BILLS-112s1867es | United States Armed Forces | Military

112TH CONGRESS 1ST SESSION

S. 1867
AN ACT

To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

2 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Au-

5 thorization Act for Fiscal Year 2012’’. 6 7 8
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into four divi-

9 sions as follows: 10 11 12 13 14 15 16 17 18 19 tion. (b) TABLE
OF

(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 Reauthoriza-

CONTENTS.—The table of contents for

20 this Act is as follows:
Sec. Sec. Sec. Sec. 1. 2. 3. 4. Short title. Organization of Act into divisions; table of contents. Congressional defense committees. Scoring of budgetary effects.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations.
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Subtitle B—Navy Programs Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters. Subtitle C—Air Force Programs Sec. 131. Procurement of advanced extremely high frequency satellites. Sec. 132. Availability of fiscal year 2011 funds for research and development relating to the B–2 bomber aircraft. Sec. 133. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record. Sec. 134. Limitations on use of funds to retire B–1 bomber aircraft. Sec. 135. Limitation on retirement of U–2 aircraft. Sec. 136. Strategic airlift aircraft force structure. Sec. 137. Limitation on retirement of C–23 aircraft. Subtitle D—Joint and Multiservice Matters Sec. 151. Inclusion of information on approved Combat Mission Requirements in quarterly reports on use of Combat Mission Requirement funds. Sec. 152. F–35 Joint Strike Fighter aircraft. Sec. 153. Report on plan to implement Weapon Systems Acquisition Reform Act of 2009 measures within the Joint Strike Fighter aircraft program. Sec. 154. Multiyear procurement authority for airframes for Army UH–60M/ HH–60M helicopters and Navy MH–60R/MH–60S helicopters. Sec. 155. Designation of undersea mobility acquisition program of the United States Special Operations Command as a major defense acquisition program. Sec. 156. Transfer of Air Force C–12 Liberty Intelligence, Surveillance, and Reconnaissance aircraft to the Army. Sec. 157. Joint Surveillance Target Attack Radar System aircraft re-engining program. Sec. 158. Report on probationary period in development of short take-off, vertical landing variant of the Joint Strike Fighter. Sec. 159. Authority for exchange with United Kingdom of specified F–35 Lightning II Joint Strike Fighter aircraft. 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. Prohibitions relating to use of funds for research, development, test, and evaluation on the F136 engine. Sec. 212. Limitation on use of funds for Increment 2 of B–2 bomber aircraft extremely high frequency satellite communications program. Sec. 213. Unmanned Carrier Launched Airborne Surveillance and Strike. Sec. 214. Marine Corps ground combat vehicles. Subtitle C—Missile Defense Matters

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Sec. Sec. Sec. Sec. 231. 232. 233. 234. Enhanced oversight of missile defense acquisition programs. Ground-based Midcourse Defense Program. Missile defense cooperation with Russia. Report on the United States missile defense hedging strategy. Subtitle D—Reports Sec. 251. Extension of requirements for biennial roadmap and annual review and certification on funding for development of hypersonics. Subtitle E—Other Matters Sec. 261. Contractor cost-sharing in pilot program to include technology protection features during research and development of certain defense systems. Sec. 262. Laboratory facilities, Hanover, New Hampshire. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Energy and Environmental Provisions Sec. 311. Modification of energy performance goals. Sec. 312. Streamlined annual report on defense environmental programs. Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington. Sec. 314. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp Lejeune, North Carolina. Sec. 315. Discharge of wastes at sea generated by ships of the Armed Forces. Sec. 316. Consideration of energy security and reliability in development and implementation of energy performance goals. Sec. 317. Installation energy metering requirements. Sec. 318. Training policy for Department of Defense energy managers. Subtitle C—Workplace and Depot Issues Sec. 321. Minimum capital investment for certain depots. Sec. 322. Limitation on revising the definition of depot-level maintenance. Sec. 323. Designation of military industrial facilities as Centers of Industrial and Technical Excellence. Sec. 324. Reports on depot-related activities. Subtitle D—Reports Sec. 331. Study on Air Force test and training range infrastructure. Sec. 332. Study on training range infrastructure for special operations forces. Sec. 333. Guidance to establish non-tactical wheeled vehicle and equipment service life extension programs to achieve cost savings. Sec. 334. Modified deadline for annual report on budget shortfalls for implementation of operational energy strategy. Subtitle E—Other Matters

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Sec. 341. Extension of authority for Army industrial facilities to enter into cooperative agreements with non-Army entities. Sec. 342. Working-capital fund accounting. Sec. 343. Commercial sale of small arms ammunition and small arms ammunition components in excess of military requirements, and fired cartridge cases. Sec. 344. Authority to accept contributions of funds to study options for mitigating adverse effects of proposed obstructions on military installations. Sec. 345. Utility disruptions to military installations. Sec. 346. Eligibility of active and reserve members, retirees, gray area retirees, and dependents for space-available travel on military aircraft. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Subtitle B—Reserve Forces Sec. Sec. Sec. Sec. Sec. 411. 412. 413. 414. 415. End strengths for Selected Reserve. End strengths for Reserves on active duty in support of the Reserves. End strengths for military technicians (dual status). Fiscal year 2012 limitation on number of non-dual status technicians. 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. Sec. 502. Voluntary retirement incentive. Sec. 503. National Defense University outplacement waiver. Sec. 504. Modification of definition of ‘‘joint duty assignment’’ to include all instructor assignments for joint training and education. Subtitle B—Reserve Component Management Sec. 511. Authority for order to active duty of members of the Selected Reserve and certain members of the Individual Ready Reserve for preplanned missions. Sec. 512. Modification of eligibility for consideration for promotion for certain reserve officers employed as military technicians (dual status). Sec. 513. Modification of time in which preseparation counseling must be provided to reserve component members being demobilized. Sec. 514. Report on termination of military technician as a distinct personnel management category. 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.

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Subtitle C—General Service Authorities Sec. 521. Repeal of mandatory high-deployment allowance. Sec. 522. 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. 523. Expansion of regular enlisted members covered by early discharge authority. Sec. 524. Extension of voluntary separation pay and benefits. Sec. 525. Employment skills training for members of the Armed Forces on active duty who are transitioning to civilian life. Sec. 526. Policy on military recruitment and enlistment of graduates of secondary schools. Sec. 527. Freedom of conscience of military chaplains with respect to the performance of marriages. Subtitle D—Education and Training Sec. 541. Enhancement of authorities on joint professional military education. Sec. 542. Grade of commissioned officers in uniformed medical accession programs. Sec. 543. Reserve component mental health student stipend. Sec. 544. 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. 545. Consolidation of military department authority to issue arms, tentage, and equipment to educational institutions not maintaining units of Junior ROTC. Sec. 546. Temporary authority to waive maximum age limitation on admission to the military service academies. Sec. 547. Pilot program on receipt of civilian credentialing for skills required for military occupational specialties. Subtitle E—Military Justice and Legal Matters Generally Sec. 551. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice. Sec. 552. Authority to compel production of documentary evidence. Sec. 553. Procedures for judicial review of certain military personnel decisions. Sec. 554. Department of Defense support for programs on pro bono legal representation for members of the Armed Forces. Subtitle F—Sexual Assault Prevention and Response Sec. 561. Director of the Sexual Assault Prevention and Response Office. Sec. 562. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. Sec. 563. Access of sexual assault victims to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. Sec. 564. Requirement for privilege in cases arising under Uniform Code of Military Justice against disclosure of communications between sexual assault victims and Sexual Assault Response Coordinators, Sexual Assault Victim Advocates, and certain other persons.

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Sec. 565. Expedited consideration and decision-making on requests for permanent change of station or unit transfer of victims of sexual assault. Sec. 566. 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 G—Defense Dependents’ Education Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 572. Impact aid for children with severe disabilities. Sec. 573. Three-year extension and enhancement of authorities on transition of military dependent students among local educational agencies. Subtitle H—Military Family Readiness Sec. 576. Modification of membership of Department of Defense Military Family Readiness Council. Sec. 577. Comptroller General of the United States report on Department of Defense military spouse employment programs. Subtitle I—Other Matters Sec. 581. Cold War Service Medal. Sec. 582. Enhancement and improvement of Yellow Ribbon Reintegration Program. Sec. 583. Report on process for expedited determination of disability of members of the Armed Forces with certain disabling conditions. Sec. 584. Report on the achievement of diversity goals for the leadership of the Armed Forces. Sec. 585. Specification of period in which application for voter registration or absentee ballot from an overseas voter is valid. Sec. 586. Authorization and request for award of Medal of Honor to Emil Kapaun for acts of valor during the Korean War. Sec. 587. Authorization for award of the distinguished service cross for captain Fredrick L. Spaulding for acts of valor during the Vietnam War. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 612. Modification of qualifying period for payment of hostile fire and imminent danger special pay and hazardous duty special pay. Subtitle B—Consolidation and Reform of Travel and Transportation Authorities Sec. 621. Consolidation and reform of travel and transportation authorities of the uniformed services. Sec. 622. Transition provisions. Subtitle C—Disability, Retired Pay, and Survivor Benefits

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Sec. 631. Repeal of automatic enrollment in Family Servicemembers’ Group Life Insurance for members of the Armed Forces married to other members. Sec. 632. 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. Sec. 633. Repeal of sense of Congress on age and service requirements for retired pay for non-regular service. Sec. 634. 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. 635. Repeal of requirement of reduction of Survivor Benefits Plan survivor annuities by dependency and indemnity compensation. Subtitle D—Pay and Allowances Sec. 641. No reduction in basic allowance for housing for National Guard members who transition between active duty and full-time National Guard duty without a break in active service. TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE Program Sec. 701. Annual cost-of-living adjustment in enrollment fees in TRICARE Prime. Sec. 702. Maintenance of the adequacy of provider networks under the TRICARE program. Sec. 703. Transition enrollment of uniformed services family health plan Medicare-eligible retirees to TRICARE for Life. Sec. 704. Modification of authorities on surveys on continued viability of TRICARE Standard and TRICARE Extra. Sec. 705. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States. Subtitle B—Other Health Care Benefits Sec. 711. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States. Sec. 712. Transitional health benefits for certain members with extension of active duty following active duty in support of a contingency operation. Sec. 713. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces. Subtitle C—Health Care Administration Sec. 721. Expansion of State licensure exceptions for certain mental health-care professionals. Sec. 722. Clarification on confidentiality of medical quality assurance records. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A—Provisions Relating to Major Defense Acquisition Programs

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Sec. 801. 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. 802. Modification of certain requirements of the Weapon Systems Acquisition Reform Act of 2009. Sec. 803. Assessment, management, and control of operating and support costs for major weapon systems. Sec. 804. Clarification of responsibility for cost analyses and targets for contract negotiation purposes. Sec. 805. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs. Sec. 806. Management of developmental test and evaluation for major defense acquisition programs. Sec. 807. Assessment of risk associated with development of major weapon systems to be procured under cooperative projects with friendly foreign countries. Subtitle B—Acquisition Policy and Management Sec. 821. Inclusion of data on contractor performance in past performance databases for source selection decisions. Sec. 822. Implementation of recommendations of Defense Science Board Task Force on Service Contracting. Sec. 823. Temporary limitation on aggregate annual amount available for contract services. Sec. 824. Annual report on single-award task and delivery order contracts. Sec. 825. Incorporation of corrosion prevention and control into requirements applicable to development and acquisition of weapon systems. Sec. 826. Prohibition on use of funds for certain programs. Sec. 827. Applicability of Buy American Act to procurement of photovoltaic devices by Department of Defense. Subtitle C—Amendments Relating to General Contracting Authorities, Procedures, and Limitations Sec. 841. Treatment for technical data purposes of independent research and development and bid and proposal costs. Sec. 842. Limitation on defense contractor compensation. Sec. 843. Covered contracts for purposes of requirements on contractor business systems. Sec. 844. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the Department of Defense. Sec. 845. Prohibition on collection of political information. Sec. 846. Waiver of ‘‘Buy American’’ requirement for procurement of components otherwise producible overseas with specialty metal not produced in the United States. Sec. 847. Comptroller General of the United States reports on noncompetitive and one-offer contracts awarded by the Department of Defense. Sec. 848. Detection and avoidance of counterfeit electronic parts. Sec. 849. Report on authorities available to the Department of Defense for multiyear contracts for the purchase of advanced biofuels. Sec. 850. Comptroller General of the United States reports on Department of Defense implementation of justification and approval requirements for certain sole-source contracts.
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Subtitle D—Provisions Relating to Wartime Contracting Sec. 861. Prohibition on contracting with the enemy in the United States Central Command theater of operations. Sec. 862. Additional access to contractor and subcontractor records in the United States Central Command theater of operations. Sec. 863. Joint Urgent Operational Needs Fund to rapidly meet urgent operational needs. Sec. 864. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies. Sec. 865. Reach-back contracting authority for Operation Enduring Freedom and Operation New Dawn. Sec. 866. Inclusion of contractor support requirements in Department of Defense planning documents. Subtitle E—Other Matters Sec. 881. Extension of availability of funds in the Defense Acquisition Workforce Development Fund. Sec. 882. 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. 883. Rate of payment for airlift services under the Civil Reserve Air Fleet program. Sec. 884. Clarification of Department of Defense authority to purchase righthand drive passenger sedan vehicles and adjustment of threshold for inflation. Sec. 885. Extension and expansion of small business programs of the Department of Defense. Sec. 886. Three-year extension of test program for negotiation of comprehensive small business subcontracting plans. Sec. 887. Five-year extension of Department of Defense Mentor-Protege Program. Sec. 888. Report on alternatives for the procurement of fire-resistant and fireretardant fiber and materials for the production of military products. Sec. 889. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program. Sec. 890. Department of Defense assessment of industrial base for night vision image intensification sensors. Sec. 891. Implementation of acquisition strategy for Evolved Expendable Launch Vehicle. Sec. 892. Report on impact of foreign boycotts on the defense industrial base. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Department of Defense Management Sec. 901. Qualifications for appointments to the position of Deputy Secretary of Defense. Sec. 902. Designation of Department of Defense senior official with principal responsibility for airship programs. Sec. 903. Memoranda of agreement on synchronization of enabling capabilities of general purpose forces with the requirements of special operations forces.
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Sec. 904. Enhancement of administration of the United States Air Force Institute of Technology. Sec. 905. Defense laboratory matters. Sec. 906. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security interests. Sec. 907. Sense of Congress on use of modeling and simulation in Department of Defense activities. Sec. 908. Sense of Congress on ties between Joint Warfighting and Coalition Center and Allied Command Transformation of NATO. Sec. 909. Report on effects of planned reductions of personnel at the Joint Warfare Analysis Center on personnel skills. Subtitle B—Space Activities Sec. 911. Commercial space launch cooperation. Sec. 912. Authority to designate increments or blocks of space vehicles as major subprograms subject to acquisition reporting requirements. Sec. 913. Review to identify interference with national security Global Positioning System receivers by commercial communications services. Subtitle C—Intelligence Matters Sec. 921. Expansion of authority for exchanges of mapping, charting, and geodetic data to include nongovernmental organizations and academic institutions. Sec. 922. Facilities for intelligence collection or special operations activities abroad. Sec. 923. Ozone Widget Framework. Sec. 924. Plan for incorporation of enterprise query and correlation capability into the Defense Intelligence Information Enterprise. Subtitle D—Cybersecurity Matters Sec. 931. Strategy to acquire capabilities to detect previously unknown cyber attacks. Sec. 932. Program in support of Department of Defense policy on sustaining and expanding information sharing. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Defense business systems. Sec. 1003. Modification of authorities on certification and credential standards for financial management positions in the Department of Defense. Sec. 1004. Deposit of reimbursed funds under reciprocal fire protection agreements. Sec. 1005. Audit readiness of financial statements of Department of Defense. Sec. 1006. Plan to ensure audit readiness of statements of budgetary resources. Subtitle B—Counter-Drug Activities

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Sec. 1011. Five-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other governmental agencies. Sec. 1012. Five-year extension and expansion of authority to provide additional support for counter-drug activities of certain foreign governments. Sec. 1013. Reporting requirement on expenditures to support foreign counterdrug activities. Sec. 1014. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Sec. 1015. Extension of authority to support unified counterdrug and counterterrorism campaign in Colombia. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Limitation on availability of funds for placing Maritime Prepositioning Ship squadrons on reduced operating status. Sec. 1022. Modification of conditions on status of retired aircraft carrier exJohn F. Kennedy. Sec. 1023. Authority to provide information for maritime safety of forces and hydrographic support. Sec. 1024. Report on policies and practices of the Navy for naming the vessels of the Navy. Sec. 1025. Assessment of stationing of additional DDG–51 class destroyers at Naval Station Mayport, Florida. Sec. 1026. Transfer of certain high-speed ferries to the Navy. Subtitle D—Detainee Matters Sec. 1031. 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. 1032. Requirement for military custody. Sec. 1033. 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. 1034. 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. 1035. Procedures for periodic detention review of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Procedures for status determinations. Sec. 1037. Clarification of right to plead guilty in trial of capital offense by military commission. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Management of Department of Defense installations. Sec. 1042. Amendments relating to the Military Commissions Act of 2009. Sec. 1043. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities. Sec. 1044. Treatment under Freedom of Information Act of certain sensitive national security information. Sec. 1045. Clarification of airlift service definitions relating to the Civil Reserve Air Fleet.

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Sec. 1046. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense and international peace and security organizations. Sec. 1047. Net assessment of nuclear force levels required with respect to certain proposals to reduce the nuclear weapons stockpile of the United States. Sec. 1048. Fiscal year 2012 administration and report on the Troops-to-Teachers Program. Sec. 1049. Expansion of Operation Hero Miles. Subtitle F—Repeal and Modification of Reporting Requirements PART I—REPEAL
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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. PART II—MODIFICATION
OF

EXISTING REPORTING REQUIREMENTS

Sec. 1066. Modification of reporting requirements under title 10, United States Code. Sec. 1067. Modification of reporting requirements under other titles of the United States Code. Sec. 1068. Modification of reporting requirements under annual defense authorization acts. Sec. 1069. Modification of reporting requirements under other laws. Subtitle G—Other Study and Report Matters Sec. 1071. 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. 1072. Report on plan to implement organizational goals recommended in the National Security Strategy–2010. Sec. 1073. Biennial assessment of and report on delivery platforms for nuclear weapons and the nuclear command and control system. Sec. 1074. Annual report on the nuclear weapons stockpile of the United States. Sec. 1075. Nuclear employment strategy of the United States. Sec. 1076. Study on the recruitment, retention, and development of cyberspace experts. Sec. 1077. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites. Sec. 1078. Report on integration of unmanned aerial systems into the national airspace system. Sec. 1079. Study on United States force posture in East Asia and the Pacific region. Sec. 1080. Report on status of implementation of accepted recommendations in the Final Report of the 2010 Army Acquisition Review panel. Sec. 1080A. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace. Sec. 1080B. Comptroller General review of medical research and development relating to improved combat casualty care.

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Sec. 1080C. Reports to Congress on the modification of the force structure for the strategic nuclear weapons delivery systems of the United States. Sec. 1080D. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense. Sec. 1080E. Comptroller General report on Department of Defense science and technology programs. Sec. 1080F. Comptroller General report on Science, Technology, Engineering, and Math (STEM) initiatives. Sec. 1080G. Report on Defense Department analytic capabilities regarding foreign ballistic missile threats. Sec. 1080H. Report on approval and implementation of Air Sea Battle Concept. Sec. 1080I. Report on effects of changing flag officer positions within the Air Force Material Command. Subtitle H—Other Matters Sec. 1081. Redesignation of psychological operations as military information support operations in title 10, United States Code, to conform to Department of Defense usage. Sec. 1082. Termination of requirement for appointment of civilian members of National Security Education Board by and with the advice and consent of the Senate. Sec. 1083. Redesignation of Industrial College of the Armed Forces as the Dwight D. Eisenhower School for National Security and Resource Strategy. Sec. 1084. Designation of Fisher House for the Families of the Fallen and Meditation Pavilion, Dover Air Force Base, Delaware, as a Fisher House. Sec. 1085. Sense of Senate on application of moratorium on earmarks to this Act. Sec. 1086. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy. Sec. 1087. Technical amendment. Sec. 1088. 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. Sec. 1089. Fire suppression agents. Sec. 1090. Acquisition and procurement exchanges between the United States and India. Sec. 1091. Long-term plan for maintenance of intercontinental ballistic missile solid rocket motor production capacity. Sec. 1092. Cybersecurity collaboration between the Department of Defense and the Department of Homeland Security. Sec. 1093. Reemployment rights following certain National Guard duty. TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. Authority of the Secretaries of the military departments to employ up to 10 persons without pay. Sec. 1102. Extension of eligibility to continue Federal employee health benefits for certain employees of the Department of Defense.

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Sec. 1103. Authority for waiver of recovery of certain payments previously made under civilian employees voluntary separation incentive program. Sec. 1104. Permanent extension and expansion of experimental personnel program for scientific and technical personnel. Sec. 1105. Modification of beneficiary designation authorities for death gratuity payable upon death of a United States Government employee in service with the Armed Forces. Sec. 1106. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone. Sec. 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Expansion of scope of humanitarian demining assistance authority to include stockpiled conventional munitions. Sec. 1202. One-year extension and modification of authorities applicable to Commanders’ Emergency Response Program. Sec. 1203. Three-year extension of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability. Sec. 1204. Conditional extension and modification of authority to build the capacity of counter terrorism forces of Yemen. Sec. 1205. Extension of authority for support of special operations to combat terrorism. Sec. 1206. Limitation on availability of funds for authorities relating to program to build the capacity of foreign military forces. Sec. 1207. Global Security Contingency Fund. Sec. 1208. Authority to build the capacity of certain counterterrorism forces of East African countries. Sec. 1209. Support of forces participating in operations to disarm the Lord’s Resistance Army. Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan Sec. 1221. Extension and modification of logistical support for coalition forces supporting operations in Iraq and Afghanistan. Sec. 1222. One-year extension of authority to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan. Sec. 1223. One-year extension of authorities applicable to the Pakistan Counterinsurgency Fund. Sec. 1224. One-year extension of authority to use funds for reintegration activities in Afghanistan. Sec. 1225. Modification of authority on program to develop and carry out infrastructure projects in Afghanistan. Sec. 1226. One-year extension of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1227. Two-year extension of certain reports on Afghanistan.

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Sec. 1228. Authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1229. Benchmarks to evaluate the progress being made toward the transition of security responsibilities for Afghanistan to the Government of Afghanistan. Sec. 1230. Certification requirement regarding efforts by Government of Pakistan to implement a strategy to counter improvised explosive devices. Sec. 1231. Report on Coalition Support Fund reimbursements to the Government of Pakistan for operations conducted in support of Operation Enduring Freedom. Subtitle C—Reports and Other Matters Sec. 1241. Report on progress of the African Union in operationalizing the African Standby Force. Sec. 1242. Comptroller General of the United States report on the National Guard State Partnership Program. Sec. 1243. Man-portable air-defense systems originating from Libya. Sec. 1244. Defense cooperation with Republic of Georgia. 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 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. Sec. Sec. Sec. Sec. Sec. 1401. 1402. 1403. 1404. 1405. 1406. Working capital funds. National Defense Sealift Fund. Defense Health Program. Chemical Agents and Munitions Destruction, Defense. Drug Interdiction and Counter-Drug Activities, Defense-wide. Defense Inspector General. 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—Armed Forces Retirement Home PART I—AUTHORIZATION
OF

APPROPRIATIONS

Sec. 1421. Authorization of appropriations. PART II—ARMED FORCES RETIREMENT HOME AUTHORITIES Sec. 1422. Amendment of Armed Forces Retirement Home Act of 1991. Sec. 1423. Annual validation of multiyear accreditation. Sec. 1424. Clarification of duties of Senior Medical Advisor.

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Sec. 1425. Replacement of Local Boards of Trustees for each facility with single Advisory Council. Sec. 1426. Administrators and ombudsmen of facilities. Sec. 1427. Inspection requirements. Sec. 1428. Repeal of obsolete provisions. Sec. 1429. Technical, conforming, and clerical amendments. Subtitle D—Other Matters Sec. 1431. 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 APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Authorization of Appropriations Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1501. 1502. 1503. 1504. 1505. 1506. 1507. 1508. 1509. Purpose. Procurement. Research, development, test, and evaluation. Operation and maintenance. Military personnel. Working capital funds. Defense Health Program. Drug Interdiction and Counter-Drug Activities, Defense-wide. Defense Inspector General. Subtitle B—Financial Matters Sec. 1521. Treatment as additional authorizations. Sec. 1522. Special transfer authority. Subtitle C—Other Matters Sec. 1531. One-year extension and modification of authority for Task Force for Business and Stability Operations in Afghanistan. Sec. 1532. Modification of availability of funds in Afghanistan Security Forces Fund. Sec. 1533. Limitation on availability of funds for Trans Regional Web Initiative. Sec. 1534. Report on lessons learned from Department of Defense participation on interagency teams for counterterrorism operations in Afghanistan and Iraq. TITLE XVI—NATIONAL GUARD EMPOWERMENT Sec. 1601. Short title. Sec. 1602. Reestablishment of position of Vice Chief of the National Guard Bureau and termination of position of Director of the Joint Staff of the National Guard Bureau. Sec. 1603. Membership of the Chief of the National Guard Bureau on the Joint Chiefs of Staff. Sec. 1604. Continuation as a permanent program and enhancement of activities of Task Force for Emergency Readiness pilot program of the Federal Emergency Management Agency.

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Sec. 1605. Report on comparative analysis of costs of comparable units of the reserve components and the regular components of the Armed Forces. Sec. 1606. Display of procurement of equipment for the reserve components of the Armed Forces under estimated expenditures for procurement in future-years defense programs. Sec. 1607. Enhancement of authorities relating to the United States Northern Command and other combatant commands. Sec. 1608. Requirements relating to National Guard officers in certain command positions. Sec. 1609. Availability of funds under State Partnership Program for additional National Guard contacts on matters within the core competencies of the National Guard. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Funding tables. TITLE XXI—ARMY Sec. Sec. Sec. Sec. Sec. 2101. 2102. 2103. 2104. 2105. Authorized Army construction and land acquisition projects. Family housing. Improvements to military family housing units. Authorization of appropriations, Army. Modification of authority to carry out certain fiscal year 2009 project. Modification of authority to carry out certain fiscal year 2010 project. Modification of authority to carry out certain fiscal year 2011 projects. Additional authority to carry out certain fiscal year 2012 project. Extension of authorizations of certain fiscal year 2008 projects. Extension of authorizations of certain fiscal year 2009 projects. Technical amendments to correct certain project specifications. Reduction of Army military construction authorization. Tour normalization. TITLE XXII—NAVY Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2201. 2202. 2203. 2204. 2205. 2206. 2207. 2208. Authorized Navy construction and land acquisition projects. Family housing. Improvements to military family housing units. Authorization of appropriations, Navy. Extension of authorization of certain fiscal year 2008 project. Extension of authorizations of certain fiscal year 2009 projects. Reduction of Navy military construction authorization. Guam realignment. TITLE XXIII—AIR FORCE Sec. Sec. Sec. Sec. 2301. 2302. 2303. 2304. Authorized Air Force construction and land acquisition projects. Family housing. Improvements to military family housing units. Authorization of appropriations, Air Force.

Sec. 2106. Sec. 2107. Sec. Sec. Sec. Sec. Sec. Sec. 2108. 2109. 2110. 2111. 2112. 2113.

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Authorized NATO construction and land acquisition projects. Subtitle B—Chemical Demilitarization Authorizations Sec. 2608. Energy conservation projects. 2412. Sec. Sec. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Sec. TITLE XXIV—DEFENSE AGENCIES Subtitle A—Defense Agency Authorizations Sec. Extension of authorizations of certain fiscal year 2008 projects. Sec. 2403. Extension of authorizations of certain fiscal year 2009 projects. 2307. Extension of authorization of certain fiscal year 2009 project. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Reduction of Air Force military construction authorization. Sec. Authorized Defense Agencies construction and land acquisition projects. 2605. Sec. chemical demilitarization construction. 2603. 2305. Authorized Army Reserve construction and land acquisition projects. 2501. 2703. 2604. 2502. Reduction of military construction authorization for base realignment and closure activities authorized through the Department of Defense Base Closure Account 1990. 2601. Authorized Air Force Reserve construction and land acquisition projects. Reduction of Defense Agencies military construction authorization. Sec. Sec. Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 2005. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES Sec. 2411. Sec.19 Sec. Defense Agencies. 2704. 2607. TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS † S 1867 ES . Sec. Authorization of appropriations. Authorization of appropriations. Sec. 2606. Authorized Army National Guard construction and land acquisition projects. 2401. 2402. 2306. 2609. 2702. NATO. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005. Sec. Sec. Sec. TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM Sec. Sec. Authorization of appropriations. Authorized Air National Guard construction and land acquisition projects. Sec. Modification of authorization to carry out certain fiscal year 2010 project. National Guard and Reserve. Authorization of appropriations. 2602. Sec. Modification of authority to carry out certain fiscal year 2009 project. Defense-wide.

limited authority to use operation and maintenance funds for construction projects outside the United States. Robinson. Clarification of land conveyance authority. Sec. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike O’Callaghan Federal Medical Center. 2821. Recognition and status of National Atomic Testing Museum. 3113. Sec. Subtitle B—Real Property and Facilities Administration Sec. Extension of temporary. 2823. † S 1867 ES . Camp Joseph T. Land conveyance and exchange. Sec.20 Subtitle A—Military Construction Program and Military Family Housing Changes Sec. Camp Caitlin and Ohana Nui areas. Sec. National Nuclear Security Administration. Sec. 3111. Clarification of authority to use the Pentagon Reservation maintenance revolving fund for minor construction and alteration activities at the Pentagon Reservation. Sec. 3115. Joint Base Elmendorf Richardson. Subtitle D—Other Matters Sec. Sec. Sec. 3101. 2811. Hawaii. 2832. 3102. 2833. Sec. 2822. Review of security vulnerabilities of national laboratory computers. Sec. 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. Arkansas. Other defense activities. and Limitations Sec. Aircraft procurement. Clarification of authority to limit encroachments. Limitation on use of funds for establishment of centers of excellence in countries outside of the former Soviet Union. Sec. Data servers and centers. General military construction transfer authority. Sec. 2802. 3114. Review by Secretary of Energy and Secretary of Defense of Comptroller General assessment of budget requests with respect to the modernization and refurbishment of the nuclear security complex. Defense environmental cleanup. 2813. Exchange of property at military installations. Sec. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy. 2812. Subtitle C—Land Conveyances Sec. Release of reversionary interest. 2801. 3112. Alaska. 2831. 3103. Subtitle B—Program Authorizations. 2803. Restrictions. Department of Defense conservation and cultural activities. Sec.

DIVISION D—FUNDING TABLES Sec. 4601. 3201. 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. 4302. TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. TITLE XLI—PROCUREMENT Sec. Sec. Authorization of amounts in funding tables. TITLE XLIV—OTHER AUTHORIZATIONS Sec. Operation and maintenance for overseas contingency operations. Report on feasibility of federalizing the security protective forces contract guard workforce at certain Department of Energy facilities. 4401. TEST. Research. 4202. Maritime Administration. Sec. 5001. Sec. 3123. Other authorizations for overseas contingency operations. AND EVALUATION Sec. Department of Energy national security programs. Definitions. Sec. 4102. TITLE XLIII—OPERATION AND MAINTENANCE Sec. 3301. Other authorizations. Plan to complete the Global Initiatives for Proliferation Prevention program in the Russian Federation. Procurement. 4501. test. DIVISION E—SBIR AND STTR REAUTHORIZATION Sec. and evaluation.21 Subtitle C—Reports Sec. TITLE XLV—MILITARY CONSTRUCTION Sec. Procurement for overseas contingency operations. 3121. Operation and maintenance. DEVELOPMENT. 4301. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 4402. Sec. Sec. Sec. 4201. Authorization. † S 1867 ES . 4001. Comptroller General study on oversight of Department of Energy defense nuclear facilities. 3202. 3122. 5002. development. Research. 4101. Sec. development. and evaluation for overseas contingency operations. test. TITLE XLII—RESEARCH. TITLE XXXIII—MARITIME ADMINISTRATION Sec. Short title. Military construction.

oversight. Sec. Commercialization Readiness Pilot Program for civilian agencies. and abuse. 5104. Continued evaluation by the National Academy of Sciences. SBIR and STTR special acquisition preference. Shortened period for final decisions on proposals and applications. 5110. Sec. Agency and program flexibility. Sec. Pilot to allow funding for administrative. TITLE LIII—OVERSIGHT AND EVALUATION Sec. Sec. Sec. Simplified paperwork requirements. Sec. Sec. TITLE LII—OUTREACH AND COMMERCIALIZATION INITIATIVES Sec. Accelerating cures. Sec. Sec. Sec. Sec. Sec. Data collection from agencies for STTR. Rural and State outreach. 5203. 5314. Technical assistance for awardees. Repeal. 5310. Streamlining annual evaluation requirements. 5109. 5313. 5111. 5108. Government database. 5003. Intellectual property protections. Sec. Sec. 5201. Interagency policy committee. 5311. Reducing vulnerability of SBIR and STTR programs to fraud. 5302. Federal agency engagement with SBIR and STTR awardees that have been awarded multiple Phase I awards but have not been awarded Phase II awards. SBIR and STTR award levels. 5102. 5103. Collaborating with Federal laboratories and research and development centers. 5304. Sec. Sec. Participation by firms with substantial investment from multiple venture capital operating companies in a portion of the SBIR program. 5112. 5202. Sec. Sec. Sec. Sec. 5101. Sec. 5306. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations. Elimination of Phase II invitations. 5106. Extension of termination dates. Sec. Sec. 5206. 5105. 5205. Sec. Data collection from agencies for SBIR. Sec. 5308. † S 1867 ES . 5312. 5204. 5305. Public database. Express authority for an agency to award sequential Phase II awards for SBIR or STTR funded projects. Technology insertion reporting requirements. 5307. waste. Accuracy in funding base calculations. 5207. 5315. Sec. Status of the Office of Technology.22 Sec. SBIR allocation increase. GAO study with respect to venture capital operating company involvement. Sec. Sec. Sec. 5303. Sec. 5301. Sec. Notice requirement. TITLE LI—REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS Sec. Sec. 5208. STTR allocation increase. Clarifying the definition of ‘‘Phase III’’. Commercialization Readiness Program at Department of Defense. 5107. 5309. and contract processing costs.

SCORING OF BUDGETARY EFFECTS. Research topics and program diversification. 1 2 SEC. 3. 5401. 101.23 TITLE LIV—POLICY DIRECTIVES Sec. submitted for printing in the Congressional Record 11 by the Chairman of the Senate Budget Committee. 5 6 SEC. for the purpose of 7 complying with the Statutory Pay-As-You-Go-Act of 2010. AUTHORIZATION OF APPROPRIATIONS. United States Code. 4. Competitive selection procedures for SBIR and STTR programs. pro12 vided that such statement has been submitted prior to the 13 vote on passage. 5502. the Navy † S 1867 ES . CONGRESSIONAL DEFENSE COMMITTEES. 5503. Sec. Funds are hereby authorized to be appropriated for 21 fiscal year 2012 for procurement for the Army. Sec. Conforming amendments to the SBIR and the STTR Policy Directives. 5501. 8 shall be determined by reference to the latest statement 9 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 10 Act. TITLE LV—OTHER PROVISIONS Sec. Report on SBIR and STTR program goals. the term ‘‘congressional de- 3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10. For purposes of this Act. The budgetary effects of this Act. 14 15 16 17 18 19 20 DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations SEC.

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT. beginning with the fiscal year 2012 pro11 gram year.—A FOR OUT-YEAR CONTRACT PAY- contract entered into under subsection (a) 15 shall provide that any obligation of the United States to 16 make a payment under the contract for a fiscal year after 17 fiscal year 2012 is subject to the availability of appropria18 tions for that purpose for such later fiscal year. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES. 3 4 5 6 7 Subtitle B—Navy Programs SEC.— 8 Subject to section 2306b of title 10.— (1) IN GENERAL. 13 14 (b) CONDITION MENTS. 19 20 21 22 23 24 Subtitle C—Air Force Programs SEC. and Defense-wide 2 activities. the Air Force. 9 the Secretary of the Navy may enter into a multiyear con10 tract or contracts. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND COMMON COCKPITS FOR NAVY MH–60R/S HELICOPTERS. for the procurement of mission avionics and 12 common cockpits for MH–60R/S helicopters. 121. as specified in the funding table in section 4101. United States Code. (a) CONTRACT AUTHORITY.24 1 and the Marine Corps.—The Secretary of the Air Force may procure two advanced extremely high fre- † S 1867 ES .

—The Secretary may use incremental funding for a contract entered into under paragraph (1) for a period not to exceed six fiscal years. (2) COST REDUCTION. (3) USE OF INCREMENTAL FUNDING. and (B) the total liability of the Federal Government for the termination of the contract shall be limited to the total amount of funding obligated at the time of the termination of the contract. † S 1867 ES . (B) Cost reduction initiatives.—The Secretary may in- clude in a contract entered into under paragraph (1) the following: (A) The procurement of material and equipment in economic order quantities if the procurement of such material and equipment in such quantities will result in cost savings.25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 quency satellites by entering into a fixed-price contract for such procurement.—A contract entered into under paragraph (1) shall provide that— (A) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose. (4) LIABILITY.

and excluding amounts described in paragraph (2).—An increase de- scribed in this paragraph is one of the following: † S 1867 ES .000.—The Secretary may increase the limitation set forth in subsection (b)(1) by the amount of an increase described in paragraph (2) if the Secretary submits to the congressional defense committees written notification of the increase made to that limitation.26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) LIMITATION OF COSTS. (c) ADJUSTMENT TO LIMITATION AMOUNT.— (1) LIMITATION. (2) INCREASE DESCRIBED. the total amount obligated or expended for the procurement of two advanced extremely high frequency satellites authorized by subsection (a) may not exceed $3.000. (C) Post-delivery and program-related support costs.—The amounts described in this paragraph are amounts associated with the following: (A) Plans. (B) Technical data packages.—Except as provided in subsection (c). (D) Technical support for obsolescence studies.— (1) IN GENERAL. (2) EXCLUSION.100.

and certifies to the congressional defense committees. that insertion of the new technology into the satellite is— (i) expected to decrease the life-cycle cost of the satellite. 2011. the Secretary † S 1867 ES . if the Secretary determines. State. (B) An increase in costs that is attributable to compliance with changes in Federal.—Not later than 30 days after the date on which the Secretary enters into a contract under subsection (a).— (1) REPORT ON CONTRACTS. (C) An increase in the cost of an advanced extremely high frequency satellite that is attributable to the insertion of a new technology into the satellite that was not built into such satellites procured before fiscal year 2012.27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) An increase in costs that is attributable to economic inflation after September 30. or (ii) required to meet an emerging threat that poses grave harm to the national security of the United States. or local laws enacted after September 30. 2011. (d) REPORTS.

28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall submit to the congressional defense committees a report on the contract that includes the following: (A) The total cost savings resulting from the authority provided by subsection (a). (D) The funding profile under the contract by year. (B) The type and duration of the contract. (E) The terms of the contract regarding the treatment of changes by the Federal Government to the requirements of the contract. by year. including how any such changes may affect the success of the contract. the Secretary shall submit to the congressional defense committees a plan for using the cost savings described in paragraph (1)(A) to improve the capability of military satellite communications that includes a description of the following: (A) The available funds. (B) The specific activities or subprograms to be funded using such cost savings and the † S 1867 ES . (C) The total value of the contract. (2) PLAN FOR USING COST SAVINGS. resulting from such cost savings.—Not later than 90 days after the date on which the Secretary enters into a contract under subsection (a).

(D) The criteria used by the Secretary to determine which such activities or subprograms to fund. (F) The plan for encouraging participation in such activities and subprograms by small businesses.—The Sec- 21 retary may obligate and expend amounts authorized to be 22 appropriated for fiscal year 2012 by section 101 for pro23 curement for the Air Force as specified in the funding 24 table in section 4101 and available for the advanced pro25 curement of long-lead parts and the replacement of obso- † S 1867 ES . (e) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE 20 NUMBER 5 FOR SPACE VEHICLE NUMBER 6. including whether that determination will be on a competitive basis. (C) The objectives for each such activity or subprogram. (G) 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. allocated to each such activity or subprogram. by year.29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 funds. (E) The method by which the Secretary will determine which such activities or subprograms to fund.

—It is the sense of Con- 7 gress that the Secretary should not enter into a fixed-price 8 contract under subsection (a) for the procurement of two 9 advanced extremely high frequency satellites unless the 10 Secretary determines that entering into such a contract 11 will save the Air Force not less than 20 percent over the 12 cost of procuring two such satellites separately. and evaluation with respect to a conventional mixed 22 load capability for the B–2 bomber aircraft. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH AND DEVELOPMENT RELATING TO THE B–2 BOMBER AIRCRAFT. Of the unobligated balance of amounts appropriated 17 for fiscal year 2011 for the Air Force and available for 18 procurement of B–2 bomber aircraft modifications. $20.000 shall 20 be available for fiscal year 2012 for research.000. and other charges. 13 14 15 16 SEC. development. 6 (f) SENSE OF CONGRESS. post19 production support. 21 test. 132. † S 1867 ES .30 1 lete parts for advanced extremely high frequency satellite 2 space vehicle number 5 for the advanced procurement of 3 long-lead parts and the replacement of obsolete parts for 4 advanced extremely high frequency satellite space vehicle 5 number 6.

(a) IN GENERAL.—None of the funds authorized to 21 be appropriated by this Act for fiscal year 2012 for the 22 Department of Defense may be obligated or expended— 23 24 25 26 (1) 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). or † S 1867 ES . 12 13 (b) PLAN TO SECURE PROTECTED COMMUNICATIONS. 133.—Of the unobligated balance of 6 amounts appropriated for fiscal year 2011 for the Air 7 Force and available for procurement of B–2 bomber air8 craft aircraft modifications. $15. 134. the Secretary 14 of the Air Force shall submit to the congressional defense 15 committees a plan to provide an extremely high frequency 16 terminal for secure protected communications for the B– 17 2 bomber aircraft and other aircraft. (a) IN GENERAL. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT ALTERNATIVE OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL INCREMENT 1 PROGRAM OF RECORD. LIMITATIONS ON USE OF FUNDS TO RETIRE B–1 BOMBER AIRCRAFT. and 9 other charges.000 shall be available to support 10 alternative options for the extremely high frequency ter11 minal Increment 1 program of record. 2012.—Not later than February 1. post-production support.000. 18 19 20 SEC.31 1 2 3 4 5 SEC. to retire any B–1 bomber aircraft.

(4) A modernization plan for sustaining the remaining B–1 bomber aircraft through at least calendar year 2022.32 1 2 3 (2) after that date. (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.—The plan described in this 4 subsection is a plan for retiring B–1 bomber aircraft that 5 includes the following: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) An identification of each B–1 bomber aircraft that will be retired and the disposition plan for such aircraft. † S 1867 ES . (b) PLAN DESCRIBED. (2) An estimate of the savings that will result from the proposed retirement of six 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. to retire more than six B– 1 bomber aircraft.

† S 1867 ES . and (2) an amount that is not less than 35 percent of the amount described in paragraph (1) should be reinvested in modernizing and sustaining the remaining B–1 bomber aircraft through at least calendar year 2022. Technology. 135. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT. 20 and Logistics certifies in writing to the appropriate com21 mittees of Congress that the operating and sustainment 22 (O&S) costs for the Global Hawk unmanned aerial vehicle 23 (UAV) are less than the operating and sustainment costs 24 for the U–2 aircraft on a comparable flight-hour cost 25 basis.—The Secretary of the Air Force 16 may take no action that would prevent the Air Force from 17 maintaining the U–2 aircraft fleet in its current configura18 tion and capability beyond fiscal year 2016 until the 19 Under Secretary of Defense for Acquisition. SEC.33 1 (c) SENSE OF CONGRESS.—It is the sense of Con- 2 gress that— 3 4 5 6 7 8 9 10 11 12 13 14 15 (1) an amount that is not less than 60 percent of the savings achieved in each calendar year through calendar year 2022 resulting from the retirement of B–1 bomber aircraft should be reinvested in modernizing and sustaining bomber aircraft. (a) LIMITATION.

the Committee on Appropriations. 136. 2011’’. the Committee on Appropriations.—If 25 the chief executive officer of a State accepts title of an † S 1867 ES . 2009’’ and inserting ‘‘October 1. 24 (b) TRANSFER UPON ACCEPTANCE OF OFFER.—Upon determining to retire a C– 21 23 aircraft. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE. and the Permanent Select Committee on Intelligence of the House of Representatives. 137. LIMITATION ON RETIREMENT OF C–23 AIRCRAFT. SEC. and (2) the Committee on Armed Services. United States Code. and the Select Committee on Intelligence of the Senate.—In OF CONGRESS DE- this section. the Secretary of the Army shall first offer title 22 to such aircraft to the chief executive officer of the State 23 in which such aircraft is based. 14 is amended— 15 16 17 18 19 20 (1) by striking ‘‘October 1.34 1 2 (b) APPROPRIATE COMMITTEES FINED. (a) IN GENERAL. and (2) by striking ‘‘316 aircraft’’ and inserting ‘‘301 aircraft’’. the term ‘‘appropriate commit- 3 tees of Congress’’ means— 4 5 6 7 8 9 10 11 12 13 (1) the Committee on Armed Services. SEC. Section 8062(g)(1) of title 10.

12 maintaining. 10 U.S. 167 note) is amended by 22 adding at the end the following new paragraphs: 23 24 25 ‘‘(6) A table setting forth the Combat Mission Requirements approved during the fiscal year in which such report is submitted and the two pre- † S 1867 ES . sustaining. 124 Stat. The Secretary shall provide a reasonable amount 4 of time for acceptance of the offer.—Immediately upon transfer of 10 title to an aircraft to the State under this section. 4159.—Notwithstanding the transfer of title to an 6 aircraft to a State under this section.35 1 aircraft under subsection (a). 5 (c) USE. the 11 State shall assume all costs associated with operating. 9 (d) SUSTAINMENT. 151. the aircraft may 7 continue to be utilized by the National Guard of the State 8 in State status using National Guard crews in that status. Section 123(b) of the Ike Skelton National Defense 20 Authorization Act for Fiscal Year 2011 (Public Law 111– 21 383. 13 14 15 16 17 18 19 Subtitle D—Joint and Multiservice Matters SEC. the Secretary shall transfer 2 title of the aircraft to the State without charge to the 3 State. and modernizing the aircraft.C. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION REQUIREMENTS IN QUARTERLY REPORTS ON USE OF COMBAT MISSION REQUIREMENT 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. F–35 JOINT STRIKE FIGHTER AIRCRAFT. including for each such Requirement— ‘‘(A) the title of such Requirement. the Secretary of Defense shall ensure 18 each of the following: 19 20 21 22 (1) That the contract is a fixed price contract.’’. † S 1867 ES . and the source of such approved funds.36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ceding fiscal years. (2) That the contract requires the contractor to assume full responsibility for costs under the contract above the target cost specified in the contract. 152. In entering into a contract for the procurement of 15 aircraft for the fifth low-rate initial production contract 16 lot (LRIP–5) for the F–35 Lightning II Joint Strike 17 Fighter aircraft. and ‘‘(C) the amount of funding approved for such Requirement. ‘‘(B) the date of approval of such Requirement.

Technology.37 1 2 3 4 5 SEC. United States Code. and Logistics shall submit to 9 the Committees on Armed Services of the Senate and the 10 House of Representatives a report on the plans of the De11 partment of Defense to implement the requirements of the 12 Weapon Systems Acquisition Reform Act of 2009 (Public 13 Law 111–23). 153. At the same time the budget of the President for fis- 6 cal year 2013 is submitted to Congress pursuant to section 7 1105 of title 31. † S 1867 ES . and the amendments made by that Act. 15 The report shall set forth the following: 16 17 18 19 20 21 22 (1) Specific goals for implementing the requirements of the Weapon Systems Acquisition Reform Act of 2009. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009 MEASURES WITHIN THE JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. and the amendments made by that Act. the Under Secretary 8 for Acquisition. within the Joint Strike Fighter aircraft program. 14 within the Joint Strike Fighter (JSF) aircraft program. (2) A schedule for achieving each goal set forth under paragraph (1) for the Joint Strike Fighter aircraft program.

acting as the executive 11 agent for the Department of the Navy. and Logistics shall designate 25 the undersea mobility acquisition program of the United † S 1867 ES . 154. (a) DESIGNATION. 7 the Secretary of the Army may enter into one or more 8 multiyear contracts.— 6 Subject to section 2306b of title 10. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES FOR ARMY UH–60M/HH–60M HELICOPTERS AND NAVY MH–60R/MH–60S HELICOPTERS. 13 (b) CONDITION FOR OUT-YEAR PAYMENTS.—The Under Secretary of Defense 24 for Acquisition. 19 20 21 22 23 SEC.38 1 2 3 4 5 SEC. Technology. for the procurement of airframes for UH– 10 60M/HH–60M helicopters and. for the procure12 ment of airframes for MH–60R/MH–60S helicopters. (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—A con- 14 tract entered into under subsection (a) shall provide that 15 any obligation of the United States to make a payment 16 under the contract for a fiscal year after fiscal year 2012 17 is subject to the availability of appropriations for that pur18 pose for such later fiscal year. United States Code. DESIGNATION OF UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE UNITED STATES SPECIAL OPERATIONS COMMAND AS A MAJOR DEFENSE ACQUISITION PROGRAM. beginning with the fiscal year 2012 9 program year. 155.

TRANSFER OF AIR FORCE C–12 LIBERTY INTELLIGENCE. 3 (b) ELEMENTS.—The major defense acquisition pro- 4 gram designated under subsection (a) shall consist of the 5 elements as follows: 6 7 8 9 10 11 12 13 14 15 16 17 (1) The Dry Combat Submersible-Light program. (2) The Dry Combat Submersible-Medium program. (a) PLAN FOR TRANSFER. SURVEILLANCE. and Reconnaissance (ISR) aircraft to the Army 21 to avoid the need for the Army to procure additional C– 22 12 aircraft for the replacement of the Guardrail aircraft 23 fleet under the Enhanced Medium Altitude Reconnais24 sance and Surveillance System (EMARSS) program. SEC.—The Secretary of De- 18 fense shall develop and carry out a plan for the orderly 19 transfer of the Air Force C–12 Liberty Intelligence. † S 1867 ES . Sur20 veillance. (4) The Next-Generation Submarine Shelter program. (3) The Shallow Water Combat Submersible program.39 1 States Special Operations Command as a major defense 2 acquisition program (MDAP). 156. AND RECONNAISSANCE AIRCRAFT TO THE ARMY.

The report shall include a description of 23 the plan and an estimate of the costs to be avoided 24 through cancellation of aircraft procurement under the 25 Enhanced Medium Altitude Reconnaissance and Surveil- † S 1867 ES . (c) REPORT.40 1 (b) ELEMENTS.—The plan required by subsection (a) 2 shall— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (1) take into account the ability of Army personnel now operating the Guardrail aircraft to take over operation of C–12 Liberty aircraft as Guardrail aircraft are retired. the 20 Secretary shall submit to the congressional defense and 21 intelligence committees a report on the plan required by 22 subsection (a).—Not later than the date on which the 18 budget for fiscal year 2013 is submitted to Congress pur19 suant to section 1105 of title 31. and (3) provide for the modification of the Liberty C–12 aircraft transferred under the plan to meet the long-term needs of the Army for the Enhanced Medium Altitude Reconnaissance and Surveillance System configuration to replace the Guardrail system. surveillance. United States Code. and reconnaissance support for forces deployed to Afghanistan and elsewhere. freeing up Air Force personnel for reallocation to meet the expanding orbit requirements for Unmanned Aerial Systems. (2) take into account the need to sustain intelligence.

157.— GENERAL. freight † S 1867 ES . and (ii) an assessment of the costs that were capitalized as military equipment and inventory and the cost characterized as operating expenses (including payroll. completeness. (2) ELEMENTS. and cost of the assets acquired with such funds.—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. 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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SEC. (a) REPORT (1) IN ON AUDIT OF FUNDS FOR PROGRAM.41 1 lance System program by reason of the transfer of aircraft 2 under the plan.—Not later than 60 days after the date of the enactment of this Act. including— (i) an assessment of the existence. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-ENGINING PROGRAM.

(B) A statement of the amount of such funds that remain available for obligation and expenditure. the 11 installation of two engine shipsets on two operational 12 Joint Surveillance Target Attack Radar System aircraft 13 and the purchase of two spare engines. VERTICAL LANDING VARIANT OF THE JOINT STRIKE FIGHTER. Not later than 45 days after the date of the enact- 19 ment of this Act. and in which accounts. including. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF SHORT TAKE-OFF. but not limited to.42 1 2 3 4 5 6 and shipment. the Secretary of Defense shall submit 20 to the congressional defense committees a report on the 21 development of the short take-off.—The Secretary of 7 the Air Force shall take appropriate actions to ensure that 8 any funds described by subsection (a)(2)(B) are obligated 9 and expended for the purpose for which originally author10 ized and appropriated. (b) USE OF REMAINING FUNDS. 158. 14 15 16 17 18 SEC. and other operating costs). inspection. vertical landing variant 22 of the Joint Strike Fighter (otherwise known as the F– 23 35B Joint Strike Fighter) that includes the following: 24 25 (1) An identification of the criteria that the Secretary determines must be satisfied before the F– † S 1867 ES .

(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). SEC. (3) A plan for how the Secretary intends to resolve the issues described in paragraph (2)(B) before January 6. 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. 2011.43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35B Joint Strike Fighter can be removed from the two-year probationary status imposed by the Secretary on or about January 6. 159. 2013. title. † S 1867 ES . (a) AUTHORITY. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F–35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT. 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. and (B) the technical issues that remain in the development program for the F–35B Joint Strike Fighter.— (1) EXCHANGE AUTHORITY.—In accordance with subsection (c).

(b) FUNDING FOR PRODUCTION OF AIRCRAFT.—The TO BE EXCHANGED BY UNITED 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.—The TO BE EXCHANGED BY UNITED 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. and interest of the United Kingdom in and to an aircraft described in paragraph (3). 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.— (1) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED BY UNITED STATES. (2) AIRCRAFT STATES. (3) AIRCRAFT KINGDOM. as of November 19.44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 title. The Secretary may execute the exchange under this section on behalf of the United States only with the concurrence of the Secretary of State.— † S 1867 ES . 2010.

—Costs for up- grades 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.—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. and deficiency corrections) may be derived from appropriations for Aircraft Procurement. † S 1867 ES . funds for production of the aircraft to be transferred by the United States (including the propulsion system. for the aircraft under the contract referred to in subsection (a)(2). the production build.45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) IN GENERAL. (B) EXCEPTION. (2) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED BY UNITED KINGDOM.—Except as provided in subparagraph (B). long lead-time materials. Navy.

AND EVALUATION Subtitle A—Authorization of Appropriations SEC. and as supplemented as necessary by the United 10 States and the United Kingdom. Sustainment. and Follow-on Development Memo5 randum of Understanding’’. development.46 1 (c) IMPLEMENTATION. † S 1867 ES . test. AUTHORIZATION OF APPROPRIATIONS. and evaluation as specified 20 in the funding table in section 4201. 201.S. consistent with 8 section 27 of the Arms Export Control Act (22 U. TEST. Funds are hereby authorized to be appropriated for 18 fiscal year 2012 for the use of the Department of Defense 19 for research. 9 2767).—The exchange under this 2 section shall be implemented pursuant to the memo3 randum of understanding titled ‘‘Joint Strike Fighter Pro4 duction. DEVELOPMENT.C. 11 12 13 14 15 16 17 TITLE II—RESEARCH. 2006. which entered into effect 6 among nine nations including the United States and the 7 United Kingdom on December 31.

None of the funds authorized to be appropriated by 22 section 201 for research. 11 12 (b) PROHIBITION PENDITURES AS ON TREATMENT OF CERTAIN EX- ALLOWABLE CHARGES. 13 development.47 1 2 3 4 5 6 7 Subtitle B—Program Requirements. whether as a direct or indirect cost. development. DEVELOPMENT. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B–2 BOMBER AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE COMMUNICATIONS PROGRAM. Restrictions. 212. or evaluation on the F136 engine that 14 is conducted and funded by the contractor may be consid15 ered an allowable charge on any future government con16 tract. develop10 ment. 17 18 19 20 21 SEC. TEST. and evaluation 23 for the Air Force as specified in the funding table in sec24 tion 4201 and available for Increment 2 of the B–2 bomb25 er aircraft extremely high frequency satellite communica† S 1867 ES . 211. PROHIBITIONS RELATING TO USE OF FUNDS FOR RESEARCH. (a) PROHIBITION ON USE OF FUNDS FOR RDT&E.—No research. or evaluation on the F136 engine. AND EVALUATION ON THE F136 ENGINE. test.— 8 None of the amounts authorized to be appropriated by this 9 Act may be obligated or expended for research. and Limitations SEC. test. test.

† S 1867 ES . development. (2) A detailed plan setting forth the projected cost and schedule for research.48 1 tions program may be obligated or expended until the date 2 that is 15 days after the date on which the Secretary of 3 the Air Force submits to the congressional defense com4 mittees the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (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 testing on the extremely high frequency active electronically steered array antenna. 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.

—Milestone B approval may not be granted for the Marine Personnel Carrier (MPC) until 30 days after the date of the submittal to the congressional defense committees of an Analysis of Alternatives (AoA) for the Amphibious Combat Vehicle (ACV). 213. Tech11 nology. UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE. Of the amounts authorized to be appropriated for fis- 4 cal year 2012 for the Navy for research. 16 17 SEC. † S 1867 ES . and Logistics certifies to the congressional defense 12 committees that the Under Secretary has approved an ac13 quisition plan for that program at Milestone A approval 14 that requires implementation of open architecture stand15 ards for that program. test.— 20 21 22 23 24 25 (1) LIMITATION. 5 and evaluation and available for purposes of the Un6 manned Carrier Launched Airborne Surveillance and 7 Strike (UCLASS) program (PE 64404N) as specified in 8 the funding table in section 4201. not more than 50 per9 cent may be obligated or expended for such purposes until 10 the Under Secretary of Defense for Acquisition. MARINE CORPS GROUND COMBAT VEHICLES. (a) LIMITATION ON MILESTONE B APPROVAL FOR OF 18 MARINE PERSONNEL CARRIER PENDING ANALYSIS 19 ALTERNATIVES FOR AMPHIBIOUS COMBAT VEHICLE. development.49 1 2 3 SEC. 214.

(B) An assessment of the amount of time Marines can be expected to ride in a nonplaning amphibious assault vehicle without suffering a significant degradation in combat effectiveness.50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) REQUIREMENTS NATIVES. The assessment shall identify the key issues and variables that determine survivability in each of the scenarios assessed.—The FOR ANALYSIS OF ALTER- Analysis of Alternatives for the Am- phibious Combat Vehicle required by paragraph (1) shall include each of the following: (A) An assessment of the ability of the Navy to defend its vessels against attacks at distances from shore ranging from 10-to-30 nautical miles during amphibious assault operations in multiple potential future conflict scenarios. based on existing and planned and budgeted defense capabilities. (C) An assessment of the armor protection levels the Amphibious Combat Vehicle would require to satisfy the requirements for the Marine † S 1867 ES . The Marine Corps shall conduct tests to support such assessment using existing Amphibious Assault Vehicles and Expeditionary Fighting Vehicle SDD–2 prototypes.

and such other pre-acquisition activities. tests. (D) An assessment of whether an Amphibious Combat Vehicle system could perform the range of amphibious assault and land warfare missions for the Marine Corps at a life-cycle cost approximately equal to or less than the combined cost of the Amphibious Combat Vehicle and Marine Personnel Carrier programs. (3) SUPPORT OF ANALYSIS OF ALTER- NATIVES.—The Marine Corps may conduct such technology development and demonstration. and an assessment of the extent to which a ground combat vehicle fleet composed entirely of Amphibious Combat Vehicles would enhance the amphibious assault capabilities of the Marine Corps when compared with a fleet composed of a mixture of Amphibious Combat Vehicles and Marine Personnel Carriers. as the Marine Corps considers necessary to support the Analysis of Alternatives re- † S 1867 ES . and modeling. and an assessment whether a non-planing Amphibious Combat Vehicle could practically achieve that armor protection level while meeting other objectives for mobility and cost.51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Personnel Carrier program. exercises.

—Milestone B approval may not be granted for any Marine Corps ground combat vehicle specified in paragraph (2) until 30 days after the date of the submittal to the congressional defense committees of a life-cycle cost assessment of the portfolio of Marine Corps ground vehicles performed by the Director of Cost Assessment and Program Evaluation of the Department of Defense. † S 1867 ES . (D) Any other ground combat vehicle of the Marine Corps under development as of the date of the enactment of this Act for which Milestone B approval has not been granted as of that date.—The Marine Corps ground combat vehicles specified in this paragraph are the following: (A) The Marine Personnel Carrier. (C) The Joint Light Tactical Vehicle (JLTV). (B) The Amphibious Combat Vehicle. (b) LIMITATION ON MILESTONE B APPROVAL FOR 4 VARIOUS VEHICLES PENDING LIFE-CYCLE COST ASSESS5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MENT.52 1 2 3 quired by paragraph (1) and the establishment of requirements for the Amphibious Combat Vehicle.— (1) LIMITATION. (2) COVERED VEHICLES.

