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   112th Congress 1st

         Session        HOUSE OF REPRESENTATIVES        Report
                                                       112-329
_______________________________________________________________________

 
        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

                               ----------                             


                           CONFERENCE REPORT

                              to accompany

                               H.R. 1540









               December 12, 2011.--Ordered to be printed
        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

112th Congress
 1st Session            HOUSE OF REPRESENTATIVES                 Report
                                                                112-329
_______________________________________________________________________


        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 1540








               December 12, 2011.--Ordered to be printed
                            C O N T E N T S

                              ----------                             

                                                                   Page
Compliance with House of Representatives and Senate Rules........   573
    Explanation of funding summary...............................   573
DIVISION A--DEPARTMENT OF DEFENCE AUTHORIZATIONS.................   580
Title I--Procurement.............................................   580
    Subtitle A--Authorization of Appropriations..................   580
        Authorization of appropriations (sec. 101)...............   580
    Subtitle B--Army Programs....................................   580
        Limitation on procurement of Stryker combat vehicles

          (sec. 111).............................................   580
        Limitation on retirement of C-23 aircraft (sec. 112).....   580
        Multiyear procurement authority for airframes for Army

          UH-60M/HH-60M helicopters and Navy MH-60R/MH-60S

          helicopters (sec. 113).................................   581
    Subtitle C--Navy Programs....................................   581
        Multiyear procurement authority for mission avionics and

          common cockpits for Navy MH-60R/S helicopters (sec.

          121)...................................................   581
        Separate procurement line item for certain Littoral

          Combat Ship mission modules (sec. 122).................   581
        Life-cycle cost-benefit analysis on alternative

          maintenance and sustainability plans for the Littoral

          Combat Ship program (sec. 123).........................   581
        Extension of Ford-class aircraft carrier construction

          authority (sec. 124)...................................   582
    Subtitle D--Air Force Programs...............................   582
        Strategic airlift aircraft force structure (sec. 131)....   582
        Limitations on the use of funds to retire B-1 bomber

          aircraft (sec. 132)....................................   582
        Limitation on retirement of U-2 aircraft (sec. 133)......   582
        Availability of fiscal year 2011 funds for research and

          development relating to the B-2 bomber aircraft (sec.

          134)...................................................   583
        Availability of fiscal year 2011 funds to support

          alternative options for extremely high frequency

          terminal Increment 1 program of record (sec. 135)......   584
        Procurement of advanced extremely high frequency

          satellites (sec. 136)..................................   584
    Subtitle E--Joint and Multiservice Matters...................   585
        Limitation on availability of funds for acquisition of

          joint tactical radio system (sec. 141).................   585
        Limitation on availability of funds for aviation foreign

          internal defense program (sec. 142)....................   585
        F-35 Joint Strike Fighter aircraft (sec. 143)............   585
        Additional oversight requirements for the undersea

          mobility acquisition program of the United States

          Special Operations Command (sec. 144)..................   585
        Inclusion of information on approved Combat Mission

          Requirements in quarterly reports on use of Combat

          Mission Requirement Funds (sec. 145)...................   586
        Joint Surveillance Target Attack Radar System aircraft

          re-engining program (sec. 146).........................   586
        Authority for exchange with United Kingdom of specified

          F-35 Lightning II Joint Strike Fighter aircraft (sec.

          147)...................................................   586
        Report on probationary period in development of short

          take-off, vertical landing variant of the Joint Strike

          Fighter (sec. 148).....................................   587
        Report on plan to implement Weapon Systems Acquisition

          Reform Act of 2009 measures within the Joint Strike

          Fighter aircraft program (sec. 149)....................   587
    Legislative Provisions Not Adopted...........................   587
        Multiyear funding for detail design and construction of

          LHA replacement ship designated LHA-7..................   587
        Multiyear funding for procurement of Arleigh Burke-class

          destroyers.............................................   587
        Limitation on availability of funds for F/A-18 service

          life extension program.................................   588
        Contracts for commercial imaging satellite capabilities..   588
        Limitation on availability of funds for commercial

          satellite procurement..................................   588
        Separate procurement line item for non-lethal weapons

          funding................................................   588
        Study on domestic capacity for manufacture of ship shafts

          and other forged components............................   588
        Transfer of Air Force C-12 Liberty Intelligence,

          Surveillance, and Reconnaissance Aircraft to the Army..   589
Title II--Research, Development, Test, and Evaluation............   590
    Budget Item..................................................   590
        Armored multipurpose vehicle program.....................   590
    Subtitle A--Authorization of Appropriations..................   590
        Authorization of appropriations (sec. 201)...............   590
    Subtitle B--Program Requirements, Restrictions, and

      Limitations................................................   590
        Limitation on availability of funds for the ground combat

          vehicle program (sec. 211).............................   590
        Limitation on the individual carbine program (sec. 212)..   591
        Limitation on availability of funds for future unmanned

          carrier-based strike system (sec. 213).................   591
        Limitation on availability of funds for amphibious

          assault vehicles of the Marine Corps (sec. 214)........   592
        Limitation on obligation of funds for the F-35 Lightning

          II aircraft program (sec. 215).........................   592
        Limitation on use of funds for Increment 2 of B-2 bomber

          aircraft extremely high frequency satellite

          communications program (sec. 216)......................   593
        Limitation on availability of funds for the Joint Space

          Operations Center management system (sec. 217).........   593
        Limitation on availability of funds for wireless

          innovation fund (sec. 218).............................   593
        Prohibition on delegation of budgeting authority for

          certain research and educational programs (sec. 219)...   594
        Designation of main propulsion turbomachinery of the

          next-generation long-range strike bomber aircraft as

          major subprogram (sec. 220)............................   594
        Designation of electromagnetic aircraft launch system

          development and procurement program as major subprogram

          (sec. 221).............................................   594
        Advanced rotorcraft flight research and development (sec.

          222)...................................................   594
        Preservation and storage of certain property related to

          F136 propulsion system (sec. 223)......................   595
    Subtitle C--Missile Defense Programs.........................   595
        Acquisition accountability reports on the ballistic

          missile defense system (sec. 231)......................   595
        Comptroller General review and assessment of missile

          defense acquisition programs (sec. 232)................   595
        Homeland defense hedging policy and strategy (sec. 233)..   595
        Ground-based Midcourse Defense program (sec. 234)........   596
        Limitation on availability of funds for the Medium

          Extended Air Defense System (sec. 235).................   596
        Sense of Congress regarding ballistic missile defense

          training (sec. 236)....................................   597
    Subtitle D--Reports..........................................   597
        Extension of requirements for biennial roadmap and annual

          review and certification on funding for development of

          hypersonics (sec. 241).................................   597
        Report and cost assessment of options for Ohio-class

          replacement ballistic missile submarine (sec. 242).....   597
        Report on the electromagnetic rail gun system (sec. 243).   598
        Annual Comptroller General report on the KC-46A aircraft

          acquisition program (sec. 244).........................   598
        Independent review and assessment of cryptographic

          modernization program (sec. 245).......................   598
        Report on increased budget items (sec. 246)..............   599
    Subtitle E--Other Matters....................................   599
        Repeal of requirement for Technology Transition

          Initiative (sec. 251)..................................   599
        Contractor cost-sharing in pilot program to include

          technology protection features during research and

          development of certain defense systems (sec. 252)......   599
        Extension of authority for mechanisms to provide funds

          for defense laboratories for research and development

          of technologies for military missions (sec. 253).......   599
        National defense education program (sec. 254)............   600
        Laboratory facilities, Hanover, New Hampshire (sec. 255).   600
        Sense of Congress on active matrix organic light emitting

          diode technology (sec. 256)............................   600
    Legislative Provisions Not Adopted...........................   600
        Study on space-based interceptor technology..............   600
        Application of RNA biological and functional science and

          technology.............................................   601
        Prohibition on use of funds for newly designed flight

          suit...................................................   601
        Prohibitions relating to use of funds for research,

          development, test, and evaluation on the F136 engine...   601
Title III--Operation and Maintenance.............................   601
    Subtitle A--Authorization of Appropriations..................   601
        Operation and maintenance funding (sec. 301).............   601
    Subtitle B--Energy and Environmental Provisions..............   601
        Designation of senior official of Joint Chiefs of Staff

          for operational energy plans and programs and

          operational energy budget certification (sec. 311).....   601
        Improved Sikes Act coverage of State-owned facilities

          used for the national defense (sec. 312)...............   602
        Discharge of wastes at sea generated by ships of the

          armed forces (sec. 313)................................   602
        Modification to the responsibilities of the Assistant

          Secretary of Defense for Operational Energy, Plans, and

          Programs (sec. 314)....................................   602
        Energy-efficient technologies in contracts for logistics

          support of contingency operations (sec. 315)...........   602
        Health assessment reports required when waste is disposed

          of in open-air burn pits (sec. 316)....................   603
        Streamlined annual report on defense environmental

          programs (sec. 317)....................................   603
        Payment to Environmental Protection Agency of stipulated

          penalties in connection with Jackson Park Housing

          Complex, Washington (sec. 318).........................   603
        Requirements relating to Agency for Toxic Substances and

          Disease Registry investigation of exposure to drinking

          water contamination at Camp Lejeune, North Carolina

          (sec. 319).............................................   603
        Fire suppression agents (sec. 320).......................   603
    Subtitle C--Logistics and Sustainment........................   604
        Definition of depot-level maintenance and repair (sec.

          321)...................................................   604
        Designation of military arsenal facilities as Centers of

          Industrial and Technical Excellence (sec. 322).........   604
        Permanent and expanded authority for Army industrial

          facilities to enter into certain cooperative

          arrangements with non-Army entities (sec. 323).........   604
        Implementation of corrective actions resulting from

          corrosion study of the F-22 and F-35 aircraft (sec.

          324)...................................................   605
        Modification of requirements relating to minimum capital

          investment for certain depots (sec. 325)...............   605
        Reports on depot-related activities (sec. 326)...........   606
        Core depot-level maintenance and repair capabilities

          (sec. 327).............................................   606
    Subtitle D--Readiness........................................   606
        Modification of Department of Defense authority to accept

          voluntary contributions of funds (sec. 331)............   606
        Review of proposed structures affecting navigable

          airspace (sec. 332)....................................   607
    Subtitle E--Reports..........................................   607
        Annual certification and modifications of annual report

          on prepositioned materiel and equipment (sec. 341).....   607
        Additional matters for inclusion in and modified deadline

          for the annual report on operational energy (sec. 342).   607
        Study on Air Force test and training range infrastructure

          (sec. 343).............................................   607
        Study on training range infrastructure for special

          operations forces (sec. 344)...........................   607
        Guidance to establish non-tactical wheeled vehicle and

          equipment service life extension programs to achieve

          costs savings (sec. 345)...............................   608
        Study on United States force posture in the United States

          Pacific Command area of responsibility (sec. 346)......   608
        Study on overseas basing presence of United States forces

          (sec. 347).............................................   608
        Inclusion of assessment of joint military training and

          force allocations in Quadrennial Defense Review and

          National Military Strategy (sec. 348)..................   608
        Modification of report on procurement of military working

          dogs (sec. 349)........................................   609
    Subtitle F--Limitations and Extension of Authority...........   609
        Adoption of military working dog by family of deceased or

          seriously wounded member of the armed forces who was

          the dog's handler (sec. 351)...........................   609
        Prohibition on expansion of the Air Force food

          transformation initiative (sec. 352)...................   609
        Designation and limitation on obligation and expenditure

          of funds for the migration of Army enterprise email

          services (sec. 353)....................................   609
        One-year extension of pilot program for availability of

          working-capital funds to Army for certain product

          improvements (sec. 354)................................   610
    Subtitle G--Other Matters....................................   610
        Commercial sale of small arms ammunition and small arms

          ammunition components in excess of military

          requirements, and fired cartridge cases (sec. 361).....   610
        Comptroller General review on space-available travel on

          military aircraft (sec. 362)...........................   611
        Authority to provide information for maritime safety of

          forces and hydrographic support (sec. 363).............   611
        Deposit of reimbursed funds under reciprocal fire

          protection agreements (sec. 364).......................   611
        Clarification of the airlift service definitions relative

          to the Civil Reserve Air Fleet (sec. 365)..............   612
        Ratemaking procedures for Civil Reserve Air Fleet

          contracts (sec. 366)...................................   612
        Policy on active shooter training for certain law

          enforcement personnel (sec. 367).......................   612
        Procurement of tents or other temporary structures (sec.

          368)...................................................   612
    Legislative Provisions Not Adopted...........................   612
        Consideration of energy security and reliability in

          development and implementation of energy performance

          goals..................................................   612
        Limitation on revising the definition of depot-level

          maintenance............................................   613
        Redesignation of core competencies as core depot

          maintenance capabilities for Centers of Industrial and

          Technical Excellence...................................   613
        Modification of report on maintenance and repair of

          vessels in foreign shipyards...........................   613
        Working-capital fund accounting..........................   613
        Modification of report on SEAD/DEAD mission requirements

          of the Air Force.......................................   613
        Limitation on obligation and expenditure of funds for

          migration of management of Air Force Enterprise

          Logistics Systems Program Executive Office pending

          cost-benefit analysis..................................   614
        Consideration of foreclosure circumstances in

          adjudication of security clearances....................   614
        Reduction in amounts otherwise authorized to be

          appropriated to the Department of Defense for printing

          and reproduction.......................................   614
        Reduction in amounts otherwise authorized to be

          appropriated to the Department of Defense for studies,

          analysis, and evaluations..............................   614
        Sense of Congress on proposed Federal Aviation

          Administration changes to flight crew member duty and

          rest requirements......................................   615
        Assistance for homeland defense mission training.........   615
Title IV--Military Personnel Authorizations......................   615
    Subtitle A--Active Forces....................................   615
        End strengths for active forces (sec. 401)...............   615
        Revision in permanent active duty end strength minimum

          levels (sec. 402)......................................   616
    Subtitle B--Reserve Forces...................................   616
        End strengths for Selected Reserve (sec. 411)............   616
        End strengths for reserves on active duty in support of

          the reserves (sec. 412)................................   617
        End strengths for military technicians (dual status)

          (sec. 413).............................................   617
        Fiscal year 2012 limitation on number of non-dual status

          technicians (sec. 414).................................   618
        Maximum number of reserve personnel authorized to be on

          active duty for operational support (sec. 415).........   618
    Subtitle C--Authorization of Appropriations..................   619
        Military personnel (sec. 421)............................   619
Title V--Military Personnel Policy...............................   619
    Subtitle A--Officer Personnel Policy.........................   619
        Increase in authorized strengths for Marine Corps

          officers on active duty in grades of major, lieutenant

          colonel, and colonel (sec. 501)........................   619
        General officer and flag officer reform (sec. 502).......   619
        National Defense University outplacement waiver (sec.

          503)...................................................   619
        Voluntary retirement incentive matters (sec. 504)........   620
    Subtitle B--Reserve Component Management.....................   620
        Leadership of National Guard Bureau (sec. 511)...........   620
        Membership of the Chief of the National Guard Bureau on

          the Joint Chiefs of Staff (sec. 512)...................   620
        Modification of time in which preseparation counseling

          must be provided to reserve component members being

          demobilized (sec. 513).................................   621
        Clarification of applicability of authority for deferral

          of mandatory separation of military technicians (dual

          status) until age 60 (sec. 514)........................   621
        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. 515)...................................   621
        Authority for order to active duty of units of the

          Selected Reserve for preplanned missions in support of

          the combatant commands (sec. 516)......................   622
        Modification of eligibility for consideration for

          promotion for reserve officers employed as military

          technicians (dual status) (sec. 517)...................   622
        Consideration of reserve component officers in

          appointments to certain command positions (sec. 518)...   622
        Report on termination of military technician as a

          distinct personnel management category (sec. 519)......   623
    Subtitle C--General Service Authorities......................   623
        Sense of Congress on the unique nature, demands, and

          hardships of military service (sec. 521)...............   623
        Policy addressing dwell time and measurement and data

          collection regarding unit operating tempo and personnel

          tempo (sec. 522).......................................   623
        Protected communications by members of the armed forces

          and prohibition of retaliatory personnel actions (sec.

          523)...................................................   623
        Notification requirement for determination made in

          response to review of proposal for award of Medal of

          Honor not previously submitted in timely fashion (sec.

          524)...................................................   624
        Expansion of regular enlisted members covered by early

          discharge authority (sec. 525).........................   624
        Extension of voluntary separation pay and benefits

          authority (sec. 526)...................................   624
        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.

          527)...................................................   625
        Designation of persons authorized to direct disposition

          of remains of members of the armed forces (sec. 528)...   625
        Matters covered by preseparation counseling for members

          of the Armed Forces and their spouses (sec. 529).......   625
        Conversion of high-deployment allowance from mandatory to

          authorized (sec. 530)..................................   625
        Extension of authority to conduct programs on career

          flexibility to enhance retention of members of the

          armed forces (sec. 531)................................   625
        Policy on military recruitment and enlistment of

          graduates of secondary schools (sec. 532)..............   626
        Department of Defense Suicide Prevention Program (sec.

          533)...................................................   626
    Subtitle D--Military Justice and Legal Matters...............   626
        Reform of offenses relating to rape, sexual assault, and

          other sexual misconduct under the Uniform Code of

          Military Justice (sec. 541)............................   626
        Authority to compel production of documentary evidence

          (sec. 542).............................................   626
        Clarification of application and extent of direct

          acceptance of gifts authority (sec. 543)...............   627
        Freedom of conscience of military chaplains with respect

          to the performance of marriages (sec. 544).............   627
    Subtitle E--Member Education and Training Opportunities and

      Administration.............................................   627
        Employment skills training for members of the armed

          forces on active duty who are transitioning to civilian

          life (sec. 551)........................................   627
        Enhancement of authorities on joint professional military

          education (sec. 552)...................................   628
        Temporary authority to wave maximum age limitation on

          admission to the military service academies (sec. 553).   628
        Enhancement of administration of the United States Air

          Force Institute of Technology (sec. 554)...............   628
        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. 555).............................................   629
        Reserve component mental health stipend (sec. 556).......   629
        Fiscal year 2012 administration and report on the Troops-
          to-Teachers Program (sec. 557).........................   629
        Pilot program on receipt of civilian credentialing for

          skills required for military occupational specialties

          (sec. )................................................   630
        Report on certain education assistance programs (sec.

          559)...................................................   630
    Subtitle F--Armed Forces Retirement Home.....................   630
        Control and administration by Secretary of Defense (sec.

          561)...................................................   630
        Senior Medical Advisor oversight of health care provided

          to residents of Armed Forces Retirement Home (sec. 562)   631
        Establishment of Armed Forces Retirement Home Advisory

          Council and Resident Advisory Committees (sec. 563)....   631
        Administrators, ombudsmen, and staff of facilities (sec.

          564)...................................................   631
        Revision of fee requirements (sec. 565)..................   631
        Revision of inspection requirements (sec. 566)...........   631
        Repeal of obsolete transitional provisions and technical

          conforming, and clerical amendments (sec. 567).........   632
    Subtitle G--Defense Dependents' Education and Military Family

      Readiness Matters..........................................   632
        Impact aid for children with disabilities (sec. 571).....   632
        Continuation of authority to assist local educational

          agencies that benefit dependents of member of the armed

          forces and Department of Defense civilian employees

          (sec. 572).............................................   632
        Three-year extension and enhancement of authorities on

          transition of military dependent students among local

          educational agencies (sec. 573)........................   632
        Revision to membership of Department of Defense Military

          Family Readiness Council (sec. 574)....................   633
        Reemployment rights following certain National Guard duty

          (sec. 575).............................................   633
        Expansion of Operation Hero Miles (sec. 576).............   633
        Report on Department of Defense autism pilot and

          demonstration projects (sec. 577)......................   633
        Comptroller General of the United States report on

          Department of Defense military spouse employment

          programs (sec. 578)....................................   634
    Subtitle H--Improved Sexual Assault Prevention and Response

      in the Armed Forces........................................   634
        Access of sexual assault victims to legal assistance and

          services of sexual assault response coordinators and

          sexual assault victim advocates (sec. 581).............   634
        Consideration of application for permanent change of

          station or unit transfer based on humanitarian

          conditions for victim of sexual assault or related

          offense (sec. 582).....................................   635
        Director of Sexual Assault Prevention and Response Office

          (sec. 583).............................................   635
        Sexual assault response coordinators and sexual assault

          victim advocates (sec. 584)............................   635
        Training and education programs for sexual assault

          prevention and response program (sec. 585).............   635
        Department of Defense policy and procedures on retention

          and access to evidence and records relating to sexual

          assaults involving members for the armed forces (sec.

          586)...................................................   636
    Subtitle I--Other Matters....................................   636
        Department of Defense authority to carry out personnel

          recovery reintegration and post-isolation support

          activities (sec. 588)..................................   636
        Military adaptive sports program (sec. 589)..............   636
        Enhancement and improvement of Yellow Ribbon

          Reintegration Program (sec. 590).......................   637
        Army National Military Cemeteries (sec. 591).............   637
        Inspection of military cemeteries under jurisdiction of

          the military departments (sec. 592)....................   637
        Authorization for award of the Distinguished Service

          Cross for Captain Frederick L. Spaulding for acts of

          valor during the Vietnam War (sec. 593)................   637
        Authorization and request for award of Medal of Honor to

          Emil Kapaun for acts of valor during the Korean War

          (sec. 594).............................................   638
        Review regarding award of Medal of Honor to Jewish

          American World War I veterans (sec. 595)...............   638
        Report on process for expedited determination of

          disability of members of the armed forces with certain

          disabling conditions (sec. 596)........................   638
        Comptroller General study of military necessity of

          Selective Service System and alternatives (sec. 597)...   638
        Evaluation of issues affecting the disposition of remains

          of American sailors killed in the explosion of the

          Ketch U.S.S. Intrepid in Tripoli Harbor on September 4,

          1804 (sec. 598)........................................   639
    Legislative Provisions Not Adopted...........................   639
        Modification of definition of ``joint duty assignment''

          to include all instructor assignments for joint

          training and education.................................   639
        Authorized leave available for members of the armed

          forces upon birth or adoption of a child...............   639
        Navy recruiting and advertising..........................   640
        Limitation on simultaneous deployment to combat zones of

          dual-military couples who have minor dependents........   640
        Procedures for judicial review of military personnel

          decisions relating to correction of military records...   640
        Retroactive award of Army Combat Action Badge............   640
        Additional condition on repeal of Don't Ask, Don't Tell

          policy.................................................   640
        Military regulations regarding marriage..................   641
        Use of military installations as site for marriage

          ceremonies and participation of chaplains and other

          military and civilian personnel in their official

          capacity...............................................   641
        Grade of commissioned officers in uniformed medical

          accession programs.....................................   641
        Appointments to military service academies from

          nominations made by the governor of Puerto Rico........   642
        Consolidation of military department authority to issue

          arms, tentage, and equipment to educational

          institutions not maintaining units of Junior ROTC......   642
        Education and employment advocacy program for wounded

          members of the armed forces............................   642
        Diversity recruitment efforts for the military service

          academies..............................................   642
        Department of Defense support for programs on pro bono

          legal representation for members of the armed forces...   642
        Protection of child custody arrangements for parents who

          are members of the armed forces........................   643
        Center for Military Family and Community Outreach........   643
        Mental health support for military personnel and families   643
        Sense of Congress regarding financial counseling for

          military families......................................   643
        Cold War Service Medal...................................   643
        Privilege in cases arising under Uniform Code of Military

          Justice against disclosure of communications between

          sexual assault victims and sexual assault response

          coordinators, victim advocates, and certain other

          persons................................................   644
        Report on the achievement of diversity goals for the

          leadership of the armed forces.........................   644
        Specification of period in which application for voter

          registration or absentee ballot from an overseas voter

          is valid...............................................   644
        Authority to provide support and services for certain

          organizations and activities outside Department of

          Defense................................................   644
        Display of State, District of Columbia, and territorial

          flags by Armed Forces..................................   645
        Wounded warrior careers program..........................   645
        Sense of Congress regarding playing of bugle call

          commonly known as ``Taps'' at military funerals,

          memorial services, and wreath laying ceremonies........   645
        Sense of Congress regarding support for Yellow Ribbon Day   645
        Postal benefits program..................................   645
        Prohibition on the unauthorized use of names and images

          of members of the armed forces.........................   646
        Limitation on military musical units.....................   646
        Short title..............................................   646
Title VI--Compensation and Other Personnel Benefits..............   646
    Subtitle A--Pay and Allowances...............................   646
        Resumption of authority to provide temporary increase in

          rates of basic allowance for housing under certain

          circumstances (sec. 601)...............................   646
        Lodging accommodations for members assigned to duty in

          connection with commissioning or fitting out of a ship

          (sec. 602).............................................   646
    Subtitle B--Bonuses and Special and Incentive Pays...........   647
        One-year extension of certain bonus and special pay

          authorities for reserve forces (sec. 611)..............   647
        One-year extension of certain bonus and special pay

          authorities for health care professionals (sec. 612)...   647
        One-year extension of special pay and bonus authorities

          for nuclear officers (sec. 613)........................   647
        One-year extension of authorities relating to title 37

          consolidated special pay, incentive pay, and bonus

          authorities (sec. 614).................................   648
        One-year extension of authorities relating to payment of

          other title 37 bonuses and special pays (sec. 615).....   648
        Modification of qualifying period for payment of hostile

          fire and imminent danger special pay and hazardous duty

          special pay (sec. 616).................................   648
    Subtitle C--Travel and Transportation Allowances Generally...   649
        One-year extension of authority to reimburse travel

          expenses for inactive-duty training outside of normal

          commuting distance (sec. 621)..........................   649
    Subtitle D--Consolidation and Reform of Travel and

      Transportation Authorities.................................   649
        Consolidation and reform of travel and transportation

          authorities of the uniformed services (sections 631 and

          632)...................................................   649
    Subtitle E--Commissary and Nonappropriated Fund

      Instrumentality Benefits and Operations....................   649
        Discretion of the Secretary of the Navy to select

          categories of merchandise to be sold by ship stores

          afloat (sec. 641)......................................   649
        Access of military exchange stores system to credit

          available through Federal Financing Bank (sec. 642)....   649
        Designation of Fisher House for the Families of the

          Fallen and Meditation Pavilion, Dover Air Force Base,

          Delaware, as a Fisher House (sec. 643).................   650
    Subtitle F--Disability, Retired Pay and Survivor Benefits....   650
        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 (sec.

          651)...................................................   650
    Subtitle G--Other Matters....................................   650
        Report on basic allowance for housing for National Guard

          members transitioning between active duty and full-time

          National Guard duty (sec. 661).........................   650
        Report on incentives for recruitment and retention of

          health care professionals (sec. 662)...................   651
    Legislative Provisions Not Adopted...........................   651
        Fiscal year 2012 increase in military basic pay..........   651
        One-year extension of authorities relating to payment of

          referral bonuses.......................................   651
        Inclusion of members of the armed forces assigned to

          Egypt Multi-National Force and Observers Mission in

          United States Central Command rest and recuperation

          absence program........................................   652
        Repeal of automatic enrollment in Family Servicemembers'

          Group Life Insurance for members of the armed forces

          married to other members...............................   652
        Limitation on availability of certain funds pending

          report on provision of special compensation for members

          of the uniformed services with injury or illness

          requiring assistance in everyday living................   652
        Repeal of sense of Congress on age and service

          requirements for retired pay for non-regular service...   652
        Repeal of requirement of reduction of Survivor Benefits

          Plan survivor annuities by Dependency and Indemnity

          Compensation...........................................   653
        Expansion of use of uniform funding authority to include

          permanent change of station and temporary duty lodging

          programs operated through nonappropriated fund

          instrumentalities......................................   653
        Contracting authority for nonappropriated fund

          instrumentalities to provide and obtain goods and

          services...............................................   653
        Enhanced commissary stores pilot program.................   653
        Monthly amount and duration of Special Survivor Indemnity

          Allowance for widows and widowers of deceased members

          of the armed forces affected by required Survivor

          Benefit Plan annuity offset for Dependency and

          Indemnity Compensation.................................   653
        Reimbursement of American National Red Cross for

          humanitarian support and other services provided to

          members of the armed forces and their dependents.......   654
        Treatment of members of the armed forces and civilian

          employees of the Department of Defense who were killed

          or wounded in the November 5, 2009, attack at Fort

          Hood, Texas............................................   654
Title VII--Health Care Provisions................................   654
    Subtitle A--Improvements to Health Benefits..................   654
        Annual enrollment fees for certain retirees and

          dependents (sec. 701)..................................   654
        Mental health assessments for members of the armed forces

          deployed in support of a contingency operation (sec.

          702)...................................................   655
        Behavioral health support for members of the reserve

          components of the armed forces (sec. 703)..............   655
        Provision of food to certain members and dependents not

          receiving inpatient care in military medical treatment

          facilities (sec. 704)..................................   655
        Travel for anesthesia services for childbirth for

          command-sponsored dependents of members assigned to

          remote locations outside the continental United States

          (sec. 705).............................................   655
        Transitional health benefits for certain members with

          extension of active duty following active duty in

          support of a contingency operation (sec. 706)..........   656
        Provision of rehabilitative equipment under Wounded

          Warrior Act (sec. 707).................................   656
        Transition enrollment of Uniformed Services Family Health

          Plan Medicare-eligible retirees to TRICARE for Life

          (sec. 708).............................................   656
    Subtitle B--Health Care Administration.......................   656
        Codification and improvement of procedures for mental

          health evaluations for members of the armed forces

          (sec. 711).............................................   656
        Extension of time limit for submittal of claims under the

          TRICARE program for care provided outside the United

          States (sec. 712)......................................   657
        Expansion of State licensure exception for certain health

          care professionals (sec. 713)..........................   657
        Clarification on confidentiality of medical quality

          assurance records (sec. 714)...........................   657
        Maintenance of the adequacy of provider networks under

          the TRICARE program (sec. 715).........................   657
        Review of the administration of the military health

          system (sec. 716)......................................   658
        Limitation on availability of funds for the future

          electronic health records program (sec. 717)...........   658
    Subtitle C--Reports and Other Matters........................   659
        Modification of authorities on surveys on continued

          viability of TRICARE Standard and TRICARE Extra (sec.

          721)...................................................   659
        Treatment of wounded warriors (sec. 722).................   659
        Report on research and treatment of post-traumatic stress

          disorder (sec. 723)....................................   659
        Report on memorandum regarding traumatic brain injuries

          (sec. 724).............................................   659
        Comptroller General report on women-specific health

          services and treatment for female members of the armed

          forces (sec. 725)......................................   660
        Comptroller General report on contracted health care

          staffing for military medical treatment facilities

          (sec. 726).............................................   660
    Legislative Provisions Not Adopted...........................   660
        TRICARE Standard for certain members of the Individual

          Ready Reserve..........................................   660
        Cooperative health care agreements.......................   661
        Prostate cancer imaging research initiative..............   661
        Defense Centers of Excellence for Psychological Health

          and Traumatic Brain Injury.............................   661
        Collaborative military-civilian trauma training programs.   661
        Traumatic brain injury...................................   661
        Competitive programs for alcohol and substance abuse

          disorders..............................................   661
        Pilot program on payment for treatment of members of the

          armed forces and veterans for traumatic brain injury

          and post-traumatic stress disorder.....................   662
        Report on establishment of registry on occupational and

          environmental chemical concerns........................   662
        Sense of Congress on post-traumatic stress disorder......   662
        Study on breast cancer among members of the armed forces

          and veterans...........................................   662
        Transfer of Defense Centers of Excellence for

          Psychological Health and Traumatic Brain Injury........   662
Title VIII--Acquisition Policy, Acquisition Management, and

  Related Matters................................................   663
    Subtitle A--Acquisition Policy and Management................   663
        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. 801)...........................................   663
        Revision to law relating to disclosures to litigation

          support contractors (sec. 802).........................   663
        Extension of applicability of the senior executive

          benchmark compensation amount for purposes of allowable

          cost limitations under defense contracts (sec. 803)....   663
        Extension of availability of funds in the Defense

          Acquisition Workforce Development Fund (sec. 804)......   664
        Defense Contract Audit Agency annual report (sec. 805)...   664
        Inclusion of data on contractor performance in past

          performance databases for source selection decisions

          (sec. 806).............................................   664
        Implementation of recommendations of Defense Science

          Board Task Force on improvements to Service Contracting

          (sec. 807).............................................   664
        Temporary limitation on aggregate annual amount available

          for contract services (sec. 808).......................   664
        Annual report on single-award task and delivery order

          contracts (sec. 809)...................................   665
    Subtitle B--Amendments to General Contracting Authorities,

      Procedures, and Limitations................................   665
        Calculation of time period relating to report on critical

          changes in major automated information systems (sec.

          811)...................................................   665
        Change in deadline for submission of Selected Acquisition

          Reports from 60 to 45 days (sec. 812)..................   665
        Extension of sunset date for certain protests of task and

          delivery order contracts (sec. 813)....................   665
        Clarification of Department of Defense authority to

          purchase right-hand drive passenger sedan vehicles and

          adjustment of threshold for inflation (sec. 814).......   665
        Rights in technical data and validation of proprietary

          data restrictions (sec. 815)...........................   665
        Covered contracts for purposes of requirements on

          contractor business systems (sec. 816).................   666
        Compliance with defense procurement requirements for

          purposes of internal controls of non-defense agencies

          for procurements on behalf of the Department of Defense

          (sec. 817).............................................   666
        Detection and avoidance of counterfeit electronic parts

          (sec. 818).............................................   666
        Modification of certain requirements of the Weapon

          Systems Acquisition Reform Act of 2009 (sec. 819)......   666
        Inclusion of contractor support requirements in

          Department of Defense planning documents (sec. 820)....   667
        Amendment relating to buying tents, tarpaulins, or covers

          from American sources (sec. 821).......................   667
        Repeal of sunset of authority to procure fire resistant

          rayon fiber from foreign sources for the production of

          uniforms (sec. 822)....................................   667
        Prohibition on collection of political information (sec.

          823)...................................................   667
    Subtitle C--Provisions Relating to Major Defense Acquisition

      Programs...................................................   668
        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. 831)..........................   668
        Assessment, management, and control of operating and

          support costs for major weapon systems (sec. 832)......   668
        Clarification of responsibility for cost analyses and

          targets for contract negotiation purposes (sec. 833)...   668
        Modification of requirements for guidance on management

          of manufacturing risk in major defense acquisition

          programs (sec. 834)....................................   668
        Management of developmental test and evaluation for major

          defense acquisition programs (sec. 835)................   669
        Assessment of risk associated with development of major

          weapon systems to be procured under cooperative

          projects with friendly foreign countries (sec. 836)....   669
        Competition in maintenance and sustainment of subsystems

          of major weapon systems (sec. 837).....................   669
        Oversight of and reporting requirements with respect to

          Evolved Expendable Launch Vehicle program (sec. 838)...   669
        Implementation of acquisition strategy for Evolved

          Expendable Launch Vehicle (sec. 839)...................   669
    Subtitle D--Provisions Relating to Contracts in Support of

      Contingency Operations in Iraq or Afghanistan..............   670
        Prohibition on contracting with the enemy in the United

          States Central Command theater of operations (sec. 841)   670
        Additional access to contractor and subcontractor records

          in the United States Central Command Theater of

          Operations (sec. 842)..................................   670
        Reach-back contracting authority for Operation Enduring

          Freedom and Operation New Dawn (sec. 843)..............   670
        Competition and review of contracts for property or

          services in support of a contingency operation (sec.

          844)...................................................   671
        Inclusion of associated support services in rapid

          acquisition and deployment procedures for supplies

          (sec. 845).............................................   671
        Joint Urgent Operational Needs Fund to rapidly meet

          urgent operational needs (sec. 846)....................   671
    Subtitle E--Defense Industrial Base Matters..................   671
        Assessment of the defense industrial base pilot program

          (sec. 851).............................................   671
        Strategy for securing the defense supply chain and

          industrial base (sec. 852).............................   672
        Assessment of feasibility and advisability of

          establishment of rare earth material inventory (sec.

          853)...................................................   672
        Department of Defense assessment of industrial base for

          night vision image intensification sensors (sec. 854)..   672
        Technical amendment relating to responsibilities of

          Deputy Assistant Secretary of Defense for Manufacturing

          and Industrial Base Policy (sec. 855)..................   672
    Subtitle F--Other Matters....................................   673
        Clarification of jurisdiction of the United States

          district courts to hear bid protest disputes involving

          maritime contracts (sec. 861)..........................   673
        Encouragement of contractor Science, Technology,

          Engineering, and Math (STEM) programs (sec. 862).......   673
        Sense of Congress and report on authorities available to

          the Department of Defense for multiyear contracts for

          the purchase of alternative fuels (sec. 863)...........   673
        Acquisition workforce improvements (sec. 864)............   673
        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. 865).................   673
        Three-year extension of test program for negotiation of

          comprehensive small business subcontracting plans (sec.

          866)...................................................   674
        Five-year extension of Department of Defense mentor-
          protege program (sec. 867).............................   674
    Legislative Provisions Not Adopted...........................   674
        Additional information on waivers under the Buy American

          Act by Department of Defense required to be included in

          annual report..........................................   674
        Assessment of Department of Defense contracting actions

          and the impact on small business.......................   674
        Comptroller General assessment of government competition

          in the Department of Defense industrial base...........   675
        Comptroller General of the United States reports on

          Department of Defense implementation of justification

          and approval requirements for certain sole-source

          contracts..............................................   675
        Comptroller General of the United States reports on

          noncompetitive and one-offer contracts awarded by the

          Department of Defense..................................   676
        Definitions..............................................   676
        Exemption of Department of Defense from alternative fuel

          procurement requirement................................   676
        Extension and expansion of small business programs of the

          Department of Defense..................................   676
        Para-aramid fibers and yarns.............................   677
        Procurement of photovoltaic devices......................   677
        Prohibition on use of funds for certain programs.........   677
        Quality Assurance Surveillance Plan for security

          contractors operating in Afghanistan and in support of

          other contingency operations...........................   677
        Report on impact of foreign boycotts on the defense

          industrial base........................................   678
        Reports on use of indemnification agreements.............   678
        Supplier risk management.................................   678
        Waiver of ``Buy American'' requirement for procurement of

          components otherwise producible overseas with specialty

          metal not produced in the United States................   678
Title IX--Department of Defense Organization and Management......   679
    Subtitle A--Department of Defense Management.................   679
        Revision of defense business systems requirements (sec.

          901)...................................................   679
        Qualifications for appointments to the position of Deputy

          Secretary of Defense (sec. 902)........................   679
        Designation of Department of Defense senior official with

          principal responsibility for airship programs (sec.

          903)...................................................   679
        Memoranda of agreement on identification and dedication

          of enabling capabilities of general purpose forces to

          fulfill certain requirements of special operations

          forces (sec. 904)......................................   679
        Assessment of Department of Defense access to non-United

          States citizens with scientific and technical expertise

          vital to the national security interests (sec. 905)....   680
        Sense of Congress on use of modeling and simulation in

          Department of Defense activities (sec. 906)............   680
        Sense of Congress on ties between Joint Warfighting and

          Coalition Center and Allied Command Transformation of

          NATO (sec. 907)........................................   680
        Report on effects of planned reductions of personnel at

          the Joint Warfare Analysis Center on personnel skills

          (sec. 908).............................................   680
    Subtitle B--Space Activities.................................   680
        Harmful interference to Department of Defense Global

          Positioning System (sec. 911)..........................   680
        Authority to designate increments or blocks of satellites

          as major subprograms subject to acquisition reporting

          requirements (sec. 912)................................   681
    Subtitle C--Intelligence-Related Matters.....................   681
        Report on implementation of recommendations by the

          Comptroller General on intelligence information sharing

          (sec. 921).............................................   681
        Insider threat detection (sec. 922)......................   681
        Expansion of authority for exchanges of mapping,

          charting, and geodetic data to include nongovernmental

          organizations and academic institutions (sec. 923).....   682
        Ozone Widget Framework (sec. 924)........................   682
        Plan for incorporation of enterprise query and

          correlation capability into the Defense Intelligence

          Information Enterprise (sec. 925)......................   682
        Facilities for intelligence collection or special

          operations activities abroad (sec. 926)................   683
    Subtitle D--Total Force Management...........................   683
        General policy for total force management (sec. 931).....   683
        Revisions to Department of Defense civilian personnel

          management constraints (sec. 932)......................   683
        Additional amendments relating to total force management

          (sec. 933).............................................   683
        Modifications of annual defense manpower requirements

          report (sec. 934)......................................   684
        Revisions to strategic workforce plan (sec. 935).........   684
        Amendments to requirements for inventory of contracts for

          services (sec. 936)....................................   684
        Preliminary planning and duration of public-private

          competitions (sec. 937)................................   684
        Conversion of certain functions from contractor

          performance to performance by Department of Defense

          civilian employees (sec. 938)..........................   685
    Subtitle E--Quadrennial Roles and Missions and Related

      Matters....................................................   685
        Chairman of the Joint Chiefs of Staff assessment of

          contingency plans (sec. 941)...........................   685
        Quadrennial defense review (sec. 942)....................   685
    Subtitle F--Other Matters....................................   685
        Activities to improve multilateral, bilateral, and

          regional cooperation regarding cybersecurity (sec. 951)   685
        Report on United States Special Operations Command

          structure (sec. 952)...................................   686
        Strategy to acquire capabilities to detect previously

          unknown cyber attacks (sec. 953).......................   686
        Military activities in cyberspace (sec. 954).............   686
    Legislative Provisions Not Adopted...........................   687
        Redesignation of the Department of the Navy as the

          Department of the Navy and Marine Corps................   687
        Modification of temporary suspension of public-private

          competitions for conversion of Department of Defense

          functions to contractor performance....................   687
        Assessment of appropriate Department of Defense and

          contractor personnel for the Defense Medical Readiness

          Training Institute.....................................   687
        Transfer of provisions relating to quadrennial roles and

          missions review........................................   687
        Revisions to the quadrennial roles and missions review...   688
        Amendment to presentation of future-years budget and

          Comptroller General report on budget justification

          material...............................................   688
        Deadline revision for report on foreign language

          proficiency............................................   688
        Sense of Congress regarding the performance of

          commercially-available activities by Department of

          Defense civilian employees.............................   689
        Clarification of status of participants of defense

          industrial base active cyber defense pilot project.....   689
        Expansion of oversight offices in Department of Defense..   689
        Report on the manufacturing policy of the United States..   689
        Commercial space launch cooperation......................   689
        Enhancement of authorities relating to the United States

          Northern Command and other combatant commands..........   690
Title X--General Provisions......................................   690
    Subtitle A--Financial Matters................................   690
        General transfer authority (sec. 1001)...................   690
        Budgetary effects of this Act (sec. 1002)................   691
        Additional requirements relating to the development of

          Financial Improvement and Audit Readiness Plan (sec.

          1003)..................................................   691
        Display of procurement of equipment for the reserve

          components of the armed forces under estimated

          expenditures for procurement in future-years defense

          programs (sec. 1003A)..................................   692
    Subtitle B--Counter-Drug Activities..........................   692
        Extension of authority for joint task forces to provide

          support to law enforcement agencies conducting counter-
          terrorism activities (sec. 1004).......................   692
        Three-year extension and modification of authority of

          Department of Defense to provide additional support for

          counterdrug activities of other governmental agencies

          (sec. 1005)............................................   692
        Two-year extension and expansion of authority to provide

          additional support to counter-drug activities of

          certain foreign governments (sec. 1006)................   693
        Extension of authority to support unified counter-drug

          and counterterrorism campaign in Colombia (sec. 1007)..   693
        Reporting requirement on expenditures to support foreign

          counter-drug activities (sec. 1008)....................   693
    Subtitle C--Naval Vessels and Shipyards......................   694
        Budgeting for construction of naval vessels (sec. 1011)..   694
        Sense of Congress on naming of Naval vessel after United

          States Marine Corps Sergeant Rafael Peralta (sec. 1012)   694
        Limitation on availability of funds for placing Maritime

          Prepositioning Ship squadrons on reduced operating

          status (sec. 1013).....................................   694
        Report on policies and practices of the Navy for naming

          the vessels of the Navy (sec. 1014)....................   694
        Transfer of certain high-speed ferries to the Navy (sec.

          1015)..................................................   694
        Modification of conditions on status of retired aircraft

          carrier ex-John F. Kennedy (sec. 1016).................   695
        Assessment of stationing of additional DDG-51 class

          destroyers at Naval Station Mayport, Florida (sec.

          1017)..................................................   695
    Subtitle D--Counterterrorism.................................   695
        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. 1021)....   695
        Military custody for foreign al-Qaeda terrorists (sec.

          1022)..................................................   695
        Procedures for periodic detention review of individuals

          detained at United States Naval Station, Guantanamo

          Bay, Cuba (sec. 1023)..................................   696
        Procedures for status determinations (sec. 1024).........   696
        Requirement for national security protocols governing

          detainee communications (sec. 1025)....................   697
        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. 1026).......................   697
        Prohibition on the use of funds for the transfer or

          release of individuals detained at United States Naval

          Station, Guantanamo Bay, Cuba (sec. 1027)..............   697
        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. 1028)...................................   698
        Requirement for consultation regarding prosecution of

          terrorists (sec. 1029).................................   698
        Clarification of right to plead guilty in trial of

          capital offense by military commission (sec. 1030).....   698
        Counterterrorism operational briefing requirement (sec.

          1031)..................................................   698
        National security planning guidance to deny safe havens

          to al-Qaeda and its violent extremist affiliates (sec.

          1032)..................................................   699
        Extension of authority to make rewards for combating

          terrorism (sec. 1033)..................................   699
        Amendments relating to the Military Commissions Act of

          2009 (sec. 1034).......................................   699
    Subtitle E--Nuclear Forces...................................   699
        Biennial assessment and report on the delivery platforms

          for nuclear weapons and the nuclear command and control

          system (sec. 1041).....................................   699
        Plan on implementation of the New START Treaty (sec.

          1042)..................................................   700
        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. 1043).............................   700
        Sense of the Congress on nuclear force reductions (sec.

          1044)..................................................   701
        Nuclear force reductions (sec. 1045).....................   701
        Nuclear employment strategy of the United States (sec.

          1046)..................................................   704
        Comptroller General report on nuclear weapon capabilities

          and force structure requirements (sec. 1047)...........   704
        Report on feasibility of joint replacement fuze program

          (sec. 1048)............................................   705
    Subtitle F--Financial Management.............................   705
        Modification of authorities on certification and

          credential standards for financial management positions

          in the Department of Defense (sec. 1051)...............   705
        Reliability of Department of Defense financial statements

          (sec. 1052)............................................   706
        Inclusion of plan on the financial management workforce

          in the strategic workforce plan of the Department of

          Defense (sec. 1053)....................................   706
        Tracking implementation of Department of Defense

          efficiencies (sec. 1054)...............................   706
    Subtitle G--Repeal and Modification of Reporting Requirements   706
        Repeal of reporting requirements under title 10, United

          States Code (sec. 1061-1067)...........................   706
    Subtitle H--Studies and Reports..............................   707
        Transmission of reports in electronic format (sec. 1068).   707
        Modifications to annual aircraft procurement plan (sec.

          1069)..................................................   707
        Change of deadline for annual report to Congress on

          National Guard and reserve component equipment (sec.

          1070)..................................................   707
        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. 1071)............................................   707
        Implementation plan for whole-of-government vision

          prescribed in the National Security Strategy (sec.

          1072)..................................................   707
        Reports on resolution restrictions on the commercial sale

          or dissemination of electro-optical imagery collected

          by satellites (sec. 1073)..............................   708
        Report on integration of unmanned aerial systems into the

          national airspace system (sec. 1074)...................   709
        Report on feasibility of using unmanned aerial systems to

          perform airborne inspection of navigational aids in

          foreign airspace (sec. 1075)...........................   709
        Comptroller General review of medical research and

          development relating to improved combat casualty care

          (sec. 1076)............................................   709
        Reports to Congress on the modifications of the force

          structure for the strategic nuclear weapons delivery

          systems of the United States (sec. 1077)...............   709
        Comptroller General of the United States reports on the

          major automated information system programs of the

          Department of Defense (sec. 1078)......................   709
        Report on Defense Department analytic capabilities

          regarding foreign ballistic missile threats (sec. 1079)   710
        Report on approval and implementation of Air Sea Battle

          Concept (sec. 1080)....................................   710
        Report on costs of units of the reserve components and

          the active components of the armed forces (sec. 1080A).   710
    Subtitle I--Miscellaneous Authorities and Limitations........   710
        Authority for assignment of civilian employees of the

          Department of Defense as advisors to foreign ministries

          of defense (sec. 1081).................................   710
        Exemption from Freedom of Information Act for data files

          of the military flight operations quality assurance

          systems of the military departments (sec. 1082)........   711
        Limitation on procurement and fielding of light attack

          armed reconnaissance aircraft (sec. 1083)..............   711
        Prohibition on the use of funds for manufacturing beyond

          low rate initial production at certain prototype

          integration facilities (sec. 1084).....................   712
        Use of State Partnership Program Funds for certain

          purposes (sec. 1085)...................................   712
    Subtitle J--Other Matters....................................   712
        Redesignation of psychological operations as military

          information support operations in title 10, United

          States Code, to conform to Department of Defense usage

          (sec. 1086)............................................   712
        Termination of requirement for appointment of civilian

          members of National Security Education Board by and

          with the advice and consent of the Senate (sec. 1087)..   713
        Sense of Congress on application of moratorium on

          earmarks to this Act (sec. 1088).......................   713
        Technical Amendment (sec. 1089)..........................   713
        Cybersecurity collaboration between the Department of

          Defense and the Department of Homeland Security (sec.

          1090)..................................................   713
        Treatment under Freedom of Information Act of certain

          Department of Defense critical infrastructure security

          information (sec. 1091)................................   714
        Expansion of scope of humanitarian demining assistance

          program to include stockpiled conventional munitions

          assistance (sec. 1092).................................   714
        Number of Navy carrier air wings and carrier air wing

          headquarter (sec. 1093)................................   714
        Display on annual budget requirements for organizational

          clothing and individual equipment (sec. 1094)..........   714
        National Rocket Propulsion Strategy (sec. 1095)..........   714
        Grants to certain regulated companies for specified

          energy property not subject to normalization rules

          (sec. 1096)............................................   715
        Unmanned aerial systems and national airspace (sec. 1097)   715
        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 (sec. 1098)..................   715
    Legislative Provisions Not Adopted...........................   716
        Mitigation of national security threats along the border

          of the United States and Mexico........................   716
        Report on policies and practices of the Navy for naming

          the vessels of the Navy................................   716
        Definition of individual detained at Guantanamo..........   716
        Prohibition on family member visitation of individuals

          detained at Naval Station, Guantanamo Bay, Cuba........   716
        Management of Department of Defense installations........   716
        Prohibition on United States citizenship for detainees

          repatriated to the Federated States of Micronesia, the

          Republic of Palau, and the Republic of the Marshall

          Islands................................................   716
        Sense of Congress regarding the efforts by the Department

          of Defense to keep America safe from terrorist attacks

          since 9/11.............................................   717
        Trial of foreign terrorists..............................   717
        Business case analysis for Department of Defense

          efficiencies...........................................   717
        Biennial review of required reports......................   717
        Report on homeland defense activities....................   717
        Study on the recruitment, retention, and development of

          cyberspace experts.....................................   717
        Report on certain unnecessary or unwanted Department of

          Defense programs.......................................   718
        Report on a Department of Defense recycling program for

          rare earth materials...................................   718
        Report on National Guard and reserve components of the

          armed forces...........................................   718
        Report on status of implementation of accepted

          recommendations in the Final Report of the 2010 Army

          Acquisition Review Panel...............................   719
        Comptroller General report on Department of Defense

          science and technology Programs........................   719
        Comptroller General report on Science, Technology,

          Engineering, and Math initiatives......................   720
        Report on effects of changing flag officer positions

          within the Air Force Materiel Command..................   720
        Sense of Congress regarding deployment of the National

          Guard to the southwestern border of the United States..   720
        Rules of engagement for members of the armed forces

          deployed in designated hostile fire areas..............   720
        Improving the transition of members of the armed forces

          with experience in the operation of certain motor

          vehicles into careers operating commercial motor

          vehicles in the private sector.........................   721
        Acquisition and procurement exchanges between the United

          States and India.......................................   721
        Mandatory implementation of the standing advisory panel

          on improving coordination among the Department of

          Defense, the Department of State, and the United States

          Agency for International Development on matters of

          national security......................................   722
        Inclusion of religious symbols as part of military

          memorials..............................................   722
        Report to Congress on maintenance, repair, and overhaul

          capability of Navy unmanned aerial systems.............   722
        Sense of Congress regarding the killing of Osama bin

          Laden..................................................   722
        Submittal of information regarding individuals detained

          at United States Naval Station, Guantanamo Bay, Cuba...   722
        Sense of Congress regarding the recovery of the remains

          of certain members of the armed forces killed in

          Thurston Island, Antarctica............................   723
        Requirement that written communications from Congress be

          made public by Department of Defense...................   723
        Sense of Congress regarding deployment of armed forces

          without considerable deliberation......................   723
        Sense of Congress regarding the establishment of a Korean

          War National Museum....................................   723
        Interagency Collaboration................................   723
        Designation of ``Taps'' as National Song of Remembrance..   724
        Sense of Congress regarding United States Northern

          Command preparedness...................................   724
        Closing of National Drug Intelligence Center.............   724
        Sunken military craft....................................   724
        Proclamation for national day of honor to celebrate

          members of the armed forces returning from Iraq,

          Afghanistan, and other combat areas....................   724
        Additional budget items..................................   724
        Continuation as a permanent program and enhancement of

          activities of Task Force for Emergency Readiness pilot

          program of the Federal Emergency Management Agency.....   725
Title XI--Civilian Personnel Matters.............................   725
    Subtitle A--Personnel........................................   725
        Amendments to Department of Defense personnel authorities

          (sec. 1101)............................................   725
        Provisions relating to Department of Defense performance

          management system (sec. 1102)..........................   725
        Repeal of sunset provision relating to direct hire

          authority at demonstration laboratories (sec. 1103)....   725
        One-year extension of authority to waive annual

          limitation on premium pay and aggregate limitation on

          pay for federal civilian employees working overseas

          (sec. 1104)............................................   725
        Waiver of certain pay limitations (sec. 1105)............   726
        Services of post-combat case coordinators (sec. 1106)....   726
        Authority to wave maximum age limit for certain

          appointments (sec. 1107)...............................   726
        Sense of Congress relating to pay parity for federal

          employees serving at certain remote military

          installations (sec. 1108)..............................   726
        Federal internship programs (sec. 1109)..................   726
        Extension and expansion of experimental personnel program

          for scientific and technical personnel (sec. 1110).....   727
        Authority of the secretaries of the military departments

          to employ up to 10 persons without pay (sec. 1111).....   728
        Two-year extension of discretionary authority to grant

          allowances, benefits, and gratuities to personnel on

          official duty in a combat zone (sec. 1112).............   728
    Subtitle B--Other Matters....................................   728
        Modification of beneficiary designation authorities for

          death gratuity payable upon death of a United States

          government employee in service with the armed forces

          (sec. 1121)............................................   728
        Authority for waiver of recovery of certain payments

          previously made under civilian employees voluntary

          separation incentive program (sec. 1122)...............   728
        Extension of continued health benefits (sec. 1123).......   728
        Disclosure of senior mentors (sec. 1124).................   729
        Termination of Joint Safety Climate Assessment System

          (sec. 1125)............................................   729
    Legislative Provisions Not Adopted...........................   729
        Denial of certain pay adjustments for unacceptable

          performance............................................   729
        Reports by Office of Special Counsel.....................   729
Title XII--Matters Relating to Foreign Nations...................   729
    Subtitle A--Assistance and Training..........................   729
        Commanders' Emergency Response Program in Afghanistan

          (sec. 1201)............................................   729
        Three-year extension of temporary authority to use

          acquisition and cross-servicing agreements to lend

          military equipment for personnel protection and

          survivability (sec. 1202)..............................   730
        Extension and expansion of authority for support of

          special operations to combat terrorism (sec. 1203).....   730
        Modification and extension of authorities relating to

          program to build the capacity of foreign military

          forces (sec. 1204).....................................   730
        Two-year extension of authorization for non-conventional

          assisted recovery capabilities (sec. 1205).............   731
        Support of foreign forces participating in operations to

          disarm the Lord's Resistance Army (sec. 1206)..........   731
        Global Security Contingency Fund (sec. 1207).............   732
    Subtitle B--Matters Relating to Iraq, Afghanistan, and

      Pakistan...................................................   733
        Extension and modification of logistical support for

          coalition forces supporting operations in Iraq and

          Afghanistan (sec. 1211)................................   733
        One-year extension of authority to transfer defense

          articles and provide defense services to the military

          and security forces of Iraq and Afghanistan (sec. 1212)   733
        One-year extension of authority for reimbursement of

          certain coalition nations for support provided to

          United States military operations (sec. 1213)..........   733
        Limitation on funds to establish permanent military

          installations or bases in Iraq and Afghanistan (sec.

          1214)..................................................   733
        Authority to support operations and activities of the

          Office of Security Cooperation in Iraq (sec. 1215).....   734
        One-year extension of authority to use funds for

          reintegration activities in Afghanistan (sec. 1216)....   734
        Authority to establish a program to develop and carry out

          infrastructure projects in Afghanistan (sec. 1217).....   734
        Two-year extension of certain reports on Afghanistan

          (sec. 1218)............................................   734
        Limitation on availability of amounts for reintegration

          activities in Afghanistan (sec. 1219)..................   735
        Extension and modification of Pakistan Counterinsurgency

          Fund (sec. 1220).......................................   735
        Benchmarks to evaluate the progress being made toward the

          transition of security responsibilities for Afghanistan

          to the Government of Afghanistan (sec. 1221)...........   736
    Subtitle C--Reports and Other Matters........................   736
        Report on Coalition Support Fund reimbursements to the

          Government of Pakistan for operations conducted in

          support of Operation Enduring Freedom (sec. 1231)......   736
        Review and report on Iran's and China's conventional and

          anti-access capabilities (sec. 1232)...................   736
        Report on energy security of NATO alliance (sec. 1233)...   736
        Comptroller General of the United States report on the

          National Guard State Partnership Program (sec. 1234)...   737
        Man-portable air-defense systems originating from Libya

          (sec. 1235)............................................   737
        Report on military and security developments involving

          the Democratic People's Republic of Korea (sec. 1236)..   737
        Sense of Congress on non-strategic nuclear weapons and

          extended deterrence policy (sec. 1237).................   737
        Annual report on Military and Security Developments

          involving the People's Republic of China (sec. 1238)...   738
        Report on expansion of participation in Euro-NATO Joint

          Jet Pilot Training Program (sec. 1239).................   739
        Report on Russian nuclear forces (sec. 1240).............   739
        Report on progress of the African Union in

          operationalizing the African Standby Force (sec. 1241).   739
        Defense Cooperation with Republic of Georgia (sec. 1242).   740
        Prohibition on procurements from Communist Chinese

          military companies (sec. 1243).........................   740
        Sharing of classified United States ballistic missile

          defense information with the Russian Federation (sec.

          1244)..................................................   740
        Imposition of sanctions with respect to the financial

          sector of Iran (sec. 1245).............................   741
    Legislative Provisions Not Adopted...........................   741
        Conditional extension and modification of authority to

          build the capacity of counterterrorism forces of Yemen.   741
        Interagency working group on foreign police training.....   741
        Authority to build the capacity of certain

          counterterrorism forces of East African countries......   742
        Report on extension of United States-Iraq Status of

          Forces Agreement.......................................   742
        Report on United States military strategy in Afghanistan

          in light of the Death of Osama Bin Laden...............   742
        National security risk assessment of United States

          federal debt owned by the People's Republic of China...   742
        Congressional notification requirement before permanent

          relocation of any United States military unit stationed

          outside the United States..............................   743
        International agreements relating to missile defense.....   743
        Certification requirement regarding efforts by Government

          of Pakistan to implement a strategy to counter

          improvised explosive devices...........................   743
        Rule of construction relating to the situation in Libya..   744
        Report on long-term costs of Operation Iraqi Freedom,

          Operation Enduring Freedom, and Operation Odyssey Dawn.   744
        Prohibition on United States ground combat presence in

          Libya..................................................   744
        Repeal of the United States Institute of Peace Act.......   744
Title XIII--Cooperative Threat Reduction.........................   744
        Specification of Cooperative Threat Reduction programs

          and funds (sec. 1301)..................................   744
        Funding allocations (sec. 1302)..........................   744
        Limitation on availability of funds for cooperative

          biological engagement program (sec. 1303)..............   745
        Limitation on use of funds for establishment of centers

          of excellence in countries outside of the former Soviet

          Union (sec. 1304)......................................   745
Title XIV--Other Authorizations..................................   745
    Subtitle A--Military Programs................................   745
        Working capital funds (sec. 1401)........................   745
        National Defense Sealift Fund (sec. 1402)................   746
        Chemical agents and munitions destruction, defense (sec.

          1403)..................................................   746
        Drug interdiction and counterdrug activities, defense-
          wide (sec. 1404).......................................   746
        Defense Inspector General (sec. 1405)....................   746
        Defense Health Program (sec. 1406).......................   746
    Subtitle B--National Defense Stockpile.......................   746
        Authorized uses of National Defense Stockpile funds (sec.

          1411)..................................................   746
        Revision to required receipt objectives for previously

          authorized disposals from the National Defense

          Stockpile (sec. 1412)..................................   747
    Subtitle C--Other Matters....................................   747
        Authorization of appropriations for Armed Forces

          Retirement Home (sec. 1421)............................   747
        Authority for transfer of funds to Joint Department of

          Defense-Department of Veterans Affairs Medical Facility

          Demonstration Fund for Captain James A. Lovell Health

          Care Center, Illinois (sec. 1422)......................   747
    Legislative Provisions Not Adopted...........................   747
        Changes to management organization to the Assembled

          Chemical Weapons Alternative program...................   747
        Amendment of Armed Forces Retirement Home Act of 1991....   748
        Annual validation of multiyear accreditation.............   748
        Mission force enhancement transfer fund..................   748
Title XV--Authorization of Additional Appropriations for Overseas

  Contingengy Operations.........................................   748
    Subtitle A--Authorization of Additional Appropriations.......   748
        Purpose (sec. 1501)......................................   748
        Procurement (sec. 1502)..................................   748
        Research, development, test, and evaluation (sec. 1503)..   749
        Operation and maintenance (sec. 1504)....................   749
        Military Personnel (sec. 1505)...........................   749
        Working capital funds (sec. 1506)........................   749
        Defense Health Program (sec. 1507).......................   749
        Drug Interdiction and Counter-Drug Activities, Defense-
          wide (sec. 1508).......................................   749
        Defense Inspector General (sec. 1509)....................   749
    Subtitle B--Financial Matters................................   750
        Treatment as additional authorizations (sec. 1521).......   750
        Special transfer authority (sec. 1522)...................   750
    Subtitle C--Limitations and Other Matters....................   750
        Joint Improvised Explosive Device Defeat Fund (sec. 1531)   750
        Continuation of prohibition on use of United States funds

          for certain facilities projects in Iraq (sec. 1532)....   750
        Availability of funds in Afghanistan Security Forces Fund

          (sec. 1533)............................................   750
        One-year extension of project authority and related

          requirements of Task Force for Business and Stability

          Operations in Afghanistan (sec. 1534)..................   751
        Limitation on availability of funds for Trans Regional

          Web Initiative (sec. 1535).............................   751
        Report on lessons learned from Department of Defense

          participation on interagency teams for counterterrorism

          operations in Afghanistan and Iraq (sec. 1536).........   751
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS.................   752
        Short title (sec. 2001)..................................   752
        Expiration of authorizations and amounts required to be

          specified by law (sec. 2002)...........................   752
    Legislative Provisions Not Adopted...........................   752
        Funding tables...........................................   752
        Effective date...........................................   752
        Limitation on implementation of projects designated at

          various locations......................................   752
Title XXI--Army..................................................   753
        Authorized Army construction and land acquisition

          projects (sec. 2101)...................................   753
        Family housing (sec. 2102)...............................   754
        Improvements to military family housing units (sec. 2103)   754
        Authorization of appropriations, Army (sec. 2104)........   754
        Modification of authority to carry out certain fiscal

          year 2009 projects (sec. 2105).........................   754
        Modification of authority to carry out certain fiscal

          year 2010 projects (sec. 2106).........................   755
        Modification of authority to carry out certain fiscal

          year 2011 projects (sec. 2107).........................   755
        Additional authority to carry out certain fiscal year

          2012 projects (sec. 2108)..............................   755
        Extension of authorizations of certain fiscal year 2008

          projects (sec. 2109)...................................   755
        Extension of authorizations of certain fiscal year 2009

          projects (sec. 2110)...................................   755
        Tour normalization (sec. 2111)...........................   755
        Technical amendments to correct certain project

          specifications (sec. 2112).............................   756
        Reduction of Army military construction authorization

          (sec. 2113)............................................   756
    Legislative Provision Not Adopted............................   756
        Additional budget items relating to Army construction and

          land acquisition projects..............................   756
Title XXII--Navy.................................................   756
    Legislative Provisions Adopted...............................   756
        Authorized Navy construction and land acquisition

          projects (sec. 2201)...................................   756
        Family housing (sec. 2202)...............................   757
        Improvements to military family housing units (sec. 2203)   757
        Authorization of appropriations, Navy (sec. 2204)........   757
        Extension of authorizations of certain fiscal year 2008

          projects (sec. 2205)...................................   757
        Extension of authorizations of certain fiscal year 2009

          projects (sec. 2206)...................................   758
        Guam realignment (sec. 2207).............................   758
        Reduction of Navy military construction authorization

          (sec. 2208)............................................   758
    Legislative Provision Not Adopted............................   759
        Additional budget items relating to Navy construction and

          land acquisition projects..............................   759
Title XXIII--Air Force...........................................   759
    Legislative Provisions Adopted...............................   759
        Authorized Air Force construction and land acquisition

          projects (sec. 2301)...................................   759
        Family housing (sec. 2302)...............................   759
        Improvements to military family housing units (sec. 2303)   759
        Authorization of appropriations, Air Force (sec. 2304)...   760
        Modification of authority to carry out certain fiscal

          year 2010 projects (sec. 2305).........................   760
        Extension of authorization of certain fiscal year 2009

          projects (sec. 2306)...................................   760
        Reduction of Air Force military construction

          authorization (sec. 2307)..............................   760
    Legislative Provisions Not Adopted...........................   760
        Limitation on implementation of consolidation of Air and

          Space Operations Center of the Air Force...............   760
        Additional budget items relating to Air Force

          construction and land acquisition projects.............   761
Title XXIV--Defense Agencies.....................................   761
    Subtitle A--Defense Agency Authorizations....................   761
        Authorized defense agencies construction and land

          acquisition projects (sec. 2401).......................   761
        Authorized energy conservation projects (sec. 2402)......   763
        Authorization of appropriations, defense agencies (sec.

          2403)..................................................   764
    Subtitle B--Chemical Demilitarization Authorizations.........   764
        Authorization of appropriations, chemical

          demilitarization construction, defense-wide (sec. 2411)   764
    Subtitle C--Other Matters....................................   764
        Reduction of defense agencies military construction

          authorization (sec. 2421)..............................   764
    Legislative Provision Not Adopted............................   764
        Additional budget items relating to defense agencies

          construction and land acquisition projects.............   764
Title XXV--North Atlantic Treaty Organization Security Investment

  Program........................................................   764
    Legislative Provisions Adopted...............................   764
        Authorized NATO construction and land acquisition

          projects (sec. 2501)...................................   764
        Authorization of appropriations, NATO (sec. 2502)........   765
Title XXVI--Guard and Reserve Forces Facilities..................   765
    Subtitle A--Project Authorizations and Authorization of

      Appropriations.............................................   765
        Authorized Army National Guard construction and land

          acquisition projects (sec. 2601).......................   765
        Authorized Army Reserve construction and land acquisition

          projects (sec. 2602)...................................   765
        Authorized Navy Reserve construction and land acquisition

          projects (sec. 2603)...................................   765
        Authorized Air National Guard construction and land

          acquisition projects (sec. 2604).......................   766
        Authorized Air Force Reserve construction and land

          acquisition projects (sec. 2605).......................   766
        Authorization of appropriations, National Guard and

          Reserve (sec. 2606)....................................   766
    Subtitle B--Other Matters....................................   766
        Extension of authorization of certain fiscal year 2008

          project (sec. 2611)....................................   766
        Extension of authorization of certain fiscal year 2009

          projects (sec. 2612)...................................   767
        Modification of authority to carry out certain fiscal

          year 2008 and 2009 projects (sec. 2613)................   767
    Legislative Provisions Not Adopted...........................   767
        Additional budget items relating to Air Force Reserve

          construction and land acquisition projects.............   767
        Additional budget items relating to Air National Guard

          construction and land acquisition projects.............   767
        Additional budget items relating to Army National Guard

          construction and land acquisition projects.............   767
Title XXVII--Base Realignment and Closure Activities.............   767
    Legislative Provisions Adopted...............................   767
        Authorization of appropriations for base realignment and

          closure activities funded through Department of Defense

          Base Closure Account 1990 (sec. 2701)..................   767
        Authorized Base Realignment and Closure activities funded

          through Department of Defense Base Closure account 2005

          (sec. 2702)............................................   768
        Completion of specific base closure and realignment

          recommendations (sec. 2703)............................   768
        Special considerations related to transportation

          infrastructure in consideration and selection of

          military installations for closure or realignment (sec.

          2704)..................................................   769
    Legislative Provisions Not Adopted...........................   769
        Authorization of appropriations for Base Realignment and

          Closure activities funded through Department of Defense

          Base Closure account 2005..............................   769
        Reduction of military construction authorization for base

          realignment and closure activities authorized through

          the Department of Defense Base Closure Account 1990....   769
        Increased emphasis on evaluation of costs and benefits in

          consideration and selection of military installations

          for closure or realignment.............................   769
        Limitation on BRAC 133 project implementation............   770
Title XXVIII--Military Construction General Provisions...........   770
    Subtitle A--Military Construction Program and Military Family

      Housing Changes............................................   770
        Prohibition on use of any cost-plus system of contracting

          for military construction and military family housing

          projects (sec. 2801)...................................   770
        Modification of authority to carry out unspecified minor

          military construction projects (sec. 2802).............   770
        Protections for suppliers of labor and materials under

          contracts for military construction projects and

          military family housing projects (sec. 2803)...........   771
        Extension of temporary, limited authority to use

          operation and maintenance funds for construction

          projects outside the United States (sec. 2804).........   771
        General military construction transfer authority (sec.

          2805)..................................................   771
    Subtitle B--Real Property and Facilities Administration......   771
        Clarification of authority to use Pentagon Reservation

          Maintenance Revolving Fund for minor construction and

          alteration activities at Pentagon Reservation (sec.

          2811)..................................................   771
        Reporting requirements related to the granting of

          easements (sec. 2812)..................................   771
        Limitations on use or development of property in Clear

          Zone Areas and clarification of authority to limit

          encroachments (sec. 2813)..............................   772
        Department of Defense conservation and cultural

          activities (sec. 2814).................................   772
        Exchange of property at military installations (sec.

          2815)..................................................   772
        Defense access road program enhancements to address

          transportation infrastructure in vicinity of military

          installations (sec. 2816)..............................   772
    Subtitle C--Energy Security..................................   773
        Consolidation of definitions used in energy security

          chapter (sec. 2821)....................................   773
        Consideration of energy security in developing energy

          projects on military installations using renewable

          energy sources (sec. 2822).............................   773
        Establishment of interim objective for the Department of

          Defense 2025 renewable energy goal (sec. 2823).........   773
        Use of centralized purchasing agents for renewable energy

          certificates to reduce cost of facility energy projects

          using renewable energy sources and improve efficiencies

          (sec. 2824)............................................   773
        Identification of energy-efficient products for use in

          construction, repair, or renovation of Department of

          Defense facilities (sec. 2825).........................   774
        Submission of annual Department of Defense energy

          management reports (sec. 2826).........................   774
        Requirement for Department of Defense to capture and

          track data generated in metering Department facilities

          (sec. 2827)............................................   774
        Metering of Navy piers to accurately measure energy

          consumption (sec. 2828)................................   774
        Training policy for Department of Defense energy managers

          (sec. 2829)............................................   774
        Report on energy-efficiency standards and prohibition on

          use of funds for Leadership in Energy and Environmental

          Design gold or platinum certification (sec. 2830)......   775
    Subtitle D--Provisions Related to Guam Realignment...........   775
        Certification of medical care coverage for H-2B temporary

          workforce on military construction projects on Guam

          (sec. 2841)............................................   775
        Repeal of condition on use of specific utility conveyance

          authority regarding Guam integrated water and

          wastewater treatment system (sec. 2842)................   775
    Subtitle E--Land Conveyances.................................   775
        Land conveyance and exchange, Joint Base Elmendorf

          Richardson, Alaska (sec. 2851).........................   775
        Release of reversionary interest, Camp Joseph T.

          Robinson, Arkansas (sec. 2852).........................   775
        Clarification of land conveyance authority, Camp Caitlin

          and Ohana Nui areas, Hawaii (sec. 2853)................   776
        Land exchange, Fort Bliss Texas (sec. 2854)..............   776
        Land Conveyance, former Defense Depot Ogden, Utah (sec.

          2855)..................................................   776
    Subtitle F--Other Matters....................................   776
        Redesignation of Industrial College of the Armed Forces

          as the Dwight D. Eisenhower School for National

          Security and Resource Strategy (sec. 2861).............   776
        Redesignation of Mike O'Callaghan Federal Hospital in

          Nevada as Mike O'Callaghan Federal Medical Center (sec.

          2862)..................................................   776
        Prohibition on naming Department of Defense real property

          after a Member of Congress (sec. 2863).................   776
        Notification of reductions in number of members of the

          armed forces assigned to permanent duty at a military

          installation (sec. 2864)...............................   777
        Investment plan for the modernization of public shipyards

          under jurisdiction of Department of the Navy (sec.

