUMABLES...... 87,220
Transfer from [87,220]
Base.
OTHER PRODUCTION
CHARGES
100 OTHER PRODUCTION 23,000 23,000
CHARGES.
DARP
104 U-2.................. 42,300 13,400
Sensors.......... [-28,900]
TOTAL AIRCRAFT 527,865 1,235,777
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 329 329
CARTRIDGES
002 CARTRIDGES........... 8,014 8,014
BOMBS
004 GENERAL PURPOSE BOMBS 17,385 17,385
005 JOINT DIRECT ATTACK 34,100 34,100
MUNITION.
FLARE, IR MJU-7B
007 EXPLOSIVE ORDNANCE 1,200 1,200
DISPOSAL (EOD).
[[Page 125 STAT. 1748]]
FUZES
011 FLARES............... 11,217 11,217
012 FUZES................ 8,765 8,765
SMALL ARMS
013 SMALL ARMS........... 11,500 11,500
TOTAL 92,510 92,510
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
005 PREDATOR HELLFIRE 16,120 16,120
MISSILE.
006 SMALL DIAMETER BOMB.. 12,300 12,300
TOTAL MISSILE 28,420 28,420
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 2,658 0
VEHICLES.
Unjustified [-2,658]
request.
CARGO + UTILITY
VEHICLES
004 ITEMS LESS THAN 32,824 0
$5,000,000 (CARGO.
Unjustified [-32,824]
request.
SPECIAL PURPOSE
VEHICLES
006 ITEMS LESS THAN 110 110
$5,000,000 (SPECIA.
FIRE FIGHTING
EQUIPMENT
007 FIRE FIGHTING/CRASH 1,662 1,662
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
008 ITEMS LESS THAT 772 772
$5,000,000.
BASE MAINTENANCE
SUPPORT
010 ITEMS LESS THAN $5M 13,983 13,983
BASE MAINT/CONST.
COMM SECURITY
EQUIPMENT(COMSEC)
013 AIR FORCE PHYSICAL 500 500
SECURITY.
ELECTRONICS PROGRAMS
022 WEATHER OBSERVATION 1,800 1,800
FORECAST.
025 TAC SIGNIT SPT....... 7,020 7,020
SPCL COMM-ELECTRONICS
PROJECTS
030 AIR FORCE PHYSICAL 25,920 25,920
SECURITY SYSTEM.
ORGANIZATION AND BASE
049 TACTICAL C-E 9,445 9,445
EQUIPMENT.
PERSONAL SAFETY &
RESCUE EQUIP
055 NIGHT VISION GOGGLES. 12,900 12,900
BASE SUPPORT
EQUIPMENT
059 CONTINGENCY 18,100 18,100
OPERATIONS.
061 MOBILITY EQUIPMENT... 9,800 9,800
062 ITEMS LESS THAN 8,400 8,400
$5,000,000 (BASE S).
SPECIAL SUPPORT
PROJECTS
065 DCGS-AF.............. 3,000 3,000
068 DEFENSE SPACE 64,400 64,400
RECONNAISSANCE PROG..
CLASSIFIED PROGRAMS
068A CLASSIFIED PROGRAMS.. 2,991,347 2,910,698
Classified [-80,649]
Adjustment.
TOTAL OTHER 3,204,641 3,088,510
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
017 TELEPORT PROGRAM..... 3,307 3,307
MAJOR EQUIPMENT, NSA
043 INFORMATION SYSTEMS 3,000 3,000
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, OSD
046 MAJOR EQUIPMENT, 8,300 8,300
INTELLIGENCE.
CLASSIFIED PROGRAMS
048A CLASSIFIED PROGRAMS.. 101,548 96,548
Program [-5,000]
adjustment.
AVIATION PROGRAMS
050 MH-47 SERVICE LIFE 40,500 0
EXTENSION PROGRAM.
Combat Loss [-40,500]
funded in FY11.
051 MH-60 MODERNIZATION 7,800 0
PROGRAM.
Combat Loss [-7,800]
funded in FY11.
[[Page 125 STAT. 1749]]
052 NON-STANDARD AVIATION 8,500 8,500
057 CV-22 MODIFICATION... 15,000 0
Combat Loss [-15,000]
funded in FY11.
063 C-130 MODIFICATIONS.. 4,800 4,800
AMMUNITION PROGRAMS
067 ORDNANCE 71,659 71,659
REPLENISHMENT.
068 ORDNANCE ACQUISITION. 25,400 15,400
Prior year [-10,000]
funding carryover.
OTHER PROCUREMENT
PROGRAMS
069 COMMUNICATIONS 2,325 2,325
EQUIPMENT AND
ELECTRONICS.
070 INTELLIGENCE SYSTEMS. 43,558 49,058
Village Stability [5,500]
Operations [VSO]
unfunded
requirement.
071 SMALL ARMS AND 6,488 8,488
WEAPONS.
VSO unfunded [2,000]
requirement.
072 DISTRIBUTED COMMON 2,601 2,601
GROUND/SURFACE
SYSTEMS.
078 TACTICAL VEHICLES.... 15,818 19,818
VSO unfunded [4,000]
requirement.
085 AUTOMATION SYSTEMS... 13,387 13,387
087 OPERATIONAL 5,800 5,800
ENHANCEMENTS
INTELLIGENCE.
088 SOLDIER PROTECTION 34,900 37,500
AND SURVIVAL SYSTEMS.
VSO unfunded [2,600]
requirement.
089 VISUAL AUGMENTATION 3,531 3,531
LASERS AND SENSOR
SYSTEMS.
090 TACTICAL RADIO 2,894 2,894
SYSTEMS.
093 MISCELLANEOUS 7,220 7,220
EQUIPMENT.
094 OPERATIONAL 41,632 41,632
ENHANCEMENTS.
TOTAL 469,968 405,768
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 100,000 0
OPERATIONAL NEEDS
FUND.
Unjustified [-100,000]
Requirement.
TOTAL JOINT 100,000 0
URGENT
OPERATIONAL
NEEDS FUND.
MINE RESISTANT AMBUSH
PROT VEH FUND
MINE RESISTANT AMBUSH
PROT VEH FUND
001 MINE RESISTANT AMBUSH 3,195,170 2,600,170
PROT VEH FUND.
Funds previously [-595,000]
provided by
Department of
Army in FY11.
TOTAL MINE 3,195,170 2,600,170
RESISTANT AMBUSH
PROT VEH FUND.
NATIONAL GUARD &
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 225,000
Program Increase. [225,000]
TOTAL NATIONAL 225,000
GUARD & RESERVE
EQUIPMENT.
TOTAL 15,021,824 15,084,413
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... BASIC RESEARCH
001 0601101A IN-HOUSE 21,064 21,064
LABORATORY
INDEPENDENT
RESEARCH.
[[Page 125 STAT. 1750]]
002 0601102A DEFENSE RESEARCH 213,942 213,942
SCIENCES.
003 0601103A UNIVERSITY 80,977 80,977
RESEARCH
INITIATIVES.
004 0601104A UNIVERSITY AND 120,937 120,937
INDUSTRY
RESEARCH
CENTERS.
............... SUBTOTAL 436,920 436,920
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
005 0602105A MATERIALS 30,258 30,258
TECHNOLOGY.
006 0602120A SENSORS AND 43,521 43,521
ELECTRONIC
SURVIVABILITY.
007 0602122A TRACTOR HIP..... 14,230 14,230
008 0602211A AVIATION 44,610 44,610
TECHNOLOGY.
009 0602270A ELECTRONIC 15,790 15,790
WARFARE
TECHNOLOGY.
010 0602303A MISSILE 50,685 50,685
TECHNOLOGY.
011 0602307A ADVANCED WEAPONS 20,034 20,034
TECHNOLOGY.
012 0602308A ADVANCED 20,933 20,933
CONCEPTS AND
SIMULATION.
013 0602601A COMBAT VEHICLE 64,306 64,306
AND AUTOMOTIVE
TECHNOLOGY.
014 0602618A BALLISTICS 59,214 59,214
TECHNOLOGY.
015 0602622A CHEMICAL, SMOKE 4,877 4,877
AND EQUIPMENT
DEFEATING
TECHNOLOGY.
016 0602623A JOINT SERVICE 8,244 8,244
SMALL ARMS
PROGRAM.
017 0602624A WEAPONS AND 39,813 39,813
MUNITIONS
TECHNOLOGY.
018 0602705A ELECTRONICS AND 62,962 62,962
ELECTRONIC
DEVICES.
019 0602709A NIGHT VISION 57,203 55,203
TECHNOLOGY.
............... Program [-2,000]
growth
adjustment.
020 0602712A COUNTERMINE 20,280 20,280
SYSTEMS.
021 0602716A HUMAN FACTORS 21,801 21,801
ENGINEERING
TECHNOLOGY.
022 0602720A ENVIRONMENTAL 20,837 20,837
QUALITY
TECHNOLOGY.
023 0602782A COMMAND, 26,116 26,116
CONTROL,
COMMUNICATIONS
TECHNOLOGY.
024 0602783A COMPUTER AND 8,591 8,591
SOFTWARE
TECHNOLOGY.
025 0602784A MILITARY 80,317 80,317
ENGINEERING
TECHNOLOGY.
026 0602785A MANPOWER/ 18,946 18,946
PERSONNEL/
TRAINING
TECHNOLOGY.
027 0602786A WARFIGHTER 29,835 29,835
TECHNOLOGY.
028 0602787A MEDICAL 105,929 105,929
TECHNOLOGY.
............... SUBTOTAL 869,332 867,332
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
029 0603001A WARFIGHTER 52,979 52,979
ADVANCED
TECHNOLOGY.
030 0603002A MEDICAL ADVANCED 68,171 68,171
TECHNOLOGY.
031 0603003A AVIATION 62,193 62,193
ADVANCED
TECHNOLOGY.
032 0603004A WEAPONS AND 77,077 77,077
MUNITIONS
ADVANCED
TECHNOLOGY.
033 0603005A COMBAT VEHICLE 106,145 106,145
AND AUTOMOTIVE
ADVANCED
TECHNOLOGY.
034 0603006A COMMAND, 5,312 5,312
CONTROL,
COMMUNICATIONS
ADVANCED
TECHNOLOGY.
035 0603007A MANPOWER, 10,298 10,298
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
036 0603008A ELECTRONIC 57,963 57,963
WARFARE
ADVANCED
TECHNOLOGY.
037 0603009A TRACTOR HIKE.... 8,155 8,155
038 0603015A NEXT GENERATION 17,936 17,936
TRAINING &
SIMULATION
SYSTEMS.
039 0603020A TRACTOR ROSE.... 12,597 12,597
040 0603105A MILITARY HIV 6,796 6,796
RESEARCH.
041 0603125A COMBATING 12,191 12,191
TERRORISM,
TECHNOLOGY
DEVELOPMENT.
042 0603130A TRACTOR NAIL.... 4,278 4,278
043 0603131A TRACTOR EGGS.... 2,261 2,261
044 0603270A ELECTRONIC 23,677 23,677
WARFARE
TECHNOLOGY.
045 0603313A MISSILE AND 90,602 90,602
ROCKET ADVANCED
TECHNOLOGY.
046 0603322A TRACTOR CAGE.... 10,315 10,315
047 0603461A HIGH PERFORMANCE 183,150 183,150
COMPUTING
MODERNIZATION
PROGRAM.
048 0603606A LANDMINE WARFARE 31,541 31,541
AND BARRIER
ADVANCED
TECHNOLOGY.
049 0603607A JOINT SERVICE 7,686 7,686
SMALL ARMS
PROGRAM.
050 0603710A NIGHT VISION 42,414 42,414
ADVANCED
TECHNOLOGY.
[[Page 125 STAT. 1751]]
051 0603728A ENVIRONMENTAL 15,959 15,959
QUALITY
TECHNOLOGY
DEMONSTRATIONS.
052 0603734A MILITARY 36,516 36,516
ENGINEERING
ADVANCED
TECHNOLOGY.
053 0603772A ADVANCED 30,600 30,600
TACTICAL
COMPUTER
SCIENCE AND
SENSOR
TECHNOLOGY.
............... SUBTOTAL 976,812 976,812
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
055 0603305A ARMY MISSILE 21,126 9,126
DEFENSE SYSTEMS
INTEGRATION(NON
SPACE).
............... Excess [-12,000]
growth and
delays.
055A 0603XXXA INDIRECT FIRE 14,883 14,883
PROTECTION.
056 0603308A ARMY MISSILE 9,612 9,612
DEFENSE SYSTEMS
INTEGRATION
(SPACE).
058 0603619A LANDMINE WARFARE 35,383 19,293
AND BARRIER--
ADV DEV.
............... Excess to [-16,090]
Army
requirement.
059 0603627A SMOKE, OBSCURANT 9,501 4,501
AND TARGET
DEFEATING SYS-
ADV DEV.
............... Program [-5,000]
growth
adjustment.
060 0603639A TANK AND MEDIUM 39,693 39,693
CALIBER
AMMUNITION.
061 0603653A ADVANCED TANK 101,408 64,408
ARMAMENT SYSTEM
(ATAS).
............... Program [-37,000]
growth
adjustment.
062 0603747A SOLDIER SUPPORT 9,747 3,843
AND
SURVIVABILITY.
............... Rapid [-5,904]
Equipping
Force- Lack
of baseline
requirement.
063 0603766A TACTICAL 5,766 5,766
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
065 0603779A ENVIRONMENTAL 4,946 4,946
QUALITY
TECHNOLOGY.
066 0603782A WARFIGHTER 297,955 182,955
INFORMATION
NETWORK-
TACTICAL.
............... Program [-115,000]
reduction
Increment
III.
067 0603790A NATO RESEARCH 4,765 4,765
AND DEVELOPMENT.
068 0603801A AVIATION--ADV 7,107 7,107
DEV.
069 0603804A LOGISTICS AND 19,509 12,509
ENGINEER
EQUIPMENT--ADV
DEV.
............... Army [-7,000]
requested
transfer
LAMPS to
RDTE Army
line 109.
070 0603805A COMBAT SERVICE 5,258 5,258
SUPPORT CONTROL
SYSTEM
EVALUATION AND
ANALYSIS.
071 0603807A MEDICAL SYSTEMS-- 34,997 34,997
ADV DEV.
072 0603827A SOLDIER SYSTEMS-- 19,598 19,598
ADVANCED
DEVELOPMENT.
073 0603850A INTEGRATED 1,496 1,496
BROADCAST
SERVICE.
074 0604115A TECHNOLOGY 10,181 10,181
MATURATION
INITIATIVES.
075 0604131A TRACTOR JUTE.... 15,609 15,609
076 0604284A JOINT 41,652 15,052
COOPERATIVE
TARGET
IDENTIFICATION-
-GROUND (JCTI-
G) / TECHNOLOGY
DEVELOPME.
............... Army offered [-26,600]
program
reduction.
077 0305205A ENDURANCE UAVS.. 42,892 42,892
............... SUBTOTAL 753,084 528,490
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
078 0604201A AIRCRAFT 144,687 119,687
AVIONICS.
............... JTRS AMF [-25,000]
delays and
JPALS
excessive
growth.
079 0604220A ARMED, 166,132 82,442
DEPLOYABLE
HELOS.
............... Army offered [-83,690]
program
reduction.
080 0604270A ELECTRONIC 101,265 34,265
WARFARE
DEVELOPMENT.
............... Army offered [-67,000]
program
reduction.
082 0604321A ALL SOURCE 17,412 7,412
ANALYSIS SYSTEM.
............... Machine--For [-10,000]
eign
Language
Translation
System
contract
delay.
083 0604328A TRACTOR CAGE.... 26,577 26,577
084 0604601A INFANTRY SUPPORT 73,728 83,474
WEAPONS.
............... S61--High [-8,000]
concurrency
of
incremental
efforts.
............... Transfer at [16,046]
Army request
from WTCV
line 17.
............... Transfer at [1,700]
Army request
from WTCV
line 20.
085 0604604A MEDIUM TACTICAL 3,961 3,961
VEHICLES.
[[Page 125 STAT. 1752]]
087 0604611A JAVELIN......... 17,340 9,940
............... Excess to [-7,400]
requirement.
088 0604622A FAMILY OF HEAVY 5,478 5,478
TACTICAL
VEHICLES.
089 0604633A AIR TRAFFIC 22,922 22,922
CONTROL.
090 0604642A LIGHT TACTICAL 20,000
WHEELED
VEHICLES.
............... Army [20,000]
requested
transfer
from RDTE
line 109.
093 0604661A FCS SYSTEMS OF 383,872 298,872
SYSTEMS ENGR &
PROGRAM MGMT.
............... Unjustified [-85,000]
requirement.
095 0604663A FCS UNMANNED 143,840 36,000
GROUND VEHICLES.
............... Program [-107,840]
adjustment.
096 0604664A FCS UNATTENDED 499 0
GROUND SENSORS.
............... Program [-499]
termination.
098 0604710A NIGHT VISION 59,265 59,265
SYSTEMS--SDD.
099 0604713A COMBAT FEEDING, 2,075 2,075
CLOTHING, AND
EQUIPMENT.
100 0604715A NON-SYSTEM 30,021 30,021
TRAINING
DEVICES--SDD.
101 0604716A TERRAIN 1,596 1,596
INFORMATION--SD
D.
102 0604741A AIR DEFENSE 83,010 83,010
COMMAND,
CONTROL AND
INTELLIGENCE--S
DD.
103 0604742A CONSTRUCTIVE 28,305 28,305
SIMULATION
SYSTEMS
DEVELOPMENT.
104 0604746A AUTOMATIC TEST 14,375 14,375
EQUIPMENT
DEVELOPMENT.
105 0604760A DISTRIBUTIVE 15,803 15,803
INTERACTIVE
SIMULATIONS
(DIS)--SDD.
107 0604780A COMBINED ARMS 22,226 22,226
TACTICAL
TRAINER (CATT)
CORE.
108 0604802A WEAPONS AND 13,828 13,828
MUNITIONS--SDD.
109 0604804A LOGISTICS AND 251,104 173,311
ENGINEER
EQUIPMENT--SDD.
............... Army request [7,000]
transfer
from RDTE
line 69.
............... Army [-20,000]
requested
transfer to
RDTE Army
line 90.
............... Joint Light [-64,793]
Tactical
Vehicle
Schedule
Slip.
110 0604805A COMMAND, 137,811 81,811
CONTROL,
COMMUNICATIONS
SYSTEMS--SDD.
............... Excessive [-56,000]
growth Joint
Battle
Command-
Platform.
111 0604807A MEDICAL MATERIEL/ 27,160 27,160
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--SDD.
112 0604808A LANDMINE WARFARE/ 87,426 76,326
BARRIER--SDD.
............... Explosive [-11,100]
Hazard Pre-
Detonation
(EHP) Roller
contract
delay.
113 0604814A ARTILLERY 42,627 37,627
MUNITIONS.
............... Program [-5,000]
growth
adjustment.
115 0604818A ARMY TACTICAL 123,935 93,935
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
............... Excessive [-30,000]
Growth.
116 0604820A RADAR 2,890 2,890
DEVELOPMENT.
117 0604822A GENERAL FUND 794 794
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
118 0604823A FIREFINDER...... 10,358 10,358
119 0604827A SOLDIER SYSTEMS-- 48,309 61,409
WARRIOR DEM/VAL.
............... Transfer at [13,100]
Army request
from OPA
line 147.
120 0604854A ARTILLERY 120,146 120,146
SYSTEMS.
121 0604869A PATRIOT/MEADS 406,605 390,000
COMBINED
AGGREGATE
PROGRAM (CAP).
............... Program [-16,605]
Decrease.
122 0604870A NUCLEAR ARMS 7,398 7,398
CONTROL
MONITORING
SENSOR NETWORK.
123 0605013A INFORMATION 37,098 32,098
TECHNOLOGY
DEVELOPMENT.
............... Unjustified [-5,000]
cost growth.
124 0605018A ARMY INTEGRATED 68,693 68,693
MILITARY HUMAN
RESOURCES
SYSTEM (A-
IMHRS).
125 0605450A JOINT AIR-TO- 127,095 127,095
GROUND MISSILE
(JAGM).
126 0605455A SLAMRAAM........ 19,931 1,531
............... Excess to [-18,400]
program
termination
requirements.
127 0605456A PAC-3/MSE 88,993 88,993
MISSILE.
128 0605457A ARMY INTEGRATED 270,607 270,607
AIR AND MISSILE
DEFENSE (AIAMD).
129 0605625A MANNED GROUND 884,387 449,387
VEHICLE.
[[Page 125 STAT. 1753]]
............... Excessive [-435,000]
Technology
Ramp-up
prior to
completion
of Analysis
of
Alternatives.
130 0605626A AERIAL COMMON 31,465 31,465
SENSOR.
131 0303032A TROJAN--RH12.... 3,920 3,920
132 0304270A ELECTRONIC 13,819 13,819
WARFARE
DEVELOPMENT.
............... SUBTOTAL 4,190,788 3,192,307
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
133 0604256A THREAT SIMULATOR 16,992 16,992
DEVELOPMENT.
134 0604258A TARGET SYSTEMS 11,247 11,247
DEVELOPMENT.
135 0604759A MAJOR T&E 49,437 49,437
INVESTMENT.
136 0605103A RAND ARROYO 20,384 20,384
CENTER.
137 0605301A ARMY KWAJALEIN 145,606 145,606
ATOLL.
138 0605326A CONCEPTS 28,800 28,800
EXPERIMENTATION
PROGRAM.
139 0605502A SMALL BUSINESS 0
INNOVATIVE
RESEARCH.
140 0605601A ARMY TEST RANGES 262,456 312,456
AND FACILITIES.
............... Program [50,000]
Increase.
141 0605602A ARMY TECHNICAL 70,227 70,227
TEST
INSTRUMENTATION
AND TARGETS.
142 0605604A SURVIVABILITY/ 43,483 43,483
LETHALITY
ANALYSIS.
143 0605605A DOD HIGH ENERGY 18 18
LASER TEST
FACILITY.
144 0605606A AIRCRAFT 5,630 5,630
CERTIFICATION.
145 0605702A METEOROLOGICAL 7,182 7,182
SUPPORT TO
RDT&E
ACTIVITIES.
146 0605706A MATERIEL SYSTEMS 19,669 19,669
ANALYSIS.
147 0605709A EXPLOITATION OF 5,445 5,445
FOREIGN ITEMS.
148 0605712A SUPPORT OF 68,786 68,786
OPERATIONAL
TESTING.
149 0605716A ARMY EVALUATION 63,302 63,302
CENTER.
150 0605718A ARMY MODELING & 3,420 3,420
SIM X-CMD
COLLABORATION &
INTEG.
151 0605801A PROGRAMWIDE 83,054 83,054
ACTIVITIES.
152 0605803A TECHNICAL 63,872 58,872
INFORMATION
ACTIVITIES.
............... Program [-5,000]
Reduction.
153 0605805A MUNITIONS 57,142 57,142
STANDARDIZATION
, EFFECTIVENESS
AND SAFETY.
154 0605857A ENVIRONMENTAL 4,961 4,961
QUALITY
TECHNOLOGY MGMT
SUPPORT.
155 0605898A MANAGEMENT HQ-- 17,558 17,558
R&D.
............... SUBTOTAL 1,048,671 1,093,671
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
158 0603778A MLRS PRODUCT 66,641 66,641
IMPROVEMENT
PROGRAM.
159 0603820A WEAPONS 24,142 7,500
CAPABILITY
MODIFICATIONS
UAV.
............... Excess funds [-16,642]
only to the
analysis of
alternatives.
160 0102419A AEROSTAT JOINT 344,655 327,855
PROJECT OFFICE.
............... Excess [-16,800]
program
growth.
162 0203726A ADV FIELD 29,546 29,546
ARTILLERY
TACTICAL DATA
SYSTEM.
163 0203735A COMBAT VEHICLE 53,307 36,207
IMPROVEMENT
PROGRAMS.
............... AMPV........ [-17,100]
164 0203740A MANEUVER CONTROL 65,002 42,414
SYSTEM.
............... Unjustified [-22,588]
program
growth.
165 0203744A AIRCRAFT 163,205 149,705
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
............... Excess funds [-13,500]
to Black
Hawk
Recapitaliza
tion/
Modernizatio
n for
analysis of
alternatives.
166 0203752A AIRCRAFT ENGINE 823 823
COMPONENT
IMPROVEMENT
PROGRAM.
167 0203758A DIGITIZATION.... 8,029 8,029
169 0203801A MISSILE/AIR 44,560 54,560
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
............... Transfer at [10,000]
Army Request
from MPA
line 13.
171 0203808A TRACTOR CARD.... 42,554 42,554
172 0208053A JOINT TACTICAL 27,630 27,630
GROUND SYSTEM.
173 0208058A JOINT HIGH SPEED 3,044 3,044
VESSEL (JHSV).
175 0303028A SECURITY AND 2,854 2,854
INTELLIGENCE
ACTIVITIES.
176 0303140A INFORMATION 61,220 61,220
SYSTEMS
SECURITY
PROGRAM.
[[Page 125 STAT. 1754]]
177 0303141A GLOBAL COMBAT 100,505 160,745
SUPPORT SYSTEM.
............... Army [13,000]
requested
transfer for
AESIP from
OPA line 116.
............... Army [47,240]
requested
transfer for
GCSS-Army
from OPA
line 116.
178 0303142A SATCOM GROUND 12,104 12,104
ENVIRONMENT
(SPACE).
179 0303150A WWMCCS/GLOBAL 23,937 23,937
COMMAND AND
CONTROL SYSTEM.
181 0305204A TACTICAL 40,650 26,550
UNMANNED AERIAL
VEHICLES.
............... Contract [-14,100]
award delays.
182 0305208A DISTRIBUTED 44,198 31,699
COMMON GROUND/
SURFACE SYSTEMS.
............... Unjustified [-12,499]
requirements
growth.
183 0305219A MQ-1 SKY WARRIOR 137,038 122,038
A UAV.
............... Excessive [-15,000]
growth.
184 0305232A RQ-11 UAV....... 1,938 1,938
185 0305233A RQ-7 UAV........ 31,940 31,940
187 0307665A BIOMETRICS 15,018 15,018
ENABLED
INTELLIGENCE.
188 0708045A END ITEM 59,297 59,297
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
188A 9999999999 CLASSIFIED 4,536 4,536
PROGRAMS.
............... SUBTOTAL 1,408,373 1,350,384
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 9,683,980 8,445,916
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... BASIC RESEARCH
001 0601103N UNIVERSITY 113,157 113,157
RESEARCH
INITIATIVES.
002 0601152N IN-HOUSE 18,092 18,092
LABORATORY
INDEPENDENT
RESEARCH.
003 0601153N DEFENSE RESEARCH 446,123 446,123
SCIENCES.
............... SUBTOTAL 577,372 577,372
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602114N POWER PROJECTION 104,804 104,804
APPLIED
RESEARCH.
005 0602123N FORCE PROTECTION 156,901 156,901
APPLIED
RESEARCH.
006 0602131M MARINE CORPS 44,845 44,845
LANDING FORCE
TECHNOLOGY.
008 0602235N COMMON PICTURE 65,448 65,448
APPLIED
RESEARCH.
009 0602236N WARFIGHTER 101,205 101,205
SUSTAINMENT
APPLIED
RESEARCH.
010 0602271N ELECTROMAGNETIC 108,329 108,329
SYSTEMS APPLIED
RESEARCH.
011 0602435N OCEAN 50,076 50,076
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
012 0602651M JOINT NON-LETHAL 5,937 5,937
WEAPONS APPLIED
RESEARCH.
013 0602747N UNDERSEA WARFARE 108,666 108,666
APPLIED
RESEARCH.
014 0602782N MINE AND 37,583 37,583
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
............... SUBTOTAL 783,794 783,794
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
015 0603114N POWER PROJECTION 114,270 114,270
ADVANCED
TECHNOLOGY.
016 0603123N FORCE PROTECTION 64,057 45,234
ADVANCED
TECHNOLOGY.
............... Excess [-18,823]
MRMUAS
funding.
017 0603235N COMMON PICTURE 49,068 49,068
ADVANCED
TECHNOLOGY.
018 0603236N WARFIGHTER 71,232 71,232
SUSTAINMENT
ADVANCED
TECHNOLOGY.
019 0603271N ELECTROMAGNETIC 102,535 102,535
SYSTEMS
ADVANCED
TECHNOLOGY.
020 0603640M USMC ADVANCED 124,324 124,324
TECHNOLOGY
DEMONSTRATION
(ATD).
021 0603651M JOINT NON-LETHAL 11,286 11,286
WEAPONS
TECHNOLOGY
DEVELOPMENT.
022 0603729N WARFIGHTER 18,119 18,119
PROTECTION
ADVANCED
TECHNOLOGY.
023 0603747N UNDERSEA WARFARE 37,121 37,121
ADVANCED
TECHNOLOGY.
[[Page 125 STAT. 1755]]
024 0603758N NAVY WARFIGHTING 50,157 50,157
EXPERIMENTS AND
DEMONSTRATIONS.
025 0603782N MINE AND 6,048 6,048
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 648,217 629,394
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
026 0603207N AIR/OCEAN 94,972 84,972
TACTICAL
APPLICATIONS.
............... JMAPS [-10,000]
unjustified
request.
027 0603216N AVIATION 10,893 10,893
SURVIVABILITY.
028 0603237N DEPLOYABLE JOINT 3,702 3,702
COMMAND AND
CONTROL.
029 0603251N AIRCRAFT SYSTEMS 10,497 10,497
030 0603254N ASW SYSTEMS 7,915 7,915
DEVELOPMENT.
031 0603261N TACTICAL 5,978 5,978
AIRBORNE
RECONNAISSANCE.
032 0603382N ADVANCED COMBAT 1,418 1,418
SYSTEMS
TECHNOLOGY.
033 0603502N SURFACE AND 142,657 127,757
SHALLOW WATER
MINE
COUNTERMEASURES.
............... Program [-8,900]
execution.
............... UUV program [-6,000]
delay.
034 0603506N SURFACE SHIP 118,764 118,764
TORPEDO DEFENSE.
035 0603512N CARRIER SYSTEMS 54,072 54,072
DEVELOPMENT.
037 0603525N PILOT FISH...... 96,012 96,012
038 0603527N RETRACT LARCH... 73,421 73,421
039 0603536N RETRACT JUNIPER. 130,267 130,267
040 0603542N RADIOLOGICAL 1,338 1,338
CONTROL.
041 0603553N SURFACE ASW..... 29,797 29,797
042 0603561N ADVANCED 856,326 856,326
SUBMARINE
SYSTEM
DEVELOPMENT.
043 0603562N SUBMARINE 9,253 9,253
TACTICAL
WARFARE SYSTEMS.
044 0603563N SHIP CONCEPT 14,308 14,308
ADVANCED DESIGN.
045 0603564N SHIP PRELIMINARY 22,213 22,213
DESIGN &
FEASIBILITY
STUDIES.
046 0603570N ADVANCED NUCLEAR 463,683 463,683
POWER SYSTEMS.
047 0603573N ADVANCED SURFACE 18,249 18,249
MACHINERY
SYSTEMS.
048 0603576N CHALK EAGLE..... 584,159 584,159
049 0603581N LITTORAL COMBAT 286,784 282,784
SHIP (LCS).
............... Defer [-4,000]
development
of Irregular
Warfare
mission
package.
050 0603582N COMBAT SYSTEM 34,157 34,157
INTEGRATION.
051 0603609N CONVENTIONAL 4,753 4,753
MUNITIONS.
052 0603611M MARINE CORPS 12,000 12,000
ASSAULT
VEHICLES.
053 0603635M MARINE CORPS 79,858 54,981
GROUND COMBAT/
SUPPORT SYSTEM.
............... Joint Light [-24,877]
Tactical
Vehicle
Schedule
Slip.
054 0603654N JOINT SERVICE 33,654 33,654
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
055 0603658N COOPERATIVE 54,783 54,783
ENGAGEMENT.
056 0603713N OCEAN 9,996 9,996
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
057 0603721N ENVIRONMENTAL 21,714 21,714
PROTECTION.
058 0603724N NAVY ENERGY 70,538 70,538
PROGRAM.
059 0603725N FACILITIES 3,754 3,754
IMPROVEMENT.
060 0603734N CHALK CORAL..... 79,415 79,415
061 0603739N NAVY LOGISTIC 4,137 4,137
PRODUCTIVITY.
062 0603746N RETRACT MAPLE... 276,383 276,383
063 0603748N LINK PLUMERIA... 52,721 52,721
064 0603751N RETRACT ELM..... 160,964 150,964
............... Classified [-10,000]
adjustment.
066 0603764N LINK EVERGREEN.. 144,985 144,985
067 0603787N SPECIAL 43,704 43,704
PROCESSES.
068 0603790N NATO RESEARCH 9,140 9,140
AND DEVELOPMENT.
069 0603795N LAND ATTACK 421 421
TECHNOLOGY.
070 0603851M NONLETHAL 40,992 40,992
WEAPONS.
071 0603860N JOINT PRECISION 121,455 118,255
APPROACH AND
LANDING SYSTEMS.
............... Excess [-3,200]
management
services
funding.
[[Page 125 STAT. 1756]]
075 0604272N TACTICAL AIR 64,107 64,107
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
076 0604279N ASE SELF- 711 711
PROTECTION
OPTIMIZATION.
077 0604653N JOINT COUNTER 62,044 62,044
RADIO
CONTROLLED IED
ELECTRONIC
WARFARE (JCREW).
078 0604659N PRECISION STRIKE 22,665 3,450
WEAPONS
DEVELOPMENT
PROGRAM.
............... Excess [-1,000]
support
funding.
............... FMU-164 fuze [-18,215]
program
termination.
079 0604707N SPACE AND 33,621 33,621
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
080 0303354N ASW SYSTEMS 1,078 1,078
DEVELOPMENT--MI
P.
082 0304270N ELECTRONIC 625 625
WARFARE
DEVELOPMENT--MI
P.
............... SUBTOTAL 4,481,053 4,394,861
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
083 0604212N OTHER HELO 35,651 42,651
DEVELOPMENT.
............... Navy [7,000]
requested
transfer
from line 98
for VH-3/VH-
60
sustainment.
084 0604214N AV-8B AIRCRAFT-- 30,676 30,676
ENG DEV.
085 0604215N STANDARDS 51,191 49,491
DEVELOPMENT.
............... Collision [-1,700]
avoidance
safety
program
delay.
086 0604216N MULTI-MISSION 17,673 17,673
HELICOPTER
UPGRADE
DEVELOPMENT.
087 0604218N AIR/OCEAN 5,922 5,922
EQUIPMENT
ENGINEERING.
088 0604221N P-3 3,417 3,417
MODERNIZATION
PROGRAM.
089 0604230N WARFARE SUPPORT 9,944 9,944
SYSTEM.
090 0604231N TACTICAL COMMAND 81,257 77,257
SYSTEM.
............... NTCSS-- [-4,000]
reduce
program
growth.
091 0604234N ADVANCED HAWKEYE 110,994 110,994
092 0604245N H-1 UPGRADES.... 72,569 67,569
............... Development [-5,000]
support
funding
growth.
093 0604261N ACOUSTIC SEARCH 56,509 48,898
SENSORS.
............... High [-1,611]
Altitude ASW
program
delay.
............... Management [-6,000]
services
funding
growth.
094 0604262N V-22A........... 84,477 84,477
095 0604264N AIR CREW SYSTEMS 3,249 3,249
DEVELOPMENT.
096 0604269N EA-18........... 17,100 17,100
097 0604270N ELECTRONIC 89,418 89,418
WARFARE
DEVELOPMENT.
098 0604273N VH-71A EXECUTIVE 180,070 60,770
HELO
DEVELOPMENT.
............... Early to [-76,300]
need.
............... Navy [-24,000]
requested
transfer to
APN line 47.
............... Navy [-12,000]
requested
transfer to
APN line 62.
............... Navy [-7,000]
requested
transfer to
line 83.
099 0604274N NEXT GENERATION 189,919 170,919
JAMMER (NGJ).
............... Technology [-19,000]
Development
late
contract
award.
100 0604280N JOINT TACTICAL 688,146 676,146
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
............... HMS [-60,000]
capability
enhancements
unjustified
request.
............... Management [-3,000]
services
funding
growth.
............... Transfer [51,000]
from OP,A
line 39 for
GMR
correction
of
deficiencies.
101 0604307N SURFACE 223,283 223,283
COMBATANT
COMBAT SYSTEM
ENGINEERING.
102 0604311N LPD-17 CLASS 884 884
SYSTEMS
INTEGRATION.
103 0604329N SMALL DIAMETER 47,635 29,635
BOMB (SDB).
............... Defer [-18,000]
Integration
on Joint
Strike
Fighter.
104 0604366N STANDARD MISSILE 46,705 46,705
IMPROVEMENTS.
105 0604373N AIRBORNE MCM.... 41,142 41,142
106 0604378N NAVAL INTEGRATED 24,898 24,898
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
107 0604404N FUTURE UNMANNED 121,150 75,700
CARRIER-BASED
STRIKE SYSTEM.
............... Delay to [-45,450]
Technology
Development
contract
award.
108 0604501N ADVANCED ABOVE 60,790 60,790
WATER SENSORS.
108A 0604XXXN AIR AND MISSILE 166,568 166,568
DEFENSE RADAR.
[[Page 125 STAT. 1757]]
109 0604503N SSN-688 AND 100,591 95,671
TRIDENT
MODERNIZATION.
............... TB-33 [-4,920]
program
cancellation.
110 0604504N AIR CONTROL..... 5,521 5,521
111 0604512N SHIPBOARD 45,445 45,445
AVIATION
SYSTEMS.
112 0604518N COMBAT 3,400 3,400
INFORMATION
CENTER
CONVERSION.
113 0604558N NEW DESIGN SSN.. 97,235 97,235
114 0604562N SUBMARINE 48,466 48,466
TACTICAL
WARFARE SYSTEM.
115 0604567N SHIP CONTRACT 161,099 121,099
DESIGN/ LIVE
FIRE T&E.
............... Ship-to- [-40,000]
Shore
Connector--
contract
award delay.
116 0604574N NAVY TACTICAL 3,848 3,848
COMPUTER
RESOURCES.
117 0604601N MINE DEVELOPMENT 3,933 3,933
118 0604610N LIGHTWEIGHT 32,592 32,592
TORPEDO
DEVELOPMENT.
119 0604654N JOINT SERVICE 9,960 9,960
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
120 0604703N PERSONNEL, 12,992 12,992
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
121 0604727N JOINT STANDOFF 7,506 7,506
WEAPON SYSTEMS.
122 0604755N SHIP SELF 71,222 71,222
DEFENSE (DETECT
& CONTROL).
123 0604756N SHIP SELF 6,631 6,631
DEFENSE
(ENGAGE: HARD
KILL).
124 0604757N SHIP SELF 184,095 184,095
DEFENSE
(ENGAGE: SOFT
KILL/EW).
125 0604761N INTELLIGENCE 2,217 2,217
ENGINEERING.
126 0604771N MEDICAL 12,984 12,984
DEVELOPMENT.
127 0604777N NAVIGATION/ID 50,178 39,378
SYSTEM.
............... Mode 5 [-10,800]
program
delay.
128 0604800M JOINT STRIKE 670,723 651,786
FIGHTER (JSF)--
EMD.
............... Block IV [-18,937]
development
ahead of
need.
129 0604800N JOINT STRIKE 677,486 658,549
FIGHTER (JSF).
............... Block IV [-18,937]
development
ahead of
need.
130 0605013M INFORMATION 27,461 19,461
TECHNOLOGY
DEVELOPMENT.
............... Prgram [-8,000]
underexecuti
on.
131 0605013N INFORMATION 58,764 29,764
TECHNOLOGY
DEVELOPMENT.
............... Reduction to [-29,000]
fourth
quarter
contract
awards.
132 0605018N NAVY INTEGRATED 55,050 55,050
MILITARY HUMAN
RESOURCES
SYSTEM (N-
IMHRS).
133 0605212N CH-53K RDTE..... 629,461 624,461
............... Management [-5,000]
services
funding
growth.
135 0605450N JOINT AIR-TO- 118,395 108,395
GROUND MISSILE
(JAGM).
............... Program [-10,000]
delay.
136 0605500N MULTI-MISSION 622,713 608,713
MARITIME
AIRCRAFT (MMA).
............... Increment 3-- [-14,000]
development
ahead of
need.
138 0204202N DDG-1000........ 261,604 257,604
............... Government [-4,000]
technical
services
growth.
139 0304231N TACTICAL COMMAND 979 979
SYSTEM--MIP.
141 0304785N TACTICAL 31,740 31,740
CRYPTOLOGIC
SYSTEMS.
............... SUBTOTAL 6,475,528 6,086,873
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
142 0604256N THREAT SIMULATOR 28,318 28,318
DEVELOPMENT.
143 0604258N TARGET SYSTEMS 44,700 44,700
DEVELOPMENT.
144 0604759N MAJOR T&E 37,957 37,957
INVESTMENT.
145 0605126N JOINT THEATER 2,970 2,970
AIR AND MISSILE
DEFENSE
ORGANIZATION.
146 0605152N STUDIES AND 23,454 17,454
ANALYSIS
SUPPORT--NAVY.