C. and the Marine Personnel 8 Carrier. 231. and † S 1867 ES . $30. 10 U. the As7 sault Amphibious Vehicle 7A1.000 is available for pre-acquisition activi9 ties in support of the Analysis of Alternatives and require10 ments definition for the Amphibious Combat Vehicle.000. 233 22 note) is amended— 23 24 (1) in subsection (d).S. and 4 evaluation for the Navy as specified in the funding tables 5 in section 4201 for Program Elements 0603611M and 6 0206623M for the Amphibious Combat Vehicle.—Section 225 of the Ike Skelton 20 National Defense Authorization Act for Fiscal Year 2011 21 (Public Law 111–383. (a) IN GENERAL. United 14 States Code. 11 (d) MILESTONE B APPROVAL DEFINED. the term ‘‘Milestone B approval’’ has the meaning 13 given that term in section 2366(e)(7) of title 10. test.—In this 12 section.53 1 (c) AVAILABILITY OF FUNDS. 4170. 124 Stat. by striking ‘‘each report’’ and inserting ‘‘each of the first three reports’’. 15 16 17 18 19 Subtitle C—Missile Defense Matters SEC.—Of the amounts au- 2 thorized to be appropriated for fiscal year 2012 by section 3 201 and available for research. development. ENHANCED OVERSIGHT OF MISSILE DEFENSE ACQUISITION PROGRAMS.

23 24 25 ings: SEC. the 5 Comptroller General of the United States shall review the 6 annual reports on acquisition baselines and variances re7 quired under subsection (c) and assess the extent to which 8 the Missile Defense Agency has achieved its acquisition 9 goals and objectives. 2431 note) is amend22 ed by striking subsection (g). 15 Each report shall include any findings and recommenda16 tions on missile defense acquisition programs and account17 ability therefore that the Comptroller General considers 18 appropriate.—Section OF SUPERSEDED REPORTING AUTHOR- 232 of the National Defense Authorization 21 Act for Fiscal Year 2002 (10 U.’’. (a) FINDINGS. 10 ‘‘(2) Not later than February 15. the Comptroller General 12 shall submit to the congressional defense committees a re13 port on the assessment under paragraph (1) with respect 14 to the acquisition baselines for the preceding fiscal year.C.S.—Congress makes the following find- † S 1867 ES .—(1) At 4 the end of each of fiscal years 2012 through 2015.54 1 2 3 (2) by adding at the end the following new subsection: ‘‘(e) COMPTROLLER GENERAL ASSESSMENT. GROUND-BASED MIDCOURSE DEFENSE PROGRAM. and each 11 year thereafter through 2016. 232. 2013. 19 20 (b) REPEAL ITY.

(3) As the Department of Defense and the Government Accountability Office have acknowledged. (2) As the Director of Operational Test and Evaluation has reported. an operationally representative variant of the Ground-Based Interceptor had not been flight-tested. In April 2011. (4) The Director of Operational Test and Evaluation reported in December 2010 that there have not been enough flight tests of the Ground-based Midcourse Defense system to permit an objective as- † S 1867 ES . It is still an ‘operational prototype’ system’’.55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) The Ground-based Midcourse Defense (GMD) element of the Ballistic Missile Defense System was deployed initially in 2004 as a contingency capability to provide initial protection of the United States homeland against potential limited long-range missile attacks by nations such as North Korea and Iran. the Ground-based Midcourse Defense system experienced high levels of concurrency in development and deployment. which led to a number of problems. the Missile Defense Agency acknowledged that the system ‘‘is still evolving and has not attained a stable configuration between missiles. prior to the decision in December 2002 to deploy the system.

the Secretary of Defense announced that the Department of Defense would refocus efforts on improving the operational capability. (7) In February 2010 the Ballistic Missile Defense Review stated the United States is currently protected against limited intercontinental ballistic missile attacks as a result of investments made over † S 1867 ES . The system has been under continuous improvement since it was first deployed.56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sessment of its operational effectiveness. reliability. (6) In 2009. (5) As is to be expected from a developmental system. the Ground-based Midcourse Defense system has experienced a number of technical problems in flight tests. but has not yet obtained desired levels of effectiveness. evaluation of survivability remains limited. and a ‘‘full end-to end performance assessment is still a minimum of 6 years away’’. and availability of the Groundbased Midcourse Defense system in order to maintain its ability to stay ahead of projected threats from North Korea and Iran for the foreseeable future. suitability data remain insufficient. Many of these problems have been resolved with further development. suitability. as demonstrated in successful flight tests. or reliability.

and availability of the Ground-based Midcourse Defense System. (9) The two most recent flight tests are not indicative of the functionality of the Capability Enhancement-1 Exo-atmospheric Kill Vehicle design. reliability. each failed to achieve the intended interception of a target. (8) The two most recent flight tests of the Ground-based Midcourse Defense system. (10) The Missile Defense Agency established a Failure Review Board to determine the root cause of the December 2010 flight-test failure of the Groundbased Midcourse Defense system. Its analysis will inform the proposed correction of the problem causing the flight-test failure. using the newest Capability Enhancement-2 Exo-atmospheric Kill Vehicle (EKV) design.57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the past decade in the Ground-based Midcourse Defense system and reiterated the commitment to improving the operational capability. (11) The Missile Defense Agency plans to design a correction of the problem causing the December 2010 flight-test failure and to verify the correc- † S 1867 ES . which continues to provide the United States protection against a limited intercontinental ballistic missile attack.

sustainability. and to permit any corrective action that may be needed to Exo-atmospheric Kill Vehicles at minimal cost and schedule risk. (13) The Director of the Missile Defense Agency has testified that the Missile Defense Agency has sufficient funding available and planned for fiscal years 2011 and 2012. (b) SENSE OF CONGRESS. throughout its † S 1867 ES . and two flight tests.58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 tion through extensive modeling and simulation. the first of which will not be an interception test. ground testing. and operational performance that will allow it to continue providing protection of the United States homeland.—It is the sense of Con- 18 gress that— 19 20 21 22 23 24 (1) it is essential for the Ground-based Midcourse Defense element of the Ballistic Missile Defense System to achieve the levels of reliability. respectively. availability. (12) Until completing the verification of its corrective action. to implement the planned correction of the problem causing the December 2010 flight-test failure. the Missile Defense Agency has suspended further production of Exo-atmospheric Kill Vehicles to ensure that potential flaws are not incorporated into them.

59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 operational service life. 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). determine the root cause of the December 2010 flight-test failure of the Ground-based Midcourse Defense system. (3) before verifying the success of the correction of the problem causing the December 2010 flighttest failure. (4) after the Missile Defense Agency has verified the correction of the problem causing the December 2010 flight-test failure. the Agency should assess the need for any additional Ground-Based Interceptors and any additional steps † S 1867 ES . (2) the Missile Defense Agency should. as its highest priority. including through the two previously unplanned verification flight tests. design a correction of the problem causing the flight-test failure. against limited future missile attacks from nations such as North Korea and Iran. the Missile Defense Agency should suspend further production of Exo-atmospheric Kill Vehicles to ensure that they will not be deployed with any component or design flaws that may have caused the flight-test failure.

—Each report required by paragraph (1) shall include the following: (A) A detailed discussion of the plan to correct the problem described in that para- † S 1867 ES .60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 needed for the Ground-based Midcourse Defense testing and sustainment program.—Not later than 120 days after the date of the enactment of this Act. and any progress toward the achievement of that plan. 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 to mitigate the effects of corrective actions on previously planned program work that is deferred as a result of such corrective actions. and one year thereafter. (c) REPORTS. and (5) the Department of Defense should plan for and budget sufficient future funds for the Groundbased Midcourse Defense program to ensure the ability to complete and verify an effective correction of the problem causing the December 2010 flighttest failure. (2) ELEMENTS.— (1) REPORTS REQUIRED.

61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 graph. including on testing. design. or deferred work. (C) A description of any cost or schedule impact of the plan on the Ground-based Midcourse Defense program. (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. design. (3) FORM. production.—Each report required by paragraph (1) shall be in unclassified form. schedule. but may include a classified annex. including diagnostic. (B) A detailed discussion of any results obtained from the plan described in subparagraph (A) as of the date of such report. including plans for diagnostic. or funding adjustments. refurbishment. testing. † S 1867 ES . (D) A description of any planned adjustments to the Ground-based Midcourse Defense program as a result of the implementation of the plan. United States Code. or manufacturing results. including future programmatic. testing. testing. and manufacturing actions.

MISSILE DEFENSE COOPERATION WITH RUSSIA. also known as the Joint Data Exchange Center (JDEC). 2001. the United States and Russia have discussed a variety of options for cooperation on shared early warning and ballistic missile defense. And perhaps one day. on May 1. 233. Bush spoke of a ‘‘new cooperative relationship’’ with Russia and said it ‘‘should be premised on openness.—Congress makes the following find- † S 1867 ES . It should allow us to share information so that each nation can improve its early warning capability. we can even cooperate in a joint defense’’. President George W. mutual confidence and real opportunities for cooperation. and its capability to defend its people and territory. including the area of missile defense. (2) Section 1231 of the Floyd D. (a) FINDINGS. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398.62 1 2 3 ings: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) For more than a decade. SEC. For example. 1654A–329) authorized the Department of Defense to establish in Russia a ‘‘joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles’’.

We have instructed our experts to work together to analyze the ballistic missile challenges of the 21st century and to prepare appropriate recommendations’’.63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) On March 31. 2009. An extraordinary series of transparency measures have also been offered to reassure Russia. 2008. to joint development of a regional missile defense architecture—all designed to defend the United States. . Despite some Russian reluctance to sign up to these cooperative missile defense activities. . to data sharing. (5) The February 2010 report of the Ballistic Missile Defense Review established as one of its cen- † S 1867 ES . (4) On July 6. we continue to work toward this goal’’. and Russia from the growing threat of Iranian ballistic missiles. Deputy Secretary of Defense Gordon England stated that ‘‘we have offered Russia a wide-ranging proposal to cooperate on missile defense—everything from modeling and simulation. President Barack Obama and Russian President Dmitry Medvedev issued a joint statement on missile defense issues. which stated that ‘‘Russia and the United States plan to continue the discussion concerning the establishment of cooperation in responding to the challenge of ballistic missile proliferation. Europe.

territory and forces’’ and also to seek cooperation with Russia on missile defense. † S 1867 ES . with regard to cooperation with Russia. the North Atlantic Treaty Organization (NATO) decided to develop a missile defense system to ‘‘protect NATO European populations. possible technical cooperation. that ‘‘NATO-Russia cooperation is of strategic importance’’. The new NATO Strategic Concept adopted at the Lisbon Summit states that ‘‘we will actively seek cooperation on missile defence with Russia’’. In its Lisbon Summit Declaration. the United States ‘‘is pursuing a broad agenda focused on shared early warning of missile launches. (6) at the November 2010 Lisbon Summit. the North Atlantic Treaty Organization reaffirmed its readiness to ‘‘invite Russia to explore jointly the potential for linking current and planned missile defence systems at an appropriate time in mutually beneficial ways’’. and that ‘‘the security of the North Atlantic Treaty Organization and Russia is intertwined’’. and even operational cooperation’’.64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tral policy pillars that increased international missile defense cooperation is in the national security interest of the United States and.

and at the same time provide Russia with greater security’’. Effective cooperation with Russia could enhance the overall efficiency of our combined territorial missile defenses. which could lead to adding Russian capabilities to those deployed by NATO to enhance our common security against common threats. † S 1867 ES . 124 Stat. 2010. The Lisbon Summit thus demonstrated that the Alliance’s missile defenses can be strengthened by improving NATO-Russian relations.65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (7) In a December 18. This comes even as we have made clear that the system we intend to pursue with Russia will not be a joint system. 4167) states that it is the sense of Congress ‘‘to support the efforts of the United States Government and the North Atlantic Treaty Organization to pursue cooperation with the Russian Federation on ballistic missile defense relative to Iranian missile threats’’. President Obama wrote that the North Atlantic Treaty Organization ‘‘invited Russia to cooperate on missile defense. letter to the leadership of the Senate. and it will not in any way limit United States’ or NATO’s missile defense capabilities. (8) Section 221(a)(3) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383.

a limited system that poses no challenges to the large Russian nuclear arsenal.66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (9) In a speech in Russia on March 21. We’ve disagreed before. and conducting a joint analysis to determine areas of future cooperation’’. This collaboration may include exchanging launch information. and Russia still has uncertainties about the European Phased Adaptive Approach. and that such an agreement is necessary ‘‘for the safeguarding of sensitive information in support of cooperation’’ on missile defense. 2011. allowing greater transparency with respect to our missile defense plans and exercises. setting up a joint data fusion center. However. and to † S 1867 ES . 2011. Roberts stated that the United States has been pursuing a Defense Technology Cooperation Agreement with Russia since 2004. (10) In testimony to the Committee on Armed Services of the Senate on April 13. Secretary of Defense Robert Gates cited ‘‘the NATO-Russian decision to cooperate on defense against ballistic missiles. Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy Bradley H. we’ve mutually committed to resolving these difficulties in order to develop a roadmap toward truly effective anti-ballistic missile collaboration.

These areas of cooperation require each side to share and protect sensitive information. (11) The United States and Russia already engage in substantial cooperation on a number of international security efforts. The United States has developed procedures and mechanisms for sharing early warning information with partner nations while ensuring the protection of sensitive United States information. anti-piracy. and logistics resupply through Russia of coalition forces in Afghanistan. (12) The United States currently has shared early warning agreements and programs of cooperation with eight nations in addition to the North Atlantic Treaty Organization.’’ Further. Roberts stated that the United States would not provide any classified information to Russia without first conducting a National Disclosure Policy review. Dr. He also stated that the United States is not considering sharing ‘‘hit-tokill’’ technology with Russia. counter-terrorism.67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘provide the legal framework for undertaking cooperative efforts. nuclear security. counter-narcotics. which they have both done successfully. † S 1867 ES . including nuclear nonproliferation.

(b) SENSE OF CONGRESS. as acknowledged in the December 18. its North Atlantic Treaty Organization allies. an defend against ballistic missile threats from Iran. 2010. and Russia. letter from Presi- † S 1867 ES .68 1 2 3 4 5 6 7 8 9 (13) Russia and the United States each have missile launch early warning and detection and tracking sensors that could contribute to and enhance each others’ ability to detect. particularly through the NATO-Russia Council. (3) missile defense cooperation with Russia should not ‘‘in any way limit United States’ or NATO’s missile defense capabilities’’. (14) The Obama Administration has provided regular briefings to Congress on its discussions with Russia on possible missile defense cooperation. track. particularly against missile threats from Iran.—It is the sense of Con- 10 gress that— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) it is in the national security interest of the United States to pursue efforts at missile defense cooperation with Russia that would enhance the security of the United States. (2) the United States should pursue ballistic missile defense cooperation with Russia on both a bilateral basis and a multilateral basis with its North Atlantic Treaty Organization allies.

and should be mutually beneficial and reciprocal in nature. (B) prior to sharing classified information with Russia. and (4) the United States should pursue missile defense cooperation with Russia in a manner that ensures that— (A) United States classified information is appropriately safeguarded and protected from unauthorized disclosure. (c) REPORT.69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dent Obama to the leadership of the Senate. and (D) such cooperation does not limit the missile defense capabilities of the United States or its North Atlantic Treaty Organization allies. the United States enters into a Defense Technology Cooperation Agreement with Russia that establishes the legal framework for a broad spectrum of potential cooperative defense projects.— † S 1867 ES . (C) prior to entering into missile defense technology cooperation projects. the United States conducts a National Disclosure Policy review and determines the types and levels of information that may be shared and whether any additional procedures are necessary to protect such information.

on efforts to agree on missile defense cooperation.—The report required under paragraph (1) shall include the following: (A) A summary of the status of discussions between the United States and Russia. (C) A discussion of the manner in which such cooperative measures would enhance the security of the United States. and the manner in which such cooperative measures fit within the larger context of United States-Russian cooperation on international security. (2) ELEMENTS.—Not later than 180 days after the date of the enactment of this Act. implemented. (B) A description of any agreements reached pursuant to such discussions. the President shall submit to the appropriate committees of Congress a report on the status of efforts to reach agreement with Russia on missile defense cooperation. and any specific cooperative measures agreed. and between the North Atlantic Treaty Organization and Russia.70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) REPORT REQUIRED. or planned. † S 1867 ES .

71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (D) A description of the status of efforts to conclude a bilateral Defense Technology Cooperation Agreement with Russia. but may include a classified annex. (4) APPROPRIATE DEFINED.—In COMMITTEES OF CONGRESS this subsection. (E) A description of the status of any National Disclosure Policy Review relative to the possible sharing of classified information with Russia concerning missile defense cooperation. and Appropriations of the Senate. Foreign Relations. † S 1867 ES . Foreign Affairs. (F) A discussion of the actions that are being taken or are planned to be taken to safeguard United States classified information in any agreement or discussions with Russia concerning missile defense cooperation. and Appropriations of the House of Representatives. (3) FORM OF REPORT. and (B) the Committees on Armed Services. the term ‘‘appro- priate committees of Congress’’ means— (A) the Committees on Armed Services.—The report required by paragraph (1) shall be submitted in unclassified form.

S. 14 15 16 17 18 19 Subtitle D—Reports SEC. 120 Stat. † S 1867 ES . the Secretary 5 of Defense shall submit to the congressional defense com6 mittees a report setting forth the findings and conclusions 7 of the homeland missile defense hedging strategy review. 2358 note) is amend22 ed by striking ‘‘2012’’ and inserting ‘‘2020’’. 10 U. 11 (b) FORM.—The report required by subsection (a) 12 shall be submitted in unclassified form. (a) REPORT REQUIRED. Section 218(e)(3) of the John Warner National De- 20 fense Authorization Act for Fiscal Year 2007 (Public Law 21 109–364. but may include 13 a classified annex. 2126. REPORT ON THE UNITED STATES MISSILE DEFENSE HEDGING STRATEGY. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP AND ANNUAL REVIEW AND CERTIFICATION ON FUNDING FOR DEVELOP- MENT OF HYPERSONICS. 251. 234.72 1 2 3 SEC.—Not later than 180 days 4 after the date of the enactment of this Act. 8 including a discussion of the feasibility and advisability of 9 establishing a missile defense site on the East Coast of 10 the United States.C.

and (2) by inserting after subsection (a) the following new subsection (b): ‘‘(b) COST-SHARING. (d). or 18 (2) for the design and incorporation of exportability fea19 tures into the system shall include a cost-sharing provision 20 that requires the contractor to bear at least one half of 21 the cost of such activities.’’. (a) ACQUISITION. 262. 22 23 24 SEC. LABORATORY FACILITIES.C.S. NEW HAMPSHIRE. 10 U. respectively. 4178. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO INCLUDE TECHNOLOGY PROTECTION FEATURES DURING RESEARCH AND DEVELOPMENT OF CERTAIN DEFENSE SYSTEMS. (c). 261. Section 243 of the Ike Skelton National Defense Au- 7 thorization Act for Fiscal Year 2011 (Public Law 111– 8 383.— † S 1867 ES .—Any contract for the design or 14 development of a system resulting from activities under 15 subsection (a) for the purpose of enhancing or enabling 16 the exportability of the system either (1) for the develop17 ment of program protection strategies for the system. 124 Stat. and (e). and (d) as subsections (c). 2358 note) is amended— 9 10 11 12 13 (1) by redesignating subsections (b). HANOVER.73 1 2 3 4 5 6 Subtitle E—Other Matters SEC.

identified as Tracts 101–1 and 101–2.74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) IN GENERAL. New Hampshire. and † S 1867 ES . 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. 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. (iii) to the south by Fletcher Circle graduate student housing owned by the Trustees of Dartmouth College. New Hampshire.5 acres.—The real property described in this paragraph is the real property to be acquired under paragraph (1)— (A) consisting of approximately 18. 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.—Subject to paragraph (3). (2) DESCRIPTION OF REAL PROPERTY. together with all necessary easements located entirely within the Town of Hanover.

and (2) shall ensure that the revolving fund is appropriately reimbursed from the benefitting appropriations. 1954 (33 U.75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (iv) to the west by approximately 9 acres of real property acquired in fee through condemnation in 1981 by the Secretary.—The Sec- retary shall pay not more than fair market value for any real property and associated real property interest acquired under this subsection. (3) AMOUNT PAID FOR PROPERTY.—The Secretary— (1) through the Plant Replacement and Improvement Program of the Secretary.S. (b) REVOLVING FUND.— (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— † S 1867 ES . (c) RIGHT OF FIRST REFUSAL.C. 576) to acquire the real property and associated real property interests described in subsection (a). may use amounts in the revolving fund established by section 101 of the Civil Functions Appropriations Act.

or any portion of the property.—The 16 purchase of any property by a seller exercising a right of 17 first refusal provided under subsection (c) shall be for— 18 19 20 21 22 23 and (2) not less than fair market value at the time at which the property becomes available for purchase. or any portion of the property. in the event the property.—The Secretary may dispose of any (1) consideration acceptable to the Secretary. 24 property or associated real property interests that are sub- † S 1867 ES . 81–360–L. (e) DISPOSAL. 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. (d) CONSIDERATION. FAIR MARKET VALUE.—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. in the event the property or portion is no longer needed by the Department of the Army. (2) NATURE OF RIGHT.76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (A) a right of first refusal to acquire the property.

Subtitle B—Energy and Environmental Provisions 311. OF ENERGY PERFORMANCE (a) MODIFICATION OF GOALS. United States Code. 3 4 (f) NO EFFECT MENTAL ON COMPLIANCE WITH ENVIRON- LAWS. including section 120(h) of the Com7 prehensive Environmental Response. Compensation.C.—Section 2911(e) of 25 title 10. is amended— † S 1867 ES .—Nothing in this section affects or limits 5 the application of or obligation to comply with any envi6 ronmental law. 301.77 1 ject to the exercise of the right of first refusal under this 2 section.S. OPERATION AND MAINTENANCE FUNDING. Funds are hereby authorized to be appropriated for 15 fiscal year 2012 for the use of the Armed Forces and other 16 activities and agencies of the Department of Defense for 17 expenses. 9620(h)). MODIFICATION GOALS. and 8 Liability Act of 1980 (42 U. not otherwise provided for. 20 21 22 23 24 SEC. as specified in the funding table in section 19 4301. 9 10 11 12 13 14 TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations SEC. for operation and 18 maintenance.

respectively. and (2) in paragraph (1)— (A) by redesignating subparagraphs (A) and (B) as subparagraphs (D) and (E).78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) in the subsection heading. ‘‘(C) to produce or procure not less than 20 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2021 through 2024 from renewable energy sources. (b) INCLUSION CIENT OF DIRECT SOLAR AS ENERGY EFFI- PRODUCT. as redesignated by subparagraph (A) of this paragraph. the following new subparagraphs: ‘‘(A) to produce or procure not less than 12 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2015 through 2017 from renewable energy sources.—Section 2915(e)(2)(A) of such title is † S 1867 ES . ‘‘(B) to produce or procure not less than 16 percent of the total quantity of facility energy it consumes within its facilities during each of fiscal years 2018 through 2020 from renewable energy sources. and (B) by inserting before subparagraph (D). by striking ‘‘GOAL’’ and inserting ‘‘GOALS’’.’’.

Annual report on defense environmental pro9 10 grams ‘‘(a) REPORT REQUIRED. a report on defense environ14 mental programs.79 1 amended by inserting ‘‘direct solar. and for each of the military departments. ‘‘(1) With respect to environmental restoration activities of the Department of Defense.’’ after ‘‘Roof-top solar 2 thermal.—The Secretary of Defense 11 shall submit to Congress each year. United 6 States Code. is amended by adding at the end the fol7 lowing new section: 8 ‘‘§ 2711. 3 4 5 SEC. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS. Each report shall include: 15 16 17 18 19 20 21 22 23 24 25 IRP. including the following: ‘‘(i) The total number of sites in the † S 1867 ES . 312. (a) IN GENERAL. ‘‘(ii) The number of sites in the IRP that have reached the Remedy in Place Stage and the Response Complete Stage. the following elements: ‘‘(A) Information on the Installation Restoration Program.’’.—Chapter 160 of title 10. not later than 45 days 12 after the date on which the President submits to Congress 13 the budget for a fiscal year.

‘‘(iv) The Secretary’s assessment of the overall progress of the IRP. ‘‘(iii) A statement of the amount of funds allocated by the Secretary for. and the change in such numbers in the preceding calendar year.80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the change in such numbers in the preceding calendar year. the environmental restoration program during the fiscal year for which the budget is submitted. and the anticipated progress in implementing. ‘‘(ii) The number of sites that have reached the Remedy in Place Stage and the Response Complete Stage. including the following: ‘‘(i) The total number of sites in the MMRP. the MMRP during the fiscal year for which the budget is submitted. † S 1867 ES . ‘‘(B) Information on the Military Munitions Restoration Program (MMRP). ‘‘(iii) A statement of the amount of funds allocated by the Secretary for. and the anticipated progress in implementing.

81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(iv) The Secretary’s assessment of the overall progress of the MMRP. during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted. ‘‘(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. and † S 1867 ES . ‘‘(3) With respect to the environmental technology program of the Department of Defense— ‘‘(A) a report on the progress made by 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 the fiscal year following the fiscal year for which the budget is submitted. or proposed to be expended. the fiscal year for which the budget is submitted. and ‘‘(B) an explanation for any significant change in such amounts during the period covered.

‘‘(b) DEFINITIONS. the fiscal year for which the budget is submitted. † S 1867 ES . Annual report on defense environmental programs. conservation. ‘‘(B) conservation activities. pollution prevention. and other activities relating to environmental quality as the Secretary may designate.—For purposes of this section— ‘‘(1) the term ‘environmental quality program’ means a program of activities relating to environmental compliance.’’.’’. and the fiscal year following the fiscal year for which the budget is submitted.—The table of sections 20 at the beginning of such chapter is amended by inserting 21 after the item relating to section 2710 the following new 22 item: ‘‘2711. (b) CLERICAL AMENDMENT. and ‘‘(2) the term ‘major activities’ with respect to an environmental program means— ‘‘(A) environmental compliance activities. and ‘‘(C) pollution prevention activities. during the period consisting of the four fiscal years preceding the fiscal year in which the report is submitted.82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ‘‘(B) a statement of the amount expended. or proposed to be expended.

Washington. (a) AUTHORITY TO TRANSFER FUNDS.—The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 7. CERCLA–10–2005–0023). WASHINGTON. Washington. against the Jackson Park Housing Complex. Navy. (b) SOURCE OF FUNDS. special account. 2009. United States Code.000 to the Hazardous Substance Superfund Jackson Park Housing Complex. 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.— (1) TRANSFER AMOUNT.—Any payment under sub- 24 section (a) shall be made using funds authorized to be ap25 propriated by section 301 for operation and maintenance 26 for Environmental Restoration. the Secretary of the Navy may transfer not more than $45. † S 1867 ES . (2) PURPOSE OF TRANSFER.—Using funds de- scribed in subsection (b) and notwithstanding section 2215 of title 10. 313.83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SEC. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX.

84 1 (c) USE OF FUNDS. (a) LIMITATION ON USE OF FUNDS. and cer18 tifies the completion of all such studies in writing to the 19 Committees on Armed Services for the Senate and the 20 House of Representatives. NORTH CAROLINA.—The Sec- 25 retary of the Navy shall make every effort to resolve any † S 1867 ES . 314. 5 6 7 8 9 10 SEC. 2011. 24 (b) RESOLUTION OF CERTAIN DISPUTES. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY INVESTIGATION OF EXPOSURE TO DRINKING WATER CONTAMINATION AT CAMP LEJEUNE.—The amount transferred under 2 subsection (a) shall be used by the Environmental Protec3 tion Agency to pay the penalty described under paragraph 4 (2) of such subsection. This provision does not prevent 21 the use of funds for routine administrative tasks required 22 to maintain such claims nor does it prohibit the use of 23 funds for matters pending in Federal court.—None of the 11 funds authorized to be appropriated by this Act may be 12 used to make a final decision on or final adjudication of 13 any claim filed regarding water contamination at Marine 14 Corps Base Camp Lejeune unless the Agency for Toxic 15 Substances and Disease Registry completes all epidemio16 logical and water modeling studies relevant to such con17 tamination that are ongoing as of June 1.

the Secretary shall submit to the congres11 sional defense committees a report on the reasons why an 12 agreement has not yet been reached. (a) DISCHARGE RESTRICTIONS FOR SHIPS OF THE 25 ARMED FORCES. and other exposed pathways before releasing any21 thing to the public. 315. 15 16 (c) COORDINATION PRIOR TION TO THE TO RELEASING INFORMA- PUBLIC. In the 9 event the Secretary is unable to resolve such a dispute 10 within 60 days.85 1 dispute arising between the Department of the Navy and 2 the Agency for Toxic Substances and Disease Registry 3 that is covered by the Interagency Agreement between the 4 Department of Health and Human Services Agency for 5 Toxic Substances and Disease Registry and the Depart6 ment of the Navy or any successor memorandum of under7 standing and signed agreements not later than 60 days 8 after the date on which the dispute first arises. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF THE ARMED FORCES. the actions that the 13 Secretary plans to take to reach agreement.—Subsection (b) of section 3 of the Act † S 1867 ES . 22 23 24 SEC. and the sched14 ule for taking such actions.—The Secretary of the Navy shall 17 make every effort to coordinate with the Agency for Toxic 18 Substances and Disease Registry on all issues pertaining 19 to water contamination at Marine Corps Base Camp 20 Lejeune.

or by the Secretary of a military depart12 ment. and that.C. manning.S.86 1 to Prevent Pollution from Ships (33 U. or ‘‘(B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol. ‘‘(3)(A) Notwithstanding any provision of the 22 MARPOL Protocol. ‘‘(2) A ship described in this paragraph is a ship that 10 is owned or operated by the Secretary. the requirements of Annex V to the 23 Convention shall apply to all ships referred to in sub24 section (a) other than those described in paragraph (2). † S 1867 ES . as determined by the Secretary con13 cerned— 14 15 16 17 18 19 20 21 ‘‘(A) has unique military design. this Act 4 shall not apply to— 5 6 7 8 9 ‘‘(A) a ship of the Armed Forces described in paragraph (2). 1902(b)) is 2 amended to read as follows: 3 ‘‘(b)(1) Except as provided in paragraph (3). 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. with respect to the 11 Coast Guard. construction.

heavy metals. or the residues thereof. and incinerator ashes from plastic products that may contain toxic chemicals or heavy metals. ‘‘(II) Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as to ensure negative buoyancy.87 1 ‘‘(B) A ship that is described in paragraph (2) shall 2 limit the discharge into the sea of garbage as follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(i) The discharge into the sea of plastics. nonplastic garbage that has been compacted and weighted to ensure negative buoyancy. cardboard. ‘‘(IV) Ash from incinerators or other thermal destruction systems not containing toxic chemicals. including synthetic ropes. subject to subparagraph (C): ‘‘(I) A non-floating slurry of seawater. synthetic fishing nets. or incompletely burned plastics. paper. is prohibited. or food waste that is capable of passing through a screen with openings no larger than 12 millimeters in diameter. plastic garbage bags. ‘‘(ii) Garbage consisting of the following material may be discharged into the sea. ‘‘(III) With regard to a submersible. † S 1867 ES .

bottles. including paper products. the health of the ship’s personnel. and 4 (IV) of subparagraph (B)(ii) may not be discharged within 5 12 nautical miles of land. and ‘‘(ii) 25 nautical miles from the nearest land.88 1 ‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) 2 may not be discharged within 3 nautical miles of land. 22 or saving life at sea. a ship de- 7 scribed in paragraph (2) that is not equipped with gar8 bage-processing equipment sufficient to meet the require9 ments of subparagraph (B)(ii) may discharge garbage that 10 has not been processed in accordance with subparagraph 11 (B)(ii) if such discharge occurs as far as practicable from 12 the nearest land. in the case of all other garbage. ‘‘(E) This paragraph shall not apply when discharge 20 of any garbage is necessary for the purpose of securing 21 the safety of the ship. in the case of food wastes and non-floating garbage. metal.’’. and similar refuse. † S 1867 ES . 6 ‘‘(D) Notwithstanding subparagraph (C). (III). glass. 23 ‘‘(F) This paragraph shall not apply during time of 24 war or a national emergency declared by the President or 25 Congress. 3 ‘‘(ii) Garbage described in subclauses (II). but in any case not less than— 13 14 15 16 17 18 19 ‘‘(i) 12 nautical miles from the nearest land. cloth. crockery.

by inserting ‘‘and subsection (b)(3)(B)(i) of this section’’ after ‘‘Annex V to the Convention’’.—Section 3(f) of the 2 Act to Prevent Pollution from Ships (33 U. OF ENERGY PERFORMANCE Section 2911(c) of title 10. 316.89 1 (b) CONFORMING AMENDMENTS. SEC. INSTALLATION ENERGY METERING REQUIREMENTS. require that the information generated by † S 1867 ES . including through the ability to operate for extended periods off-grid.S. The Secretary of Defense shall.C. to the maximum ex- 25 tent practicable. CONSIDERATION OF ENERGY SECURITY AND RELIABILITY IN DEVELOPMENT AND IMPLEMENTATION GOALS. is 16 amended by adding at the end the following new para17 graph: 18 19 20 21 22 23 24 ‘‘(12) Opportunities to enhance energy security and reliability of defense facilities and missions. and (2) in paragraph (2).’’. 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)’’. SEC. United States Code. 317. 1902(f)) 3 is amended— 4 5 6 7 8 9 10 11 12 13 14 15 (1) in paragraph (1).

energy auditing. current renewable energy technology options. and (4) collaborate with the Department of Energy regarding energy manager training. contracting options. (2) improve consistency among energy managers throughout the Department in the performance of their responsibilities. and abilities of energy managers by ensuring understanding of existing energy laws. as well as across the Department of Defense. local renewable portfolio standards. skills. mandates. 4 5 6 SEC. and options to reduce energy consumption. TRAINING POLICY FOR DEPARTMENT OF DEFENSE ENERGY MANAGERS.—The 7 Secretary of Defense shall establish a training policy for 8 Department of Defense energy managers designated for 9 military installations in order to— 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) improve the knowledge. (3) create opportunities and forums for energy managers to exchange ideas and lessons learned within each military department. (a) ESTABLISHMENT OF TRAINING POLICY. regulations. 318. † S 1867 ES .90 1 the installation energy meters be captured and tracked to 2 determine baseline energy consumption and facilitate ef3 forts to reduce energy consumption.

Section 2476 of title 10.—Not later than 180 days 2 after the date of the enactment of this Act. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS. shall brief the Committees on Armed Services 9 of the Senate and House of Representatives regarding the 10 details of the energy manager policy. 5 (c) BRIEFING REQUIREMENT. is 16 amended— 17 18 19 20 21 22 23 24 25 (1) in subsection (a). the Secretary 3 of Defense shall issue the training policy for Department 4 of Defense energy managers. the Secretary of a military department shall invest’’ and inserting ‘‘Each fiscal year. (2) in subsection (b)— (A) by striking ‘‘includes investment funds spent on depot infrastructure. United States Code. 321. by striking ‘‘Each fiscal year. and process improvement in direct support’’ and in- † S 1867 ES . it shall be the objective of the Secretary of a military department to invest’’. or designated representatives of the 8 Secretary.91 1 (b) ISSUANCE OF POLICY. 11 12 13 14 15 Subtitle C—Workplace and Depot Issues SEC. equipment. the Sec7 retary of Defense.—Not later than 180 6 days after the date of the enactment of this Act.

by adding at the end the following new subparagraphs: ‘‘(I) Crane Ammunition Activity. ‘‘(K) Radford Ammunition Plant. ‘‘(J) McAlester Ammunition Plant. infrastructure.’’. Virginia. work environment. Missouri. and (4) in subsection (e)(1). and (C) by striking paragraph (2). (B) by striking ‘‘summarizing the level of capital investment for each military department’’ and inserting ‘‘summarizing the level of capital investment in the military departments’’. and (B) by adding at the end the following: ‘‘It does not include funds spent for any other repair or activity to maintain or sustain existing facilities.92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 serting ‘‘includes investment funds spent to modernize or improve the efficiency of depot facilities. Oklahoma. (3) in subsection (d)— (A) by striking ‘‘(1) Not later than’’ and inserting ‘‘Not later than’’. ‘‘(L) Lake City Ammunition Plant. or equipment. equipment. Indiana. † S 1867 ES . or processes in direct support’’.

both in the private sector industry and in the depots.—The Secretary of Defense or any 12 of the Secretaries of the military departments may not 13 issue guidance.’’. policy. Iowa. (a) LIMITATION. † S 1867 ES . Tennessee.93 1 2 3 4 5 6 7 8 9 10 11 ‘‘(M) Holsten Ammunition Plant. regulations. ‘‘(O) Iowa Ammunition Plant. ‘‘(Q) Joint System Manufacturing Center. ‘‘(P) Milan Ammunition Plant. Pennsylvania. 18 (b) REPORT. taking into consider22 ation— 23 24 (1) the total industrial capacity. 322. Tennessee. SEC.—The report referred to in subsection 19 (a) is a report prepared by the Defense Business Board 20 regarding the advisability of establishing a single defini21 tion of depot-level maintenance. Lima Ohio. or revisions to any De14 partment of Defense or service instructions containing a 15 revision to the definition of depot-level maintenance unless 16 the Secretary submits to the congressional defense com17 mittees the report described in subsection (b). LIMITATION ON REVISING THE DEFINITION OF DEPOT-LEVEL MAINTENANCE. ‘‘(N) Scranton Ammunition Plant.

SEC. Retrograde and Reset Program for the equipment † S 1867 ES . 324.94 1 2 3 4 5 6 7 8 9 10 11 12 (2) the importance of establishing requirements and allocating workload on the basis of sound business case analyses. 16 17 SEC. United States Code. 13 is amended by inserting ‘‘and may designate any military 14 industrial facility’’ after ‘‘shall designate each depot-level 15 activity’’. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE. REPORTS ON DEPOT-RELATED ACTIVITIES.—Not later than 90 days after the date of the enactment of this Act.— CERTAIN PARTS AND EQUIP- (1) IN GENERAL. and (3) establishing transparency and accountability in the development of the core workload requirements and in the allocation of workload under the requirements in section 2466 of title 10. the Secretary of Defense in consultation with the military departments. United States Code. Section 2474(a)(1) of title 10. 323. shall submit to the congressional defense committees a report on the status of the Drawdown. (a) REPORT ON DEPOT-LEVEL MAINTENANCE OF AND 18 RECAPITALIZATION 19 20 21 22 23 24 25 MENT.

95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 used in support of operations in Iraq and Afghanistan and the status of the overall supply chain management for depot-level activities. (C) An assessment of the feasibility and advisability of working with outside commercial partners to utilize flexible and efficient turn-key rapid production systems to meet rapidly emerging warfighter requirements.—The report required under paragraph (1) shall include the following elements: (A) An assessment of the number of backlogged parts for critical warfighter needs. 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 Director plans to take to meet the demand requirements of the military departments. (2) ELEMENTS. † S 1867 ES . an explanation of why those parts became backlogged. (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.

96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) FLEXIBLE AND EFFICIENT TURN-KEY RAPID PRODUCTION SYSTEMS DEFINED.—For the purposes of this subsection.—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. † S 1867 ES . and have the following unique features: (A) VIRTUAL AND FLEXIBLE. flexible and efficient turn-key rapid production systems are systems that have demonstrated the capability to reduce the costs of parts.—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. improve manufacturing efficiency. (C) RISK MANAGEMENT. (B) SPEED TO MARKET.—Systems that provide for flexibility that allows rapid introduction of subassemblies for new parts and weapons systems to the warfighter.

and product support managers at Air Logistics Centers or Air Logistics Complexes. not later than 180 days after the date of the enactment of this Act. ORGANIZATIONAL OF 2 REPORTING. (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 † S 1867 ES . PERFORMANCE RATING AIR FORCE 3 SYSTEM PROGRAM MANAGERS.97 1 (b) REPORT AND ON THE ALIGNMENT. 2011. a report on the alignment.—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. AND PRODUCT SUPPORT MANAGERS OR AT AIR 5 LOGISTICS CENTERS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) REPORT AIR LOGISTICS COMPLEXES.— Secretary of the REQUIRED. (2) ELEMENTS. organizational reporting. and performance rating of Air Force system program managers. sustainment program managers.—The Air Force shall enter into an agreement with a federally funded research and development center to submit to the congressional defense committees. SUSTAINMENT PROGRAM 4 MANAGERS.

98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 management. to support the full spectrum of † S 1867 ES . (3) COOPERATION FORCE. Subtitle D—Reports SEC. (a) STUDY. 331. weapon system sustainment.— (1) IN GENERAL. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE. with any analysis of cost and savings factors subject to the consideration of overall readiness. (C) With respect to the alignment of the managers described in subsection (A). (D) Recommended alternatives for meeting these objectives.—The OF SECRETARY OF AIR Secretary of the Air Force shall pro- vide any necessary information and background materials necessary for completion of the report required under paragraph (1).—The Secretary of the Air Force shall conduct a study on the ability of the major air test and training range infrastructure. an examination of how the Air Force should be organized to best conduct life cycle management and weapon system sustainment. and overall support to the warfighter. including major military operating area airspace and special use airspace.

the Department of Agriculture. and to assess the requirements needed to support combined arms training on the ranges. The study and the master plan shall be known as the ‘‘2025 Air Test and Training Range Enhancement Plan’’. the Federal Energy Regulation Commission. The Secretary shall also consult with the Department of the Interior. consult with the Secretaries of the other military departments to determine opportunities for joint use and training of the ranges. the Federal Aviation Administration. (2) CONSULTATION.—The Secretary of the Air Force shall.—The Secretary of the Air Force may proceed with all ongoing and scheduled † S 1867 ES . in conducting the study required under paragraph (1). (3) CONTINUATION OF RANGE INFRASTRUC- TURE IMPROVEMENTS. 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.99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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.

(C) identify potential issues and threats related to the sustainability of the test and training infrastructure. overall bandwidth availability. and current operating environment of such infrastructure. (2) CONTENT. after the date of the enactment of this Act. security.— (1) IN GENERAL. and protection of classified information. respectively. (B) identify potential areas of concern for maintaining the physical safety. (b) REPORTS. † S 1867 ES .—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. including electromagnetic spectrum encroachment.100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 range infrastructure improvements while conducting the study required under paragraph (1).—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.

(H) prioritize improvements and modernization of the facilities. serve military interests while also preserving recreational access to public and private lands. (G) identify which parcels identified pursuant to subparagraph (F) could.101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D) assess coordination among ranges and local. protecting wildlife habitat. state. and Federal entities involved in land use planning. or preserving opportunities for energy development and energy transmission. (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. equipment. and range boundaries. regional. through the acquisition of conservation easements. and tech- † S 1867 ES . (E) propose remedies and actions to manage economic development on private lands on or surrounding the test and training infrastructure to preserve current capabilities. access and egress corridors. or to expand the capability of the air test and training ranges. and develop recommendations on how to improve communication and coordination of such entities.

102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nology 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. (L) propose a list of prioritized projects. and (M) explore opportunities to increase foreign military training with United States allies at test and training ranges in the continental United States. easements. acquisitions. including the F–22. including estimated costs required to upgrade the test and training range infrastructure. (K) identify parcels with no value to future military operations. and Remotely Piloted Aircraft. † S 1867 ES . taking into consideration the criteria set forth in this paragraph. space and cyber systems. the F–35. (I) incorporate emerging requirements generated by requirements for virtual training and new weapon systems. or other actions. (J) assess the value of State and local legislative initiatives to protect Air Force test and training range infrastructure.

—The Commander shall. (2) CONSULTATION. and the Joint Staff on— (A) procedures and priorities for joint use and training on ranges operated by the military † S 1867 ES . SEC. 852).—Each report required under this subsection shall be submitted in unclassified form. the Office of the Secretary of Defense.— (1) IN GENERAL. (4) RULE OF CONSTRUCTION. 332.—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. in conducting the study required under paragraph (1). STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL OPERATIONS FORCES. (a) STUDY. to support the full spectrum of missions and operations assigned to special operations forces. 113 Stat. consult with the Secretaries of the military departments.—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 106–65.103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) FORM. but may include a classified annex as necessary. including military operating area airspace and special use airspace.

(C) identify issues and challenges related to the availability and sustainability of the existing training ranges used by special operations † S 1867 ES .104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 services. and (B) requirements and proposed investments to meet special operations training requirements through 2025. (B) identify potential areas of concern for maintaining the physical safety.—Not later than one year after the date of the enactment of this Act. security. all existing training ranges in the United States used by special operations forces. and access to.—The study submitted under paragraph (1) shall— (A) assess the current condition and adequacy of. the Commander shall submit to the congressional defense committees a report on the plan to meet the requirements under subsection (a).— (1) IN GENERAL. (2) CONTENT. (b) REPORTS. and current operating environment of ranges used by special operations forces. and to assess the requirements needed to support combined arms training on the ranges.

including support of a full spectrum of operations and protection of classified missions and tactics. and Federal entities involved in land use planning and the protection of ranges from encroachment. and (G) propose a list of prioritized projects. (D) assess coordination among ranges and local. (E) propose remedies and actions to ensure consistent and prioritized access to existing ranges.—Each report required under this subsection shall be submitted in unclassified form. (3) FORM. (F) prioritize improvements and modernization of the facilities. including estimated costs required to upgrade training range infrastructure. easements. or other actions. acquisitions. regional. State. † S 1867 ES . and technology supporting the ranges in order to adequately simulate the full spectrum of threats and contingencies for special operations forces.105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 forces. but may include a classified annex as necessary. equipment.

the Secretary of Defense shall conduct 7 a survey of the quantity and condition of each class of 8 non-tactical wheeled vehicles and base-level commercial 9 equipment in the fleets of the military departments and 10 report to the congressional defense committees on the ad11 visability of establishing service life extension programs 12 for such classes of vehicles. 20 is amended— 21 22 23 24 25 (1) by striking ‘‘10 days after the date on which the budget for a fiscal year is submitted pursuant to section 1105 of title 31’’ and inserting ‘‘March 31 each year. 4320). and † S 1867 ES . Not later than 270 days after the date of the enact- 6 ment of this Act. 17 as transferred and redesignated by section 901(b)(7) of 18 the Ike Skelton National Defense Authorization Act for 19 Fiscal Year 2011 (Public Law 111–383. 333. MODIFIED DEADLINE FOR ANNUAL REPORT ON BUDGET SHORTFALLS FOR IMPLEMENTA- TION OF OPERATIONAL ENERGY STRATEGY. 124 Stat. 2012’’. 334. United States Code. 13 14 15 16 SEC.106 1 2 3 4 5 SEC. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE AND EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS TO ACHIEVE COST SAVINGS. beginning March 31. Section 138c(e)(4) of title 10.

by striking ‘‘September 30. 2014’’ and inserting ‘‘September 30. 341. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENTER INTO COOPERATIVE AGREEMENTS WITH NON-ARMY ENTITIES. † S 1867 ES .—Section 4544 of 10 title 10. (a) EXTENSION OF AUTHORITY. 2025’’. by striking ‘‘enter into not more than eight contracts or cooperative agreements’’ and all that follows through the period at the end and inserting ‘‘enter into not more than 15 contracts or cooperative agreements in any fiscal year. The Commander may ap25 prove’’.’’. United States Code.—Subsection (f) of such 20 section is amended by striking ‘‘exercised at the level of 21 the commander of the major subordinate command’’ and 22 all that follows through ‘‘The commander may approve’’ 23 and inserting ‘‘exercised at the level of the Commander 24 of Army Materiel Command. and (2) in subsection (k). (b) APPROVAL AUTHORITY.107 1 2 3 4 5 6 7 8 9 (2) by striking ‘‘for that fiscal year’’ and inserting ‘‘for the fiscal year beginning in that calendar year’’. is amended— 11 12 13 14 15 16 17 18 19 (1) in subsection (a). Subtitle E—Other Matters SEC.

—Small arms ammunition and small † S 1867 ES . United States Code. 2576 note) is amended 19 to read as follows: 20 21 22 23 24 25 ‘‘SEC.C. 343. AND FIRED CARTRIDGE CASES. 4191. 342.S.’’. ‘‘(a) COMMERCIAL SALE TION. 124 Stat. rate setting. Section 346 of the Ike Skelton National Defense Au- 17 thorization Act for Fiscal Year 2011 (Public Law 111– 18 383. 12 13 14 15 16 SEC. OF SMALL ARMS AMMUNIAND SMALL AMMUNITION COMPONENTS. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS. and financial ac8 counting purposes. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF MILITARY REQUIREMENTS. WORKING-CAPITAL FUND ACCOUNTING. AND FIRED CARTRIDGE CASES. Section 2208(k) of title 10. is 3 amended by adding at the end the following new para4 graph: 5 ‘‘(3) All capital assets financed by a working-capital 6 fund and subject to paragraph (2) shall be capitalized and 7 depreciated for budgeting. 10 U. 346. FIRED 26 CARTRIDGE CASES.108 1 2 SEC. Procurements not subject to paragraph 9 (2) shall be immediately expensed and shall not be capital10 ized or depreciated in financial accounting records or re11 ported on financial statements as an asset.

6 destroyed. unless in excess of commercial 7 demands or certified by the Secretary of Defense as un8 serviceable or unsafe. and intact fired small arms cartridge cases 3 shall be made available for commercial sale. ammunition components. the Secretary shall submit to the 18 congressional defense committees a letter of compliance 19 providing notice of such guidance. 12 ‘‘(b) DEADLINE FOR GUIDANCE. the Sec15 retary of Defense shall issue guidance to ensure compli16 ance with subsection (a). Such small 4 arms ammunition. or fired cartridge 10 cases stored or expended outside the continental United 11 States (OCONUS). to † S 1867 ES .109 1 ammunition components which are in excess of military 2 requirements.—No small arms ammunition or 21 small arms ammunition components in excess of military 22 requirements. 5 and intact fired cartridge cases shall not be demilitarized. This provision shall not apply to am9 munition. 20 ‘‘(c) PREFERENCE. as authorized by law.—Not later than 90 13 days after the date of the enactment of the National De14 fense Authorization Act for Fiscal Year 2012. or fired small arms cartridge cases may be 23 made available for commercial sale under this section be24 fore such ammunition and ammunition components are of25 fered for transfer or purchase. Not later than 15 days after 17 issuing such guidance. small arms ammunition components. or disposed of.

as amended by this 5 Act.—The term ‘fired cartridge cases’ means expended small arms cartridge cases (ESACC). 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(e) DEFINITIONS. ‘‘(2) SMALL ARMS AMMUNITION COMPO- NENTS. ‘‘(3) FIRED CARTRIDGE CASES. and fired small 8 arms cartridge cases made available for commercial sale 9 under this section shall be subject to all explosives safety 10 and trade security controls in effect at the time of sale.—The term ‘small arms ammunition compo- nents’ means components. homeland security. and attachments associated with small arms ammunition.’’. 3 and emergency management agencies pursuant to section 4 2576 of title 10. † S 1867 ES .110 1 another Federal department or agency or for sale to State 2 and local law enforcement.—All small arms ammunition 7 and small arms ammunition components.—The term ‘small arms ammunition’ means ammunition or ordnance for firearms up to and including . accessories.—In this section: ‘‘(1) SMALL ARMS AMMUNITION. United States Code. firefighting. parts. 6 ‘‘(d) SALES CONTROLS.50 caliber and for shotguns.

15 16 17 SEC. 10 U. (a) POLICY. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS TO STUDY OPTIONS FOR MITIGATING ADVERSE EFFECTS OF PROPOSED OBSTRUCTIONS ON MILITARY INSTALLATIONS. 24 (b) INSTALLATION PLANS.—Not later than 180 days after the date 18 of the enactment of this Act. or electric energy 23 to a military installation in the United States. 344.C.111 1 2 3 4 5 SEC. subject to 26 such exceptions as the Secretary may determine to be ap† S 1867 ES . the Secretary of Defense 19 shall develop guidance for commanders of military instal20 lations inside the United States on planning measures to 21 minimize the effects in the event of a disruption of services 22 by a utility that sells natural gas. 44718 note) is amended 8 by amending the second sentence to read as follows: 9 ‘‘Amounts so accepted shall be and will remain available 10 until expended for the purpose of offsetting the cost of 11 measures undertaken by the Secretary of Defense to miti12 gate adverse impacts of such project on military oper13 ations and readiness and the cost of studying options for 14 mitigating such adverse impacts. water. Section 358(g) of the Ike Skelton National Defense 6 Authorization Act for Fiscal Year 2011 (Public Law 111– 7 383. 4201.S. UTILITY DISRUPTIONS TO MILITARY INSTALLATIONS.’’.—The guidance developed 25 pursuant to subsection (a) shall require that. 124 Stat. 345.

Space-available travel on department of de21 22 23 fense aircraft: eligibility ‘‘(a) AUTHORITY TO ESTABLISH BENEFIT PROGRAM. and any additional measures that may be needed to 11 minimize the effects of an unplanned disruption of services 12 by utilities as described in subsection (a). 4 (c) COMPTROLLER GENERAL REPORT. is amended by inserting after section 2641b 19 the following new section: 20 ‘‘§ 2641c. AND DEPENDENTS FOR SPACE-AVAILABLE TRAVEL ON MILITARY AIRCRAFT. the plans developed pursuant to subsection 10 (b). GRAY AREA RETIREES. 13 14 15 16 17 SEC. RETIREES.—The Secretary of Defense may establish a pro- 24 gram to provide transportation on Department of Defense † S 1867 ES .—Chapter 157 of title 10.112 1 propriate. 6 the Comptroller General of the United States shall review 7 the actions taken pursuant to this section and submit to 8 Congress a report on the guidance developed pursuant to 9 subsection (a). commanders of military installations inside the 2 United States develop appropriate action plans to mini3 mize the effects of events described in subsection (a). United 18 States Code.—Not later 5 than 2 years after the date of the enactment of this Act. (a) IN GENERAL. 346. ELIGIBILITY OF ACTIVE AND RESERVE MEMBERS.

‘‘(2) A retired member of an active or reserve component. would be eligible for retired pay under chapter 1223 of this title. ‘‘(3) An unremarried widow or widower of an active or reserve component member of the armed forces. pro5 vide the benefit equally to the following individuals: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) Active duty members and members of the Selected Reserve holding a valid Uniformed Services Identification and Privilege Card. including retired members of reserve components. or ‘‘(ii) is the child of a deceased member entitled to retired pay holding a valid Uniformed Services Identification and Privilege Card and a surviving unremarried spouse.—If the Secretary establishes such a 4 program. subject to section (c). the Secretary shall. 3 ‘‘(b) BENEFIT. ‘‘(4) A dependent that— ‘‘(A)(i) is the child of an active or reserve component member or former member described in paragraph (1) or (2). and † S 1867 ES . but for being under the eligibility age applicable to the member under section 12731 of this title. who.113 1 aircraft on a space-available basis. The program shall be 2 conducted in a budget neutral manner.

114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ‘‘(B) is accompanying the member or.’’. ‘‘(c) DISCRETION TO ESTABLISH PRIORITY 18 ORDER. in establishing a program under 19 this section. is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member.—The Secretary. if the dependent is accompanying the member or. Space-available travel on Department of Defense aircraft: eligibility.’’. may establish an order of priority that is 20 based on considerations of military needs and military 21 readiness. ‘‘(5) The surviving dependent of a deceased member or former member described in paragraph (2) holding a valid Uniformed Services Identification and Privilege Card. is the surviving unremarried spouse of the deceased member or is a dependent accompanying the surviving unremarried spouse of the deceased member. ‘‘(6) Other such individuals as determined by the Secretary in the Secretary’s discretion.—The table of sections 23 at the beginning of such chapter is amended by inserting 24 after the item relating to section 2641b the following new 25 item: ‘‘2641c. in the case of a deceased member. 22 (b) CLERICAL AMENDMENT. † S 1867 ES . in the case of a deceased member.

—The Comptroller General of the United States shall conduct a review of the Department of Defense system for space-available travel. (D) An evaluation of the cost of the system and whether space-available travel is and can remain cost-neutral.— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) IN GENERAL. waiting times. including congestion at terminals. and personal hardships currently experienced by travelers. (2) ELEMENTS.—The review required under paragraph (1) shall include the following elements: (A) A discussion of the efficiency of the system and data regarding usage of available space by category of passengers under existing regulations. 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. lodging availability. (B) Estimates of the effect on availability based on future projections.115 1 (c) REQUIREMENT FOR COMPTROLLER GENERAL 2 REVIEW. (C) A discussion of the logistical and managements problems. † S 1867 ES .

2012. † S 1867 ES . 205.700. as follows: 18 19 20 21 22 23 24 25 (1) The Army National Guard of the United States. The Armed Forces are authorized strengths for active 8 duty personnel as of September 30. END STRENGTHS FOR ACTIVE FORCES. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces SEC. 562. (5) The Air National Guard of the United States.100. (4) The Marine Corps Reserve. as follows: 9 10 11 12 13 14 15 (1) The Army.000. (a) IN GENERAL.—The Armed Forces are authorized 16 strengths for Selected Reserve personnel of the reserve 17 components as of September 30.116 1 2 3 4 5 6 7 (E) Other factors relating to the efficiency and cost effectiveness of space available travel.400. 411.800.600. 401.700. 2012. END STRENGTHS FOR SELECTED RESERVE. 358.200. 66. (6) The Air Force Reserve. (3) The Marine Corps. 71. 202.000.200. 106. 332. 325. (3) The Navy Reserve. Subtitle B—Reserve Forces SEC. (2) The Navy. (2) The Army Reserve. (4) The Air Force. 39.

—The end 3 strengths prescribed by subsection (a) for the Selected Re4 serve of any reserve component shall be proportionately 5 reduced by— 6 7 8 9 10 11 12 13 14 15 16 (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. (c) END STRENGTH INCREASES. 10. END STRENGTH REDUCTIONS. † S 1867 ES .000. 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.—Whenever units or 17 individual members of the Selected Reserve of any reserve 18 component are released from active duty during any fiscal 19 year. the end strength prescribed for such fiscal year for 20 the Selected Reserve of such reserve component shall be 21 increased proportionately by the total authorized strengths 22 of such units and by the total number of such individual 23 members.117 1 2 (b) (7) The Coast Guard Reserve.

(4) The Marine Corps Reserve. as of September 30. The minimum number of military technicians (dual 21 status) as of the last day of fiscal year 2012 for the re22 serve components of the Army and the Air Force (notwith23 standing section 129 of title 10. re9 cruiting. SEC. 16. instructing. or training the reserve components: 10 11 12 13 14 15 16 17 18 19 20 (1) The Army National Guard of the United States.060. United States Code) shall 24 be the following: 25 (1) For the Army Reserve. † S 1867 ES . for the purpose of organizing. (6) The Air Force Reserve. (3) The Navy Reserve. the following num6 ber of Reserves to be serving on full-time active duty or 7 full-time duty. 10. 412.261.261. 2012.584. 2. in the case of members of the National 8 Guard. 2. 32. (5) The Air National Guard of the United States. 8.992.118 1 2 3 SEC.688. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).395. Within the end strengths prescribed in section 4 411(a). the reserve components of the Armed Forces are 5 authorized. administering. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. (2) The Army Reserve. 14.

119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) For the Army National Guard of the United States. may not exceed 90. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS. 10.—The number of non- dual status technicians employed by the Air Force Reserve as of September 30. may not exceed 595. SEC.600.— (1) NATIONAL GUARD. † S 1867 ES . 414. United States Code. 27. 1.210. 2012. (2) ARMY RESERVE. 350.394. (3) For the Air Force Reserve. (4) For the Air National Guard of the United States.720. the number of non-dual status technicians employed by the National Guard as of September 30. 22. 2012. (a) LIMITATIONS.—The number of non-dual status technicians employed by the Army Reserve as of September 30. (3) AIR FORCE RESERVE. (B) For the Air National Guard of the United States. 2012. may not exceed the following: (A) For the Army National Guard of the United States.—Within the limitation provided in section 10217(c)(2) of title 10.

5 6 7 8 SEC.120 1 (b) NON-DUAL STATUS TECHNICIANS DEFINED. 16. 4 United States Code.000.000. † S 1867 ES . 14. (4) The Marine Corps Reserve. (2) The Army Reserve.200. is the following: 13 14 15 16 17 18 19 20 (1) The Army National Guard of the United States. the term ‘‘non-dual status technician’’ has the 3 meaning given that term in section 10217(a) of title 10. (5) The Air National Guard of the United States. 13. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 17. (3) The Navy Reserve. United 12 States Code. 3. 6.000. During fiscal year 2012. (6) The Air Force Reserve.000. the maximum number of 9 members of the reserve components of the Armed Forces 10 who may be serving at any time on full-time operational 11 support duty under section 115(b) of title 10.000.—In 2 this section. 415.

.......................... is 18 amended by striking those parts of the table pertaining 19 to the Marine Corps and inserting the following: ‘‘Marine Corps: .......768 1.. 11 12 13 14 15 16 17 TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Generally SEC......024 5................076 2.. 15.121 1 2 3 4 Subtitle C—Authorization of Appropriations SEC....802 3.....247 3..500 ..................................... 10...... † S 1867 ES ... Section 523(a)(1) of title 10...000......000 ........... United States Code...................383 2........ 7 (b) CONSTRUCTION OF AUTHORIZATION..... 12..........691 4...537 633 658 684 710 736 762 787’’....579 5...........000 .468 1.....—The au- 8 thorization of appropriations in subsection (a) supersedes 9 any other authorization of appropriations (definite or in10 definite) for such purpose for fiscal year 2012..000 ..................... 2... 20.. MILITARY PERSONNEL......347....230 2.............922 2.. 17.......—There is 5 hereby authorized to be appropriated for military per6 sonnel for fiscal year 2012 a total of $142...500 ..... 25........615 1.....135 4............500 .. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS OFFICERS ON ACTIVE DUTY.... 22....................... (a) AUTHORIZATION OF APPROPRIATIONS.000 ................ 421...648.... 501.......