          2865)..................................................   777
        Report on the homeowners assistance program (sec. 2866)..   777
        Data servers and centers (sec. 2867).....................   777
    Legislative Provisions Not Adopted...........................   778
        Condition on rental of family housing in foreign

          countries for general and flag officers................   778
        Continuous commissioning of Department of Defense

          facilities to resolve operating problems, improve

          comfort, optimize energy use, and identify retrofits...   778
        Use of operation and maintenance funding to support

          community adjustments related to realignment of

          military installations and relocation of military

          personnel on Guam......................................   778
        Certification of military readiness need for firing range

          on Guam as condition on establishment of range.........   778
        Transfer of the Air Force Memorial to the Department of

          the Air Force..........................................   778
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS

  AND OTHER AUTHORIZATIONS.......................................   779
Title XXXI--Department of Energy National Security Programs......   779
    Subtitle A--National Security Programs Authorizations........   779
        Overview.................................................   779
        National Nuclear Security Administration (sec. 3101).....   779
        Defense environmental cleanup (sec. 3102)................   780
        Other defense activities (sec. 3103).....................   780
    Subtitle B--Program Authorizations, Restrictions and

      Limitations................................................   780
        Limitation on availability of funds for Center of

          Excellence on Nuclear Security (sec. 3111).............   780
        Aircraft Procurement (sec. 3112).........................   781
        Hanford waste tank cleanup program reforms (sec. 3113)...   781
        Recognition of National Atomic Testing Museum (sec. 3114)   782
    Subtitle C--Reports..........................................   782
        Repeal of certain reporting requirements (sec. 3121).....   782
        Progress on nuclear nonproliferation (sec. 3122).........   782
        Reports on role of nuclear security complex sites and

          potential efficiencies (sec. 3123).....................   782
        Net assessment of high--performance computing

          capabilities of foreign countries (sec. 3124)..........   783
        Review and analysis of nuclear waste reprocessing and

          nuclear reactor technology (sec. 3125).................   784
    Subtitle D--Other Matters....................................   784
        Sense of Congress on the use of savings from excess

          amounts for certain pension plan contributions (sec.

          3131)..................................................   784
    Legislative Provisions Not Adopted...........................   785
        Energy security and assurance............................   785
        Consolidated reporting requirements relating to nuclear

          stockpile stewardship, management, and infrastructure..   785
        Additional budget item relating to Global Threat

          Reduction Initiative...................................   786
        Review of security vulnerabilities of national laboratory

          computers..............................................   786
        Comptroller General assessment of budget requests with

          respect to the modernization and refurbishment of the

          nuclear security complex...............................   786
        Report on feasibility of federalizing the security

          protective forces contract guard workforce at certain

          Department of Energy facilities........................   787
        Review by Secretary of Energy and Secretary of Defense of

          Comptroller General study on oversight of Department of

          Energy defense nuclear facilities......................   787
        Plan to complete the Global Initiatives for Proliferation

          Prevention program in the Russian Federation...........   787
Title XXXII--War Related National Nuclear Security Administration

  Authorizations.................................................   787
        Authorization (sec. 3201)................................   787
    Legislative Provisions Not Adopted...........................   788
        Additional funding for Defense Nuclear Facilities Safety

          Board..................................................   788
        Authority of the Defense Nuclear Facilities Safety Board

          to review the facility design and construction of

          Construction Project 10-D-904 of the National Nuclear

          Security Administration................................   788
Title XXXIV--Naval Petroleum Reserves............................   788
        Authorization of appropriation (sec. 3401)...............   788
Title XXXV--Maritime Administration..............................   788
    Legislative Provisions Adopted...............................   788
        Authorization of appropriations for national security

          aspects of the merchant marine for fiscal year 2012

          (sec. 3501)............................................   788
        Use of National Defense Reserve Fleet and Ready Reserve

          Force vessels (sec. 3502)..............................   789
        Recruitment authority (sec. 3503)........................   789
        Ship scrapping reporting requirement (sec. 3504).........   789
    Legislative Provisions Not Adopted...........................   789
        Strategic port assessment and report.....................   789
        Maritime Administration..................................   790
DIVISION D--FUNDING TABLES.......................................   790
        Authorization of amounts in funding tables (sec. 4001)...   790
DIVISION E--SBIR AND STTR REAUTHORIZATION........................   984
        Reauthorization of the SBIR and STTR programs (sec. 5001-
          5168)..................................................   984
112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-329

======================================================================

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

                                _______
                               


               December 12, 2011.--Ordered to be printed

                                _______
                               


 Mr. McKeon, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 1540]

      The committee of conference on the disagreeing votes of

the two Houses on the amendment of the Senate to the bill (H.R.

1540), 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, having met, after full and

free conference, have agreed to recommend and do recommend to

their respective Houses as follows:
      That the House recede from its disagreement to the

amendment of the Senate and agree to the same with an amendment

as follows:
      In lieu of the matter proposed to be inserted by the

Senate amendment, insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense

Authorization Act for Fiscal Year 2012''.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into five divisions

as follows:
            (1) Division A--Department of Defense

        Authorizations.
            (2) Division B--Military Construction

        Authorizations.
            (3) Division C--Department of Energy National

        Security Authorizations and Other Authorizations.
            (4) Division D--Funding Tables.
            (5) Division E--SBIR and STTR Reauthorization.
    (b) Table of Contents.--The table of contents for this Act

is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/
          HH-60M helicopters and Navy MH-60R/MH-60S helicopters.

                        Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and

          common cockpits for Navy MH-60R/S helicopters.
Sec. 122. Separate procurement line item for certain Littoral Combat

          Ship mission modules.
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance

          and sustainability plans for the Littoral Combat Ship program.
Sec. 124. Extension of Ford-class aircraft carrier construction

          authority.

                     Subtitle D--Air Force Programs

Sec. 131. Strategic airlift aircraft force structure.
Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Availability of fiscal year 2011 funds for research and

          development relating to the B-2 bomber aircraft.
Sec. 135. Availability of fiscal year 2011 funds to support alternative

          options for extremely high frequency terminal Increment 1

          program of record.
Sec. 136. Procurement of advanced extremely high frequency satellites.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on availability of funds for acquisition of joint

          tactical radio system.
Sec. 142. Limitation on availability of funds for Aviation Foreign

          Internal Defense program.
Sec. 143. F-35 Joint Strike Fighter aircraft.
Sec. 144. Additional oversight requirements for the undersea mobility

          acquisition program of the United States Special Operations

          Command.
Sec. 145. Inclusion of information on approved Combat Mission

          Requirements in quarterly reports on use of Combat Mission

          Requirement funds.
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-
          engining program.
Sec. 147. Authority for exchange with United Kingdom of specified F-35

          Lightning II Joint Strike Fighter aircraft.
Sec. 148. Report on probationary period in development of short take-
          off, vertical landing variant of the Joint Strike Fighter.
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform

          Act of 2009 measures within the Joint Strike Fighter aircraft

          program.

          TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on availability of funds for the ground combat

          vehicle program.
Sec. 212. Limitation on the individual carbine program.
Sec. 213. Limitation on availability of funds for Future Unmanned

          Carrier-based Strike System.
Sec. 214. Limitation on availability of funds for amphibious assault

          vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the F-35 Lightning II

          aircraft program.
Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber

          aircraft extremely high frequency satellite communications

          program.
Sec. 217. Limitation on availability of funds for the Joint Space

          Operations Center management system.
Sec. 218. Limitation on availability of funds for wireless innovation

          fund.
Sec. 219. Prohibition on delegation of budgeting authority for certain

          research and educational programs.
Sec. 220. Designation of main propulsion turbomachinery of the next-
          generation long-range strike bomber aircraft as major

          subprogram.
Sec. 221. Designation of electromagnetic aircraft launch system

          development and procurement program as major subprogram.
Sec. 222. Advanced rotorcraft flight research and development.
Sec. 223. Preservation and storage of certain property related to F136

          propulsion system.

                  Subtitle C--Missile Defense Programs

Sec. 231. Acquisition accountability reports on the ballistic missile

          defense system.
Sec. 232. Comptroller General review and assessment of missile defense

          acquisition programs.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense program.
Sec. 235. Limitation on availability of funds for the medium extended

          air defense system.
Sec. 236. Sense of Congress regarding ballistic missile defense

          training.

                           Subtitle D--Reports

Sec. 241. Extension of requirements for biennial roadmap and annual

          review and certification on funding for development of

          hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class

          replacement ballistic missile submarine.
Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC-46A aircraft

          acquisition program.
Sec. 245. Independent review and assessment of cryptographic

          modernization program.
Sec. 246. Report on increased budget items.

                        Subtitle E--Other Matters

Sec. 251. Repeal of requirement for Technology Transition Initiative.
Sec. 252. Contractor cost-sharing in pilot program to include technology

          protection features during research and development of certain

          defense systems.
Sec. 253. Extension of authority for mechanisms to provide funds for

          defense laboratories for research and development of

          technologies for military missions.
Sec. 254. National defense education program.
Sec. 255. Laboratory facilities, Hanover, New Hampshire.
Sec. 256. Sense of Congress on active matrix organic light emitting

          diode technology.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

             Subtitle B--Energy and Environmental Provisions

Sec. 311.  Designation of senior official of Joint Chiefs of Staff for

          operational energy plans and programs and operational energy

          budget certification.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for

          the national defense.
Sec. 313. Discharge of wastes at sea generated by ships of the Armed

          Forces.
Sec. 314. Modification to the responsibilities of the Assistant

          Secretary of Defense for Operational Energy, Plans, and

          Programs.
Sec. 315. Energy-efficient technologies in contracts for logistics

          support of contingency operations.
Sec. 316. Health assessment reports required when waste is disposed of

          in open-air burn pits.
Sec. 317. Streamlined annual report on defense environmental programs.
Sec. 318. Payment to Environmental Protection Agency of stipulated

          penalties in connection with Jackson Park Housing Complex,

          Washington.
Sec. 319. Requirements relating to Agency for Toxic Substances and

          Disease Registry investigation of exposure to drinking water

          contamination at Camp Lejeune, North Carolina.
Sec. 320. Fire suppression agents.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Designation of military arsenal facilities as Centers of

          Industrial and Technical Excellence.
Sec. 323. Permanent and expanded authority for Army industrial

          facilities to enter into certain cooperative arrangements with

          non-Army entities.
Sec. 324. Implementation of corrective actions resulting from corrosion

          study of the F-22 and F-35 aircraft.
Sec. 325. Modification of requirements relating to minimum capital

          investment for certain depots.
Sec. 326. Reports on depot-related activities.
Sec. 327. Core depot-level maintenance and repair capabilities.

                          Subtitle D--Readiness

Sec. 331. Modification of Department of Defense authority to accept

          voluntary contributions of funds.
Sec. 332. Review of proposed structures affecting navigable airspace.

                           Subtitle E--Reports

Sec. 341. Annual certification and modifications of annual report on

          prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for

          the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations

          forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and

          equipment service life extension programs to achieve cost

          savings.
Sec. 346. Study on United States force posture in the United States

          Pacific Command area of responsibility.
Sec. 347. Study on overseas basing presence of United States forces.
Sec. 348. Inclusion of assessment of joint military training and force

          allocations in quadrennial defense review and national

          military strategy.
Sec. 349. Modification of report on procurement of military working

          dogs.

           Subtitle F--Limitations and Extension of Authority

Sec. 351. Adoption of military working dog by family of deceased or

          seriously wounded member of the Armed Forces who was the dog's

          handler.
Sec. 352. Prohibition on expansion of the Air Force food transformation

          initiative.
Sec. 353. Designation and limitation on obligation and expenditure of

          funds for the migration of Army enterprise email services.
Sec. 354. One-year extension of pilot program for availability of

          working-capital funds to Army for certain product

          improvements.

                        Subtitle G--Other Matters

Sec. 361. Commercial sale of small arms ammunition and small arms

          ammunition components in excess of military requirements, and

          fired cartridge cases.
Sec. 362. Comptroller General review of space-available travel on

          military aircraft.
Sec. 363. Authority to provide information for maritime safety of forces

          and hydrographic support.
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection

          agreements.
Sec. 365. Clarification of the airlift service definitions relative to

          the Civil Reserve Air Fleet.
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 367. Policy on Active Shooter Training for certain law enforcement

          personnel.
Sec. 368. Procurement of tents or other temporary structures.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the

          reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2012 limitation on number of non-dual status

          technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active

          duty for operational support.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Increase in authorized strengths for Marine Corps officers on

          active duty in grades of major, lieutenant colonel, and

          colonel.
Sec. 502. General officer and flag officer reform.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Voluntary retirement incentive matters.

                Subtitle B--Reserve Component Management

Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Membership of the Chief of the National Guard Bureau on the

          Joint Chiefs of Staff.
Sec. 513. Modification of time in which preseparation counseling must be

          provided to reserve component members being demobilized.
Sec. 514. Clarification of applicability of authority for deferral of

          mandatory separation of military technicians (dual status)

          until age 60.
Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps

          Reserve, and Air Force Reserve to active duty to provide

          assistance in response to a major disaster or emergency.
Sec. 516. Authority for order to active duty of units of the Selected

          Reserve for preplanned missions in support of the combatant

          commands.
Sec. 517. Modification of eligibility for consideration for promotion

          for reserve officers employed as military technicians (dual

          status).
Sec. 518. Consideration of reserve component officers for appointment to

          certain command positions.
Sec. 519. Report on termination of military technician as a distinct

          personnel management category.

                 Subtitle C--General Service Authorities

Sec. 521. Sense of Congress on the unique nature, demands, and hardships

          of military service.
Sec. 522. Policy addressing dwell time and measurement and data

          collection regarding unit operating tempo and personnel tempo.
Sec. 523. Protected communications by members of the Armed Forces and

          prohibition of retaliatory personnel actions.
Sec. 524. Notification requirement for determination made in response to

          review of proposal for award of Medal of Honor not previously

          submitted in timely fashion.
Sec. 525. Expansion of regular enlisted members covered by early

          discharge authority.
Sec. 526. Extension of voluntary separation pay and benefits authority.
Sec. 527. Prohibition on denial of reenlistment of members for

          unsuitability based on the same medical condition for which

          they were determined to be fit for duty.
Sec. 528. Designation of persons authorized to direct disposition of

          remains of members of the Armed Forces.
Sec. 529. Matters covered by preseparation counseling for members of the

          Armed Forces and their spouses.
Sec. 530. Conversion of high-deployment allowance from mandatory to

          authorized.
Sec. 531. Extension of authority to conduct programs on career

          flexibility to enhance retention of members of the Armed

          Forces.
Sec. 532. Policy on military recruitment and enlistment of graduates of

          secondary schools.
Sec. 533. Department of Defense suicide prevention program.

             Subtitle D--Military Justice and Legal Matters

Sec. 541. Reform of offenses relating to rape, sexual assault, and other

          sexual misconduct under the Uniform Code of Military Justice.
Sec. 542. Authority to compel production of documentary evidence.
Sec. 543. Clarification of application and extent of direct acceptance

          of gifts authority.
Sec. 544. Freedom of conscience of military chaplains with respect to

          the performance of marriages.

      Subtitle E--Member Education and Training Opportunities and

                             Administration

Sec. 551. Employment skills training for members of the Armed Forces on

          active duty who are transitioning to civilian life.
Sec. 552. Enhancement of authorities on joint professional military

          education.
Sec. 553. Temporary authority to waive maximum age limitation on

          admission to the military service academies.
Sec. 554. Enhancement of administration of the United States Air Force

          Institute of Technology.
Sec. 555. Enrollment of certain seriously wounded, ill, or injured

          former or retired enlisted members of the Armed Forces in

          associate degree programs of the Community College of the Air

          Force in order to complete degree program.
Sec. 556. Reserve component mental health student stipend.
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-
          Teachers Program.
Sec. 558. Pilot program on receipt of civilian credentialing for skills

          required for military occupational specialties.
Sec. 559. Report on certain education assistance programs.

                Subtitle F--Armed Forces Retirement Home

Sec. 561. Control and administration by Secretary of Defense.
Sec. 562. Senior Medical Advisor oversight of health care provided to

          residents of Armed Forces Retirement Home.
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council

          and Resident Advisory Committees.
Sec. 564. Administrators, Ombudsmen, and staff of facilities.
Sec. 565. Revision of fee requirements.
Sec. 566. Revision of inspection requirements.
Sec. 567. Repeal of obsolete transitional provisions and technical,

          conforming, and clerical amendments.

Subtitle G--Defense Dependents' Education and Military Family Readiness

                                 Matters

Sec. 571. Impact aid for children with severe disabilities.
Sec. 572. Continuation of authority to assist local educational agencies

          that benefit dependents of members of the Armed Forces and

          Department of Defense civilian employees.
Sec. 573. Three-year extension and enhancement of authorities on

          transition of military dependent students among local

          educational agencies.
Sec. 574. Revision to membership of Department of Defense Military

          Family Readiness Council.
Sec. 575. Reemployment rights following certain National Guard duty.
Sec. 576. Expansion of Operation Hero Miles.
Sec. 577. Report on Department of Defense autism pilot and demonstration

          projects.
Sec. 578. Comptroller General of the United States report on Department

          of Defense military spouse employment programs.

Subtitle H--Improved Sexual Assault Prevention and Response in the Armed

                                 Forces

Sec. 581. Access of sexual assault victims to legal assistance and

          services of Sexual Assault Response Coordinators and Sexual

          Assault Victim Advocates.
Sec. 582. Consideration of application for permanent change of station

          or unit transfer based on humanitarian conditions for victim

          of sexual assault or related offense.
Sec. 583. Director of Sexual Assault Prevention and Response Office.
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim

          Advocates.
Sec. 585. Training and education programs for sexual assault prevention

          and response program.
Sec. 586. Department of Defense policy and procedures on retention and

          access to evidence and records relating to sexual assaults

          involving members of the Armed Forces.

                        Subtitle I--Other Matters

Sec. 588. Department of Defense authority to carry out personnel

          recovery reintegration and post-isolation support activities.
Sec. 589. Military adaptive sports program.
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration

          Program.
Sec. 591. Army National Military Cemeteries.
Sec. 592. Inspection of military cemeteries under jurisdiction of the

          military departments.
Sec. 593. Authorization for award of the distinguished service cross for

          Captain Fredrick L. Spaulding for acts of valor during the

          Vietnam War.
Sec. 594. Authorization and request for award of Medal of Honor to Emil

          Kapaun for acts of valor during the Korean War.
Sec. 595. Review regarding award of Medal of Honor to Jewish American

          World War I veterans.
Sec. 596. Report on process for expedited determination of disability of

          members of the Armed Forces with certain disabling conditions.
Sec. 597. Comptroller General study of military necessity of Selective

          Service System and alternatives.
Sec. 598. Evaluation of issues affecting disposition of remains of

          American sailors killed in the explosion of the ketch U.S.S.

          Intrepid in Tripoli Harbor on September 4, 1804.

           TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Resumption of authority to provide temporary increase in rates

          of basic allowance for housing under certain circumstances.
Sec. 602. Lodging accommodations for members assigned to duty in

          connection with commissioning or fitting out of a ship.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay

          authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay

          authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for

          nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37

          consolidated special pay, incentive pay, and bonus

          authorities.
Sec. 615. One-year extension of authorities relating to payment of other

          title 37 bonuses and special pays.
Sec. 616. Modification of qualifying period for payment of hostile fire

          and imminent danger special pay and hazardous duty special

          pay.

       Subtitle C--Travel and Transportation Allowances Generally

Sec. 621. One-year extension of authority to reimburse travel expenses

          for inactive-duty training outside of normal commuting

          distance.

   Subtitle D--Consolidation and Reform of Travel and Transportation

                               Authorities

Sec. 631. Consolidation and reform of travel and transportation

          authorities of the uniformed services.
Sec. 632. Transition provisions.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

                             and Operations

Sec. 641. Discretion of the Secretary of the Navy to select categories

          of merchandise to be sold by ship stores afloat.
Sec. 642. Access of military exchange stores system to credit available

          through Federal Financing Bank.
Sec. 643. Designation of Fisher House for the Families of the Fallen and

          Meditation Pavilion, Dover Air Force Base, Delaware, as a

          Fisher House.

        Subtitle F--Disability, Retired Pay and Survivor Benefits

Sec. 651. Death gratuity and related benefits for Reserves who die

          during an authorized stay at their residence during or between

          successive days of inactive duty training.

                        Subtitle G--Other Matters

Sec. 661. Report on basic allowance for housing for National Guard

          members transitioning between active duty and full-time

          National Guard duty.
Sec. 662. Report on incentives for recruitment and retention of health

          care professionals.

                    TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Mental health assessments for members of the Armed Forces

          deployed in support of a contingency operation.
Sec. 703. Behavioral health support for members of the reserve

          components of the Armed Forces.
Sec. 704. Provision of food to certain members and dependents not

          receiving inpatient care in military medical treatment

          facilities.
Sec. 705. Travel for anesthesia services for childbirth for command-
          sponsored dependents of members assigned to remote locations

          outside the continental United States.
Sec. 706. Transitional health benefits for certain members with

          extension of active duty following active duty in support of a

          contingency operation.
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior

          Act.
Sec. 708. Transition enrollment of uniformed services family health plan

          medicare-eligible retirees to TRICARE for life.

                 Subtitle B--Health Care Administration

Sec. 711. Codification and improvement of procedures for mental health

          evaluations for members of the Armed Forces.
Sec. 712. Extension of time limit for submittal of claims under the

          TRICARE program for care provided outside the United States.
Sec. 713. Expansion of State licensure exception for certain health care

          professionals.
Sec. 714. Clarification on confidentiality of medical quality assurance

          records.
Sec. 715. Maintenance of the adequacy of provider networks under the

          TRICARE program.
Sec. 716. Review of the administration of the military health system.
Sec. 717. Limitation on availability of funds for the future electronic

          health records program.

                  Subtitle C--Reports and Other Matters

Sec. 721. Modification of authorities on surveys on continued viability

          of TRICARE Standard and TRICARE Extra.
Sec. 722. Treatment of wounded warriors.
Sec. 723. Report on research and treatment of post-traumatic stress

          disorder.
Sec. 724. Report on memorandum regarding traumatic brain injuries.
Sec. 725. Comptroller General report on women-specific health services

          and treatment for female members of the Armed Forces.
Sec. 726. Comptroller General report on contract health care staffing

          for military medical treatment facilities.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Requirements relating to core depot-level maintenance and

          repair capabilities for Milestone A and Milestone B and

          elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support

          contractors.
Sec. 803. Extension of applicability of the senior executive benchmark

          compensation amount for purposes of allowable cost limitations

          under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition

          Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past

          performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board

          Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for

          contract services.
Sec. 809. Annual report on single-award task and delivery order

          contracts.

 Subtitle B--Amendments to General Contracting Authorities, Procedures,

                             and Limitations

Sec. 811. Calculation of time period relating to report on critical

          changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition

          Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and

          delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase

          right-hand drive passenger sedan vehicles and adjustment of

          threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data

          restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor

          business systems.
Sec. 817. Compliance with defense procurement requirements for purposes

          of internal controls of non-defense agencies for procurements

          on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems

          Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of

          Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from

          American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon

          fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Waiver of requirements relating to new milestone approval for

          certain major defense acquisition programs experiencing

          critical cost growth due to change in quantity purchased.
Sec. 832. Assessment, management, and control of operating and support

          costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets

          for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of

          manufacturing risk in major defense acquisition programs.
Sec. 835. Management of developmental test and evaluation for major

          defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon

          systems to be procured under cooperative projects with

          friendly foreign countries.
Sec. 837. Competition in maintenance and sustainment of subsystems of

          major weapon systems.
Sec. 838. Oversight of and reporting requirements with respect to

          Evolved Expendable Launch Vehicle program.
Sec. 839. Implementation of acquisition strategy for Evolved Expendable

          Launch Vehicle.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency

                    Operations in Iraq or Afghanistan

Sec. 841. Prohibition on contracting with the enemy in the United States

          Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in

          the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring

          Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services

          in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition

          and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent

          operational needs.

               Subtitle E--Defense Industrial Base Matters

Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial

          base.
Sec. 853. Assessment of feasability and advisability of establishment of

          rare earth material inventory.
Sec. 854. Department of Defense assessment of industrial base for night

          vision image intensification sensors.
Sec. 855. Technical amendment relating to responsibilities of Deputy

          Assistant Secretary of Defense for Manufacturing and

          Industrial Base Policy.

                        Subtitle F--Other Matters

Sec. 861. Clarification of jurisdiction of the United States district

          courts to hear bid protest disputes involving maritime

          contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering,

          and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the

          Department of Defense for multiyear contracts for the purchase

          of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 865. Modification of delegation of authority to make determinations

          on entry into cooperative research and development agreements

          with NATO and other friendly organizations and countries.
Sec. 866. Three-year extension of test program for negotiation of

          comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege

          Program.

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Revision of defense business systems requirements.
Sec. 902. Qualifications for appointments to the position of Deputy

          Secretary of Defense.
Sec. 903. Designation of Department of Defense senior official with

          principal responsibility for airship programs.
Sec. 904. Memoranda of agreement on identification and dedication of

          enabling capabilities of general purpose forces to fulfill

          certain requirements of special operations forces.
Sec. 905. Assessment of Department of Defense access to non-United

          States citizens with scientific and technical expertise vital

          to the national security interests.
Sec. 906. Sense of Congress on use of modeling and simulation in

          Department of Defense activities.
Sec. 907. Sense of Congress on ties between Joint Warfighting and

          Coalition Center and Allied Command Transformation of NATO.
Sec. 908. Report on effects of planned reductions of personnel at the

          Joint Warfare Analysis Center on personnel skills.

                      Subtitle B--Space Activities

Sec. 911. Harmful interference to Department of Defense Global

          Positioning System.
Sec. 912. Authority to designate increments or blocks of satellites as

          major subprograms subject to acquisition reporting

          requirements.

                Subtitle C--Intelligence-Related Matters

Sec. 921. Report on implementation of recommendations by the Comptroller

          General on intelligence information sharing.
Sec. 922. Insider threat detection.
Sec. 923. Expansion of authority for exchanges of mapping, charting, and

          geodetic data to include nongovernmental organizations and

          academic institutions.
Sec. 924. Ozone Widget Framework.
Sec. 925. Plan for incorporation of enterprise query and correlation

          capability into the Defense Intelligence Information

          Enterprise.
Sec. 926. Facilities for intelligence collection or special operations

          activities abroad.

                   Subtitle D--Total Force Management

Sec. 931. General policy for total force management.
Sec. 932. Revisions to Department of Defense civilian personnel

          management constraints.
Sec. 933. Additional amendments relating to total force management.
Sec. 934. Modifications of annual defense manpower requirements report.
Sec. 935. Revisions to strategic workforce plan.
Sec. 936. Amendments to requirement for inventory of contracts for

          services.
Sec. 937. Preliminary planning and duration of public-private

          competitions.
Sec. 938. Conversion of certain functions from contractor performance to

          performance by Department of Defense civilian employees.

     Subtitle E--Quadrennial Roles and Missions and Related Matters

Sec. 941. Chairman of the Joint Chiefs of Staff assessment of

          contingency plans.
Sec. 942. Quadrennial defense review.

                        Subtitle F--Other Matters

Sec. 951. Activities to improve multilateral, bilateral, and regional

          cooperation regarding cybersecurity.
Sec. 952. Report on United States Special Operations Command structure.
Sec. 953. Strategy to acquire capabilities to detect previously unknown

          cyber attacks.
Sec. 954. Military activities in cyberspace.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budgetary effects of this Act.
Sec. 1003. Additional requirements relating to the development of the

          Financial Improvement and Audit Readiness Plan.
Sec. 1003A. Display of procurement of equipment for the reserve

          components of the Armed Forces under estimated expenditures

          for procurement in future-years defense programs.

                   Subtitle B--Counter-Drug Activities

Sec. 1004. Extension of authority for joint task forces to provide

          support to law enforcement agencies conducting counter-
          terrorism activities.
Sec. 1005. Three-year extension and modification of authority of

          Department of Defense to provide additional support for

          counterdrug activities of other governmental agencies.
Sec. 1006. Two-year extension and expansion of authority to provide

          additional support for counter-drug activities of certain

          foreign governments.
Sec. 1007. Extension of authority to support unified counter-drug and

          counterterrorism campaign in Colombia.
Sec. 1008. Reporting requirement on expenditures to support foreign

          counter-drug activities.

                 Subtitle C--Naval Vessels and Shipyards

Sec. 1011. Budgeting for construction of naval vessels.
Sec. 1012. Sense of Congress on naming of Naval vessel after United

          States Marine Corps Sergeant Rafael Peralta.
Sec. 1013. Limitation on availability of funds for placing Maritime

          Prepositioning Ship squadrons on reduced operating status.
Sec. 1014. Report on policies and practices of the Navy for naming the

          vessels of the Navy.
Sec. 1015. Transfer of certain high-speed ferries to the Navy.
Sec. 1016. Modification of conditions on status of retired aircraft

          carrier ex-John F. Kennedy.
Sec. 1017. Assessment of stationing of additional DDG-51 class

          destroyers at Naval Station Mayport, Florida.

                      Subtitle D--Counterterrorism

Sec. 1021. Affirmation of authority of the Armed Forces of the United

          States to detain covered persons pursuant to the Authorization

          for Use of Military Force.
Sec. 1022. Military custody for foreign al-Qaeda terrorists.
Sec. 1023. Procedures for periodic detention review of individuals

          detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1024. Procedures for status determinations.
Sec. 1025. Requirement for national security protocols governing

          detainee communications.
Sec. 1026. Prohibition on use of funds to construct or modify facilities

          in the United States to house detainees transferred from

          United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1027. Prohibition on the use of funds for the transfer or release

          of individuals detained at United States Naval Station,

          Guantanamo Bay, Cuba.
Sec. 1028. Requirements for certifications relating to the transfer of

          detainees at United States Naval Station, Guantanamo Bay,

          Cuba, to foreign countries and other foreign entities.
Sec. 1029. Requirement for consultation regarding prosecution of

          terrorists.
Sec. 1030. Clarification of right to plead guilty in trial of capital

          offense by military commission.
Sec. 1031. Counterterrorism operational briefing requirement.
Sec. 1032. National security planning guidance to deny safe havens to

          al-Qaeda and its violent extremist affiliates.
Sec. 1033. Extension of authority to make rewards for combating

          terrorism.
Sec. 1034. Amendments relating to the Military Commissions Act of 2009.

                       Subtitle E--Nuclear Forces

Sec. 1041. Biennial assessment and report on the delivery platforms for

          nuclear weapons and the nuclear command and control system.
Sec. 1042. Plan on implementation of the New START Treaty.
Sec. 1043. Annual report on the plan for the nuclear weapons stockpile,

          nuclear weapons complex, nuclear weapons delivery systems, and

          nuclear weapons command and control system.
Sec. 1044. Sense of Congress on nuclear force reductions.
Sec. 1045. Nuclear force reductions.
Sec. 1046. Nuclear employment strategy of the United States.
Sec. 1047. Comptroller General report on nuclear weapon capabilities and

          force structure requirements.
Sec. 1048. Report on feasibility of joint replacement fuze program.

                    Subtitle F--Financial Management

Sec. 1051. Modification of authorities on certification and credential

          standards for financial management positions in the Department

          of Defense.
Sec. 1052. Reliability of Department of Defense financial statements.
Sec. 1053. Inclusion of plan on the financial management workforce in

          the strategic workforce plan of the Department of Defense.
Sec. 1054. Tracking implementation of Department of Defense

          efficiencies.

      Subtitle G--Repeal and Modification of Reporting Requirements

Sec. 1061. Repeal of reporting requirements under title 10, United

          States Code.
Sec. 1062. Repeal of reporting requirements under annual defense

          authorization acts.
Sec. 1063. Repeal of reporting requirements under other laws.
Sec. 1064. Modification of reporting requirements under title 10, United

          States Code.
Sec. 1065. Modification of reporting requirements under other titles of

          the United States Code.
Sec. 1066. Modification of reporting requirements under annual defense

          authorization acts.
Sec. 1067. Modification of reporting requirements under other laws.

                     Subtitle H--Studies and Reports

Sec. 1068. Transmission of reports in electronic format.
Sec. 1069. Modifications to annual aircraft procurement plan.
Sec. 1070. Change of deadline for annual report to Congress on National

          Guard and reserve component equipment.
Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear

          weapons, and related programs in non-nuclear weapons states

          and countries not parties to the nuclear non-proliferation

          treaty, and certain foreign persons.
Sec. 1072. Implementation plan for whole-of-government vision prescribed

          in the National Security Strategy.
Sec. 1073. Reports on resolution restrictions on the commercial sale or

          dissemination of eletro-optical imagery collected by

          satellites.
Sec. 1074. Report on integration of unmanned aerial systems into the

          national airspace system.
Sec. 1075. Report on feasibility of using unmanned aerial systems to

          perform airborne inspection of navigational aids in foreign

          airspace.
Sec. 1076. Comptroller General review of medical research and

          development relating to improved combat casualty care.
Sec. 1077. Reports to Congress on the modification of the force

          structure for the strategic nuclear weapons delivery systems

          of the United States.
Sec. 1078. Comptroller General of the United States reports on the major

          automated information system programs of the Department of

          Defense.
Sec. 1079. Report on Defense Department analytic capabilities regarding

          foreign ballistic missile threats.
Sec. 1080. Report on approval and implementation of Air Sea Battle

          Concept.
Sec. 1080A. Report on costs of units of the reserve components and the

          active components of the Armed Forces.

          Subtitle I--Miscellaneous Authorities and Limitations

Sec. 1081. Authority for assignment of civilian employees of the

          Department of Defense as advisors to foreign ministries of

          defense.
Sec. 1082. Exemption from Freedom of Information Act for data files of

          the military flight operations quality assurance systems of

          the military departments.
Sec. 1083. Limitation on procurement and fielding of light attack armed

          reconnaissance aircraft.
Sec. 1084. Prohibition on the use of funds for manufacturing beyond low

          rate initial production at certain prototype integration

          facilities.
Sec. 1085. Use of State Partnership Program funds for certain purposes.

                        Subtitle J--Other Matters

Sec. 1086. Redesignation of psychological operations as military

          information support operations in title 10, United States

          Code, to conform to Department of Defense usage.
Sec. 1087. Termination of requirement for appointment of civilian

          members of National Security Education Board by and with the

          advice and consent of the Senate.
Sec. 1088. Sense of Congress on application of moratorium on earmarks to

          this Act.
Sec. 1089. Technical amendment.
Sec. 1090. Cybersecurity collaboration between the Department of Defense

          and the Department of Homeland Security.
Sec. 1091. Treatment under Freedom of Information Act of certain

          Department of Defense critical infrastructure security

          information.
Sec. 1092. Expansion of scope of humanitarian demining assistance

          program to include stockpiled conventional munitions

          assistance.
Sec. 1093. Number of Navy carrier air wings and carrier air wing

          headquarters.
Sec. 1094. Display of annual budget requirements for organizational

          clothing and individual equipment.
Sec. 1095. National Rocket Propulsion Strategy.
Sec. 1096. Grants to certain regulated companies for specified energy

          property not subject to normalization rules.
Sec. 1097. Unmanned aerial systems and national airspace.
Sec. 1098. Modification of dates of Comptroller General of the United

          States review of executive agreement on joint medical facility

          demonstration project, North Chicago and Great Lakes,

          Illinois.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                          Subtitle A--Personnel

Sec. 1101. Amendments to Department of Defense personnel authorities.
Sec. 1102. Provisions relating to the Department of Defense performance

          management system.
Sec. 1103. Repeal of sunset provision relating to direct hire authority

          at demonstration laboratories.
Sec. 1104. One-year extension of authority to waive annual limitation on

          premium pay and aggregate limitation on pay for Federal

          civilian employees working overseas.
Sec. 1105. Waiver of certain pay limitations.
Sec. 1106. Services of post-combat case coordinators.
Sec. 1107. Authority to waive maximum-age limit for certain

          appointments.
Sec. 1108. Sense of Congress relating to pay parity for Federal

          employees serving at certain remote military installations.
Sec. 1109. Federal internship programs.
Sec. 1110. Extension and expansion of experimental personnel program for

          scientific and technical personnel.
Sec. 1111. Authority of the Secretaries of the military departments to

          employ up to 10 persons without pay.
Sec. 1112. Two-year extension of discretionary authority to grant

          allowances, benefits, and gratuities to personnel on official

          duty in a combat zone.

                        Subtitle B--Other Matters

Sec. 1121. Modification of beneficiary designation authorities for death

          gratuity payable upon death of a United States Government

          employee in service with the Armed Forces.
Sec. 1122. Authority for waiver of recovery of certain payments

          previously made under civilian employees voluntary separation

          incentive program.
Sec. 1123. Extension of continued health benefits.
Sec. 1124. Disclosure of senior mentors.
Sec. 1125. Termination of Joint Safety Climate Assessment System.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Commanders' Emergency Response Program in Afghanistan.
Sec. 1202. Three-year extension of temporary authority to use

          acquisition and cross-servicing agreements to lend military

          equipment for personnel protection and survivability.
Sec. 1203. Extension and expansion of authority for support of special

          operations to combat terrorism.
Sec. 1204. Modification and extension of authorities relating to program

          to build the capacity of foreign military forces.
Sec. 1205. Two-year extension of authorization for non-conventional

          assisted recovery capabilities.
Sec. 1206. Support of foreign forces participating in operations to

          disarm the Lord's Resistance Army.
Sec. 1207. Global Security Contingency Fund.

     Subtitle B--Matters Relating to Iraq, Afghanistan, and Pakistan

Sec. 1211. Extension and modification of logistical support for

          coalition forces supporting operations in Iraq and

          Afghanistan.
Sec. 1212. One-year extension of authority to transfer defense articles

          and provide defense services to the military and security

          forces of Iraq and Afghanistan.
Sec. 1213. One-year extension of authority for reimbursement of certain

          coalition nations for support provided to United States

          military operations.
Sec. 1214. Limitation on funds to establish permanent military

          installations or bases in Iraq and Afghanistan.
Sec. 1215. Authority to support operations and activities of the Office

          of Security Cooperation in Iraq.
Sec. 1216. One-year extension of authority to use funds for

          reintegration activities in Afghanistan.
Sec. 1217. Authority to establish a program to develop and carry out

          infrastructure projects in Afghanistan.
Sec. 1218. Two-year extension of certain reports on Afghanistan.
Sec. 1219. Limitation on availability of amounts for reintegration

          activities in Afghanistan.
Sec. 1220. Extension and modification of Pakistan Counterinsurgency

          Fund.
Sec. 1221. Benchmarks to evaluate the progress being made toward the

          transition of security responsibilities for Afghanistan to the

          Government of Afghanistan.

                  Subtitle C--Reports and Other Matters

Sec. 1231. Report on Coalition Support Fund reimbursements to the

          Government of Pakistan for operations conducted in support of

          Operation Enduring Freedom.
Sec. 1232. Review and report on Iran's and China's conventional and

          anti-access capabilities.
Sec. 1233. Report on energy security of the NATO alliance.
Sec. 1234. Comptroller General of the United States report on the

          National Guard State Partnership Program.
Sec. 1235. Man-portable air-defense systems originating from Libya.
Sec. 1236. Report on military and security developments involving the

          Democratic People's Republic of Korea.
Sec. 1237. Sense of Congress on non-strategic nuclear weapons and

          extended deterrence policy.
Sec. 1238. Annual report on military and security developments involving

          the People's Republic of China.
Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet

          Pilot Training program.
Sec. 1240. Report on Russian nuclear forces.
Sec. 1241. Report on progress of the African Union in operationalizing

          the African Standby Force.
Sec. 1242. Defense cooperation with Republic of Georgia.
Sec. 1243. Prohibition on procurements from Communist Chinese military

          companies.
Sec. 1244. Sharing of classified United States ballistic missile defense

          information with the Russian Federation.
Sec. 1245. Imposition of sanctions with respect to the financial sector

          of Iran.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of cooperative threat reduction programs and

          funds.
Sec. 1302. Funding allocations.
Sec. 1303. Limitation on availability of funds for cooperative

          biological engagement program.
Sec. 1304. Limitation on use of funds for establishment of centers of

          excellence in countries outside of the former Soviet Union.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund.
Sec. 1403. Chemical Agents and Munitions Destruction, Defense.
Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1405. Defense Inspector General.
Sec. 1406. Defense Health Program.

                 Subtitle B--National Defense Stockpile

Sec. 1411. Authorized uses of National Defense Stockpile funds.
Sec. 1412. Revision to required receipt objectives for previously

          authorized disposals from the National Defense Stockpile.

                        Subtitle C--Other Matters

Sec. 1421. Authorization of appropriations for Armed Forces Retirement

          Home.
Sec. 1422. Authority for transfer of funds to Joint Department of

          Defense-Department of Veterans Affairs Medical Facility

          Demonstration Fund for Captain James A. Lovell Health Care

          Center, Illinois.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS

                         CONTINGENCY OPERATIONS

         Subtitle A--Authorization of Additional Appropriations

Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Defense Health Program.
Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.
Sec. 1509. Defense Inspector General.

                      Subtitle B--Financial Matters

Sec. 1521. Treatment as additional authorizations.
Sec. 1522. Special transfer authority.

                Subtitle C--Limitations and Other Matters

Sec. 1531. Joint Improvised Explosive Device Defeat Fund.
Sec. 1532. Continuation of prohibition on use of United States funds for

          certain facilities projects in Iraq.
Sec. 1533. Availability of funds in Afghanistan Security Forces Fund.
Sec. 1534. One-year extension of project authority and related

          requirements of Task Force for Business and Stability

          Operations in Afghanistan.
Sec. 1535. Limitation on availability of funds for Trans Regional Web

          Initiative.
Sec. 1536. Report on lessons learned from Department of Defense

          participation on interagency teams for counterterrorism

          operations in Afghanistan and Iraq.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be

          specified by law.

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year

          2009 project.
Sec. 2106. Modification of authority to carry out certain fiscal year

          2010 project.
Sec. 2107. Modification of authority to carry out certain fiscal year

          2011 projects.
Sec. 2108. Additional authority to carry out certain fiscal year 2012

          project.
Sec. 2109. Extension of authorizations of certain fiscal year 2008

          projects.
Sec. 2110. Extension of authorizations of certain fiscal year 2009

          projects.
Sec. 2111. Tour normalization.
Sec. 2112. Technical amendments to correct certain project

          specifications.
Sec. 2113. Reduction of Army military construction authorization.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Extension of authorization of certain fiscal year 2008

          project.
Sec. 2206. Extension of authorizations of certain fiscal year 2009

          projects.
Sec. 2207. Guam realignment.
Sec. 2208. Reduction of Navy military construction authorization.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition

          projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorization to carry out certain fiscal

          year 2010 project.
Sec. 2306. Extension of authorization of certain fiscal year 2009

          project.
Sec. 2307. Reduction of Air Force military construction authorization.

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

                Subtitle A--Defense Agency Authorizations

Sec. 2401. Authorized defense agencies construction and land acquisition

          projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.

          Subtitle B--Chemical Demilitarization Authorizations

Sec. 2411. Authorization of appropriations, chemical demilitarization

          construction, defense-wide.

                        Subtitle C--Other Matters

Sec. 2421. Reduction of Defense Agencies military construction

          authorization.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

                                 PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

 Subtitle A--Project Authorizations and Authorization of Appropriations

Sec. 2601. Authorized Army National Guard construction and land

          acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition

          projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction

          and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land

          acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land

          acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.

                        Subtitle B--Other Matters

Sec. 2611. Extension of authorization of certain fiscal year 2008

          project.
Sec. 2612. Extension of authorizations of certain fiscal year 2009

          projects.
Sec. 2613. Modification of authority to carry out certain fiscal year

          2008 and 2009 projects.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and

          closure activities funded through Department of Defense Base

          Closure Account 1990.
Sec. 2702. Authorized base realignment and closure activities funded

          through Department of Defense Base Closure Account 2005.
Sec. 2703. Authority to complete specific base closure and realignment

          recommendations.
Sec. 2704. Special considerations related to transportation

          infrastructure in consideration and selection of military

          installations for closure or realignment.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

 Subtitle A--Military Construction Program and Military Family Housing

                                 Changes

Sec. 2801. Prohibition on use of any cost-plus system of contracting for

          military construction and military family housing projects.
Sec. 2802. Modification of authority to carry out unspecified minor

          military construction projects.
Sec. 2803. Protections for suppliers of labor and materials under

          contracts for military construction projects and military

          family housing projects.
Sec. 2804. Extension of temporary, limited authority to use operation

          and maintenance funds for construction projects outside the

          United States.
Sec. 2805. General military construction transfer authority.

         Subtitle B--Real Property and Facilities Administration

Sec. 2811. Clarification of authority to use Pentagon Reservation

          Maintenance Revolving Fund for minor construction and

          alteration activities at Pentagon Reservation.
Sec. 2812. Reporting requirements related to the granting of easements.
Sec. 2813. Limitations on use or development of property in Clear Zone

          Areas and clarification of authority to limit encroachments.
Sec. 2814. Department of Defense conservation and cultural activities.
Sec. 2815. Exchange of property at military installations.
Sec. 2816. Defense access road program enhancements to address

          transportation infrastructure in vicinity of military

          installations.

                       Subtitle C--Energy Security

Sec. 2821. Consolidation of definitions used in energy security chapter.
Sec. 2822. Consideration of energy security in developing energy

          projects on military installations using renewable energy

          sources.
Sec. 2823. Establishment of interim objective for Department of Defense

          2025 renewable energy goal.
Sec. 2824. Use of centralized purchasing agents for renewable energy

          certificates to reduce cost of facility energy projects using

          renewable energy sources and improve efficiencies.
Sec. 2825. Identification of energy-efficient products for use in

          construction, repair, or renovation of Department of Defense

          facilities.
Sec. 2826. Submission of annual Department of Defense energy management

          reports.
Sec. 2827. Requirement for Department of Defense to capture and track

          data generated in metering Department facilities.
Sec. 2828. Metering of Navy piers to accurately measure energy

          consumption.
Sec. 2829. Training policy for Department of Defense energy managers.
Sec. 2830. Report on energy-efficiency standards and prohibition on use

          of funds for Leadership in Energy and Environmental Design

          gold or platinum certification.

           Subtitle D--Provisions Related to Guam Realignment

Sec. 2841. Certification of medical care coverage for H-2B temporary

          workforce on military construction projects on Guam.
Sec. 2842. Repeal of condition on use of specific utility conveyance

          authority regarding Guam integrated water and wastewater

          treatment system.

                      Subtitle E--Land Conveyances

Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf

          Richardson, Alaska.
Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson,

          Arkansas.
Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and

          Ohana Nui areas, Hawaii.
Sec. 2854. Land exchange, Fort Bliss Texas.
Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah.

                        Subtitle F--Other Matters

Sec. 2861. Redesignation of Industrial College of the Armed Forces as

          the Dwight D. Eisenhower School for National Security and

          Resource Strategy.
Sec. 2862. Redesignation of Mike O'Callaghan Federal Hospital in Nevada

          as Mike O'Callaghan Federal Medical Center.
Sec. 2863. Prohibition on naming Department of Defense real property

          after a Member of Congress.
Sec. 2864. Notifications of reductions in number of members of the Armed

          Forces assigned to permanent duty at a military installation.
Sec. 2865. Investment plan for the modernization of public shipyards

          under jurisdiction of Department of the Navy.
Sec. 2866. Report on the Homeowners Assistance Program.
Sec. 2867. Data servers and centers.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND

                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.

    Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Limitation on availability of funds for establishment of

          centers of excellence on nuclear security outside of the

          former Soviet Union.
Sec. 3112. Aircraft procurement.
Sec. 3113. Hanford waste tank cleanup program reforms.
Sec. 3114. Recognition and status of National Atomic Testing Museum.

                           Subtitle C--Reports

Sec. 3121. Repeal of certain report requirements.
Sec. 3122. Progress on nuclear nonproliferation.
Sec. 3123. Reports on role of nuclear security complex sites and

          potential efficiencies.
Sec. 3124. Net assessment of high-performance computing capabilities of

          foreign countries.
Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear

          reactor technology.

                        Subtitle D--Other Matters

Sec. 3131. Sense of Congress on the use of savings from excess amounts

          for certain pension plan contributions.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                   TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for national security aspects

          of the merchant marine for fiscal year 2012.
Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force

          vessels.
Sec. 3503. Recruitment authority.
Sec. 3504. Ship scrapping reporting requirement.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

         TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas

          contingency operations.

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency

          operations.

                     TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

                     TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

                    TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

                DIVISION E--SBIR AND STTR REAUTHORIZATION

                    TITLE L--SHORT TITLE; DEFINITIONS

Sec. 5001. Short title.
Sec. 5002. Definitions.

                 TITLE LI--SBIR AND STTR REAUTHORIZATION

        Subtitle A--Reauthorization of the SBIR and STTR Programs

Sec. 5101. Extension of termination dates.
Sec. 5102. SBIR and STTR allocation increase.
Sec. 5103. SBIR and STTR award levels.
Sec. 5104. Agency and program flexibility.
Sec. 5105. Elimination of Phase II invitations.
Sec. 5106. Pilot to allow phase flexibility.
Sec. 5107. Participation by firms with substantial investment from

          multiple venture capital operating companies, hedge funds, or

          private equity firms in a portion of the SBIR program.
Sec. 5108. SBIR and STTR special acquisition preference.
Sec. 5109. Collaborating with Federal laboratories and research and

          development centers.
Sec. 5110. Notice requirement.
Sec. 5111. Additional SBIR and STTR awards.

         Subtitle B--Outreach and Commercialization Initiatives

Sec. 5121. Technical assistance for awardees.
Sec. 5122. Commercialization Readiness Program at Department of Defense.
Sec. 5123. Commercialization Readiness Pilot Program for civilian

          agencies.
Sec. 5124. Interagency Policy Committee.
Sec. 5125. Clarifying the definition of ``Phase III''.
Sec. 5126. Shortened period for final decisions on proposals and

          applications.
Sec. 5127. Phase 0 Proof of Concept Partnership pilot program.

                  Subtitle C--Oversight and Evaluation

Sec. 5131. Streamlining annual evaluation requirements.
Sec. 5132. Data collection from agencies for SBIR.
Sec. 5133. Data collection from agencies for STTR.
Sec. 5134. Public database.
Sec. 5135. Government database.
Sec. 5136. Accuracy in funding base calculations.
Sec. 5137. Continued evaluation by the National Academy of Sciences.
Sec. 5138. Technology insertion reporting requirements.
Sec. 5139. Intellectual property protections.
Sec. 5140. Obtaining consent from SBIR and STTR applicants to release

          contact information to economic development organizations.
Sec. 5141. Pilot to allow funding for administrative, oversight, and

          contract processing costs.
Sec. 5142. GAO study with respect to venture capital operating company,

          hedge fund, and private equity firm involvement.
Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud,

          waste, and abuse.
Sec. 5144. Simplified paperwork requirements.

                      Subtitle D--Policy Directives

Sec. 5151. Conforming amendments to the SBIR and the STTR Policy

          Directives.

                      Subtitle E--Other Provisions

Sec. 5161. Report on SBIR and STTR program goals.
Sec. 5162. Competitive selection procedures for SBIR and STTR programs.
Sec. 5163. Loan restrictions.
Sec. 5164. Limitation on pilot programs.
Sec. 5165. Commercialization success.
Sec. 5166. Publication of certain information.
Sec. 5167. Report on enhancement of manufacturing activities.
Sec. 5168. Coordination of the SBIR program and the Experimental Program

          to Stimulate Competitive Research.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

    For purposes of this Act, the term ``congressional defense

committees'' has the meaning given that term in section

101(a)(16) of title 10, United States Code.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Limitation on procurement of Stryker combat vehicles.
Sec. 112. Limitation on retirement of C-23 aircraft.
Sec. 113. Multiyear procurement authority for airframes for Army UH-60M/
          HH-60M helicopters and Navy MH-60R/MH-60S helicopters.

                        Subtitle C--Navy Programs

Sec. 121. Multiyear procurement authority for mission avionics and

          common cockpits for Navy MH-60R/S helicopters.
Sec. 122. Separate procurement line item for certain Littoral Combat

          Ship mission modules.
Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance

          and sustainability plans for the Littoral Combat Ship program.
Sec. 124. Extension of Ford-class aircraft carrier construction

          authority.

                     Subtitle D--Air Force Programs

Sec. 131. Strategic airlift aircraft force structure.
Sec. 132. Limitations on use of funds to retire B-1 bomber aircraft.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Availability of fiscal year 2011 funds for research and

          development relating to the B-2 bomber aircraft.
Sec. 135. Availability of fiscal year 2011 funds to support alternative

          options for extremely high frequency terminal Increment 1

          program of record.
Sec. 136. Procurement of advanced extremely high frequency satellites.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Limitation on availability of funds for acquisition of joint

          tactical radio system.
Sec. 142. Limitation on availability of funds for Aviation Foreign

          Internal Defense program.
Sec. 143. F-35 Joint Strike Fighter aircraft.
Sec. 144. Additional oversight requirements for the undersea mobility

          acquisition program of the United States Special Operations

          Command.
Sec. 145. Inclusion of information on approved Combat Mission

          Requirements in quarterly reports on use of Combat Mission

          Requirement funds.
Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-
          engining program.
Sec. 147. Authority for exchange with United Kingdom of specified F-35

          Lightning II Joint Strike Fighter aircraft.
Sec. 148. Report on probationary period in development of short take-
          off, vertical landing variant of the Joint Strike Fighter.
Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform

          Act of 2009 measures within the Joint Strike Fighter aircraft

          program.

              Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

     Funds are hereby authorized to be appropriated for fiscal

year 2012 for procurement for the Army, the Navy and the Marine

Corps, the Air Force, and Defense-wide activities, as specified

in the funding table in section 4101.

                       Subtitle B--Army Programs

SEC. 111. LIMITATION ON PROCUREMENT OF STRYKER COMBAT VEHICLES.

    (a) Limitation.--Except as provided by subsection (b), of

the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2012 for weapons and

tracked combat vehicles, Army, the Secretary of the Army may

not procure more than 100 Stryker combat vehicles.
    (b) Waiver.--The Secretary of the Army may waive the

limitation under subsection (a) if the Secretary submits to the

congressional defense committees written certification by the

Assistant Secretary of the Army for Acquisition, Technology,

and Logistics that--
            (1) there are validated needs of the Army requiring

        the waiver;
            (2) all Stryker combat vehicles required to fully

        equip the nine Stryker brigades and to meet other

        validated requirements regarding the vehicle have been

        procured or placed on contract for procurement;
            (3) the size of the Stryker combat vehicle fleet

        not assigned directly to Stryker brigade combat teams

        is essential to maintaining the readiness of Stryker

        brigade combat teams; and
            (4) with respect to the Stryker combat vehicles

        planned to be procured pursuant to the waiver, cost

        estimates are complete for the long-term sustainment of

        the vehicles.

SEC. 112. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.

    (a) In General.--Upon determining to retire a C-23 aircraft

for which there has been no previously agreed upon transfer of

title for such aircraft as of the date of the enactment of this

Act, the Secretary of the Army shall first offer title to such

aircraft to the chief executive officer of the State in which

such aircraft is based.
    (b) Transfer Upon Acceptance of Offer.--If the chief

executive officer of a State accepts title of an aircraft under

subsection (a), the Secretary shall transfer title of the

aircraft to the State without charge to the State. The

Secretary shall provide a reasonable amount of time for

acceptance of the offer.
    (c) Sustainment.--Immediately upon transfer of title to an

aircraft to the State under this section, the State shall

assume all costs associated with operating, maintaining,

sustaining, and modernizing the aircraft.
    (d) Airlift Study and Report.--
            (1) Study.--Not later than one year after the date

        of the enactment of this Act, the Secretary of the Air

        Force, in consultation with the Secretary of the Army,

        the Director of the National Guard Bureau, each

        supported commander of a combatant command, and the

        Administrator of the Federal Emergency Management

        Agency, shall conduct a study to determine the number

        of fixed-wing and rotary-wing aircraft required to

        support the following titles 10 and 32, United States

        Code, missions at low, medium, moderate, high, and

        very-high levels of operational risk:
                    (A) Homeland defense.
                    (B) Time sensitive, direct support to

                forces consisting of the regular component of

                the Army and the National Guard.
                    (C) Disaster response.
                    (D) Humanitarian assistance.
            (2) Report.--The Secretary shall submit to the

        congressional defense committees a report containing

        the study under paragraph (1).
    (e) GAO Sufficiency Review.--
            (1) Review.--The Comptroller General of the United

        States shall conduct a sufficiency review of the study

        under subsection (d)(1).
            (2) Report.--The Comptroller General shall submit

        to the congressional defense committees a report

        containing the review under paragraph (1).

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY UH-
                    60M/HH-60M HELICOPTERS AND NAVY MH-60R/MH-60S

                    HELICOPTERS.

    (a) Authority for Multiyear Procurement.--Subject to

section 2306b of title 10, United States Code, the Secretary of

the Army may enter into one or more multiyear contracts,

beginning with the fiscal year 2012 program year, for the

procurement of airframes for UH-60M/HH-60M helicopters and,

acting as the executive agent for the Department of the Navy,

for the procurement of airframes for MH-60R/S helicopters.
    (b) Condition for Out-year Contract Payments.--A contract

entered into under subsection (a) shall provide that any

obligation of the United States to make a payment under the

contract for a fiscal year after fiscal year 2012 is subject to

the availability of appropriations for that purpose for such

later fiscal year.

                       Subtitle C--Navy Programs

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND

                    COMMON COCKPITS FOR NAVY MH-60R/S HELICOPTERS.

    (a) Authority for Multiyear Procurement.--Subject to

section 2306b of title 10, United States Code, the Secretary of

the Navy may enter into one or more multiyear contracts,

beginning with the fiscal year 2012 program year, for the

procurement of mission avionics and common cockpits for MH-60R/
S helicopters.
    (b) Condition for Out-year Contract Payments.--A contract

entered into under subsection (a) shall provide that any

obligation of the United States to make a payment under the

contract for a fiscal year after fiscal year 2012 is subject to

the availability of appropriations for that purpose for such

later fiscal year.

SEC. 122. SEPARATE PROCUREMENT LINE ITEM FOR CERTAIN LITTORAL COMBAT

                    SHIP MISSION MODULES.

    (a) In General.--In the budget materials submitted to the

President by the Secretary of Defense in connection with the

submission to Congress, pursuant to section 1105 of title 31,

United States Code, of the budget for fiscal year 2013, and

each subsequent fiscal year, the Secretary shall ensure that a

separate, dedicated procurement line item is designated for

each covered module that includes the quantity and cost of each

such module requested.
    (b) Form.--The Secretary shall ensure that any classified

components of covered modules not included in a procurement

line item under subsection (a) shall be included in a

classified annex.
    (c) Covered Module.--In this section, the term ``covered

module'' means, with respect to mission modules of the Littoral

Combat Ship, the following modules:
            (1) Surface warfare.
            (2) Mine countermeasures.
            (3) Anti-submarine warfare.

SEC. 123. LIFE-CYCLE COST-BENEFIT ANALYSIS ON ALTERNATIVE MAINTENANCE

                    AND SUSTAINABILITY PLANS FOR THE LITTORAL COMBAT

                    SHIP PROGRAM.

    (a) Cost-benefit Analysis.--The Secretary of the Navy shall

conduct a life-cycle cost-benefit analysis, in accordance with

the Office of Management and Budget Circular A-94, comparing

alternative maintenance and sustainability plans for the

Littoral Combat Ship program.
    (b) Report.--At the same time that the budget of the

President is submitted to Congress under section 1105(a) of

title 31, United States Code, for fiscal year 2013, the

Secretary of the Navy shall submit to the congressional defense

committees a report on the cost-benefit analysis conducted

under subsection (a).

SEC. 124. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUCTION

                    AUTHORITY.

    Section 121(a) of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120

Stat. 2104) is amended by striking ``three fiscal years'' and

inserting ``four fiscal years''.

                     Subtitle D--Air Force Programs

SEC. 131. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.

    Section 8062(g)(1) of title 10, United States Code, is

amended--
            (1) by striking ``October 1, 2009'' and inserting

        ``October 1, 2011''; and
            (2) by striking ``316 aircraft'' and inserting

        ``301 aircraft''.

SEC. 132. LIMITATIONS ON USE OF FUNDS TO RETIRE B-1 BOMBER AIRCRAFT.

    (a) In General.--None of the funds authorized to be

appropriated by this Act for fiscal year 2012 for the

Department of Defense may be obligated or expended to retire

any B-1 bomber aircraft on or before the date on which the

Secretary of the Air Force submits to the congressional defense

committees the plan described in subsection (b).
    (b) Plan Described.--The plan described in this subsection

is a plan for retiring B-1 bomber aircraft that includes the

following:
            (1) An identification of each B-1 bomber aircraft

        that will be retired and the disposition plan for such

        aircraft.
            (2) An estimate of the savings that will result

        from the proposed retirement of B-1 bomber aircraft in

        each calendar year through calendar year 2022.
            (3) An estimate of the amount of the savings

        described in paragraph (2) that will be reinvested in

        the modernization of B-1 bomber aircraft still in

        service in each calendar year through calendar year

        2022.
            (4) A modernization plan for sustaining the

        remaining B-1 bomber aircraft through at least calendar

        year 2022.
            (5) An estimate of the amount of funding required

        to fully fund the modernization plan described in

        paragraph (4) for each calendar year through calendar

        year 2022.
    (c) Post-plan B-1 Retirement.--
            (1) In general.--During the period described by

        paragraph (4), the Secretary of the Air Force shall

        maintain in a common capability configuration not less

        than 36 B-1 aircraft as combat-coded aircraft.
            (2) FY 2014 and thereafter.--After the period

        described in paragraph (4), the Secretary shall

        maintain not less than--
                    (A) 35 B-1 aircraft as combat-coded

                aircraft in a common capability configuration

                until September 30, 2014;
                    (B) 34 such aircraft as combat-coded

                aircraft in a common capability configuration

                until September 30, 2015; and
                    (C) 33 such aircraft as combat-coded

                aircraft in a common capability configuration

                until September 30, 2016.
            (3) Total amount of retired b-1 aircraft.--The

        Secretary may not retire more than a total of six B-1

        aircraft, including the B-1 aircraft retired in

        accordance with this subsection.
            (4) Period described.--The period described in this

        paragraph is the period beginning on the date on which

        the plan described in subsection (b) is submitted to

        the congressional defense committees and ending on

        September 30, 2013.
            (5) Combat-coded aircraft defined.--In this

        subsection, the term ``combat-coded aircraft'' means

        aircraft assigned to meet the primary aircraft

        authorization to a unit for the performance of its

        wartime mission.

SEC. 133. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.

    (a) Limitation.--The Secretary of the Air Force may take no

action that would prevent the Air Force from maintaining the U-
2 aircraft fleet in its current configuration and capability

beyond fiscal year 2016 until--
            (1) the Under Secretary of Defense for Acquisition,

        Technology, and Logistics certifies in writing to the

        appropriate committees of Congress that the operating

        and sustainment (O&S;) costs for the Global Hawk

        unmanned aerial vehicle (UAV) are less than the

        operating and sustainment costs for the U-2 aircraft on

        a comparable flight-hour cost basis; and
            (2) the Chairman of the Joint Requirements

        Oversight Council certifies in writing to the

        appropriate committees of Congress that the capability

        to be fielded at the same time or before the U-2

        aircraft retirement would result in equal or greater

        capability available to the commanders of the combatant

        commands.
    (b) Appropriate Committees of Congress Defined.--In this

section, the term ``appropriate committees of Congress''

means--
            (1) the Committee on Armed Services, the Committee

        on Appropriations, and the Select Committee on

        Intelligence of the Senate; and
            (2) the Committee on Armed Services, the Committee

        on Appropriations, and the Permanent Select Committee

        on Intelligence of the House of Representatives.

SEC. 134. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND

                    DEVELOPMENT RELATING TO THE B-2 BOMBER AIRCRAFT.

    Of the unobligated balance of amounts appropriated for

fiscal year 2011 for the Air Force and available for

procurement of B-2 bomber aircraft modifications, post-
production support, and other charges, $20,000,000 may be

available for fiscal year 2012 for research, development, test,

and evaluation with respect to a conventional mixed load

capability for the B-2 bomber aircraft.

SEC. 135. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT ALTERNATIVE

                    OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL

                    INCREMENT 1 PROGRAM OF RECORD.

    (a) In General.--Of the unobligated balance of amounts

appropriated for fiscal year 2011 for the Air Force and

available for procurement of B-2 bomber aircraft modifications,

post-production support, and other charges, $15,000,000 may be

available to support alternative options for the extremely high

frequency terminal Increment 1 program of record.
    (b) Plan To Secure Protected Communications.--Not later

than 90 days after the date of the enactment of this Act, the

Secretary of the Air Force shall submit to the congressional

defense committees a plan to provide an extremely high

frequency terminal for secure protected communications for the

B-2 bomber aircraft and other aircraft.

SEC. 136. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES.

    (a) Contract Authority.--
            (1) In general.--The Secretary of the Air Force may

        procure two advanced extremely high frequency

        satellites by entering into a fixed-price contract.

        Such procurement may also include--
                    (A) material and equipment in economic

                order quantities when cost savings are

                achievable; and
                    (B) cost reduction initiatives.
            (2) Use of incremental funding.--With respect to a

        contract entered into under paragraph (1) for the

        procurement of advanced extremely high frequency

        satellites, the Secretary may use incremental funding

        for a period not to exceed six fiscal years.
            (3) Liability.--A contract entered into under

        paragraph (1) shall provide that any obligation of the

        United States to make a payment under the contract is

        subject to the availability of appropriations for that

        purpose, and that the total liability to the Government

        for termination of any contract entered into shall be

        limited to the total amount of funding obligated at the

        time of termination.
    (b) Limitation of Costs.--
            (1) Limitation.--Except as provided by subsection

        (c), and excluding amounts described in paragraph (2),

        the total amount obligated or expended for the

        procurement of two advanced extremely high frequency

        satellites authorized by subsection (a) may not exceed

        $3,100,000,000.
            (2) Exclusion.--The amounts described in this

        paragraph are amounts associated with the following:
                    (A) Plans.
                    (B) Technical data packages.
                    (C) Post-delivery and program support

                costs.
                    (D) Technical support for obsolescence

                studies.
    (c) Waiver and Adjustment to Limitation Amount.--
            (1) Waiver.--In accordance with paragraph (2), the

        Secretary may waive the limitation in subsection (b)(1)

        if the Secretary submits to the congressional defense

        committees written notification of the adjustment made

        to the amount set forth in such subsection.
            (2) Adjustment.--Upon waiving the limitation under

        paragraph (1), the Secretary may adjust the amount set

        forth in subsection (b)(1) by the following:
                    (A) The amounts of increases or decreases

                in costs attributable to economic inflation

                after September 30, 2011.
                    (B) The amounts of increases or decreases

                in costs attributable to compliance with

                changes in Federal, State, or local laws

                enacted after September 30, 2011.
                    (C) The amounts of increases or decreases

                in costs of the satellites that are

                attributable to insertion of new technology

                into an advanced extremely high frequency

                satellite, as compared to the technology built

                into such a satellite procured prior to fiscal

                year 2012, if the Secretary determines, and

                certifies to the congressional defense

                committees, that insertion of the new

                technology is--
                            (i) expected to decrease the life-
                        cycle cost of the satellite; or
                            (ii) required to meet an emerging

                        threat that poses grave harm to

                        national security.
    (d) Use of Funds Available for Space Vehicle Number 5 for

Space Vehicle Number 6.--The Secretary may obligate and expend

amounts authorized to be appropriated for fiscal year 2012 by

section 101 for procurement for the Air Force as specified in

the funding table in section 4101 and available for the

advanced procurement of long-lead parts and the replacement of

obsolete parts for advanced extremely high frequency satellite

space vehicle number 5 for the advanced procurement of long-
lead parts and the replacement of obsolete parts for advanced

extremely high frequency satellite space vehicle number 6.
    (e) Report.--Not later than 30 days after the date on which

the Secretary awards a contract under subsection (a), the

Secretary shall submit to the congressional defense committees

a report on such contract, including the following:
            (1) The total cost savings resulting from the

        authority provided by subsection (a).
            (2) The type and duration of the contract awarded.
            (3) The total contract value.
            (4) The funding profile by year.
            (5) The terms of the contract regarding the

        treatment of changes by the Federal Government to the

        requirements of the contract, including how any such

        changes may affect the success of the contract.
            (6) A plan for using cost savings described in

        paragraph (1) to improve the capability of military

        satellite communications, including a description of--
                    (A) the available funds, by year, resulting

                from such cost savings;
                    (B) the specific activities or subprograms

                to be funded by such cost savings and the

                funds, by year, allocated to each such activity

                or subprogram;
                    (C) the objectives for each such activity

                or subprogram and the criteria used by the

                Secretary to determine which such activity or

                subprogram to fund;
                    (D) the method in which such activities or

                subprograms will be awarded, including whether

                it will be on a competitive basis; and
                    (E) the process for determining how and

                when such activities and subprograms would

                transition to an existing program or be

                established as a new program of record.
    (f) Sense of Congress.--It is the sense of Congress that

the Secretary should not enter into a fixed-price contract

under subsection (a) for the procurement of two advanced

extremely high frequency satellites unless the Secretary

determines that entering into such a contract will save the Air

Force not less than 20 percent over the cost of procuring two

such satellites separately.

               Subtitle E--Joint and Multiservice Matters

SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION OF JOINT

                    TACTICAL RADIO SYSTEM.

    (a) Limitation.--Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2012

for other procurement, Army, for covered programs of the joint

tactical radio system, not more than 70 percent may be

obligated or expended until the date on which the Secretary of

the Army submits to the congressional defense committees

written certification that the acquisition strategy for the

full-rate production of covered programs of such radio system

includes full and open competition (as defined in section

2302(3)(D) of title 10, United States Code) that includes

commercially developed systems that the Secretary determines

are qualified with respect to successful testing by the Army

and certification by the National Security Agency.
    (b) LRIP.--The limitation under subsection (a) shall not

apply to the low-rate initial production of covered programs.
    (c) Covered Programs.--In this section, the term ``covered

programs'' means, with respect to the joint tactical radio

system, the following:
            (1) The ground mobile radio.
            (2) The handheld, manpack, and small form fit.

SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AVIATION FOREIGN

                    INTERNAL DEFENSE PROGRAM.

    (a) Limitation.--Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2012

for the procurement of fixed-wing non-standard aviation

aircraft in support of the aviation foreign internal defense

program, not more than 50 percent may be obligated or expended

until the date that is 30 days after the date on which the

Commander of the United States Special Operations Command

submits the report under subsection (b)(1).
    (b) Report Required.--
            (1) Report.--Not later than March 15, 2012, the

        Commander of the United States Special Operations

        Command shall submit to the congressional defense

        committees a report on the aviation foreign internal

        defense program.
            (2) Matters included.--The report under paragraph

        (1) shall include the following:
                    (A) An overall description of the program,

                including its goals and proposed metrics of

                performance success.
                    (B) The results of any analysis of

                alternatives and efficiencies reviews for

                contracts awarded for the aviation foreign

                internal defense program.
                    (C) An assessment of the advantages and

                disadvantages of procuring new aircraft,

                procuring used aircraft, or leasing aircraft to

                meet mission requirements, including an

                explanation of any efficiencies and savings.
                    (D) A comprehensive strategy outlining and

                justifying the overall projected growth of the

                aviation foreign internal defense program to

                satisfy the increased requirements of the

                commanders of the geographic combatant

                commands.
                    (E) An examination of efficiencies that

                could be gained by procuring platforms such as

                those being procured for light mobility

                aircraft.
            (3) Form.--The report under paragraph (1) shall be

        submitted in unclassified form, but may include a

        classified annex.

SEC. 143. F-35 JOINT STRIKE FIGHTER AIRCRAFT.

    In entering into a contract for the procurement of aircraft

for the sixth and all subsequent low-rate initial production

contract lots for the F-35 Lightning II Joint Strike Fighter

aircraft, the Secretary of Defense shall ensure each of the

following:
            (1) That the contract is a fixed-price contract.
            (2) That the contract requires the contractor to

        assume full responsibility for costs under the contract

        above the target cost specified in the contract.

SEC. 144. ADDITIONAL OVERSIGHT REQUIREMENTS FOR THE UNDERSEA MOBILITY

                    ACQUISITION PROGRAM OF THE UNITED STATES SPECIAL

                    OPERATIONS COMMAND.

    (a) Limitation on Milestone B Decision.--The Commander of

the United States Special Operations Command may not make any

milestone B acquisition decisions with respect to a covered

element until a 30-day period has elapsed after the date on

which the Under Secretary of Defense for Acquisition,

Technology, and Logistics--
            (1) conducts the assessment and determination under

        subsection (b) for the covered element; and
            (2) submits to the congressional defense committees

        a report including--
                    (A) the determination of the Under

                Secretary with respect to the appropriate

                acquisition category for the covered element;

                and
                    (B) the validated requirements, independent

                cost estimate, test and evaluation master plan,

                and technology readiness assessment described

                in paragraphs (1) through (4) of subsection

                (b), respectively.
    (b) Assessment and Determination.--With respect to each

covered element, the Under Secretary shall conduct an

assessment and determination of whether to treat the covered

element as a major defense acquisition program. Such assessment

shall include--
            (1) a requirements validation by the Joint

        Requirements Oversight Council;
            (2) an independent cost estimate prepared by the

        Director of Cost Assessment and Program Evaluation;
            (3) a test and evaluation master plan reviewed by

        the Director of Operational Test and Evaluation; and
            (4) a technology readiness assessment reviewed by

        the Assistant Secretary of Defense for Research and

        Engineering.
    (c) Covered Element Defined.--In this section, the term

``covered element'' means any of the following elements of the

undersea mobility acquisition program of the United States

Special Operations Command:
            (1) The dry combat submersible-light program.
            (2) The dry combat submersible-medium program.
            (3) The next-generation submarine shelter program.
            (4) Any new dry combat submersible developed under

        the undersea mobility acquisition program of the United

        States Special Operations Command after the date of the

        enactment of this Act.

SEC. 145. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION

                    REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT

                    MISSION REQUIREMENT FUNDS.

    Section 123(b) of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124

Stat. 4159; 10 U.S.C. 167 note) is amended by adding at the end

the following new paragraphs:
            ``(6) A table setting forth the Combat Mission

        Requirements approved during the fiscal year in which

        such report is submitted and the two preceding fiscal

        years, including for each such Requirement--
                    ``(A) the title of such Requirement;
                    ``(B) the date of approval of such

                Requirement; and
                    ``(C) the amount of funding approved for

                such Requirement, and the source of such

                approved funds.
            ``(7) A statement of the amount of any unspent

        Combat Mission Requirements funds from the fiscal year

        in which such report is submitted and the two preceding

        fiscal years.''.

SEC. 146. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-
                    ENGINING PROGRAM.

    (a) Report on Audit of Funds for Program.--
            (1) In general.--Not later than 60 days after the

        date of the enactment of this Act, the Air Force Audit

        Agency shall submit to the congressional defense

        committees the results of a financial audit of the

        funds previously authorized and appropriated for the

        Joint Surveillance Target Attack Radar System (JSTARS)

        aircraft re-engining program.
            (2) Elements.--The report on the audit required by

        paragraph (1) shall include the following:
                    (A) A description of how the funds

                described in that paragraph were expended,

                including--
                            (i) an assessment of the existence,

                        completeness, and cost of the assets

                        acquired with such funds; and
                            (ii) an assessment of the costs

                        that were capitalized as military

                        equipment and inventory and the cost

                        characterized as operating expenses

                        (including payroll, freight and

                        shipment, inspection, and other

                        operating costs).
                    (B) A statement of the amount of such funds

                that remain in the original budget lines.
                    (C) A statement of the amount of such funds

                that were reprogrammed or expired, and in which

                accounts.
    (b) Use of Funds.--The Secretary of the Air Force shall

take appropriate actions to ensure that funds authorized to be

appropriated by this Act for JSTARS aircraft, and any funds

described by subsection (a)(2)(B), are obligated and expended

for the purposes for which authorized and appropriated,

including, but not limited to, the installation of one engine

shipset on an operational JSTARS aircraft.