............... Reduction to [-6,000]
growth.
147 0605154N CENTER FOR NAVAL 47,127 47,127
ANALYSES.
148 0605502N SMALL BUSINESS 10 10
INNOVATIVE
RESEARCH.
149 0605804N TECHNICAL 571 571
INFORMATION
SERVICES.
150 0605853N MANAGEMENT, 68,301 58,301
TECHNICAL &
INTERNATIONAL
SUPPORT.
............... OASUW--defer [-10,000]
new start.
151 0605856N STRATEGIC 3,277 3,277
TECHNICAL
SUPPORT.
152 0605861N RDT&E SCIENCE 73,917 73,917
AND TECHNOLOGY
MANAGEMENT.
153 0605863N RDT&E SHIP AND 136,531 136,531
AIRCRAFT
SUPPORT.
154 0605864N TEST AND 335,367 335,367
EVALUATION
SUPPORT.
[[Page 125 STAT. 1758]]
155 0605865N OPERATIONAL TEST 16,634 16,634
AND EVALUATION
CAPABILITY.
156 0605866N NAVY SPACE AND 4,228 4,228
ELECTRONIC
WARFARE (SEW)
SUPPORT.
157 0605867N SEW SURVEILLANCE/ 7,642 7,642
RECONNAISSANCE
SUPPORT.
158 0605873M MARINE CORPS 25,655 25,655
PROGRAM WIDE
SUPPORT.
159 0305885N TACTICAL 2,764 2,764
CRYPTOLOGIC
ACTIVITIES.
............... SUBTOTAL 859,423 843,423
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
164 0604402N UNMANNED COMBAT 198,298 198,298
AIR VEHICLE
(UCAV) ADVANCED
COMPONENT AND
PROTOTYPE
DEVELOPMENT.
165 0604717M MARINE CORPS 400 400
COMBAT SERVICES
SUPPORT.
166 0604766M MARINE CORPS 1,650 1,650
DATA SYSTEMS.
167 0101221N STRATEGIC SUB & 88,873 88,873
WEAPONS SYSTEM
SUPPORT.
168 0101224N SSBN SECURITY 33,553 33,553
TECHNOLOGY
PROGRAM.
169 0101226N SUBMARINE 6,360 6,360
ACOUSTIC
WARFARE
DEVELOPMENT.
170 0101402N NAVY STRATEGIC 23,208 23,208
COMMUNICATIONS.
171 0203761N RAPID TECHNOLOGY 30,021 30,021
TRANSITION
(RTT).
172 0204136N F/A-18 SQUADRONS 151,030 145,161
............... Radar [-5,869]
upgrade
program
delay.
173 0204152N E-2 SQUADRONS... 6,696 6,696
174 0204163N FLEET 1,739 1,739
TELECOMMUNICATI
ONS (TACTICAL).
175 0204228N SURFACE SUPPORT. 3,377 3,377
176 0204229N TOMAHAWK AND 8,819 8,819
TOMAHAWK
MISSION
PLANNING CENTER
(TMPC).
177 0204311N INTEGRATED 21,259 21,259
SURVEILLANCE
SYSTEM.
178 0204413N AMPHIBIOUS 5,214 5,214
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
179 0204571N CONSOLIDATED 42,244 42,244
TRAINING
SYSTEMS
DEVELOPMENT.
180 0204574N CRYPTOLOGIC 1,447 1,447
DIRECT SUPPORT.
181 0204575N ELECTRONIC 18,142 18,142
WARFARE (EW)
READINESS
SUPPORT.
182 0205601N HARM IMPROVEMENT 11,147 11,147
183 0205604N TACTICAL DATA 69,224 69,224
LINKS.
184 0205620N SURFACE ASW 22,010 22,010
COMBAT SYSTEM
INTEGRATION.
185 0205632N MK-48 ADCAP..... 39,288 39,288
186 0205633N AVIATION 123,012 100,423
IMPROVEMENTS.
............... Cancelation [-22,589]
of Multi-
Purpose Bomb
Racks
Program.
187 0205658N NAVY SCIENCE 1,957 1,957
ASSISTANCE
PROGRAM.
188 0205675N OPERATIONAL 82,705 82,705
NUCLEAR POWER
SYSTEMS.
189 0206313M MARINE CORPS 320,864 320,864
COMMUNICATIONS
SYSTEMS.
190 0206623M MARINE CORPS 209,396 184,396
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
............... Amphibious
Combat
Vehicle (non-
add)
............... Excess funds [-25,000]
for Marine
Personnel
Carrier &
AAV Upgrade.
191 0206624M MARINE CORPS 45,172 27,072
COMBAT SERVICES
SUPPORT.
............... Program [-18,100]
execution.
192 0206625M USMC 14,101 14,101
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
193 0207161N TACTICAL AIM 8,765 8,765
MISSILES.
194 0207163N ADVANCED MEDIUM 2,913 2,913
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
195 0208058N JOINT HIGH SPEED 4,108 4,108
VESSEL (JHSV).
200 0303109N SATELLITE 263,712 263,712
COMMUNICATIONS
(SPACE).
201 0303138N CONSOLIDATED 12,906 24,906
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
............... Transfer [12,000]
from CANES
(OPN 68) per
USN request.
202 0303140N INFORMATION 25,229 25,229
SYSTEMS
SECURITY
PROGRAM.
203 0303150M WWMCCS/GLOBAL 1,250 1,250
COMMAND AND
CONTROL SYSTEM.
204 0303238N CONSOLIDATED 6,602 6,602
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES)--MIP.
206 0305149N COBRA JUDY...... 40,605 40,605
[[Page 125 STAT. 1759]]
207 0305160N NAVY 904 904
METEOROLOGICAL
AND OCEAN
SENSORS-SPACE
(METOC).
208 0305192N MILITARY 4,099 4,099
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
209 0305204N TACTICAL 9,353 9,353
UNMANNED AERIAL
VEHICLES.
210 0305206N AIRBORNE 0
RECONNAISSANCE
SYSTEMS.
212 0305208M DISTRIBUTED 23,785 23,785
COMMON GROUND/
SURFACE SYSTEMS.
213 0305208N DISTRIBUTED 25,487 25,487
COMMON GROUND/
SURFACE SYSTEMS.
214 0305220N RQ-4 UAV........ 548,482 548,482
215 0305231N MQ-8 UAV........ 108,248 108,248
216 0305232M RQ-11 UAV....... 979 979
217 0305233N RQ-7 UAV........ 872 872
219 0305234N SMALL (LEVEL 0) 22,698 21,398
TACTICAL UAS
(STUASL0).
............... Excess [-1,300]
support
funding.
220 0305237N MEDIUM RANGE 15,000 15,000
MARITIME UAS.
221 0305239M RQ-21A.......... 26,301 24,201
............... Program [-2,100]
delays.
223 0308601N MODELING AND 8,292 8,292
SIMULATION
SUPPORT.
224 0702207N DEPOT 21,609 21,609
MAINTENANCE
(NON-IF).
226 0708011N INDUSTRIAL 54,031 54,031
PREPAREDNESS.
227 0708730N MARITIME 5,000 5,000
TECHNOLOGY
(MARITECH).
227A 9999999999 CLASSIFIED 1,308,608 1,306,945
PROGRAMS.
............... Classified [-1,663]
Adjustment.
............... SUBTOTAL 4,131,044 4,066,423
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 17,956,431 17,382,140
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... BASIC RESEARCH
001 0601102F DEFENSE RESEARCH 364,328 364,328
SCIENCES.
002 0601103F UNIVERSITY 140,273 140,273
RESEARCH
INITIATIVES.
003 0601108F HIGH ENERGY 14,258 14,258
LASER RESEARCH
INITIATIVES.
............... SUBTOTAL 518,859 518,859
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
004 0602102F MATERIALS....... 136,230 136,230
005 0602201F AEROSPACE 147,628 147,628
VEHICLE
TECHNOLOGIES.
006 0602202F HUMAN 86,663 86,663
EFFECTIVENESS
APPLIED
RESEARCH.
007 0602203F AEROSPACE 207,508 207,508
PROPULSION.
008 0602204F AEROSPACE 134,787 134,787
SENSORS.
009 0602601F SPACE TECHNOLOGY 115,285 115,285
010 0602602F CONVENTIONAL 60,692 60,692
MUNITIONS.
011 0602605F DIRECTED ENERGY 111,156 111,156
TECHNOLOGY.
012 0602788F DOMINANT 127,866 127,866
INFORMATION
SCIENCES AND
METHODS.
013 0602890F HIGH ENERGY 54,059 54,059
LASER RESEARCH.
............... SUBTOTAL 1,181,874 1,181,874
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
014 0603112F ADVANCED 39,738 48,238
MATERIALS FOR
WEAPON SYSTEMS.
............... Program [8,500]
Increase--Me
tals
Affordabilit
y Initiative.
015 0603199F SUSTAINMENT 5,780 5,780
SCIENCE AND
TECHNOLOGY
(S&T).
016 0603203F ADVANCED 53,075 53,075
AEROSPACE
SENSORS.
017 0603211F AEROSPACE 67,474 67,474
TECHNOLOGY DEV/
DEMO.
018A 0603XXXF FUELS........... 6,770 6,770
018B 0603XXXF POWER TECHNOLOGY 5,747 5,747
018C 0603XXXF PROPULSION...... 80,833 80,833
018D 0603XXXF ROCKET 27,603 27,603
PROPULSION.
019 0603270F ELECTRONIC 22,268 22,268
COMBAT
TECHNOLOGY.
020 0603401F ADVANCED 74,636 74,636
SPACECRAFT
TECHNOLOGY.
021 0603444F MAUI SPACE 13,555 13,555
SURVEILLANCE
SYSTEM (MSSS).
022 0603456F HUMAN 25,319 25,319
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
[[Page 125 STAT. 1760]]
023 0603601F CONVENTIONAL 54,042 45,542
WEAPONS
TECHNOLOGY.
............... High [-8,500]
Velocity
Penetrating
Weapon--ahea
d of need.
024 0603605F ADVANCED WEAPONS 28,683 28,683
TECHNOLOGY.
025 0603680F MANUFACTURING 40,103 40,103
TECHNOLOGY
PROGRAM.
026 0603788F BATTLESPACE 38,656 38,656
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
027 0603924F HIGH ENERGY 1,122 1,122
LASER ADVANCED
TECHNOLOGY
PROGRAM.
............... SUBTOTAL 585,404 585,404
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603260F INTELLIGENCE 4,013 4,013
ADVANCED
DEVELOPMENT.
029 0603287F PHYSICAL 3,586 3,586
SECURITY
EQUIPMENT.
031 0603430F ADVANCED EHF 421,687 401,687
MILSATCOM
(SPACE).
............... Excess to [-20,000]
need--poor
justificatio
n.
032 0603432F POLAR MILSATCOM 122,991 102,991
(SPACE).
............... Development [-20,000]
schedule
delay.
033 0603438F SPACE CONTROL 45,755 45,755
TECHNOLOGY.
034 0603742F COMBAT 38,496 38,496
IDENTIFICATION
TECHNOLOGY.
035 0603790F NATO RESEARCH 4,424 4,424
AND DEVELOPMENT.
036 0603791F INTERNATIONAL 642 642
SPACE
COOPERATIVE R&D.
037 0603830F SPACE PROTECTION 9,819 7,319
PROGRAM (SPP).
............... Excess to [-2,500]
need.
038 0603850F INTEGRATED 20,046 20,046
BROADCAST
SERVICE.
039 0603851F INTERCONTINENTAL 67,202 69,702
BALLISTIC
MISSILE.
............... Program [2,500]
increase.
040 0603854F WIDEBAND GLOBAL 12,804 12,804
SATCOM RDT&E
(SPACE).
041 0603859F POLLUTION 2,075 2,075
PREVENTION.
042 0603860F JOINT PRECISION 20,112 20,112
APPROACH AND
LANDING SYSTEMS.
043 0604015F NEXT GENERATION 197,023 197,023
BOMBER.
044 0604283F BATTLE MGMT COM 60,250 31,250
& CTRL SENSOR
DEVELOPMENT.
............... 3DELRR [-29,000]
Contract
Delays.
045 0604317F TECHNOLOGY 2,553 2,553
TRANSFER.
046 0604327F HARD AND DEEPLY 38,248 33,248
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
............... Program [-5,000]
reduction.
047 0604330F JOINT DUAL ROLE 29,759 29,759
AIR DOMINANCE
MISSILE.
048 0604337F REQUIREMENTS 24,217 24,217
ANALYSIS AND
MATURATION.
049 0604436F NEXT-GENERATION 0
MILSATCOM
TECHNOLOGY
DEVELOPMENT.
050 0604635F GROUND ATTACK 24,467 24,467
WEAPONS FUZE
DEVELOPMENT.
053 0604857F OPERATIONALLY 86,543 86,543
RESPONSIVE
SPACE.
054 0604858F TECH TRANSITION 2,773 2,773
PROGRAM.
055 0305178F NATIONAL POLAR- 444,900 43,000
ORBITING
OPERATIONAL
ENVIRONMENTAL
SATELLITE
SYSTEM (NPOESS).
............... DWSS program [-444,900]
termination.
............... Termination [43,000]
liability.
............... SUBTOTAL 1,684,385 1,208,485
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
056 0603840F GLOBAL BROADCAST 5,680 5,680
SERVICE (GBS).
057 0604222F NUCLEAR WEAPONS 18,538 18,538
SUPPORT.
058 0604233F SPECIALIZED 21,780 21,780
UNDERGRADUATE
FLIGHT TRAINING.
059 0604270F ELECTRONIC 26,880 16,880
WARFARE
DEVELOPMENT.
............... MALD-J [-10,000]
Increment 2--
Technology
Development
Contract
Delay.
061 0604281F TACTICAL DATA 52,355 48,105
NETWORKS
ENTERPRISE.
............... CLIP-- [-1,250]
Contract
Delays.
............... STRATCOM [-3,000]
DNC2
Contract
Delays.
062 0604287F PHYSICAL 51 51
SECURITY
EQUIPMENT.
063 0604329F SMALL DIAMETER 132,891 132,891
BOMB (SDB).
064 0604421F COUNTERSPACE 31,913 31,913
SYSTEMS.
[[Page 125 STAT. 1761]]
065 0604425F SPACE SITUATION 273,689 241,089
AWARENESS
SYSTEMS.
............... Space Based [-12,600]
Space
Surveillance
excess to
need.
............... Space Fence-- [-20,000]
poor
justificatio
n.
066 0604429F AIRBORNE 47,100 41,000
ELECTRONIC
ATTACK.
............... AEA SoS-- [-2,600]
Contract
Delays.
............... Electronic [-3,500]
Attack Pod--
Delayed
Start.
067 0604441F SPACE BASED 621,629 621,629
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
069 0604602F ARMAMENT/ 10,055 7,755
ORDNANCE
DEVELOPMENT.
............... Universal [-2,300]
Armament
Interface
Contract
Delay.
070 0604604F SUBMUNITIONS.... 2,427 2,427
071 0604617F AGILE COMBAT 11,878 7,978
SUPPORT.
............... BEAR--Ahead [-3,900]
of Need.
073 0604706F LIFE SUPPORT 11,280 9,280
SYSTEMS.
............... Integrated [-2,000]
Aircrew
Ensemble--
Contract
Award Delays.
074 0604735F COMBAT TRAINING 28,106 8,106
RANGES.
............... Air Combat [-8,000]
Training
Systems (P5)
Upgrades--
Contract
Delay.
............... Joint Threat [-12,000]
Emitter
Increment 2--
Rephased
Program.
075 0604740F INTEGRATED 10 10
COMMAND &
CONTROL
APPLICATIONS
(IC2A).
076 0604750F INTELLIGENCE 995 995
EQUIPMENT.
077 0604800F JOINT STRIKE 1,387,926 1,387,926
FIGHTER (JSF).
078 0604851F INTERCONTINENTAL 158,477 148,477
BALLISTIC
MISSILE.
............... Support [-10,000]
Equipment--c
ontract
savings.
079 0604853F EVOLVED 20,028 15,028
EXPENDABLE
LAUNCH VEHICLE
PROGRAM (SPACE).
............... Program [-5,000]
underexecuti
on due to
schedule
delay.
080 0605221F NEXT GENERATION 877,084 877,084
AERIAL
REFUELING
AIRCRAFT.
081 0605229F CSAR HH-60 94,113 11,000
RECAPITALIZATIO
N.
............... Budget [-10,400]
Adjustment
per Air
Force
Request to
APAF-63.
............... Budget [-54,600]
Adjustment
per Air
Force
Request to
APAF-73.
............... Program [-18,113]
Reduction.
083 0605278F HC/MC-130 RECAP 27,071 22,071
RDT&E.
............... Contract [-5,000]
Savings.
085 0101125F NUCLEAR WEAPONS 93,867 93,867
MODERNIZATION.
086 0207100F LIGHT ATTACK 23,721 13,721
ARMED
RECONNAISSANCE
(LAAR)
SQUADRONS.
............... Program [-10,000]
reduction.
088 0207701F FULL COMBAT 39,826 29,826
MISSION
TRAINING.
............... Block 40/50 [-10,000]
Mission
Training
Center--
Excess to
need.
089 0401138F JOINT CARGO 27,089 27,089
AIRCRAFT (JCA).
090 0401318F CV-22........... 20,723 13,223
............... Contract [-7,500]
Delay.
091 0401845F AIRBORNE SENIOR 12,535 0
LEADER C3
(SLC3S).
............... Program [-12,535]
Termination.
............... SUBTOTAL 4,079,717 3,855,419
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
092 0604256F THREAT SIMULATOR 22,420 22,420
DEVELOPMENT.
093 0604759F MAJOR T&E 62,206 62,206
INVESTMENT.
094 0605101F RAND PROJECT AIR 27,579 27,579
FORCE.
096 0605712F INITIAL 17,767 17,767
OPERATIONAL
TEST &
EVALUATION.
097 0605807F TEST AND 654,475 704,475
EVALUATION
SUPPORT.
............... Program [50,000]
Increase.
098 0605860F ROCKET SYSTEMS 158,096 158,096
LAUNCH PROGRAM
(SPACE).
099 0605864F SPACE TEST 47,926 47,926
PROGRAM (STP).
100 0605976F FACILITIES 44,547 44,547
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
101 0605978F FACILITIES 27,953 27,953
SUSTAINMENT--TE
ST AND
EVALUATION
SUPPORT.
[[Page 125 STAT. 1762]]
102 0606323F MULTI-SERVICE 13,953 13,953
SYSTEMS
ENGINEERING
INITIATIVE.
103 0702806F ACQUISITION AND 31,966 31,966
MANAGEMENT
SUPPORT.
104 0804731F GENERAL SKILL 1,510 1,510
TRAINING.
106 1001004F INTERNATIONAL 3,798 3,798
ACTIVITIES.
............... SUBTOTAL 1,114,196 1,164,196
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
107 0603423F GLOBAL 390,889 366,889
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT.
............... Slow [-24,000]
execution.
108 0604263F COMMON VERTICAL 5,365 5,365
LIFT SUPPORT
PLATFORM.
109 0605018F AF INTEGRATED 91,866 91,866
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
110 0605024F ANTI-TAMPER 35,467 35,467
TECHNOLOGY
EXECUTIVE
AGENCY.
112 0101113F B-52 SQUADRONS.. 133,261 93,996
............... 1760 IWBU [-10,000]
contract
delays.
............... EHF contract [-13,000]
delays.
............... IFF Mode S/5 [-5,000]
Development
contract
delays.
............... SR2 excess [-11,265]
to
requirement.
113 0101122F AIR-LAUNCHED 803 803
CRUISE MISSILE
(ALCM).
114 0101126F B-1B SQUADRONS.. 33,011 33,011
115 0101127F B-2 SQUADRONS... 340,819 280,319
............... Delay in EHF [-60,500]
communicatio
ns
development
due to FAB-T
delay.
116 0101313F STRAT WAR 23,072 23,072
PLANNING
SYSTEM--USSTRAT
COM.
117 0101314F NIGHT FIST-- 5,421 2,000
USSTRATCOM.
............... Program [-3,421]
Termination.
119 0102325F ATMOSPHERIC 4,485 0
EARLY WARNING
SYSTEM.
............... Unjustified [-4,485]
request.
120 0102326F REGION/SECTOR 12,672 6,672
OPERATION
CONTROL CENTER
MODERNIZATION
PROGRAM.
............... BCS-F excess [-6,000]
to
requirement.
121 0102823F STRATEGIC 14 14
AEROSPACE
INTELLIGENCE
SYSTEM
ACTIVITIES.
122 0203761F WARFIGHTER RAPID 19,934 19,934
ACQUISITION
PROCESS (WRAP)
RAPID
TRANSITION FUND.
123 0205219F MQ-9 UAV........ 146,824 126,824
............... Contract [-20,000]
Delays.
125 0207131F A-10 SQUADRONS.. 11,051 11,051
126 0207133F F-16 SQUADRONS.. 143,869 131,069
............... SLEP [-12,800]
Contract
Delay.
127 0207134F F-15E SQUADRONS. 207,531 194,831
............... ADCP--Excess [-12,700]
to
Requirement.
128 0207136F MANNED 13,253 13,253
DESTRUCTIVE
SUPPRESSION.
129 0207138F F-22A SQUADRONS. 718,432 571,432
............... Program [-147,000]
Growth.
130 0207142F F-35 SQUADRONS.. 47,841 9,967
............... Block IV [-37,874]
Development--
Ahead of
need.
131 0207161F TACTICAL AIM 8,023 8,023
MISSILES.
132 0207163F ADVANCED MEDIUM 77,830 77,830
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
133 0207170F JOINT HELMET 1,436 1,436
MOUNTED CUEING
SYSTEM (JHMCS).
134 0207224F COMBAT RESCUE 2,292 2,292
AND RECOVERY.
135 0207227F COMBAT RESCUE-- 927 927
PARARESCUE.
136 0207247F AF TENCAP....... 20,727 20,727
137 0207249F PRECISION ATTACK 3,128 3,128
SYSTEMS
PROCUREMENT.
138 0207253F COMPASS CALL.... 18,509 18,509
139 0207268F AIRCRAFT ENGINE 182,967 172,967
COMPONENT
IMPROVEMENT
PROGRAM.
............... Excess to [-10,000]
Requirement.
141 0207325F JOINT AIR-TO- 5,796 5,796
SURFACE
STANDOFF
MISSILE (JASSM).
142 0207410F AIR & SPACE 121,880 121,880
OPERATIONS
CENTER (AOC).
143 0207412F CONTROL AND 3,954 3,954
REPORTING
CENTER (CRC).
[[Page 125 STAT. 1763]]
144 0207417F AIRBORNE WARNING 135,961 118,661
AND CONTROL
SYSTEM (AWACS).
............... Poor program [-17,300]
execution.
145 0207418F TACTICAL 8,309 8,309
AIRBORNE
CONTROL SYSTEMS.
146 0207423F ADVANCED 90,083 44,883
COMMUNICATIONS
SYSTEMS.
............... Common [-40,000]
Processing
Environment--
Schedule
Delays.
............... JTRS [-5,200]
Integration
and
Engineering
Support--
Schedule
Delays.
148 0207431F COMBAT AIR 5,428 5,428
INTELLIGENCE
SYSTEM
ACTIVITIES.
149 0207438F THEATER BATTLE 15,528 15,528
MANAGEMENT
(TBM) C4I.
150 0207444F TACTICAL AIR 15,978 9,678
CONTROL PARTY-
MOD.
............... JETS [-2,000]
Contract
Delays.
............... VCS--Program [-4,300]
Termination
and
Restructure.
152 0207448F C2ISR TACTICAL 1,536 1,536
DATA LINK.
153 0207449F COMMAND AND 18,102 18,102
CONTROL (C2)
CONSTELLATION.
154 0207581F JOINT 121,610 121,610
SURVEILLANCE/
TARGET ATTACK
RADAR SYSTEM
(JSTARS).
155 0207590F SEEK EAGLE...... 18,599 18,599
156 0207601F USAF MODELING 23,091 23,091
AND SIMULATION.
157 0207605F WARGAMING AND 5,779 5,779
SIMULATION
CENTERS.
158 0207697F DISTRIBUTED 5,264 3,264
TRAINING AND
EXERCISES.
............... Unjustified [-2,000]
growth.
159 0208006F MISSION PLANNING 69,918 63,418
SYSTEMS.
............... CAF [-6,500]
Increment IV-
-Critical
Change Delay.
160 0208021F INFORMATION 2,322 2,322
WARFARE SUPPORT.
161 0208059F CYBER COMMAND 702 702
ACTIVITIES.
168 0301400F SPACE 11,866 8,866
SUPERIORITY
INTELLIGENCE.
............... Program [-3,000]
underexecuti
on due to
schedule
delays.
169 0302015F E-4B NATIONAL 5,845 4,845
AIRBORNE
OPERATIONS
CENTER (NAOC).
............... Secure, [-1,000]
Survivable
Communicatio
ns delayed
program
start.
170 0303131F MINIMUM 43,811 43,811
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
171 0303140F INFORMATION 101,788 92,788
SYSTEMS
SECURITY
PROGRAM.
............... Delay due to [-9,000]
protest.
172 0303141F GLOBAL COMBAT 449 449
SUPPORT SYSTEM.
173 0303150F GLOBAL COMMAND 3,854 3,854
AND CONTROL
SYSTEM.
175 0303601F MILSATCOM 238,729 196,729
TERMINALS.
............... Transfer to [-42,000]
FAB-T
alternative
line 175a.
175A 0303XXXF FAB-T 42,000
ALTERNATIVE.
............... Transfer [42,000]
from FAB-T
line 175.
177 0304260F AIRBORNE SIGINT -13,500
ENTERPRISE.
............... Contract/ [-13,500]
Program
Delays.
177A 0304XXXF RC-135.......... 34,744 34,744
177B 0304XXXF COMMON 87,004 87,004
DEVELOPMENT.
180 0305099F GLOBAL AIR 4,604 4,604
TRAFFIC
MANAGEMENT
(GATM).
181 0305103F CYBER SECURITY 2,026 2,026
INITIATIVE.
182 0305105F DOD CYBER CRIME 282 282
CENTER.
183 0305110F SATELLITE 18,337 18,337
CONTROL NETWORK
(SPACE).
184 0305111F WEATHER SERVICE. 31,084 31,084
185 0305114F AIR TRAFFIC 63,367 21,367
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
............... D--RAPCON [-42,000]
Contract
Delay.
186 0305116F AERIAL TARGETS.. 50,620 45,620
............... QF-16-- [-5,000]
Excess to
Need.
189 0305128F SECURITY AND 366 366
INVESTIGATIVE
ACTIVITIES.
190 0305146F DEFENSE JOINT 39 39
COUNTERINTELLIG
ENCE ACTIVITIES.
191 0305159F ENTERPRISE QUERY 0
& CORRELATION.
192 0305164F NAVSTAR GLOBAL 133,601 133,601
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
193 0305165F NAVSTAR GLOBAL 17,893 17,893
POSITIONING
SYSTEM (SPACE
AND CONTROL
SEGMENTS).
195 0305173F SPACE AND 196,254 188,754
MISSILE TEST
AND EVALUATION
CENTER.
............... Excess to [-7,500]
need.
[[Page 125 STAT. 1764]]
196 0305174F SPACE INNOVATION 2,961 2,961
AND DEVELOPMENT
CENTER.
197 0305182F SPACELIFT RANGE 9,940 9,940
SYSTEM (SPACE).
198 0305193F INTELLIGENCE 1,271 1,271
SUPPORT TO
INFORMATION
OPERATIONS (IO).
200 0305205F ENDURANCE 52,425 45,925
UNMANNED AERIAL
VEHICLES.
............... Funded via [-6,500]
reprogrammin
g action.
201 0305206F AIRBORNE 106,877 99,677
RECONNAISSANCE
SYSTEMS.
............... Unjustified [-7,200]
request.
202 0305207F MANNED 13,049 13,049
RECONNAISSANCE
SYSTEMS.
203 0305208F DISTRIBUTED 90,724 85,724
COMMON GROUND/
SURFACE SYSTEMS.
............... Contract [-5,000]
delays.
204 0305219F MQ-1 PREDATOR A 14,112 11,642
UAV.
............... Common [-2,470]
Sensor
Payload--
Ahead of
Need.
205 0305220F RQ-4 UAV........ 423,462 423,462
206 0305221F NETWORK-CENTRIC 7,348 7,348
COLLABORATIVE
TARGETING.
207 0305265F GPS III SPACE 463,081 458,081
SEGMENT.
............... GPS III CIP-- [-5,000]
poor
justificatio
n.
208 0305614F JSPOC MISSION 118,950 81,450
SYSTEM.
............... JMS program [-37,500]
restructure.
209 0305887F INTELLIGENCE 14,736 14,736
SUPPORT TO
INFORMATION
WARFARE.
210 0305913F NUDET DETECTION 81,989 81,989
SYSTEM (SPACE).
212 0305940F SPACE SITUATION 31,956 31,956
AWARENESS
OPERATIONS.
213 0307141F INFORMATION 23,931 23,931
OPERATIONS
TECHNOLOGY
INTEGRATION &
TOOL
DEVELOPMENT.
214 0308699F SHARED EARLY 1,663 1,663
WARNING (SEW).
215 0401115F C-130 AIRLIFT 24,509 6,509
SQUADRON.
............... Contract [-18,000]
Delays.
216 0401119F C-5 AIRLIFT 24,941 12,941
SQUADRONS (IF).
............... RERP Program [-12,000]
Rephased.
217 0401130F C-17 AIRCRAFT 128,169 94,269
(IF).
............... Contract [-33,900]
Delays.
218 0401132F C-130J PROGRAM.. 39,537 39,537
219 0401134F LARGE AIRCRAFT 7,438 7,438
IR
COUNTERMEASURES
(LAIRCM).
220 0401139F LIGHT MOBILITY 1,308 0
AIRCRAFT (LIMA).
............... Funded in [-1,308]
Fiscal Year
2011.
221 0401218F KC-135S......... 6,161 6,161
222 0401219F KC-10S.......... 30,868 30,868
223 0401314F OPERATIONAL 82,591 42,591
SUPPORT AIRLIFT.
............... VC-25A-- [-40,000]
Funding
Ahead of
Need.
225 0408011F SPECIAL TACTICS / 7,118 5,218
COMBAT CONTROL.
............... Line of [-1,900]
Sight--
Contract
Delay.
226 0702207F DEPOT 1,531 1,531
MAINTENANCE
(NON-IF).
228 0708012F LOGISTICS 944 944
SUPPORT
ACTIVITIES.
229 0708610F LOGISTICS 140,284 140,284
INFORMATION
TECHNOLOGY
(LOGIT).
230 0708611F SUPPORT SYSTEMS 10,990 10,990
DEVELOPMENT.
232 0804743F OTHER FLIGHT 322 322
TRAINING.
233 0804757F JOINT NATIONAL 11 11
TRAINING CENTER.
235 0808716F OTHER PERSONNEL 113 113
ACTIVITIES.
236 0901202F JOINT PERSONNEL 2,483 2,483
RECOVERY AGENCY.
237 0901218F CIVILIAN 1,508 1,508
COMPENSATION
PROGRAM.
238 0901220F PERSONNEL 8,041 1,041
ADMINISTRATION.
............... Contract [-7,000]
Delays.
239 0901226F AIR FORCE 928 928
STUDIES AND
ANALYSIS AGENCY.
240 0901279F FACILITIES 12,118 12,118
OPERATION--ADMI
NISTRATIVE.
241 0901538F FINANCIAL 101,317 76,317
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
............... DEAMS-- [-25,000]
Excess to
Requirement.
242 0902998F MANAGEMENT HQ-- 299 299
ADP SUPPORT
(AF).
242A 9999999999 CLASSIFIED 12,063,140 11,829,329
PROGRAMS.
............... Classified [-233,811]
Adjustment.
............... SUBTOTAL 18,573,266 17,600,332
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
[[Page 125 STAT. 1765]]
............... TOTAL 27,737,701 26,114,569
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... BASIC RESEARCH
001 0601000BR DTRA BASIC 47,737 47,737
RESEARCH
INITIATIVE.
002 0601101E DEFENSE RESEARCH 290,773 290,773
SCIENCES.
003 0601110D8Z BASIC RESEARCH 14,731 7,731
INITIATIVES.
............... Reduction to [-7,000]
new starts.
005 0601117E BASIC 37,870 37,870
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
006 0601120D8Z NATIONAL DEFENSE 101,591 86,591
EDUCATION
PROGRAM.
............... Program [-15,000]
Decrease.
007 0601384BP CHEMICAL AND 52,617 52,617
BIOLOGICAL
DEFENSE PROGRAM.
............... SUBTOTAL 545,319 523,319
BASIC
RESEARCH.
...............
............... APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS 21,592 20,592
TECHNOLOGY.
............... Excessive [-1,000]
growth.
009 0602115E BIOMEDICAL 110,000 95,000
TECHNOLOGY.
............... Unsustained [-15,000]
funding.
010 0602228D8Z HISTORICALLY 15,245
BLACK COLLEGES
AND
UNIVERSITIES
(HBCU) SCIENCE.
............... Realignment [15,245]
of Funds for
Proper
Oversight
and
Execution.
011 0602234D8Z LINCOLN 37,916 37,916
LABORATORY
RESEARCH
PROGRAM.
012 0602250D8Z SYSTEMS 2020 4,381 0
APPLIED
RESEARCH.
............... Duplication [-4,381]
of effort.
013 0602303E INFORMATION & 400,499 354,125
COMMUNICATIONS
TECHNOLOGY.
............... Program [-46,374]
Reduction.
014 0602304E COGNITIVE 49,365 49,365
COMPUTING
SYSTEMS.
015 0602305E MACHINE 61,351 52,276
INTELLIGENCE.
............... Unsustained [-9,075]
growth.
016 0602383E BIOLOGICAL 30,421 30,421
WARFARE DEFENSE.
017 0602384BP CHEMICAL AND 219,873 219,873
BIOLOGICAL
DEFENSE PROGRAM.
018 0602663D8Z DATA TO 9,235 4,235
DECISIONS
APPLIED
RESEARCH.
............... Program [-5,000]
Decrease.
019 0602668D8Z CYBER SECURITY 9,735 4,735
RESEARCH.
............... Program [-5,000]
Decrease.
020 0602670D8Z HUMAN, SOCIAL 14,923 8,923
AND CULTURE
BEHAVIOR
MODELING (HSCB)
APPLIED
RESEARCH.
............... Excessive [-6,000]
growth.
021 0602702E TACTICAL 206,422 202,422
TECHNOLOGY.
............... Reduction to [-4,000]
new starts.
022 0602715E MATERIALS AND 237,837 222,837
BIOLOGICAL
TECHNOLOGY.
............... Excessive [-15,000]
growth.
023 0602716E ELECTRONICS 215,178 215,178
TECHNOLOGY.
024 0602718BR WEAPONS OF MASS 196,954 196,954
DESTRUCTION
DEFEAT
TECHNOLOGIES.
025 1160401BB SPECIAL 26,591 26,591
OPERATIONS
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL 1,852,273 1,756,688
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD)
027 0603000D8Z JOINT MUNITIONS 24,771 15,771
ADVANCED
TECHNOLOGY.
............... Excessive [-9,000]
growth.
028 0603121D8Z SO/LIC ADVANCED 45,028 45,028
DEVELOPMENT.
029 0603122D8Z COMBATING 77,019 77,019
TERRORISM
TECHNOLOGY
SUPPORT.
030 0603160BR COUNTERPROLIFERA 283,073 283,073
TION
INITIATIVES--PR
OLIFERATION
PREVENTION AND
DEFEAT.
031 0603175C BALLISTIC 75,003 75,003
MISSILE DEFENSE
TECHNOLOGY.
032 0603200D8Z JOINT ADVANCED 7,903 6,803
CONCEPTS.
............... Unsustained [-1,100]
growth.
033 0603225D8Z JOINT DOD-DOE 20,372 20,372
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
034 0603250D8Z SYSTEMS 2020 4,381 0
ADVANCED
TECHNOLOGY
DEVELOPMENT.
[[Page 125 STAT. 1766]]
............... Lack of [-4,381]
transition
plan.
035 0603264S AGILE 998 998
TRANSPORTATION
FOR THE 21ST
CENTURY (AT21)--
THEATER
CAPABILITY.
036 0603274C SPECIAL PROGRAM-- 61,458 61,458
MDA TECHNOLOGY.
037 0603286E ADVANCED 98,878 98,878
AEROSPACE
SYSTEMS.
038 0603287E SPACE PROGRAMS 97,541 97,541
AND TECHNOLOGY.
039 0603384BP CHEMICAL AND 229,235 229,235
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
040 0603618D8Z JOINT ELECTRONIC 7,287 7,287
ADVANCED
TECHNOLOGY.
041 0603648D8Z JOINT CAPABILITY 187,707 176,707
TECHNOLOGY
DEMONSTRATIONS.
............... Unjustified [-11,000]
Growth.
042 0603662D8Z NETWORKED 23,890 23,890
COMMUNICATIONS
CAPABILITIES.
043 0603663D8Z DATA TO 9,235 4,235
DECISIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Program [-5,000]
Decrease.
044 0603665D8Z BIOMETRICS 10,762 10,762
SCIENCE AND
TECHNOLOGY.
045 0603668D8Z CYBER SECURITY 10,709 5,709
ADVANCED
RESEARCH.
............... Program [-5,000]
Decrease.
046 0603670D8Z HUMAN, SOCIAL 18,179 13,179
AND CULTURE
BEHAVIOR
MODELING (HSCB)
ADVANCED
DEVELOPMENT.
............... Excessive [-5,000]
growth.
047 0603680D8Z DEFENSE-WIDE 17,888 47,888
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
............... Program [30,000]
Increase-
Industrial
Base
Innovation
Fund program.
048 0603699D8Z EMERGING 26,972 26,972
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
049 0603711D8Z JOINT ROBOTICS 9,756 9,756
PROGRAM/
AUTONOMOUS
SYSTEMS.
050 0603712S GENERIC 23,887 23,887
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
051 0603713S DEPLOYMENT AND 41,976 29,976
DISTRIBUTION
ENTERPRISE
TECHNOLOGY.
............... Excessive [-12,000]
growth.
052 0603716D8Z STRATEGIC 66,409 66,409
ENVIRONMENTAL
RESEARCH
PROGRAM.
053 0603720S MICROELECTRONICS 91,132 61,132
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
............... 90nm Next [-30,000]
Generation
Foundry.
054 0603727D8Z JOINT 10,547 10,547
WARFIGHTING
PROGRAM.
055 0603739E ADVANCED 160,286 150,286
ELECTRONICS
TECHNOLOGIES.
............... Reduction to [-10,000]
new starts.
058 0603760E COMMAND, CONTROL 296,537 261,606
AND
COMMUNICATIONS
SYSTEMS.
............... CCC-01 [-7,490]
unsustained
growth.
............... CCC-02 [-3,850]
unsustained
growth.
............... CCC-CLS [-10,591]
unsustained
growth.
............... Reduction to [-13,000]
new starts.
059 0603765E CLASSIFIED DARPA 107,226 107,226
PROGRAMS.
060 0603766E NETWORK-CENTRIC 235,245 208,503
WARFARE
TECHNOLOGY.
............... NET-01 [-11,742]
unsustained
growth.
............... Reduction to [-15,000]
new starts.
061 0603767E SENSOR 271,802 271,802
TECHNOLOGY.
061A 0604775D8Z DEFENSE RAPID 200,000
INNOVATION
PROGRAM.
............... Program [200,000]
Increase.
063 0603769SE DISTRIBUTED 13,579 13,579
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
064 0603781D8Z SOFTWARE 30,424 30,424
ENGINEERING
INSTITUTE.
065 0603826D8Z QUICK REACTION 89,925 60,765
SPECIAL
PROJECTS.
............... P826/P828 [-25,000]
excessive
growth.
............... P832........ [-4,160]
066 0603828D8Z JOINT 58,130 39,130
EXPERIMENTATION.
............... Program [-19,000]
adjustment.
067 0603832D8Z DOD MODELING AND 37,029 31,029
SIMULATION
MANAGEMENT
OFFICE.
............... Program [-6,000]
Decrease.
[[Page 125 STAT. 1767]]
068 0603901C DIRECTED ENERGY 96,329 50,000
RESEARCH.
............... Program [-46,329]
Decrease--AL
TB.
069 0603902C NEXT GENERATION 123,456 123,456
AEGIS MISSILE.
070 0603941D8Z TEST & 99,593 99,593
EVALUATION
SCIENCE &
TECHNOLOGY.
072 0604055D8Z OPERATIONAL 20,444 20,444
ENERGY
CAPABILITY
IMPROVEMENT.
073 0303310D8Z CWMD SYSTEMS.... 7,788 4,288
............... Program [-3,500]
reduction.
074 1160402BB SPECIAL 35,242 30,242
OPERATIONS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Excess to [-5,000]
need.
075 1160422BB AVIATION 837 837
ENGINEERING
ANALYSIS.
076 1160472BB SOF INFORMATION 4,924 4,924
AND BROADCAST
SYSTEMS
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 3,270,792 3,237,649
ADVANCED
TECHNOLOGY
DEVELOPMENT
(ATD).