122 1 2 SEC.—Chapter 36 of title 10. on the approved date of retirement.—The Secretary of Defense may au8 thorize the Secretary of a military department to provide 9 a voluntary retirement incentive payment in accordance 10 with this section to an officer of the armed forces under 11 that Secretary’s jurisdiction who is specified in subsection 12 (b) as being eligible for such a payment. United 3 States Code. but not more than 29 years. ‘‘(B) meets the minimum length of commissioned service requirement for voluntary retirement as a commissioned officer in accordance with section † S 1867 ES . an officer of the armed forces is eligible 18 for a voluntary retirement incentive payment under this 19 section if the officer— 20 21 22 23 24 25 ‘‘(A) has served on active duty for more than 20 years. VOLUNTARY RETIREMENT INCENTIVE. 2018. but not later than December 31. Any such author13 ity provided the Secretary of a military department under 14 the preceding sentence shall expire as specified by the Sec15 retary of Defense. 502.—(1) Except as provided 17 in paragraph (2). is amended by inserting after section 638a 4 the following new section: 5 ‘‘§ 638b. Voluntary retirement incentive 6 ‘‘(a) INCENTIVE FOR VOLUNTARY RETIREMENT FOR 7 CERTAIN OFFICERS. 16 ‘‘(b) ELIGIBLE OFFICERS. (a) IN GENERAL.

or 8911 of this title. † S 1867 ES . including any requirement relating to years of service. skill rating. military specialty or competitive category. and ‘‘(E) meets any additional requirements for such eligibility as is specified by the Secretary concerned. has 12 months or more remaining on active-duty service before reaching the maximum retirement age under any other provision of law. ‘‘(C) on the approved date of retirement.123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3911. ‘‘(D) on the approved date of retirement. as applicable to that officer. ‘‘(B) An officer projected to be retired under section 1201 or 1204 of this title. 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. any remaining period of obligated service. grade. or any combination thereof. 6323. ‘‘(2) The following officers are not eligible for a vol- 19 untary retirement incentive payment under this section: 20 21 22 23 ‘‘(A) An officer being evaluated for disability under chapter 61 of this title.

20 a member of the armed forces who. ‘‘(c) AMOUNT OF PAYMENT.—(1) Except as provided in paragraph (2). ‘‘(E) An officer subject to pending disciplinary action or subject to administrative separation or mandatory discharge under any other provision of law or regulation.—The amount of the vol- 12 untary retirement incentive payment paid an officer under 13 this section shall be an amount determined by the Sec14 retary concerned.124 1 2 3 4 5 6 7 8 9 10 11 ‘‘(C) An officer projected to be discharged with disability severance pay under section 1212 of this title. 18 ‘‘(d) REPAYMENT FOR MEMBERS WHO RETURN TO 19 ACTIVE DUTY. returns to active duty shall have deducted from 23 each payment of basic pay. after having received 21 all or part of a voluntary retirement incentive under this 22 section. ‘‘(D) A member transferred to the temporary disability retired list under section 1202 or 1205 of this title. until † S 1867 ES . The amount may 17 be paid in a lump sum at the time of retirement. in such schedule of monthly 24 installments as the Secretary concerned shall specify. but not to exceed an amount equal to 15 12 times the amount of the officer’s monthly basic pay 16 at the time of the officer’s retirement.

’’. in whole 7 or in part. The authority in this para11 graph may be delegated only to the Under Secretary of 12 Defense for Personnel and Readiness and the Principal 13 Deputy Under Secretary of Defense of Personnel and 14 Readiness.—Subsection 23 (b) of section 663 of title 10. repayment required under paragraph (1) if the 8 Secretary determines that recovery would be against eq9 uity and good conscience or would be contrary to the best 10 interest of the United States. United States Code. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER. 19 20 21 22 SEC.’’. Voluntary retirement incentive.125 1 the total amount deducted from such basic pay equals the 2 total amount of voluntary retirement incentive received. is 24 amended— † S 1867 ES . 503. 6 ‘‘(3) The Secretary of Defense may waive. (a) WAIVER AUTHORITY IGNATED AS FOR OFFICERS NOT DES- JOINT QUALIFIED OFFICERS. 3 ‘‘(2) Members who are involuntarily recalled to active 4 duty or full-time National Guard duty under any provision 5 of law shall not be subject to this subsection. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of subchapter IV of chapter 36 of such 17 title is amended by inserting after the item relating to sec18 tion 638a the following new item: ‘‘638b.

’’. † S 1867 ES . 19 ‘‘(2) Subsection (b) does not apply with respect to 20 any group of officers graduating from a school within the 21 National Defense University specified in subsection (c) fol22 lowing pursuit of a program on an other-than-in-residence 23 basis.—Such section is further amended by 12 adding at the end the following new subsection: 13 ‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM 14 OTHER-THAN-IN-RESIDENCE PROGRAMS. (b) EXCEPTION. by inserting after ‘‘to a joint duty assignment’’ the following: ‘‘(or.—(1) Subsection 15 (a) does not apply to an officer graduating from a school 16 within the National Defense University specified in sub17 section (c) following pursuit of a program on an other18 than-in-residence basis. 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’’.126 1 2 3 4 5 6 7 8 9 10 11 (1) in paragraph (1). as authorized by the Secretary in an individual case. and (B) by striking ‘‘a joint duty assignment’’ and inserting ‘‘such an assignment’’.

United States Code. Section 668(b)(1)(B) of title 10. 6 is amended by striking ‘‘assignments for joint’’ and all 7 that follows through ‘‘Phase II’’ and inserting ‘‘student 8 assignments for joint training and education’’. 511. is amended by inserting after section 12304 the following new section: 20 ‘‘§ 12304a. 9 10 11 12 13 14 15 16 17 18 19 Subtitle B—Reserve Component Management SEC.127 1 2 3 4 5 SEC. AUTHORITY FOR ORDER TO ACTIVE DUTY OF MEMBERS OF THE SELECTED RESERVE AND CERTAIN READY SIONS.—When the Secretary of a military 24 department determines that it is necessary to augment the 25 active forces for a preplanned mission. 26 subject to subsection (b). United States Code. Selected Reserve and certain Individual 21 22 23 Ready Reserve members: order to active duty for preplanned missions ‘‘(a) AUTHORITY. and any member † S 1867 ES .— (1) IN GENERAL. MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY ASSIGNMENT’’ TO INCLUDE ALL INSTRUCTOR ASSIGNMENTS FOR JOINT TRAINING AND EDUCATION. the Secretary may. order any unit.—Chapter 1209 of title 10. MEMBERS OF THE INDIVIDUAL MIS- RESERVE FOR PREPLANNED (a) AUTHORITY. 504.

—(1) Units or members may be 10 ordered to active duty under this section only if— 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(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 or members are anticipated to be ordered to active duty. under the juris6 diction of the Secretary. of 2 the Selected Reserve (as defined in section 10143(a) of 3 this title). ‘‘(2) Not more than 60.128 1 not assigned to a unit organized to serve as a unit. to active duty for not more than 365 consecutive 8 days. 9 ‘‘(b) LIMITATIONS. † S 1867 ES . and ‘‘(B) the budget information on such costs includes a description of the mission for which such units or members are anticipated to be ordered to active duty and the anticipated length of time of the order of such units or members to active duty on an involuntary basis. without the consent of the mem7 bers.000 members of the reserve 23 components of the armed forces may be on active duty 24 under this section at any one time. or any member in the Individual Ready Reserve 4 mobilization category and designated as essential under 5 regulations prescribed by the Secretary.

the service of all units 19 or members so ordered to active duty may be terminated 20 by— 21 22 23 24 25 ‘‘(1) order of the Secretary of the military department concerned. or ‘‘(2) law. in writing.—Nothing TO WAR POWERS RESOLU- contained in this section shall be con- † S 1867 ES . 17 or any member of the Individual Ready Reserve. is ordered 18 to active duty under subsection (a). 14 ‘‘(e) TERMINATION OF DUTY.—Whenever the Sec- 7 retary of a military department orders any unit or member 8 of the Selected Reserve or Individual Ready Reserve to 9 active duty under subsection (a). 6 ‘‘(d) NOTICE TO CONGRESS.129 1 ‘‘(c) EXCLUSION FROM STRENGTH LIMITATIONS.—Whenever any unit of 15 the Selected Reserve or any member of the Selected Re16 serve not assigned to a unit organized to serve as a unit.— 2 Members ordered to active duty under this section shall 3 not be counted in computing authorized strength in mem4 bers on active duty or total number of members in grade 5 under this title or any other law. such Secretary shall sub10 mit to Congress a report. ‘‘(f) RELATIONSHIP TION. setting forth the cir11 cumstances necessitating the action taken under this sec12 tion and describing the anticipated use of such units or 13 members.

S. or interest. 22 Such policies and procedures shall not go into effect until 23 approved by the Secretary of Defense. 8 appropriate consideration shall be given to— 9 10 11 12 13 14 15 16 17 18 ‘‘(1) the length and nature of previous service.—In this section: † S 1867 ES . 1541 et 3 seq.). ‘‘(h) POLICIES AND PROCEDURES. ‘‘(2) the frequency of assignments during service career. safety.—The Secretaries 19 of the military departments shall prescribe policies and 20 procedures to carry out this section. 4 ‘‘(g) CONSIDERATIONS FOR INVOLUNTARY ORDER TO 5 ACTIVE DUTY. including on deter21 minations of orders to active duty under subsection (g). ‘‘(3) family responsibilities. 24 ‘‘(i) DEFINITIONS.C. to assure such sharing of exposure to hazards as the national security and military requirements will reasonably allow. and ‘‘(4) employment necessary to maintain the national health.—In determining which members of the Se6 lected Reserve and the Individual Ready Reserve will be 7 ordered to duty without their consent under this section.130 1 strued as amending or limiting the application of the pro2 visions of the War Powers Resolution (50 U.

Selected Reserve and certain Individual Ready Reserve members: order to active duty for preplanned missions.’’.131 1 2 3 4 5 6 7 8 9 10 11 ‘‘(1) The term ‘defense budget materials’ has the meaning given that term in section 231(d)(2) of this title. 12 13 (b) CLARIFYING AMENDMENTS RELATING THORITY OR TO AU- TO ORDER ACTIVE DUTY OTHER THAN DURING NATIONAL EMERGENCY. (2) CLERICAL AMENDMENT. † S 1867 ES .—Section 12304(a) of 14 WAR 15 such title is amended— 16 17 18 19 (1) by inserting ‘‘named’’ before ‘‘operational mission’’. ‘‘(2) The term ‘Individual Ready Reserve mobilization category’ means.—The table of sec- tions 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.’’. the category of the Individual Ready Reserve described in section 10144(b) of this title. in the case of any reserve component. and (2) by striking ‘‘365 days’’ and inserting ‘‘365 consecutive days’’.

MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR PROMOTION FOR CERTAIN RESERVE OFFICERS EMPLOYED AS MILITARY TECHNICIANS (DUAL STATUS). is amended by inserting ‘‘or in the event a member 22 of a reserve component is being demobilized under cir23 cumstances in which (as determined by the Secretary con24 cerned) operational requirements make the 90-day re25 quirement under subparagraph (A) unfeasible. † S 1867 ES . Section 1142(a)(3)(B) of title 10. United States Code. is 6 amended by adding at the end the following new sub7 section: 8 ‘‘(i) CERTAIN RESERVE OFFICERS. MODIFICATION PRESEPARATION OF TIME IN WHICH BE COUNSELING MUST PROVIDED TO RESERVE COMPONENT MEMBERS BEING DEMOBILIZED.’’.’’.—A reserve offi- 9 cer who is employed as military technician (dual status) 10 under section 10216 of this title. 512. United States 21 Code. and who has been re11 tained beyond the mandatory removal date for years of 12 service under section 10216(f) or 14702(a)(2) of this title. 16 17 18 19 20 SEC.132 1 2 3 4 5 SEC.’’ after ‘‘or 26 separation date. 13 is not eligible for consideration for promotion by a manda14 tory promotion board convened under section 14101(a) of 15 this title. Section 14301 of title 10. 513.

9 (b) ELEMENTS. reserve component personnel. and Federal civilian employees in a manner that meets mission requirements without harming unit readiness. and civilian personnel. † S 1867 ES . State civilian employees. the Secretary shall— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (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. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS A DISTINCT PERSONNEL MANAGEMENT CATEGORY. (a) INDEPENDENT STUDY REQUIRED.133 1 2 3 4 SEC. 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).—In conducting the study required by 10 subsection (a). 514. reserve component personnel. (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.—The Sec- 5 retary of Defense shall conduct an independent study of 6 the feasibility and advisability of terminating the military 7 technician as a distinct personnel management category 8 of the Department of Defense.

(6) develop a recommendation on the feasibility and advisability of terminating the military technician as a distinct personnel management category. and. whether with or without a military status. develop recommendations for appropriate legislative and administrative action to implement the termination. until separation or retirement. if the termination is determined to be feasible and advisable.134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) determine whether military technicians who are employed at the commencement of the transition described in paragraph (2) should remain as technicians. (5) determine potential cost savings. (7) address any other matter relating to the management and long-term viability of the military technician as a distinct personnel management cat- † S 1867 ES . including savings in long-term mandatory entitlement costs associated with military and civil service retirement obligations. to be achieved as a result of the transition described in paragraph (2). if any. (4) identify and take into account the unique needs of the National Guard in the management and use of military technicians. rather than transitioned to such a traditional personnel category.

and (8) ensure the involvement and input of military technicians (dual status). MARINE CORPS RESERVE.—Chapter 1209 of title 10. including the matters specified 10 in subsection (b). NAVY RESERVE. 13 14 15 16 17 18 19 20 21 22 SEC. and include such comments and rec11 ommendations on the results of the study as the Secretary 12 considers appropriate.— (1) IN United GENERAL. The report shall set forth 9 the results of the study. 515. the Secretary shall submit 7 to the congressional defense committees a report on the 8 study required by subsection (a). is further amended by inserting after section 12304a the following new section: † S 1867 ES . by section States Code.—Not later than one year after the date 6 of the enactment of this Act. AUTHORITY TO ORDER ARMY RESERVE. (c) REPORT.135 1 2 3 4 5 egory that the Secretary shall specify for purposes of the study. AND AIR FORCE RESERVE TO ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO A MAJOR DISASTER OR EMERGENCY. (a) AUTHORITY. as amended 511(a)(1).

without the consent of the member affected. Marine Corps Reserve. Army Reserve. Stafford Disaster Relief and Emergency Assist10 ance Act (42 U. 17 ‘‘(b) EXCLUSION FROM STRENGTH LIMITATIONS. and any member not assigned to a unit orga13 nized to serve as a unit.— 18 Members ordered to active duty under this section shall 19 not be counted in computing authorized strength of mem20 bers on active duty or members in grade under this title 21 or any other law. Navy Re14 serve. and Air Force Reserve to 15 active duty for a continuous period of not more than 120 16 days to respond to the Governor’s request. 5122)). † S 1867 ES .’’. and Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency ‘‘(a) AUTHORITY. of the Army Reserve.S. Navy Reserve. Marine 2 3 4 5 6 Corps Reserve.—Whenever any unit or 23 member of the reserve components is ordered to active 24 duty under this section.136 1 ‘‘§ 12304b. 22 ‘‘(c) TERMINATION OF DUTY.—When a Governor requests Fed- 7 eral assistance in responding to a major disaster or emer8 gency (as those terms are defined in section 102 of the 9 Robert T. order 12 any unit. the service of all units or members 25 so ordered to active duty may be terminated by order of 26 the Secretary of Defense or law.C. the Secretary of Defense 11 may.

appointment of a commissioned officer as a dual-status commander serving on active duty and duty in. as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities.— (1) DUAL-STATUS COMMANDER.137 1 2 3 4 5 (2) CLERICAL AMENDMENT.S. the National Guard of a State under sections 315 or 325 of title 32. 5122). Army Reserve.’’. 6 (b) TREATMENT OF OPERATIONS AS CONTINGENCY 7 OPERATIONS. Air Force Reserve: order to active duty to provide assistance in response to a major disaster or emergency. Stafford Disaster Relief and Emergency Assistance Act (42 U.’’ after ‘‘12304. Marine Corps Reserve. United States Code.—When the Armed Forces and the National Guard are employed simultaneously in support of civil authorities in the United States. † S 1867 ES . including for missions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) USUAL AND CUSTOMARY ARRANGEMENT.’’. should be the usual and customary command and control arrangement. as amended by section 511(a)(2). or with.—Section 101(a)(13)(B) of such title is 8 amended by inserting ‘‘12304b.C.—The table of sec- tions at the beginning of such chapter. is further amended by inserting after the item relating to section 12304a the following new item: ‘‘12304b. Navy Reserve.

the authorities of the President. † S 1867 ES .138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The chain of command for the Armed Forces shall remain in accordance with sections 162(b) and 164(c) of title 10. in any way.—When a major disaster or emergency occurs in any area subject to the laws of any State. 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. or the District of Columbia. and prescribe command and control arrangements for forces under their command. (3) RULE OF CONSTRUCTION. United States Code. or the Governor of any State to direct. (2) STATE AUTHORITIES SUPPORTED. Territory. the Secretary of Defense.—Nothing in paragraphs (1) or (2) shall be construed to preclude or limit. the Governor of the State affected normally should be the principal civil authority supported by the primary Federal agency and its supporting Federal entities. control.

521. 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. is repealed. 19 (b) CONFORMING AMENDMENT.— (1) HEADING AMENDMENT.—Subsection (c)(3) 20 of such section is amended by inserting ‘‘or denial of reen21 listment’’ after ‘‘to warrant administrative separation’’. 522.—The table of sections 8 at the beginning of chapter 7 of such title is amended by 9 striking the item relating to section 436. (a) PROHIBITION.’’ after ‘‘a member 18 described in subsection (b)’’.—Subsection (a) of section 1214a 16 of title 10. United States 6 Code. is amended by inserting 17 ‘‘. or deny reenlistment of the member. (a) REPEAL. United States Code.—Section 436 of title 37. 10 11 12 13 14 15 SEC. 7 (b) CLERICAL AMENDMENT.139 1 2 3 4 5 Subtitle C—General Service Authorities SEC. REPEAL OF MANDATORY HIGH-DEPLOYMENT ALLOWANCE. 22 23 24 (c) CLERICAL AMENDMENTS.—The heading of such section is amended to read as follows: † S 1867 ES .

(2) TABLE OF SECTIONS. 16 17 18 SEC.—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. 2018’’. 2012’’ and insert20 ing ‘‘December 31. United States Code. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED BY EARLY DISCHARGE AUTHORITY. 19 is amended by striking ‘‘December 31. 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. Members determined fit for duty in Phys2 3 4 5 6 7 8 9 10 ical Evaluation Board: prohibition on involuntary administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation’’.140 1 ‘‘§ 1214a. 523. Section 1171 of title 10. † S 1867 ES . is 14 amended by striking ‘‘within three months’’ and inserting 15 ‘‘within one year’’. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS. Section 1175a(k)(1) of title 10.’’. 11 12 13 SEC. United States Code. 524.

—(1) The Sec- 8 retary of a military department may carry out one or more 9 programs to provide eligible members of the armed forces 10 under the jurisdiction of the Secretary with job training 11 and employment skills training to help prepare such mem12 bers for employment in the civilian sector. is 5 amended by adding at the end the following new sub6 section: 7 ‘‘(e) EMPLOYMENT SKILLS TRAINING.141 1 2 3 4 SEC. 13 ‘‘(2) A member of the armed forces is an eligible 14 member for purposes of a program under this subsection 15 if the member— 16 17 18 19 20 21 22 ‘‘(A) has completed at least 180 days on active duty in the armed forces. † S 1867 ES . United States Code. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY WHO ARE TRANSITIONING TO CIVILIAN LIFE.’’. Section 1143 of title 10. 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 car- 23 ried out in accordance with regulations prescribed by the 24 Secretary of Defense. 525.

S.—For the purposes of recruitment and enlistment in the Armed Forces. or (B) otherwise completes a program of secondary education in compliance with the education laws of the State in which the person resides. 526. (2) COVERED GRADUATES.C.142 1 2 3 4 SEC. (b) POLICY ON RECRUITMENT AND ENLISTMENT.— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) EQUAL TREATMENT.—Paragraph (1) ap- plies with respect to a person who— (A) receives a diploma from a secondary school that is legally operating. 7801(38)). 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. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF GRADUATES OF SECONDARY SCHOOLS.— 23 Not later than 180 days after the date of the enactment 24 of this Act. (a) EQUAL TREATMENT FOR SECONDARY SCHOOL 5 GRADUATES. the Secretary of Defense shall prescribe a pol25 icy on recruitment and enlistment that incorporates the 26 following: † S 1867 ES .

by each diploma source.—The Secretary of each 22 of the military departments shall develop a communication 23 plan to ensure that the policy and recruitment plan are 24 understood by military recruiters. the Secretary of each of the mili17 tary departments shall develop a recruitment plan that in18 cludes a marketing strategy for targeting various seg19 ments of potential recruits with all types of secondary edu20 cation credentials. and attitudes of potential recruits that influence attrition and the ability to adapt to a regimented life in the Armed Forces. which can be used to analyze attrition rates among qualified persons.—As part of the policy re- 16 quired by subsection (b). or other operational attrition screening tool to predict performance. behaviors. which may include the use of a noncognitive aptitude test. (2) Means for assessing how qualified persons fulfill their enlistment obligation. adaptive personality assessment. (c) RECRUITMENT PLAN. 21 (d) COMMUNICATION PLAN. † S 1867 ES .143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (1) Means for identifying persons described in subsection (a)(2) who are qualified for recruitment and enlistment in the Armed Forces. (3) Means for maintaining data.

—Section 2154(a)(1) of title 10. United States Code. 527. (a) AUTHORITY TO CREDIT MILITARY GRADUATES OF THE NATIONAL DEFENSE INTELLIGENCE COLLEGE OF 13 WITH COMPLETION JOINT PROFESSIONAL MILITARY 14 EDUCATION PHASE I. A military chaplain who.— 15 16 17 18 19 20 21 22 23 24 (1) JOINT PROFESSIONAL MILITARY EDUCATION PHASE I.’’. 541. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH RESPECT TO THE PERFORMANCE OF MARRIAGES. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL MILITARY EDUCATION.—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.144 1 2 3 4 SEC. (2) JOINT INTERMEDIATE LEVEL SCHOOL DE- FINED. 7 8 9 10 11 12 Subtitle D—Education and Training SEC. does not wish to perform a marriage 6 may not be required to do so. as a matter of conscience 5 or moral principle. † S 1867 ES . is amended by inserting ‘‘or at a joint intermediate level school’’ before the period at the end.

145 1 (b) AUTHORITY
FOR

OTHER-THAN-IN RESIDENCE

2 PROGRAM TAUGHT THROUGH JOINT FORCES STAFF COL3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
LEGE.—

(1) IN

GENERAL.—Section

2154(a)(2) of such

title is amended— (A) in the matter preceding subparagraph (A), by striking ‘‘in residence at’’; (B) in subparagraph (A), by inserting ‘‘by’’ after ‘‘(A)’’; and (C) in subparagraph (B), by inserting ‘‘in residence at’’ after ‘‘(B)’’. (2) CONFORMING
AMENDMENT.—Section

2156(b) of such title is amended by inserting ‘‘in residence’’ after ‘‘course of instruction offered’’.
SEC. 542. GRADE OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.

(a) MEDICAL STUDENTS

OF

USUHS.—Section

18 2114(b) of title 10, United States Code, is amended— 19 20 21 22 23 24 25 (1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘‘Each medical student shall be appointed as a regular officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the regular

† S 1867 ES

146 1 2 3 4 5 6 7 8 9 grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades.’’; and (2) in paragraph (2), by striking ‘‘grade of second lieutenant or ensign’’ and inserting ‘‘grade in which the member is serving under paragraph (1)’’. (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOLARSHIP AND

FINANCIAL ASSISTANCE PROGRAM.—Section

10 2121(c) of such title is amended— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in paragraph (1), by striking the second sentence and inserting the following new sentences: ‘‘Each person so commissioned shall be appointed as a reserve officer in the grade of second lieutenant or ensign. An officer so appointed may, upon meeting such criteria for promotion as may be prescribed by the Secretary concerned, be appointed in the reserve grade of first lieutenant or lieutenant (junior grade). Medical students commissioned under this section shall serve on active duty in their respective grades for a period of 45 days during each year of participation in the program.’’; and (2) in paragraph (2), by striking ‘‘grade of second lieutenant or ensign’’ and inserting ‘‘grade in which the member is serving under paragraph (1)’’.

† S 1867 ES

147 1 (c) OFFICERS DETAILED
AS

STUDENTS

AT

MEDICAL

2 SCHOOLS.—Subsection (e) of section 2004a of such title 3 is amended— 4 5 6 7 8 9 10 (1) in the subsection heading, by striking ‘‘APPOINTMENT AND

TREATMENT

OF

PRIOR ACTIVE
ON

SERVICE’’ and inserting ‘‘SERVICE DUTY’’; and

ACTIVE

(2) by striking paragraph (1) and inserting the following new paragraph (1): ‘‘(1) A commissioned officer detailed under sub-

11 section (a) shall serve on active duty, subject to the limita12 tions on grade specified in section 2114(b)(1) of this title 13 and with the entitlement to basic pay as specified in sec14 tion 2114(b)(2) of this title.’’. 15 16 17 18
SEC. 543. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.

(a) RESERVE COMPONENT MENTAL HEALTH STUDENT

STIPEND.—Section 16201 of title 10, United States

19 Code, is amended— 20 21 22 23 24 (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

25 WARTIME SPECIALTIES.—(1) Under the stipend program

† S 1867 ES

148 1 under this chapter, the Secretary of the military depart2 ment concerned may enter into an agreement with a per3 son who— 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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; 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 health profession skill that has been designated by the Secretary as a critically needed wartime skill.

† S 1867 ES

149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(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 Ready Reserve; ‘‘(C) the participant shall be subject to such active duty requirements as may be specified in the agreement and to active duty in time of war or national emergency as provided by law for members of the Ready Reserve; and ‘‘(D) the participant shall agree to serve, upon successful completion of the program, one year in the Ready Reserve for each six months, or part thereof, for which the stipend is provided, to be served in the Selected Reserve or in the Individual Ready Reserve as specified in the agreement.’’.

† S 1867 ES

150 1 (b) CONFORMING AMENDMENTS.—Such section is

2 further amended— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (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. 544. 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

17 States Code, is amended— 18 19 20 21 22 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ‘‘(c) SERIOUSLY WOUNDED, ILL,
AND OR

INJURED

23 FORMER

RETIRED ENLISTED MEMBERS.—(1) The

24 Secretary of the Air Force may authorize participation in 25 a program of higher education under subsection (a)(1) by

† S 1867 ES

151 1 a person who is a former or retired enlisted member of 2 the armed forces who at the time of the person’s separa3 tion from active duty— 4 5 6 7 8 9 ‘‘(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) A person may not be authorized under para-

10 graph (1) to participate in a program of higher education 11 after the end of the 10-year period beginning on the date 12 of the person’s separation from active duty.’’. 13 (b) CONFORMING AMENDMENTS.—Subsection (d) of

14 such section, as redesignated by subsection (a)(1), is 15 amended by striking ‘‘enlisted member’’ both places it ap16 pears and inserting ‘‘person’’. 17 (c) EFFECTIVE DATE.—Subsection (c) of section

18 9315 of title 10, United States Code (as added by sub19 section (a)(2)), shall apply to persons covered by para20 graph (1) of such subsection who are categorized by the 21 Secretary concerned as seriously wounded, ill, or injured 22 after September 11, 2001. With respect to any such per23 son who is separated from active duty during the period 24 beginning on September 12, 2001, and ending on the date 25 of the enactment of this Act, the 10-year period specified

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152 1 in paragraph (2) of such subsection shall be deemed to 2 commence on the date of the enactment of this Act. 3 4 5 6 7
SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AUTHORITY TO ISSUE ARMS, TENTAGE, AND EQUIPMENT TO EDUCATIONAL INSTITUTIONS NOT MAINTAINING UNITS OF JUNIOR ROTC.

(a) CONSOLIDATION.—Chapter 152 of title 10,

8 United States Code, is amended by inserting after section 9 2552 the following new section: 10 ‘‘§ 2552a. Arms, tentage, and equipment: educational 11 12 13
institutions not maintaining units of Junior R.O.T.C.

‘‘The Secretary of a military department may issue

14 arms, tentage, and equipment to an educational institution 15 at which no unit of the Junior Reserve Officers’ Training 16 Corps is maintained if the educational institution— 17 18 19 20 21 ‘‘(1) offers a course in military training prescribed by that Secretary; and ‘‘(2) has a student body of at least 100 physically fit students over 14 years of age.’’. (b) CONFORMING REPEALS.—Sections 4651, 7911,

22 and 9651 of such title are repealed. 23 24 25 (c) CLERICAL AMENDMENTS.— (1) The table of sections at the beginning of chapter 152 of such title is amended by inserting

† S 1867 ES

153 1 2 after the item relating to section 2552 the following new item:
‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining units of Junior R.O.T.C.’’.

3 4 5 6 7 8 9 10 11 12 13 14 15

(2) The table of sections at the beginning of chapter 441 of such title is amended by striking the item relating to section 4651. (3) The table of sections at the beginning of chapter 667 of such title is amended by striking the item relating to section 7911. (4) The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9651.
SEC. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO THE MILITARY SERVICE ACADEMIES.

(a) WAIVER

FOR

CERTAIN ENLISTED MEMBERS.—

16 The Secretary of the military department concerned may 17 waive the maximum age limitation specified in section 18 4346(a), 6958(a)(1), or 9346(a) of title 10, United States 19 Code, for the admission of an enlisted member of the 20 Armed Forces to the United States Military Academy, the 21 United States Naval Academy, or the United States Air 22 Force Academy if the member—

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154 1 2 3 4 5 6 7 8 9 10 (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

11 waiver may not be granted under this section if the can12 didate would pass the candidate’s twenty-sixth birthday by 13 July 1 of the year in which the candidate would enter the 14 military service academy pursuant to the waiver. 15 (c) LIMITATION
ON

NUMBER ADMITTED USING

16 WAIVER.—Not more than five candidates may be admitted 17 to each of the military service academies for an academic 18 year pursuant to a waiver granted under this section. 19 (d) RECORD KEEPING REQUIREMENT.—The Sec-

20 retary of each military department shall maintain records 21 on the number of graduates of the military service acad22 emy under the jurisdiction of the Secretary who are admit23 ted pursuant to a waiver granted under this section and 24 who remain in the Armed Forces beyond the active duty 25 service obligation assumed upon graduation. The Sec-

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155 1 retary shall compare their retention rate to the retention 2 rate of graduates of that academy generally. 3 (e) REPORTS.—Not later than April 1, 2016, the Sec-

4 retary of each military department shall submit to the 5 Committees on Armed Services of the Senate and the 6 House of Representatives a report specifying— 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (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 au-

23 thority to grant a waiver under this section expires on 24 September 30, 2016.

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156 1 2 3 4
SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING FOR SKILLS REQUIRED FOR MILITARY OCCUPATIONAL SPECIALTIES.

(a) PILOT PROGRAM REQUIRED.—Commencing not

5 later than nine months after the date of the enactment 6 of this Act, the Secretary of Defense shall carry out a pilot 7 program to assess the feasibility and advisability of per8 mitting enlisted members of the Armed Forces to obtain 9 civilian credentialing or licensing for skills required for 10 military occupational specialties (MOS) or qualification 11 for duty specialty codes. 12 (b) ELEMENTS.—In carrying out the pilot program,

13 the Secretary shall— 14 15 16 17 18 19 20 21 22 23 24 25 (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.

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157 1 (c) REPORT.—Not later than one year after com-

2 mencement of the pilot program, the Secretary shall sub3 mit to Congress a report on the pilot program. The report 4 shall set forth the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 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 the expansion.

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158 1 2 3 4 5 6 7

Subtitle E—Military Justice and Legal Matters Generally
SEC. 551. 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.—Sec-

8 tion 920 of title 10, United States Code (article 120 of 9 the Uniform Code of Military Justice), is amended as fol10 lows: 11 12 13 (1) REVISED
OFFENSE OF RAPE.—Subsection

(a) is amended to read as follows: ‘‘(a) RAPE.—Any person subject to this chapter who

14 commits a sexual act upon another person by— 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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 con† S 1867 ES

159 1 2 3 4 sent 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;

5 is guilty of rape and shall be punished as a court-martial 6 may direct.’’. 7 8 9 10 11 12 13 14 (2) REPEAL
OF PROVISIONS RELATING TO OF-

FENSES REPLACED BY NEW ARTICLE 120b.—Sub-

sections (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

15 chapter who— 16 17 18 19 20 21 22 23 24 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 ‘‘(1) commits a sexual act upon another person

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160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ‘‘(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;

18 is guilty of sexual assault and shall be punished as a court19 martial may direct.’’. 20 21 22 23 24 (4) AGGRAVATED
SEXUAL CONTACT.—Sub-

section (e) is redesignated as subsection (c) and is amended— (A) by striking ‘‘engages in’’ and inserting ‘‘commits’’; and

† S 1867 ES

161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 OF-

FENSES REPLACED BY NEW ARTICLE 120c.—Sub-

sections (k), (l), (m), and (n) are repealed. (7) PROOF
OF THREAT.—Subsection

(p) is re-

designated 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’’.

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162 1 2 3 (8) DEFENSES.—Subsection (q) is redesignated as subsection (f) and is amended to read as follows: ‘‘(f) DEFENSES.—An accused may raise any applica-

4 ble defenses available under this chapter or the Rules for 5 Court-Martial. Marriage is not a defense for any conduct 6 in issue in any prosecution under this section.’’. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 tact’ means—
CONTACT.—The

term ‘sexual con-

† S 1867 ES

and amending that paragraph by inserting before the period at the end the following: ‘‘.163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(A) touching. Touching may be accomplished by any part of the body. either directly or through the clothing. breast.’’. or degrade any person. if done with an intent to arouse or gratify the sexual desire of any person. † S 1867 ES . (C) by striking paragraph (4) and redesignating paragraph (3) as paragraph (4). or ‘‘(B) any touching. by striking the last sentence. the genitalia. or causing another person to touch. groin. anus. or buttocks of any person. transferring that paragraph so as to appear after paragraph (2). with an intent to abuse. either directly or through the clothing. including any nonconsensual sexual act or nonconsensual sexual contact’’. or causing another person to touch. (F) by striking paragraphs (5) and (7). (D) by redesignating paragraph (8) as paragraph (3). any body part of any person. humiliate. as redesignated by subparagraph (C). inner thigh. (E) in paragraph (4).

† S 1867 ES .164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (G) by redesignating paragraph (6) as paragraph (7). or ‘‘(C) inflicting physical harm sufficient to coerce or compel submission by the victim. or kidnapping’’ and inserting ‘‘the wrongful action contemplated by the communication or action. grievous bodily harm.—The term ‘force’ means— ‘‘(A) the use of a weapon. ‘‘(B) the use of such physical strength or violence as is sufficient to overcome.’’. as redesignated by subparagraph (C). and (ii) by striking ‘‘death.—The term ‘unlawful force’ means an act of force done without legal justification or excuse.’’.’’. (H) by inserting after paragraph (4). or injure a person. ‘‘(6) UNLAWFUL FORCE. restrain. as redesignated by subparagraph (G)— (i) by striking ‘‘under paragraph (3)’’ and all that follows through ‘‘contact). (I) in paragraph (7). the following new paragraphs (5) and (6): ‘‘(5) FORCE.

(ii) by striking ‘‘words or overt acts indicating’’ and ‘‘sexual’’ in the first sentence. unconscious. and (vii) by adding at the end the following new subparagraphs: ‘‘(B) A sleeping. 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 † S 1867 ES . (iv) by inserting ‘‘or social or sexual’’ before ‘‘relationship’’ in the fourth sentence. (v) by striking ‘‘sexual’’ before ‘‘conduct’’ in the fourth sentence. (iii) by striking ‘‘accused’s’’ in the third sentence. (K) by redesignating paragraph (14) as paragraph (8) and in that paragraph— (i) by inserting ‘‘(A)’’ before ‘‘The term’’.165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (J) by striking paragraphs (9) through (13). (vi) by striking ‘‘A person cannot consent’’ and all that follows through the period.

(11) SECTION HEADING.—Any person subject to this 23 chapter who— 24 25 ‘‘(1) commits a sexual act upon a child who has not attained the age of 12 years. Art. as amended by subsection (a). or whether a person did not resist or ceased to resist only because of another person’s actions. or † S 1867 ES .—The heading of such section (article) is amended to read as follows: 15 ‘‘§ 920.— 17 Chapter 47 of such title (the Uniform Code of Military 18 Justice) is amended by inserting after section 920a (arti19 cle 120a). 16 (b) RAPE AND SEXUAL ASSAULT OF A CHILD. Art. Rape and sexual assault generally’’.166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 unconscious. and (L) by striking paragraphs (15) and (16). the following new 20 section (article): 21 ‘‘§ 920b. A person cannot consent while under threat or in fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).’’. All the surrounding circumstances are to be considered in determining whether a person gave consent. ‘‘(C) Lack of consent may be inferred based on the circumstances of the offense. Rape and sexual assault of a child 22 ‘‘(a) RAPE OF A CHILD. 120. 120b.

—Any person 12 subject to this chapter who commits a sexual act upon a 13 child who has attained the age of 12 years is guilty of 14 sexual assault of a child and shall be punished as a court15 martial may direct.— ‘‘(1) UNDER 12 YEARS. intoxicant. 20 21 22 23 24 ‘‘(d) AGE OF CHILD. or other similar substance. 11 ‘‘(b) SEXUAL ASSAULT OF A CHILD.—In a prosecution under this section. ‘‘(B) threatening or placing that child in 9 is guilty of rape of a child and shall be punished as a 10 court-martial may direct.167 1 2 3 4 5 6 7 8 fear. ‘‘(2) commits a sexual act upon a child who has attained the age of 12 years by— ‘‘(A) using force against any person.—Any person sub- 17 ject to this chapter who commits a lewd act upon a child 18 is guilty of sexual abuse of a child and shall be punished 19 as a court-martial may direct. it need not be proven that the accused knew the age of the other person engaging in the sexual act or lewd act. 16 ‘‘(c) SEXUAL ABUSE OF A CHILD. or ‘‘(D) administering to that child a drug. It is not a defense that the † S 1867 ES . ‘‘(C) rendering that child unconscious.

‘‘(2) UNDER 16 YEARS. ‘‘(e) PROOF OF THREAT. in proving that a person made a threat.—In a prosecution under 15 this section.—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. that the persons 23 engaging in the sexual act or lewd act were at that time 24 married to each other. 19 ‘‘(f) MARRIAGE. which the accused must prove by a preponderance of the evidence. which the accused must 22 prove by a preponderance of the evidence. it is a defense. if the child had in fact attained at least the age of 12 years. it 16 need not be proven that the person actually intended to 17 carry out the threat or had the ability to carry out the 18 threat.168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 accused reasonably believed that the child had attained the age of 12 years.—In a prosecution under subsection 20 (b) (sexual assault of a child) or subsection (c) (sexual 21 abuse of a child). except where the accused commits 25 a sexual act upon the person when the accused knows or † S 1867 ES . that the accused reasonably believed that the child had 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).

or use of force. 2 unconscious. or injure a child. or otherwise unaware that the sexual act is 3 occurring or when the other person is incapable of con4 senting to the sexual act due to impairment by any drug. or other similar substance. or use of force cannot consent 12 to any sexual act.—Lack of consent is not an element 9 and need not be proven in any prosecution under this sec10 tion.—The term ‘force’ means— ‘‘(A) the use of a weapon. and that condition 6 was known or reasonably should have been known by the 7 accused. 8 ‘‘(g) CONSENT. restrain. lewd act. A child not legally married to the person committing 11 the sexual act. ‘‘(B) the use of such physical strength or violence as is sufficient to overcome. ‘‘(2) FORCE. 5 intoxicant.—In this section: ‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.169 1 reasonably should know that the other person is asleep.—The terms ‘sexual act’ and ‘sexual contact’ have the meanings given those terms in section 920(g) of this title (article 120(g)). or ‘‘(C) inflicting physical harm. † S 1867 ES . lewd act. 13 14 15 16 17 18 19 20 21 22 23 ‘‘(h) DEFINITIONS.

‘‘(3) THREATENING IN FEAR. anus. or degrade any person. humiliate.—The term ‘child’ means any person who has not attained the age of 16 years. or † S 1867 ES . or female areola or nipple to a child by any means. or to arouse or gratify the sexual desire of any person. humiliate. with an intent to abuse.170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 In the case of a parent-child or similar relationship. buttocks. the use or abuse of parental or similar authority is sufficient to constitute the use of force.—The term ‘lewd act’ means— ‘‘(A) any sexual contact with a child.—The OR PLACING THAT CHILD 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. including via any communication technology. including via any communication technology. with an intent to abuse. ‘‘(C) intentionally communicating indecent language to a child by any means. ‘‘(5) LEWD ACT. ‘‘(B) intentionally exposing one’s genitalia. or degrade any person.

and tends to excite sexual desire or deprave morals with respect to sexual relations. videotapes. films. including via any communication technology. obscene.—Such chapter 12 (the Uniform Code of Military Justice) is further amended 13 by inserting after section 920b (article 120b). VISUAL RECORDING. and repugnant to common propriety. Other sexual misconduct 16 ‘‘(a) INDECENT VIEWING. 120c. the following new section: 15 ‘‘§ 920c. OR 17 BROADCASTING.—Any person subject to this chapter who.’’. 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 ‘‘(D) any indecent conduct. as added 14 by subsection (b). (c) OTHER SEXUAL MISCONDUCT. Art. intentionally done with or in the presence of a child. ‘‘(2) knowingly photographs. 18 without legal justification or lawful authorization— 19 20 21 22 23 24 25 ‘‘(1) knowingly and wrongfully views the private area of another person.171 1 2 3 4 5 6 7 8 9 10 11 to arouse or gratify the sexual desire of any person. without that other person’s consent and † S 1867 ES . that amounts to a form of immorality relating to sexual impurity which is grossly vulgar.

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).172 1 2 3 4 5 6 under circumstances in which that other person has a reasonable expectation of privacy.—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. anus. 14 ‘‘(c) INDECENT EXPOSURE.—Any person subject to 10 this chapter who compels another person to engage in an 11 act of prostitution with any person is guilty of forcible 12 pandering and shall be punished as a court-martial may 13 direct. 7 is guilty of an offense under this section and shall be pun8 ished as a court-martial may direct. or female areola or 17 nipple is guilty of indecent exposure and shall by punished 18 as a court-martial may direct. buttocks. † S 1867 ES . any person. or received by. in an indecent 16 manner.—Any person subject to 15 this chapter who intentionally exposes. the genitalia. 9 ‘‘(b) FORCIBLE PANDERING.—In this section: ‘‘(1) ACT OF PROSTITUTION. 19 20 21 22 23 24 ‘‘(d) DEFINITIONS.

—The term ‘indecent manner’ means conduct that amounts to a form of immorality relating to sexual impurity which is † S 1867 ES .—The term ‘private area’ means the naked or underwear-clad genitalia.—The term ‘distribute’ means delivering to the actual or constructive possession of another. or female areola or nipple. without being concerned that an image of a private area of the person was being captured. anus.—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. ‘‘(5) DISTRIBUTE.—The term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed by a person or persons. ‘‘(3) REASONABLE EXPECTATION OF PRI- VACY. ‘‘(4) BROADCAST. including transmission by electronic means. ‘‘(6) INDECENT MANNER. buttocks.173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(2) PRIVATE AREA. or ‘‘(B) circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public.

’’. 920a. and tends to excite sexual desire or deprave morals with respect to sexual relations. obscene. or 920c of this title (article 120. and (C) in clause (v)— (i) by striking ‘‘indecent assault’’.174 1 2 3 4 grossly vulgar.—Paragraph (4) of section 918 (article 118) is amended— † S 1867 ES . or sodomy. and (iii) by striking ‘‘or liberties with a child’’. (ii) by striking ‘‘rape. 7 (e) CONFORMING AMENDMENTS.—Subparagraph (B) of section 843(b)(2) (article 43(b)(2)) is amended— (A) in clause (i).’’ and inserting ‘‘or rape. 920b.—Section 925 of 5 such title (article 125 of the Uniform Code of Military 6 Justice) is repealed. (B) by striking clause (iii). and repugnant to common propriety. by striking ‘‘section 920 of this title (article 120)’’ and inserting ‘‘section 920. (2) MURDER. (d) REPEAL OF SODOMY ARTICLE. or 120c)’’.—Chapter 47 of 8 such title (the Uniform Code of Military Justice) is further 9 amended as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) STATUTE OF LIMITATIONS. 120a. 120b.’’.

aggravated sexual contact. ‘‘920c.’’. 120. † S 1867 ES . 13 14 15 16 and (2) by striking the item relating to section 925 (article 125). and (B) by striking ‘‘aggravated sexual assault. Stalking.—The amendments made by 17 this section shall take effect on the date of the enactment 18 of this Act and shall apply with respect to offenses com19 mitted on or after such date. Rape and sexual assault of a child. (g) EFFECTIVE DATE. (f) CLERICAL AMENDMENTS.’’.175 1 2 3 4 5 6 7 (A) by striking ‘‘sodomy. ‘‘920a. sexual abuse of a child.’’ and all that follows through ‘‘with a child.—The table of sections 8 at the beginning of subchapter X of such chapter (the Uni9 form Code of Military Justice) is amended— 10 11 12 (1) by striking the items relating to sections 920 and 920a (articles 120 and 120a) and inserting the following new items: ‘‘920. sexual assault of a child. Rape and sexual assault generally. Other sexual misconduct. 120b.’’ and inserting ‘‘sexual assault. 120c. ‘‘920b. 120a.’’.

and’’. including an investigation pursuant to section 832(b) of this title (article 32(b)).—Subsection (a) of 23 such section is further amended by striking ‘‘subpenaed’’ 24 in paragraphs (1) and (2). AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY EVIDENCE.176 1 2 3 SEC. by striking ‘‘or board’’ and inserting ‘‘board. and (B) by redesignating paragraph (3) as paragraph (2). by striking ‘‘board. or convening authority’’. and inserting ‘‘subpoenaed’’. trial counsel. 552. United States Code (article 47 of the Uniform Code 5 of Military Justice).—Such 16 section is further amended— 17 18 19 20 21 22 (1) in subsection (a)— (A) by striking paragraph (2). and (2) in subsection (c). (a) SUBPOENA DUCES TECUM. (c) TECHNICAL AMENDMENTS. and (2) by striking subsection (d).—Section 847 of title 4 10. or has been duly issued a subpoena duces tecum for an investigation. as redesignated by subsection 25 (b)(1)(B).’’ and inserting ‘‘board. is amended— 6 7 8 9 10 11 12 13 14 15 TO (1) in subsection (a)(1). (b) REPEAL FEES AND OF OBSOLETE PROVISIONS RELATING TO MILEAGE PAYABLE WITNESSES. † S 1867 ES .

in whole or in part. by adding at the end the following new paragraph: ‘‘(7) In any case in which the final decision of the 11 Secretary concerned results in denial.177 1 (d) EFFECTIVE DATE. (a) PROHIBITED PERSONNEL ACTIONS. United States Code.—The amendments made by 2 subsection (a) shall apply with respect to subpoenas issued 3 after the date of the enactment of this Act. 553. together with a statement of the 16 procedure and time for obtaining review of the decision 17 pursuant to section 1560 of this title.’’.—Section 7 1034 of title 10. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN MILITARY PERSONNEL DECISIONS. 18 19 20 21 22 23 (2) in subsection (g)— (A) by inserting ‘‘(1)’’ before ‘‘Upon the completion of all’’. and (B) by adding at the end the following new paragraph: ‘‘(2) A submittal to the Secretary of Defense under 24 paragraph (1) must be made within 90 days of the receipt 25 of the final decision of the Secretary of the military de- † S 1867 ES . 12 of any requested correction of the member or former mem13 ber’s record. 4 5 6 SEC. is amended— 8 9 10 (1) in subsection (f). the member or former member shall be pro14 vided a concise written statement of the factual and legal 15 basis for the decision.

and (4) by inserting after subsection (g) the following new subsection (h): ‘‘(h) JUDICIAL REVIEW.—A decision of the Secretary 14 of Defense under subsection (g) or. 22 (b) CORRECTION OF MILITARY RECORDS.—Section 23 1552 of such title is amended— 24 25 (1) by redesignating subsection (g) as subsection (j). of any requested correction 4 of the member or former member’s record. a decision of the Secretary of a military department 19 or the Secretary of Homeland Security under subsection 20 (f) shall be subject to judicial review only as provided in 21 section 1560 of this title. In any case in which 2 the final decision of the Secretary of Defense results in 3 denial. the member 5 or former member shall be provided a concise written 6 statement of the basis for the decision. respectively. together with a 7 statement of the procedure and time for obtaining review 8 of the decision pursuant to section 1560 of this title.178 1 partment concerned in the matter. and † S 1867 ES .’’. in a case in which re15 view by the Secretary of Defense under subsection (g) was 16 not sought or in a case arising out of the Coast Guard 17 when the Coast Guard is not operating as a service in the 18 Navy. in whole or in part. 9 10 11 12 13 (3) by redesignating subsections (h) and (i) as subsections (i) and (j).’’.

the claimant shall be provided 6 a concise written statement of the factual and legal basis 7 for the decision. 5 of any requested correction. considers the following information: 21 22 23 24 25 ‘‘(1) A thorough compilation of the information available in the historical record. 20 at a minimum. or would. 17 the Secretary concerned shall ensure that an advisory 18 opinion is included in the record of the decision that in19 cludes a detailed chronology of the events in question and. 10 ‘‘(h) If an application for correction of military 11 records involves a historically significant military event (as 12 defined by the Secretary concerned). contemporary written statements. together with a statement of the proce8 dure and time for obtaining review of the decision pursu9 ant to section 1560 of this title. † S 1867 ES .179 1 2 3 (2) by inserting after subsection (f) the following new subsections: ‘‘(g) In any case in which the final decision of the 4 Secretary concerned results in denial. and all available records which formed the basis for the military records in question. in whole or in part. substantially modify the results of any 14 disciplinary action or promotion decision regarding a gen15 eral or flag officer which includes in the remedy a pro16 motion by and with the advice and consent of the Senate. if the appli13 cation is approved. including testimony.

Judicial review of decisions 15 ‘‘(a) After a final decision is issued pursuant to sec- 16 tion 1552 of this title. regarding the matters raised in the application for relief regarding the military records in question. 20 any person aggrieved by the decision may obtain judicial 21 review. the 23 reviewing court shall review the record and may hold un24 lawful and set aside any decision demonstrated by the pe25 titioner in the record to be— † S 1867 ES . if available. or is issued by the Secretary of 17 a military department or the Secretary of Homeland Secu18 rity pursuant to section 1034(f) of this title or the Sec19 retary of Defense pursuant to section 1034(g) of this title.— (1) IN GENERAL.—Chapter 79 of such title is amended by adding at the end the following new section: 14 ‘‘§ 1560. ‘‘(i) A decision by the Secretary concerned under this 8 section shall be subject to judicial review only as provided 9 in section 1560 of this title.180 1 2 3 4 5 6 7 ‘‘(2) The testimony or written views of contemporary decision makers.’’. ‘‘(3) A summary of the available evidence for and against the position taken by the applicant. 22 ‘‘(b) In exercising its authority under this section. 10 11 12 13 (c) JUDICIAL REVIEW.

181 1 2 3 4 5 6 7 8 9 10 11 ‘‘(1) arbitrary or capricious. 13 or remand the matter. ‘‘(3) a result of material error of fact or material administrative error. no judicial review may be made until the Sec- † S 1867 ES . 14 ‘‘(d) No judicial review may be made under this sec- 15 tion unless the petitioner shall first have requested a cor16 rection under section 1552 of this title. ‘‘(2) not based on substantial evidence. vacate. or ‘‘(4) otherwise contrary to law. In a case in which 19 the final decision of the Secretary concerned is subject to 20 review by the Secretary of Defense under section 1034(g) 21 of this title. the petitioner is not required to seek such 22 review by the Secretary of Defense before obtaining judi23 cial review under this section. ‘‘(c) Upon review under this section. as appropriate. the reviewing 12 court shall affirm. modify. and shows to the reviewing court by a preponderance of the evidence that the error was harmful. but only if the petitioner identified to the correction board how the failure to follow procedures substantially prejudiced the petitioner’s right to relief. and the Secretary 17 concerned shall have rendered a final decision denying 18 that correction in whole or in part. or reverse the decision. If the petitioner seeks re24 view by the Secretary of Defense under section 1034(g) 25 of this title.

9 ‘‘(f) Notwithstanding subsections (a). (b). 13 ‘‘(g)(1) In the case of a cause of action arising after 14 the date of the enactment of the National Defense Author15 ization Act for Fiscal Year 2012. and (c). to challenge any decision for which ad- † S 1867 ES . no court shall 23 have jurisdiction over any civil action or claim seeking. a petition for judicial review under this section must 7 be filed within three years of the date on which the final 8 decision was actually received by the petitioner. except as pro18 vided in this section. except as provided by 22 chapter 153 of title 28 and this chapter. 19 ‘‘(2) In the case of a cause of action arising after 20 the date of the enactment of the National Defense Author21 ization Act for Fiscal Year 2012. a 10 reviewing court does not have jurisdiction to entertain any 11 matter or issue raised in a petition of review under this 12 section that is not justiciable. 3 ‘‘(e) In the case of a final decision described in sub- 4 section (a) made on or after the date of the enactment 5 of the National Defense Authorization Act for Fiscal Year 6 2012.182 1 retary of Defense shall have rendered a final decision de2 nying that request in whole or in part. in 24 whole or in part. no court shall have juris16 diction to entertain any request for correction of records 17 cognizable under section 1552 of this title.

former member. of any requested correction of a record 23 of a member. and of 12 the Secretary of a military department or the Secretary 13 of Homeland Security under section 1034(f) or 1552 of 14 title 10. United States Code.—The amendments made by 8 this section shall take effect one year after the date of 9 the enactment of this Act.’’. 20 United States Code. United States Code. 3 4 5 6 (2) CLERICAL AMENDMENT. Judicial review of decisions. results in denial. the individual 24 shall be informed in writing of the time for obtaining re- † S 1867 ES . 7 (d) EFFECTIVE DATE. During the 16 period between the date of the enactment of this Act and 17 the date on which the amendments made by this section 18 take effect.183 1 ministrative review is available under section 1552 of this 2 title.—The table of sec- tions at the beginning of chapter 79 of such title is amended by adding at the end the following new item: ‘‘1560. or the Secretary concerned under sec21 tion 1552 of title 10. 22 in whole or in part. United States Code.’’. Such amendments shall apply 10 to all final decisions of the Secretary of Defense under 11 section 1034(g) of title 10. in any case in which the final decision of the 19 Secretary of Defense under section 1034 of title 10. or claimant. whether rendered before or 15 after the date of the enactment of this Act.

—The Secretary of De- 21 fense may provide support to one or more public or private 22 programs designed to facilitate representation by attor23 neys who provide pro bono legal assistance of members 24 of the Armed Forces who are in need of such representa25 tion.—The Secretaries concerned 4 may prescribe appropriate regulations. 17 18 19 20 SEC. 2 United States Code. and interim guid5 ance before prescribing such regulations.—In this sec- 14 tion. United 16 States Code. such regulations may not 8 take effect until approved by the Secretary of Defense. 13 (g) SECRETARY CONCERNED DEFINED. 9 (f) CONSTRUCTION. (a) SUPPORT AUTHORIZED. 3 (e) IMPLEMENTATION. 554. the term ‘‘Secretary concerned’’ has the meaning 15 given that term in section 101(a)(9) of title 10. as provided therein. † S 1867 ES .—This section does not affect the 10 authority of any court to exercise jurisdiction over any 11 case which was properly before it before the effective date 12 specified in subsection (d). to implement the 6 amendments made by this section.184 1 view of the decision pursuant to section 1560 of title 10. DEPARTMENT OF DEFENSE SUPPORT FOR PROGRAMS ON PRO BONO LEGAL REPRESENTATION FOR MEMBERS OF THE ARMED FORCES. In the case of the Sec7 retary of a military department.

—The Secretary may not provide financial support under subsection (a) unless the Secretary determines that services available at no cost to the Department of Defense or individual members of the Armed Forces that facilitate representation by attorneys who provide pro bono legal assistance to members of the Armed Forces who are in need of such assistance are not available.000.—The total amount of financial support provided under subsection (a) in any fiscal year may not exceed $500. (2) LIMITATION ON AMOUNT. (3) DETERMINATION.—The support provided a pro- gram under subsection (a) may include financial support of the program. † S 1867 ES .185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (b) FINANCIAL SUPPORT.—Amounts for financial support under this section shall be derived from amounts authorized to be appropriated for the Department of Defense for operation and maintenance.— (1) IN GENERAL. (4) FUNDING.

who shall be appointed from among gen10 eral or flag officers of the Armed Forces or employees of 11 the Department of Defense in a comparable Senior Execu12 tive Service position’’. 4431. Such guidance shall— 21 22 23 24 25 (1) require the Secretary of each military department to determine (which determination shall be based on the unique mission. DIRECTOR OF THE SEXUAL ASSAULT PREVENTION AND RESPONSE OFFICE. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES.S. 1561 note) is amended 8 by adding before the period at the end of the first sentence 9 the following: ‘‘.186 1 2 3 4 5 Subtitle F—Sexual Assault Prevention and Response SEC. military population. 562. 13 14 15 SEC. the Secretary 17 of Defense shall issue guidance to implement the appro18 priate recommendations of the Report of the Defense Task 19 Force on Sexual Assault in the Military Services (Decem20 ber 2009). 10 U.—Not later than 60 days 16 after the date of the enactment of this Act. 561. Section 1611(a) of the Ike Skelton National Defense 6 Authorization Act for Fiscal Year 2011 (Public Law 111– 7 383. and force structure of the applicable Armed Force) the appropriate number of Sexual Assault Response † S 1867 ES . (a) GUIDANCE REQUIRED. 124 Stat.C.

(b) REPORT REQUIRED. The report shall set forth the anticipated date of the 24 completion of the implementation by each military depart25 ment of the guidance issued under subsection (a). (2) require that each installation or similar organizational level have at least one Sexual Assault Response Coordinator.—Not later than 180 days 19 after the date of the enactment of this Act.187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Coordinators and Sexual Assault Victim Advocates to be assigned to deployed and non-deployed military units under the jurisdiction of such Secretary. the Secretary 20 of Defense shall submit Congress a report on the status 21 of the implementation of the recommendations of the De22 fense Task Force on Sexual Assault in the Military Serv23 ices. (3) establish. after October 1. credentialing programs for Sexual Assault Response Coordinators and for Sexual Assault Victim Advocates. or require the Secretary of each military department to establish. only members of the Armed Forces on active duty or fulltime civilian employees of the Department of Defense who have obtained the appropriate credentials under a program under paragraph (3) may be assigned to duty as a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate. and (4) ensure that. 2013. † S 1867 ES .

(a) LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT. the Secretaries of the military depart8 ments shall prescribe regulations on the provision of legal 9 assistance to victims of sexual assault. 563.188 1 2 3 4 5 6 SEC. is amended by inserting after section 1565a the following new section: 17 ‘‘§ 1565b. Such regulations 10 shall require that legal assistance be provided by military 11 or civilian legal assistance counsel pursuant to section 12 1044 of title 10. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE AND SERVICES OF SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES. United States Code.— (1) IN GENERAL. 13 14 15 16 (b) ASSISTANCE AND REPORTING. United States Code.—Not later than 60 days after the date of the en- 7 actment of this Act.—(1) A member of the armed 23 forces who is the victim of a sexual assault may be pro24 vided the following: † S 1867 ES .—Chapter 80 of title 10. Victims of sexual assault: access to legal as18 19 20 21 22 TIM sistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates ‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VIC- ADVOCATE SERVICES.

a military crimi13 nal investigator. ‘‘(C) Assistance provided by a Sexual Assault Victim Advocate. ‘‘(2) A member of the armed forces who is the victim 9 of sexual assault shall be informed of the availability of 10 assistance under paragraph (1) as soon as the member 11 seeks assistance from a Sexual Assault Response Coordi12 nator. or a trial counsel. ‘‘(B) Assistance provided by a Sexual Assault Response Coordinator. a victim/witness liaison. at any time.189 1 2 3 4 5 6 7 8 ‘‘(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to section 1044 of this title. a Sexual Assault Victim Advocate. in whole or 18 in part. 19 ‘‘(3) Legal assistance and the services of Sexual As- 20 sault Response Coordinators and Sexual Assault Victim 21 Advocates under paragraph (1) shall be available to a 22 member regardless of whether the member elects unre23 stricted or restricted (confidential) reporting of the sexual 24 assault. 14 The member shall also be informed that the legal assist15 ance and the services of a Sexual Assault Response Coor16 dinator or a Sexual Assault Victim Advocate under para17 graph (1) are optional and may be declined. † S 1867 ES .

without initiating an offi8 cial investigation of the allegations. ‘‘(E) A chaplain. (2) CLERICAL AMENDMENT.190 1 ‘‘(b) RESTRICTED REPORTING. Victims of sexual assault: access to legal assistance and services of Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. ‘‘(C) A Sexual Assault Victim Advocate.—The table of sec- tions 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. ‘‘(B) A Sexual Assault Response Coordinator. 9 ‘‘(2) The individuals specified in this paragraph are 10 the following: 11 12 13 14 15 16 17 18 19 20 ‘‘(A) A military legal assistance counsel. † S 1867 ES .’’. or counseling. a member 3 of the armed forces who is the victim of a sexual assault 4 may elect to confidentially disclose the details of the as5 sault to an individual specified in paragraph (2) and re6 ceive medical treatment. ‘‘(D) Healthcare personnel specifically identified in the regulations required by paragraph (1).—(1) Under regula- 2 tions prescribed by the Secretary of Defense.’’. legal assistance under section 7 1044 of this title.

