Text: H.R.1540 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-81 (12/31/2011)




[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'';