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
077 0603161D8Z NUCLEAR AND 36,798 30,798
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
............... Unexecutable [-6,000]
growth.
078 0603527D8Z RETRACT LARCH... 21,040 21,040
079 0603600D8Z WALKOFF......... 112,142 112,142
080 0603709D8Z JOINT ROBOTICS 11,129 11,129
PROGRAM.
081 0603714D8Z ADVANCED SENSOR 18,408 18,408
APPLICATIONS
PROGRAM.
082 0603851D8Z ENVIRONMENTAL 63,606 63,606
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
082A 0603XXXD8Z INSTALLATION 0
ENERGY TEST BED.
083 0603881C BALLISTIC 290,452 290,452
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
084 0603882C BALLISTIC 1,161,001 1,161,001
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
086 0603884BP CHEMICAL AND 261,143 213,155
BIOLOGICAL
DEFENSE PROGRAM.
............... IBP schedule [-12,000]
delay.
............... INATS [-13,000]
schedule
delays.
............... JPID program [-13,988]
restructure.
............... VAC FILO [-9,000]
execution
delays.
087 0603884C BALLISTIC 222,374 222,374
MISSILE DEFENSE
SENSORS.
088 0603888C BALLISTIC 1,071,039 85,690
MISSILE DEFENSE
TEST & TARGETS.
............... Transfer to [-985,349]
lines 88a,
88b, and 89.
088A 0603XXXC BMD TESTS....... 488,382
............... Transfer [488,382]
from line 88.
088B 0603XXXC BMD TARGETS..... 454,999
............... Transfer [454,999]
from line 88.
089 0603890C BMD ENABLING 373,563 415,531
PROGRAMS.
............... Transfer [41,968]
from line 88.
090 0603891C SPECIAL 296,554 296,554
PROGRAMS--MDA.
091 0603892C AEGIS BMD....... 960,267 990,267
............... SM-3 Block [30,000]
IB
production
improvements.
092 0603893C SPACE TRACKING & 96,353 96,353
SURVEILLANCE
SYSTEM.
093 0603895C BALLISTIC 7,951 7,951
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
094 0603896C BALLISTIC 364,103 364,103
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT AND
COMMUNICATI.
096 0603898C BALLISTIC 41,225 41,225
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
097 0603904C MISSILE DEFENSE 69,325 69,325
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
098 0603906C REGARDING TRENCH 15,797 15,797
099 0603907C SEA BASED X-BAND 177,058 157,058
RADAR (SBX).
............... Program [-20,000]
Decrease--Ex
cess funds.
101 0603913C ISRAELI 106,100 216,100
COOPERATIVE
PROGRAMS.
............... Arrow System [20,000]
Improvement
Program.
............... Arrow-3 [5,000]
interceptor
development.
............... David's [25,000]
Sling
development.
[[Page 125 STAT. 1768]]
............... Program [60,000]
Increase.
102 0603920D8Z HUMANITARIAN 14,996 14,996
DEMINING.
103 0603923D8Z COALITION 12,743 12,743
WARFARE.
104 0604016D8Z DEPARTMENT OF 3,221 35,321
DEFENSE
CORROSION
PROGRAM.
............... Program [32,100]
increase--fu
nding
shortfall.
105 0604400D8Z DEPARTMENT OF 25,120 25,120
DEFENSE (DOD)
UNMANNED
AIRCRAFT SYSTEM
(UAS) COMMON
DEVELOPMENT.
107 0604670D8Z HUMAN, SOCIAL 10,309 7,509
AND CULTURE
BEHAVIOR
MODELING (HSCB)
RESEARCH AND
ENGINEERING.
............... Program [-2,800]
Decrease.
108 0604787D8Z JOINT SYSTEMS 13,024 13,024
INTEGRATION
COMMAND (JSIC).
109 0604828D8Z JOINT FIRES 9,290 9,290
INTEGRATION AND
INTEROPERABILIT
Y TEAM.
110 0604880C LAND-BASED SM-3 306,595 306,595
(LBSM3).
111 0604881C AEGIS SM-3 BLOCK 424,454 424,454
IIA CO-
DEVELOPMENT.
112 0604883C PRECISION 160,818 80,818
TRACKING SPACE
SENSOR RDT&E.
............... Program [-80,000]
Reduction.
113 0604884C AIRBORNE 46,877 46,877
INFRARED (ABIR).
115 0303191D8Z JOINT 3,358 3,358
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
............... SUBTOTAL 6,808,233 6,823,545
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT AND
DEMONSTRATION
(SDD)
117 0604161D8Z NUCLEAR AND 7,220 7,220
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
SDD.
118 0604165D8Z PROMPT GLOBAL 204,824 179,824
STRIKE
CAPABILITY
DEVELOPMENT.
............... Program [-25,000]
Reduction.
119 0604384BP CHEMICAL AND 400,608 316,608
BIOLOGICAL
DEFENSE PROGRAM.
............... Bioscavenger [-24,000]
program
delays.
............... Decontaminat [-10,000]
ion FOS
delays.
............... MCMI RFP [-50,000]
release
delay.
120 0604709D8Z JOINT ROBOTICS 2,782 2,782
PROGRAM.
121 0604764K ADVANCED IT 49,198 38,824
SERVICES JOINT
PROGRAM OFFICE
(AITS-JPO).
............... Cyber threat [15,000]
discovery.
............... Program [-25,374]
growth.
122 0604771D8Z JOINT TACTICAL 17,395 17,395
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
123 0605000BR WEAPONS OF MASS 5,888 5,888
DESTRUCTION
DEFEAT
CAPABILITIES.
124 0605013BL INFORMATION 12,228 12,228
TECHNOLOGY
DEVELOPMENT.
127 0605021SE HOMELAND 389 389
PERSONNEL
SECURITY
INITIATIVE.
128 0605022D8Z DEFENSE 1,929 1,929
EXPORTABILITY
PROGRAM.
129 0605027D8Z OUSD(C) IT 4,993 4,993
DEVELOPMENT
INITIATIVES.
130 0605070S DOD ENTERPRISE 134,285 94,285
SYSTEMS
DEVELOPMENT AND
DEMONSTRATION.
............... Program [-40,000]
Growth.
131 0605075D8Z DCMO POLICY AND 41,808 41,808
INTEGRATION.
133 0605210D8Z DEFENSE-WIDE 14,950 14,950
ELECTRONIC
PROCUREMENT
CAPABILITIES.
135 0303141K GLOBAL COMBAT 19,837 19,837
SUPPORT SYSTEM.
............... SUBTOTAL 918,334 758,960
SYSTEM
DEVELOPMENT
AND
DEMONSTRATION
(SDD).
...............
............... RDT&E MANAGEMENT
SUPPORT
137 0604774D8Z DEFENSE 6,658 6,658
READINESS
REPORTING
SYSTEM (DRRS).
138 0604875D8Z JOINT SYSTEMS 4,731 4,731
ARCHITECTURE
DEVELOPMENT.
139 0604940D8Z CENTRAL TEST AND 140,231 140,231
EVAULATION
INVESTMENT
DEVELOPMENT
(CTEIP).
140 0604942D8Z ASSESSMENTS AND 2,757 2,757
EVALUATIONS.
141 0604943D8Z THERMAL VICAR... 7,827 7,827
142 0605100D8Z JOINT MISSION 10,479 10,479
ENVIRONMENT
TEST CAPABILITY
(JMETC).
143 0605104D8Z TECHNICAL 34,213 34,213
STUDIES,
SUPPORT AND
ANALYSIS.
[[Page 125 STAT. 1769]]
144 0605110D8Z USD(A&T)-- 1,486 1,486
CRITICAL
TECHNOLOGY
SUPPORT.
145 0605117D8Z FOREIGN MATERIAL 64,524 64,524
ACQUISITION AND
EXPLOITATION.
146 0605126J JOINT INTEGRATED 79,859 79,859
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
148 0605130D8Z FOREIGN 19,080 19,080
COMPARATIVE
TESTING.
149 0605142D8Z SYSTEMS 41,884 41,884
ENGINEERING.
150 0605161D8Z NUCLEAR MATTERS- 4,261 4,261
PHYSICAL
SECURITY.
151 0605170D8Z SUPPORT TO 9,437 9,437
NETWORKS AND
INFORMATION
INTEGRATION.
152 0605200D8Z GENERAL SUPPORT 6,549 6,549
TO USD
(INTELLIGENCE).
153 0605384BP CHEMICAL AND 92,806 92,806
BIOLOGICAL
DEFENSE PROGRAM.
160 0605790D8Z SMALL BUSINESS 1,924 1,924
INNOVATION
RESEARCH (SBIR)/
SMALL BUSINESS
TECHNOLOGY
TRANSFER (S.
161 0605798D8Z DEFENSE 16,135 16,135
TECHNOLOGY
ANALYSIS.
163 0605801KA DEFENSE 56,269 56,269
TECHNICAL
INFORMATION
CENTER (DTIC).
164 0605803SE R&D IN SUPPORT 49,810 49,810
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
165 0605804D8Z DEVELOPMENT TEST 15,805 19,305
AND EVALUATION.
............... Program [3,500]
Increase.
166 0605897E DARPA AGENCY 1,000 1,000
RELOCATION.
167 0605898E MANAGEMENT HQ-- 66,689 66,689
R&D.
168 0606100D8Z BUDGET AND 4,528 4,528
PROGRAM
ASSESSMENTS.
169 0606301D8Z AVIATION SAFETY 6,925 6,925
TECHNOLOGIES.
170 0203345D8Z OPERATIONS 1,777 1,777
SECURITY
(OPSEC).
171 0204571J JOINT STAFF 18 18
ANALYTICAL
SUPPORT.
174 0303166D8Z SUPPORT TO 12,209 12,209
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
175 0303169D8Z INFORMATION 4,288 4,288
TECHNOLOGY
RAPID
ACQUISITION.
176 0305103E CYBER SECURITY 10,000 5,000
INITIATIVE.
............... Execution [-5,000]
delays.
177 0305193D8Z INTELLIGENCE 15,002 15,002
SUPPORT TO
INFORMATION
OPERATIONS (IO).
179 0305400D8Z WARFIGHTING AND 861 861
INTELLIGENCE-
RELATED SUPPORT.
180 0804767D8Z COCOM EXERCISE 59,958 38,090
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2).
............... P754, [-21,868]
Duplication
with Service
initiatives.
182 0901598C MANAGEMENT HQ-- 28,908 28,908
MDA.
183 0901598D8W IT SOFTWARE DEV 167 167
INITIATIVES.
184A 9999999999 CLASSIFIED 82,627 82,627
PROGRAMS.
............... SUBTOTAL 961,682 938,314
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
185 0604130V ENTERPRISE 8,706 6,206
SECURITY SYSTEM
(ESS).
............... Excessive [-2,500]
growth.
186 0605127T REGIONAL 2,165 2,165
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION
MANA.
187 0605147T OVERSEAS 288 288
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM (OHASIS).
188 0607384BP CHEMICAL AND 15,956 15,956
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
189 0607828D8Z JOINT 29,880 29,880
INTEGRATION AND
INTEROPERABILIT
Y.
190 0208043J CLASSIFIED 2,402 2,402
PROGRAMS.
191 0208045K C4I 72,403 72,403
INTEROPERABILIT
Y.
193 0301144K JOINT/ALLIED 7,093 7,093
COALITION
INFORMATION
SHARING.
200 0302016K NATIONAL 481 481
MILITARY
COMMAND SYSTEM-
WIDE SUPPORT.
201 0302019K DEFENSE INFO 8,366 15,866
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
............... Cybersecurit [7,500]
y pilots.
202 0303126K LONG-HAUL 11,324 11,324
COMMUNICATIONS-
-DCS.
203 0303131K MINIMUM 12,514 12,514
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
204 0303135G PUBLIC KEY 6,548 6,548
INFRASTRUCTURE
(PKI).
205 0303136G KEY MANAGEMENT 33,751 33,751
INFRASTRUCTURE
(KMI).
[[Page 125 STAT. 1770]]
206 0303140D8Z INFORMATION 11,753 11,753
SYSTEMS
SECURITY
PROGRAM.
207 0303140G INFORMATION 348,593 348,593
SYSTEMS
SECURITY
PROGRAM.
208 0303140K INFORMATION 5,500 5,500
SYSTEMS
SECURITY
PROGRAM.
211 0303150K GLOBAL COMMAND 54,739 54,739
AND CONTROL
SYSTEM.
212 0303153K DEFENSE SPECTRUM 29,154 29,154
ORGANIZATION.
213 0303170K NET-CENTRIC 1,830 1,830
ENTERPRISE
SERVICES (NCES).
214 0303260D8Z JOINT MILITARY 1,241 1,241
DECEPTION
INITIATIVE.
215 0303610K TELEPORT PROGRAM 6,418 6,418
217 0304210BB SPECIAL 5,045 5,045
APPILCATIONS
FOR
CONTINGENCIES.
220 0305103D8Z CYBER SECURITY 411 411
INITIATIVE.
222 0305103K CYBER SECURITY 4,341 4,341
INITIATIVE.
223 0305125D8Z CRITICAL 13,008 13,008
INFRASTRUCTURE
PROTECTION
(CIP).
227 0305186D8Z POLICY R&D 6,603 6,603
PROGRAMS.
229 0305199D8Z NET CENTRICITY.. 14,926 14,926
232 0305208BB DISTRIBUTED 4,303 1,303
COMMON GROUND/
SURFACE SYSTEMS.
............... Unjustified [-3,000]
increase.
235 0305208K DISTRIBUTED 3,154 3,154
COMMON GROUND/
SURFACE SYSTEMS.
237 0305219BB MQ-1 PREDATOR A 2,499 2,499
UAV.
239 0305387D8Z HOMELAND DEFENSE 2,660 2,660
TECHNOLOGY
TRANSFER
PROGRAM.
240 0305600D8Z INTERNATIONAL 1,444 1,444
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
248 0708011S INDUSTRIAL 23,103 23,103
PREPAREDNESS.
249 0708012S LOGISTICS 2,466 2,466
SUPPORT
ACTIVITIES.
250 0902298J MANAGEMENT 2,730 2,730
HEADQUARTERS
(JCS).
252 1105219BB MQ-9 UAV........ 2,499 2,499
253 1105232BB RQ-11 UAV....... 3,000 1,500
............... Lack of full [-1,500]
funding.
254 1105233BB RQ-7 UAV........ 450 450
256 1160403BB SPECIAL 89,382 74,382
OPERATIONS
AVIATION
SYSTEMS
ADVANCED
DEVELOPMENT.
............... MC-130 TF/TA [-15,000]
radar
contract
award delay.
257 1160404BB SPECIAL 799 799
OPERATIONS
TACTICAL
SYSTEMS
DEVELOPMENT.
258 1160405BB SPECIAL 27,916 27,916
OPERATIONS
INTELLIGENCE
SYSTEMS
DEVELOPMENT.
259 1160408BB SOF OPERATIONAL 60,915 60,915
ENHANCEMENTS.
260 1160421BB SPECIAL 10,775 10,775
OPERATIONS CV-
22 DEVELOPMENT.
263 1160427BB MISSION TRAINING 4,617 4,617
AND PREPARATION
SYSTEMS (MTPS).
265 1160429BB AC/MC-130J...... 18,571 18,571
266 1160474BB SOF 1,392 1,392
COMMUNICATIONS
EQUIPMENT AND
ELECTRONICS
SYSTEMS.
268 1160477BB SOF WEAPONS 2,610 2,610
SYSTEMS.
269 1160478BB SOF SOLDIER 2,971 2,971
PROTECTION AND
SURVIVAL
SYSTEMS.
270 1160479BB SOF VISUAL 3,000 3,000
AUGMENTATION,
LASERS AND
SENSOR SYSTEMS.
271 1160480BB SOF TACTICAL 3,522 3,522
VEHICLES.
272 1160481BB SOF MUNITIONS... 1,500 1,500
273 1160482BB SOF ROTARY WING 51,123 51,123
AVIATION.
274 1160483BB SOF UNDERWATER 92,424 68,424
SYSTEMS.
............... Excessive [-24,000]
growth.
275 1160484BB SOF SURFACE 14,475 14,475
CRAFT.
276 1160488BB SOF MILITARY 2,990 2,990
INFORMATION
SUPPORT
OPERATIONS.
277 1160489BB SOF GLOBAL VIDEO 8,923 8,923
SURVEILLANCE
ACTIVITIES.
278 1160490BB SOF OPERATIONAL 9,473 9,473
ENHANCEMENTS
INTELLIGENCE.
278A 9999999999 CLASSIFIED 4,227,920 4,265,700
PROGRAMS.
............... Classified [35,780]
Adjustment.
............... File [2,000]
sanitization
tool (FiST)
authorizatio
n adjustment.
............... SUBTOTAL 5,399,045 5,398,325
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
[[Page 125 STAT. 1771]]
............... UNDISTRIBUTED
279A 0901XXXD UNDISTRIBUTED... 0
............... SUBTOTAL 0
UNDISTRIBUTED.
...............
............... TOTAL 19,755,678 19,436,800
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... OPERATIONAL TEST
& EVAL, DEFENSE
............... RDT&E MANAGEMENT
SUPPORT
001 0605118OTE OPERATIONAL TEST 60,444 60,444
AND EVALUATION.
002 0605131OTE LIVE FIRE TEST 12,126 12,126
AND EVALUATION.
003 0605814OTE OPERATIONAL TEST 118,722 118,722
ACTIVITIES AND
ANALYSES.
............... SUBTOTAL 191,292 191,292
RDT&E
MANAGEMENT
SUPPORT.
...............
............... TOTAL 191,292 191,292
OPERATIONAL
TEST &
EVAL,
DEFENSE.
...............
............... TOTAL RDT&E 75,325,082 71,570,717
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RDT&E MANAGEMENT
SUPPORT
140 0605601A ARMY TEST RANGES 8,513 8,513
AND FACILITIES.
............... SUBTOTAL 8,513 8,513
RDT&E
MANAGEMENT
SUPPORT.
...............
............... TOTAL 8,513 8,513
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
054 0603654N JOINT SERVICE 1,500 1,500
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
............... SUBTOTAL 1,500 1,500
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
097 0604270N ELECTRONIC 5,600 5,600
WARFARE
DEVELOPMENT.
119 0604654N JOINT SERVICE 3,500 3,500
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
126 0604771N MEDICAL 1,950 1,950
DEVELOPMENT.
............... SUBTOTAL 11,050 11,050
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
172 0204136N F/A-18 SQUADRONS. 2,000 2,000
189 0206313M MARINE CORPS 1,500 1,500
COMMUNICATIONS
SYSTEMS.
192 0206625M USMC INTELLIGENCE/ 4,050 4,050
ELECTRONIC
WARFARE SYSTEMS
(MIP).
215 0305231N MQ-8 UAV......... 0
227A 9999999999 CLASSIFIED 33,784 33,784
PROGRAMS.
............... SUBTOTAL 41,334 41,334
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 53,884 53,884
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
200 0305205F ENDURANCE 73,000 63,000
UNMANNED AERIAL
VEHICLES.
............... Excess to need [-10,000]
242A 9999999999 CLASSIFIED 69,000 69,000
PROGRAMS.
[[Page 125 STAT. 1772]]
............... SUBTOTAL 142,000 142,000
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 142,000 132,000
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF.
...............
............... RDT&E MANAGEMENT
SUPPORT
152 0605200D8Z GENERAL SUPPORT 9,200 9,200
TO USD
(INTELLIGENCE).
............... SUBTOTAL 9,200 9,200
RDT&E
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
202 0303126K LONG-HAUL 10,500 10,500
COMMUNICATIONS--
DCS.
207 0303140G INFORMATION 32,850 32,850
SYSTEMS SECURITY
PROGRAM.
211 0303150K GLOBAL COMMAND 2,000 2,000
AND CONTROL
SYSTEM.
254 1105233BB RQ-7 UAV......... 2,450 2,450
278A 9999999999 CLASSIFIED 135,361 125,361
PROGRAMS.
............... Classified [-10,000]
Adjustment.
............... SUBTOTAL 183,161 183,161
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 192,361 182,361
RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW.
...............
............... TOTAL RDT&E. 396,758 376,758
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,399,804 1,031,695
Transfer to Title XV: [-217,376]
Combined Arms Training
Strategy..................
Transfer to Title XV: MRAP [-2,539]
Vehicle Sustainment.......
Transfer to Title XV: [-148,194]
Theater Demand Reduction..
020 MODULAR SUPPORT BRIGADES...... 104,629 90,595
Transfer to Title XV: [-11,752]
Combined Arms Training
Strategy..................
Transfer to Title XV: [-2,282]
Theater Demand Reduction..
030 ECHELONS ABOVE BRIGADE........ 815,920 741,068
Transfer to Title XV: [-74,852]
Combined Arms Training
Strategy..................
040 THEATER LEVEL ASSETS.......... 825,587 764,818
Transfer to Title XV: [-8,579]
Chemical Defense Equipment
Sustainment...............
Transfer to Title XV: [-23,198]
Combined Arms Training
Strategy..................
Transfer to Title XV: [-18,692]
Theater Demand Reduction..
Transfer to Title XV: UAS-- [-10,300]
Gray Eagle Satellite
Service...................
050 LAND FORCES OPERATIONS SUPPORT 1,245,231 1,072,413
Transfer to Title XV: [-30,091]
Combat Training Center
Role Players..............
[[Page 125 STAT. 1773]]
Transfer to Title XV: Fox [-12,062]
Nuclear Biological and
Chemical Reconnaissance
Vehicle Contract Logistics
Support...................
Transfer to Title XV: [-4,545]
Joint Maneuver Readiness
Center Opposing Force
Augmentation..............
Transfer to Title XV: [-26,940]
Joint Readiness Training
Center Opposing Force
Augmentation..............
Transfer to Title XV: MRAP [-6,420]
Vehicle Sustainment at
Combat Training Centers...
Transfer to Title XV: [-24,000]
National Training Center
Tier Two Level Maintenance
Contract..................
Transfer to Title XV: [-26,650]
National Training Center
Warfighter Focus..........
Transfer to Title XV: [-14,984]
Theater Demand Reduction..
Transfer to Title XV: Tube- [-6,841]
Launched, Optically-
Tracked, Wire-Guided
Missile (TOW) Improved
Target Acquisition System
(ITAS) Contract Logistics
Support...................
Transfer to TitleXV: [-20,285]
Sustainment Brigade and
Functional Brigade
Warfighter Exercise.......
060 AVIATION ASSETS............... 1,199,340 1,131,228
Transfer to Title XV: [-6,607]
Combined Arms Training
Strategy..................
Transfer to Title XV: [-61,505]
Theater Demand Reduction..
070 FORCE READINESS OPERATIONS 2,939,455 2,778,799
SUPPORT......................
FOB Baseline Not Taken [-20,000]
into Account in Requested
Program Growth............
Transfer to Title XV: [-59,702]
Battle Simulation Centers.
Transfer to Title XV: Body [-71,660]
Armor Sustainment.........
Transfer to Title XV: [-9,294]
Rapid Equipping Force
Readiness.................
080 LAND FORCES SYSTEMS READINESS. 451,228 404,896
Deny Requested Growth for [-20,000]
Civilian and Contractor
Positions.................
Transfer to Title XV: [-5,161]
Capability Development and
Integration...............
Transfer to Title XV: [-21,171]
Fixed Wing Life Cycle
Contract Support..........
090 LAND FORCES DEPOT MAINTENANCE. 1,179,675 1,031,839
Budget Justification does [-37,500]
not Match Summary of Price
and Program Changes for
Utilities.................
Removal of fiscal year [-70,000]
2011 Costs Budgeted for
Detainee Operations (Full
fiscal year 2012
Requirement Funded in
Title XV).................
Transfer to title XV: [-30,000]
Senior Leader Initiative:
Comprehensive Soldier
Fitness Program...........
Transfer to title XV: [-10,336]
Training Range Maintenance
100 BASE OPERATIONS SUPPORT....... 7,637,052 7,329,552
Budget Justification Does [-37,500]
Not Match Summary of Price
and Program Changes for
Utilities.................
Removal of FY11 Costs [-70,000]
Budgeted for Detainee
Operations (Full FY12
Requirement Funded in OCO)
Transfer to Title XV: [-200,000]
Overseas Security Guards..
110 FACILITIES SUSTAINMENT, 2,495,667 2,495,667
RESTORATION, & MODERNIZATION.
120 MANAGEMENT AND OPERATIONAL HQ. 397,952 397,952
130 COMBATANT COMMANDERS CORE 171,179 171,179
OPERATIONS...................
[[Page 125 STAT. 1774]]
170 COMBATANT COMMANDERS ANCILLARY 459,585 439,115
MISSIONS.....................
Military Information [-20,470]
Support Operations........
175 UNDISTRIBUTED................. -1,504,500
Contractor Logistics [-50,000]
Support...................
Transfer to Title XV: [-1,454,500]
Readiness and Depot
Maintenance...............
SUBTOTAL OPERATING FORCES. 21,322,304 18,376,316
MOBILIZATION
180 STRATEGIC MOBILITY............ 390,394 390,394
190 ARMY PREPOSITIONING STOCKS.... 169,535 169,535
200 INDUSTRIAL PREPAREDNESS....... 6,675 6,675
SUBTOTAL MOBILIZATION..... 566,604 566,604
TRAINING AND RECRUITING
210 OFFICER ACQUISITION........... 113,262 113,262
220 RECRUIT TRAINING.............. 71,012 71,012
230 ONE STATION UNIT TRAINING..... 49,275 49,275
240 SENIOR RESERVE OFFICERS 417,071 417,071
TRAINING CORPS...............
250 SPECIALIZED SKILL TRAINING.... 1,045,948 1,030,765
Transfer to Title XV: [-15,183]
Survivability and
Maneuverability Training..
260 FLIGHT TRAINING............... 1,083,808 1,083,808
270 PROFESSIONAL DEVELOPMENT 191,073 191,073
EDUCATION....................
280 TRAINING SUPPORT.............. 607,896 607,896
290 RECRUITING AND ADVERTISING.... 523,501 523,501
300 EXAMINING..................... 139,159 139,159
310 OFF-DUTY AND VOLUNTARY 238,978 238,978
EDUCATION....................
320 CIVILIAN EDUCATION AND 221,156 221,156
TRAINING.....................
330 JUNIOR ROTC................... 170,889 170,889
SUBTOTAL TRAINING AND 4,873,028 4,857,845
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
340 SECURITY PROGRAMS............. 995,161 993,801
Classified Adjustment..... [-1,360]
350 SERVICEWIDE TRANSPORTATION.... 524,334 524,334
360 CENTRAL SUPPLY ACTIVITIES..... 705,668 705,668
370 LOGISTIC SUPPORT ACTIVITIES... 484,075 487,075
Army Requested Transfer [3,000]
for Army Enterprise
Systems Integration
Program from Other
Procurement, Army line 116
380 AMMUNITION MANAGEMENT......... 457,741 387,741
Requested Growth [-70,000]
Unjustified by Metrics
Provided in Performance
Criteria..................
390 ADMINISTRATION................ 775,313 775,313
400 SERVICEWIDE COMMUNICATIONS.... 1,534,706 1,510,957
Army Requested Transfer [3,368]
for General Fund
Enterprise Business System
(GFEBS) from Other
Procurement, Army Line 116
Army Requested Transfer [2,883]
for Global Combat Support
System--Army (GCSS-Army)
from Other Procurement,
Army Line 116.............
Budget Justification Does [-30,000]
Not Match Summary of Price
and Program Changes for
DISA......................
410 MANPOWER MANAGEMENT........... 316,924 316,924
420 OTHER PERSONNEL SUPPORT....... 214,356 214,356
430 OTHER SERVICE SUPPORT......... 1,093,877 1,033,877
Budget Justification Does [-50,000]
Not Match Summary of Price
and Program Changes for
DFAS......................
[[Page 125 STAT. 1775]]
Unjustified program growth- [-5,000]
Joint DOD Support.........
Unjustified program growth- [-5,000]
PA Strategic
Communications............
440 ARMY CLAIMS ACTIVITIES........ 216,621 216,621
450 REAL ESTATE MANAGEMENT........ 180,717 170,717
Budget Justification Does [-10,000]
Not Match Summary of Price
and Program Changes for
the Pentagon Reservation
Maintenance Revolving Fund
455 FINANCIAL IMPROVEMENT AND 0
AUDIT READINESS..............
460 SUPPORT OF NATO OPERATIONS.... 449,901 449,901
470 MISC. SUPPORT OF OTHER NATIONS 23,886 20,886
Transfer from SAG 411-- [-3,000]
Military Information
Support Operations........
SUBTOTAL ADMIN & SRVWIDE 7,973,280 7,808,171
ACTIVITIES................
UNDISTRIBUTED
480 UNDISTRIBUTED................. -1,079,704
BUDGET ACTIVITY 4 [-12,904]
ADJUSTMENT FOR DEFENSE
EFFICIENCY CIVILIAN
STAFFING REDUCTION........
Decrease in OPTEMPO as [-291,500]
cited by Army.............
IMPROVED MANAGEMENT OF [-10,000]
TELECOM SERVICES..........
Printing & Reproduction [-10,600]
(10% cut)--Efficiency.....
Section 8089 - Excess Cash [-515,000]
Balances in DWCF..........
Studies, Analysis & [-1,400]
Evaluations (10% cut)--
Efficiency................
Unobligated balances...... [-238,300]
999 CLASSIFIED.................... 0
SUBTOTAL UNDISTRIBUTED.... -1,079,704
TOTAL OPERATION & 34,735,216 30,529,232
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 4,762,887 4,499,387
OPERATIONS...................
Transfer to Title XV: [-180,945]
Flying Hours..............
Transfer to Title XV: MV [-82,555]
22B Pricing Variance......
020 FLEET AIR TRAINING............ 1,771,644 1,771,644
030 AVIATION TECHNICAL DATA & 46,321 46,321
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 104,751 87,751
SUPPORT......................
Unjustified Growth for [-17,000]
Program Related Logistics
Support...................
050 AIR SYSTEMS SUPPORT........... 431,576 431,576
060 AIRCRAFT DEPOT MAINTENANCE.... 1,030,303 1,030,303
070 AIRCRAFT DEPOT OPERATIONS 37,403 37,403
SUPPORT......................
080 AVIATION LOGISTICS............ 238,007 238,007
090 MISSION AND OTHER SHIP 3,820,186 3,795,186
OPERATIONS...................
Reduced Number of Deployed [-25,000]
Steaming Days.............
100 SHIP OPERATIONS SUPPORT & 734,866 734,866
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 4,972,609 5,122,609
Ship Depot Maintenance [150,000]
(Active)..................
120 SHIP DEPOT OPERATIONS SUPPORT. 1,304,271 1,297,271
[[Page 125 STAT. 1776]]
Removal of One-Time Fiscal [-7,000]
Year 2011 Costs for
Surface Ship Life Cycle
Maintenance (SSLCM)
Activity and Local Command
Office for Navy Enterprise
Resource Planning.........
130 COMBAT COMMUNICATIONS......... 583,659 556,259
Eliminate Requested Growth [-27,400]
of Contractor Full-time
Equivalents...............
140 ELECTRONIC WARFARE............ 97,011 97,011
150 SPACE SYSTEMS AND SURVEILLANCE 162,303 137,303
Budget Justification Does [-25,000]
Not Match Summary of Price
and Program Changes.......
160 WARFARE TACTICS............... 423,187 423,187
170 OPERATIONAL METEOROLOGY AND 320,141 320,141
OCEANOGRAPHY.................
180 COMBAT SUPPORT FORCES......... 1,076,478 883,677
Transfer to Title XV: [-192,801]
Naval Expeditionary Combat
Command Increases.........
190 EQUIPMENT MAINTENANCE......... 187,037 187,037
200 DEPOT OPERATIONS SUPPORT...... 4,352 4,352
210 COMBATANT COMMANDERS CORE 103,830 103,830
OPERATIONS...................
220 COMBATANT COMMANDERS DIRECT 180,800 166,400
MISSION SUPPORT..............
Military Information [-6,100]
Support Operations........
Transfer to Title XV: [-8,300]
Joint Special Operations
Task Force--Philippines...
230 CRUISE MISSILE................ 125,333 125,333
240 FLEET BALLISTIC MISSILE....... 1,209,410 1,209,410
250 IN-SERVICE WEAPONS SYSTEMS 99,063 90,063
SUPPORT......................
Transfer to Title XV: [-9,000]
Naval Expeditionary Combat
Command...................
260 WEAPONS MAINTENANCE........... 450,454 450,454
270 OTHER WEAPON SYSTEMS SUPPORT.. 358,002 358,002
280 ENTERPRISE INFORMATION........ 971,189 971,189
290 SUSTAINMENT, RESTORATION AND 1,946,779 1,946,779
MODERNIZATION................
300 BASE OPERATING SUPPORT........ 4,610,525 4,540,525
Savings from In-sourcing [-20,000]
Security Contractor
Positions Not Properly
Accounted for in Budget
Documentation.............
Transfer to Title XV: [-50,000]
Regional/Emergency
Operations Center.........
305 UNDISTRIBUTED................. -645,000
CONTRACTOR LOGISTICS [-150,000]
SUPPORT...................
TRANSFER TO TITLE XV: [-495,000]
READINESS AND DEPOT
MAINTENANCE...............
SUBTOTAL OPERATING FORCES. 32,164,377 31,018,276
MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE. 493,326 493,326
320 AIRCRAFT ACTIVATIONS/ 6,228 6,228
INACTIVATIONS................
330 SHIP ACTIVATIONS/INACTIVATIONS 205,898 205,898
340 EXPEDITIONARY HEALTH SERVICES 68,634 63,630
SYSTEMS......................
Transfer to Title XV: [-5,004]
Medical/Equipment costs
for USNS MERCY............
350 INDUSTRIAL READINESS.......... 2,684 2,684
360 COAST GUARD SUPPORT........... 25,192 25,192
SUBTOTAL MOBILIZATION..... 801,962 796,958
TRAINING AND RECRUITING
[[Page 125 STAT. 1777]]
370 OFFICER ACQUISITION........... 147,540 147,540
380 RECRUIT TRAINING.............. 10,655 10,655
390 RESERVE OFFICERS TRAINING 151,147 148,361
CORPS........................
Excessive Program Increase [-2,786]
for General Services
Administration Lease Cost.
400 SPECIALIZED SKILL TRAINING.... 594,799 544,278
Transfer to Title XV: [-3,000]
Naval Sea Systems Command
Visit, Board, Search and
Seizure (VBSS)/Explosive
Ordnance Device (EOD)
Training..................
Unjustified Growth in [-47,521]
Moored and Tech Training..
410 FLIGHT TRAINING............... 9,034 9,034
420 PROFESSIONAL DEVELOPMENT 173,452 173,452
EDUCATION....................
430 TRAINING SUPPORT.............. 168,025 168,025
440 RECRUITING AND ADVERTISING.... 254,860 255,843
Naval Sea Cadet Corps.... [983]
450 OFF-DUTY AND VOLUNTARY 140,279 140,279
EDUCATION....................
460 CIVILIAN EDUCATION AND 107,561 107,561
TRAINING.....................
470 JUNIOR ROTC................... 52,689 52,689
SUBTOTAL TRAINING AND 1,810,041 1,757,717
RECRUITING................
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION................ 754,483 754,483
490 EXTERNAL RELATIONS............ 14,275 14,275
500 CIVILIAN MANPOWER AND 112,616 112,616
PERSONNEL MANAGEMENT.........
510 MILITARY MANPOWER AND 216,483 203,926
PERSONNEL MANAGEMENT.........
Transfer to Title XV: [-3,557]
Family Readiness Programs.
Transfer to Title XV: Navy [-9,000]
Manpower and Personnel
System/NSIPS..............
520 OTHER PERSONNEL SUPPORT....... 282,295 282,295
530 SERVICEWIDE COMMUNICATIONS.... 534,873 534,873
545 FINANCIAL IMPROVEMENT AND 0
AUDIT READINESS..............
550 SERVICEWIDE TRANSPORTATION.... 190,662 190,662
570 PLANNING, ENGINEERING AND 303,636 293,636
DESIGN.......................
Unjustified Growth for [-10,000]
Installation Emergency
Management................
580 ACQUISITION AND PROGRAM 903,885 903,885
MANAGEMENT...................
590 HULL, MECHANICAL AND 54,880 54,880
ELECTRICAL SUPPORT...........
600 COMBAT/WEAPONS SYSTEMS........ 20,687 20,687
610 SPACE AND ELECTRONIC WARFARE 68,374 68,374
SYSTEMS......................
620 NAVAL INVESTIGATIVE SERVICE... 572,928 572,928
680 INTERNATIONAL HEADQUARTERS AND 5,516 5,516
AGENCIES.....................
705 CLASSIFIED PROGRAMS........... 552,715 550,334
Classified adjustment..... [-2,381]
SUBTOTAL ADMIN & SRVWD 4,588,308 4,563,370
ACTIVITIES................
UNDISTRIBUTED
710 UNDISTRIBUTED................. -67,000
Deny FY12 Budget Price [-5,000]
Growth for Civilian
Personnel Compensation....
IMPROVED MANAGEMENT OF [-10,000]
TELECOM SERVICES..........
Unobligated balances...... [-52,000]
SUBTOTAL UNDISTRIBUTED.... -67,000
[[Page 125 STAT. 1778]]
TOTAL OPERATION & 39,364,688 38,069,321
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 715,196 695,196
Request Inconsistent with [-20,000]
Information Technology
Budget Justification for
the Global Combat Support
System....................
020 FIELD LOGISTICS............... 677,608 677,608
030 DEPOT MAINTENANCE............. 190,713 78,713
Transfer to Title XV: [-112,000]
Depot Maintenance.........
040 MARITIME PREPOSITIONING....... 101,464 101,464
060 SUSTAINMENT, RESTORATION, & 823,390 823,390
MODERNIZATION................
070 BASE OPERATING SUPPORT........ 2,208,949 1,953,949
Reduction for Collateral [-20,000]
Equipment Requirements Not
Properly Accounted for in
Budget Documentation......
TRANSFER TO TITLE XV: [-235,000]
READINESS AND DEPOT
MAINTENANCE...............
SUBTOTAL OPERATING FORCES. 4,717,320 4,330,320
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 18,280 18,280
090 OFFICER ACQUISITION........... 820 820
100 SPECIALIZED SKILL TRAINING.... 85,816 85,816
120 PROFESSIONAL DEVELOPMENT 33,142 33,142
EDUCATION....................
130 TRAINING SUPPORT.............. 324,643 324,643
140 RECRUITING AND ADVERTISING.... 184,432 184,432
150 OFF-DUTY AND VOLUNTARY 43,708 43,708
EDUCATION....................
160 JUNIOR ROTC................... 19,671 19,671
SUBTOTAL TRAINING AND 710,512 710,512
RECRUITING................
ADMIN & SRVWD ACTIVITIES
180 SERVICEWIDE TRANSPORTATION.... 36,021 36,021
190 ADMINISTRATION................ 405,431 405,431
200 ACQUISITION & PROGRAM 91,153 91,153
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 532,605 532,605
ACTIVITIES................
UNDISTRIBUTED
210 UNDISTRIBUTED................. -38,000
OMMC Request Inconsistent [-20,000]
with Information
Technology Budget
Justification for the
Operational Support
Systems--Command and
Control...................
Unobligated balances...... [-18,000]
SUBTOTAL UNDISTRIBUTED.... -38,000
TOTAL OPERATION & 5,960,437 5,535,437
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 4,224,400 3,564,242
Consolidate Depot [-590,158]
Maintenance Funding in the
Depot Maintenance SAG.....
Transfer to Title XV: [-70,000]
Theater Security Package..
[[Page 125 STAT. 1779]]
020 COMBAT ENHANCEMENT FORCES..... 3,417,731 2,706,439
Consolidate Depot [-673,292]
Maintenance Funding in the
Depot Maintenance SAG.....
Removal of One-Time FY11 [-4,000]
Costs for Administrative
Support for Contractor to
Civilian Conversions......
Removal of One-Time FY11 [-24,000]
Costs for Software
Maintenance Requirements..
Unjustified Increase in [-10,000]
Travel....................
030 AIR OPERATIONS TRAINING (OJT, 1,482,814 1,380,264
MAINTAIN SKILLS).............
Consolidate Depot [-102,550]
Maintenance Funding in the
Depot Maintenance SAG.....
050 DEPOT MAINTENANCE............. 2,204,131 3,788,606
Consolidate Depot [1,584,475]
Maintenance Funding in the
Depot Maintenance SAG.....
060 FACILITIES SUSTAINMENT, 1,652,318 1,652,318
RESTORATION & MODERNIZATION..
070 BASE SUPPORT.................. 2,507,179 2,482,179
Budget Justification Does [-25,000]
Not Match Summary of Price
and Program Changes for
Utilities.................
080 GLOBAL C3I AND EARLY WARNING.. 1,492,459 1,282,024
Consolidate Depot [-198,435]
Maintenance Funding in the
Depot Maintenance SAG.....
Removal of One-Time Fiscal [-12,000]
Year 2011 Costs for Long
Range Radar Service Life
Extension Program.........
090 OTHER COMBAT OPS SPT PROGRAMS. 1,046,226 1,019,538
Consolidate Depot [-12,688]
Maintenance Funding in the
Depot Maintenance SAG.....