Not later than 60 days after the date of the enact- 9 ment of this Act. 565. on requests for a permanent change of station or 24 unit transfer submitted by a member of the Armed Forces 25 serving on active duty who was a victim of a sexual as26 sault. and such other persons as the 14 President shall specify for purposes of the privilege.—The Secretaries of the military de21 partments shall provide guidance on expedited consider22 ation and decision-making. AND CERTAIN OTHER PERSONS. EXPEDITED CONSIDERATION AND DECISION-MAKING ON REQUESTS FOR PERMANENT CHANGE OF STATION OR UNIT TRANSFER OF VICTIMS OF SEXUAL ASSAULT. 15 16 17 18 19 SEC. SEXUAL ASSAULT VICTIM ADVOCATES.191 1 2 3 4 5 6 7 8 SEC. (a) EXPEDITED CONSIDERATION AND PRIORITY FOR 20 DECISIONMAKING. REQUIREMENT FOR PRIVILEGE IN CASES ARISING UNDER UNIFORM CODE OF MILITARY JUSTICE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT VICTIMS AND SEXUAL ASSAULT RESPONSE COORDINATORS. Sexual 13 Assault Victim Advocates. 564. † S 1867 ES . the President shall establish in the Man10 ual for Courts-Martial an evidentiary privilege against dis11 closure of certain communications by victims of sexual as12 sault with Sexual Assault Response Coordinators. to the maximum extent prac23 ticable.

develop a comprehensive 13 policy for the Department of Defense on the retention of 14 and access to evidence and records relating to sexual as15 saults involving members of the Armed Forces. and for such purposes relating 25 to the documentation of the incidence of sexual assault † S 1867 ES .—Not later than February 1. 11 the Secretary of Defense shall. in consultation with the 12 Secretary of Veterans Affairs. 566. 4 5 6 7 8 9 SEC. 2013. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON RETENTION AND ACCESS TO EVIDENCE AND RECORDS RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.—The comprehensive policy required 17 by subsection (a) shall include policies and procedures (in18 cluding systems of records) necessary to ensure preserva19 tion of records and evidence for periods of time that en20 sure that members of the Armed Forces and veterans of 21 military service who were the victims of sexual assault dur22 ing military service are able to substantiate claims for vet23 erans benefits.192 1 (b) REGULATIONS. to support criminal or civil prosecutions by 24 military or civil authorities. 16 (b) OBJECTIVES. (a) COMPREHENSIVE POLICY TO ON RETENTION AND 10 ACCESS RECORDS.—The Secretaries of the military 2 departments shall prescribe regulations to carry out this 3 section.

including non-Department of Defense records. (2) Criteria for collection and retention of records. (4) Length of time records and evidence must be retained. at a minimum. that must be retained. the Secretary of Defense 5 shall consider. (6) Media which may be used to preserve records and assure access. physical evidence and forensic evidence must be retained shall be not less than five years. 3 (c) ELEMENTS.—In developing the comprehensive 4 policy required by subsection (a). except that the length of time documentary evidence. the following matters: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Identification of records. (5) Locations where records must be stored.193 1 in the Armed Forces as the Secretary of Defense considers 2 appropriate. (3) Identification of physical evidence and nondocumentary forms of evidence relating to sexual assaults that must be retained. including an electronic systems of records. United States Code (commonly referred to † S 1867 ES . relating to an incident of sexual assault. (7) Protection of privacy of individuals named in records and status of records under section 552 of title 5.

and laws related to privilege. to 17 the maximum extent practicable. section 552a of title 5.—The TO MILITARY DEPART- Secretary of Defense shall ensure that. including alleged assailants and law enforcement authorities. (11) Uniform collection of data on the incidence of sexual assaults and on disciplinary actions taken in substantiated cases of sexual assault. and others. (8) Access to records by victims of sexual assault. United States Code (commonly referred to as the ‘‘Privacy Act’’).194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 as the ‘‘Freedom of Information Act’’). (d) UNIFORM APPLICATION MENTS. the Department of Veterans Affairs. the policy developed 18 under subsection (a) is implemented uniformly by the mili19 tary departments. (9) Responsibilities for record retention by the military departments. † S 1867 ES . (10) Education and training on record retention requirements.

195 1 2 3 4 5 6 7 8 Subtitle G—Defense Dependents’ Education SEC. $25. 22 7713(9)).S.S.—Of the 10 amount authorized to be appropriated for fiscal year 2012 11 by section 301 and available for operation and mainte12 nance for Defense-wide activities as specified in the fund13 ing table in section 4301. 571. 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 9 NUMBERS OF MILITARY DEPENDENT STUDENTS. † S 1867 ES .000.—In 19 this section. 7703b). 18 (b) LOCAL EDUCATIONAL AGENCY DEFINED. the term ‘‘ ‘local educational agency’ ’’ has the 20 meaning given that term in section 8013(9) of the Ele21 mentary and Secondary Education Act of 1965 (20 U.C.000 shall be available 14 only for the purpose of providing assistance to local edu15 cational agencies under subsection (a) of section 572 of 16 the National Defense Authorization Act for Fiscal Year 17 2006 (Public Law 109–163. 20 U.C.

572.S.000 7 shall be available for payments under section 363 of the 8 Floyd D. Of the amount authorized to be appropriated for fis- 4 cal year 2012 pursuant to section 301 and available for 5 operation and maintenance for Defense-wide activities as 6 specified in the funding table in section 4301. 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. 7703b 18 note) is amended— 19 20 21 22 23 24 25 26 † S 1867 ES (1) by inserting ‘‘grant assistance’’ after ‘‘To provide’’. Spence National Defense Authorization Act for 9 Fiscal Year 2001 (as enacted into law by Public Law 106– 10 398. $5. . 7703a). 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORITIES ON TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES.000. 114 Stat.—Paragraph (2)(B) 16 of section 574(d) of the John Warner National Defense 17 Authorization Act for Fiscal Year 2007 (20 U.S. (a) ADDITIONAL AUTHORITIES. 11 12 13 14 15 SEC.C.C. 1654A–77. ‘‘(ii) Training for teachers.196 1 2 3 SEC. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 20 U.

—(1) The Council shall consist of the 19 following members: 20 21 22 23 24 25 ‘‘(A) The Under Secretary of Defense for Personnel and Readiness. who shall be appointed or designated by the Secretary of Defense: † S 1867 ES . is amended to read as follows: 18 ‘‘(b) MEMBERS.—Paragraph (3) of 9 such section is amended by striking ‘‘September 30. ‘‘(vi) Other appropriate services to improve the academic achievement of such students. (b) THREE-YEAR EXTENSION. 576. Subsection (b) of section 1781a of title 10. ‘‘(B) The following. 11 12 13 14 15 16 Subtitle H—Military Family Readiness SEC. ‘‘(v) Support for practices that minimize the impact of transition and deployment. who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary’s absence.197 1 2 3 4 5 6 7 8 ‘‘(iii) Academic strategies to increase academic achievement. United 17 States Code. ‘‘(iv) Curriculum development. MODIFICATION OF MEMBERSHIP OF DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL. 2016’’. 10 2013’’ and inserting ‘‘September 30.’’.

Navy. Navy. the spouse of such a member. two of whom shall be the spouse of a regular component member and two of whom shall be the spouse of a reserve component member. including military family organizations of families of members of the regular components and of families of members of the reserve components. ‘‘(iii) One spouse of a member of each of the Army. and Air Force. Marine Corps. ‘‘(v) The senior enlisted advisor. or the spouse of a senior enlisted member. or the parent of such a member. each of whom may be a member of the armed force to be represented. ‘‘(iv) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations. who may be a member of the National Guard. and may represent either the regular component or a reserve component of that armed force.198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(i) One representative of each of the Army. Marine Corps. from each † S 1867 ES . or the parent of such a member. ‘‘(ii) One representative of the Army National Guard or Air National Guard. and Air Force. the spouse of such a member.

Marine Corps. (a) IN GENERAL.’’. the following: † S 1867 ES . and Air Force. ‘‘(C) The Director of the Office of Community Support for Military Families with Special Needs.199 1 2 3 4 5 of the Army. Navy. 577. 15 16 17 18 19 SEC.—The review required by subsection 24 (a) shall. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON DEPARTMENT OF DEFENSE MILITARY SPOUSE EMPLOYMENT PROGRAMS. address. 23 (b) ELEMENTS. at a minimum. Representation on the Council 9 under clause (ii) of that paragraph shall rotate between 10 the Army National Guard and Air National Guard every 11 two years on a calendar year basis. ‘‘(2)(A) The term on the Council of the members ap- 6 pointed or designated under clauses (i) and (iii) of para7 graph (1)(B) shall be two years and may be renewed by 8 the Secretary of Defense. 12 ‘‘(B) The term on the Council of the members ap- 13 pointed under clause (iv) of paragraph (1)(B) shall be 14 three years.—The Comptroller General of the 20 United States shall carry out a review of all current De21 partment of Defense military spouse employment pro22 grams.

or any other contingency operation being conducted by the Armed Forces as of the date of such review.200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) The efficacy and effectiveness of Department of Defense military spouse employment programs. (5) 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. (3) The types of military spouse employment programs that have been considered or used in the past by the Department. (6) 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. † S 1867 ES . (2) All current Department programs to support military spouses or dependents for the purposes of employment assistance. (4) The ways in which military spouse employment programs have changed in recent years.

(3) A description of the assumptions utilized in the review. 25 the Secretary of Defense shall submit to the congressional † S 1867 ES .—Not later 5 than 180 days after the date of the enactment of this Act.201 1 2 3 4 (7) The oversight provided by the Office of Personnel and Management regarding preferences for military spouses in Federal employment. 6 the Comptroller General shall submit to the congressional 7 defense committees a report on the review carried out 8 under subsection (a). (c) COMPTROLLER GENERAL REPORT. (d) DEPARTMENT OF DEFENSE REPORT. (4) Such recommendations as the Comptroller General considers appropriate for improving Department of Defense military spouse employment programs. (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.—Not later 24 than 180 days after the date of the enactment of this Act. The report shall set forth the fol9 lowing: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) The results of the review concerned. and an assessment of the validity and completeness of such assumptions.

The report shall set forth 6 such number (or estimate) for the Department of Defense 7 military spouse employment programs as a whole and for 8 each such military spouse employment program. (2) ELEMENTS.202 1 defense committees a report setting forth the number (or 2 a reasonable estimate if a precise number is not available) 3 of military spouses who have obtained employment fol4 lowing participation in Department of Defense military 5 spouse employment programs. COLD WAR SERVICE MEDAL. and (B) specify the persons eligible to receive the medal.— (1) IN GENERAL. 581. 16 17 18 19 20 21 22 23 24 (b) REGULATIONS. to persons eligible to receive the medal under the 15 regulations under subsection (b). to be known as the ‘‘Cold War Service 14 Medal’’.—The Secretary of Defense 12 may authorize the issuance by the Secretaries concerned 13 of a service medal. 9 10 11 Subtitle I—Other Matters SEC. † S 1867 ES .—The issuance of a Cold War Service Medal under this section shall be subject to regulations prescribed by Secretary of Defense.—The regulations shall— (A) provide for an appropriate design for the Cold War Service Medal. (a) MEDAL AUTHORIZED.

—Subsection (b) of section 582 of the National De- 9 fense Authorization Act for Fiscal Year 2008 (10 U. 5 6 7 8 SEC. 10 10101 note) is amended by inserting ‘‘(including programs 11 of outreach)’’ after ‘‘informational events and activities’’.203 1 (c) SECRETARIES CONCERNED DEFINED. the term ‘‘Secretaries concerned’’ has the meaning 3 given that term in section 101(a)(9) of title 10. United 4 States Code.—In this 2 section.—Subsection (d)(2) of such 16 section is amended by striking the second.S. third. and 17 fourth sentences and inserting the following: ‘‘The Center 18 shall have the following functions: 19 20 21 22 23 24 ‘‘(A) To collect and analyze ‘lessons learned’ and suggestions from State National Guard and Reserve organizations with existing or developing reintegration programs. (a) INCLUSION OF PROGRAMS OF OUTREACH IN PROGRAM. 582. ‘‘(B) To assist in developing training aids and briefing materials and training representa- † S 1867 ES . ENHANCEMENT AND IMPROVEMENT OF YELLOW RIBBON REINTEGRATION PROGRAM.C. 12 (b) RESTATEMENT IN OF FUNCTIONS OF CENTER FOR IN IN 13 EXCELLENCE 14 FUNCTIONS 15 PROGRAMS REINTEGRATION OF AND INCLUSION OF OF IDENTIFICATION BEST PRACTICES OUTREACH.

whether acting through or in coordination with 19 their National Guard and Reserve organizations.’’.’’. to assist 20 the States and such organizations in developing and car21 rying out programs of outreach for members of the Armed 22 Forces and their families to inform and educate them on 23 the assistance and services available to them under the 24 Yellow Ribbon Reintegration Program. including the as25 sistance and services described in subsection (h).—Such 14 section is further amended by adding at the end the fol15 lowing new subsection: 16 ‘‘(j) STATE-LED PROGRAMS OF OUTREACH. † S 1867 ES . (c) STATE-LED PROGRAMS OF OUTREACH.—The 17 Office for Reintegration Programs may work with the 18 States.204 1 2 3 4 5 6 7 8 9 10 11 12 13 tives 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).

—Such section is further amended by adding 3 at the end the following new subsection: 4 ‘‘(k) SCOPE OF ACTIVITIES UNDER PROGRAMS OF 5 OUTREACH. the Secretary of Defense shall submit to Congress 16 a report setting forth an assessment of the feasibility and 17 advisability of the establishment by the military depart18 ments of a process to expedite the determination of dis19 ability with respect members of the Armed Forces. the report shall set forth such rec24 ommendations for legislative and administrative action as † S 1867 ES . who suffer from certain disabling diseases or condi22 tions. (a) IN GENERAL.205 1 (d) SCOPE OF ACTIVITIES UNDER PROGRAMS OF 2 OUTREACH. 583.’’. 10 11 12 13 14 SEC. includ20 ing regular members and members of the reserve compo21 nents. the activities 6 and services provided under programs of outreach may in7 clude personalized and substantive care coordination serv8 ices targeted specifically to individual members of the 9 Armed Forces and their families. 15 2012.—Not later than September 1. REPORT ON PROCESS FOR EXPEDITED DETERMINATION OF DISABILITY OF MEMBERS OF THE ARMED FORCES WITH CERTAIN DISABLING CONDITIONS.—For purposes of this section. If the establishment of such a process is considered 23 feasible and advisable.

the Secretary 23 of Defense shall submit to the Committees on Armed Serv24 ices of the Senate and the House of Representatives a re- † S 1867 ES . REPORT ON THE ACHIEVEMENT OF DIVERSITY GOALS FOR THE LEADERSHIP OF THE ARMED FORCES. (2) CONSULTATION.206 1 the Secretary consider appropriate for the establishment 2 of such process.—The Secretary of Defense shall conduct the study in consultation with the Secretary of Veterans Affairs.—In conducting the study required for purposes of the preparation of the report required by subsection (a). 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (b) REQUIREMENTS FOR STUDY FOR REPORT. 584. SEC.—Not later than one year 22 after the date of the enactment of this Act. including the Quick Disability Determination program and the Compassionate Allowances program of the Social Security Administration. (a) REPORT REQUIRED.— (1) EVALUATION OF APPROPRIATE ELEMENTS OF SIMILAR FEDERAL PROGRAMS. 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.

and † S 1867 ES . SEC. 1973ff–3) is amended— 24 25 (1) by inserting ‘‘or overseas voter’’ after ‘‘absent uniformed services voter’’. SPECIFICATION OF PERIOD IN WHICH APPLICATION FOR VOTER REGISTRATION OR ABSENTEE BALLOT FROM AN OVERSEAS VOTER IS VALID. 3 (b) ELEMENTS.—The report required by subsection 4 (a) shall include the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) An assessment by each Secretary of a military department of progress towards the achievement of diversity goals for the leadership within each Armed Force under the jurisdiction of such Secretary.S. studies. including the reserve components of such Armed Force. 585. and in other relevant policies. and assessments.C.207 1 port on the achievement of diversity goals for the leader2 ship of the Armed Forces. Section 104 of the Uniformed and Overseas Citizens 23 Absentee Voting Act (42 U. reports. evaluations. (2) A discussion of the findings and recommendations included in the final report of the Military Leadership Diversity Commission entitled ‘‘From Representation to Inclusion: Diversity Leadership for the 21st Century Military’’.

—Notwithstanding the time lim- 8 itations specified in section 3744 of title 10. during the Korean War. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO EMIL KAPAUN FOR ACTS OF VALOR DURING THE KOREAN WAR. 15 (b) ACTS OF VALOR DESCRIBED. SEC.—The acts of valor 16 referred to in subsection (a) are the actions of then Cap17 tain Emil Kapaun as a member of the 8th Cavalry Regi18 ment during the Battle of Unsan on November 1 and 2. 19 1950. 586. † S 1867 ES . (a) AUTHORIZATION. and while a prisoner of war until his death on May 20 23.208 1 2 3 4 5 6 7 (2) by striking ‘‘members of the uniformed services’’ and inserting ‘‘uniformed services voters or overseas voters’’. the President is authorized and requested 12 to award the Medal of Honor posthumously under section 13 3741 of such title to Emil Kapaun for the acts of valor 14 during the Korean War described in subsection (b). 1951. or any other time limitation with respect to the 10 awarding of certain medals to persons who served in the 11 Armed Forces. United States 9 Code.

the Secretary of the Army 10 is authorized to award the Distinguished Service Cross 11 under section 3742 of such title to Captain Fredrick L. CROSS FOR FOR CAPTAIN ACTS OF SPAULDING VALOR DURING THE VIETNAM WAR. as a member of the 17 United States Army serving in the grade of Captain in 18 the Republic of Vietnam while assigned with Headquarters 19 and Headquarters Company. United States 7 Code. † S 1867 ES . 587.—Notwithstanding the time lim- 6 itations specified in section 3744 of title 10. 101st Airborne 20 Division. or any other time limitation with respect to the 8 awarding of certain medals to persons who served in the 9 United States Armed Forces. 3d Brigade. 12 Spaulding for acts of valor during the Vietnam War de13 scribed in subsection (b). 14 (b) ACTS OF VALOR DESCRIBED. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED FREDRICK SERVICE L.—The acts of valor 15 referred to in subsection (a) are the actions of Fredrick 16 L. 1970. (a) AUTHORIZATION. on July 23.209 1 2 3 4 5 SEC. Spaulding.

(2) Section 308c(i).—The following sections of title 37. relating to Ready Reserve enlistment bonus for persons without prior service. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY AUTHORITIES.210 1 2 3 4 5 6 7 (a) TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Bonuses and Special and Incentive Pays SEC. relating to Selected Reserve affiliation or enlistment bonus. relating to special pay for enlisted members assigned to certain high-priority units. AUTHORITIES RELATING TO RESERVE 8 FORCES. † S 1867 ES . are amended by striking ‘‘December 31. relating to Selected Reserve reenlistment bonus. (3) Section 308d(c). 10 2011’’ and inserting ‘‘December 31. 611. (4) Section 308g(f)(2). relating to Ready Reserve enlistment and reenlistment bonus for persons with prior service. 2012’’: 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) Section 308b(g). (5) Section 308h(e). United 9 States Code.

relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 2011’’ and inserting ‘‘December 31.—The following sections of title 19 37. (b) TITLE 10 AUTHORITIES RELATING TO HEALTH 9 CARE PROFESSIONALS. 2012’’: 12 13 14 15 16 17 (1) Section 2130a(a)(1). 2012’’: 21 22 23 24 (1) Section 302c–1(f).—The following sections of title 10 10. United States Code. relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. relating to accession bonus for registered nurses. relating to nurse officer candidate accession program. are amended by striking ‘‘Decem20 ber 31. United States Code.211 1 2 3 4 5 6 7 8 (6) Section 308i(f). 2011’’ and inserting ‘‘December 31. (7) Section 910(g). relating to Selected Reserve enlistment and reenlistment bonus for persons with prior service. (c) TITLE 37 AUTHORITIES RELATING TO HEALTH 18 CARE PROFESSIONALS. are amended by striking ‘‘Decem11 ber 31. † S 1867 ES . relating to accession and retention bonuses for psychologists. (2) Section 302d(a)(1). (2) Section 16302(d).

relating to special pay for nuclear-qualified officers extending period of active service. (9) Section 335(k). (6) Section 302j(a).—The TO NUCLEAR OFFI- following sections of title 37. relating to accession bonus for pharmacy officers. relating to accession bonus for dental specialist officers in critically short wartime specialties. are amended by striking ‘‘December 31. relating to bonus and incentive pay authorities for officers in health professions.212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (3) Section 302e(a)(1). † S 1867 ES . 2012’’: 22 23 24 (1) Section 312(f). relating to accession bonus for medical officers in critically short wartime specialties. United States 20 Code. (4) Section 302g(e). relating to special pay for Selected Reserve health professionals in critically short wartime specialties. relating to accession bonus for dental officers. (5) Section 302h(a)(1). 2011’’ and 21 inserting ‘‘December 31. relating to incentive special pay for nurse anesthetists. (7) Section 302k(f). (d) AUTHORITIES RELATING CERS. (8) Section 302l(g).

BONUS AU- THORITIES. relating to skill incentive pay or proficiency bonus. INCENTIVE PAY. (2) Section 332(g). are amended by striking ‘‘December 31. (1) Section 331(h). relating to special aviation incentive pay and bonus authorities for officers. (5) Section 352(g).—The following sections of title 37. relating to special bonus and incentive pay authorities for nuclear officers.213 1 2 3 4 5 6 7 8 9 (2) Section 312b(c). (3) Section 312c(d). relating to hazardous duty † S 1867 ES . (4) Section 333(i). relating to general bonus authority for enlisted members. (e) AUTHORITIES RELATING DATED TO TITLE 37 CONSOLIAND SPECIAL PAY. relating to nuclear career annual incentive bonus. relating to general bonus authority for officers. relating to assignment pay or special duty pay. relating to nuclear career accession bonus. 11 2011’’ and inserting ‘‘December 31. (6) Section 353(i). United 10 States Code. 2012’’: 12 13 14 15 16 17 18 19 20 21 22 23 pay. (3) Section 334(i). (4) Section 351(h).

(5) Section 324(g). United 6 States Code.—The AND SPECIAL PAY AU- following sections of title 37. (7) Section 327(h). 2012’’: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) Section 301b(a). (2) Section 307a(g). relating to accession bonus for officer candidates. (4) Section 309(e). relating to accession bonus for new officers in critical skills. relating to reenlistment bonus for active members. relating to incentive bonus for transfer between the Armed Forces. relating to aviation officer retention bonus. relating to incentive bonus for conversion to military occupational specialty to ease personnel shortage. relating to enlistment bonus. 7 2011’’ and inserting ‘‘December 31. relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (8) Section 330(f). (6) Section 326(g). † S 1867 ES . are amended by striking ‘‘December 31. (3) Section 308(g). (f) OTHER TITLE 37 BONUS THORITIES.214 1 2 3 4 5 (7) Section 355(h). relating to assignment incentive pay.

and ending 7 on December 31. is amended— 14 15 16 17 18 19 (1) in subsection (a).215 1 (g) INCREASED BAH OR FOR AREAS EXPERIENCING IN 2 DISASTERS SUDDEN INCREASES PERSONNEL. 2012’’. 612. † S 1867 ES .—The amount of special 20 pay authorized by subsection (a) for a day or portion of 21 a day may not exceed an amount equal to $225 divided 22 by the number of days of the month in which such day 23 falls. United States Code. except that such an increase may be prescribed 6 for the period beginning on January 1. (2) by striking subsection (b) and inserting the following new subsection (b): ‘‘(b) SPECIAL PAY AMOUNT. by striking ‘‘for any month or portion of a month’’ and inserting ‘‘for any day or portion of a day’’. United States Code.’’. MODIFICATION OF QUALIFYING PERIOD FOR PAYMENT OF HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY AND HAZARDOUS DUTY SPECIAL PAY. 2012.— 3 Section 403(b)(7)(E) of title 37. 8 9 10 11 12 SEC. is 4 amended by inserting before the period at the end the fol5 lowing: ‘‘. (a) HOSTILE FIRE AND IMMINENT DANGER PAY.— 13 Section 310 of title 37.

’’. the Secretary concerned may prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month.—The amendments made by 23 this section shall take effect on October 1. by striking ‘‘any month’’ and inserting ‘‘any day’’.216 1 2 3 4 5 6 (3) in subsection (c)(1). the Secretary concerned shall prorate the payment amount to reflect the duration of the member’s actual qualifying service during the month. † S 1867 ES .’’ and all that follows and inserting ‘‘receipt of 9 hazardous duty pay— 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(A) in the case of hazardous duty pay payable under paragraph (1) of subsection (a). (b) HAZARDOUS DUTY PAY. (c) EFFECTIVE DATE. and (4) in subsection (d)(2).—Section 351(c)(2) of 7 such title is amended by striking ‘‘receipt of hazardous 8 duty pay. and ‘‘(B) in the case of hazardous duty pay payable under paragraph (2) or (3) of subsection (a). by inserting ‘‘for any day (or portion of a day) of’’ before ‘‘not more than three additional months’’. and shall 24 apply with respect to duty performed on or after that date. 2011.

and that meets mis16 sion and servicemember needs. Definitions. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION AUTHORITIES OF THE UNIFORMED SERVICES. and flexible. United 20 States Code.—This section establishes general trav- 8 el and transportation provisions for members of the uni9 formed services and other travelers authorized to travel 10 under official conditions.217 1 2 3 4 5 6 7 Subtitle B—Consolidation and Reform of Travel and Transportation Authorities SEC. clear.—Title 37. the amendments made by 12 this section provide the Secretary of Defense and the other 13 administering Secretaries with the authority to prescribe 14 and implement travel and transportation policy that is 15 simple. 19 (b) CONSOLIDATED AUTHORITIES. efficient. while realizing cost savings 17 that should come with a more efficient and less cum18 bersome system for travel and transportation. † S 1867 ES AND TRANSPORTATION AUTHORITIES—NEW LAW ‘‘CHAPTER 8—TRAVEL AND TRANSPORTATION ALLOWANCES . ‘‘SUBCHAPTER I—TRAVEL ‘‘451. Recognizing the complexities and 11 the changing nature of travel. 621. (a) PURPOSE. is amended by inserting after chapter 7 the 21 following new chapter: 22 23 ‘‘Sec.

‘‘481b. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment. † S 1867 ES . Travel and transportation allowances: temporary lodging expenses. Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents. ‘‘481d. Travel and transportation allowances: members assigned to a vessel under construction. ‘‘479. baggage and household effects. Program of compliance. ‘‘481f. Allowable travel and transportation: general authorities. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member. ‘‘SUBCHAPTER III—TRAVEL AND TRANSPORTATION AUTHORITIES—OLD LAW ‘‘471. ‘‘478. Travel and transportation allowances: transportation for survivors of deceased member to attend the member’s burial ceremonies. ‘‘481a. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating. ‘‘475. ‘‘481e.218 ‘‘452. Travel and transportation allowances: house trailers and mobile homes. Travel and transportation allowances: miscellaneous categories. Regulations. Travel and transportation: pilot programs. Travel and transportation allowances: administrative provisions. Appropriations for travel: may not be used for attendance at certain meetings. electronic processing of travel claims. Travel and transportation allowances: per diem while on duty outside the continental United States. Travel and transportation allowances: inactive duty training outside of the normal commuting distances. ‘‘477. ‘‘476. Travel and transportation allowances: travel within limits of duty station. Travel and transportation allowances: departure allowances. or modified. Definitions and other incorporated provisions of chapter 7. Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty. Travel and transportation allowances: general. ‘‘480. ‘‘481c. ‘‘474. Travel and transportation allowances: authorized for travel performed under orders that are canceled. ‘‘463. ‘‘481. Travel and transportation allowances: dislocation allowance. Travel authorities transition expiration date. ‘‘455. Travel and transportation allowances: dependents. ‘‘478a. ‘‘453. ‘‘462. ‘‘464. revoked. ‘‘454. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours. Travel and transportation allowances: travel performed in connection with convalescent leave. ‘‘476a. ‘‘474a. Allowable travel and transportation: specific authorities. ‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS ‘‘461. ‘‘476b. ‘‘476c. ‘‘472. ‘‘475a. ‘‘474b. Relationship to other travel and transportation authorities. Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries.

‘‘484. Funeral honors duty: allowance. ‘‘490. or injured. † S 1867 ES . household and personal effects. Benefits for certain members assigned to the Defense Intelligence Agency. ‘‘494. Travel and transportation allowances: parking expenses. ‘‘481j. ‘‘489. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive.—In this 5 subchapter and subchapter II: 6 7 8 9 10 11 12 13 14 ‘‘(1) The term ‘administering Secretary’ or ‘administering Secretaries’ means the following: ‘‘(A) The Secretary of Defense. ‘‘488. Subsistence reimbursement relating to escorts of foreign arms control inspection teams. Travel and transportation: dependents of members in a missing status. trailers. claims for proceeds. ‘‘492. ‘‘(B) The Secretary of Homeland Security. Allowance for recruiting expenses. ‘‘481l. Travel and transportation: dependent children of members stationed overseas. motor vehicles. ill. ‘‘481k. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds. with respect to the armed forces (including the Coast Guard when it is operating as a service in the Navy). or injury. illness. with respect to the Coast Guard when it is not operating as a service in the Navy.219 ‘‘481h. appropriation chargeable. ‘‘481i. Definitions 4 ‘‘(a) DEFINITIONS RELATING TO PERSONS. Travel and transportation: members escorting certain dependents. Travel and transportation allowances: minor dependent schooling. Travel and transportation allowances: non-medical attendants for members determined to be very seriously or seriously wounded. sale of bulky items. Travel and transportation allowances: attendance of members and others at Yellow Ribbon Reintegration Program events. ‘‘491. 1 2 ‘‘SUBCHAPTER I—TRAVEL AND TRANSPORTATION AUTHORITIES—NEW LAW 3 ‘‘§ 451. ‘‘495. additional movements.

‘‘(D) A person who participates in a military funeral honors detail. with respect to the National Oceanic and Atmospheric Administration. ‘‘(D) The Secretary of Health and Human Services. Such term includes the following: ‘‘(A) A member of the uniformed services.220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(C) The Secretary of Commerce. † S 1867 ES . ‘‘(F) An applicant or rejected applicant for enlistment. ‘‘(B) A family member of a member of the uniformed services. with respect to the Public Health Service. ‘‘(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. ‘‘(E) A Senior Reserve Officers’ Training Corps cadet or midshipman. ‘‘(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.

means the following: ‘‘(A) A dependent. ‘‘(B) A child. as defined in section 401(b)(2) of this title. ‘‘(3) The term ‘family member’. con- † S 1867 ES . ‘‘(C) A parent.221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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. with respect to a member of the uniformed services. ‘‘(F) Any person not covered by subparagraphs (A) through (E) who is in a category specified in regulations prescribed under section 464 of this title as having an association. ‘‘(E) A former spouse of the member. ‘‘(D) A sibling of the member. as defined in section 401(b)(1) 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 a particular travel incident.

—In this subchapter and 10 subchapter II: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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. † S 1867 ES . ‘‘(D) Local travel in or around the temporary duty or permanent duty station. ‘‘(4) The term ‘dependent’. has the meaning given that term in section 401(a) of this title. ‘‘(b) DEFINITIONS RELATING TO TRAVEL AND 9 TRANSPORTATION ALLOWANCES. including any person specifically designated by a member to receive travel benefits for a particular purpose. or separated or retired from uniformed service. with respect to a member of the uniformed services. ‘‘(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 affiliation with a member or the family of a member.222 1 2 3 4 5 6 7 8 nection.

and other related expenses. or meals provided by the Government without cost to an authorized traveler. clothing. meals. or a combination thereof. including relocation expenses. the personal property of an authorized traveler. lodging. ‘‘(2) The term ‘actual and necessary expenses’ means expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel.223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(E) Other travel as authorized or ordered by the administering Secretary. ‘‘(4) The term ‘transportation allowances’ means the costs of temporarily or permanently moving an authorized traveler. with respect to transportation allowances. ‘‘(3) The term ‘travel allowances’ means the daily lodging. ‘‘(6) The term ‘miscellaneous expenses’ means authorized expenses incurred in addition to authorized allowances during the performance of official travel by an authorized traveler. lodging-. ‘‘(7) The term ‘personal property’. and other household items. or meals-in-kind’ means transportation. furniture. privately † S 1867 ES . incurred by an authorized traveler while on official travel. includes baggage. ‘‘(5) The term ‘transportation-.

‘‘(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. † S 1867 ES . or in connection with.—Except as otherwise prohibited 20 by law. a member of the uniformed services or other au21 thorized traveler may be provided transportation-. 17 ‘‘§ 452. ‘‘(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. 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. or actual and necessary expenses of 23 travel and transportation. for. mobile homes. or meals-in-kind. offi24 cial travel under circumstances as specified in regulations 25 prescribed under section 464 of this title. Allowable travel and transportation: general 18 19 authorities ‘‘(a) IN GENERAL. lodging22 .224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 owned vehicles. house trailers.

‘‘(5) Assignment or detail to another Government department or agency. ‘‘(7) Convalescent leave. ‘‘(9) Reserve component inactive-duty training performed outside the normal commuting distance of the member’s permanent residence. ‘‘(6) Rest and recuperative leave. the following circumstances. and travel in or around the temporary duty location. ‘‘(3) Temporary duty or assignment relocation related to consecutive overseas tours or in-place-consecutive overseas tours.—The authority 2 under subsection (a) includes travel under or in connection 3 with.225 1 ‘‘(b) SPECIFIC CIRCUMSTANCES. † S 1867 ES . ‘‘(8) Reenlistment leave. but not limited to. to 4 the extent specified in regulations prescribed under section 5 464 of this title: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) Temporary duty that requires travel between a permanent duty assignment location and another authorized 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. ‘‘(4) Recruiting duties for the armed forces.

‘‘(13) Presence of family members at the repatriation of members held captive. as determined by the Secretary concerned under chapter 10 of this title. or injured members. ‘‘(17) Attendance at or participation in international sports competitions described under section 717 of title 10. ‘‘(12) Presence of family members at a military medical facility incident to the illness or injury of members. † S 1867 ES . ill. ‘‘(c) MATTERS INCLUDED. ‘‘(14) Presence of non-medical attendants for very seriously or seriously wounded. or emergency circumstances. and meals. ‘‘(16) Missing status. ‘‘(11) Unusual. extraordinary. lodging.—Travel and transpor- 20 tation allowances which may be provided under subsection 21 (a) include the following: 22 23 ‘‘(1) Allowances for transportation.226 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ‘‘(10) Ready Reserve muster duty. ‘‘(15) Attendance at Yellow Ribbon Reintegration Program events. hardship.

—Any authorized travel and trans- 7 portation may be provided— 8 9 10 11 12 13 ‘‘(1) as an actual expense. or modified may be al17 lowed actual and necessary expenses or travel and trans18 portation allowances in connection with travel performed 19 pursuant to such order or authorization before such order 20 or authorization is cancelled. or modified. ‘‘(2) as an authorized allowance.—An 14 WHEN TRAVEL ORDERS ARE MODIFIED. and (3). revoked. 21 ‘‘(f) ADVANCE PAYMENTS. † S 1867 ES . ‘‘(d) MODE TATION OF PROVIDING TRAVEL AND TRANSPOR- ALLOWANCES.227 1 2 3 4 5 6 ‘‘(2) Dislocation or relocation allowances paid in connection with a change in a member’s temporary or permanent duty assignment location.—An authorized traveler 22 may be allowed advance payments for authorized travel 23 and transportation allowances. ‘‘(3) Other related miscellaneous expenses. revoked. ‘‘(e) TRAVEL AND TRANSPORTATION ALLOWANCES ETC. au- 15 thorized traveler whose travel and transportation order or 16 authorization is canceled. (2). ‘‘(3) in-kind. or ‘‘(4) using a combination of the authorities under paragraphs (1).

—(1) A 23 member of a uniformed service may be allowed moving ex24 penses and transportation allowances for self and depend25 ents associated with the movement of personal property † S 1867 ES . Allowable travel and transportation: specific 10 11 authorities ‘‘(a) IN GENERAL.—The 5 administering Secretary may not provide payment under 6 this section for an expense for which payment may be pro7 vided from any other appropriate Government or non-Gov8 ernment entity.—In addition to any other author- 12 ity for the provision of travel and transportation allow13 ances.—An authorized traveler may be paid 18 travel and transportation allowances. 9 ‘‘§ 453. or reimbursed for 19 actual and necessary expenses of travel.228 1 2 ‘‘(g) RESPONSIBILITY PENSES. 16 ‘‘(b) AUTHORIZED ABSENCE FROM TEMPORARY 17 DUTY LOCATION. 4 ‘‘(h) RELATIONSHIP TO OTHER AUTHORITIES. 22 ‘‘(c) MOVEMENT OF PERSONAL PROPERTY. incurred at a tem20 porary duty location during an authorized absence from 21 that location. the administering Secretaries may provide travel 14 and transportation allowances under this subchapter in ac15 cordance with this section.—Any FOR UNAUTHORIZED EX- unauthorized travel or transportation ex- 3 pense is not the responsibility of the United States.

authorize additional weight allow16 ances as necessary. 9 ‘‘(3) For movement of household goods.229 1 and household goods. impound. or other person involved in the transportation 23 of property may have any lien on. crating. and household goods in temporary 14 storage). the admin- 10 istering Secretaries shall prescribe weight allowances in 11 regulations under section 464 of this title. or hold. port agent. except that the administering Secretary may. warehouseman. 17 ‘‘(4) The administering Secretary may prescribe the 18 terms. on 15 a case-by-case basis. freight 22 forwarder. 3 ‘‘(2) The authority in paragraph (1) includes the 4 movement and temporary and non-temporary storage of 5 personal property. and conditions that authorize a member of 19 the uniformed services to ship or store a privately owned 20 vehicle. including such expenses when asso2 ciated with a self-move. and privately owned 6 vehicles (but not to exceed one privately owned vehicle per 7 member household) in connection with the temporary or 8 permanent move between authorized locations.000 pounds (includ13 ing packing. rates. household goods. The prescribed 12 weight allowances may not exceed 18. † S 1867 ES . or 24 otherwise interfere with. 21 ‘‘(5) No carrier. the movement of baggage and 25 household goods being transported under this section.

or is placed on the temporary disability retired list. ex4 traordinary. ‘‘(2) A member who is retired with pay under any other law or who. under chapter 61 of title 10.230 1 ‘‘(d) UNUSUAL OR EMERGENCY CIRCUMSTANCES. or emergency circumstances. ‘‘(3) A member who is discharged under section 1173 of title 10.—The 8 administering Secretary may provide travel-in-kind and 9 transportation-in-kind for the following persons in accord10 ance with regulations prescribed under section 464 of this 11 title: 12 13 14 15 16 17 18 19 20 21 22 23 ‘‘(1) A member who is retired. immediately following at least eight years of continuous active duty with no single break therein of more than 90 days. 7 ‘‘(e) PARTICULAR SEPARATION PROVISIONS.—A family member or member of the uni25 formed services who attends a deceased member’s repatri- † S 1867 ES . in5 cluding circumstances warranting evacuation from a per6 manent duty assignment location. hardship.— 2 An authorized traveler may be provided travel and trans3 portation allowances under this section for unusual. is discharged with separation pay or is involuntarily released from active duty with separation pay or readjustment pay. ‘‘(f) ATTENDANCE AT MEMORIAL CEREMONIES AND 24 SERVICES.

24 ‘‘(3) The authority to carry out a pilot program is 25 subject to the availability of appropriated funds.—(1) Not more than three pilot 20 programs may be carried out under subsection (a) at any 21 one time. 22 ‘‘(2) The duration of a pilot program may not exceed 23 four years. 5 ‘‘§ 454. policies. ‘‘(3) Means for reducing the environmental impact of travel. the Secretary of Defense may conduct pilot 8 programs to evaluate alternative travel and transportation 9 programs. Travel and transportation: pilot programs 6 ‘‘(a) PILOT PROGRAMS. burial. ‘‘(b) LIMITATIONS. or memorial ceremony or service may be pro2 vided travel and transportation allowances to the extent 3 provided in regulations prescribed under section 464 of 4 this title. and processes for Department of De10 fense authorized travelers. ‘‘(2) Means for limiting the need for travel. † S 1867 ES . Any such pilot program shall 11 be designed to enhance cost savings or other efficiencies 12 that accrue to the Government and be conducted so as 13 to evaluate one or more of the following: 14 15 16 17 18 19 ‘‘(1) Alternative methods for performing and reimbursing travel.231 1 ation.—Except as otherwise prohib- 7 ited by law.

‘‘(B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program. ‘‘(2) Not later than 60 days after the completion of 14 a pilot program.232 1 ‘‘(c) REPORTS. 16 The report on a pilot program under this paragraph shall 17 set forth the following: 18 19 20 21 22 23 24 ‘‘(A) A description of results of the pilot program. the Secretary shall submit to the congressional de4 fense committees a report on the pilot program. including the fol7 lowing: 8 9 10 11 12 13 ‘‘(A) The purpose of the pilot program. the Secretary shall submit to the congres15 sional defense committees a report on the pilot program. The re5 port on a pilot program under this paragraph shall set 6 forth a description of the pilot program.—(1) Not later than 30 days before 2 the commencement of a pilot program under subsection 3 (a). ‘‘(B) The duration of the pilot program. ‘‘(d) CONGRESSIONAL DEFENSE COMMITTEES DEFINED. the term ‘congressional defense † S 1867 ES . ‘‘(C) The cost savings or other efficiencies anticipated to accrue to the Government under the pilot program.—In this section.

under 10 both subchapter I and subchapter III for official travel 11 performed under a single or related travel and transpor12 tation order or authorization by the administering Sec13 retary.—Except as provided in 19 subsection (b).233 1 committees’ has the meaning given that term in section 2 101(a)(16) of title 10. 3 4 ‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS 5 ‘‘§ 461. a member of the uniformed services or 20 other person who is paid travel and transportation allow21 ances under subchapter I shall repay to the United States 22 any amount of such payment that is determined to be un23 authorized or in excess of the applicable authorized 24 amount. or a combination thereof. Relationship to other travel and transpor6 7 tation authorities ‘‘An authorized traveler may not be paid travel and 8 transportation allowances or receive travel-in-kind and 9 transportation-in-kind. † S 1867 ES . 14 ‘‘§ 462. Travel and transportation allowances paid to 15 16 17 18 members that are unauthorized or in excess of authorized amounts: requirement for repayment ‘‘(a) REPAYMENT REQUIRED.

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 † S 1867 ES . for all pur8 poses.234 1 ‘‘(b) EXCEPTION. 6 ‘‘(c) EFFECT OF BANKRUPTCY. A discharge in bank9 ruptcy under title 11 does not discharge a person from 10 such debt if the discharge order is entered less than five 11 years after the date on which the debt was incurred.—The admin- 15 istering Secretaries shall provide for compliance with the 16 requirements of this chapter through programs of compli17 ance established and maintained for that purpose. Programs of compliance.—An obligation to 7 repay the United States under this section is. overstated or inflated claims. 18 ‘‘(b) ELEMENTS. unauthorized claims.—The regulations prescribed under 2 section 464 of this title shall specify procedures for deter3 mining the circumstances under which an exception to re4 payment otherwise required by subsection (a) may be 5 granted. 12 ‘‘§ 463. a debt owed the United States.—The programs of compliance 19 under subsection (a) shall— 20 21 22 23 24 25 ‘‘(1) minimize the provision of benefits under this chapter based on inaccurate claims. electronic processing 13 14 of travel claims ‘‘(a) PROGRAMS OF COMPLIANCE.

‘‘(c) ELECTRONIC PROCESSING OF TRAVEL 8 CLAIMS. conditions. any travel claim 11 under this chapter shall be processed electronically. 12 ‘‘(2) The administering Secretary. and regulations pre25 scribed by the Secretary of Defense in consultation with † S 1867 ES . 22 ‘‘§ 464. or the Secretary’s 13 designee. to the extent practicable.235 1 2 3 4 5 6 7 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. may waive the requirement in paragraph (1) 14 with respect to a particular claim in the interests of the 15 department concerned. 16 ‘‘(3) The electronic processing of claims under this 17 subsection shall be subject to the regulations prescribed 18 by the Secretary of Defense under section 464 of this title 19 which shall apply uniformly to all members of the uni20 formed services and.—(1) By not later than the date that is five years 9 after the date of the enactment of the National Defense 10 Authorization Act for Fiscal Year 2012. rates. Regulations 23 ‘‘This subchapter and subchapter I shall be adminis- 24 tered under terms. to all other 21 authorized travelers.

— (1) TRANSFER TO SUBCHAPTER I. 20 (c) REPEAL OF OBSOLETE AUTHORITY.236 1 the other administering Secretaries for members of the 2 uniformed services. Definitions and other incorporated provisions 15 16 of chapter 7 ‘‘(a) DEFINITIONS. 14 ‘‘§ 472. 18 ‘‘(b) OTHER PROVISIONS. United States Code.—The provisions of section 401 of 17 this title apply to this subchapter. is transferred to chapter 8 of such title.—The provisions of sections 19 421 and 423 of this title apply to this subchapter. United States Code. 6 7 ‘‘SUBCHAPTER III—TRAVEL AND TRANSPORTATION AUTHORITIES—OLD LAW 8 ‘‘§ 471. the term ‘travel authorities tran- 10 sition expiration date’ means the last day of the 10-year 11 period beginning on the first day of the first month begin12 ning after the date of the enactment of the National De13 fense Authorization Act for Fiscal Year 2012.—Section 412 of title 37. Such regulations shall be uniform for 3 the Department of Defense and shall apply as uniformly 4 as practicable to the uniformed services under the jurisdic5 tion of the other administering Secretaries. is repealed.—Section 21 411g of title 37. 22 23 24 25 (d) TRANSFER OF SECTIONS. as added by subsection (b). Travel authorities transition expiration date 9 ‘‘In this subchapter. † S 1867 ES .’’.

409. 410. 408a. 434. 406a. 404a.—Sections SUBCHAPTER 404. and redesignated as follows: Section: 404 404a 404b 405 405a 406 406a 406b 406c 407 408 408a 409 410 411 411a 411b 411c 411d 411e 411f 411h 411i 411j 411k 411l 428 429 430 432 434 435 † S 1867 ES Redesignated Section: 474 474a 474b 475 475a 476 476a 476b 476c 477 478 478a 479 480 481 481a 481b 481c 481d 481e 481f 481h 481i 481j 481k 481l 488 489 490 492 494 495 . 406. 405. 407. 428 through 432.237 1 2 3 4 5 6 7 8 9 10 inserted after section 454. 411a through 411f. and 435 of such title are transferred (in that order) to chapter 8 of such title. 408. 406c. inserted after section 472. and redesignated as section 455. (2) TRANSFER THORITIES TO OF CURRENT CHAPTER 7 AUIII. 406b. as added by subsection (b). 405a. 411h through 411l. 404b. 411.

16 17 18 (2) Section 474a is amended by adding at the end the following new subsection: ‘‘(f) TERMINATION. and redesignated as section 484. (e) SUNSET OF OLD-LAW AUTHORITIES.—No payment or reimbursement 19 may be provided under this section with respect to a 20 change of permanent station for which orders are issued 21 after the travel authorities transition expiration date. as added by subsection (b). 22 23 24 (3) Section 474b is amended by adding at the end the following new subsection: ‘‘(e) TERMINATION. inserted after section 481l (as transferred and redesignated by paragraph (2)).—Provisions 7 of subchapter III of chapter 8 of title 37. are amended as follows: 10 11 12 (1) Section 474 is amended by adding at the end the following new subsection: ‘‘(k) No travel and transportation allowance or reim- 13 bursement may be provided under this section for travel 14 that begins after the travel authorities transition expira15 tion date.’’. as transferred and redesignated by paragraphs (2) 9 and (3) of subsection (c). United States 8 Code.—Section 554 of such title is transferred to chapter 8 of such title.—No payment or reimbursement 25 may be provided under this section with respect to an au- † S 1867 ES .238 1 2 3 4 5 6 (3) TRANSFER OF SECTION 554.’’.

3 4 5 (4) Section 475 is amended by adding at the end the following new subsection: ‘‘(f) TERMINATION.’’. (7) Section 476a is amended— † S 1867 ES .’’.’’. 8 9 10 (5) Section 475a is amended by adding at the end the following new subsection: ‘‘(c) During and after the travel authorities expira- 11 tion date.239 1 thorized absence that begins after the travel authorities 2 transition expiration date. reimbursement. 14 15 16 (6) Section 476 is amended by adding at the end the following new subsection: ‘‘(n) No transportation. or 17 per diem may be provided under this section— 18 19 20 21 22 23 24 25 ‘‘(1) with respect to a change of temporary or permanent station for which orders are issued after the travel authorities transition expiration date.—During and after the travel au- 6 thorities expiration date. with respect to a movement of baggage or household effects that begins after such date.’’. no allowance under subsection (a) or transpor12 tation or reimbursement under subsection (b) may be pro13 vided with respect to an authority or order to depart. no per diem may be paid under 7 this section for any period. allowance. or ‘‘(2) in a case covered by this section when such orders are not issued.

—No dislocation allowance may 22 be paid under this section for a move that begins after 23 the travel authorities transition expiration date. and (B) by adding at the end the following new subsection: ‘‘(b) TERMINATION.—’’ before ‘‘Under uniform regulations’’. 24 25 (11) Section 478 is amended by adding at the end the following new subsection: † S 1867 ES .240 1 2 3 4 5 (A) by inserting ‘‘(a) AUTHORITY.’’.—No transportation or allowance 17 may be provided under this section for travel that begins 18 after the travel authorities transition expiration date.’’.—No transportation or travel or 6 transportation allowance may be provided under this sec7 tion for travel that begins after the travel authorities tran8 sition expiration date.’’.’’. 19 20 21 (10) Section 477 is amended by adding at the end the following new subsection: ‘‘(i) TERMINATION. 9 10 11 (8) Section 476b is amended by adding at the end the following new subsection: ‘‘(e) No transportation or allowance may be provided 12 under this section for travel that begins after the travel 13 authorities transition expiration date. 14 15 16 (9) Section 476c is amended by adding at the end the following new subsection: ‘‘(e) TERMINATION.

† S 1867 ES . may 12 be provided under this section for transportation that be13 gins after the travel authorities transition expiration 14 date. 15 16 17 (14) Section 480 is amended by adding at the end the following new subsection: ‘‘(c) No travel or transportation allowance may be 18 provided under this section for travel that begins after the 19 travel authorities transition expiration date.’’. payment. 2 or reimbursement may be provided under this section for 3 travel that begins after the travel authorities transition ex4 piration date.’’. 2011’’ and inserting ‘‘the travel authorities transition expiration date’’.241 1 ‘‘(c) No travel or transportation allowance. 20 21 22 (15) Section 481 is amended by adding at the end the following new subsection: ‘‘(e) The regulations prescribed under this section 23 shall cease to be in effect as of the travel authorities tran24 sition expiration date. 5 6 7 8 9 10 (12) Section 478a(e) is amended by striking ‘‘December 31. (13) Section 479 is amended by adding at the end the following new subsection: ‘‘(e) No transportation of a house trailer or mobile 11 home.’’. or storage or payment in connection therewith.’’.

’’.242 1 2 3 (16) Section 481a is amended by adding at the end the following new subsection: ‘‘(c) No travel and transportation allowance may be 4 provided under this section for travel that is authorized 5 after the travel authorities transition expiration date. 12 13 14 (18) Section 481c is amended by adding at the end the following new subsection: ‘‘(c) No transportation may be provided under this 15 section after the travel authorities transition expiration 16 date. 23 24 (20) Section 481e is amended by adding at the end the following new subsection: † S 1867 ES . 6 7 8 (17) Section 481b is amended by adding at the end the following new subsection: ‘‘(d) TERMINATION. and no payment may be made under this section for 17 transportation that begins after that date. 18 19 20 (19) Section 481d is amended by adding at the end the following new subsection: ‘‘(d) No transportation may be provided under this 21 section after the travel authorities transition expiration 22 date.’’.—No travel and transportation 9 allowance may be provided under this section for travel 10 that is authorized after the travel authorities transition 11 expiration date.’’.’’.

or per diem may be provided under this † S 1867 ES .’’.—No transportation. allowance. 22 23 24 (24) Section 481j is amended by adding at the end the following new subsection: ‘‘(e) TERMINATION.’’. 14 reimbursement. allowance.’’. or per diem may be provided under this 15 section for travel that begins after the travel authorities 16 transition expiration date.—No travel and transportation 8 allowance or reimbursement may be provided under this 9 section for travel that begins after the travel authorities 10 transition expiration date.243 1 ‘‘(c) No travel and transportation allowance or reim- 2 bursement may be provided under this section for travel 3 that begins after the travel authorities transition expira4 tion date.’’.—No reimbursement may be pro- 20 vided under this section for expenses incurred after the 21 travel authorities transition expiration date. 25 reimbursement. 17 18 19 (23) Section 481i is amended by adding at the end the following new subsection: ‘‘(c) TERMINATION. 11 12 13 (22) Section 481h is amended by adding at the end the following new subsection: ‘‘(e) TERMINATION. 5 6 7 (21) Section 481f is amended by adding at the end the following new subsection: ‘‘(h) TERMINATION.—No transportation.

’’. 6 reimbursement.’’. and (B) by adding at the end the following new subsection: † S 1867 ES . or reimbursement 18 may be provided under this section for a move that begins 19 after the travel authorities transition expiration date.’’.244 1 section for travel that begins after the travel authorities 2 transition expiration date. allowance. 9 10 11 (26) Section 481l is amended by adding at the end the following new subsection: ‘‘(e) TERMINATION. allowance.—’’ before ‘‘In addition’’.’’. 3 4 5 (25) Section 481k is amended by adding at the end the following new subsection: ‘‘(e) TERMINATION. allowance. 15 16 17 (27) Section 484 is amended by adding at the end the following new subsection: ‘‘(k) No transportation. 12 reimbursement. or per diem may be provided under this 13 section for travel that begins after the travel authorities 14 transition expiration date.—No transportation. or per diem may be provided under this 7 section for travel that begins after the travel authorities 8 transition expiration date. 20 21 22 23 24 (28) Section 488 is amended— (A) by inserting ‘‘(a) AUTHORITY.—No transportation.

—No transportation or allowance 10 may be provided under this section for travel that begins 11 after the travel authorities transition expiration date.’’. allowance.’’.’’.—No transportation. 12 13 14 (30) Section 490 is amended by adding at the end the following new subsection: ‘‘(g) TERMINATION. or per diem may be provided under this 16 section for travel that begins after the travel authorities 17 transition expiration date.245 1 ‘‘(b) TERMINATION.—No reimbursement may be pro- 2 vided under this section for expenses incurred after the 3 travel authorities transition expiration date. 23 24 (32) Section 494 is amended by adding at the end the following new subsection: † S 1867 ES . and (B) by adding at the end the following new subsection: ‘‘(b) TERMINATION.—’’ before ‘‘In addition’’. 4 5 6 7 8 9 (29) Section 489 is amended— (A) by inserting ‘‘(a) AUTHORITY.’’. 18 19 20 (31) Section 492 is amended by adding at the end the following new subsection: ‘‘(c) No transportation or allowance may be provided 21 under this section for travel that begins after the travel 22 authorities transition expiration date. 15 reimbursement.

. 19 20 21 22 23 (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..—The heading of chap- ter 7 of such title is amended to read as follows: ‘‘CHAPTER 7—ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES’’... 401 451’’..—No allowance may be paid 7 under this section for any day after the travel authorities 8 transition expiration date.—The table of chap- ter preceding chapter 1 of such title is amended by striking the item relating to chapter 7 and inserting the following: ‘‘7..’’........ 9 10 11 12 13 14 15 16 17 18 (f) TECHNICAL AND CLERICAL AMENDMENTS..... 434.. Travel and Transportation Allowances ..246 1 ‘‘(d) TERMINATION.....— (1) CHAPTER HEADING.. ‘‘8... (2) TABLE OF CHAPTERS..... 428 through 432. and 435..............—No reimbursement may be pro- 2 vided under this section for expenses incurred after the 3 travel authorities transition expiration date...’’..... Allowances Other Than Travel and Transportation Allowances . † S 1867 ES .. 4 5 6 (33) Section 495 is amended by adding at the end the following new subsection: ‘‘(c) TERMINATION....

United States Code. United States Code.— (A) Any section of title 10 or 37. (B) Any reference in a provision of law other than a section of title 10 or 37. solely to provisions of those subchapters by 25 the end of the transition period.—The Secretary of De- 19 fense shall develop a plan to implement subchapters I and 20 II of chapter 8 of title 37. † S 1867 ES . and to transition all of the 22 travel and transportation programs for members of the 23 uniformed services under chapter 7 of title 37. 622. United States Code (as added 21 by section 621(b) of this Act). to a section of title 37 that is transferred and redesignated by subsection (c) is deemed to refer to the section as so redesignated. (4) CROSS-REFERENCES. (a) IMPLEMENTATION PLAN. 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.247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (B) The table of sections at the beginning of chapter 9 of such title is amended by striking the item relating to section 554. SEC. United 24 States Code. TRANSITION PROVISIONS.

and (3) the Secretary of Commerce. may apply those authorities subject to the 7 terms of such provisions and such modifications as the 8 Secretary of Defense may include in the implementation 9 plan required under subsection (a) or in any subsequent 10 modification to that implementation plan.—The Secretary of 24 Defense and the other administering Secretaries shall 25 commence the operation of the programs of compliance re- † S 1867 ES . with respect to the commissioned corps of the Public Health Service.248 1 (b) AUTHORITY FOR MODIFICATIONS TO OLD-LAW 2 AUTHORITIES DURING TRANSITION PERIOD. United States Code 6 (as so added). 11 (c) COORDINATION. the Secretary of Defense and the Secre4 taries concerned.—The Secretary of Defense shall 12 prepare the implementation plan under subsection (a) and 13 any modification to that plan under subsection (b) in co14 ordination with— 15 16 17 18 19 20 21 22 23 (1) the Secretary of Homeland Security. with respect to the Coast Guard. (d) PROGRAM OF COMPLIANCE. (2) the Secretary of Health and Human Services. in using the authorities under sub5 chapter III of chapter 8 of title 37.—During the 3 transition period. with respect to the National Oceanic and Atmospheric Administration.

United States Code (as 2 so added). because of such membership. United States Code. by inserting after ‘‘insurable dependent of the member’’ the following: ‘‘(other than a dependent who is also a member of † S 1867 ES . Retired Pay. and (2) in subparagraph (C)(ii). 4 (e) TRANSITION PERIOD. and Survivor Benefits SEC. 631. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEMBERS OF THE ARMED FORCES MARRIED TO OTHER MEMBERS. Section 1967(a)(1) of title 38. 8 9 10 11 12 13 14 Subtitle C—Disability. by not later than one year after the date of 3 the enactment of this Act. by inserting after ‘‘insurable dependent of the member’’ the following: ‘‘(other than a dependent who is also a member of a uniformed service and.249 1 quired by section 463 of title 37.—In this section. automatically insured under this paragraph)’’. 15 is amended— 16 17 18 19 20 21 22 23 24 (1) in subparagraph (A)(ii). the term 5 ‘‘transition period’’ means the 10-year period beginning 6 on the first day of the first month beginning after the date 7 of the enactment of this Act.

250 1 2 3 4 5 6 7 8 9 a uniformed service and. 632. for payment of special 22 compensation for members of the uniformed services with 23 catastrophic injuries or illnesses requiring assistance in ev24 eryday living. 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. because of such membership. United States Code. not more than 16 50 percent of such amount may be obligated or expended 17 for such purposes until the Under Secretary of Defense 18 for Personnel and Readiness submits to the congressional 19 defense committees a report on the implementation by the 20 Department of Defense of the authorities in section 439 21 of title 37. (a) LIMITATION ON FUNDS FOR TRAVEL OF 10 USD(PR). automatically insured under this paragraph)’’.—Of the amount authorized to be appropriated 11 for fiscal year 2012 for the Department of Defense for 12 operation and maintenance for defense-wide activities as 13 specified in the funding table in section 4301 and available 14 for purposes of travel of the Office of the Under Secretary 15 of Defense for Personnel and Readiness. † S 1867 ES . SEC.

including the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (1) A description of the criteria established pursuant to such section for the payment of special compensation under that section.—The report described in subsection 2 (a) shall include a detailed description of the implementa3 tion by the Department of the authorities in section 439 4 of title 37.251 1 (b) ELEMENTS. 633. including— (A) a description of the types of training currently provided. Section 635 of the Ike Skelton National Defense Au- 22 thorization Act for Fiscal Year 2011 (Public Law 111– 23 383. SEC. (2) An assessment of the training needs of caregivers of members paid special compensation under that section. † S 1867 ES . REPEAL OF SENSE OF CONGRESS ON AGE AND SERVICE REQUIREMENTS FOR RETIRED PAY FOR NON-REGULAR SERVICE. United States Code. (B) a description of additional types of training that could be provided. and (C) an assessment whether current Department programs are adequate to meet such training needs. 124 Stat. 4241) is repealed.

is amended by inserting before the semicolon the following: ‘‘or while staying at the Reserve’s residence. when so authorized by proper authority.—Section 1475(a)(3) of title 10.—Section 1478(a) of such title is amended— (A) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9). 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 † S 1867 ES . 634. United States Code. (2) TREATMENT AS DEATH DURING INACTIVE DUTY TRAINING.— (1) PAYMENT AUTHORIZED. 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. respectively. (a) DEATH GRATUITY. during the period of such inactive duty training or between successive days of inactive duty training’’.252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC.