SEC. 147. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F-35

                    LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT.

    (a) Authority.--
            (1) Exchange authority.--In accordance with

        subsection (c), the Secretary of Defense may transfer

        to the United Kingdom of Great Britain and Northern

        Ireland (in this section referred to as the ``United

        Kingdom'') all right, title, and interest of the United

        States in and to an aircraft described in paragraph (2)

        in exchange for the transfer by the United Kingdom to

        the United States of all right, title, and interest of

        the United Kingdom in and to an aircraft described in

        paragraph (3). The Secretary may execute the exchange

        under this section on behalf of the United States only

        with the concurrence of the Secretary of State.
            (2) Aircraft to be exchanged by united states.--The

        aircraft authorized to be transferred by the United

        States under this subsection is an F-35 Lightning II

        aircraft in the Carrier Variant configuration acquired

        by the United States for the Marine Corps under a

        future Joint Strike Fighter program contract referred

        to as the Low-Rate Initial Production 6 contract.
            (3) Aircraft to be exchanged by united kingdom.--
        The aircraft for which the exchange under paragraph (1)

        may be made is an F-35 Lightning II aircraft in the

        Short-Take Off and Vertical Landing configuration that,

        as of November 19, 2010, is being acquired on behalf of

        the United Kingdom under an existing Joint Strike

        Fighter program contract referred to as the Low-Rate

        Initial Production 4 contract.
    (b) Funding for Production of Aircraft.--
            (1) Funding sources for aircraft to be exchanged by

        united states.--
                    (A) In general.--Except as provided in

                subparagraph (B), funds for production of the

                aircraft to be transferred by the United States

                (including the propulsion system, long lead-
                time materials, the production build, and

                deficiency corrections) may be derived from

                appropriations for Aircraft Procurement, Navy,

                for the aircraft under the contract referred to

                in subsection (a)(2).
                    (B) Exception.--Costs for flight test

                instrumentation of the aircraft to be

                transferred by the United States and any other

                non-recurring and recurring costs for that

                aircraft associated with unique requirements of

                the United Kingdom may not be borne by the

                United States.
            (2) Funding sources for aircraft to be exchanged by

        united kingdom.--Costs for upgrades and modifications

        of the aircraft to be transferred to the United States

        that are necessary to bring that aircraft to the Low-
        Rate Initial Production 6 configuration under the

        contract referred to in subsection (a)(2) may not be

        borne by the United States.
    (c) Implementation.--The exchange under this section shall

be implemented pursuant to the memorandum of understanding

titled ``Joint Strike Fighter Production, Sustainment, and

Follow-on Development Memorandum of Understanding'', which

entered into effect among nine nations including the United

States and the United Kingdom on December 31, 2006, consistent

with section 27 of the Arms Export Control Act (22 U.S.C.

2767), and as supplemented as necessary by the United States

and the United Kingdom.

SEC. 148. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF SHORT TAKE-
                    OFF, VERTICAL LANDING VARIANT OF THE JOINT STRIKE

                    FIGHTER.

    Not later than 45 days after the date of the enactment of

this Act, the Secretary of Defense shall submit to the

congressional defense committees a report on the development of

the short take-off, vertical landing variant of the Joint

Strike Fighter (otherwise known as the F-35B Joint Strike

Fighter) that includes the following:
            (1) An identification of the criteria that the

        Secretary determines must be satisfied before the F-35B

        Joint Strike Fighter can be removed from the two-year

        probationary status imposed by the Secretary on or

        about January 6, 2011.
            (2) A mid-probationary period assessment of--
                    (A) the performance of the F-35B Joint

                Strike Fighter based on the criteria described

                in paragraph (1); and
                    (B) the technical issues that remain in the

                development program for the F-35B Joint Strike

                Fighter.
            (3) A plan for how the Secretary intends to resolve

        the issues described in paragraph (2)(B) before January

        6, 2013.

SEC. 149. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION REFORM

                    ACT OF 2009 MEASURES WITHIN THE JOINT STRIKE

                    FIGHTER AIRCRAFT PROGRAM.

    At the same time the budget of the President for fiscal

year 2013 is submitted to Congress pursuant to section 1105 of

title 31, United States Code, the Under Secretary for

Acquisition, Technology, and Logistics shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives a report on the plans of the Department of

Defense to implement the requirements of the Weapon Systems

Acquisition Reform Act of 2009 (Public Law 111-23), and the

amendments made by that Act, within the Joint Strike Fighter

(JSF) aircraft program. The report shall set forth the

following:
            (1) Specific goals for implementing the

        requirements of the Weapon Systems Acquisition Reform

        Act of 2009, and the amendments made by that Act,

        within the Joint Strike Fighter aircraft program.
            (2) A schedule for achieving each goal set forth

        under paragraph (1) for the Joint Strike Fighter

        aircraft program.

         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

               Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

     Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Limitation on availability of funds for the ground combat

          vehicle program.
Sec. 212. Limitation on the individual carbine program.
Sec. 213. Limitation on availability of funds for Future Unmanned

          Carrier-based Strike System.
Sec. 214. Limitation on availability of funds for amphibious assault

          vehicles of the Marine Corps.
Sec. 215. Limitation on obligation of funds for the F-35 Lightning II

          aircraft program.
Sec. 216. Limitation on use of funds for Increment 2 of B-2 bomber

          aircraft extremely high frequency satellite communications

          program.
Sec. 217. Limitation on availability of funds for the Joint Space

          Operations Center management system.
Sec. 218. Limitation on availability of funds for wireless innovation

          fund.
Sec. 219. Prohibition on delegation of budgeting authority for certain

          research and educational programs.
Sec. 220. Designation of main propulsion turbomachinery of the next-
          generation long-range strike bomber aircraft as major

          subprogram.
Sec. 221. Designation of electromagnetic aircraft launch system

          development and procurement program as major subprogram.
Sec. 222. Advanced rotorcraft flight research and development.
Sec. 223. Preservation and storage of certain property related to F136

          propulsion system.

                  Subtitle C--Missile Defense Programs

Sec. 231. Acquisition accountability reports on the ballistic missile

          defense system.
Sec. 232. Comptroller General review and assessment of missile defense

          acquisition programs.
Sec. 233. Homeland defense hedging policy and strategy.
Sec. 234. Ground-based midcourse defense program.
Sec. 235. Limitation on availability of funds for the medium extended

          air defense system.
Sec. 236. Sense of Congress regarding ballistic missile defense

          training.

                           Subtitle D--Reports

Sec. 241. Extension of requirements for biennial roadmap and annual

          review and certification on funding for development of

          hypersonics.
Sec. 242. Report and cost assessment of options for Ohio-class

          replacement ballistic missile submarine.
Sec. 243. Report on the electromagnetic rail gun system.
Sec. 244. Annual comptroller general report on the KC-46A aircraft

          acquisition program.
Sec. 245. Independent review and assessment of cryptographic

          modernization program.
Sec. 246. Report on increased budget items.

                        Subtitle E--Other Matters

Sec. 251. Repeal of requirement for Technology Transition Initiative.
Sec. 252. Contractor cost-sharing in pilot program to include technology

          protection features during research and development of certain

          defense systems.
Sec. 253. Extension of authority for mechanisms to provide funds for

          defense laboratories for research and development of

          technologies for military missions.
Sec. 254. National defense education program.
Sec. 255. Laboratory facilities, Hanover, New Hampshire.
Sec. 256. Sense of Congress on active matrix organic light emitting

          diode technology.

              Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

     Funds are hereby authorized to be appropriated for fiscal

year 2012 for the use of the Department of Defense for

research, development, test, and evaluation as specified in the

funding table in section 4201.

    Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. LIMITATION ON AVAILABILITY OF FUNDS FOR THE GROUND COMBAT

                    VEHICLE PROGRAM.

    Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2012 for research,

development, test, and evaluation, Army, for the ground combat

vehicle program, not more than 80 percent may be obligated or

expended until the date on which the Secretary of the Army

submits to the congressional defense committees a report

containing--
            (1) the plans of the Secretary to carry out--
                    (A) a dynamic analysis of alternatives

                update described in the acquisition decision

                memorandum issued by the Under Secretary of

                Defense for Acquisition, Technology, and

                Logistics on August 17, 2011; and
                    (B) a separate assessment of selected non-
                developmental vehicles described in such

                memorandum; and
            (2) a description of the resources the Secretary

        considers necessary to carry out the plans under

        paragraph (1), including the amount of funding required

        in fiscal years 2012 and 2013.

SEC. 212. LIMITATION ON THE INDIVIDUAL CARBINE PROGRAM.

    (a) Limitation.--Notwithstanding any other provision of

law, and except as provided by subsection (b), the individual

carbine program may not receive Milestone C approval (as

defined in section 2366(e)(8) of title 10, United States Code)

until the date on which the Secretary of the Army submits to

the congressional defense committees a business case assessment

of such program, including, at a minimum, comparisons of the

capabilities and costs of--
            (1) commercially available weapon systems as of the

        date of the assessment, including complete weapon

        systems and kits to apply to existing weapon systems;

        and
            (2) weapon systems that are fielded as of the date

        of the assessment that include any required

        improvements.
    (b) Waiver Authority.--The Secretary of Defense may waive

the limitation under subsection (a) if the Secretary submits to

the congressional defense committees written certification that

the waiver is in the national security interests of the United

States.

SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE UNMANNED

                    CARRIER-BASED STRIKE SYSTEM.

    (a) Limitation.--Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2012

for research, development, test, and evaluation, Navy, for the

Future Unmanned Carrier-based Strike System, not more than 75

percent may be obligated or expended until the date that is 60

days after the date on which--
            (1) the Chairman of the Joint Requirements

        Oversight Council certifies to the congressional

        defense committees that--
                    (A) such system is required to fill a

                validated capability gap of the Department of

                Defense; and
                    (B) the Council has reviewed and approved

                the initial capability and development document

                relating to such system;
            (2) the Assistant Secretary of the Navy for

        Research, Development, and Acquisition submits to the

        congressional defense committees a report containing--
                    (A) a delineation of threshold and

                objective key performance parameters;
                    (B) a certification that the threshold and

                objective key performance parameters for such

                system have been established and are

                achievable; and
                    (C) a description of the requirements of

                such system with respect to--
                            (i) weapons payload;
                            (ii) intelligence, reconnaissance,

                        and surveillance equipment;
                            (iii) electronic attack and

                        electronic protection equipment;
                            (iv) communications equipment;
                            (v) range;
                            (vi) mission endurance for un-
                        refueled and aerial refueled

                        operations;
                            (vii) low-observability

                        characteristics;
                            (viii) affordability;
                            (ix) survivability; and
                            (x) interoperability with other

                        Navy and joint-service unmanned aerial

                        systems and mission control stations;

                        and
            (3) the Under Secretary of Defense for Acquisition,

        Technology, and Logistics certifies to the

        congressional defense committees that--
                    (A) the Secretary of the Navy has completed

                a comprehensive analysis of alternatives for

                such system;
                    (B) the acquisition strategy of the

                Secretary for the technology development and

                initial fielding phases of such system is

                achievable and presents medium, or less, risk

                with respect to cost, schedule, funding, and

                testing program;
                    (C) such acquisition strategy integrates a

                fair and open competitive acquisition strategy

                environment for all potential competitors;
                    (D) the data, information, and lessons

                learned from the Unmanned Carrier-based

                Aircraft System of the Navy are sufficiently

                integrated into the acquisition strategy of the

                Future Unmanned Carrier-based Strike System and

                that the level of concurrency between the

                programs is prudent and reasonable;
                    (E) the Secretary has sufficient fiscal

                resources budgeted in the future years defense

                plan and extended planning period that supports

                the acquisition strategy described in

                subparagraph (B); and
                    (F) the acquisition strategy--
                            (i) complies with the Weapon

                        Systems Acquisition Reform Act of 2009

                        (Public Law 111-23), and the amendments

                        made by that Act, and Department of

                        Defense Instruction 5000.02; and
                            (ii) requires the implementation of

                        open architecture standards.
    (b) GAO Briefing.--Not later than 90 days after the date on

which the certifications and report under subsection (a) are

received by the congressional defense committees, the

Comptroller General of the United States shall brief the

congressional defense committees on an evaluation of the

acquisition strategy of the Secretary of the Navy for the

Future Unmanned Carrier-based Strike System.
    (c) Form.--The report required by subsection (a)(2) shall

be submitted in unclassified form, but may include a classified

annex.

SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AMPHIBIOUS ASSAULT

                    VEHICLES OF THE MARINE CORPS.

    (a) Limitations.--
            (1) Limitation on funding.--Except as provided by

        subsections (d) and (e), none of the funds authorized

        to be appropriated by this Act or otherwise made

        available for fiscal year 2012 for procurement, Marine

        Corps, or research, development, test, and evaluation,

        Navy, may be obligated or expended for the amphibious

        programs described in subsection (c) until the date on

        which the Secretary of the Navy, in coordination with

        the Commandant of the Marine Corps, submits to the

        congressional defense committees a report containing--
                    (A) written certification of the

                requirements for amphibious assault vehicles of

                the Marine Corps, based on the needs of the

                commanders of the combatant commands, relating

                to--
                            (i) the distance from the shore

                        needed to begin an amphibious assault;
                            (ii) the speed at which the vehicle

                        must travel in order to reach the shore

                        in the time required for such assault;

                        and
                            (iii) the armor requirements for

                        all potential combat environments,

                        including the possible use of applique

                        armor; and
                    (B) the analysis of alternatives conducted

                under subsection (b)(1).
            (2) Limitation on mpc milestone b.--Milestone B

        approval may not be granted for the Marine Personnel

        Carrier until 30 days after the date on which the

        report under paragraph (1) is submitted to the

        congressional defense committees.
    (b) Analysis of Alternatives.--
            (1) Analysis.--The Secretary of the Navy, in

        coordination with the Commandant of the Marine Corps,

        shall conduct an analysis of alternatives of the

        amphibious assault vehicles described in paragraph (2).

        With respect to such vehicles, such analysis shall

        include--
                    (A) comparisons of the capabilities and

                total lifecycle ownership costs (including

                costs with respect to research, development,

                test, and evaluation, procurement, and

                operation and maintenance); and
                    (B) an independent review of the analysis

                of cost prepared by a federally funded research

                and development center.
            (2) Amphibious assault vehicles described.--The

        amphibious assault vehicles described in this paragraph

        are amphibious assault vehicles that--
                    (A) meet the requirements described in

                subsection (a)(1)(A), including--
                            (i) an upgraded assault amphibious

                        vehicle 7A1;
                            (ii) the expeditionary fighting

                        vehicle; and
                            (iii) a new amphibious combat

                        vehicle; and
                    (B) include at least one vehicle that is

                capable of accelerating until the vehicle moves

                along the top of the water (commonly known as

                ``getting up on plane'') and at least one

                vehicle that is not capable of such

                acceleration.
    (c) Amphibious Programs Described.--The amphibious programs

described in this subsection are the following:
            (1) The assault amphibious vehicle 7A1, program

        element 206623M.
            (2) The Marine Corps assault vehicle, program

        element 603611M.
            (3) The termination of the expeditionary fighting

        vehicle program.
    (d) AAV7A1 Improvement Program.--The limitation in

subsection (a)(1) shall not apply to funds made available for

procurement, Marine Corps, for the procurement of--
            (1) an assault amphibious vehicle 7A1 with--
                    (A) survivability upgrades under the

                survivability product improvement program; or
                    (B) other necessary survivability

                capabilities that are in response to urgent

                operational needs; or
            (2) improvements to a previously procured assault

        amphibious vehicle 7A1 that address safety of use,

        environmental inhabitability, and operational

        availability.
    (e) Marine Corps Assault Vehicle, Program Element

603611M.--The limitation in subsection (a)(1) shall not apply

to funds made available for research, development, test, and

evaluation, Navy, for the Marine Corps assault vehicle, program

element 603611M, to--
            (1) conduct an analysis of alternatives and

        supporting analytical activities; or
            (2) conduct technology integration development and

        engineering to--
                    (A) refine and validate requirements; and
                    (B) reduce cost, schedule, and technical

                risk prior to the initiation of the amphibious

                combat vehicle program.
    (f) Assessment on Habitability.--Not later than 60 days

after the date of the enactment of this Act, the Secretary of

the Navy shall submit to the congressional defense committees a

habitability assessment with respect to the period of time a

member of the Armed Forces can spend in the back of an

amphibious assault vehicle that is not ``up on plane'' while

still remaining combat effective. Such assessment shall cover a

set of operationally relevant speeds and ranges. The Secretary

shall include the results and information from any recently

performed tests related to such assessment.

SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE F-35 LIGHTNING II

                    AIRCRAFT PROGRAM.

    Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2012 for research and

development for the F-35 Lightning II aircraft program, not

more that 80 percent may be obligated or expended until the

date on which the Secretary of Defense certifies to the

congressional defense committees that the acquisition strategy

for the F-35 Lightning II aircraft includes a plan for

achieving competition throughout operation and sustainment, in

accordance with section 202(d) of the Weapon Systems

Acquisition Reform Act of 2009 (Public Law 111-23; 10 U.S.C.

2430 note).

SEC. 216. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B-2 BOMBER

                    AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE

                    COMMUNICATIONS PROGRAM.

    Of the funds authorized to be appropriated by section 201

for research, development, test, and evaluation for the Air

Force as specified in the funding table in section 4201 and

available for Increment 2 of the B-2 bomber aircraft extremely

high frequency satellite communications program, not more than

40 percent may be obligated or expended until the date that is

15 days after the date on which the Secretary of the Air Force

submits to the congressional defense committees the following:
            (1) The certification of the Secretary that--
                    (A) the United States Government will own

                the data rights to any extremely high frequency

                active electronically steered array antenna

                developed for use as part of a system to

                support extremely high frequency protected

                satellite communications for the B-2 bomber

                aircraft; and
                    (B) the use of an extremely high frequency

                active electronically steered array antenna is

                the most cost effective and lowest risk option

                available to support extremely high frequency

                satellite communications for the B-2 bomber

                aircraft.
            (2) A detailed plan setting forth the projected

        cost and schedule for research, development, and

        testing on the extremely high frequency active

        electronically steered array antenna.

SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT SPACE

                    OPERATIONS CENTER MANAGEMENT SYSTEM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) improvements to the space situational awareness

        and space command and control capabilities of the

        United States are necessary; and
            (2) the traditional defense acquisition process is

        not optimal for developing the services-oriented

        architecture and net-centric environment planned for

        the Joint Space Operations Center management system.
    (b) Limitation.--None of the funds authorized to be

appropriated by this Act or otherwise made available for fiscal

year 2012 for research, development, test, and evaluation, Air

Force, for release one of the Joint Space Operations Center

management system may be obligated or expended until the date

on which the Secretary of the Air Force and the Under Secretary

of Defense for Acquisition, Technology, and Logistics jointly

submit to the congressional defense committees the acquisition

strategy for such management system, including--
            (1) a description of the acquisition policies and

        procedures applicable to such management system; and
            (2) a description of any additional acquisition

        authorities necessary to ensure that such management

        system is able to implement a services-oriented

        architecture and net-centric environment for space

        situational awareness and space command and control.

SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR WIRELESS INNOVATION

                    FUND.

    Of the funds authorized to be appropriated by this Act or

otherwise made available for fiscal year 2012 for the wireless

innovation fund within the Defense Advanced Research Projects

Agency, not more than 10 percent may be obligated or expended

until the date that is 30 days after the date on which the

Under Secretary of Defense for Acquisition, Technology, and

Logistics submits to the congressional defense committees a

report on how such fund will be managed and executed,

including--
            (1) a concept of operation for how such fund will

        operate, particularly with regards to supporting the

        interagency community;
            (2) a description of--
                    (A) the governance structure, including how

                decision-making with interagency partners will

                be conducted;
                    (B) the funding mechanism for interagency

                collaborators;
                    (C) the metrics for measuring the

                performance and effectiveness of the program;

                and
                    (D) the reporting mechanisms to provide

                oversight of the fund by the Department of

                Defense, the interagency partners, and

                Congress; and
            (3) any other matters the Under Secretary considers

        appropriate.

SEC. 219. PROHIBITION ON DELEGATION OF BUDGETING AUTHORITY FOR CERTAIN

                    RESEARCH AND EDUCATIONAL PROGRAMS.

    (a) Prohibition on Delegation.--Subsection (a) of section

2362 of title 10, United States Code, is amended--
            (1) by striking ``The Secretary of Defense'' and

        inserting ``(1) The Secretary of Defense''; and
            (2) by adding at the end the following new

        paragraph:
    ``(2) The Secretary of Defense may not delegate or transfer

to an individual outside the Office of the Secretary of Defense

the authority regarding the programming or budgeting of the

program established by this section that is carried out by the

Assistant Secretary of Defense for Research and Engineering.''.
    (b) Conforming Amendments.--Such section 2362 is amended

further--
            (1) in subsection (b), by striking ``established

        under subsection (a)'' and inserting ``established by

        subsection (a)(1)''; and
            (2) in subsection (c), by striking ``subsection

        (a)'' and inserting ``subsection (a)(1)''.

SEC. 220. DESIGNATION OF MAIN PROPULSION TURBOMACHINERY OF THE NEXT-
                    GENERATION LONG-RANGE STRIKE BOMBER AIRCRAFT AS

                    MAJOR SUBPROGRAM.

    (a) Designation as Major Subprogram.--Not later than 30

days after the date on which the next-generation long-range

strike bomber aircraft receives Milestone A approval, the

Secretary of Defense shall designate the development and

procurement of the main propulsion turbomachinery of the next-
generation long-range strike bomber aircraft as a major

subprogram of the next-generation long-range strike bomber

aircraft major defense acquisition program, in accordance with

section 2430a of title 10, United States Code.
    (b) Competitive Acquisition Strategy.--The Secretary of the

Air Force shall develop an acquisition strategy for the major

subprogram designated in subsection (a) that is in accordance

with subsections (a) and (b) of section 202 of the Weapon

Systems Acquisition Reform Act of 2009 (Public Law 111-23; 123

Stat. 1720; 10 U.S.C. 2430 note).

SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM

                    DEVELOPMENT AND PROCUREMENT PROGRAM AS MAJOR

                    SUBPROGRAM.

    Not later than 30 days after the date of the enactment of

this Act, the Secretary of Defense shall designate the

electromagnetic aircraft launch development and procurement

program as a major subprogram of the CVN-78 Ford-class aircraft

carrier major defense acquisition program, in accordance with

section 2430a of title 10, United States Code. The Secretary

may cease such designation after the date on which the

electromagnetic aircraft launch system is certified as

operationally effective and suitable by the Director of

Operational Test and Evaluation.

SEC. 222. ADVANCED ROTORCRAFT FLIGHT RESEARCH AND DEVELOPMENT.

    (a) Program Authorized.--The Secretary of the Army may

conduct a program for flight research and demonstration of

advanced rotorcraft technology.
    (b) Goals and Objectives.--The goals and objectives of the

program authorized by subsection (a) are as follows:
            (1) To flight demonstrate the ability of advanced

        rotorcraft technology to expand the flight envelope and

        improve the speed, range, payload, ceiling,

        survivability, reliability, and affordability of

        current and future rotorcraft of the Department of

        Defense.
            (2) To mature advanced rotorcraft technology and

        obtain flight-test data to--
                    (A) support the assessment of such

                technology for future rotorcraft platform

                development programs of the Department; and
                    (B) have the ability to add such technology

                to the existing rotorcraft of the Department to

                extend the capability and life of such

                rotorcraft until next-generation platforms are

                fielded.
    (c) Elements of Program.--The program authorized by

subsection (a) may include--
            (1) integration and demonstration of advanced

        rotorcraft technology to meet the goals and objectives

        described in subsection (b); and
            (2) flight demonstration of the advanced rotorcraft

        technology test bed under the experimental

        airworthiness process of the Federal Aviation

        Administration or other appropriate airworthiness

        process approved by the Secretary of Defense.
    (d) Competition.--In awarding a contract under this

section, the Secretary shall use competitive procedures in

accordance with the requirements of section 2304 of title 10,

United States Code, and shall consider a timely offer submitted

by a small business concern (as defined in section 2225(f)(3)

of such title) in accordance with the specifications and

evaluation factors specified in the solicitation.

SEC. 223. PRESERVATION AND STORAGE OF CERTAIN PROPERTY RELATED TO F136

                    PROPULSION SYSTEM.

    (a) Plan.--The Secretary of Defense shall develop a plan

for the disposition of property owned by the Federal Government

that was acquired under the F136 propulsion system development

contract. The plan shall--
            (1) ensure that the Secretary preserves and stores,

        uses, or disposes of such property in a manner that--
                    (A) provides for the long-term sustainment

                and repair of such property pending the

                determination by the Department of Defense that

                such property--
                            (i) can be used within the F-35

                        Lightning II aircraft program, in other

                        Government development programs, or in

                        other contractor-funded development

                        activities;
                            (ii) can be stored for use in

                        future Government development programs;

                        or
                            (iii) should be disposed; and
                    (B) allows for such preservation and

                storage of identified property to be conducted

                at either the facilities of the Federal

                Government or a contractor under such contract;

                and
            (2) identify any contract modifications, additional

        facilities, or funding that the Secretary determines

        necessary to carry out the plan.
    (b) Restriction on the Use of Funds.--None of the amounts

authorized to be appropriated by this Act or otherwise made

available for fiscal year 2012 for research, development, test,

and evaluation, Navy, or research, development, test, and

evaluation, Air Force, for the F-35 Lightning II aircraft

program may be obligated or expended for activities related to

destroying or disposing of the property described in subsection

(a) until the date that is 30 days after the date on which the

report under subsection (c) is submitted to the congressional

defense committees.
    (c) Report.--Not later than 120 days after the date of the

enactment of this Act, the Secretary of Defense shall submit to

the congressional defense committees a report on the plan under

subsection (a). That report shall describe how the Secretary

intends to obtain maximum benefit to the Federal Government

from the investment already made in developing the F136.

                  Subtitle C--Missile Defense Programs

SEC. 231. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC MISSILE

                    DEFENSE SYSTEM.

    (a) Baseline Required.--
            (1) In general.--Chapter 9 of title 10, United

        States Code, is amended by inserting after section 224

        the following new section:

``Sec. 225. Acquisition accountability reports on the ballistic missile

                    defense system

    ``(a) Baselines Required.--(1) In accordance with paragraph

(2), the Director of the Missile Defense Agency shall establish

and maintain an acquisition baseline for--
            ``(A) each program element of the ballistic missile

        defense system, as specified in section 223 of this

        title; and
            ``(B) each designated major subprogram of such

        program elements.
    ``(2) The Director shall establish an acquisition baseline

required by paragraph (1) before the date on which the program

element or major subprogram enters--
            ``(A) engineering and manufacturing development (or

        its equivalent); and
            ``(B) production and deployment.
    ``(3) Except as provided by subsection (d), the Director

may not adjust or revise an acquisition baseline established

under this section.
    ``(b) Elements of Baselines.--Each acquisition baseline

required by subsection (a) for a program element or major

subprogram shall include the following:
            ``(1) A comprehensive schedule, including--
                    ``(A) research and development milestones;
                    ``(B) acquisition milestones, including

                design reviews and key decision points;
                    ``(C) key test events, including ground and

                flight tests and ballistic missile defense

                system tests;
                    ``(D) delivery and fielding schedules;
                    ``(E) quantities of assets planned for

                acquisition and delivery in total and by fiscal

                year; and
                    ``(F) planned contract award dates.
            ``(2) A detailed technical description of--
                    ``(A) the capability to be developed,

                including hardware and software;
                    ``(B) system requirements, including

                performance requirements;
                    ``(C) how the proposed capability satisfies

                a capability identified by the commanders of

                the combatant commands on a prioritized

                capabilities list;
                    ``(D) key knowledge points that must be

                achieved to permit continuation of the program

                and to inform production and deployment

                decisions; and
                    ``(E) how the Director plans to improve the

                capability over time.
            ``(3) A cost estimate, including--
                    ``(A) a life-cycle cost estimate that

                separately identifies the costs regarding

                research and development, procurement, military

                construction, operations and sustainment, and

                disposal;
                    ``(B) program acquisition unit costs for

                the program element;
                    ``(C) average procurement unit costs and

                program acquisition costs for the program

                element; and
                    ``(D) an identification of when the

                document regarding the program joint cost

                analysis requirements description is scheduled

                to be approved.
            ``(4) A test baseline summarizing the comprehensive

        test program for the program element or major

        subprogram outlined in the integrated master test plan.
    ``(c) Annual Reports on Acquisition Baselines.--(1) Not

later than February 15 of each year, the Director shall submit

to the congressional defense committees a report on the

acquisition baselines required by subsection (a).
    ``(2)(A) The first report under paragraph (1) shall set

forth each acquisition baseline required by subsection (a) for

a program element or major subprogram.
    ``(B) Each subsequent report under paragraph (1) shall

include--
            ``(i) any new acquisition baselines required by

        subsection (a) for a program element or major

        subprogram; and
            ``(ii) with respect to an acquisition baseline that

        was previously included in a report under paragraph

        (1), an identification of any changes or variances made

        to the elements described in subsection (b) for such

        acquisition baseline, as compared to--
                    ``(I) the initial acquisition baseline for

                such program element or major subprogram; and
                    ``(II) the acquisition baseline for such

                program element or major subprogram that was

                submitted in the report during the previous

                year.
    ``(3) Each report under this subsection shall be submitted

in unclassified form, but may include a classified annex.
    ``(d) Exception to Limitation on Revision.--The Director

may adjust or revise an acquisition baseline established under

this section if the Director submits to the congressional

defense committees notification of--
            ``(1) a justification for such adjustment or

        revision;
            ``(2) the specific adjustments or revisions made to

        the acquisition baseline, including to the elements

        described in subsection (b); and
            ``(3) the effective date of the adjusted or revised

        acquisition baseline.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of such chapter is amended by adding at

        the end the following new item:

``225. Acquisition accountability reports on the ballistic missile

          defense system.''.

    (b) Conforming Amendments.--
            (1) Fiscal year 2011 ndaa.--Section 225 of the Ike

        Skelton National Defense Authorization Act for Fiscal

        Year 2011 (Public Law 111-383; 124 Stat. 4170; 10

        U.S.C. 223 note) is repealed.
            (2) Fiscal year 2008 ndaa.--Section 223 of the

        National Defense Authorization Act for Fiscal Year 2008

        (Public Law 110-181; 122 Stat. 39; 10 U.S.C. 223 note)

        is amended by striking subsection (g).
            (3) Fiscal year 2003 ndaa.--Section 221 of the Bob

        Stump National Defense Authorization Act for Fiscal

        Year 2003 (Public Law 107-314; 116 Stat. 2484; 10

        U.S.C. 2431 note) is repealed.

SEC. 232. COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MISSILE DEFENSE

                    ACQUISITION PROGRAMS.

    (a) Comptroller General Assessment.--
            (1) In general.--The Comptroller General of the

        United States shall review the annual reports submitted

        under section 225(c) of title 10, United States Code,

        as added by section 231 of this Act, that cover any of

        fiscal years 2012 through 2015 and assess the extent to

        which the Missile Defense Agency has achieved its

        acquisition goals and objectives.
            (2) Reports.--Not later than March 15, 2013, and

        each year thereafter through 2016, the Comptroller

        General shall submit to the congressional defense

        committees a report on the assessment under paragraph

        (1) with respect to the acquisition baselines for the

        preceding fiscal year. Each report shall include any

        findings and recommendations on missile defense

        acquisition programs and accountability therefore that

        the Comptroller General considers appropriate.
    (b) Annual Reports on Missile Defense Executive Board

Activities.--In each of the first three reports submitted under

section 225(c) of title 10, United States Code, as added by

section 231 of this Act, the Director shall include a

description of the activities of the Missile Defense Executive

Board during the fiscal year preceding the date of the report,

including the following:
            (1) A list of each meeting of the Board during such

        year.
            (2) The agenda and issues considered at each such

        meeting.
            (3) A description of any decisions or

        recommendations made by the Board at each such meeting.
    (c) Repeal of Superseded Reporting Authority.--Section 232

of the National Defense Authorization Act for Fiscal Year 2002

(Public Law 107-107; 115 Stat. 1037; 10 U.S.C. 2431 note) is

amended by striking subsection (g).

SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND STRATEGY.

    (a) Report Required.--In light of the homeland missile

defense hedging policy and strategy framework described in the

Ballistic Missile Defense Review of 2010, not later than 75

days after the date of the enactment of this Act, the Secretary

of Defense shall submit to the congressional defense committees

a report on the results of the missile defense hedging strategy

review for the protection of the homeland of the United States.
    (b) Elements.--The report under subsection (a) shall

include the following:
            (1) A description of the findings and conclusions

        of the strategy review.
            (2) A description of the hedging alternatives and

        capabilities considered by the Secretary.
            (3) A summary of the analyses conducted, including

        the criteria used to assess the alternatives and

        capabilities described in paragraph (2).
            (4) A detailed description of the plans, programs,

        and the budget profile for implementing the strategy

        through the future years defense program submitted to

        Congress under section 221 of title 10, United States

        Code, with the budget of the President for fiscal year

        2013.
            (5) The criteria to be used in determining whether

        and when each item contained in the strategy should be

        implemented and the schedule and budget profile

        required to implement each item.
            (6) A discussion of the feasibility and

        advisability of deploying a missile defense site on the

        East Coast of the United States.
            (7) Any other information the Secretary considers

        necessary.
    (c) Form.--The report under subsection (a) shall be

submitted in unclassified form, but may include a classified

annex.

SEC. 234. GROUND-BASED MIDCOURSE DEFENSE PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) it is essential for the ground-based midcourse

        defense element of the ballistic missile defense system

        to achieve the levels of reliability, availability,

        sustainability, and operational performance that will

        allow it to continue providing protection of the United

        States homeland, throughout its operational service

        life, against limited ballistic missile attack (whether

        accidental, unauthorized, or deliberate);
            (2) the Missile Defense Agency should, as its

        highest priority, determine the root cause of the

        December 2010 flight-test failure of the ground-based

        midcourse defense system, design a correction of the

        problem causing the flight-test failure, and verify

        through extensive testing that such correction is

        effective and will allow the ground-based midcourse

        defense system to reach levels described in paragraph

        (1);
            (3) after the Missile Defense Agency has verified

        the correction of the problem causing the December 2010

        flight-test failure, including through the two

        previously unplanned verification flight tests, the

        Agency should assess the need for any additional

        ground-based interceptors and any additional steps

        needed for the ground-based midcourse defense testing

        and sustainment program; and
            (4) the Department of Defense should plan for and

        budget sufficient future funds for the ground-based

        midcourse defense program to ensure the ability to

        complete and verify an effective correction of the

        problem causing the December 2010 flight-test failure,

        to mitigate the effects of corrective actions on

        previously planned program work that is deferred as a

        result of such corrective actions, and to enhance the

        program over time.
    (b) Reports.--
            (1) Reports required.--Not later than 90 days after

        the date of the enactment of this Act, and one year

        thereafter, the Secretary of Defense shall submit to

        the congressional defense committees a report

        describing the plan of the Department of Defense to

        correct the problem causing the December 2010 flight-
        test failure of the ground-based midcourse defense

        system, and any progress toward the achievement of that

        plan.
            (2) Elements.--Each report required by paragraph

        (1) shall include the following:
                    (A) A detailed discussion of the plan to

                correct the problem described in that

                paragraph, including plans for diagnostic,

                design, testing, and manufacturing actions.
                    (B) A detailed discussion of any results

                obtained from the plan described in

                subparagraph (A) as of the date of such report,

                including diagnostic, design, testing, or

                manufacturing results.
                    (C) A description of any cost or schedule

                impact of the plan on the ground-based

                midcourse defense program, including on

                testing, production, refurbishment, or deferred

                work.
                    (D) A description of any planned

                adjustments to the ground-based midcourse

                defense program as a result of the

                implementation of the plan, including future

                programmatic, schedule, testing, or funding

                adjustments.
                    (E) A description of any enhancements to

                the capability of the ground-based midcourse

                defense system achieved or planned since the

                submittal of the budget for fiscal year 2010

                pursuant to section 1105 of title 31, United

                States Code.
            (3) Form.--Each report required by paragraph (1)

        shall be in unclassified form, but may include a

        classified annex.

SEC. 235. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MEDIUM EXTENDED

                    AIR DEFENSE SYSTEM.

    (a) Limitation.--Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2012

for the medium extended air defense system program, not more

than 25 percent may be obligated or expended until the date on

which the Secretary of Defense submits to the congressional

defense committees a plan to use such funds as final

obligations under such program for either--
            (1) implementing a restructured program of reduced

        scope; or
            (2) contract termination liability costs with

        respect to the contracts covering the program.
    (b) Elements.--The plan under subsection (a) shall include

the following:
            (1) The plan of the Secretary for using funds

        authorized to be appropriated by this Act or otherwise

        made available for fiscal year 2012 for the medium

        extended air defense system program for the purposes

        described in paragraph (1) or (2) of subsection (a).
            (2) An explanation of the amount of the total cost

        for which the United States would be liable with

        respect to either--
                    (A) restructuring the program as described

                in such paragraph (1); or
                    (B) terminating the contracts covering the

                program, either unilaterally or multilaterally,

                as described in such paragraph (2).
            (3) An explanation of the terms of any agreement

        with Germany or Italy (or both) with respect to program

        restructuring or contract termination.
            (4) A description of the program schedule and

        specific elements of a restructured program to develop,

        test, and evaluate technologies for possible

        incorporation into future air and missile defense

        architectures of the United States.
            (5) A description of the specific technologies

        identified by the Secretary for possible incorporation

        into future air and missile defense architectures of

        the United States.
            (6) A description of how the Secretary plans to

        address the future air and missile defense requirements

        of the Department of Defense in the absence of a

        fielded medium extended air defense system capability,

        including a summary of activities, the cost estimate,

        and the funding profile necessary to sustain and

        upgrade the Patriot air and missile defense system.
    (c) Report Required.--Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the congressional defense committees a report

providing a detailed description of the efforts the Secretary

has made with Germany and Italy, including any involvement by

the Secretary of State, to agree on ways to minimize the costs

to each nation of implementing a restructured program or of

unilateral or multilateral contract termination.

SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE

                    TRAINING.

    It is the sense of Congress that--
            (1) progress has been made in improving the

        integration of ballistic missile defense training

        across and between combatant commands and military

        services and identifying the training requirements,

        capabilities, and resources that the Department of

        Defense needs for this complex mission that is vital to

        the protection of the United States and its deployed

        forces and allies against ballistic missile attacks;
            (2) it is important to continue effective and

        integrated missile defense training to improve the

        capabilities of the ballistic missile defense system

        and its elements; and
            (3) the Department of Defense should continue to

        identify the capabilities and resources needed to

        effectively and adequately integrate training across

        and between the combatant commands and military

        services and should continue efforts to improve such

        training.

                          Subtitle D--Reports

SEC. 241. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP AND ANNUAL

                    REVIEW AND CERTIFICATION ON FUNDING FOR DEVELOPMENT

                    OF HYPERSONICS.

    Section 218(e)(3) of the John Warner National Defense

Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120

Stat. 2126; 10 U.S.C. 2358 note) is amended by striking

``2012'' and inserting ``2016''.

SEC. 242. REPORT AND COST ASSESSMENT OF OPTIONS FOR OHIO-CLASS

                    REPLACEMENT BALLISTIC MISSILE SUBMARINE.

    (a) Report Required.--Not later than 180 days after the

date of the enactment of this Act, the Secretary of the Navy

and the Commander of the United States Strategic Command shall

jointly submit to the congressional defense committees a report

on each of the options described in subsection (b) to replace

the Ohio-class ballistic submarine program. The report shall

include the following:
            (1) An assessment of the procurement cost and total

        life-cycle costs associated with each option.
            (2) An assessment of the ability for each option to

        meet--
                    (A) the at-sea requirements of the

                Commander that are in place as of the date of

                the enactment of this Act; and
                    (B) any expected changes in such

                requirements.
            (3) An assessment of the ability for each option to

        meet--
                    (A) the nuclear employment and planning

                guidance in place as of the date of the

                enactment of this Act; and
                    (B) any expected changes in such guidance.
            (4) A description of the postulated threat and

        strategic environment used to inform the selection of a

        final option and how each option provides flexibility

        for responding to changes in the threat and strategic

        environment.
    (b) Options Considered.--The options described in this

subsection to replace the Ohio-class ballistic submarine

program are as follows:
            (1) A fleet of 12 submarines with 16 missile tubes

        each.
            (2) A fleet of 10 submarines with 20 missile tubes

        each.
            (3) A fleet of 10 submarines with 16 missile tubes

        each.
            (4) A fleet of eight submarines with 20 missile

        tubes each.
            (5) Any other options the Secretary and the

        Commander consider appropriate.
    (c) Form.--The report required under subsection (a) shall

be submitted in unclassified form, but may include a classified

annex.

SEC. 243. REPORT ON THE ELECTROMAGNETIC RAIL GUN SYSTEM.

    (a) Report.--Not later than 180 days after the date of the

enactment of this Act, the Secretary of the Navy shall submit

to the congressional defense committees a report on the

development, future deployment, and operational challenges of

the electromagnetic rail gun system of the Navy.
    (b) Elements.--The report required by subsection (a) shall

include the following:
            (1) An assessment of the various operational

        problem sets the electromagnetic rail gun system might

        be used against, including--
                    (A) naval surface fire support;
                    (B) anti-surface warfare, including small-
                boat threats;
                    (C) cruise missile, ballistic missile, and

                anti-aircraft defense; and
                    (D) other missions as defined by the

                Secretary.
            (2) An analysis of the technical challenges in

        developing the electromagnetic rail gun system,

        including--
                    (A) power generation and storage to achieve

                desired firing rates and ranges;
                    (B) projectile development;
                    (C) launcher/bore design and lifetime; and
                    (D) ship integration challenges.
            (3) An identification of existing supporting

        research programs being executed outside of the Navy

        that support the development of the electromagnetic

        rail gun system, as well as opportunities where

        collaborative research between the Navy and other

        research components could accelerate development.
            (4) An assessment of possible deployment

        configurations, including--
                    (A) for ship-based applications, an

                identification of candidate ships for initial

                integration;
                    (B) for land-based applications, an

                identification of possible mission sets and

                locations for early prototyping opportunities;

                and
                    (C) other alternative approaches for rapid

                prototyping.
            (5) With respect to the information provided by the

        Secretary of the Navy under paragraphs (1) through (4),

        the opinions of the Secretary of the Army, the

        Commandant of the Marine Corps, the Assistant Secretary

        of Defense for Research and Engineering, the Director

        of the Missile Defense Agency, and the Director of the

        Defense Advanced Research Projects Agency.
    (c) Interim Update.--Not later than 90 days after the date

of the enactment of this Act, the Chief of Naval Research shall

provide an update briefing to the congressional defense

committees.
    (d) Form.--The report required by paragraph (a) shall be

submitted in unclassified form, but may include a classified

annex.

SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE KC-46A AIRCRAFT

                    ACQUISITION PROGRAM.

    (a) Annual GAO Review.--During the period beginning on the

date of the enactment of this Act and ending on March 1, 2017,

the Comptroller General of the United States shall conduct an

annual review of the KC-46A aircraft acquisition program.
    (b) Annual Reports.--
            (1) In general.--Not later than March 1 of each

        year beginning in 2012 and ending in 2017, the

        Comptroller General shall submit to the congressional

        defense committees a report on the review of the KC-46A

        aircraft acquisition program conducted under subsection

        (a).
            (2) Matters to be included.--Each report on the

        review of the KC-46A aircraft acquisition program shall

        include the following:
                    (A) The extent to which the program is

                meeting engineering, manufacturing,

                development, and procurement cost, schedule,

                performance, and risk mitigation goals.
                    (B) With respect to meeting the desired

                initial operational capability and full

                operational capability dates for the KC-46A

                aircraft, the progress and results of--
                            (i) developmental and operational

                        testing of the aircraft; and
                            (ii) plans for correcting

                        deficiencies in aircraft performance,

                        operational effectiveness, reliability,

                        suitability, and safety.
                    (C) An assessment of KC-46A aircraft

                procurement plans, production results, and

                efforts to improve manufacturing efficiency and

                supplier performance.
                    (D) An assessment of the acquisition

                strategy of the KC-46A aircraft, including

                whether such strategy is in compliance with

                acquisition management best-practices and the

                acquisition policy and regulations of the

                Department of Defense.
                    (E) A risk assessment of the integrated

                master schedule and the test and evaluation

                master plan of the KC-46A aircraft as it

                relates to--
                            (i) the probability of success;
                            (ii) the funding required for such

                        aircraft compared with the funding

                        budgeted; and
                            (iii) development and production

                        concurrency.
            (3) Additional information.--In submitting to the

        congressional defense committees the first report under

        paragraph (1) and a report following any changes made

        by the Secretary of the Air Force to the baseline

        documentation of the KC-46A aircraft acquisition

        program, the Comptroller General shall include, with

        respect to such program, an assessment of the

        sufficiency and objectivity of--
                    (A) the integrated baseline review

                document;
                    (B) the initial capabilities document;
                    (C) the capabilities development document;

                and
                    (D) the systems requirement document.

SEC. 245. INDEPENDENT REVIEW AND ASSESSMENT OF CRYPTOGRAPHIC

                    MODERNIZATION PROGRAM.

    (a) Independent Review and Assessment.--Not later than 30

days after the date of the enactment of this Act, the Secretary

of Defense shall select an appropriate entity outside the

Department of Defense to conduct an independent review and

assessment of the cryptographic modernization program of the

Department of Defense.
    (b) Elements.--The review and assessment required by

subsection (a) shall include the following:
            (1) For each military department and appropriate

        defense agency, an analysis of the adequacy of the

        program management structure for executing the

        cryptographic modernization program, including

        resources, personnel, requirements generation, and

        business process metrics.
            (2) A description of the acquisition model for each

        military department and appropriate defense agency,

        including how the acquisition strategies of programs of

        record are synchronized with the needs of the

        cryptographic modernization program.
            (3) An analysis of the current funding mechanism,

        the Information System Security Program, to provide

        adequate and stable funding to meet cryptographic

        modernization needs.
            (4) An analysis of the ability of the program to

        deliver capabilities to the user community while

        complying with the budget and schedule for the program,

        including the programmatic risks that negatively affect

        such compliance.
    (c) Report.--
            (1) Report required.--Not later than 120 days after

        the date of the enactment of this Act, the entity

        conducting the review and assessment under subsection

        (a) shall submit to the Secretary and the congressional

        defense committees a report containing--
                    (A) the results of the review and

                assessment; and
                    (B) recommendations for improving the

                management of the cryptographic modernization

                program.
            (2) Additional evaluation required.--Not later than

        30 days after the date on which the congressional

        defense committees receive the report required by

        paragraph (1), the Secretary shall submit to such

        committees an evaluation by the Secretary of the

        findings and recommendations contained in such report.
            (3) Form.--The report required by paragraph (1)

        shall be submitted in unclassified form, but may

        include a classified annex.

SEC. 246. REPORT ON INCREASED BUDGET ITEMS.

    (a) Report.--
            (1) In general.--The Secretary of Defense shall

        submit to the congressional defense committees a report

        describing the contract award process for each contract

        described in subsection (b) for which the Secretary

        will obligate funds authorized for a program element

        described in subsection (c). In the case of funds that

        are not yet obligated for any such contract by the end

        of fiscal year 2012, the Secretary shall describe the

        process planned for the award of such a contract.
            (2) Submission.--The Secretary shall submit the

        report required by paragraph (1) not later than

        December 31, 2012.
    (b) Contract Described.--For purposes of subsection (a), a

contract described in this subsection is a contract awarded

using procedures other than competitive procedures pursuant to

the exceptions set forth in section 2304(c) of title 10, United

States Code, or any other exceptions provided in law or

regulation.
    (c) Program Element Described.--(1) For purposes of

subsection (a), a program element described in this subsection

is a program element funded--
            (A) with amounts authorized to be appropriated by

        section 201; and
            (B) in a total amount that is more than the amount

        requested for such program element by the President in

        the budget submitted to Congress under section 1105 of

        title 31, United States Code, for fiscal year 2012.
    (2) For purposes of paragraph (1)(B), the total amount

referred to in such paragraph does not include funds

transferred into such program element that were included

elsewhere in the budget referred to in such paragraph.

                       Subtitle E--Other Matters

SEC. 251. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE.

    (a) In General.--
            (1) Repeal.--Section 2359a of title 10, United

        States Code, is repealed.
            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 139 of such title is amended

        by striking the item relating to section 2359a.
    (b) Effective Date.--The amendments made by subsection (a)

shall take effect on October 1, 2013.

SEC. 252. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE

                    TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND

                    DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS.

    Section 243 of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124

Stat. 4178; 10 U.S.C. 2358 note) is amended--
            (1) by redesignating subsections (b), (c), and (d)

        as subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following

        new subsection (b):
    ``(b) Cost-sharing.--Any contract for the design or

development of a system resulting from activities under

subsection (a) for the purpose of enhancing or enabling the

exportability of the system either--
            ``(1) for the development of program protection

        strategies for the system; or
            ``(2) for the design and incorporation of

        exportability features into the system,

shall include a cost-sharing provision that requires the

contractor to bear at least one-half of the cost of such

activities.''.

SEC. 253. EXTENSION OF AUTHORITY FOR MECHANISMS TO PROVIDE FUNDS FOR

                    DEFENSE LABORATORIES FOR RESEARCH AND DEVELOPMENT

                    OF TECHNOLOGIES FOR MILITARY MISSIONS.

    Section 219(c) of the Duncan Hunter National Defense

Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is

amended by striking ``October 1, 2013'' and inserting

``September 30, 2016''.

SEC. 254. NATIONAL DEFENSE EDUCATION PROGRAM.

    If the total amount authorized to be appropriated by this

Act for the National Defense Education Program for fiscal year

2012 is less than the amount requested by the President for

such program in the budget submitted to Congress under section

1105 of title 31, United States Code, for such fiscal year, the

Secretary of Defense may not derive the difference between such

amounts from the K-12 component of such program.

SEC. 255. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE.

    (a) Acquisition.--
            (1) In general.--Subject to paragraph (3), the

        Secretary of the Army (referred to in this section as

        the ``Secretary'') may acquire any real property and

        associated real property interests in the vicinity of

        Hanover, New Hampshire, described in paragraph (2) as

        may be needed for the Engineer Research and Development

        Center laboratory facilities at the Cold Regions

        Research and Engineering Laboratory.
            (2) Description of real property.--The real

        property described in this paragraph is the real

        property to be acquired under paragraph (1)--
                    (A) consisting of approximately 18.5 acres,

                identified as Tracts 101-1 and 101-2, together

                with all necessary easements located entirely

                within the Town of Hanover, New Hampshire; and
                    (B) generally bounded--
                            (i) to the east by state route 10-
                        Lyme Road;
                            (ii) to the north by the vacant

                        property of the Trustees of Dartmouth

                        College;
                            (iii) to the south by Fletcher

                        Circle graduate student housing owned

                        by the Trustees of Dartmouth College;

                        and
                            (iv) to the west by approximately 9

                        acres of real property acquired in fee

                        through condemnation in 1981 by the

                        Secretary.
            (3) Amount paid for property.--The Secretary shall

        pay not more than fair market value for any real

        property and associated real property interest acquired

        under this subsection.
    (b) Revolving Fund.--The Secretary--
            (1) through the Plant Replacement and Improvement

        Program of the Secretary, may use amounts in the

        revolving fund established by section 101 of the Civil

        Functions Appropriations Act, 1954 (33 U.S.C. 576) to

        acquire the real property and associated real property

        interests described in subsection (a); and
            (2) shall ensure that the revolving fund is

        appropriately reimbursed from the benefitting

        appropriations.
    (c) Right of First Refusal.--
            (1) In general.--The Secretary may provide the

        seller of any real property and associated property

        interests identified in subsection (a) a right of first

        refusal--
                    (A) a right of first refusal to acquire the

                property, or any portion of the property, in

                the event the property or portion is no longer

                needed by the Department of the Army; and
                    (B) a right of first refusal to acquire any

                real property or associated real property

                interests acquired by condemnation in Civil

                Action No. 81-360-L, in the event the property,

                or any portion of the property, is no longer

                needed by the Department of the Army.
            (2) Nature of right.--A right of first refusal

        provided to a seller under this subsection shall not

        inure to the benefit of any successor or assign of the

        seller.
    (d) Consideration; Fair Market Value.--The purchase of any

property by a seller exercising a right of first refusal

provided under subsection (c) shall be for--
            (1) consideration acceptable to the Secretary; and
            (2) not less than fair market value at the time at

        which the property becomes available for purchase.
    (e) Disposal.--The Secretary may dispose of any property or

associated real property interests that are subject to the

exercise of the right of first refusal under this section.
    (f) No Effect on Compliance With Environmental Laws.--
Nothing in this section affects or limits the application of or

obligation to comply with any environmental law, including

section 120(h) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).

SEC. 256. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT EMITTING

                    DIODE TECHNOLOGY.

    It is the sense of Congress that--
            (1) active matrix organic light emitting diode (in

        this section referred to as ``OLED'') technology

        displays have the potential to reduce the size, weight,

        and energy consumption of both dismounted and mounted

        systems of the Armed Forces;
            (2) the United States has a limited OLED

        manufacturing industry;
            (3) to ensure a reliable domestic source of OLED

        displays, the Secretary of Defense can use existing

        programs, including the ManTech program, to support the

        reduction of the costs and risks related to OLED

        manufacturing technologies; and
            (4) the reduction of such costs and risks of OLED

        manufacturing has the potential to enable the

        affordable production and sustainment of future weapon

        systems, as well as the affordable transition of new

        technologies that can enhance capabilities of current

        force systems.

                  TITLE III--OPERATION AND MAINTENANCE

               Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

             Subtitle B--Energy and Environmental Provisions

Sec. 311.  Designation of senior official of Joint Chiefs of Staff for

          operational energy plans and programs and operational energy

          budget certification.
Sec. 312. Improved Sikes Act coverage of State-owned facilities used for

          the national defense.
Sec. 313. Discharge of wastes at sea generated by ships of the Armed

          Forces.
Sec. 314. Modification to the responsibilities of the Assistant

          Secretary of Defense for Operational Energy, Plans, and

          Programs.
Sec. 315. Energy-efficient technologies in contracts for logistics

          support of contingency operations.
Sec. 316. Health assessment reports required when waste is disposed of

          in open-air burn pits.
Sec. 317. Streamlined annual report on defense environmental programs.
Sec. 318. Payment to Environmental Protection Agency of stipulated

          penalties in connection with Jackson Park Housing Complex,

          Washington.
Sec. 319. Requirements relating to Agency for Toxic Substances and

          Disease Registry investigation of exposure to drinking water

          contamination at Camp Lejeune, North Carolina.
Sec. 320. Fire suppression agents.

                  Subtitle C--Logistics and Sustainment

Sec. 321. Definition of depot-level maintenance and repair.
Sec. 322. Designation of military arsenal facilities as Centers of

          Industrial and Technical Excellence.
Sec. 323. Permanent and expanded authority for Army industrial

          facilities to enter into certain cooperative arrangements with

          non-Army entities.
Sec. 324. Implementation of corrective actions resulting from corrosion

          study of the F-22 and F-35 aircraft.
Sec. 325. Modification of requirements relating to minimum capital

          investment for certain depots.
Sec. 326. Reports on depot-related activities.
Sec. 327. Core depot-level maintenance and repair capabilities.

                          Subtitle D--Readiness

Sec. 331. Modification of Department of Defense authority to accept

          voluntary contributions of funds.
Sec. 332. Review of proposed structures affecting navigable airspace.

                           Subtitle E--Reports

Sec. 341. Annual certification and modifications of annual report on

          prepositioned materiel and equipment.
Sec. 342. Additional matters for inclusion in and modified deadline for

          the annual report on operational energy.
Sec. 343. Study on Air Force test and training range infrastructure.
Sec. 344. Study on training range infrastructure for special operations

          forces.
Sec. 345. Guidance to establish non-tactical wheeled vehicle and

          equipment service life extension programs to achieve cost

          savings.
Sec. 346. Study on United States force posture in the United States

          Pacific Command area of responsibility.
Sec. 347. Study on overseas basing presence of United States forces.
Sec. 348. Inclusion of assessment of joint military training and force

          allocations in quadrennial defense review and national

          military strategy.
Sec. 349. Modification of report on procurement of military working

          dogs.

           Subtitle F--Limitations and Extension of Authority

Sec. 351. Adoption of military working dog by family of deceased or

          seriously wounded member of the Armed Forces who was the dog's

          handler.
Sec. 352. Prohibition on expansion of the Air Force food transformation

          initiative.
Sec. 353. Designation and limitation on obligation and expenditure of

          funds for the migration of Army enterprise email services.
Sec. 354. One-year extension of pilot program for availability of

          working-capital funds to Army for certain product

          improvements.

                        Subtitle G--Other Matters

Sec. 361. Commercial sale of small arms ammunition and small arms

          ammunition components in excess of military requirements, and

          fired cartridge cases.
Sec. 362. Comptroller General review of space-available travel on

          military aircraft.
Sec. 363. Authority to provide information for maritime safety of forces

          and hydrographic support.
Sec. 364. Deposit of reimbursed funds under reciprocal fire protection

          agreements.
Sec. 365. Clarification of the airlift service definitions relative to

          the Civil Reserve Air Fleet.
Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts.
Sec. 367. Policy on Active Shooter Training for certain law enforcement

          personnel.
Sec. 368. Procurement of tents or other temporary structures.

              Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal

year 2012 for the use of the Armed Forces and other activities

and agencies of the Department of Defense for expenses, not

otherwise provided for, for operation and maintenance, as

specified in the funding table in section 4301.

            Subtitle B--Energy and Environmental Provisions

SEC. 311. DESIGNATION OF SENIOR OFFICIAL OF JOINT CHIEFS OF STAFF FOR

                    OPERATIONAL ENERGY PLANS AND PROGRAMS AND

                    OPERATIONAL ENERGY BUDGET CERTIFICATION.

    Section 138c of title 10, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by redesignating paragraphs (3) and (4)

                as paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the

                following new paragraph (3):
    ``(3) The Chairman of the Joint Chiefs of Staff shall

designate a senior official under the jurisdiction of the

Chairman who shall be responsible for operational energy plans

and programs for the Joint Chiefs of Staff and the Joint Staff.

The official so designated shall be responsible for

coordinating with the Assistant Secretary and implementing

initiatives pursuant to the strategy with regard to the Joint

Chiefs of Staff and the Joint Staff.''; and
            (2) in subsection (e)(4), by striking ``10 days''

        and inserting ``30 days''.

SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED

                    FOR THE NATIONAL DEFENSE.

    (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et

seq.) is amended as follows:
            (1) Definitions.--Section 100 (16 U.S.C. 670) is

        amended--
                    (A) by redesignating paragraphs (2) and (3)

                as paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (1) the

                following new paragraphs:
            ``(2) State.--The term `State' means any of the

        several States, the District of Columbia, the

        Commonwealth of Puerto Rico, Guam, the Commonwealth of

        the Northern Mariana Islands, American Samoa, and the

        Virgin Islands.
            ``(3) State-owned national guard installation.--The

        term `State-owned National Guard installation' means

        land owned and operated by a State when such land is

        used for training the National Guard pursuant to

        chapter 5 of title 32, United States Code, with funds

        provided by the Secretary of Defense or the Secretary

        of a military department, even though such land is not

        under the jurisdiction of the Department of Defense.''.
            (2) Funding of integrated natural resources

        management plans.--Section 101 (16 U.S.C. 670a) is

        amended--
                    (A) in subsection (a)(1)(B)--
                            (i) by inserting ``(i)'' before

                        ``To facilitate''; and
                            (ii) by adding at the end the

                        following new clause:
                            ``(ii) The Secretary of a military

                        department may, subject to the

                        availability of appropriations, develop

                        and implement an integrated natural

                        resources management plan for a State-
                        owned National Guard installation. Such

                        a plan shall be developed and

                        implemented in coordination with the

                        chief executive officer of the State in

                        which the State-owned National Guard

                        installation is located. Such a plan is

                        deemed, for purposes of any other

                        provision of law, to be for lands or

                        other geographical areas owned or

                        controlled by the Department of

                        Defense, or designated for its use.'';
                    (B) in subsection (a)(2), by inserting ``or

                State-owned National Guard installation'' after

                ``military installation'' both places it

                appears;
                    (C) in subsection (a)(3)--
                            (i) by redesignating subparagraphs

                        (A), (B), and (C) as clauses (i), (ii),

                        and (iii), respectively;
                            (ii) by inserting ``(A)'' before

                        ``Consistent'';
                            (iii) in subparagraph (A), as

                        designated by clause (ii) of this

                        subparagraph, by inserting ``and State-
                        owned National Guard installations''

                        after ``military installations'' the

                        first place it appears;
                            (iv) in clause (i) of subparagraph

                        (A), as redesignated by clause (i) of

                        this subparagraph, by striking

                        ``military installations'' and

                        inserting ``such installations'';
                            (v) in clause (ii) of subparagraph

                        (A), as redesignated by clause (i) of

                        this subparagraph, by inserting ``on

                        such installations'' after

                        ``resources''; and
                            (vi) by adding at the end the

                        following subparagraph:
                    ``(B) In the case of a State-owned National

                Guard installation, such program shall be

                carried out in coordination with the chief

                executive officer of the State in which the

                installation is located.'';
                    (D) in subsection (b), by inserting ``and

                State-owned National Guard installations''

                after ``military installations'' the first

                place it appears;
                    (E) in subparagraphs (G) and (I) of

                subsection (b)(1), by striking ``military

                installation'' each place it appears and

                inserting ``installation''; and
                    (F) in subsection (b)(3), by inserting ``,

                in the case of a military installation,'' after

                ``(3) may''.
            (3) Cooperative agreements.--Section 103a(a) (16

        U.S.C. 670c-1(a)) is amended--
                    (A) in paragraph (1), by striking

                ``Department of Defense installations'' and

                inserting ``military installations and State-
                owned National Guard installations''; and
                    (B) in paragraph (2), by striking

                ``Department of Defense installation'' and

                inserting ``military installation or State-
                owned National Guard installation''.
    (b) Section and Subsection Headings.--Such Act is further

amended as follows:
            (1) Section 101 (16 U.S.C. 670a) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.'';

                    (B) by striking ``sec. 101.'';
                    (C) in subsection (c), by inserting

                ``Prohibitions on Sale and Lease of Lands

                Unless Effects Compatible With Plan.--'' after

                ``(c)'';
                    (D) in subsection (d), by inserting

                ``Implementation and Enforcement of Integrated

                Natural Resources Management Plans.--'' after

                ``(d)'';
                    (E) in subsection (e)--
                            (i) by inserting ``Applicability of

                        Other

                        Laws.--'' after ``(e)''; and
                            (ii) by inserting a comma after

                        ``Code''.
            (2) Section 102 (16 U.S.C. 670b) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';

                    (B) by striking ``sec. 102.'' and inserting

                ``(a) Integrated Natural Resources Management

                Plan.--''; and
                    (C) by striking ``agency:'' and all that

                follows through ``possession'' and inserting

                ``agency.
    ``(b) Applicability of Other Laws.--Possession''.
            (3) Section 103a (16 U.S.C. 670c-1) is further

        amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT

                    ON INSTALLATIONS.'';

                    (B) by striking ``sec. 103a.'';
                    (C) in subsection (a), by inserting

                ``Authority of Secretary of Military

                Department.--'' after ``(a)''; and
                    (D) in subsection (c), by inserting

                ``Availability of Funds; Agreements Under Other

                Laws.--'' after ``(c)''.
            (4) Section 104 (16 U.S.C. 670d) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.'';

                    AND

                    (B) by striking ``sec. 104.''.
            (5) Section 105 (16 U.S.C. 670e) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.''; AND

                    (B) by striking ``sec. 105.''.
            (6) Section 108 (16 U.S.C. 670f) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';

                    (B) by striking ``sec. 108.'';
                    (C) in subsection (a), by inserting

                ``Expenditures of Collected Funds Under

                Integrated Natural Resources Management

                Plans.--'' after ``(a)'';
                    (D) in subsection (b), by inserting

                ``Authorization of Appropriations to Secretary

                of Defense.--'' after ``(b)'';
                    (E) in subsection (c), by inserting

                ``Authorization of Appropriations to Secretary

                of the Interior.--'' after ``(c)''; and
                    (F) in subsection (D), by inserting ``Use

                of Other Conservation or Rehabilitation

                Authorities.--'' after ``(d)''.
            (7) Section 201 (16 U.S.C. 670g) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION

                    PROGRAMS.'';

                    (B) by striking ``sec. 201.'';
                    (C) in subsection (a), by inserting

                ``Programs Required.--'' after ``(a)''; and
                    (D) in subsection (b), by inserting

                ``Implementation of Programs.--'' after

                ``(b)''.
            (8) Section 202 (16 U.S.C. 670h) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION

                    PROGRAMS.'';

                    (B) by striking ``sec. 202.'';
                    (C) in subsection (a), by inserting

                ``Development of Plans.--'' after ``(a)'';
                    (D) in subsection (b), by inserting

                ``Consistency With Overall Land Use and

                Management Plans; Hunting, Trapping, and

                Fishing.--'' after ``(b)'';
                    (E) in subsection (c), by inserting

                ``Cooperative Agreements by State Agencies for

                Implementation of Programs.--'' after ``(c)'';

                and
                    (F) in subsection (d), by inserting ``State

                Agency Agreements Not Cooperative Agreements

                Under Other Provisions.--'' after ``(d)''.
            (9) Section 203 (16 U.S.C. 670i) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING,

                    AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.'';

                    (B) by striking ``sec. 203.'';
                    (C) in subsection (a), by inserting

                ``Agreements to Require Stamps.--'' after

                ``(a)''; and
                    (D) in subsection (b)--
                            (i) by inserting ``Conditions for

                        Agree-
                        ments.--'' after ``(b)''; and
                            (ii) by moving paragraph (3) 2 ems

                        to the right, so that the left-hand

                        margin aligns with that of paragraph

                        (2).
            (10) Section 204 (16 U.S.C. 670j) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 204. ENFORCEMENT PROVISIONS.'';

                    (B) by striking ``sec. 204.'';
                    (C) in subsection (a), by inserting

                ``Violations and Penalties.--'' after ``(a)'';
                    (D) in subsection (b), by inserting

                ``Enforcement Powers and Proceedings.--'' after

                ``(b)''; and
                    (E) in subsection (c), by inserting

                ``Seizure and Forfeiture.--'' after ``(c)'';

                and
                    (F) in subsection (d), by inserting

                ``Applicability of Customs Laws.--'' after

                ``(d)''.
            (11) Section 205 (16 U.S.C. 670k) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 205. DEFINITIONS.''; AND

                    (B) by striking ``sec. 205.''.
            (12) Section 206 (16 U.S.C. 670l) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND

                    BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED

                    FEES.''; AND

                    (B) by striking ``sec. 206.''.
            (13) Section 207 (16 U.S.C. 670m) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING

                    INDIAN RIGHTS.''; AND

                    (B) by striking ``sec. 207.''.
            (14) Section 209 (16 U.S.C. 670o) is amended--
                    (A) by inserting at the beginning the

                following:

``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';

                    (B) by striking ``sec. 209.'';
                    (C) in subsection (a), by inserting

                ``Functions and Responsibilities of Secretary

                of the Interior.--'' after ``(a)'';
                    (D) in subsection (b), by inserting

                ``Functions and Responsibilities of Secretary

                of Agriculture.--'' after ``(b)'';
                    (E) in subsection (c), by inserting ``Use

                of Other Conservation or Rehabilitation

                Authorities.--'' after ``(c)''; and
                    (F) in subsection (d), by inserting

                ``Contract Authority.--'' after ``(d)''.
    (c) Codification of Change of Name.--Section 204(b) of such

Act (16 U.S.C. 670j) is amended by striking ``magistrate'' both

places it appears and inserting ``magistrate judge''.
    (d) Repeal of Obsolete Section.--Section 208 of such Act is

repealed, and section 209 of such Act (16 U.S.C. 670o) is

redesignated as section 208.

SEC. 313. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED

                    FORCES.

    (a) Discharge Restrictions for Ships of the Armed Forces.--
Subsection (b) of section 3 of the Act to Prevent Pollution

from Ships (33 U.S.C. 1902(b)) is amended to read as follows:
    ``(b)(1) Except as provided in paragraph (3), this Act

shall not apply to--
            ``(A) a ship of the Armed Forces described in

        paragraph (2); or
            ``(B) any other ship specifically excluded by the

        MARPOL Protocol or the Antarctic Protocol.
    ``(2) A ship described in this paragraph is a ship that is

owned or operated by the Secretary, with respect to the Coast

Guard, or by the Secretary of a military department, and that,

as determined by the Secretary concerned--
            ``(A) has unique military design, construction,

        manning, or operating requirements; and
            ``(B) cannot fully comply with the discharge

        requirements of Annex V to the Convention because

        compliance is not technologically feasible or would

        impair the operations or operational capability of the

        ship.
    ``(3)(A) Notwithstanding any provision of the MARPOL

Protocol, the requirements of Annex V to the Convention shall

apply to all ships referred to in subsection (a) other than

those described in paragraph (2).
    ``(B) A ship that is described in paragraph (2) shall limit

the discharge into the sea of garbage as follows:
            ``(i) The discharge into the sea of plastics,

        including synthetic ropes, synthetic fishing nets,

        plastic garbage bags, and incinerator ashes from

        plastic products that may contain toxic chemicals or

        heavy metals, or the residues thereof, is prohibited.
            ``(ii) Garbage consisting of the following material

        may be discharged into the sea, subject to subparagraph

        (C):
                    ``(I) A non-floating slurry of seawater,

                paper, cardboard, or food waste that is capable

                of passing through a screen with openings no

                larger than 12 millimeters in diameter.
                    ``(II) Metal and glass that have been

                shredded and bagged (in compliance with clause

                (i)) so as to ensure negative buoyancy.
                    ``(III) With regard to a submersible,

                nonplastic garbage that has been compacted and

                weighted to ensure negative buoyancy.
                    ``(IV) Ash from incinerators or other

                thermal destruction systems not containing

                toxic chemicals, heavy metals, or incompletely

                burned plastics.
    ``(C)(i) Garbage described in subparagraph (B)(ii)(I) may

not be discharged within 3 nautical miles of land.
    ``(ii) Garbage described in subclauses (II), (III), and

(IV) of subparagraph (B)(ii) may not be discharged within 12

nautical miles of land.
    ``(D) Notwithstanding subparagraph (C), a ship described in

paragraph (2) that is not equipped with garbage-processing

equipment sufficient to meet the requirements of subparagraph

(B)(ii) may discharge garbage that has not been processed in

accordance with subparagraph (B)(ii) if such discharge occurs

as far as practicable from the nearest land, but in any case

not less than--
            ``(i) 12 nautical miles from the nearest land, in

        the case of food wastes and non-floating garbage,

        including paper products, cloth, glass, metal, bottles,

        crockery, and similar refuse; and
            ``(ii) 25 nautical miles from the nearest land, in

        the case of all other garbage.
    ``(E) This paragraph shall not apply when discharge of any

garbage is necessary for the purpose of securing the safety of

the ship, the health of the ship's personnel, or saving life at

sea. In the event that there is such a discharge, the discharge

shall be reported to the Secretary, with respect to the Coast

Guard, or the Secretary concerned.
    ``(F) This paragraph shall not apply during time of war or

a national emergency declared by the President or Congress.''.
    (b) Conforming Amendments.--Section 3(f) of the Act to

Prevent Pollution from Ships (33 U.S.C. 1902(f)) is amended--
            (1) in paragraph (1), by striking ``Annex V to the

        Convention on or before the dates referred to in

        subsections (b)(2)(A) and (c)(1)'' and inserting

        ``subsection (b)''; and
            (2) in paragraph (2), by inserting ``and subsection

        (b)(3)(B)(i) of this section'' after ``Annex V to the

        Convention''.

SEC. 314. MODIFICATION TO THE RESPONSIBILITIES OF THE ASSISTANT

                    SECRETARY OF DEFENSE FOR OPERATIONAL ENERGY, PLANS,

                    AND PROGRAMS.

    (a) Modification of Responsibilities.--Section 138(c) of

title 10, United States Code, is amended by adding at the end

the following new paragraph:
    ``(3) The Assistant Secretary, in consultation with the

heads of the military departments and the Assistant Secretary

of Defense for Research and Engineering, shall--
            ``(A) lead the alternative fuel activities of the

        Department of Defense and oversee the investments of

        the Department in such activities;
            ``(B) make recommendations to the Secretary

        regarding the development of alternative fuels by the

        military departments and the Office of the Secretary of

        Defense;
            ``(C) establish guidelines and prescribe policy to

        streamline the investments in alternative fuel

        activities across the Department of Defense;
            ``(D) encourage collaboration with and leveraging

        of investments made by the Department of Energy, the

        Department of Agriculture, and other relevant Federal

        agencies to advance alternative fuel development to the

        benefit of the Department of Defense; and
            ``(E) certify the budget associated with the

        investment of the Department of Defense in alternative

        fuel activities in accordance with subsection

        (e)(4).''.
    (b) Reporting Requirement.--Section 2925(b)(2) of title 10,

United States Code, is amended--
            (1) by redesignating subparagraph (E) as

        subparagraph (F); and
            (2) by inserting after subparagraph (D) the

        following new subparagraph (E):
            ``(E) A description of the alternative fuel

        initiatives of the Department of Defense, including

        funding and expenditures by account and activity for

        the preceding fiscal year, including funding made

        available in regular defense appropriations Acts and

        any supplemental appropriation Acts.''.

SEC. 315. ENERGY-EFFICIENT TECHNOLOGIES IN CONTRACTS FOR LOGISTICS

                    SUPPORT OF CONTINGENCY OPERATIONS.

    (a) Energy Performance Master Plan.--The energy performance

master plan for the Department of Defense developed under

section 2911 of title 10, United States Code, shall

specifically address the application of energy-efficient or

energy reduction technologies or processes meeting the

requirements of subsection (b) in logistics support contracts

for contingency operations. In accordance with the requirements

of such section, the plan shall include goals, metrics, and

incentives for achieving energy efficiency in such contracts.
    (b) Requirements for Energy Technologies and Processes.--
Energy-efficient and energy reduction technologies or processes

described in subsection (a) are technologies or processes that

meet the following criteria:
            (1) The technology or process achieves long-term

        savings for the Government by reducing overall demand

        for fuel and other sources of energy in contingency

        operations.
            (2) The technology or process does not disrupt the

        mission, the logistics, or the core requirements in the

        contingency operation concerned.
            (3) The technology or process is able to integrate

        seamlessly into the existing infrastructure in the

        contingency operation concerned.
    (d) Regulations and Guidance.--The Under Secretary of

Defense for Acquisition, Technology, and Logistics shall issue

such regulations and guidance as may be needed to implement the

requirements of this section and ensure that goals established

pursuant to subsection (a) are met. Such regulations or

guidance shall consider the lifecycle cost savings associated

with the energy technology or process being offered by a vendor

for defense logistics support and oblige the offeror to

demonstrate the savings achieved over traditional technologies.
    (e) Report.--The annual report required by section 2925(b)

of title 10, United States Code, shall include information on

the progress in the implementation of this section, including

savings achieved by the Department resulting from such

implementation.
    (f) Definitions.--In this section:
            (1) The term ``defense logistics support contract''

        means a contract for services, or a task order under

        such a contract, awarded by the Department of Defense

        to provide logistics support during times of military

        mobilizations, including contingency operations, in any

        amount greater than the simplified acquisition

        threshold.
            (2) The term ``contingency operation'' has the

        meaning provided in section 101(a)(13) of title 10,

        United States Code.