Removal of One-Time Fiscal [-14,000]
Year 2011 Costs for
Administrative Support for
Contractor to Civilian
Conversions...............
100 TACTICAL INTEL AND OTHER 696,188 691,188
SPECIAL ACTIVITIES...........
Classified Adjustment..... [-5,000]
110 LAUNCH FACILITIES............. 321,484 313,484
Overstated Requirement for [-8,000]
Additional Fiscal Year
2012 Funding for Satellite
and Launcher Control
Ranges....................
120 SPACE CONTROL SYSTEMS......... 633,738 619,552
Consolidate Depot [-7,186]
Maintenance Funding in the
Depot Maintenance SAG.....
Removal of One-Time Fiscal [-7,000]
Year 2011 Costs for
Administrative Support for
Contractor to Civilian
Conversions...............
130 COMBATANT COMMANDERS DIRECT 735,488 664,262
MISSION SUPPORT..............
Consolidate Depot [-166]
Maintenance Funding in the
Depot Maintenance SAG.....
Military Information [-33,700]
Support Operations........
Strategic Command Program [-20,000]
Decreases Not Accounted
for in Budget
Documentation.............
Transfer to Title XV: [-12,500]
CENTCOM HQ C4.............
Transfer to Title XV: [-4,860]
CENTCOM Public Affairs....
140 COMBATANT COMMANDERS CORE 170,481 170,481
OPERATIONS...................
145 UNDISTRIBUTED................. -670,000
CONTRACTOR LOGISTICS [-200,000]
SUPPORT...................
[[Page 125 STAT. 1780]]
TRANSFER TO TITLE XV: [-470,000]
READINESS AND DEPOT
MAINTENANCE...............
SUBTOTAL OPERATING FORCES. 20,584,637 19,664,577
MOBILIZATION
150 AIRLIFT OPERATIONS............ 2,988,221 2,543,389
Consolidate Depot [-444,832]
Maintenance Funding in the
Depot Maintenance SAG.....
160 MOBILIZATION PREPAREDNESS..... 150,724 150,724
170 DEPOT MAINTENANCE............. 373,568 818,400
Consolidate Depot [444,832]
Maintenance Funding in the
Depot Maintenance SAG.....
180 FACILITIES SUSTAINMENT, 388,103 388,103
RESTORATION & MODERNIZATION..
190 BASE SUPPORT.................. 674,230 674,230
SUBTOTAL MOBILIZATION..... 4,574,846 4,574,846
TRAINING AND RECRUITING
200 OFFICER ACQUISITION........... 114,448 114,448
210 RECRUIT TRAINING.............. 22,192 22,192
220 RESERVE OFFICERS TRAINING 90,545 90,545
CORPS (ROTC).................
230 FACILITIES SUSTAINMENT, 430,090 430,090
RESTORATION & MODERNIZATION..
240 BASE SUPPORT.................. 789,654 749,654
Budget Justification Does [-25,000]
Not Match Summary of Price
and Program Changes for
Utilities.................
Unjustified Growth for [-15,000]
Competitive Sourcing and
Privatization.............
250 SPECIALIZED SKILL TRAINING.... 481,357 471,357
Budget Justification Does [-10,000]
Not Match Summary of Price
and Program Changes for
Equipment Maintenance by
Contract..................
260 FLIGHT TRAINING............... 957,538 957,538
270 PROFESSIONAL DEVELOPMENT 198,897 198,897
EDUCATION....................
280 TRAINING SUPPORT.............. 108,248 108,248
290 DEPOT MAINTENANCE............. 6,386 6,386
300 RECRUITING AND ADVERTISING.... 136,102 136,102
310 EXAMINING..................... 3,079 3,079
320 OFF-DUTY AND VOLUNTARY 167,660 167,660
EDUCATION....................
330 CIVILIAN EDUCATION AND 202,767 189,767
TRAINING.....................
Maintain Service Contracts [-13,000]
at the fiscal year 2011
Level.....................
340 JUNIOR ROTC................... 75,259 75,259
SUBTOTAL TRAINING AND 3,784,222 3,721,222
RECRUITING................
ADMIN & SRVWD ACTIVITIES
350 LOGISTICS OPERATIONS.......... 1,112,878 1,112,252
Consolidate Depot [-626]
Maintenance Funding in the
Depot Maintenance SAG.....
360 TECHNICAL SUPPORT ACTIVITIES.. 785,150 785,150
370 DEPOT MAINTENANCE............. 14,356 14,982
Consolidate Depot [626]
Maintenance Funding in the
Depot Maintenance SAG.....
380 FACILITIES SUSTAINMENT, 416,588 416,588
RESTORATION & MODERNIZATION..
390 BASE SUPPORT.................. 1,219,043 1,219,043
400 ADMINISTRATION................ 662,180 662,180
410 SERVICEWIDE COMMUNICATIONS.... 650,689 650,689
420 OTHER SERVICEWIDE ACTIVITIES.. 1,078,769 1,060,769
[[Page 125 STAT. 1781]]
Budget Justification Does [-7,000]
Not Match Summary of Price
and Program Changes for
DFAS......................
Program decrease.......... [-11,000]
425 FINANCIAL IMPROVEMENT AND 0
AUDIT READINESS..............
430 CIVIL AIR PATROL.............. 23,338 23,338
460 INTERNATIONAL SUPPORT......... 72,589 72,589
465 CLASSIFIED PROGRAMS........... 1,215,848 1,200,261
Classified adjustment..... [-15,587]
SUBTOTAL ADMIN & SRVWD 7,251,428 7,217,841
ACTIVITIES................
UNDISTRIBUTED
470 UNDISTRIBUTED................. -150,000
EXCESS WORKING CAPITAL [-90,000]
FUND CARRYOVER............
Unobligated balances...... [-60,000]
SUBTOTAL UNDISTRIBUTED.... -150,000
TOTAL OPERATION & 36,195,133 35,028,486
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 563,787 558,287
Reduce Civilian Personnel [-5,500]
Fiscal Year 2012 Average
Salary Growth.............
020 SPECIAL OPERATIONS COMMAND.... 3,986,766 3,893,859
Transfer to Title XV: [-57,300]
Military Information
Support Activities.......
Aviation Foreign Internal [-17,607]
Defense...................
Reduce Civilian Personnel [-10,000]
fiscal year 2012 Average
Salary Growth.............
Sustaining Base [-8,000]
Communications--Excessive
Gowth.....................
SUBTOTAL OPERATING FORCES. 4,550,553 4,452,146
TRAINING AND RECRUITING
030 DEFENSE ACQUISITION UNIVERSITY 124,075 124,075
040 NATIONAL DEFENSE UNIVERSITY... 93,348 93,348
SUBTOTAL TRAINING AND 217,423 217,423
RECRUITING................
ADMIN & SRVWD ACTIVITIES
050 CIVIL MILITARY PROGRAMS....... 159,692 159,692
080 DEFENSE CONTRACT AUDIT AGENCY. 508,822 469,622
Reduction in Non-Pay [-39,200]
Personnel Support Overhead
Costs.....................
090 DEFENSE CONTRACT MANAGEMENT 1,147,366 1,147,366
AGENCY.......................
100 DEFENSE FINANCE AND ACCOUNTING 12,000 12,000
SERVICE......................
110 DEFENSE HUMAN RESOURCES 676,419 645,989
ACTIVITY.....................
Overstatement of Fiscal [-30,000]
Year 2012 Costs for
Civilian Personnel........
Unjustified Increase for [-430]
the Request for Defense
Advisory Committee on
Women in the Services
Program Reporting.........
120 DEFENSE INFORMATION SYSTEMS 1,360,392 1,360,392
AGENCY.......................
140 DEFENSE LEGAL SERVICES AGENCY. 37,367 37,367
150 DEFENSE LOGISTICS AGENCY...... 450,863 452,263
[[Page 125 STAT. 1782]]
Efficiencies in the [-3,000]
Continutity of Operations
Policy....................
Procurement Technical [6,000]
Assistance Program........
Unjustified Request for [-1,600]
the Defense Property
Accountability System
Program Office............
160 DEFENSE MEDIA ACTIVITY........ 256,133 256,133
170 DEFENSE POW/MIA OFFICE........ 22,372 22,372
180 DEFENSE SECURITY COOPERATION 500,000 350,000
AGENCY - GLOBAL TRAIN AND
EQUIP........................
Reduction to Global Train [-150,000]
and Equip.................
185 DEFENSE SECURITY COOPERATION 182,831 180,551
AGENCY - OTHER...............
Authorization Adjustment-- [-2,280]
Security Cooperation
Assessment Office.........
190 DEFENSE SECURITY SERVICE...... 505,366 505,366
200 DEFENSE TECHNOLOGY SECURITY 33,848 33,848
ADMINISTRATION...............
210 DEFENSE THREAT REDUCTION 432,133 432,133
AGENCY.......................
220 DEPARTMENT OF DEFENSE 2,768,677 2,695,677
EDUCATION ACTIVITY...........
Transfer to Title XV: [-73,000]
Child Care and Counseling.
230 MISSILE DEFENSE AGENCY........ 202,758 202,758
250 OFFICE OF ECONOMIC ADJUSTMENT. 81,754 48,754
Ahead of need - Guam FSRM. [-33,000]
260 OFFICE OF THE SECRETARY OF 2,201,964 2,164,564
DEFENSE......................
Additional Efficiencies [-10,000]
Based on Disestablishment
of the Assistant Secretary
of Defense (Networks and
Information Integration)..
Unjustified Growth for [-7,300]
Boards and Commissions....
Unjustified Growth for [-10,000]
Equipment Maintenance by
Contract..................
Unjustified Growth for the [-10,100]
Office of the Under
Secretary of Defense,
Policy and for other OSD
Programs..................
270 WASHINGTON HEADQUARTERS 563,184 556,684
SERVICE......................
Removal of Fiscal Year [-6,500]
2011 Costs Budgeted for
the Defense Agencies
Initiative................
275 CLASSIFIED PROGRAMS........... 14,068,492 13,628,508
Classified adjustment..... [-439,984]
SUBTOTAL ADMIN & SRVWD 26,172,433 25,362,039
ACTIVITIES................
UNDISTRIBUTED
280 UNDISTRIBUTED................. -155,245
DOD Impact Aid (Section [40,000]
581)......................
Reduction to Federally [-150,245]
Funded Research and
Development Centers.......
Severe disabilities....... [5,000]
Unobligated balances...... [-50,000]
SUBTOTAL UNDISTRIBUTED.... -155,245
TOTAL OPERATION & 30,940,409 29,876,363
MAINTENANCE, DEFENSE-WIDE
OPERATION & MAINTENANCE, ARMY
RESERVE
OPERATING FORCES
010 MANEUVER UNITS................ 1,091 1,091
020 MODULAR SUPPORT BRIGADES...... 18,129 18,129
030 ECHELONS ABOVE BRIGADE........ 492,705 492,705
[[Page 125 STAT. 1783]]
040 THEATER LEVEL ASSETS.......... 137,304 137,304
050 LAND FORCES OPERATIONS SUPPORT 597,786 597,786
060 AVIATION ASSETS............... 67,366 67,366
070 FORCE READINESS OPERATIONS 474,966 448,523
SUPPORT......................
Sustainment Costs For [-6,000]
Weapons of Mass
Destruction Equipment
Purchases Not Needed in
Fiscal Year 2012..........
Unjustified Funding for [-20,443]
Milcon Planning and Design
080 LAND FORCES SYSTEMS READINESS. 69,841 69,841
090 LAND FORCES DEPOT MAINTENANCE. 247,010 247,010
100 BASE OPERATIONS SUPPORT....... 590,078 583,078
Reduction for Payments to [-7,000]
the General Services
Administration for
Standard Level User
Charges Not Properly
Accounted for in Budget
Documentation.............
110 FACILITIES SUSTAINMENT, 255,618 255,618
RESTORATION, & MODERNIZATION.
125 UNDISTRIBUTED................. 0
SUBTOTAL OPERATING FORCES. 2,951,894 2,918,451
ADMIN & SRVWD ACTIVITIES
130 SERVICEWIDE TRANSPORTATION.... 14,447 14,447
140 ADMINISTRATION................ 76,393 76,393
150 SERVICEWIDE COMMUNICATIONS.... 3,844 3,844
160 MANPOWER MANAGEMENT........... 9,033 9,033
170 RECRUITING AND ADVERTISING.... 53,565 53,565
SUBTOTAL ADMIN & SRVWD 157,282 157,282
ACTIVITIES................
UNDISTRIBUTED
175 UNDISTRIBUTED................. -4,000
Unjustified Increase [-4,000]
Budgeted for Fiscal Year
2012 Price Growth for
Civilian Compensation.....
SUBTOTAL UNDISTRIBUTED.... -4,000
TOTAL OPERATION & 3,109,176 3,071,733
MAINTENANCE, ARMY RESERVE
OPERATION & MAINTENANCE, NAVY
RESERVE
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 622,868 622,868
OPERATIONS...................
020 INTERMEDIATE MAINTENANCE...... 16,041 16,041
030 AIR OPERATIONS AND SAFETY 1,511 1,511
SUPPORT......................
040 AIRCRAFT DEPOT MAINTENANCE.... 123,547 123,547
050 AIRCRAFT DEPOT OPERATIONS 379 379
SUPPORT......................
060 MISSION AND OTHER SHIP 49,701 49,701
OPERATIONS...................
070 SHIP OPERATIONS SUPPORT & 593 593
TRAINING.....................
080 SHIP DEPOT MAINTENANCE........ 53,916 53,916
090 COMBAT COMMUNICATIONS......... 15,445 15,445
100 COMBAT SUPPORT FORCES......... 153,942 153,942
110 WEAPONS MAINTENANCE........... 7,292 7,292
120 ENTERPRISE INFORMATION........ 75,131 57,131
Unjustified Growth for [-18,000]
Next Generation Enterprise
Network Seat Services.....
130 SUSTAINMENT, RESTORATION AND 72,083 72,083
MODERNIZATION................
140 BASE OPERATING SUPPORT........ 109,024 109,024
SUBTOTAL OPERATING FORCES. 1,301,473 1,283,473
[[Page 125 STAT. 1784]]
ADMIN & SRVWD ACTIVITIES
150 ADMINISTRATION................ 1,857 1,857
160 MILITARY MANPOWER AND 14,438 14,438
PERSONNEL MANAGEMENT.........
170 SERVICEWIDE COMMUNICATIONS.... 2,394 2,394
180 ACQUISITION AND PROGRAM 2,972 2,972
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 21,661 21,661
ACTIVITIES................
TOTAL OPERATION & 1,323,134 1,305,134
MAINTENANCE, NAVY RESERVE
OPERATION & MAINTENANCE,
MARINE CORPS RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 94,604 94,604
020 DEPOT MAINTENANCE............. 16,382 16,382
040 SUSTAINMENT, RESTORATION AND 31,520 31,520
MODERNIZATION................
050 BASE OPERATING SUPPORT........ 105,809 105,809
SUBTOTAL OPERATING FORCES. 248,315 248,315
ADMIN & SRVWD ACTIVITIES
070 SERVICEWIDE TRANSPORTATION.... 852 852
080 ADMINISTRATION................ 13,257 13,257
090 RECRUITING AND ADVERTISING.... 9,019 9,019
SUBTOTAL ADMIN & SRVWD 23,128 23,128
ACTIVITIES................
TOTAL OPERATION & 271,443 271,443
MAINTENANCE, MARINE CORPS
RESERVE..................
OPERATION & MAINTENANCE, AIR
FORCE RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 2,171,853 2,171,853
020 MISSION SUPPORT OPERATIONS.... 116,513 116,513
030 DEPOT MAINTENANCE............. 471,707 471,707
040 FACILITIES SUSTAINMENT, 77,161 77,161
RESTORATION & MODERNIZATION..
050 BASE SUPPORT.................. 308,974 308,974
SUBTOTAL OPERATING FORCES. 3,146,208 3,146,208
ADMIN & SRVWD ACTIVITIES
060 ADMINISTRATION................ 84,423 84,423
070 RECRUITING AND ADVERTISING.... 17,076 17,076
080 MILITARY MANPOWER AND PERS 19,688 19,688
MGMT (ARPC)..................
090 OTHER PERS SUPPORT (DISABILITY 6,170 6,170
COMP)........................
100 AUDIOVISUAL................... 794 794
SUBTOTAL ADMIN & SRVWD 128,151 128,151
ACTIVITIES................
TOTAL OPERATION & 3,274,359 3,274,359
MAINTENANCE, AIR FORCE
RESERVE..................
OPERATION & MAINTENANCE, ARMY
NATIONAL GUARD
OPERATING FORCES
010 MANEUVER UNITS................ 634,181 634,181
020 MODULAR SUPPORT BRIGADES...... 189,899 189,899
030 ECHELONS ABOVE BRIGADE........ 751,899 751,899
[[Page 125 STAT. 1785]]
040 THEATER LEVEL ASSETS.......... 112,971 112,971
050 LAND FORCES OPERATIONS SUPPORT 33,972 33,972
060 AVIATION ASSETS............... 854,048 838,048
Unjustified Growth for [-16,000]
Duty Military Occupation
Specialities Qualified
(DMOSQ) Training..........
070 FORCE READINESS OPERATIONS 706,299 706,299
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 50,453 50,453
090 LAND FORCES DEPOT MAINTENANCE. 646,608 646,608
100 BASE OPERATIONS SUPPORT....... 1,028,126 988,626
Unjustified Growth for [-4,500]
Public Affairs............
Unjustified Growth for [-25,000]
Travel....................
Unjustified Growth for [-10,000]
Utilities Based on Metrics
Provided in Budget
Documentation.............
110 FACILITIES SUSTAINMENT, 618,513 618,513
RESTORATION, & MODERNIZATION.
120 MANAGEMENT AND OPERATIONAL HQ. 792,575 787,575
Army National Guard- [-5,000]
Identified Excess.........
SUBTOTAL OPERATING FORCES. 6,419,544 6,359,044
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION.... 11,703 11,703
150 ADMINISTRATION................ 178,655 178,655
160 SERVICEWIDE COMMUNICATIONS.... 42,073 42,073
170 MANPOWER MANAGEMENT........... 6,789 6,789
180 RECRUITING AND ADVERTISING.... 382,668 382,668
SUBTOTAL ADMIN & SRVWD 621,888 621,888
ACTIVITIES................
UNDISTRIBUTED
185 UNDISTRIBUTED................. -56,000
Decrease in OPTEMPO as [-25,000]
cited by Army.............
Deny Increase Budgeted for [-11,000]
Fiscal Year 2012 Price
Growth for Civilian
Compensation..............
Reduction in non-dual [-20,000]
status technician
limitation................
SUBTOTAL UNDISTRIBUTED.... -56,000
TOTAL OPERATION & 7,041,432 6,924,932
MAINTENANCE, ARMY
NATIONAL GUARD...........
OPERATION & MAINTENANCE, AIR
NATIONAL GUARD
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 3,651,900 3,647,900
Overstated Requirement for [-4,000]
Additional fiscal year
2012 Funding for Air
Sovereignty Alert Program.
020 MISSION SUPPORT OPERATIONS.... 751,519 751,519
030 DEPOT MAINTENANCE............. 753,525 753,525
040 FACILITIES SUSTAINMENT, 284,348 284,348
RESTORATION & MODERNIZATION..
050 BASE SUPPORT.................. 621,942 588,442
O&M Air National Guard [-23,500]
Request Inconsistent with
Information Technology
Budget Justification for
Base Level Communication
Infrastructure............
O&M Air National Guard [-10,000]
Request Inconsistent with
MIP Budget Justification
for Air Intelligence
Systems...................
SUBTOTAL OPERATING FORCES. 6,063,234 6,025,734
[[Page 125 STAT. 1786]]
ADMIN & SRVWD ACTIVITIES
060 ADMINISTRATION................ 39,387 39,387
070 RECRUITING AND ADVERTISING.... 33,659 33,659
SUBTOTAL ADMIN & SRVWD 73,046 73,046
ACTIVITIES................
TOTAL OPERATION & 6,136,280 6,098,780
MAINTENANCE, AIR NATIONAL
GUARD....................
MISCELLANEOUS APPROPRIATIONS
010 US COURT OF APPEALS FOR THE 13,861 13,861
ARMED FORCES, DEFENSE........
020 OVERSEAS HUMANITARIAN, 107,662 107,662
DISASTER AND CIVIC AID.......
030 COOPERATIVE THREAT REDUCTION.. 508,219 508,219
040 ACQ WORKFORCE DEV FD.......... 305,501 105,501
Program Decrease.......... [-200,000]
050 ENVIRONMENTAL RESTORATION, 346,031 346,031
ARMY.........................
060 ENVIRONMENTAL RESTORATION, 308,668 308,668
NAVY.........................
070 ENVIRONMENTAL RESTORATION, AIR 525,453 525,453
FORCE........................
080 ENVIRONMENTAL RESTORATION, 10,716 10,716
DEFENSE......................
090 ENVIRONMENTAL RESTORATION, 276,495 276,495
FORMERLY USED SITES..........
100 OVERSEAS CONTINGENCY 5,000 0
OPERATIONS TRANSFER FUND.....
Program Reduction......... [-5,000]
SUBTOTAL MISCELLANEOUS 2,407,606 2,202,606
APPROPRIATIONS............
TOTAL MISCELLANEOUS 2,407,606 2,202,606
APPROPRIATIONS...........
010 DEFERRED EXPENSES FOR FOREIGN 0
OPERATIONS...................
TOTAL DEFERRED EXPENSES 0
FOR FOREIGN OPERATIONS...
TOTAL OPERATION & 170,759,313 162,187,826
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
040 THEATER LEVEL ASSETS............. 3,424,314 3,485,083
Transfer from Title III: [8,579]
Chemical Defense Equipment...
Transfer from Title III: [23,198]
Combined Arms Training
Strategy.....................
Transfer from Title III: [18,692]
Theater Demand Reduction.....
Transfer from Title III: UAS-- [10,300]
Gray Eagle Satellite Service.
050 LAND FORCES OPERATIONS SUPPORT... 1,534,886 1,707,704
Transfer from Title III: [30,091]
Combat Training Center Role
Players......................
[[Page 125 STAT. 1787]]
Transfer from Title III: Fox [12,062]
Nuclear Biological and
ChemicalReconnaissance
Vehicle Contract Logistics
Support......................
Transfer from Title III: [4,545]
Joint Maneuver Readiness
Center Opposing Force
Augmentation.................
Transfer from Title III: [26,940]
Joint Readiness Training
Center Opposing Force
Augmentation.................
Transfer from Title III: MRAP [6,420]
Vehicle Sustainment at Combat
Training Centers.............
Transfer from Title III: [24,000]
National Training Center Tier
Two Level Maintenance
Contract.....................
Transfer from Title III: [26,650]
National Training Center War
Fighter Focus................
Transfer from Title III: [20,285]
Sustainment Brigade and
FunctionalBrigade Warfighter
Exercise.....................
Transfer from Title III: [14,984]
Theater Demand Reduction.....
Transfer from Title III: Tube- [6,841]
Launched, Optically-Tracked,
Wire-Guided Missile (TOW)
Improved Target Acquisition
System (ITAS) Contract
Logistics Support............
060 AVIATION ASSETS.................. 87,166 155,278
Transfer from Title III: [6,607]
Combined Arms Training
Strategy.....................
Transfer from Title III: [61,505]
Theater Demand Reduction.....
070 FORCE READINESS OPERATIONS 2,675,821 2,816,477
SUPPORT.........................
Transfer from Title III: [59,702]
Battle Simulation Centers....
Transfer from Title III: Body [71,660]
Armor Sustainment............
Transfer from Title III: [9,294]
Rapid Equipping Force
Readiness....................
080 LAND FORCES SYSTEMS READINESS.... 579,000 605,332
Transfer from Title III: [5,161]
Capability Development and
Integration..................
Transfer from Title III: [21,171]
Fixed Wing Life Cycle
Contract Support.............
090 LAND FORCES DEPOT MAINTENANCE.... 1,000,000 1,000,000
100 BASE OPERATIONS SUPPORT.......... 951,371 1,191,707
Transfer from Title III: [200,000]
Overseas Security Guards.....
Transfer from Title III: [30,000]
Senior Leader Initiative:
Comprehensive Soldier Fitness
Program......................
Transfer from Title III: [10,336]
Training Range Maintenance...
110 FACILITIES SUSTAINMENT, 250,000 250,000
RESTORATION, & MODERNIZATION....
140 ADDITIONAL ACTIVITIES............ 22,998,441 24,872,494
Military Information Support [-40,625]
Operations...................
Synchronization Pre- [-12,000]
Deployment and Operational
Tracker Fully Funded in O&M
DW Base Request in fiscal
year 2012....................
Transfer from Base, SAG 111: [2,539]
MRAP Vehicle Sustainment.....
Transfer from Base, SAG 111: [148,194]
Theater Demand Reduction.....
Transfer from Base, SAG 112: [2,282]
Theater Demand Reduction.....
Transfer from title III-- [1,454,500]
Readiness (transfer from BA-1
undistributed)...............
Transfer from title III SAG [217,376]
111--Combined Arms Training
Strategy.....................
Transfer from title III SAG [11,752]
112--Combined Arms Training
Strategy.....................
[[Page 125 STAT. 1788]]
Transfer from title III SAG [74,852]
113--Combined Arms Training
Strategy.....................
Transfer from title III SAG [15,183]
321--Survivability and
Maneuverability Training.....
150 COMMANDERS EMERGENCY RESPONSE 425,000 400,000
PROGRAM.........................
Unjustified Request for CERP [-25,000]
Iraq.........................
160 RESET............................ 3,955,429 3,955,429
SUBTOTAL OPERATING FORCES.... 37,881,428 40,439,504
ADMIN & SRVWIDE ACTIVITIES
340 SECURITY PROGRAMS................ 2,476,766 2,436,766
ARGUS A-160 deployment delays [-40,000]
350 SERVICEWIDE TRANSPORTATION....... 3,507,186 3,507,186
360 CENTRAL SUPPLY ACTIVITIES........ 50,740 50,740
380 AMMUNITION MANAGEMENT............ 84,427 84,427
400 SERVICEWIDE COMMUNICATIONS....... 66,275 40,075
Transfer to Title II-- [-26,200]
Automated Biometric
Identification System........
420 OTHER PERSONNEL SUPPORT.......... 143,391 143,391
430 OTHER SERVICE SUPPORT............ 92,067 92,067
SUBTOTAL ADMIN & SRVWIDE 6,420,852 6,354,652
ACTIVITIES...................
UNDISTRIBUTED
480 UNDISTRIBUTED.................... -1,195,000
Department of Defense--Excess [-1,195,000]
to Requirement...............
SUBTOTAL UNDISTRIBUTED....... -1,195,000
TOTAL OPERATION & 44,302,280 45,599,156
MAINTENANCE, ARMY...........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 1,058,114 1,301,614
OPERATIONS......................
Transfer from title III-- [180,945]
Flying Hours.................
Transfer from title III--MV [82,555]
22B Pricing Variance.........
Unjustified Growth for [-20,000]
Temporary Duty...............
020 FLEET AIR TRAINING............... 7,700 7,700
030 AVIATION TECHNICAL DATA & 9,200 9,200
ENGINEERING SERVICES............
040 AIR OPERATIONS AND SAFETY SUPPORT 12,934 12,934
050 AIR SYSTEMS SUPPORT.............. 39,566 39,566
060 AIRCRAFT DEPOT MAINTENANCE....... 174,052 174,052
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 1,586 1,586
080 AVIATION LOGISTICS............... 50,852 50,852
090 MISSION AND OTHER SHIP OPERATIONS 1,132,948 1,107,948
Realignment of Funding to SAG [-25,000]
2C1H not Accounted for in
Budget Documentation.........
100 SHIP OPERATIONS SUPPORT & 26,822 26,822
TRAINING........................
110 SHIP DEPOT MAINTENANCE........... 998,172 998,172
130 COMBAT COMMUNICATIONS............ 26,533 26,533
160 WARFARE TACTICS.................. 22,657 22,657
170 OPERATIONAL METEOROLOGY AND 28,141 28,141
OCEANOGRAPHY....................
180 COMBAT SUPPORT FORCES............ 1,932,640 2,125,441
Transfer from Title III: [192,801]
Naval Expeditionary Combat
Command Increases............
190 EQUIPMENT MAINTENANCE............ 19,891 19,891
210 COMBATANT COMMANDERS CORE 5,465 5,465
OPERATIONS......................
220 COMBATANT COMMANDERS DIRECT 2,093 10,393
MISSION SUPPORT.................
[[Page 125 STAT. 1789]]
Transfer from title III-- [8,300]
JSOTF-Philippines............
250 IN-SERVICE WEAPONS SYSTEMS 125,460 134,460
SUPPORT.........................
Transfer from Title III: [9,000]
Naval Expeditionary Combat
Command......................
260 WEAPONS MAINTENANCE.............. 201,083 166,083
Unjustified Growth for [-35,000]
Weapons Sustainment..........
270 OTHER WEAPON SYSTEMS SUPPORT..... 1,457 1,457
280 ENTERPRISE INFORMATION........... 5,095 -5,095
Navy-Identified Excess for [-5,095]
Network Management Systems...
290 SUSTAINMENT, RESTORATION AND 26,793 26,793
MODERNIZATION...................
300 BASE OPERATING SUPPORT........... 352,210 394,880
Civilian Pay Overstatement [-7,330]
Due to No Requirement for FTE
in this SAG..................
Transfer from Title III: [50,000]
Regional/Emergency Operations
Center.......................
305 UNDISTRIBUTED.................... 495,000
Transfer from Base: Readiness [495,000]
and Depot Maintenance (BA-1
Undistributed)...............
SUBTOTAL OPERATING FORCES.... 6,261,464 7,187,640
MOBILIZATION
310 SHIP PREPOSITIONING AND SURGE.... 29,010 29,010
340 EXPEDITIONARY HEALTH SERVICES 34,300 64,304
SYSTEMS.........................
Realignment of Funding from [25,000]
1B1B not Accounted for in
Budget Documentation.........
Transfer from Title III: [5,004]
Medical/Equipment costs for
USNS MERCY...................
360 COAST GUARD SUPPORT.............. 258,278 -258,278
Direct Appropriation to [-258,278]
Department of Homeland
Security.....................
SUBTOTAL MOBILIZATION........ 321,588 93,314
TRAINING AND RECRUITING
400 SPECIALIZED SKILL TRAINING....... 69,961 72,961
Transfer from Title III: [3,000]
Naval Sea Systems Command
Visit, Board, Search and
Seizure (VBSS)/Explosive
Ordnance Device (EOD)
Training.....................
430 TRAINING SUPPORT................. 5,400 5,400
SUBTOTAL TRAINING AND 75,361 78,361
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
480 ADMINISTRATION................... 2,348 2,348
510 MILITARY MANPOWER AND PERSONNEL 6,142 18,699
MANAGEMENT......................
Transfer from Title III: [3,557]
Family Readiness Programs....
Transfer from Title III: Navy [9,000]
Manpower and Personnel System/
NSIPS........................
520 OTHER PERSONNEL SUPPORT.......... 5,849 5,849
530 SERVICEWIDE COMMUNICATIONS....... 28,511 28,511
550 SERVICEWIDE TRANSPORTATION....... 263,593 238,593
Unjustified Growth for [-25,000]
Transportation Estimates.....
580 ACQUISITION AND PROGRAM 17,414 17,414
MANAGEMENT......................
610 SPACE AND ELECTRONIC WARFARE 1,075 1,075
SYSTEMS.........................
620 NAVAL INVESTIGATIVE SERVICE...... 6,564 6,564
650 FOREIGN COUNTERINTELLIGENCE...... 14,598 14,598
705 CLASSIFIED PROGRAMS.............. 2,060 2,060
SUBTOTAL ADMIN & SRVWD 348,154 335,711
ACTIVITIES...................
[[Page 125 STAT. 1790]]
TOTAL OPERATION & 7,006,567 7,695,026
MAINTENANCE, NAVY...........
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............... 2,069,485 2,086,485
Marine Corps Requested [17,000]
Transfer for Family of
Shelters from Procurement,
Marine Corps line 38.........
020 FIELD LOGISTICS.................. 575,843 575,843
030 DEPOT MAINTENANCE................ 251,100 363,100
Transfer from Title III: [112,000]
Depot Maintenance............
070 BASE OPERATING SUPPORT........... 82,514 82,514
075 UNDISTRIBUTED.................... 235,000
Transfer from Title III: [235,000]
Readiness and Depot
Maintenance (BA-1
Undistributed)...............
SUBTOTAL OPERATING FORCES.... 2,978,942 3,342,942
TRAINING AND RECRUITING
130 TRAINING SUPPORT................. 209,784 209,784
SUBTOTAL TRAINING AND 209,784 209,784
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
180 SERVICEWIDE TRANSPORTATION....... 376,495 376,495
190 ADMINISTRATION................... 5,989 5,989
SUBTOTAL ADMIN & SRVWD 382,484 382,484
ACTIVITIES...................
TOTAL OPERATION & 3,571,210 3,935,210
MAINTENANCE, MARINE CORPS...
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............ 2,115,901 2,185,901
Transfer from Title III-- [70,000]
Theater Security Package.....
020 COMBAT ENHANCEMENT FORCES........ 2,033,929 2,033,929
030 AIR OPERATIONS TRAINING (OJT, 46,844 46,844
MAINTAIN SKILLS)................
050 DEPOT MAINTENANCE................ 312,361 312,361
060 FACILITIES SUSTAINMENT, 334,950 334,950
RESTORATION & MODERNIZATION.....
070 BASE SUPPORT..................... 641,404 641,404
080 GLOBAL C3I AND EARLY WARNING..... 69,330 69,330
090 OTHER COMBAT OPS SPT PROGRAMS.... 297,015 297,015
120 SPACE CONTROL SYSTEMS............ 16,833 16,833
130 COMBATANT COMMANDERS DIRECT 46,390 63,750
MISSION SUPPORT.................
Transfer from Title III: [12,500]
CENTCOM HQ C4................
Transfer from Title III: [4,860]
CENTCOM Public Affairs.......
145 UNDISTRIBUTED.................... 470,000
Transfer from Title III: [470,000]
Readiness and Depot
Maintenance (BA-1
Undistributed)...............
SUBTOTAL OPERATING FORCES.... 5,914,957 6,472,317
MOBILIZATION
150 AIRLIFT OPERATIONS............... 3,533,338 3,533,338
160 MOBILIZATION PREPAREDNESS........ 85,416 85,416
170 DEPOT MAINTENANCE................ 161,678 161,678
180 FACILITIES SUSTAINMENT, 9,485 9,485
RESTORATION & MODERNIZATION.....
190 BASE SUPPORT..................... 30,033 30,033
[[Page 125 STAT. 1791]]
SUBTOTAL MOBILIZATION........ 3,819,950 3,819,950
TRAINING AND RECRUITING
230 FACILITIES SUSTAINMENT, 908 908
RESTORATION & MODERNIZATION.....
240 BASE SUPPORT..................... 2,280 2,280
250 SPECIALIZED SKILL TRAINING....... 29,592 29,592
260 FLIGHT TRAINING.................. 154 154
270 PROFESSIONAL DEVELOPMENT 691 691
EDUCATION.......................
280 TRAINING SUPPORT................. 753 753
SUBTOTAL TRAINING AND 34,378 34,378
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
350 LOGISTICS OPERATIONS............. 155,121 155,121
390 BASE SUPPORT..................... 20,677 20,677
400 ADMINISTRATION................... 3,320 3,320
410 SERVICEWIDE COMMUNICATIONS....... 111,561 111,561
420 OTHER SERVICEWIDE ACTIVITIES..... 605,223 605,223
465 CLASSIFIED PROGRAMS.............. 54,000 54,000
SUBTOTAL ADMIN & SRVWD 949,902 949,902
ACTIVITIES...................
UNDISTRIBUTED
470 UNDISTRIBUTED.................... -25,000
Unjustified Growth in [-25,000]
Civilian Personnel Costs.....
SUBTOTAL UNDISTRIBUTED....... -25,000
TOTAL OPERATION & 10,719,187 11,251,547
MAINTENANCE, AIR FORCE......
OPERATION & MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............ 2,000 2,000
020 SPECIAL OPERATIONS COMMAND....... 3,269,939 3,295,239
Military Information Support [50,300]
Activities--Transfer from
Base.........................
Unjustified Program Growth in [-25,000]
Operating Support for
Operation New Dawn...........
SUBTOTAL OPERATING FORCES.... 3,271,939 3,297,239
ADMIN & SRVWD ACTIVITIES
080 DEFENSE CONTRACT AUDIT AGENCY.... 23,478 23,478
090 DEFENSE CONTRACT MANAGEMENT 87,925 87,925
AGENCY..........................
120 DEFENSE INFORMATION SYSTEMS 164,520 164,520
AGENCY..........................
140 DEFENSE LEGAL SERVICES AGENCY.... 102,322 67,322
Unjustified Program Growth... [-35,000]
160 DEFENSE MEDIA ACTIVITY........... 15,457 15,457
185 DEFENSE SECURITY COOPERATION 2,200,000 2,140,000
AGENCY--OTHER...................
Coalition Support Funds: [-60,000]
Excess to Need for Contract
Renewal......................
220 DEPARTMENT OF DEFENSE EDUCATION 194,100 267,100
ACTIVITY........................
Transfer from Title III: [73,000]
Child Care and Counseling....
260 OFFICE OF THE SECRETARY OF 143,870 143,870
DEFENSE.........................
275 CLASSIFIED PROGRAMS.............. 3,065,800 3,041,800
Classified Adjustment........ [-24,000]
SUBTOTAL ADMIN & SRVWD 5,997,472 5,951,472
ACTIVITIES...................
TOTAL OPERATION & 9,269,411 9,248,711
MAINTENANCE, DEFENSE-WIDE...
[[Page 125 STAT. 1792]]
OPERATION & MAINTENANCE, ARMY
RESERVE
OPERATING FORCES
030 ECHELONS ABOVE BRIGADE........... 84,200 84,200
050 LAND FORCES OPERATIONS SUPPORT... 28,100 28,100
070 FORCE READINESS OPERATIONS 20,700 20,700
SUPPORT.........................
100 BASE OPERATIONS SUPPORT.......... 84,500 84,500
SUBTOTAL OPERATING FORCES.... 217,500 217,500
TOTAL OPERATION & 217,500 217,500
MAINTENANCE, ARMY RESERVE...
OPERATION & MAINTENANCE, NAVY
RESERVE
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 38,402 38,402
OPERATIONS......................
020 INTERMEDIATE MAINTENANCE......... 400 400
040 AIRCRAFT DEPOT MAINTENANCE....... 11,330 11,330
060 MISSION AND OTHER SHIP OPERATIONS 10,137 10,137
100 COMBAT SUPPORT FORCES............ 13,827 13,827
140 BASE OPERATING SUPPORT........... 52 52
SUBTOTAL OPERATING FORCES.... 74,148 74,148
TOTAL OPERATION & 74,148 74,148
MAINTENANCE, NAVY RESERVE...
OPERATION & MAINTENANCE, MARINE
CORPS RESERVE
OPERATING FORCES
010 OPERATING FORCES................. 31,284 31,284
050 BASE OPERATING SUPPORT........... 4,800 4,800
SUBTOTAL OPERATING FORCES..... 36,084 36,084
TOTAL OPERATION & 36,084 36,084
MAINTENANCE, MARINE CORPS
RESERVE.....................
OPERATION & MAINTENANCE, AIR
FORCE RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............ 4,800 4,800
030 DEPOT MAINTENANCE................ 131,000 131,000
050 BASE SUPPORT..................... 6,250 6,250
SUBTOTAL OPERATING FORCES..... 142,050 142,050
TOTAL OPERATION & 142,050 142,050
MAINTENANCE, AIR FORCE
RESERVE.....................
OPERATION & MAINTENANCE, ARMY
NATIONAL GUARD
OPERATING FORCES
010 MANEUVER UNITS................... 89,930 89,930
060 AVIATION ASSETS.................. 130,848 130,848
070 FORCE READINESS OPERATIONS 110,011 100,011
SUPPORT.........................
Duplicate Request for [-10,000]
Military Pay Support Contract
(Requested in both SAG 121
and SAG 131).................
100 BASE OPERATIONS SUPPORT.......... 34,788 34,788
120 MANAGEMENT AND OPERATIONAL HQ.... 21,967 21,967
SUBTOTAL OPERATING FORCES.... 387,544 377,544
TOTAL OPERATION & 387,544 377,544
MAINTENANCE, ARMY NATIONAL
GUARD.......................
[[Page 125 STAT. 1793]]
OPERATION & MAINTENANCE, AIR
NATIONAL GUARD
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS....... 34,050 34,050
SUBTOTAL OPERATING FORCES.... 34,050 34,050
TOTAL OPERATION & 34,050 34,050
MAINTENANCE, AIR NATIONAL
GUARD.......................
AFGHANISTAN SECURITY FORCES FUND
MINISTRY OF DEFENSE
010 INFRASTRUCTURE................... 1,304,350 1,304,350
020 EQUIPMENT AND TRANSPORTATION..... 1,667,905 1,432,490
Revised Combined Security [-235,415]
Transition Command--
Afghanistan (CSTC-A)
requirement..................