18 19 20 21 22 23 24 25 SEC.—Section 1481(a)(2) of 5 such title is amended— 6 7 8 9 10 11 12 13 14 (1) by redesignating subparagraph (E) and (F) as subparagraphs (F) and (G). 635.— (1) IN GENERAL. when so authorized by proper authority.—Subchapter II of chapter 73 of title 10. is amended as follows: † S 1867 ES . (c) EFFECTIVE DATE.253 1 2 3 4 of inactive duty training is considered to have been on inactive duty training on the date of his death. CARE. respectively. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION.’’. United States Code.—The amendments made by 15 this section shall take effect on January 1. (a) REPEAL. during a period of inactive duty training or between successive days of inactive duty training. 2010. (b) RECOVERY. and shall 16 apply with respect to deaths that occur on or after that 17 date. and (2) by inserting after subparagraph (D) the following new subparagraph (E): ‘‘(E) staying at the member’s residence. MAINS AND AND DISPOSITION OF RE- RELATED BENEFITS.’’.

(C) In section 1452— (i) in subsection (f)(2). by striking ‘‘. 1450(k)(2). (B) In section 1451(c)— (i) by striking paragraph (2).’’. and (ii) by striking subsection (g). (2) CONFORMING AMENDMENTS. (B) In section 1451(g)(1). † S 1867 ES .—Such (A) In section 1450.254 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c). respectively. and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3). by striking subparagraph (C). (D) In section 1455(c). by striking subsection sub- chapter is further amended as follows: (A) In section 1450— (i) by striking subsection (e). (ii) by striking subsection (k).’’. and (iii) by striking subsection (m). by striking ‘‘does not apply—’’ and all that follows and inserting ‘‘does not apply in the case of a deduction made through administrative error.

5 (c) PROHIBITION ON RECOUPMENT TO OF CERTAIN 6 AMOUNTS PREVIOUSLY REFUNDED 7 ENTS. 10 that is in effect before the effective date provided under 11 subsection (f) and that is adjusted by reason of the 12 amendments made by subsection (a) and who has received 13 a refund of retired pay under section 1450(e) of title 10.—’’ by striking ‘‘DEPENDENT CHIL- and all that follows through ‘‘In the † S 1867 ES . shall not be required to repay such 15 refund to the United States.—A SBP RECIPI- surviving spouse who is or has been in receipt 8 of an annuity under the Survivor Benefit Plan under sub9 chapter II of chapter 73 of title 10. 16 17 FOR (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY DEPENDENT CHILDREN.—Section 1448(d) of such 18 title is amended— 19 20 21 22 23 24 25 (1) in paragraph (1). 14 United States Code. and (2) in paragraph (2)— (A) DREN. United States Code. by striking ‘‘Except as provided in paragraph (2)(B). the Secretary concerned’’ and inserting ‘‘The Secretary concerned’’.255 1 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 2 benefits may be paid to any person for any period before 3 the effective date provided under subsection (f) by reason 4 of the amendments made by subsection (a).

’’ and inserting ‘‘DEPENDENT CHILDREN ANNU- ITY WHEN NO ELIGIBLE SURVIVING SPOUSE. 14 as in effect on the day before the effective date provided 15 under subsection (f). or whose second or sub22 sequent marriage has been terminated by death. (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY 8 ELIGIBLE SPOUSES.— In the case of a member described in paragraph (1). Such eligibility shall be restored 16 whether or not payment to such child or children subse17 quently was terminated due to loss of dependent status 18 or death. † S 1867 ES .’’. and (B) by striking subparagraph (B). For the purposes of this subsection.—The Secretary of the military de9 partment concerned shall restore annuity eligibility to any 10 eligible surviving spouse who. an eligible 19 spouse includes a spouse who was previously eligible for 20 payment of such annuity and is not remarried. or remar21 ried after having attained age 55. previously elected to transfer payment of such an12 nuity to a surviving child or children under the provisions 13 of section 1448(d)(2)(B) of title 10. divorce 23 or annulment. in consultation with the Sec11 retary. United States Code.256 1 2 3 4 5 6 7 case of a member described in paragraph (1).

to 22 full-time National Guard duty under title 32. is 15 amended by adding at the end the following new para16 graph: 17 ‘‘(6) The rate of basic allowance for housing to be 18 paid a member of the Army National Guard of the United 19 States or the Air National Guard of the United States 20 shall not be reduced upon the transition of the member 21 from active duty under title 10. United States Code. to active duty under title 10.—The sections and the amend- 2 ments made by this section shall take effect on the later 3 of— 4 5 6 7 8 9 10 11 12 13 14 (1) the first day of the first month that begins after the date of the enactment of this Act. United States Code.257 1 (f) EFFECTIVE DATE. Section 403(g) of title 37. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR NATIONAL GUARD MEMBERS WHO TRANSITION BETWEEN ACTIVE DUTY AND FULL-TIME NATIONAL GUARD DUTY WITHOUT A BREAK IN ACTIVE SERVICE. or from full-time National Guard duty under 24 title 32. United States Code. or (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted. United 23 States Code. † S 1867 ES . Subtitle D—Pay and Allowances SEC.

—(1) Whenever after September 30. when the transition occurs without 2 a break in active service of at least one calendar day’’. (e). (e). 701.258 1 United States Code. United 9 States Code. (d). (f). and (g). and (2) by inserting after subsection (b) the following new subsection (c): ‘‘(c) COST-OF-LIVING ADJUSTMENT IN ENROLLMENT 16 FEE.—Section 1097a of title 10. is amended— 10 11 12 13 14 15 (1) by redesignating subsections (c). and (f) as subsections (d). In determining the amount of the increase in such 25 retired pay for purposes of this subsection. the Sec17 retary of Defense increases the retired pay of members 18 and former members of the armed forces pursuant to sec19 tion 1401a of this title. the Secretary shall increase the 20 amount of the fee payable for enrollment in TRICARE 21 Prime by an amount equal to the percentage of such fee 22 payable on the day before the date of the increase of such 23 fee that is equal to the percentage increase in such retired 24 pay. 3 4 5 6 7 8 TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE Program SEC. (a) IN GENERAL. ANNUAL COST-OF-LIVING ADJUSTMENT IN ENROLLMENT FEES IN TRICARE PRIME. 2012. respectively. the Secretary † S 1867 ES .

—The heading of such section is amended to read as follows: 12 ‘‘§ 1097a.’’. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS UNDER THE TRICARE PROGRAM.259 1 shall use the amount computed pursuant to section 2 1401a(b)(2) of this title. 18 19 20 SEC. en13 14 15 16 17 rollment fee. is 21 amended by adding at the end the following new para22 graph: 23 ‘‘(3) In establishing rates and procedures for reim- 24 bursement of providers and other administrative require† S 1867 ES . Section 1097b(a) of title 10.— (1) HEADING AMENDMENT. 702. TRICARE Prime: automatic enrollment. TRICARE Prime: automatic enrollment. The increase in such fee shall 3 be effective as of January 1 following the date of the in4 crease in such retired pay.—The table of sec- tions at the beginning of chapter 55 of such title is amended by striking the item relating to section 1097a and inserting the following new item: ‘‘1097a. 9 10 11 (b) CONFORMING AND CLERICAL AMENDMENTS. (2) CLERICAL AMENDMENT. United States Code.’’. payment options’’. enrollment fee. 5 ‘‘(2) The Secretary shall publish in the Federal Reg- 6 ister the amount of the fee payable for enrollment in 7 TRICARE Prime whenever increased pursuant to this 8 subsection. payment options.

21 United States Code) who is also entitled to hospital insur22 ance benefits under part A of title XVIII of the Social 23 Security Act due to age may not enroll in the managed 24 care program of a designated provider unless the bene- † S 1867 ES . the Secretary shall to the extent practicable 3 maintain adequate networks of providers. a covered beneficiary 20 (other than a beneficiary under section 1079 of title 10. 1073 note) is amend13 ed— 14 15 16 17 18 19 (1) by striking ‘‘If a covered beneficiary’’ and inserting ‘‘(1) Except as provided in paragraph (2). including those contained in provider network 2 agreements. and pharmacy. professional. TRANSITION ENROLLMENT OF UNIFORMED SERVICES FAMILY HEALTH PLAN MEDICARE-ELIGIBLE RETIREES TO TRICARE FOR LIFE.260 1 ments. Network providers 5 under such provider network agreements are not consid6 ered subcontractors for purposes of the Federal Acquisi7 tion Regulation or any other law. including insti4 tutional. and (2) by adding at the end the following new paragraph: ‘‘(2) After September 30. if a covered beneficiary’’.’’.S. 2011.C. 703. 8 9 10 11 SEC. Section 724(e) of the National Defense Authorization 12 Act for Fiscal Year 1997 (10 U.

S. or the possessions of the United States. by not later than three years after the services are provided.261 1 ficiary was enrolled in that program on September 30. 190. is 19 amended by striking ‘‘not later than’’ and all that follows 20 and inserting the following: ‘‘as follows: 21 22 23 24 ‘‘(1) In the case of services provided outside the United States. 1073 note) by striking ‘‘2011’’ 10 and inserting ‘‘2015’’. 704. (a) SCOPE OF CERTAIN SURVEYS.C. † S 1867 ES . 10 U.—Subsection OF SUBMITTAL OF GAO RE- (b)(2) of such section is amended by 13 striking ‘‘bi-annual basis’’ and inserting ‘‘biennial basis’’. 11 12 (b) FREQUENCY VIEWS. United States Code.’’. Section 1106(b) of title 10. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS UNDER THE TRICARE PROGRAM FOR CARE PROVIDED OUTSIDE THE UNITED STATES. 9 122 Stat. 705. 2 2011. the Commonwealth of Puerto Rico.—Subsection 7 (a)(3)(A) of section 711 of the National Defense Author8 ization Act for Fiscal Year 2008 (Public Law 110–181. 14 15 16 17 18 SEC. MODIFICATION OF AUTHORITIES ON SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND TRICARE EXTRA. 3 4 5 6 SEC.

Section 1040(a) of title 10. required 16 medical attention of a dependent includes.’’. in the case of 17 a dependent authorized to accompany a member at a loca18 tion described in that paragraph. United States Code. and (2) by adding at the end the following new paragraph: ‘‘(2)(A) For purposes of paragraph (1).262 1 2 3 4 5 6 7 8 9 10 ‘‘(2) In the case of any other services. 711. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR COMMAND-SPONSORED DEPENDENTS OF MEMBERS ASSIGNED TO REMOTE LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES. Subtitle B—Other Health Care Benefits SEC. is 11 amended— 12 13 14 15 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’. 22 ‘‘(B) In the case of a dependent at a remote location 23 outside the continental United States who elects services 24 described in subparagraph (A) and for whom air transpor25 tation would be needed to travel under paragraph (1) to † S 1867 ES . obstetrical anesthesia 19 services for childbirth equivalent to the obstetrical anes20 thesia services for childbirth available in a military treat21 ment facility in the United States. by not later than one year after the services are provided.

20 ‘‘(E) The authority under this paragraph shall expire 21 on September 30.’’. the Secretary may authorize the 3 dependent to receive transportation under that paragraph 4 to the continental United States and be treated at the 5 military treatment facility that can provide appropriate 6 obstetrical services that is nearest to the closest port of 7 entry into the continental United States from such remote 8 location. 9 ‘‘(C) The second through sixth sentences of para- 10 graph (1) shall apply to a dependent provided transpor11 tation by reason of this paragraph. 2016.263 1 the nearest appropriate medical facility in which adequate 2 medical care is available. † S 1867 ES . 12 ‘‘(D) The total cost incurred by the United States 13 for the provision of transportation and expenses (including 14 per diem) with respect to a dependent by reason of this 15 paragraph may not exceed the cost the United States 16 would otherwise incur for the provision of transportation 17 and expenses with respect to that dependent under para18 graph (1) if the transportation and expenses were provided 19 to that dependent without regard to this paragraph.

6 is amended by adding at the end the following new sen7 tence: ‘‘For purposes of the preceding sentence.—Chapter 55 of title 10. is amended by inserting after section 1090 the following new section: 21 ‘‘§ 1090a.264 1 2 3 4 5 SEC.— AND IMPROVEMENT OF PROCE- (1) IN GENERAL. (a) CODIFICATION DURES. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR MENTAL HEALTH EVALUATIONS FOR MEMBERS OF THE ARMED FORCES. 712. in the case 8 of a member on active duty as described in subparagraph 9 (B). Commanding officer and supervisor refer22 23 24 rals of members for mental health evaluations ‘‘(a) REGULATIONS. United States Code. 13 14 15 16 17 18 19 20 SEC. or (D) of paragraph (2) who. the 11 180-day period shall begin on the date on which the mem12 ber is separated from such extended active duty. 713. is extended on active duty for any reason. (C). United States Code. without a break 10 in service.—The Secretary of Defense shall 25 prescribe and maintain regulations relating to com26 manding officer and supervisor referrals of members of † S 1867 ES . 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.

(c). and ‘‘(2) clarify the appropriate action to be taken by commanders or supervisory personnel who. believe that a subordinate may require a mental health evaluation. ‘‘(c) PROCEDURES FOR INPATIENT EVALUATIONS. to the greatest 7 extent possible— 8 9 10 11 12 13 14 15 16 17 ‘‘(1) seek to eliminate perceived stigma associated with seeking and receiving mental health services. in good faith. The regu2 lations shall incorporate the requirements set forth in sub3 sections (b). 5 ‘‘(b) REDUCTION OF PERCEIVED STIGMA.265 1 the armed forces for mental health evaluations.—The reg- 6 ulations required by subsection (a) shall. promoting the use of mental health services on a basis comparable to the use of other medical and health services. and (d) and such other matters as the 4 Secretary considers appropriate. when a commander or supervise determines that it 20 is necessary to refer a member of the armed forces for 21 a mental health evaluation— 22 23 24 ‘‘(1) the mental health evaluation shall only be conducted on an inpatient basis if and when such an evaluation cannot appropriately or reasonably be † S 1867 ES .— 18 The regulations required by subsection (a) shall provide 19 that.

may admit the member pursuant to the referral for a mental health evaluation to be conducted on an inpatient basis.266 1 2 3 4 5 6 7 8 conducted on an outpatient basis.—(1) The regulations required by sub11 section (a) shall provide that no person may refer a mem12 ber of the armed forces for a mental health evaluation as 13 a reprisal for making or preparing a lawful communication 14 of the type described in section 1034(c)(2) of this title. 21 when taken as a reprisal for a communication referred to 22 in paragraph (1). and ‘‘(2) only a psychiatrist. Persons not subject to chapter 47 of 25 this title (the Uniform Code of Military Justice) who fail † S 1867 ES . may be the basis for a proceeding under 23 section 892 of this title (article 92 of the Uniform Code 24 of Military Justice). ‘‘(d) PROHIBITION ON USE OF REFERRALS FOR 9 MENTAL HEALTH EVALUATIONS TO RETALIATE AGAINST 10 WHISTLEBLOWERS. or. 15 and applicable regulations. For purposes of this sub16 section. another mental health professional or a physician. in accordance with the least restrictive alternative principle. 19 ‘‘(2) Such regulations shall provide that a referral for 20 a mental health evaluation by a commander or supervisor. such communication also shall include a commu17 nication to any appropriate authority in the chain of com18 mand of the member. in cases in which a psychiatrist is not available.

‘‘(B) An officer of the armed forces assigned or detailed under regulations of the Secretary concerned to serve as an Inspector General at any command level in one of the armed forces. or a psychiatric clinical nurse specialist. ‘‘(2) The term ‘mental health professional’ means a psychiatrist or clinical psychologist.267 1 to comply with the provisions of this section are subject 2 to adverse administrative action. 5 attorney. 3 ‘‘(3)(A) No person may restrict a member of the 4 armed forces in communicating with an Inspector General.). or others about the referral 6 of a member of the armed forces for a mental health eval7 uation.S.C. App. 8 ‘‘(B) Subparagraph (A) does not apply to a commu- 9 nication that is unlawful. † S 1867 ES . member of Congress.—In this section: ‘‘(1) The term ‘Inspector General’ means the following: ‘‘(A) An Inspector General appointed under the Inspector General Act of 1978 (5 U. a person with a doctorate in clinical social work. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(e) DEFINITIONS.

’’. 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.268 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(3) The term ‘mental health evaluation’ means a psychiatric examination or evaluation.—Section 546 of the Na- 24 tional Defense Authorization Act for Fiscal Year 1993 † S 1867 ES . Commanding officer and supervisor referrals of members for mental health evaluations.’’. 23 (b) CONFORMING REPEAL. ‘‘(4) 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. an examination for psychiatric or psychological fitness for duty.—The table of sec- tions 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. or any other means of assessing the state of mental health of a member of the armed forces. a psychological examination or evaluation.

† S 1867 ES .S. Section 1094(d) of title 10. EXPANSION OF STATE LICENSURE EXCEPTIONS FOR CERTAIN MENTAL HEALTH-CARE PROFESSIONALS.C. 2416. is 9 amended— 10 11 12 13 14 (1) in paragraph (1)— (A) by inserting ‘‘(A)’’ after ‘‘(1)’’. so long as the practice is within the scope 23 of the authorized Federal duties specified in that subpara24 graph. and (B) by adding at the end the following new subparagraph: ‘‘(B) Notwithstanding any law regarding the licen- 15 sure of health care providers. a health-care professional 16 described in paragraph (4) may perform the duties relat17 ing to mental health care specified in the regulations 18 under subparagraph (B) of that paragraph at any location 19 in any State. 3 4 5 6 7 8 Subtitle C—Health Care Administration SEC. re21 gardless of where such health-care professional or the pa22 tient are located. 721. United States Code. 10 U. 1074 2 note) is repealed. the District of Columbia. 106 Stat.’’. territory or possession of the United States.269 1 (Public Law 102–484. or a Common20 wealth.

CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE RECORDS. SEC. or another health profession. or other health10 care professional credentialed and privileged at a Federal 11 health care institution or location specially designated by 12 the Secretary for purposes of that paragraph who— 13 14 15 16 17 18 19 20 21 22 ‘‘(A) has a current license to practice medicine. osteopathic medicine. 722. civilian 8 employee of the Department of Defense. by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’. United 23 States Code. and (3) by adding at the end the following new paragraph: ‘‘(4) A health-care professional referred to in para- 7 graph (1)(B) is a member of the armed forces.270 1 2 3 4 5 6 (2) in paragraphs (2) and (3). (a) IN GENERAL. and ‘‘(B) is performing such authorized duties relating to mental health care for the Department of Defense as the Secretary shall prescribe in regulations for purposes of this paragraph.’’.—Section 1102(j) of title 10. personal services 9 contractor under section 1091 of this title. is amended— † S 1867 ES .

271 1 2 3 4 5 6 7 8 9 (1) in paragraph (1). United States Code. is 24 amended by adding at the end the following new para25 graph: † S 1867 ES . ACQUISITION MANAGEMENT. AND RELATED MATTERS Subtitle A—Provisions Relating to Major Defense Acquisition Programs SEC. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE APPROVAL FOR CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS EXPERIENCING CRITICAL COST GROWTH DUE TO CHANGE IN QUANTITY PURCHASED.’’. and (2) by adding at the end the following new paragraph: ‘‘(4) The term ‘peer review’ means an assessment of professional performance by professionallyequivalent health care providers.—The amendments made by 10 subsection (a) shall take effect on January 1. (b) EFFECTIVE DATE. by striking ‘‘any activity carried out’’ and inserting ‘‘any peer review activity carried out’’. 2012. Section 2433a(c) of title 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 TITLE VIII—ACQUISITION POLICY. 801.

a delay in the program.272 1 ‘‘(3)(A) The requirements of subparagraphs (B) and 2 (C) of paragraph (1) shall not apply to a program or sub3 program if— 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(i) the Milestone Decision Authority determines in writing. ‘‘(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 † S 1867 ES . and ‘‘(II) the change in quantity of items described in subclause (I) was not made as a result of an increase in program cost. that— ‘‘(I) but for a change in the quantity of items to be purchased under the program or subprogram. on the basis of a cost assessment and root cause analysis conducted pursuant to subsection (a). or a problem meeting program requirements. 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).

‘‘(B) The cost growth thresholds specified in this sub- 14 paragraph are as follows: 15 16 17 18 19 20 21 22 23 24 ‘‘(i) In the case of a major defense acquisition program or designated major defense subprogram. and ‘‘(II) 10 percent over the program acquisition unit cost for the program or subprogram † S 1867 ES . and ‘‘(II) a copy of the written determination under clause (ii) and an explanation of the basis for the determination.273 1 2 3 4 5 6 7 8 9 10 11 12 13 ‘‘(iii) the Secretary submits to Congress. 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. 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.

25 2366a note) is repealed. † S 1867 ES . 123 Stat.C.274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 as shown in the original Baseline Estimate for the program or subprogram. 1723. MODIFICATION OF CERTAIN REQUIREMENTS OF THE WEAPON SYSTEMS ACQUISITION RE- FORM ACT OF 2009.’’. (a) REPEAL OF CERTIFICATION OF COMPLIANCE OF 20 CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS 21 WITH ACTIONS ON TREATMENT OF SYSTEMIC PROBLEMS 22 BEFORE MILESTONE APPROVAL. ‘‘(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. 802. 10 U. SEC.—Subsection (c) of sec23 tion 204 of the Weapon Systems Acquisition Reform Act 24 of 2009 (Public Law 111–23. 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.S.

and ‘‘(ii) the milestone decision authority has taken appropriate alternative actions to address the underlying purposes of such certification component. to the congressional defense committees. is amended by adding the following new 5 paragraph: 6 ‘‘(3) The requirement in paragraph (2)(B) shall not 7 apply to a program for which a certification was required 8 pursuant to section 2433a(c) of this title if the milestone 9 decision authority— 10 11 12 13 14 15 16 17 18 19 20 21 ‘‘(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.275 1 2 (b) WAIVER GRAMS OF REQUIREMENT TO REVIEW PROOR RECEIVING WAIVER CERTAIN CERTIFICATION 3 REQUIREMENTS.’’.—Section 2366b(d) of title 10. and ‘‘(B) submits the written determination. † S 1867 ES . and an explanation of the basis for the determination. United 4 States Code.

at a minimum— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) 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.—Not later than 180 days 5 after the date of the enactment of this Act. manage. (a) GUIDANCE REQUIRED. 803. the Secretary 6 of Defense shall issue guidance on actions to be taken to 7 assess.—The guidance required by sub- 10 section (a) shall. (2) 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. together with supporting documentation used to develop the estimate. MANAGEMENT. 9 (b) ELEMENTS. AND CONTROL OF OPERATING AND SUPPORT COSTS FOR MAJOR WEAPON SYSTEMS. and control Department of Defense costs 8 for the operation and support of major weapon systems. and identify and record reasons for variances. (3) 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 † S 1867 ES . ASSESSMENT.276 1 2 3 4 SEC.

277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to ensure that they collect complete and accurate data in compliance with such requirements and make such data available in a timely manner. and develop contract clauses to ensure that contractors comply with such requirements. and (B) to use such data to inform system design decisions. and inform estimates of operating and support costs for such systems. provide insight into sustainment costs. (5) 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. (4) 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. (6) 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 † S 1867 ES .

and (9) 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 † S 1867 ES . and effective strategies for managing such costs. developing sound sustainment strategies. and maintainability of such systems at an affordable cost. changes to system design that could reduce such costs. and addressing key drivers of costs. (8) include— (A) reliability metrics for major weapon systems.278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in development. and (ii) to develop strategies for improving reliability. availability. (7) 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. 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.

† S 1867 ES .— (1) IN GENERAL.279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 factors resulting in growth in operating and support costs and adapt support strategies to reduce such costs. (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. (2) SUPPORT. and (C) with the concurrence of the Under Secretary of Defense for Acquisition. (c) RETENTION PORT OF DATA ON OPERATING AND SUP- COSTS. supporting documentation. and actual operating and support costs for major weapon systems. 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.—The Secretary of Defense shall ensure that the Director.—The Director of Cost Assess- ment and Program Evaluation shall be responsible for developing and maintaining a database on operating and support estimates. Technology.

280 1 2 3 4 and Logistics. (4). United States Code. (3) by redesignating subparagraph (B) as paragraph (2) and indenting such paragraph two ems from the left margin. CLARIFICATION OF RESPONSIBILITY FOR COST ANALYSES AND TARGETS FOR CONTRACT NEGOTIATION PURPOSES. United 7 States Code. and (B) by striking ‘‘. and (5). (d) MAJOR WEAPON SYSTEM DEFINED. respectively. Section 2334(e) of title 10. 804.—In this sec- 5 tion. is 12 amended— 13 14 15 16 17 18 19 20 21 22 23 24 riod. 8 9 10 11 SEC. may direct the military departments to collect and retain information necessary to support the database. the term ‘‘major weapon system’’ has the meaning 6 given that term in section 2379(f) of title 10. and’’ and inserting a pe- † S 1867 ES . (3). (1) by redesignating paragraphs (2). (2) in paragraph (1)— (A) by striking ‘‘shall provide that—’’ and all that follows through ‘‘cost estimates’’ and inserting ‘‘shall provide that cost estimates’’. and (4) as paragraphs (3).

C. by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’. 124 Stat. in consultation with the Director of Cost Assessment and Program Evaluation. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON MANAGEMENT OF MANUFAC- TURING RISK IN MAJOR DEFENSE ACQUISITION PROGRAMS. and Logistics shall. 2430 note) is amended— † S 1867 ES . 10 U. as redesignated by paragraph (1) of this section. and (6) in paragraph (5). 4264.281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (4) in paragraph (2) as redesignated by paragraph (3) of this section. as redesignated by paragraph (1) of this section. 805. by striking ‘‘issued by the Director of Cost Assessment and Program Evaluation’’ and inserting ‘‘issued by the Under Secretary of Defense for Acquisition. Technology. Technology. develop policies. procedures. and guidance to ensure that cost analyses and targets’’. and Logistics under paragraph (2)’’. Section 812(b) of the Ike Skelton National Defense 23 Authorization Act for Fiscal Year 2011 (Public Law 111– 24 383.S. (5) in paragraph (3). SEC. by striking ‘‘cost analyses and targets’’ and inserting ‘‘The Under Secretary of Defense for Acquisition.

as amended by section 805(c) of the National 21 Defense Authorization Act for Fiscal Year 2010 (Public 22 Law 110–181. 120 20 Stat. SEC. CHIEF DEVELOPMENTAL TESTER. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION FOR MAJOR DEFENSE ACQUISITION PROGRAMS.—Section 18 820(a) of the John Warner National Defense Authoriza19 tion Act for Fiscal Year 2007 (Public Law 109–364. 2403). 806.282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (a) (1) by striking ‘‘manufacturing readiness levels’’ each place it appears and inserting ‘‘manufacturing readiness levels or other manufacturing readiness standards’’. 123 Stat.’’. respectively. 2330). 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. is further amended— 23 24 (1) by redesignating paragraph (6) as paragraph (7). and † S 1867 ES . (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6).

is amended— 8 9 10 11 12 13 (1) by redesignating subsections (c). and (e) as subsections (d). (b) RESPONSIBILITIES AND OF CHIEF DEVELOPMENTAL AND 5 TESTER 6 UATION LEAD DEVELOPMENTAL TEST EVAL- ORGANIZATION.—The OF CHIEF DEVELOP- chief developmental tester for a major defense acquisition program shall be responsible for— † S 1867 ES .283 1 2 3 4 (2) by inserting after paragraph (5) the following new paragraph (6): ‘‘(6) Chief developmental tester. serving as lead developmental test and evaluation organization for the program. and ‘‘(B) a governmental test agency.—Section 139b of title 10. United 7 States Code. respectively. ‘‘(2) RESPONSIBILITIES MENTAL TESTER. (d).— 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) SUPPORT. (e).—The Secretary of Defense shall require that each major defense acquisition program be supported by— ‘‘(A) a chief developmental tester.’’. and (f). and (2) by inserting after subsection (b) the following new subsection (c): ‘‘(c) SUPPORT MENTAL OF MDAPS BY CHIEF DEVELOPAND TESTER AND LEAD DEVELOPMENTAL TEST 14 EVALUATION ORGANIZATION.

objective judgments about contractor developmental test and evaluation results under the program. management. and ‘‘(C) helping program managers make technically informed. ‘‘(3) RESPONSIBILITIES OF LEAD DEVELOP- MENTAL TEST AND EVALUATION ORGANIZATION. and oversight of all developmental test and evaluation activities for the program.— 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. as directed by the chief developmental tester. ‘‘(B) maintaining insight into contractor activities under the program and overseeing the test and evaluation activities of other participating government activities under the program. ‘‘(B) conducting developmental testing and evaluation activities for the program.284 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(A) coordinating the planning. and ‘‘(C) assisting the chief developmental tester in providing oversight of contractors † S 1867 ES .

(a) ASSESSMENT OF RISK REQUIRED.’’. 807. SEC.C. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN COUNTRIES. objective judgments about contractor developmental test and evaluation results under the program.— (1) IN GENERAL.S. (2) PREPARATION.—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.—The Secretary shall prepare each report required by paragraph (1) in consultation with the Under Secretary of Defense for † S 1867 ES .285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under the program and in reaching technically informed. 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. 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.

requirements associated with the oversight and management of a † S 1867 ES . Technology. 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. (4) A listing of which. and integration risks associated with developing and procuring the weapon system to be procured under the cooperative project. (b) ELEMENTS. technical.286 1 2 3 4 5 Acquisition. if any. (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). the Assistant Secretary of Defense for Research and Engineering. and Logistics. manufacturing. and the Director of Cost Assessment and Program Evaluation of the Department of Defense.—The risk assessment on a coopera- 6 tive project under subsection (a) shall include the fol7 lowing: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) An assessment of the design. (2) A statement identifying any termination liability that would be incurred under the development contract to be entered into under subsection (a)(1).

accurate. in carrying out the development contract to be entered into under (a)(1). (a) STRATEGY ON INCLUSION REQUIRED.287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 major defense acquisition program (as prescribed under Department of Defense Instruction 5000. United States Code.02 or related authorities) will be waived. Subtitle B—Acquisition Policy and Management SEC. and a full explanation why such requirements need to be waived or modified. (c) DEFINITIONS. 821. Tech23 nology. and Logistics shall develop a strategy for ensuring 24 that timely. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN PAST PERFORMANCE DATABASES FOR SOURCE SELECTION DECISIONS. and complete information on con- † S 1867 ES . or in any way modified.02.—Not later 21 than 180 days after the date of the enactment of this Act. 22 the Under Secretary of Defense for Acquisition. (2) The term ‘‘major weapon system’’ has the meaning given that term in section 2379(f) of title 10.—In this section: (1) The term ‘‘engineering and manufacturing development’’ has the meaning given that term in Department of Defense Instruction 5000.

288 1 tractor performance is included in past performance data2 bases used for making source selection decisions. Technology. 3 (b) ELEMENTS. the Under 17 Secretary of Defense for Acquisition. (2) assign responsibility and management accountability for the completeness of past performance submissions for such purposes.—Not later than 180 16 days after the date of the enactment of this Act. (c) CONTRACTOR COMMENTS. and (3) ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where such evaluations have been conducted. † S 1867 ES . and Lo18 gistics shall revise the Defense Supplement to the Federal 19 Acquisition Regulation to require the following: 20 21 22 23 (1) That agency evaluations of contractor past performance are included in the relevant past performance database as soon as such evaluations are completed. at a minimum— 5 6 7 8 9 10 11 12 13 14 15 (1) establish standards for the timeliness and completeness of past performance submissions for purposes of databases described in subsection (a).—The strategy required by subsection 4 (a) shall.

24 and Logistics shall. or additional information pertaining to such agency evaluations for inclusion in such database. Technology. the Comptroller General of the United States shall 12 submit to the congressional defense committees a report 13 on the actions taken by the Under Secretary of Defense 14 for Acquisition.289 1 2 3 4 5 6 7 8 9 (2) That affected contractors are notified in a timely manner when such agency evaluations are entered into such database.—Not later than 22 180 days after the date of the enactment of this Act. † S 1867 ES . (d) COMPTROLLER GENERAL REPORT. (a) PLAN FOR IMPLEMENTATION. (3) That such contractors are afforded a reasonable opportunity to submit comments. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE SCIENCE BOARD TASK FORCE ON SERVICE CONTRACTING.—Not later 10 than 18 months after the date of the enactment of this 11 Act. acting pursuant to the Under Sec25 retary’s responsibility under section 2330 of title 10. Technology. and Logistics pursuant to 15 this section. including an assessment of the extent to 16 which such actions have achieved the objectives of this sec17 tion. 822. rebutting statements. the 23 Under Secretary of Defense for Acquisition. 18 19 20 21 SEC.

—The plan developed pursuant to 5 subsection (a) shall include. which can be built into the inventory of contract services required by section 2330a(c) of title 10. develop a plan for implementing the 2 recommendations of the Defense Science Board Task 3 Force on Improvements to Service Contracting. the following: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) A meaningful taxonomy to track services. 4 (b) ELEMENTS. definitions. † S 1867 ES .290 1 United States Code. United States Code.S. and performance measures for each portfolio of contract services which can be used for the purposes of performance assessments conducted pursuant to section 2548 of title 10. 2330 note). 215. to the extent determined ap6 propriate by the Under Secretary for Acquisition. United States Code. 10 U. (3) Meaningful incentives to service contractors for high performance at low cost. Tech7 nology. and Logistics. and independent management reviews conducted pursuant to section 808 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181.C. consistent with the objectives of the Better Buying Power Initiative established by the Under Secretary. 122 Stat. (2) Standards.

United States Code. (7) 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. (8) Policies and guidance on career development for services acquisition personnel. (5) Clear guidance for defense acquisition personnel on the use of appropriate contract types for particular categories of services contracts. consistent with the requirements of sections 1723 and 1724 of title 10.291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) Improved means of communication between the Government and the services contracting industry in the process of developing requirements for services contracts. and the funds available through the Department of Defense Acquisition Workforce Development Fund established pursuant to section 1705 of title 10. United States Code. consistent with the requirements of sections 1722a and 1722b of title 10. (6) Formal certification and training requirements for services acquisition personnel. United States Code. United States Code. (9) Actions to ensure that the military departments dedicate portfolio-specific commodity man- † S 1867 ES .

(4) The extent to which the actions described in paragraphs (1). and Logistics to carry out the requirements of this section.292 1 2 3 4 5 6 7 8 9 agers to coordinate the procurement of key categories of contract services. (2). and (3) have resulted in the im- † S 1867 ES . the Comptroller General of the United States shall 12 submit to the congressional defense committees a report 13 on the following: 14 15 16 17 18 19 20 21 22 23 24 (1) The actions taken by the Under Secretary of Defense for Acquisition. (10) Actions to ensure that the Department of Defense conducts realistic exercises and training that account for services contracting during contingency operations. (3) The actions taken by the military departments to carry out the requirements of section 2330 of title 10. United States Code. as required by section 2333(e) of title 10. as required by section 2330(b)(3)(C) of title 10. (c) COMPTROLLER GENERAL REPORT. United States Code. (2) The actions taken by the Under Secretary to carry out the requirements of section 2330 of title 10. United States Code. Technology.—Not later 10 than 18 months after the date of the enactment of this 11 Act. United States Code.

15 (b) EXCEPTION. United States Code) adjusted 13 for net transfers from funding for overseas contingency 14 operations.293 1 2 3 4 5 6 proved acquisition and management of contract services. the Secretary shall issue † S 1867 ES .—Notwithstanding the limitation in 16 subsection (a). the total amount obligated by the Depart17 ment for contract services in fiscal year 2012 or 2013 may 18 exceed the amount otherwise provided pursuant to sub19 section (a) by an amount elected by the Secretary that 20 is not greater than the cost of any increase in such fiscal 21 year in the number of civilian billets at the Department 22 that has been approved by the Secretary over the number 23 of such billets at the Department in fiscal year 2010. 24 (c) GUIDANCE.—Not later than 60 days after the 25 date of the enactment of this Act. (a) LIMITATION. SEC. 823.—Except as provided in subsection 7 (b). TEMPORARY LIMITATION ON AGGREGATE ANNUAL AMOUNT AVAILABLE FOR CONTRACT SERVICES. the total amount obligated by the Department of De8 fense for contract services in fiscal year 2012 or 2013 may 9 not exceed the total amount requested for the Department 10 for contract services in the budget of the President for 11 fiscal year 2010 (as submitted to Congress pursuant to 12 section 1105(b) of title 31.

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 $10.294 1 guidance to the military departments and the Defense 2 Agencies on implementation of this section during fiscal 3 years 2012 and 2013. at a min4 imum— 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (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. (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 † S 1867 ES .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 2010.000. The guidance shall.

and section 812(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163. except that the term does not include services that are funded out of amounts available for overseas contingency operations. † S 1867 ES . 2330 note) to provide oversight and ensure the implementation of the requirements of this section during fiscal years 2012 and 2013. 3378.C. United States Code. (d) DEFINITIONS. United States Code. and (B) contracts for the performance of functions closely associated with inherently governmental functions.295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 being responsible for the performance of inherently governmental functions.—In this section: (1) The term ‘‘contract services’’ has the meaning given that term in section 235 of title 10. and (5) assign responsibility to the management officials designated pursuant to section 2330 of title 10.S. (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. 10 U. 119 Stat.

10 U.C. United States Code. 2306a note) is amended— † S 1867 ES .—Paragraph (2) of section 817(d) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107– 314.S. United States Code). (a) ANNUAL REPORT. including. 824. 2611. contractor personnel who perform personal services contracts (as that term is defined in section 2330a(g)(5) of title 10.— (1) IN GENERAL.296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) The term ‘‘function closely associated with inherently governmental functions’’ has the meaning given that term in section 2383(b)(3) of title 10. ANNUAL REPORT ON SINGLE-AWARD TASK AND DELIVERY ORDER CONTRACTS. but not limited to. 116 Stat. (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. (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.

(2) by striking ‘‘(A)’’.000.’’. (ii). an explanation of the basis for the determination. by striking the period at the end and inserting ‘‘. (B) in subparagraph (B). (B). (iii). United QUIREMENT. of paragraph (1). 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. is amended— 21 22 23 24 25 (1) by striking subparagraph (B).—The heading of such section is amended by striking ‘‘WITH PRICE OR VALUE GREATER THAN $15.297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (A) in subparagraph (A). respectively. by striking ‘‘and’’ at the end. OF (b) REPEAL CASE-BY-CASE REPORTING RE2304a(d)(3) of title 10. and (D). and (iv) as subparagraphs (A).—Section 20 States Code. (C). (2) CONFORMING AMENDMENT. (3) by redesignating clauses (i). United States Code.000 to a single source. and’’. and † S 1867 ES . 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.

—Not later than 180 days after the 9 date of the enactment of this Act.298 1 2 3 4 5 6 7 8 (4) in subparagraph (B). (2) commence implementation of any modifications of policies and practices that the Under Secretary considers appropriate in light of such recommendations to improve corrosion prevention and control in new weapon systems. and Logistics. by redesignating subclauses (I) and (II) as clauses (i) and (ii). the Under Secretary 10 of Defense for Acquisition. 825. for purposes of ensuring that corrosion 13 prevention and control are addressed early in the develop14 ment and acquisition of weapon systems— 15 16 17 18 19 20 21 22 23 24 (1) identify and disseminate throughout the Department of Defense recommendations from the 2010 Corrosion Evaluation of the F–22 Raptor and F–35 Lightning II Joint Strike Fighter that are applicable Department-wide. as redesignated by paragraph (3). Technology. respectively. SEC. in 11 consultation with the Director of Corrosion Policy and 12 Oversight. INCORPORATION OF CORROSION PREVENTION AND CONTROL INTO REQUIREMENTS APPLICABLE TO DEVELOPMENT AND ACQUISITION OF WEAPON SYSTEMS. shall. (a) IN GENERAL. and † S 1867 ES .

—In carrying out subsection (a). the following: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Investment in research and development that increases the understanding of corrosion on materials and processes for weapon systems. (2) Development and dissemination of expertise on corrosion in the acquisition programs for weapon systems and in the processes for developing requirements for weapon systems. metrics. (4) Establishment of new test protocols and methodologies with respect to corrosion in new materials and processes for weapon systems. (b) PLAN. (3) Reestablishment of appropriate military specifications and standards regarding corrosion resistance in weapon systems. (5) Development of contract language. the Under 7 Secretary of Defense for Acquisition. and incentives to improve the emphasis on corrosion † S 1867 ES . and Lo8 gistics shall develop a plan to achieve. to the extent and 9 in a manner the Under Secretary determines to be feasible 10 and appropriate. Technology.299 1 2 3 4 5 6 (3) establish a process for monitoring and assessing the effectiveness of the actions taken by the Department pursuant to paragraph (2) to improve corrosion prevention and control in new weapon systems.

(c) CORROSION CONTROL CRAFT IN CERTAIN FIGHTER AIR- PROGRAMS. and (C) establish and implement processes for monitoring and assessing the effectiveness of † S 1867 ES . the Under Secretary of Defense for Acquisition.—Not later than 180 days after the date of the enactment of this Act.— (1) IN GENERAL. (6) Development of a corrosion-focused design decision methodology to support acquisition programs for weapon systems when required to evaluate alternative designs and help quantify future operation and sustainment costs. Technology.300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 prevention and control and the effects of corrosion on life cycle costs in weapon systems. and Logistics shall— (A) identify in the Corrosion Evaluation referred to in subsection (a) specific recommendations on corrosion prevention and control that are applicable to the F–22 Raptor aircraft and to the F–35 Lightning II Joint Strike Fighter aircraft. (B) commence implementation of appropriate actions to put the recommendations described in subparagraph (A) into effect.

—The actions imple- mented under paragraph (1) with respect to the F– 35 Lightning II Joint Strike Fighter aircraft shall include actions as follows: (A) The updating of the F–35 Corrosion Prevention and Control Plan with lessons learned from corrosion prevention and control for the F–22 Raptor aircraft. (2) ACTIONS ON F–22 RAPTOR AIRCRAFT. and ensuring that— (i) such test robustly addresses the effects of severe wet weather. (B) Planning for a full climatic test earlier in the acquisition schedule. and appropriate test and verification methods. and high humidity.301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the actions put into effect under subparagraph (B). (3) ACTIONS STRIKE FIGHTER ON F–35 LIGHTNING II JOINT AIRCRAFT. and † S 1867 ES . temperature extremes.—The actions implemented under paragraph (1) with respect to the F–22 Raptor aircraft shall include a plan and actions to manage cumulative corrosion damage to F–22 Raptor aircraft in order to mitigate long-term structural risk to such aircraft. guidelines for conducting trade studies.

(F) Specifying responsibility for management of the Autonomic Logistics Information System (ALIS) link with the Aircraft Structural Integrity Program (ASIP). (G) Ensuring that the officials covered by subparagraph (F) are involved in the development of the Autonomic Logistics Information System and are capable of receiving and analyzing the information to support the Aircraft † S 1867 ES . (D) Expanding the involvement of the Naval Air Systems Command (NAVAIR) corrosion testing capability and the Air Force Reserve Laboratory (AFRL) low observable testing capability as a means to independently test and assess materials and components. (C) Developing an appropriate corrosion risk mitigation follow-on plan.302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (ii) enclosed areas of the aircraft are opened and inspected for water or moisture intrusion. including the management of the corrosion risk of parts qualified by similarity. (E) Reconsidering the selection of materials and coating for corrosion risks.

the Director of Operational Test and Evaluation shall— (A) consider corrosion. and duration in the adequacy of operational test and evaluation plans. United States Code. (2) TEST AND EVALUATION. † S 1867 ES .— (1) IN GENERAL. (d) CORROSION CERTIFICATION AND ASSESSMENT MAJOR DEFENSE ACQUISITION PROGRAMS.02 to ensure that the Milestone Decision Authority for a major defense acquisition program is required to consider issues of corrosion and materials degradation for the purpose of any certification under sections 2366a and 2366b of title 10.303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 FOR Structural Integrity Program sustainment activity. environmental severity.—Not later than 180 days after the date of the enactment of this Act. the Secretary of Defense shall revise Department of Defense Instruction 5000. United States Code. (B) include in the annual report under subsection (g) of that section an assessment of the adequacy of the consideration of material degradation and corrosion in each major defense acquisition program.—In carrying out section 2399 of title 10.

v.S. 515 ˜ U. that is inconsistent 8 with the holdings in the following: 9 10 11 12 13 14 15 16 (1) Adarand Constructors. (a) IN GENERAL. 827. United 7 States Code. No amounts authorized to be appropriated by this 4 Act may be obligated or expended to implement or carry 5 out any program that creates a price evaluation adjust6 ment as described in section 2323(e)(3) of title 10.—Section 2534 of title 10. is amended by adding at the end the fol18 lowing new subsection: 19 20 21 22 23 24 25 26 ‘‘(k) PROCUREMENT ‘‘(1) CONTRACT OF PHOTOVOLTAIC DEVICES.—The of Defense shall ensure that each contract described in paragraph (2) awarded by the Department of Defense includes a provision requiring any photovoltaic devices installed pursuant to the contract. Inc.3d 1023 (2008). or pursuant to a subcontract under the contract.— Secretary REQUIREMENT. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE. Department of Defense. 200 (1995). 826. or any other authority. to comply with the provisions of chapter 83 of title 41 (com† S 1867 ES . United 17 States Code. Pena. SEC. (2) Rothe Development Corporation. v. PROHIBITION ON USE OF FUNDS FOR CERTAIN PROGRAMS.304 1 2 3 SEC. 545 F.

—In DEFINITION OF PHOTOVOLTAIC DE- this subsection. and private housing contracts pursuant to which any photovoltaic devices are— ‘‘(A) installed on property or in a facility owned by the Department of Defense.305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 monly known as the ‘Buy American Act’). the term ‘photovoltaic devices’ means devices that convert light directly into electricity. without regard to whether the contract results in ownership of the photovoltaic devices by the Department.—Paragraph WITH INTERNATIONAL OBLI- (1) shall be applied in a man- ner consistent with the obligations of the United States under international agreements. ‘‘(2) CONTRACTS DESCRIBED. ‘‘(4) VICES.—This subsection ap- plies to photovoltaic devices procured or installed on † S 1867 ES .—The contracts described in this paragraph include energy savings performance contracts. and ‘‘(B) generate power consumed predominantly by the Department of Defense and counted toward federal renewable energy purchase requirements. power purchase agreements. land leases. ‘‘(5) EFFECTIVE DATE. utility service contracts. ‘‘(3) CONSISTENCY GATIONS.

perform. is amended— 17 18 19 20 21 22 23 24 (1) in paragraph (2)(E). † S 1867 ES . (a) TREATMENT. 8 9 10 11 12 13 14 15 Subtitle C—Amendments Relating to General Contracting Authorities. reproduce. Procedures. 2534 note) is repealed. by striking ‘‘the respective rights’’ and inserting ‘‘the Government may use.—Section 2320(a) of title 10. modify. release. but may release or disclose the data outside the Government only for Government purposes. (b) CONFORMING REPEAL.306 1 2 3 4 5 or after the date that is 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 pursuant to contracts entered into or after such date of enactment. 841. The respective rights’’.S. or disclose the data pertaining to such item or process within the Government without restriction.’’. 16 United States Code. and Limitations SEC. TREATMENT FOR TECHNICAL DATA PURPOSES OF INDEPENDENT RESEARCH AND DEVELOPMENT AND BID AND PROPOSAL COSTS.C. display.—Section 846 of the Ike 6 Skelton National Defense Authorization Act for Fiscal 7 Year 2011 (10 U.

and (3) by adding at the end the following new paragraph: ‘‘(4)(A) Except as provided in subparagraph (B). 14 ‘‘(B) An item or process that is developed in whole 15 or in part with amounts described in subparagraph (A) 16 shall be treated as having been developed in part with Fed17 eral funds and in part at private expense in the following 18 circumstances: 19 20 21 22 23 24 25 ‘‘(i) In the case of an item or process for which the total amount of costs referred to in subparagraph (A) allocable to contracts other than Federal contracts and any other contractor funds expended is less than 10 percent of the total funds provided for the development of such item or process (including all sources of Federal funding). by striking ‘‘and shall specify that amounts spent for independent research and development and bid and proposal costs shall not be considered to be Federal funds for the purposes of paragraph (2)(B). but shall be considered to be Federal funds for the purposes of paragraph (2)(A)’’.307 1 2 3 4 5 6 7 8 9 10 (2) in paragraph (3). 11 amounts spent for independent research and development 12 and bid and proposal costs shall not be treated as Federal 13 funds for the purposes of this section. † S 1867 ES .

(b) EFFECTIVE DATE.—The amendments made by 16 subsection (a) shall take effect on January 7. or ‘‘(II) such item or process cannot be segregated from other elements of the major system in a practicable manner in order to allow the system to be procured using competition. to 20 which such amendments relate. is amended to read as follows: † S 1867 ES . 124 Stat. 4269). Section 2324(e)(1)(P) of title 10. 2011. imme17 diately after the enactment of section 824(b)(2) of the Ike 18 Skelton National Defense Authorization Act for Fiscal 19 Year 2011 (Public Law 111–383. 21 22 23 SEC.’’. United States 24 Code.308 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ‘‘(ii) In the case an item or process that is integrated into a major system for which the rights in technical data are otherwise described under paragraph (2)(A) or (2)(E) and for which— ‘‘(I) the total amount of such costs allocable to contracts other than Federal contracts and any other contractor funds expended is less than 50 percent of the total funds provided for the development of such item or process (including all sources of Federal funding). LIMITATION ON DEFENSE CONTRACTOR COMPENSATION. 842.

SEC.’’. that could be affected if the data produced by a contractor business system has a significant deficiency. United States Code. to the extent that such compensation exceeds the annual amount paid to the President of the United States in accordance with section 102 of title 3. 4312.’’. 843. ON CONTRACTOR BUSINESS Paragraph (3) of section 893(f) of the Ike Skelton 11 National Defense Authorization Act for Fiscal Year 2011 12 (Public Law 111–383.309 1 2 3 4 5 6 7 8 9 10 ‘‘(P) Costs of compensation of contractor and subcontractor employees for a fiscal year. COVERED CONTRACTS FOR PURPOSES OF REQUIREMENTS SYSTEMS. 10 U.S. 2302 13 note) is amended to read as follows: 14 15 16 17 18 19 ‘‘(3) The term ‘covered contract’ means a contract that is subject to the cost accounting standards promulgated pursuant to section 1502 of title 41. † S 1867 ES . 124 Stat. regardless of the contract funding source.C.

C.—The head of an agency may † S 1867 ES . Section 801(d) of the National Defense Authorization 7 Act for Fiscal Year 2008 (10 U. ‘‘(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.—Chapter 137 of title 10.’’. is amended by adding at the end the fol22 lowing new section: 23 ‘‘§ 2335.S. 844.310 1 2 3 4 5 6 SEC. 845. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES OF INTERNAL CONTROLS OF NON-DEFENSE AGENCIES FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE. (a) IN GENERAL. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION. Prohibition on collection of political informa24 25 tion ‘‘(a) PROHIBITION ON REQUIRING SUBMISSION OF 26 POLITICAL INFORMATION. United 21 States Code. 2304 note) is amend8 ed by striking ‘‘with the requirements’’ and all that follows 9 and inserting ‘‘with the following: 10 11 12 13 14 15 16 17 18 19 20 ‘‘(1) The Federal Acquisition Regulation and other laws and regulations that apply to procurements of property and services by Federal agencies. SEC.

or employee of the con4 tractor or subcontractor— 5 6 7 8 9 10 11 12 13 14 15 ‘‘(1) as part of a solicitation. or ‘‘(3) any time prior to contract completion and final contract closeout. purchase orders. 22 blanket purchase agreements.—Nothing in this sec- 25 tion shall be construed as— † S 1867 ES . ‘‘(2) during the course of contract performance as part of the process associated with modifying a contract or exercising a contract option.—The prohibition under this section ap- 16 plies to the procurement of commercial items. and 19 manufactured items. or any other form of communication designed to solicit offers in connection with the award of a contract for procurement of property or services. in20 cluding contracts. irrespective of contract vehicle. request for proposal. or 3 any partner. and basic ordering agree23 ments. 24 ‘‘(c) RULE OF CONSTRUCTION. request for bid. property. director. officer. ‘‘(b) SCOPE. task or deliver orders 21 under indefinite delivery/indefinite quantity contracts. the procure17 ment of commercial-off-the-shelf-items. and the non-com18 mercial procurement of supplies.311 1 not require a contractor to submit political information re2 lated to the contractor or a subcontractor at any tier. services.

expenditure. including any payment consisting of a contribution. or limiting the application of the Federal Election Campaign Act of 1971 (2 U.312 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) waiving.) or preventing Federal regulatory or law enforcement agencies from collecting or receiving information authorized by law. or disbursement for an electioneering communication that is made by the contractor. ‘‘(2) POLITICAL INFORMATION.—The term ‘contractor’ includes contractors. restricting.—In this section: ‘‘(1) CONTRACTOR. or ‘‘(2) precluding the Defense Contract Audit Agency from accessing and reviewing certain information.S. any of its partners. including political information.C. 431 et seq.—The term ‘po- litical information’ means information relating to political spending. superseding. for the purpose of identifying unallowable costs and administering cost principles established pursuant to section 2324 of this title. officers. ‘‘(d) DEFINITIONS. or any of † S 1867 ES . directors or employees. and offerors. bidders. independent expenditure. and individuals and legal entities who would reasonably be expected to submit offers or bids for Federal Government contracts.

and voting history. United States Code. party affiliation. 846.’’.—The table of sections 16 at the beginning of chapter 137 of such title is amended 17 by inserting after the item relating to section 2334 the 18 following new item: ‘‘2335. or that is otherwise made with respect to any election for Federal office.’’. Prohibition on collection of political information. WAIVER OF ‘‘BUY AMERICAN’’ REQUIREMENT FOR PROCUREMENT WISE OF COMPONENTS OVERSEAS OTHERSPETHE PRODUCIBLE METAL WITH IN CIALTY NOT PRODUCED UNITED STATES. 19 20 21 22 23 24 SEC.S. to a political party. (b) CLERICAL AMENDMENT. to a third party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communications. to a political committee. ‘electioneering communication’. 431 et seq. ‘independent expenditure’. ‘election’. Section 2533b of title 10.).C. is 25 amended— † S 1867 ES . and ‘Federal office’ has the meaning given the term in the Federal Campaign Act of 1971 (2 U. ‘candidate’. ‘expenditure’.313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 its affiliates or subsidiaries to a candidate or on behalf of a candidate for election for Federal office. Each of the terms ‘contribution’.

the component will be 10 produced overseas and will contain specialty metal not 11 melted or produced in the United States. and (2) by inserting after subsection (k) the following new subsection (l): ‘‘(l) ADDITIONAL WAIVER AUTHORITY. by and with the advice and 21 consent of the Senate. in the absence of the waiver. 12 ‘‘(2) The Secretary shall establish a process to review 13 petitions for waivers under this subsection by interested 14 persons.314 1 2 3 4 5 (1) by redesignating subsections (l) and (m) as subsections (m) and (n). The process shall include an opportunity for com15 ment by persons engaged in melting or producing specialty 16 metals in the United States. † S 1867 ES . respectively.—(1) The 6 Secretary of Defense may waive the requirement of sub7 section (a) with regard to the procurement of a component 8 containing specialty metal if the Secretary determines 9 that. 17 ‘‘(3) The authority to grant a waiver under para- 18 graph (1) may be delegated to any civilian official in the 19 Department of Defense or a military department who is 20 appointed by the President.’’.

COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON NONCOMPETITIVE AND ONE-OFFER CONTRACTS AWARDED BY THE DEPARTMENT OF DEFENSE. in support of such noncompetitive contracts.315 1 2 3 4 5 SEC.—Not later than March 31 6 of each of 2013. 13 (b) ELEMENTS. the Comptroller General 7 of the United States shall submit to the Committees on 8 Armed Services of the Senate and the House of Represent9 atives a report setting forth a review and assessment by 10 the Comptroller General of the noncompetitive contracts 11 and one-offer contracts awarded by the Department of De12 fense during the preceding fiscal year. (a) REPORTS REQUIRED.—Each report under subsection (a) 14 shall include the following: 15 16 17 18 19 20 21 22 23 24 25 26 (1) The number of noncompetitive contracts awarded by the Department of Defense during the fiscal year covered by such report. United States Code. 847. 2014. † S 1867 ES . (3) An assessment of the adequacy of the justification and approvals issued under section 2304(f) of title 10. and the percentage of such number to the total number of contracts awarded by the Department during such fiscal year. and 2015. (2) A description of the competition exceptions that served as the basis for the award of such noncompetitive contracts.

and the percentage of such number to the total number of contracts awarded by the Department during such fiscal year. (5) An assessment of the extent to which such one-offer contracts were awarded in compliance with applicable Department guidance on one-offer contracts.—In this section: (1) The term ‘‘competitive procedures’’ has the meaning given that term in section 2302(2) of title 10.316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) The number of one-offer contracts awarded by the Department during the fiscal year covered by such report. (6) An assessment whether the contracting practices of the Department during the fiscal year covered by such report were in keeping with the objective of promoting full and open competition in the award of contracts in excess of the simplified acquisition threshold. (3) The term ‘‘one-offer contract’’ means a contract awarded after receiving a bid from only one qualified vendor. † S 1867 ES . United States Code. (2) The term ‘‘noncompetitive contract’’ means a contract awarded through other than competitive procedures. (c) DEFINITIONS.

DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SEC.—The re- vised regulations issued pursuant to paragraph (1) shall provide that— (A) contractors on Department of Defense contracts for 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. † S 1867 ES . (a) REVISED REGULATIONS REQUIRED. (2) CONTRACTOR RESPONSIBILITIES. the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to address the detection and avoidance of counterfeit electronic 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 such contracts. 848.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act.

(B) establish requirements for notification of the Department of Defense. or from trusted suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers. and authentication of electronic parts that the Department of Defense or a Department of Defense contractor or subcontractor obtains from any source other than a source described in subparagraph (A). (C) establish qualification requirements. the Department of Defense and Department of Defense contractors and subcontractors— (i) obtain electronic parts that are in production or currently available in stock from the original manufacturers of the parts or their authorized dealers.—The revised regula- tions issued pursuant to paragraph (1) shall— (A) require that.318 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) TRUSTED SUPPLIERS. whenever possible. test. consistent with the requirements of section † S 1867 ES . and (ii) obtain electronic parts that are not in production or currently available in stock from trusted suppliers. inspection.

or has reason to suspect. and (iii) the selection of such trusted suppliers is subject to review and audit by appropriate Department of Defense officials. provided that— (i) the standards and processes for identifying such trusted suppliers complies with established industry standards. part. or material contained in supplies purchased by the De- † S 1867 ES . that any end item.—The revised regulations issued pursuant to paragraph (1) shall require that any Department of Defense contractor or subcontractor who becomes aware.319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2319 of title 10. (ii) the contractor or subcontractor assumes responsibility for the authenticity of parts provided by such supplier as provided in paragraph (2). (4) REPORTING REQUIREMENT. component. pursuant to which the Department of Defense may identify trusted suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts. United States Code. and (D) authorize Department of Defense contractors and subcontractors to identify and use additional trusted suppliers.

— 14 15 16 17 18 19 20 21 22 23 24 25 (1) INSPECTION PROGRAM.—If United States Customs and Border Protection suspects a product of being imported or exported in violation of section 42 of the Lanham Act. or purchased by a contractor of subcontractor for delivery to. 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. and the Government-Industry Data Exchange Program or a similar program designated by the Secretary of Defense.320 1 2 3 4 5 6 7 8 9 10 11 12 partment of Defense. the contracting officer for the contract pursuant to which the supplies are purchased.—The Secretary of Homeland Security shall establish a risk-based methodology for the enhanced targeting of electronic parts imported from any country. (2) INFORMATION SHARING. or on behalf of. and subject to any applicable † S 1867 ES . the Department of Defense. contains counterfeit electronic parts or suspect counterfeit electronic parts. shall provide a written report on the matter within 30 calendar days to the Inspector General of the Department of Defense. (b) INSPECTION OF IMPORTED ELECTRONIC 13 PARTS.

(c) CONTRACTOR SYSTEMS OF FOR DETECTION AND 11 AVOIDANCE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FEIT COUNTERFEIT AND SUSPECT COUNTER- ELECTRONIC PARTS. and unredacted samples of.— (1) IN GENERAL. or photographs of such products. the Secretary of Treasury is authorized to share information appearing on. with the rightholders of the trademarks suspected of being copied or simulated.321 1 2 3 4 5 6 7 8 9 10 bonding requirements. for purposes of determining whether the products are prohibited from importation pursuant to such section.—The program developed pursuant to paragraph (1) shall— (A) require covered contractors to adopt and implement policies and procedures. products and their packaging and labels. (2) ELEMENTS. the Secretary of Defense shall implement a program for the improvement of contractor systems for the detection and avoidance of counterfeit electronic parts and suspect counterfeit electronic parts. consistent with applicable industry standards. for the detection and avoidance of counterfeit electronic parts and suspect counterfeit electronic † S 1867 ES .—Not later than 270 days after the date of the enactment of this Act. packaging and labels.

developing lists of trusted and untrusted suppliers. 124 Stat. 2302 note). making sourcing decisions.C. flowing down requirements to subcontractors. prioritizing mission critical and sensitive components.S. (B) establish processes for the review and approval or disapproval of contractor systems for the detection and avoidance of counterfeit electronic parts and suspect counterfeit electronic parts. reporting and quarantining suspect counterfeit electronic parts and counterfeit electronic parts.322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parts. including policies and procedures for training personnel. 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. 4311. designing and maintaining systems to mitigate risks associated with parts obsolescence. inspecting and testing parts. and (C) effective beginning one year after the date of the enactment of this Act. authorize the withholding of payments as provided in sub- † S 1867 ES . ensuring traceability of parts. and taking corrective action. 10 U.