SEC. 316. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE IS DISPOSED OF

                    IN OPEN-AIR BURN PITS.

    Section 317 of the National Defense Authorization Act for

Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2250; 10 U.S.C.

2701 note) is amended--
            (1) by redesignating subsection (c) as subsection

        (d); and
            (2) by inserting after subsection (b) the following

        new subsection (c):
    ``(c) Health Assessment Reports.--Not later than 180 days

after notice is due under subsection (a)(2), the Secretary

shall submit to the Committees on Armed Services of the Senate

and House of Representatives a health assessment report on each

open-air burn pit at a location where at least 100 personnel

have been employed for 90 consecutive days or more. Each such

report shall include each of the following:
            ``(1) An epidemiological description of the short-
        term and long-term health risks posed to personnel in

        the area where the burn pit is located because of

        exposure to the open-air burn pit.
            ``(2) A copy of the methodology used to determine

        the health risks described in paragraph (1).
            ``(3) A copy of the assessment of the operational

        risks and health risks when making the determination

        pursuant to subsection (a) that no alternative disposal

        method is feasible for the open-air burn pit.''.

SEC. 317. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS.

    (a) In General.--Chapter 160 of title 10, United States

Code, is amended by adding at the end the following new

section:

``Sec. 2711. Annual report on defense environmental programs

    ``(a) Report Required.--The Secretary of Defense shall

submit to Congress each year, not later than 45 days after the

date on which the President submits to Congress the budget for

a fiscal year, a report on defense environmental programs. Each

report shall include:
            ``(1) With respect to environmental restoration

        activities of the Department of Defense, and for each

        of the military departments, the following elements:
                    ``(A) Information on the Environmental

                Restoration Program, including the following:
                            ``(i) The total number of sites in

                        the Environmental Restoration Program.
                            ``(ii) The number of sites in the

                        Environmental Restoration Program that

                        have reached the Remedy in Place Stage

                        and the Response Complete Stage, and

                        the change in such numbers in the

                        preceding fiscal year.
                            ``(iii) A statement of the amount

                        of funds allocated by the Secretary

                        for, and the anticipated progress in

                        implementing, the Environmental

                        Restoration Program during the fiscal

                        year for which the budget is submitted.
                            ``(iv) The Secretary's assessment

                        of the overall progress of the

                        Environmental Restoration Program.
                    ``(B) Information on the Military Munitions

                Restoration Program (MMRP), including the

                following:
                            ``(i) The total number of sites in

                        the MMRP.
                            ``(ii) The number of sites that

                        have reached the Remedy in Place Stage

                        and the Response Complete Stage, and

                        the change in such numbers in the

                        preceding fiscal year.
                            ``(iii) A statement of the amount

                        of funds allocated by the Secretary

                        for, and the anticipated progress in

                        implementing, the MMRP during the

                        fiscal year for which the budget is

                        submitted.
                            ``(iv) The Secretary's assessment

                        of the overall progress of the MMRP.
            ``(2) With respect to each of the major activities

        under the environmental quality program of the

        Department of Defense and for each of the military

        departments--
                    ``(A) a statement of the amount expended,

                or proposed to be expended, during the period

                consisting of the four fiscal years preceding

                the fiscal year in which the report is

                submitted, the current fiscal year, the fiscal

                year for which the budget is submitted, and the

                fiscal year following the fiscal year for which

                the budget is submitted; and
                    ``(B) an explanation for any significant

                change in such amounts during the period

                covered.
            ``(3) With respect to the environmental technology

        program of the Department of Defense--
                    ``(A) a report on the progress made in

                achieving the objectives and goals of its

                environmental technology program during the

                preceding fiscal year and an overall trend

                analysis for the program covering the previous

                four fiscal years; and
                    ``(B) a statement of the amount expended,

                or proposed to be expended, during the period

                consisting of the four fiscal years preceding

                the fiscal year in which the report is

                submitted, the fiscal year for which the budget

                is submitted, and the fiscal year following the

                fiscal year for which the budget is submitted.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `environmental quality program'

        means a program of activities relating to environmental

        compliance, conservation, pollution prevention, and

        other activities relating to environmental quality as

        the Secretary may designate; and
            ``(2) the term `major activities' with respect to

        an environmental program means--
                    ``(A) environmental compliance activities;
                    ``(B) conservation activities; and
                    ``(C) pollution prevention activities.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 2710 the following new item:

``2711. Annual report on defense environmental programs.''.

SEC. 318. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED

                    PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING

                    COMPLEX, WASHINGTON.

    (a) Authority To Transfer Funds.--
            (1) Transfer amount.--Using funds described in

        subsection (b) and notwithstanding section 2215 of

        title 10, United States Code, the Secretary of the Navy

        may transfer not more than $45,000 to the Hazardous

        Substance Superfund Jackson Park Housing Complex,

        Washington, special account.
            (2) Purpose of transfer.--The payment under

        paragraph (1) is to pay a stipulated penalty assessed

        by the Environmental Protection Agency on October 7,

        2009, against the Jackson Park Housing Complex,

        Washington, for the failure by the Navy to submit a

        draft Final Remedial Investigation/Feasibility Study

        for the Jackson Park Housing Complex Operable Unit (OU-
        3T-JPHC) in accordance with the requirements of the

        Interagency Agreement (Administrative Docket No.

        CERCLA-10-2005-0023).
    (b) Source of Funds.--Any payment under subsection (a)

shall be made using funds authorized to be appropriated by

section 301 for operation and maintenance for Environmental

Restoration, Navy.
    (c) Use of Funds.--The amount transferred under subsection

(a) shall be used by the Environmental Protection Agency to pay

the penalty described under paragraph (2) of such subsection.

SEC. 319. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND

                    DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO

                    DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH

                    CAROLINA.

    (a) Limitation on Use of Funds.--None of the funds

authorized to be appropriated by this Act may be used to make a

final decision on or final adjudication of any claim filed

regarding water contamination at Marine Corps Base Camp Lejeune

unless the Agency for Toxic Substances and Disease Registry

completes all epidemiological and water modeling studies

relevant to such contamination that are ongoing as of June 1,

2011, and certifies the completion of all such studies in

writing to the Committees on Armed Services for the Senate and

the House of Representatives. This provision does not prevent

the use of funds for routine administrative tasks required to

maintain such claims nor does it prohibit the use of funds for

matters pending in Federal court.
    (b) Resolution of Certain Disputes.--The Secretary of the

Navy shall make every effort to resolve any dispute arising

between the Department of the Navy and the Agency for Toxic

Substances and Disease Registry that is covered by the

Interagency Agreement between the Department of Health and

Human Services Agency for Toxic Substances and Disease Registry

and the Department of the Navy or any successor memorandum of

understanding and signed agreements not later than 60 days

after the date on which the dispute first arises. In the event

the Secretary is unable to resolve such a dispute within 60

days, the Secretary shall submit to the congressional defense

committees a report on the reasons why an agreement has not yet

been reached, the actions that the Secretary plans to take to

reach agreement, and the schedule for taking such actions.
    (c) Coordination Prior to Releasing Information to the

Public.--The Secretary of the Navy shall make every effort to

coordinate with the Agency for Toxic Substances and Disease

Registry on all issues pertaining to water contamination at

Marine Corps Base Camp Lejeune, and other exposed pathways

before releasing anything to the public.

SEC. 320. FIRE SUPPRESSION AGENTS.

    Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is

amended--
            (1) in paragraph (2), by striking ``or'' at the

        end;
            (2) in paragraph (3), by striking the period at the

        end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) is listed as acceptable for use as a fire

        suppression agent for nonresidential applications in

        accordance with section 612(c).''.

                 Subtitle C--Logistics and Sustainment

SEC. 321. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR.

    Section 2460 of title 10, United States Code, is amended to

read as follows:

``Sec. 2460. Definition of depot-level maintenance and repair

    ``In this chapter, the term ``depot-level maintenance and

repair''--
            ``(1) means any action performed on materiel or

        software in the conduct of inspection, repair,

        overhaul, or the modification or rebuild of end-items,

        assemblies, subassemblies, and parts, that--
                    ``(A) requires extensive industrial

                facilities, specialized tools and equipment, or

                uniquely experienced and trained personnel that

                are not available in lower echelon-level

                maintenance activities; and
                    ``(B) is a function and, as such, is

                independent of any location or funding source

                and may be performed in the public or private

                sectors (including the performance of interim

                contract support or contract logistic support

                arrangements); and
            ``(2) includes--
                    ``(A) the fabrication of parts, testing,

                and reclamation, as necessary;
                    ``(B) the repair, adaptive modifications or

                upgrades, change events made to operational

                software, integration and testing; and
                    ``(C) in the case of either hardware or

                software modifications or upgrades, the labor

                associated with the application of the

                modification.''.

SEC. 322. DESIGNATION OF MILITARY ARSENAL FACILITIES AS CENTERS OF

                    INDUSTRIAL AND TECHNICAL EXCELLENCE.

    Section 2474(a)(1) of title 10, United States Code, is

amended by inserting ``or military arsenal facility'' after

``depot-level activity''.

SEC. 323. PERMANENT AND EXPANDED AUTHORITY FOR ARMY INDUSTRIAL

                    FACILITIES TO ENTER INTO CERTAIN COOPERATIVE

                    ARRANGEMENTS WITH NON-ARMY ENTITIES.

    (a) In General.--Section 4544 of title 10, United States

Code, is amended--
            (1) in subsection (a), by striking the second

        sentence; and
            (2) by striking subsection (k).
    (b) Report.--Section 328(b)(A) of the National Defense

Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122

Stat. 66; 10 U.S.C. 4544 note) is amended by striking ``the

advisability'' and all that follows through the end and

inserting ``the effect of the use of such authority on the

rates charged by each Army industrial facility when bidding on

contracts for the Army or for a Defense agency and providing

recommendations to improve the ability of each category of Army

industrial facility (as defined in section 4544(j) of title 10,

United States Code) to compete for such contracts;''.

SEC. 324. IMPLEMENTATION OF CORRECTIVE ACTIONS RESULTING FROM CORROSION

                    STUDY OF THE F-22 AND F-35 AIRCRAFT.

    (a) Implementation; Congressional Briefing.--Not later than

January 31, 2012, the Under Secretary of Defense for

Acquisition, Technology, and Logistics shall implement the

recommended actions described in subsection (b) and provide to

the congressional defense committees a briefing on the actions

taken by the Under Secretary to implement such recommended

actions.
    (b) Recommended Actions.--The recommended actions described

in this subsection are the following four recommended actions

included in the report of the Government Accountability Office

report numbered GAO-11-117R and titled ``Defense Management:

DOD Needs to Monitor and Assess Corrective Actions Resulting

from Its Corrosion Study of the F-35 Joint Strike Fighter'':
            (1) The documentation of program-specific

        recommendations made as a result of the corrosion study

        described in subsection (d) with regard to the F-35 and

        F-22 aircraft and the establishment of a process for

        monitoring and assessing the effectiveness of the

        corrective actions taken with respect to such aircraft

        in response to such recommendations.
            (2) The documentation of program-specific

        recommendations made as a result of such corrosion

        study with regard to the other weapon systems

        identified in the study, specifically the CH-53K

        helicopter, the Joint High Speed Vessel, the Broad Area

        Maritime Surveillance Unmanned Aircraft System, and the

        Joint Light Tactical Vehicle, and the establishment of

        a process for monitoring and assessing the

        effectiveness of the corrosion prevention and control

        programs implemented for such weapons systems in

        response to such recommendations.
            (3) The documentation of Air Force-specific and

        Navy-specific recommendations made as a result of such

        corrosion study and the establishment of a process for

        monitoring and assessing the effectiveness of the

        corrective actions taken by the Air Force and the Navy

        in response to such recommendations.
            (4) The documentation of Department of Defense-wide

        recommendations made as a result of such corrosion

        study, the implementation of any needed changes in

        policies and practices to improve corrosion prevention

        and control in new systems acquired by the Department,

        and the establishment of a process for monitoring and

        assessing the effectiveness of the corrective actions

        taken by the Department in response to such

        recommendations.
    (c) Deadline for Compliance.--Not later than December 31,

2012, the Under Secretary of Defense for Acquisition,

Technology, and Logistics, in conjunction with the directors of

the F-35 and F-22 program offices, the directors of the program

offices for the weapons systems referred to in subsection

(b)(2), the Secretary of the Army, the Secretary of the Air

Force, and the Secretary of the Navy, shall--
            (1) take whatever steps necessary to comply with

        the recommendations documented pursuant to the required

        implementation under subsection (a) of the recommended

        actions described in subsection (b); or
            (2) submit to the congressional defense committees

        written justification of why compliance was not

        feasible or achieved.
    (d) Corrosion Study.--The corrosion study described in this

subsection is the study required in House Report 111-166

accompanying H.R. 2647 of the 111th Congress conducted by the

Office of the Director of Corrosion Policy and Oversight of the

Office of the Secretary of Defense and titled ``Corrosion

Evaluation of the F-22 Raptor and F-35 Lightning II Joint

Strike Fighter''.

SEC. 325. MODIFICATION OF REQUIREMENTS RELATING TO MINIMUM CAPITAL

                    INVESTMENT FOR CERTAIN DEPOTS.

    Section 2476 of title 10, United States Code, is amended--
            (1) in subsection (a), by inserting ``maintenance,

        repair, and overhaul'' after ``combined'';
            (2) in subsection (b)--
                    (A) by striking ``includes investment funds

                spent on depot infrastructure, equipment, and

                process improvement in direct support'' and

                inserting ``includes investment funds spent to

                modernize or improve the efficiency of depot

                facilities, equipment, work environment, or

                processes in direct support''; and
                    (B) by inserting before the period at the

                end the following: ``, but does not include

                funds spent for sustainment of existing

                facilities, infrastructure, or equipment''.
            (3) in subsection (d), by adding at the end the

        following new subparagraph:
            ``(E) A table showing the funded workload performed

        by each covered depot for the preceding three fiscal

        years and actual investment funds allocated to each

        depot for the period covered by the report.''; and
            (4) in subsection (e)(1), by adding at the end the

        following new subparagraph:
                    ``(I) Tooele Army Depot, Utah.''.

SEC. 326. REPORTS ON DEPOT-RELATED ACTIVITIES.

    (a) Report on Depot-level Maintenance and Recapitalization

of Certain Parts and Equipment.--
            (1) In general.--Not later than 90 days after the

        date of the enactment of this Act, the Secretary of

        Defense in consultation with the military departments,

        shall submit to the congressional defense committees a

        report on the status of the Drawdown, Retrograde, and

        Reset Program for the equipment used in support of

        Operations New Dawn and Enduring Freedom and the status

        of the overall supply chain management for depot-level

        activities.
            (2) Elements.--The report required under paragraph

        (1) shall include the following elements:
                    (A) An assessment of the number of

                backlogged parts for critical warfighter needs,

                an explanation of why those parts became

                backlogged, and an estimate of when the backlog

                is likely to be fully addressed.
                    (B) A review of critical warfighter

                requirements that are being impacted by a lack

                of supplies and parts and an explanation of

                steps that the Secretary plans to take to meet

                the demand requirements of the military

                departments.
                    (C) An assessment of the feasibility and

                advisability of working with outside commercial

                partners and Department of Defense arsenals to

                utilize flexible and efficient turn-key rapid

                production systems to meet rapidly emerging

                warfighter requirements.
                    (D) A review of plans to further

                consolidate the ordering and stocking of parts

                and supplies from the military departments at

                depots under the control of the Defense

                Logistics Agency.
            (3) Flexible and efficient turn-key rapid

        production systems defined.--For the purposes of this

        subsection, flexible and efficient turn-key rapid

        production systems are systems that have demonstrated

        the capability to reduce the costs of parts, improve

        manufacturing efficiency, and have the following unique

        features:
                    (A) Virtual and flexible.--Systems that

                provide for flexibility to rapidly respond to

                requests for low-volume or high-volume machined

                parts and surge demand by accessing the full

                capacity of small- and medium-sized

                manufacturing communities in the United States.
                    (B) Speed to market.--Systems that provide

                for flexibility that allows rapid introduction

                of subassemblies for new parts and weapons

                systems to the warfighter.
                    (C) Risk management.--Systems that provide

                for the electronic archiving and updating of

                turn-key rapid production packages to provide

                insurance to the Department of Defense that

                parts will be available if there is a supply

                chain disruption.
    (b) Report on the Alignment, Organizational Reporting,

Military Command Structure, and Performance Rating of Air Force

System Program Managers, Sustainment Program Managers, and

Product Support Managers at Air Logistics Centers or Air

Logistics Complexes.--
            (1) Report required.--The Secretary of the Air

        Force shall enter into an agreement with a federally

        funded research and development center to submit to the

        congressional defense committees, not later than 180

        days after the date of the enactment of this Act, a

        report on the alignment, organizational reporting,

        military command structure, and performance rating of

        Air Force system program managers, sustainment program

        managers, and product support managers at Air Logistics

        Centers or Air Logistics Complexes.
            (2) Elements.--The report required under paragraph

        (1) shall include the following elements:
                    (A) Consideration of the proposed

                reorganization of Air Force Materiel Command

                announced on November 2, 2011.
                    (B) An assessment of how various

                alternatives for aligning the managers

                described in subsection (a) within Air Force

                Materiel Command would likely support and

                impact life cycle management, weapon system

                sustainment, and overall support to the

                warfighter.
                    (C) With respect to the alignment of the

                managers described in subsection (A), an

                examination of how the Air Force should be

                organized to best conduct life cycle management

                and weapon system sustainment, with any

                analysis of cost and savings factors subject to

                the consideration of overall readiness.
                    (D) Recommended alternatives for meeting

                these objectives.
            (3) Cooperation of secretary of air force.--The

        Secretary of the Air Force shall provide any necessary

        information and background materials necessary for

        completion of the report required under paragraph (1).

SEC. 327. CORE DEPOT-LEVEL MAINTENANCE AND REPAIR CAPABILITIES.

    (a) In General.--Section 2464 of title 10, United States

Code, is amended to read as follows:

``Sec. 2464. Core depot-level maintenance and repair capabilities

    ``(a) Necessity for Core Depot-level Maintenance and Repair

Capabilities.--(1) It is essential for national security that

the Department of Defense maintain a core depot-level

maintenance and repair capability, as defined by this title, in

support of mission-essential weapon systems or items of

military equipment needed to directly support combatant command

operational requirements and enable the armed forces to execute

the strategic, contingency, and emergency plans prepared by the

Department of Defense, as required under section 153(a) of this

title.
    ``(2) This core depot-level maintenance and repair

capability shall be Government-owned and Government-operated,

including the use of Government personnel and Government-owned

and Government-operated equipment and facilities, throughout

the lifecycle of the weapon system or item of military

equipment involved to ensure a ready and controlled source of

technical competence and resources necessary to ensure

effective and timely response to a mobilization, national

defense contingency situations, and other emergency

requirements.
    ``(3)(A) Except as provided in subsection (c), the

Secretary of Defense shall identify and establish the core

depot-level maintenance and repair capabilities and capacity

required in paragraph (1).
    ``(B) Core depot-level maintenance and repair capabilities

and capacity, including the facilities, equipment, associated

logistics capabilities, technical data, and trained personnel,

shall be established not later than four years after a weapon

system or item of military equipment achieves initial

operational capability or is fielded in support of operations.
    ``(4) The Secretary of Defense shall assign Government-
owned and Government-operated depot-level maintenance and

repair facilities of the Department of Defense sufficient

workload to ensure cost efficiency and technical competence in

peacetime, while preserving the ability to provide an effective

and timely response to a mobilization, national defense

contingency situations, and other emergency requirements.
    ``(b) Waiver Authority.--(1) The Secretary of Defense may

waive the requirement in subsection (a)(3) if the Secretary

determines that--
            ``(A) the weapon system or item of military

        equipment is not an enduring element of the national

        defense strategy;
            ``(B) in the case of nuclear aircraft carrier

        refueling, fulfilling the requirement is not

        economically feasible; or
            ``(C) it is in the best interest of national

        security.
    ``(2) The Secretary of a military department may waive the

requirement in subsection (a)(3) for special access programs if

such a waiver is determined to be in the best interest of the

United States.
    ``(3) The determination to waive requirements in accordance

with paragraph (1) or (2) shall be documented and notification

submitted to Congress with justification for the waiver within

30 days of issuance.
    ``(c) Applicability to Commercial Items.--(1) The

requirement in subsection (a)(3) shall not apply to items

determined to be commercial items.
    ``(2) The first time a weapon system or other item of

military equipment described in subsection (a) is determined to

be a commercial item for the purposes of the exception under

subsection (c), the Secretary of Defense shall submit to

Congress a notification of the determination, together with the

justification for the determination. The justification for the

determination shall include, at a minimum, the following:
            ``(A) The estimated percentage of commonality of

        parts of the version of the item that is sold or leased

        in the commercial marketplace and the version of the

        item to be purchased by the Department of Defense.
            ``(B) The value of any unique support and test

        equipment and tools needed to support the military

        requirements if the item were maintained by the

        Department of Defense.
            ``(C) A comparison of the estimated life-cycle

        depot-level maintenance and repair support costs that

        would be incurred by the Government if the item were

        maintained by the private sector with the estimated

        life-cycle depot-level maintenance support costs that

        would be incurred by the Government if the item were

        maintained by the Department of Defense.
    ``(3) In this subsection, the term `commercial item' means

an end-item, assembly, subassembly, or part sold or leased in

substantial quantities to the general public and purchased by

the Department of Defense without modification in the same form

that they are sold in the commercial marketplace, or with minor

modifications to meet Federal Government requirements.
    ``(d) Limitation on Contracting.--(1) Except as provided in

paragraph (2), performance of workload needed to maintain a

core depot-level maintenance and repair capability identified

by the Secretary under subsection (a)(3) may not be contracted

for performance by non-Government personnel under the

procedures and requirements of Office of Management and Budget

Circular A-76 or any successor administrative regulation or

policy (hereinafter in this section referred to as `OMB

Circular A-76').
    ``(2) The Secretary of Defense may waive paragraph (1) in

the case of any such depot-level maintenance and repair

capability and provide that performance of the workload needed

to maintain that capability shall be considered for conversion

to contractor performance in accordance with OMB Circular A-76.

Any such waiver shall be made under regulations prescribed by

the Secretary and shall be based on a determination by the

Secretary that Government performance of the workload is no

longer required for national defense reasons. Such regulations

shall include criteria for determining whether Government

performance of any such workload is no longer required for

national defense reasons.
    ``(3)(A) A waiver under paragraph (2) may not take effect

until the expiration of the first period of 30 days of

continuous session of Congress that begins on or after the date

on which the Secretary submits a report on the waiver to the

Committee on Armed Services and the Committee on Appropriations

of the Senate and the Committee on Armed Services and the

Committee on Appropriations of the House of Representatives.
    ``(B) For the purposes of subparagraph (A)--
            ``(i) continuity of session is broken only by an

        adjournment of Congress sine die; and
            ``(ii) the days on which either House is not in

        session because of an adjournment of more than three

        days to a day certain are excluded in the computation

        of any period of time in which Congress is in

        continuous session.
    ``(e) Biennial Core Report.--Not later than April 1 on each

even-numbered year, the Secretary of Defense shall submit to

Congress a report identifying, for each of the armed forces

(except for the Coast Guard), for the subsequent fiscal year

the following:
            ``(1) The core depot-level maintenance and repair

        capability requirements and sustaining workloads,

        organized by work breakdown structure, expressed in

        direct labor hours.
            ``(2) The corresponding workloads necessary to

        sustain core depot-level maintenance and repair

        capability requirements, expressed in direct labor

        hours and cost.
            ``(3) In any case where core depot-level

        maintenance and repair capability requirements exceed

        or are expected to exceed sustaining workloads, a

        detailed rationale for the shortfall and a plan either

        to correct, or mitigate, the effects of the shortfall.
    ``(f) Annual Core Report.-- In 2013 and each year

thereafter, not later than 60 days after the date on which the

budget of the President for a fiscal year is submitted to

Congress pursuant to section 1105 of title 31, the Secretary of

Defense shall submit to Congress a report identifying, for each

of the armed forces (other than the Coast Guard), for the

fiscal year preceding the fiscal year during which the report

is submitted, each of the following:
            ``(1) The core depot-level maintenance and repair

        capability requirements identified in subsection

        (a)(3).
            ``(2) The workload required to cost-effectively

        support such requirements.
            ``(3) To the maximum extent practicable, the

        additional workload beyond the workloads identified

        under subsection (a)(4) needed to ensure that not more

        than 50 percent of the non-exempt depot maintenance

        funding is expended for performance by non-Federal

        governmental personnel in accordance with section 2466

        of this title.
            ``(4) The allocation of workload for each Center of

        Industrial and Technical Excellence as designated in

        accordance with section 2474 of this title.
            ``(5) The depot-level maintenance and repair

        capital investments required to be made in order to

        ensure compliance with subsection (a)(3) by not later

        than four years after achieving initial operational

        capacity.
            ``(6) The outcome of a reassessment of continuation

        of a waiver granted under subsection (b).
    ``(g) Comptroller General Review.--The Comptroller General

shall review each report required under subsections (e) and (f)

for completeness and compliance and provide findings and

recommendations to the congressional defense committees not

later than 60 days after the report is submitted to

Congress.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of chapter 146 of such title is amended by striking

the item relating to section 2464 and inserting the following

new item:

``2464. Core depot-level maintenance and repair capabilities.''.

                         Subtitle D--Readiness

SEC. 331. MODIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO ACCEPT

                    VOLUNTARY CONTRIBUTIONS OF FUNDS.

    The second sentence of subsection (g) of section 358 of the

Ike Skelton National Defense Authorization Act for Fiscal Year

2011 (Public Law 111-383; 124 Stat. 4201; 49 U.S.C. 44718 note)

is amended--
            (1) by striking ``shall be available'' and

        inserting ``shall remain available until expended'';

        and
            (2) by inserting before the period at the end the

        following: ``or to conduct studies of potential

        measures to mitigate such impacts''.

SEC. 332. REVIEW OF PROPOSED STRUCTURES AFFECTING NAVIGABLE AIRSPACE.

    Section 44718 of title 49, United States Code, is amended

by adding at the end the following new subsection:
    ``(e) Review of Aeronautical Studies.--The Administrator of

the Federal Aviation Administration shall develop procedures to

allow the Department of Defense and the Department of Homeland

Security to review and comment on an aeronautical study

conducted pursuant to subsection (b) prior to the completion of

the study.''.

                          Subtitle E--Reports

SEC. 341. ANNUAL CERTIFICATION AND MODIFICATIONS OF ANNUAL REPORT ON

                    PREPOSITIONED MATERIEL AND EQUIPMENT.

    (a) Annual Certification.--Section 2229 of title 10, United

States Code, is amended by adding at the end the following new

subsection:
    ``(d) Annual Certification.--(1) Not later than the date of

the submission of the President's budget request for a fiscal

year under section 1105 of title 31, the Secretary of Defense

shall submit to the congressional defense committees

certification in writing that the prepositioned stocks of each

of the military departments meet all operations plans, in both

fill and readiness, that are in effect as of the date of the

submission of the certification.
    ``(2) If, for any year, the Secretary cannot certify that

any of the prepositioned stocks meet such operations plans, the

Secretary shall include with the certification for that year a

list of the operations plans affected, a description of any

measures that have been taken to mitigate any risk associated

with prepositioned stock shortfalls, and an anticipated

timeframe for the replenishment of the stocks.
    ``(3) A certification under this subsection shall be in an

unclassified form but may have a classified annex.''.
    (b) Annual Report.--Section 2229a(a) of title 10, United

States Code, is amended by adding at the end the following new

paragraphs:
            ``(7) A list of any non-standard items slated for

        inclusion in the prepositioned stocks and a plan for

        funding the inclusion and sustainment of such items.
            ``(8) A list of any equipment used in support of

        Operation Iraqi Freedom, Operation New Dawn, or

        Operation Enduring Freedom slated for retrograde and

        subsequent inclusion in the prepositioned stocks.
            ``(9) An efficiency strategy for limited shelf-life

        medical stock replacement.
            ``(10) The status of efforts to develop a joint

        strategy, integrate service requirements, and eliminate

        redundancies.
            ``(11) The operational planning assumptions used in

        the formulation of prepositioned stock levels and

        composition.
            ``(12) A list of any strategic plans affected by

        changes to the levels, composition, or locations of the

        prepositioned stocks and a description of any action

        taken to mitigate any risk that such changes may

        create.''.

SEC. 342. ADDITIONAL MATTERS FOR INCLUSION IN AND MODIFIED DEADLINE FOR

                    THE ANNUAL REPORT ON OPERATIONAL ENERGY.

    Section 2925(b)(2) of title 10, United States Code, is

amended--
            (1) by redesignating subparagraph (F), as

        redesignated by section 314, as subparagraph (G); and
            (2) by inserting after subparagraph (E), as added

        by such section, the following new subparagraph (F):
            ``(F) An evaluation of practices used in

        contingency operations during the previous fiscal year

        and potential improvements to such practices to reduce

        vulnerabilities associated with fuel convoys, including

        improvements in tent and structure efficiency,

        improvements in generator efficiency, and displacement

        of liquid fuels with on-site renewable energy

        generation. Such evaluation should identify challenges

        associated with the deployment of more efficient

        structures and equipment and renewable energy

        generation, and recommendations for overcoming such

        challenges.''.

SEC. 343. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE.

    (a) Study.--
            (1) In general.--The Secretary of the Air Force

        shall conduct a study on the ability of the major air

        test and training range infrastructure, including major

        military operating area airspace and special use

        airspace, to support the full spectrum of Air Force

        operations. The Secretary shall incorporate the results

        of the study into a master plan for requirements and

        proposed investments to meet Air Force training and

        test needs through 2025. The study and the master plan

        shall be known as the ``2025 Air Test and Training

        Range Enhancement Plan''.
            (2) Consultation.--The Secretary of the Air Force

        shall, in conducting the study required under paragraph

        (1), consult with the Secretaries of the other military

        departments to determine opportunities for joint use

        and training of the ranges, and to assess the

        requirements needed to support combined arms training

        on the ranges. The Secretary shall also consult with

        the Department of the Interior, the Department of

        Agriculture, the Federal Aviation Administration, the

        Federal Energy Regulation Commission, and the

        Department of Energy to assess the need for transfers

        of administrative control of certain parcels of

        airspace and land to the Department of Defense to

        protect the missions and control of the ranges.
            (3) Continuation of range infrastructure

        improvements.--The Secretary of the Air Force may

        proceed with all ongoing and scheduled range

        infrastructure improvements while conducting the study

        required under paragraph (1).
    (b) Reports.--
            (1) In general.--The Secretary of the Air Force

        shall submit to the congressional defense committees an

        interim report and a final report on the plan to meet

        the requirements under subsection (a) not later than

        one year and two years, respectively, after the date of

        the enactment of this Act.
            (2) Content.--The plan submitted under paragraph

        (1) shall--
                    (A) document the current condition and

                adequacy of the major Air Force test and

                training range infrastructure in the United

                States to meet test and training requirements;
                    (B) identify potential areas of concern for

                maintaining the physical safety, security, and

                current operating environment of such

                infrastructure;
                    (C) identify potential issues and threats

                related to the sustainability of the test and

                training infrastructure, including

                electromagnetic spectrum encroachment, overall

                bandwidth availability, and protection of

                classified information;
                    (D) assess coordination among ranges and

                local, state, regional, and Federal entities

                involved in land use planning, and develop

                recommendations on how to improve communication

                and coordination of such entities;
                    (E) propose remedies and actions to manage

                economic development on private lands on or

                surrounding the test and training

                infrastructure to preserve current

                capabilities;
                    (F) identify critical parcels of land not

                currently under the control of the Air Force

                for acquisition of deed or restrictive

                easements in order to protect current

                operations, access and egress corridors, and

                range boundaries, or to expand the capability

                of the air test and training ranges;
                    (G) identify which parcels identified

                pursuant to subparagraph (F) could, through the

                acquisition of conservation easements, serve

                military interests while also preserving

                recreational access to public and private

                lands, protecting wildlife habitat, or

                preserving opportunities for energy development

                and energy transmission;
                    (H) prioritize improvements and

                modernization of the facilities, equipment, and

                technology supporting the infrastructure in

                order to provide a test and training

                environment that accurately simulates and or

                portrays the full spectrum of threats and

                targets of likely United States adversaries in

                2025;
                    (I) incorporate emerging requirements

                generated by requirements for virtual training

                and new weapon systems, including the F-22, the

                F-35, space and cyber systems, and Remotely

                Piloted Aircraft;
                    (J) assess the value of State and local

                legislative initiatives to protect Air Force

                test and training range infrastructure;
                    (K) identify parcels with no value to

                future military operations;
                    (L) propose a list of prioritized projects,

                easements, acquisitions, or other actions,

                including estimated costs required to upgrade

                the test and training range infrastructure,

                taking into consideration the criteria set

                forth in this paragraph; and
                    (M) explore opportunities to increase

                foreign military training with United States

                allies at test and training ranges in the

                continental United States.
            (3) Form.--Each report required under this

        subsection shall be submitted in unclassified form, but

        may include a classified annex as necessary.
            (4) Rule of construction.--The reports submitted

        under this section shall not be construed as meeting

        the requirements of section 2815(d) of the Military

        Construction Authorization Act for Fiscal Year 2000

        (Public Law 106-65; 113 Stat. 852).

SEC. 344. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL OPERATIONS

                    FORCES.

    (a) Study.--
            (1) In general.--The Commander of the United States

        Special Operations Command shall conduct a study on the

        ability of existing training ranges used by special

        operations forces, including military operating area

        airspace and special use airspace, to support the full

        spectrum of missions and operations assigned to special

        operations forces.
            (2) Consultation.--The Commander shall, in

        conducting the study required under paragraph (1),

        consult with the Secretaries of the military

        departments, the Office of the Secretary of Defense,

        and the Joint Staff on--
                    (A) procedures and priorities for joint use

                and training on ranges operated by the military

                services, and to assess the requirements needed

                to support combined arms training on the

                ranges; and
                    (B) requirements and proposed investments

                to meet special operations training

                requirements through 2025.
    (b) Reports.--
            (1) In general.--Not later than one year after the

        date of the enactment of this Act, the Commander shall

        submit to the congressional defense committees a report

        on the plan to meet the requirements under subsection

        (a).
            (2) Content.--The study submitted under paragraph

        (1) shall--
                    (A) assess the current condition and

                adequacy of, and access to, all existing

                training ranges in the United States used by

                special operations forces;
                    (B) identify potential areas of concern for

                maintaining the physical safety, security, and

                current operating environment of ranges used by

                special operations forces;
                    (C) identify issues and challenges related

                to the availability and sustainability of the

                existing training ranges used by special

                operations forces, including support of a full

                spectrum of operations and protection of

                classified missions and tactics;
                    (D) assess coordination among ranges and

                local, State, regional, and Federal entities

                involved in land use planning and the

                protection of ranges from encroachment;
                    (E) propose remedies and actions to ensure

                consistent and prioritized access to existing

                ranges;
                    (F) prioritize improvements and

                modernization of the facilities, equipment, and

                technology supporting the ranges in order to

                adequately simulate the full spectrum of

                threats and contingencies for special

                operations forces; and
                    (G) propose a list of prioritized projects,

                easements, acquisitions, or other actions,

                including estimated costs required to upgrade

                training range infrastructure.
            (3) Form.--Each report required under this

        subsection shall be submitted in unclassified form, but

        may include a classified annex as necessary.

SEC. 345. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE AND

                    EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS TO

                    ACHIEVE COST SAVINGS.

    Not later than 270 days after the date of the enactment of

this Act, the Secretary of Defense shall conduct a survey of

the quantity and condition of each class of non-tactical

wheeled vehicles and base-level commercial equipment in the

fleets of the military departments and report to the

congressional defense committees on the advisability of

establishing service life extension programs for such classes

of vehicles.

SEC. 346. STUDY ON UNITED STATES FORCE POSTURE IN THE UNITED STATES

                    PACIFIC COMMAND AREA OF RESPONSIBILITY.

    (a) Independent Assessment.--
            (1) In general.--The Secretary of Defense, in

        consultation with the Chairmen and Ranking Members of

        the Committees on Armed Services of the Senate and the

        House of Representatives, shall commission an

        independent assessment of United States security

        interests in the United States Pacific Command area of

        responsibility. The assessment shall be conducted by an

        independent, non-governmental institute which is

        described in section 501(c)(3) of the Internal Revenue

        Code of 1986 and exempt from tax under section 501(a)

        of such Code, and has recognized credentials and

        expertise in national security and military affairs

        with ready access to policy experts throughout the

        country and from the region.
            (2) Elements.--The assessment conducted pursuant to

        paragraph (1) shall include the following elements:
                    (A) A review of current and emerging United

                States national security interests in the

                United States Pacific Command area of

                responsibility.
                    (B) A review of current United States

                military force posture and deployment plans of

                the United States Pacific Command.
                    (C) Options for the realignment of United

                States forces in the region to respond to new

                opportunities presented by allies and partners.
                    (D) The views of noted policy leaders and

                regional experts, including military commanders

                in the region.
    (b) Report.--Not later than 90 days after the date of the

enactment of this Act, the designated private entity shall

provide an unclassified report, with a classified annex,

containing its findings to the Secretary of Defense. Not later

than 90 days after the date of receipt of the report, the

Secretary of Defense shall transmit the report to the

congressional defense committees, together with such comments

on the report as the Secretary considers appropriate.
    (c) Authorization of Appropriations.--Of the amounts

authorized to be appropriated under section 301 for operation

and maintenance for Defense-wide activities, up to $1,000,000,

shall be made available for the completion of the study

required under this section.

SEC. 347. STUDY ON OVERSEAS BASING PRESENCE OF UNITED STATES FORCES.

    (a) Independent Assessment.--The Secretary of Defense shall

commission an independent assessment of the overseas basing

presence of United States forces.
    (b) Conduct of Assessment.--The assessment required by

subsection (a) may, at the election of the Secretary, be

conducted by--
            (1) a Federally-funded research and development

        center (FFRDC); or
            (2) an independent, non-governmental institute

        which is described in section 501(c)(3) of the Internal

        Revenue Code of 1986 and exempt from tax under section

        501(a) of such Code, and has recognized credentials and

        expertise in national security and military affairs

        appropriate for the assessment.
    (c) Elements.--The assessment required by subsection (a)

should include, but not be limited to, the following:
            (1) An assessment of the location and number of

        United States forces required to be forward based

        outside the United States in order to meet the National

        Military Strategy, 2010, the quadrennial defense

        review, and the engagement strategies and operational

        plans of the combatant commands.
            (2) An assessment of--
                    (A) the current condition and capacity of

                the available military facilities and training

                ranges of the United States overseas for all

                permanent stations and deployed locations,

                including land and improvements at such

                facilities and ranges and the availability of

                additional land, if required, for such

                facilities and ranges; and
                    (B) the cost of maintaining such

                infrastructure.
            (3) A determination of the amounts received by the

        United States, whether in direct payments, in-kind

        contributions, or otherwise, from foreign countries by

        reason of military facilities of the United States

        overseas.
            (4) A determination of the amounts paid by the

        United States in direct payments to foreign countries

        for the use of facilities, ranges, and lands.
            (5) An assessment of the advisability of the

        retention, closure, or realignment of military

        facilities of the United States overseas, or of the

        establishment of new military facilities of the United

        States overseas, in light of potential fiscal

        constraints on the Department of Defense and emerging

        national security requirements in coming years.
    (d) Report.--Not later than one year after the date of the

enactment of this Act, the entity selected for the conduct of

the assessment required by subsection (a) shall provide to the

Secretary an unclassified report, with a classified annex (if

appropriate), containing its findings as a result of the

assessment. Not later than 90 days after the date of receipt of

the report, the Secretary shall transmit the report to the

congressional defense committees, together with such comments

on the report as the Secretary considers appropriate.
    (e) Funding.--Of the amounts authorized to be appropriated

by section 301 and available for operation and maintenance for

Defense-wide activities as specified in the funding table in

section 4301, up to $2,000,000 shall be made available for the

completion of the assessment required by subsection (a).

SEC. 348. INCLUSION OF ASSESSMENT OF JOINT MILITARY TRAINING AND FORCE

                    ALLOCATIONS IN QUADRENNIAL DEFENSE REVIEW AND

                    NATIONAL MILITARY STRATEGY.

    The assessments of the National Military Strategy conducted

by the Chairman of the Joint Chiefs of Staff under section

153(b) of this title, and the quadrennial roles and missions

review pursuant to section 118b of this title, shall include an

assessment of joint military training and force allocations to

determine--
            (1) the compliance of the military departments with

        the joint training, doctrine, and resource allocation

        recommendations promulgated by the Joint Chiefs of

        Staff; and
            (2) the effectiveness of the Joint Staff in

        carrying out the missions of planning and

        experimentation formerly accomplished by Joint Forces

        Command.

SEC. 349. MODIFICATION OF REPORT ON PROCUREMENT OF MILITARY WORKING

                    DOGS.

    Subsection (c) of section 358 of the Duncan Hunter National

Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended--
            (1) in the subsection heading by striking ``Annual

        Report'' and inserting ``Biennial Report'';
            (2) by striking ``annually thereafter for each of

        the following five years'' and inserting ``biennially

        thereafter'';
            (3) by striking ``for the fiscal year preceding''

        and inserting ``for the two fiscal years preceding'';
            (4) by striking the second sentence; and
            (5) by striking ``for the fiscal year covered by

        the report'' and inserting ``for the period covered by

        the report''.

           Subtitle F--Limitations and Extension of Authority

SEC. 351. ADOPTION OF MILITARY WORKING DOG BY FAMILY OF DECEASED OR

                    SERIOUSLY WOUNDED MEMBER OF THE ARMED FORCES WHO

                    WAS THE DOG'S HANDLER.

    Section 2583 of title 10, United States Code, is amended--
            (1) in subsection (a)(2) by inserting after

        ``extraordinary circumstances'' the following: ``,

        including circumstances under which the handler of a

        military working dog is killed in action, dies of

        wounds received in action, or is medically retired as a

        result of injuries received in action,''; and
            (2) in subsection (c), by adding at the end the

        following: ``If the Secretary of the military

        department concerned determines that an adoption is

        justified under subsection (a)(2) under circumstances

        under which the handler of a military working dog is

        wounded in action, the dog may be made available for

        adoption only by the handler. If the Secretary of the

        military department concerned determines that such an

        adoption is justified under circumstances under which

        the handler of a military working dog is killed in

        action or dies of wounds received in action, the

        military working dog shall be made available for

        adoption only by a parent, child, spouse, or sibling of

        the deceased handler.''.

SEC. 352. PROHIBITION ON EXPANSION OF THE AIR FORCE FOOD TRANSFORMATION

                    INITIATIVE.

    The Secretary of the Air Force may not expand the Air Force

food transformation initiative (hereinafter referred to as the

``initiative'') to include any base other than the six bases

initially included in the pilot program until the Secretary of

the Air Force submits to the Committees on Armed Services of

the Senate and House of Representatives a report on the

initiative. Such report shall include the following:
            (1) A description of the effects of the initiative

        on all employees who are paid through nonappropriated

        funds.
            (2) A description of the training programs being

        developed to assist the transition for all employees

        affected by the initiative.
            (3) An explanation of how appropriated and non-
        appropriated funds used in the initiative are being

        tracked to ensure that such funds remain segregated.
            (4) An estimate of the cost savings and

        efficiencies associated with the initiative, and an

        explanation of how such savings are achieved.
            (5) An assessment of increases in food prices at

        both the appropriated facilities on the military bases

        participating in the initiative as of the date of the

        enactment of this Act and the non-appropriated funded

        facilities on such bases.
            (6) A plan for addressing any recommendations made

        by the Comptroller General of the United States

        following the Comptroller General's review of the

        initiative.

SEC. 353. DESIGNATION AND LIMITATION ON OBLIGATION AND EXPENDITURE OF

                    FUNDS FOR THE MIGRATION OF ARMY ENTERPRISE EMAIL

                    SERVICES.

    (a) Designation.--The Secretary of the Army shall designate

the effort to consolidate its enterprise email services a

formal acquisition program with the Army acquisition executive

as the milestone decision authority. The Secretary of the Army

may not delegate the authority under this subsection.
    (b) Limitation.--None of the funds authorized to be

appropriated by this Act or otherwise made available to the

Department of Defense for fiscal year 2012 for procurement or

operation and maintenance for the migration to enterprise email

services by the Department of the Army may be obligated or

expended until the date that is 30 days after the date on which

the Secretary of Army submits to the congressional defense

committees a report on the acquisition strategy for the

acquisition program designated under subsection (a), including

certification that existing and planned efforts for the program

comply with all existing regulations pertaining to competition.

The report shall include each of the following:
            (1) A description of the formal acquisition

        oversight body established.
            (2) An assessment by the acquisition oversight body

        of the sufficiency and completeness of the current

        validated requirements and analysis of alternatives.
            (3) In any instances where the validated

        requirements or analysis of alternatives has been

        determined to be insufficient, a plan for remediation.
            (4) An assessment by the Army Audit Agency to

        determine the cost savings and cost avoidance expected

        from each of the alternatives to be considered.
            (5) An assessment of the technical challenges to

        implementing the selected approach, including a

        security assessment.
            (6) A certification by the Secretary of the Army

        that the selected approach for moving forward is in the

        best technical and financial interests of the Army and

        provides for the maximum amount of competition possible

        in accordance with section 2302(3)(D) of title 10,

        United States Code.
            (7) A detailed accounting of the funding expended

        by the program as of the date of the enactment of this

        Act, as well as an estimate of the funding needed to

        complete the selected approach.
    (c) Report by Chief Information Officer of the Department

of Defense.--Not later than 180 days after the date of the

enactment of this Act, the Chief Information Officer of the

Department of Defense shall submit to the congressional defense

committees a report on Department of Defense plans for

enterprise email. Such report shall include--
            (1) an assessment of how the migration of the

        Army's email system to the Defense Information Services

        Agency fits within the Department's strategic

        information technology plans;
            (2) a description of how the Chief Information

        Officer is addressing the email capabilities of the

        other military departments, including plans for

        consolidating the email services of the other military

        departments; and
            (3) a description of the degree to which fair and

        open competition will be or has been used to modernize

        the existing infrastructure to which the Army is

        migrating its email services, including a roadmap

        detailing when elements of the architecture will be

        upgraded over time.

SEC. 354. ONE-YEAR EXTENSION OF PILOT PROGRAM FOR AVAILABILITY OF

                    WORKING-CAPITAL FUNDS TO ARMY FOR CERTAIN PRODUCT

                    IMPROVEMENTS.

    Section 330(f) of the National Defense Authorization Act

for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 68) is

amended by striking ``October 1, 2013'' and inserting ``October

1, 2014''.

                       Subtitle G--Other Matters

SEC. 361. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS

                    AMMUNITION COMPONENTS IN EXCESS OF MILITARY

                    REQUIREMENTS, AND FIRED CARTRIDGE CASES.

    Section 346 of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124

Stat. 4191; 10 U.S.C. 2576 note) is amended to read as follows:

``SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS

                    AMMUNITION COMPONENTS IN EXCESS OF MILITARY

                    REQUIREMENTS, AND FIRED CARTRIDGE CASES.

    ``(a) Commercial Sale of Small Arms Ammunition, Small

Ammunition Components, and Fired Cartridge Cases.--Small arms

ammunition and small ammunition components which are in excess

of military requirements, and intact fired small arms cartridge

cases shall be made available for commercial sale. Such small

arms ammunition, small arms ammunition components, and intact

fired cartridge cases shall not be demilitarized, destroyed, or

disposed of, unless in excess of commercial demands or

certified by the Secretary of Defense as unserviceable or

unsafe. This provision shall not apply to ammunition,

ammunition components, or fired cartridge cases stored or

expended outside the continental United States (OCONUS).
    ``(b) Deadline for Guidance.--Not later than 90 days after

the date of the enactment of the National Defense Authorization

Act for Fiscal Year 2012, the Secretary of Defense shall issue

guidance to ensure compliance with subsection (a). Not later

than 15 days after issuing such guidance, the Secretary shall

submit to the congressional defense committees a letter of

compliance providing notice of such guidance.
    ``(c) Preference.--No small arms ammunition or small arms

ammunition components in excess of military requirements, or

fired small arms cartridge cases may be made available for

commercial sale under this section before such ammunition and

ammunition components are offered for transfer or purchase, as

authorized by law, to another Federal department or agency or

for sale to State and local law enforcement, firefighting,

homeland security, and emergency management agencies pursuant

to section 2576 of title 10, United States Code, as amended by

this Act.
    ``(d) Sales Controls.--All small arms ammunition and small

arms ammunition components, and fired small arms cartridge

cases made available for commercial sale under this section

shall be subject to all explosives safety and trade security

controls in effect at the time of sale.
    ``(e) Definitions.--In this section:
            ``(1) Small arms ammunition.--The term `small arms

        ammunition' means ammunition or ordnance for firearms

        up to and including .50 caliber and for shotguns.
            ``(2) Small arms ammunition components.--The term

        `small arms ammunition components' means components,

        parts, accessories, and attachments associated with

        small arms ammunition.
            ``(3) Fired cartridge cases.--The term `fired

        cartridge cases' means expended small arms cartridge

        cases (ESACC).''.

SEC. 362. COMPTROLLER GENERAL REVIEW OF SPACE-AVAILABLE TRAVEL ON

                    MILITARY AIRCRAFT.

    (a) Review Required.--The Comptroller General of the United

States shall conduct a review of the Department of Defense

system for space-available travel. The review shall determine

the capacity of the system presently and as projected in the

future and shall examine the efficiency and usage of space-
available travel.
    (b) Elements.--The review required under subsection (a)

shall include the following elements:
            (1) A discussion of the efficiency of the system

        and data regarding usage of available space by category

        of passengers under existing regulations.
            (2) Estimates of the effect on availability based

        on future projections.
            (3) A discussion of the logistical and managements

        problems, including congestion at terminals, waiting

        times, lodging availability, and personal hardships

        currently experienced by travelers.
            (4) An evaluation of the cost of the system and

        whether space-available travel is and can remain cost-
        neutral.
            (5) An evaluation of the feasibility of expanding

        the categories of passengers eligible for space-
        available travel to include--
                    (A) in the case of overseas travel, retired

                members of an active or reserve component,

                including retired members of reserve

                components, who, but for being under the

                eligibility age applicable to the member under

                section 12731 title 10, United States Code,

                would be eligible for retired pay under chapter

                1223 of such title; and
                    (B) unremarried widows and widowers of

                active or reserve component members of the

                Armed Forces.
            (6) Other factors relating to the efficiency and

        cost effectiveness of space-available travel.

SEC. 363. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME SAFETY OF

                    FORCES AND HYDROGRAPHIC SUPPORT.

    (a) Authority.--Part IV of subtitle C of title 10, United

States Code, is amended by adding at the end the following new

chapter:

                ``CHAPTER 669--MARITIME SAFETY OF FORCES

``Sec.
``7921. Safety and effectiveness information; hydrographic information.

``Sec. 7921. Safety and effectiveness information; hydrographic

                    information

    ``(a) Safety and Effectiveness Information.--(1) The

Secretary of the Navy shall maximize the safety and

effectiveness of all maritime vessels, aircraft, and forces of

the armed forces by means of--
            ``(A) marine data collection;
            ``(B) numerical weather and ocean prediction; and
            ``(C) forecasting of hazardous weather and ocean

        conditions.
    ``(2) The Secretary may extend similar support to forces of

the North Atlantic Treaty Organization, and to coalition

forces, that are operating with the armed forces.
    ``(b) Hydrographic Information.--The Secretary of the Navy

shall collect, process, and provide to the Director of the

National Geospatial-Intelligence Agency hydrographic

information to support preparation of maps, charts, books, and

geodetic products by that Agency.''.
    (b) Clerical Amendment.--The table of chapters at the

beginning of subtitle C of such title, and the table of

chapters at the beginning of part IV of such subtitle, are each

amended by inserting after the item relating to chapter 667 the

following new item:

``669. Maritime Safety of Forces.................................7921''.

SEC. 364. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE PROTECTION

                    AGREEMENTS.

    (a) In General.--Subsection (b) of section 5 of the Act of

May 27, 1955 (42 U.S.C. 1856d(b)) is amended to read as

follows:
    ``(b) Notwithstanding subsection (a), all sums received as

reimbursements for costs incurred by any Department of Defense

activity for fire protection rendered pursuant to this Act

shall be credited to the same appropriation or fund from which

the expenses were paid or, if the period of availability for

obligation for that appropriation has expired, to the

appropriation or fund that is currently available to the

activity for the same purpose. Amounts so credited shall be

subject to the same provisions and restrictions as the

appropriation or account to which credited.''.
    (b) Applicability.--The amendment made by subsection (a)

shall apply with respect to reimbursements for expenditures of

funds appropriated after the date of the enactment of this Act.

SEC. 365. CLARIFICATION OF THE AIRLIFT SERVICE DEFINITIONS RELATIVE TO

                    THE CIVIL RESERVE AIR FLEET.

    (a) Clarification.--Section 41106 of title 49, United

States Code, is amended--
            (1) in subsections (a)(1), (b), and (c), by

        striking ``transport category aircraft'' each place it

        appears and inserting ``CRAF-eligible aircraft''; and
            (2) in subsection (c), by striking ``that has

        aircraft in the civil reserve air fleet'' and inserting

        ``referred to in subsection (a)''.
    (b) CRAF-eligible Aircraft Defined.--Such section is

further amended by adding at the end the following new

subsection:
    ``(e) CRAF-eligible Aircraft Defined.--In this section,

`CRAF-eligible aircraft' means aircraft of a type the Secretary

of Defense has determined to be eligible to participate in the

civil reserve air fleet.''.

SEC. 366. RATEMAKING PROCEDURES FOR CIVIL RESERVE AIR FLEET CONTRACTS.

    (a) In General.--Chapter 931 of title 10, United States

Code, is amended by inserting after section 9511 the following

new section:

``Sec. 9511a. Civil Reserve Air Fleet contracts: payment rate

    ``(a) Authority.--The Secretary of Defense shall determine

a fair and reasonable rate of payment for airlift services

provided to the Department of Defense by air carriers who are

participants in the Civil Reserve Air Fleet program.
    ``(b) Regulations.--The Secretary of Defense shall

prescribe regulations for purposes of subsection (a). The

Secretary may exclude from the applicability of those

regulations any airlift services contract made through the use

of competitive procedures.
    ``(c) Commitment of Aircraft as a Business Factor.--The

Secretary may, in determining the quantity of business to be

received under an airlift services contract for which the rate

of payment is determined in accordance with subsection (a), use

as a factor the relative amount of airlift capability committed

by each air carrier to the Civil Reserve Air Fleet.
    ``(d) Inapplicable Provisions of Law.--An airlift services

contract for which the rate of payment is determined in

accordance with subsection (a) shall not be subject to the

provisions of section 2306a of this title or to the provisions

of subsections (a) and (b) of section 1502 of title 41.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 9511 the following new item:

``9511a. Civil Reserve Air Fleet contracts: payment rate.''.

    (c) Initial Regulations.--Regulations shall be prescribed

under section 9511a(b) of title 10, United States Code, as

added by subsection (a), not later than 180 days after the date

of the enactment of this Act.

SEC. 367. POLICY ON ACTIVE SHOOTER TRAINING FOR CERTAIN LAW ENFORCEMENT

                    PERSONNEL.

    The Secretary of Defense shall establish policy and

promulgate guidelines to ensure civilian and military law

enforcement personnel charged with security functions on

military installations shall receive Active Shooter Training as

described in finding 4.3 of the document entitled ``Protecting

the Force: Lessons From Fort Hood''.

SEC. 368. PROCUREMENT OF TENTS OR OTHER TEMPORARY STRUCTURES.

    (a) In General.--In procuring tents or other temporary

structures for use by the Armed Forces, and in establishing or

maintaining an alternative source for such tents and

structures, the Secretary of Defense shall award contracts that

provide the best value to the United States. In determining the

best value to the United States under this section, the

Secretary shall consider the total life-cycle costs of such

tents or structures, including the costs associated with any

equipment or fuel needed to heat or cool such tents or

structures.
    (b) Interagency Procurement.--The requirements of this

section shall apply to any agency or department of the United

States that procures tents or other temporary structures on

behalf of the Department of Defense.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the

          reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2012 limitation on number of non-dual status

          technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active

          duty for operational support.

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                       Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty

personnel as of September 30, 2012, as follows:
            (1) The Army, 562,000.
            (2) The Navy, 325,700.
            (3) The Marine Corps, 202,100.
            (4) The Air Force, 332,800.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM

                    LEVELS.

    Section 691(b) of title 10, United States Code, is amended

by striking paragraphs (1) through (4) and inserting the

following new paragraphs:
            ``(1) For the Army, 547,400.
            ``(2) For the Navy, 325,700.
            ``(3) For the Marine Corps, 202,100.
            ``(4) For the Air Force, 332,800.''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths

for Selected Reserve personnel of the reserve components as of

September 30, 2012, as follows:
            (1) The Army National Guard of the United States,

        358,200.
            (2) The Army Reserve, 205,000.
            (3) The Navy Reserve, 66,200.
            (4) The Marine Corps Reserve, 39,600.
            (5) The Air National Guard of the United States,

        106,700.
            (6) The Air Force Reserve, 71,400.
            (7) The Coast Guard Reserve, 10,000.
    (b) End Strength Reductions.--The end strengths prescribed

by subsection (a) for the Selected Reserve of any reserve

component shall be proportionately reduced by--
            (1) the total authorized strength of units

        organized to serve as units of the Selected Reserve of

        such component which are on active duty (other than for

        training) at the end of the fiscal year; and
            (2) the total number of individual members not in

        units organized to serve as units of the Selected

        Reserve of such component who are on active duty (other

        than for training or for unsatisfactory participation

        in training) without their consent at the end of the

        fiscal year.
    (c) End Strength Increases.--Whenever units or individual

members of the Selected Reserve of any reserve component are

released from active duty during any fiscal year, the end

strength prescribed for such fiscal year for the Selected

Reserve of such reserve component shall be increased

proportionately by the total authorized strengths of such units

and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE

                    RESERVES.

    Within the end strengths prescribed in section 411(a), the

reserve components of the Armed Forces are authorized, as of

September 30, 2012, the following number of Reserves to be

serving on full-time active duty or full-time duty, in the case

of members of the National Guard, for the purpose of

organizing, administering, recruiting, instructing, or training

the reserve components:
            (1) The Army National Guard of the United States,

        32,060.
            (2) The Army Reserve, 16,261.
            (3) The Navy Reserve, 10,337.
            (4) The Marine Corps Reserve, 2,261.
            (5) The Air National Guard of the United States,

        14,833.
            (6) The Air Force Reserve, 2,662.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    The minimum number of military technicians (dual status) as

of the last day of fiscal year 2012 for the reserve components

of the Army and the Air Force (notwithstanding section 129 of

title 10, United States Code) shall be the following:
            (1) For the Army Reserve, 8,395.
            (2) For the Army National Guard of the United

        States, 27,210.
            (3) For the Air Force Reserve, 10,777.
            (4) For the Air National Guard of the United

        States, 22,509.

SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS

                    TECHNICIANS.

    (a) Limitations.--
            (1) National guard.--Within the limitation provided

        in section 10217(c)(2) of title 10, United States Code,

        the number of non-dual status technicians employed by

        the National Guard as of September 30, 2012, may not

        exceed the following:
                    (A) For the Army National Guard of the

                United States, 1,600.
                    (B) For the Air National Guard of the

                United States, 350.
            (2) Army reserve.--The number of non-dual status

        technicians employed by the Army Reserve as of

        September 30, 2012, may not exceed 595.
            (3) Air force reserve.--The number of non-dual

        status technicians employed by the Air Force Reserve as

        of September 30, 2012, may not exceed 90.
    (b) Non-dual Status Technicians Defined.--In this section,

the term ``non-dual status technician'' has the meaning given

that term in section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON

                    ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2012, the maximum number of members of

the reserve components of the Armed Forces who may be serving

at any time on full-time operational support duty under section

115(b) of title 10, United States Code, is the following:
            (1) The Army National Guard of the United States,

        17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States,

        16,000.
            (6) The Air Force Reserve, 14,000.

              Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--Funds are hereby

authorized to be appropriated for fiscal year 2012 for the use

of the Armed Forces and other activities and agencies of the

Department of Defense for expenses, not otherwise provided for,

for military personnel, as specified in the funding table in

section 4401.
    (b) Construction of Authorization.--The authorization of

appropriations in subsection (a) supersedes any other

authorization of appropriations (definite or indefinite) for

such purpose for fiscal year 2012.

                   TITLE V--MILITARY PERSONNEL POLICY

             Subtitle A--Officer Personnel Policy Generally

Sec. 501. Increase in authorized strengths for Marine Corps officers on

          active duty in grades of major, lieutenant colonel, and

          colonel.
Sec. 502. General officer and flag officer reform.
Sec. 503. National Defense University outplacement waiver.
Sec. 504. Voluntary retirement incentive matters.

                Subtitle B--Reserve Component Management

Sec. 511. Leadership of National Guard Bureau.
Sec. 512. Membership of the Chief of the National Guard Bureau on the

          Joint Chiefs of Staff.
Sec. 513. Modification of time in which preseparation counseling must be

          provided to reserve component members being demobilized.
Sec. 514. Clarification of applicability of authority for deferral of

          mandatory separation of military technicians (dual status)

          until age 60.
Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps

          Reserve, and Air Force Reserve to active duty to provide

          assistance in response to a major disaster or emergency.
Sec. 516. Authority for order to active duty of units of the Selected

          Reserve for preplanned missions in support of the combatant

          commands.
Sec. 517. Modification of eligibility for consideration for promotion

          for reserve officers employed as military technicians (dual

          status).
Sec. 518. Consideration of reserve component officers for appointment to

          certain command positions.
Sec. 519. Report on termination of military technician as a distinct

          personnel management category.

                 Subtitle C--General Service Authorities

Sec. 521. Sense of Congress on the unique nature, demands, and hardships

          of military service.
Sec. 522. Policy addressing dwell time and measurement and data

          collection regarding unit operating tempo and personnel tempo.
Sec. 523. Protected communications by members of the Armed Forces and

          prohibition of retaliatory personnel actions.
Sec. 524. Notification requirement for determination made in response to

          review of proposal for award of Medal of Honor not previously

          submitted in timely fashion.
Sec. 525. Expansion of regular enlisted members covered by early

          discharge authority.
Sec. 526. Extension of voluntary separation pay and benefits authority.
Sec. 527. Prohibition on denial of reenlistment of members for

          unsuitability based on the same medical condition for which

          they were determined to be fit for duty.
Sec. 528. Designation of persons authorized to direct disposition of

          remains of members of the Armed Forces.
Sec. 529. Matters covered by preseparation counseling for members of the

          Armed Forces and their spouses.
Sec. 530. Conversion of high-deployment allowance from mandatory to

          authorized.
Sec. 531. Extension of authority to conduct programs on career

          flexibility to enhance retention of members of the Armed

          Forces.
Sec. 532. Policy on military recruitment and enlistment of graduates of

          secondary schools.
Sec. 533. Department of Defense suicide prevention program.

             Subtitle D--Military Justice and Legal Matters

Sec. 541. Reform of offenses relating to rape, sexual assault, and other

          sexual misconduct under the Uniform Code of Military Justice.
Sec. 542. Authority to compel production of documentary evidence.
Sec. 543. Clarification of application and extent of direct acceptance

          of gifts authority.
Sec. 544. Freedom of conscience of military chaplains with respect to

          the performance of marriages.

      Subtitle E--Member Education and Training Opportunities and

                             Administration

Sec. 551. Employment skills training for members of the Armed Forces on

          active duty who are transitioning to civilian life.
Sec. 552. Enhancement of authorities on joint professional military

          education.
Sec. 553. Temporary authority to waive maximum age limitation on

          admission to the military service academies.
Sec. 554. Enhancement of administration of the United States Air Force

          Institute of Technology.
Sec. 555. Enrollment of certain seriously wounded, ill, or injured

          former or retired enlisted members of the Armed Forces in

          associate degree programs of the Community College of the Air

          Force in order to complete degree program.
Sec. 556. Reserve component mental health student stipend.
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-
          Teachers Program.
Sec. 558. Pilot program on receipt of civilian credentialing for skills

          required for military occupational specialties.
Sec. 559. Report on certain education assistance programs.

                Subtitle F--Armed Forces Retirement Home

Sec. 561. Control and administration by Secretary of Defense.
Sec. 562. Senior Medical Advisor oversight of health care provided to

          residents of Armed Forces Retirement Home.
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council

          and Resident Advisory Committees.
Sec. 564. Administrators, Ombudsmen, and staff of facilities.
Sec. 565. Revision of fee requirements.
Sec. 566. Revision of inspection requirements.
Sec. 567. Repeal of obsolete transitional provisions and technical,

          conforming, and clerical amendments.

Subtitle G--Defense Dependents' Education and Military Family Readiness

                                 Matters

Sec. 571. Impact aid for children with severe disabilities.
Sec. 572. Continuation of authority to assist local educational agencies

          that benefit dependents of members of the Armed Forces and

          Department of Defense civilian employees.
Sec. 573. Three-year extension and enhancement of authorities on

          transition of military dependent students among local

          educational agencies.
Sec. 574. Revision to membership of Department of Defense Military

          Family Readiness Council.
Sec. 575. Reemployment rights following certain National Guard duty.
Sec. 576. Expansion of Operation Hero Miles.
Sec. 577. Report on Department of Defense autism pilot and demonstration

          projects.
Sec. 578. Comptroller General of the United States report on Department

          of Defense military spouse employment programs.

Subtitle H--Improved Sexual Assault Prevention and Response in the Armed

                                 Forces

Sec. 581. Access of sexual assault victims to legal assistance and

          services of Sexual Assault Response Coordinators and Sexual

          Assault Victim Advocates.
Sec. 582. Consideration of application for permanent change of station

          or unit transfer based on humanitarian conditions for victim

          of sexual assault or related offense.
Sec. 583. Director of Sexual Assault Prevention and Response Office.
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim

          Advocates.
Sec. 585. Training and education programs for sexual assault prevention

          and response program.
Sec. 586. Department of Defense policy and procedures on retention and

          access to evidence and records relating to sexual assaults

          involving members of the Armed Forces.

                        Subtitle I--Other Matters

Sec. 588. Department of Defense authority to carry out personnel

          recovery reintegration and post-isolation support activities.
Sec. 589. Military adaptive sports program.
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration

          Program.
Sec. 591. Army National Military Cemeteries.
Sec. 592. Inspection of military cemeteries under jurisdiction of the

          military departments.
Sec. 593. Authorization for award of the distinguished service cross for

          Captain Fredrick L. Spaulding for acts of valor during the

          Vietnam War.
Sec. 594. Authorization and request for award of Medal of Honor to Emil

          Kapaun for acts of valor during the Korean War.
Sec. 595. Review regarding award of Medal of Honor to Jewish American

          World War I veterans.
Sec. 596. Report on process for expedited determination of disability of

          members of the Armed Forces with certain disabling conditions.
Sec. 597. Comptroller General study of military necessity of Selective

          Service System and alternatives.
Sec. 598. Evaluation of issues affecting disposition of remains of

          American sailors killed in the explosion of the ketch U.S.S.

          Intrepid in Tripoli Harbor on September 4, 1804.

             Subtitle A--Officer Personnel Policy Generally

SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON

                    ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL,

                    AND COLONEL.

    The table in subsection (a)(1) of section 523 of title 10,

United States Code, is amended by striking the items relating

to the total number of commissioned officers (excluding

officers in categories specified in subsection (b) of such

section) serving on active duty in the Marine Corps in the

grades of major, lieutenant colonel, and colonel, respectively,

and inserting the following new items:


``10,000             2,802               1,615                       633
12,500               3,247               1,768                       658
15,000               3,691               1,922                       684
17,500               4,135               2,076                       710
20,000               4,579               2,230                       736
22,500               5,024               2,383                       762
25,000               5,468               2,537                    787''.


SEC. 502. GENERAL OFFICER AND FLAG OFFICER REFORM.

    (a) Removal of Certain Positions From Exception to

Distribution Limits.--
            (1) Removal of positions.--Subsection (b) of

        section 525 of title 10, United States Code, is amended

        to read as follows:
    ``(b) The limitations of subsection (a) do not include the

following:
            ``(1) An officer released from a joint duty

        assignment, but only during the 60-day period beginning

        on the date the officer departs the joint duty

        assignment, except that the Secretary of Defense may

        authorize the Secretary of a military department to

        extend the 60-day period by an additional 120 days, but

        no more than three officers from each armed forces may

        be on active duty who are excluded under this

        paragraph.
            ``(2) The number of officers required to serve in

        joint duty assignments as authorized by the Secretary

        of Defense under section 526(b) for each military

        service.''.
            (2) Effective date.--The amendment made by

        paragraph (1) shall take effect on January 1, 2012.
    (b) Limitation on Number of General and Flag Officers on

Active Duty.--
            (1) Limitation; exclusion for joint duty

        requirements.--Section 526 of such title is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking

                        ``230'' and inserting ``231'';
                            (ii) in paragraph (2), by striking

                        ``160'' and inserting ``161'';
                            (iii) in paragraph (3), by striking

                        ``208'' and inserting ``198''; and
                            (iv) in paragraph (4), by striking

                        ``60'' and inserting ``61''; and
                    (B) in subsection (b)(2)(C), by striking

                ``76'' and inserting ``73''.
            (2) Distribution limitation.--Section 525(a) of

        such title is amended--
                    (A) in paragraph (1)(B), by striking ``45''

                and inserting ``46'';
                    (B) in paragraph (2)(B), by striking ``43''

                and inserting ``44'';
                    (C) in paragraph (3)(B), by striking ``32''

                and inserting ``33''; and
                    (D) in paragraph (4)(C), by striking ``22''

                and inserting ``23''.
            (3) Effective date.--The amendments made by this

        subsection shall take effect on October 1, 2013.
    (c) Limited Exclusion for Joint Duty Assignments From

Authorized Strength Limitation.--
            (1) Exclusion.--Subsection (b) of section 526 of

        such title is amended by striking ``324'' and inserting

        ``310''.
            (2) Effective date.--The amendment made by

        paragraph (1) shall take effect on January 1, 2012.
    (d) Elimination of Complete Exclusion for Officers Serving

in Certain Intelligence Positions.--
            (1) Elimination of current broad exclusion.--
        Section 528 of such title is amended by striking

        subsections (b), (c), and (d) and inserting the

        following new subsections:
    ``(b) Director and Deputy Director of CIA.--When the

position of Director or Deputy Director of the Central

Intelligence Agency is held by an officer of the armed forces,

the position, so long as the officer serves in the position,

shall be designated, pursuant to subsection (b) of section 526

of this title, as one of the general officer and flag officer

positions to be excluded from the limitations in subsection (a)

of such section.
    ``(c) Associate Director of Military Affairs, CIA.--When

the position of Associate Director of Military Affairs, Central

Intelligence Agency, or any successor position, is held by an

officer of the armed forces, the position, so long as the

officer serves in the position, shall be designated, pursuant

to subsection (b) of section 526 of this title, as one of the

general officer and flag officer positions to be excluded from

the limitations in subsection (a) of such section.
    ``(d) Officers Serving in Office of DNI.--When a position

in the Office of the Director of National Intelligence

designated by agreement between the Secretary of Defense and

the Director of National Intelligence is held by a general

officer or flag officer of the armed forces, the position, so

long as the officer serves in the position, shall be

designated, pursuant to subsection (b) of section 526 of this

title, as one of the general officer and flag officer positions

to be excluded from the limitations in subsection (a) of such

section. However, not more than five of such positions may be

included among the excluded positions at any time.''.
            (2) Clerical amendments.--
                    (A) Section heading.--The heading of such

                section is amended to read as follows:

``Sec. 528. Officers serving in certain intelligence positions:

                    military status; application of distribution and

                    strength limitations; pay and allowances''.

                    (B) Table of sections.--The table of

                sections at the beginning of chapter 32 of such

                title is amended by striking the item relating

                to section 528 and inserting the following new

                item:

``528. Officers serving in certain intelligence positions: military

          status; application of distribution and strength limitations;

          pay and allowances.''.

SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER.

    (a) Waiver Authority for Officers Not Designated as Joint

Qualified Officers.--Subsection (b) of section 663 of title 10,

United States Code, is amended--
            (1) in paragraph (1), by inserting after ``to a

        joint duty assignment'' the following: ``(or, as

        authorized by the Secretary in an individual case, to a

        joint assignment other than a joint duty assignment)'';

        and
            (2) in paragraph (2)--
                    (A) by striking ``the joint duty

                assignment'' and inserting ``the assignment'';

                and
                    (B) by striking ``a joint duty assignment''

                and inserting ``such an assignment''.
    (b) Exception.--Such section is further amended by adding

at the end the following new subsection:
    ``(d) Exception for Officers Graduating From Other-than-in-
residence Programs.--(1) Subsection (a) does not apply to an

officer graduating from a school within the National Defense

University specified in subsection (c) following pursuit of a

program on an other-than-in-residence basis.
    ``(2) Subsection (b) does not apply with respect to any

group of officers graduating from a school within the National

Defense University specified in subsection (c) following

pursuit of a program on an other-than-in-residence basis.''.

SEC. 504. VOLUNTARY RETIREMENT INCENTIVE MATTERS.