030 TRAINING AND OPERATIONS.......... 751,073 751,073
040 SUSTAINMENT...................... 3,331,774 3,033,984
Revised Combined Security [-297,790]
Transition Command--
Afghanistan (CSTC-A)
requirement..................
SUBTOTAL MINISTRY OF DEFENSE. 7,055,102 6,521,897
MINISTRY OF INTERIOR
060 INFRASTRUCTURE................... 1,128,584 1,128,584
070 EQUIPMENT AND TRANSPORTATION..... 1,530,420 601,915
Revised Combined Security [-928,505]
Transition Command--
Afghanistan (CSTC-A)
requirement..................
080 TRAINING AND OPERATIONS.......... 1,102,430 1,102,430
090 SUSTAINMENT...................... 1,938,715 1,800,425
Revised Combined Security [-138,290]
Transition Command--
Afghanistan (CSTC-A)
requirement..................
SUBTOTAL MINISTRY OF INTERIOR 5,700,149 4,633,354
ASSOCIATED ACTIVITIES
110 SUSTAINMENT...................... 21,187 21,187
120 TRAINING AND OPERATIONS.......... 7,344 7,344
130 INFRASTRUCTURE................... 15,000 15,000
150 EQUIPMENT AND TRANSPORTATION..... 1,218 1,218
SUBTOTAL ASSOCIATED 44,749 44,749
ACTIVITIES...................
TOTAL AFGHANISTAN SECURITY 12,800,000 11,200,000
FORCES FUND.................
AFGHANISTAN INFRASTRUCTURE FUND
POWER
010 POWER............................ 300,000 300,000
020 TRANSPORTATION................... 100,000 100,000
030 WATER............................ 50,000 50,000
040 OTHER RELATED ACTIVITIES......... 25,000 -50,000
Authorization Adjustment..... [-75,000]
SUBTOTAL POWER............... 475,000 400,000
TOTAL AFGHANISTAN 475,000 400,000
INFRASTRUCTURE FUND.........
UNDISTRIBUTED GENERAL PROVISIONS
UNDISTRIBUTED GENERAL PROVISIONS
010 UNDISTRIBUTED GENERAL PROVISIONS. -4,000,000
Reduction to reflect policy [-4,000,000]
change on troop strength in
Afghanistan..................
[[Page 125 STAT. 1794]]
SUBTOTAL UNDISTRIBUTED -4,000,000
GENERAL PROVISIONS...........
TOTAL UNDISTRIBUTED GENERAL -4,000,000
PROVISIONS..................
TOTAL OPERATION & 89,035,031 86,211,026
MAINTENANCE.................
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL.................... 142,828,848 141,992,228
Unobligated Balances (Section [-325,620]
421).............................
Hostile fire pay proration....... [-42,000]
Reduction of Army Referral Bonus. [-21,000]
Undistributed transfer to Title XV [-448,000]
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL.......................... 11,228,566 11,676,566
Undistributed transfer from Title IV.... [448,000]
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE STOCKS...... 101,194 101,194
TOTAL WORKING CAPITAL FUND, ARMY... 101,194 101,194
WORKING CAPITAL FUND, AIR FORCE
CONTAINER DECONSOLIDATION
WAR RESERVE MATERIAL.................. 65,372 65,372
TOTAL WORKING CAPITAL FUND, AIR 65,372 65,372
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
ADJ TO MATCH CONTINUING RESOLUTION
DEFENSE LOGISTICS AGENCY (DLA)........ 31,614 31,614
TOTAL WORKING CAPITAL FUND, DEFENSE- 31,614 31,614
WIDE...............................
[[Page 125 STAT. 1795]]
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 1,376,830 1,376,830
TOTAL WORKING CAPITAL FUND, DECA... 1,376,830 1,376,830
NATIONAL DEFENSE SEALIFT FUND
T-AKE
MPF MLP............................... 425,865 400,000
Revised Mobile Landing Platform [-25,865]
acquisition strategy.............
POST DELIVERY AND OUTFITTING.......... 24,161 24,161
NATIONAL DEF SEALIFT VESSEL........... 1,138 1,138
LG MED SPD RO/RO MAINTENANCE.......... 92,567 92,567
DOD MOBILIZATION ALTERATIONS.......... 184,109 184,109
TAH MAINTENANCE....................... 40,831 40,831
STRATEGIC SEALIFT SUPPORT
RESEARCH AND DEVELOPMENT.............. 48,443 48,443
READY RESERVE FORCE................... 309,270 309,270
TOTAL NATIONAL DEFENSE SEALIFT FUND 1,126,384 1,100,519
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 8,148,856 8,148,856
PRIVATE SECTOR CARE................... 16,377,272 16,047,272
TRICARE Historical Execution..... [-330,000]
CONSOLIDATED HEALTH SUPPORT........... 2,193,821 2,193,821
INFORMATION MANAGEMENT................ 1,422,697 1,422,697
MANAGEMENT ACTIVITIES................. 312,102 307,102
Contract Savings from Web Site [-2,000]
Consolidation....................
Strategic Communications......... [-3,000]
EDUCATION AND TRAINING................ 705,347 693,647
Unjustified Growth for Travel.... [-11,700]
BASE OPERATIONS/COMMUNICATIONS........ 1,742,451 1,738,840
Adjustment for Civilian Pay Error [-3,611]
Prohibit TRICARE Prime Fee
Increase for 1 year
WOUNDED WARRIOR MILITARY ADAPTIVE
SPORTS PROGRAM
IN-HOUSE LABORATORY INDEPENDENT 2,935 2,935
RESEARCH.............................
BASIC OPERATIONAL MEDICAL RESEARCH
SCIENCE
APPLIED BIOMEDICAL TECHNOLOGY......... 33,805 33,805
MEDICAL TECHNOLOGY.................... 3,694 3,694
MEDICAL ADVANCED TECHNOLOGY........... 767 767
MEDICAL TECHNOLOGY DEVELOPMENT........ 181,042 181,042
MEDICAL PRODUCTS SUPPORT AND ADVANCED 167,481 167,481
CONCEPT DEVELOPMENT..................
INFORMATION TECHNOLOGY DEVELOPMENT.... 176,345 176,345
MEDICAL PRODUCTS AND SUPPORT SYSTEMS 34,559 34,559
DEVELOPMENT..........................
SMALL BUSINESS INNOVATIVE RESEARCH
MEDICAL PROGRAM-WIDE ACTIVITIES....... 48,313 48,313
MEDICAL PRODUCTS AND CAPABILITIES 14,765 14,765
ENHANCEMENT ACTIVITIES...............
DEFENSE HEALTH PROGRAM................ 632,518 632,518
TOTAL DEFENSE HEALTH PROGRAM....... 32,198,770 31,848,459
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M............ 1,147,691 1,147,691
CHEM DEMILITARIZATION--RDT&E.......... 406,731 406,731
TOTAL CHEM AGENTS & MUNITIONS 1,554,422 1,554,422
DESTRUCTION........................
[[Page 125 STAT. 1796]]
DRUG INTERDICTION AND COUNTER DRUG
ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG 1,156,282 1,153,330
ACTIVITIES, DEFENSE..................
PC 2360 EUCOM Tactical Analysis [-952]
Team Support--Previously Denied
New Start........................
PC 9205 EUCOM Counternarcotics [-2,000]
Operations Support--Authorization
Adjustment for Unjustified Growth
TOTAL DRUG INTERDICTION AND COUNTER 1,156,282 1,153,330
DRUG ACTIVITIES....................
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE............... 286,919 327,419
Program increase--Growth plan.... [40,500]
RDT&E................................. 1,600 4,500
Program increase--Growth plan.... [2,900]
PROCUREMENT........................... 1,000 1,000
TOTAL OFFICE OF THE INSPECTOR 289,519 332,919
GENERAL............................
TOTAL OTHER AUTHORIZATIONS......... 37,900,387 37,564,659
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
PREPOSITIONED WAR RESERVE STOCKS............ 54,000 54,000
TOTAL WORKING CAPITAL FUND, ARMY......... 54,000 54,000
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION FALLEN HEROES................ 10,000 10,000
CONTAINER DECONSOLIDATION................... 2,000 2,000
TOTAL WORKING CAPITAL FUND, AIR FORCE.... 12,000 12,000
WORKING CAPITAL FUND, DEFENSE-WIDE
ADJ TO MATCH CONTINUING RESOLUTION
DEFENSE LOGISTICS AGENCY (DLA).............. 369,013 369,013
TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE. 369,013 369,013
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............................... 641,996 641,996
PRIVATE SECTOR CARE......................... 464,869 464,869
CONSOLIDATED HEALTH SUPPORT................. 95,994 95,994
INFORMATION MANAGEMENT...................... 5,548 5,548
MANAGEMENT ACTIVITIES....................... 751 751
EDUCATION AND TRAINING...................... 16,859 16,859
BASE OPERATIONS/COMMUNICATIONS.............. 2,271 2,271
TOTAL DEFENSE HEALTH PROGRAM............. 1,228,288 1,228,288
DRUG INTERDICTION AND COUNTER DRUG
ACTIVITIES
DRUG INTERDICTION AND COUNTER-DRUG 486,458 456,458
ACTIVITIES, DEFENSE........................
CTF-Kabul HQ Facility--Funding No [-5,000]
Longer Required........................
[[Page 125 STAT. 1797]]
Mi-17s--Change in Acquisition Strategy. [-8,000]
Program adjustment..................... [-7,000]
Reduce Program Growth (Pakistan)....... [-10,000]
TOTAL DRUG INTERDICTION AND COUNTER DRUG 486,458 456,458
ACTIVITIES...............................
OFFICE OF THE INSPECTOR GENERAL
OPERATION & MAINTENANCE..................... 11,055 11,055
TOTAL OFFICE OF THE INSPECTOR GENERAL.... 11,055 11,055
TOTAL OTHER AUTHORIZATIONS............... 2,160,814 2,130,814
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and Budget Conference
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Afghanistan
Army Bagram Air Base Barracks, Ph 5............. 29,000 29,000
Army Bagram Air Base Construct Drainage System, 31,000 31,000
Ph 3.
Army Bagram Air Base Entry Control Point........ 20,000 20,000
Alabama
Army Fort Rucker Combat Readiness Center.... 11,600 11,600
Alaska
Army Fort Wainwright Aviation Complex, Ph 3A.... 114,000 57,000
Army Joint Base Elmendorf- Brigade Complex, Ph 2...... 74,000 74,000
Richardson
Army Joint Base Elmendorf- Organizational Parking..... 3,600 3,600
Richardson
Army Joint Base Elmendorf- Physical Fitness Facility.. 26,000 26,000
Richardson
California
Army Fort Irwin Infantry Squad Battle 7,500 7,500
Course.
Army Fort Irwin Qualification Training 15,500 15,500
Range.
Army Presidio Monterey General Instruction 3,000 3,000
Building.
Colorado
Army Fort Carson Aircraft Loading Area...... 34,000 34,000
Army Fort Carson Aircraft Maintenance Hangar 63,000 63,000
Army Fort Carson Barracks................... 46,000 46,000
Army Fort Carson Barracks................... 67,000 67,000
Army Fort Carson Brigade Headquarters....... 14,400 14,400
Army Fort Carson Control Tower.............. 14,200 14,200
Georgia
Army Fort Benning Land Acquisition........... 25,000 25,000
Army Fort Benning Land Acquisition........... 5,100 5,100
Army Fort Benning Rail Loading Facility...... 13,600 13,600
Army Fort Benning Trainee Barracks Complex, 23,000 23,000
Ph 3.
Army Fort Gordon Hand Grenade 1,450 1,450
Familiarization Range.
Army Fort Stewart Dog Kennel................. 2,600 2,600
Germany
Army Germersheim Central Distribution 21,000 0
Facility.
Army Germersheim Infrastructure............. 16,500 0
Army Grafenwoehr Barracks................... 17,500 17,500
Army Grafenwoehr Chapel..................... 15,500 15,500
Army Grafenwoehr Convoy Live Fire Range..... 5,000 5,000
Army Landstuhl Satellite Communications 24,000 24,000
Center.
Army Landstuhl Satellite Communications 39,000 39,000
Center.
Army Oberdachstetten Automated Record Fire Range 12,200 12,200
Army Stuttgart Access Control Point....... 12,200 12,200
[[Page 125 STAT. 1798]]
Army Vilseck Barracks................... 20,000 20,000
Hawaii
Army Fort Shafter Child Development Center... 17,500 17,500
Army Schofield Barracks Centralized Wash Facility.. 32,000 32,000
Army Schofield Barracks Combat Aviation Brigade 73,000 73,000
Complex, Ph 1.
Honduras
Army Honduras Various Barracks................... 25,000 0
Kansas
Army Forbes Air Field Deployment Support Facility 5,300 5,300
Army Fort Riley Chapel..................... 10,400 10,400
Army Fort Riley Physical Fitness Facility.. 13,000 13,000
Army Fort Riley Unmanned Aerial Vehicle 60,000 60,000
Maintenance Hangar.
Kentucky
Army Fort Campbell Barracks................... 23,000 23,000
Army Fort Campbell Barracks Complex........... 65,000 65,000
Army Fort Campbell Physical Fitness Facility.. 18,500 18,500
Army Fort Campbell Scout/RECCE Gunnery Range.. 18,000 18,000
Army Fort Campbell Unmanned Aerial Vehicle 67,000 67,000
Maintenance Hangar.
Army Fort Campbell Vehicle Maintenance 16,000 16,000
Facility.
Army Fort Campbell Vehicle Maintenance 40,000 40,000
Facility.
Army Fort Knox Automated Infantry Platoon 7,000 7,000
Battle Course.
Army Fort Knox Battalion Complex.......... 48,000 48,000
Korea
Army Camp Carroll Barracks................... 41,000 41,000
Army Camp Henry Barracks Complex........... 48,000 48,000
Louisiana
Army Fort Polk Brigade Complex............ 23,000 23,000
Army Fort Polk Fire Station............... 9,200 9,200
Army Fort Polk Land Acquisition........... 27,000 27,000
Army Fort Polk Military Working Dog 2,600 2,600
Facility.
Army Fort Polk Multipurpose Machine Gun 8,300 8,300
Range.
Maryland
Army Aberdeen Proving Ground Auto Technology Evaluation 15,500 15,500
Fac, Ph 3.
Army Aberdeen Proving Ground Command and Control 63,000 63,000
Facility.
Army Fort Meade Applied Instruction 43,000 43,000
Facility.
Army Fort Meade Brigade Complex............ 36,000 36,000
Missouri
Army Fort Leonard Wood Vehicle Maintenance 49,000 49,000
Facility.
New York
Army Fort Drum Ammunition Supply Point.... 5,700 5,700
Army Fort Drum Chapel..................... 7,600 7,600
North Carolina
Army Fort Bragg Access Roads, Ph 2......... 18,000 18,000
Army Fort Bragg Battle Command Training 23,000 23,000
Center.
Army Fort Bragg Brigade Complex Facilities. 49,000 49,000
Army Fort Bragg NCO Academy................ 42,000 42,000
Army Fort Bragg Unmanned Aerial Vehicle 54,000 54,000
Maintenance Hangar.
Oklahoma
Army Fort Sill Battle Command Training 23,000 23,000
Center.
Army Fort Sill Chapel..................... 13,200 13,200
Army Fort Sill Physical Fitness Facility.. 25,000 25,000
Army Fort Sill Rail Deployment Facility... 3,400 3,400
Army Fort Sill Reception Station, Ph 1.... 36,000 36,000
Army Fort Sill THAAD Instruction Facility. 33,000 33,000
Army Fort Sill Vehicle Maintenance 51,000 51,000
Facility.
Army Mcalester Ammunition Loading Pads.... 1,700 1,700
Army Mcalester Railroad Tracks............ 6,300 6,300
South Carolina
Army Fort Jackson Modified Record Fire Range. 4,900 4,900
Army Fort Jackson Trainee Barracks Complex, 59,000 59,000
Ph 2.
[[Page 125 STAT. 1799]]
Texas
Army Fort Bliss Applied Instruction 8,300 8,300
Building.
Army Fort Bliss Barracks Complex........... 13,000 13,000
Army Fort Bliss Electronics Maintenance 14,600 14,600
Facility.
Army Fort Bliss Infrastructure............. 14,600 11,600
Army Fort Bliss JLENS Tactical Training 39,000 39,000
Facility.
Army Fort Bliss Vehicle Maintenance 19,000 19,000
Facility.
Army Fort Bliss Vehicle Maintenance 14,600 14,600
Facility.
Army Fort Bliss Vehicle Maintenance 24,000 0
Facility.
Army Fort Bliss Water Well, Potable........ 2,400 2,400
Army Fort Hood Operational Readiness 51,000 51,000
Training Complex.
Army Fort Hood Unmanned Aerial Vehicle 47,000 47,000
Maintenance Hangar.
Army Fort Hood Vehicle Maintenance 18,500 18,500
Facility.
Army Fort Hood Vehicle Maintenance 15,500 15,500
Facility.
Army Joint Base San Antonio Vehicle Maintenance 10,400 10,400
Facility.
Army Red River Army Depot Maneuver Systems 44,000 44,000
Sustainment Ctr, Ph 3.
Utah
Army Dugway Proving Ground Life Sciences Test Facility 32,000 32,000
Addition.
Virginia
Army Fort Belvoir Information Dominance 52,000 52,000
Center, Ph 1.
Army Fort Belvoir Road and Infrastucture 31,000 0
Improvements.
Army Joint Base Langley Aviation Training Facility. 26,000 26,000
Eustis
Washington
Army Joint Base Lewis Air Support Operations 7,300 7,300
Mcchord Facilities.
Army Joint Base Lewis Aviation Complex, Ph 1B.... 48,000 48,000
Mcchord
Army Joint Base Lewis Aviation Unit Complex, Ph 34,000 34,000
Mcchord 1A.
Army Joint Base Lewis Battalion Complex.......... 59,000 59,000
Mcchord
Army Joint Base Lewis Brigade Complex, Ph 2...... 56,000 56,000
Mcchord
Army Joint Base Lewis Infrastructure, Ph 1....... 64,000 64,000
Mcchord
Army Joint Base Lewis Operational Readiness 28,000 28,000
Mcchord Training Cplx, Ph 1.
Worldwide Unspecified
Army Unspecified Worldwide Community Facilities....... 0 0
Locations
Army Unspecified Worldwide Host Nation Support........ 25,500 25,500
Locations
Army Unspecified Worldwide Minor Construction......... 20,000 20,000
Locations
Army Unspecified Worldwide Planning & Design.......... 229,741 184,741
Locations
Army Unspecified Worldwide R&D Facilities............. 0 0
Locations
Army Unspecified Worldwide Supply Facilities.......... 0 0
Locations
Army Unspecified Worldwide Training Facilities........ 0 0
Locations
[[Page 125 STAT. 1800]]
Army Unspecified Worldwide Troop Housing Facilities... 0 0
Locations
Army Unspecified Worldwide Troop Housing Facilities... 0 0
Locations
Army Unspecified Worldwide Utilities and Ground 0 0
Locations Improvements.
.........................
Total Military Construction, Army 3,235,991 3,013,491
.......................
Arizona
Navy Yuma Aircraft Maintenance Hangar 39,515 39,515
Navy Yuma Double Aircraft Maintenance 81,897 81,897
Hangar.
Navy Yuma JSF Auxiliary Landing Field 41,373 41,373
Bahrain Island
Navy SW Asia Bachelor Enlisted Quarters. 55,010 55,010
Navy SW Asia Waterfront Development 45,194 0
Phase 4.
California
Navy Barstow Dip Tank Cleaning Facility. 8,590 8,590
Navy Bridgeport Multi-Purpose Building-- 19,238 16,138
Addition.
Navy Camp Pendleton Armory, 1st Marine Division 12,606 12,606
Navy Camp Pendleton Individual Equipment Issue 16,411 16,411
Warehouse.
Navy Camp Pendleton Infantry Squad Defense 29,187 29,187
Range.
Navy Camp Pendleton Intersection Bridge and 12,476 12,476
Improvements.
Navy Camp Pendleton MV-22 Aviation Fuel Storage 6,163 6,163
Navy Camp Pendleton MV-22 Aviation Pavement.... 18,530 18,530
Navy Camp Pendleton MV-22 Double Hangar 48,345 48,345
Replacement.
Navy Camp Pendleton New Potable Water 113,091 113,091
Conveyance.
Navy Camp Pendleton North Area Waste Water 78,271 78,271
Conveyance.
Navy Coronado Multi Purpose Facility 46,763 46,763
North Island.
Navy Coronado Rotary Aircraft Depot Maint 61,672 61,672
Fac (North Is.).
Navy Point Mugu E-2D Aircrew Training 15,377 15,377
Facility.
Navy Twentynine Palms Child Development Center... 23,743 23,743
Navy Twentynine Palms Land Expansion............. 8,665 8,665
Navy Twentynine Palms Multi-Use Operational 18,819 18,819
Fitness Area.
Navy Twentynine Palms Tracked Vehicle Maintenance 15,882 15,882
Cover.
Diego Garcia
Navy Diego Garcia Potable Water Plant 35,444 35,444
Modernization.
Djibouti
Navy Camp Lemonier Aircraft Logistics Apron... 35,170 35,170
Navy Camp Lemonier Bachelor Quarters.......... 43,529 43,529
Navy Camp Lemonier Taxiway Enhancement........ 10,800 10,800
Florida
Navy Jacksonville Bams UAS Operator Training 4,482 4,482
Facility.
Navy Jacksonville P-8A Hangar Upgrades....... 6,085 6,085
Navy Jacksonville P-8A Training Facility..... 25,985 25,985
Navy Mayport Massey Avenue Corridor 14,998 14,998
Improvements.
Navy Whiting Field Applied Instruction 20,620 20,620
Facilities, EOD Course.
Georgia
Navy Kings Bay Crab Island Security 52,913 52,913
Enclave.
Navy Kings Bay WRA Land/Water Interface... 33,150 33,150
Guam
Navy Joint Region Marianas Finegayan Water Utilities.. 77,267 0
Navy Joint Region Marianas North Ramp Utilities-- 78,654 0
Anderson AFB (Inc).
Hawaii
Navy Barking Sands North Loop Electrical 9,679 9,679
Replacement.
Navy Joint Base Pearl Harbor- Navy Information Operations 7,492 7,492
Hickam Command Fes Fac.
Navy Kaneohe Bay MCAS Operations Complex.... 57,704 57,704
Illinois
Navy Great Lakes Decentralize Steam System.. 91,042 91,042
[[Page 125 STAT. 1801]]
Maryland
Navy Indian Head Decentralize Steam System.. 67,779 67,779
Navy Patuxent River Aircraft Prototype Facility 45,844 45,844
Phase 2.
North Carolina
Navy Camp Lejeune 2nd Combat Engineer 75,214 75,214
Maintenance/Ops Complex.
Navy Camp Lejeune Bachelor Enlisted Quarters-- 27,439 27,439
Wallace Creek.
Navy Camp Lejeune Base Entry Point and Road.. 81,008 81,008
Navy Camp Lejeune Squad Battle Course........ 16,821 16,821
Navy Cherry Point Marine H-1 Helicopter Gearbox 17,760 17,760
Corps Air Station Repair & Test Facility.
Navy New River Aircraft Maintenance Hangar 69,511 69,511
and Apron.
Navy New River Ordnance Loading Area 9,419 9,419
Additiion.
South Carolina
Navy Beaufort Vertical Landing Pads...... 21,096 21,096
Virginia
Navy Norfolk Bachelor Quarters, Homeport 81,304 81,304
Ashore.
Navy Norfolk Decentralize Steam System.. 26,924 26,924
Navy Portsmouth Controlled Industrial 74,864 74,864
Facility.
Navy Quantico Academic Instruction 75,304 75,304
Facility.
Navy Quantico Bachelor Enlisted Quarters. 31,374 31,374
Navy Quantico Embassy Security Group 27,079 27,079
Facilities.
Navy Quantico Enlisted Dining Facility... 5,034 5,034
Navy Quantico Realign Purvis Rd/Russell 6,442 6,442
Rd Intersection.
Navy Quantico The Basic School Student 28,488 28,488
Quarters--Phase 6.
Navy Quantico Waste Water Treatment 9,969 9,969
Plant--Upshur.
Washington
Navy Bremerton Integrated Dry Dock Water 13,341 13,341
Treatment Fac Ph1.
Navy Kitsap EHW Security Force Facility 25,948 25,948
(Bangor).
Navy Kitsap Explosives Handling Wharf 78,002 78,002
#2 (Inc. 1).
Navy Kitsap Waterfront Restricted Area 17,894 17,894
Vehicle Barriers.
Worldwide Unspecified
Navy Unspecified Worldwide Maintenance & Production 0 0
Locations Facilities.
Navy Unspecified Worldwide Planning and Design........ 84,362 69,362
Locations
Navy Unspecified Worldwide R&D Facilities............. 0 0
Locations
Navy Unspecified Worldwide Troop Housing Facilities... 0 0
Locations
Navy Unspecified Worldwide Unspecified Minor Constr... 21,495 21,495
Locations
.........................
Total Military Construction, Navy 2,461,547 2,242,332
.......................
Alaska
AF Eielson AFB Dormitory (168 Rm)......... 45,000 45,000
AF Joint Base Elmendorf- Brigade Combat Team (Light) 97,000 97,000
Richardson Complex, (480 RM).
Arizona
AF Davis-Monthan AFB EC-130H Simulator/Training 20,500 20,500
Operations.
AF Davis-Monthan AFB HC-130J Joint Use Fuel Cell 12,500 12,500
AF Luke AFB F-35 Adal Aircraft 6,000 6,000
Maintenance Unit.
[[Page 125 STAT. 1802]]
AF Luke AFB F-35 Squad Ops/AMU 2....... 18,000 18,000
California
AF Travis AFB Dormitory (144 Rm)......... 22,000 22,000
AF Vandenberg AFB Education Center........... 14,200 14,200
Colorado
AF U.S. Air Force Academy Construct Large Vehicle 13,400 13,400
Inspection Facility.
Delaware
AF Dover AFB C-5M Formal Training Unit 2,800 2,800
Facility.
Florida
AF Patrick AFB Air Force Technical 79,000 79,000
Applications Ctr--Incr 2.
Germany
AF Ramstein Ab Dormitory (192 Rm)......... 34,697 34,697
Greenland
AF Thule Ab Dormitory (72 Pn).......... 28,000 28,000
Guam
AF Joint Region Marianas Air Freight Terminal 35,000 35,000
Complex.
AF Joint Region Marianas Guam Strike Clear Water 7,500 7,500
Rinse Facility.
AF Joint Region Marianas Guam Strike Conventional 11,700 11,700
Munitions Maintenanc.
AF Joint Region Marianas Guam Strike Fuel Systems 128,000 0
Maintenance Hangar, Incr 1.
AF Joint Region Marianas PRTC Combat Communications 9,800 9,800
Combat Support.
AF Joint Region Marianas PRTC Combat Communications 5,600 5,600
Transmission Syst.
AF Joint Region Marianas PRTC Red Horse Cantonment 14,000 14,000
Operations Facility.
Italy
AF Sigonella UAS SATCOM Relay Pads and 15,000 15,000
Facility.
Kansas
AF Fort Riley Air Support Operations 7,600 7,600
Center.
Korea
AF Osan AB Dormitory (156 Rm)......... 23,000 23,000
Louisiana
AF Barksdale AFB Mission Support Group 23,500 23,500
Complex.
Missouri
AF Whiteman AFB WSA Security Control 4,800 4,800
Facility.
Nebraska
AF Offutt AFB STRATCOM Replacement 150,000 120,000
Facility Incr 1.
Nevada
AF Nellis AFB Communications Network 11,600 11,600
Control Center.
AF Nellis AFB F-35 Add/Alter Engine Shop. 2,750 2,750
AF Nellis AFB F-35A AGE Facility......... 21,500 21,500
New Mexico
AF Cannon AFB Adal Wastewater Treatment 7,598 7,598
Plant.
AF Cannon AFB Dormitory (96 Rm).......... 15,000 15,000
AF Holloman AFB Child Development Center... 11,200 11,200
AF Holloman AFB F-16 Academic Facility..... 5,800 5,800
AF Holloman AFB F-16 SEAD Training Facility 4,200 4,200
AF Holloman AFB Parallel Taxiway 07/25..... 8,000 8,000
AF Kirtland AFB AFNWC Sustainment Center... 25,000 25,000
North Carolina
AF Pope AFB C-130 Flight Simulator..... 6,000 6,000
North Dakota
AF Minot AFB B-52 3-Bay Conventional 11,800 11,800
Munitions Maintenance.
AF Minot AFB B-52 Two-Bay Phase 34,000 34,000
Maintenance Dock.
AF Minot AFB Dormitory (168 Rm)......... 22,000 22,000
Qatar
AF AL Udeid Blatchford Preston Complex, 37,000 0
Phase IV.
Texas
AF Joint Base San Antonio Adv Indiv Training (AIT) 46,000 46,000
Barracks (300 Rm).
[[Page 125 STAT. 1803]]
AF Joint Base San Antonio BMT Recruit Dormitory 4, 64,000 64,000
Phase IV.
Utah
AF Hill AFB F-22 System Support 16,500 16,500
Facility.
AF Hill AFB F-35 Adal Hangar 45E/AMU... 6,800 0
Virginia
AF Joint Base Langley AIT Barracks Complex, Ph 2. 50,000 50,000
Eustis
Washington
AF Fairchild AFB SERE Force Support Ph 2.... 14,000 14,000
AF Fairchild AFB Wing Headquarters.......... 13,600 13,600
Worldwide Unspecified
AF Unspecified Worldwide Community Facilities....... 0 0
Locations
AF Unspecified Worldwide Community Facilities....... 0 0
Locations
AF Unspecified Worldwide Maintenance & Production 0 0
Locations Facilities.
AF Unspecified Worldwide Operational Facilities..... 0 0
Locations
AF Unspecified Worldwide Planning & Design.......... 81,913 52,913
Locations
AF Unspecified Worldwide Supporting Facilities...... 0 0
Locations
AF Unspecified Worldwide Unspecified Minor 20,000 20,000
Locations Construction.
.........................
Total Military Construction, Air Force 1,364,858 1,134,058
.......................
Alabama
Def-Wide Maxwell AFB Expand 800 Area Chiller 0 2,482
Loop, Gunter Annex.
Alabama
Def-Wide Redstone Arsenal Von Braun Complex Phase IV. 58,800 58,800
Alaska
Def-Wide Anchorage SOF Cold Weather Maritime 18,400 18,400
Training Facility.
Def-Wide Eielson AFB Upgrade Rail Line.......... 14,800 14,800
Arizona
Def-Wide Davis-Monthan AFB CNS Thermal Storage........ 0 4,650
Arizona
Def-Wide Davis-Monthan AFB Replace Hydrant Fuel System 23,000 23,000
Belgium
Def-Wide Brussels NATO Headquarters Facility. 24,118 0
California
Def-Wide Camp Pendleton SOF Military Working Dog 3,500 3,500
Facility.
Def-Wide Camp Pendleton SOF Range 130 Support 8,641 8,641
Projects.
Def-Wide Coronado SOF Support Activity 42,000 42,000
Operations Facility.
Def-Wide Defense Distribution Replace Public Safety 15,500 15,500
Depot-Tracy Center.
Def-Wide Point Loma Annex Replace Fuel Storage 27,000 27,000
Facilities Incr 4.
Def-Wide Presidio of Monterey 1 Mw Solar Grid............ 0 5,000
Def-Wide San Clemente Replace Fuel Storage Tanks 21,800 21,800
& Pipeline.
Def-Wide San Joaquin/Tracy Site 400 KW Solar PV System, 0 2,860
Building 58 Roof.
[[Page 125 STAT. 1804]]
Colorado
Def-Wide Buckley AFB Mountainview Operations 140,932 70,432
Facility, Incr 1.
Def-Wide Fort Carson Microgrid Expansion PEV Tie- 0 4,277
in (SPIDERS).
District of Columbia
Def-Wide Bolling AFB Cooling Tower Expansion.... 2,070 2,070
Def-Wide Bolling AFB DIAC Parking Garage........ 13,586 13,586
Def-Wide Bolling AFB Electrical Upgrades........ 1,080 1,080
Florida
Def-Wide Eglin AFB Medical Clinic............. 11,600 11,600
Def-Wide Eglin AFB SOF Company Operations 21,000 21,000
Facility (GSB).
Def-Wide Eglin AFB SOF Company Operations 19,000 19,000
Facility (GSTB).
Def-Wide Eglin Aux 9 SOF Enclosed Engine Noise 3,200 3,200
Suppressors.
Def-Wide Eglin Aux 9 SOF Simulator Facility..... 6,300 6,300
Def-Wide Macdill AFB SOF Acquisition Center 15,200 15,200
(Phase II).
Def-Wide Tyndall AFB Reclaimed Water Irrigation. 0 3,255
Def-Wide Whiting Field Truck Load/Unload Facility. 3,800 3,800
Georgia
Def-Wide Fort Benning Replace McBride Elementary 37,205 37,205
School.
Def-Wide Fort Gordon Whitelaw Wedge Building 11,340 17,705
Addition.
Def-Wide Fort Stewart Hospital Addition/ 72,300 72,300
Alteration Phase 2.
Def-Wide MCLB Albany LFG Generator.............. 0 3,504
Germany
Def-Wide Ansbach Ansbach Middle/High School 11,672 11,672
Addition.
Def-Wide Baumholder Replace Wetzel-Smith 59,419 59,419
Elementary Schools.
Def-Wide Grafenwoehr Netzaberg MS School 6,529 6,529
Addition.
Def-Wide Rhine Ordnance Barracks Medical Center Replacement 70,592 70,592
Incr 1.
Def-Wide Spangdalem AB Replace Bitburg Elementary 41,876 41,876
School.
Def-Wide Spangdalem AB Replace Bitburg Middle & 87,167 87,167
High School.
Def-Wide Stuttgart-Patch DISA Europe Facility 2,434 2,434
Barracks Upgrades.
Guam
Def-Wide Naval Base Guam 4 MW Wind Farm............. 0 17,377
Hawaii
Def-Wide Joint Base Pearl Harbor- Alter Warehouse Space...... 9,200 9,200
Hickam
Def-Wide Joint Base Pearl Harbor- Upgrade Refuler Truck 5,200 5,200
Hickam Parking Area.
Illinois
Def-Wide Great Lakes Health Clinic Demolition... 16,900 16,900
Italy
Def-Wide Naval Air Station 345 KW Solar PV............ 0 2,867
Naples
Italy
Def-Wide Vicenza Replace Vicenza High School 41,864 41,864
Japan
Def-Wide Yokota AB Replace Temp Classrm/Joan 12,236 12,236
K. Mendel ES.
Def-Wide Yokota AB Replace Yokota High School. 49,606 49,606
Kentucky
Def-Wide Fort Campbell Hospital Addition/ 56,600 56,600
Alteration.
Def-Wide Fort Campbell SOF MH47 Aviation Facility. 43,000 43,000
Def-Wide Fort Campbell SOF Rotary Wing Hangar..... 38,900 38,900
Def-Wide Fort Knox GSHO Well Field for HRC.... 0 2,750
Def-Wide Fort Knox Replace Kingsolver-Pierce 38,845 38,845
Elementary Schools.
Louisiana
Def-Wide Barksdale AFB Hydrant Fuel System........ 6,200 6,200
Marshall Islands
Def-Wide Kwajalein Atol 468KW Solar PV System...... 0 6,300
Maryland
Def-Wide Aberdeen Proving Ground USAMRICD Replacement, Inc 4 22,850 22,850
[[Page 125 STAT. 1805]]
Def-Wide Bethesda Naval Hospital Child Development Center 18,000 18,000
Addition/Alteration.
Def-Wide Fort Detrick USAMRIID Stage I, Inc 6.... 137,600 137,600
Def-Wide Fort Meade High Performance Computing 29,640 29,640
Capacity.
Def-Wide Joint Base Andrews Ambulatory Care Center, 242,900 154,300
Incr 1.
Def-Wide Joint Base Andrews Dental Clinic Replacement.. 22,800 22,800
Massachusetts
Def-Wide Hanscom AFB Repair Chiller Controls 0 3,609
B1201.
Def-Wide Hanscom AFB Replace Hanscom Middle 34,040 34,040
School.
Def-Wide Westover ARB Replace Hydrant Fuel System 23,300 23,300
Mississippi
Def-Wide Columbus AFB Replace Refueler Parking 2,600 2,600
Facility.
Def-Wide Gulfport Medical Clinic Replacement. 34,700 34,700
Missouri
Def-Wide Arnold Data Ctr West #1 Power & 9,253 9,253
Cooling Upgrade.
New Mexico
Def-Wide Cannon AFB SOF ADAL Simulator Facility 9,600 9,600
Def-Wide Cannon AFB SOF Aircraft Maintenance 15,000 15,000
Squadron Facility.
Def-Wide Cannon AFB SOF Apron and Taxiway...... 28,100 28,100
Def-Wide Cannon AFB SOF C-130 Squadron 10,941 10,941
Operations Facility.
Def-Wide Cannon AFB SOF C-130 Wash Rack Hangar. 10,856 10,856
Def-Wide Cannon AFB SOF Hangar Aircraft 41,200 41,200
Maintenance Unit.
Def-Wide Cannon AFB SOF Squadron Operations 17,300 17,300
Facility.
New York
Def-Wide Fort Drum Dental Clinic Addition/ 4,700 4,700
Alteration.
Def-Wide Fort Drum Medical Clinic............. 15,700 15,700
Def-Wide Fort Drum Retrocommission Various 0 3,500
Buildings.
North Carolina
Def-Wide Camp Lejeune SOF Armory Facility 6,670 6,670
Expansion.
Def-Wide Fort Bragg Historic District GSHP & 0 13,400
Retro Cx.
Def-Wide Fort Bragg Hospital Alteration........ 57,600 57,600
Def-Wide Fort Bragg Replace District 3,138 3,138
Superintendant's Office.
Def-Wide Fort Bragg SOF Administrative Annex... 12,000 12,000
Def-Wide Fort Bragg SOF Battalion Operations 23,478 23,478
Complex.
Def-Wide Fort Bragg SOF Battalion Operations 41,000 41,000
Facility.
Def-Wide Fort Bragg SOF Brigade Headquarters... 19,000 19,000
Def-Wide Fort Bragg SOF Communications Training 10,758 10,758
Complex.
Def-Wide Fort Bragg SOF Entry Control Point.... 2,300 2,300
Def-Wide Fort Bragg SOF Group Headquarters..... 26,000 26,000
Def-Wide Fort Bragg SOF Squadron HQ Addition... 11,000 11,000
Def-Wide Mcb Camp Lejeune Steam Decentralization of 0 6,925
Camp Geiger.
Def-Wide New River Replace Delalio Elementary 22,687 22,687
School.
Def-Wide Pope AFB SOF Training Facility...... 5,400 5,400
Ohio
Def-Wide Columbus Security Enhancements...... 10,000 10,000
Oklahoma
Def-Wide Altus Install VCEP for 22 0 5,700
Buildings.
Def-Wide Altus AFB Replace Fuel Transfer 8,200 8,200
Pipeline.
Pennsylvania
Def-Wide Def Distribution Depot Enclose Open-Sided Shed.... 3,000 0
New Cumberland
Def-Wide Def Distribution Depot Replace General Purpose 25,500 25,500
New Cumberland Warehouse.
Def-Wide Def Distribution Depot Upgrade Access Control 17,500 17,500
New Cumberland Points.
Def-Wide Philadelphia Upgrade HVAC System........ 8,000 8,000
South Carolina
Def-Wide Joint Base Charleston Replace Fuel Storage & 24,868 24,868
Distribution Facility.
[[Page 125 STAT. 1806]]
Tennessee
Def-Wide Arnold AFB Provide Temp. Control Cell 0 3,300
Cooling C1 & C2.
Texas
Def-Wide Fort Bliss Hospital Replacement Incr 3 136,700 86,700
Def-Wide Joint Base San Antonio Ambulatory Care Center 161,300 80,600
Phase 3.
Def-Wide Joint Base San Antonio Hospital Nutrition Care 33,000 33,000
Department Add/Alt.
United Kingdom
Def-Wide Menwith Hill Station MHS PSC Construction 68,601 68,601
Generator Plant.
Def-Wide Royal Air Force Replace Alconbury High 35,030 35,030
Alconbury School.
Utah
Def-Wide Camp Williams IC CNCI Data Center 1 Inc 3 246,401 166,401
Def-Wide Tooele Army Depot Install Stirling Solar 0 8,200
Array.
Virginia
Def-Wide Charlottesville Remote Delivery Facility... 10,805 10,805
Def-Wide Dahlgren Dahlgren E/MS School 1,988 1,988
Addition.
Def-Wide Dam Neck SOF Building Renovation.... 3,814 3,814
Def-Wide Dam Neck SOF Logistic Support 14,402 14,402
Facility.
Def-Wide Dam Neck SOF Military Working Dog 4,900 4,900
Facility.
Def-Wide Fort Belvoir Technology Center Third 54,625 54,625
Floor Fit-Out.
Def-Wide Joint Expeditionary SOF Seal Team Operations 37,000 37,000
Base Little Creek-- Facility.