(d) DEPARTMENT OF DEFENSE RESPONSIBIL- ITIES. the Secretary of Defense shall take 16 steps to address shortcomings in Department of Defense 17 systems for the detection and avoidance of counterfeit 18 electronic parts and suspect counterfeit electronic parts. the following: 20 21 22 23 24 25 (1) Policies and procedures applicable to Department of Defense components engaged in the purchase of electronic parts. 10 U. (3) COVERED TRACT CONTRACTOR AND COVERED CON- DEFINED. in the event that a contractor system for detection and avoidance of counterfeit electronic parts is disapproved pursuant to subparagraph (B) and has not subsequently received approval. at a minimum.—In this subsection. 124 Stat. reporting and quarantining suspect counter- † S 1867 ES . making sourcing decisions. 4312.S. ensuring traceability of parts.—Not later than 270 days after the date of the en- 15 actment of this Act. 19 Such steps shall include.323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 section (c) of such section. including requirements for training personnel. the terms ‘‘covered contractor’’ and ‘‘covered contract’’ have the meanings given such terms in section 893(f) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383. 2302 note).C. inspecting and testing parts.

and acting on reports of counterfeit electronic parts and suspect counterfeit electronic parts that are submitted to the Inspector General of the Department of Defense. † S 1867 ES . or have reason to suspect. assessing. (2) The establishment of a system for ensuring that government employees who become aware of. part.324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 feit electronic parts and counterfeit electronic parts. and the Government-Industry Data Exchange Program or a similar program designated by the Secretary of Defense. that any end item. (3) A process for analyzing. The policies and procedures developed by the Secretary under this paragraph shall prioritize mission critical and sensitive components. contracting officers. and taking corrective action. the contracting officer for the contract pursuant to which the supplies are purchased. or material contained in supplies purchased by or for the Department of Defense contains counterfeit electronic parts or suspect counterfeit electronic parts are required to provide a written report on the matter within 30 calendar days to the Inspector General of the Department of Defense. and the Government-Industry Data Exchange Program or a similar program designated by the Secretary of Defense. component.

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.—Section 2320 of title 18.— GENERAL. United 12 States Code.—A person who com- mits an offense under paragraph (1) shall be punished in accordance with subparagraph (B) if— ‘‘(i) the offense involved a good or service described in paragraph (1) that if it malfunctioned. (e) TRAFFICKING OR IN COUNTERFEIT MILITARY 11 GOODS SERVICES. could reasonably be foreseen to cause— † S 1867 ES . is amended— 13 14 15 16 17 18 19 20 21 22 23 24 (1) in subsection (a).325 1 2 3 4 5 6 7 8 9 10 (4) Guidance on appropriate remedial actions in the case of a supplier who has repeatedly failed to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts or otherwise failed to exercise due diligence in the detection and avoidance of such parts. by adding at the end the following: ‘‘(3) MILITARY ‘‘(A) IN GOODS OR SERVICES. or was compromised. failed.

‘‘(ii) PERSON VIDUAL.000. ‘‘(II) disclosure of classified information. † S 1867 ES .— ‘‘(i) INDIVIDUAL. ‘‘(B) PENALTIES.000.000.326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(I) serious bodily injury or death.—A OTHER THAN AN INDI- person other than an indi- vidual that commits an offense described in subparagraph (A) shall be fined not more than $15. or both.000. or ‘‘(IV) other significant harm to a member of the Armed Forces or to national security.—An individual who commits an offense described in subparagraph (A) shall be fined not more than $5. and ‘‘(ii) the person had knowledge that the good or service is falsely identified as meeting military standards or is intended for use in a military or national security application. imprisoned for not more than 20 years. ‘‘(III) impairment of combat operations.

000.— ‘‘(i) INDIVIDUAL. imprisoned not more than 30 years.—A OTHER THAN AN INDI- person other than an indi- vidual that commits an offense described in subparagraph (A) after the person is convicted of an offense under subparagraph (A) shall be fined not more than $30. by striking ‘‘and’’ at the end.000. or both.—An individual who commits an offense described in subparagraph (A) after the individual is convicted of an offense under subparagraph (A) shall be fined not more than $15. ‘‘(ii) PERSON VIDUAL. and (D) by adding at the end the following: ‘‘(5) the term ‘falsely identified as meeting military standards’ relating to a good or service means there is a material misrepresentation that the good † S 1867 ES . and (2) in subsection (e)— (A) in paragraph (1). by striking the period at the end and inserting a semicolon.’’.000. (B) in paragraph (3). (C) in paragraph (4).327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(C) SUBSEQUENT OFFENSES. by striking the period at the end and inserting a semicolon.000.

1 of the Federal Sentencing Guidelines.—In this subsection. if appropriate. or a reserve component. requirement.’’. (f) SENTENCING GUIDELINES. an Armed Force. in conjunction with. the term ‘‘critical infrastructure’’ has the meaning given that term in application note 13(A) of section 2B1.—The United States Sentencing Commission shall review and.328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or service meets a standard. or ‘‘(ii) critical national defense or national security functions. or ‘‘(B) by the United States to perform or directly support— ‘‘(i) combat operations. (2) DIRECTIVE. or as a component of another good or service— ‘‘(A) during the performance of the official duties of the Armed Forces of the United States or the reserve components of the Armed Forces. independently. or specification issued by the Department of Defense.— (1) DEFINITION. and ‘‘(6) the term ‘use in a military or national security application’ means the use of a good or service. amend the Federal Sentencing Guidelines and policy statements applicable to persons convicted of an offense † S 1867 ES .

including section 2B5.329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under section 2320(a) of title 18. (ii) the need for an effective deterrent and appropriate punishment to prevent offenses under section 2320(a) of title 18. (3) REQUIREMENTS. or for the use by or for. to reflect the intent of Congress that penalties for such offenses be increased for defendants that sell infringing products to.—In amending the Federal Sentencing Guidelines and policy statements under paragraph (2). United States Code. or local law enforcement agency or for use in critical infrastructure or in national security applications. the Armed Forces or a Federal. reflect— (i) the serious nature of the offenses described in section 2320(a) of title 18. † S 1867 ES .3 of the Federal Sentencing Guidelines (and any successor thereto). State. and (iii) the effectiveness of incarceration in furthering the objectives described in clauses (i) and (ii). United States Code. United States Code. the United States Sentencing Commission shall— (A) ensure that the guidelines and policy statements.

or used by or for an entity of the Federal Government or a State or local government in furtherance of the administration of justice.—The United States Sentencing Commission shall— (A) promulgate the guidelines. adequately meet the purposes of sentencing. United States Code. (4) EMERGENCY AUTHORITY. United States Code. (D) make any necessary conforming changes to the guidelines. or amendments provided for in this Act as soon as practicable. (C) ensure reasonable consistency with other relevant directives and guidelines and Federal statutes. and in any event not later than 180 days after the date of the enactment of this Act. in accordance with the proce- † S 1867 ES . or national security. national defense. policy statements. and (E) ensure that the guidelines relating to offenses under section 2320(a) of title 18. as described in section 3553(a)(2) of title 18.330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) consider an appropriate offense level enhancement and minimum offense level for offenses that involve a product used to maintain or operate critical infrastructure.

994 note). (2) SUSPECT COUNTERFEIT ELECTRONIC PART AND ELECTRONIC PART.— (1) COUNTERFEIT ELECTRONIC PART. as though the authority under that Act had not expired.—The Secretary of Defense shall define the term ‘‘counterfeit electronic part’’ for the purposes of this section.C. Such definition shall include used electronic parts that are represented as new. make such conforming amendments to the Federal Sentencing Guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. a discrete electronic component † S 1867 ES . (g) DEFINITIONS. and (B) pursuant to the emergency authority provided under subparagraph (A). or other information provide reason to believe that the part may be a counterfeit part. (B) An ‘‘electronic part’’ means an integrated circuit.S.—For the purposes of this section: (A) A part is a ‘‘suspect counterfeit electronic part’’ if visual inspection.331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dure set forth in section 21(a) of the Sentencing Act of 1987 (28 U. testing.

849. 7545(o)(1)(B)).S. the Secretary of Defense shall submit 10 to the congressional defense committees a report on the 11 authorities currently available to the Department of De12 fense for multiyear contracts for the purchase of advanced 13 biofuels (as defined by section 211(o)(1)(B) of the Clean 14 Air Act (42 U. or a circuit assembly. 16 as the Secretary considers appropriate to authorize the 17 Department to enter into contracts for the purchase of 18 advanced biofuels of sufficient length to reduce the impact 19 to the Department of future price or supply shocks in the 20 petroleum market. Not later than 120 days after the date of the enact- 9 ment of this Act. capacitor. or diode). if any. REPORT ON AUTHORITIES AVAILABLE TO THE DEPARTMENT OF DEFENSE FOR MULTIYEAR CONTRACTS FOR THE PURCHASE OF ADVANCED BIOFUELS. SEC. The report shall in15 clude a description of such additional authorities.C. resistor. to benefit taxpayers. † S 1867 ES . and to reduce 21 United States dependence on foreign oil.332 1 2 3 4 5 6 7 8 (including but not limited to a transistor.

— (1) IN GENERAL. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON DEPARTMENT OF DEFENSE IMPLEMENTATION OF JUSTIFICATION AND APPROVAL REQUIREMENTS FOR CERTAIN SOLE-SOURCE CONTRACTS. the Secretary of Defense shall revise the Department of Defense † S 1867 ES . Not later than 90 days after March 1. 850. PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS.333 1 2 3 4 5 6 SEC. and 7 March 1. 18 19 20 21 22 23 24 25 26 Subtitle D—Provisions Relating to Wartime Contracting SEC. the dates on which the Department of De8 fense submits to Congress a report on its implementation 9 of section 811 of the Fiscal Year 2010 National Defense 10 Authorization Act. (a) PROHIBITION. 861. the Comptroller General of the United 11 States shall submit to the congressional defense commit12 tees a report setting forth an assessment of the extent to 13 which the implementation of such section 811 by the De14 partment ensures that sole-source contracts are awarded 15 in applicable procurements only when those awards have 16 been determined to be in the best interest of the Depart17 ment.—Not later than 30 days after the date of the enactment of this Act. 2013. 2012.

(B) to terminate for default any Department contract. grant. grant. has failed to exercise due diligence to ensure that none of the funds received under the contract.334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Supplement to the Federal Acquisition Regulation to authorize the head of a contracting activity. 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. 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. or cooperative agreement are provided directly or indirectly to a person or entity who is actively supporting an insurgency or oth- † S 1867 ES . 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.

—For purposes of † S 1867 ES . or (C) to void in whole or in part any Department contract. (2) TREATMENT this section: (A) A contract. grant. grant. grant. or cooperative agreement upon a written determination by the head of the contracting activity that the contract. (B) A contract. 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.335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 erwise actively opposing United States or coalition forces in a contingency operation in the United States Central Command theater of operations. or cooperative agreement that is void is unenforceable as contrary to public policy. or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a AS VOID. grant.

(b) CONTRACT CLAUSE. each covered contract. or the recipient of the grant or cooperative agreement. (2) CLAUSE DESCRIBED.336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 segregable task or effort under the contract.—The clause described in this paragraph is a clause that— (A) requires the contractor. 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. to exercise due diligence to ensure that none of the funds received under the contract. or co- † S 1867 ES . grant.— (1) IN GENERAL. 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). or cooperative agreement. grant. and (B) to the maximum extent practicable.—Not later than 30 days after the date of the enactment of this Act. and cooperative agreement of the Department that is awarded on or after the date of the enactment of this Act. grant.

(3) COVERED CONTRACT. or cooperative agreement with an estimated value in excess of $100. shall establish a program to use available intelligence to review persons and entities † S 1867 ES . OR COOPERA- TIVE AGREEMENT. grant. of the authority of the head of the contracting activity to terminate or void the contract. or cooperative agreement. or cooperative agreement’’ means a contract. as provided in subsection (a). grant. or the recipient of the grant or cooperative agreement.000 that will be performed in the United States Central Command theater of operations. (c) IDENTIFICATION PORTERS OF THE OF CONTRACTS WITH SUP- ENEMY. the Secretary. the term ‘‘covered contract. acting through the Commander of the United States Central Command. in whole or in part. grant.— later than 30 days after (1) IN GENERAL. and (B) notifies the contractor.—In this subsection. GRANT.—Not the date of the enactment of this Act.337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operative 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 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. or cooperative agreements that provide funding directly or indirectly to the person or entity. 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. grants. acting pursuant to the program required by paragraph (1).—Classified OF CLASSIFIED INFORMA- 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 † S 1867 ES . (2) NOTICE TO CONTRACTING ACTIVITIES.338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 who receive United States funds through contracts. (3) PROTECTION TION.—If the Commander of the United States Central Command.

—The authority pro- vided by subsection (a) to restrict. (d) NONDELEGATION OF RESPONSIBILITIES.— 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. grants. (2) IDENTIFICATION OF SUPPORT OF ENEMY.— (1) CONTRACT ACTIONS. and cooperative agreements may not be delegated below the level of the head of a contracting activity.—This sec23 tion shall not be construed to preclude the issuance of a 24 government-wide regulation— † S 1867 ES . or void contracts.339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to the authority provided in subsection (a). (e) CONTRACTS. or to their representatives. terminate. 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. AND COOPERATIVE 22 AGREEMENTS OF OTHER FEDERAL AGENCIES. GRANTS.

for the calendar 14 year covered by such report. and cooperative 17 agreements pursuant to subsection (a) and explain the 18 basis for the action taken.—The authority to restrict. and cooperative agreements pursu25 ant to subsection (a) shall cease to be effective on the date † S 1867 ES . each instance in which the 15 Department of Defense exercised the authority to restrict. Any report under this sub19 section may be submitted in classified form. grants. 16 terminate. or (2) requiring the insertion of a contract clause similar to the clause described by subsection (b)(2) into contracts.—In this section. the Secretary shall submit to the 11 congressional defense committees a report on the use of 12 the authority provided by this section in the preceding cal13 endar year. terminate. grants. Each report shall identify. (f) REPORTS. 2014. or void contracts. grants. the term 21 ‘‘contingency operation’’ has the meaning given that term 22 in section 101(a)(13) of title 10.—Not later than March 1 of each of 10 2013. or 24 void contracts.340 1 2 3 4 5 6 7 8 9 (1) extending the authority in subsection (a) to the heads of contracting agencies outside the Department. and cooperative agreements awarded by Federal agencies other than the Department. United States Code. and 2015. 23 (h) SUNSET. 20 (g) OTHER DEFINITION.

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). DEPARTMENT OF DEFENSE CONTRACTS. and (B) to the maximum extent practicable. grant. and cooperative agreement of the Department of Defense that is awarded on or after the date of the enactment of this Act.— 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) IN GENERAL. † S 1867 ES . 8 GRANTS. ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS. each covered contract.341 1 that is three years after the date of the enactment of this 2 Act.—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 require that— (A) the clause described in paragraph (2) shall be included in each covered contract. AND COOPERATIVE AGREEMENTS. 3 4 5 6 7 (a) SEC. 862.

(3) WRITTEN DETERMINATION. or any subcontractor or subgrantee under such contract.—The authority to examine records pursuant to the contract clause described in paragraph (2) may be exercised only upon a written determination by the contracting officer or comparable official responsible for a grant or cooperative agreement.—The clause described in this paragraph is a clause authorizing the Secretary. that there is reason to believe that funds available under the contract. grant. grant. or cooperative agreement— (A) are not subject to extortion or corruption. or cooperative agreement to the extent necessary to ensure that funds available under the contract. the recipient of a grant or cooperative agreement. upon a finding by the Commander of the United States Central Command. to examine any records of the contractor.342 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) CLAUSE. or cooperative agreement con- † S 1867 ES . and (B) are not provided directly or indirectly to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. grant. upon a written determination pursuant to paragraph (3).

Each report shall identify.—This sec13 tion shall not be construed to preclude the issuance of a 14 government-wide regulation requiring the insertion of a 15 clause similar to the clause described by subsection (a)(2) 16 into contracts. and 2015. (4) FLOWDOWN. or cooperative agreement if the subcontract or subgrant has an estimated value in excess of $100. AND COOPERATIVE 12 AGREEMENTS OF OTHER FEDERAL AGENCIES. grant.343 1 2 3 4 5 6 7 8 9 10 11 cerned may have been subject to extortion or corruption or may have been provided directly or indirectly to persons or entities that are actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation. for the calendar 24 year covered by such report.000. (b) CONTRACTS. 19 (c) REPORTS. GRANTS. and cooperative agreements award17 ed by Federal agencies other than the Department of De18 fense.—Not later than March 1 of each of 20 2013. the Secretary shall submit to the 21 congressional defense committees a report on the use of 22 the authority provided by this section in the preceding cal23 endar year. 2014. each instance in which the 25 Department of Defense exercised the authority provided † S 1867 ES .—A clause described in paragraph (2) shall also be required in any subcontract or subgrant under a covered contract. grants.

(2) CONTINUING EFFECT OF CLAUSES IN- CLUDED BEFORE SUNSET. grant. (2) The term ‘‘covered contract. grant. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (d) DEFINITIONS. or cooperative agreement with an estimated value in excess of $100.—Any clause described by subsection (a)(2) that is included in a contract. grant. or cooperative agreement’’ means a contract. Any report under 4 this subsection may be submitted in classified form.—In this section: (1) The term ‘‘contingency operation’’ has the meaning given that term in section 101(a)(13) of title 10.—The clause described by sub- section (a)(2) shall not be required in any contract. (e) SUNSET. United States Code. or cooperative agreement pursuant this sec- † S 1867 ES .— (1) IN GENERAL. or cooperative agreement that is awarded after the date that is three years after the date of the enactment of this Act. and summarize the results of any 3 examination of records so undertaken.344 1 under this section to examine records. explain the basis 2 for the action taken. grant.000 that will be performed in the United States Central Command theater of operations in support of a contingency operation.

—There is established in the 13 Treasury an account to be known as the ‘Joint Urgent 14 Operational Needs Fund’ (in this section referred to as 15 the ‘Fund’).— (1) IN GENERAL. ‘‘(c) USE OF FUNDS. United States Code. 16 ‘‘(b) ELEMENTS. is amended by inserting after section 2216 the following new section: 10 ‘‘§ 2216a. 863.—The Fund shall consist of the fol- 17 lowing: 18 19 20 21 22 ‘‘(1) Amounts appropriated to the Fund. ‘‘(2) Amounts transferred to the Fund.—(1) Amounts in the Fund shall 23 be available to the Secretary of Defense for capabilities 24 that are determined by the Secretary. JOINT URGENT OPERATIONAL NEEDS FUND TO RAPIDLY NEEDS. MEET URGENT OPERATIONAL (a) ESTABLISHMENT OF FUND. pursuant to the re25 view process required by section 804(b) of the Ike Skelton † S 1867 ES .345 1 2 3 4 5 6 7 8 9 tion before the date specified in paragraph (1) shall remain in effect in accordance with its terms. ‘‘(3) Any other amounts made available to the Fund by law. Rapidly meeting urgent needs: Joint Urgent 11 12 Operational Needs Fund ‘‘(a) ESTABLISHMENT. SEC.—Chapter 131 of title 10.

S. ‘‘(2) Upon determination by the Secretary that all or 25 part of the amounts transferred from the Fund under † S 1867 ES . training. to be suitable for rapid fielding 3 in response to urgent operational needs. 15 ‘‘(d) TRANSFER AUTHORITY. as defined in clause 9 of Rule 11 XXI of the Rules of the House of Representatives. 4 ‘‘(2) The Secretary shall establish a merit-based proc- 5 ess for identifying equipment. ‘‘(B) Procurement accounts. services. 2302 note). ‘‘(C) Research. or a 12 congressionally directed spending item. development. as defined in para13 graph 5 of Rule XLIV of the Standing Rules of the Sen14 ate.—(1) Amounts in the 16 Fund may be transferred by the Secretary of Defense 17 from the Fund to any of the following accounts of the De18 partment of Defense to accomplish the purpose stated in 19 subsection (c): 20 21 22 23 24 ‘‘(A) Operation and maintenance accounts. 6 and facilities suitable for funding through the Fund. test.C. 7 ‘‘(3) Nothing in this section shall be interpreted to 8 require or enable any official of the Department of De9 fense to provide funding under this section pursuant to 10 a congressional earmark. supplies.346 1 National Defense Authorization Act for Fiscal Year 2011 2 (10 U. and evaluation accounts.

20 21 (b) LIMITATION TURES ON COMMENCEMENT OF EXPENDI- FROM FUND. 8 ‘‘(4) The transfer authority provided by paragraphs 9 (1) and (2) is in addition to any other transfer authority 10 available to the Department of Defense by law.—The table of sec- tions at the beginning of chapter 131 of such title is amended by inserting after the item relating to section 2216 the following new item: ‘‘2216a.—No expenditure may be made from 22 the Joint Urgent Operational Needs Fund established by 23 section 2216a of title 10.347 1 paragraph (1) are not necessary for the purpose for which 2 transferred.’’.—The authority to make expenditures 12 or transfers from the Fund shall expire on the last day 13 of the third fiscal year that begins after the date of the 14 enactment of the National Defense Authorization Act for 15 Fiscal Year 2012. 11 ‘‘(e) SUNSET. until the Secretary of Defense certifies 25 to the congressional defense committees that the Secretary † S 1867 ES . United States Code (as added 24 by subsection (a)). Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund. 16 17 18 19 (2) CLERICAL AMENDMENT.’’. 4 ‘‘(3) The transfer of an amount to an account under 5 the authority in paragraph (1) shall be deemed to increase 6 the amount authorized for such account by an amount 7 equal to the amount so transferred. such amounts may be transferred back to the 3 Fund.

and support services 19 needed in connection with the deployment of supplies to 20 be acquired pursuant to the authority of this section. 14 (b) DEFINITION. INCLUSION OF ASSOCIATED SUPPORT SERVICES IN RAPID ACQUISITION AND DEPLOYMENT PROCEDURES FOR SUPPLIES.— 25 The authority to acquire associated support services pur- † S 1867 ES . 6 7 8 9 SEC.C. 124 Stat.S. 24 (c) LIMITATION ON AVAILABILITY OF AUTHORITY. The 21 term does not include functions that are inherently gov22 ernmental or otherwise exempted from private sector per23 formance.—Section 806 of the Bob Stump Na- 10 tional Defense Authorization Act for Fiscal Year 2003 (10 11 U. 2302 note) is amended by striking ‘‘supplies’’ each 12 place it appears (other than subsections (a)(1)(B) and (f)) 13 and inserting ‘‘supplies and associated support services’’. maintenance. 864. operation.S. 4256.—Such section is further amended 15 by adding at the end the following new subsection: 16 ‘‘(g) ASSOCIATED SUPPORT SERVICES DEFINED.C. 5 10 U.’’. (a) INCLUSION. the term ‘associated support services’ means 18 training. 2302 note).348 1 has developed and implemented an expedited review proc2 ess in compliance with the requirements of section 804 3 of the Ike Skelton National Defense Authorization Act for 4 Fiscal Year 2011 (Public Law 111–383.—In 17 this section.

—The head of the con25 tracting authority designated pursuant to subsection (a) † S 1867 ES . 10 U. 2302 note).S. as amended by 3 this section. 4256. and Logistics may designate a single 16 contracting activity inside the United States to act as the 17 lead contracting activity with authority for use of domestic 18 capabilities in support of overseas contracting for Oper19 ation Enduring Freedom and Operation New Dawn.—The Under Secretary of Defense for Acquisi15 tion. 10 11 12 13 SEC. 124 Stat. 23 (b) LIMITED AUTHORITY FOR USE OF OUTSIDE-THE- 24 UNITED-STATES-THRESHOLDS. (a) AUTHORITY TO DESIGNATE LEAD CONTRACTING 14 ACTIVITY. shall not take effect until the Secretary of 4 Defense certifies to the congressional defense committees 5 that the Secretary has developed and implemented an ex6 pedited review process in compliance with the require7 ments of section 804 of the Ike Skelton National Defense 8 Authorization Act for Fiscal Year 2011 (Public Law 111– 9 383. Technology.C.349 1 suant to section 806 of the Bob Stump National Defense 2 Authorization Act for Fiscal Year 2003. The 20 contracting activity so designated shall be known as the 21 ‘‘lead reach-back contracting authority’’ for such oper22 ations. REACH-BACK CONTRACTING AUTHORITY FOR OPERATION ENDURING FREEDOM AND OPERATION NEW DAWN. 865.

SEC. is amend22 ed— 23 24 25 (1) in paragraph (4)— (A) in subparagraph (D). 866. (2) The term ‘‘overseas increased simplified acquisition threshold’’ means the amount specified in paragraph (2)(B) of section 1903(b) of title 41.350 1 may. when awarding a contract inside the United States 2 for performance in the theater of operations for Operation 3 Enduring Freedom or Operation New Dawn. (a) ELEMENTS IN QDR REPORTS TO CONGRESS. United States Code. United States Code. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN DEPARTMENT OF DEFENSE PLANNING DOCUMENTS.— 21 Section 118(d) of title 10. by striking ‘‘and’’ at the end. use the over4 seas increased micro-purchase threshold and the overseas 5 increased simplified acquisition threshold in the same 6 manner and to the same extent as if the contract were 7 to be awarded and performed outside the United States. † S 1867 ES . 8 9 10 11 12 13 14 15 16 17 18 19 20 (c) DEFINITIONS.—In this section: (1) The term ‘‘overseas increased micro-purchase threshold’’ means the amount specified in paragraph (1)(B) of section 1903(b) of title 41. United States Code.

(2) in paragraph (6).351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and (B) in subparagraph (E). sustainment.— (1) ASSESSMENTS NING. and’’. (b) CHAIRMAN MENTS OF OF JOINT CHIEFS OF OF STAFF ASSESS- CONTRACTOR SUPPORT ARMED FORCES. by striking the period at the end and inserting ‘‘. and the scope of contractor support. by inserting ‘‘.—Paragraph UNDER CONTINGENCY PLAN- (3) of subsection (a) of section 153 of such title is amended— (A) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E).’’ after ‘‘Defense Agencies’’. 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 † S 1867 ES . and (C) by adding at the end the following new subparagraph: ‘‘(F) the roles and responsibilities that would be discharged by contractors. and contractor support’’. by striking ‘‘manpower sustainment’’ and inserting ‘‘manpower. and (3) in paragraph (8). respectively.’’.

† S 1867 ES .—Paragraph (4)(E) of such subsection is amended by inserting ‘‘and contractor support’’ after ‘‘area of manpower’’. and (B) in paragraph (3)(B).’’.—Subsection (d) of such section is amended— (A) in paragraph (2). peacekeeping. and the levels of contractor support’’. (3) ASSESSMENTS FOR BIENNIAL REVIEW OF NATIONAL MILITARY STRATEGY. and major combat operations. and the risks associated with such support. UNDER ADVICE ON REQUIREAND BUDGET. (2) ASSESSMENTS MENTS.’’. 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. PROGRAMS. and the risks associated with the assignment of such functions to contractors. overseas contingency operations.352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 contingency plans. 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.

—Section 6 1705(e)(6) of title 10. by direct appro10 priation.353 1 2 3 4 5 (a) Subtitle E—Other Matters SEC. the Under Sec25 retary of Defense for Acquisition. MODIFICATION OF DELEGATION OF AUTHORITY TO MAKE DETERMINATIONS ON ENTRY INTO COOPERATIVE RESEARCH AND DEVELOP- MENT AGREEMENTS WITH NATO AND OTHER FRIENDLY ORGANIZATIONS AND COUNTRIES.—The amendment 12 made by subsection (a) shall not apply to funds appro13 priated before the date of the enactment of this Act. is amended 7 by striking ‘‘under subsection (d)(2)’’ and inserting 8 ‘‘(whether by credit in accordance with subsection (d)(2). and Logis† S 1867 ES . United States Code.—Such section is fur- 15 ther amended by striking ‘‘expenditure’’ and inserting 16 ‘‘obligation’’. Section 2350a(b)(2) of title 10. 23 is amended by striking ‘‘and to one other official of the 24 Department of Defense’’ and inserting ‘‘. 17 18 19 20 21 22 SEC. 11 (b) PROSPECTIVE APPLICABILITY. United States Code. EXTENSION OF AVAILABILITY. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND. 881. 14 (c) NATURE OF AVAILABILITY. Technology. 882. or by deposit)’’. 9 by transfer pursuant to subsection (d)(3).

Technology.354 1 tics. Such regula- † S 1867 ES . is amended by inserting after section 9511 the following new section: 10 ‘‘§ 9511a. and Logistics’’. 3 4 5 6 7 8 9 SEC.—The Secretary shall prescribe 25 regulations for purposes of subsection (a).— (1) IN GENERAL. and the Principal Deputy Under Secretary of Defense 2 for Acquisition. United States Code.—Chapter 931 of title 10. Such rate of payment shall be determined in ac17 cordance with— 18 19 20 21 22 23 24 ‘‘(1) the methodology and ratemaking procedures in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012. (a) RATE OF PAYMENT. Civil Reserve Air Fleet contracts: payment 11 12 rate ‘‘(a) AUTHORITY. RATE OF PAYMENT FOR AIRLIFT SERVICES UNDER THE CIVIL RESERVE AIR FLEET PROGRAM. and ‘‘(2) such other procedures as the Secretary may prescribe by regulation. ‘‘(b) REGULATIONS.—The Secretary of Defense shall 13 determine a fair and reasonable rate of payment for airlift 14 services provided to the Department of Defense by air car15 riers who are participants in the Civil Reserve Air Fleet 16 program. 883.

United † S 1867 ES . 13 ‘‘(d) INAPPLICABLE PROVISIONS OF LAW. The Secretary may exclude from the applicability 4 of such regulations any airlift services contract made 5 through the use of competitive procedures. 19 20 21 22 (2) CLERICAL AMENDMENT. 6 7 ‘‘(c) COMMITMENT TOR. in determining the quantity of 8 business to be received under an airlift services contract 9 for which the rate of payment is determined in accordance 10 with subsection (a). use as a factor the relative amount 11 of airlift capability committed by each air carrier to the 12 Civil Reserve Air Fleet. 23 (b) INITIAL REGULATIONS.’’.’’.—Regulations shall be 24 prescribed under section 9511a(b) of title 10.—The OF AIRCRAFT AS BUSINESS FAC- Secretary may. Civil Reserve Air Fleet contracts: payment rate.355 1 tions shall include a process for modifying the ratemaking 2 methodology referred to in paragraph (1) of that sub3 section.—An airlift 14 services contract for which the rate of payment is deter15 mined in accordance with subsection (a) shall not be sub16 ject to the provisions of section 2306a of this title or to 17 the provisions of subsections (a) and (b) of section 1502 18 of title 41.—The table of sec- tions at the beginning of chapter 931 of such title is amended by inserting after the item relating to section 9511 the following new item: ‘‘9511a.

—Section 9 2253(a)(2) of title 10.—The Department 14 of Defense representative to the Federal Acquisition Regu15 latory Council established under section 1302 of title 41. not later than 2 180 days after the date of the enactment of this Act. † S 1867 ES . is amended 10 by striking ‘‘at a cost of not more than $30. 884. CLARIFICATION OF AUTHORITY.000 12 each for passenger sedans’’. 16 United States Code. shall ensure that the threshold estab17 lished in section 2253 of title 10. for 18 the acquisition of right-hand drive passenger sedans is in19 cluded on the list of dollar thresholds that are subject to 20 adjustment for inflation in accordance with the require21 ments of section 1908 of title 41. 13 (b) ADJUSTMENT FOR INFLATION. and 22 is adjusted pursuant to such provision. as appropriate. United States Code. United States Code. 3 4 5 6 7 8 (a) SEC. United States Code.356 1 States Code (as added by subsection (a)). CLARIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY TO PURCHASE RIGHT-HAND DRIVE PASSENGER SEDAN VEHICLES AND ADJUSTMENT OF THRESHOLD FOR INFLATION.000 each’’ 11 and inserting ‘‘. but at a cost of not more than $40.

357 1 2 3 4 (a) SEC. (a) THREE-YEAR EXTENSION.—Section 5 9(m)(2) of the Small Business Act (15 U. 638(m)(2)) 6 is amended by striking ‘‘September 30.C. 885. EXTENSION OF SBIR PROGRAM.S.S. 8 (b) EXTENSION OF STTR PROGRAM. 2018’’.—Subsection (e) of 25 section 834 of the National Defense Authorization Act for 26 Fiscal Years 1990 and 1991 (15 U. by striking ‘‘2010’’ and inserting ‘‘2018’’. 12 13 (c) EXTENSION CIALIZATION AND EXPANSION OF COMMER- PILOT PROGRAM. 2010’’ and insert7 ing ‘‘September 30. THREE-YEAR EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. 10 638(n)(1)(A)(ii)) is amended by striking ‘‘2010’’ and in11 serting ‘‘2018’’.—Section 9 9(n)(1)(A)(ii) of the Small Business Act (15 U. 638(y)) is amended— 15 16 17 18 19 20 21 22 23 24 (1) in paragraphs (1). by inserting ‘‘and the Small Business Technology Transfer Program’’ after ‘‘Small Business Innovation Research Program’’. SEC.S. and (4). and (2) in paragraph (6). 886.C.C. EXTENSION AND EXPANSION OF SMALL BUSINESS PROGRAMS OF THE DEPARTMENT OF DEFENSE.—Section 9(y) of the Small 14 Business Act (15 U. (2). 637 note) is † S 1867 ES .S.C.

REPORT ON ALTERNATIVES FOR THE PROCUREMENT OF FIRE-RESISTANT AND FIRE-RE- TARDANT FIBER AND MATERIALS FOR THE PRODUCTION OF MILITARY PRODUCTS.’’ 5 after ‘‘March 1. 3 (b) ADDITIONAL REPORT. SEC.C.S. Section 831(j) of the National Defense Authorization 9 Act for Fiscal Year 1991 (10 U. 2014’’. 2015’’. 2302 note) is amend10 ed— 11 12 13 14 15 16 17 18 19 20 ings: 21 22 23 24 25 (1) Vehicle and aircraft fires remain a significant force protection and safety threat for the members of the Armed Forces. 888. 6 7 8 SEC. (1) in paragraph (1). 887.—Subsection (f) of such 4 section is amended by inserting ‘‘and March 1. 1994. 2018’’. by striking ‘‘September 30.’’.—Congress makes the following find- † S 1867 ES . and (2) in paragraph (2). by striking ‘‘September 30. (a) FINDINGS. 2013’’ and inserting ‘‘September 30. 2012. 2010’’ and inserting ‘‘September 30.358 1 amended by striking ‘‘September 30. FIVE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM. whether deployed in support of ongoing military operations or while training for future deployment. 2011’’ and inserting 2 ‘‘September 30.

The probability of this type of injury remains extremely high with continued operations in Iraq and the surge of forces into Afghanistan and the associated increase in combat operations. has admitted and treated more than 800 combat casualties with burn injuries. the United States Army Institute of Surgical Research. The report shall 21 include the following: 22 23 24 25 (1) An identification of the fire-resistance or fire-retardant properties or capabilities of fibers and materials (whether domestic or foreign) currently used for the production of military products that re- † S 1867 ES . (3) Advanced fiber products currently in use to protect first responders such as fire fighters and factory and refinery personnel in the United States steel and fuel refinery industries may provide greater protection against burn injuries to members of the Armed Forces. (b) REPORT. the sole burn center within the Department of Defense.359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (2) Since 2003.—Not later than February 28. 2012. the 16 Secretary of Defense shall submit to the Committee on 17 Armed Services of the Senate and the Committee on 18 Armed Services of the House of Representatives a report 19 on fire-resistant and fire-retardant fibers and materials 20 for the production of military products.

or (2) require the Evolved Expendable Launch Vehicle program— † S 1867 ES . firefighting equipment. (2) An identification of the fire-resistance or fire-retardant properties or capabilities of fibers and materials (whether domestic or foreign) otherwise available in the United States that are suitable for use in the production of military products that require such properties or capabilities. and life support equipment). and cost of such fibers and materials for that purpose. adequacy. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH RESPECT TO EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM. availability. and an assessment of the sufficiency. 889. protective equipment.360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 quire such properties or capabilities (including include uniforms. 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. SEC. adequacy. and cost of such fibers and materials for that purpose. availability. lifesaving equipment. and an assessment of the sufficiency. United States Code.

including updated program life-cycle cost estimates). and 2433 (relating to unit cost reports) of title 10. † S 1867 ES .361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) to provide to the congressional defense committees all information with respect to the cost. and (B) to provide to the Under Secretary of Defense for Acquisition. which serves as an early-warning of actual and potential problems with a program and provides for possible mitigation plans. and Logistics— (i) a quarterly cost and status report. with respect to the program if the program were designated as a major defense acquisition program not in the sustainment phase. schedule. United States Code. and (ii) earned value management data that contains measurements of contractor technical. and cost performance. schedule. and performance of the program that would be required to be provided under sections 2431 (relating to weapons development and procurement schedules). commonly known as a Defense Acquisition Executive Summary. 2432 (relating to Select Acquisition Reports. Technology.

(2) describe and perform a risk assessment of the supply chain for items identified under paragraph (1) and evaluate the extent to which— (A) the supply chain for such items could be disrupted by a loss of industrial capability in the United States. components. and electronics) needed to support current 11 and future United States military requirements for night 12 vision image intensification sensors. and † S 1867 ES . (a) ASSESSMENT REQUIRED. and materials. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL BASE FOR NIGHT VISION IMAGE INTENSIFICATION SENSORS. sub9 components. but not limited to. In carrying out the 13 assessment. 10 lenses. Technology. subcomponents.362 1 2 3 4 SEC. the Secretary shall— 14 15 16 17 18 19 20 21 22 23 24 25 (1) identify items in connection with night vision image intensification sensors that the Secretary determines are critical to military readiness. and Logistics shall 6 undertake an assessment of the current and long-term 7 availability within the United States and international in8 dustrial base of critical equipment. tubes. including key components.—The Under Secretary 5 of Defense for Acquisition. and (B) the industrial base obtains such items from foreign sources. 890. and materials (including.

the Secretary of Defense 16 shall submit to Congress a report containing the results 17 of the assessment required under subsection (a). (a) IN GENERAL.363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (3) describe and assess current and future investment. gaps. 18 19 20 21 SEC. (b) REPORT.—Not later than 180 days after the date 15 of the enactment of this Act. and vulnerabilities in the ability of the Department to respond to the potential loss of domestic or international sources that provide items identified under paragraph (1). with the budget justification materials submitted 23 to Congress in support of the budget of the Department 24 of Defense for fiscal year 2013 (as submitted with the † S 1867 ES .—The Secretary of Defense shall 22 submit. and (4) identify and assess current strategies to leverage innovative night vision image intensification technologies being pursued in both Department of Defense laboratories and the private sector for the next generation of night vision capabilities. 891. IMPLEMENTATION OF ACQUISITION STRATEGY FOR EVOLVED EXPENDABLE LAUNCH VEHICLE. including an assessment of the competitiveness and technological advantages of the United States night vision image intensification industrial base.

the following information: 3 4 5 6 7 8 9 10 11 12 13 14 15 THE (1) A description of how the strategy of the Department 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.364 1 budget of the President under section 1105(a) of title 31. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON THE DEFENSE INDUSTRIAL BASE. (2) With respect to any such recommendation that the Department does not implement. 17 the Comptroller General of the United States shall submit 18 to the congressional defense committees an assessment of 19 that information and any additional findings or rec20 ommendations the Comptroller General considers appro21 priate. an explanation of how the Department is otherwise addressing the deficiencies identified in that report. 22 23 24 SEC. 892. (a) IN GENERAL. dated September 15.—Not later than October 1. 25 the Department of Defense shall submit to the appropriate † S 1867 ES . 2011 (GAO–11–641).—Not later than 60 days after the 16 submission of the information required by subsection (a). (b) ASSESSMENT BY COMPTROLLER GENERAL OF UNITED STATES. 2012. 2 United States Code).

or harm any contractor or subcontractor of the Department of Defense on account of the provision by that contractor or subcontractor of any product or service to the Department. disadvantage. (2) APPROPRIATE TEES.—The report required by subsection 5 (a) shall include a summary of foreign boycotts that posed 6 a material risk to the defense industrial base from Janu7 ary 2008 to the date of the enactment of this Act.—In this section: (1) FOREIGN BOYCOTT.—The CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- mittees’’ means— (A) the congressional defense committees. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and (B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 4 (b) ELEMENT. (c) DEFINITIONS.—The term ‘‘foreign boycott’’ means any policy or practice adopted by a foreign government or foreign business enterprise intended to penalize.365 1 congressional committees a report setting forth an assess2 ment of the impact of foreign boycotts on the defense in3 dustrial base. † S 1867 ES .

15 16 17 18 SEC. 901. Not later than 180 days after the date of the enact- 19 ment of this Act. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION OF DEPUTY SECRETARY OF DEFENSE. the Secretary of Defense shall— 20 21 22 23 24 25 (1) designate a senior official of the Department of Defense as the official with principal responsibility for the airship programs of the Department. Section 132(a) of title 10. and (2) set forth the responsibilities of that senior official with respect to such programs. United States Code. including persons 14 with appropriate management experience. 902.366 1 2 3 4 5 6 7 8 9 TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Department of Defense Management SEC. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR AIRSHIP PROGRAMS. † S 1867 ES .’’. is 10 amended by inserting after the first sentence the following 11 new sentence: ‘‘The Deputy Secretary shall be appointed 12 from among persons most highly qualified for the position 13 by reason of background and experience.

— ‘‘(1) SELECTION. † S 1867 ES . each Secretary of a military depart7 ment shall enter into a memorandum of agreement with 8 the Commander of the United States Special Operations 9 Command establishing procedures by which the avail10 ability of the enabling capabilities of the general purpose 11 forces of the Armed Forces under the jurisdiction of such 12 Secretary will be synchronized with the training and de13 ployment cycle of special operations forces under the 14 United States Special Operations Command. MEMORANDA OF AGREEMENT ON SYNCHRONIZATION OF ENABLING CAPABILITIES OF GENERAL PURPOSE FORCES WITH THE REQUIREMENTS OF SPECIAL OPERATIONS FORCES.367 1 2 3 4 5 SEC. United 19 States Code. is amended by inserting after section 9314a 20 the following new section: 21 ‘‘§ 9314b. (a) IN GENERAL. 904. 15 16 17 18 SEC.—Chapter 901 of title 10. ENHANCEMENT OF ADMINISTRATION OF THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY. 903. By not later than 180 days after the date of the en- 6 actment of this Act.—The Commandant of the United States Air Force Institute of Technology shall be selected by the Secretary of the Air Force. United States Air Force Institute of Tech22 23 24 25 26 nology: administration ‘‘(a) COMMANDANT.

including an individual who was retired from the Air Force in a grade not below brigadier general. ‘‘(B) A member of the Senior Executive Service or a civilian individual. 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.—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.— ‘‘(1) IN GENERAL. ‘‘(3) TERM FOR CIVILIAN COMMANDANT.—There is established at the United States Air Force Institute of Technology the † S 1867 ES .368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(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) PROVOST AND ACADEMIC DEAN.

16 17 18 SEC. (b) CLERICAL AMENDMENT.—Section † S 1867 ES MILITARY MIS- 219 of the Duncan Hunter National De- . note) is amended by striking subsection (e). 1580 21 prec.—The table of sections 13 at the beginning of chapter 901 of such title is amended 14 by inserting after the item relating to section 9314a the 15 following new item: ‘‘9314b. ‘‘(2) TERM. United States Air Force Institute of Technology: administration.—An individual appointed to the position of Provost and Academic Dean shall serve in that position for a term of five years.’’.C.—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. DEFENSE LABORATORY MATTERS. 22 23 VIDE (b) REPEAL FUNDS OF SUNSET ON MECHANISMS TO PROFOR FOR FOR OF LABORATORIES TECHNOLOGIES RESEARCH AND 24 DEVELOPMENT 25 SIONS.S. but not more than the rate of compensation authorized for level IV of the Executive Schedule. 905.369 1 2 3 4 5 6 7 8 9 10 11 12 civilian position of Provost and Academic Dean who shall be appointed by the Secretary. ‘‘(3) COMPENSATION.— 19 Section 1108 of the Duncan Hunter National Defense Au20 thorization Act for Fiscal Year 2009 (10 U.’’. (a) REPEAL ITY AT OF SUNSET ON DIRECT HIRE AUTHOR- PERSONNEL DEMONSTRATION LABORATORIES.

—The Secretary of Defense shall conduct an assessment of the current requirements of the defense laboratories for the revitalization and recapitalization of their infrastructure in order to identity required military construction. (2) ELEMENTS. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (d) ASSESSMENT QUIRED FOR OF MILITARY CONSTRUCTION REAND LABORATORY REVITALIZATION RECAPI- TALIZATION.C.370 1 fense Authorization Act for Fiscal Year 2009 (10 U. 3 4 5 (c) REPEAL SPECIFIED ORATORY OF SUNSET ON AUTHORITY FOR FOR UNLAB- MINOR MILITARY CONSTRUCTION REVITALIZATION.—Section 2805(d) of title 10. 2 2358 note) is amended by striking subsection (c).S. 6 United States Code.— (1) ASSESSMENT REQUIRED. is amended by striking paragraph (5). and identify among the projects so † S 1867 ES . and (B) establish for each Armed Force a prioritized list of military construction projects to meet the requirements described in subparagraph (A).—The assessment required by paragraph (1) shall— (A) identify the military construction requirements of the defense laboratories described in paragraph (1) that cannot be met by current authorities for unspecified minor military construction.

—In this subsection. (4) DEFENSE LABORATORY DEFINED. The report shall set forth the following: (i) The results of the assessment. the Secretary shall submit to the congressional defense committees a report on the assessment. (B) FINAL REPORT.— (A) STATUS REPORT. the Secretary shall submit to the congressional defense committees a report describing the current status of the assessment required by paragraph (1). (ii) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the assessment.371 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 listed each project previously submitted to a military construction review panel and the length of time such project has remained unaddressed. the term ‘‘defense laboratory’’ means a laboratory (as that term is defined in section 2805(d)(4) of title 10. (3) REPORTS.—Not later than 180 days after the date of the enactment of this Act.—Not later than one year after the date of the enactment of this Act. United States Code) that is † S 1867 ES .

(2) An identification of mechanisms and incentives for attracting persons who are non-United States citizens with such skills to such positions. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NON-UNITED STATES CITIZENS WITH SCIENTIFIC AND TECHNICAL EXPERTISE VITAL TO THE NATIONAL SECURITY INTERESTS.372 1 2 3 4 5 6 7 8 owned by the United States and under the jurisdiction of the Secretary of a military department. 14 (b) ELEMENTS. SEC. and an identification of the military positions and civilian positions of the Department of Defense that require such skills.—The assessment required by sub- 15 section (a) shall include the following: 16 17 18 19 20 21 22 23 24 25 (1) An identification of the critical scientific and technical skills that are vital to the national security interests of the United States and are anticipated to be in short supply over the next 10 years.—The Secretary of De- 9 fense shall conduct an assessment of current and potential 10 mechanisms to permit the Department of Defense to em11 ploy non-United States citizens with critical scientific and 12 technical skills that are vital to the national security inter13 ests of the United States. in- † S 1867 ES . 906. (a) ASSESSMENT REQUIRED.

—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 describing the current status of the assessment required by subsection (a).373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cluding the expedited extension of United States citizenship. (2) FINAL REPORT. including in positions in which United States citizenship. (c) REPORTS.—Not later than 180 days after the date of the enactment of this Act. The report shall set forth the following: (A) The results of the assessment. a security clearance. (3) An identification and assessment of any concerns associated with the provision of security clearances to such persons.— (1) STATUS REPORT. or both are a condition of employment. (B) Such recommendations for legislative or administrative action as the Secretary con- † S 1867 ES . (4) An identification and assessment of any concerns associated with the employment of such persons in civilian positions in the United States defense industrial base. the Secretary shall submit to the congressional defense committees a report on the assessment.

test and evalua11 tion. 19 should establish close ties with the Allied Command 20 Transformation (ACT) command of the North Atlantic 21 Treaty Organization (NATO). and training. It is the sense of Congress to encourage the Depart- 7 ment of Defense to continue the use and enhancement of 8 modeling and simulation (M&S) across the spectrum of 9 defense activities. the Joint Warfighting and Coalition Center. 907. experi10 mentation.374 1 2 3 4 5 6 siders appropriate in light of the results of the assessment. intelligence. planning. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION IN DEPARTMENT OF DEFENSE ACTIVITIES. † S 1867 ES . COMMAND TRANSFORMATION OF It is the sense of Congress that the successor organi- 17 zation to the United States Joint Forces Command 18 (USJFCOM). medical. analysis. including acquisition. SEC. 12 13 14 15 16 SEC. 908. SENSE OF CONGRESS ON TIES BETWEEN JOINT WARFIGHTING AND COALITION CENTER AND ALLIED NATO.

—Chapter 135 of title 10. 13 14 15 Subtitle B—Space Activities SEC. the Secretary of Defense shall submit 6 to the congressional defense committees a report setting 7 forth a description and assessment of the effects of 8 planned reductions of personnel at the Joint Warfare 9 Analysis Center (JWAC) on the personnel skills to be 10 available at the Center after the reductions. but may contain a classified 12 annex. The report 11 shall be in unclassified form.375 1 2 3 4 SEC. 911. (a) IN GENERAL. Not later than 120 days after the date of the enact- 5 ment of this Act. Commercial space launch cooperation 19 ‘‘(a) AUTHORITY. 909. take such actions as the Sec25 retary considers to be in the best interests of the Federal 26 Government to do the following: † S 1867 ES . is amended by adding at the end the fol17 lowing new section: 18 ‘‘§ 2275. to 20 assist the Secretary of Transportation in carrying out re21 sponsibilities set forth in titles 49 and 51 with respect to 22 private sector involvement in commercial space activities 23 and public-private partnerships pertaining to space trans24 portation infrastructure. United 16 States Code.—The Secretary of Defense may. COMMERCIAL SPACE LAUNCH COOPERATION. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF PERSONNEL AT THE JOINT WARFARE ANALYSIS CENTER ON PERSONNEL SKILLS.

‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER 19 AGREEMENTS RELATING TO SPACE TRANSPORTATION IN20 21 22 23 24 25 FRASTRUCTURE.—The Secretary of Defense— ‘‘(1) may enter into a contract or other agreement with a covered entity to provide to the covered entity support and services related to the space transportation infrastructure of the Department of Defense. and † S 1867 ES .376 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ‘‘(1) Maximize the use of the capacity of the space transportation infrastructure of the Department of Defense by the private sector in the United States. ‘‘(3) Reduce the cost of services provided by the Department of Defense related to space transportation infrastructure at launch support facilities and space recovery support facilities. ‘‘(4) Encourage commercial space activities by enabling investment in the space transportation infrastructure of the Department of Defense by covered entities. ‘‘(2) Maximize the effectiveness and efficiency of the space transportation infrastructure of the Department of Defense. ‘‘(5) Foster cooperation between the Department of Defense and covered entities.

‘‘(c) CONTRIBUTIONS. and ‘‘(iii) does not compete with the commercial space activities of other covered entities.—The Secretary of Defense may enter into contracts or other agreements with † S 1867 ES . ‘‘(ii) does not interfere with the requirements of the Department of Defense. and ‘‘(B) any commercial requirement included in a contract or other agreement entered into under this subsection has full non-Federal funding before the execution of the contract or other agreement. unless that competition is in the national security interests of the United States. may include such support and services in the space launch and reentry range support requirements of the Department of Defense if— ‘‘(A) the Secretary determines that the inclusion of such support and services in such requirements— ‘‘(i) is in the best interests of the Federal Government.377 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(2) upon the request of that covered entity.— ‘‘(1) IN GENERAL.

— ‘‘(1) ESTABLISHMENT. and ‘‘(B) shall be managed by the Secretary in accordance with regulations of the Department of Defense. services.378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 covered entities on a cooperative and voluntary basis to accept contributions of funds. ‘‘(3) REQUIREMENTS WITH RESPECT TO AGREEMENTS. ownership.—There is established in the Treasury of the United States a special account † S 1867 ES . or equipment accepted by the Secretary under this subsection— ‘‘(A) may be used only for the objectives specified in this section in accordance with terms of use set forth in the contract or other agreement entered into under this subsection.—A contract or other agreement en- tered into under this subsection shall address terms of use. services. or equipment contributed pursuant to the contract or other agreement. and disposition of the funds.—Any funds. ‘‘(2) USE OF CONTRIBUTIONS. ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH ACCOUNT. and equipment to carry out this section. services.

† S 1867 ES .—The term ‘launch support facilities’ has the meaning given that term in section 50501(7) of title 51. 14 15 16 17 18 19 20 21 22 23 24 ‘‘(f) DEFINITIONS.—Not later than January 31 10 of each year.—In this section: ‘‘(1) COVERED ENTITY. the Secretary of Defense shall submit to the 11 congressional defense committees a report on the funds. 12 services.379 1 2 3 4 5 6 7 8 9 to be known as the ‘Defense Cooperation Space Launch Account’.—Funds received by the Secretary of Defense under subsection (c) shall be credited to the Defense Cooperation Space Launch Account and shall be available until expended without further authorization or appropriation only for the objectives specified in this section. ‘‘(2) LAUNCH SUPPORT FACILITIES. ‘‘(2) CREDITING OF FUNDS. and equipment accepted and used by the Sec13 retary under this section during the previous fiscal year. ‘‘(e) ANNUAL REPORT.—The term ‘covered en- tity’ means a non-Federal entity that— ‘‘(A) is organized under the laws of the United States or of any jurisdiction within the United States. and ‘‘(B) is engaged in commercial space activities.

‘‘(4) SPACE TURE. 15 United States Code. (b) CLERICAL AMENDMENT.’’. 21 is amended— 22 23 24 25 (1) by inserting ‘‘(A)’’ before ‘‘If the Secretary of Defense determines’’. Commercial space launch cooperation. and (2) by adding at the end the following new subparagraph: † S 1867 ES .—The TRANSPORTATION INFRASTRUC- term ‘space transportation infrastruc- ture’ has the meaning given that term in section 50501(12) of title 51. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF SPACE VEHICLES AS MAJOR SUBPROGRAMS SUBJECT TO ACQUISITION REPORTING REQUIREMENTS. as added by subsection (a). Section 2430a(a)(1) of title 10. 12 (c) REGULATIONS. 912.—The Secretary of Defense shall 13 prescribe regulations relating to the activities of the De14 partment of Defense under section 2275 of title 10.—The table of sections 10 at the beginning of such chapter is amended by adding 11 at the end the following new item: ‘‘2275.380 1 2 3 4 5 6 7 8 9 ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— The term ‘space recovery support facilities’ has the meaning given that term in section 50501(11) of title 51. 16 17 18 19 20 SEC. United States Code.’’.

public health and safety. (a) SENSE OF CONGRESS. 7 8 9 10 11 SEC. and the national security of the United States.’’. (2) any interference with the signals of the Global Positioning System satellites or the various receivers that use those signals would be extraordinarily disruptive.381 1 ‘‘(B) If the Secretary of Defense determines that a 2 major defense acquisition program to purchase space vehi3 cles requires the delivery of space vehicles in two or more 4 increments or blocks. the Secretary may designate each 5 such increment or block as a major subprogram for the 6 purposes of acquisition reporting under this chapter. REVIEW TO IDENTIFY INTERFERENCE WITH NATIONAL SECURITY GLOBAL POSITIONING SYSTEM RECEIVERS BY COMMERCIAL COMMUNICATIONS SERVICES. and (3) the Federal Communications Commission should ensure that the signals of Global Positioning † S 1867 ES . 913.—It is the sense of Con- 12 gress that— 13 14 15 16 17 18 19 20 21 22 23 24 (1) the reliable provision of precision navigation and timing signals by Global Positioning System satellites owned and operated by the Department of Defense is critical to the economy.

the 6 Secretary of Defense shall conduct a review— 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) to assess the ability of national security Global Positioning System receivers to receive the signals of Global Positioning System satellites without interruption or interference. (c) NOTIFICATION TO CONGRESS. and (2) to determine if commercial communications services are causing or will cause widespread or harmful interference with national security Global Positioning System receivers.— (1) IN GENERAL.—Not later than 90 days after the date 4 of the enactment of this Act.—The report required by paragraph (1) shall include the following: † S 1867 ES . (b) REVIEW. and every 90 days thereafter 5 until the termination date described in subsection (d).382 1 2 3 System satellites can be received without interruption or interference. (2) ELEMENTS.—If the Secretary determines under subsection (b)(2) that commercial communications services are causing or will cause widespread or harmful interference with national security Global Positioning System receivers. the Secretary shall promptly submit to the congressional defense committees a report notifying those committees of the interference.

† S 1867 ES . (D) A description of the magnitude of harm caused or expected to be caused by the interference. alleviate. (C) A description of the manner in which that source or entity is causing or is expected to cause the interference. (E) A description of the duration of and the conditions and circumstances under which the interference is occurring or is expected to occur. and the entity causing or expected to cause. (G) A description of the plans of the Secretary to address. or mitigate the interference or the harm caused or expected to be caused by the interference. (B) A description of the source of. (F) A description of the impact of the interference on the national security interests of the United States. the interference with those receivers.383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) A list and description of the national security Global Positioning System receivers that are being or are expected to be interfered with by commercial communications services.

—Section 454 of 20 title 10. 921.384 1 (d) TERMINATION DATE DESCRIBED. AND GEODETIC DATA TO INCLUDE NONGOVERNMENTAL ORGANIZATIONS AND ACADEMIC INSTITUTIONS. Subtitle C—Intelligence Matters SEC. is amended— 21 22 23 24 25 (1) by inserting ‘‘(a) FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.—’’ before ‘‘The Secretary of Defense’’. CHARTING. (a) BROADENING OF AUTHORITY. United States Code. and (B) notifies the congressional defense committees of that determination. EXPANSION OF AUTHORITY FOR EXCHANGES OF MAPPING. and (2) by adding at the end the following new subsection: † S 1867 ES . or (2) the date on which the Secretary— (A) determines that there is no widespread or harmful interference with national security Global Positioning System receivers by commercial communication services.—The require- 2 ment that the Secretary conduct the review under sub3 section (b) and submit the report under subsection (c) 4 shall terminate on the earlier of— 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (1) the date that is 2 years after the date of the enactment of this Act.

—The Secretary may authorize the 3 National Geospatial-Intelligence Agency to exchange or 4 furnish mapping. Exchange of mapping.— (1) SECTION HEADING.385 1 2 ‘‘(b) NONGOVERNMENTAL ORGANIZATIONS DEMIC AND ACA- INSTITUTIONS. 10 11 12 (b) CONFORMING AMENDMENTS.’’.’’. Section 2682 of title 10. charting. charting. charting. nongovernmental organizations. and geodetic data with foreign countries. and geodetic data. international organizations. Exchange of mapping. 5 and services relating to areas outside of the United States 6 to a nongovernmental organization or an academic institu7 tion engaged in geospatial information research or produc8 tion of such areas pursuant to an agreement for the pro9 duction or exchange of such data. United States Code. is 24 amended— † S 1867 ES . 922. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL OPERATIONS ACTIVITIES ABROAD.—The heading of such section is amended to read as follows: 13 ‘‘§ 454. (2) TABLE OF SECTIONS. supplies.—The table of sections at the beginning of subchapter II of chapter 22 of such title is amended by striking the item relating to section 454 and inserting the following new item: ‘‘454. international organizations. and geodetic 14 15 16 17 18 19 20 data with foreign countries. and academic institutions’’. and academic institutions. nongovernmental organizations. 21 22 23 SEC.

386 1 2 3 4 5 6 7 8 9 10 11 (1) by inserting ‘‘(a) MAINTENANCE
PAIR.—’’ AND

RE-

before ‘‘The maintenance and repair’’;

(2) by designating the second sentence as subsection (b), realigning such subsection so as to be indented two ems from the left margin, and inserting ‘‘JURISDICTION.—’’ before ‘‘A real property facility’’; and (3) by adding at the end the following new subsection: ‘‘(c) FACILITIES
OR FOR FOR

INTELLIGENCE COLLECTION

SPECIAL OPERATIONS ABROAD.—The Secretary

12 of Defense may maintain and repair, and may exercise ju13 risdiction over, a real property facility if necessary to pro14 vide security for authorized intelligence collection or spe15 cial operations activities abroad undertaken by the De16 partment of Defense.’’. 17 18 19 20
SEC. 923. OZONE WIDGET FRAMEWORK.