    (a) Additional Voluntary Retirement Incentive Authority.--
            (1) In general.--Chapter 36 of title 10, United

        States Code, is amended by inserting after section 638a

        the following new section:

``Sec. 638b. Voluntary retirement incentive

    ``(a) Incentive for Voluntary Retirement for Certain

Officers.--The Secretary of Defense may authorize the Secretary

of a military department to provide a voluntary retirement

incentive payment in accordance with this section to an officer

of the armed forces under that Secretary's jurisdiction who is

specified in subsection (c) as being eligible for such a

payment.
    ``(b) Limitations.--(1) Any authority provided the

Secretary of a military department under this section shall

expire as specified by the Secretary of Defense, but not later

than December 31, 2018.
    ``(2) The total number of officers who may be provided a

voluntary retirement incentive payment under this section may

not exceed 675 officers.
    ``(c) Eligible Officers.--(1) Except as provided in

paragraph (2), an officer of the armed forces is eligible for a

voluntary retirement incentive payment under this section if

the officer--
            ``(A) has served on active duty for more than 20

        years, but not more than 29 years, on the approved date

        of retirement;
            ``(B) meets the minimum length of commissioned

        service requirement for voluntary retirement as a

        commissioned officer in accordance with section 3911,

        6323, or 8911 of this title, as applicable to that

        officer;
            ``(C) on the approved date of retirement, has 12

        months or more remaining on active-duty service before

        reaching the maximum retirement years of active service

        for the member's grade as specified in section 633 or

        634 of this title;
            ``(D) on the approved date of retirement, has 12

        months or more remaining on active-duty service before

        reaching the maximum retirement age under any other

        provision of law; and
            ``(E) meets any additional requirements for such

        eligibility as is specified by the Secretary concerned,

        including any requirement relating to years of service,

        skill rating, military specialty or competitive

        category, grade, any remaining period of obligated

        service, or any combination thereof.
    ``(2) The following officers are not eligible for a

voluntary retirement incentive payment under this section:
            ``(A) An officer being evaluated for disability

        under chapter 61 of this title.
            ``(B) An officer projected to be retired under

        section 1201 or 1204 of this title.
            ``(C) An officer projected to be discharged with

        disability severance pay under section 1212 of this

        title.
            ``(D) A member transferred to the temporary

        disability retired list under section 1202 or 1205 of

        this title.
            ``(E) An officer subject to pending disciplinary

        action or subject to administrative separation or

        mandatory discharge under any other provision of law or

        regulation.
    ``(d) Amount of Payment.--The amount of the voluntary

retirement incentive payment paid an officer under this section

shall be an amount determined by the Secretary concerned, but

not to exceed an amount equal to 12 times the amount of the

officer's monthly basic pay at the time of the officer's

retirement. The amount may be paid in a lump sum at the time of

retirement.
    ``(e) Repayment for Members Who Return to Active Duty.--(1)

Except as provided in paragraph (2), a member of the armed

forces who, after having received all or part of a voluntary

retirement incentive under this section, returns to active duty

shall have deducted from each payment of basic pay, in such

schedule of monthly installments as the Secretary concerned

shall specify, until the total amount deducted from such basic

pay equals the total amount of voluntary retirement incentive

received.
    ``(2) Members who are involuntarily recalled to active duty

or full-time National Guard duty under any provision of law

shall not be subject to this subsection.
    ``(3) The Secretary of Defense may waive, in whole or in

part, repayment required under paragraph (1) if the Secretary

determines that recovery would be against equity and good

conscience or would be contrary to the best interest of the

United States. The authority in this paragraph may be delegated

only to the Under Secretary of Defense for Personnel and

Readiness and the Principal Deputy Under Secretary of Defense

of Personnel and Readiness.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of subchapter IV of chapter 36 of such

        title is amended by inserting after the item relating

        to section 638a the following new item:

``638b. Voluntary retirement incentive.''.


    (b) Reinstatement of Certain Temporary Early Retirement

Authority.--
            (1) Reinstatement.--Subsection (i) of section 4403

        of the National Defense Authorization Act for Fiscal

        Year 1993 (10 U.S.C. 1293 note) is amended--
                    (A) by inserting ``(1)'' before ``the

                period''; and
                    (B) by inserting before the period at the

                end the following: ``, and (2) the period

                beginning on the date of the enactment of the

                National Defense Authorization Act for Fiscal

                Year 2012 and ending on December 31, 2018''.
            (2) Inapplicability of certain provisions.--Such

        section is further amended by striking subsection (c)

        and inserting the following new subsection (c):
    ``(c) Inapplicability of Certain Provisions.--
            ``(1) Increased retired pay for public or community

        service.--The provisions of section 4464 of this Act

        (10 U.S.C. 1143a note) shall not apply with respect to

        a member or former member retired by reason of

        eligibility under this section during the active force

        drawdown period specified in subsection (i)(2).
            ``(2) Coast guard and noaa.--During the period

        specified in subsection (i)(2), this section does not

        apply as follows:
                    ``(A) To members of the Coast Guard,

                notwithstanding section 542(d) of the National

                Defense Authorization Act for Fiscal Year 1995

                (10 U.S.C. 1293 note).
                    ``(B) To members of the commissioned corps

                of the National Oceanic and Atmospheric

                Administration, notwithstanding section 566(c)

                of the National Defense Authorization Act for

                Fiscal Year 1995 (Public Law 104-106; 10 U.S.C.

                1293 note).''.
            (3) Coordination with other separation

        provisions.--Such section is further amended--
                    (A) in subsection (g), by striking ``,

                1174a, or 1175'' and inserting ``or 1175a'';

                and
                    (B) in subsection (h)--
                            (i) in the subsection heading, by

                        striking ``SSB or VSI'' and inserting

                        ``SSB, VSI, or VSP'';
                            (ii) by inserting before the period

                        at the end of the first sentence the

                        following: ``or who before the date of

                        the enactment of the National Defense

                        Authorization Act for Fiscal Year 2012

                        was separated from active duty pursuant

                        to an agreement entered into under

                        section 1175a of such title''; and
                            (iii) in the second sentence, by

                        striking ``under section 1174a or 1175

                        of title 10, United States Code''.

                Subtitle B--Reserve Component Management

SEC. 511. LEADERSHIP OF NATIONAL GUARD BUREAU.

    (a) Chief of the National Guard Bureau.--
            (1) Grade and exclusion from general and flag

        officer authorized strength.--Subsection (d) of section

        10502 of title 10, United States Code, is amended to

        read as follows:
    ``(d) Grade and Exclusion From General and Flag Officer

Authorized Strength.--(1) The Chief of the National Guard

Bureau shall be appointed to serve in the grade of general.
    ``(2) The Secretary of Defense shall designate, pursuant to

subsection (b) of section 526 of this title, the position of

Chief of the National Guard Bureau as one of the general

officer and flag officer positions to be excluded from the

limitations in subsection (a) of such section.''.
            (2) Succession.--Subsection (e) of such section is

        amended to read as follows:
    ``(e) Succession.--(1) When there is a vacancy in the

office of the Chief of the National Guard Bureau or in the

absence or disability of the Chief, the Vice Chief of the

National Guard Bureau acts as Chief and performs the duties of

the Chief until a successor is appointed or the absence or

disability ceases.
    ``(2) When there is a vacancy in the offices of both the

Chief and the Vice Chief of the National Guard Bureau or in the

absence or disability of both the Chief and the Vice Chief of

the National Guard Bureau, or when there is a vacancy in one

such office and in the absence or disability of the officer

holding the other, the senior officer of the Army National

Guard of the United States or the Air National Guard of the

United States on duty with the National Guard Bureau shall

perform the duties of the Chief until a successor to the Chief

or Vice Chief is appointed or the absence or disability of the

Chief or Vice Chief ceases, as the case may be.''.
            (3) Exclusion for chief of national guard bureau

        from general officer distribution limitations.--Section

        525 of such title is amended--
                    (A) in subsection (b)(1), by striking

                subparagraph (D); and
                    (B) in subsection (g)--
                            (i) by striking paragraph (2); and
                            (ii) by redesignating paragraph (3)

                        as paragraph (2).
    (b) Vice Chief of the National Guard Bureau.--
            (1) Redesignation of director of the joint staff of

        the national guard bureau.--Subsection (a)(1) of

        section 10505 of such title is amended by striking

        ``Director of the Joint Staff of the National Guard

        Bureau, selected by the Secretary of Defense from'' and

        inserting ``Vice Chief of the National Guard Bureau,

        appointed by the President, by and with the advice and

        consent of the Senate. The appointment shall be made

        from''.
            (2) Eligibility requirements.--Subsection (a)(1) of

        such section is further amended--
                    (A) by redesignating subparagraphs (B) and

                (C) as subparagraphs (D) and (E), respectively;
                    (B) in subparagraph (E), as so

                redesignated, by striking ``colonel'' and

                inserting ``brigadier general''; and
                    (C) by inserting after subparagraph (A) the

                following new subparagraphs:
            ``(B) are recommended by the Secretary of the Army,

        in the case of officers of the Army National Guard of

        the United States, or by the Secretary of the Air

        Force, in the case of officers of the Air National

        Guard of the United States, and by the Secretary of

        Defense;
            ``(C) are determined by the Chairman of the Joint

        Chiefs of Staff, in accordance with criteria and as a

        result of a process established by the Chairman, to

        have significant joint duty experience;''.
            (3) Grade and exclusion from general and flag

        officer authorized strength.--Subsection (c) of such

        section is amended to read as follows:
    ``(c) Grade and Exclusion From General and Flag Officer

Authorized Strength.--(1) The Vice Chief of the National Guard

Bureau shall be appointed to serve in the grade of lieutenant

general.
    ``(2) The Secretary of Defense shall designate, pursuant to

subsection (b) of section 526 of this title, the position of

Vice Chief of the National Guard Bureau as one of the general

officer and flag officer positions to be excluded from the

limitations in subsection (a) of such section.''.
    (c) Conforming Amendments Regarding References to

Director.--
            (1) Cross references in section 10505.--Section

        10505 of such title is further amended--
                    (A) in subsection (a)--
                            (i) in paragraphs (2), (3), and

                        (4), by striking ``Director of the

                        Joint Staff'' each place in appears and

                        inserting ``Vice Chief''; and
                            (ii) in paragraph (3)(B), by

                        striking ``as the Director'' and

                        inserting ``as the Vice Chief''; and
                    (B) in subsection (b), by striking

                ``Director of the Joint Staff'' and inserting

                ``Vice Chief''.
            (2) Cross references in section 10506.--Section

        10506(a)(1) of such title is amended by striking

        ``Chief of the National Guard Bureau and the Director

        of the Joint Staff'' and inserting ``Chief and Vice

        Chief''.
            (3) Other references.--Any reference in any law,

        regulation, document, paper, or other record of the

        United States to the Director of the Joint Staff of the

        National Guard Bureau shall be deemed to be a reference

        to the Vice Chief of the National Guard Bureau.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading for section 10505

        of such title is amended to read as follows:

``Sec. 10505. Vice Chief of the National Guard Bureau''.

            (2) Table of sections.--The item relating to such

        section in the table of sections at the beginning of

        chapter 1011 of such title is amended to read as

        follows:

``10505. Vice Chief of the National Guard Bureau.''.


    (e) Treatment of Current Director of the Joint Staff of the

National Guard Bureau.--The officer who is serving as Director

of the Joint Staff of the National Guard Bureau on the date of

the enactment of this Act shall serve, in the grade of major

general, as acting Vice Chief of the National Guard Bureau

until the appointment of a Vice Chief of the National Guard

Bureau in accordance with subsection (a) of section 10505 of

title 10, United States Code, as amended by subsection (b).

Notwithstanding the amendment made by subsection (b)(3), the

acting Vice Chief of the National Guard Bureau shall not be

excluded from the limitations in section 526(a) of such title.

SEC. 512. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD BUREAU ON THE

                    JOINT CHIEFS OF STAFF.

    (a) Membership on Joint Chiefs of Staff.--Section 151(a) of

title 10, United States Code, is amended by adding at the end

the following new paragraph:
            ``(7) The Chief of the National Guard Bureau.''.
    (b) Duties as Member of Joint Chiefs of Staff.--Section

10502 of such title is amended--
            (1) by redesignating subsections (d) and (e), as

        amended by section 511(a), as subsections (e) and (f),

        respectively; and
            (2) by inserting after subsection (c) the following

        new subsection (d):
    ``(d) Member of Joint Chiefs of Staff.--As a member of the

Joint Chiefs of Staff, the Chief of the National Guard Bureau

has the specific responsibility of addressing matters involving

non-Federalized National Guard forces in support of homeland

defense and civil support missions.''.

SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST

                    BE PROVIDED TO RESERVE COMPONENT MEMBERS BEING

                    DEMOBILIZED.

    Section 1142(a)(3)(B) of title 10, United States Code, is

amended by inserting ``or in the event a member of a reserve

component is being demobilized under circumstances in which (as

determined by the Secretary concerned) operational requirements

make the 90-day requirement under subparagraph (A)

unfeasible,'' after ``or separation date,''.

SEC. 514. CLARIFICATION OF APPLICABILITY OF AUTHORITY FOR DEFERRAL OF

                    MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL

                    STATUS) UNTIL AGE 60.

    (a) Discretionary Deferral of Mandatory Separation.--
Section 10216(f) of title 10, United States Code, is amended--
            (1) in the subsection heading, by inserting

        ``Authority for'' before ``Deferral of Mandatory

        Separation'';
            (2) by striking ``shall implement'' and inserting

        ``may each implement'';
            (3) by inserting ``, at the discretion of the

        Secretary concerned,'' after ``so as to allow''; and
            (4) by striking ``for officers''.
    (b) Conforming Amendment.--Section 10218(a)(3)(A)(i) of

such title is amended by striking ``if qualified be appointed''

and inserting ``if qualified may be appointed''.

SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, MARINE CORPS

                    RESERVE, AND AIR FORCE RESERVE TO ACTIVE DUTY TO

                    PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR DISASTER

                    OR EMERGENCY.

    (a) Authority.--
            (1) In general.--Chapter 1209 of title 10, United

        States Code, is amended by inserting after section

        12304 the following new section:

``Sec. 12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, and

                    Air Force Reserve: order to active duty to provide

                    assistance in response to a major disaster or

                    emergency

    ``(a) Authority.--When a Governor requests Federal

assistance in responding to a major disaster or emergency (as

those terms are defined in section 102 of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (42

U.S.C. 5122)), the Secretary of Defense may, without the

consent of the member affected, order any unit, and any member

not assigned to a unit organized to serve as a unit, of the

Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force

Reserve to active duty for a continuous period of not more than

120 days to respond to the Governor's request.
    ``(b) Exclusion From Strength Limitations.--Members ordered

to active duty under this section shall not be counted in

computing authorized strength of members on active duty or

members in grade under this title or any other law.
    ``(c) Termination of Duty.--Whenever any unit or member of

the reserve components is ordered to active duty under this

section, the service of all units or members so ordered to

active duty may be terminated by order of the Secretary of

Defense or law.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 1209 of such title is amended

        by inserting after the item relating to section 12304

        the following new item:

``12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force

          Reserve: order to active duty to provide assistance in

          response to a major disaster or emergency.''.


    (b) Treatment of Operations as Contingency Operations.--
Section 101(a)(13)(B) of such title is amended by inserting

``12304a,'' after ``12304,''.
    (c) Usual and Customary Arrangement.--
            (1) Dual-status commander.--When the Armed Forces

        and the National Guard are employed simultaneously in

        support of civil authorities in the United States,

        appointment of a commissioned officer as a dual-status

        commander serving on active duty and duty in, or with,

        the National Guard of a State under sections 315 or 325

        of title 32, United States Code, as commander of

        Federal forces by Federal authorities and as commander

        of State National Guard forces by State authorities,

        should be the usual and customary command and control

        arrangement, including for missions involving a major

        disaster or emergency as those terms are defined in

        section 102 of the Robert T. Stafford Disaster Relief

        and Emergency Assistance Act (42 U.S.C. 5122). The

        chain of command for the Armed Forces shall remain in

        accordance with sections 162(b) and 164(c) of title 10,

        United States Code.
            (2) State authorities supported.--When a major

        disaster or emergency occurs in any area subject to the

        laws of any State, Territory, or the District of

        Columbia, the Governor of the State affected normally

        should be the principal civil authority supported by

        the primary Federal agency and its supporting Federal

        entities, and the Adjutant General of the State or his

        or her subordinate designee normally should be the

        principal military authority supported by the dual-
        status commander when acting in his or her State

        capacity.
            (3) Rule of construction.--Nothing in paragraphs

        (1) or (2) shall be construed to preclude or limit, in

        any way, the authorities of the President, the

        Secretary of Defense, or the Governor of any State to

        direct, control, and prescribe command and control

        arrangements for forces under their command.

SEC. 516. AUTHORITY FOR ORDER TO ACTIVE DUTY OF UNITS OF THE SELECTED

                    RESERVE FOR PREPLANNED MISSIONS IN SUPPORT OF THE

                    COMBATANT COMMANDS.

    (a) Authority.--
            (1) In general.--Chapter 1209 of title 10, United

        States Code, as amended by section 515, is further

        amended by inserting after section 12304a the following

        new section:

``Sec. 12304b. Selected Reserve: order to active duty for preplanned

                    missions in support of the combatant commands

    ``(a) Authority.--When the Secretary of a military

department determines that it is necessary to augment the

active forces for a preplanned mission in support of a

combatant command, the Secretary may, subject to subsection

(b), order any unit of the Selected Reserve (as defined in

section 10143(a) of this title), without the consent of the

members, to active duty for not more than 365 consecutive days.
    ``(b) Limitations.--(1) Units may be ordered to active duty

under this section only if--
            ``(A) the manpower and associated costs of such

        active duty are specifically included and identified in

        the defense budget materials for the fiscal year or

        years in which such units are anticipated to be ordered

        to active duty; and
            ``(B) the budget information on such costs includes

        a description of the mission for which such units are

        anticipated to be ordered to active duty and the

        anticipated length of time of the order of such units

        to active duty on an involuntary basis.
    ``(2) Not more than 60,000 members of the reserve

components of the armed forces may be on active duty under this

section at any one time.
    ``(c) Exclusion From Strength Limitations.--Members ordered

to active duty under this section shall not be counted in

computing authorized strength in members on active duty or

total number of members in grade under this title or any other

law.
    ``(d) Notice to Congress.--Whenever the Secretary of a

military department orders any unit of the Selected Reserve to

active duty under subsection (a), such Secretary shall submit

to Congress a report, in writing, setting forth the

circumstances necessitating the action taken under this section

and describing the anticipated use of such unit.
    ``(e) Termination of Duty.--Whenever any unit of the

Selected Reserve is ordered to active duty under subsection

(a), the service of all units so ordered to active duty may be

terminated--
            ``(1) by order of the Secretary of the military

        department concerned; or
            ``(2) by law.
    ``(f) Relationship to War Powers Resolution.--Nothing

contained in this section shall be construed as amending or

limiting the application of the provisions of the War Powers

Resolution (50 U.S.C. 1541 et seq.).
    ``(g) Considerations for Involuntary Order to Active

Duty.--In determining which units of the Selected Reserve will

be ordered to duty without their consent under this section,

appropriate consideration shall be given to--
            ``(1) the length and nature of previous service, to

        assure such sharing of exposure to hazards as national

        security and military requirements will reasonably

        allow;
            ``(2) the frequency of assignments during service

        career;
            ``(3) family responsibilities; and
            ``(4) employment necessary to maintain the national

        health, safety, or interest.
    ``(h) Policies and Procedures.--The Secretaries of the

military departments shall prescribe policies and procedures to

carry out this section, including on determinations with

respect to orders to active duty under subsection (g). Such

policies and procedures shall not go into effect until approved

by the Secretary of Defense.
    ``(i) Defense Budget Materials Defined.--In this section,

the term `defense budget materials' has the meaning given that

term in section 231(g)(2) of this title.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 1209 of such title, as so

        amended, is further amended by inserting after the item

        relating to section 12304a the following new item:

``12304b. Selected Reserve: order to active duty for preplanned missions

          in support of the combatant commands.''.


    (b) Clarifying Amendments Relating to Authority To Order to

Active Duty Other Than During War or National Emergency.--
Section 12304(a) of such title is amended--
            (1) by inserting ``named'' before ``operational

        mission''; and
            (2) by striking ``365 days'' and inserting ``365

        consecutive days''.

SEC. 517. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION

                    FOR RESERVE OFFICERS EMPLOYED AS MILITARY

                    TECHNICIANS (DUAL STATUS).

    Section 14301 of title 10, United States Code, is amended

by adding at the end the following new subsection:
    ``(i) Reserve Officers Employed as Military Technician

(dual Status).--A reserve officer of the Army or Air Force

employed as a military technician (dual status) under section

10216 of this title who has been retained beyond the mandatory

removal date for years of service pursuant to subsection (f) of

such section or section 14702(a)(2) of this title is not

eligible for consideration for promotion by a mandatory

promotion board convened under section 14101(a) of this

title.''.

SEC. 518. CONSIDERATION OF RESERVE COMPONENT OFFICERS FOR APPOINTMENT

                    TO CERTAIN COMMAND POSITIONS.

    Whenever officers of the Armed Forces are considered for

appointment to the position of Commander, Army North Command or

Commander, Air Force North Command, fully qualified officers of

the National Guard and the Reserves shall be considered for

appointment to such position.

SEC. 519. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A DISTINCT

                    PERSONNEL MANAGEMENT CATEGORY.

    (a) Independent Study Required.--The Secretary of Defense

shall conduct an independent study of the feasibility and

advisability of terminating the military technician as a

distinct personnel management category of the Department of

Defense.
    (b) Elements.--In conducting the study required by

subsection (a), the Secretary shall--
            (1) identify various options for deploying units of

        the Selected Reserve of the Ready Reserve that

        otherwise use military technicians through use of a

        combination of active duty personnel, reserve component

        personnel, State civilian employees, and Federal

        civilian employees in a manner that meets mission

        requirements without harming unit readiness;
            (2) identify various means for the management by

        the Department of the transition of military

        technicians to a system that relies on traditional

        personnel categories of active duty personnel, reserve

        component personnel, and civilian personnel, and for

        the management of any effects of that transition on the

        pay and benefits of current military technicians

        (including means for mitigating or avoiding such

        effects in the course of such transition);
            (3) determine whether military technicians who are

        employed at the commencement of the transition

        described in paragraph (2) should remain as

        technicians, whether with or without a military status,

        until separation or retirement, rather than

        transitioned to such a traditional personnel category;
            (4) identify and take into account the unique needs

        of the National Guard in the management and use of

        military technicians;
            (5) determine potential cost savings, if any, to be

        achieved as a result of the transition described in

        paragraph (2), including savings in long-term mandatory

        entitlement costs associated with military and civil

        service retirement obligations;
            (6) develop a recommendation on the feasibility and

        advisability of terminating the military technician as

        a distinct personnel management category, and, if the

        termination is determined to be feasible and advisable,

        develop recommendations for appropriate legislative and

        administrative action to implement the termination;
            (7) address any other matter relating to the

        management and long-term viability of the military

        technician as a distinct personnel management category

        that the Secretary shall specify for purposes of the

        study; and
            (8) ensure the involvement and input of military

        technicians (dual status).
    (c) Report.--Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the

congressional defense committees a report on the study required

by subsection (a). The report shall set forth the results of

the study, including the matters specified in subsection (b),

and include such comments and recommendations on the results of

the study as the Secretary considers appropriate.

                Subtitle C--General Service Authorities

SEC. 521. SENSE OF CONGRESS ON THE UNIQUE NATURE, DEMANDS, AND

                    HARDSHIPS OF MILITARY SERVICE.

    It is the sense of Congress that--
            (1) section 8 (clauses 12, 13, and 14) of Article I

        of the Constitution of the United States commits

        exclusively to Congress the powers to raise and support

        armies, provide and maintain a Navy, and make rules for

        the government and regulation of the land and naval

        forces;
            (2) there is no constitutional right to serve in

        the Armed Forces;
            (3) pursuant to the powers conferred by section 8

        of article I of the Constitution of the United States,

        it lies within the discretion of the Congress to

        establish qualifications for and conditions of service

        in the Armed Forces;
            (4) the primary purpose of the Armed Forces is to

        prepare for and to prevail in combat should the need

        arise;
            (5) the conduct of military operations requires

        members of the Armed Forces to make extraordinary

        sacrifices, including the ultimate sacrifice, in order

        to provide for the common defense;
            (6) success in combat requires military units that

        are characterized by high morale, good order and

        discipline, and unit cohesion;
            (7) one of the most critical elements in combat

        capability is unit cohesion, that is, the bonds of

        trust among individual members of the Armed Forces that

        make the combat effectiveness of a military unit

        greater than the sum of the combat effectiveness of

        individual unit members;
            (8) military life is fundamentally different from

        civilian life in that--
                    (A) the extraordinary responsibilities of

                the Armed Forces, the unique conditions of

                military service, and the critical role of unit

                cohesion require that the military community,

                while subject to civilian control, exist as a

                specialized society; and
                    (B) the military society is characterized

                by its own laws, rules, customs, and

                traditions, including numerous restrictions on

                personal behavior, that would not be acceptable

                in civilian society;
            (9) the standards of conduct for members of the

        Armed Forces regulate a member's life for 24 hours each

        day beginning at the moment the member enters military

        status and not ending until that person is discharged

        or otherwise separated from the Armed Forces;
            (10) those standards of conduct, including the

        Uniform Code of Military Justice, apply to a member of

        the Armed Forces at all times that the member has a

        military status, whether the member is on base or off

        base, and whether the member is on duty or off duty;
            (11) the pervasive application of the standards of

        conduct is necessary because members of the Armed

        Forces must be ready at all times for worldwide

        deployment to a combat environment;
            (12) the worldwide deployment of United States

        military forces, the international responsibilities of

        the United States, and the potential for involvement of

        the Armed Forces in actual combat routinely make it

        necessary for members of the Armed Forces involuntarily

        to accept living conditions and working conditions that

        are often spartan, primitive, and characterized by

        forced intimacy with little or no privacy; and
            (13) the Armed Forces must maintain personnel

        policies that are intended to recruit and retain only

        those persons whose presence in the Armed Forces serves

        the needs of the Armed Forces, contributes to the

        accomplishment of the missions of the Armed Forces, and

        maintains the high standards of the Armed Forces for

        morale, good order and discipline, and unit cohesion

        that are the essence of military capability.

SEC. 522. POLICY ADDRESSING DWELL TIME AND MEASUREMENT AND DATA

                    COLLECTION REGARDING UNIT OPERATING TEMPO AND

                    PERSONNEL TEMPO.

    (a) Policy Addressing Dwell Time.--Subsection (a) of

section 991 of title 10, United States Code, is amended by

adding at the end the following new paragraph:
    ``(4) The Secretary of Defense shall prescribe a policy

that addresses the amount of dwell time a member of the armed

forces or unit remains at the member's or unit's permanent duty

station or home port, as the case may be, between

deployments.''.
    (b) Unit Operating Tempo and Personnel Tempo

Recordkeeping.--Subsection (c) of such section is amended to

read as follows:
    ``(c) Recordkeeping.--(1) The Secretary of Defense shall--
            ``(A) establish a system for tracking and recording

        the number of days that each member of the armed forces

        is deployed;
            ``(B) prescribe policies and procedures for

        measuring operating tempo and personnel tempo; and
            ``(C) maintain a central data collection repository

        to provide information for research, actuarial

        analysis, interagency reporting, and evaluation of

        Department of Defense programs and policies.
    ``(2) The data collection repository shall be able to

identify--
            ``(A) the active and reserve component units of the

        armed forces that are participating at the battalion,

        squadron, or an equivalent level (or a higher level) in

        contingency operations, major training events, and

        other exercises and contingencies of such a scale that

        the exercises and contingencies receive an official

        designation; and
            ``(B) the duration of their participation.
    ``(3) For each of the armed forces, the data collection

repository shall be able to indicate, for a fiscal year--
            ``(A) the number of members who received the high-
        deployment allowance under section 436 of title 37 (or

        who would have been eligible to receive the allowance

        if the duty assignment was not excluded by the

        Secretary of Defense);
            ``(B) the number of members who received each rate

        of allowance paid (estimated in the case of members

        described in the parenthetical phrase in subparagraph

        (A));
            ``(C) the number of months each member received the

        allowance (or would have received it in the case of

        members described in the parenthetical phrase in

        subparagraph (A)); and
            ``(D) the total amount expended on the allowance.
    ``(4) For each of the armed forces, the data collection

repository shall be able to indicate, for a fiscal year, the

number of days that high demand, low density units (as defined

by the Chairman of the Joint Chiefs of Staff) were deployed,

and whether these units met the force goals for limiting

deployments, as described in the personnel tempo policies

applicable to that armed force.''.
    (c) Definitions.--Such section is further amended by adding

at the end the following new subsection:
    ``(f) Other Definitions.--In this section:
            ``(1)(A) Subject to subparagraph (B), the term

        `dwell time' means the time a member of the armed

        forces or a unit spends at the permanent duty station

        or home port after returning from a deployment.
            ``(B) The Secretary of Defense may modify the

        definition of dwell time specified in subparagraph (A).

        If the Secretary establishes a different definition of

        such term, the Secretary shall transmit the new

        definition to Congress.
            ``(2) The term `operating tempo' means the rate at

        which units of the armed forces are involved in all

        military activities, including contingency operations,

        exercises, and training deployments.
            ``(3) The term `personnel tempo' means the amount

        of time members of the armed forces are engaged in

        their official duties at a location or under

        circumstances that make it infeasible for a member to

        spend off-duty time in the housing in which the member

        resides.''.
    (d) Clerical Amendments.--
            (1) Section heading.--The heading of section 991 of

        such title is amended to read as follows:

``Sec. 991. Management of deployments of members and measurement and

                    data collection of unit operating and personnel

                    tempo''.

            (2) Table of sections.--The table of sections at

        the beginning of chapter 50 of such title is amended by

        striking the item relating to section 991 and inserting

        the following new item:

``991. Management of deployments of members and measurement and data

          collection of unit operating and personnel tempo.''.

SEC. 523. PROTECTED COMMUNICATIONS BY MEMBERS OF THE ARMED FORCES AND

                    PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.

    Section 1034(c)(2) of title 10, United States Code, is

amended by adding at the end the following new subparagraph:
                    ``(C) A threat by another member of the

                armed forces or employee of the Federal

                Government that indicates a determination or

                intent to kill or cause serious bodily injury

                to members of the armed forces or civilians or

                damage to military, Federal, or civilian

                property.''.

SEC. 524. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN RESPONSE

                    TO REVIEW OF PROPOSAL FOR AWARD OF MEDAL OF HONOR

                    NOT PREVIOUSLY SUBMITTED IN TIMELY FASHION.

    Section 1130(b) of title 10, United States Code, is amended

by adding at the end the following new sentence: ``If the

determination includes a favorable recommendation for the award

of the Medal of Honor, the Secretary of Defense, instead of the

Secretary concerned, shall make the submission under this

subsection.''.

SEC. 525. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY

                    DISCHARGE AUTHORITY.

    Section 1171 of title 10, United States Code, is amended by

striking ``within three months'' and inserting ``within one

year''.

SEC. 526. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS AUTHORITY.

    Section 1175a(k)(1) of title 10, United States Code, is

amended by striking ``December 31, 2012'' and inserting

``December 31, 2018''.

SEC. 527. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS FOR

                    UNSUITABILITY BASED ON THE SAME MEDICAL CONDITION

                    FOR WHICH THEY WERE DETERMINED TO BE FIT FOR DUTY.

    (a) Prohibition.--Subsection (a) of section 1214a of title

10, United States Code, is amended by inserting ``, or deny

reenlistment of the member,'' after ``a member described in

subsection (b)''.
    (b) Conforming Amendment.--Subsection (c)(3) of such

section is amended by inserting ``or denial of reenlistment''

after ``to warrant administrative separation''.
    (c) Clerical Amendments.--
            (1) Heading amendment.--The heading of such section

        is amended to read as follows:

``Sec. 1214a. Members determined fit for duty in Physical Evaluation

                    Board: prohibition on involuntary administrative

                    separation or denial of reenlistment due to

                    unsuitability based on medical conditions

                    considered in evaluation''.

            (2) Table of sections.--The table of sections at

        the beginning of chapter 61 of such title is amended by

        striking the item relating to section 1214a and

        inserting the following new item:

``1214a. Members determined fit for duty in Physical Evaluation Board:

          prohibition on involuntary administrative separation or denial

          of reenlistment due to unsuitability based on medical

          conditions considered in evaluation.''.


SEC. 528. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DISPOSITION OF

                    REMAINS OF MEMBERS OF THE ARMED FORCES.

    Section 1482(c) of title 10, United States Code, is

amended--
            (1) by striking ``Only the'' in the matter

        preceding paragraph (1) and inserting ``The'';
            (2) by redesignating paragraphs (1) through (4) as

        paragraphs (2) through (5), respectively;
            (3) in paragraph (5), as so redesignated, by

        striking ``clauses (1)-(3)'' and inserting ``paragraphs

        (1) through (4)''; and
            (4) by inserting before paragraph (2), as so

        redesignated, the following new paragraph:
            ``(1) The person identified by the decedent on the

        record of emergency data maintained by the Secretary

        concerned (DD Form 93 or any successor to that form),

        as the Person Authorized to Direct Disposition (PADD),

        regardless of the relationship of the designee to the

        decedent.''.

SEC. 529. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS OF

                    THE ARMED FORCES AND THEIR SPOUSES.

    Section 1142(b) of title 10, United States Code, is

amended--
            (1) in paragraph (5), by striking ``job placement

        counseling for the spouse'' and inserting ``inclusion

        of the spouse, at the discretion of the member and the

        spouse, when counseling regarding the matters covered

        by paragraphs (9), (10), and (16) is provided, job

        placement counseling for the spouse, and the provision

        of information on survivor benefits available under the

        laws administered by the Secretary of Defense or the

        Secretary of Veterans Affairs'';
            (2) in paragraph (9), by inserting before the

        period the following: ``, including information on

        budgeting, saving, credit, loans, and taxes'';
            (3) in paragraph (10), by striking ``and

        employment'' and inserting ``, employment, and

        financial'';
            (4) by striking paragraph (16) and inserting the

        following new paragraph:
            ``(16) Information on home loan services and

        housing assistance benefits available under the laws

        administered by the Secretary of Veterans Affairs and

        counseling on responsible borrowing practices.''; and
            (5) in paragraph (17), by inserting before the

        period the following: ``, and information regarding the

        means by which the member can receive additional

        counseling regarding the member's actual entitlement to

        such benefits and apply for such benefits''.

SEC. 530. CONVERSION OF HIGH-DEPLOYMENT ALLOWANCE FROM MANDATORY TO

                    AUTHORIZED.

    (a) Conversion.--Section 436(a) of title 37, United States

Code, is amended by striking ``shall pay'' and inserting ``may

pay''.
    (b) Effective Date.--The amendment made by subsection (a)

shall take effect on the first day of the first month beginning

on or after the date of the enactment of this Act.

SEC. 531. EXTENSION OF AUTHORITY TO CONDUCT PROGRAMS ON CAREER

                    FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE

                    ARMED FORCES.

    (a) Duration of Program Authority.--Subsection (l) of

section 533 of the Duncan Hunter National Defense Authorization

Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 701

note) is amended to read as follows:
    ``(l) Duration of Program Authority.--No member of the

Armed Forces may be released from active duty under a pilot

program conducted under this section after December 31,

2015.''.
    (b) Continuation of Annual Limitation on Selection of

Participants.--Subsection (c) of such section is amended by

striking ``each of calendar years 2009 through 2012'' and

inserting ``a calendar year''.
    (c) Additional Reports Required.--Subsection (k) of such

section is amended--
            (1) in paragraph (1), by striking ``June 1, 2011,

        and June 1, 2013'' and inserting ``June 1 of 2011,

        2013, 2015, and 2017''; and
            (2) in paragraph (2), by striking ``March 1, 2016''

        and inserting ``March 1, 2019''.

SEC. 532. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF

                    SECONDARY SCHOOLS.

    (a) Equal Treatment for Secondary School Graduates.--
            (1) Equal treatment.--For the purposes of

        recruitment and enlistment in the Armed Forces, the

        Secretary of a military department shall treat a

        graduate described in paragraph (2) in the same manner

        as a graduate of a secondary school (as defined in

        section 9101(38) of the Elementary and Secondary

        Education Act of 1965 (20 U.S.C. 7801(38)).
            (2) Covered graduates.--Paragraph (1) applies with

        respect to person who--
                    (A) receives a diploma from a secondary

                school that is legally operating; or
                    (B) otherwise completes a program of

                secondary education in compliance with the

                education laws of the State in which the person

                resides.
    (b) Policy on Recruitment and Enlistment.--Not later than

180 days after the date of the enactment of this Act, the

Secretary of Defense shall prescribe a policy on recruitment

and enlistment that incorporates the following:
            (1) Means for identifying persons described in

        subsection (a)(2) who are qualified for recruitment and

        enlistment in the Armed Forces, which may include the

        use of a non-cognitive aptitude test, adaptive

        personality assessment, or other operational attrition

        screening tool to predict performance, behaviors, and

        attitudes of potential recruits that influence

        attrition and the ability to adapt to a regimented life

        in the Armed Forces.
            (2) Means for assessing how qualified persons

        fulfill their enlistment obligation.
            (3) Means for maintaining data, by each diploma

        source, which can be used to analyze attrition rates

        among qualified persons.
    (c) Recruitment Plan.--As part of the policy required by

subsection (b), the Secretary of each of the military

departments shall develop a recruitment plan that includes a

marketing strategy for targeting various segments of potential

recruits with all types of secondary education credentials.
    (d) Communication Plan.--The Secretary of each of the

military departments shall develop a communication plan to

ensure that the policy and recruitment plan are understood by

military recruiters.

SEC. 533. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM.

    (a) Program Enhancement.--The Secretary of Defense shall

take appropriate actions to enhance the suicide prevention

program of the Department of Defense through the provision of

suicide prevention information and resources to members of the

Armed Forces from their initial enlistment or appointment

through their final retirement or separation.
    (b) Cooperative Effort.--The Secretary of Defense shall

develop suicide prevention information and resources in

consultation with--
            (1) the Secretary of Veterans Affairs, the National

        Institute of Mental Health, and the Substance Abuse and

        Mental Health Services Administration of the Department

        of Health and Human Services; and
            (2) to the extent appropriate, institutions of

        higher education and other public and private entities,

        including international entities, with expertise

        regarding suicide prevention.
    (c) Preseparation Counseling Regarding Suicide Prevention

Resources.--Section 1142(b)(8) of title 10, United States Code,

is amended by inserting before the period the following: ``and

the availability to the member and dependents of suicide

prevention resources following separation from the armed

forces''.

             Subtitle D--Military Justice and Legal Matters

SEC. 541. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL ASSAULT, AND

                    OTHER SEXUAL MISCONDUCT UNDER THE UNIFORM CODE OF

                    MILITARY JUSTICE.

    (a) Rape and Sexual Assault Generally.--Section 920 of

title 10, United States Code (article 120 of the Uniform Code

of Military Justice), is amended as follows:
            (1) Revised offense of rape.--Subsection (a) is

        amended to read as follows:
    ``(a) Rape.--Any person subject to this chapter who commits

a sexual act upon another person by--
            ``(1) using unlawful force against that other

        person;
            ``(2) using force causing or likely to cause death

        or grievous bodily harm to any person;
            ``(3) threatening or placing that other person in

        fear that any person will be subjected to death,

        grievous bodily harm, or kidnapping;
            ``(4) first rendering that other person

        unconscious; or
            ``(5) administering to that other person by force

        or threat of force, or without the knowledge or consent

        of that person, a drug, intoxicant, or other similar

        substance and thereby substantially impairing the

        ability of that other person to appraise or control

        conduct;
is guilty of rape and shall be punished as a court-martial may

direct.''.
            (2) Repeal of provisions relating to offenses

        replaced by new article 120b.--Subsections (b), (d),

        (f), (g), (i), (j), and (o) are repealed.
            (3) Revised offense of sexual assault.--Subsection

        (c) is redesignated as subsection (b) and is amended to

        read as follows:
    ``(b) Sexual Assault.--Any person subject to this chapter

who--
            ``(1) commits a sexual act upon another person by--
                    ``(A) threatening or placing that other

                person in fear;
                    ``(B) causing bodily harm to that other

                person;
                    ``(C) making a fraudulent representation

                that the sexual act serves a professional

                purpose; or
                    ``(D) inducing a belief by any artifice,

                pretense, or concealment that the person is

                another person;
            ``(2) commits a sexual act upon another person when

        the person knows or reasonably should know that the

        other person is asleep, unconscious, or otherwise

        unaware that the sexual act is occurring; or
            ``(3) commits a sexual act upon another person when

        the other person is incapable of consenting to the

        sexual act due to--
                    ``(A) impairment by any drug, intoxicant,

                or other similar substance, and that condition

                is known or reasonably should be known by the

                person; or
                    ``(B) a mental disease or defect, or

                physical disability, and that condition is

                known or reasonably should be known by the

                person;
is guilty of sexual assault and shall be punished as a court-
martial may direct.''.
            (4) Aggravated sexual contact.--Subsection (e) is

        redesignated as subsection (c) and is amended--
                    (A) by striking ``engages in'' and

                inserting ``commits''; and
                    (B) by striking ``with'' and inserting

                ``upon''.
            (5) Abusive sexual contact.--Subsection (h) is

        redesignated as subsection (d) and is amended--
                    (A) by striking ``engages in'' and

                inserting ``commits'';
                    (B) by striking ``with'' and inserting

                ``upon''; and
                    (C) by striking ``subsection (c)

                (aggravated sexual assault)'' and inserting

                ``subsection (b) (sexual assault)''.
            (6) Repeal of provisions relating to offenses

        replaced by new article 120c.--Subsections (k), (l),

        (m), and (n) are repealed.
            (7) Proof of threat.--Subsection (p) is

        redesignated as subsection (e) and is amended--
                    (A) by striking ``the accused made'' and

                inserting ``a person made'';
                    (B) by striking ``the accused actually''

                and inserting ``the person actually''; and
                    (C) by inserting before the period at the

                end the following: ``or had the ability to

                carry out the threat''.
            (8) Defenses.--Subsection (q) is redesignated as

        subsection (f) and is amended to read as follows:
    ``(f) Defenses.--An accused may raise any applicable

defenses available under this chapter or the Rules for Court-
Martial. Marriage is not a defense for any conduct in issue in

any prosecution under this section.''.
            (9) Provisions relating to affirmative defenses.--
        Subsections (r) and (s) are repealed.
            (10) Definitions.--Subsection (t) is redesignated

        as subsection (g) and is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by

                        inserting ``or anus or mouth'' after

                        ``vulva''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``genital

                                opening'' and inserting ``vulva

                                or anus or mouth,''; and
                                    (II) by striking ``a hand

                                or finger'' and inserting ``any

                                part of the body'';
                    (B) by striking paragraph (2) and inserting

                the following:
            ``(2) Sexual contact.--The term `sexual contact'

        means--
                    ``(A) touching, or causing another person

                to touch, either directly or through the

                clothing, the genitalia, anus, groin, breast,

                inner thigh, or buttocks of any person, with an

                intent to abuse, humiliate, or degrade any

                person; or
                    ``(B) any touching, or causing another

                person to touch, either directly or through the

                clothing, any body part of any person, if done

                with an intent to arouse or gratify the sexual

                desire of any person.
        Touching may be accomplished by any part of the

        body.''.
                    (C) by striking paragraph (4) and

                redesignating paragraph (3) as paragraph (4);
                    (D) by redesignating paragraph (8) as

                paragraph (3), transferring that paragraph so

                as to appear after paragraph (2), and amending

                that paragraph by inserting before the period

                at the end the following: ``, including any

                nonconsensual sexual act or nonconsensual

                sexual contact'';
                    (E) in paragraph (4), as redesignated by

                subparagraph (C), by striking the last

                sentence;
                    (F) by striking paragraphs (5) and (7);
                    (G) by redesignating paragraph (6) as

                paragraph (7);
                    (H) by inserting after paragraph (4), as

                redesignated by subparagraph (C), the following

                new paragraphs (5) and (6):
            ``(5) Force.--The term `force' means--
                    ``(A) the use of a weapon;
                    ``(B) the use of such physical strength or

                violence as is sufficient to overcome,

                restrain, or injure a person; or
                    ``(C) inflicting physical harm sufficient

                to coerce or compel submission by the victim.
            ``(6) Unlawful force.--The term `unlawful force'

        means an act of force done without legal justification

        or excuse.'';
                    (I) in paragraph (7), as redesignated by

                subparagraph (G)--
                            (i) by striking ``under paragraph

                        (3)'' and all that follows through

                        ``contact),''; and
                            (ii) by striking ``death, grievous

                        bodily harm, or kidnapping'' and

                        inserting ``the wrongful action

                        contemplated by the communication or

                        action.'';
                    (J) by striking paragraphs (9) through

                (13);
                    (K) by redesignating paragraph (14) as

                paragraph (8) and in that paragraph--
                            (i) by inserting ``(A)'' before

                        ``The term'';
                            (ii) by striking ``words or overt

                        acts indicating'' and ``sexual'' in the

                        first sentence;
                            (iii) by striking ``accused's'' in

                        the third sentence;
                            (iv) by inserting ``or social or

                        sexual'' before ``relationship'' in the

                        fourth sentence;
                            (v) by striking ``sexual'' before

                        ``conduct'' in the fourth sentence;
                            (vi) by striking ``A person cannot

                        consent'' and all that follows through

                        the period; and
                            (vii) by adding at the end the

                        following new subparagraphs:
                    ``(B) A sleeping, unconscious, or

                incompetent person cannot consent. A person

                cannot consent to force causing or likely to

                cause death or grievous bodily harm or to being

                rendered unconscious. A person cannot consent

                while under threat or in fear or under the

                circumstances described in subparagraph (C) or

                (D) of subsection (b)(1).
                    ``(C) Lack of consent may be inferred based

                on the circumstances of the offense. All the

                surrounding circumstances are to be considered

                in determining whether a person gave consent,

                or whether a person did not resist or ceased to

                resist only because of another person's

                actions.''; and
                    (L) by striking paragraphs (15) and (16).
            (11) Section heading.--The heading of such section

        (article) is amended to read as follows:

``Sec. 920. Art. 120. Rape and sexual assault generally''.

    (b) Rape and Sexual Assault of a Child.--Chapter 47 of such

title (the Uniform Code of Military Justice) is amended by

inserting after section 920a (article 120a), as amended by

subsection (a), the following new section (article):

``Sec. 920b. Art. 120b. Rape and sexual assault of a child

    ``(a) Rape of a Child.--Any person subject to this chapter

who--
            ``(1) commits a sexual act upon a child who has not

        attained the age of 12 years; or
            ``(2) commits a sexual act upon a child who has

        attained the age of 12 years by--
                    ``(A) using force against any person;
                    ``(B) threatening or placing that child in

                fear;
                    ``(C) rendering that child unconscious; or
                    ``(D) administering to that child a drug,

                intoxicant, or other similar substance;
is guilty of rape of a child and shall be punished as a court-
martial may direct.
    ``(b) Sexual Assault of a Child.--Any person subject to

this chapter who commits a sexual act upon a child who has

attained the age of 12 years is guilty of sexual assault of a

child and shall be punished as a court-martial may direct.
    ``(c) Sexual Abuse of a Child.--Any person subject to this

chapter who commits a lewd act upon a child is guilty of sexual

abuse of a child and shall be punished as a court-martial may

direct.
    ``(d) Age of Child.--
            ``(1) Under 12 years.--In a prosecution under this

        section, it need not be proven that the accused knew

        the age of the other person engaging in the sexual act

        or lewd act. It is not a defense that the accused

        reasonably believed that the child had attained the age

        of 12 years.
            ``(2) Under 16 years.--In a prosecution under this

        section, it need not be proven that the accused knew

        that the other person engaging in the sexual act or

        lewd act had not attained the age of 16 years, but it

        is a defense in a prosecution under subsection (b)

        (sexual assault of a child) or subsection (c) (sexual

        abuse of a child), which the accused must prove by a

        preponderance of the evidence, that the accused

        reasonably believed that the child had attained the age

        of 16 years, if the child had in fact attained at least

        the age of 12 years.
    ``(e) Proof of Threat.--In a prosecution under this

section, in proving that a person made a threat, it need not be

proven that the person actually intended to carry out the

threat or had the ability to carry out the threat.
    ``(f) Marriage.--In a prosecution under subsection (b)

(sexual assault of a child) or subsection (c) (sexual abuse of

a child), it is a defense, which the accused must prove by a

preponderance of the evidence, that the persons engaging in the

sexual act or lewd act were at that time married to each other,

except where the accused commits a sexual act upon the person

when the accused knows or reasonably should know that the other

person is asleep, unconscious, or otherwise unaware that the

sexual act is occurring or when the other person is incapable

of consenting to the sexual act due to impairment by any drug,

intoxicant, or other similar substance, and that condition was

known or reasonably should have been known by the accused.
    ``(g) Consent.--Lack of consent is not an element and need

not be proven in any prosecution under this section. A child

not legally married to the person committing the sexual act,

lewd act, or use of force cannot consent to any sexual act,

lewd act, or use of force.
    ``(h) Definitions.--In this section:
            ``(1) Sexual act and sexual contact.--The terms

        `sexual act' and `sexual contact' have the meanings

        given those terms in section 920(g) of this title

        (article 120(g)).
            ``(2) Force.--The term `force' means--
                    ``(A) the use of a weapon;
                    ``(B) the use of such physical strength or

                violence as is sufficient to overcome,

                restrain, or injure a child; or
                    ``(C) inflicting physical harm.
        In the case of a parent-child or similar relationship,

        the use or abuse of parental or similar authority is

        sufficient to constitute the use of force.
            ``(3) Threatening or placing that child in fear.--
        The term `threatening or placing that child in fear'

        means a communication or action that is of sufficient

        consequence to cause the child to fear that non-
        compliance will result in the child or another person

        being subjected to the action contemplated by the

        communication or action.
            ``(4) Child.--The term `child' means any person who

        has not attained the age of 16 years.
            ``(5) Lewd act.--The term `lewd act' means--
                    ``(A) any sexual contact with a child;
                    ``(B) intentionally exposing one's

                genitalia, anus, buttocks, or female areola or

                nipple to a child by any means, including via

                any communication technology, with an intent to

                abuse, humiliate, or degrade any person, or to

                arouse or gratify the sexual desire of any

                person;
                    ``(C) intentionally communicating indecent

                language to a child by any means, including via

                any communication technology, with an intent to

                abuse, humiliate, or degrade any person, or to

                arouse or gratify the sexual desire of any

                person; or
                    ``(D) any indecent conduct, intentionally

                done with or in the presence of a child,

                including via any communication technology,

                that amounts to a form of immorality relating

                to sexual impurity which is grossly vulgar,

                obscene, and repugnant to common propriety, and

                tends to excite sexual desire or deprave morals

                with respect to sexual relations.''.
    (c) Other Sexual Misconduct.--Such chapter (the Uniform

Code of Military Justice) is further amended by inserting after

section 920b (article 120b), as added by subsection (b), the

following new section:

``Sec. 920c. Art. 120c. Other sexual misconduct

    ``(a) Indecent Viewing, Visual Recording, or

Broadcasting.--Any person subject to this chapter who, without

legal justification or lawful authorization--
            ``(1) knowingly and wrongfully views the private

        area of another person, without that other person's

        consent and under circumstances in which that other

        person has a reasonable expectation of privacy;
            ``(2) knowingly photographs, videotapes, films, or

        records by any means the private area of another

        person, without that other person's consent and under

        circumstances in which that other person has a

        reasonable expectation of privacy; or
            ``(3) knowingly broadcasts or distributes any such

        recording that the person knew or reasonably should

        have known was made under the circumstances proscribed

        in paragraphs (1) and (2);
is guilty of an offense under this section and shall be

punished as a court-martial may direct.
    ``(b) Forcible Pandering.--Any person subject to this

chapter who compels another person to engage in an act of

prostitution with any person is guilty of forcible pandering

and shall be punished as a court-martial may direct.
    ``(c) Indecent Exposure.--Any person subject to this

chapter who intentionally exposes, in an indecent manner, the

genitalia, anus, buttocks, or female areola or nipple is guilty

of indecent exposure and shall by punished as a court-martial

may direct.
    ``(d) Definitions.--In this section:
            ``(1) Act of prostitution.--The term `act of

        prostitution' means a sexual act or sexual contact (as

        defined in section 920(g) of this title (article

        120(g))) on account of which anything of value is given

        to, or received by, any person.
            ``(2) Private area.--The term `private area' means

        the naked or underwear-clad genitalia, anus, buttocks,

        or female areola or nipple.
            ``(3) Reasonable expectation of privacy.--The term

        `under circumstances in which that other person has a

        reasonable expectation of privacy' means--
                    ``(A) circumstances in which a reasonable

                person would believe that he or she could

                disrobe in privacy, without being concerned

                that an image of a private area of the person

                was being captured; or
                    ``(B) circumstances in which a reasonable

                person would believe that a private area of the

                person would not be visible to the public.
            ``(4) Broadcast.--The term `broadcast' means to

        electronically transmit a visual image with the intent

        that it be viewed by a person or persons.
            ``(5) Distribute.--The term `distribute' means

        delivering to the actual or constructive possession of

        another, including transmission by electronic means.
            ``(6) Indecent manner.--The term `indecent manner'

        means conduct that amounts to a form of immorality

        relating to sexual impurity which is grossly vulgar,

        obscene, and repugnant to common propriety, and tends

        to excite sexual desire or deprave morals with respect

        to sexual relations.''.
    (d) Conforming Amendments.--Chapter 47 of such title (the

Uniform Code of Military Justice) is further amended as

follows:
            (1) Statute of limitations.--Subparagraph (B) of

        section 843(b)(2) (article 43(b)(2)) is amended--
                    (A) in clause (i), by striking ``section

                920 of this title (article 120)'' and inserting

                ``section 920, 920a, 920b, or 920c of this

                title (article 120, 120a, 120b, or 120c)''; and
                    (B) in clause (v)--
                            (i) by striking ``indecent

                        assault''; and
                            (ii) by striking ``or liberties

                        with a child''.
            (2) Murder.--Paragraph (4) of section 918 (article

        118) is amended by striking ``aggravated sexual

        assault,'' and all that follows through ``with a

        child,'' and inserting ``sexual assault, sexual assault

        of a child, aggravated sexual contact, sexual abuse of

        a child,''.
    (e) Clerical Amendments.--The table of sections at the

beginning of subchapter X of such chapter (the Uniform Code of

Military Justice) is amended by striking the items relating to

sections 920 and 920a (articles 120 and 120a) and inserting the

following new items:

``920. 120. Rape and sexual assault generally.
``920a. 120a. Stalking.
``920b. 120b. Rape and sexual assault of a child.
``920c. 120c. Other sexual misconduct.''.


    (f) Effective Date.--The amendments made by this section

shall take effect 180 days after the date of the enactment of

this Act and shall apply with respect to offenses committed on

or after such effective date.

SEC. 542. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.

    (a) Effect of Refusal to Appear or Testify.--Section 847 of

title 10, United States Code (article 47 of the Uniform Code of

Military Justice), is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking

                ``board;'' and inserting ``board, or has been

                duly issued a subpoena duces tecum for an

                investigation pursuant to section 832(b) of

                this title (article 32(b));''; and
                    (B) in paragraph (2)--
                            (i) by striking ``duly paid or

                        tendered the fees and mileage of a

                        witness'' and inserting ``provided a

                        means for reimbursement from the

                        Government for fees and mileage''; and
                            (ii) by inserting before the

                        semicolon the following: ``or, in the

                        case of extraordinary hardship, is

                        advanced such fees and mileage''; and
            (2) in subsection (c), by striking ``or board'' and

        inserting ``board, or convening authority''.
    (b) Technical Amendments.--Subsection (a) of such section

is further amended by striking ``subpenaed'' both places it

appears and inserting ``subpoenaed''.
    (c) Effective Date.--The amendments made by subsection (a)

shall apply with respect to subpoenas issued after the date of

the enactment of this Act.

SEC. 543. CLARIFICATION OF APPLICATION AND EXTENT OF DIRECT ACCEPTANCE

                    OF GIFTS AUTHORITY.

    Section 2601a of title 10, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``or'' at the end of

                paragraph (1);
                    (B) by redesignating paragraph (2) as

                paragraph (3); and
                    (C) by inserting after paragraph (1) the

                following new paragraph:
            ``(2) in an operation or area designated as a

        combat operation or a combat zone, respectively, by the

        Secretary of Defense in accordance with the regulations

        prescribed under subsection (a); or'';
            (2) in subsection (c), by striking ``paragraph (1)

        or (2) of subsection (c)'' and inserting ``paragraph

        (1), (2) or (3) of subsection (b)''; and
            (3) by adding at the end the following new

        subsection:
    ``(e) Application of Certain Regulations.--To the extent

provided in the regulations issued under subsection (a) to

implement subsection (b)(2), the regulations shall apply to the

acceptance of gifts received after the date of the enactment of

the National Defense Authorization Act for Fiscal Year 2012 for

injuries or illnesses incurred on or after September 11,

2001.''.

SEC. 544. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH RESPECT TO

                    THE PERFORMANCE OF MARRIAGES.

    A military chaplain who, as a matter of conscience or moral

principle, does not wish to perform a marriage may not be

required to do so.

      Subtitle E--Member Education and Training Opportunities and

                             Administration

SEC. 551. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE ARMED FORCES ON

                    ACTIVE DUTY WHO ARE TRANSITIONING TO CIVILIAN LIFE.

    Section 1143 of title 10, United States Code, is amended by

adding at the end the following new subsection:
    ``(e) Employment Skills Training.--(1) The Secretary of a

military department may carry out one or more programs to

provide eligible members of the armed forces under the

jurisdiction of the Secretary with job training and employment

skills training, including apprenticeship programs, to help

prepare such members for employment in the civilian sector.
    ``(2) A member of the armed forces is an eligible member

for purposes of a program under this subsection if the member--
            ``(A) has completed at least 180 days on active

        duty in the armed forces; and
            ``(B) is expected to be discharged or released from

        active duty in the armed forces within 180 days of the

        date of commencement of participation in such a

        program.
    ``(3) Any program under this subsection shall be carried

out in accordance with regulations prescribed by the Secretary

of Defense.''.

SEC. 552. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY

                    EDUCATION.

    (a) Authority To Credit Military Graduates of the National

Defense Intelligence College With Completion of JPME Phase I.--
            (1) Joint professional military education phase

        i.--Section 2154(a)(1) of title 10, United States Code,

        is amended by inserting ``or at a joint intermediate

        level school'' before the period at the end.
            (2) Joint intermediate level school defined.--
        Section 2151(b) of such title is amended by adding at

        the end the following new paragraph:
            ``(3) The term `joint intermediate level school'

        includes the National Defense Intelligence College.''.
    (b) Pilot Program on JPME Phase II on Other-than-in

Residence Basis.--
            (1) Pilot program authorized.--The Secretary of

        Defense may carry out a pilot program to assess the

        feasibility and advisability of offering a program of

        instruction for Phase II joint professional military

        education (JPME II) on an other than in-residence

        basis.
            (2) Location.--The pilot program authorized by this

        subsection shall be carried out at the headquarters of

        not more than two combatant commands selected by the

        Secretary for purposes of the pilot program.
            (3) Program of instruction.--The program of

        instruction offered under the pilot program authorized

        by this subsection shall meet the requirements of

        section 2155 of title 10, United States Code.
            (4) Report.--Not later than one year before

        completion of the pilot program authorized by this

        subsection, the Secretary shall submit to the

        Committees on Armed Services of the Senate and the

        House of Representatives a report on the pilot program.

        The report shall include the following:
                    (A) The number of students enrolled at each

                location under the pilot program.
                    (B) The number of students who successfully

                completed the program of instruction under the

                pilot program and were awarded credit for Phase

                II joint professional military education.
                    (C) The assessment of the Secretary

                regarding the feasibility and advisability of

                expanding the pilot program to the headquarters

                of additional combatant commands, or of making

                the pilot program permanent, and a statement of

                the legislative or administrative actions

                required to implement such assessment.
            (5) Sunset.--The authority in this subsection to

        carry out the pilot program shall expire on the date

        that is five years after the date of the enactment of

        this Act.

SEC. 553. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON

                    ADMISSION TO THE MILITARY SERVICE ACADEMIES.

    (a) Waiver for Certain Enlisted Members.--The Secretary of

the military department concerned may waive the maximum age

limitation specified in section 4346(a), 6958(a)(1), or 9346(a)

of title 10, United States Code, for the admission of an

enlisted member of the Armed Forces to the United States

Military Academy, the United States Naval Academy, or the

United States Air Force Academy if the member--
            (1) satisfies the eligibility requirements for

        admission to that academy (other than the maximum age

        limitation); and
            (2) was or is prevented from being admitted to a

        military service academy before the member reached the

        maximum age specified in such sections as a result of

        service on active duty in a theater of operations for

        Operation Iraqi Freedom, Operation Enduring Freedom, or

        Operation New Dawn.
    (b) Maximum Age for Receipt of Waiver.--A waiver may not be

granted under this section if the candidate would pass the

candidate's twenty-sixth birthday by July 1 of the year in

which the candidate would enter the military service academy

pursuant to the waiver.
    (c) Limitation on Number Admitted Using Waiver.--Not more

than five candidates may be admitted to each of the military

service academies for an academic year pursuant to a waiver

granted under this section.
    (d) Record Keeping Requirement.--The Secretary of each

military department shall maintain records on the number of

graduates of the military service academy under the

jurisdiction of the Secretary who are admitted pursuant to a

waiver granted under this section and who remain in the Armed

Forces beyond the active duty service obligation assumed upon

graduation. The Secretary shall compare their retention rate to

the retention rate of graduates of that academy generally.
    (e) Reports.--Not later than April 1, 2016, the Secretary

of each military department shall submit to the Committees on

Armed Services of the Senate and the House of Representatives a

report specifying--
            (1) the number of applications for waivers received

        by the Secretary under this section;
            (2) the number of waivers granted by the Secretary

        under this section;
            (3) the number of candidates actually admitted to

        the military service academy under the jurisdiction of

        the Secretary pursuant to a waiver granted by the

        Secretary under this section; and
            (4) beginning with the class of 2009, the number of

        graduates of the military service academy under the

        jurisdiction of the Secretary who, before admission to

        that academy, were enlisted members of the Armed Forces

        and who remain in the Armed Forces beyond the active

        duty service obligation assumed upon graduation.
    (f) Duration of Waiver Authority.--The authority to grant a

waiver under this section expires on September 30, 2016.

SEC. 554. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR FORCE

                    INSTITUTE OF TECHNOLOGY.

    (a) In General.--Chapter 901 of title 10, United States

Code, is amended by inserting after section 9314a the following

new section:

``Sec. 9314b. United States Air Force Institute of Technology:

                    administration

    ``(a) Commandant.--
            ``(1) Selection.--The Commandant of the United

        States Air Force Institute of Technology shall be

        selected by the Secretary of the Air Force.
            ``(2) Eligibility.--The Commandant shall be one of

        the following:
                    ``(A) An officer of the Air Force on active

                duty in a grade not below the grade of colonel

                who possesses such qualifications as the

                Secretary considers appropriate and is assigned

                or detailed to such position.
                    ``(B) A member of the Senior Executive

                Service or a civilian individual, including an

                individual who was retired from the Air Force

                in a grade not below brigadier general, who has

                the qualifications appropriate for the position

                of Commandant and is selected by the Secretary

                as the best qualified from among candidates for

                the position in accordance with a process and

                criteria determined by the Secretary.
            ``(3) Term for civilian commandant.--An individual

        selected for the position of Commandant under paragraph

        (2)(B) shall serve in that position for a term of not

        more than five years and may be continued in that

        position for an additional term of up to five years.
    ``(b) Provost and Academic Dean.--
            ``(1) In general.--There is established at the

        United States Air Force Institute of Technology the

        civilian position of Provost and Academic Dean who

        shall be appointed by the Secretary.
            ``(2) Term.--An individual appointed to the

        position of Provost and Academic Dean shall serve in

        that position for a term of five years.
            ``(3) Compensation.--The individual serving as

        Provost and Academic Dean is entitled to such

        compensation for such service as the Secretary shall

        prescribe for purposes of this section, but not more

        than the rate of compensation authorized for level IV

        of the Executive Schedule.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of chapter 901 of such title is amended by inserting

after the item relating to section 9314a the following new

item:

``9314b. United States Air Force Institute of Technology:

          administration.''.


SEC. 555. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR INJURED

                    FORMER OR RETIRED ENLISTED MEMBERS OF THE ARMED

                    FORCES IN ASSOCIATE DEGREE PROGRAMS OF THE

                    COMMUNITY COLLEGE OF THE AIR FORCE IN ORDER TO

                    COMPLETE DEGREE PROGRAM.

    (a) In General.--Section 9315 of title 10, United States

Code, is amended--
            (1) by redesignating subsection (c) as subsection

        (d); and
            (2) by inserting after subsection (b) the following

        new subsection (c):
    ``(c) Seriously Wounded, Ill, or Injured Former and Retired

Enlisted Members.--(1) The Secretary of the Air Force may

authorize participation in a program of higher education under

subsection (a)(1) by a person who is a former or retired

enlisted member of the armed forces who at the time of the

person's separation from active duty--
            ``(A) had commenced but had not completed a program

        of higher education under subsection (a)(1); and
            ``(B) is categorized by the Secretary concerned as

        seriously wounded, ill, or injured.
    ``(2) For purposes of this subsection, a person who may be

categorized as seriously wounded, ill, or injured is a person

with a serious injury or illness (as that term is defined in

section 1602(8) of the Wounded Warrior Act (title XVI of Public

Law 110-181; 10 U.S.C. 1071 note)).
    ``(3) A person may not be authorized under paragraph (1) to

participate in a program of higher education after the end of

the 10-year period beginning on the date of the person's

separation from active duty.
    ``(4) The Secretary may not pay the tuition for

participation in a program of higher education under subsection

(a)(1) of a person participating in such program pursuant to an

authorization under paragraph (1).''.
    (b) Conforming Amendments.--Subsection (d) of such section,

as redesignated by subsection (a)(1), is amended by striking

``enlisted member'' both places it appears and inserting

``person''.
    (c) Effective Date.--Subsection (c) of section 9315 of

title 10, United States Code (as added by subsection (a)(2)),

shall apply to persons covered by paragraph (1) of such

subsection who are categorized by the Secretary concerned as

seriously wounded, ill, or injured after September 11, 2001.

With respect to any such person who is separated from active

duty during the period beginning on September 12, 2001, and

ending on the date of the enactment of this Act, the 10-year

period specified in paragraph (3) of such subsection shall be

deemed to commence on the date of the enactment of this Act.

SEC. 556. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.

    (a) Reserve Component Mental Health Student Stipend.--
Section 16201 of title 10, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection

        (g); and
            (2) by inserting after subsection (e) the following

        new subsection (f):
    ``(f) Mental Health Professionals in Critical Wartime

Specialties.--(1) Under the stipend program under this chapter,

the Secretary of the military department concerned may enter

into an agreement with a person who--
            ``(A) is eligible to be appointed as an officer in

        a reserve component;
            ``(B) is enrolled or has been accepted for

        enrollment in an institution in a course of study that

        results in a degree in clinical psychology or social

        work;
            ``(C) signs an agreement that, unless sooner

        separated, the person will--
                    ``(i) complete the educational phase of the

                program;
                    ``(ii) accept a reappointment or

                redesignation within the person's reserve

                component, if tendered, based upon the person's

                health profession, following satisfactory

                completion of the educational and intern

                programs; and
                    ``(iii) participate in a residency program

                if required for clinical licensure in a mental

                health profession skill; and
            ``(D) if required by regulations prescribed by the

        Secretary of Defense, agrees to apply for, if eligible,

        and accept, if offered, residency training in a mental

        health profession skill that has been designated by the

        Secretary as a critically needed wartime skill.
    ``(2) Under the agreement--
            ``(A) the Secretary of the military department

        concerned shall agree to pay the participant a stipend,

        in the amount determined under subsection (g), for the

        period or the remainder of the period that the student

        is satisfactorily progressing toward a degree in

        clinical psychology or social work while enrolled in a

        school accredited in the designated mental health

        discipline;
            ``(B) the participant shall not be eligible to

        receive such stipend before appointment, designation,

        or assignment as an officer for service in the Selected

        Reserve;
            ``(C) the participant shall be subject to such

        active duty requirements as may be specified in the

        agreement and to active duty in time of war or national

        emergency as provided by law for members of the

        Selected Reserve; and
            ``(D) the participant shall agree to serve, upon

        successful completion of the program, one year in the

        Selected Reserve for each six months, or part thereof,

        for which the stipend is provided.''.
    (b) Conforming Amendments.--Such section is further

amended--
            (1) in subsections (b)(2)(A), (c)(2)(A), and

        (d)(2)(A), by striking ``subsection (f)'' and inserting

        ``subsection (g)''; and
            (2) in subsection (g), as redesignated by

        subsection (a)(1) of this section, by striking

        ``subsection (b) or (c)'' and inserting ``subsection

        (b), (c), or (f)''.

SEC. 557. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE TROOPS-TO-
                    TEACHERS PROGRAM.

    (a) Fiscal Year 2012 Administration.--Notwithstanding

section 2302(c) of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 6672(c)), the Secretary of Defense may

administer the Troops-to-Teachers Program during fiscal year

2012. Amounts authorized to be appropriated for the Department

of Defense by this Act shall be available to the Secretary of

Defense for that purpose.
    (b) Report.--Not later than April 1, 2012, the Secretary of

Defense and the Secretary of Education shall jointly submit to

the appropriate committees of Congress a report on the Troops-
to-Teachers Program. The report shall include the following:
            (1) A summary of the funding of the Troops-to-
        Teachers Program since its inception and projected

        funding of the program during the period covered by the

        future-years defense program submitted to Congress

        during 2011.
            (2) The number of past participants in the Troops-
        to-Teachers Program by year, the number of past

        participants who have fulfilled, and have not

        fulfilled, their service obligation under the program,

        and the number of waivers of such obligations (and the

        reasons for such waivers).
            (3) A discussion and assessment of the current and

        anticipated effects of recent economic circumstances in

        the United States, and cuts nationwide in State and

        local budgets, on the ability of participants in the

        Troops-to-Teachers Program to obtain teaching

        positions.
            (4) A discussion of the youth education goals in

        the Troops-to-Teachers Program and the record of the

        program to date in producing teachers in high-need and

        other eligible schools.
            (5) An assessment of the extent to which the

        Troops-to-Teachers Program achieves its purpose as a

        military transition assistance program and, in

        particular, as transition assistance program for

        members of the Armed Forces who are nearing retirement

        or who are voluntarily or involuntarily separating from

        military service.
            (6) An assessment of the performance of the Troops-
        to-Teachers Program in providing qualified teachers to

        high-need public schools, and reasons for expanding the

        program to additional school districts.
            (7) A discussion and assessment of the advisability

        of the administration of the Troops-to-Teachers Program

        by the Department of Education in consultation with the

        Department of Defense.
    (c) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term

        ``appropriate committees of Congress'' means--
                    (A) the Committees on Armed Services and

                Health, Education, Labor, and Pensions of the

                Senate; and
                    (B) the Committees on Armed Services and

                Education and the Workforce of the House of

                Representatives.
            (2) Troops-to-teachers program.--The term ``Troops-
        to-Teachers Program'' means the Troops-to-Teachers

        Program authorized by chapter A of subpart 1 of part C

        of title II of the Elementary and Secondary Education

        Act of 1965 (20 U.S.C. 6671 et seq.).

SEC. 558. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING FOR SKILLS

                    REQUIRED FOR MILITARY OCCUPATIONAL SPECIALTIES.

    (a) Pilot Program Required.--Commencing not later than nine

months after the date of the enactment of this Act, the

Secretary of Defense shall carry out a pilot program to assess

the feasibility and advisability of permitting enlisted members

of the Armed Forces to obtain civilian credentialing or

licensing for skills required for military occupational

specialties (MOS) or qualification for duty specialty codes.
    (b) Elements.--In carrying out the pilot program, the

Secretary shall--
            (1) designate not less than three or more than five

        military occupational specialities or duty speciality

        codes for coverage under the pilot program; and
            (2) permit enlisted members of the Armed Forces to

        obtain the credentials or licenses required for the

        specialities or codes so designated through civilian

        credentialing or licensing entities, institutions, or

        bodies selected by the Secretary for purposes of the

        pilot program, whether concurrently with military

        training, at the completion of military training, or

        both.
    (c) Duration.--The Secretary shall complete the pilot

program by not later than five years after the date of the

commencement of the pilot program.
    (d) Report.--Not later than one year after commencement of

the pilot program, the Secretary shall submit to Congress a

report on the pilot program. The report shall set forth the

following:
            (1) The number of enlisted members who participated

        in the pilot program.
            (2) A description of the costs incurred by the

        Department of Defense in connection with the receipt by

        members of credentialing or licensing under the pilot

        program.
            (3) A comparison of the cost associated with

        receipt by members of credentialing or licensing under

        the pilot program with the cost of receipt of similar

        credentialing or licensing by recently-discharged

        veterans of the Armed Forces under programs currently

        operated by the Department of Veterans Affairs and the

        Department of Labor.
            (4) The recommendation of the Secretary as to the

        feasibility and advisability of expanding the pilot

        program to additional military occupational specialties

        or duty specialty codes, and, if such expansion is

        considered feasible and advisable, a list of the

        military occupational specialties and duty specialty

        codes recommended for inclusion in the expansion.

SEC. 559. REPORT ON CERTAIN EDUCATION ASSISTANCE PROGRAMS.

    (a) Report Required.--Not later than 180 days after the

date of enactment of this Act, the Secretary of Defense shall

submit to the Committees on Armed Services of the Senate and

House of Representatives a report on methods to increase the

efficiency of the education assistance programs under sections

1784a and 2007 of title 10, United States Code.
    (b) Elements.--The report required by subsection (a) shall

include the following:
            (1) A description of the effect of the programs on

        recruiting and retention within the Armed Forces.
            (2) An analysis of other programs that provide

        benefits similar to those provided through the

        programs, including the use of education assistance

        programs under chapters 30 and 33 of title 38, United

        States Code, for education and training pursued by

        members of the Armed Forces serving on active duty

        while they are off-duty.
            (3) A description of the effects of modifying the

        programs to require members of the Armed Forces and

        dependents participating in the programs to pay an

        appropriate percentage of their education expenses with

        the Secretary of the military department concerned

        paying the remaining percentage of such expenses, with

        the intent of ensuring that members and their

        dependents give due consideration to their educational

        needs before enrolling in the programs.
            (4) A description of the costs of the programs to

        the Department of Defense, including the following

        elements for each institution of higher education that

        received funds under the programs during any of fiscal

        years 2009, 2010, 2011:
                    (A) The name and location of the

                institution of higher education.
                    (B) Whether the institution is a public,

                non-profit, or for-profit institution.
                    (C) The amount of funds received by the

                institution in each such fiscal year.
                    (D) The number of members of the Armed

                Forces and dependents who received education at

                the institution during each such fiscal year.
                    (E) The average amount of funds members and

                dependents received under the programs.
            (5) A description of the education outcomes for

        members of the Armed Forces and dependents

        participating in the program during fiscal years, 2009,

        2010, 2011, including the following:
                    (A) Credit accumulation.
                    (B) Completion of education on-time or

                within 150 percent of on-time.
                    (C) Completion of a degree.
                    (D) Loan defaults, if applicable.
            (6) A description of the feasibility and

        desirability of requiring institutions of higher

        learning, as a requirement for participation in the

        programs, to report to the Secretary of Defense, as

        well as disclose, provide, and make publicly available

        through electronic or other means to members of the

        Armed Forces participating in the programs, the

        following information about their programs prior to

        enrollment:
                    (A) When applicable, qualifications for

                examination, certification, or licensure

                required as a precondition for employment in

                the occupation or skill for which the program

                is represented to prepare the student, and

                whether the program meets those requirements.
                    (B) The normal and average time to

                completion of the program. Normal time to

                completion means the amount of time it would

                take a full-time student to complete the

                program.
                    (C) The completion, graduation, and dropout

                rates of students for the institution.
                    (D) Information concerning average student

                indebtedness for each program resulting from

                Federal, private, and institutional loans.
                    (E) Whether the institution participates,

                or is eligible to participate, under in

                financial aid programs under title IV of the

                Higher Education Act of 1965.