Story
Def-Wide NRO/Aerospace Data 2 MW Bloom Box Fuel Cell... 0 2,000
Facility--East
Def-Wide Pentagon Heliport Control Tower/Fire 6,457 6,457
Station.
Def-Wide Pentagon Pentagon Memorial 2,285 2,285
Pedestrian Plaza.
Def-Wide Quantico Defense Access Road 4,000 4,000
Improvements-Telegraph Rd.
Def-Wide Quantico DSS Headquarters Addition.. 42,727 42,727
Washington
Def-Wide Joint Base Lewis Replace Fuel Distribution 14,000 14,000
Mcchord Facilities.
Def-Wide Joint Base Lewis SOF Company Operations 21,000 21,000
Mcchord Facility.
Def-Wide Whidbey Island Replace Fuel Pipeline...... 25,000 25,000
West Virginia
Def-Wide Camp Dawson Replace Hydrant Fuel System 2,200 2,200
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Defense Access Roads....... 0 0
Locations
Def-Wide Unspecified Worldwide Energy Conservation 135,000 0
Locations Investment Program.
Def-Wide Unspecified Worldwide Exercise Related 8,417 8,417
Locations Construction.
Def-Wide Unspecified Worldwide Minor Construction......... 6,100 6,100
Locations
Def-Wide Unspecified Worldwide Planning and Design 0 -55,000
Locations (General Reduction).
[[Page 125 STAT. 1807]]
Def-Wide Unspecified Worldwide Planning and Design........ 1,993 1,993
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 8,368 8,368
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 3,043 3,043
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 6,000 6,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 52,974 52,974
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 31,468 31,468
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 3,000 3,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 5,277 5,277
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 48,007 48,007
Locations
Def-Wide Unspecified Worldwide SOF Land Acquisition....... 0 0
Locations
Def-Wide Unspecified Worldwide Supporting Activities...... 0 0
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 8,876 8,876
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor Milcon... 6,365 0
Locations
Def-Wide Unspecified Worldwide Various ECIP............... 0 20,444
Locations
Def-Wide Various Worldwide Planning and Design........ 227,498 227,498
Locations
Def-Wide Various Worldwide Planning and Design........ 66,974 66,974
Locations
Def-Wide Various Worldwide Unspecified Minor 6,571 6,571
Locations Construction.
Wyoming
Def-Wide Fe Warren Decentralize Base Heat 0 12,600
Plant.
.........................
Total Military Construction, Defense-Wide 3,848,757 3,396,839
.......................
Colorado
Chem Demil Pueblo Depot Ammunition Demilitarization 15,338 15,338
Facility, Ph XIII.
Kentucky
Chem Demil Blue Grass Army Depot Ammunition Demilitarization 59,974 59,974
Ph XII.
.........................
Total Chemical Demilitarization Construction, Defense 75,312 75,312
.......................
Worldwide Unspecified
[[Page 125 STAT. 1808]]
NATO NATO Security NATO Security Investment 272,611 257,611
Investment Program Program.
.........................
Total NATO Security Investment Program 272,611 257,611
.......................
Alabama
Army NG Fort McClellan Readiness Center Ph2....... 16,500 16,500
Arizona
Army NG Papago Military Readiness Center........... 17,800 17,800
Reservation
Arkansas
Army NG Fort Chaffee Convoy Live Fire/Entry 3,500 3,500
Control Point Range.
California
Army NG Camp Roberts Tactical Unmanned Aircraft 6,160 6,160
System Facility.
Army NG Camp Roberts Utilities Replacement Ph1.. 32,000 32,000
Army NG Camp San Luis Obispo Field Maintenance Shop..... 8,000 8,000
Colorado
Army NG Alamosa Readiness Center........... 6,400 6,400
Army NG Aurora Tactical Unmanned Aircraft 3,600 3,600
System Facility.
Army NG Fort Carson Barracks Complex (ORTC).... 43,000 43,000
District of Columbia
Army NG Anacostia US Property & Fiscal Office 5,300 5,300
Add/Alt.
Florida
Army NG Camp Blanding Convoy Live Fire/Entry 2,400 2,400
Control Point Range.
Army NG Camp Blanding Live Fire Shoot House...... 3,100 3,100
Georgia
Army NG Atlanta Readiness Center........... 11,000 11,000
Army NG Hinesville Maneuver Area Training & 17,500 17,500
Equipment Site Ph1.
Army NG Macon Readiness Center Ph1....... 14,500 14,500
Hawaii
Army NG Kalaeloa Readiness Center Ph1....... 33,000 33,000
Illinois
Army NG Normal Readiness Center........... 10,000 10,000
Indiana
Army NG Camp Atterbury Deployment Processing 8,900 8,900
Facility.
Army NG Camp Atterbury Operations Readiness 27,000 27,000
Training Cmplx 2.
Army NG Camp Atterbury Operations Readiness 25,000 25,000
Training Complex 1.
Army NG Camp Atterbury Railhead Expansion & 21,000 21,000
Container Facility.
Army NG Indianapolis JFHQ Add/Alt............... 25,700 25,700
Maine
Army NG Bangor Readiness Center........... 15,600 15,600
Army NG Brunswick Armed Forces Reserve Center 23,000 23,000
Maryland
Army NG Dundalk Readiness Center Add/Alt... 16,000 16,000
Army NG LA Plata Readiness Center........... 9,000 9,000
Army NG Westminster Readiness Center Add/Alt... 10,400 10,400
Massachusetts
Army NG Natick Readiness Center........... 9,000 9,000
Minnesota
Army NG Camp Ripley Multipurpose Machine Gun 8,400 8,400
Range.
Mississippi
Army NG Camp Shelby Deployment Processing 12,600 12,600
Facility.
Army NG Camp Shelby Operational Readiness 27,000 27,000
Training Cmplx Ph1.
Army NG Camp Shelby Troop Housing (ORTC) Ph1... 25,000 25,000
Nebraska
Army NG Grand Island Readiness Center........... 22,000 22,000
Army NG Mead Readiness Center........... 9,100 9,100
Nevada
[[Page 125 STAT. 1809]]
Army NG Las Vegas Field Maintenance Shop..... 23,000 23,000
New Jersey
Army NG Lakehurst Army Aviation Suport 49,000 49,000
Facility.
New Mexico
Army NG Santa Fe Readiness Center Add/Alt... 5,200 5,200
North Carolina
Army NG Greensboro Readiness Center Add/Alt... 3,700 3,700
Oklahoma
Army NG Camp Gruber Live Fire Shoot House...... 3,000 3,000
Army NG Camp Gruber Upgrade-Combined Arms 10,361 10,361
Collective Training Fac.
Oregon
Army NG the Dalles Readiness Center........... 13,800 13,800
Puerto Rico
Army NG Fort Buchanan Readiness Center........... 57,000 57,000
South Carolina
Army NG Allendale Readiness Center Add/Alt... 4,300 4,300
Utah
Army NG Camp Williams Multi Purpose Machine Gun 6,500 6,500
Range.
Virginia
Army NG Fort Pickett Combined Arms Collective 11,000 11,000
Training Facility.
West Virginia
Army NG Buckhannon Readiness Center Ph1....... 10,000 10,000
Wisconsin
Army NG Camp Williams Tactical Unmanned Aircraft 7,000 7,000
System Facility.
Worldwide Unspecified
Army NG Unspecified Worldwide Maintenance & Production 0 0
Locations Facilities.
Army NG Unspecified Worldwide Maintenance & Production 0 0
Locations Facilities.
Army NG Unspecified Worldwide Operational Facilities..... 0 0
Locations
Army NG Unspecified Worldwide Planning and Design........ 20,671 20,671
Locations
Army NG Unspecified Worldwide Training Facilities........ 0 0
Locations
Army NG Unspecified Worldwide Unspecified Construction... 0 0
Locations
Army NG Unspecified Worldwide Unspecified Minor 11,700 11,700
Locations Construction.
Wyoming
Army NG Cheyenne Readiness Center........... 8,900 8,900
.........................
Total Military Construction, Army National Guard 773,592 773,592
.......................
California
Army Res Fort Hunter Liggett Automated Multipurpose 5,200 5,200
Machine Gun (MPMG).
Colorado
Army Res Fort Collins Army Reserve Center........ 13,600 13,600
Illinois
Army Res Homewood Army Reserve Center........ 16,000 16,000
Army Res Rockford Army Reserve Center/Land... 12,800 12,800
Indiana
Army Res Fort Benjamin Harrison Army Reserve Center........ 57,000 57,000
Kansas
[[Page 125 STAT. 1810]]
Army Res Kansas City Army Reserve Center/Land... 13,000 13,000
Massachusetts
Army Res Attleboro Army Reserve Center/Land... 22,000 22,000
Minnesota
Army Res Saint Joseph Army Reserve Center........ 11,800 11,800
Missouri
Army Res Weldon Springs Army Reserve Center........ 19,000 19,000
New York
Army Res Schenectady Army Reserve Center........ 20,000 20,000
North Carolina
Army Res Greensboro Army Reserve Center/Land... 19,000 19,000
South Carolina
Army Res Orangeburg Army Reserve Center/Land... 12,000 12,000
Wisconsin
Army Res Fort McCoy Automated Record Fire Range 4,600 4,600
Army Res Fort McCoy Container Loading Facility. 5,300 5,300
Army Res Fort McCoy Modified Record Fire Known 5,400 5,400
Distance Range.
Army Res Fort McCoy NCOA Phase III--Billeting.. 12,000 12,000
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 28,924 28,924
Locations
Army Res Unspecified Worldwide Unspecified Minor 2,925 2,925
Locations Construction.
.........................
Total Military Construction, Army Reserve 280,549 280,549
.......................
Pennsylvania
N/MC Res Pittsburgh Armed Forces Reserve Center 13,759 13,759
(Pittsburgh).
Tennessee
N/MC Res Memphis Reserve Training Center.... 7,949 7,949
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Unspecified Minor 2,000 2,000
Locations Construction.
N/MC Res Unspecified Worldwide Planning and Design........ 2,591 2,591
Locations
.........................
Total Military Construction, Naval Reserve 26,299 26,299
.......................
California
Air NG Beale AFB Wing Operations and 6,100 6,100
Training Facility.
Air NG Moffett Field Replace Pararescue Training 26,000 26,000
Facility.
Hawaii
Air NG Joint Base Pearl Harbor- TFI--F-22 Combat Aircraft 12,721 12,721
Hickam Parking Apron.
Air NG Joint Base Pearl Harbor- TFI--F-22 Flight Simulator 19,800 19,800
Hickam Facility.
Air NG Joint Base Pearl Harbor- TFI--F-22 Weapons Load Crew 7,000 7,000
Hickam Training Facilit.
Indiana
Air NG Fort Wayne IAP A-10 Facility Conversion-- 4,000 4,000
Munitions.
Maryland
Air NG Martin State Airport TFI--C-27 Conversion - 4,900 4,900
Squadron Operations.
Massachusetts
Air NG Otis ANGB TFI--CNAF Beddown - Upgrade 7,800 7,800
Facility.
Ohio
Air NG Springfield Beckley-Map Alter Predator Operations 6,700 6,700
Center.
[[Page 125 STAT. 1811]]
Worldwide Unspecified
Air NG Unspecified Worldwide Maintenance & Production 0 0
Locations Facilities.
Air NG Unspecified Worldwide Operational Facilities..... 0 0
Locations
Air NG Various Worldwide Minor Construction......... 9,000 9,000
Locations
Air NG Various Worldwide Planning and Design........ 12,225 12,225
Locations
.........................
Total Military Construction, Air National Guard 116,246 116,246
.......................
California
AF Res March AFB Airfield Control Tower/Base 16,393 16,393
Ops.
South Carolina
AF Res Charleston AFB TFI Red Horse Readiness & 9,593 9,593
Trng Center.
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design.......... 2,200 2,200
Locations
AF Res Unspecified Worldwide Training Facilities........ 0 0
Locations
AF Res Unspecified Worldwide Unspecified Minor 5,434 5,434
Locations Construction.
.........................
Total Military Construction, Air Force Reserve 33,620 33,620
.......................
Belgium
FH Con Army Brussels Land Purchase for Gfoq (10 10,000 0
Units).
Germany
FH Con Army Grafenwoehr Family Housing New 13,000 13,000
Construction (26 Units).
FH Con Army Illesheim Family Housing Replacement 41,000 41,000
Construc(80 Units).
FH Con Army Vilseck Family Housing New 12,000 12,000
Construction (22 Units).
Worldwide Unspecified
FH Con Army Unspecified Worldwide Construction Improvements 103,000 103,000
Locations (276 Units).
FH Con Army Unspecified Worldwide Family Housing P&D......... 7,897 7,897
Locations
.........................
Total Family Housing Construction, Army 186,897 176,897
.......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings Account........ 14,256 14,256
Locations
FH Ops Army Unspecified Worldwide Leasing.................... 204,426 204,426
Locations
FH Ops Army Unspecified Worldwide Maintenance of Real 105,668 105,668
Locations Property.
FH Ops Army Unspecified Worldwide Management Account......... 54,728 54,728
Locations
[[Page 125 STAT. 1812]]
FH Ops Army Unspecified Worldwide Miscellaneous Account...... 605 605
Locations
FH Ops Army Unspecified Worldwide Privatization Support Costs 25,741 25,741
Locations
FH Ops Army Unspecified Worldwide Services Account........... 15,797 15,797
Locations
FH Ops Army Unspecified Worldwide Utilities Account.......... 73,637 73,637
Locations
.........................
Total Family Housing Operation And Maintenance, Army 494,858 494,858
.......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Classified Improvements.... 50 50
Locations
FH Con AF Unspecified Worldwide Construction Improvements.. 80,546 80,546
Locations
FH Con AF Unspecified Worldwide Planning and Design........ 4,208 4,208
Locations
.........................
Total Family Housing Construction, Air Force 84,804 84,804
.......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings Account........ 35,290 35,290
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 47,571 47,571
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 80,775 80,775
Locations
FH Ops AF Unspecified Worldwide Leasing Account............ 122 122
Locations
FH Ops AF Unspecified Worldwide Maintenance (RPMA & RPMC).. 98,132 98,132
Locations
FH Ops AF Unspecified Worldwide Maintenance Account........ 2,001 2,001
Locations
FH Ops AF Unspecified Worldwide Management Account......... 55,395 55,395
Locations
FH Ops AF Unspecified Worldwide Management Account......... 1,996 1,996
Locations
FH Ops AF Unspecified Worldwide Miscellaneous Account...... 2,165 2,165
Locations
FH Ops AF Unspecified Worldwide Services Account........... 13,675 13,675
Locations
FH Ops AF Unspecified Worldwide Utilities Account.......... 67,639 67,639
Locations
.........................
Total Family Housing Operation And Maintenance, Air Force 404,761 404,761
.......................
[[Page 125 STAT. 1813]]
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Design..................... 3,199 3,199
Locations
FH Con Navy Unspecified Worldwide Improvements............... 97,773 97,773
Locations
.........................
Total Family Housing Construction, Navy And Marine Corps 100,972 100,972
.......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings Account........ 15,979 15,979
Locations
FH Ops Navy Unspecified Worldwide Leasing.................... 79,798 79,798
Locations
FH Ops Navy Unspecified Worldwide Maintenance of Real 97,231 97,231
Locations Property.
FH Ops Navy Unspecified Worldwide Management Account......... 61,090 61,090
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous Account...... 476 476
Locations
FH Ops Navy Unspecified Worldwide Privatization Support Costs 28,582 28,582
Locations
FH Ops Navy Unspecified Worldwide Services Account........... 14,510 14,510
Locations
FH Ops Navy Unspecified Worldwide Utilities Account.......... 70,197 70,197
Locations
.........................
Total Family Housing Operation And Maintenance, Navy And Marine Corps 367,863 367,863
.......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings Account........ 70 70
Locations
FH Ops DW Unspecified Worldwide Furnishings Account........ 19 19
Locations
FH Ops DW Unspecified Worldwide Furnishings Account........ 2,699 2,699
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 10,100 10,100
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 36,552 36,552
Locations
FH Ops DW Unspecified Worldwide Maintenance of Real 70 70
Locations Property.
FH Ops DW Unspecified Worldwide Maintenance of Real 546 546
Locations Property.
FH Ops DW Unspecified Worldwide Management Account......... 347 347
Locations
[[Page 125 STAT. 1814]]
FH Ops DW Unspecified Worldwide Services Account........... 30 30
Locations
FH Ops DW Unspecified Worldwide Utilities Account.......... 280 280
Locations
FH Ops DW Unspecified Worldwide Utilities Account.......... 10 10
Locations
.........................
Total Family Housing Operation And Maintenance, Defense-Wide 50,723 50,723
.......................
Worldwide Unspecified
HOAP Unspecified Worldwide Homeowers Assistance 1,284 1,284
Locations Program.
.........................
Total Homeowners Assistance Fund 1,284 1,284
.......................
Worldwide Unspecified
FHIF Unspecified Worldwide Family Housing Improvement 2,184 2,184
Locations Fund.
.........................
Total DOD Family Housing Improvement Fund 2,184 2,184
.......................
Worldwide Unspecified
BRAC 05 Unspecified Worldwide COMM ADD 3: Galena Fol, AK. 933 0
Locations
BRAC 05 Unspecified Worldwide DON-100: Planing, Design 6,090 0
Locations and Management.
BRAC 05 Unspecified Worldwide DON-101: Various Locations. 5,021 0
Locations
BRAC 05 Unspecified Worldwide DON-126: NSCS, Athens, GA.. 325 0
Locations
BRAC 05 Unspecified Worldwide DON-138: NAS Brunswick, ME. 421 0
Locations
BRAC 05 Unspecified Worldwide DON-157: MCSA Kansas City, 1,442 0
Locations MO.
BRAC 05 Unspecified Worldwide DON-158: NSA New Orleans, 2,056 0
Locations LA.
BRAC 05 Unspecified Worldwide DON-172: NWS Seal Beach, 9,763 0
Locations Concord, CA.
BRAC 05 Unspecified Worldwide DON-2: NS Pascagoula, MS... 515 0
Locations
BRAC 05 Unspecified Worldwide DON-84: JRB Willow Grove & 196 0
Locations Cambria Reg Ap.
BRAC 05 Unspecified Worldwide IND-106: Kansas Army 45,769 0
Locations Ammunition Plant, KS.
BRAC 05 Unspecified Worldwide IND-110: Mississippi Army 122 0
Locations Ammo Plant, MS.
[[Page 125 STAT. 1815]]
BRAC 05 Unspecified Worldwide IND-112: River Bank Army 320 0
Locations Ammo Plant, CA.
BRAC 05 Unspecified Worldwide IND-117: Deseret Chemical 34,011 0
Locations Depot, UT.
BRAC 05 Unspecified Worldwide IND-119: Newport Chemical 467 0
Locations Depot, IN.
BRAC 05 Unspecified Worldwide IND-120: Umatilla Chemical 9,092 0
Locations Depot, OR.
BRAC 05 Unspecified Worldwide IND-122: Lone Star Army 19,367 0
Locations Ammo Plant, TX.
BRAC 05 Unspecified Worldwide INT-4: NGA Activities...... 1,791 0
Locations
BRAC 05 Unspecified Worldwide MED-2: Walter Reed NMMC, 18,586 0
Locations Bethesda, MD.
BRAC 05 Unspecified Worldwide MED-57: Brooks City Base, 205 0
Locations TX.
BRAC 05 Unspecified Worldwide Program Management Various 828 0
Locations Locations.
BRAC 05 Unspecified Worldwide Program Management Various 32,298 0
Locations Locations.
BRAC 05 Unspecified Worldwide USA-113: Fort Monroe, VA... 23,601 0
Locations
BRAC 05 Unspecified Worldwide USA-121: Fort Gillem, GA... 8,903 0
Locations
BRAC 05 Unspecified Worldwide USA-131: USAR Command and 250 0
Locations Control--SE.
BRAC 05 Unspecified Worldwide USA-166: USAR Command and 1,000 0
Locations Control--NW.
BRAC 05 Unspecified Worldwide USA-167: USAR Command and 250 0
Locations Control--NE.
BRAC 05 Unspecified Worldwide USA-168: USAR Command and 250 0
Locations Control--SW.
BRAC 05 Unspecified Worldwide USA-222: Fort Mcpherson, GA 9,921 0
Locations
BRAC 05 Unspecified Worldwide USA-223: Fort Monmouth, NJ. 21,908 0
Locations
BRAC 05 Unspecified Worldwide USA-242: RC Transformation 259 0
Locations in NY.
BRAC 05 Unspecified Worldwide USA-36: Red River Army 1,207 0
Locations Depot.
BRAC 05 Unspecified Worldwide USA-63: U.S. Army Garrison 1,609 0
Locations (Selfridge).
.........................
Total Base Realignment and Closure Account 2005 258,776 0
.......................
[[Page 125 STAT. 1816]]
Worldwide Unspecified
BRAC IV Base Realignment & Base Realignment & Closure. 0 0
Closure
BRAC IV Base Realignment & Base Realignment & Closure. 123,476 123,476
Closure, Air Force
BRAC IV Base Realignment & Base Realignment & Closure. 70,716 70,716
Closure, Army
BRAC IV Base Realignment & Base Realignment & Closure. 129,351 129,351
Closure, Navy
.........................
Total Base Realignment and Closure Account 1990 323,543 323,543
.......................
Unspecified
PYS Unspecified Worldwide Prior Year Savings-Air 0 -32,000
Locations Force.
PYS Unspecified Worldwide Prior Year Savings-Defense- 0 -131,400
Locations Wide.
PYS Unspecified Worldwide Prior Year Savings-Navy.... 0 -25,000
Locations
PYS Unspecified Worldwide Prior Year Savings-Army.... 0 -100,000
Locations
.........................
Total Prior Year Savings 0 -288,400
.......................
Total Division B 14,766,047 13,069,438
.......................
.......................
.......................
.......................
Grand Total ....................... 14,766,047 13,069,438
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2012 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
ENERGY SECURITY AND ASSURANCE........ 6,187 0
Atomic Energy Defense Activities
National nuclear security
administration:
WEAPONS ACTIVITIES................... 7,629,716 7,274,329
DEFENSE NUCLEAR NONPROLIFERATION..... 2,549,492 2,333,303
NAVAL REACTORS....................... 1,153,662 1,080,000
OFFICE OF THE ADMINISTRATOR.......... 450,060 382,700
Total, National nuclear security 11,782,930 11,070,332
administration........................
[[Page 125 STAT. 1817]]
Environmental and other defense
activities:
DEFENSE ENVIRONMENTAL CLEANUP........ 5,406,781 5,023,000
OTHER DEFENSE ACTIVITIES............. 859,952 823,364
DEFENSE NUCLEAR WASTE DISPOSAL....... 0 0
Total, Environmental & other defense 6,266,733 5,846,364
activities............................
Total, Atomic Energy Defense Activities.. 18,049,663 16,916,696
Total, Discretionary Funding................. 18,055,850 16,916,696
Electricity Delivery & Energy Reliability
Infrastructure security & energy 6,187 0
restoration.............................
Weapons Activities
Directed stockpile work
Life extension programs
B61 Life extension program............. 223,562 223,562
W76 Life extension program............. 257,035 257,035
Total, Life extension programs........... 480,597 480,597
Stockpile systems
B61 Stockpile systems.................. 72,396 72,396
W76 Stockpile systems.................. 63,383 63,383
W78 Stockpile systems.................. 109,518 99,518
W80 Stockpile systems.................. 44,444 44,444
B83 Stockpile systems.................. 48,215 48,215
W87 Stockpile systems.................. 83,943 83,943
W88 Stockpile systems.................. 75,728 75,728
Total, Stockpile systems................. 497,627 487,627
Weapons dismantlement and disposition
Operations and maintenance............. 56,770 56,770
Total, Weapons dismantlement and 56,770 56,770
disposition.............................
Stockpile services
Production support..................... 354,502 330,000
Research and development support....... 30,264 30,264
R&D certification and safety........... 190,892 165,569
Management, technology, and production. 198,700 188,700
Plutonium sustainment.................. 154,231 140,000
Total, Stockpile services................ 928,589 854,533
Total, Directed stockpile work............. 1,963,583 1,879,527
Campaigns:
Science campaign
Advanced certification................. 94,929 40,000
Primary assessment technologies........ 86,055 86,055
Dynamic materials properties........... 111,836 96,984
Advanced radiography................... 27,058 26,000
Secondary assessment technologies...... 86,061 85,000
Total, Science campaign.................. 405,939 334,039
Engineering campaign
Enhanced surety........................ 41,696 41,696
Weapon systems engineering assessment 15,663 15,663
technology............................
Nuclear survivability.................. 19,545 19,545
Enhanced surveillance.................. 66,174 66,174
Total, Engineering campaign.............. 143,078 143,078
Inertial confinement fusion ignition and
high yield campaign
[[Page 125 STAT. 1818]]
Ignition............................... 109,888 109,888
Diagnostics, cryogenics and 86,259 86,259
experimental support..................
Pulsed power inertial confinement 4,997 4,997
fusion................................
Joint program in high energy density 9,100 9,100
laboratory plasmas....................
Facility operations and target 266,030 266,030
production............................
Total, Inertial confinement fusion and 476,274 476,274
high yield campaign.....................
Advanced simulation and computing 628,945 620,000
campaign................................
Readiness Campaign
Nonnuclear readiness................... 65,000 65,000
Tritium readiness...................... 77,491 63,591
Total, Readiness campaign................ 142,491 128,591
Total, Campaigns........................... 1,796,727 1,701,982
Readiness in technical base and facilities
(RTBF)
Operations of facilities
Kansas City Plant...................... 156,217 156,217
Lawrence Livermore National Laboratory. 83,990 83,990
Los Alamos National Laboratory......... 318,526 318,526
Nevada Test Site....................... 97,559 97,559
Pantex................................. 164,848 164,848
Sandia National Laboratory............. 120,708 120,708
Savannah River Site.................... 97,767 97,767
Y-12 National security complex......... 246,001 246,001
Institutional site support............. 199,638 0
Total, Operations of facilities.......... 1,485,254 1,285,616
Program readiness........................ 74,180 74,180
Material recycle and recovery............ 85,939 78,000
Containers............................... 28,979 28,979
Storage.................................. 31,272 31,272
Subtotal, Readiness in technical base and 1,705,624 1,498,047
facilities................................
Construction:
12-D-301 TRU waste facilities, LANL.... 9,881 9,881
11-D-801 TA-55 Reinvestment project, 19,402 10,000
LANL..................................
10-D-501 Nuclear facilities risk 35,387 35,387
reduction Y-12 National security
complex, Oakridge, TN.................
09-D-404 Test capabilities 25,168 25,168
revitalization II, Sandia National
Laboratories, Albuquerque, NM.........
08-D-802 High explosive pressing 66,960 66,960
facility Pantex Plant, Amerillo, TX...
07-D-140 Project engineering and design 3,518 3,518
(PED) various locations...............
06-D-141 Project engineering & design 160,194 160,194
(PED) Y-12 National Security Complex,
Oakridge, TN..........................
04-D-125 Chemistry and metallurgy 300,000 200,000
facility replacement project, Los
Alamos National Laboratory, Los
Alamos, NM............................
Total, Construction...................... 620,510 511,108
Total, Readiness in technical base and 2,326,134 2,009,155
facilities................................
Secure transportation asset
Operations and equipment................. 149,274 145,274
Program direction........................ 101,998 98,002
Total, Secure transportation asset......... 251,272 243,276
Nuclear counterterrorism incident response. 222,147 222,147
[[Page 125 STAT. 1819]]
Facilities and infrastructure
recapitalization program
Operations and maintenance............... 96,380 96,380
Total, Facilities and infrastructure 96,380 96,380
recapitalization program..................
Site stewardship
Operations and maintenance............... 104,002 78,680
Total, Site stewardship.................... 104,002 78,680
Safeguards and security
Defense nuclear security
Operations and maintenance............. 711,105 686,252
Construction:
08-D-701 Nuclear materials S&S 11,752 11,752
upgrade project Los Alamos National
Laboratory..........................
Total, Construction.................... 11,752 11,752
Total, Defense nuclear security.......... 722,857 698,004
Cyber security........................... 126,614 126,614
Total, Safeguards and security............. 849,471 824,618
National security applications............. 20,000 10,000
Subtotal, Weapons activities................. 7,629,716 7,065,765
Legacy Contractor Pensions................. 0 168,232
Recission.................................. 40,332
Adjustments
Use of prior year balances............... 0 0
Total, Weapons Activities.................... 7,629,716 7,274,329
Defense Nuclear Nonproliferation
Nonproliferation and verification R&D
Operations and maintenance............... 417,598 356,150
Total, Operations and maintenance........ 417,598 356,150
Total, Nonproliferation & verification R&D. 417,598 356,150
Nonproliferation and international security 161,833 155,305
International nuclear materials protection 571,639 571,639
and cooperation...........................
Fissile materials disposition
U.S. surplus fissile materials
disposition
Operations and maintenance
U.S. plutonium disposition........... 274,790 205,632
U.S. uranium disposition............. 26,435 26,000
Total, Operations and maintenance...... 301,225 231,632
Construction:
99-D-143 Mixed oxide fuel fabrication 385,172 435,172
facility, Savannah River, SC........
99-D-141-01 Pit disassembly and 176,000 0
conversion facility, Savannah River,
SC..................................
99-D-141-02 Waste Solidification 17,582 17,582
Building, Savannah River, SC........
Total, Construction.................... 578,754 452,754
Total, U.S. surplus fissile materials 879,979 684,386
disposition.............................
Russian surplus materials disposition.... 10,174 1,000
Total, Fissile materials disposition....... 890,153 685,386
[[Page 125 STAT. 1820]]
Global threat reduction initiative......... 508,269 500,000
Legacy contractor pensions................. 0 55,823
Recission.................................. 9,000
Total, Defense Nuclear Nonproliferation...... 2,549,492 2,333,303
Naval Reactors
Naval reactors development
OHIO replacement reactor systems 0 121,300
development...............................
S8G Prototype refueling.................... 0 99,500
Naval reactors operations and 0 358,300
infrastructure............................
Operation and maintenance
Operation and maintenance.............. 1,069,262 421,000
Total, Operation and maintenance......... 1,069,262 1,000,100
Construction:
10-D-903, Security upgrades, KAPL...... 100 100
10-D-904, NRF infrastructure upgrades, 12,000 12,000
Idaho.................................
08-D-190 Expended Core Facility M-290 27,800 27,800
recovering discharge station, Naval
Reactor Facility, ID..................
Total, Construction...................... 39,900 39,900
Total, Naval reactors development.......... 1,109,162 460,900
Program direction.......................... 44,500 40,000
Total, Naval Reactors........................ 1,153,662 1,080,000
Office Of The Administrator
Office of the administrator................ 450,060 410,000
Floor amendment
Congressionally directed projects.......... 0 0
Subtotal, Office of the Administrator........ 450,060 410,000
General Provision
Section 309-Contractor Pay Freeze.......... 0 -27,300
Security
Adjustments:
Use of prior year balances............... 0 0
Subtotal, Office of the Administrator........ 450,060 382,700
Transfer of prior year balances (OMB 0 0
scoring)................................
Total, Office Of The Administrator........... 450,060 382,700
Defense Environmental Cleanup
Closure sites:
Closure sites administration............. 5,375 5,375
Total, Closure sites....................... 5,375 5,375
Hanford site:
Central plateau remediation.............. 0 546,890
River corridor and other cleanup 0 386,822
operations..............................
Nuclear facility D&D--remainder of 56,288
Hanford.................................
Nuclear facility D&D river corridor 330,534
closure project.........................
Richland community and regulatory support 0 19,540
Nuclear material stabilization and 48,458
disposition PFP.........................
SNF stabilization and disposition........ 112,250
Soil and water remediation--groundwater 222,285
vadose zone.............................
Solid waste stabilization and disposition 143,897
200 area................................
Total, Hanford site........................ 913,712 953,252
Idaho National Laboratory:
[[Page 125 STAT. 1821]]
Idaho cleanup and waste disposition...... 0 382,769
SNF stabilization and disposition--2012.. 20,114
Solid waste stabilization and disposition 165,035
Radioactive liquid tank waste 110,169
stabilization and disposition...........
Soil and water remediation--2012......... 87,451
Idaho community and regulatory support... 0 4,100
Total, Idaho National Laboratory........... 382,769 386,869
NNSA sites
NNSA sites and Nevada off-sites.......... 0 282,393
Lawrence Livermore National Laboratory... 873
Nuclear facility D & D Separations 1,500
Process Research Unit...................
Nevada................................... 63,380
Los Alamos National Laboratory........... 357,939
Sandia National Laboratory
Total, NNSA sites and Nevada off-sites..... 423,692 282,393
Oak Ridge Reservation:
Building 3019............................ 0 37,000
OR nuclear facility D&D.................. 0 69,100
Nuclear facility D & D ORNL.............. 44,000
Nuclear facility D & D Y-12.............. 30,000
Nuclear facility D & D, E. Tennessee 100
technology park.........................
OR cleanup and disposition............... 0 87,000
OR reservation community and regulatory 3,000
support Soil and water remediation--
offsites................................
OR reservation community and regulatory 0 6,409
support Soil and water remediation--
offsites................................
Solid waste stabilization and 99,000
disposition--2012.......................
Total, Oak Ridge Reservation............... 176,100 199,509
Office of River Protection:
Waste treatment and immobilization plant
Waste treatment & immobilization plant 363,000 430,000
01-D-16 A-D...........................
Waste treatment & immobilization plant 477,000 310,000
01-D-16 E.............................
Total, Waste treatment and immobilization 840,000 740,000
plant...................................
Tank farm activities
Rad liquid tank waste stabilization and 521,391 445,000
disposition...........................
Total, Tank farm activities.............. 521,391 445,000
Total, Office of River protection.......... 1,361,391 1,185,000
Savannah River site:
Savannah River community and regulatory 0 9,584
support.................................
Nuclear material stabilization and 235,000
disposition.............................
Radioactive liquid tank waste 710,487 667,081
stabilization and disposition...........
SR site risk management operations....... 0 343,586
PE&D Glass Waste Storage Building #3..... 0 3,500
05-D-405 Salt waste processing facility, 170,071 170,071
Savannah River..........................
Soil and water remediation............... 38,409
SNF stabilization and disposition........ 40,137
Solid waste stabilization and disposition 30,040
Total, Savannah River site................. 1,224,144 1,193,822
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant................ 0 215,134
[[Page 125 STAT. 1822]]
Waste isolation pilot plant.............. 147,136
Central characterization project......... 23,975
Transportation........................... 29,044
Community and regulatory support......... 28,771
Total, Waste Isolation Pilot Plant......... 228,926 215,134
Program direction.......................... 321,628 321,628
Program Support............................ 0 20,380
Community, regulatory and program support.. 91,279
Safeguards and Security:
Oak Ridge Reservation.................... 17,300 17,300
Paducah.................................. 9,435 9,435
Portsmouth............................... 16,412 16,412
Richland/Hanford Site.................... 69,234 69,234
Savannah River Site...................... 130,000 133,193
Waste Isolation Pilot Project............ 4,845 4,845
West Valley.............................. 1,600 1,600
Total, Safeguards and Security............. 248,826 252,019
Technology development..................... 32,320 11,000
Subtotal, Defense environmental cleanup...... 5,410,162 5,026,381
Use of prior year balances................. -3,381 -3,381
Total, Defense Environmental Cleanup......... 5,406,781 5,023,000
Other Defense Activities
Health, safety and security
Health, safety and security.............. 349,445 335,436
Program direction........................ 107,037 102,000
Total, Health, safety and security......... 456,482 437,436
Office of Legacy Management
Legacy management........................ 157,514 157,514
Program direction........................ 12,586 12,086
Total, Office of Legacy Management......... 170,100 169,600
Defense-related activities
Infrastructure
Idaho sitewide safeguards and security. 98,500 93,350
Total, Defense-related activities.......... 98,500 93,350
Defense related administrative support..... 118,836 118,836
Acquisitions workforce improvement......... 11,892 0
Office of hearings and appeals............. 4,142 4,142
Total, Other Defense Activities.............. 859,952 823,364
------------------------------------------------------------------------
DIVISION E--SBIR <<NOTE: SBIR/STTR Reauthorization Act of 2011.>> AND
STTR REAUTHORIZATION
TITLE L--SHORT TITLE; DEFINITIONS
SEC. 5001. <<NOTE: 15 USC 631 note.>> SHORT TITLE.
This division may be cited as the ``SBIR/STTR Reauthorization Act of
2011''.
[[Page 125 STAT. 1823]]
SEC. 5002. <<NOTE: 15 USC 638b note.>> DEFINITIONS.
In this division--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator thereof,
respectively;
(2) the terms ``extramural budget'', ``Federal agency'',
``Small Business Innovation Research Program'', ``SBIR'',
``Small Business Technology Transfer Program'', and ``STTR''
have the meanings given such terms in section 9 of the Small
Business Act (15 U.S.C. 638); and
(3) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
TITLE LI--SBIR AND STTR REAUTHORIZATION
Subtitle A--Reauthorization of the SBIR and STTR Programs
Sec. 5101. Extension of termination dates.
Sec. 5102. SBIR and STTR allocation increase.
Sec. 5103. SBIR and STTR award levels.
Sec. 5104. Agency and program flexibility.
Sec. 5105. Elimination of Phase II invitations.
Sec. 5106. Pilot to allow phase flexibility.
Sec. 5107. Participation by firms with substantial investment from
multiple venture capital operating companies, hedge funds, or
private equity firms in a portion of the SBIR program.
Sec. 5108. SBIR and STTR special acquisition preference.
Sec. 5109. Collaborating with Federal laboratories and research and
development centers.
Sec. 5110. Notice requirement.
Sec. 5111. Additional SBIR and STTR awards.
Subtitle B--Outreach and Commercialization Initiatives
Sec. 5121. Technical assistance for awardees.
Sec. 5122. Commercialization Readiness Program at Department of Defense.
Sec. 5123. Commercialization Readiness Pilot Program for civilian
agencies.
Sec. 5124. Interagency Policy Committee.
Sec. 5125. Clarifying the definition of ``Phase III''.
Sec. 5126. Shortened period for final decisions on proposals and
applications.
Sec. 5127. Phase 0 Proof of Concept Partnership pilot program.
Subtitle C--Oversight and Evaluation
Sec. 5131. Streamlining annual evaluation requirements.
Sec. 5132. Data collection from agencies for SBIR.
Sec. 5133. Data collection from agencies for STTR.
Sec. 5134. Public database.
Sec. 5135. Government database.
Sec. 5136. Accuracy in funding base calculations.
Sec. 5137. Continued evaluation by the National Academy of Sciences.
Sec. 5138. Technology insertion reporting requirements.
Sec. 5139. Intellectual property protections.
Sec. 5140. Obtaining consent from SBIR and STTR applicants to release
contact information to economic development organizations.
Sec. 5141. Pilot to allow funding for administrative, oversight, and
contract processing costs.
Sec. 5142. GAO study with respect to venture capital operating company,
hedge fund, and private equity firm involvement.
Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud,
waste, and abuse.
Sec. 5144. Simplified paperwork requirements.
Subtitle D--Policy Directives
Sec. 5151. Conforming amendments to the SBIR and the STTR Policy
Directives.
[[Page 125 STAT. 1824]]
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.
Subtitle A--Reauthorization of the SBIR and STTR Programs
SEC. 5101. EXTENSION OF TERMINATION DATES.
(a) SBIR.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m))
is amended by striking ``2011'' and inserting ``2017''.
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C.
638(n)(1)(A)) is amended by striking ``2011'' and inserting ``2017''.
SEC. 5102. SBIR AND STTR ALLOCATION INCREASE.
(a) SBIR.--Section 9(f) of the Small Business Act (15 U.S.C. 638(f))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Each'' and inserting ``Except as provided in
paragraph (2)(B), each'';
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) not less than 2.5 percent of such budget in
each of fiscal years 1997 through 2011;
``(D) not less than 2.6 percent of such budget in
fiscal year 2012;
``(E) not less than 2.7 percent of such budget in
fiscal year 2013;
``(F) not less than 2.8 percent of such budget in
fiscal year 2014;
``(G) not less than 2.9 percent of such budget in
fiscal year 2015;
``(H) not less than 3.0 percent of such budget in
fiscal year 2016; and
``(I) not less than 3.2 percent of such budget in
fiscal year 2017 and each fiscal year thereafter,''; and
(2) by adding at the end the following:
``(4) Rule of construction.--Nothing in this subsection may
be construed to prohibit a Federal agency from expending with
small business concerns an amount of the extramural budget for
research or research and development of the agency that exceeds
the amount required under paragraph (1).''.
(b) STTR.--Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (i) by striking ``and'' at the end; and
(2) by striking clause (ii) and inserting the following:
``(ii) 0.3 percent for each of fiscal years
2004 through 2011;
[[Page 125 STAT. 1825]]
``(iii) 0.35 percent for each of fiscal years
2012 and 2013;
``(iv) 0.40 percent for each of fiscal years
2014 and 2015; and
``(v) 0.45 percent for fiscal year 2016 and
each fiscal year thereafter.''.
SEC. 5103. SBIR AND STTR AWARD LEVELS.