(a) MECHANISM FOR INTERNET PUBLICATION OF INFORMATION FOR AND

DEVELOPMENT

OF

ANALYSIS TOOLS

APPLICATIONS.—The Director of the Defense Infor-

21 mation Systems Agency shall implement a mechanism to 22 publish and maintain on the public Internet the Applica23 tion Programming Interface specifications, a developer’s 24 toolkit, source code, and such other information on, and 25 resources for, the Ozone Widget Framework (OWF) as the

† S 1867 ES

387 1 Director considers necessary to permit individuals and 2 companies to develop, integrate, and test analysis tools 3 and applications for use by the Department of Defense 4 and the elements of the intelligence community. 5 (b) PROCESS
BY FOR

VOLUNTARY CONTRIBUTION

OF

6 IMPROVEMENTS

PRIVATE SECTOR.—In addition to the

7 requirement under subsection (a), the Director shall also 8 establish a process by which private individuals and com9 panies may voluntarily contribute the following: 10 11 12 13 14 15 16 (1) Improvements to the source code and documentation for the Ozone Widget Framework. (2) Alternative or compatible implementations of the published Application Programming Interface specifications for the Framework. (c) ENCOURAGEMENT
MENT.—The OF

USE

AND

DEVELOP-

Director shall, whenever practicable, encour-

17 age and foster the use, support, development, and en18 hancement of the Ozone Widget Framework by the com19 puter industry and commercial information technology 20 vendors, including the development of tools that are com21 patible with the Framework.

† S 1867 ES

388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
SEC. 924. PLAN FOR INCORPORATION OF ENTERPRISE QUERY AND CORRELATION CAPABILITY INTO THE DEFENSE INTELLIGENCE INFORMATION ENTERPRISE.

(a) PLAN REQUIRED.— (1) IN
GENERAL.—The

Under Secretary of De-

fense for Intelligence shall develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise (D2IE). (2) ELEMENTS.—The plan required by paragraph (1) shall— (A) include an assessment of all the current and planned advanced query and correlation systems which operate on large centralized databases that are deployed or to be deployed in elements of the Defense Intelligence Information Enterprise; and (B) determine where duplication can be eliminated, how use of these systems can be expanded, whether these systems can be operated collaboratively, and whether they can and should be integrated with the enterprisewide query and correlation capability required pursuant to paragraph (1). (b) PILOT PROGRAM.—
† S 1867 ES

389 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) IN conduct a
GENERAL.—The

Under Secretary shall to demonstrate an

pilot

program

enterprisewide query and correlation capability through the Defense Intelligence Information Enterprise program. (2) PURPOSE.—The purpose of the pilot program shall be to demonstrate the capability of an enterprisewide query and correlation system to achieve the following: (A) To conduct complex, simultaneous queries by a large number of users and analysts across numerous, large distributed data stores with response times measured in seconds. (B) To be scaled up to operate effectively on all the data holdings of the Defense Intelligence Information Enterprise. (C) To operate across multiple levels of security with data guards. (D) To operate effectively on both

unstructured data and structured data. (E) To extract entities, resolve them, and (as appropriate) mask them to protect sources and methods, privacy, or both.

† S 1867 ES

390 1 2 3 4 (F) To control access to data by means of on-line electronic user credentials, profiles, and authentication. (c) REPORT.—Not later than November 1, 2012, the

5 Under Secretary shall submit to the appropriate commit6 tees of Congress a report on the actions undertaken by 7 the Under Secretary to carry out this section. The report 8 shall set forth the plan developed under subsection (a) and 9 a description and assessment of the pilot program con10 ducted under subsection (b). 11 12 (d) APPROPRIATE COMMITTEES
FINED.—In OF

CONGRESS DE-

this section, the term ‘‘appropriate commit-

13 tees of Congress’’ means— 14 15 16 17 18 19 20 (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.

† S 1867 ES

391 1 2 3 4 5

Subtitle D—Cybersecurity Matters
SEC. 931. STRATEGY TO ACQUIRE CAPABILITIES TO DETECT PREVIOUSLY UNKNOWN CYBER AT-

TACKS.

(a) IN GENERAL.—The Secretary of Defense shall

6 develop and implement a plan to augment the cybersecu7 rity strategy of the Department of Defense through the 8 acquisition of advanced capabilities to discover and isolate 9 penetrations and attacks that were previously unknown 10 and for which signatures have not been developed for in11 corporation into computer intrusion detection and preven12 tion systems and anti-virus software systems. 13 14 15 16 17 18 19 20 21 22 23 24 (b) CAPABILITIES.— (1) NATURE
OF CAPABILITIES.—The

capabili-

ties to be acquired under the plan required by subsection (a) shall— (A) be adequate to enable well-trained analysts to discover the sophisticated attacks conducted by nation-state adversaries that are categorized as ‘‘advanced persistent threats’’; (B) be appropriate for— (i) endpoints or hosts; (ii) network-level gateways operated by the Defense Information Systems Agen-

† S 1867 ES

392 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cy where the Department of Defense network connects to the public Internet; and (iii) global networks owned and operated by private sector Tier 1 Internet Service Providers; (C) at the endpoints or hosts, add new discovery capabilities to the Host-Based Security System of the Department, including capabilities such as— (i) automatic blocking of unauthorized software programs and accepting approved and vetted programs; (ii) constant monitoring of all key computer attributes, settings, and operations (such as registry keys, operations running in memory, security settings, memory tables, event logs, and files); and (iii) automatic baselining and remediation of altered computer settings and files; (D) at the network-level gateways and internal network peering points, include the sustainment and enhancement of a system that is based on full-packet capture, session recon-

† S 1867 ES

393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 struction, extended storage, and advanced analytic tools, by— (i) increasing the number and skill level of the analysts assigned to query stored data, whether by contracting for security services, hiring and training Government personnel, or both; and (ii) increasing the capacity of the system to handle the rates for data flow through the gateways and the storage requirements specified by the United States Cyber Command; and (E) include the behavior-based threat detection capabilities of Tier 1 Internet Service Providers and other companies that operate on the global Internet. (2) SOURCE
OF CAPABILITIES.—The

capabili-

ties to be acquired shall, to the maximum extent practicable, be acquired from commercial sources. In making decisions on the procurement of such capabilities from among competing commercial and Government providers, the Secretary shall take into consideration the needs of other departments and agencies of the Federal Government, State and local governments, and critical infrastructure owned and op-

† S 1867 ES

394 1 2 3 erated by the private sector for unclassified, affordable, and sustainable commercial solutions. (c) INTEGRATION
AND

MANAGEMENT

OF

DISCOVERY

4 CAPABILITIES.—The plan required by subsection (a) shall 5 include mechanisms for improving the standardization, or6 ganization, and management of the security information 7 and event management systems that are widely deployed 8 across the Department of Defense to improve the ability 9 of United States Cyber Command to understand and con10 trol the status and condition of Department networks, in11 cluding mechanisms to ensure that the security informa12 tion and event management systems of the Department 13 receive and correlate data collected and analyses con14 ducted at the host or endpoint, at the network gateways, 15 and by Internet Service Providers in order to discover new 16 attacks reliably and rapidly. 17 18 (d) PROVISION
FOR

CAPABILITY

DEMONSTRA-

TIONS.—The

plan required by subsection (a) shall provide

19 for the conduct of demonstrations, pilot projects, and 20 other tests on cyber test ranges and operational networks 21 in order to determine and verify that the capabilities to 22 be acquired pursuant to the plan are effective, practical, 23 and affordable. 24 (e) REPORT.—Not later than April 1, 2012, the Sec-

25 retary shall submit to the congressional defense commit-

† S 1867 ES

395 1 tees a report on the plan required by subsection (a). The 2 report shall set forth the plan and include a comprehensive 3 description of the actions being undertaken by the Depart4 ment to implement the plan. 5 6 7 8
SEC. 932. PROGRAM IN SUPPORT OF DEPARTMENT OF DEFENSE POLICY ON SUSTAINING AND EXPANDING INFORMATION SHARING.

(a) PROGRAM REQUIRED.—The Secretary of Defense

9 shall carry out a program to support the policy of the De10 partment of Defense on sustaining and expanding infor11 mation sharing which program shall provide for the adop12 tion and improvement of technical and procedural capa13 bilities to detect and prevent personnel without authoriza14 tion from acquiring and exporting information from classi15 fied networks. 16 (b) CAPABILITIES.—Options for the technical and

17 procedural capabilities to be adopted and improved under 18 the program required by subsection (a) shall include, but 19 not be limited to, capabilities for the following: 20 21 22 23 24 (1) Disabling the removable media ports of computers, whether physically or electronically. (2) In the case of computers authorized to write to removable media, requiring systems administrator approval for transfers of data.

† S 1867 ES

396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (3) Electronic monitoring and reporting of compliance with policies on downloading of information to removable media, and of attempts to circumvent such policies. (4) Using public-key infrastructure-based identity authentication and user profiles to control information access and use. (5) Electronic auditing and reporting of user activities to deter and detect unauthorized activities. (6) Using data-loss-prevention and data-rights management technology to prevent the unauthorized export of information from a network or to render the information unusable in the event of unauthorized export. (7) Appropriately implementing and integrating such capabilities to enable efficient management and operations, and effective protection of information, without impairing the work of analysts and users of networks. (c) PROGRAM WITHIN BROADER APPROACH
BERSECURITY TO

CY-

CHALLENGES.—In developing the program

22 required by subsection (a), the Secretary— 23 24 25 (1) shall take into account that the prevention of security breaches from personnel operating from inside Department networks substantially overlaps

† S 1867 ES

397 1 2 3 4 5 6 7 8 9 10 with the prevention of cyber attacks (including prevention of theft of information and intellectual property and the destruction of information and network functionality); and (2) should make decisions about the utility and affordability of capabilities under subsection (b) for purposes of the program in full contemplation of the broad range of cybersecurity challenges facing the Department. (d) BUDGET MATTERS.—The budget justification

11 documents for the budget of the President for each fiscal 12 year after fiscal year 2012, as submitted to Congress pur13 suant to section 1105 of title 31, United States Code, shall 14 set forth information on the program required by sub15 section (a), including the following: 16 17 18 19 20 21 22 23 24 25 (1) The amount requested for such fiscal year for the program. (2) A description of the objectives and scope of the program for such fiscal year, including management objectives and program milestones and performance metrics for such fiscal year.

TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

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398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (1) AUTHORITY.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2012 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) LIMITATION.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000. (3) EXCEPTION
FOR TRANSFERS BETWEEN

MILITARY PERSONNEL AUTHORIZATIONS.—A

trans-

fer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) LIMITATIONS.—The authority provided by this

21 section to transfer authorizations— 22 23 24 (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

† S 1867 ES

399 1 2 3 4 (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) EFFECT
ON

AUTHORIZATION AMOUNTS.—A

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the 7 amount authorized for the account to which the amount 8 is transferred by an amount equal to the amount trans9 ferred. 10 (d) NOTICE
TO

CONGRESS.—The Secretary shall

11 promptly notify Congress of each transfer made under 12 subsection (a). 13 14 15 16 17 18 19
SEC. 1002. DEFENSE BUSINESS SYSTEMS.

(a) AVAILABILITY
NESS

OF

FUNDS

FOR

DEFENSE BUSI-

SYSTEM PROGRAMS.— (1) CONDITIONS
FOR OBLIGATION.—Subsection

(a) of section 2222 of title 10, United States Code, is amended to read as follows: ‘‘(a) CONDITIONS
FOR

OBLIGATION

OF

FUNDS

FOR

20 COVERED DEFENSE BUSINESS SYSTEM PROGRAMS.—Ap21 propriated and nonappropriated funds available to the De22 partment of Defense may not be obligated for a covered 23 defense business system program unless— 24 25 ‘‘(1) the appropriate chief management officer for the defense business system program has—

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400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(A) determined that— ‘‘(i) the defense business system program is in compliance with the enterprise architecture developed under subsection (c); and ‘‘(ii) appropriate business process reengineering efforts have been undertaken to ensure that— ‘‘(I) the business process to be supported by the defense business system program will be as streamlined and efficient as practicable; and ‘‘(II) the need to tailor commercial-off-the-shelf systems to meet

unique requirements or incorporate unique interfaces has been eliminated or reduced to the maximum extent practicable; or ‘‘(B) waived the requirement in subparagraph (A) on the basis of a determination by the chief management officer that— ‘‘(i) the defense business system program is necessary to achieve a critical national security capability or address a crit-

† S 1867 ES

401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ical requirement in an area such as safety or security; or ‘‘(ii) the defense business system program is necessary to prevent a significant adverse effect on a project that is needed to achieve an essential capability, taking into consideration the alternative solutions for preventing such adverse effect; ‘‘(2) the determination or waiver of the chief management officer under paragraph (1) has been reviewed, approved, and certified by an appropriate investment review board established under subsection (g); and ‘‘(3) the certification by the investment review board under paragraph (2) has been approved by the Defense mittee.’’. (2) TREATMENT
FUNDS.—Subsection OF CERTAIN OBLIGATIONS OF

Business

Systems

Management

Com-

(b) of such section is amended

by striking ‘‘business system’’ and all that follows through ‘‘such subsection’’ and inserting ‘‘covered defense business system program that has not been certified or approved in accordance with subsection (a)’’. (b) ENTERPRISE ARCHITECTURE.—

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402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) IN
GENERAL.—Subsection

(c) of such sec-

tion is amended— (A) in paragraph (1), by inserting ‘‘, known as the defense business enterprise architecture,’’ after ‘‘an enterprise architecture’’; and (B) in paragraph (2), by striking ‘‘the enterprise architecture for defense business systems’’ and inserting ‘‘the defense business enterprise architecture’’. (2) COMPOSITION.—Subsection (d) of such section is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘all’’ and inserting ‘‘applicable law, including’’; and (ii) in subparagraph (B), by inserting ‘‘business and’’ before ‘‘financial information’’; (B) in paragraph (2), by inserting ‘‘performance measures,’’ after ‘‘data standards,’’; and (C) by adding at the end the following new paragraph:

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403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ‘‘(3) A target systems environment, aligned to the business enterprise architecture, for each of the major business processes conducted by the Department of Defense, as determined by the Chief Management Officer of the Department of Defense.’’. (3) TRANSITION section is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘The acquisition strategy for’’ and inserting ‘‘A listing of the’’; and (ii) in subparagraph (B)— (I) by striking ‘‘defense business systems as of December 2, 2002’’ and inserting ‘‘existing defense business systems’’; and (II) by striking the comma before ‘‘that will’’; and (B) in paragraph (2), by striking ‘‘Each of the strategies under paragraph (1)’’ and inserting ‘‘For each system listed under paragraph (1), the transition plan’’. (c) RESPONSIBLE SENIOR OFFICIALS
AND PLAN.—Subsection

(e) of such

CHIEF

24 MANAGEMENT OFFICERS.—Subsection (f) of such section 25 is amended—

† S 1867 ES

in the case of’’. and (C) in subparagraph (E). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) in such paragraph (1). the appropriate senior Department of De7 fense official for the functions and activities supported by 8 a covered defense business system is as follows:’’. by striking ‘‘Deputy Secretary of Defense’’ and all that follows through ‘‘responsible for’’ and inserting ‘‘Deputy Chief Management Officer of the Department of Defense. as so amended— (A) by striking ‘‘shall be responsible and accountable for’’ each place it appears and inserting ‘‘. and (3) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking ‘‘subsection (a)’’ and inserting ‘‘subsections (a) and (g)’’. and † S 1867 ES . (B) in subparagraph (D).404 1 2 3 4 (1) by striking all the matter preceding subparagraph (A) of paragraph (1) and inserting the following: ‘‘(f) DESIGNATION OF SENIOR OFFICIALS AND 5 CHIEF MANAGEMENT OFFICERS.—(1) For purposes of 6 subsection (g). in the case of’’. by striking ‘‘Assistant Secretary of Defense for Networks and Information Integration and the’’.

—Subsection (g) of such 11 section is amended— 12 13 14 (1) by striking paragraph (1) and inserting the following new paragraph (1): ‘‘(1) The Secretary of Defense. development. acquisition. (B) in subparagraph (D). an in17 vestment review board and investment management proc18 ess. consistent with section 11312 of title 40. and (C) in subparagraph (E). (d) INVESTMENT REVIEW.’’. by not later than March 15. acting through the 15 Chief Management Officer of the Department of Defense. modernization. to review 19 the planning. 2012. and project 21 cost benefits and risks of covered defense business system 22 programs. design.405 1 2 3 4 5 6 7 8 9 10 (ii) by striking ‘‘modernization’’ and inserting ‘‘program’’. unless otherwise approved by’’ before ‘‘the Deputy Chief Management Officer’’. maintenance. 16 shall establish. and 25 (2) in paragraph (2)— † S 1867 ES . by inserting ‘‘the Director of such Defense Agency. deploy20 ment. The investment review process so established 23 shall specifically address the requirements of subsection 24 (a). by inserting ‘‘the designee of’’ before ‘‘the Deputy Chief Management Officer’’. operation.

† S 1867 ES . (D) by striking subparagraph (C) and inserting the following new subparagraph (C): ‘‘(C) Representation on each investment review board by appropriate officials from among the Office of the Secretary of Defense. (C) in subparagraph (B). including representatives of each of the following: ‘‘(i) The appropriate chief management officer for the defense business system under review. grouped in portfolios of defense business systems.406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) in the matter preceding subparagraph (A). by striking ‘‘defense business system’’ and all that follows through ‘‘as an investment’’ and inserting ‘‘covered defense business system program. and the Defense Agencies. in accordance with the requirements of subsection (a).’’. the armed forces. by striking ‘‘every defense business system’’ and all that follows and inserting ‘‘covered defense business system programs. by striking ‘‘systems’’ and inserting ‘‘system programs’’. (B) in subparagraph (A).’’. the combatant commands. the Joint Chiefs of Staff.

by striking ‘‘investments’’ and inserting ‘‘programs’’. an identification of the appropriate chief management officer and senior Department of Defense official designated under subsection (f). and (E) in subparagraph (D). ‘‘(iii) The Chief Information Officer of the Department of Defense. by inserting ‘‘program’’ after ‘‘defense business system’’. (3) by striking paragraph (3) and inserting the following new paragraph (3): ‘‘(3) For each such program. and † S 1867 ES .’’. and (B) in subparagraph (A).—Subsection (h) of such 10 section is amended— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in paragraph (1). by striking ‘‘the system’’ and inserting ‘‘the system covered by such program’’.’’.407 1 2 3 4 5 6 7 8 9 ‘‘(ii) The appropriate senior Department of Defense official for the functions and activities supported by the defense business system under review. (2) in paragraph (2)— (A) in the matter preceding subparagraph (A). by striking ‘‘such system’’ and inserting ‘‘such program’’. (e) BUDGET INFORMATION.

408 1 2 3 4 (4) in paragraph (4), by striking ‘‘such system’’ both places it appears and inserting ‘‘such program’’. (f) REPORTS
TO

CONGRESS.—Subsection (i) of such

5 section is amended— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) in the matter preceding paragraph (1)— (A) by striking ‘‘2005 through 2013’’ and inserting ‘‘2012 through 2016’’; (B) by striking the second sentence; and (C) by striking ‘‘Subsequent reports’’ and inserting ‘‘Each report’’; (2) by striking ‘‘modernizations’’ each place it appears in paragraphs (1) and (2) and inserting ‘‘programs’’; (3) by striking paragraph (3) and inserting the following new paragraph (3): ‘‘(3) identify any covered defense business system program for which a waiver was granted under subsection (a)(1)(B) during the preceding fiscal year, and set forth the reasons for each such waver; and’’; and (4) in paragraph (4), by striking ‘‘modernization efforts’’ and inserting ‘‘programs’’. (g) DEFINITIONS.—Subsection (j) of such section is

25 amended—

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409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) by striking paragraphs (1) and (3); (2) by redesignating paragraphs (2), (4), (5), and (6) as paragraphs (1), (3), (4), and (5), respectively; and (3) by inserting after paragraph (1), as redesignated by paragraph (2) of this subsection, the following new paragraph (2): ‘‘(2) The term ‘covered defense business system program’ means any program as follows: ‘‘(A) A program for the acquisition or development of a new defense business system with a total cost in excess of $1,000,000. ‘‘(B) A program for any significant modification or enhancement of an existing defense business system with a total cost in excess of $1,000,000. ‘‘(C) A program for the operation and maintenance of an existing defense business system, if the estimated cost of operation and maintenance of such system exceeds $1,000,000 over the period of the current future-years defense program submitted to Congress under section 221 of this title.’’.

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410 1 2 3 4 5
SEC. 1003. MODIFICATION OF AUTHORITIES ON CERTIFICATION AND CREDENTIAL STANDARDS FOR FINANCIAL MANAGEMENT POSITIONS IN THE DEPARTMENT OF DEFENSE.

(a) IN GENERAL.—Section 1599d of title 10, United

6 States Code, is amended to read as follows: 7 ‘‘§ 1599d. Financial management positions: authority 8 9 10
to prescribe professional certification

and credential standards

‘‘(a) AUTHORITY TO PRESCRIBE PROFESSIONAL
AND

11 CERTIFICATION

CREDENTIAL STANDARDS.—The

12 Secretary of Defense may prescribe professional certifi13 cation and credential standards for financial management 14 positions within the Department of Defense, including re15 quirements for formal education and requirements for cer16 tifications that individuals have met predetermined quali17 fications set by an agency of Government or by an indus18 try or professional group. Any such professional certifi19 cation or credential standard shall be prescribed as a De20 partment regulation. 21 ‘‘(b) WAIVER.—The Secretary may waive any stand-

22 ard prescribed under subsection (a) whenever the Sec23 retary determines such a waiver to be appropriate. 24 ‘‘(c) APPLICABILITY.—(1) Except as provided in

25 paragraph (2), the Secretary may, in the Secretary’s dis26 cretion—
† S 1867 ES

411 1 2 3 4 5 6 7 8 9 ‘‘(A) require that a standard prescribed under subsection (a) apply immediately to all personnel holding financial management positions designated by the Secretary; or ‘‘(B) delay the imposition of such a standard for a reasonable period to permit persons holding financial management positions so designated time to comply. ‘‘(2) A formal education requirement prescribed

10 under subsection (a) shall not apply to any person em11 ployed by the Department in a financial management posi12 tion before the standard is prescribed. 13 ‘‘(d) DISCHARGE
OF

AUTHORITY.—The Secretary

14 shall prescribe any professional certification or credential 15 standards under subsection (a) through the Under Sec16 retary of Defense (Comptroller), in consultation with the 17 Under Secretary of Defense for Personnel and Readiness. 18 ‘‘(e) REPORTS.—Not later than one year after the ef-

19 fective date of any regulations prescribed under subsection 20 (a), or any significant modification of such regulations, 21 the Secretary shall, in conjunction with the Director of 22 the Office of Personnel Management, submit to Congress 23 a report setting forth the plans of the Secretary to provide 24 training to appropriate Department personnel to meet any

† S 1867 ES

412 1 new professional certification or credential standard under 2 such regulations or modification. 3 4 ‘‘(f) FINANCIAL MANAGEMENT POSITION DE-

FINED.—In

this section, the term ‘financial management

5 position’ means a position or group of positions (including 6 civilian and military positions), as designated by the Sec7 retary for purposes of this section, that perform, super8 vise, or manage work of a fiscal, financial management, 9 accounting, auditing, cost or budgetary nature, or that re10 quire the performance of financial management related 11 work.’’. 12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 81 of such title is amended 14 by striking the item relating to section 1599d and insert15 ing the following new item:
‘‘1599d. Financial management positions: authority to prescribe professional certification and credential standards.’’.

16 17 18

SEC. 1004. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE PROTECTION AGREEMENTS.

(a) IN GENERAL.—Section 5(b) of the Act of May

19 27, 1955 (chapter 105; 69 Stat. 67; 42 U.S.C. 1856d(b)), 20 is amended to read as follows: 21 ‘‘(b) Notwithstanding subsection (a), all sums re-

22 ceived as reimbursements for costs incurred by any De23 partment of Defense activity for fire protection rendered 24 pursuant to this Act shall be credited to the same appro† S 1867 ES

413 1 priation or fund from which the expenses were paid or, 2 if the period of availability for obligation for that appro3 priation has expired, to the appropriation or fund that is 4 currently available to the activity for the same purpose. 5 Amounts so credited shall be subject to the same provi6 sions and restrictions as the appropriation or account to 7 which credited.’’. 8 (b) APPLICABILITY.—The amendment made by sub-

9 section (a) shall apply with respect to reimbursements for 10 expenditures of funds appropriated after the date of the 11 enactment of this Act. 12 13 14
SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF DEPARTMENT OF DEFENSE.

Section 1003(a)(2)(A)(ii) of the National Defense

15 Authorization Act for Fiscal Year 2010 (Public Law 111– 16 84; 123 Stat. 2440; 10 U.S.C. 2222 note) is amended by 17 inserting ‘‘, and that a complete and validated full state18 ment of budget resources is ready by not later than Sep19 tember 30, 2014’’ after ‘‘validated as ready for audit by 20 not later than September 30, 2017’’. 21 22 23
SEC. 1006. PLAN TO ENSURE AUDIT READINESS OF STATEMENTS OF BUDGETARY RESOURCES.

(a) PLANNING REQUIREMENT.—The report to be

24 issued pursuant to section 1003(b) of the National De25 fense Authorization Act for 2010 (Public Law 111–84;

† S 1867 ES

414 1 123 Stat. 2440; 10 U.S.C. 2222 note) and provided by 2 not later than May 15, 2012, shall include a plan, includ3 ing interim objectives and a schedule of milestones for 4 each military department and for the defense agencies, to 5 ensure that the statement of budgetary resources of the 6 Department of Defense meets the goal established by the 7 Secretary of Defense of being validated for audit by not 8 later than September 30, 2014. Consistent with the re9 quirements of such section, the plan shall ensure that the 10 actions to be taken are systemically tied to process and 11 control improvements and business systems modernization 12 efforts necessary for the Department to prepare timely, 13 reliable, and complete financial management information 14 on a repeatable basis. 15 (b) SEMIANNUAL UPDATES.—The reports to be

16 issued pursuant to such section after the report described 17 in subsection (a) shall update the plan required by such 18 subsection and explain how the Department has pro19 gressed toward meeting the milestones established in the 20 plan.

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415 1 2 3 4 5 6 7 8

Subtitle B—Counter-Drug Activities
SEC. 1011. FIVE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE ADDITIONAL SUPPORT FOR

COUNTERDRUG ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.

(a) FIVE-YEAR EXTENSION.—Subsection (a) of sec-

9 tion 1004 of the National Defense Authorization Act for 10 Fiscal Year 1991 (10 U.S.C. 374 note) is amended by 11 striking ‘‘During fiscal years 2002 through 2011’’ and in12 serting ‘‘Until September 30, 2016’’. 13 (b) COVERAGE
OF

TRIBAL LAW ENFORCEMENT

14 AGENCIES.— 15 16 17 18 19 20 21 22 23 24 (1) IN amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting ‘‘tribal,’’ after ‘‘local,’’; and (ii) in paragraph (2), by striking ‘‘State or local’’ both places it appears and insert ‘‘State, local, or tribal’’; and (B) in subsection (b)—
GENERAL.—Such

section is further

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416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (i) in paragraph (1), by striking ‘‘State or local’’ and inserting ‘‘State, local, or tribal’’; (ii) in paragraph (4), by striking ‘‘State, or local’’ and inserting ‘‘State, local, or tribal’’; and (iii) in paragraph (5), by striking ‘‘State and local’’ and inserting ‘‘State, local, and tribal’’. (2) TRIBAL
GOVERNMENT DEFINED.—Such

sec-

tion is further amended by adding at the end the following new subsection: ‘‘(i) DEFINITIONS RELATING
MENTS.—In TO

TRIBAL GOVERN-

this section:

‘‘(1) The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ‘‘(2) The term ‘tribal government’ means the governing body of an Indian tribe.’’.

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417 1 2 3 4 5
SEC. 1012. FIVE-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.

(a) IN GENERAL.—Subsection (a)(2) of section 1033

6 of the National Defense Authorization Act for Fiscal Year 7 1998 (Public Law 105–85; 111 Stat. 1881), as most re8 cently amended by section 1014(a) of the Ike Skelton Na9 tional Defense Authorization Act for Fiscal Year 2011 10 (Public Law 111–383; 124 Stat. 4337), is further amend11 ed by striking ‘‘2012’’ and inserting ‘‘2017’’. 12 (b) MAXIMUM AMOUNT OF SUPPORT.—Section (e)(2)

13 of such section, as so amended, is further amended— 14 15 16 17 18 (1) by striking ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’; and (2) by striking ‘‘2012’’ and inserting ‘‘2017’’. (c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE

SUPPORT.—Subsection (b) of such section, as most

19 recently amended by section 1024(b) of the Duncan Hun20 ter National Defense Authorization Act for Fiscal Year 21 2009 (Public Law 110–417; 122 Stat. 4587), is further 22 amended by adding at the end the following new para23 graphs: 24 25 26 ‘‘(23) Government of Benin. ‘‘(24) Government of Cape Verde. ‘‘(25) Government of The Gambia.
† S 1867 ES

418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ‘‘(26) Government of Ghana. ‘‘(27) Government of Guinea. ‘‘(28) Government of Ivory Coast. ‘‘(29) Government of Jamaica. ‘‘(30) Government of Liberia. ‘‘(31) Government of Mauritania. ‘‘(32) Government of Nicaragua. ‘‘(33) Government of Nigeria. ‘‘(34) Government of Sierra Leone. ‘‘(35) Government of Togo.’’.
SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.

Section 1022(a) of the Floyd D. Spence National De-

15 fense Authorization Act for Fiscal Year 2001 (as enacted 16 into law by Public Law 106–398; 114 Stat. 1654A–255), 17 as most recently amended by the section 1013 of the Ike 18 Skelton National Defense Authorization Act for Fiscal 19 Year 2011 (Public Law 111–383; 124 Stat. 4347), is fur20 ther amended by striking ‘‘February 15, 2011’’ and in21 serting ‘‘February 15, 2012’’.

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419 1 2 3 4 5
SEC. 1014. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING

COUNTER-TERRORISM ACTIVITIES.

(a) EXTENSION.—Section 1022(b) of the National

6 Defense Authorization Act for Fiscal Year 2004 (10 7 U.S.C. 371 note) is amended by striking ‘‘2011’’ and in8 serting ‘‘2012’’. 9 (b) LIMITATION
ON

EXERCISE

OF

AUTHORITY.—The

10 authority in section 1022 of the National Defense Author11 ization Act for Fiscal Year 2004, as amended by sub12 section (a), may not be exercised after September 30, 13 2011, unless the Secretary of Defense certifies to Con14 gress, in writing, that the Department of Defense is in 15 compliance with the provisions of paragraph (2) of sub16 section (d) of such section, as added by section 1012(b) 17 of the Ike Skelton National Defense Authorization Act for 18 Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4346). 19 20 21 22
SEC. 1015. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED COUNTERDRUG AND COUNTERTER-

RORISM CAMPAIGN IN COLOMBIA.

Section 1021(a)(1) of the Ronald W. Reagan Na-

23 tional Defense Authorization Act for Fiscal Year 2005 24 (Public Law 108–375; 118 Stat. 2042), as most recently 25 amended by section 1011 of the Ike Skelton National De26 fense Authorization Act for Fiscal Year 2011 (Public Law
† S 1867 ES

420 1 111–383; 124 Stat. 4346), is further amended by striking 2 ‘‘2011’’ and inserting ‘‘2012’’. 3 4 5 6 7 8 9

Subtitle C—Naval Vessels and Shipyards
SEC. 1021. LIMITATION ON AVAILABILITY OF FUNDS FOR PLACING MARITIME PREPOSITIONING SHIP SQUADRONS ON REDUCED OPERATING STATUS.

No amounts authorized to be appropriated by this

10 Act may be obligated or expended to place a Maritime 11 Prepositioning Ship squadron, or any component thereof, 12 on reduced operating status until the later of the fol13 lowing: 14 15 16 17 18 19 20 21 22 23 24 25 (1) The date on which the Commandant of the Marine Corps submits to the congressional defense committees a report setting forth an assessment of the impact on military readiness of the plans of the Navy for placing such Maritime Prepositioning Ship squadron, or component thereof, on reduced operating status. (2) The date on which the Chief of Naval Operations submits to the congressional defense committees a report that— (A) describes the plans of the Navy for placing such Maritime Prepositioning Ship

† S 1867 ES

421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 squadron, or component thereof, on reduced operating status; and (B) sets forth comments of the Chief of Naval Operations on the assessment described in paragraph (1). (3) The date on which the Secretary of Defense certifies to the congressional defense committees that the risks to readiness of placing such Maritime Prepositioning squadron, or component thereof, on reduced operating status are acceptable.
SEC. 1022. MODIFICATION OF CONDITIONS ON STATUS OF RETIRED AIRCRAFT CARRIER EX-JOHN F. KENNEDY.

Section 1011(c)(2) of the John Warner National De-

15 fense Authorization Act for Fiscal Year 2007 (Public Law 16 109–364; 120 Stat. 2374) is amended by striking ‘‘shall 17 require’’ and all that follows and inserting ‘‘may, notwith18 standing paragraph (1), demilitarize the vessel in prepara19 tion for the transfer.’’. 20 21 22 23
SEC. 1023. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME SAFETY OF FORCES AND HYDROGRAPHIC SUPPORT.

(a) AUTHORITY.—Part IV of subtitle C of title 10,

24 United States Code, is amended by adding at the end the 25 following new chapter:

† S 1867 ES

422 1 2 ‘‘CHAPTER 669—MARITIME SAFETY OF FORCES
‘‘Sec. ‘‘7921. Safety and effectiveness information; hydrographic information.

3 ‘‘§ 7921. Safety and effectiveness information; hydro4 5
graphic information

‘‘(a) SAFETY

AND

EFFECTIVENESS INFORMATION.—

6 (1) The Secretary of the Navy shall maximize the safety 7 and effectiveness of all maritime vessels, aircraft, and 8 forces of the armed forces by means of— 9 10 11 12 13 14 and ‘‘(C) forecasting of hazardous weather and ocean conditions. ‘‘(2) The Secretary may extend similar support to ‘‘(A) marine data collection; ‘‘(B) numerical weather and ocean prediction;

15 forces of the North Atlantic Treaty Organization, and to 16 coalition forces, that are operating with the armed forces. 17 ‘‘(b) HYDROGRAPHIC INFORMATION.—The Secretary

18 of the Navy shall collect, process, and provide to the Direc19 tor of the National Geospatial-Intelligence Agency hydro20 graphic information to support preparation of maps, 21 charts, books, and geodetic products by that Agency.’’. 22 (b) CLERICAL AMENDMENT.—The table of chapters

23 at the beginning of subtitle C of such title, and the table 24 of chapters at the beginning of part IV of such subtitle,
† S 1867 ES

423 1 are each amended by inserting after the item relating to 2 chapter 667 the following new item:
‘‘669. Maritime Safety of Forces .............................................................. 7921’’.

3 4 5 6

SEC. 1024. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR NAMING THE VESSELS OF THE NAVY.

(a) REPORT REQUIRED.—Not later than 180 days

7 after the date of the enactment of this Act, the Secretary 8 of Defense shall submit to Congress a report on the poli9 cies and practices of the Navy for naming vessels of the 10 Navy. 11 (b) ELEMENTS.—The report required by subsection

12 (a) shall set forth the following: 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) A description of the current policies and practices of the Navy for naming vessels of the Navy. (2) A description of the extent to which the policies and practices described under paragraph (1) vary from historical policies and practices of the Navy for naming vessels of the Navy, and an explanation for such variances (if any). (3) An assessment of the feasibility and advisability of establishing fixed policies for the naming of one or more classes of vessels of the Navy, and a statement of the policies recommended to apply to each class of vessels recommended to be covered by
† S 1867 ES

424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 such fixed policies if the establishment of such fixed policies is considered feasible and advisable. (4) Any other matters relating to the policies and practices of the Navy for naming vessels of the Navy that the Secretary of Defense considers appropriate.
SEC. 1025. ASSESSMENT OF STATIONING OF ADDITIONAL DDG–51 CLASS DESTROYERS AT NAVAL STATION MAYPORT, FLORIDA.

(a) NAVY ASSESSMENT REQUIRED.— (1) IN
GENERAL.—Not

later than one year

after the date of the enactment of this Act, the Secretary of the Navy shall conduct an analysis of the costs and benefits of stationing additional DDG–51 class destroyers at Naval Station Mayport, Florida. (2) ELEMENTS.—The analysis required by paragraph (1) shall include, at a minimum, the following: (A) Consideration of the negative effects on the ship repair industrial base at Naval Station Mayport caused by the retirement of FFG– 7 class frigates and the procurement delays of the Littoral Combat Ship, including, in particular, the increase in costs (which would be passed on to the taxpayer) of reconstituting the

† S 1867 ES

425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ship repair industrial base at Naval Station Mayport following the projected drastic decrease in workload. (B) Updated consideration of life extensions of FFG–7 class frigates in light of continued delays in deliveries of the Littoral Combat Ship deliveries. (C) Consideration of the possibility of bringing additional surface warships to Naval Station Mayport for maintenance with the consequence of spreading the ship repair workload appropriately amongst the various public and private shipyards and ensuring the long-term health of the shipyard in Mayport. (b) COMPTROLLER GENERAL
OF THE

UNITED

16 STATES ASSESSMENT.—Not later than 120 days after the 17 submittal of the report required by subsection (a), the 18 Comptroller General of the United States shall submit to 19 Congress an assessment by the Comptroller General of the 20 report, including a determination whether or not the re21 port complies with applicable best practices. 22 23 24
SEC. 1026. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE NAVY.

(a) TRANSFER FROM MARAD AUTHORIZED.—The

25 Secretary of the Navy may, subject to appropriations,

† S 1867 ES

AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE. United States 14 Code).—Congress affirms that the author- 21 ity of the President to use all necessary and appropriate 22 force pursuant to the Authorization for Use of Military 23 Force (Public Law 107–40) includes the authority for the 24 Armed Forces of the United States to detain covered per- † S 1867 ES . (a) IN GENERAL. (2) M/V ALAKAI. 15 16 17 18 19 20 Subtitle D—Detainee Matters SEC. provide to the Maritime Administration 3 of the Department of Transportation an amount not to 4 exceed $35.000.426 1 from funds available for the Department of Defense for 2 fiscal year 2012.000 for the transfer by the Maritime Ad5 ministration to the Department of the Navy of jurisdiction 6 and control over the vessels as follows: 7 8 9 (1) M/V HUAKAI. 1031.—Each vessel transferred to the Department of 11 the Navy under subsection (a) shall be administered as 12 a Department of Defense sealift vessel (as such term is 13 defined in section 2218(k)(2) of title 10. (b) USE AS DEPARTMENT OF DEFENSE SEALIFT 10 VESSELS.

(2) Trial under chapter 47A of title 10.427 1 sons (as defined in subsection (b)) pending disposition 2 under the law of war. (2) A person who was a part of or substantially supported al-Qaeda. or aided the terrorist attacks that occurred on September 11. (c) DISPOSITION UNDER LAW OF WAR.—The dis- 17 position of a person under the law of war as described 18 in subsection (a) may include the following: 19 20 21 22 23 24 25 (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force. 3 (b) COVERED PERSONS.—A covered person under 4 this section is any person as follows: 5 6 7 8 9 10 11 12 13 14 15 16 (1) A person who planned. 2001. including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces. authorized. or associated forces that are engaged in hostilities against the United States or its coalition partners. or harbored those responsible for those attacks. committed. United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111– 84)). the Taliban. † S 1867 ES .

(4) Transfer to the custody or control of the person’s country of origin. 21 22 SEC. REQUIREMENT FOR MILITARY CUSTODY. 10 (e) AUTHORITIES.—Nothing in this section is in- 7 tended to limit or expand the authority of the President 8 or the scope of the Authorization for Use of Military 9 Force. 15 (f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—Nothing in this section shall be 11 construed to affect existing law or authorities. and individ19 uals considered to be ‘‘covered persons’’ for purposes of 20 subsection (b)(2). (d) CONSTRUCTION. (a) CUSTODY PENDING DISPOSITION UNDER LAW OF 23 WAR.— 16 The Secretary of Defense shall regularly brief Congress 17 regarding the application of the authority described in this 18 section. any other foreign country. the Armed Forces of the United States † S 1867 ES .—Except as provided in para- graph (4).428 1 2 3 4 5 6 (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction. 1032. relating to 12 the detention of United States citizens. entities.— 24 25 (1) IN GENERAL. or any other foreign entity. including the organizations. lawful resident 13 aliens of the United States or any other persons who are 14 captured or arrested in the United States.

or part of.429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107–40) in military custody pending disposition under the law of war. and (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.—For purposes of this subsection. (2) COVERED PERSONS. (3) DISPOSITION UNDER LAW OF WAR.—The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined— (A) to be a member of. alQaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda. except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033. the disposition of a person under the law of war has the meaning given in section 1031(c). † S 1867 ES .

—The require- ment to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States. in consultation with the Secretary of State and the Director of National Intelligence.430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AND (4) WAIVER FOR NATIONAL SECURITY. (2) LAWFUL RESIDENT ALIENS.— (1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act. procedures for implementing this section. waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.— (1) UNITED STATES CITIZENS. except to the extent permitted by the Constitution of the United States.—The require- ment to detain a person in military custody under this section does not extend to citizens of the United States. † S 1867 ES .—The Secretary of Defense may. (c) IMPLEMENTATION PROCEDURES. (b) APPLICABILITY TO UNITED STATES CITIZENS LAWFUL RESIDENT ALIENS. and submit to Congress. the President shall issue.

(B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States. procedures as follows: (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made. but not be limited to. (D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence. (C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session. or other government officials of the United States are granted access to an indi- † S 1867 ES .—The procedures for implementing this section shall include. law enforcement.431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) ELEMENTS.

16 17 18 19 20 21 22 23 24 25 SEC. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION.—Except as provided in para- graph (2) and subsection (d). and shall apply with respect to persons de13 scribed in subsection (a)(2) who are taken into the custody 14 or brought under the control of the United States on or 15 after that effective date. CUBA. TO FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.— TO TRANS- (1) IN GENERAL. (d) EFFECTIVE DATE. 1033.432 1 2 3 4 5 6 7 8 9 10 vidual who remains in the custody of a third country.—This section shall take effect 11 on the date that is 60 days after the date of the enactment 12 of this Act. GUANTANAMO BAY. (a) CERTIFICATION REQUIRED PRIOR FER. (E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished. the Secretary of Defense may not use any amounts authorized to be ap- † S 1867 ES .

433 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 propriated or otherwise available to the Department of Defense for fiscal year 2012 to transfer any individual detained at Guantanamo to the custody or control of the individual’s country of origin. any other foreign country. (2) EXCEPTION. (b) CERTIFICATION.—Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate— (A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance). that the government of the foreign country or the † S 1867 ES . with the concurrence of the Secretary of State 24 and in consultation with the Director of National Intel25 ligence. or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.—A certification described in this 22 subsection is a written certification made by the Secretary 23 of Defense. or (B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.

(4) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States. (5) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity. or its allies in the future.434 1 recognized leadership of the foreign entity to which the 2 individual detained at Guantanamo is to be transferred— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) is not a designated state sponsor of terrorism or a designated foreign terrorist organization. † S 1867 ES . and (B) could affect the security of the United States. its citizens. (2) maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility. and (6) has agreed to share with the United States any information that— (A) is related to the individual or any associates of the individual. as of the date of the certification. its citizens. facing a threat that is likely to substantially affect its ability to exercise control over the individual. (3) is not. or its allies.

at any time after September 11. who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity. or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station.— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) PROHIBITION.—Except as provided in paragraph (2) and subsection (d).435 1 (c) PROHIBITION IN CASES OF PRIOR CONFIRMED 2 RECIDIVISM. Guantanamo Bay. Cuba. or † S 1867 ES . (2) EXCEPTION. the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or control of the individual’s country of origin. 2001.—Paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate— (A) an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance). any other foreign country.

(d) NATIONAL SECURITY WAIVER.— (1) IN GENERAL. determines that— (A) alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived. the Secretary has considered any confirmed case in which an individual who was transferred † S 1867 ES . with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence. (C) in the case of a waiver of subsection (c). (B) in the case of a waiver of paragraph (4) or (5) of subsection (b).436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act.—The Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in paragraph (4) or (5) of subsection (b) or the prohibition in subsection (c) if the Secretary. it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated. but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred.

including— (i) an explanation why the transfer is in the national security interests of the United States. an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated. the following: (A) A copy of the determination and the waiver concerned. and (ii) in the case of a waiver of paragraph (4) or (5) of subsection (b). (B) A statement of the basis for the determination. and (D) the transfer is in the national security interests of the United States.437 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the country subsequently engaged in terrorist activity. (2) REPORTS. not later than 30 days before the transfer of the individual concerned.—Whenever the Secretary makes a determination under paragraph (1). and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred. † S 1867 ES . the Secretary shall submit to the appropriate committees of Congress.

and (B) is— (i) in the custody or under the control of the Department of Defense. who— (A) is not a citizen of the United States or a member of the Armed Forces of the United States. and to mitigate the risks addressed in. the Committee on Appropriations. (2) The term ‘‘individual detained at Guantanamo’’ means any individual located at United States Naval Station. as of October 1. and the Select Committee on Intelligence of the Senate. or † S 1867 ES . the Committee on Appropriations. (e) DEFINITIONS.438 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (C) A summary of the alternative actions to be taken to address the underlying purpose of. Guantanamo Bay. Cuba. 2009.—In this section: (1) The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Armed Services. and the Permanent Select Committee on Intelligence of the House of Representatives. the paragraph or subsection to be waived. and (B) the Committee on Armed Services.

Cuba. (a) IN GENERAL. 11 4351) is repealed. (3) The term ‘‘foreign terrorist organization’’ means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U. its territories.S. 12 13 14 15 16 17 SEC.—Section 9 1033 of the Ike Skelton National Defense Authorization 10 Act for Fiscal Year 2011 (Public Law 111–383.—No amounts authorized to be ap- 18 propriated or otherwise made available to the Department 19 of Defense for fiscal year 2012 may be used to construct 20 or modify any facility in the United States. Guantanamo Bay.439 1 2 3 4 5 6 7 8 (ii) otherwise under detention at United States Naval Station. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY TO FACILITIES HOUSE IN THE UNITED TRANS- STATES DETAINEES FERRED FROM UNITED STATES NAVAL STATION. † S 1867 ES . CUBA. 1189).C. (f) REPEAL OF SUPERSEDED AUTHORITY. 1034. 124 Stat. 21 or possessions to house any individual detained at Guanta22 namo for the purposes of detention or imprisonment in 23 the custody or under the control of the Department of De24 fense unless authorized by Congress. GUANTANAMO BAY.

1035. 13567 for individuals detained at United 22 States Naval Station.—Section 9 1034 of the Ike Skelton National Defense Authorization 10 Act for Fiscal Year 2011 (Public Law 111–383. Guantanamo Bay. (a) PROCEDURES REQUIRED. (b). 8 (d) REPEAL OF SUPERSEDED AUTHORITY.440 1 (b) EXCEPTION. 12 13 14 15 16 SEC. 124 Stat. 11 4353) is amended by striking subsections (a). 4 5 (c) INDIVIDUAL DETAINED FINED. † S 1867 ES . the Sec18 retary of Defense shall submit to the appropriate commit19 tees of Congress a report setting forth procedures for im20 plementing the periodic review process required by Execu21 tive Order No. GUANTANAMO BAY.—In AT GUANTANAMO DE- this section. Guantanamo Bay. and (c). pursuant 23 to the Authorization for Use of Military Force (Public 24 Law 107–40). the term ‘‘individual detained at 6 Guantanamo’’ has the meaning given that term in section 7 1033(e)(2). Cuba. CUBA. Cuba.—Not later than 180 17 days after the date of the enactment of this Act.—The prohibition in subsection (a) 2 shall not apply to any modification of facilities at United 3 States Naval Station. PROCEDURES FOR PERIODIC DETENTION REVIEW OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION.

the Taliban. (2) clarify that the Secretary of Defense is responsible for any final decision to release or transfer an individual detained in military custody at United States Naval Station. including— (A) the likelihood the detainee will resume terrorist activity if transferred or released. and (3) ensure that appropriate consideration is given to factors addressing the need for continued detention of the detainee. or associ- † S 1867 ES .441 1 (b) COVERED MATTERS. but shall not be bound by any such recommendation.—The procedures submitted 2 under subsection (a) shall. and that in making such a final decision. the Secretary shall consider the recommendation of a periodic review board or review committee established pursuant to such Executive Order. Cuba. at a minimum— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) clarify that the purpose of the periodic review process is not to determine the legality of any detainee’s law of war detention. Guantanamo Bay. pursuant to the Executive Order referred to in subsection (a). (B) the likelihood the detainee will reestablish ties with al-Qaeda. but to make discretionary determinations whether or not a detainee represents a continuing threat to the security of the United States.

tribal. PROCEDURES FOR STATUS DETERMINATIONS.442 1 2 3 4 5 6 7 8 9 10 11 12 ated forces that are engaged in hostilities against the United States or its coalition partners if transferred or released. (c) APPROPRIATE COMMITTEES FINED. 1036. (C) the likelihood of family. the Secretary of Defense 22 shall submit to the appropriate committees of Congress 23 a report setting forth the procedures for determining the 24 status of persons detained pursuant to the Authorization † S 1867 ES . and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. (a) IN GENERAL.—Not later than 90 days after the 21 date of the enactment of this Act. or government rehabilitation or support for the detainee if transferred or released. (D) the likelihood the detainee may be subject to trial by military commission. and (E) any law enforcement interest in the detainee.—In OF CONGRESS DE- this section. the term ‘‘appropriate commit- 13 tees of Congress’’ means— 14 15 16 17 18 19 20 (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate.

3 (b) ELEMENTS OF PROCEDURES. at the election of the belligerent. 22 23 (d) APPROPRIATE COMMITTEES FINED. (c) REPORT ON MODIFICATION OF PROCEDURES.—The procedures 4 required by this section shall provide for the following in 5 the case of any unprivileged enemy belligerent who will 6 be held in long-term detention under the law of war pursu7 ant to the Authorization for Use of Military Force: 8 9 10 11 12 13 14 15 (1) A military judge shall preside at proceedings for the determination of status of an unprivileged enemy belligerent.— 16 The Secretary of Defense shall submit to the appropriate 17 committees of Congress a report on any modification of 18 the procedures submitted under this section. be represented by military counsel at proceedings for the determination of status of the belligerent.443 1 for Use of Military Force (Public Law 107–40) for pur2 poses of section 1031. the term ‘‘appropriate commit- 24 tees of Congress’’ means— † S 1867 ES . The report 19 on any such modification shall be so submitted not later 20 than 60 days before the date on which such modification 21 goes into effect.—In OF CONGRESS DE- this section. (2) An unprivileged enemy belligerent may.

—(1) A plea of guilty 22 made by the accused that is accepted by a military judge 23 under subsection (b) and not withdrawn prior to an24 nouncement of the sentence may form the basis for an 25 agreement reducing the maximum sentence approved by † S 1867 ES . (a) CLARIFICATION OF RIGHT. and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. and (2) in subparagraph (D). is amended— 11 12 13 14 15 16 17 18 (1) in subparagraph (C). by inserting ‘‘on the sentence’’ after ‘‘vote was taken’’. United States Code.—Section 949i of such 19 title is amended by adding at the end the following new 20 subsection: 21 ‘‘(c) PRE-TRIAL AGREEMENTS. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF CAPITAL OFFENSE BY MILITARY COMMISSION.—Section 949m(b)(2) 10 of title 10. SEC. (b) PRE-TRIAL AGREEMENTS. 1037.444 1 2 3 4 5 6 7 8 9 (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate. or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance with section 949i(b) of this title’’. by inserting before the semicolon the following: ‘‘.

including the reduction of a sen2 tence of death to a lesser punishment.’’. Such an agree5 ment may provide for terms and conditions in addition to 6 a guilty plea by the accused in order to be effective. or control of the Depart24 ment of Defense and the persons on that property. 7 ‘‘(2) A plea agreement under this subsection may not 8 provide for a sentence of death imposed by a military 9 judge alone. A sentence of death may only be imposed by 10 the unanimous vote of all members of a military commis11 sion concurring in the sentence of death as provided in 12 section 949m(b)(2)(D) of this title. 13 14 15 16 17 Subtitle E—Miscellaneous Authorities and Limitations SEC. custody.— † S 1867 ES .445 1 the convening authority. is amended by insert19 ing after section 2671 the following new section: 20 ‘‘§ 2672. United States Code. or that the case 3 will be referred to a military commission under this chap4 ter without seeking the penalty of death.—Chapter 18 159 of title 10. (a) SECRETARY OF DEFENSE AUTHORITY. MANAGEMENT OF DEPARTMENT OF DEFENSE INSTALLATIONS. and property that are 23 under the jurisdiction. grounds.—The Secretary of Defense shall 22 protect the buildings. 1041. 25 ‘‘(b) OFFICERS AND AGENTS. Protection of property 21 ‘‘(a) IN GENERAL.

by installation. including. with regard to civilian officers and agents.446 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(1) DESIGNATION. are authorized to be † S 1867 ES . by position. ‘‘(ii) Which authorities provided for in paragraph (2) may be exercised by personnel in that category. ‘‘(C) In making a designation under subparagraph (A) with respect to any category of personnel. the Secretary shall specify each of the following: ‘‘(i) The personnel or positions to be included in the category. if any.—(A) The Secretary may designate military or civilian personnel of the Department of Defense as officers and agents to perform the functions of the Secretary under subsection (a). ‘‘(B) A designation under subparagraph (A) may be made by individual. duty in areas outside the property specified in that subsection to the extent necessary to protect that property and persons on that property. or by such other category of personnel as the Secretary determines appropriate. ‘‘(iii) In the case of civilian personnel in that category— ‘‘(I) which authorities provided for in paragraph (2).

and ‘‘(ii) the necessary and proper training for the authorities to be exercised is available to the personnel in that category. with respect to the category of personnel to be covered by that designation. that— ‘‘(i) the exercise of each specific authority provided for in paragraph (2) to be delegated to that category of personnel is necessary for the performance of the duties of the personnel in that category and such duties cannot be performed as effectively without such authorities.—Subject to subsection (h) and to the extent specifically authorized by the Sec- † S 1867 ES . ‘‘(2) POWERS.447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exercised outside the property specified in subsection (a). the cir- cumstances under which coordination with law enforcement officials outside of the Department of Defense should be sought in advance. ‘‘(D) The Secretary may make a designation under subparagraph (A) only if the Secretary determines. and ‘‘(II) with respect to the exercise of any such authorities outside the property specified in subsection (a).

448 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 retary. an officer or agent designated under this subsection may— ‘‘(A) enforce Federal laws and regulations for the protection of persons and property. custody. including traffic regulations.—The Secretary may pre- scribe regulations. or ‘‘(ii) for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. ‘‘(D) serve warrants and subpoenas issued under the authority of the United States. of offenses that may have been committed against property under the jurisdiction.— ‘‘(1) IN GENERAL. on and off the property in question. nec- † S 1867 ES . ‘‘(C) make arrests— ‘‘(i) without a warrant for any offense against the United States committed in the presence of the officer or agent. ‘‘(B) carry firearms. while engaged in the performance of official duties pursuant to this section. ‘‘(c) REGULATIONS. and ‘‘(E) conduct investigations. or control of the Department of Defense or persons on such property.

imprisoned for not more than 30 days.449 1 2 3 4 5 6 7 8 9 10 11 12 13 essary for the protection and administration of property under the jurisdiction. 23 24 ‘‘(f) FACILITIES CIES. ‘‘(d) LIMITATION ON DELEGATION OF AUTHORITY. The regulations shall be posted and remain posted in a conspicuous place on the property to which they apply.—A person violating a regulation prescribed under this subsection shall be fined under title 18. or control of the Department of Defense and persons on that property. 17 ‘‘(e) DISPOSITION OF PERSONS ARRESTED. when the Secretary 25 determines it to be economical and in the public interest.— 14 The authority of the Secretary of Defense under sub15 sections (b) and (c) may be exercised only by the Secretary 16 or Deputy Secretary of Defense. other than in the case of a person who is subject 21 to chapter 47 of this title (the Uniform Code of Military 22 Justice).—In AND SERVICES OF OTHER AGEN- implementing this section. or both. ‘‘(2) PENALTIES. for violations of the regulations.—A per- 18 son who is arrested pursuant to authority exercised under 19 subsection (b) may not be held in a military confinement 20 facility. custody. † S 1867 ES . within the limits prescribed in paragraph (2). The regulations may include reasonable penalties.

‘‘(2) to restrict the authority of the Secretary of Homeland Security or of the Administrator of Gen- † S 1867 ES . tribal. 3 with the consent of those agencies.—The powers 16 granted pursuant to subsection (b)(2) to officers and 17 agents designated under subsection (b)(1) shall be exer18 cised in accordance with guidelines approved by the Attor19 ney General. or control of the Department of Defense and persons 8 on that property. and local law enforcement officers.— 21 Nothing in this section shall be construed— 22 23 24 25 ‘‘(1) to preclude or limit the authority of any Federal law enforcement agency. and local 10 governments to obtain authority for civilian officers and 11 agents designated under this section to enforce Federal 12 laws and State.450 1 the Secretary may utilize the facilities and services of Fed2 eral. State.— 6 For the protection of property under the jurisdiction. tribal. 14 tribal. tribal. the Secretary may enter into agreements 9 with Federal agencies and with State. cus7 tody. and local law enforcement agencies. and may reimburse 4 those agencies for the use of their facilities and services. and local laws concurrently with 13 other Federal law enforcement officers and with State. 20 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION. 15 ‘‘(h) ATTORNEY GENERAL APPROVAL. 5 ‘‘(g) AUTHORITY OUTSIDE FEDERAL PROPERTY.

— 17 Section 949a(b)(2)(C) of title 10.’’. is 18 amended by striking ‘‘preferred’’ in clauses (i) and (ii) and 19 inserting ‘‘sworn’’. Protection of property. by striking ‘‘a military appellate judge or other duly appointed judge under this chapter on’’ and inserting ‘‘a judge on’’.S. 1042. 20 21 (b) JUDGES TARY OF UNITED STATES COURT OF MILI- COMMISSION REVIEW.—Section 949b(b) of such 22 title is amended— 23 24 25 (1) in paragraph (1)(A). (b) CLERICAL AMENDMENT.C. or ‘‘(5) to restrict any other authority of the Secretary of Defense or the Secretary of a military department. (a) REFERENCE TO HOW CHARGES ARE MADE.451 1 2 3 4 5 6 7 8 9 10 eral Services to promulgate regulations affecting property under the custody and control of that Secretary or the Administrator. 797).’’. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS ACT OF 2009. ‘‘(4) to affect chapter 47 of this title.—The table of sections 11 at the beginning of such chapter is amended by inserting 12 after the item relating to section 2671 the following new 13 item: ‘‘2672. † S 1867 ES . 14 15 16 SEC. ‘‘(3) to expand or limit section 21 of the Internal Security Act of 1950 (50 U. respectively. United States Code.

by striking ‘‘an appellate military judge or a duly appointed appellate judge on’’ and inserting ‘‘a judge on’’. CIRCUIT. (B) in paragraph (1)— † S 1867 ES . by striking ‘‘a military appellate judge on’’ and inserting ‘‘a judge on’’.—Subsection OF MATTER SUBJECT TO (a) of section 950g of such title is amended by inserting ‘‘as affirmed or set aside as incorrect in law by’’ after ‘‘where applicable.’’. and (3) in paragraph (3)(B).—Section 950f(a) of such title 8 is amended by striking ‘‘appellate military judges’’ in the 9 second sentence and inserting ‘‘judges on the Court’’.452 1 2 3 4 5 6 7 (2) in paragraph (2).—Subsection ON TIME FOR SEEKING RE- (c) of such section is amended— (A) in the matter preceding paragraph (1). (2) CLARIFICATION VIEW. by striking ‘‘by the accused’’ and all that follows through ‘‘which—’’ and inserting ‘‘in the Court of Appeals—’’.C. 10 (d) REVIEW OF FINAL JUDGMENTS FOR THE BY UNITED 11 STATES COURT 12 13 14 15 16 17 18 19 20 21 22 23 OF APPEALS D. (c) PANELS TARY OF UNITED STATES COURT OF MILI- COMMISSION REVIEW.— (1) CLARIFICATION REVIEW.

United 18 States Code. not later than 20 days after the date on which such notice is submitted’’. Reintegration of recovered Department of 21 22 23 Defense personnel. (a) IN GENERAL. and (C) in paragraph (2)— (i) by inserting ‘‘if’’ after ‘‘(2)’’. SEC.453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (i) by inserting ‘‘not later than 20 days after the date on which’’ after ‘‘(1)’’.—Chapter 53 of title 10. and (ii) by inserting before the period the following: ‘‘. is amended by inserting after section 1056 19 the following new section: 20 ‘‘§ 1056a.— 24 The Secretary of Defense may carry out the following: † S 1867 ES . 1043. and (ii) by striking ‘‘on the accused or on defense counsel’’ and inserting ‘‘on the parties’’. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL AND RECOVERY RESUP- INTEGRATION POST-ISOLATION PORT ACTIVITIES. post-isolation support activities for other recovered personnel ‘‘(a) REINTEGRATION AND SUPPORT AUTHORIZED.

or other designated individuals. military or civilian officers or employees of an allied or coalition partner of the United States. clothing. ‘‘(B) In accordance with regulations prescribed by the Secretary of Defense. travel and transportation allowances for not more than three family members. 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. necessary medical support. ‘‘(b) ACTIVITIES AUTHORIZED.—(1) The activities 10 authorized by subsection (a) for or on behalf of a recov11 ered person may include the following: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(A) The provision of food. and essential sundry items for the recovered person. or other United States or foreign nationals. ‘‘(C) Transportation or reimbursement for transportation in connection with the attendance of † S 1867 ES . ‘‘(2) Post-isolation support activities for or on behalf of other recovered persons who are officers or employees of the United States Government.454 1 2 3 4 5 6 7 8 9 ‘‘(1) Reintegration activities for recovered persons who are Department of Defense personnel.