                Subtitle F--Armed Forces Retirement Home

SEC. 561. CONTROL AND ADMINISTRATION BY SECRETARY OF DEFENSE.

    Section 1511(d) of the Armed Forces Retirement Home Act of

1991 (24 U.S.C. 411(d)) is amended by adding at the end the

following new paragraph:
    ``(3) The administration of the Retirement Home, including

administration for the provision of health care and medical

care for residents, shall remain under the control and

administration of the Secretary of Defense.''.

SEC. 562. SENIOR MEDICAL ADVISOR OVERSIGHT OF HEALTH CARE PROVIDED TO

                    RESIDENTS OF ARMED FORCES RETIREMENT HOME.

    (a) Advisory Responsibilities of Senior Medical Advisor.--
Subsection (b) of section 1513A of the Armed Forces Retirement

Home Act of 1991 (24 U.S.C. 413a) is amended--
            (1) by striking ``(1) The''; and inserting ``The'';
            (2) by striking paragraph (2); and
            (3) by striking ``and the Chief Operating Officer''

        and all that follows through the period at the end and

        inserting the following: ``the Chief Operating Officer,

        and the Advisory Council regarding the direction and

        oversight of--
            ``(1) medical administrative matters at each

        facility of the Retirement Home; and
            ``(2) the provision of medical care, preventive

        mental health, and dental care services at each

        facility of the Retirement Home.''.
    (b) Related Duties.--Subsection (c) of such section is

amended by striking paragraphs (3), (4), and (5) and inserting

the following new paragraphs:
            ``(3) Periodically visit each facility of the

        Retirement Home to review--
                    ``(A) the medical facilities, medical

                operations, medical records and reports, and

                the quality of care provided to residents; and
                    ``(B) inspections and audits to ensure that

                appropriate follow-up regarding issues and

                recommendations raised by such inspections and

                audits has occurred.
            ``(4) Report on the findings and recommendations

        developed as a result of each review conducted under

        paragraph (3) to the Chief Operating Officer, the

        Advisory Council, and the Under Secretary of Defense

        for Personnel and Readiness.''.

SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIREMENT HOME ADVISORY

                    COUNCIL AND RESIDENT ADVISORY COMMITTEES.

    (a) Replacement of Local Boards of Trustees.--The Armed

Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended

by striking section 1516 and inserting the following new

sections:

``SEC. 1516. ADVISORY COUNCIL.

    ``(a) Establishment.--The Retirement Home shall have an

Advisory Council, to be known as the `Armed Forces Retirement

Home Advisory Council'. The Advisory Council shall serve the

interests of both facilities of the Retirement Home.
    ``(b) Duties.--(1) The Advisory Council shall provide to

the Chief Operating Officer and the Administrator of each

facility such guidance and recommendations on the

administration of the Retirement Home and the quality of care

provided to residents as the Advisory Council considers

appropriate.
    ``(2) Not less often than annually, the Advisory Council

shall submit to the Secretary of Defense a report summarizing

its activities during the preceding year and providing such

observations and recommendations with respect to the Retirement

Home as the Advisory Council considers appropriate.
    ``(3) In carrying out its functions, the Advisory Council

shall--
            ``(A) provide for participation in its activities

        by a representative of the Resident Advisory Committee

        of each facility of the Retirement Home; and
            ``(B) make recommendations to the Inspector General

        of the Department of Defense regarding issues that the

        Inspector General should investigate.
    ``(c) Composition.--(1) The Advisory Council shall consist

of at least 15 members, each of whom shall be a full or part-
time Federal employee or a member of the Armed Forces.
    ``(2) Members of the Advisory Council shall be designated

by the Secretary of Defense, except that an individual who is

not an employee of the Department of Defense shall be

designated, in consultation with the Secretary of Defense, by

the head of the Federal department or agency that employs the

individual.
    ``(3) The Advisory Council shall include the following

members:
            ``(A) One member who is an expert in nursing home

        or retirement home administration and financing.
            ``(B) One member who is an expert in gerontology.
            ``(C) One member who is an expert in financial

        management.
            ``(D) Two representatives of the Department of

        Veterans Affairs, one to be designated from each of the

        regional offices nearest in proximity to the facilities

        of the Retirement Home.
            ``(E) The Chairpersons of the Resident Advisory

        Committees.
            ``(F) One enlisted representative of the Services'

        Retiree Advisory Council.
            ``(G) The senior noncommissioned officer of one of

        the Armed Forces.
            ``(H) Two senior representatives of military

        medical treatment facilities, one to be designated from

        each of the military hospitals nearest in proximity to

        the facilities of the Retirement Home.
            ``(I) One senior judge advocate from one of the

        Armed Forces.
            ``(J) One senior representative of one of the chief

        personnel officers of the Armed Forces.
            ``(K) Such other members as the Secretary of

        Defense may designate.
    ``(4) The Administrator of the each facility of the

Retirement Home shall be a nonvoting member of the Advisory

Council.
    ``(5) The Secretary of Defense shall designate one member

of the Advisory Council to serve as the Chairperson of the

Advisory Council. The Chairperson shall conduct the meetings of

the Advisory Council.
    ``(d) Term of Service.--(1) Except as provided in

paragraphs (2), (3), and (4), the term of service of a member

of the Advisory Council shall be two years. The Secretary of

Defense may designate a member to serve one additional term.
    ``(2) Unless earlier terminated by the Secretary of

Defense, a person may continue to serve as a member of the

Advisory Council after the expiration of the member's term

until a successor is designated.
    ``(3) The Secretary of Defense may terminate the term of

service of a member of the Advisory Council before the

expiration of the member's term.
    ``(4) A member of the Advisory Council serves as a member

of the Advisory Council only for as long as the member is

assigned to or serving in a position for which the duties

include the duty to serve as a member of the Advisory Council.
    ``(e) Vacancies.--A vacancy in the Advisory Council shall

be filled in the manner in which the original designation was

made. A member designated to fill a vacancy occurring before

the end of the term of the predecessor shall be designated for

the remainder of the term of the predecessor. A vacancy in the

Advisory Council shall not affect its authority to perform its

duties.
    ``(f) Compensation.--(1) Except as provided in paragraph

(2), a member of the Advisory Council shall--
            ``(A) be provided a stipend consistent with the

        daily government consultant fee for each day on which

        the member is engaged in the performance of services

        for the Advisory Council; and
            ``(B) while away from home or regular place of

        business in the performance of services for the

        Advisory Council, be allowed travel expenses (including

        per diem in lieu of subsistence) in the same manner as

        a person employed intermittently in Government under

        sections 5701 through 5707 of title 5, United States

        Code.
    ``(2) A member of the Advisory Council who is a member of

the Armed Forces on active duty or a full-time officer or

employee of the United States shall receive no additional pay

by reason of serving as a member of the Advisory Council.

``SEC. 1516A. RESIDENT ADVISORY COMMITTEES.

    ``(a) Establishment and Purpose.--(1) A Resident Advisory

Committee is an elected body of residents at each facility of

the Retirement Home established to provide a forum for all

residents to express their needs, ideas, and interests through

elected representatives of their respective floor or area.
    ``(2) A Resident Advisory Committee--
            ``(A) serves as a forum for ideas, recommendations,

        and representation to management of that facility of

        the Retirement Home to enhance the morale, safety,

        health, and well-being of residents; and
            ``(B) provides a means to communicate policy and

        general information between residents and management.
    ``(b) Election Process.--The election process for the

Resident Advisory Committee at a facility of the Retirement

Home shall be coordinated by the facility Ombudsman.
    ``(c) Chairperson.--(1) The Chairperson of a Resident

Advisory Committee shall be elected at large and serve a two-
year term.
    ``(2) Chairpersons serve as a liaison to the Administrator

and are voting members of the Advisory Council. Chairpersons

shall create meeting agendas, conduct the meetings, and provide

a copy of the minutes to the Administrator, who will forward

the copy to the Chief Operating Officer for approval.
    ``(d) Meetings.--At a minimum, meetings of a Resident

Advisory Committee shall be conducted quarterly.''.
    (b) Conforming Amendments.--
            (1) Definitions.--Section 1502 of such Act (24

        U.S.C. 401) is amended--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraph (3) as

                paragraph (2); and
                    (C) by inserting after paragraph (2) (as so

                redesignated) the following new paragraphs:
            ``(3) The term `Advisory Council' means the Armed

        Forces Retirement Home Advisory Council established

        under section 1516.
            ``(4) The term `Resident Advisory Committee' means

        an elected body of residents at a facility of the

        Retirement Home established under section 1516A.''.
            (2) Responsibilities of chief operating officer.--
        Section 1515(c)(2) of such Act (24 U.S.C. 415(c)(2)) is

        amended by striking ``, including the Local Boards of

        those facilities''.
            (3) Inspection of retirement home.--Section 1518 of

        such Act (24 U.S.C. 418) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking

                        ``Local Board for the facility or the

                        resident advisory committee or

                        council'' and inserting ``Advisory

                        Council or the Resident Advisory

                        Committee''; and
                            (ii) in paragraph (3), by striking

                        ``Local Board for the facility, the

                        resident advisory committee or

                        council'' and inserting ``Advisory

                        Council, the Resident Advisory

                        Committee'';
                    (B) in subsection (c)(1), by striking

                ``Local Board for the facility'' and inserting

                ``Advisory Council''; and
                    (C) in subsection (e)(1), by striking

                ``Local Board for the facility'' and inserting

                ``Advisory Council''.

SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.

    (a) Leadership of Facilities of the Retirement Home.--
Section 1517 of the Armed Forces Retirement Home Act of 1991

(24 U.S.C. 417) is amended--
            (1) in subsection (a), by striking ``a Director, a

        Deputy Director, and an Associate Director'' and

        inserting ``an Administrator and an Ombudsman'';
            (2) in subsections (b) and (c)--
                    (A) by striking ``Director'' in each

                subsection heading and inserting

                ``Administrator''; and
                    (B) by striking ``Director'' each place it

                appears and inserting ``Administrator'';
            (3) by striking subsections (d) and (e) and

        redesignating subsections (f), (g), (h), and (i) as

        subsections (d), (e), (f), and (g), respectively;
            (4) in subsection (d), as so redesignated--
                    (A) by striking ``Associate Director'' in

                the subsection heading and inserting

                ``Ombudsman''; and
                    (B) by striking ``Associate Director'' in

                paragraphs (1) and (2) and inserting

                ``Ombudsman'';
            (5) in subsection (e), as so redesignated--
                    (A) by striking ``Associate Director.--''

                in the subsection heading and inserting

                ``Ombudsman.--(1)'';
                    (B) by striking ``Associate Director'' and

                inserting ``Ombudsman'';
                    (C) by striking ``Director and Deputy

                Director'' and inserting ``Administrator'';
                    (D) by striking ``Director may'' and

                inserting ``Administrator may''; and
                    (E) by adding at the end the following new

                paragraph:
    ``(2) The Ombudsman may provide information to the

Administrator, the Chief Operating Officer, the Senior Medical

Advisor, the Inspector General of the Department of Defense,

and the Under Secretary of Defense for Personnel and

Readiness.'';
            (6) in subsection (f), as so redesignated, by

        striking ``Director'' each place it appears and

        inserting ``Administrator''; and
            (7) in subsection (g), as so redesignated--
                    (A) by striking ``Directors'' in the

                subsection heading and inserting

                ``Administrators'';
                    (B) in paragraph (1), by striking

                ``Directors'' and inserting ``Administrators'';

                and
                    (C) in paragraph (2), by striking ``a

                Director'' and inserting ``an Administrator''.
    (b) Conforming Amendments.--
            (1) References to director.--Sections 1511(d)(2),

        1512(c), 1514(a), 1518(b)(4), 1518(c), 1518(d)(2),

        1520, 1522, and 1523(b) of such Act are amended by

        striking ``Director'' each place it appears and

        inserting ``Administrator''.
            (2) References to directors.--Sections 1514(b) and

        1520(c) of such Act (24 U.S.C. 414(b), 420(c)) are

        amended by striking ``Directors'' and inserting

        ``Administrators''.

SEC. 565. REVISION OF FEE REQUIREMENTS.

    (a) Limitation on Maximum Monthly Amount of Fees.--
Subsection (c)(3) of section 1514 of the Armed Forces

Retirement Home Act of 1991 (24 U.S.C. 414) is amended by

striking the last sentence.
    (b) Repeal of Former Transitional Fee Structures.--Such

section is further amended by striking subsection (d).

SEC. 566. REVISION OF INSPECTION REQUIREMENTS.

    Section 1518 of the Armed Forces Retirement Home Act of

1991 (24 U.S.C. 418) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``In any year in which a

                facility of the Retirement Home is not

                inspected by a nationally recognized civilian

                accrediting organization,'' and inserting ``Not

                less often than once every three years,'';
                    (B) by striking ``of that facility'' and

                inserting ``of each facility of the Retirement

                Home''; and
                    (C) by inserting ``long-term care,'' after

                ``assisted living,'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``45

                days'' and inserting ``90 days''; and
                    (B) by striking paragraph (2) and inserting

                the following new paragraph:
    ``(2) A report submitted under paragraph (1) shall include

a plan by the Chief Operating Officer to address the

recommendations and other matters contained in the report.'';

and
            (3) in subsection (e)(1)--
                    (A) by striking ``45 days'' and inserting

                ``60 days''; and
                    (B) by striking ``Director of the facility

                concerned shall submit to the Under Secretary

                of Defense for Personnel and Readiness, the

                Chief Operating Officer'' and inserting ``Chief

                Operating Officer shall submit to the Under

                Secretary of Defense for Personnel and

                Readiness, the Senior Medical Advisor''.

SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVISIONS AND TECHNICAL,

                    CONFORMING, AND CLERICAL AMENDMENTS.

    (a) Repeal of Transitional Provisions.--Part B of the Armed

Forces Retirement Home Act of 1991, consisting of sections

1531, 1532, and 1533 relating to transitional provisions for

the Armed Forces Retirement Home Board and the Directors and

Deputy Directors of the facilities of the Armed Forces

Retirement Home (24 U.S.C. 431, 432, 433), is repealed.
    (b) Correction of Obsolete References to Retirement Home

Board.--
            (1) Armed forces retirement home act.--Section

        1519(a)(2) of the Armed Forces Retirement Home Act of

        1991 (24 U.S.C. 419(a)(2)) is amended by striking

        ``Retirement Home Board'' and inserting ``Chief

        Operating Officer''.
            (2) Title 10.--
                    (A) Defense of certain suits.--Section

                1089(g)(3) of title 10, United States Code, is

                amended by striking ``Armed Forces Retirement

                Home Board'' and inserting ``Chief Operating

                Officer of the Armed Forces Retirement Home''.
                    (B) Fines and forfeitures.--Section 2772(b)

                of title 10, United States Code, is amended by

                striking ``Armed Forces Retirement Home Board''

                and inserting ``Chief Operating Officer of the

                Armed Forces Retirement Home''.
    (c) Section Headings.--
            (1) Section 1501.--The heading of section 1501 of

        the Armed Forces Retirement Home Act of 1991 (24 U.S.C.

        401 note) is amended to read as follows:

``SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.''.

            (2) Section 1513.--The heading of section 1513 of

        such Act (24 U.S.C. 413) is amended to read as follows:

``SEC. 1513. SERVICES PROVIDED TO RESIDENTS.''.

            (3) Section 1513a.--The heading of section 1513A of

        such Act (24 U.S.C. 413a) is amended to read as

        follows:

``SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.''.

            (4) Section 1517.--The heading of section 1517 of

        such Act (24 U.S.C. 417) is amended to read as follows:

``SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.''.

            (5) Section 1518.--The heading of section 1518 of

        such Act (24 U.S.C. 418) is amended to read as follows:

``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES BY

                    DEPARTMENT OF DEFENSE INSPECTOR GENERAL AND OUTSIDE

                    INSPECTORS.''.

            (6) Punctuation.--The headings of sections 1512 and

        1520 of such Act (24 U.S.C. 412, 420) are amended by

        adding a period at the end.
    (d) Part a Header.--The heading for part A is repealed.
    (e) Table of Contents.--The table of contents in section

1501(b) of such Act is amended--
            (1) by striking the item relating to the heading

        for part A;
            (2) by striking the items relating to sections 1513

        and 1513A and inserting the following new items:

``Sec. 1513. Services provided to residents.
``Sec. 1513A. Oversight of health care provided to residents.'';


            (3) by striking the items relating to sections

        1516, 1517, and 1518 and inserting the following:

``Sec. 1516. Advisory Council.
``Sec. 1516A. Resident Advisory Committees.
``Sec. 1517. Administrators, Ombudsmen, and staff of facilities.
``Sec. 1518. Periodic inspection of Retirement Home facilities by

          Department of Defense Inspector General and outside

          inspectors.''; and


            (4) by striking the items relating to part B

        (including the items relating to sections 1531, 1532,

        and 1533).

Subtitle G--Defense Dependents' Education and Military Family Readiness

                                Matters

SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

    Of the amount authorized to be appropriated for fiscal year

2012 pursuant to section 301 and available for operation and

maintenance for Defense-wide activities as specified in the

funding table in section 4301, $5,000,000 shall be available

for payments under section 363 of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 (as enacted into

law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C.

7703a).

SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL

                    AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE

                    ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN

                    EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of

Military Dependent Students.--Of the amount authorized to be

appropriated for fiscal year 2012 by section 301 and available

for operation and maintenance for Defense-wide activities as

specified in the funding table in section 4301, $30,000,000

shall be available only for the purpose of providing assistance

to local educational agencies under subsection (a) of section

572 of the National Defense Authorization Act for Fiscal Year

2006 (Public Law 109-163; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to

Base Closures, Force Structure Changes, or Force Relocations.--
Of the amount authorized to be appropriated for fiscal year

2012 by section 301 and available for operation and maintenance

for Defense-wide activities as specified in the funding table

in section 4301, $10,000,000 shall be available only for the

purpose of providing assistance to local educational agencies

under subsection (b) of section 572 of the National Defense

Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20

U.S.C. 7703b).
    (c) Local Educational Agency Defined.--In this section, the

term ``local educational agency'' has the meaning given that

term in section 8013(9) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORITIES ON

                    TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG

                    LOCAL EDUCATIONAL AGENCIES.

    (a) Additional Authorities.--Paragraph (2)(B) of section

574(d) of the John Warner National Defense Authorization Act

for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended--
            (1) by inserting ``grant assistance'' after ``To

        provide''; and
            (2) by striking ``including--`` and all that

        follows and inserting ``including programs on the

        following:
                    ``(i) Access to virtual and distance

                learning capabilities and related applications.
                    ``(ii) Training for teachers.
                    ``(iii) Academic strategies to increase

                academic achievement.
                    ``(iv) Curriculum development.
                    ``(v) Support for practices that minimize

                the impact of transition and deployment.
                    ``(vi) Other appropriate services to

                improve the academic achievement of such

                students.''.
    (b) Three-year Extension.--Paragraph (3) of such section is

amended by striking ``September 30, 2013'' and inserting

``September 30, 2016''.

SEC. 574. REVISION TO MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY

                    FAMILY READINESS COUNCIL.

    Subsection (b) of section 1781a of title 10, United States

Code, is amended to read as follows:
    ``(b) Members.--(1) The Council shall consist of the

following members:
            ``(A) The Under Secretary of Defense for Personnel

        and Readiness, who shall serve as chair of the Council

        and who may designate a representative to chair the

        council in the Under Secretary's absence.
            ``(B) The following persons, who shall be appointed

        or designated by the Secretary of Defense:
                    ``(i) One representative of each of the

                Army, Navy, Marine Corps, and Air Force, each

                of whom shall be a member of the armed force to

                be represented.
                    ``(ii) One representative of the Army

                National Guard or the Air National Guard, who

                may be a member of the National Guard.
                    ``(iii) One spouse or parent of a member of

                each of the Army, Navy, Marine Corps, and Air

                Force, two of whom shall be the spouse or

                parent of an active component member and two of

                whom shall be the spouse or parent of a reserve

                component member.
            ``(C) Three individuals appointed by the Secretary

        of Defense from among representatives of military

        family organizations, including military family

        organizations of families of members of the regular

        components and of families of members of the reserve

        components.
            ``(D) The senior enlisted advisor from each of the

        Army, Navy, Marine Corps, and Air Force, except that

        two of these members may instead be selected from among

        the spouses of the senior enlisted advisors.
            ``(E) The Director of the Office of Community

        Support for Military Families with Special Needs.
    ``(2)(A) The term on the Council of the members appointed

or designated under clauses (i) and (iii) of subparagraph (B)

of paragraph (1) shall be two years and may be renewed by the

Secretary of Defense. Representation on the Council under

clause (ii) of that subparagraph shall rotate between the Army

National Guard and Air National Guard every two years on a

calendar year basis.
    ``(B) The term on the Council of the members appointed

under subparagraph (C) of paragraph (1) shall be three

years.''.

SEC. 575. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL GUARD DUTY.

    Section 4312(c)(4) of title 38, United States Code, is

amended--
            (1) in subparagraph (D), by striking ``or'' at the

        end;
            (2) in subparagraph (E), by striking the period at

        the end and inserting ``; or''; and
            (3) by adding at the end the following new

        subparagraph:
                    ``(F) ordered to full-time National Guard

                duty (other than for training) under section

                502(f)(2)(A) of title 32 when authorized by the

                President or the Secretary of Defense for the

                purpose of responding to a national emergency

                declared by the President and supported by

                Federal funds, as determined by the Secretary

                concerned.''.

SEC. 576. EXPANSION OF OPERATION HERO MILES.

    (a) Expanded Definition of Travel Benefit.--Subsection (b)

of section 2613 of title 10, United States Code, is amended to

read as follows:
    ``(b) Travel Benefit Defined.--In this section, the term

`travel benefit' means--
            ``(1) frequent traveler miles, credits for tickets,

        or tickets for air or surface transportation issued by

        an air carrier or a surface carrier, respectively, that

        serves the public; and
            ``(2) points or awards for free or reduced-cost

        accommodations issued by an inn, hotel, or other

        commercial establishment that provides lodging to

        transient guests.''.
    (b) Condition on Authority To Accept Donation.--Subsection

(c) of such section is amended--
            (1) by striking ``the air or surface carrier'' and

        inserting ``the business entity referred to in

        subsection (b)'';
            (2) by striking ``the surface carrier'' and

        inserting ``the business entity''; and
            (3) by striking ``the carrier'' and inserting ``the

        business entity''.
    (c) Administration.--Subsection (e)(3) of such section is

amended by striking ``the air carrier or surface carrier'' and

inserting ``the business entity referred to in subsection

(b)''.
    (d) Stylistic Amendments.--
            (1) Section heading.--The heading of such section

        is amended to read as follows:

``Sec. 2613. Acceptance of frequent traveler miles, credits, points,

                    and tickets: use to facilitate rest and

                    recuperation travel of deployed members and their

                    families''.

            (2) Table of sections.--The table of sections at

        the beginning of chapter 155 of such title is amended

        by striking the item relating to section 2613 and

        inserting the following new item:

``2613. Acceptance of frequent traveler miles, credits, points, and

          tickets: use to facilitate rest and recuperation travel of

          deployed members and their families.''.


SEC. 577. REPORT ON DEPARTMENT OF DEFENSE AUTISM PILOT AND

                    DEMONSTRATION PROJECTS.

    (a) Report Required.--Not later than March 14, 2013, the

Secretary of Defense shall submit to the Committees on Armed

Services of the House of Representatives and the Senate a

report on all pilot and demonstration projects and all other

efforts being conducted by the Department of Defense on autism

services.
    (b) Matters Covered.--At a minimum, the report under

subsection (a) shall include an assessment of the demand for

autism treatment services by military families, including the

intensity and volumes of use across specific diagnoses and age

groups and the availability of qualified providers of such

treatment services.

SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DEPARTMENT

                    OF DEFENSE MILITARY SPOUSE EMPLOYMENT PROGRAMS.

    (a) In General.--The Comptroller General of the United

States shall carry out a review of all current Department of

Defense military spouse employment programs.
    (b) Elements.--The review required by subsection (a) shall,

address, at a minimum, the following:
            (1) All current Department of Defense military

        spouse employment programs, and the efficacy and

        effectiveness of each such program.
            (2) The types of military spouse employment

        programs that have been considered or used in the past

        by the Department.
            (3) The ways in which military spouse employment

        programs have changed in recent years.
            (4) The benefits or programs that are specifically

        available to provide employment assistance to spouses

        of members of the Armed Forces serving in Operation

        Iraqi Freedom, Operation Enduring Freedom, or Operation

        New Dawn, or any other contingency operation being

        conducted by the Armed Forces as of the date of such

        review.
            (5) Existing mechanisms available to military

        spouses to express their views on the effectiveness and

        future direction of Department programs and policies on

        employment assistance for military spouses.
            (6) The oversight provided by the Office of

        Personnel and Management regarding preferences for

        military spouses in Federal employment.
            (7) The total funding available to the Department

        for each military spouse employment program and the

        amount obligated by the Department for each such

        program.
            (8) The number (or a reasonable estimate if a

        precise number is not available) of military spouses

        who have obtained employment following participation in

        a Department military spouse employment program, as a

        whole and for each military spouse employment program.
    (c) Comptroller General Report.--Not later than 180 days

after the date of the enactment of this Act, the Comptroller

General shall submit to the congressional defense committees a

report on the review carried out under subsection (a). The

report shall set forth the following:
            (1) The results of the review concerned.
            (2) Such clear and concrete metrics as the

        Comptroller General considers appropriate for the

        current and future evaluation and assessment of the

        efficacy and effectiveness of Department of Defense

        military spouse employment programs.
            (3) A description of the assumptions utilized in

        the review, and an assessment of the validity and

        completeness of such assumptions.
            (4) Such recommendations as the Comptroller General

        considers appropriate for improving Department military

        spouse employment programs.

  Subtitle H--Improved Sexual Assault Prevention and Response in the

                              Armed Forces

SEC. 581. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE AND

                    SERVICES OF SEXUAL ASSAULT RESPONSE COORDINATORS

                    AND SEXUAL ASSAULT VICTIM ADVOCATES.

    (a) Legal Assistance for Victims of Sexual Assault.--Not

later than 180 days after the date of the enactment of this

Act, the Secretaries of the military departments shall

prescribe regulations on the provision of legal assistance to

victims of sexual assault. Such regulations shall require that

legal assistance be provided by military or civilian legal

assistance counsel pursuant to section 1044 of title 10, United

States Code.
    (b) Assistance and Reporting.--
            (1) In general.--Chapter 80 of title 10, United

        States Code, is amended by inserting after section

        1565a the following new section:

``Sec. 1565b. Victims of sexual assault: access to legal assistance and

                    services of Sexual Assault Response Coordinators

                    and Sexual Assault Victim Advocates

    ``(a) Availability of Legal Assistance and Victim Advocate

Services.--(1) A member of the armed forces, or a dependent of

a member, who is the victim of a sexual assault may be provided

the following:
            ``(A) Legal assistance provided by military or

        civilian legal assistance counsel pursuant to section

        1044 of this title.
            ``(B) Assistance provided by a Sexual Assault

        Response Coordinator.
            ``(C) Assistance provided by a Sexual Assault

        Victim Advocate.
    ``(2) A member of the armed forces or dependent who is the

victim of sexual assault shall be informed of the availability

of assistance under paragraph (1) as soon as the member or

dependent seeks assistance from a Sexual Assault Response

Coordinator, a Sexual Assault Victim Advocate, a military

criminal investigator, a victim/witness liaison, or a trial

counsel. The member or dependent shall also be informed that

the legal assistance and the services of a Sexual Assault

Response Coordinator or a Sexual Assault Victim Advocate under

paragraph (1) are optional and may be declined, in whole or in

part, at any time.
    ``(3) Legal assistance and the services of Sexual Assault

Response Coordinators and Sexual Assault Victim Advocates under

paragraph (1) shall be available to a member or dependent

regardless of whether the member or dependent elects

unrestricted or restricted (confidential) reporting of the

sexual assault.
    ``(b) Restricted Reporting.--(1) Under regulations

prescribed by the Secretary of Defense, a member of the armed

forces, or a dependent of a member, who is the victim of a

sexual assault may elect to confidentially disclose the details

of the assault to an individual specified in paragraph (2) and

receive medical treatment, legal assistance under section 1044

of this title, or counseling, without initiating an official

investigation of the allegations.
    ``(2) The individuals specified in this paragraph are the

following:
            ``(A) A Sexual Assault Response Coordinator.
            ``(B) A Sexual Assault Victim Advocate.
            ``(C) Healthcare personnel specifically identified

        in the regulations required by paragraph (1).''.
            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 80 of such title is amended by

        inserting after the item relating to section 1565a the

        following new item:

``1565b. Victims of sexual assault: access to legal assistance and

          services of Sexual Assault Response Coordinators and Sexual

          Assault Victim Advocates.''.


SEC. 582. CONSIDERATION OF APPLICATION FOR PERMANENT CHANGE OF STATION

                    OR UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS

                    FOR VICTIM OF SEXUAL ASSAULT OR RELATED OFFENSE.

    (a) In General.--Chapter 39 of title 10, United States

Code, is amended by inserting after section 672 the following

new section:

``Sec. 673. Consideration of application for permanent change of

                    station or unit transfer for members on active duty

                    who are the victim of a sexual assault or related

                    offense

    ``(a) Timely Consideration and Action.--The Secretary

concerned shall provide for timely determination and action on

an application for consideration of a change of station or unit

transfer submitted by a member of the armed forces serving on

active duty who was a victim of a sexual assault or other

offense covered by section 920, 920a, or 920c of this title

(article 120, 120a, or 120c) so as to reduce the possibility of

retaliation against the member for reporting the sexual assault

or other offense.
    ``(b) Regulations.--The Secretaries of the military

departments shall issue regulations to carry out this section,

within guidelines provided by the Secretary of Defense. These

guidelines shall provide that the application submitted by a

member described in subsection (a) for a change of station or

unit transfer must be approved or disapproved by the member's

commanding officer within 72 hours of the submission of the

application. Additionally, if the application is disapproved by

the commanding officer, the member shall be given the

opportunity to request review by the first general officer or

flag officer in the chain of command of the member, and that

decision must be made within 72 hours of submission of the

request for review.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 672 the following new item:

``673. Consideration of application for permanent change of station or

          unit transfer for members on active duty who are the victim of

          a sexual assault or related offense.''.


SEC. 583. DIRECTOR OF SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE.

    Section 1611(a) of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10

U.S.C. 1561 note) is amended by adding before the period at the

end of the first sentence the following: ``, who shall be

appointed from among general or flag officers of the Armed

Forces or employees of the Department of Defense in a

comparable Senior Executive Service position''.

SEC. 584. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT

                    VICTIM ADVOCATES.

    (a) Assignment of Coordinators.--
            (1) Assignment requirements.--At least one full-
        time Sexual Assault Response Coordinator shall be

        assigned to each brigade or equivalent unit level of

        the armed forces. The Secretary of the military

        department concerned may assign additional Sexual

        Assault Response Coordinators as necessary based on the

        demographics or needs of the unit. An additional Sexual

        Assault Response Coordinator may serve on a full-time

        or part-time basis at the discretion of the Secretary.
            (2) Eligible persons.--On and after October 1,

        2013, only members of the armed forces and civilian

        employees of the Department of Defense may be assigned

        to duty as a Sexual Assault Response Coordinator.
    (b) Assignment of Victim Advocates.--
            (1) Assignment requirements.--At least one full-
        time Sexual Assault Victim Advocate shall be assigned

        to each brigade or equivalent unit level of the armed

        forces. The Secretary of the military department

        concerned may assign additional Victim Advocates as

        necessary based on the demographics or needs of the

        unit. An additional Victim Advocate may serve on a

        full-time or part-time basis at the discretion of the

        Secretary.
            (2) Eligible persons.--On and after October 1,

        2013, only members of the armed forces and civilian

        employees of the Department of Defense may be assigned

        to duty as a Victim Advocate.
    (c) Training and Certification.--
            (1) Training and certification program.--As part of

        the sexual assault prevention and response program, the

        Secretary of Defense shall establish a professional and

        uniform training and certification program for Sexual

        Assault Response Coordinators assigned under subsection

        (a) and Sexual Assault Victim Advocates assigned under

        subsection (b). The program shall be structured and

        administered in a manner similar to the professional

        training available for Equal Opportunity Advisors

        through the Defense Equal Opportunity Management

        Institute.
            (2) Consultation.--In developing the curriculum and

        other components of the program, the Secretary of

        Defense shall work with experts outside of the

        Department of Defense who are experts in victim

        advocacy and sexual assault prevention and response

        training.
            (3) Effective date.--On and after October 1, 2013,

        before a member or civilian employee may be assigned to

        duty as a Sexual Assault Response Coordinator under

        subsection (a) or Victim Advocate under subsection (b),

        the member or employee must have completed the training

        program required by paragraph (1) and obtained the

        certification.
    (d) Definitions.--In this section:
            (1) The term ``armed forces'' means the Army, Navy,

        Air Force, and Marine Corps.
            (2) The term ``sexual assault prevention and

        response program'' has the meaning given such term in

        section 1601(a) of the Ike Skelton National Defense

        Authorization Act for Fiscal Year 2011 (Public Law 111-
        383; 10 U.S.C. 1561 note).

SEC. 585. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL ASSAULT PREVENTION

                    AND RESPONSE PROGRAM.

    (a) Sexual Assault Prevention and Response Training and

Education.--
            (1) Development of curriculum.--Not later than one

        year after the date of the enactment of this Act, the

        Secretary of each military department shall develop a

        curriculum to provide sexual assault prevention and

        response training and education for members of the

        Armed Forces under the jurisdiction of the Secretary

        and civilian employees of the military department to

        strengthen individual knowledge, skills, and capacity

        to prevent and respond to sexual assault. In developing

        the curriculum, the Secretary shall work with experts

        outside of the Department of Defense who are experts

        sexual assault prevention and response training.
            (2) Scope of training and education.--The sexual

        assault prevention and response training and education

        shall encompass initial entry and accession programs,

        annual refresher training, professional military

        education, peer education, and specialized leadership

        training. Training shall be tailored for specific

        leadership levels and local area requirements.
            (3) Consistent training.--The Secretary of Defense

        shall ensure that the sexual assault prevention and

        response training provided to members of the Armed

        Forces and Department of Defense civilian employees is

        consistent throughout the military departments.
    (b) Inclusion in Professional Military Education.--The

Secretary of Defense shall provide for the inclusion of a

sexual assault prevention and response training module at each

level of professional military education. The training shall be

tailored to the new responsibilities and leadership

requirements of members of the Armed Forces as they are

promoted.
    (c) Inclusion in First Responder Training.--
            (1) In general.--The Secretary of Defense shall

        direct that managers of specialty skills associated

        with first responders described in paragraph (2)

        integrate sexual assault response training in initial

        and recurring training courses.
            (2) Covered first responders.--First responders

        referred to in paragraph (1) include firefighters,

        emergency medical technicians, law enforcement

        officers, military criminal investigators, healthcare

        personnel, judge advocates, and chaplains.

SEC. 586. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND

                    ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL

                    ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Comprehensive Policy on Retention and Access to

Records.--Not later than October 1, 2012, the Secretary of

Defense shall, in consultation with the Secretary of Veterans

Affairs, develop a comprehensive policy for the Department of

Defense on the retention of and access to evidence and records

relating to sexual assaults involving members of the Armed

Forces.
    (b) Objectives.--The comprehensive policy required by

subsection (a) shall include policies and procedures (including

systems of records) necessary to ensure preservation of records

and evidence for periods of time that ensure that members of

the Armed Forces and veterans of military service who were the

victims of sexual assault during military service are able to

substantiate claims for veterans benefits, to support criminal

or civil prosecutions by military or civil authorities, and for

such purposes relating to the documentation of the incidence of

sexual assault in the Armed Forces as the Secretary of Defense

considers appropriate.
    (c) Elements.--In developing the comprehensive policy

required by subsection (a), the Secretary of Defense shall

consider, at a minimum, the following matters:
            (1) Identification of records, including non-
        Department of Defense records, relating to an incident

        of sexual assault, that must be retained.
            (2) Criteria for collection and retention of

        records.
            (3) Identification of physical evidence and non-
        documentary forms of evidence relating to sexual

        assaults that must be retained.
            (4) Length of time records, including Department of

        Defense Forms 2910 and 2911, and evidence must be

        retained, except that--
                    (A) the length of time physical evidence

                and forensic evidence must be retained shall be

                not less than five years; and
                    (B) the length of time documentary evidence

                relating to sexual assaults must be retained

                shall be not less than the length of time

                investigative records relating to reports of

                sexual assaults of that type (restricted or

                unrestricted reports) must be retained.
            (5) Locations where records must be stored.
            (6) Media which may be used to preserve records and

        assure access, including an electronic systems of

        records.
            (7) Protection of privacy of individuals named in

        records and status of records under section 552 of

        title 5, United States Code (commonly referred to as

        the ``Freedom of Information Act''), section 552a of

        title 5, United States Code (commonly referred to as

        the ``Privacy Act''), restricted reporting cases, and

        laws related to privilege.
            (8) Access to records by victims of sexual assault,

        the Department of Veterans Affairs, and others,

        including alleged assailants and law enforcement

        authorities.
            (9) Responsibilities for record retention by the

        military departments.
            (10) Education and training on record retention

        requirements.
            (11) Uniform collection of data on the incidence of

        sexual assaults and on disciplinary actions taken in

        substantiated cases of sexual assault.
    (d) Uniform Application to Military Departments.--The

Secretary of Defense shall ensure that, to the maximum extent

practicable, the policy developed under subsection (a) is

implemented uniformly by the military departments.
    (e) Copy of Records of Court-martial to Victim of Sexual

Assault.--Section 854 of title 10, United States Code (article

54 of the Uniform Code of Military Justice), is amended by

adding at the end the following new subsection:
    ``(e) In the case of a general or special court-martial

involving a sexual assault or other offense covered by section

920 of this title (article 120), a copy of all prepared records

of the proceedings of the court-martial shall be given to the

victim of the offense if the victim testified during the

proceedings. The records of the proceedings shall be provided

without charge and as soon as the records are authenticated.

The victim shall be notified of the opportunity to receive the

records of the proceedings.''.

                       Subtitle I--Other Matters

SEC. 588. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL

                    RECOVERY REINTEGRATION AND POST-ISOLATION SUPPORT

                    ACTIVITIES.

    (a) In General.--Chapter 53 of title 10, United States

Code, is amended by inserting after section 1056 the following

new section:

``Sec. 1056a. Reintegration of recovered Department of Defense

                    personnel; post-isolation support activities for

                    other recovered personnel

    ``(a) Reintegration and Support Authorized.--The Secretary

of Defense may carry out the following:
            ``(1) Reintegration activities for recovered

        persons who are Department of Defense personnel.
            ``(2) Post-isolation support activities for or on

        behalf of other recovered persons who are officers or

        employees of the United States Government, military or

        civilian officers or employees of an allied or

        coalition partner of the United States, or other United

        States or foreign nationals.
    ``(b) Activities Authorized.--(1) The activities authorized

by subsection (a) for or on behalf of a recovered person may

include the following:
            ``(A) The provision of food, clothing, necessary

        medical support, and essential sundry items for the

        recovered person.
            ``(B) In accordance with regulations prescribed by

        the Secretary of Defense, travel and transportation

        allowances for not more than three family members, or

        other designated individuals, determined by the

        commander or head of a military medical treatment

        facility to be beneficial for the reintegration of the

        recovered person and whose presence may contribute to

        improving the physical and mental health of the

        recovered person.
            ``(C) Transportation or reimbursement for

        transportation in connection with the attendance of the

        recovered person at events or functions determined by

        the commander or head of a military medical treatment

        facility to contribute to the physical and mental

        health of the recovered person.
    ``(2) Medical support may be provided under paragraph

(1)(A) to a recovered person who is not a member of the armed

forces for not more than 20 days.
    ``(c) Definitions.--In this section:
            ``(1) The term `post-isolation support', in the

        case of a recovered person, means--
                    ``(A) the debriefing of the recovered

                person following a separation as described in

                paragraph (2);
                    ``(B) activities to promote or support the

                physical and mental health of the recovered

                person following such a separation; and
                    ``(C) other activities to facilitate return

                of the recovered person to military or civilian

                life as expeditiously as possible following

                such a separation.
            ``(2) The term `recovered person' means an

        individual who is returned alive from separation

        (whether as an individual or a group) while

        participating in or in association with a United

        States-sponsored military activity or mission in which

        the individual was detained in isolation or held in

        captivity by a hostile entity.
            ``(3) The term `reintegration', in the case of a

        recovered person, means--
                    ``(A) the debriefing of the recovered

                person following a separation as described in

                paragraph (2);
                    ``(B) activities to promote or support for

                the physical and mental health of the recovered

                person following such a separation; and
                    ``(C) other activities to facilitate return

                of the recovered person to military duty or

                employment with the Department of Defense as

                expeditiously as possible following such a

                separation.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of chapter 53 of such title is amended by inserting

after the item relating to section 1056 the following new item:

``1056a. Reintegration of recovered Department of Defense personnel;

          post-isolation support activities for other recovered

          personnel.''.


SEC. 589. MILITARY ADAPTIVE SPORTS PROGRAM.

    (a) Program Authorized.--Chapter 152 of title 10, United

States Code, is amended by inserting after section 2564 the

following new section:

``Sec. 2564a. Provision of assistance for adaptive sports programs for

                    members of the armed forces

    ``(a) Program Authorized.--(1) The Secretary of Defense may

establish a military adaptive sports program to support the

provision of adaptive sports programming for members of the

armed forces who are eligible to participate in adaptive sports

because of an injury or wound incurred in the line of duty in

the armed forces.
    ``(2) In establishing the military adaptive sports program,

the Secretary of Defense shall--
            ``(A) consult with the Secretary of Veterans

        Affairs; and
            ``(B) avoid duplicating programs conducted by the

        Secretary of Veterans Affairs under section 521A of

        title 38.
    ``(b) Provision of Assistance; Purpose.--(1) Under such

criteria as the Secretary of Defense may establish under the

military adaptive sports program, the Secretary may award

grants to, or enter into contracts and cooperative agreements

with, entities for the purpose of planning, developing,

managing, and implementing adaptive sports programming for

members described in subsection (a).
    ``(2) The Secretary of Defense shall use competitive

procedures to award any grant or to enter into any contract or

cooperative agreement under this subsection.
    ``(c) Use of Assistance.--Assistance provided under the

military adaptive sports program shall be used--
            ``(1) for the purposes specified in subsection (b);

        and
            ``(2) for such related activities and expenses as

        the Secretary of Defense may authorize.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 717 the following new item:

``2564a. Provision of assistance for adaptive sports programs for

          members of the armed forces.''.


SEC. 590. ENHANCEMENT AND IMPROVEMENT OF YELLOW RIBBON REINTEGRATION

                    PROGRAM.

    (a) Inclusion of Programs of Outreach in Program.--
Subsection (b) of section 582 of the National Defense

Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note)

is amended by inserting ``(including programs of outreach)''

after ``informational events and activities''.
    (b) Restatement of Functions of Center for Excellence in

Reintegration and Inclusion in Functions of Identification of

Best Practices in Programs of Outreach.--Subsection (d)(2) of

such section is amended by striking the second, third, and

fourth sentences and inserting the following: ``The Center

shall have the following functions:
                    ``(A) To collect and analyze `lessons

                learned' and suggestions from State National

                Guard and Reserve organizations with existing

                or developing reintegration programs.
                    ``(B) To assist in developing training aids

                and briefing materials and training

                representatives from State National Guard and

                Reserve organizations.
                    ``(C) To develop and implement a process

                for evaluating the effectiveness of the Yellow

                Ribbon Reintegration Program in supporting the

                health and well-being of members of the Armed

                Forces and their families throughout the

                deployment cycle described in subsection (g).
                    ``(D) To develop and implement a process

                for identifying best practices in the delivery

                of information and services in programs of

                outreach as described in subsection (j).''.
    (c) State-led Programs of Outreach.--Such section is

further amended by adding at the end the following new

subsection:
    ``(j) State-led Programs of Outreach.--The Office for

Reintegration Programs may work with the States, whether acting

through or in coordination with their National Guard and

Reserve organizations, to assist the States and such

organizations in developing and carrying out programs of

outreach for members of the Armed Forces and their families to

inform and educate them on the assistance and services

available to them under the Yellow Ribbon Reintegration

Program, including the assistance and services described in

subsection (h).''.
    (d) Scope of Activities Under Programs of Outreach.--Such

section is further amended by adding at the end the following

new subsection:
    ``(k) Scope of Activities Under Programs of Outreach.--For

purposes of this section, the activities and services provided

under programs of outreach may include personalized and

substantive care coordination services targeted specifically to

individual members of the Armed Forces and their families.''.

SEC. 591. ARMY NATIONAL MILITARY CEMETERIES.

    (a) Management Responsibilities and Oversight.--
            (1) In general.--Title 10, United States Code, is

        amended by inserting after chapter 445 the following

        new chapter:

            ``CHAPTER 446--ARMY NATIONAL MILITARY CEMETERIES

``Sec.
``4721. Authority and responsibilities of the Secretary of the Army.
``4722. Interment and inurnment policy.
``4723. Advisory committee on Arlington National Cemetery.
``4724. Executive Director.
``4725. Superintendents.
``4726. Oversight and inspections.

``Sec. 4721. Authority and responsibilities of the Secretary of the

                    Army

    ``(a) General Authority.--The Secretary of the Army shall

develop, operate, manage, administer, oversee, and fund the

Army National Military Cemeteries specified in subsection (b)

in a manner and to standards that fully honor the service and

sacrifices of the deceased members of the armed forces buried

or inurned in the Cemeteries.
    ``(b) Army National Military Cemeteries.--The Army National

Military Cemeteries (in this chapter referred to as the

`Cemeteries') consist of the following:
            ``(1) Arlington National Cemetery in Arlington,

        Virginia.
            ``(2) The United States Soldiers' and Airmen's Home

        National Cemetery in the District of Colombia.
    ``(c) Administrative Jurisdiction.--The Cemeteries shall be

under the jurisdiction of Headquarters, Department of the Army.
    ``(d) Regulations and Other Policies.--The Secretary of the

Army shall prescribe such regulations and policies as may be

necessary to administer the Cemeteries.
    ``(e) Budgetary and Reporting Requirements.--The Secretary

of the Army shall submit to the congressional defense

committees and the Committees on Veterans' Affairs of the

Senate and House of Representatives an annual budget request

(and detailed justifications for the amount of the request) to

fund administration, operation and maintenance, and

construction related to the Cemeteries. The Secretary may

include, as necessary, proposals for new or amended statutory

authority related to the Cemeteries.

``Sec. 4722. Interment and inurnment policy

    ``(a) Eligibility Determinations Generally.--(1) The

Secretary of the Army, with the approval of the Secretary of

Defense, shall determine eligibility for interment or inurnment

in the Cemeteries.
    ``(2) The Secretary of the Army, with the approval of the

Secretary of Defense, shall establish policy and procedures for

reviewing and determining requests for exceptions to interment

and inurnment eligibility policy, which shall include a

requirement, before granting the request for an exception, for

notification of the Committees on Armed Services and the

Committees on Veterans Affairs of the Senate and the House of

Representatives.
    ``(b) Removal of Remains.--Under such regulations as the

Secretary of the Army may prescribe under section 4721(d) of

this title, the Secretary of the Army may authorize the removal

of the remains of a person described in subsection (c) from one

of the Cemeteries for re-interment or re-inurnment if, upon the

death of the primary person eligible for interment or inurnment

in the Cemeteries, the deceased primary eligible person will

not be buried in the same or an adjoining grave.
    ``(c) Covered Persons.--Except as provided in subsection

(d), the persons whose remains may be removed pursuant to

subsection (b) are the deceased spouse, a minor child, and, in

the discretion of the Secretary of the Army, an unmarried adult

child of a member eligible for interment or inurnment in the

Cemeteries.
    ``(d) Exceptions.--The remains of a person described in

subsection (c) may not be removed from one of the Cemeteries

under subsection (b) if the primary person eligible for burial

in the Cemeteries is a person--
            ``(1) who is missing in action;
            ``(2) whose remains have not been recovered or

        identified;
            ``(3) whose remains were buried at sea, whether by

        the choice of the person or otherwise;
            ``(4) whose remains were donated to science; or
            ``(5) whose remains were cremated and whose ashes

        were scattered without interment of any portion of the

        ashes.

``Sec. 4723. Advisory committee on Arlington National Cemetery

    ``(a) Appointment.--The Secretary of the Army shall appoint

an advisory committee on Arlington National Cemetery.
    ``(b) Role.--The Secretary of the Army shall advise and

consult with the advisory committee with respect to the

administration of Arlington National Cemetery, the erection of

memorials at the cemetery, and master planning for the

cemetery.
    ``(c) Reports and Recommendations.--The advisory committee

shall make periodic reports and recommendations to the

Secretary of the Army.
    ``(d) Submission to Congress.--Not later than 90 days after

receiving a report or recommendations from the advisory

committee under subsection (c), the Secretary of the Army shall

submit the report or recommendations to the congressional

defense committees and the Committees on Veterans' Affairs of

the Senate and House of Representatives and include such

comments and recommendations of the Secretary as the Secretary

considers appropriate.

``Sec. 4724. Executive Director

    ``(a) Appointment and Qualifications.--(1) There shall be

an Executive Director of the Army National Military Cemeteries

who shall meet such professional qualifications as may be

established by the Secretary of the Army.
    ``(2) The Executive Director reports directly to the

Secretary.
    ``(b) Responsibilities.--The Executive Director is

responsible for the following:
            ``(1) Exercising authority, direction and control

        over all aspects of the Cemeteries.
            ``(2) Establishing and maintaining full

        accountability for all gravesites and inurnment niches

        in the Cemeteries.
            ``(3) Oversight of the construction, operation and

        maintenance, and repair of the buildings, structures,

        and utilities of the Cemeteries.
            ``(4) Acquisition and maintenance of real property

        and interests in real property for the Cemeteries.
            ``(5) Planning and conducting private ceremonies at

        the Cemeteries, including funeral and memorial services

        for interment and inurnment, and planning and

        conducting public ceremonies, as directed by the

        Secretary of the Army.
            ``(6) Formulating, promulgating, administering, and

        overseeing policies and addressing proposals for the

        placement of memorials and monuments in the Cemeteries.
            ``(7) Formulating and implementing a master plan

        for Arlington National Cemetery that, at a minimum,

        addresses interment and inurnment capacity, visitor

        accommodation, operation and maintenance, capital

        requirements, preservation of the cemetery's special

        features, and other matters the Executive Director

        considers appropriate.
            ``(8) Overseeing the programming, planning,

        budgeting, and execution of funds authorized and

        appropriated for the Cemeteries.
            ``(9) Providing recommendations regarding any

        request for an exception to interment and inurnment

        eligibility policy.
            ``(10) Supervising the superintendents of the

        Cemeteries.

``Sec. 4725. Superintendents

    ``(a) Appointment and Qualifications.--An individual

serving as the superintendent of one of the Cemeteries should

have, as determined by the Secretary of the Army--
            ``(1) experience in the administration, management,

        and operation of cemeteries under the jurisdiction of

        the National Cemeteries System administered by the

        Department of Veterans Affairs; or
            ``(2) experience in the administration, management,

        and operation of large civilian cemeteries equivalent

        to the experience described in paragraph (1).
    ``(b) Duties.--The superintendents of the Cemeteries report

directly to the Executive Director and performs such duties and

responsibilities as the Executive Director prescribes.

``Sec. 4726. Oversight and inspections

    ``(a) Inspections Required.--The Secretary of the Army

shall provide for the oversight of the Cemeteries to ensure the

highest quality standards are maintained by providing for the

periodic inspection of the administration, operation and

maintenance, and construction elements applicable to the

Cemeteries. The inspections shall be conducted by personnel of

the Department of the Army with the assistance, as the

Secretary considers appropriate, of personnel from other

Federal agencies and civilian experts.
    ``(b) Submission of Results.--Not later than 120 days after

the completion of an inspection conducted under subsection (a),

the Secretary of the Army shall submit to the congressional

defense committees a report containing the results of the

inspection and recommendations and a plan for corrective

actions to be taken in response to the inspection.''.
            (2) Table of chapters.--The table of chapters at

        the beginning of subtitle B of such title and at the

        beginning of part IV of such subtitle are amended by

        inserting after the item relating to chapter 445 the

        following new item:

``446. Army National Military Cemeteries.........................4721''.


    (b) Digitization of Arlington National Cemetery Interment

and Inurnment Records.--
            (1) Deadline for conversion and use.--Not later

        than June 1, 2012, all records related to interments

        and inurnments at Arlington National Cemetery shall be

        converted to a digitized format. Thereafter, use of the

        digitized format shall be the method by which all

        subsequent records related to interments and inurnments

        at Arlington National Cemetery are preserved and

        utilized.
            (2) Digitized format defined.--In this subsection,

        the term ``digitized format'' refers to the use of an

        electronic database for recordkeeping and includes the

        full accounting of all records of each specific

        gravesite and niche location at Arlington National

        Cemetery and the identification of the individual

        interred or inurned at each specific gravesite and

        niche location.
    (c) Additional Inspection Requirement.--During fiscal years

2013 and 2015, the Inspector General of the Department of

Defense shall conduct an inspection of--
            (1) Arlington National Cemetery in Arlington,

        Virginia; and
            (2) the United States Soldiers' and Airmen's Home

        National Cemetery in the District of Colombia.

SEC. 592. INSPECTION OF MILITARY CEMETERIES UNDER JURISDICTION OF THE

                    MILITARY DEPARTMENTS.

    (a) Inspection and Recommendations Required.--The Inspector

General of each military department shall conduct an inspection

of each military cemetery under the jurisdiction of that

military department and, based on the findings of those

inspections, make recommendations for the regulation,

management, oversight, and operation of the military

cemeteries.
    (b) Elements of Inspection.--The inspection of military

cemeteries conducted by the Inspector General of a military

department under subsection (a) shall include an assessment of

the following:
            (1) The adequacy of the statutes, policies, and

        regulations governing the management, oversight,

        operations, and interments or inurnments (or both) by

        the military cemeteries under the jurisdiction of that

        military department and the adherence of such military

        cemeteries to such statutes, policies, and regulations.
            (2) The system employed to fully account for and

        accurately identify the remains interred or inurned in

        such military cemeteries.
            (3) The contracts and contracting processes and

        oversight of those contracts and processes with regard

        to compliance with Department of Defense and military

        department guidelines.
            (4) The history and adequacy of the oversight

        conducted by the Secretary of the military department

        over such military cemeteries and the adequacy of

        corrective actions taken as a result of that oversight.
            (5) The statutory and policy guidance governing the

        authorization for the Secretary of the military

        department to operate such military cemeteries and an

        assessment of the budget and appropriations structure

        and history of such military cemeteries.
            (6) Such other matters as the Inspector General

        considers to be appropriate.
    (c) Inspection of Additional Cemeteries.--
            (1) Inspection required.--In addition to the

        inspections required by subsection (a), the Inspector

        General of the Department of Defense shall conduct an

        inspection of a statistically valid sample of

        cemeteries located at current or former military

        installations inside and outside the United States that

        are under the jurisdiction of the military departments

        for the purpose of obtaining an assessment of the

        adequacy of and adherence to the statutes, policies,

        and regulations governing the management, oversight,

        operations, and interments or inurnments (or both) by

        those cemeteries.
            (2) Exclusion.--Paragraph (1) does not apply to the

        cemeteries maintained by the American Battle Monuments

        Commission and the military cemeteries identified in

        subsection (e).
    (d) Submission of Inspection Results and Corrective Action

Plans.--
            (1) Military cemetery inspections.--Not later than

        May 15, 2012, the Secretaries of the military

        departments shall submit to the Committees on Armed

        Services of the Senate and the House of Representatives

        a report containing--
                    (A) the findings of the inspections of the

                military cemeteries conducted under subsection

                (a);
                    (B) the recommendations of the Inspectors

                General of the military departments based on

                such inspections; and
                    (C) a plan for corrective action.
            (2) Inspection of additional cemeteries.--Not later

        than December 31, 2012, the Inspector General of the

        Department of Defense shall submit to the Committees on

        Armed Services of the Senate and the House of

        Representatives a report containing the findings of the

        inspections conducted under subsection (c) and the

        recommendations of the Inspector General based on such

        inspections. Not later than April 1, 2013, the

        Secretaries of the military departments shall submit to

        such committees a plan for corrective action.
    (e) Military Cemetery Defined.--In subsections (a) and (b),

the term ``military cemetery'' means the cemeteries that are

under the jurisdiction of a Secretary of a military department

at the following locations:
            (1) The United States Military Academy.
            (2) The United States Naval Academy.
            (3) The United States Air Force Academy.

SEC. 593. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS

                    FOR CAPTAIN FREDRICK L. SPAULDING FOR ACTS OF VALOR

                    DURING THE VIETNAM WAR.

    (a) Authorization.--Notwithstanding the time limitations

specified in section 3744 of title 10, United States Code, or

any other time limitation with respect to the awarding of

certain medals to persons who served in the Armed Forces, the

Secretary of the Army is authorized to award the Distinguished

Service Cross under section 3742 of such title to Captain

Fredrick L. Spaulding for acts of valor during the Vietnam War

described in subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to

in subsection (a) are the actions of Fredrick L. Spaulding, on

July 23, 1970, as a member of the United States Army serving in

the grade of Captain in the Republic of Vietnam while assigned

with Headquarters and Headquarters Company, 3d Brigade, 101st

Airborne Division.

SEC. 594. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO EMIL

                    KAPAUN FOR ACTS OF VALOR DURING THE KOREAN WAR.

    (a) Authorization.--Notwithstanding the time limitations

specified in section 3744 of title 10, United States Code, or

any other time limitation with respect to the awarding of

certain medals to persons who served in the Armed Forces, the

President is authorized and requested to award the Medal of

Honor posthumously under section 3741 of such title to Emil

Kapaun for the acts of valor during the Korean War described in

subsection (b).
    (b) Acts of Valor Described.--The acts of valor referred to

in subsection (a) are the actions of then Captain Emil Kapaun

as a member of the 8th Cavalry Regiment during the Battle of

Unsan on November 1 and 2, 1950, and while a prisoner of war

until his death on May 23, 1951, during the Korean War.

SEC. 595. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH AMERICAN

                    WORLD WAR I VETERANS.

    (a) Review Required.--The Secretary of the Army and the

Secretary of the Navy shall review the service of each Jewish

American World War I veteran described in subsection (b) to

determine whether such veteran should be posthumously awarded

the Medal of Honor.
    (b) Covered Jewish American War Veterans.--The Jewish

American World War I veterans whose service is to be reviewed

under subsection (a) are any Jewish American World War I

veterans awarded the Distinguished Service Cross or the Navy

Cross for heroism during World War I and whose name and

supporting material for upgrade of the award are submitted to

the Secretary concerned for such purpose before the end of the

one-year period beginning on the date of the enactment of this

Act.
    (c) Recommendation Based on Review.--If the Secretary

concerned determines, based upon the review under subsection

(a) that the award of the Medal of Honor to a veteran is

warranted, the Secretary shall submit to the Secretary of

Defense a recommendation that the Medal of Honor be awarded

posthumously to the veteran.
    (d) World War I Defined.--In this section, the term ``World

War I'' means the period beginning on April 6, 1917, and ending

on November 11, 1918.

SEC. 596. REPORT ON PROCESS FOR EXPEDITED DETERMINATION OF DISABILITY

                    OF MEMBERS OF THE ARMED FORCES WITH CERTAIN

                    DISABLING CONDITIONS.

    (a) In General.--Not later than September 1, 2012, the

Secretary of Defense shall submit to the congressional defense

committees a report setting forth an assessment of the

feasibility and advisability of the establishment by the

military departments of a process to expedite the determination

of disability with respect to members of the Armed Forces,

including regular members and members of the reserve

components, who suffer from certain disabling diseases or

conditions. If the establishment of such a process is

considered feasible and advisable, the report shall set forth

such recommendations for legislative and administrative action

as the Secretary considers appropriate for the establishment of

such process.
    (b) Requirements for Report.--
            (1) Evaluation of appropriate elements of similar

        federal programs.--In preparing the report required by

        subsection (a), the Secretary of Defense shall evaluate

        elements of programs for expedited determinations of

        disability that are currently carried out by other

        departments and agencies of the Federal Government,

        including the Quick Disability Determination program

        and the Compassionate Allowances program of the Social

        Security Administration.
            (2) Consultation.--The Secretary of Defense shall

        conduct the study in consultation with the Secretary of

        Veterans Affairs.

SEC. 597. COMPTROLLER GENERAL STUDY OF MILITARY NECESSITY OF SELECTIVE

                    SERVICE SYSTEM AND ALTERNATIVES.

    (a) Study Required.--The Comptroller General of the United

States shall conduct a study--
            (1) to assess the necessity of the Selective

        Service System to the Department of Defense in meeting

        future military manpower requirements that are in

        excess of the ability of the all-volunteer force; and
            (2) to determine the fiscal and national security

        impacts of--
                    (A) disestablishing the Selective Service

                System;
                    (B) putting the Selective Service System

                into a deep standby mode, defined as retaining

                only personnel sufficient to conduct necessary

                functions, to include maintaining the

                registration database; and
                    (C) requiring the Department of Defense, or

                other Federal department, upon disestablishment

                of the Selective Service System and repeal of

                registration requirements, to assume

                responsibility for securing the Selective

                Service System registration data bases, and

                keeping them updated.
    (b) Additional Considerations for Each Option.--As part of

considering the impacts of disestablishment of the Selective

Service System, putting it into a deep standby mode, or

transferring responsibilities as described in subsection

(a)(2)(C), the Comptroller General shall provide for each

option--
            (1) an estimate of the annual cost or savings of

        each option to the Federal government; and
            (2) the feasibility, cost, and time required for

        each option--
                    (A) to reestablish the capability to meet

                the Selective Service System mission, as it

                existed before disestablishment; and
                    (B) to provide the Department of Defense

                the required number of conscripts for training,

                should conscription be authorized by Congress.
    (c) Special Considerations Regarding Registration.--The

study shall also include an assessment of the feasibility,

cost, and time required to meet registration requirements by--
            (1) using existing Federal and State government

        institutions as an alternative to Selective Service

        registration to maintain an accurate, comprehensive

        database of Americans who, according to existing

        Selective Service System registration requirements,

        would be subject to conscription should conscription be

        authorized; and
            (2) integrating various alternative registration

        databases for use in connection with conscription and

        provide a means to keep updated and accurate the

        Selective Service System database under each of the

        options described in subsection (a)(2).
    (d) Submission of Results.--Not later than May 1, 2012, the

Comptroller General shall submit the Committees on Armed

Services of the Senate and House of Representatives a report

containing the results of the study.

SEC. 598. EVALUATION OF ISSUES AFFECTING DISPOSITION OF REMAINS OF

                    AMERICAN SAILORS KILLED IN THE EXPLOSION OF THE

                    KETCH U.S.S. INTREPID IN TRIPOLI HARBOR ON

                    SEPTEMBER 4, 1804.

    (a) Evaluation Required.--Not later than 270 days after the

date of the enactment of this Act, the Secretary of Defense and

the Secretary of the Navy shall conduct an evaluation of the

following issues with respect to the disposition of the remains

of American sailors killed in the explosion of the ketch U.S.S.

Intrepid in Tripoli Harbor on September 4, 1804:
            (1) The feasibility of recovery of the remains

        based on historical information, factual

        considerations, costs, and precedential effect.
            (2) The ability to make identifications of the

        remains within a two-year period based on conditions

        and facts that would have to exist for positive

        scientific identification of the remains.
            (3) The diplomatic and inter-governmental issues

        that would have to be addressed in order to provide for

        exhuming and removing the remains consistent with the

        sovereignty of the Libyan government.
    (b) Participation and Consultation.--The Secretary of

Defense and the Secretary of the Navy shall conduct the

evaluation under subsection (a) with the participation of the

Defense POW/Missing Personnel Office and the Joint POW/MIA

Accounting Command and in consultation with the Secretary of

State.
    (c) Submission of Recommendation.--Upon completion of the

evaluation as required by subsection (a), the Secretary of

Defense and the Secretary of State shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives their recommendation regarding the proposal to

exhume, identify, and relocate the remains of the American

sailors referred to in such subsection and the reasons

supporting their recommendation.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Resumption of authority to provide temporary increase in rates

          of basic allowance for housing under certain circumstances.
Sec. 602. Lodging accommodations for members assigned to duty in

          connection with commissioning or fitting out of a ship.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay

          authorities for reserve forces.
Sec. 612. One-year extension of certain bonus and special pay

          authorities for health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for

          nuclear officers.
Sec. 614. One-year extension of authorities relating to title 37

          consolidated special pay, incentive pay, and bonus

          authorities.
Sec. 615. One-year extension of authorities relating to payment of other

          title 37 bonuses and special pays.
Sec. 616. Modification of qualifying period for payment of hostile fire

          and imminent danger special pay and hazardous duty special

          pay.

       Subtitle C--Travel and Transportation Allowances Generally

Sec. 621. One-year extension of authority to reimburse travel expenses

          for inactive-duty training outside of normal commuting

          distance.

   Subtitle D--Consolidation and Reform of Travel and Transportation

                               Authorities

Sec. 631. Consolidation and reform of travel and transportation

          authorities of the uniformed services.
Sec. 632. Transition provisions.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

                             and Operations

Sec. 641. Discretion of the Secretary of the Navy to select categories

          of merchandise to be sold by ship stores afloat.
Sec. 642. Access of military exchange stores system to credit available

          through Federal Financing Bank.
Sec. 643. Designation of Fisher House for the Families of the Fallen and

          Meditation Pavilion, Dover Air Force Base, Delaware, as a

          Fisher House.

        Subtitle F--Disability, Retired Pay and Survivor Benefits

Sec. 651. Death gratuity and related benefits for Reserves who die

          during an authorized stay at their residence during or between

          successive days of inactive duty training.

                        Subtitle G--Other Matters

Sec. 661. Report on basic allowance for housing for National Guard

          members transitioning between active duty and full-time

          National Guard duty.
Sec. 662. Report on incentives for recruitment and retention of health

          care professionals.

                     Subtitle A--Pay and Allowances

SEC. 601. RESUMPTION OF AUTHORITY TO PROVIDE TEMPORARY INCREASE IN

                    RATES OF BASIC ALLOWANCE FOR HOUSING UNDER CERTAIN

                    CIRCUMSTANCES.

    Section 403(b)(7)(E) of title 37, United States Code, is

amended by striking ``December 31, 2009'' and inserting

``December 31, 2012''.

SEC. 602. LODGING ACCOMMODATIONS FOR MEMBERS ASSIGNED TO DUTY IN

                    CONNECTION WITH COMMISSIONING OR FITTING OUT OF A

                    SHIP.

    (a) Extension to Precommissioning Unit Sailors.--Subsection

(a) of section 7572 of title 10, United States Code, is

amended--
            (1) by inserting ``or assigned to duty in

        connection with commissioning or fitting out of a

        ship'' after ``sea duty''; and
            (2) by inserting ``, because the ship is under

        construction and is not yet habitable,'' after

        ``because of repairs,''.
    (b) Extension to Enlisted Members.--Subsection (d) of such

section is amended--
            (1) in paragraph (1)--
                    (A) by striking ``After the expiration of

                the authority provided in subsection (b), an

                officer'' and inserting ``A member'';
                    (B) by striking ``officer's quarters'' and

                inserting ``member's quarters'';
                    (C) by striking ``obtaining quarters'' and

                inserting ``obtaining housing''; and
                    (D) by striking ``the officer'' and

                inserting ``the member'';
            (2) in paragraph (2)--
                    (A) by striking ``an officer'' both places

                it appears and inserting ``a member'';
                    (B) by striking ``quarters'' and inserting

                ``housing''; and
                    (C) by striking ``officer's grade'' and

                inserting ``member's grade''; and
            (3) in paragraph (3)--
                    (A) by striking ``an officer'' and

                inserting ``a member''; and
                    (B) by striking ``quarters'' and inserting

                ``housing''.
    (c) Shipyards Affected by BRAC 2005.--Such section is

further amended by adding at the end the following new

subsection:
    ``(e)(1) The Secretary may reimburse a member of the naval

service assigned to duty in connection with commissioning or

fitting out of a ship in Pascagoula, Mississippi, or Bath,

Maine, who is deprived of quarters on board a ship because the

ship is under construction and is not yet habitable, or because

of other conditions that make the member's quarters

uninhabitable, for expenses incurred in obtaining housing, but

only when the Navy is unable to furnish the member with lodging

accommodations under subsection (a).
    ``(2) The total amount that a member may be reimbursed

under this subsection may not exceed an amount equal to the

basic allowance for housing of a member without dependents of

that member's grade.
    ``(3) A member without dependents, or a member who resides

with dependents while assigned to duty in connection with

commissioning or fitting out of a ship at one of the locations

specified in paragraph (1), may not be reimbursed under this

subsection.
    ``(4) The Secretary may prescribe regulations to carry out

this subsection.''.
    (d) Conforming Amendments.--
            (1) Section heading.--The heading of such section

        is amended to read as follows:

``Sec. 7572. Quarters: accommodations in place for members on sea duty

                    or assigned to duty in connection with

                    commissioning or fitting out of a ship''.

            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 649 of such title is amended

        by striking the item relating to section 7572 and

        inserting the following new item:

``7572. Quarters: accommodations in place for members on sea duty or

          assigned to duty in connection with commissioning or fitting

          out of a ship.''.

           Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY

                    AUTHORITIES FOR RESERVE FORCES.

    The following sections of title 37, United States Code, are

amended by striking ``December 31, 2011'' and inserting

``December 31, 2012'':
            (1) Section 308b(g), relating to Selected Reserve

        reenlistment bonus.
            (2) Section 308c(i), relating to Selected Reserve

        affiliation or enlistment bonus.
            (3) Section 308d(c), relating to special pay for

        enlisted members assigned to certain high-priority

        units.
            (4) Section 308g(f)(2), relating to Ready Reserve

        enlistment bonus for persons without prior service.
            (5) Section 308h(e), relating to Ready Reserve

        enlistment and reenlistment bonus for persons with

        prior service.
            (6) Section 308i(f), relating to Selected Reserve

        enlistment and reenlistment bonus for persons with

        prior service.
            (7) Section 910(g), relating to income replacement

        payments for reserve component members experiencing

        extended and frequent mobilization for active duty

        service.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAY

                    AUTHORITIES FOR HEALTH CARE PROFESSIONALS.

    (a) Title 10 Authorities.--The following sections of title

10, United States Code, are amended by striking ``December 31,

2011'' and inserting ``December 31, 2012'':
            (1) Section 2130a(a)(1), relating to nurse officer

        candidate accession program.
            (2) Section 16302(d), relating to repayment of

        education loans for certain health professionals who

        serve in the Selected Reserve.
    (b) Title 37 Authorities.--The following sections of title

37, United States Code, are amended by striking ``December 31,

2011'' and inserting ``December 31, 2012'':
            (1) Section 302c-1(f), relating to accession and

        retention bonuses for psychologists.
            (2) Section 302d(a)(1), relating to accession bonus

        for registered nurses.
            (3) Section 302e(a)(1), relating to incentive

        special pay for nurse anesthetists.
            (4) Section 302g(e), relating to special pay for

        Selected Reserve health professionals in critically

        short wartime specialties.
            (5) Section 302h(a)(1), relating to accession bonus

        for dental officers.
            (6) Section 302j(a), relating to accession bonus

        for pharmacy officers.
            (7) Section 302k(f), relating to accession bonus

        for medical officers in critically short wartime

        specialties.
            (8) Section 302l(g), relating to accession bonus

        for dental specialist officers in critically short

        wartime specialties.

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR

                    NUCLEAR OFFICERS.

    The following sections of title 37, United States Code, are

amended by striking ``December 31, 2011'' and inserting

``December 31, 2012'':
            (1) Section 312(f), relating to special pay for

        nuclear-qualified officers extending period of active

        service.
            (2) Section 312b(c), relating to nuclear career

        accession bonus.
            (3) Section 312c(d), relating to nuclear career

        annual incentive bonus.

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 37

                    CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND BONUS

                    AUTHORITIES.

    The following sections of title 37, United States Code, are

amended by striking ``December 31, 2011'' and inserting

``December 31, 2012'':
            (1) Section 331(h), relating to general bonus

        authority for enlisted members.
            (2) Section 332(g), relating to general bonus

        authority for officers.
            (3) Section 333(i), relating to special bonus and

        incentive pay authorities for nuclear officers.
            (4) Section 334(i), relating to special aviation

        incentive pay and bonus authorities for officers.
            (5) Section 335(k), relating to special bonus and

        incentive pay authorities for officers in health

        professions.
            (6) Section 351(h), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or

        special duty pay.
            (8) Section 353(i), relating to skill incentive pay

        or proficiency bonus.
            (9) Section 355(h), relating to retention

        incentives for members qualified in critical military

        skills or assigned to high priority units.

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF

                    OTHER TITLE 37 BONUSES AND SPECIAL PAYS.

    The following sections of title 37, United States Code, are

amended by striking ``December 31, 2011'' and inserting

``December 31, 2012'':
            (1) Section 301b(a), relating to aviation officer

        retention bonus.
            (2) Section 307a(g), relating to assignment

        incentive pay.
            (3) Section 308(g), relating to reenlistment bonus

        for active members.
            (4) Section 309(e), relating to enlistment bonus.
            (5) Section 324(g), relating to accession bonus for

        new officers in critical skills.
            (6) Section 326(g), relating to incentive bonus for

        conversion to military occupational specialty to ease

        personnel shortage.
            (7) Section 327(h), relating to incentive bonus for

        transfer between armed forces.
            (8) Section 330(f), relating to accession bonus for

        officer candidates.

SEC. 616. MODIFICATION OF QUALIFYING PERIOD FOR PAYMENT OF HOSTILE FIRE

                    AND IMMINENT DANGER SPECIAL PAY AND HAZARDOUS DUTY

                    SPECIAL PAY.