(a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small Business Act
(15 U.S.C. 638(j)(2)(D)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000''; and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small Business
Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000''; and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(c) Annual Adjustments.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (j)(2)(D), by striking ``once every 5
years to reflect economic adjustments and programmatic
considerations'' and inserting ``every year for inflation''; and
(2) in subsection (p)(2)(B)(ix), as amended by subsection
(b) of this section, by inserting ``(each of which the
Administrator shall adjust for inflation annually)'' after
``$1,000,000,''.
(d) Limitation on Size of Awards.--Section 9 of the Small Business
Act (15 U.S.C. 638), as amended by this title, is further amended by
adding at the end the following:
``(aa) Limitation on Size of Awards.--
``(1) Limitation.--No Federal agency may issue an award
under the SBIR program or the STTR program if the size of the
award exceeds the award guidelines established under this
section by more than 50 percent.
``(2) Maintenance of information.--Participating agencies
shall maintain information on awards exceeding the guidelines
established under this section, including--
``(A) the amount of each award;
``(B) a justification for exceeding the guidelines
for each award;
``(C) the identity and location of each award
recipient; and
``(D) whether an award recipient has received any
venture capital, hedge fund, or private equity firm
investment and, if so, whether the recipient is
majority-owned by multiple venture capital operating
companies, hedge funds, or private equity firms.
``(3) Reports.--The Administrator shall include the
information described in paragraph (2) in the annual report of
the Administrator to Congress.
``(4) <<NOTE: Determination.>> Waiver for specific topic.--
Upon the receipt of an application from a Federal agency, the
Administrator may grant a waiver from the requirement under
paragraph (1) with respect to a specific topic (but not for the
agency as a whole) for a fiscal year if the Administrator
determines, based on the information contained in the
application from the agency, that--
``(A) the requirement under paragraph (1) will
interfere with the ability of the agency to fulfill its
research mission through the SBIR program or the STTR
program; and
[[Page 125 STAT. 1826]]
``(B) the agency will minimize, to the maximum
extent possible, the number of awards that do not
satisfy the requirement under paragraph (1) to preserve
the nature and intent of the SBIR program and the STTR
program.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to prevent a Federal agency from
supplementing an award under the SBIR program or the STTR
program using funds of the Federal agency that are not part of
the SBIR program or the STTR program of the Federal agency.''.
SEC. 5104. AGENCY AND PROGRAM FLEXIBILITY.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(bb) Subsequent Phase II Awards.--
``(1) Agency flexibility.--
A <<NOTE: Eligibility. Determination.>> small business concern
that received a Phase I award from a Federal agency under this
section shall be eligible to receive a subsequent Phase II award
from another Federal agency, if the head of each relevant
Federal agency or the relevant component of the Federal agency
makes a written determination that the topics of the relevant
awards are the same and both agencies report the awards to the
Administrator for inclusion in the public database under
subsection (k).
``(2) SBIR and sttr program flexibility.--A small business
concern that received a Phase I award under this section under
the SBIR program or the STTR program may receive a subsequent
Phase II award in either the SBIR program or the STTR program
and the participating agency or agencies shall report the awards
to the Administrator for inclusion in the public database under
subsection (k).
``(3) <<NOTE: Verification.>> Preventing duplicative
awards.--The head of a Federal agency shall verify that any
activity to be performed with respect to a project with a Phase
I or Phase II SBIR or STTR award has not been funded under the
SBIR program or STTR program of another Federal agency.''.
SEC. 5105. ELIMINATION OF PHASE II INVITATIONS.
Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is
amended--
(1) in paragraph (4)(B), by striking ``to further'' and
inserting ``which shall not include any invitation, pre-
screening, or pre-selection process for eligibility for Phase
II, that will further''; and
(2) in paragraph (6)(B), by striking ``to further develop
proposed ideas to'' and inserting ``which shall not include any
invitation, pre-screening, or pre-selection process for
eligibility for Phase II, that will further develop proposals
that''.
SEC. 5106. PILOT TO ALLOW PHASE FLEXIBILITY.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(cc) Phase Flexibility.--During <<NOTE: Determination.>> fiscal
years 2012 through 2017, the National Institutes of Health, the
Department of Defense, and the Department of Education may each provide
to a small business concern an award under Phase II of the SBIR program
with respect to a project, without regard to whether the small business
concern was provided an award under Phase I of an
[[Page 125 STAT. 1827]]
SBIR program with respect to such project, if the head of the applicable
agency determines that the small business concern has completed the
determinations described in subsection (e)(4)(A) with respect to such
project despite not having been provided a Phase I award.''.
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.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this title, is further amended by adding at the end
the following:
``(dd) Participation of Small Business Concerns Majority-Owned by
Venture Capital Operating Companies, Hedge Funds, or Private Equity
Firms in the SBIR Program.--
``(1) <<NOTE: Determination. Deadline.>> Authority.--Upon
providing a written determination described in paragraph (2) to
the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business and the Committee on Science, Space, and Technology of
the House of Representatives, not later than 30 days before the
date on which any such award is made--
``(A) the Director of the National Institutes of
Health, the Secretary of Energy, and the Director of the
National Science Foundation may award not more than 25
percent of the funds allocated for the SBIR program of
the applicable Federal agency to small business concerns
that are owned in majority part by multiple venture
capital operating companies, hedge funds, or private
equity firms through competitive, merit-based procedures
that are open to all eligible small business concerns;
and
``(B) the head of a Federal agency other than a
Federal agency described in subparagraph (A) that
participates in the SBIR program may award not more than
15 percent of the funds allocated for the SBIR program
of the Federal agency to small business concerns that
are owned in majority part by multiple venture capital
operating companies, hedge funds, or private equity
firms through competitive, merit-based procedures that
are open to all eligible small business concerns.
``(2) Determination.--A written determination described in
this paragraph is a written determination by the head of a
Federal agency that explains how the use of the authority under
paragraph (1) will--
``(A) induce additional venture capital, hedge fund,
or private equity firm funding of small business
innovations;
``(B) substantially contribute to the mission of the
Federal agency;
``(C) demonstrate a need for public research; and
``(D) otherwise fulfill the capital needs of small
business concerns for additional financing for SBIR
projects.
``(3) Registration.--A small business concern that is
majority-owned by multiple venture capital operating companies,
hedge funds, or private equity firms and qualified for
participation in the program authorized under paragraph (1)
shall--
[[Page 125 STAT. 1828]]
``(A) register with the Administrator on the date
that the small business concern submits an application
for an award under the SBIR program; and
``(B) indicate in any SBIR proposal that the small
business concern is registered under subparagraph (A) as
majority-owned by multiple venture capital operating
companies, hedge funds, or private equity firms.
``(4) Compliance.--
``(A) <<NOTE: Data.>> In general.--The head of a
Federal agency that makes an award under this subsection
during a fiscal year shall collect and submit to the
Administrator data relating to the number and dollar
amount of Phase I awards, Phase II awards, and any other
category of awards by the Federal agency under the SBIR
program during that fiscal year.
``(B) Annual reporting.--The Administrator shall
include as part of each annual report by the
Administration under subsection (b)(7) any data
submitted under subparagraph (A) and a discussion of the
compliance of each Federal agency that makes an award
under this subsection during the fiscal year with the
maximum percentages under paragraph (1).
``(5) <<NOTE: Deadline.>> Enforcement.--If a Federal agency
awards more than the percent of the funds allocated for the SBIR
program of the Federal agency authorized under paragraph (1) for
a purpose described in paragraph (1), the head of the Federal
agency shall transfer an amount equal to the amount awarded in
excess of the amount authorized under paragraph (1) to the funds
for general SBIR programs from the non-SBIR and non-STTR
research and development funds of the Federal agency not later
than 180 days after the date on which the Federal agency made
the award that caused the total awarded under paragraph (1) to
be more than the amount authorized under paragraph (1) for a
purpose described in paragraph (1).
``(6) Final decisions on applications under the sbir
program.--
``(A) Definition.--In this paragraph, the term
`covered small business concern' means a small business
concern that--
``(i) was not majority-owned by multiple
venture capital operating companies, hedge funds,
or private equity firms on the date on which the
small business concern submitted an application in
response to a solicitation under the SBIR
programs; and
``(ii) on the date of the award under the SBIR
program is majority-owned by multiple venture
capital operating companies, hedge funds, or
private equity firms.
``(B) <<NOTE: Time period.>> In general.--If a
Federal agency does not make an award under a
solicitation under the SBIR program before the date that
is 9 months after the date on which the period for
submitting applications under the solicitation ends--
``(i) a covered small business concern is
eligible to receive the award, without regard to
whether the covered small business concern meets
the requirements for receiving an award under the
SBIR program for a small business concern that is
majority-owned by
[[Page 125 STAT. 1829]]
multiple venture capital operating companies,
hedge funds, or private equity firms, if the
covered small business concern meets all other
requirements for such an award; and
``(ii) <<NOTE: Deadline.>> the head of the
Federal agency shall transfer an amount equal to
any amount awarded to a covered small business
concern under the solicitation to the funds for
general SBIR programs from the non-SBIR and non-
STTR research and development funds of the Federal
agency, not later than 90 days after the date on
which the Federal agency makes the award.
``(7) Evaluation criteria.--A Federal agency may not use
investment of venture capital or investment from hedge funds or
private equity firms as a criterion for the award of contracts
under the SBIR program or STTR program.''.
(b) Definitions.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following:
``(aa) Venture Capital Operating Company.--In this Act, the term
`venture capital operating company' means an entity described in clause
(i), (v), or (vi) of section 121.103(b)(5) of title 13, Code of Federal
Regulations (or any successor thereto).
``(bb) Hedge Fund.--In this Act, the term `hedge fund' has the
meaning given that term in section 13(h)(2) of the Bank Holding Company
Act of 1956 (12 U.S.C. 1851(h)(2)).
``(cc) Private Equity Firm.--In this Act, the term `private equity
firm' has the meaning given the term `private equity fund' in section
13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C.
1851(h)(2)).''.
(c) <<NOTE: 15 USC 638 note.>> Rulemaking To Ensure That Firms That
Are Majority-Owned by Multiple Venture Capital Operating Companies,
Hedge Funds, Or Private Equity Firms Are Able To Participate in a
Portion of the SBIR Program.--
(1) Statement of congressional intent.--It is the stated
intent of Congress that the Administrator should promulgate
regulations to carry out the authority under section 9(dd) of
the Small Business Act, as added by this section, that--
(A) permit small business concerns that are
majority-owned by multiple venture capital operating
companies, hedge funds, or private equity firms to
participate in the SBIR program in accordance with
section 9(dd) of the Small Business Act;
(B) provide specific guidance for small business
concerns that are majority-owned by multiple venture
capital operating companies, hedge funds, or private
equity firms with regard to eligibility, participation,
and affiliation rules; and
(C) preserve and maintain the integrity of the SBIR
program as a program for small business concerns in the
United States by prohibiting large businesses or large
entities or foreign-owned businesses or foreign-owned
entities from participation in the program established
under section 9 of the Small Business Act.
(2) Rulemaking required.--
(A) <<NOTE: Deadline.>> Proposed regulations.--Not
later than 120 days after the date of enactment of this
Act, the Administrator shall issue proposed regulations
to amend section 121.103 (relating to determinations of
affiliation applicable to the
[[Page 125 STAT. 1830]]
SBIR program) and section 121.702 (relating to ownership
and control standards and size standards applicable to
the SBIR program) of title 13, Code of Federal
Regulations, for firms that are majority-owned by
multiple venture capital operating companies, hedge
funds, or private equity firms and participating in the
SBIR program solely under the authority under section
9(dd) of the Small Business Act, as added by this
section.
(B) Final regulations.--Not <<NOTE: Deadline.>>
later than 1 year after the date of enactment of this
Act, and after providing notice of and opportunity for
comment on the proposed regulations issued under
subparagraph (A), the Administrator shall issue final or
interim final regulations under this subsection.
(3) Contents.--
(A) In general.--The <<NOTE: Determination.>>
regulations issued under this subsection shall permit
the participation of applicants majority-owned by
multiple venture capital operating companies, hedge
funds, or private equity firms in the SBIR program in
accordance with section 9(dd) of the Small Business Act,
as added by this section, unless the Administrator
determines--
(i) in accordance with the size standards
established under subparagraph (B), that the
applicant is--
(I) a large business or large
entity; or
(II) majority-owned or controlled by
a large business or large entity; or
(ii) in accordance with the criteria
established under subparagraph (C), that the
applicant--
(I) is a foreign-owned business or a
foreign entity or is not a citizen of
the United States or alien lawfully
admitted for permanent residence; or
(II) is majority-owned or controlled
by a foreign-owned business, foreign
entity, or person who is not a citizen
of the United States or alien lawfully
admitted for permanent residence.
(B) Size standards.--Under the authority to
establish size standards under paragraphs (2) and (3) of
section 3(a) of the Small Business Act (15 U.S.C.
632(a)), the Administrator shall, in accordance with
paragraph (1) of this subsection, establish size
standards for applicants seeking to participate in the
SBIR program solely under the authority under section
9(dd) of the Small Business Act, as added by this
section.
(C) Criteria for determining foreign ownership.--The
Administrator shall establish criteria for determining
whether an applicant meets the requirements under
subparagraph (A)(ii), and, in establishing the criteria,
shall consider whether the criteria should include--
(i) whether the applicant is at least 51
percent owned or controlled by citizens of the
United States or domestic venture capital
operating companies, hedge funds, or private
equity firms;
(ii) whether the applicant is domiciled in the
United States; and
[[Page 125 STAT. 1831]]
(iii) whether the applicant is a direct or
indirect subsidiary of a foreign-owned firm,
including whether the criteria should include that
an applicant is a direct or indirect subsidiary of
a foreign-owned entity if--
(I) any venture capital operating
company, hedge fund, or private equity
firm that owns more than 20 percent of
the applicant is a direct or indirect
subsidiary of a foreign-owned entity; or
(II) in the aggregate, entities that
are direct or indirect subsidiaries of
foreign-owned entities own more than 49
percent of the applicant.
(D) Criteria for determining affiliation.--The
Administrator shall establish criteria, in accordance
with paragraph (1), for determining whether an applicant
is affiliated with a venture capital operating company,
hedge fund, private equity firm, or any other business
that the venture capital operating company, hedge fund,
or private equity firm has financed and, in establishing
the criteria, shall specify that--
(i) if a venture capital operating company,
hedge fund, or private equity firm that is
determined to be affiliated with an applicant is a
minority investor in the applicant, the portfolio
companies of the venture capital operating
company, hedge fund, or private equity firm shall
not be determined to be affiliated with the
applicant, unless--
(I) the venture capital operating
company, hedge fund, or private equity
firm owns a majority of the portfolio
company; or
(II) the venture capital operating
company, hedge fund, or private equity
firm holds a majority of the seats on
the board of directors of the portfolio
company;
(ii) subject to clause (i), the Administrator
retains the authority to determine whether a
venture capital operating company, hedge fund, or
private equity firm is affiliated with an
applicant, including establishing other criteria;
(iii) the Administrator may not determine that
a portfolio company of a venture capital operating
company, hedge fund, or private equity firm is
affiliated with an applicant based solely on 1 or
more shared investors; and
(iv) subject to clauses (i), (ii), and (iii),
the Administrator retains the authority to
determine whether a portfolio company of a venture
capital operating company, hedge fund, or private
equity firm is affiliated with an applicant based
on factors independent of whether there is a
shared investor, such as whether there are
contractual obligations between the portfolio
company and the applicant.
(4) <<NOTE: Time period.>> Enforcement.--If the
Administrator does not issue final or interim final regulations
under this subsection on or before the date that is 1 year after
the date of enactment of this Act, the Administrator may not
carry out or establish any pilot program until the date on which
the Administrator
[[Page 125 STAT. 1832]]
issues the final or interim final regulations under this
subsection.
(5) Definition.--In this subsection, the terms ``venture
capital operating company'', ``hedge fund'', and ``private
equity firm'' have the same meaning as in section 3 of the Small
Business Act (15 U.S.C. 632), as amended by this section.
(d) <<NOTE: Web postings. 15 USC 638 note.>> Assistance for
Determining Affiliates.--
(1) <<NOTE: Deadlines.>> Clear explanation required.--Not
later than 30 days after the date of enactment of this Act, the
Administrator shall post on the Web site of the Administration
(with a direct link displayed on the homepage of the Web site of
the Administration or the SBIR and STTR Web sites of the
Administration)--
(A) a clear explanation of the SBIR and STTR
affiliation rules under part 121 of title 13, Code of
Federal Regulations; and
(B) contact information for officers or employees of
the Administration who--
(i) <<NOTE: Review.>> upon request, shall
review an issue relating to the rules described in
subparagraph (A); and
(ii) shall respond to a request under clause
(i) not later than 20 business days after the date
on which the request is received.
(2) Inclusion of affiliation rules for certain small
business concerns.--On and after the date on which the final
regulations under subsection (c) are issued, the Administrator
shall post on the Web site of the Administration information
relating to the regulations, in accordance with paragraph (1).
SEC. 5108. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.
Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is amended
by adding at the end the following:
``(4) Phase iii awards.--To the greatest extent practicable,
Federal agencies and Federal prime contractors shall issue Phase
III awards relating to technology, including sole source awards,
to the SBIR and STTR award recipients that developed the
technology.''.
SEC. 5109. COLLABORATING WITH FEDERAL LABORATORIES AND RESEARCH
AND DEVELOPMENT CENTERS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(ee) Collaborating With Federal Laboratories and Research and
Development Centers.--
``(1) Authorization.--Subject to the limitations under this
section, the head of each participating Federal agency may make
SBIR and STTR awards to any eligible small business concern
that--
``(A) intends to enter into an agreement with a
Federal laboratory or federally funded research and
development center for portions of the activities to be
performed under that award; or
``(B) has entered into a cooperative research and
development agreement (as defined in section 12(d) of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3710a(d))) with a Federal laboratory.
``(2) Prohibition.--No Federal agency shall--
[[Page 125 STAT. 1833]]
``(A) condition an SBIR or STTR award upon entering
into agreement with any Federal laboratory or any
federally funded laboratory or research and development
center for any portion of the activities to be performed
under that award;
``(B) approve an agreement between a small business
concern receiving an SBIR or STTR award and a Federal
laboratory or federally funded laboratory or research
and development center, if the small business concern
performs a lesser portion of the activities to be
performed under that award than required by this section
and by the SBIR Policy Directive and the STTR Policy
Directive of the Administrator; or
``(C) approve an agreement that violates any
provision, including any data rights protections
provision, of this section or the SBIR and the STTR
Policy Directives.
``(3) Implementation.--Not <<NOTE: Deadline.>> later than
180 days after the date of enactment of this subsection, the
Administrator shall modify the SBIR Policy Directive and the
STTR Policy Directive issued under this section to ensure that
small business concerns--
``(A) have the flexibility to use the resources of
the Federal laboratories or federally funded research
and development centers; and
``(B) are not mandated to enter into agreement with
any Federal laboratory or any federally funded
laboratory or research and development center as a
condition of an award.
``(4) Advance payment.--If a small business concern
receiving an award under this section enters into an agreement
with a Federal laboratory or federally funded research and
development center for portions of the activities to be
performed under that award, the Federal laboratory or federally
funded research and development center may not require advance
payment from the small business concern in an amount greater
than the amount necessary to pay for 30 days of such
activities.''.
SEC. 5110. NOTICE REQUIREMENT.
(a) SBIR Program.--Section 9(g) of the Small Business Act (15 U.S.C.
638(g)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(12) provide timely notice to the Administrator of any
case or controversy before any Federal judicial or
administrative tribunal concerning the SBIR program of the
Federal agency.''.
(b) STTR Program.--Section 9(o) of the Small Business Act (15 U.S.C.
638(o)) is amended--
(1) by striking paragraph (15);
(2) in paragraph (16), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraph (16) as paragraph (15); and
(4) by adding at the end the following:
[[Page 125 STAT. 1834]]
``(16) provide timely notice to the Administrator of any
case or controversy before any Federal judicial or
administrative tribunal concerning the STTR program of the
Federal agency.''.
SEC. 5111. ADDITIONAL SBIR AND STTR AWARDS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(ff) Additional SBIR and STTR Awards.--
``(1) Express authority for awarding a sequential phase ii
award.--A small business concern that receives a Phase II SBIR
award or a Phase II STTR award for a project remains eligible to
receive 1 additional Phase II SBIR award or Phase II STTR award
for continued work on that project.
``(2) <<NOTE: Verification.>> Preventing duplicative
awards.--The head of a Federal agency shall verify that any
activity to be performed with respect to a project with a Phase
I or Phase II SBIR or STTR award has not been funded under the
SBIR program or STTR program of another Federal agency.''.
Subtitle B--Outreach and Commercialization Initiatives
SEC. 5121. TECHNICAL ASSISTANCE FOR AWARDEES.
Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or STTR program'' after ``SBIR
program''; and
(B) by striking ``SBIR projects'' and inserting
``SBIR or STTR projects'';
(2) in paragraph (2), by striking ``3 years'' and inserting
``5 years''; and
(3) in paragraph (3)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Phase i.--A Federal agency described in
paragraph (1) may--
``(i) provide to the recipient of a Phase I
SBIR or STTR award, through a vendor selected
under paragraph (2), the services described in
paragraph (1), in an amount equal to not more than
$5,000 per year; or
``(ii) authorize the recipient of a Phase I
SBIR or STTR award to purchase the services
described in paragraph (1), in an amount equal to
not more than $5,000 per year, which shall be in
addition to the amount of the recipient's
award.'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) Phase ii.--A Federal agency described in
paragraph (1) may--
``(i) provide to the recipient of a Phase II
SBIR or STTR award, through a vendor selected
under paragraph (2), the services described in
paragraph (1), in an amount equal to not more than
$5,000 per year; or
[[Page 125 STAT. 1835]]
``(ii) authorize the recipient of a Phase II
SBIR or STTR award to purchase the services
described in paragraph (1), in an amount equal to
not more than $5,000 per year, which shall be in
addition to the amount of the recipient's
award.''; and
(C) by adding at the end the following:
``(C) Flexibility.--In carrying out subparagraphs
(A) and (B), each Federal agency shall provide the
allowable amounts to a recipient that meets the
eligibility requirements under the applicable
subparagraph, if the recipient requests to seek
technical assistance from an individual or entity other
than the vendor selected under paragraph (2) by the
Federal agency.
``(D) Limitation.--A Federal agency may not--
``(i) use the amounts authorized under
subparagraph (A) or (B) unless the vendor selected
under paragraph (2) provides the technical
assistance to the recipient; or
``(ii) enter a contract with a vendor under
paragraph (2) under which the amount provided for
technical assistance is based on total number of
Phase I or Phase II awards.''.
SEC. 5122. COMMERCIALIZATION READINESS PROGRAM AT DEPARTMENT OF
DEFENSE.
(a) In General.--Section 9(y) of the Small Business Act (15 U.S.C.
638(y)) is amended--
(1) in the subsection heading, by striking ``Pilot'' and
inserting ``Readiness'';
(2) by striking ``Pilot'' each place that term appears and
inserting ``Readiness'';
(3) in paragraph (1)--
(A) by inserting ``or Small Business Technology
Transfer Program'' after ``Small Business Innovation
Research Program''; and
(B) by adding at the end the following: ``The
authority to create and administer a Commercialization
Readiness Program under this subsection may not be
construed to eliminate or replace any other SBIR program
or STTR program that enhances the insertion or
transition of SBIR or STTR technologies, including any
such program in effect on the date of enactment of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3136).'';
(4) in paragraph (2), by inserting ``or Small Business
Technology Transfer Program'' after ``Small Business Innovation
Research Program'';
(5) by striking paragraph (5);
(6) by striking paragraph (6); and
(7) by inserting after paragraph (4) the following:
``(5) <<NOTE: Contracts.>> Insertion incentives.--For any
contract with a value of not less than $100,000,000, the
Secretary of Defense is authorized to--
``(A) establish goals for the transition of Phase
III technologies in subcontracting plans; and
``(B) require a prime contractor on such a contract
to report the number and dollar amount of contracts
[[Page 125 STAT. 1836]]
entered into by that prime contractor for Phase III SBIR
or STTR projects.
``(6) Goal for sbir and sttr technology insertion.--The
Secretary of Defense shall--
``(A) set a goal to increase the number of Phase II
SBIR contracts and the number of Phase II STTR contracts
awarded by the Secretary that lead to technology
transition into programs of record or fielded systems;
``(B) use incentives in effect on the date of
enactment of the SBIR/STTR Reauthorization Act of 2011,
or create new incentives, to encourage agency program
managers and prime contractors to meet the goal under
subparagraph (A); and
``(C) <<NOTE: Submission.>> submit to the
Administrator for inclusion in the annual report under
subsection (b)(7)--
``(i) the number and percentage of Phase II
SBIR and STTR contracts awarded by the Secretary
that led to technology transition into programs of
record or fielded systems;
``(ii) information on the status of each
project that received funding through the
Commercialization Readiness Program and efforts to
transition those projects into programs of record
or fielded systems; and
``(iii) a description of each incentive that
has been used by the Secretary under subparagraph
(B) and the effectiveness of that incentive with
respect to meeting the goal under subparagraph
(A).''.
(b) Technical and Conforming Amendment.--Section 9(i)(1) of the
Small Business Act (15 U.S.C. 638(i)(1)) is amended by inserting
``(including awards under subsection (y))'' after ``the number of
awards''.
SEC. 5123. COMMERCIALIZATION READINESS PILOT PROGRAM FOR CIVILIAN
AGENCIES.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(gg) Pilot Program.--
``(1) Authorization.--The head of each covered Federal
agency may allocate not more than 10 percent of the funds
allocated to the SBIR program and the STTR program of the
covered Federal agency--
``(A) for awards for technology development,
testing, evaluation, and commercialization assistance
for SBIR and STTR Phase II technologies; or
``(B) to support the progress of research, research
and development, and commercialization conducted under
the SBIR or STTR programs to Phase III.
``(2) Application by federal agency.--
``(A) <<NOTE: Deadline.>> In general.--A covered
Federal agency may not establish a pilot program unless
the covered Federal agency makes a written application
to the Administrator, not later than 90 days before the
first day of the fiscal year in which the pilot program
is to be established, that describes a compelling reason
that additional investment in SBIR or STTR technologies
is necessary, including unusually high regulatory,
systems integration, or other costs relating to
development or manufacturing of identifiable, highly
[[Page 125 STAT. 1837]]
promising small business technologies or a class of such
technologies expected to substantially advance the
mission of the agency.
``(B) Determination.--The Administrator shall--
``(i) <<NOTE: Deadline.>> make a
determination regarding an application submitted
under subparagraph (A) not later than 30 days
before the first day of the fiscal year for which
the application is submitted;
``(ii) <<NOTE: Federal Register,
publication.>> publish the determination in the
Federal Register; and
``(iii) <<NOTE: Records.>> make a copy of the
determination and any related materials available
to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee
on Small Business and the Committee on Science,
Space, and Technology of the House of
Representatives.
``(3) Maximum amount of award.--The head of a covered
Federal agency may not make an award under a pilot program in
excess of 3 times the dollar amounts generally established for
Phase II awards under subsection (j)(2)(D) or (p)(2)(B)(ix).
``(4) <<NOTE: Public information.>> Registration.--Any
applicant that receives an award under a pilot program shall
register with the Administrator in a registry that is available
to the public.
``(5) Award criteria or consideration.--When making an award
under this section, the head of a covered Federal agency shall
give consideration to whether the technology to be supported by
the award is likely to be manufactured in the United States.
``(6) Report.--The head of each covered Federal agency shall
include in the annual report of the covered Federal agency to
the Administrator an analysis of the various activities
considered for inclusion in the pilot program of the covered
Federal agency and a statement of the reasons why each activity
considered was included or not included, as the case may be.
``(7) Termination.--The authority to establish a pilot
program under this section expires at the end of fiscal year
2017.
``(8) Definitions.--In this subsection--
``(A) the term `covered Federal agency'--
``(i) means a Federal agency participating in
the SBIR program or the STTR program; and
``(ii) does not include the Department of
Defense; and
``(B) the term `pilot program' means each program
established under paragraph (1).''.
SEC. 5124. INTERAGENCY POLICY COMMITTEE.
(a) Establishment.--The Director of the Office of Science and
Technology Policy shall establish an Interagency SBIR/STTR Policy
Committee.
(b) Membership.--The Interagency SBIR/STTR Policy Committee shall
include representatives from Federal agencies with an SBIR or an STTR
program and the Small Business Administration.
(c) <<NOTE: Recommenda- tions.>> Duties.--The Interagency SBIR/STTR
Policy Committee shall review the following issues and make policy
recommendations on ways to improve program effectiveness and efficiency:
[[Page 125 STAT. 1838]]
(1) The public and Government databases described in section
9(k) of the Small Business Act (15 U.S.C. 638(k)).
(2) Federal agency flexibility in establishing Phase I and
II award sizes, including appropriate criteria for exercising
such flexibility.
(3) Commercialization assistance best practices of Federal
agencies with significant potential to be employed by other
agencies and the appropriate steps to achieve that leverage, as
well as proposals for new initiatives to address funding gaps
that business concerns face after Phase II but before
commercialization.
(4) Developing and incorporating a standard evaluation
framework to enable systematic assessment of SBIR and STTR,
including through improved tracking of awards and outcomes and
development of performance measures for the SBIR program and
STTR program of each Federal agency.
(5) Outreach and technical assistance activities that
increase the participation of small businesses underrepresented
in the SBIR and STTR programs, including the identification and
sharing of best practices and the leveraging of resources in
support of such activities across agencies.
(d) Reports.--The Interagency SBIR/STTR Policy Committee shall
transmit to the Committee on Science, Space, and Technology and the
Committee on Small Business of the House of Representatives and to the
Committee on Small Business and Entrepreneurship of the Senate--
(1) a report on its review and recommendations under
subsection (c)(1) not later than 1 year after the date of
enactment of this Act;
(2) a report on its review and recommendations under
subsection (c)(2) not later than 18 months after the date of
enactment of this Act;
(3) a report on its review and recommendations under
subsection (c)(3) not later than 2 years after the date of
enactment of this Act;
(4) a report on its review and recommendations under
subsection (c)(4) not later than 2 years after the date of
enactment of this Act; and
(5) a report on its review and recommendations under
subsection (c)(5) not later than 2 years after the date of
enactment of this Act.
SEC. 5125. CLARIFYING THE DEFINITION OF ``PHASE III''.
(a) Phase III Awards.--Section 9(e) of the Small Business Act (15
U.S.C. 638(e)), as amended by this title, is further amended--
(1) in paragraph (4)(C), in the matter preceding clause (i),
by inserting ``for work that derives from, extends, or completes
efforts made under prior funding agreements under the SBIR
program'' after ``phase'';
(2) in paragraph (6)(C), in the matter preceding clause (i),
by inserting ``for work that derives from, extends, or completes
efforts made under prior funding agreements under the STTR
program'' after ``phase'';
(3) in paragraph (8), by striking ``and'' at the end;
(4) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
[[Page 125 STAT. 1839]]
(5) by adding at the end the following:
``(10) the term `commercialization' means--
``(A) the process of developing products, processes,
technologies, or services; and
``(B) the production and delivery (whether by the
originating party or by others) of products, processes,
technologies, or services for sale to or use by the
Federal Government or commercial markets;''.
(b) Technical and Conforming Amendments.--Section 9 of the Small
Business Act (15 U.S.C. 638), as amended by this title, is further
amended--
(1) in subsection (e)--
(A) in paragraph (4)(C)(ii), by striking
``scientific review criteria'' and inserting ``merit-
based selection procedures'';
(B) in paragraph (9), by striking ``the second or
the third phase'' and inserting ``Phase II or Phase
III''; and
(C) by adding at the end the following:
``(11) the term `Phase I' means--
``(A) with respect to the SBIR program, the first
phase described in paragraph (4)(A); and
``(B) with respect to the STTR program, the first
phase described in paragraph (6)(A);
``(12) the term `Phase II' means--
``(A) with respect to the SBIR program, the second
phase described in paragraph (4)(B); and
``(B) with respect to the STTR program, the second
phase described in paragraph (6)(B); and
``(13) the term `Phase III' means--
``(A) with respect to the SBIR program, the third
phase described in paragraph (4)(C); and
``(B) with respect to the STTR program, the third
phase described in paragraph (6)(C).'';
(2) in subsection (j)--
(A) in paragraph (1)(B), by striking ``phase two''
and inserting ``Phase II'';
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) by striking ``the third phase''
each place it appears and inserting
``Phase III''; and
(II) by striking ``the second
phase'' and inserting ``Phase II'';
(ii) in subparagraph (D)--
(I) by striking ``the first phase''
and inserting ``Phase I''; and
(II) by striking ``the second
phase'' and inserting ``Phase II'';
(iii) in subparagraph (F), by striking ``the
third phase'' and inserting ``Phase III'';
(iv) in subparagraph (G)--
(I) by striking ``the first phase''
and inserting ``Phase I''; and
(II) by striking ``the second
phase'' and inserting ``Phase II''; and
(v) in subparagraph (H)--
(I) by striking ``the first phase''
and inserting ``Phase I'';
[[Page 125 STAT. 1840]]
(II) by striking ``second phase''
each place it appears and inserting
``Phase II''; and
(III) by striking ``third phase''
and inserting ``Phase III''; and
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``the first phase
(as described in subsection (e)(4)(A))''
and inserting ``Phase I'';
(II) by striking ``the second phase
(as described in subsection (e)(4)(B))''
and inserting ``Phase II''; and
(III) by striking ``the third phase
(as described in subsection (e)(4)(C))''
and inserting ``Phase III''; and
(ii) in subparagraph (B), by striking ``second
phase'' and inserting ``Phase II'';
(3) in subsection (k)--
(A) by striking ``first phase'' each place it
appears and inserting ``Phase I''; and
(B) by striking ``second phase'' each place it
appears and inserting ``Phase II'';
(4) in subsection (l)(2)--
(A) by striking ``the first phase'' and inserting
``Phase I''; and
(B) by striking ``the second phase'' and inserting
``Phase II'';
(5) in subsection (o)(13)--
(A) in subparagraph (B), by striking ``second
phase'' and inserting ``Phase II''; and
(B) in subparagraph (C), by striking ``third phase''
and inserting ``Phase III'';
(6) in subsection (p)--
(A) in paragraph (2)(B)--
(i) in clause (vi)--
(I) by striking ``the second phase''
and inserting ``Phase II''; and
(II) by striking ``the third phase''
and inserting ``Phase III''; and
(ii) in clause (ix)--
(I) by striking ``the first phase''
and inserting ``Phase I''; and
(II) by striking ``the second
phase'' and inserting ``Phase II''; and
(B) in paragraph (3)--
(i) by striking ``the first phase (as
described in subsection (e)(6)(A))'' and inserting
``Phase I'';
(ii) by striking ``the second phase (as
described in subsection (e)(6)(B))'' and inserting
``Phase II''; and
(iii) by striking ``the third phase (as
described in subsection (e)(6)(C))'' and inserting
``Phase III'';
(7) in subsection (r)--
(A) in the subsection heading, by striking ``Third
Phase'' and inserting ``Phase III'';
(B) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``for the second
phase'' and inserting ``for Phase II'';
[[Page 125 STAT. 1841]]
(II) by striking ``third phase'' and
inserting ``Phase III''; and
(III) by striking ``second phase
period'' and inserting ``Phase II
period''; and
(ii) in the second sentence--
(I) by striking ``second phase'' and
inserting ``Phase II''; and
(II) by striking ``third phase'' and
inserting ``Phase III''; and
(C) in paragraph (2), by striking ``third phase''
and inserting ``Phase III''; and
(8) in subsection (u)(2)(B), by striking ``the first phase''
and inserting ``Phase I''.
SEC. 5126. SHORTENED PERIOD FOR FINAL DECISIONS ON PROPOSALS AND
APPLICATIONS.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this title, is further amended--
(1) in subsection (g)(4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) by adding ``and'' after the semicolon at the
end; and
(C) by adding at the end the following:
``(B) <<NOTE: Deadlines.>> make a final decision on each
proposal submitted under the SBIR program--
``(i) not later than 1 year after the date on which
the applicable solicitation closes, if with respect to
the National Institutes of Health or the National
Science Foundation, or 90 days after the date on which
the applicable solicitation closes, if with respect to
any other participating agency; or
``(ii) if the Administrator authorizes an extension
with respect to a solicitation, not later than 90 days
after the date that would otherwise be applicable to the
agency under clause (i);''; and
(2) in subsection (o)(4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) by adding ``and'' after the semicolon at the
end; and
(C) by adding at the end the following:
``(B) make a final decision on each proposal submitted under
the STTR program--
``(i) not later than 1 year after the date on which
the applicable solicitation closes, if with respect to
the National Institutes of Health or the National
Science Foundation, or 90 days after the date on which
the applicable solicitation closes, if with respect to
any other participating agency; or
``(ii) if the Administrator authorizes an extension
for a solicitation, not later than 90 days after the
date that would be applicable to the agency under clause
(i);''.
(b) Other Timing Provisions.--Section 9 of the Small Business Act
(15 U.S.C. 638), as amended by this title, is further amended by adding
at the end the following:
``(hh) Timing of Release of Funding.--Federal agencies participating
in the SBIR program or STTR program shall, to the extent possible,
attempt to shorten the amount of time between
[[Page 125 STAT. 1842]]
the provision of notice of an award under the SBIR program or STTR
program and the subsequent release of funding with respect to the award.
``(ii) Reporting on Timing.--Federal agencies participating in the
SBIR program or STTR program shall provide to the Administrator, for the
annual report on the SBIR and STTR program under subsection (b)(7), the
average amount of time the agency takes to make a final decision on
proposals submitted under such programs, the average amount of time the
agency takes to release funding with respect to an award under such
programs, and the goals established to reduce such amounts.''.
SEC. 5127. <<NOTE: Grants.>> PHASE 0 PROOF OF CONCEPT PARTNERSHIP
PILOT PROGRAM.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(jj) Phase 0 Proof of Concept Partnership Pilot Program.--
``(1) In general.--The Director of the National Institutes
of Health may use $5,000,000 of the funds allocated under
subsection (n)(1) for a Proof of Concept Partnership pilot
program to accelerate the creation of small businesses and the
commercialization of research innovations from qualifying
institutions. To implement this program, the Director shall
award, through a competitive, merit-based process, grants to
qualifying institutions. These grants shall only be used to
administer Proof of Concept Partnership awards in conformity
with this subsection.
``(2) Definitions.--In this subsection--
``(A) the term `Director' means the Director of the
National Institutes of Health;
``(B) the term `pilot program' refers to the Proof
of Concept Partnership pilot program; and
``(C) the terms `qualifying institution' and
`institution' mean a university or other research
institution that participates in the National Institutes
of Health's STTR program.
``(3) Proof of concept partnerships.--
``(A) In general.--A Proof of Concept Partnership
shall be set up by a qualifying institution to award
grants to individual researchers. These grants should
provide researchers with the initial investment and the
resources to support the proof of concept work and
commercialization mentoring needed to translate
promising research projects and technologies into a
viable company. This work may include technical
validations, market research, clarifying intellectual
property rights position and strategy, and investigating
commercial or business opportunities.
``(B) Award guidelines.--The administrator of a
Proof of Concept Partnership program shall award grants
in accordance with the following guidelines:
``(i) The Proof of Concept Partnership shall
use a market-focused project management oversight
process, including--
``(I) a rigorous, diverse review
board comprised of local experts in
translational and proof of concept
research, including industry, start-up,
venture
[[Page 125 STAT. 1843]]
capital, technical, financial, and
business experts and university
technology transfer officials;
``(II) technology validation
milestones focused on market
feasibility;
``(III) simple reporting effective
at redirecting projects; and
``(IV) the willingness to reallocate
funding from failing projects to those
with more potential.
``(ii) Not more than $100,000 shall be awarded
towards an individual proposal.
``(C) Educational resources and guidance.--The
administrator of a Proof of Concept Partnership program
shall make educational resources and guidance available
to researchers attempting to commercialize their
innovations.
``(4) Awards.--
``(A) Size of award.--The Director may make awards
to a qualifying institution for up to $1,000,000 per
year for up to 3 years.
``(B) Award criteria.--In determining which
qualifying institutions receive pilot program grants,
the Director shall consider, in addition to any other
criteria the Director determines necessary, the extent
to which qualifying institutions--
``(i) have an established and proven
technology transfer or commercialization office
and have a plan for engaging that office in the
program's implementation;
``(ii) have demonstrated a commitment to local
and regional economic development;
``(iii) are located in diverse geographies and
are of diverse sizes;
``(iv) can assemble project management boards
comprised of industry, start-up, venture capital,
technical, financial, and business experts;
``(v) have an intellectual property rights
strategy or office; and
``(vi) demonstrate a plan for sustainability
beyond the duration of the funding award.
``(5) Limitations.--The funds for the pilot program shall
not be used--
``(A) for basic research, but to evaluate the
commercial potential of existing discoveries,
including--
``(i) proof of concept research or prototype
development; and
``(ii) activities that contribute to
determining a project's commercialization path, to
include technical validations, market research,
clarifying intellectual property rights, and
investigating commercial and business
opportunities; or
``(B) to fund the acquisition of research equipment
or supplies unrelated to commercialization activities.
``(6) Evaluative report.--The Director shall submit to the
Committee on Science, Space, and Technology and the Committee on
Small Business of the House of Representatives and the Committee
on Small Business and Entrepreneurship
[[Page 125 STAT. 1844]]
of the Senate an evaluative report regarding the activities of
the pilot program. The report shall include--
``(A) a detailed description of the institutional
and proposal selection process;
``(B) an accounting of the funds used in the pilot
program;
``(C) a detailed description of the pilot program,
including incentives and activities undertaken by review
board experts;
``(D) a detailed compilation of results achieved by
the pilot program, including the number of small
business concerns included and the number of business
packages developed, and the number of projects that
progressed into subsequent STTR phases; and
``(E) an analysis of the program's effectiveness
with supporting data.
``(7) Sunset.--The pilot program under this subsection shall
terminate at the end of fiscal year 2017.''.
Subtitle C--Oversight and Evaluation
SEC. 5131. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is
amended--
(1) in paragraph (7)--
(A) by striking ``STTR programs, including the
data'' and inserting the following: ``STTR programs,
including--
``(A) the data'';
(B) by striking ``(g)(10), (o)(9), and (o)(15), the
number'' and all that follows through ``under each of
the SBIR and STTR programs, and a description'' and
inserting the following: ``(g)(8) and (o)(9);
``(B) the number of proposals received from, and the
number and total amount of awards to, HUBZone small
business concerns and firms with venture capital, hedge
fund, or private equity firm investment (including those
majority-owned by multiple venture capital operating
companies, hedge funds, or private equity firms) under
each of the SBIR and STTR programs;
``(C) a description of the extent to which each
Federal agency is increasing outreach and awards to
firms owned and controlled by women or by socially or
economically disadvantaged individuals under each of the
SBIR and STTR programs;
``(D) general information about the implementation
of, and compliance with the allocation of funds required
under, subsection (dd) for firms owned in majority part
by venture capital operating companies, hedge funds, or
private equity firms and participating in the SBIR
program;
``(E) a detailed description of appeals of Phase III
awards and notices of noncompliance with the SBIR Policy
Directive and the STTR Policy Directive filed by the
Administrator with Federal agencies;
``(F) an accounting of funds, initiatives, and
outcomes under the Commercialization Readiness Program;
and
``(G) a description''; and
[[Page 125 STAT. 1845]]
(C) by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (8) the following:
``(9) to coordinate the implementation of electronic
databases at each of the Federal agencies participating in the
SBIR program or the STTR program, including the technical
ability of the participating agencies to electronically share
data.''.
SEC. 5132. DATA COLLECTION FROM AGENCIES FOR SBIR.
Section 9(g) of the Small Business Act (15 U.S.C. 638(g)), as
amended by this title, is further amended--
(1) by striking paragraph (10);
(2) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) <<NOTE: Deadline.>> collect annually, and maintain in
a common format in accordance with the simplified reporting
requirements under subsection (v), such information from
awardees as is necessary to assess the SBIR program, including
information necessary to maintain the database described in
subsection (k), including--
``(A) whether an awardee--
``(i) has venture capital, hedge fund, or
private equity firm investment or is majority-
owned by multiple venture capital operating
companies, hedge funds, or private equity firms
and, if so--
``(I) the amount of venture capital,
hedge fund, or private equity firm
investment that the awardee has received
as of the date of the award; and
``(II) the amount of additional
capital that the awardee has invested in
the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a
citizen of the United States or a lawful
permanent resident of the United States
and, if so, the name of any such
individual; or
``(II) is a person that is not an
individual and is not organized under
the laws of a State or the United States
and, if so, the name of any such person;
``(iii) is owned by a woman or has a woman as
a principal investigator;
``(iv) is owned by a socially or economically
disadvantaged individual or has a socially or
economically disadvantaged individual as a
principal investigator;
``(v) is a faculty member or a student of an
institution of higher education, as that term is
defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001); or
``(vi) is located in a State described in
subsection (u)(3);
``(B) a justification statement from the agency, if
an awardee receives an award in an amount that is more
than the award guidelines under this section; and
``(C) data with respect to the Federal and State
Technology Partnership Program (FAST Program);''.
[[Page 125 STAT. 1846]]
SEC. 5133. DATA COLLECTION FROM AGENCIES FOR STTR.
Section 9(o) of the Small Business Act (15 U.S.C. 638(o)), as
amended by this title, is further amended by striking paragraph (9) and
inserting the following:
``(9) <<NOTE: Deadline.>> collect annually, and maintain in
a common format in accordance with the simplified reporting
requirements under subsection (v), such information from
applicants and awardees as is necessary to assess the STTR
program outputs and outcomes, including information necessary to
maintain the database described in subsection (k), including--
``(A) whether an applicant or awardee--
``(i) has venture capital, hedge fund, or
private equity firm investment or is majority-
owned by multiple venture capital operating
companies, hedge funds, or private equity firms
and, if so--
``(I) the amount of venture capital,
hedge fund, or private equity firm
investment that the applicant or awardee
has received as of the date of the
application or award, as applicable; and
``(II) the amount of additional
capital that the applicant or awardee
has invested in the STTR technology;
``(ii) has an investor that--
``(I) is an individual who is not a
citizen of the United States or a lawful
permanent resident of the United States
and, if so, the name of any such
individual; or
``(II) is a person that is not an
individual and is not organized under
the laws of a State or the United States
and, if so, the name of any such person;
``(iii) is owned by a woman or has a woman as
a principal investigator;
``(iv) is owned by a socially or economically
disadvantaged individual or has a socially or
economically disadvantaged individual as a
principal investigator;
``(v) is a faculty member or a student of an
institution of higher education, as that term is
defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001); or
``(vi) is located in a State in which the
total value of contracts awarded to small business
concerns under all STTR programs is less than the
total value of contracts awarded to small business
concerns in a majority of other States, as
determined by the Administrator in biennial fiscal
years, beginning with fiscal year 2008, based on
the most recent statistics compiled by the
Administrator;
``(B) if an awardee receives an award in an amount
that is more than the award guidelines under this
section, a statement from the agency that justifies the
award amount; and
``(C) data with respect to the Federal and State
Technology Partnership Program (FAST Program);''.
[[Page 125 STAT. 1847]]
SEC. 5134. PUBLIC DATABASE.
Section 9(k)(1) of the Small Business Act (15 U.S.C. 638(k)(1)) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) for each small business concern that has
received a Phase I or Phase II SBIR or STTR award from a
Federal agency, whether the small business concern--
``(i) has venture capital, hedge fund, or
private equity firm investment and, if so, whether
the small business concern is registered as
majority-owned by multiple venture capital
operating companies, hedge funds, or private
equity firms as required under subsection (dd)(3);
``(ii) is owned by a woman or has a woman as a
principal investigator;
``(iii) is owned by a socially or economically
disadvantaged individual or has a socially or
economically disadvantaged individual as a
principal investigator;
``(iv) is owned by a faculty member or a
student of an institution of higher education, as
that term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); or
``(v) received assistance under the Federal
and State Technology Partnership Program (FAST
Program).''.
SEC. 5135. GOVERNMENT DATABASE.
Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is
amended--
(1) in paragraph (2)--
(A) <<NOTE: Deadline.>> in the matter preceding
subparagraph (A), by striking ``Not later'' and all that
follows through ``Act of 2000'' and inserting ``Not
later than 90 days after the date of enactment of the
SBIR/STTR Reauthorization Act of 2011'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(D) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) contains for each small business concern that
applies for, submits a proposal for, or receives an
award under Phase I or Phase II of the SBIR program or
the STTR program--
``(i) the name, size, and location of, and the
identifying number assigned by the Administration
to, the small business concern;
``(ii) an abstract of the applicable project;
``(iii) the specific aims of the project;
``(iv) the number of employees of the small
business concern;
``(v) the names and titles of the key
individuals that will carry out the project, the
position each key
[[Page 125 STAT. 1848]]
individual holds in the small business concern,
and contact information for each key individual;
``(vi) the percentage of effort each
individual described in clause (v) will contribute
to the project;
``(vii) whether the small business concern is
majority-owned by multiple venture capital
operating companies, hedge funds, or private
equity firms; and
``(viii) the Federal agency to which the
application is made and contact information for
the person or office within the Federal agency
that is responsible for reviewing applications and
making awards under the SBIR program or the STTR
program;'';
(E) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively;
(F) by inserting after subparagraph (C), as so
redesignated, the following:
``(D) includes, for each awardee--
``(i) the name, size, and location of, and any
identifying number assigned by the Administrator
to, the awardee;
``(ii) whether the awardee has venture
capital, hedge fund, or private equity firm
investment and, if so--
``(I) the amount of venture capital,
hedge fund, or private equity firm
investment as of the date of the award;
``(II) the percentage of ownership
of the awardee held by a venture capital
operating company, hedge fund, or
private equity firm, including whether
the awardee is majority-owned by
multiple venture capital operating
companies, hedge funds, or private
equity firms; and
``(III) the amount of additional
capital that the awardee has invested in
the SBIR or STTR technology, which
information shall be collected on an
annual basis;
``(iii) the names and locations of any
affiliates of the awardee;
``(iv) the number of employees of the awardee;
``(v) the number of employees of the
affiliates of the awardee; and
``(vi) the names of, and the percentage of
ownership of the awardee held by--
``(I) any individual who is not a
citizen of the United States or a lawful
permanent resident of the United States;
or
``(II) any person that is not an
individual and is not organized under
the laws of a State or the United
States;'';
(G) in subparagraph (E), as so redesignated, by
striking ``and'' at the end;
(H) in subparagraph (F), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(I) by adding at the end the following:
``(G) includes a timely and accurate list of any
individual or small business concern that has
participated in the SBIR program or STTR program that
has been--
[[Page 125 STAT. 1849]]
``(i) convicted of a fraud-related crime
involving funding received under the SBIR program
or STTR program; or
``(ii) found civilly liable for a fraud-
related violation involving funding received under
the SBIR program or STTR program.''; and
(2) in paragraph (3), by adding at the end the following:
``(C) <<NOTE: Deadline.>> Government database.--Not
later than 60 days after the date established by a
Federal agency for submitting applications or proposals
for a Phase I or Phase II award under the SBIR program
or STTR program, the head of the Federal agency shall
submit to the Administrator the data required under
paragraph (2) with respect to each small business
concern that applies or submits a proposal for the Phase
I or Phase II award.''.
SEC. 5136. <<NOTE: 15 USC 638 note.>> ACCURACY IN FUNDING BASE
CALCULATIONS.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of enactment of this Act, and every year thereafter until the
date that is 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) <<NOTE: Audit. Determinations. Assessments.>> conduct a
fiscal and management audit of the SBIR program and the STTR
program for the applicable period to--
(A) determine whether Federal agencies comply with
the expenditure amount requirements under subsections
(f)(1) and (n)(1) of section 9 of the Small Business Act
(15 U.S.C. 638), as amended by this title;
(B) assess the extent of compliance with the
requirements of section 9(i)(2) of the Small Business
Act (15 U.S.C. 638(i)(2)) by Federal agencies
participating in the SBIR program or the STTR program
and the Administration;
(C) assess whether it would be more consistent and
effective to base the amount of the allocations under
the SBIR program and the STTR program on a percentage of
the research and development budget of a Federal agency,
rather than the extramural budget of the Federal agency;
and
(D) determine the portion of the extramural research
or research and development budget of a Federal agency
that each Federal agency spends for administrative
purposes relating to the SBIR program or STTR program,
and for what specific purposes it is used, including the
portion, if any, of such budget the Federal agency
spends for salaries and expenses, travel to visit
applicants, outreach events, marketing, and technical
assistance; and
(2) <<NOTE: Reports.>> submit a report to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business and the Committee on Science, Space,
and Technology of the House of Representatives regarding the
audit conducted under paragraph (1), including the assessments
required under subparagraph (B) and the determinations made
under subparagraph (D) of paragraph (1).
(b) Definition of Applicable Period.--In this section, the term
``applicable period'' means--
(1) for the first report submitted under this section, the
period beginning on October 1, 2005, and ending on September
[[Page 125 STAT. 1850]]
30 of the last full fiscal year before the date of enactment of
this Act for which information is available; and
(2) for the second and each subsequent report submitted
under this section, the period--
(A) beginning on October 1 of the first fiscal year
after the end of the most recent full fiscal year
relating to which a report under this section was
submitted; and
(B) ending on September 30 of the last full fiscal
year before the date of the report.
SEC. 5137. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF
SCIENCES.
Section 108 of the Small Business Reauthorization Act of 2000 (15
U.S.C. 638 note) is amended by adding at the end the following:
``(e) Extensions and Enhancements of Authority.--
``(1) <<NOTE: Deadline. Contracts. Study.>> In general.--
Not later than 6 months after the date of enactment of the SBIR/
STTR Reauthorization Act of 2011, the head of each agency
described in subsection (a), in consultation with the Small
Business Administration, shall cooperatively enter into an
agreement with the National Academy of Sciences for the National
Research Council to, not later than 4 years after the date of
enactment of the SBIR/STTR Reauthorization Act of 2011, and
every 4 years thereafter--
``(A) continue the most recent study under this
section relating to the issues described in
subparagraphs (A), (B), (C), and (E) of subsection
(a)(1);
``(B) conduct a comprehensive study of how the STTR
program has stimulated technological innovation and
technology transfer, including--
``(i) <<NOTE: Review.>> a review of the
collaborations created between small businesses
and research institutions, including an evaluation
of the effectiveness of the program in stimulating
new collaborations and any obstacles that may
prevent or inhibit the creation of such
collaborations;
``(ii) an evaluation of the effectiveness of
the program at transferring technology and
capabilities developed through Federal funding;
``(iii) to the extent practicable, an
evaluation of the economic benefits achieved by
the STTR program, including the economic rate of
return;
``(iv) <<NOTE: Analysis.>> an analysis of how
Federal agencies are using small businesses that
have completed Phase II under the STTR program to
fulfill their procurement needs;
``(v) an analysis of whether additional funds
could be employed effectively by the STTR program;
and
``(vi) <<NOTE: Assessment.>> an assessment of
the systems and minimum performance standards
relating to commercialization success established
under section 9(qq) of the Small Business Act;
``(C) <<NOTE: Recommenda- tions.>> make
recommendations with respect to the issues described in
subparagraphs (A), (D), and (E) of subsection (a)(2) and
subparagraph (B) of this paragraph; and
``(D) estimate, to the extent practicable, the
number of jobs created by the SBIR program or STTR
program of the agency.
[[Page 125 STAT. 1851]]
``(2) Consultation.--An agreement under paragraph (1) shall
require the National Research Council to ensure that there is
participation by and consultation with the small business
community, the Administration, and other interested parties as
described in subsection (b).
``(3) Reporting.--An agreement under paragraph (1) shall
require that not later than 4 years after the date of enactment
of the SBIR/STTR Reauthorization Act of 2011, and every 4 years
thereafter, the National Research Council shall submit to the
head of the agency entering into the agreement, the Committee on
Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business and the Committee on Science, Space,
and Technology of the House of Representatives, a report
regarding the study conducted under paragraph (1) and containing
the recommendations described in paragraph (1).''.
SEC. 5138. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(kk) Phase III Reporting.--The annual SBIR or STTR report to
Congress by the Administration under subsection (b)(7) shall include,
for each Phase III award--
``(1) the name of the agency or component of the agency or
the non-Federal source of capital making the Phase III award;
``(2) the name of the small business concern or individual
receiving the Phase III award; and
``(3) the dollar amount of the Phase III award.''.
SEC. 5139. INTELLECTUAL PROPERTY PROTECTIONS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the SBIR program to assess whether--
(1) Federal agencies comply with the data rights protections
for SBIR awardees and the technologies of SBIR awardees under
section 9 of the Small Business Act (15 U.S.C. 638);
(2) the laws and policy directives intended to clarify the
scope of data rights, including in prototypes, mentor-protege
relationships, and agreements with Federal laboratories, are
sufficient to protect SBIR awardees; and
(3) there is an effective grievance tracking process for
SBIR awardees who have grievances against a Federal agency
regarding data rights and a process for resolving those
grievances.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business and the Committee on Science, Space, and Technology of the
House of Representatives a report regarding the study conducted under
subsection (a).
SEC. 5140. OBTAINING CONSENT FROM SBIR AND STTR APPLICANTS TO
RELEASE CONTACT INFORMATION TO ECONOMIC
DEVELOPMENT ORGANIZATIONS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(ll) Consent To Release Contact Information to Organizations.--
[[Page 125 STAT. 1852]]
``(1) Enabling concern to give consent.--Each Federal agency
required by this section to conduct an SBIR program or an STTR
program shall enable a small business concern that is an SBIR
applicant or an STTR applicant to indicate to the Federal agency
whether the Federal agency has the consent of the concern to--
``(A) identify the concern to appropriate local and
State-level economic development organizations as an
SBIR applicant or an STTR applicant; and
``(B) release the contact information of the concern
to such organizations.
``(2) Rules.--The Administrator shall establish rules to
implement this subsection. The rules shall include a requirement
that a Federal agency include in the SBIR and STTR application a
provision through which the applicant can indicate consent for
purposes of paragraph (1).''.
SEC. 5141. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, OVERSIGHT,
AND CONTRACT PROCESSING COSTS.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C.
638), as amended by this title, is further amended by adding at the end
the following:
``(mm) Assistance for Administrative, Oversight, and Contract
Processing Costs.--
``(1) <<NOTE: Effective date.>> In general.--Subject to
paragraph (3), for the 3 fiscal years beginning after the date
of enactment of this subsection, the Administrator shall allow
each Federal agency required to conduct an SBIR program to use
not more than 3 percent of the funds allocated to the SBIR
program of the Federal agency for--
``(A) the administration of the SBIR program or the
STTR program of the Federal agency;
``(B) the provision of outreach and technical
assistance relating to the SBIR program or STTR program
of the Federal agency, including technical assistance
site visits, personnel interviews, and national
conferences;
``(C) the implementation of commercialization and
outreach initiatives that were not in effect on the date
of enactment of this subsection;
``(D) carrying out the program under subsection (y);
``(E) activities relating to oversight and
congressional reporting, including waste, fraud, and
abuse prevention activities;
``(F) targeted reviews of recipients of awards under
the SBIR program or STTR program of the Federal agency
that the head of the Federal agency determines are at
high risk for fraud, waste, or abuse to ensure
compliance with requirements of the SBIR program or STTR
program, respectively;
``(G) the implementation of oversight and quality
control measures, including verification of reports and
invoices and cost reviews;
``(H) carrying out subsection (dd);
``(I) contract processing costs relating to the SBIR
program or STTR program of the Federal agency; and
``(J) funding for additional personnel and
assistance with application reviews.
[[Page 125 STAT. 1853]]
``(2) Outreach and technical assistance.--
``(A) In general.--Except as provided in
subparagraph (B), a Federal agency participating in the
program under this subsection shall use a portion of the
funds authorized for uses under paragraph (1) to carry
out the policy directive required under subsection
(j)(2)(F) and to increase the participation of States
with respect to which a low level of SBIR awards have
historically been awarded.
``(B) Waiver.--A Federal agency may request the
Administrator to waive the requirement contained in
subparagraph (A). Such request shall include an
explanation of why the waiver is necessary.
The <<NOTE: Determination.>> Administrator may grant
the waiver based on a determination that the agency has
demonstrated a sufficient need for the waiver, that the
outreach objectives of the agency are being met, and
that there is increased participation by States with
respect to which a low level of SBIR awards have
historically been awarded.
``(3) Performance criteria.--A Federal agency may not use
funds as authorized under paragraph (1) until after the
effective date of performance criteria, which the Administrator
shall establish, to measure any benefits of using funds as
authorized under paragraph (1) and to assess continuation of the
authority under paragraph (1).
``(4) <<NOTE: Deadline.>> Rules.--Not later than 180 days
after the date of enactment of this subsection, the
Administrator shall issue rules to carry out this subsection.
``(5) Coordination with ig.--Each Federal agency shall
coordinate the activities funded under subparagraph (E), (F), or
(G) of paragraph (1) with their respective Inspectors General,
when appropriate, and each Federal agency that allocates more
than $50,000,000 to the SBIR program of the Federal agency for a
fiscal year may share such funding with its Inspector General
when the Inspector General performs such activities.
``(6) Reporting.--The Administrator shall collect data and
provide to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business, the Committee
on Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives a report on the
use of funds under this subsection, including funds used to
achieve the objectives of paragraph (2)(A) and any use of the
waiver authority under paragraph (2)(B).''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 9 of the Small Business Act (15
U.S.C. 638), as amended by this title, is further amended--
(A) in subsection (f)(2), by striking ``shall not''
and all that follows through ``make available for the
purpose'' and inserting ``shall not make available for
the purpose''; and
(B) in subsection (y)--
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) and (6)
as paragraphs (4) and (5), respectively.
(2) <<NOTE: Applicability.>> Transitional rule.--
Notwithstanding the amendments made by paragraph (1),
subsections (f)(2) and (y)(4) of section 9 of the Small Business
Act (15 U.S.C. 638), as in effect on the day before the date of
enactment of this Act,
[[Page 125 STAT. 1854]]
shall continue to apply to each Federal agency until the
effective date of the performance criteria established by the
Administrator under subsection (mm)(3) of section 9 of the Small
Business Act, as added by subsection (a).
(3) Prospective repeal.--Effective <<NOTE: Effective
date.>> on the first day of the fourth full fiscal year
following the date of enactment of this Act, section 9 of the
Small Business Act (15 U.S.C. 638), as amended by paragraph (1)
of this section, is amended--
(A) in subsection (f)(2), by striking ``shall not
make available for the purpose'' and inserting the
following: ``shall not--
``(A) use any of its SBIR budget established
pursuant to paragraph (1) for the purpose of funding
administrative costs of the program, including costs
associated with salaries and expenses; or
``(B) make available for the purpose''; and
(B) in subsection (y)--
(i) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(ii) by inserting after paragraph (3) the
following:
``(4) Funding.--
``(A) In general.--The Secretary of Defense and each
Secretary of a military department may use not more than
an amount equal to 1 percent of the funds available to
the Department of Defense or the military department
pursuant to the Small Business Innovation Research
Program for payment of expenses incurred to administer
the Commercialization Readiness Program under this
subsection.
``(B) Limitations.--The funds described in
subparagraph (A)--
``(i) shall not be subject to the limitations
on the use of funds in subsection (f)(2); and
``(ii) shall not be used to make Phase III
awards.''.
SEC. 5142. <<NOTE: 15 USC 638a.>> GAO STUDY WITH RESPECT TO
VENTURE CAPITAL OPERATING COMPANY, HEDGE
FUND, AND PRIVATE EQUITY FIRM
INVOLVEMENT.
Not <<NOTE: Deadlines.>> later than 3 years after the date of
enactment of this Act, and every 3 years thereafter, the Comptroller
General of the United States shall--
(1) conduct a study of the impact of requirements relating
to venture capital operating company, hedge fund, and private
equity firm involvement under section 9 of the Small Business
Act; and
(2) <<NOTE: Reports.>> submit to Congress a report
regarding the study conducted under paragraph (1).
SEC. 5143. <<NOTE: 15 USC 638b.>> REDUCING VULNERABILITY OF SBIR
AND STTR PROGRAMS TO FRAUD, WASTE, AND
ABUSE.
(a) Fraud, Waste, and Abuse Prevention.--
(1)Amendments required for fraud, waste, and abuse
prevention.--Not <<NOTE: Deadline.>> later than 90 days after
the date of enactment of this Act, the Administrator shall amend
the SBIR Policy Directive and the STTR Policy Directive to
include measures to prevent fraud, waste, and abuse in the SBIR
program and the STTR program.
[[Page 125 STAT. 1855]]
(2) Content of amendments.--The amendments required under
paragraph (1) shall include--
(A) definitions or descriptions of fraud, waste, and
abuse;
(B) <<NOTE: Guidelines.>> guidelines for the
monitoring and oversight of applicants to and recipients
of awards under the SBIR program or the STTR program;
(C) a requirement that each Federal agency that
participates in the SBIR program or STTR program include
information concerning the method established by the
Inspector General of the Federal agency to report fraud,
waste, and abuse (including any telephone hotline or
Web-based platform)--
(i) on the Web site of the Federal agency; and
(ii) in any solicitation or notice of funding
opportunity issued by the Federal agency for the
SBIR program or the STTR program; and
(D) <<NOTE: Certification.>> a requirement that
each applicant for and small business concern that
receives funding under the SBIR program or the STTR
program shall certify whether the applicant or small
business concern is in compliance with the laws relating
to the SBIR program and the STTR program and the conduct
guidelines established under the SBIR Policy Directive
and the STTR Policy Directive.
(3) <<NOTE: Procedures. Requirements. Notice. Public
comment.>> Consultation.--The Administrator shall develop, in
consultation with the Council of Inspectors General on Integrity
and Efficiency, the procedures and requirements for the
certification set forth under paragraph (2)(D) after providing
notice of and an opportunity for public comment on such
procedures and requirements.
(4) Certification.--The certification developed under
paragraph (3) may--
(A) cover the lifecycle of an award to require
certifications at the application, funding, reporting,
and closeout phases of every SBIR and STTR award;
(B) require the small business concern to certify
compliance with the ``principal investigator primary
employment'' requirement, the ``small business concern''
definition requirement, and the ``performance of work''
requirements as set forth in the Directive applicable to
the award;
(C) require the small business concern to disclose
whether it has applied for, plans to apply for, or
received an SBIR or STTR award for identical or
essentially equivalent work (as defined under the SBIR
Policy Directive and the STTR Policy Directive), and
require the concern to certify that the award that it is
applying for or obtaining funding for is not identical
or essentially equivalent to work it has performed, or
will perform, in connection with any other SBIR or STTR
award that the concern has applied for or received from
any other agency except as fully disclosed to all
funding agencies; and
(D) require that the small business concern certify
that it will or did perform the work on the award at its
facilities with its employees, unless otherwise
indicated.
(5) Inspectors general.--The Inspector General of each
Federal agency that participates in the SBIR program or STTR
[[Page 125 STAT. 1856]]
program shall cooperate to prevent fraud, waste, and abuse in
the SBIR program and the STTR program by--
(A) establishing fraud detection indicators;
(B) reviewing regulations and operating procedures
of the Federal agency;
(C) coordinating information sharing between Federal
agencies, to the extent otherwise permitted under
Federal law; and
(D) improving the education and training of and
outreach to--
(i) administrators of the SBIR program and the
STTR program of the Federal agency;
(ii) applicants to the SBIR program or the
STTR program; and
(iii) recipients of awards under the SBIR
program or the STTR program.
(b) Study and Report.--Not later than 1 year after the date of
enactment of this Act to establish a baseline of changes made to the
program to fight fraud, waste, and abuse, and every 4 years thereafter
to evaluate the effectiveness of the agency strategies, the Comptroller
General of the United States shall--
(1) conduct a study that evaluates--
(A) the implementation by each Federal agency that
participates in the SBIR program or the STTR program of
the amendments to the SBIR Policy Directive and the STTR
Policy Directive made pursuant to subsection (a);
(B) the effectiveness of the management information
system of each Federal agency that participates in the
SBIR program or STTR program in identifying duplicative
SBIR and STTR projects;
(C) the effectiveness of the risk management
strategies of each Federal agency that participates in
the SBIR program or STTR program in identifying areas of
the SBIR program or the STTR program that are at high
risk for fraud;
(D) technological tools that may be used to detect
patterns of behavior that may indicate fraud by
applicants to the SBIR program or the STTR program;
(E) the success of each Federal agency that
participates in the SBIR program or STTR program in
reducing fraud, waste, and abuse in the SBIR program or
the STTR program of the Federal agency;
(F) the extent to which the Inspector General of
each Federal agency that participates in the SBIR and
STTR program effectively conducts investigations,
audits, inspections, and outreach relating to the SBIR
and STTR programs of the Federal agency; and
(G) the effectiveness of the Government and public
databases described in section 9(k) of the Small
Business Act (15 U.S.C. 638(k)) in reducing
vulnerabilities of the SBIR program and the STTR program
to fraud, waste, and abuse, particularly with respect to
Federal agencies funding duplicative proposals and
business concerns falsifying information in proposals;
and
(2) submit to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Small Business
and the Committee on Science, Space, and Technology
[[Page 125 STAT. 1857]]
of the House of Representatives, and the head of each Federal
agency that participates in the SBIR program or STTR program a
report on the results of the study conducted under paragraph
(1).
(c) Inspector General Reports.--Not later than October 1 of each
year, the Inspector General of each Federal agency that participates in
the SBIR program or STTR program shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business and the Committee on Science, Space, and Technology of the
House of Representatives a report describing--
(1) the number of cases referred to the Inspector General in
the preceding year that related to fraud, waste, or abuse with
respect to the SBIR program or STTR program;
(2) the actions taken in each case described in paragraph
(1) if fraud, waste, or abuse was determined to have occurred;
(3) if no action was taken in a case described in paragraph
(1) and fraud, waste, or abuse was determined to have occurred,
the justification for action not being taken; and
(4) an accounting of the funds used to address fraud, waste,
and abuse, including a description of personnel and resources
funded and funds that were recovered or saved.
SEC. 5144. SIMPLIFIED PAPERWORK REQUIREMENTS.
Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) is
amended--
(1) in the subsection heading, by striking ``Simplified
Reporting Requirements'' and inserting ``Reducing Paperwork and
Compliance Burden'';
(2) by striking ``The Administrator'' and inserting the
following:
``(1) Standardization of reporting requirements.--The
Administrator''; and
(3) by adding at the end the following:
``(2) Simplification of application and award process.--
Not <<NOTE: Deadline. Public
comment. Regulations. Guidelines.>> later than 1 year after the
date of enactment of this paragraph, and after a period of
public comment, the Administrator shall issue regulations or
guidelines, taking into consideration the unique needs of each
Federal agency, to ensure that each Federal agency required to
carry out an SBIR program or STTR program simplifies and
standardizes the program proposal, selection, contracting,
compliance, and audit procedures for the SBIR program or STTR
program of the Federal agency (including procedures relating to
overhead rates for applicants and documentation requirements) to
reduce the paperwork and regulatory compliance burden on small
business concerns applying to and participating in the SBIR
program or STTR program.''.
Subtitle D--Policy Directives
SEC. 5151. <<NOTE: 15 USC 638 note.>> CONFORMING AMENDMENTS TO THE
SBIR AND THE STTR POLICY DIRECTIVES.
(a) In General.--Not <<NOTE: Deadline.>> later than 180 days after
the date of enactment of this Act, the Administrator shall promulgate
amendments to the SBIR Policy Directive and the STTR Policy Directive
[[Page 125 STAT. 1858]]
to conform such directives to this title and the amendments made by this
title.
(b) Publishing SBIR Policy Directive and the STTR Policy Directive
in the Federal Register.--Not <<NOTE: Deadline.>> later than 180 days
after the date of enactment of this Act, the Administrator shall publish
the amended SBIR Policy Directive and the amended STTR Policy Directive
in the Federal Register.
Subtitle E--Other Provisions
SEC. 5161. REPORT ON SBIR AND STTR PROGRAM GOALS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(nn) Annual Report on SBIR and STTR Program Goals.--
``(1) Development of metrics.--The head of each Federal
agency required to participate in the SBIR program or the STTR
program shall develop metrics to evaluate the effectiveness and
the benefit to the people of the United States of the SBIR
program and the STTR program of the Federal agency that--
``(A) are science-based and statistically driven;
``(B) reflect the mission of the Federal agency; and
``(C) include factors relating to the economic
impact of the programs.
``(2) Evaluation.--The head of each Federal agency described
in paragraph (1) shall conduct an annual evaluation using the
metrics developed under paragraph (1) of--
``(A) the SBIR program and the STTR program of the
Federal agency; and
``(B) the benefits to the people of the United
States of the SBIR program and the STTR program of the
Federal agency.
``(3) Report.--
``(A) In general.--The head of each Federal agency
described in paragraph (1) shall submit to the
appropriate committees of Congress and the Administrator
an annual report describing in detail the results of an
evaluation conducted under paragraph (2).
``(B) <<NOTE: Web posting.>> Public availability of
report.--The head of each Federal agency described in
paragraph (1) shall make each report submitted under
subparagraph (A) available to the public online.
``(C) Definition.--In this paragraph, the term
`appropriate committees of Congress' means--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business and the
Committee on Science, Space, and Technology of the
House of Representatives.''.
SEC. 5162. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR
PROGRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(oo) Competitive Selection Procedures for SBIR and STTR
Programs.--All funds awarded, appropriated, or otherwise
[[Page 125 STAT. 1859]]
made available in accordance with subsection (f) or (n) must be awarded
pursuant to competitive and merit-based selection procedures.''.
SEC. 5163. LOAN RESTRICTIONS.
Not later <<NOTE: Deadline. Reports.>> than 180 days after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Small Business and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate a report analyzing what
restrictions, conditions, or covenants contained in a note, bond,
debenture, other evidence of indebtedness, or preferred stock should
constitute affiliation under section 121.103(a) of title 13, Code of
Federal Regulations, for purposes of section 9 of the Small Business Act
(15 U.S.C. 638).
SEC. 5164. LIMITATION ON PILOT PROGRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(pp) <<NOTE: Time periods.>> Limitation on Pilot Programs.--
``(1) Existing pilot programs.--The Administrator may only
carry out a covered pilot program that is in operation on the
date of enactment of this subsection during the 3-year period
beginning on such date of enactment.
``(2) New pilot programs.--The Administrator may only carry
out a covered pilot program established after the date of
enactment of this subsection--
``(A) during the 3-year period beginning on the date
on which such program is established; and
``(B) if such program does not continue and is not
based on, in any manner, a previously established
covered pilot program.
``(3) Covered pilot program defined.--In this subsection,
the term `covered pilot program' means any initiative, project,
innovation, or other activity--
``(A) established by the Administrator;
``(B) relating to an SBIR or STTR program; and
``(C) not specifically authorized by law.''.
SEC. 5165. COMMERCIALIZATION SUCCESS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(qq) Minimum Standards for Participation.--
``(1) Progress to phase ii success.--
``(A) Establishment of system and minimum
commercialization rate.--Not <<NOTE: Deadline.>> later
than 1 year after the date of enactment of this
subsection, the head of each Federal agency
participating in the SBIR or STTR program shall--
``(i) establish a system to measure, where
appropriate, the success of small business
concerns with respect to the receipt of Phase II
SBIR or STTR awards for projects that have
received Phase I SBIR or STTR awards;
``(ii) establish a minimum performance
standard for small business concerns with respect
to the receipt of Phase II SBIR or STTR awards for
projects that have received Phase I SBIR or STTR
awards; and
[[Page 125 STAT. 1860]]
``(iii) begin evaluating, each fiscal year,
whether each small business concern that received
a Phase I SBIR or STTR award from the agency meets
the minimum performance standard established under
clause (ii).
``(B) Consequence of failure to meet minimum
commercialization rate.--If <<NOTE: Determination. Time
period.>> the head of a Federal agency determines that
a small business concern that received a Phase I SBIR or
STTR award from the agency is not meeting the minimum
performance standard established under subparagraph
(A)(ii), such concern may not participate in Phase I (or
Phase II if under the authority of subsection (cc)) of
the SBIR or STTR program of that agency during the 1-
year period beginning on the date on which such
determination is made.
``(2) Progress to phase iii success.--
``(A) Establishment of system and minimum
commercialization rate.--Not <<NOTE: Deadline.>> later
than 2 years after the date of enactment of this
subsection, the head of each Federal agency
participating in the SBIR or STTR program shall--
``(i) establish a system to measure, where
appropriate, the success of small business
concerns with respect to the receipt of Phase III
SBIR or STTR awards for projects that have
received Phase I SBIR or STTR awards;
``(ii) establish a minimum performance
standard for small business concerns with respect
to the receipt of Phase III SBIR or STTR awards
for projects that have received Phase I SBIR or
STTR awards; and
``(iii) begin evaluating, each fiscal year,
whether each small business concern that received
a Phase I SBIR or STTR award from the agency meets
the minimum performance standard established under
clause (ii).
``(B)Consequence of failure to meet minimum
commercialization rate.--If <<NOTE: Determination. Time
period.>> the head of a Federal agency determines that
a small business concern that received a Phase I SBIR or
STTR award from the agency is not meeting the minimum
performance standard established under subparagraph
(A)(ii), such concern may not participate in Phase I (or
Phase II if under the authority of subsection (cc)) of
the SBIR or STTR program of that agency during the 1-
year period beginning on the date on which such
determination is made.
``(3) Administration oversight.--
``(A) Approval and publication of systems and
minimum performance standards.--Each system and minimum
performance standard established under paragraph (1) or
paragraph (2) shall be submitted by the head of the
applicable Federal agency to the Administrator and shall
be subject to the approval of
the <<NOTE: Determination.>> Administrator. In making a
determination with respect to approval, the
Administrator shall ensure that the minimum performance
standard exceeds a de minimis <<NOTE: Web
posting.>> level. The Administrator shall publish on the
Internet Web site of the Administration the systems and
minimum performance standards approved.
[[Page 125 STAT. 1861]]
``(B) Submission of evaluation results by agency.--
The head of each covered Federal agency shall submit to
the Administrator the results of each evaluation
conducted under paragraph (1) or paragraph (2).
``(4) <<NOTE: Time period.>> Requirement of notice and
comment.--Each system and minimum performance standard
established under paragraph (1) or paragraph (2) and each
approval provided by the Administrator under paragraph (3)(A),
at least 60 days before becoming effective, shall be preceded by
the provision of notice of and an opportunity for public comment
on such system, standard, or approval.''.
SEC. 5166. PUBLICATION OF CERTAIN INFORMATION.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(rr) Publication of Certain Information.--In <<NOTE: Web site.>>
order to increase the number of small businesses receiving awards under
the SBIR or STTR programs of participating agencies, and to simplify the
application process for such awards, the Administrator shall establish
and maintain a public Internet Web site on which the Administrator shall
publish such information relating to notice of and application for
awards under the SBIR program and STTR program of each participating
Federal agency as the Administrator determines appropriate.''.
SEC. 5167. REPORT ON ENHANCEMENT OF MANUFACTURING ACTIVITIES.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this title, is further amended by adding at the end the following:
``(ss) Report on Enhancement of Manufacturing Activities.--Not later
than October 1, 2013, and annually thereafter, the head of each Federal
agency that makes more than $50,000,000 in awards under the SBIR and
STTR programs of the agency combined shall submit to the Administrator,
for inclusion in the annual report required under subsection (b)(7),
information that includes--
``(1) a description of efforts undertaken by the head of the
Federal agency to enhance United States manufacturing
activities;
``(2) a comprehensive description of the actions undertaken
each year by the head of the Federal agency in carrying out the
SBIR or STTR program of the agency in support of Executive Order
13329 (69 Fed. Reg. 9181; relating to encouraging innovation in
manufacturing);
``(3) an assessment of the effectiveness of the actions
described in paragraph (2) at enhancing the research and
development of United States manufacturing technologies and
processes;
``(4) a description of efforts by vendors selected to
provide discretionary technical assistance under subsection
(q)(1) to help SBIR and STTR concerns manufacture in the United
States; and
``(5) recommendations that the program managers of the SBIR
or STTR program of the agency consider appropriate for
additional actions to increase the effectiveness of enhancing
manufacturing activities.''.
[[Page 125 STAT. 1862]]
SEC. 5168. <<NOTE: 15 USC 638 note.>> COORDINATION OF THE SBIR
PROGRAM AND THE EXPERIMENTAL PROGRAM TO
STIMULATE COMPETITIVE RESEARCH.
(a) Coordination Required.--The head of a Federal agency that
participates in the SBIR program and the Experimental Program to
Stimulate Competitive Research or the Institutional Development Award
Program shall coordinate, to the extent possible, the initiatives of the
agency with respect to such programs.
(b) Coordination Report.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency that participates
in the SBIR program and the Experimental Program to Stimulate
Competitive Research or the Institutional Development Award Program
shall submit to the Administrator, the Committee on Small Business and
the Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Small Business and
Entrepreneurship of the Senate a report describing the actions taken
during the preceding 1-year period to increase coordination between such
programs to maximize existing resources.
(c) Participation Report.--Not later than 3 years after the date of
enactment of this Act, the head of each Federal agency that participates
in the SBIR program and the Experimental Program to Stimulate
Competitive Research or the Institutional Development Award Program
shall submit to the Administrator, the Committee on Small Business and
the Committee on Science, Space, and Technology of the House of
Representatives, and the Committee on Small Business and
Entrepreneurship of the Senate a report analyzing whether actions taken
to increase the coordination of such programs have been successful in
attracting entrepreneurs into the SBIR program and increasing the
participation of States with respect to which a low level of SBIR awards
have historically been awarded.
Approved December 31, 2011.
LEGISLATIVE HISTORY--H.R. 1540 (S. 1867):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-78 and Pt. 2 (Comm. on Armed Services) and 112-
329 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 157 (2011):
May 24-26, considered and passed House.
Dec. 1, considered and passed Senate, amended, in lieu of S.
1867.
Dec. 14, House agreed to conference report.
Dec. 15, Senate agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011):
Dec. 31, Presidential statement.
<all>