    (a) Hostile Fire and Imminent Danger Pay.--Section 310 of

title 37, United States Code, is amended--
            (1) in subsection (a), by striking ``for any month

        or portion of a month'' and inserting ``for any day or

        portion of a day'';
            (2) by striking subsection (b) and inserting the

        following new subsection (b):
    ``(b) Special Pay Amount.--(1) Except as provided in

paragraph (2), the amount of special pay authorized by

subsection (a) for a day or portion of a day shall be the

amount equal to 1/30th of the monthly amount of basic pay or

compensation payable to the member for the month in which the

exposure occurs.
    ``(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) in an amount not to exceed the amount that would be payable

to the member under paragraph (1) for 30 days of exposure. The

total amount paid a member under this paragraph in any month

may not exceed the amount that would be payable under paragraph

(1) for 30 days of exposure.'';
            (3) in subsection (c)(1), by inserting ``for any

        day (or portion of a day) of'' before ``not more than

        three additional months''; and
            (4) in subsection (d)(2), by striking ``any month''

        and inserting ``any day''.
    (b) Hazardous Duty Pay.--Section 351(c)(2) of such title is

amended by striking ``receipt of hazardous duty pay,'' and all

that follows and inserting ``receipt of hazardous duty pay--
                    ``(A) in the case of hazardous duty pay

                payable under paragraph (1) of subsection (a),

                the Secretary concerned--
                            ``(i) shall prorate the payment

                        amount to reflect the duration of the

                        member's actual qualifying service

                        during the month; or
                            ``(ii) in the case of a member who

                        is exposed to hostile fire or an

                        explosion of a hostile explosive device

                        in or for a day or portion of a day,

                        may, at the election of the Secretary,

                        pay the member hazardous duty pay in an

                        amount not to exceed the entire amount

                        of hazardous duty pay that would be

                        payable to the member under such

                        paragraph (1) for the month in which

                        the duty concerned occurs (with the

                        total amount of hazardous duty pay paid

                        the member under this clause in any

                        given month not to exceed such entire

                        amount); and
                    ``(B) in the case of hazardous duty pay

                payable under paragraph (2) or (3) of

                subsection (a), the Secretary concerned may

                prorate the payment amount to reflect the

                duration of the member's actual qualifying

                service during the month.''.

       Subtitle C--Travel and Transportation Allowances Generally

SEC. 621. ONE-YEAR EXTENSION OF AUTHORITY TO REIMBURSE TRAVEL EXPENSES

                    FOR INACTIVE-DUTY TRAINING OUTSIDE OF NORMAL

                    COMMUTING DISTANCE.

    Section 408a(e) of title 37, United States Code, is amended

by striking ``December 31, 2011'' and inserting ``December 31,

2012''.

   Subtitle D--Consolidation and Reform of Travel and Transportation

                              Authorities

SEC. 631. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION

                    AUTHORITIES OF THE UNIFORMED SERVICES.

    (a) Purpose.--This section establishes general travel and

transportation provisions for members of the uniformed services

and other travelers authorized to travel under official

conditions. Recognizing the complexities and the changing

nature of travel, the amendments made by this section provide

the Secretary of Defense and the other administering

Secretaries with the authority to prescribe and implement

travel and transportation policy that is simple, clear,

efficient, and flexible, and that meets mission and

servicemember needs, while realizing cost savings that should

come with a more efficient and less cumbersome system for

travel and transportation.
    (b) Consolidated Authorities.--Title 37, United States

Code, is amended by inserting after chapter 7 the following new

chapter:

           ``CHAPTER 8--TRAVEL AND TRANSPORTATION ALLOWANCES

``Sec.

      ``subchapter i--travel and transportation authorities--new law

``451. Definitions.
``452. Allowable travel and transportation: general authorities.
``453. Allowable travel and transportation: specific authorities.
``454. Travel and transportation: pilot programs.
``455. Appropriations for travel: may not be used for attendance at

          certain meetings.

                ``subchapter ii--administrative provisions

``461. Relationship to other travel and transportation authorities.
``462. Travel and transportation allowances paid to members that are

          unauthorized or in excess of authorized amounts: requirement

          for repayment.
``463. Program of compliance; electronic processing of travel claims.
``464. Regulations.

     ``subchapter iii--travel and transportation authorities--old law

``471. Travel authorities transition expiration date.
``472. Definitions and other incorporated provisions of chapter 7.
``474. Travel and transportation allowances: general.
``474a. Travel and transportation allowances: temporary lodging

          expenses.
``474b. Travel and transportation allowances: payment of lodging

          expenses at temporary duty location during authorized absence

          of member.
``475. Travel and transportation allowances: per diem while on duty

          outside the continental United States.
``475a. Travel and transportation allowances: departure allowances.
``476. Travel and transportation allowances: dependents; baggage and

          household effects.
``476a. Travel and transportation allowances: authorized for travel

          performed under orders that are canceled, revoked, or

          modified.
``476b. Travel and transportation allowances: members of the uniformed

          services attached to a ship overhauling or inactivating.
``476c. Travel and transportation allowances: members assigned to a

          vessel under construction.
``477. Travel and transportation allowances: dislocation allowance.
``478. Travel and transportation allowances: travel within limits of

          duty station.
``478a. Travel and transportation allowances: inactive duty training

          outside of the normal commuting distances.
``479. Travel and transportation allowances: house trailers and mobile

          homes.
``480. Travel and transportation allowances: miscellaneous categories.
``481. Travel and transportation allowances: administrative provisions.
``481a. Travel and transportation allowances: travel performed in

          connection with convalescent leave.
``481b. Travel and transportation allowances: travel performed in

          connection with leave between consecutive overseas tours.
``481c. Travel and transportation allowances: travel performed in

          connection with rest and recuperative leave from certain

          stations in foreign countries.
``481d. Travel and transportation allowances: transportation incident to

          personal emergencies for certain members and dependents.
``481e. Travel and transportation allowances: transportation incident to

          certain emergencies for members performing temporary duty.
``481f. Travel and transportation allowances: transportation for

          survivors of deceased member to attend the member's burial

          ceremonies.
``481h. Travel and transportation allowances: transportation of

          designated individuals incident to hospitalization of members

          for treatment of wounds, illness, or injury.
``481i. Travel and transportation allowances: parking expenses.
``481j. Travel and transportation allowances: transportation of family

          members incident to the repatriation of members held captive.
``481k. Travel and transportation allowances: non-medical attendants for

          members determined to be very seriously or seriously wounded,

          ill, or injured.
``481l. Travel and transportation allowances: attendance of members and

          others at Yellow Ribbon Reintegration Program events.
``484. Travel and transportation: dependents of members in a missing

          status; household and personal effects; trailers; additional

          movements; motor vehicles; sale of bulky items; claims for

          proceeds; appropriation chargeable.
``488. Allowance for recruiting expenses.
``489. Travel and transportation allowances: minor dependent schooling.
``490. Travel and transportation: dependent children of members

          stationed overseas.
``491. Benefits for certain members assigned to the Defense Intelligence

          Agency.
``492. Travel and transportation: members escorting certain dependents.
``494. Subsistence reimbursement relating to escorts of foreign arms

          control inspection teams.
``495. Funeral honors duty: allowance.

     ``SUBCHAPTER I--TRAVEL AND TRANSPORTATION AUTHORITIES--NEW LAW

``Sec. 451. Definitions

    ``(a) Definitions Relating to Persons.--In this subchapter

and subchapter II:
            ``(1) The term `administering Secretary' or

        `administering Secretaries' means the following:
                    ``(A) The Secretary of Defense, with

                respect to the armed forces (including the

                Coast Guard when it is operating as a service

                in the Navy).
                    ``(B) The Secretary of Homeland Security,

                with respect to the Coast Guard when it is not

                operating as a service in the Navy.
                    ``(C) The Secretary of Commerce, with

                respect to the National Oceanic and Atmospheric

                Administration.
                    ``(D) The Secretary of Health and Human

                Services, with respect to the Public Health

                Service.
            ``(2) The term `authorized traveler' means a person

        who is authorized travel and transportation allowances

        when performing official travel ordered or authorized

        by the administering Secretary. Such term includes the

        following:
                    ``(A) A member of the uniformed services.
                    ``(B) A family member of a member of the

                uniformed services.
                    ``(C) A person acting as an escort or

                attendant for a member or family member who is

                traveling on official travel or is traveling

                with the remains of a deceased member.
                    ``(D) A person who participates in a

                military funeral honors detail.
                    ``(E) A Senior Reserve Officers' Training

                Corps cadet or midshipman.
                    ``(F) An applicant or rejected applicant

                for enlistment.
                    ``(G) Any person whose employment or

                service is considered directly related to a

                Government official activity or function under

                regulations prescribed under section 464 of

                this title.
                    ``(H) Any other person not covered by

                subparagraphs (A) through (G) who is determined

                by the administering Secretary pursuant to

                regulations prescribed under section 464 of

                this title as warranting the provision of

                travel benefits for purposes of the following:
                            ``(i) Transportation of survivors

                        to attend burial services or transfer

                        of deceased members after death

                        overseas as provided in section 481f of

                        this title.
                            ``(ii) Transportation of designated

                        individuals incident to the

                        hospitalization of members as provided

                        in section 481h of this title.
                            ``(iii) Transportation of

                        designated individuals incident to the

                        repatriation of members as provided in

                        section 481j of this title.
                            ``(iv) Transportation of non-
                        medical attendants as provided in

                        section 481k of this title.
                            ``(v) Transportation of designated

                        individuals to attend Yellow Ribbon

                        Reintegration Program events as

                        provided in section 481l of this title.
                            ``(vi) Transportation of a person

                        with regard to a single event when the

                        administering Secretary determines that

                        the travel is necessary to ensure

                        fairness and equity, respond to

                        emergency or humanitarian

                        circumstances, or serve the best

                        interests of the Government.
            ``(3) The term `family member', with respect to a

        member of the uniformed services, means the following:
                    ``(A) A dependent, as defined in section

                401(a) of this title.
                    ``(B) A child, as defined in section

                401(b)(1) of this title.
                    ``(C) A parent, as defined in section

                401(b)(2) of this title.
                    ``(D) A sibling of the member.
                    ``(E) A former spouse of the member.
    ``(b) Definitions Relating to Travel and Transportation

Allowances.--In this subchapter and subchapter II:
            ``(1) The term `official travel' means the

        following:
                    ``(A) Military duty or official business

                performed by an authorized traveler away from a

                duty assignment location or other authorized

                location.
                    ``(B) Travel performed by an authorized

                traveler ordered to relocate from a permanent

                duty station to another permanent duty station.
                    ``(C) Travel performed by an authorized

                traveler ordered to the first permanent duty

                station, or separated or retired from uniformed

                service.
                    ``(D) Local travel in or around the

                temporary duty or permanent duty station.
                    ``(E) Other travel as authorized or ordered

                by the administering Secretary.
            ``(2) The term `actual and necessary expenses'

        means expenses incurred in fact by an authorized

        traveler as a reasonable consequence of official

        travel.
            ``(3) The term `travel allowances' means the daily

        lodging, meals, and other related expenses, including

        relocation expenses, incurred by an authorized traveler

        while on official travel.
            ``(4) The term `transportation allowances' means

        the costs of temporarily or permanently moving an

        authorized traveler, the personal property of an

        authorized traveler, or a combination thereof.
            ``(5) The term `transportation-, lodging-, or

        meals-in-kind' means transportation, lodging, or meals

        provided by the Government without cost to an

        authorized traveler.
            ``(6) The term `miscellaneous expenses' means

        authorized expenses incurred in addition to authorized

        allowances during the performance of official travel by

        an authorized traveler.
            ``(7) The term `personal property', with respect to

        transportation allowances, includes baggage, furniture,

        and other household items, clothing, privately owned

        vehicles, house trailers, mobile homes, and any other

        personal items that would not otherwise be prohibited

        by any other provision of law or regulation prescribed

        under section 464 of this title.
            ``(8) The term `relocation allowances' means the

        costs associated with relocating a member of the

        uniformed services and the member's dependents between

        an old and new temporary or permanent duty assignment

        location or other authorized location.
            ``(9) The term `dislocation allowances' means the

        costs associated with relocation of the household of a

        member of the uniformed services and the member's

        dependents in relation to a change in the member's

        permanent duty assignment location ordered for the

        convenience of the Government or incident to an

        evacuation.

``Sec. 452. Allowable travel and transportation: general authorities

    ``(a) In General.--Except as otherwise prohibited by law, a

member of the uniformed services or other authorized traveler

may be provided transportation-, lodging-, or meals-in-kind, or

actual and necessary expenses of travel and transportation,

for, or in connection with, official travel under circumstances

as specified in regulations prescribed under section 464 of

this title.
    ``(b) Specific Circumstances.--The authority under

subsection (a) includes travel under or in connection with, but

not limited to, the following circumstances, to the extent

specified in regulations prescribed under section 464 of this

title:
            ``(1) Temporary duty that requires travel between a

        permanent duty assignment location and another

        authorized temporary duty location, and travel in or

        around the temporary duty location.
            ``(2) Permanent change of station that requires

        travel between an old and new temporary or permanent

        duty assignment location or other authorized location.
            ``(3) Temporary duty or assignment relocation

        related to consecutive overseas tours or in-place-
        consecutive overseas tours.
            ``(4) Recruiting duties for the armed forces.
            ``(5) Assignment or detail to another Government

        department or agency.
            ``(6) Rest and recuperative leave.
            ``(7) Convalescent leave.
            ``(8) Reenlistment leave.
            ``(9) Reserve component inactive-duty training

        performed outside the normal commuting distance of the

        member's permanent residence.
            ``(10) Ready Reserve muster duty.
            ``(11) Unusual, extraordinary, hardship, or

        emergency circumstances.
            ``(12) Presence of family members at a military

        medical facility incident to the illness or injury of

        members.
            ``(13) Presence of family members at the

        repatriation of members held captive.
            ``(14) Presence of non-medical attendants for very

        seriously or seriously wounded, ill, or injured

        members.
            ``(15) Attendance at Yellow Ribbon Reintegration

        Program events.
            ``(16) Missing status, as determined by the

        Secretary concerned under chapter 10 of this title.
            ``(17) Attendance at or participation in

        international sports competitions described under

        section 717 of title 10.
    ``(c) Matters Included.--Travel and transportation

allowances which may be provided under subsection (a) include

the following:
            ``(1) Allowances for transportation, lodging, and

        meals.
            ``(2) Dislocation or relocation allowances paid in

        connection with a change in a member's temporary or

        permanent duty assignment location.
            ``(3) Other related miscellaneous expenses.
    ``(d) Mode of Providing Travel and Transportation

Allowances.--Any authorized travel and transportation may be

provided--
            ``(1) as an actual expense;
            ``(2) as an authorized allowance;
            ``(3) in-kind; or
            ``(4) using a combination of the authorities under

        paragraphs (1), (2), and (3).
    ``(e) Travel and Transportation Allowances When Travel

Orders Are Modified, etc.--An authorized traveler whose travel

and transportation order or authorization is canceled, revoked,

or modified may be allowed actual and necessary expenses or

travel and transportation allowances in connection with travel

performed pursuant to such order or authorization.
    ``(f) Advance Payments.--An authorized traveler may be

allowed advance payments for authorized travel and

transportation allowances.
    ``(g) Responsibility for Unauthorized Expenses.--Any

unauthorized travel or transportation expense is not the

responsibility of the United States.
    ``(h) Relationship to Other Authorities.--The administering

Secretary may not provide payment under this section for an

expense for which payment may be provided from any other

appropriate Government or non-Government entity.

``Sec. 453. Allowable travel and transportation: specific authorities

    ``(a) In General.--In addition to any other authority for

the provision of travel and transportation allowances, the

administering Secretaries may provide travel and transportation

allowances under this subchapter in accordance with this

section.
    ``(b) Authorized Absence From Temporary Duty Location.--An

authorized traveler may be paid travel and transportation

allowances, or reimbursed for actual and necessary expenses of

travel, incurred at a temporary duty location during an

authorized absence from that location.
    ``(c) Movement of Personal Property.--(1) A member of a

uniformed service may be allowed moving expenses and

transportation allowances for self and dependents associated

with the movement of personal property and household goods,

including such expenses when associated with a self-move.
    ``(2) The authority in paragraph (1) includes the movement

and temporary and non-temporary storage of personal property,

household goods, and privately owned vehicles (but not to

exceed one privately owned vehicle per member household) in

connection with the temporary or permanent move between

authorized locations.
    ``(3) For movement of household goods, the administering

Secretaries shall prescribe weight allowances in regulations

under section 464 of this title. The prescribed weight

allowances may not exceed 18,000 pounds (including packing,

crating, and household goods in temporary storage), except that

the administering Secretary may, on a case-by-case basis,

authorize additional weight allowances as necessary.
    ``(4) The administering Secretary may prescribe the terms,

rates, and conditions that authorize a member of the uniformed

services to ship or store a privately owned vehicle.
    ``(5) No carrier, port agent, warehouseman, freight

forwarder, or other person involved in the transportation of

property may have any lien on, or hold, impound, or otherwise

interfere with, the movement of baggage and household goods

being transported under this section.
    ``(d) Unusual or Emergency Circumstances.--An authorized

traveler may be provided travel and transportation allowances

under this section for unusual, extraordinary, hardship, or

emergency circumstances, including circumstances warranting

evacuation from a permanent duty assignment location.
    ``(e) Particular Separation Provisions.--The administering

Secretary may provide travel-in-kind and transportation-in-kind

for the following persons in accordance with regulations

prescribed under section 464 of this title:
            ``(1) A member who is retired, or is placed on the

        temporary disability retired list, under chapter 61 of

        title 10.
            ``(2) A member who is retired with pay under any

        other law or who, immediately following at least eight

        years of continuous active duty with no single break

        therein of more than 90 days, is discharged with

        separation pay or is involuntarily released from active

        duty with separation pay or readjustment pay.
            ``(3) A member who is discharged under section 1173

        of title 10.
    ``(f) Attendance at Memorial Ceremonies and Services.--A

family member or member of the uniformed services who attends a

deceased member's repatriation, burial, or memorial ceremony or

service may be provided travel and transportation allowances to

the extent provided in regulations prescribed under section 464

of this title.

``Sec. 454. Travel and transportation: pilot programs

    ``(a) Pilot Programs.--Except as otherwise prohibited by

law, the Secretary of Defense may conduct pilot programs to

evaluate alternative travel and transportation programs,

policies, and processes for Department of Defense authorized

travelers. Any such pilot program shall be designed to enhance

cost savings or other efficiencies that accrue to the

Government and be conducted so as to evaluate one or more of

the following:
            ``(1) Alternative methods for performing and

        reimbursing travel.
            ``(2) Means for limiting the need for travel.
            ``(3) Means for reducing the environmental impact

        of travel.
    ``(b) Limitations.--(1) Not more than three pilot programs

may be carried out under subsection (a) at any one time.
    ``(2) The duration of a pilot program may not exceed four

years.
    ``(3) The authority to carry out a pilot program is subject

to the availability of appropriated funds.
    ``(c) Reports.--(1) Not later than 30 days before the

commencement of a pilot program under subsection (a), the

Secretary shall submit to the congressional defense committees

a report on the pilot program. The report on a pilot program

under this paragraph shall set forth a description of the pilot

program, including the following:
            ``(A) The purpose of the pilot program.
            ``(B) The duration of the pilot program.
            ``(C) The cost savings or other efficiencies

        anticipated to accrue to the Government under the pilot

        program.
    ``(2) Not later than 60 days after the completion of a

pilot program, the Secretary shall submit to the congressional

defense committees a report on the pilot program. The report on

a pilot program under this paragraph shall set forth the

following:
            ``(A) A description of results of the pilot

        program.
            ``(B) Such recommendations for legislative or

        administrative action as the Secretary considers

        appropriate in light of the pilot program.
    ``(d) Congressional Defense Committees Defined.--In this

section, the term `congressional defense committees' has the

meaning given that term in section 101(a)(16) of title 10.

               ``SUBCHAPTER II--ADMINISTRATIVE PROVISIONS

``Sec. 461. Relationship to other travel and transportation authorities

    ``An authorized traveler may not be paid travel and

transportation allowances or receive travel-in-kind and

transportation-in-kind, or a combination thereof, under both

subchapter I and subchapter III for official travel performed

under a single or related travel and transportation order or

authorization by the administering Secretary.

``Sec. 462. Travel and transportation allowances paid to members that

                    are unauthorized or in excess of authorized

                    amounts: requirement for repayment

    ``(a) Repayment Required.--Except as provided in subsection

(b), a member of the uniformed services or other person who is

paid travel and transportation allowances under subchapter I

shall repay to the United States any amount of such payment

that is determined to be unauthorized or in excess of the

applicable authorized amount.
    ``(b) Exception.--The regulations prescribed under section

464 of this title shall specify procedures for determining the

circumstances under which an exception to repayment otherwise

required by subsection (a) may be granted.
    ``(c) Effect of Bankruptcy.--An obligation to repay the

United States under this section is, for all purposes, a debt

owed the United States. A discharge in bankruptcy under title

11 does not discharge a person from such debt if the discharge

order is entered less than five years after the date on which

the debt was incurred.

``Sec. 463. Programs of compliance; electronic processing of travel

                    claims

    ``(a) Programs of Compliance.--The administering

Secretaries shall provide for compliance with the requirements

of this chapter through programs of compliance established and

maintained for that purpose.
    ``(b) Elements.--The programs of compliance under

subsection (a) shall--
            ``(1) minimize the provision of benefits under this

        chapter based on inaccurate claims, unauthorized

        claims, overstated or inflated claims, and multiple

        claims for the same benefits through the electronic

        verification of travel claims on a near-time basis and

        such other means as the administering Secretaries may

        establish for purposes of the programs of compliance;

        and
            ``(2) ensure that benefits provided under this

        chapter do not exceed reasonable or actual and

        necessary expenses of travel claimed or reasonable

        allowances based on commercial travel rates.
    ``(c) Electronic Processing of Travel Claims.--(1) By not

later than the date that is five years after the date of the

enactment of the National Defense Authorization Act for Fiscal

Year 2012, any travel claim under this chapter shall be

processed electronically.
    ``(2) The administering Secretary, or the Secretary's

designee, may waive the requirement in paragraph (1) with

respect to a particular claim in the interests of the

department concerned.
    ``(3) The electronic processing of claims under this

subsection shall be subject to the regulations prescribed by

the Secretary of Defense under section 464 of this title which

shall apply uniformly to all members of the uniformed services

and, to the extent practicable, to all other authorized

travelers.

``Sec. 464. Regulations

    ``This subchapter and subchapter I shall be administered

under terms, rates, conditions, and regulations prescribed by

the Secretary of Defense in consultation with the other

administering Secretaries for members of the uniformed

services. Such regulations shall be uniform for the Department

of Defense and shall apply as uniformly as practicable to the

uniformed services under the jurisdiction of the other

administering Secretaries.

    ``SUBCHAPTER III--TRAVEL AND TRANSPORTATION AUTHORITIES--OLD LAW

``Sec. 471. Travel authorities transition expiration date

    ``In this subchapter, the term `travel authorities

transition expiration date' means the last day of the 10-year

period beginning on the first day of the first month beginning

after the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2012.

``Sec. 472. Definitions and other incorporated provisions of chapter 7

    ``(a) Definitions.--The provisions of section 401 of this

title apply to this subchapter.
    ``(b) Other Provisions.--The provisions of sections 421 and

423 of this title apply to this subchapter.''.
    (c) Repeal of Obsolete Authority.--Section 411g of title

37, United States Code, is repealed.
    (d) Transfer of Sections.--
            (1) Transfer to subchapter i.--Section 412 of title

        37, United States Code, is transferred to chapter 8 of

        such title, as added by subsection (b), inserted after

        section 454, and redesignated as section 455.
            (2) Transfer of current chapter 7 authorities to

        subchapter iii.--Sections 404, 404a, 404b, 405, 405a,

        406, 406a, 406b, 406c, 407, 408, 408a, 409, 410, 411,

        411a through 411f, 411h through 411l, 428 through 432,

        434, and 435 of such title are transferred (in that

        order) to chapter 8 of such title, as added by

        subsection (b), inserted after section 472, and

        redesignated as follows:


Section:                             Redesignated Section:
404                                  474
404a                                 474a
404b                                 474b
405                                  475
405a                                 475a
406                                  476
406a                                 476a
406b                                 476b
406c                                 476c
407                                  477
408                                  478
408a                                 478a
409                                  479
410                                  480
411                                  481
411a                                 481a
411b                                 481b
411c                                 481c
411d                                 481d
411e                                 481e
411f                                 481f
411h                                 481h
411i                                 481i
411j                                 481j
411k                                 481k
411l                                 481l
428                                  488
429                                  489
430                                  490
432                                  492
434                                  494
435                                  495


            (3) Transfer of section 554.--Section 554 of such

        title is transferred to chapter 8 of such title, as

        added by subsection (b), inserted after section 481l

        (as transferred and redesignated by paragraph (2)), and

        redesignated as section 484.
    (e) Sunset of Old-Law Authorities.--Provisions of

subchapter III of chapter 8 of title 37, United States Code, as

transferred and redesignated by paragraphs (2) and (3) of

subsection (c), are amended as follows:
            (1) Section 474 is amended by adding at the end the

        following new subsection:
    ``(k) No travel and transportation allowance or

reimbursement may be provided under this section for travel

that begins after the travel authorities transition expiration

date.''.
            (2) Section 474a is amended by adding at the end

        the following new subsection:
    ``(f) Termination.--No payment or reimbursement may be

provided under this section with respect to a change of

permanent station for which orders are issued after the travel

authorities transition expiration date.''.
            (3) Section 474b is amended by adding at the end

        the following new subsection:
    ``(e) Termination.--No payment or reimbursement may be

provided under this section with respect to an authorized

absence that begins after the travel authorities transition

expiration date.''.
            (4) Section 475 is amended by adding at the end the

        following new subsection:
    ``(f) Termination.--During and after the travel authorities

expiration date, no per diem may be paid under this section for

any period.''.
            (5) Section 475a is amended by adding at the end

        the following new subsection:
    ``(c) During and after the travel authorities expiration

date, no allowance under subsection (a) or transportation or

reimbursement under subsection (b) may be provided with respect

to an authority or order to depart.''.
            (6) Section 476 is amended by adding at the end the

        following new subsection:
    ``(n) No transportation, reimbursement, allowance, or per

diem may be provided under this section--
            ``(1) with respect to a change of temporary or

        permanent station for which orders are issued after the

        travel authorities transition expiration date; or
            ``(2) in a case covered by this section when such

        orders are not issued, with respect to a movement of

        baggage or household effects that begins after such

        date.''.
            (7) Section 476a is amended--
                    (A) by inserting ``(a) Authority.--''

                before ``Under uniform regulations''; and
                    (B) by adding at the end the following new

                subsection:
    ``(b) Termination.--No transportation or travel or

transportation allowance may be provided under this section for

travel that begins after the travel authorities transition

expiration date.''.
            (8) Section 476b is amended by adding at the end

        the following new subsection:
    ``(e) No transportation or allowance may be provided under

this section for travel that begins after the travel

authorities transition expiration date.''.
            (9) Section 476c is amended by adding at the end

        the following new subsection:
    ``(e) Termination.--No transportation or allowance may be

provided under this section for travel that begins after the

travel authorities transition expiration date.''.
            (10) Section 477 is amended by adding at the end

        the following new subsection:
    ``(i) Termination.--No dislocation allowance may be paid

under this section for a move that begins after the travel

authorities transition expiration date.''.
            (11) Section 478 is amended by adding at the end

        the following new subsection:
    ``(c) No travel or transportation allowance, payment, or

reimbursement may be provided under this section for travel

that begins after the travel authorities transition expiration

date.''.
            (12) Section 479 is amended by adding at the end

        the following new subsection:
    ``(e) No transportation of a house trailer or mobile home,

or storage or payment in connection therewith, may be provided

under this section for transportation that begins after the

travel authorities transition expiration date.''.
            (13) Section 480 is amended by adding at the end

        the following new subsection:
    ``(c) No travel or transportation allowance may be provided

under this section for travel that begins after the travel

authorities transition expiration date.''.
            (14) Section 481 is amended by adding at the end

        the following new subsection:
    ``(e) The regulations prescribed under this section shall

cease to be in effect as of the travel authorities transition

expiration date.''.
            (15) Section 481a is amended by adding at the end

        the following new subsection:
    ``(c) No travel and transportation allowance may be

provided under this section for travel that is authorized after

the travel authorities transition expiration date.''.
            (16) Section 481b is amended by adding at the end

        the following new subsection:
    ``(d) Termination.--No travel and transportation allowance

may be provided under this section for travel that is

authorized after the travel authorities transition expiration

date.''.
            (17) Section 481c is amended by adding at the end

        the following new subsection:
    ``(c) No transportation may be provided under this section

after the travel authorities transition expiration date, and no

payment may be made under this section for transportation that

begins after that date.''.
            (18) Section 481d is amended by adding at the end

        the following new subsection:
    ``(d) No transportation may be provided under this section

after the travel authorities transition expiration date.''.
            (19) Section 481e is amended by adding at the end

        the following new subsection:
    ``(c) No travel and transportation allowance or

reimbursement may be provided under this section for travel

that begins after the travel authorities transition expiration

date.''.
            (20) Section 481f is amended by adding at the end

        the following new subsection:
    ``(h) Termination.--No travel and transportation allowance

or reimbursement may be provided under this section for travel

that begins after the travel authorities transition expiration

date.''.
            (21) Section 481h is amended by adding at the end

        the following new subsection:
    ``(e) Termination.--No transportation, allowance,

reimbursement, or per diem may be provided under this section

for travel that begins after the travel authorities transition

expiration date.''.
            (22) Section 481i is amended by adding at the end

        the following new subsection:
    ``(c) Termination.--No reimbursement may be provided under

this section for expenses incurred after the travel authorities

transition expiration date.''.
            (23) Section 481j is amended by adding at the end

        the following new subsection:
    ``(e) Termination.--No transportation, allowance,

reimbursement, or per diem may be provided under this section

for travel that begins after the travel authorities transition

expiration date.''.
            (24) Section 481k is amended by adding at the end

        the following new subsection:
    ``(e) Termination.--No transportation, allowance,

reimbursement, or per diem may be provided under this section

for travel that begins after the travel authorities transition

expiration date.''.
            (25) Section 481l is amended by adding at the end

        the following new subsection:
    ``(e) Termination.--No transportation, allowance,

reimbursement, or per diem may be provided under this section

for travel that begins after the travel authorities transition

expiration date.''.
            (26) Section 484 is amended by adding at the end

        the following new subsection:
    ``(k) No transportation, allowance, or reimbursement may be

provided under this section for a move that begins after the

travel authorities transition expiration date.''.
            (27) Section 488 is amended--
                    (A) by inserting ``(a) Authority.--''

                before ``In addition''; and
                    (B) by adding at the end the following new

                subsection:
    ``(b) Termination.--No reimbursement may be provided under

this section for expenses incurred after the travel authorities

transition expiration date.''.
            (28) Section 489 is amended--
                    (A) by inserting ``(a) Authority.--''

                before ``In addition''; and
                    (B) by adding at the end the following new

                subsection:
    ``(b) Termination.--No transportation or allowance may be

provided under this section for travel that begins after the

travel authorities transition expiration date.''.
            (29) Section 490 is amended by adding at the end

        the following new subsection:
    ``(g) Termination.--No transportation, allowance,

reimbursement, or per diem may be provided under this section

for travel that begins after the travel authorities transition

expiration date.''.
            (30) Section 492 is amended by adding at the end

        the following new subsection:
    ``(c) No transportation or allowance may be provided under

this section for travel that begins after the travel

authorities transition expiration date.''.
            (31) Section 494 is amended by adding at the end

        the following new subsection:
    ``(d) Termination.--No reimbursement may be provided under

this section for expenses incurred after the travel authorities

transition expiration date.''.
            (32) Section 495 is amended by adding at the end

        the following new subsection:
    ``(c) Termination.--No allowance may be paid under this

section for any day after the travel authorities transition

expiration date.''.
    (f) Technical and Clerical Amendments.--
            (1) Chapter heading.--The heading of chapter 7 of

        such title is amended to read as follows: ``CHAPTER 7--
        ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION

        ALLOWANCES''.
            (2) Table of chapters.--The table of chapter

        preceding chapter 1 of such title is amended by

        striking the item relating to chapter 7 and inserting

        the following:

``7. Allowances Other Than Travel and Transportation Allowances...  401

``8. Travel and Transportation Allowances.........................451''.


            (3) Tables of sections.--
                    (A) The table of sections at the beginning

                of chapter 7 of such title is amended by

                striking the items relating to sections 404

                through 412, 428 through 432, 434, and 435.
                    (B) The table of sections at the beginning

                of chapter 9 of such title is amended by

                striking the item relating to section 554.
            (4) Cross-references.--
                    (A) Any section of title 10, 32, or 37,

                United States Code, that includes a reference

                to a section of title 37 that is transferred

                and redesignated by subsection (c) is amended

                so as to conform the reference to the section

                number of the section as so redesignated.
                    (B) Any reference in a provision of law

                other than a section of title 10, 32, or 37,

                United States Code, to a section of title 37

                that is transferred and redesignated by

                subsection (c) is deemed to refer to the

                section as so redesignated.

SEC. 632. TRANSITION PROVISIONS.

    (a) Implementation Plan.--The Secretary of Defense shall

develop a plan to implement subchapters I and II of chapter 8

of title 37, United States Code (as added by section 631(b) of

this Act), and to transition all of the travel and

transportation programs for members of the uniformed services

under chapter 7 of title 37, United States Code, solely to

provisions of those subchapters by the end of the transition

period.
    (b) Authority for Modifications to Old-Law Authorities

During Transition Period.--During the transition period, the

Secretary of Defense and the Secretaries concerned, in using

the authorities under subchapter III of chapter 8 of title 37,

United States Code (as so added), may apply those authorities

subject to the terms of such provisions and such modifications

as the Secretary of Defense may include in the implementation

plan required under subsection (a) or in any subsequent

modification to that implementation plan.
    (c) Coordination.--The Secretary of Defense shall prepare

the implementation plan under subsection (a) and any

modification to that plan under subsection (b) in coordination

with--
            (1) the Secretary of Homeland Security, with

        respect to the Coast Guard;
            (2) the Secretary of Health and Human Services,

        with respect to the commissioned corps of the Public

        Health Service; and
            (3) the Secretary of Commerce, with respect to the

        National Oceanic and Atmospheric Administration.
    (d) Program of Compliance.--The Secretary of Defense and

the other administering Secretaries shall commence the

operation of the programs of compliance required by section 463

of title 37, United States Code (as so added), by not later

than one year after the date of the enactment of this Act.
    (e) Transition Period.--In this section, the term

``transition period'' means the 10-year period beginning on the

first day of the first month beginning after the date of the

enactment of this Act.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality

                        Benefits and Operations

SEC. 641. DISCRETION OF THE SECRETARY OF THE NAVY TO SELECT CATEGORIES

                    OF MERCHANDISE TO BE SOLD BY SHIP STORES AFLOAT.

    Section 7604(c) of title 10, United States Code, is amended

by striking ``shall'' and inserting ``may''.

SEC. 642. ACCESS OF MILITARY EXCHANGE STORES SYSTEM TO CREDIT AVAILABLE

                    THROUGH FEDERAL FINANCING BANK.

    Section 2487 of title 10, United States Code, is amended by

adding at the end the following new subsection:
    ``(c) Access of Exchange Stores System to Federal Financing

Bank.--To facilitate the provision of in-store credit to

patrons of the exchange stores system while reducing the costs

of providing such credit, the Army and Air Force Exchange

Service, Navy Exchange Service Command, and Marine Corps

exchanges may issue and sell their obligations to the Federal

Financing Bank as provided in section 6 of the Federal

Financing Bank Act of 1973 (12 U.S.C. 2285).''.

SEC. 643. DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN

                    AND MEDITATION PAVILION, DOVER AIR FORCE BASE,

                    DELAWARE, AS A FISHER HOUSE.

    The Fisher House for the Families of the Fallen and

Meditation Pavilion at Dover Air Force Base, Delaware, is

hereby designated as a Fisher House for purposes of section

2493 of title 10, United States Code.

       Subtitle F--Disability, Retired Pay and Survivor Benefits

SEC. 651. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES WHO DIE

                    DURING AN AUTHORIZED STAY AT THEIR RESIDENCE DURING

                    OR BETWEEN SUCCESSIVE DAYS OF INACTIVE DUTY

                    TRAINING.

    (a) Death Gratuity.--
            (1) Payment authorized.--Section 1475(a)(3) of

        title 10, United States Code, is amended by inserting

        before the semicolon the following: ``or while staying

        at the Reserve's residence, when so authorized by

        proper authority, during the period of such inactive

        duty training or between successive days of inactive

        duty training''.
            (2) Treatment as death during inactive duty

        training.--Section 1478(a) of such title is amended--
                    (A) by redesignating paragraphs (4) through

                (8) as paragraphs (5) through (9),

                respectively; and
                    (B) by inserting after paragraph (3) the

                following new paragraph (4):
            ``(4) A person covered by subsection (a)(3) of

        section 1475 of this title who died while on authorized

        stay at the person's residence during a period of

        inactive duty training or between successive days of

        inactive duty training is considered to have been on

        inactive duty training on the date of his death.''.
    (b) Recovery, Care, and Disposition of Remains and Related

Benefits.--Section 1481(a)(2) of such title is amended--
            (1) by redesignating subparagraph (E) and (F) as

        subparagraphs (F) and (G), respectively; and
            (2) by inserting after subparagraph (D) the

        following new subparagraph (E):
                    ``(E) staying at the member's residence,

                when so authorized by proper authority, during

                a period of inactive duty training or between

                successive days of inactive duty training;''.
    (c) Effective Date.--The amendments made by this section

shall take effect on the date of the enactment of this Act, and

shall apply with respect to deaths that occur on or after that

date.

                       Subtitle G--Other Matters

SEC. 661. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR NATIONAL GUARD

                    MEMBERS TRANSITIONING BETWEEN ACTIVE DUTY AND FULL-
                    TIME NATIONAL GUARD DUTY.

    (a) Study.--The Secretary of Defense shall conduct a study

on the implications for the monthly amount of basic allowance

for housing of the transitions of members of the Army National

Guard of the United States and Air National Guard of the United

States as follows:
            (1) From active duty under title 10, United States

        Code, to full-time National Guard duty under title 32,

        United States Code.
            (2) From full-time National Guard duty under title

        32, United States Code, to active duty under title 10,

        United States Code.
    (b) Requirements for Study.--In conducting the study

required by subsection (a), the Secretary shall--
            (1) take into account all potential variations of

        circumstance involving housing location, basic

        allowance for housing rates, duration of service,

        duration of break in service, and duty status;
            (2) take into account all current applicable

        policies, practices, and regulations;
            (3) assess potential modifications of policy and

        law, and develop recommendations for modifications of

        policy and law if determined appropriate; and
            (4) take into account the welfare of members of the

        Armed Forces and their families when developing

        recommendations, if any, under paragraph (3).
    (c) Report.--Not later than five months after the date of

the enactment of this Act, the Secretary shall submit to the

congressional defense committees a report on the study required

by subsection (a). The report shall set forth the results of

the study, including a description of the manner in which each

matter specified in subsection (b) was met, and include such

comments and recommendations on the results of the study as the

Secretary considers appropriate.

SEC. 662. REPORT ON INCENTIVES FOR RECRUITMENT AND RETENTION OF HEALTH

                    CARE PROFESSIONALS.

    Not later than 90 days after the date of the enactment of

this Act, the Surgeons General of the Army, Navy, and Air Force

shall submit to Congress a report on their staffing needs for

health care professionals in the active and reserve components

of the Armed Forces. Such report shall--
            (1) identify the positions in most critical need

        for additional health care professionals, including--
                    (A) the number of physicians needed; and
                    (B) whether additional behavioral health

                professionals are needed to treat members of

                the Armed Forces for post traumatic stress

                disorder and traumatic brain injury; and
            (2) recommend incentives for healthcare

        professionals with more than 20 years of clinical

        experience to join the active or reserve components,

        including changes in age or length of service

        requirements to qualify for partial retired pay for

        non-regular service.

                   TITLE VII--HEALTH CARE PROVISIONS

               Subtitle A--Improvements to Health Benefits

Sec. 701. Annual enrollment fees for certain retirees and dependents.
Sec. 702. Mental health assessments for members of the Armed Forces

          deployed in support of a contingency operation.
Sec. 703. Behavioral health support for members of the reserve

          components of the Armed Forces.
Sec. 704. Provision of food to certain members and dependents not

          receiving inpatient care in military medical treatment

          facilities.
Sec. 705. Travel for anesthesia services for childbirth for command-
          sponsored dependents of members assigned to remote locations

          outside the continental United States.
Sec. 706. Transitional health benefits for certain members with

          extension of active duty following active duty in support of a

          contingency operation.
Sec. 707. Provision of rehabilitative equipment under Wounded Warrior

          Act.
Sec. 708. Transition enrollment of uniformed services family health plan

          medicare-eligible retirees to TRICARE for life.

                 Subtitle B--Health Care Administration

Sec. 711. Codification and improvement of procedures for mental health

          evaluations for members of the Armed Forces.
Sec. 712. Extension of time limit for submittal of claims under the

          TRICARE program for care provided outside the United States.
Sec. 713. Expansion of State licensure exception for certain health care

          professionals.
Sec. 714. Clarification on confidentiality of medical quality assurance

          records.
Sec. 715. Maintenance of the adequacy of provider networks under the

          TRICARE program.
Sec. 716. Review of the administration of the military health system.
Sec. 717. Limitation on availability of funds for the future electronic

          health records program.

                  Subtitle C--Reports and Other Matters

Sec. 721. Modification of authorities on surveys on continued viability

          of TRICARE Standard and TRICARE Extra.
Sec. 722. Treatment of wounded warriors.
Sec. 723. Report on research and treatment of post-traumatic stress

          disorder.
Sec. 724. Report on memorandum regarding traumatic brain injuries.
Sec. 725. Comptroller General report on women-specific health services

          and treatment for female members of the Armed Forces.
Sec. 726. Comptroller General report on contract health care staffing

          for military medical treatment facilities.

              Subtitle A--Improvements to Health Benefits

SEC. 701. ANNUAL ENROLLMENT FEES FOR CERTAIN RETIREES AND DEPENDENTS.

    (a) Annual Enrollment Fees.--Section 1097(e) of title 10,

United States Code, is amended--
            (1) by striking ``The Secretary of Defense'' and

        inserting ``(1) The Secretary of Defense'';
            (2) by striking ``A premium,'' and inserting

        ``Except as provided by paragraph (2), a premium,'';

        and
            (3) by adding at the end the following new

        paragraph:
    ``(2) Beginning October 1, 2012, the Secretary of Defense

may only increase in any year the annual enrollment fees

described in paragraph (1) by an amount equal to the percentage

by which retired pay is increased under section 1401a of this

title.''.
    (b) Clarification of Application for Fiscal Year 2013.--The

Secretary of Defense shall determine the maximum enrollment

fees for TRICARE Prime under section 1097(e)(2) of title 10,

United States Code, as added by subsection (a), for fiscal year

2013 and thereafter as if the enrollment fee for each enrollee

during fiscal year 2012 was the amount charged to an enrollee

who enrolled for the first time during such fiscal year.

SEC. 702. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES

                    DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

    (a) Mental Health Examinations During a Deployment.--
            (1) In general.--Chapter 55 of title 10, United

        States Code, is amended by inserting after section

        1074l the following new section:

``Sec. 1074m. Mental health assessments for members of the armed forces

                    deployed in support of a contingency operation

    ``(a) Mental Health Assessments.--(1) The Secretary of

Defense shall provide a person-to-person mental health

assessment for each member of the armed forces who is deployed

in support of a contingency operation as follows:
            ``(A) Once during the period beginning 120 days

        before the date of the deployment.
            ``(B) Once during the period beginning 90 days

        after the date of redeployment from the contingency

        operation and ending 180 days after such redeployment

        date.
            ``(C) Subject to subsection (d), not later than

        once during each of--
                    ``(i) the period beginning 180 days after

                the date of redeployment from the contingency

                operation and ending one year after such

                redeployment date; and
                    ``(ii) the period beginning 18 months after

                such redeployment date and ending 30 months

                after such redeployment date.
    ``(2) A mental health assessment is not required for a

member of the armed forces under subparagraph (B) and (C) of

paragraph (1) if the Secretary determines that--
            ``(A) the member was not subjected or exposed to

        operational risk factors during deployment in the

        contingency operation concerned; or
            ``(B) providing such assessment to the member

        during the time periods under such subparagraphs would

        remove the member from forward deployment or put

        members or operational objectives at risk.
    ``(b) Purpose.--The purpose of the mental health

assessments provided pursuant to this section shall be to

identify post-traumatic stress disorder, suicidal tendencies,

and other behavioral health conditions identified among members

described in subsection (a) in order to determine which such

members are in need of additional care and treatment for such

health conditions.
    ``(c) Elements.--(1) The mental health assessments provided

pursuant to this section shall--
            ``(A) be performed by personnel trained and

        certified to perform such assessments and may be

        performed--
                    ``(i) by licensed mental health

                professionals if such professionals are

                available and the use of such professionals for

                the assessments would not impair the capacity

                of such professionals to perform higher

                priority tasks; and
                    ``(ii) by personnel at private facilities

                in accordance with section 1074(c) of this

                title;
            ``(B) include a person-to-person dialogue between

        members described in subsection (a) and the

        professionals or personnel described by subparagraph

        (A), as applicable, on such matters as the Secretary

        shall specify in order that the assessments achieve the

        purpose specified in subsection (b) for such

        assessments;
            ``(C) be conducted in a private setting to foster

        trust and openness in discussing sensitive health

        concerns;
            ``(D) be provided in a consistent manner across the

        military departments; and
            ``(E) include a review of the health records of the

        member that are related to each previous deployment of

        the member or other relevant activities of the member

        while serving in the armed forces, as determined by the

        Secretary.
    ``(2) The Secretary may treat periodic health assessments

and other person-to-person assessments that are provided to

members of the armed forces, including examinations under

section 1074f of this title, as meeting the requirements for

mental health assessments required under this section if the

Secretary determines that such assessments and person-to-person

assessments meet the requirements for mental health assessments

established by this section.
    ``(d) Cessation of Assessments.--No mental health

assessment is required to be provided to an individual under

subsection (a)(1)(C) after the individual's discharge or

release from the armed forces.
    ``(e) Sharing of Information.--(1) The Secretary of Defense

shall share with the Secretary of Veterans Affairs such

information on members of the armed forces that is derived from

confidential mental health assessments, including mental health

assessments provided pursuant to this section and health

assessments and other person-to-person assessments provided

before the date of the enactment of this section, as the

Secretary of Defense and the Secretary of Veterans Affairs

jointly consider appropriate to ensure continuity of mental

health care and treatment of members of the armed forces during

the transition from health care and treatment provided by the

Department of Defense to health care and treatment provided by

the Department of Veterans Affairs.
    ``(2) Any sharing of information under paragraph (1) shall

occur pursuant to a protocol jointly established by the

Secretary of Defense and the Secretary of Veterans Affairs for

purposes of this subsection. Any such protocol shall be

consistent with the following:
            ``(A) Applicable provisions of the Wounded Warrior

        Act (title XVI of Public Law 110-181; 10 U.S.C. 1071

        note), including section 1614 of such Act (122 Stat.

        443; 10 U.S.C. 1071 note).
            ``(B) Section 1720F of title 38.
    ``(3) Before each mental health assessment is conducted

under subsection (a), the Secretary of Defense shall ensure

that the member is notified of the sharing of information with

the Secretary of Veterans Affairs under this subsection.
    ``(f) Regulations.--(1) The Secretary of Defense, in

consultation with the other administering Secretaries, shall

prescribe regulations for the administration of this section.
    ``(2) Not later than 270 days after the date of the

issuance of the regulations prescribed under paragraph (1), the

Secretary shall notify the congressional defense committees of

the implementation of the regulations by the military

departments.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 55 of such title is amended by

        inserting after the item relating to section 1074l the

        following new item:

``1074m. Mental health assessments for members of the armed forces

          deployed in support of a contingency operation.''.


            (3) Regulations.--The Secretary of Defense shall

        prescribe an interim final rule with respect to the

        amendment made by paragraph (1), effective not later

        than 90 days after the date of the enactment of this

        Act.
    (b) Conforming Repeal.--Section 708 of the National Defense

Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123

Stat. 2376; 10 U.S.C. 1074f note) is repealed.

SEC. 703. BEHAVIORAL HEALTH SUPPORT FOR MEMBERS OF THE RESERVE

                    COMPONENTS OF THE ARMED FORCES.

    (a) Mental Health Assessments.--Section 1074a of title 10,

United States Code, is amended--
            (1) by redesignating subsection (h) as subsection

        (i);
            (2) by inserting after subsection (g) the following

        new subsection (h):
    ``(h)(1) The Secretary of Defense may provide to any member

of the reserve components performing inactive-duty training

during scheduled unit training assemblies access to mental

health assessments with a licensed mental health professional

who shall be available for referrals during duty hours on the

premises of the principal duty location of the member's unit.
    ``(2) Mental health services provided to a member under

this subsection shall be at no cost to the member.''; and
            (3) in subsection (i), as redesignated by paragraph

        (1), by striking ``medical and dental readiness'' and

        inserting ``medical, dental, and behavioral health

        readiness''.
    (b) Behavioral Health Support.--
            (1) In general.--Each member of a reserve component

        of the Armed Forces participating in annual training or

        individual duty training shall have access, while so

        participating, to the behavioral health support

        programs for members of the reserve components

        described in paragraph (2).
            (2) Behavioral health support programs.--The

        behavioral health support programs for members of the

        reserve components described in this paragraph shall

        include one or any combination of the following:
                    (A) Programs providing access to licensed

                mental health providers in armories, reserve

                centers, or other places for scheduled unit

                training assemblies.
                    (B) Programs providing training on suicide

                prevention and post-suicide response.
                    (C) Psychological health programs.
                    (D) Such other programs as the Secretary of

                Defense, in consultation with the Surgeon

                General for the National Guard of the State in

                which the members concerned reside, the

                Director of Psychological Health of the State

                in which the members concerned reside, the

                Department of Mental Health or the equivalent

                agency of the State in which the members

                concerned reside, or the Director of the

                Psychological Health Program of the National

                Guard Bureau, considers appropriate.
            (3) Funding.--Behavioral health support programs

        provided to members of the reserve components under

        this subsection shall be provided using amounts made

        available for operation and maintenance for the reserve

        components.
            (4) State defined.--In this subsection, the term

        ``State'' has the meaning given that term in section

        10001 of title 10, United States Code.

SEC. 704. PROVISION OF FOOD TO CERTAIN MEMBERS AND DEPENDENTS NOT

                    RECEIVING INPATIENT CARE IN MILITARY MEDICAL

                    TREATMENT FACILITIES.

    (a) In General.--Chapter 55 of title 10, United States

Code, is amended by inserting after section 1078a the following

new section:

``Sec. 1078b. Provision of food to certain members and dependents not

                    receiving inpatient care in military medical

                    treatment facilities

    ``(a) In General.--(1) Under regulations prescribed by the

Secretary of Defense, the Secretary may provide food and

beverages to an individual described in paragraph (2) at no

cost to the individual.
    ``(2) An individual described in this paragraph is the

following:
            ``(A) A member of the uniformed services or

        dependent--
                    ``(i) who is receiving outpatient medical

                care at a military medical treatment facility;

                and
                    ``(ii) whom the Secretary determines is

                unable to purchase food and beverages while at

                such facility by virtue of receiving such care.
            ``(B) A member of the uniformed services or

        dependent--
                    ``(i) who is a family member of an infant

                receiving inpatient medical care at a military

                medical treatment facility;
                    ``(ii) who provides care to the infant

                while the infant receives such inpatient

                medical care; and
                    ``(iii) whom the Secretary determines is

                unable to purchase food and beverages while at

                such facility by virtue of providing such care

                to the infant.
            ``(C) A member of the uniformed services or

        dependent whom the Secretary determines is under

        similar circumstances as a member or dependent

        described in subparagraph (A) or (B).
    ``(b) Regulations.--The Secretary shall ensure that

regulations prescribed under this section are consistent with

generally accepted practices in private medical treatment

facilities.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 1078a the following new item:

``1078b. Provision of food to certain members and dependents not

          receiving inpatient care in military medical treatment

          facilities.''.


    (c) Effective Date.--The amendments made by this section

shall take effect on the date that is 90 days after the date of

the enactment of this Act.

SEC. 705. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-
                    SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE

                    LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES.

    Section 1040(a) of title 10, United States Code, is

amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end the following new

        paragraph:
    ``(2)(A) Except as provided by subparagraph (E), for

purposes of paragraph (1), required medical attention of a

dependent includes, in the case of a dependent authorized to

accompany a member at a location described in that paragraph,

obstetrical anesthesia services for childbirth equivalent to

the obstetrical anesthesia services for childbirth available in

a military treatment facility in the United States.
    ``(B) In the case of a dependent at a remote location

outside the continental United States who elects services

described in subparagraph (A) and for whom air transportation

would be needed to travel under paragraph (1) to the nearest

appropriate medical facility in which adequate medical care is

available, the Secretary may authorize the dependent to receive

transportation under that paragraph to the continental United

States and be treated at the military treatment facility that

can provide appropriate obstetrical services that is nearest to

the closest port of entry into the continental United States

from such remote location.
    ``(C) The second through sixth sentences of paragraph (1)

shall apply to a dependent provided transportation by reason of

this paragraph.
    ``(D) The total cost incurred by the United States for the

provision of transportation and expenses (including per diem)

with respect to a dependent by reason of this paragraph may not

exceed the cost the United States would otherwise incur for the

provision of transportation and expenses with respect to that

dependent under paragraph (1) if the transportation and

expenses were provided to that dependent without regard to this

paragraph.
    ``(E) The Secretary may not provide transportation to a

dependent under this paragraph if the Secretary determines

that--
            ``(i) the dependent would otherwise receive

        obstetrical anesthesia services at a military treatment

        facility; and
            ``(ii) such facility, in carrying out the required

        number of necessary obstetric cases, would not maintain

        competency of its obstetrical staff unless the facility

        provides such services to such dependent.
    ``(F) The authority under this paragraph shall expire on

September 30, 2016.''.

SEC. 706. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS WITH

                    EXTENSION OF ACTIVE DUTY FOLLOWING ACTIVE DUTY IN

                    SUPPORT OF A CONTINGENCY OPERATION.

    Section 1145(a)(4) of title 10, United States Code, is

amended by adding at the end the following new sentence: ``For

purposes of the preceding sentence, in the case of a member on

active duty as described in subparagraph (B), (C), or (D) of

paragraph (2) who, without a break in service, is extended on

active duty for any reason, the 180-day period shall begin on

the date on which the member is separated from such extended

active duty.''.

SEC. 707. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED WARRIOR

                    ACT.

    Section 1631 of the Wounded Warrior Act (title XVI of

Public Law 110-181; 10 U.S.C. 1071 note) is amended by adding

at the end the following:
    ``(c) Rehabilitative Equipment for Members of the Armed

Forces.--
            ``(1) In general.--Subject to the availability of

        appropriations for such purpose, the Secretary of

        Defense may provide an active duty member of the Armed

        Forces with a severe injury or illness with

        rehabilitative equipment, including recreational sports

        equipment that provide an adaption or accommodation for

        the member, regardless of whether such equipment is

        intentionally designed to be adaptive equipment.
            ``(2) Consultation.--In carrying out this

        subsection, the Secretary of Defense shall consult with

        the Secretary of Veterans Affairs regarding similar

        programs carried out by the Secretary of Veterans

        Affairs.''.

SEC. 708. TRANSITION ENROLLMENT OF UNIFORMED SERVICES FAMILY HEALTH

                    PLAN MEDICARE-ELIGIBLE RETIREES TO TRICARE FOR

                    LIFE.

    Section 724(e) of the National Defense Authorization Act

for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note)

is amended--
            (1) by striking ``If a covered beneficiary'' and

        inserting ``(1) Except as provided in paragraph (2), if

        a covered beneficiary''; and
            (2) by adding at the end the following new

        paragraph:
    ``(2) After September 30, 2012, a covered beneficiary

(other than a beneficiary under section 1079 of title 10,

United States Code) who is also entitled to hospital insurance

benefits under part A of title XVIII of the Social Security Act

due to age may not enroll in the managed care program of a

designated provider unless the beneficiary was enrolled in that

program on September 30, 2012.''.

                 Subtitle B--Health Care Administration

SEC. 711. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL HEALTH

                    EVALUATIONS FOR MEMBERS OF THE ARMED FORCES.

    (a) Codification and Improvement of Procedures.--
            (1) In general.--Chapter 55 of title 10, United

        States Code, is amended by inserting after section 1090

        the following new section:

``Sec. 1090a. Commanding officer and supervisor referrals of members

                    for mental health evaluations

    ``(a) Regulations.--The Secretary of Defense shall

prescribe and maintain regulations relating to commanding

officer and supervisor referrals of members of the armed forces

for mental health evaluations. The regulations shall

incorporate the requirements set forth in subsections (b), (c),

and (d) and such other matters as the Secretary considers

appropriate.
    ``(b) Reduction of Perceived Stigma.--The regulations

required by subsection (a) shall, to the greatest extent

possible--
            ``(1) seek to eliminate perceived stigma associated

        with seeking and receiving mental health services,

        promoting the use of mental health services on a basis

        comparable to the use of other medical and health

        services; and
            ``(2) clarify the appropriate action to be taken by

        commanders or supervisory personnel who, in good faith,

        believe that a subordinate may require a mental health

        evaluation.
    ``(c) Procedures for Inpatient Evaluations.--The

regulations required by subsection (a) shall provide that, when

a commander or supervisor determines that it is necessary to

refer a member of the armed forces for a mental health

evaluation--
            ``(1) the health evaluation shall only be conducted

        in the most appropriate clinical setting, in accordance

        with the least restrictive alternative principle; and
            ``(2) only a psychiatrist, or, in cases in which a

        psychiatrist is not available, another mental health

        professional or a physician, may admit the member

        pursuant to the referral for a mental health evaluation

        to be conducted on an inpatient basis.
    ``(d) Prohibition on Use of Referrals for Mental Health

Evaluations to Retaliate Against Whistleblowers.--The

regulations required by subsection (a) shall provide that no

person may refer a member of the armed forces for a mental

health evaluation as a reprisal for making or preparing a

lawful communication of the type described in section

1034(c)(2) of this title, and applicable regulations. For

purposes of this subsection, such communication shall also

include a communication to any appropriate authority in the

chain of command of the member.
    ``(e) Definitions.--In this section:
            ``(1) The term `mental health professional' means a

        psychiatrist or clinical psychologist, a person with a

        doctorate in clinical social work, or a psychiatric

        clinical nurse specialist.
            ``(2) The term `mental health evaluation' means a

        psychiatric examination or evaluation, a psychological

        examination or evaluation, an examination for

        psychiatric or psychological fitness for duty, or any

        other means of assessing the state of mental health of

        a member of the armed forces.
            ``(3) The term `least restrictive alternative

        principle' means a principle under which a member of

        the armed forces committed for hospitalization and

        treatment shall be placed in the most appropriate and

        therapeutic available setting--
                    ``(A) that is no more restrictive than is

                conducive to the most effective form of

                treatment; and
                    ``(B) in which treatment is available and

                the risks of physical injury or property damage

                posed by such placement are warranted by the

                proposed plan of treatment.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of chapter 55 of such title is amended by

        inserting after the item relating to section 1090 the

        following new item:

``1090a. Commanding officer and supervisor referrals of members for

          mental health evaluations.''.


    (b) Conforming Repeal.--Section 546 of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106

Stat. 2416; 10 U.S.C. 1074 note) is repealed.

SEC. 712. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS UNDER THE

                    TRICARE PROGRAM FOR CARE PROVIDED OUTSIDE THE

                    UNITED STATES.

    Section 1106(b) of title 10, United States Code, is amended

by striking ``not later than'' and all that follows and

inserting the following: ``as follows:
            ``(1) In the case of services provided outside the

        United States, the Commonwealth of Puerto Rico, or the

        possessions of the United States, by not later than

        three years after the services are provided.
            ``(2) In the case of any other services, by not

        later than one year after the services are provided.''.

SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN HEALTH

                    CARE PROFESSIONALS.

    (a) Expansion.--Section 1094(d) of title 10, United States

Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``at any location'' before

                ``in any State''; and
                    (B) by striking ``regardless'' and all that

                follows through the period at the end and

                inserting ``regardless of where such health-
                care professional or the patient are located,

                so long as the practice is within the scope of

                the authorized Federal duties.''; and
            (2) in paragraph (2), by striking ``member of the

        armed forces'' and inserting ``member of the armed

        forces, civilian employee of the Department of Defense,

        personal services contractor under section 1091 of this

        title, or other health-care professional credentialed

        and privileged at a Federal health care institution or

        location specially designated by the Secretary for this

        purpose''.
    (b) Regulations.--The Secretary of Defense shall prescribe

regulations to carry out the amendments made by this section.

SEC. 714. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE

                    RECORDS.

    (a) In General.--Section 1102(j) of title 10, United States

Code, is amended--
            (1) in paragraph (1), by striking ``any activity

        carried out'' and inserting ``any peer review activity

        carried out''; and
            (2) by adding at the end the following new

        paragraph:
            ``(4) The term `peer review' means any assessment

        of the quality of medical care carried out by a health

        care professional, including any such assessment of

        professional performance, any patient safety program

        root cause analysis or report, or any similar activity

        described in regulations prescribed by the Secretary

        under subsection (i).''.
    (b) Effective Date.--The amendments made by subsection (a)

shall take effect on January 1, 2012.

SEC. 715. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS UNDER THE

                    TRICARE PROGRAM.

    Section 1097b(a) of title 10, United States Code, is

amended by adding at the end the following new paragraph:
    ``(3) In establishing rates and procedures for

reimbursement of providers and other administrative

requirements, including those contained in provider network

agreements, the Secretary shall, to the extent practicable,

maintain adequate networks of providers, including

institutional, professional, and pharmacy. For the purpose of

determining whether network providers under such provider

network agreements are subcontractors for purposes of the

Federal Acquisition Regulation or any other law, a TRICARE

managed care support contract that includes the requirement to

establish, manage, or maintain a network of providers may not

be considered to be a contract for the performance of health

care services or supplies on the basis of such requirement.''.

SEC. 716. REVIEW OF THE ADMINISTRATION OF THE MILITARY HEALTH SYSTEM.

    (a) Prohibition on Restructure or Reorganization.--
            (1) In general.--The Secretary of Defense may not

        restructure or reorganize the military health system

        until a 120-day period has elapsed following the date

        on which the report under subsection (b)(3) is

        submitted by the Comptroller General of the United

        States to the congressional defense committees.
            (2) Report.--The Secretary shall submit to the

        congressional defense committees a report that includes

        the following:
                    (A) A description of each of the options

                developed and considered by the task force

                established by the Deputy Secretary of Defense

                to review the governance model options for the

                military health system (in this section

                referred to as the ``task force'').
                    (B) The goals to be achieved by restructure

                or reorganization and the principles upon which

                they are based.
                    (C) A description of how each option would

                affect readiness, quality of care, and

                beneficiary satisfaction.
                    (D) An explanation of the costs of each

                option so considered.
                    (E) An analysis of the strengths and

                weaknesses of each option.
                    (F) An estimate of the cost savings, if

                any, to be achieved by each option compared to

                the military health system in place on the date

                of the enactment of this Act.
    (b) Comptroller General Review.--
            (1) Review required.--The Comptroller General of

        the United States shall carry out a review of the

        options described under subsection (a)(2)(A) and the

        recommendations made by the task force.
            (2) Elements.--The review under paragraph (1) shall

        include the following:
                    (A) An analysis of the strengths and

                weaknesses of each option.
                    (B) A comparison of each option to each of

                the governance models for the military health

                system adopted as of October 1, 1991.
                    (C) An estimate of the costs to implement

                each option.
                    (D) An estimate of the cost savings, if

                any, to be achieved by each option compared to

                the military health system in place on the date

                of the enactment of this Act.
            (3) Report.--Not later than 180 days after the date

        on which the Secretary submits the report under

        subsection (a)(2), the Comptroller General shall submit

        to the congressional defense committees a report on the

        review.

SEC. 717. LIMITATION ON AVAILABILITY OF FUNDS FOR THE FUTURE ELECTRONIC

                    HEALTH RECORDS PROGRAM.

    (a) Limitation.--Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2012

for the procurement, research, development, test, and

evaluation, or operation and maintenance of the future

electronic health records program, not more than 10 percent may

be obligated or expended until the date that is 30 days after

the date on which the Secretary of Defense submits to the

congressional defense committees a report addressing--
            (1) an architecture to guide the transition of the

        electronic health records of the Department of Defense

        to a future state that is cost-effective and

        interoperable;
            (2) the process for selecting investments in

        information technology that support the architecture

        described in paragraph (1);
            (3) the report required by section 715 of the Ike

        Skelton National Defense Authorization Act for Fiscal

        Year 2011 (Public Law 111-383; 124 Stat. 4249);
            (4) the role of the Interagency Program Office to

        manage or oversee efforts with respect to the future

        electronic health records program; and
            (5) any other matters the Secretary considers

        appropriate.
    (b) Future Electronic Health Records Program Defined.--In

this section, the term ``future electronic health records

program'' means the programs of the Department of Defense

referred to as the ``EHR way ahead'' and the ``virtual lifetime

electronic record''.

                 Subtitle C--Reports and Other Matters

SEC. 721. MODIFICATION OF AUTHORITIES ON SURVEYS ON CONTINUED VIABILITY

                    OF TRICARE STANDARD AND TRICARE EXTRA.

    (a) Scope of Certain Surveys.--Subsection (a)(3)(A) of

section 711 of the National Defense Authorization Act for

Fiscal Year 2008 (Public Law 110-181; 122 Stat. 190; 10 U.S.C.

1073 note) is amended by striking ``2011'' and inserting

``2015''.
    (b) Frequency of Submittal of GAO Reviews.--Subsection

(b)(2) of such section is amended by striking ``bi-annual

basis'' and inserting ``biennial basis''.

SEC. 722. TREATMENT OF WOUNDED WARRIORS.

    The Secretary of Defense may establish a program to enter

into partnerships to enable coordinated, rapid clinical

evaluation and the application of evidence-based treatment

strategies for wounded service members, with an emphasis on the

most common musculoskeletal injuries, that will address the

priorities of the Armed Forces with respect to retention and

readiness.

SEC. 723. REPORT ON RESEARCH AND TREATMENT OF POST-TRAUMATIC STRESS

                    DISORDER.

    Not later than one year after the date of the enactment of

this Act, the Secretary of Defense shall submit to the

congressional defense committees a report assessing the

benefits of neuroimaging research in an effort to identify, and

improve the diagnosis of, post-traumatic stress disorder.

SEC. 724. REPORT ON MEMORANDUM REGARDING TRAUMATIC BRAIN INJURIES.

    Not later than 180 days after the date of the enactment of

this Act, the Secretary of Defense shall submit to the

congressional defense committees a report on--
            (1) the implementation of the policy of the

        Department of Defense related to the management of

        concussion and mild traumatic brain injury in the

        deployed setting;
            (2) the effectiveness of such policy with respect

        to identifying and treating blast-related concussive

        injuries; and
            (3) the effect of such policy on operational

        effectiveness in theater.

SEC. 725. COMPTROLLER GENERAL REPORT ON WOMEN-SPECIFIC HEALTH SERVICES

                    AND TREATMENT FOR FEMALE MEMBERS OF THE ARMED

                    FORCES.

    (a) In General.--The Comptroller General of the United

States shall carry out a review of women-specific health

services and treatment for female members of the Armed Forces.
    (b) Elements.--The review required by subsection (a) shall

address, at a minimum, the following:
            (1) The need for women-specific health outreach,

        prevention, and treatment services for female members

        of the Armed Forces.
            (2) The access to and efficacy of existing women-
        specific mental health outreach, prevention, and

        treatment services and programs (including substance

        abuse programs).
            (3) The availability of women-specific services and

        treatment for female members of the Armed Forces who

        experience sexual assault or sexual abuse.
            (4) The access to and need for military medical

        treatment facilities to provide for the women-specific

        health care needs of female members of the Armed

        Forces.
            (5) The access to and efficacy of women-specific

        breast cancer services and programs with respect to

        outreach, prevention, and treatment.
            (6) The need for further clinical research on the

        women-specific health care needs of female members of

        the Armed Forces who served in a combat zone.
            (7) An assessment of the policies, procedures, and

        programs of the Department of Defense that include

        specific force health protection and access to care for

        female members of the Armed Forces as an element of

        readiness.
    (c) Report.--Not later than December 31, 2012, the

Comptroller General shall submit to the congressional defense

committees a report on the review required by subsection (a).

SEC. 726. COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH CARE STAFFING

                    FOR MILITARY MEDICAL TREATMENT FACILITIES.

    (a) Report.--Not later than March 31, 2012, the Comptroller

General of the United States shall submit to the Committee on

Armed Services of the House of Representatives and the

Committee on Armed Services of the Senate a report on the

contracting activities of the military departments with respect

to providing health care professional services to members of

the Armed Forces, dependents, and retirees.
    (b) Matters Included.--The report under subsection (a)

shall include the following:
            (1) A review of the contracting practices used by

        the military departments to provide health care

        professional services by civilian providers.
            (2) An assessment of whether the contracting

        practices described in paragraph (1) are the most cost

        effective means to provide necessary care.
            (3) A determination of--
                    (A) the percentage of contract health care

                professionals who provide services to members

                of the Armed Forces, dependents, or retirees in

                military medical treatment facilities or other

                on-base facilities; and
                    (B) the percentage of contract health care

                professionals who provide services to members

                of the Armed Forces, dependents, or retirees in

                off-base private facilities.
            (4) A comparison of the cost associated with the

        provision of care by contract health care professionals

        described in subparagraphs (A) and (B) of paragraph

        (3).
            (5) An assessment of whether or not consolidating

        health care staffing requirements for military medical

        treatment facilities and other on-base clinics in

        defined geographic areas (including regions or

        catchment areas) would achieve economies of scale and

        cost savings or avoidance with respect to contracting

        for health care professionals.
            (6) An assessment of whether private sector

        entities that provide health care professional staff on

        a contract basis to military medical treatment

        facilities and other on-base clinics meet certain basic

        standards of professionalism, including those described

        in section 732(c)(2)(A) of the National Defense

        Authorization Act for Fiscal Year 2007 (Public Law 109-
        364; 120 Stat. 2297).
            (7) An assessment of the acquisition training and

        experience of the contracting officers or other

        personnel within military medical treatment facilities

        that award or administer contracts regarding the

        services of health care professionals.
            (8) Any recommendations the Comptroller General

        considers appropriate regarding improving the

        contracting activities of the military departments with

        respect to providing health care professional services.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

                                MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Requirements relating to core depot-level maintenance and

          repair capabilities for Milestone A and Milestone B and

          elimination of references to Key Decision Points A and B.
Sec. 802. Revision to law relating to disclosures to litigation support

          contractors.
Sec. 803. Extension of applicability of the senior executive benchmark

          compensation amount for purposes of allowable cost limitations

          under defense contracts.
Sec. 804. Extension of availability of funds in the Defense Acquisition

          Workforce Development Fund.
Sec. 805. Defense Contract Audit Agency annual report.
Sec. 806. Inclusion of data on contractor performance in past

          performance databases for source selection decisions.
Sec. 807. Implementation of recommendations of Defense Science Board

          Task Force on Improvements to Service Contracting.
Sec. 808. Temporary limitation on aggregate annual amount available for

          contract services.
Sec. 809. Annual report on single-award task and delivery order

          contracts.

 Subtitle B--Amendments to General Contracting Authorities, Procedures,

                             and Limitations

Sec. 811. Calculation of time period relating to report on critical

          changes in major automated information systems.
Sec. 812. Change in deadline for submission of Selected Acquisition

          Reports from 60 to 45 days.
Sec. 813. Extension of sunset date for certain protests of task and

          delivery order contracts.
Sec. 814. Clarification of Department of Defense authority to purchase

          right-hand drive passenger sedan vehicles and adjustment of

          threshold for inflation.
Sec. 815. Rights in technical data and validation of proprietary data

          restrictions.
Sec. 816. Covered contracts for purposes of requirements on contractor

          business systems.
Sec. 817. Compliance with defense procurement requirements for purposes

          of internal controls of non-defense agencies for procurements

          on behalf of the Department of Defense.
Sec. 818. Detection and avoidance of counterfeit electronic parts.
Sec. 819. Modification of certain requirements of the Weapon Systems

          Acquisition Reform Act of 2009.
Sec. 820. Inclusion of contractor support requirements in Department of

          Defense planning documents.
Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from

          American sources.
Sec. 822. Repeal of sunset of authority to procure fire resistant rayon

          fiber from foreign sources for the production of uniforms.
Sec. 823. Prohibition on collection of political information.

  Subtitle C--Provisions Relating to Major Defense Acquisition Programs

Sec. 831. Waiver of requirements relating to new milestone approval for

          certain major defense acquisition programs experiencing

          critical cost growth due to change in quantity purchased.
Sec. 832. Assessment, management, and control of operating and support

          costs for major weapon systems.
Sec. 833. Clarification of responsibility for cost analyses and targets

          for contract negotiation purposes.
Sec. 834. Modification of requirements for guidance on management of

          manufacturing risk in major defense acquisition programs.
Sec. 835. Management of developmental test and evaluation for major

          defense acquisition programs.
Sec. 836. Assessment of risk associated with development of major weapon

          systems to be procured under cooperative projects with

          friendly foreign countries.
Sec. 837. Competition in maintenance and sustainment of subsystems of

          major weapon systems.
Sec. 838. Oversight of and reporting requirements with respect to

          Evolved Expendable Launch Vehicle program.
Sec. 839. Implementation of acquisition strategy for Evolved Expendable

          Launch Vehicle.

 Subtitle D--Provisions Relating to Contracts in Support of Contingency

                    Operations in Iraq or Afghanistan

Sec. 841. Prohibition on contracting with the enemy in the United States

          Central Command theater of operations.
Sec. 842. Additional access to contractor and subcontractor records in

          the United States Central Command theater of operations.
Sec. 843. Reach-back contracting authority for Operation Enduring

          Freedom and Operation New Dawn.
Sec. 844. Competition and review of contracts for property or services

          in support of a contingency operation.
Sec. 845. Inclusion of associated support services in rapid acquisition

          and deployment procedures for supplies.
Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent

          operational needs.

               Subtitle E--Defense Industrial Base Matters

Sec. 851. Assessment of the defense industrial base pilot program.
Sec. 852. Strategy for securing the defense supply chain and industrial

          base.
Sec. 853. Assessment of feasability and advisability of establishment of

          rare earth material inventory.
Sec. 854. Department of Defense assessment of industrial base for night

          vision image intensification sensors.
Sec. 855. Technical amendment relating to responsibilities of Deputy

          Assistant Secretary of Defense for Manufacturing and

          Industrial Base Policy.

                        Subtitle F--Other Matters

Sec. 861. Clarification of jurisdiction of the United States district

          courts to hear bid protest disputes involving maritime

          contracts.
Sec. 862. Encouragement of contractor Science, Technology, Engineering,

          and Math (STEM) programs.
Sec. 863. Sense of Congress and report on authorities available to the

          Department of Defense for multiyear contracts for the purchase

          of alternative fuels.
Sec. 864. Acquisition workforce improvements.
Sec. 865. Modification of delegation of authority to make determinations

          on entry into cooperative research and development agreements

          with NATO and other friendly organizations and countries.
Sec. 866. Three-year extension of test program for negotiation of

          comprehensive small business subcontracting plans.
Sec. 867. Five-year extension of Department of Defense Mentor-Protege

          Program.

             Subtitle A--Acquisition Policy and Management

SEC. 801. REQUIREMENTS RELATING TO CORE DEPOT-LEVEL MAINTENANCE AND

                    REPAIR CAPABILITIES FOR MILESTONE A AND MILESTONE B

                    AND ELIMINATION OF REFERENCES TO KEY DECISION

                    POINTS A AND B.

    (a) Additional Milestone a Requirements.--
            (1) Additional items of certification.--Subsection

        (a) of section 2366a of title 10, United States Code,

        is amended--
                    (A) in paragraph (2), by striking ``core

                competency'' and inserting ``function'';
                    (B) by redesignating paragraphs (4) and (5)

                as paragraphs (6) and (7), respectively;
                    (C) by inserting after paragraph (3) the

                following new paragraph (4):
            ``(4) that a determination of applicability of core

        depot-level maintenance and repair capabilities

        requirements has been made;''; and
                    (D) in paragraph (6) (as so redesignated),

                by striking ``develop and procure'' and

                inserting ``develop, procure, and sustain''.
            (2) Definition.--Subsection (c) of such section is

        amended by adding at the end the following new

        paragraph:
            ``(7) The term `core depot-level maintenance and

        repair capabilities'' means the core depot-level

        maintenance and repair capabilities identified under

        section 2464(a) of this title.''.
    (b) Additional Milestone B Requirements.--
            (1) Additional item of certification.--Subsection

        (a)(3) of section 2366b of title 10, United States

        Code, is amended--
                    (A) by redesignating subparagraph (E) as

                subparagraph (G);
                    (B) by striking ``and'' at the end of

                subparagraph (D); and
                    (C) by inserting after subparagraph (D) the

                following new subparagraphs:
                    ``(E) life-cycle sustainment planning,

                including corrosion prevention and mitigation

                planning, has identified and evaluated relevant

                sustainment costs throughout development,

                production, operation, sustainment, and

                disposal of the program, and any alternatives,

                and that such costs are reasonable and have

                been accurately estimated;
                    ``(F) an estimate has been made of the

                requirements for core depot-level maintenance

                and repair capabilities, as well as the

                associated logistics capabilities and the

                associated sustaining workloads required to

                support such requirements; and''.
            (2) Definition.--Subsection (g) of such section is

        amended by striking paragraph (5) (relating to Key

        Decision Point B) and inserting the following new

        paragraph (5):
            ``(5) The term `core logistics capabilities' means

        the core logistics capabilities identified under

        section 2464(a) of this title.''.
    (c) Requirements Prior to Low-Rate Initial Production.--
Prior to entering into a contract for low-rate initial

production of a major defense acquisition program, the

Secretary of Defense shall ensure that the detailed

requirements for core depot-level maintenance and repair

capabilities, as well as the associated logistics capabilities

and the associated sustaining workloads required to support

such requirements, have been defined.
    (d) Guidance.--Not later than 120 days after the date of

the enactment of this Act, the Secretary of Defense shall issue

guidance implementing the amendments made by subsections (a)

and (b), and subsection (c), in a manner that is consistent

across the Department of Defense.
    (e) Elimination of References to Key Decision Points A and

B.--
            (1) Amendments to section 2366a.--Section 2366a of

        title 10, United States Code, is amended--
                    (A) in the section heading, by striking

                ``or Key Decision Point'';
                    (B) in subsection (a), in the matter

                preceding paragraph (1), by striking ``, or Key

                Decision Point A approval in the case of a

                space program,'' and by striking ``, or Key

                Decision Point B approval in the case of a

                space program,''; and
                    (C) in subsection (b)--
                            (i) in paragraph (1), by striking

                        ``(or Key Decision Point A approval in

                        the case of a space program)''; and
                            (ii) in paragraph (2)(C)(ii), by

                        striking ``, or Key Decision Point A

                        approval in the case of a space

                        program,''.
            (2) Amendments to section 2366b.--Section 2366b of

        such title is amended--
                    (A) in the section heading, by striking

                ``or Key Decision Point B'';
                    (B) in subsection (a), in the matter

                preceding paragraph (1), by striking ``, or Key

                Decision Point B approval in the case of a

                space program,''; and
                    (C) in subsections (b)(2) and (d)(1), by

                striking ``(or Key Decision Point B approval in

                the case of a space program)'' each place it

                appears.
            (3) Amendments to table of sections.--The items

        relating to sections 2366a and 2366b in the table of

        sections at the beginning of chapter 139 of such title

        are amended to read as follows:

``2366a. Major defense acquisition programs: certification required

          before Milestone A approval.
``2366b. Major defense acquisition programs: certification required

          before Milestone B approval.''.


            (4) Additional conforming amendments.--Section

        2433a(c)(1) of such title is amended by striking ``, or

        Key Decision Point approval in the case of a space

        program,'' each place it appears in subparagraphs (B)

        and (C).

SEC. 802. REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT

                    CONTRACTORS.

    (a) In General.--
            (1) Revised authority to cover disclosures under

        litigation support contracts.--Chapter 3 of title 10,

        United States Code, is amended by inserting after

        section 129c the following new section:

``Sec. 129d. Disclosure to litigation support contractors

    ``(a) Disclosure Authority.--An officer or employee of the

Department of Defense may disclose sensitive information to a

litigation support contractor if--
            ``(1) the disclosure is for the sole purpose of

        providing litigation support to the Government in the

        form of administrative, technical, or professional

        services during or in anticipation of litigation; and
            ``(2) under a contract with the Government, the

        litigation support contractor agrees to and

        acknowledges--
                    ``(A) that sensitive information furnished

                will be accessed and used only for the purposes

                stated in the relevant contract;
                    ``(B) that the contractor will take all

                precautions necessary to prevent disclosure of

                the sensitive information provided to the

                contractor;
                    ``(C) that such sensitive information

                provided to the contractor under the authority

                of this section shall not be used by the

                contractor to compete against a third party for

                Government or non-Government contracts; and
                    ``(D) that the violation of subparagraph

                (A), (B), or (C) is a basis for the Government

                to terminate the litigation support contract of

                the contractor.
    ``(b) Definitions.--In this section:
            ``(1) The term `litigation support contractor'

        means a contractor (including an expert or technical

        consultant) under contract with the Department of

        Defense to provide litigation support.
            ``(2) The term `sensitive information' means

        confidential commercial, financial, or proprietary

        information, technical data, or other privileged

        information.''.
            (2) Clerical amendment.--The table of sections at

        the beginning of such chapter is amended by inserting

        after the item relating to section 129c the following

        new item:

``129d. Disclosure to litigation support contractors.''.


    (b) Repeal of Superseded Provisions Enacted in Public Law

111-383.--Section 2320 of such title is amended--
            (1) in subsection (c)(2)--
                    (A) by striking ``subsection (a)'' and all

                that follows through ``a covered Government''

                and inserting ``subsection (a), allowing a

                covered Government''; and
                    (B) by striking subparagraph (B); and
            (2) by striking subsection (g).

SEC. 803. EXTENSION OF APPLICABILITY OF THE SENIOR EXECUTIVE BENCHMARK

                    COMPENSATION AMOUNT FOR PURPOSES OF ALLOWABLE COST

                    LIMITATIONS UNDER DEFENSE CONTRACTS.

    (a) Certain Compensation Not Allowable Under Defense

Contracts.--Subsection (e)(1)(P) of section 2324 of title 10,

United States Code, is amended--
            (1) by striking ``senior executives of

        contractors'' and inserting ``any contractor

        employee''; and
            (2) by adding before the period at the end the

        following: ``, except that the Secretary of Defense may

        establish one or more narrowly targeted exceptions for

        scientists and engineers upon a determination that such

        exceptions are needed to ensure that the Department of

        Defense has continued access to needed skills and

        capabilities''.
    (b) Conforming Amendment.--Subsection (l) of such section

is amended by striking paragraph (5).
    (c) Effective Date.--The amendments made by this section--
            (1) shall be implemented in the Federal Acquisition

        Regulation within 180 days after the date of the

        enactment of this Act; and
            (2) shall apply with respect to costs of

        compensation incurred after January 1, 2012, under

        contracts entered into before, on, or after the date of

        the enactment of this Act.

SEC. 804. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE ACQUISITION

                    WORKFORCE DEVELOPMENT FUND.

    (a) Availability.--Paragraph (6) of section 1705(e) of

title 10, United States Code, is amended to read as follows:
            ``(6) Duration of availability.--Amounts credited

        to the Fund in accordance with subsection (d)(2),

        transferred to the Fund pursuant to subsection (d)(3),

        appropriated to the Fund, or deposited to the Fund

        shall remain available for obligation in the fiscal

        year for which credited, transferred, appropriated, or

        deposited and the two succeeding fiscal years.''.
    (b) Effective Date.--Paragraph (6) of such section, as

amended by subsection (a), shall not apply to funds directly

appropriated to the Fund before the date of the enactment of

this Act.

SEC. 805. DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT.

    (a) Defense Contract Audit Agency Annual Report.--Chapter

137 of title 10, United States Code, is amended by inserting

after section 2313 the following new section:

``Sec. 2313a. Defense Contract Audit Agency: annual report

    ``(a) Required Report.--The Director of the Defense

Contract Audit Agency shall prepare an annual report of the

activities of the Agency during the previous fiscal year. The

report shall include, at a minimum--
            ``(1) a description of significant problems,

        abuses, and deficiencies encountered during the conduct

        of contractor audits;
            ``(2) statistical tables showing--
                    ``(A) the total number of audit reports

                completed and pending;
                    ``(B) the priority given to each type of

                audit;
                    ``(C) the length of time taken for each

                type of audit;
                    ``(D) the total dollar value of questioned

                costs (including a separate category for the

                dollar value of unsupported costs); and
                    ``(E) an assessment of the number and types

                of audits pending for a period longer than

                allowed pursuant to guidance of the Defense

                Contract Audit Agency;
            ``(3) a summary of any recommendations of actions

        or resources needed to improve the audit process; and
            ``(4) any other matters the Director considers

        appropriate.
    ``(b) Submission of Annual Report.--Not later than March 30

of each year, the Director shall submit to the congressional

defense committees the report required by subsection (a).
    ``(c) Public Availability.--Not later than 60 days after

the submission of an annual report to the congressional defense

committees under subsection (b), the Director shall make the

report available on the publicly available website of the

Agency or such other publicly available website as the Director

considers appropriate.''.
    (b) Clerical Amendment.--The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 2313 the following new item:

``2313a. Defense Contract Audit Agency: annual report.''.


SEC. 806. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST

                    PERFORMANCE DATABASES FOR SOURCE SELECTION

                    DECISIONS.

    (a) Strategy on Inclusion Required.--Not later than 180

days after the date of the enactment of this Act, the Under

Secretary of Defense for Acquisition, Technology, and Logistics

shall develop a strategy for ensuring that timely, accurate,

and complete information on contractor performance is included

in past performance databases used for making source selection

decisions.
    (b) Elements.--The strategy required by subsection (a)

shall, at a minimum--
            (1) establish standards for the timeliness and

        completeness of past performance submissions for

        purposes of databases described in subsection (a);
            (2) assign responsibility and management

        accountability for the completeness of past performance

        submissions for such purposes; and
            (3) ensure that past performance submissions for

        such purposes are consistent with award fee evaluations

        in cases where such evaluations have been conducted.
    (c) Contractor Comments.--Not later than 180 days after the

date of the enactment of this Act, the Under Secretary of

Defense for Acquisition, Technology, and Logistics shall revise

the Defense Supplement to the Federal Acquisition Regulation to

require the following:
            (1) That affected contractors are provided, in a

        timely manner, information on contractor performance to

        be included in past performance databases in accordance

        with subsection (a).
            (2) That such contractors are afforded up to 14

        calendar days, from the date of delivery of the

        information provided in accordance with paragraph (1),

        to submit comments, rebuttals, or additional

        information pertaining to past performance for

        inclusion in such databases.
            (3) That agency evaluations of contractor past

        performance, including any information submitted under

        paragraph (2), are included in the relevant past

        performance database not later than the date that is 14

        days after the date of delivery of the information

        provided in accordance with paragraph (1).
    (d) Construction.--Nothing in this section shall be

construed to prohibit a contractor from submitting comments,

rebuttals, or additional information pertaining to past

performance after the period described in paragraph (2) has

elapsed or to prohibit a contractor from challenging a past

performance evaluation in accordance with applicable laws,

regulations, or procedures.
    (e) Comptroller General Report.--Not later than 18 months

after the date of the enactment of this Act, the Comptroller

General of the United States shall submit to the congressional

defense committees a report on the actions taken by the Under

Secretary of Defense for Acquisition, Technology, and Logistics

pursuant to this section, including an assessment of the extent

to which such actions have achieved the objectives of this

section.

SEC. 807. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE SCIENCE BOARD

                    TASK FORCE ON IMPROVEMENTS TO SERVICE CONTRACTING.

    (a) Plan for Implementation.--Not later than 180 days after

the date of the enactment of this Act, the Under Secretary of

Defense for Acquisition, Technology, and Logistics shall,

acting pursuant to the Under Secretary's responsibility under

section 2330 of title 10, United States Code, develop a plan

for implementing the recommendations of the Defense Science

Board Task Force on Improvements to Service Contracting.
    (b) Elements.--The plan developed pursuant to subsection

(a) shall include, to the extent determined appropriate by the

Under Secretary for Acquisition, Technology, and Logistics, the

following:
            (1) Meaningful incentives to services contractors

        for high performance at low cost, consistent with the

        objectives of the Better Buying Power Initiative

        established by the Under Secretary.
            (2) Improved means of communication between the

        Government and the services contracting industry in the

        process of developing requirements for services

        contracts.
            (3) Clear guidance for defense acquisition

        personnel on the use of appropriate contract types for

        particular categories of services contracts.
            (4) Formal certification and training requirements

        for services acquisition personnel, consistent with the

        requirements of sections 1723 and 1724 of title 10,

        United States Code.
            (5) Appropriate emphasis on the recruiting and

        training of services acquisition personnel, consistent

        with the strategic workforce plan developed pursuant to

        section 115b of title 10, United States Code, and the

        funds available through the Department of Defense

        Acquisition Workforce Development Fund established

        pursuant to section 1705 of title 10, United States

        Code.
            (6) Policies and guidance on career development for

        services acquisition personnel, consistent with the

        requirements of sections 1722a and 1722b of title 10,

        United States Code.
            (7) Actions to ensure that the military departments

        dedicate portfolio-specific commodity managers to

        coordinate the procurement of key categories of

        contract services, as required by section 2330(b)(3)(C)

        of title 10, United States Code.
            (8) Actions to ensure that the Department of

        Defense conducts realistic exercises and training that

        account for services contracting during contingency

        operations, as required by section 2333(e) of title 10,

        United States Code.
    (c) Comptroller General Report.--Not later than 18 months

after the date of the enactment of this Act, the Comptroller

General of the United States shall submit to the congressional

defense committees a report on the following:
            (1) The actions taken by the Under Secretary of

        Defense for Acquisition, Technology, and Logistics to

        carry out the requirements of this section.
            (2) The actions taken by the Under Secretary to

        carry out the requirements of section 2330 of title 10,

        United States Code.
            (3) The actions taken by the military departments

        to carry out the requirements of section 2330 of title

        10, United States Code.
            (4) The extent to which the actions described in

        paragraphs (1), (2), and (3) have resulted in the

        improved acquisition and management of contract

        services.

SEC. 808. TEMPORARY LIMITATION ON AGGREGATE ANNUAL AMOUNT AVAILABLE FOR

                    CONTRACT SERVICES.

    (a) Limitation.--Except as provided in subsection (b), the

total amount obligated by the Department of Defense for

contract services in fiscal year 2012 or 2013 may not exceed

the total amount requested for the Department for contract

services in the budget of the President for fiscal year 2010

(as submitted to Congress pursuant to section 1105(b) of title

31, United States Code) adjusted for net transfers from funding

for overseas contingency operations.
    (b) Exception.--Notwithstanding the limitation in

subsection (a), the total amount obligated by the Department

for contract services in fiscal year 2012 or 2013 may exceed

the amount otherwise provided pursuant to subsection (a) by an

amount elected by the Secretary of Defense that is not greater

than the cost of any increase in such fiscal year in the number

of civilian billets at the Department that has been approved by

the Secretary over the number of such billets at the Department

in fiscal year 2010.
    (c) Guidance.--Not later than 60 days after the date of the

enactment of this Act, the Secretary shall issue guidance to

the military departments and the Defense Agencies on

implementation of this section during fiscal years 2012 and

2013. The guidance shall, at a minimum--
            (1) establish a negotiation objective that labor

        rates and overhead rates in any contract or task order

        for contract services with an estimated value in excess

        of $10,000,000 awarded to a contractor in fiscal year

        2012 or 2013 shall not exceed labor rates and overhead

        rates paid to the contractor for contract services in

        fiscal year 2010;
            (2) require the Secretaries of the military

        departments and the heads of the Defense Agencies to

        approve in writing any contract or task order for

        contract services with an estimated value in excess of

        $10,000,000 awarded to a contractor in fiscal year 2012

        or 2013 that provides for continuing services at an

        annual cost that exceeds the annual cost paid by the

        military department or Defense Agency concerned for the

        same or similar services in fiscal year 2010;
            (3) require the Secretaries of the military

        departments and the heads of the Defense Agencies to

        eliminate any contractor positions identified by the

        military department or Defense Agency concerned as

        being responsible for the performance of inherently

        governmental functions;
            (4) require the Secretaries of the military

        departments and the heads of the Defense Agencies to

        reduce by 10 percent per fiscal year in each of fiscal

        years 2012 and 2013 the funding of the military

        department or Defense Agency concerned for--
                    (A) staff augmentation contracts; and
                    (B) contracts for the performance of

                functions closely associated with inherently

                governmental functions; and
            (5) assign responsibility to the management

        officials designated pursuant to section 2330 of title

        10, United States Code, and section 812(b) of the

        National Defense Authorization Act for Fiscal Year 2006

        (Public Law 109-163; 119 Stat. 3378; 10 U.S.C. 2330

        note) to provide oversight and ensure the

        implementation of the requirements of this section

        during fiscal years 2012 and 2013.
    (d) Definitions.--In this section:
            (1) The term ``contract services'' has the meaning

        given that term in section 235 of title 10, United

        States Code, except that the term does not include

        services that are funded out of amounts available for

        overseas contingency operations.
            (2) The term ``function closely associated with

        inherently governmental functions'' has the meaning

        given that term in section 2383(b)(3) of title 10,

        United States Code.
            (3) The term ``staff augmentation contracts'' means

        contracts for personnel who are subject to the

        direction of a government official other than the

        contracting officer for the contract, including, but

        not limited to, contractor personnel who perform

        personal services contracts (as that term is defined in

        section 2330a(g)(5) of title 10, United States Code).
            (4) The term ``transfers from funding for overseas

        contingency operations'' means amounts funded out of

        amounts available for overseas contingency operations

        in fiscal year 2010 that are funded out of amounts

        other than amounts so available in fiscal year 2012 or

        2013.

SEC. 809. ANNUAL REPORT ON SINGLE-AWARD TASK AND DELIVERY ORDER

                    CONTRACTS.

    (a) Annual Report.--
            (1) In general.--Paragraph (2) of section 817(d) of

        the Bob Stump National Defense Authorization Act for

        Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2611;

        10 U.S.C. 2306a note) is amended--
                    (A) in subparagraph (A), by striking

                ``and'' at the end;
                    (B) in subparagraph (B), by striking the

                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new

                subparagraph:
            ``(C) with respect to any determination pursuant to

        section 2304a(d)(3)(D) of title 10, United States Code,

        that because of exceptional circumstances it is

        necessary in the public interest to award a task or

        delivery order contract with an estimated value in

        excess of $100,000,000 to a single source, an

        explanation of the basis for the determination.''.
            (2) Conforming amendment.--The heading of such

        section is amended by striking ``With Price or Value

        Greater Than $15,000,000''.
    (b) Repeal of Case-by-Case Reporting Requirement.--Section

2304a(d)(3) of title 10, United States Code, is amended--
            (1) by striking subparagraph (B);
            (2) by striking ``(A)'';
            (3) by redesignating clauses (i), (ii), (iii), and

        (iv) as subparagraphs (A), (B), (C), and (D),

        respectively; and
            (4) in subparagraph (B), as redesignated by

        paragraph (3), by redesignating subclauses (I) and (II)

        as clauses (i) and (ii), respectively.

Subtitle B--Amendments to General Contracting Authorities, Procedures,

                            and Limitations

SEC. 811. CALCULATION OF TIME PERIOD RELATING TO REPORT ON CRITICAL

                    CHANGES IN MAJOR AUTOMATED INFORMATION SYSTEMS.

    Section 2445c(d)(2)(A) of title 10, United States Code, is

amended to read as follows:
                    ``(A) the automated information system or

                information technology investment failed to

                achieve a full deployment decision within five

                years after the Milestone A decision for the

                program or, if there was no Milestone A

                decision, the date when the preferred

                alternative is selected for the program

                (excluding any time during which program

                activity is delayed as a result of a bid

                protest);''.

SEC. 812. CHANGE IN DEADLINE FOR SUBMISSION OF SELECTED ACQUISITION

                    REPORTS FROM 60 TO 45 DAYS.

    Section 2432(f) of title 10, United States Code, is amended

by striking ``60'' and inserting ``45''.

SEC. 813. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF TASK AND

                    DELIVERY ORDER CONTRACTS.

     Paragraph (3) of section 4106(f) of title 41, United

States Code, is amended to read as follows:
            ``(3) Effective period.--Paragraph (1)(B) and

        paragraph (2) of this subsection shall not be in effect

        after September 30, 2016.''.

SEC. 814. CLARIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO PURCHASE

                    RIGHT-HAND DRIVE PASSENGER SEDAN VEHICLES AND

                    ADJUSTMENT OF THRESHOLD FOR INFLATION.

    (a) Clarification of Authority.--Section 2253(a)(2) of

title 10, United States Code, is amended by striking

``vehicles'' and inserting ``passenger sedans''.
    (b) Adjustment for Inflation.--The Department of Defense

representative to the Federal Acquisition Regulatory Council

established under section 1302 of title 41, United States Code,

shall ensure that the threshold established in section 2253 of

title 10, United States Code, for the acquisition of right-hand

drive passenger sedans is included on the list of dollar

thresholds that are subject to adjustment for inflation in

accordance with the requirements of section 1908 of title 41,

United States Code, and is adjusted pursuant to such provision,

as appropriate.

SEC. 815. RIGHTS IN TECHNICAL DATA AND VALIDATION OF PROPRIETARY DATA

                    RESTRICTIONS.

    (a) Rights in Technical Data.--Section 2320 of title 10,

United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(D)(i)--
                            (i) in subclause (I), by striking

                        ``or'' at the end;
                            (ii) by redesignating subclause

                        (II) as subclause (III); and
                            (iii) by inserting after subclause

                        (I) the following new subclause (II):
                            ``(II) is necessary for the

                        segregation of an item or process from,

                        or the reintegration of that item or

                        process (or a physically or

                        functionally equivalent item or

                        process) with, other items or

                        processes; or'';
                    (B) in paragraph (2)(E), by striking ``and

                shall be based'' and all that follows through

                ``such rights shall'' and inserting ``. The

                United States shall have government purpose

                rights in such technical data, except in any

                case in which the Secretary of Defense

                determines, on the basis of criteria

                established in such regulations, that

                negotiation of different rights in such

                technical data would be in the best interest of

                the United States. The establishment of any

                such negotiated rights shall''; and
                    (C) in paragraph (3), by striking ``for the

                purposes of paragraph (2)(B), but shall be

                considered to be Federal funds for the purposes

                of paragraph (2)(A)'' and inserting ``for the

                purposes of the definitions under this

                paragraph''; and
            (2) in subsection (b)--
                    (A) in paragraph (7), by striking ``and''

                at the end;
                    (B) in paragraph (8), by striking the

                period and inserting a semicolon; and
                    (C) by adding at the end the following new

                paragraphs:
            ``(9) providing that, in addition to technical data

        that is already subject to a contract delivery

        requirement, the United States may require at any time

        the delivery of technical data that has been generated

        or utilized in the performance of a contract, and

        compensate the contractor only for reasonable costs

        incurred for having converted and delivered the data in

        the required form, upon a determination that--
                    ``(A) the technical data is needed for the

                purpose of reprocurement, sustainment,

                modification, or upgrade (including through

                competitive means) of a major system or

                subsystem thereof, a weapon system or subsystem

                thereof, or any noncommercial item or process;

                and
                    ``(B) the technical data--
                            ``(i) pertains to an item or

                        process developed in whole or in part

                        with Federal funds; or
                            ``(ii) is necessary for the

                        segregation of an item or process from,

                        or the reintegration of that item or

                        process (or a physically or

                        functionally equivalent item or

                        process) with, other items or

                        processes; and
            ``(10) providing that the United States is not

        foreclosed from requiring the delivery of the technical

        data by a failure to challenge, in accordance with the

        requirements of section 2321(d) of this title, the

        contractor's assertion of a use or release restriction

        on the technical data.''.
    (b) Validation of Proprietary Data Restrictions.--Section

2321(d)(2) of such title is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by

                striking ``Except as provided in subparagraph

                (C)'' and all that follows through ``three-year

                period'' and inserting ``A challenge to a use

                or release restriction asserted by the

                contractor in accordance with applicable

                regulations may not be made under paragraph (1)

                after the end of the six-year period'';
                    (B) in clause (ii), by striking ``or'' at

                the end;
                    (C) in clause (iii) by striking the period

                and inserting ``; or''; and
                    (D) by adding at the end the following new

                clause:
                    ``(iv) are the subject of a fraudulently

                asserted use or release restriction.'';
            (2) in subparagraph (B), by striking ``three-year

        period'' each place it appears and inserting ``six-year

        period''; and
            (3) by striking subparagraph (C).
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph

        (2), the amendments made by this section shall take

        effect on the date of the enactment of this Act.
            (2) Exception.--The amendment made by subsection

        (a)(1)(C) shall take effect on January 7, 2011,

        immediately after the enactment of the Ike Skelton

        National Defense Authorization Act for Fiscal Year 2011

        (Public Law 111-383), to which such amendment relates.

SEC. 816. COVERED CONTRACTS FOR PURPOSES OF REQUIREMENTS ON CONTRACTOR

                    BUSINESS SYSTEMS.

    Paragraph (3) of section 893(f) of the Ike Skelton National

Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 124 Stat. 4312; 10 U.S.C. 2302 note) is amended to read as

follows:
            ``(3) The term `covered contract' means a contract

        that is subject to the cost accounting standards

        promulgated pursuant to section 1502 of title 41,

        United States Code, that could be affected if the data

        produced by a contractor business system has a

        significant deficiency.''.

SEC. 817. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES

                    OF INTERNAL CONTROLS OF NON-DEFENSE AGENCIES FOR

                    PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF

                    DEFENSE.

    Section 801(d) of the National Defense Authorization Act

for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by

striking ``with the requirements'' and all that follows and

inserting ``with the following:
            ``(1) The Federal Acquisition Regulation and other

        laws and regulations that apply to procurements of

        property and services by Federal agencies.
            ``(2) Laws and regulations (including applicable

        Department of Defense financial management regulations)

        that apply to procurements of property and services

        made by the Department of Defense through other Federal

        agencies.''.

SEC. 818. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.

    (a) Assessment of Department of Defense Policies and

Systems.--The Secretary of Defense shall conduct an assessment

of Department of Defense acquisition policies and systems for

the detection and avoidance of counterfeit electronic parts.
    (b) Actions Following Assessment.--Not later than 180 days

after the date of the enactment of the Act, the Secretary

shall, based on the results of the assessment required by

subsection (a)--
            (1) establish Department-wide definitions of the

        terms ``counterfeit electronic part'' and ``suspect

        counterfeit electronic part'', which definitions shall

        include previously used parts represented as new;
            (2) issue or revise guidance applicable to

        Department components engaged in the purchase of

        electronic parts to implement a risk-based approach to

        minimize the impact of counterfeit electronic parts or

        suspect counterfeit electronic parts on the Department,

        which guidance shall address requirements for training

        personnel, making sourcing decisions, ensuring

        traceability of parts, inspecting and testing parts,

        reporting and quarantining counterfeit electronic parts

        and suspect counterfeit electronic parts, and taking

        corrective actions (including actions to recover costs

        as described in subsection (c)(2));
            (3) issue or revise guidance applicable to the

        Department on remedial actions to be taken in the case

        of a supplier who has repeatedly failed to detect and

        avoid counterfeit electronic parts or otherwise failed

        to exercise due diligence in the detection and

        avoidance of such parts, including consideration of

        whether to suspend or debar a supplier until such time

        as the supplier has effectively addressed the issues

        that led to such failures;
            (4) establish processes for ensuring that

        Department personnel who become aware of, or have

        reason to suspect, that any end item, component, part,

        or material contained in supplies purchased by or for

        the Department contains counterfeit electronic parts or

        suspect counterfeit electronic parts provide a report

        in writing within 60 days to appropriate Government

        authorities and to the Government-Industry Data

        Exchange Program (or a similar program designated by

        the Secretary); and
            (5) establish a process for analyzing, assessing,

        and acting on reports of counterfeit electronic parts

        and suspect counterfeit electronic parts that are

        submitted in accordance with the processes under

        paragraph (4).
    (c) Regulations.--
            (1) In general.--Not later than 270 days after the

        date of the enactment of this Act, the Secretary shall

        revise the Department of Defense Supplement to the

        Federal Acquisition Regulation to address the detection

        and avoidance of counterfeit electronic parts.
            (2) Contractor responsibilities.--The revised

        regulations issued pursuant to paragraph (1) shall

        provide that--
                    (A) covered contractors who supply

                electronic parts or products that include

                electronic parts are responsible for detecting

                and avoiding the use or inclusion of

                counterfeit electronic parts or suspect

                counterfeit electronic parts in such products

                and for any rework or corrective action that

                may be required to remedy the use or inclusion

                of such parts; and
                    (B) the cost of counterfeit electronic

                parts and suspect counterfeit electronic parts

                and the cost of rework or corrective action

                that may be required to remedy the use or

                inclusion of such parts are not allowable costs

                under Department contracts.
            (3) Trusted suppliers.--The revised regulations

        issued pursuant to paragraph (1) shall--
                    (A) require that, whenever possible, the

                Department and Department contractors and

                subcontractors at all tiers--
                            (i) obtain electronic parts that

                        are in production or currently

                        available in stock from the original

                        manufacturers of the parts or their

                        authorized dealers, or from trusted

                        suppliers who obtain such parts

                        exclusively from the original

                        manufacturers of the parts or their

                        authorized dealers; and
                            (ii) obtain electronic parts that

                        are not in production or currently

                        available in stock from trusted

                        suppliers;
                    (B) establish requirements for notification

                of the Department, and inspection, testing, and

                authentication of electronic parts that the

                Department or a Department contractor or

                subcontractor obtains from any source other

                than a source described in subparagraph (A);
                    (C) establish qualification requirements,

                consistent with the requirements of section

                2319 of title 10, United States Code, pursuant

                to which the Department may identify trusted

                suppliers that have appropriate policies and

                procedures in place to detect and avoid

                counterfeit electronic parts and suspect

                counterfeit electronic parts; and
                    (D) authorize Department contractors and

                subcontractors to identify and use additional

                trusted suppliers, provided that--
                            (i) the standards and processes for

                        identifying such trusted suppliers

                        comply with established industry

                        standards;
                            (ii) the contractor or

                        subcontractor assumes responsibility

                        for the authenticity of parts provided

                        by such suppliers as provided in

                        paragraph (2); and
                            (iii) the selection of such trusted

                        suppliers is subject to review and

                        audit by appropriate Department

                        officials.
            (4) Reporting requirement.--The revised regulations

        issued pursuant to paragraph (1) shall require that any

        Department contractor or subcontractor who becomes

        aware, or has reason to suspect, that any end item,

        component, part, or material contained in supplies

        purchased by the Department, or purchased by a

        contractor or subcontractor for delivery to, or on

        behalf of, the Department, contains counterfeit

        electronic parts or suspect counterfeit electronic

        parts report in writing within 60 days to appropriate

        Government authorities and the Government-Industry Data

        Exchange Program (or a similar program designated by

        the Secretary).
            (5) Construction of compliance with reporting

        requirement.--A Department contractor or subcontractor

        that provides a written report required under this

        subsection shall not be subject to civil liability on

        the basis of such reporting, provided the contractor or

        subcontractor made a reasonable effort to determine

        that the end item, component, part, or material

        concerned contained counterfeit electronic parts or

        suspect counterfeit electronic parts.
    (d) Inspection Program.--The Secretary of Homeland Security

shall establish and implement a risk-based methodology for the

enhanced targeting of electronic parts imported from any

country, after consultation with the Secretary of Defense as to

sources of counterfeit electronic parts and suspect counterfeit

electronic parts in the supply chain for products purchased by

the Department of Defense.
    (e) Improvement of Contractor Systems for Detection and

Avoidance of Counterfeit Electronic Parts.--
            (1) In general.--Not later than 270 days after the

        date of the enactment of this Act, the Secretary of

        Defense shall implement a program to enhance contractor

        detection and avoidance of counterfeit electronic

        parts.
            (2) Elements.--The program implemented pursuant to

        paragraph (1) shall--
                    (A) require covered contractors that supply

                electronic parts or systems that contain

                electronic parts to establish policies and

                procedures to eliminate counterfeit electronic

                parts from the defense supply chain, which

                policies and procedures shall address--
                            (i) the training of personnel;
                            (ii) the inspection and testing of

                        electronic parts;
                            (iii) processes to abolish

                        counterfeit parts proliferation;
                            (iv) mechanisms to enable

                        traceability of parts;
                            (v) use of trusted suppliers;
                            (vi) the reporting and quarantining

                        of counterfeit electronic parts and

                        suspect counterfeit electronic parts;
                            (vii) methodologies to identify

                        suspect counterfeit parts and to

                        rapidly determine if a suspect

                        counterfeit part is, in fact,

                        counterfeit;
                            (viii) the design, operation, and

                        maintenance of systems to detect and

                        avoid counterfeit electronic parts and

                        suspect counterfeit electronic parts;

                        and
                            (ix) the flow down of counterfeit

                        avoidance and detection requirements to

                        subcontractors; and
                    (B) establish processes for the review and

                approval of contractor systems for the

                detection and avoidance of counterfeit

                electronic parts and suspect counterfeit

                electronic parts, which processes shall be

                comparable to the processes established for

                contractor business systems under section 893

                of the Ike Skelton National Defense

                Authorization Act for Fiscal Year 2011 (Public

                Law 111-383; 124 Stat. 4311; 10 U.S.C. 2302

                note).
    (f) Definitions.--In subsections (a) through (e) of this

section:
            (1) The term ``covered contractor'' has the meaning

        given that term in section 893(f)(2) of the Ike Skelton

        National Defense Authorization Act for Fiscal Year

        2011.
            (2) The term ``electronic part'' means an

        integrated circuit, a discrete electronic component

        (including, but not limited to, a transistor,

        capacitor, resistor, or diode), or a circuit assembly.
    (g) Information Sharing.--
            (1) In general.--If United States Customs and

        Border Protection suspects a product of being imported

        in violation of section 42 of the Lanham Act, and

        subject to any applicable bonding requirements, the

        Secretary of the Treasury may share information

        appearing on, and unredacted samples of, products and

        their packaging and labels, or photographs of such

        products, packaging, and labels, with the rightholders

        of the trademarks suspected of being copied or

        simulated for purposes of determining whether the

        products are prohibited from importation pursuant to

        such section.
            (2) Sunset.--This subsection shall expire on the

        date of the enactment of the Customs Facilitation and

        Trade Enforcement Reauthorization Act of 2012.
            (3) Lanham act defined.--In this subsection, the

        term ``Lanham Act'' means the Act entitled ``An Act to

        provide for the registration and protection of

        trademarks used in commerce, to carry out the

        provisions of certain international conventions, and

        for other purposes'', approved July 5, 1946 (commonly

        referred to as the ``Trademark Act of 1946'' or the

        ``Lanham Act'').
    (h) Trafficking in Inherently Dangerous Goods or

Services.--Section 2320 of title 18, United States Code, is

amended to read as follows:

``Sec. 2320. Trafficking in counterfeit goods or services

    ``(a) Offenses.--Whoever intentionally--
            ``(1) traffics in goods or services and knowingly

        uses a counterfeit mark on or in connection with such

        goods or services,
            ``(2) traffics in labels, patches, stickers,

        wrappers, badges, emblems, medallions, charms, boxes,

        containers, cans, cases, hangtags, documentation, or

        packaging of any type or nature, knowing that a

        counterfeit mark has been applied thereto, the use of

        which is likely to cause confusion, to cause mistake,

        or to deceive, or
            ``(3) traffics in goods or services knowing that

        such good or service is a counterfeit military good or

        service the use, malfunction, or failure of which is

        likely to cause serious bodily injury or death, the

        disclosure of classified information, impairment of

        combat operations, or other significant harm to a

        combat operation, a member of the Armed Forces, or to

        national security,
or attempts or conspires to violate any of paragraphs (1)

through (3) shall be punished as provided in subsection (b).
    ``(b) Penalties.--
            ``(1) In general.--Whoever commits an offense under

        subsection (a)--
                    ``(A) if an individual, shall be fined not

                more than $2,000,000 or imprisoned not more

                than 10 years, or both, and, if a person other

                than an individual, shall be fined not more

                than $5,000,000; and
                    ``(B) for a second or subsequent offense

                under subsection (a), if an individual, shall

                be fined not more than $5,000,000 or imprisoned

                not more than 20 years, or both, and if other

                than an individual, shall be fined not more

                than $15,000,000.
            ``(2) Serious bodily injury or death.--
                    ``(A) Serious bodily injury.--Whoever

                knowingly or recklessly causes or attempts to

                cause serious bodily injury from conduct in

                violation of subsection (a), if an individual,

                shall be fined not more than $5,000,000 or

                imprisoned for not more than 20 years, or both,

                and if other than an individual, shall be fined

                not more than $15,000,000.
                    ``(B) Death.--Whoever knowingly or

                recklessly causes or attempts to cause death

                from conduct in violation of subsection (a), if

                an individual, shall be fined not more than

                $5,000,000 or imprisoned for any term of years

                or for life, or both, and if other than an

                individual, shall be fined not more than

                $15,000,000.
            ``(3) Counterfeit military goods or services.--
        Whoever commits an offense under subsection (a)

        involving a counterfeit military good or service--
                    ``(A) if an individual, shall be fined not

                more than $5,000,000, imprisoned not more than

                20 years, or both, and if other than an

                individual, be fined not more than $15,000,000;

                and
                    ``(B) for a second or subsequent offense,

                if an individual, shall be fined not more than

                $15,000,000, imprisoned not more than 30 years,

                or both, and if other than an individual, shall

                be fined not more than $30,000,000.
    ``(c) Forfeiture and Destruction of Property;

Restitution.--Forfeiture, destruction, and restitution relating

to this section shall be subject to section 2323, to the extent

provided in that section, in addition to any other similar

remedies provided by law.
    ``(d) Defenses.--All defenses, affirmative defenses, and

limitations on remedies that would be applicable in an action

under the Lanham Act shall be applicable in a prosecution under

this section. In a prosecution under this section, the

defendant shall have the burden of proof, by a preponderance of

the evidence, of any such affirmative defense.
    ``(e) Presentence Report.--(1) During preparation of the

presentence report pursuant to Rule 32(c) of the Federal Rules

of Criminal Procedure, victims of the offense shall be

permitted to submit, and the probation officer shall receive, a

victim impact statement that identifies the victim of the

offense and the extent and scope of the injury and loss

suffered by the victim, including the estimated economic impact

of the offense on that victim.
    ``(2) Persons permitted to submit victim impact statements

shall include--
            ``(A) producers and sellers of legitimate goods or

        services affected by conduct involved in the offense;
            ``(B) holders of intellectual property rights in

        such goods or services; and
            ``(C) the legal representatives of such producers,

        sellers, and holders.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) the term `counterfeit mark' means--
                    ``(A) a spurious mark--
                            ``(i) that is used in connection

                        with trafficking in any goods,

                        services, labels, patches, stickers,

                        wrappers, badges, emblems, medallions,

                        charms, boxes, containers, cans, cases,

                        hangtags, documentation, or packaging

                        of any type or nature;
                            ``(ii) that is identical with, or

                        substantially indistinguishable from, a

                        mark registered on the principal

                        register in the United States Patent

                        and Trademark Office and in use,

                        whether or not the defendant knew such

                        mark was so registered;
                            ``(iii) that is applied to or used

                        in connection with the goods or

                        services for which the mark is

                        registered with the United States

                        Patent and Trademark Office, or is

                        applied to or consists of a label,

                        patch, sticker, wrapper, badge, emblem,

                        medallion, charm, box, container, can,

                        case, hangtag, documentation, or

                        packaging of any type or nature that is

                        designed, marketed, or otherwise

                        intended to be used on or in connection

                        with the goods or services for which

                        the mark is registered in the United

                        States Patent and Trademark Office; and
                            ``(iv) the use of which is likely

                        to cause confusion, to cause mistake,

                        or to deceive; or
                    ``(B) a spurious designation that is

                identical with, or substantially

                indistinguishable from, a designation as to

                which the remedies of the Lanham Act are made

                available by reason of section 220506 of title

                36;
        but such term does not include any mark or designation

        used in connection with goods or services, or a mark or

        designation applied to labels, patches, stickers,

        wrappers, badges, emblems, medallions, charms, boxes,

        containers, cans, cases, hangtags, documentation, or

        packaging of any type or nature used in connection with

        such goods or services, of which the manufacturer or

        producer was, at the time of the manufacture or

        production in question, authorized to use the mark or

        designation for the type of goods or services so

        manufactured or produced, by the holder of the right to

        use such mark or designation;
            ``(2) the term `financial gain' includes the

        receipt, or expected receipt, of anything of value;
            ``(3) the term `Lanham Act' means the Act entitled

        `An Act to provide for the registration and protection

        of trademarks used in commerce, to carry out the

        provisions of certain international conventions, and

        for other purposes', approved July 5, 1946 (15 U.S.C.

        1051 et seq.);
            ``(4) the term `counterfeit military good or

        service' means a good or service that uses a

        counterfeit mark on or in connection with such good or

        service and that--
                    ``(A) is falsely identified or labeled as

                meeting military specifications, or
                    ``(B) is intended for use in a military or

                national security application; and
            ``(5) the term `traffic' means to transport,

        transfer, or otherwise dispose of, to another, for

        purposes of commercial advantage or private financial

        gain, or to make, import, export, obtain control of, or

        possess, with intent to so transport, transfer, or

        otherwise dispose of.
    ``(g) Limitation on Cause of Action.--Nothing in this

section shall entitle the United States to bring a criminal

cause of action under this section for the repackaging of

genuine goods or services not intended to deceive or confuse.
    ``(h) Report to Congress.--(1) Beginning with the first

year after the date of enactment of this subsection, the

Attorney General shall include in the report of the Attorney

General to Congress on the business of the Department of

Justice prepared pursuant to section 522 of title 28, an

accounting, on a district by district basis, of the following

with respect to all actions taken by the Department of Justice

that involve trafficking in counterfeit labels for

phonorecords, copies of computer programs or computer program

documentation or packaging, copies of motion pictures or other

audiovisual works (as defined in section 2318 of this title),

criminal infringement of copyrights (as defined in section 2319

of this title), unauthorized fixation of and trafficking in

sound recordings and music videos of live musical performances

(as defined in section 2319A of this title), or trafficking in

goods or services bearing counterfeit marks (as defined in

section 2320 of this title):
            ``(A) The number of open investigations.
            ``(B) The number of cases referred by the United

        States Customs Service.
            ``(C) The number of cases referred by other

        agencies or sources.
            ``(D) The number and outcome, including

        settlements, sentences, recoveries, and penalties, of

        all prosecutions brought under sections 2318, 2319,

        2319A, and 2320 of title 18.
    ``(2)(A) The report under paragraph (1), with respect to

criminal infringement of copyright, shall include the

following:
            ``(i) The number of infringement cases in these

        categories: audiovisual (videos and films); audio

        (sound recordings); literary works (books and musical

        compositions); computer programs; video games; and,

        others.
            ``(ii) The number of online infringement cases.
            ``(iii) The number and dollar amounts of fines

        assessed in specific categories of dollar amounts.

        These categories shall be: no fines ordered; fines

        under $500; fines from $500 to $1,000; fines from

        $1,000 to $5,000; fines from $5,000 to $10,000; and

        fines over $10,000.
            ``(iv) The total amount of restitution ordered in

        all copyright infringement cases.
    ``(B) In this paragraph, the term `online infringement

cases' as used in paragraph (2) means those cases where the

infringer--
            ``(i) advertised or publicized the infringing work

        on the Internet; or
            ``(ii) made the infringing work available on the

        Internet for download, reproduction, performance, or

        distribution by other persons.
    ``(C) The information required under subparagraph (A) shall

be submitted in the report required in fiscal year 2005 and

thereafter.
    ``(i) Transshipment and Exportation.--No goods or services,

the trafficking in of which is prohibited by this section,

shall be transshipped through or exported from the United

States. Any such transshipment or exportation shall be deemed a

violation of section 42 of an Act to provide for the

registration of trademarks used in commerce, to carry out the

provisions of certain international conventions, and for other

purposes, approved July 5, 1946 (commonly referred to as the

`Trademark Act of 1946' or the `Lanham Act').''.

SEC. 819. MODIFICATION OF CERTAIN REQUIREMENTS OF THE WEAPON SYSTEMS

                    ACQUISITION REFORM ACT OF 2009.

    (a) Repeal of Certification of Compliance of Certain Major

Defense Acquisition Programs With Actions on Treatment of

Systemic Problems Before Milestone Approval.--Subsection (c) of

section 204 of the Weapon Systems Acquisition Reform Act of

2009 (Public Law 111-23; 123 Stat. 1723; 10 U.S.C. 2366a note)

is repealed.
    (b) Waiver of Requirement To Review Programs Receiving

Waiver of Certain Certification Requirements.--Section 2366b(d)

of title 10, United States Code, is amended by adding the

following new paragraph:
    ``(3) The requirement in paragraph (2)(B) shall not apply

to a program for which a certification was required pursuant to

section 2433a(c) of this title if the milestone decision

authority--
            ``(A) determines in writing that--
                    ``(i) the program has reached a stage in

                the acquisition process at which it would not

                be practicable to meet the certification

                component that was waived; and
                    ``(ii) the milestone decision authority has

                taken appropriate alternative actions to

                address the underlying purposes of such

                certification component; and
            ``(B) submits the written determination, and an

        explanation of the basis for the determination, to the

        congressional defense committees.''.

SEC. 820. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN DEPARTMENT OF

                    DEFENSE PLANNING DOCUMENTS.

    (a) Elements in QDR Reports to Congress.--Section 118(d) of

title 10, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (D), by striking

                ``and'' at the end;
                    (B) in subparagraph (E), by striking the

                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new

                subparagraph:
                    ``(F) the roles and responsibilities that

                would be discharged by contractors.'';
            (2) in paragraph (6), by striking ``manpower and

        sustainment'' and inserting ``manpower, sustainment,

        and contractor support''; and
            (3) in paragraph (8), by inserting ``, and the

        scope of contractor support,'' after ``Defense

        Agencies''.
    (b) Chairman of Joint Chiefs of Staff Assessments of

Contractor Support of Armed Forces.--
            (1) Assessments under contingency planning.--
        Paragraph (3) of subsection (a) of section 153 of such

        title is amended--
                    (A) by redesignating subparagraphs (C) and

                (D) as subparagraphs (D) and (E), respectively;

                and
                    (B) by inserting after subparagraph (B) the

                following new subparagraph (C):
            ``(C) Identifying the support functions that are

        likely to require contractor performance under those

        contingency plans, and the risks associated with the

        assignment of such functions to contractors.''.
            (2) Assessments under advice on requirements,

        programs, and budget.--Paragraph (4)(E) of such

        subsection is amended by inserting ``and contractor

        support'' after ``area of manpower''.
            (3) Assessments for biennial review of national

        military strategy.--Subsection (d) of such section is

        amended--
                    (A) in paragraph (2), by adding at the end

                the following new subparagraph:
            ``(I) Assessment of the requirements for contractor

        support of the armed forces in conducting peacetime

        training, peacekeeping, overseas contingency

        operations, and major combat operations, and the risks

        associated with such support.''; and
                    (B) in paragraph (3)(B), by striking ``and

                the levels of support from allies and other

                friendly nations'' and inserting ``the levels

                of support from allies and other friendly

                nations, and the levels of contractor

                support''.

SEC. 821. AMENDMENT RELATING TO BUYING TENTS, TARPAULINS, OR COVERS

                    FROM AMERICAN SOURCES.

    Section 2533a(b)(1)(C) of title 10, United States Code, is

amended by inserting ``(and the structural components

thereof)'' after ``tents''.

SEC. 822. REPEAL OF SUNSET OF AUTHORITY TO PROCURE FIRE RESISTANT RAYON

                    FIBER FROM FOREIGN SOURCES FOR THE PRODUCTION OF

                    UNIFORMS.

    Subsection (f) of section 829 of the National Defense

Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122

Stat. 229; 10 U.S.C. 2533a note) is repealed.

SEC. 823. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION.

    (a) In General.--Chapter 137 of title 10, United States

Code, is amended by adding at the end the following new

section:

``Sec. 2335. Prohibition on collection of political information

    ``(a) Prohibition on Requiring Submission of Political

Information.--The head of an agency may not require a

contractor to submit political information related to the

contractor or a subcontractor at any tier, or any partner,

officer, director, or employee of the contractor or

subcontractor--
            ``(1) as part of a solicitation, request for bid,

        request for proposal, or any other form of

        communication designed to solicit offers in connection

        with the award of a contract for procurement of

        property or services; or
            ``(2) during the course of contract performance as

        part of the process associated with modifying a

        contract or exercising a contract option.
    ``(b) Scope.--The prohibition under this section applies to

the procurement of commercial items, the procurement of

commercial-off-the-shelf-items, and the non-commercial

procurement of supplies, property, services, and manufactured

items, irrespective of contract vehicle, including contracts,

purchase orders, task or deliver orders under indefinite

delivery/indefinite quantity contracts, blanket purchase

agreements, and basic ordering agreements.
    ``(c) Rule of Construction.--Nothing in this section shall

be construed as--
            ``(1) waiving, superseding, restricting, or

        limiting the application of the Federal Election

        Campaign Act of 1971 (2 U.S.C. 431 et seq.) or

        preventing Federal regulatory or law enforcement

        agencies from collecting or receiving information

        authorized by law; or
            ``(2) precluding the Defense Contract Audit Agency

        from accessing and reviewing certain information,

        including political information, for the purpose of

        identifying unallowable costs and administering cost

        principles established pursuant to section 2324 of this

        title.
    ``(d) Definitions.--In this section:
            ``(1) Contractor.--The term `contractor' includes

        contractors, bidders, and offerors, and individuals and

        legal entities who would reasonably be expected to

        submit offers or bids for Federal Government contracts.
            ``(2) Political information.--The term `political

        information' means information relating to political

        spending, including any payment consisting of a

        contribution, expenditure, independent expenditure, or

        disbursement for an electioneering communication that

        is made by the contractor, any of its partners,

        officers, directors or employees, or any of its

        affiliates or subsidiaries to a candidate or on behalf

        of a candidate for election for Federal office, to a

        political committee, to a political party, to a third

        party entity with the intention or reasonable

        expectation that it would use the payment to make

        independent expenditures or electioneering

        communications, or that is otherwise made with respect

        to any election for Federal office, party affiliation,

        and voting history. Each of the terms `contribution',

        `expenditure', `independent expenditure', `candidate',

        `election', `electioneering communication', and

        `Federal office' has the meaning given the term in the

        Federal Campaign Act of 1971 (2 U.S.C. 431 et seq.).''.
    (b) Clerical Amendment.--The table of sections at the

beginning of chapter 137 of such title is amended by inserting

after the item relating to section 2334 the following new item:

``2335. Prohibition on collection of political information.''.


 Subtitle C--Provisions Relating to Major Defense Acquisition Programs

SEC. 831. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE APPROVAL FOR

                    CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS

                    EXPERIENCING CRITICAL COST GROWTH DUE TO CHANGE IN

                    QUANTITY PURCHASED.

    Section 2433a(c) of title 10, United States Code, is

amended by adding at the end the following new paragraph:
    ``(3)(A) The requirements of subparagraphs (B) and (C) of

paragraph (1) shall not apply to a program or subprogram if--
            ``(i) the Milestone Decision Authority determines

        in writing, on the basis of a cost assessment and root

        cause analysis conducted pursuant to subsection (a),

        that--
                    ``(I) but for a change in the quantity of

                items to be purchased under the program or

                subprogram, the program acquisition unit cost

                or procurement unit cost for the program or

                subprogram would not have increased by a

                percentage equal to or greater than the cost

                growth thresholds for the program or subprogram

                set forth in subparagraph (B); and
                    ``(II) the change in quantity of items

                described in subclause (I) was not made as a

                result of an increase in program cost, a delay

                in the program, or a problem meeting program

                requirements;
            ``(ii) the Secretary determines in writing that the

        cost to the Department of Defense of complying with

        such requirements is likely to exceed the benefits to

        the Department of complying with such requirements; and
            ``(iii) the Secretary submits to Congress, before

        the end of the 60-day period beginning on the day the

        Selected Acquisition Report containing the information

        described in section 2433(g) of this title is required

        to be submitted under section 2432(f) of this title--
                    ``(I) a copy of the written determination

                under clause (i) and an explanation of the

                basis for the determination; and
                    ``(II) a copy of the written determination

                under clause (ii) and an explanation of the

                basis for the determination.
    ``(B) The cost growth thresholds specified in this

subparagraph are as follows:
            ``(i) In the case of a major defense acquisition

        program or designated major defense subprogram, a

        percentage increase in the program acquisition unit

        cost for the program or subprogram of--
                    ``(I) 5 percent over the program

                acquisition unit cost for the program or

                subprogram as shown in the current Baseline

                Estimate for the program or subprogram; and
                    ``(II) 10 percent over the program

                acquisition unit cost for the program or

                subprogram as shown in the original Baseline

                Estimate for the program or subprogram.
            ``(ii) In the case of a major defense acquisition

        program or designated major defense subprogram that is

        a procurement program, a percentage increase in the

        procurement unit cost for the program or subprogram

        of--
                    ``(I) 5 percent over the procurement unit

                cost for the program or subprogram as shown in

                the current Baseline Estimate for the program

                or subprogram; and
                    ``(II) 10 percent over the procurement unit

                cost for the program or subprogram as shown in

                the original Baseline Estimate for the program

                or subprogram.''.

SEC. 832. ASSESSMENT, MANAGEMENT, AND CONTROL OF OPERATING AND SUPPORT

                    COSTS FOR MAJOR WEAPON SYSTEMS.

    (a) Guidance Required.--Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall issue guidance on actions to be taken to assess, manage,

and control Department of Defense costs for the operation and

support of major weapon systems.
    (b) Elements.--The guidance required by subsection (a)

shall, at a minimum--
            (1) be issued in conjunction with the comprehensive

        guidance on life-cycle management and the development

        and implementation of product support strategies for

        major weapon systems required by section 805 of the

        National Defenese Authorization Act for Fiscal Year

        2010 (Public Law 111-84; 123 Stat. 2403; 10 U.S.C. 2301

        note);
            (2) require the military departments to retain each

        estimate of operating and support costs that is

        developed at any time during the life cycle of a major

        weapon system, together with supporting documentation

        used to develop the estimate;
            (3) require the military departments to update

        estimates of operating and support costs periodically

        throughout the life cycle of a major weapon system, to

        determine whether preliminary information and

        assumptions remain relevant and accurate, and identify

        and record reasons for variances;
            (4) establish standard requirements for the

        collection of data on operating and support costs for

        major weapon systems and require the military

        departments to revise their Visibility and Management

        of Operating and Support Costs (VAMOSC) systems to

        ensure that they collect complete and accurate data in

        compliance with such requirements and make such data

        available in a timely manner;
            (5) establish standard requirements for the

        collection and reporting of data on operating and

        support costs for major weapon systems by contractors

        performing weapon system sustainment functions in an

        appropriate format, and develop contract clauses to

        ensure that contractors comply with such requirements;
            (6) require the military departments--
                    (A) to collect and retain data from

                operational and developmental testing and

                evaluation on the reliability and

                maintainability of major weapon systems; and
                    (B) to use such data to inform system

                design decisions, provide insight into

                sustainment costs, and inform estimates of

                operating and support costs for such systems;
            (7) require the military departments to ensure that

        sustainment factors are fully considered at key life

        cycle management decision points and that appropriate

        measures are taken to reduce operating and support

        costs by influencing system design early in

        development, developing sound sustainment strategies,

        and addressing key drivers of costs;
            (8) require the military departments to conduct an

        independent logistics assessment of each major weapon

        system prior to key acquisition decision points

        (including milestone decisions) to identify features

        that are likely to drive future operating and support

        costs, changes to system design that could reduce such

        costs, and effective strategies for managing such

        costs;
            (9) include--
                    (A) reliability metrics for major weapon

                systems; and
                    (B) requirements on the use of metrics

                under subparagraph (A) as triggers--
                            (i) to conduct further

                        investigation and analysis into drivers

                        of those metrics; and
                            (ii) to develop strategies for

                        improving reliability, availability,

                        and maintainability of such systems at

                        an affordable cost; and
            (10) require the military departments to conduct

        periodic reviews of operating and support costs of

        major weapon systems after such systems achieve initial

        operational capability to identify and address factors

        resulting in growth in operating and support costs and

        adapt support strategies to reduce such costs.
    (c) Retention of Data on Operating and Support Costs.--
            (1) In general.--The Director of Cost Assessment

        and Program Evaluation shall be responsible for

        developing and maintaining a database on operating and

        support estimates, supporting documentation, and actual

        operating and support costs for major weapon systems.
            (2) Support.--The Secretary of Defense shall ensure

        that the Director, in carrying out such

        responsibility--
                    (A) promptly receives the results of all

                cost estimates and cost analyses conducted by

                the military departments with regard to

                operating and support costs of major weapon

                systems;
                    (B) has timely access to any records and

                data of the military departments (including

                classified and proprietary information) that

                the Director considers necessary to carry out

                such responsibility; and
                    (C) with the concurrence of the Under

                Secretary of Defense for Acquisition,

                Technology, and Logistics, may direct the

                military departments to collect and retain

                information necessary to support the database.
    (d) Major Weapon System Defined.--In this section, the term

``major weapon system'' has the meaning given that term in

section 2379(f) of title 10, United States Code.

SEC. 833. CLARIFICATION OF RESPONSIBILITY FOR COST ANALYSES AND TARGETS

                    FOR CONTRACT NEGOTIATION PURPOSES.

    Section 2334(e) of title 10, United States Code, is

amended--
            (1) by redesignating paragraphs (2), (3), and (4)

        as paragraphs (3), (4), and (5), respectively;
            (2) in paragraph (1)--
                    (A) by striking ``shall provide that--''

                and all that follows through ``cost estimates''

                and inserting ``shall provide that cost

                estimates'';
                    (B) by striking ``; and'' and inserting a

                period; and
                    (C) by redesignating subparagraph (B) as

                paragraph (2) and moving such paragraph two ems

                to the left;
            (3) in paragraph (2), as redesignated by paragraph

        (2) of this section, by striking ``cost analyses and

        targets'' and inserting ``The Under Secretary of

        Defense for Acquisition, Technology, and Logistics

        shall, in consultation with the Director of Cost

        Assessment and Program Evaluation, develop policies,

        procedures, and guidance to ensure that cost analyses

        and targets'';
            (4) in paragraph (3), as redesignated by paragraph

        (1) of this section, by striking ``issued by the

        Director of Cost Assessment and Program Evaluation''

        and inserting ``issued by the Under Secretary of

        Defense for Acquisition, Technology, and Logistics

        under paragraph (2)''; and
            (5) in paragraph (5), as redesignated by paragraph

        (1) of this section, by striking ``paragraph (3)'' and

        inserting ``paragraph (4)''.

SEC. 834. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON MANAGEMENT OF

                    MANUFACTURING RISK IN MAJOR DEFENSE ACQUISITION

                    PROGRAMS.

    Section 812(b) of the Ike Skelton National Defense

Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124

Stat. 4264; 10 U.S.C. 2430 note) is amended--
            (1) by striking ``manufacturing readiness levels''

        each place it appears and inserting ``manufacturing

        readiness levels or other manufacturing readiness

        standards'';
            (2) by redesignating paragraphs (4) and (5) as

        paragraphs (5) and (6), respectively; and
            (3) by inserting after paragraph (3) the following

        new paragraph (4):
            ``(4) provide for the tailoring of manufacturing

        readiness levels or other manufacturing readiness

        standards to address the unique characteristics of

        specific industry sectors or weapon system

        portfolios;''.

SEC. 835. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION FOR MAJOR

                    DEFENSE ACQUISITION PROGRAMS.

    (a) Chief Developmental Tester.--Section 820(a) of the John

Warner National Defense Authorization Act for Fiscal Year 2007

(Public Law 109-364; 120 Stat. 2330), as amended by section

805(c) of the National Defense Authorization Act for Fiscal

Year 2010 (Public Law 110-181; 123 Stat. 2403), is further

amended--
            (1) by redesignating paragraph (6) as paragraph

        (7); and
            (2) by inserting after paragraph (5) the following

        new paragraph (6):
            ``(6) Chief developmental tester.''.
    (b) Responsibilities of Chief Developmental Tester and Lead

Developmental Test and Evaluation Organization.--Section 139b

of title 10, United States Code, is amended--
            (1) by redesignating subsections (c), (d), and (e)

        as subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following

        new subsection (c):
    ``(c) Support of Mdaps by Chief Developmental Tester and

Lead Developmental Test and Evaluation Organization.--
            ``(1) Support.--The Secretary of Defense shall

        require that each major defense acquisition program be

        supported by--
                    ``(A) a chief developmental tester; and
                    ``(B) a governmental test agency, serving

                as lead developmental test and evaluation

                organization for the program.
            ``(2) Responsibilities of chief developmental

        tester.--The chief developmental tester for a major

        defense acquisition program shall be responsible for--
                    ``(A) coordinating the planning,

                management, and oversight of all developmental

                test and evaluation activities for the program;
                    ``(B) maintaining insight into contractor

                activities under the program and overseeing the

                test and evaluation activities of other

                participating government activities under the

                program; and
                    ``(C) helping program managers make

                technically informed, objective judgments about

                contractor developmental test and evaluation

                results under the program.
            ``(3) Responsibilities of lead developmental test

        and evaluation organization.--The lead developmental

        test and evaluation organization for a major defense

        acquisition program shall be responsible for--
                    ``(A) providing technical expertise on

                testing and evaluation issues to the chief

                developmental tester for the program;
                    ``(B) conducting developmental testing and

                evaluation activities for the program, as

                directed by the chief developmental tester; and
                    ``(C) assisting the chief developmental

                tester in providing oversight of contractors

                under the program and in reaching technically

                informed, objective judgments about contractor

                developmental test and evaluation results under

                the program.''.

SEC. 836. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR

                    WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE

                    PROJECTS WITH FRIENDLY FOREIGN COUNTRIES.

    (a) Assessment of Risk Required.--
            (1) In general.--Not later than two days after the

        President transmits a certification to Congress

        pursuant to section 27(f) of the Arms Export Control

        Act (22 U.S.C. 2767(f)) regarding a proposed

        cooperative project agreement that is expected to

        result in the award of a Department of Defense contract

        for the engineering and manufacturing development of a

        major weapon system, the Secretary of Defense shall

        submit to the Chairmen of the Committees on Armed

        Services of the Senate and the House of Representatives

        a report setting forth a risk assessment of the

        proposed cooperative project.
            (2) Preparation.--The Secretary shall prepare each

        report required by paragraph (1) in consultation with

        the Under Secretary of Defense for Acquisition,

        Technology, and Logistics, the Assistant Secretary of

        Defense for Research and Engineering, and the Director

        of Cost Assessment and Program Evaluation of the

        Department of Defense.
    (b) Elements.--The risk assessment on a cooperative project

under subsection (a) shall include the following:
            (1) An assessment of the design, technical,

        manufacturing, and integration risks associated with

        developing and procuring the weapon system to be

        procured under the cooperative project.
            (2) A statement identifying any termination

        liability that would be incurred under the development

        contract to be entered into under subsection (a)(1),

        and a statement of the extent to which such termination

        liability would not be fully funded by appropriations

        available or sought in the fiscal year in which the

        agreement for the cooperative project is signed on

        behalf of the United States.
            (3) An assessment of the advisability of incurring

        any unfunded termination liability identified under

        paragraph (2) given the risks identified in the

        assessment under paragraph (1).
            (4) A listing of which, if any, requirements

        associated with the oversight and management of a major

        defense acquisition program (as prescribed under

        Department of Defense Instruction 5000.02 or related

        authorities) will be waived, or in any way modified, in

        carrying out the development contract to be entered

        into under (a)(1), and a full explanation why such

        requirements need to be waived or modified.
    (c) Definitions.--In this section:
            (1) The term ``engineering and manufacturing

        development'' has the meaning given that term in

        Department of Defense Instruction 5000.02.
            (2) The term ``major weapon system'' has the

        meaning given that term in section 2379(f) of title 10,

        United States Code.

SEC. 837. COMPETITION IN MAINTENANCE AND SUSTAINMENT OF SUBSYSTEMS OF

                    MAJOR WEAPON SYSTEMS.

    Section 202(d) of the Weapon Systems Acquisition Reform Act

of 2009 (Public Law 111-23; 123 Stat. 1721; 10 U.S.C. 2430

note) is amended--
            (1) in the subsection heading, by striking

        ``Operation and Sustainment of Major Weapon Systems''

        and inserting ``Maintenance and Sustainment of Major

        Weapon Systems and Subsystems'';
            (2) by inserting ``or subsystem of a major weapon

        system'' after ``a major weapon system''; and
            (3) by inserting ``, or for components needed for

        such maintenance and sustainment,'' after ``such

        maintenance and sustainment''.

SEC. 838. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH RESPECT TO

                    EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM.

    The Secretary of Defense shall--
            (1) redesignate the Evolved Expendable Launch

        Vehicle program as a major defense acquisition program

        not in the sustainment phase under section 2430 of

        title 10, United States Code; or
            (2) require the Evolved Expendable Launch Vehicle

        program--
                    (A) to provide to the congressional defense

                committees all information with respect to the

                cost, schedule, and performance of the program

                that would be required to be provided under

                sections 2431 (relating to weapons development

                and procurement schedules), 2432 (relating to

                Select Acquisition Reports, including updated

                program life-cycle cost estimates), and 2433

                (relating to unit cost reports) of title 10,

                United States Code, with respect to the program

                if the program were designated as a major

                defense acquisition program not in the

                sustainment phase; and
                    (B) to provide to the Under Secretary of

                Defense for Acquisition, Technology, and

                Logistics--
                            (i) a quarterly cost and status

                        report, commonly known as a Defense

                        Acquisition Executive Summary, which

                        serves as an early-warning of actual

                        and potential problems with a program

                        and provides for possible mitigation

                        plans; and
                            (ii) earned value management data

                        that contains measurements of

                        contractor technical, schedule, and

                        cost performance.

SEC. 839. IMPLEMENTATION OF ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE

                    LAUNCH VEHICLE.

    (a) In General.--Not later than March 31, 2012, the

Secretary of Defense shall submit to the congressional

committees specified in subsection (c) the following

information:
            (1) A description of how the strategy of the

        Department of Defense to acquire space launch

        capability under the Evolved Expendable Launch Vehicle

        program implements each of the recommendations included

        in the Report of the Government Accountability Office

        on the Evolved Expendable Launch Vehicle, dated

        September 15, 2011 (GAO-11-641).
            (2) With respect to any such recommendation that

        the Department does not implement, an explanation of

        how the Department is otherwise addressing the

        deficiencies identified in that report.
    (b) Assessment by Comptroller General of the United

States.--Not later than 60 days after the submission of the

information required by subsection (a), the Comptroller General

of the United States shall submit to the congressional

committees specified in subsection (c) an assessment of that

information and any additional findings or recommendations the

Comptroller General considers appropriate.
    (c) Congressional Committees.--The congressional committees

specified in this subsection are the following:
            (1) The Committees on Armed Services of the Senate

        and the House of Representatives.
            (2) The Committees on Appropriations of the Senate

        and the House of Representatives.
            (3) The Select Committee on Intelligence of the

        Senate and the Permanent Select Committee on

        Intelligence of the House of Representatives.

Subtitle D--Provisions Relating to Contracts in Support of Contingency

                   Operations in Iraq or Afghanistan

SEC. 841. PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED

                    STATES CENTRAL COMMAND THEATER OF OPERATIONS.

    (a) Prohibition.--
            (1) In general.--Not later than 30 days after the

        date of the enactment of this Act, the Secretary of

        Defense shall revise the Department of Defense

        Supplement to the Federal Acquisition Regulation to

        authorize the head of a contracting activity, pursuant

        to a request from the Commander of the United States

        Central Command under subsection (c)(2)--
                    (A) to restrict the award of Department of

                Defense contracts, grants, or cooperative

                agreements that the head of the contracting

                activity determines in writing would provide

                funding directly or indirectly to a person or

                entity that has been identified by the

                Commander of the United States Central Command

                as actively supporting an insurgency or

                otherwise actively opposing United States or

                coalition forces in a contingency operation in

                the United States Central Command theater of

                operations;
                    (B) to terminate for default any Department

                contract, grant, or cooperative agreement upon

                a written determination by the head of the

                contracting activity that the contractor, or

                the recipient of the grant or cooperative

                agreement, has failed to exercise due diligence

                to ensure that none of the funds received under

                the contract, grant, or cooperative agreement

                are provided directly or indirectly to a person

                or entity who is actively supporting an

                insurgency or otherwise actively opposing

                United States or coalition forces in a

                contingency operation in the United States

                Central Command theater of operations; or
                    (C) to void in whole or in part any

                Department contract, grant, or cooperative

                agreement upon a written determination by the

                head of the contracting activity that the

                contract, grant, or cooperative agreement

                provides funding directly or indirectly to a

                person or entity that has been identified by

                the Commander of the United States Central

                Command as actively supporting an insurgency or

                otherwise actively opposing United States or

                coalition forces in a contingency operation in

                the United States Central Command theater of

                operations.
            (2) Treatment as void.--For purposes of this

        section:
                    (A) A contract, grant, or cooperative

                agreement that is void is unenforceable as

                contrary to public policy.
                    (B) A contract, grant, or cooperative

                agreement that is void in part is unenforceable

                as contrary to public policy with regard to a

                segregable task or effort under the contract,

                grant, or cooperative agreement.
    (b) Contract Clause.--
            (1) In general.--Not later than 30 days after the

        date of the enactment of this Act, the Secretary shall

        revise the Department of Defense Supplement to the

        Federal Acquisition Regulation to require that--
                    (A) the clause described in paragraph (2)

                shall be included in each covered contract,

                grant, and cooperative agreement of the

                Department that is awarded on or after the date

                of the enactment of this Act; and
                    (B) to the maximum extent practicable, each

                covered contract, grant, and cooperative

                agreement of the Department that is awarded

                before the date of the enactment of this Act

                shall be modified to include the clause

                described in paragraph (2).
            (2) Clause described.--The clause described in this

        paragraph is a clause that--
                    (A) requires the contractor, or the

                recipient of the grant or cooperative

                agreement, to exercise due diligence to ensure

                that none of the funds received under the

                contract, grant, or cooperative agreement are

                provided directly or indirectly to a person or

                entity who is actively supporting an insurgency

                or otherwise actively opposing United States or

                coalition forces in a contingency operation;

                and
                    (B) notifies the contractor, or the

                recipient of the grant or cooperative

                agreement, of the authority of the head of the

                contracting activity to terminate or void the

                contract, grant, or cooperative agreement, in

                whole or in part, as provided in subsection

                (a).
            (3) Covered contract, grant, or cooperative

        agreement.--In this subsection, the term ``covered

        contract, grant, or cooperative agreement'' means a

        contract, grant, or cooperative agreement with an

        estimated value in excess of $100,000 that will be

        performed in the United States Central Command theater

        of operations.
    (c) Identification of Contracts With Supporters of the

Enemy.--
            (1) In general.--Not later than 30 days after the

        date of the enactment of this Act, the Secretary,

        acting through the Commander of the United States

        Central Command, shall establish a program to use

        available intelligence to review persons and entities

        who receive United States funds through contracts,

        grants, and cooperative agreements performed in the

        United States Central Command theater of operations and

        identify any such persons and entities who are actively

        supporting an insurgency or otherwise actively opposing

        United States or coalition forces in a contingency

        operation.
            (2) Notice to contracting activities.--If the

        Commander of the United States Central Command, acting

        pursuant to the program required by paragraph (1),

        identifies a person or entity as actively supporting an

        insurgency or otherwise actively opposing United States

        or coalition forces in a contingency operation, the

        Commander may notify the head of a contracting activity

        in writing of such identification and request that the

        head of the contracting activity exercise the authority

        provided in subsection (a) with regard to any

        contracts, grants, or cooperative agreements that

        provide funding directly or indirectly to the person or

        entity.
            (3) Protection of classified information.--
        Classified information relied upon by the Commander of

        the United States Central Command to make an

        identification in accordance with this subsection may

        not be disclosed to a contractor or a recipient of a

        grant or cooperative agreement with respect to which an

        action is taken pursuant to the authority provided in

        subsection (a), or to their representatives, in the

        absence of a protective order issued by a court of

        competent jurisdiction established under Article III of

        the Constitution of the United States that specifically

        addresses the conditions upon which such classified

        information may be so disclosed.
    (d) Nondelegation of Responsibilities.--
            (1) Contract actions.--The authority provided by

        subsection (a) to restrict, terminate, or void

        contracts, grants, and cooperative agreements may not

        be delegated below the level of the head of a

        contracting activity.
            (2) Identification of support of enemy.--The

        authority to make an identification under subsection

        (c)(1) may not be delegated below the level of the

        Commander of the United States Central Command.
    (e) Reports.--Not later than March 1 of each of 2013, 2014,

and 2015, the Secretary shall submit to the congressional

defense committees a report on the use of the authori