—In this section: ‘‘(1) The term ‘post-isolation support’. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(c) DEFINITIONS. means— ‘‘(A) the debriefing of the recovered person following a separation as described in paragraph (2). and ‘‘(C) other activities to facilitate return of the recovered person to military or civilian life as expeditiously as possible following such a separation.455 1 2 3 4 5 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. ‘‘(B) activities to promote or support the physical and mental health of the recovered person following such a separation. in the case of a recovered person. ‘‘(2) Medical support may be provided under para- 6 graph (1)(A) to a recovered person who is not a member 7 of the armed forces for not more than 20 days. ‘‘(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 Statessponsored military activity or mission in which the † S 1867 ES .

1044. (a) CRITICAL INFRASTRUCTURE SECURITY INFORMATION. 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.— † S 1867 ES .’’. 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. post-isolation support activities for other recovered personnel.—The table of sections 17 at the beginning of chapter 53 of such title is amended 18 by inserting after the item relating to section 1056 the 19 following new item: ‘‘1056a. Reintegration of recovered Department of Defense personnel. ‘‘(3) The term ‘reintegration’. 20 21 22 23 24 SEC. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN SENSITIVE NATIONAL SECURITY INFORMATION.’’. in the case of a recovered person. (b) CLERICAL AMENDMENT.456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 individual was detained in isolation or held in captivity by a hostile entity.

(b) MILITARY FLIGHT OPERATIONS QUALITY ASSURANCE SYSTEM. United † S 1867 ES .—Critical infrastructure security information covered by a written determination under this subsection that is provided to a State or local government to assist first responders in the event that emergency assistance should be required shall be deemed to remain under the control of the Department of Defense. United States Code. and (B) the public interest in the disclosure of such information does not outweigh the Government’s interest in withholding such information from the public.457 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) IN GENERAL. upon a written determination that— (A) the information is Department of Defense critical infrastructure security information. (2) INFORMATION PROVIDED TO STATE OR LOCAL FIRST RESPONDERS.—The Secretary of Defense may exempt in- 23 formation contained in any data file of the Military Flight 24 Operations Quality Assurance system of a military depart25 ment from disclosure under section 552 of title 5.—The Secretary of Defense may exempt certain Department of Defense information from disclosure under section 552 of title 5.

upon request. 25 (e) DEFINITIONS.—Each determination of the 19 Secretary. upon a written determination that the disclo2 sure of such information in the aggregate (and when com3 bined with other information already in the public domain) 4 would reveal sensitive information regarding the tactics.—The Secretary of Defense may 13 delegate the authority to make a determination under sub14 section (a) or (b) to any civilian official in the Department 15 of Defense or a military department who is appointed by 16 the President. through the office of the As24 sistant Secretary of Defense for Public Affairs. or operational and 6 maintenance capabilities of military combat aircraft. or the Secretary’s designee.—In this section: † S 1867 ES . Information covered by a written determina8 tion under this subsection shall be exempt from disclosure 9 under such section 552 even when such information is con10 tained in a data file that is not exempt in its entirety from 11 such disclosure. 5 techniques. 12 (c) DELEGATION.458 1 States Code. 18 (d) TRANSPARENCY. units. by and with the advice and consent of the 17 Senate. procedures. under subsection 20 (a) or (b) shall be made in writing and accompanied by 21 a statement of the basis for the determination. 7 or aircrews. All such 22 determinations and statements of basis shall be available 23 to the public. processes.

and other site-specific information on or relating to installation security.459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) The term ‘‘Department of Defense critical infrastructure security information’’ means sensitive but unclassified information that. hazardous chemicals. (2) The term ‘‘data file’’ means a file of the Military Flight Operations Quality Assurance system that contains information acquired or generated by the Military Flight Operations Quality Assurance system. explosives safety information (including storage and handling). destruction. would reveal vulnerabilities in Department of Defense critical infrastructure that. † S 1867 ES . or damage of or to Department of Defense operations. or facilities. property. including vulnerability assessments prepared by or on behalf of the Department. including the following: (A) Any data base containing raw Military Flight Operations Quality Assurance data. would likely result in the significant disruption. if disclosed. if exploited. related to critical infrastructure or protected systems owned or operated by or on behalf of the Department of Defense. or pipelines. including information regarding the securing and safeguarding of explosives.

is amended— 10 11 12 13 14 15 16 (1) by striking ‘‘transport category aircraft’’ in subsections (a)(1).—Section 41106 of title 49. by striking ‘‘that has aircraft in the civil reserve air fleet’’ and inserting ‘‘referred to in subsection (a)’’.460 1 2 3 4 5 6 7 8 (B) Any analysis or report generated by the Military Flight Operations Quality Assurance system or which is derived from Military Flight Operations Quality Assurance data. (b). (b) CRAF-ELIGIBLE AIRCRAFT DEFINED. 1045. (a) CLARIFICATION. the term ‘CRAF-eligible aircraft’ means aircraft 21 of a type the Secretary of Defense has determined to be 22 eligible to participate in the Civil Reserve Air Fleet. and (c) and inserting ‘‘CRAF-eligible aircraft’’.—Such 17 section is further amended by adding at the end the fol18 lowing new subsection: 19 ‘‘(e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this 20 section. CLARIFICATION OF AIRLIFT SERVICE DEFINITIONS RELATING TO THE CIVIL RESERVE AIR FLEET. SEC.’’. 9 United States Code. and (2) in subsection (c). † S 1867 ES .

and capabilities to manage defense-related processes. ministerial-level advice.—Any as- signment of a civilian employee under subsection (a) † S 1867 ES . competencies.— (1) IN GENERAL. 1046.—The authority of the Sec- retary of Defense to assign civilian employees under the program under subsection (a) terminates at the close of September 30. 2014.—The Secretary of Defense may.461 1 2 3 4 5 6 SEC. 7 with the concurrence of the Secretary of State. carry out 8 a program to assign civilian employees of the Department 9 of Defense as advisors to the ministries of defense (or se10 curity agencies serving a similar defense function) of for11 eign countries and international peace and security organi12 zations in order to— 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) provide institutional. or (2) assist such ministry or organization in building core institutional capacity. (b) TERMINATION OF AUTHORITY. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE AS ADVISORS TO FOREIGN MINISTRIES OF DEFENSE AND INTERNATIONAL PEACE AND SECURITY ORGANIZATIONS. and other training to personnel of the ministry or organization to which assigned in support of stabilization or post-conflict activities. (a) AUTHORITY. (2) CONTINUATION OF ASSIGNMENTS.

2013. 10 Each report shall include. for the fiscal year covered by 11 such report. 2013.—Not later than December 30 5 each year through 2014. (5) A statement of the cost of each such assignment. the Secretary of Defense shall 6 submit to the Committee on Armed Services of the Senate 7 and the Committee on Armed Services of the House of 8 Representatives a report on activities under the program 9 under subsection (a) during the preceding fiscal year. but only using funds available for fiscal year 2012. (3) A statement of the duration of the various assignments of such employees. or 2014. (2) A statement of the number of such employees so assigned. the Comptroller General of the † S 1867 ES . (c) ANNUAL REPORT. the following: 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) A list of the defense ministries and international peace and security organizations to which civilian employees were assigned under the program. (d) COMPTROLLER GENERAL REPORT.462 1 2 3 4 before the date specified in paragraph (1) may continue after that date. (4) A brief description of the activities carried out such by such employees pursuant to such assignments.—Not later 25 than December 30.

—If. the President makes a proposal de13 scribed in subsection (b). the President shall— 14 15 16 17 18 19 20 21 22 23 24 25 (1) conduct a net assessment of the current and proposed nuclear forces of the United States and of other countries that possess nuclear weapons to determine whether the nuclear forces of the United States are anticipated to be capable of meeting the objectives of the United States with respect to nuclear deterrence. 1047. NET ASSESSMENT OF NUCLEAR FORCE LEVELS REQUIRED WITH RESPECT TO CERTAIN PROPOSALS TO REDUCE THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES. assurance of allies. extended deterrence. † S 1867 ES . and (2) as soon as practicable after the date on which the President makes such a proposal. 7 8 9 10 11 SEC. submit that assessment to the congressional defense committees. on or after the date of the en- 12 actment of this Act.463 1 United States shall submit to the committees of Congress 2 specified in subsection (c) a report setting forth an assess3 ment of the effectiveness of the advisory services provided 4 by civilian employees assigned under the program under 5 subsection (a) as of the date of the report in meeting the 6 purposes of the program. and defense. (a) IN GENERAL.

the number of non-deployed nuclear weapons held by the United States as a hedge. to reduce. (2) EXCEPTION FOR ROUTINE STOCKPILE STEWARDSHIP ACTIVITIES. in a calendar year before 2022. the term ‘‘hedge’’ means the retention † S 1867 ES .464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (b) PROPOSAL DESCRIBED.—For purposes of para- graph (1)(B). signed at Prague April 8. or (B) except as provided in paragraph (2). (3) HEDGE DEFINED.—A proposal described in this subsection is a proposal— (A) to reduce the number of deployed nuclear weapons of the United States to a level that is lower than the level described in the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms. 2010.—The requirement to conduct the net assessment under subsection (a) does not apply with respect to a proposal described in paragraph (1)(B) to reduce the number of nondeployed nuclear weapons held by the United States if that reduction is associated with routine stockpile stewardship activities.— (1) IN GENERAL.

1048.S.C. Amounts au13 thorized to be appropriated for the Department of Defense 14 by this Act shall be available to the Secretary of Defense 15 for that purpose. † S 1867 ES .—Not later than April 1. (a) FISCAL YEAR 2012 ADMINISTRATION. 2012. The report 20 shall include the following: 21 22 23 24 25 (1) A summary of the funding of the Troopsto-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. the 11 Secretary of Defense may administer the Troops-to12 Teachers Program during fiscal year 2012.—Notwith- 9 standing section 2302(c) of the Elementary and Sec10 ondary Education Act of 1965 (20 U. 6672(c)). the Sec- 17 retary of Defense and the Secretary of Education shall 18 jointly submit to the appropriate committees of Congress 19 a report on the Troops-to-Teachers Program.465 1 2 3 4 5 6 7 8 of non-deployed nuclear weapons in both the active and inactive nuclear weapons stockpiles to respond to a technical failure in the stockpile or a change in the geopolitical environment. SEC. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE TROOPS-TO-TEACHERS PROGRAM. 16 (b) REPORT.

(6) An assessment of the performance of the Troops-to-Teachers Program in providing qualified † S 1867 ES . as transition assistance program for members of the Armed Forces who are nearing retirement or who are voluntarily or involuntarily separating from military service. and cuts nationwide in State and local budgets. and have not fulfilled. on the ability of participants in the Troops-to-Teachers Program to obtain teaching positions. (3) A discussion and assessment of the current and anticipated effects of recent economic circumstances in the United States. (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 highneed and other eligible schools. their service obligation under the program. in particular. the number of past participants who have fulfilled. (5) An assessment of the extent to which the Troops-to-Teachers Program achieves its purpose as a military transition assistance program and. and the number of waivers of such obligations (and the reasons for such waivers).466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) The number of past participants in the Troops-to-Teachers Program by year.

Education. 6671 et seq. (2) TROOPS-TO-TEACHERS PROGRAM. and reasons for expanding the program to additional school districts. and (B) the Committees on Armed Services and Education and Labor of the House of Representatives.—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. (c) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEES OF CON- GRESS. (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. and Pensions of the Senate.—The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committees on Armed Services and Health.S.C.). Labor. † S 1867 ES .467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 teachers to high-need public schools.

6 the term ‘travel benefit’ means— 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ‘‘(1) frequent traveler miles. (a) EXPANDED DEFINITION OF TRAVEL BENEFIT. (b) CONDITION TION. United States 4 Code.— 3 Subsection (b) of section 2613 of title 10. EXPANSION OF OPERATION HERO MILES. credits for tickets. is amended to read as follows: 5 ‘‘(b) TRAVEL BENEFIT DEFINED. (2) by striking ‘‘the surface carrier’’ and inserting ‘‘the business entity’’. (c) ADMINISTRATION. 1049. and ‘‘(2) points or awards for free or reduced-cost accommodations issued by an inn.468 1 2 SEC. respectively. that serves the public. and (3) by striking ‘‘the carrier’’ and inserting ‘‘the business entity’’. hotel.—In this section.—Subsection (e)(3) of such sec- 25 tion is amended by striking ‘‘the air carrier or surface car- † S 1867 ES . or other commercial establishment that provides lodging to transient guests. or tickets for air or surface transportation issued by an air carrier or a surface carrier.’’.—Subsection ON AUTHORITY TO ACCEPT DONA- (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) TABLE OF SECTIONS. and tickets: use to facilitate rest and recuperation travel of deployed members and their families. Acceptance of frequent traveler miles. cred7 8 9 10 11 12 13 its.469 1 rier’’ and inserting ‘‘the business entity referred to in sub2 section (b)’’.—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. UNITED STATES CODE. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10. and (B) by redesignating paragraph (4) as paragraph (3). 1061. United States Code.—The heading of such section is amended to read as follows: 6 ‘‘§ 2613. 14 15 Subtitle F—Repeal and Modification of Reporting Requirements SEC. credits. and tickets: use to facilitate rest and recuperation travel of deployed members and their families’’. points. is amended as follows: (1) Section 127a(a) is amended— (A) by striking paragraph (3). † S 1867 ES . 3 4 5 (d) STYLISTIC AMENDMENTS.’’.— (1) SECTION HEADING. points. 16 PART I—REPEAL OF REPORTING REQUIREMENTS 17 18 19 20 21 22 23 Title 10. Acceptance of frequent traveler miles.

(8)(A) Section 486 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 483. (B) The table of sections at the beginning of subchapter I of chapter 21 is amended by striking the item relating to section 427. (7)(A) Section 485 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 485. † S 1867 ES . (4) Section 437 is amended by striking subsection (c). (3)(A) Section 427 is repealed. (5)(A) Section 483 is repealed.470 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) Section 184 is amended by striking subsection (h). (6)(A) Section 484 is repealed. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 484. (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 486. (9)(A) Section 487 is repealed.

and (d). respectively. (B) The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2282. (10) Section 983(e)(1) is amended— (A) by striking the comma after ‘‘Secretary of Education’’ and inserting ‘‘and’’. (17) Section 2485(a) is amended— † S 1867 ES . (16) Section 2410m is amended by striking subsection (c). (c). (15) Section 2350a(g) is amended by striking paragraph (3). (d). and to Congress’’.471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (B) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 487. (11) Section 1781b is amended by striking subsection (d). and (e) as subsections (b). and (B) by striking ‘‘. (12) Section 2010 is amended— (A) by striking subsection (b). and (B) by redesignating subsections (c). (14)(A) Section 2282 is repealed. (13) Section 2244a(c) is amended by striking the second sentence.

and (B) by redesignating subsection (g) as subsection (f). (19) Section 2515 is amended by striking subsection (d). and (D) in subsection (h). (B) the table of sections at the beginning of chapter 153 is amended by striking the item relating to section 2582. (20)(A) Section 2582 is repealed. (C) by striking subsection (f). (B) in subsection (d)(2).472 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3). and (B) by striking paragraph (2). (A) by striking ‘‘(1)’’. by striking the last sentence. (22) Section 2688 is amended— (A) in subsection (a)— (i) by striking ‘‘(1)’’ before ‘‘The Secretary of a military department’’. (21) Section 2583 is amended— (A) by striking subsection (f). and (ii) by striking paragraphs (2) and † S 1867 ES . by striking the second sentence. (18) Section 2493 is amended by striking subsection (g).

the Secretary’’ and inserting ‘‘The Secretary’’. (28) Section 2836 is amended— † S 1867 ES . and (C) by striking subparagraphs (C) and PARABILITY. (27) Section 2827 is amended— (A) by striking ‘‘(a) Subject to subsection (b).—’’. (B) The table of sections at the beginning of subchapter I of chapter 169 is amended by striking the item relating to section 2815. and (B) by striking subsection (b).473 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D). (B) by striking the semicolon at the end of subparagraph (B) and inserting a period. (B) The table of sections at the beginning of chapter 160 is amended by striking the item relating to section 2706. (B) by striking subsection (b). (25) Section 2825(c)(1) is amended— (A) by inserting ‘‘and’’ at the end of subparagraph (A). (24)(A) Section 2815 is repealed. (26) Section 2826 is amended— (A) by striking and ‘‘(a) LOCAL COM(23)(A) Section 2706 is repealed.

(B) The table of sections at the beginning of chapter 633 is amended by striking the item relating to section 7296. and (ii) by striking paragraph (2). (31) Section 2861 is amended by striking subsection (d). † S 1867 ES .474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) in subsection (b)— (i) by striking ‘‘(1)’’ before ‘‘The Secretary of a military department’’. (32)(A) Section 7296 is repealed. (33)(A) Section 10504 is repealed. and (C) by redesignating subsection (g) as subsection (f). (B) The table of sections at the beginning of chapter 1011 is amended by striking the item relating to section 10504. (B) by striking subsection (f). (34) Section 12302(b) is amended by striking the last sentence. (29) Section 2837(c) is amended— (A) by striking ‘‘(1)’’ after ‘‘OPPORTUNITIES. (30) Section 2854a is amended by striking subsection (c). and (B) by striking paragraph (2).—’’.

(a) FISCAL YEAR 2010.—Section 1504 of The Dun- 17 can Hunter National Defense Authorization Act for Fiscal 18 Year 2009 (10 U.C. 2542) is repealed. (B) The table of sections at the beginning of chapter 1606 is amended by striking the item relating to section 16137. (b) FISCAL YEAR 2009.—The National Defense Au- 8 thorization Act for Fiscal Year 2010 (Public Law 111– 9 84) is amended as follows: 10 11 12 13 14 15 16 (1) Section 219 (123 Stat. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS.C. 2304 note) is amended— † S 1867 ES . 2502) is amended by striking ‘‘.475 1 2 3 4 5 6 7 (35)(A) Section 16137 is repealed. (2) Section 1113(e)(1) (123 Stat. SEC. which information shall be’’ and all that follows through ‘‘semiannual basis’’. 2228) is amended by striking subsection (c). (3) Section 1245 (123 Stat. 20 (c) FISCAL YEAR 2008.S. 2358 note) is amended by striking 19 subsection (c).—The National Defense Au- 21 thorization Act for Fiscal Year 2008 (Public Law 110– 22 181) is amended as follows: 23 24 (1) Section 885 (10 U.S. 1062.

C. 221 note) is repealed.—Section 716 of the National 24 Defense Authorization Act for Fiscal Year 2006 (10 25 U. 1073 note) is amended— † S 1867 ES .C. and (B) by redesignating subsection (e) as subsection (d).S. 2776a) is repealed.C. 2911 note) is repealed. (4) Section 1231 (22 U. (5) Section 1402 (10 U.S. by striking ‘‘the date of the enactment of this Act’’ both places it appears and inserting ‘‘January 28. (e) FISCAL YEAR 2006.476 1 2 3 4 5 6 7 8 (A) in subsection (a). (2) Section 731 (10 U.S. 2008’’. 1073 note) is amended by striking subsection (d). (d) FISCAL YEAR 2007.S.C.C. (2) Section 2864 (10 U. and (B) in subsection (b). 113 note) is repealed.—The John Warner National 9 Defense Authorization Act for Fiscal Year 2007 (Public 10 Law 109–364) is amended as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) Section 347 (10 U.C. (3) Section 732 (10 U.S.S. 1095c note) is amended— (A) by striking subsection (d). by striking the last sentence of paragraph (2).C.S.

(h) FISCAL YEAR 2003. (2) Section 1041 (10 U. (3) Section 1601(d) (10 U. Reagan Na- 5 tional Defense Authorization Act for Fiscal Year 2005 6 (Public Law 108–375) is amended as follows: 7 8 9 10 11 (1) Section 731 (10 U.—The National Defense Au- 12 thorization Act for Fiscal Year 2004 (Public Law 108– 13 136) is amended as follows: 14 15 16 17 18 19 20 21 22 (1) Section 586 (117 Stat.477 1 2 3 4 (1) by striking subsection (b).C.C. (2) Section 812 (117 Stat. (f) FISCAL YEAR 2005. respectively. (g) FISCAL YEAR 2004.—Section 221 of the Bob 23 Stump National Defense Authorization Act for Fiscal 24 Year 2003 (10 U. † S 1867 ES . 1542) is amended by striking subsection (c). 2358 note) is amended— (A) by striking paragraph (5). and (B) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6).S.C. 1493) is repealed.S.—The Ronald W.S.S.C. 229 note) is repealed. 1074 note) is amended by striking subsection (c). and (2) by redesignating subsection (c) as subsection (b). 2431 note) is repealed.

S. respectively. (2) Section 1212 (114 Stat. 2851 note) is repealed. † S 1867 ES .C. and (ii) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6). 1071 note) is amended— (A) in subsection (d)— (i) by striking paragraph (5).478 1 (i) FISCAL YEAR 2002. 1654A–326) is amended by striking subsections (c) and (d). 5 (j) FISCAL YEAR 2001. (3) Section 1213 (114 Stat.C.C. and (B) by striking subsection (e).—Section 232 of the National 2 Defense Authorization Act for Fiscal Year 2002 (10 3 U. Spence Na- 6 tional Defense Authorization Act for Fiscal Year 2001 (as 7 enacted into law by Public Law 106–398) is amended as 8 follows: 9 10 11 12 13 14 15 (1) Section 374 (10 U. (k) FISCAL YEAR 2000.S. 1654A–327) is repealed.—The National Defense Au- 16 thorization Act for Fiscal Year 2000 (Public Law 106– 17 65) is amended as follows: 18 19 20 21 22 23 24 25 (1) Section 723 (10 U. 2431 note) is amended by striking subsections (c) 4 and (d).—The Floyd D.S.

114 Stat.S. as amended by section 1211 of the Floyd D. 2802 note) is repealed. 2702 note) is amended by striking subsection (e).C.—Section 2868 24 of the National Defense Authorization Act for Fiscal 25 Years 1992 and 1993 (10 U. 110 Stat. 1654A–325).S.—Section 218 of the National 21 Defense Authorization Act for Fiscal Year 1997 (Public 22 Law 104–201. (2) Section 349 (10 U.C. 23 (o) FISCAL YEARS 1992 AND 1993. 12 (m) FISCAL YEAR 1998.S.C.—Section 1101 of the Strom 9 Thurmond National Defense Authorization Act for Fiscal 10 Year 1999 (5 U.C. 753).C.S. (3) Section 743 (111 Stat.—The National Defense Au- 13 thorization Act for Fiscal Year 1998 (Public Law 105– 14 85) is amended as follows: 15 16 17 18 19 20 (1) Section 234 (50 U. 2367) is repealed. is repealed. 1817) is amended by striking subsection (f). 3104 note) is amended by striking 11 subsection (g).S. (n) FISCAL YEAR 1997. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398.479 1 2 3 4 5 6 7 8 (2) Section 1025 (10 U. (3) Section 1035 (113 Stat. 113 note) is repealed. † S 1867 ES . (l) FISCAL YEAR 1999. 2455) is repealed.

—Section 831 of the National 2 Defense Authorization Act for Fiscal Year 1991 (10 3 U.S. (a) TITLE 37. REPEAL OF REPORTING REQUIREMENTS UNDER OTHER LAWS. 1063.—Section 3020 of title 38.C.—Section 172 of the National and Community Serv21 ice Act of 1990 (42 U.C. † S 1867 ES . 2302 note) is amended— 4 5 6 7 8 9 (1) by striking subsection (l). is amended— 11 12 13 14 (1) by striking subsection (f). (c) NATIONAL AND COMMUNITY SERVICE ACT OF 20 1990. United 10 States Code. and (2) by redesignating subsections (g) and (h) as subsections (f) and (g). SEC. (b) TITLE 38. is amended— 16 17 18 19 (1) by striking subsection (l). 12632) is amended by striking 22 subsection (c).—Section 402a of title 37. United 15 States Code.480 1 (p) FISCAL YEAR 1991. and (2) by redesignating subsection (m) as subsection (1).S. respectively. and (2) by redesignating subsection (m) as subsection (1).

as redesignated by clause (ii). MODIFICATION OF REPORTING REQUIREMENTS UNDER TITLE 10. (ii) by redesignating subparagraph (B) as subparagraph (A). by striking ‘‘ANNUAL’’and inserting ‘‘BIENNIAL’’. the following new subparagraph (B): ‘‘(B) The amount of direct and indirect support for the stationing of United States forces provided by each host nation. Title 10.’’. and PART II—MODIFICATION OF EXISTING REPORTING REQUIREMENTS SEC. United States Code. is amended as follows: (1) Section 113(j) is amended— (A) in paragraph (1)— (i) by striking subparagraphs (A) and † S 1867 ES . and (iii) by inserting after subparagraph (A). and (C) by redesignating paragraph (3) as paragraph (2). 1066. UNITED STATES CODE.481 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (C). (B) by striking paragraph (2). (2)(A) Section 115b is amended— (i) in subsection (a)— (I) in the subsection caption.

Biennial strategic workforce plan’’. 17 18 19 20 21 22 (3) Section 116 is amended— (A) by redesignating subsection (b) as subsection (c). 13 14 15 16 (ii) The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 115b and inserting the following new item: ‘‘115b. (B)(i) The heading of such section is amended to read as follows: 12 ‘‘§ 115b.482 1 2 3 4 5 6 7 8 9 10 11 (II) by striking ‘‘on an annual basis’’ and inserting ‘‘in every even-numbered year’’.’’. and (ii) in subsection (b)(1)(A). Biennial strategic workforce plan. and (B) by inserting after subsection (a) the following new subsection (b): ‘‘(b) The Secretary may submit the report required 23 by subsection (a) by including the materials required in 24 the report as an exhibit to the defense authorization re- † S 1867 ES . by striking ‘‘during the seven-year period following the year in which the plan is submitted’’ and inserting ‘‘during the five-year period corresponding to the current future-years defense plan under section 221 of this title’’.

and (B) by striking ‘‘that fiscal year’’ and inserting ‘‘the fiscal year beginning in the year in which such report is submitted’’.—’’ PORT.’’. and (III) by striking ‘‘fiscal-year quarter’’ and inserting ‘‘two fiscal-year quarters’’. and inserting ‘‘BIANNUAL RE- (II) by striking ‘‘a quarterly report’’ and inserting ‘‘a biannual report’’.’’ and inserting ‘‘Not later than March 31 in any year. (5) Section 138c(e)(4) is amended— (A) by striking ‘‘Not later than 10 days’’ and all that follows through ‘‘title 31.’’.—’’. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (4) Section 127b(f) is amended by striking ‘‘December 1’’ and inserting ‘‘February 1’’. (6)(A) Section 228 is amended— (i) in subsection (a)— (I) by striking ‘‘QUARTERLY REPORT. † S 1867 ES .483 1 quest submitted pursuant to section 113a of this title in 2 the fiscal year concerned. and (ii) in subsection (c)— (I) by striking ‘‘(1)’’.

and (IV) by striking paragraph (2). Biannual reports on allocation of funds within operation and maintenance budget subactivities. (ii) The table of sections at the beginning of chapter 9 is amended by striking the item relating to section 228 and inserting the following new item: ‘‘228. (B)(i) The heading of such section is amended to read as follows: 12 ‘‘§ 228. 18 19 20 (7) Subsection (f) of section 408 is amended to read as follows: ‘‘(f) CONGRESSIONAL OVERSIGHT.’’.484 1 2 3 4 5 6 7 8 9 10 11 (II) by striking ‘‘a quarter of a fiscal year after the first quarter of that fiscal year’’ and inserting ‘‘the second two fiscalyear quarters of a fiscal year’’. (III) by striking ‘‘the first quarter of that fiscal year’’ and inserting ‘‘the first two fiscal-year quarters of that fiscal year’’. Biannual reports on allocation of funds within 13 14 15 16 17 operation and maintenance budget subactivities’’.—Whenever the 21 Secretary of Defense provides assistance to a foreign na22 tion under this section. Each such report shall identify the nation † S 1867 ES . the Secretary shall submit to the 23 congressional defense committees a report on the assist24 ance provided.

Management of electromagnetic spectrum: quadrennial strategic plan. by striking ‘‘Every other year’’ and inserting ‘‘Every fourth year’’. (ii) in subsection (b). the 17 Secretary shall submit to Congress a written notice on the 18 modifications at the end of such two-year period. 19 20 (B)(i) The heading of such section is amended to read as follows: 21 ‘‘§ 488.’’. † S 1867 ES .—If the Secretary modifies a strategic plan under 15 subsection (a) during the two-year period beginning on the 16 date of its submittal to Congress under subsection (b).’’.485 1 to which the assistance was provided and include a de2 scription of the type and amount of the assistance pro3 vided. by striking ‘‘an evennumbered fiscal year’’ and inserting ‘‘every other even-numbered fiscal year beginning with fiscal year 2012’’.’’. Management of electromagnetic spectrum: 22 23 24 25 quadrennial strategic plan’’. and (iii) by adding at the end the following new subsection: ‘‘(c) BIENNIAL NOTICE ON CHANGES TO STRATEGIC 14 PLAN. 4 5 6 7 8 9 10 11 12 13 (8)(A) Section 488— (i) in subsection (a). (ii) The table of sections at the beginning of chapter 23 is amended by striking the item relating to section 488 and inserting the following new item: ‘‘488.

(B) by striking paragraph (2). (B). and (B) by striking ‘‘the preceding quarter’’ and inserting ‘‘the preceding two quarters’’. and realigning those paragraphs so as to be indented two ems from the left margin. and (C) as paragraphs (1). respectively.486 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (9) Section 490(b)(1) is amended by inserting ‘‘through 2014’’ after ‘‘every even-numbered year’’. as so redesignated. and’’ at the end of paragraph (3). (11) Section 2482(d)(1) is amended by inserting ‘‘in the United States’’ after ‘‘commissary store’’. (12) Section 2608(e)(1) is amended— (A) by striking ‘‘each quarter’’ and inserting ‘‘the second quarter and the fourth quarter’’. and (D) by striking ‘‘. (2). (10) Section 2401(h) is amended— (A) by striking ‘‘only if—’’ and all that follows through ‘‘of the proposed’’ and inserting ‘‘only if the Secretary has notified the congressional defense committees of the proposed’’. and (3). † S 1867 ES . and inserting a period. (C) by redesignating subparagraphs (A).

2012’’.000’’ and inserting ‘‘$10. (14) Section 2803(b) is amended by striking ‘‘21-day period’’ and inserting ‘‘seven-day period’’.000’’ and inserting ‘‘$10. (17) Section 10541(a) is amended by striking ‘‘February 15’’ and inserting ‘‘April 15’’.500.000. United 17 States Code. (18) Section 10543(c)(3) is amended by striking ‘‘15 days’’ and inserting ‘‘90 days’’.—Section 316a(f) of title 37. 21 (b) TITLE 37. 1067.000. MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER TITLES OF THE UNITED STATES CODE.’’. (15) Section 2811(d) is amended by striking ‘‘$7.000. is amended by striking ‘‘January 1.000’’. is amended by striking ‘‘After the end of each 18 fiscal year.487 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (13) Section 2645(d) is amended by striking ‘‘$1.000’’.000. 2010’’ 23 and inserting ‘‘April 1.000’’.’’ and inserting ‘‘After the end of any fiscal 19 year during which any assistance was provided or activi20 ties were carried out under this chapter. SEC. (a) TITLE 32. United 22 States Code.000’’ and inserting ‘‘$10.000.—Section 908(a) of title 32. (16) Section 9514(c) is amended by striking ‘‘$1. † S 1867 ES .

by striking ‘‘Not later than’’ and all that follows through .’’. and (B) in subsection (e)— (i) in paragraph (1). 2212) is amended by strik7 ing paragraph (5). 1068. MODIFICATION OF REPORTING REQUIREMENTS UNDER ANNUAL DEFENSE AUTHORIZATION ACTS. 2014’’. 2012’’.—Section 121(e) of the Na- 5 tional Defense Authorization Act for Fiscal Year 2010 6 (Public Law 111–84. 8 (b) FISCAL YEAR 2008.C. and (ii) by inserting ‘‘a report containing’’ after ‘‘to Congress’’. 2008. by striking ‘‘December 31. 2358 note) is amended— (A) in subsection (d)— (i) by striking ‘‘beginning with March 1. by striking ‘‘240 days after the date of the enactment of this Act’’ and inserting ‘‘June 30.S. (2) Section 1107 (10 U. 123 Stat. 2013’’ and inserting ‘‘June 30.—The National Defense Au- 9 thorization Act for Fiscal Year 2008 (Public Law 110– 10 181) is amended as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 † S 1867 ES (1) Section 958 (122 Stat. and (B) in subsection (d). (a) FISCAL YEAR 2010. 297) is amended— (A) in subsection (a).488 1 2 3 4 SEC.

(c) FISCAL YEAR 2007.—Subsection (a) of section ‘‘the information’’ and inserting ‘‘The Secretary shall include in each report under subsection (d) the information’’. and (B) by striking ‘‘have not been moved or disestablished until’’ and inserting ‘‘may not be moved or disestablished until the Secretary of Defense has certified to the congressional defense committees that’’.’’. 711) is 20 amended to read as follows: 21 ‘‘(a) REPORTS ON DETAILS AND FELLOWSHIPS OF 22 LONG DURATION.C.’’ and inserting ‘‘Patients. and (ii) in paragraph (2).489 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ed— (A) by striking ‘‘After submission’’ and all the follows through ‘‘that patients. (3) Section 1674(c) (122 Stat. by striking ‘‘under this subsection’’ and inserting ‘‘under subsection (d)’’. note prec. 483) is amend- 18 1104 of the John Warner National Defense Authorization 19 Act for Fiscal Year 2007 (10 U.—Whenever a member of the Armed 23 Forces or a civilian employee of the Department of De24 fense serves continuously in the Legislative Branch for 25 more than 12 consecutive months in one or a combination † S 1867 ES .S.

C.S. (e) FISCAL YEAR 2000. 5959(c)) is amended— 9 10 11 12 (1) by striking paragraph (7).—The National Defense Au- 13 thorization Act for Fiscal Year 2000 (Public Law 106– 14 65) is amended as follows: 15 16 17 18 19 20 21 22 23 (1) Section 1202(b)(11) (10 U.S.’’. 6 (d) FISCAL YEAR 2001.490 1 of covered legislative details or fellowships. (2) Section 1201 (10 U.—Section 1308(c) of the 7 Floyd D. and (2) by redesignating paragraph (8) as paragraph (7).C. a report on the service of 5 the member or employee.S. the Secretary 2 of Defense shall submit to the congressional defense com3 mittees. and quarterly thereafter for as 4 long as the service continues. Spence National Defense Authorization Act for 8 Fiscal Year 2001 (22 U.’’. 113 note) is amended by adding at the end the following new subparagraph: ‘‘(G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). within 90 days. 168 note) is amended by striking subsection (d). † S 1867 ES .C.

638) is amended— 5 6 7 8 9 10 11 TEE (1) in subsection (b)(7). by inserting ‘‘and including an accounting of funds. and outcomes under the Commercialization Pilot Program’’ after ‘‘and (o)(15). 1069.—Section 9 of the Small 4 Business Act (15 U.C. and (2) in subsection (y). 1973ff– 13 4a(b)) is amended— 14 15 16 17 18 19 20 21 22 23 24 25 26 (1) in the subsection heading.C. † S 1867 ES . by striking ‘‘In the case of’’ and all that follows through ‘‘a description’’ and inserting ‘‘A description’’. and (3) in paragraph (3). MODIFICATION OF REPORTING REQUIREMENTS UNDER OTHER LAWS.491 1 2 3 SEC.—Section 105A(b) The Uniformed and 12 Overseas Citizens Absentee Voting Act (42 U. initiatives. (b) UNIFORMED AND OVERSEAS CITIZENS ABSEN- VOTING ACT. by striking ‘‘ANNUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’. by striking paragraph (5). and (B) by striking ‘‘the following information’’ and inserting ‘‘the following information with respect to the Federal election held during the preceding calendar year’’. (a) SMALL BUSINESS ACT. (2) in the matter preceding paragraph (1)— (A) by striking ‘‘March 31 of each year’’ and inserting ‘‘September 30 of each odd-numbered year’’.S.S.’’.

Section 1701(e)(1) of the National Defense Author- 16 ization Act for Fiscal Year 2010 (Public Law 111–84.—Congress makes the following find- † S 1867 ES . 123 17 Stat. 2015’’.C. 1072. 1071. 2911(b)(2)) is amended in the 5 first sentence by striking ‘‘of each year’’ and inserting ‘‘of 6 each even-numbered year’’. 2568) is amended by striking ‘‘and annually there18 after’’ and inserting ‘‘not later than two years after the 19 execution of the executive agreement. REPORT ON PLAN TO IMPLEMENT ORGANIZATIONAL GOALS RECOMMENDED IN THE NATIONAL SECURITY STRATEGY–2010. (a) FINDINGS. 7 8 9 10 11 12 13 14 15 Subtitle G—Other Study and Report Matters SEC.492 1 (c) IMPLEMENTING RECOMMENDATIONS OF THE 9/ 2 11 COMMISSION ACT OF 2007. ILLINOIS. 21 22 23 24 25 ings: SEC. NORTH CHICAGO AND GREAT LAKES. MODIFICATION OF DATES OF COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF EXECUTIVE AGREEMENT ON JOINT MEDICAL FACILITY DEMONSTRATION PROJECT.S.—Section 1821(b)(2) of the 3 Implementing Recommendations of the 9/11 Commission 4 Act of 2007 (50 U. and not later than 20 September 30.

at best. and its commitment to strengthening national capacity through a whole-of-government approach. its recommendation of additional organizational changes to be undertaken. (2) The Quadrennial Defense Review Independent Panel emphasized this need in its July 2010 report. (4) The realization of these organizational goals can best be assured by the preparation of a report by the President on progress being made on organizational changes already underway and on an imple- † S 1867 ES . writing that ‘‘the Panel notes with extreme concern that our current Federal Government structures—both executive and legislative. and in particular those related to security—were fashioned in the 1940s and. they work imperfectly today . A new approach is needed’’. .493 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) An urgent need exists to transform the United States national security system in order to employ all elements of national power effectively and efficiently to meet the challenges of the 21st century security environment. (3) The National Security Strategy–May 2010 calls for such a transformation of the United States national security system through its identification of organizational changes already underway. .

—Not later than 180 days after the date of the enactment of this Act.— (1) IN GENERAL. (ii) The actions required of the Executive Branch to achieve such goal. (iv) The preferred sequencing of the executive and legislative actions specified under clauses (ii) and (iii). (b) PLAN TO IMPLEMENT RECOMMENDATIONS REQUIRED.494 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mentation plan for the organizational changes newly recommended in the National Security Strategy. † S 1867 ES . (2) ELEMENTS.—The report required under this subsection shall include the following: (A) A progress report identifying each organizational change identified by the National Security Strategy as already underway. the President shall submit to the appropriate committees of Congress a report setting forth a plan to implement the organizational goals recommended in the National Security Strategy–May 2010. including for each such change the following: (i) The goal such organizational change seeks to achieve. (iii) The actions required of Congress to achieve such goal.

(iii) The actions required of Congress to achieve such goal. and the obstacles that have been encountered.495 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (v) The preferred timetable for such executive and legislative actions and for achievement of such goal. (ii) The actions required of the Executive Branch to achieve such goal. (iv) The preferred sequencing of the executive and legislative actions specified under clauses (ii) and (iii). (vi) The progress that has already been achieved toward such goal. (c) ANNUAL UPDATE. (B) An implementation plan addressing each organizational change newly recommended by the National Security Strategy. (v) The preferred timetable for such executive and legislative actions and for achievement of such goal. the President shall † S 1867 ES . including for each such change the following: (i) The goal such organizational change seeks to achieve.—Not later than December 1 24 in each year following the year in which the report re25 quired by subsection (b) is submitted.

Committee on the Judiciary. (d) APPROPRIATE COMMITTEES FINED. Committee on Foreign Affairs. Committee on Homeland Security and Government Affairs. Committee on Foreign Relations. and (2) the Committee on Armed Services. † S 1867 ES . Committee on the Budget. Committee on Appropriations. and Permanent Select Committee on Intelligence of the House of Representatives. Committee on Appropriations. Committee on the Judiciary. Committee on the Budget. Committee on Homeland Security. Committee on Oversight and Government Reform. and Select Committee on Intelligence of the Senate.—In OF CONGRESS DE- this section.496 1 submit to the appropriate committees of Congress an up2 date of the report setting forth a description of the fol3 lowing: 4 5 6 7 8 9 10 11 (1) The progress made in achieving each organizational goal covered by the report required by subsection (b). (2) The modifications necessary to the plan required by subsection (b) in light of the experience of the Executive Branch in implementing the plan. the term ‘‘appropriate commit- 12 tees of Congress’’ means— 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) the Committee on Armed Services.

conduct an assessment of the safety. reli8 ability. (3) An identification and assessment of any risks with respect to whether any of those platforms or that system will meet the mission or capability requirements of those platforms or that system. security. 1073. 12 (b) REPORT REQUIRED. sustainability. (a) IN GENERAL. † S 1867 ES . (2) An identification and assessment of any gaps or shortfalls in the capabilities of the platforms or the system described in subsection (a). BIENNIAL ASSESSMENT OF AND REPORT ON DELIVERY PLATFORMS FOR NUCLEAR WEAPONS AND THE NUCLEAR COMMAND AND CONTROL SYSTEM. 6 in each odd-numbered year beginning with calendar year 7 2013. and military effective9 ness of each type of platform for the delivery of nuclear 10 weapons and of the nuclear command and control system 11 of the United States.—The Secretary of Defense shall. performance. the Secretary of Defense shall submit to the con15 gressional defense committees a report on the assessment 16 conducted under subsection (a) that includes the following: 17 18 19 20 21 22 23 24 25 (1) The results of the assessment.—Not later than March 1 of 13 each odd-numbered year beginning with calendar year 14 2013. as the case may be.497 1 2 3 4 5 SEC.

9 10 11 12 ings: 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) In response to a question for the record from a March 29. General Kehler stated. hearing of the Committee on Armed Services of the Senate. (2) In response to an additional question for the record from that hearing. ANNUAL REPORT ON THE NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES. 2011. 1074.—The Secretary of Defense 6 shall consult with the Commander of the United States 7 Strategic Command in conducting assessments under sub8 section (a) and preparing reports under subsection (b). (a) FINDINGS. ‘‘The stockpile under New START is appropriately sized to meet our deterrence requirements and manage risk associated with our aging systems and infrastructure.’’. ‘‘Completion of critical stockpile sustainment activities and restoration of [the National Nuclear SecuSEC. General C.—Congress makes the following find- † S 1867 ES . (c) CONSULTATIONS.498 1 2 3 4 5 (4) Recommendations of the Secretary of Defense with respect to measures to mitigate any gaps or shortfalls identified under paragraph (2) and any risks identified under paragraph (3). A recapitalized nuclear infrastructure could also support potential reductions in the future non-deployed stockpile. Robert Kehler stated.

the Secretary of Defense 14 shall submit to the congressional defense committees a re15 port on the nuclear weapons stockpile of the United States 16 that includes the following: 17 18 19 20 21 22 23 24 25 (1) An accounting of the weapons in the stockpile as of the end of the fiscal year preceding the submission of the report that includes deployed and non-deployed weapons. (b) SENSE OF CONGRESS. including each category of non-deployed weapon.499 1 2 3 4 5 rity Administration’s] production infrastructure could enable future reductions in the quantity of non-deployed warheads currently held to mitigate weapon and infrastructure risk. for the † S 1867 ES . (c) REPORT REQUIRED. and annually thereafter. 13 2012. and (2) such investments could enable additional future reductions in the hedge stockpile. United States Code.’’.—It is the sense of Con- 6 gress that— 7 8 9 10 11 12 (1) sustained investments in the nuclear weapons stockpile and the nuclear security complex are needed to ensure a reliable nuclear deterrent.—Not later than March 1. (2) The planned force levels for each category of nuclear weapon over the course of the futureyears defense program submitted to Congress under section 221 of title 10.

—Chapter 23 title 10. the President 23 shall submit to Congress a report setting forth the fol24 lowing: † S 1867 ES . Nuclear employment strategy of the United 17 18 19 States: reports on modification of strategy ‘‘Not later than 30 days after the date on which the 20 President issues a nuclear employment strategy of the 21 United States that differs from the nuclear employment 22 strategy of the United States then in force. extended deterrence. 12 13 14 15 (b) REPORTS ON MODIFICATION OF STRATEGY.—It is the sense of Con- 6 gress that any future modification to the nuclear employ7 ment strategy of the United States should maintain or en8 hance the ability of the nuclear forces of the United States 9 to support the goals of the United States with respect to 10 nuclear deterrence. is amended by adding at the end the following new section: 16 ‘‘§ 491. SEC. and the defense of the United States. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES. (a) SENSE OF CONGRESS. United States Code.500 1 2 3 4 5 fiscal year following the fiscal year in which the report is submitted. and assurances 11 for allies. 1075.— (1) IN GENERAL.

the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a). RETENTION. 10 11 12 SEC. and recommending 17 available mechanisms to fill such gaps. including perma18 nent and temporary positions.—The table of sec- tions at the beginning of chapter 23 of such title is amended by adding at the end the following new item: ‘‘491.’’. STUDY ON THE RECRUITMENT. 19 20 21 22 23 24 (b) REPORT.— (1) IN GENERAL.501 1 2 3 4 5 6 7 8 9 ‘‘(1) A description of the modifications to nuclear employment strategy of the United States made by the strategy so issued. AND DEVELOPMENT OF CYBERSPACE EXPERTS.—The Secretary of Defense shall conduct 13 an independent study examining the availability of mili14 tary and civilian personnel for Department of Defense de15 fensive and offensive cyberspace operations. (a) STUDY. † S 1867 ES .—Not later than one year after the date of the enactment of this Act.’’. ‘‘(2) An assessment of effects of such modification for the nuclear posture of the United States. Nuclear employment strategy of the United States: reports on modification of strategy. (2) CLERICAL AMENDMENT. 1076. identifying 16 any gaps in meeting personnel needs.

such as the reserve components.502 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) MATTERS TO BE COVERED. and the availability of personnel with expertise in matters related to cyberspace operations from outside of the Department of Defense.—The report re- quired under paragraph (1) shall include the following elements: (A) A statement of capabilities and number of cyberspace operations personnel required to meet the defensive and offensive cyberspace operation requirements of the Department of Defense. (C) A description of the obstacles to adequate recruitment and retention of such personnel. (B) An assessment of the sufficiency of the numbers and types of personnel available for cyberspace operations. corporate and university partner- † S 1867 ES . Department of Defense civilian employees. the civilian expeditionary workforce. training. and affiliation mechanisms. including an assessment of the balance of military personnel. (D) An exploration of the various recruiting. and contractor positions. including the individual ready reserves.

(3) SUBMISSION OF COMMENTS. † S 1867 ES . and civilian auxiliaries to address challenges to recruitment. (F) Identification of legal. and training. (E) A description of incentives that enable and encourage individuals with cyber skills from outside the Department of Defense to affiliate with the Armed Forces and civilian employees of the Department of Defense through other types of service agreements. including comments from the Secretaries of each of the military departments.503 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ships.—The Sec- retary of Defense shall include with the report submitted under paragraph (1) comments on the findings and recommendations contained in the report. or administrative impediments to attracting and retaining cyberspace operations personnel. (G) Recommendations for legislative or policy changes necessary to increase the availability of cyberspace operations personnel. as well as obstacles that discourage cyberspace experts and the Department of Defense from implementing new organizational constructs. retention. the Reserve Officers’ Training Corps. policy.

2012. REPORTS ON RESOLUTION RESTRICTIONS ON THE COMMERCIAL SALE OR DISSEMINATION OF ELETRO-OPTICAL IMAGERY COLLECTED BY SATELLITES.—Not later than April 15.—In conducting the review required for purposes of the report under para- † S 1867 ES . the Secretary of Commerce shall submit to Congress a report setting forth the results of a comprehensive review of current restrictions on the resolution of electro-optical (EO) imagery collected from satellites that commercial companies may sell or disseminate.— (1) REPORT REQUIRED.504 1 2 (c) CYBERSPACE OPERATIONS PERSONNEL DEFINED. the term ‘‘cyberspace operations 3 personnel’’ refers to members of the Armed Forces and 4 civilian employees of the Department of Defense involved 5 with the operations and maintenance of a computer net6 work connected to the global information grid. defensive. (2) CONSIDERATIONS. as well as 7 offensive. (a) SECRETARY OF COMMERCE REPORT. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC.—In this section. and exploitation functions of such a 8 network. The report shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the results of the review. 1077.

(C) The lead-time involved in securing financing. the availability of higher resolution imagery from foreign sources. (D) Inconsistencies between the current resolution restrictions on the sale or dissemination of imagery collected by United States commercial companies. (B) Current and anticipated deployments of satellites built in foreign countries that can or will be able to collect imagery at a resolution greater than . and the ensuing benefit to the United States Government.505 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 graph (1). and the sale or dissemination of such imagery. and † S 1867 ES . designing. the Secretary shall take into consideration the following: (A) Increases in sales of commercial satellite imagery that would result from a relaxation of resolution restrictions. and academia from an expanding market in satellite imagery. and launching the new satellite imagery collection capabilities that would be required to enable United States commercial satellite companies to match current and anticipated foreign satellite imagery collection capabilities. building. commerce.5 meter resolution.

— (1) ASSESSMENT REQUIRED. (F) The utility that higher resolution imagery would bring to the United States Armed Forces. scientific research efforts. 2010. cooperation with allies. together with recommendations for means of protecting national security related information in the event of the relaxation of such resolution restrictions. (E) The lack of restrictions on the sale or dissemination of high-resolution imagery collected by aircraft.—Not later than 15 days after the date of the enactment of this Act. (b) INTELLIGENCE ASSESSMENT. and domestic disaster monitoring and relief. released by the President on June 28.506 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the National Space Policy of the United States. the Director of National Intelligence and the Under Secretary of Defense for Intelligence shall jointly submit to the appropriate committees of Congress a report setting forth an assessment of the benefits and risks of relaxing current resolution restrictions on the electro-optical imagery from satellites that commercial United States companies may sell or disseminate. the production of military geo-spatial information. † S 1867 ES . intelligence analysis.

1078. the Committee on Appropriations. and the Select Committee on Intelligence of the Senate. and the Permanent Select Committee on Intelligence of the House of Representatives. the Committee on Appropriations. the term ‘‘appro- priate committees of Congress’’ means— (A) the Committee on Armed Services. SEC. and (B) the Committee on Armed Services. the Secretary 16 of Defense shall. submit to the appropriate 19 committees of Congress a report setting forth the fol20 lowing: 21 22 23 24 25 (1) A description and assessment of the rate of progress in integrating unmanned aircraft systems into the national airspace system. (a) REPORT REQUIRED.507 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (2) APPROPRIATE DEFINED.—In COMMITTEES OF CONGRESS this subsection. in consultation with the Administrator 17 of the Federal Aviation Administration and on behalf of 18 the UAS Executive Committee. REPORT ON INTEGRATION OF UNMANNED AERIAL SYSTEMS INTO THE NATIONAL AIRSPACE SYSTEM. (2) An assessment of the potential for one or more pilot program or programs on such integration † S 1867 ES .—Not later than 90 days 15 after the date of the enactment of this Act.

The assessment shall be conducted by an independent. and Technology. in consultation with the Chairmen and Ranking Members of the Committees on Armed Services of the Senate and the House of Representatives. Space. (a) INDEPENDENT ASSESSMENT. the Committee on Transportation and Infrastructure. 1079.— (1) IN GENERAL. non-governmental institute which is de- † S 1867 ES .508 1 2 3 4 at certain test ranges to increase that rate of progress. the term ‘‘appropriate commit- 5 tees of Congress’’ means— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) the Committee on Armed Services. STUDY ON UNITED STATES FORCE POSTURE IN EAST ASIA AND THE PACIFIC REGION. and the Committee on Appropriations of the House of Representatives. and the Committee on Appropriations of the Senate. (b) APPROPRIATE COMMITTEES FINED.—In OF CONGRESS DE- this section. SEC. shall commission an independent assessment of America’s security interests in East Asia and the Pacific region. the Committee on Commerce. and (2) the Committee on Armed Services.—The Secretary of Defense. and Transportation. the Committee on Science. Science.

(B) A review of current United States military force posture and deployment plans. (b) REPORT. (C) Options for the realignment of United States forces in the region to respond to new opportunities presented by allies and partners. with an emphasis on the current plans for United States force realignments in Okinawa and Guam.509 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 scribed in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (D) The views of noted policy leaders and regional experts. 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. including military commanders in the region.—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 East Asia and Pacific region.—Not later than 90 days after the date 25 of the enactment of this Act. (2) ELEMENTS. the designated private entity † S 1867 ES .

11 up to $1.510 1 shall provide an unclassified report. 13 14 15 16 17 SEC.000. the Secretary of the 18 Army shall submit to the congressional defense commit19 tees a report describing the plan and implementation sta20 tus of the recommendations contained in the Final Report 21 of the 2010 Army Acquisition Review panel (also known 22 as the ‘‘Decker-Wagner Report’’) that the Army agreed 23 to implement. Not later than 1 October 2012. 3 Not later than 90 days after the date of receipt of the 4 report.—Of the 9 amounts authorized to be appropriated under section 301 10 for operation and maintenance for Defense-wide activities. † S 1867 ES . shall be made available for the comple12 tion of the study required under this section. the Secretary of Defense shall transmit the report 5 to the congressional defense committees.000. with a classified 2 annex. REPORT ON STATUS OF IMPLEMENTATION OF ACCEPTED RECOMMENDATIONS IN THE FINAL REPORT OF THE 2010 ARMY ACQUISITION REVIEW PANEL. containing its findings to the Secretary of Defense. together with 6 such comments on the report as the Secretary considers 7 appropriate. 1080. 8 (c) AUTHORIZATION OF APPROPRIATIONS.

Not later than 90 days after the date of the enact- 6 ment of this Act. the Secretary of the Air Force shall sub7 mit to the congressional defense committees a report on 8 the feasibility of using unmanned aerial systems to per9 form airborne flight inspection of electronic signals-in10 space from ground-based navigational aids that support 11 aircraft departure. 23 (b) REPORT. REPORT ON FEASIBILITY OF USING UNMANNED AERIAL SYSTEMS TO PERFORM AIRBORNE INSPECTION OF NAVIGATIONAL AIDS IN FOREIGN AIRSPACE.—Not later than January 1. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH AND DEVELOPMENT RELATING TO IMPROVED COMBAT CASUALTY CARE. medical research and development in sup21 port of improved combat casualty care designed to save 22 lives on the battlefield. and 20 resourcing of. 2013. en route. the 24 Comptroller General shall submit to the congressional de25 fense committees a report on the review conducted under 26 subsection (a). 1080B. including the following elements: † S 1867 ES . 1080A.511 1 2 3 4 5 SEC.—The Comptroller General of 18 the United States shall conduct a review of Department 19 of Defense programs and organizations related to. and arrival flight procedures 12 in foreign airspace in support of United States military 13 operations. (a) STUDY REQUIRED. 14 15 16 17 SEC.

organizational. including development of new medical devices. (3) A description of the means by which the Department applies combat casualty care research findings.512 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) A description of current medical combat casualty care research and development programs throughout the Department of Defense. technology development. (6) An assessment of the programmatic. (2) An identification of organizational elements within the Department that have responsibility for planning and oversight of combat casualty care research and development. to improve battlefield care. and resource challenges and gaps faced by the Department in optimizing investments in combat † S 1867 ES . (4) An assessment of the adequacy of the coordination by the Department of planning for combat casualty care medical research and development and whether or not the Department has a coordinated combat casualty care research and development strategy. including basic and applied medical research. and clinical research. (5) An assessment of the adequacy of resources provided for combat casualty care research and development across the Department.

and (C) adequacy of resource support. (7) The extent to which the Department utilizes expertise from experts and entities outside the Department with expertise in combat casualty care medical research and development. 1080C. SEC. (9) Recommendations regarding— (A) the need for a coordinated combat casualty care medical research and development strategy.513 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ings: casualty care medical research and development in order to save lives on the battlefield.—Congress makes the following find- † S 1867 ES . REPORTS TO CONGRESS ON THE MODIFICATION OF THE FORCE STRUCTURE FOR THE STRATEGIC NUCLEAR WEAPONS DELIVERY SYSTEMS OF THE UNITED STATES. (a) FINDINGS. (8) An assessment of the challenges faced in rapidly applying research findings and technology developments to improved battlefield care. (B) organizational obstacles or realignments to improve effectiveness of combat casualty care medical research and development.

(b) REPORT ON MODIFICATION. and air-based strategic nuclear weapons delivery systems. the United States has developed and maintained a triad of strategic nuclear weapons delivery systems.—Not later than March 30 of each year from 2013 through 2018.—Whenever after the 8 date of the enactment of this Act the President proposes 9 a modification of the force structure for the strategic nu10 clear weapons delivery systems of the United States. the Comptroller † S 1867 ES . (a) ASSESSMENT REPORTS REQUIRED. The report shall include a description of the man13 ner in which such modification will maintain for the 14 United States a range of strategic nuclear weapons deliv15 ery systems appropriate for the current and anticipated 16 threats faced by the United States when compared with 17 the current force structure of strategic nuclear weapons 18 delivery systems.— (1) IN GENERAL. land-based. the 11 President shall submit to Congress a report on the modi12 fication. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON THE MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS OF THE DEPARTMENT OF DEFENSE. (2) The triad includes sea-based. 19 20 21 22 23 24 25 SEC. 1080D.514 1 2 3 4 5 6 7 (1) Since the early 1960s.

and performance of a representative variety of major automated information system programs selected by the Comptroller General for purposes of such report.515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 General of the United States shall submit to the appropriate committees of Congress a report setting forth an assessment of the performance of the major automated information system programs of the Department of Defense. (2) ELEMENTS. and a description of the actions taken by the Department to manage or reduce such risk. (C) An assessment by the Comptroller General of the extent to which the programs selected under subparagraph (A) for purposes of such report employ best practices for the acquisition of information technology systems.—Each report under subsection (a) shall include the following: (A) An assessment by the Comptroller General of the cost. schedule. as † S 1867 ES . (B) An assessment by the Comptroller General of the level of risk associated with the programs selected under subparagraph (A) for purposes of such report.

—In this section: (1) The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Armed Services.—Not later than September 30. and the Committee on Appropriations of the Senate.— (1) IN GENERAL. the Defense Science Board. the Comptroller General shall provide the appropriate committees of Congress with periodic briefings on the development of such metrics.—In developing metrics for purposes of the report required by paragraph (1)(A). and † S 1867 ES . (b) PRELIMINARY REPORT. the Comptroller General shall submit to the appropriate committees of Congress a report setting forth the following: (A) The metrics to be used by the Comptroller General for the reports submitted under subsection (a). (2) BRIEFINGS. 2012. and the Department. (B) A preliminary assessment on the matters set forth under subsection (a)(2).516 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 identified by the Comptroller General. (c) DEFINITIONS. the Committee on Homeland Security and Governmental Affairs.

the Committee on Oversight and Government Reform. (a) STUDY. and the Committee on Appropriations of the House of Representatives. 1080E. as well as programs run by the Office of the Secretary of Defense. SEC. United States Code. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE SCIENCE AND TECHNOLOGY PROGRAMS.—The Comptroller General of the United 12 States shall conduct a study on unnecessary redundancies. (2) The term ‘‘major automated information system program’’ has the meaning given that term in section 2445a of title 10. and gaps in Department of Defense 6. if any. The study 15 shall— 16 17 18 19 20 21 22 23 24 25 (1) focus on S&T programs within the Army. (3) assess how the military departments and the Office of the Secretary of Defense are aligning their programs with the seven S&T strategic investment priorities identified by the Assistant Secretary of Defense for Research and Engineering: Data to † S 1867 ES . and Air Force.3 14 Science and Technology (S&T) programs. Navy. 13 inefficiencies.1–6. (2) describe options for consolidation and costsavings.517 1 2 3 4 5 6 7 8 9 10 11 (B) the Committee on Armed Services.

and (4) assess how the military departments and the Office of the Secretary of Defense are coordinating efforts with respect to duplicative programs.—The Comptroller General of the United 17 States shall conduct a study assessing Science. Engineered Resilient Systems.—Not later than January 1. (a) STUDY. 1080F. the 10 Comptroller General shall submit to the congressional de11 fense committees a report on the findings of the study con12 ducted under subsection (a). Cyber Science and Technology. 13 14 15 16 SEC. if any. Counter Weapons of Mass Destruction. (b) REPORT. Tech18 nology. TECHNOLOGY. and Human Systems. (2) describe options for consolidation and elimination of programs identified under paragraph (1). AND MATH (STEM) INITIATIVES. and Math (STEM) initiatives of the 19 Department of Defense. ENGINEERING. Autonomy. Engineering. 2013. and which are unnecessarily redundant within the Department of Defense. COMPTROLLER GENERAL REPORT ON SCIENCE. Electronic Warfare/Electronic Protection. The study shall— 20 21 22 23 24 25 (1) determine which programs are ineffective.518 1 2 3 4 5 6 7 8 9 Decisions. and † S 1867 ES .

2013. 18 (b) ELEMENTS.519 1 2 3 4 5 (3) describe options for how the Department and other Federal departments and agencies can work together on similar initiatives without unnecessary duplication of funding.—The report required by subsection 19 (a) shall include the following: 20 21 22 23 24 (1) A description of the current capabilities of the Department of Defense to analyze threats from foreign ballistic missiles of all ranges. † S 1867 ES . 1080G.—Not later than 180 days 13 after the date of enactment of this Act. the Secretary of 14 Defense shall submit to the congressional defense commit15 tees a report on the analytic capabilities of the Depart16 ment of Defense regarding threats from foreign ballistic 17 missiles of all ranges. (a) REPORT REQUIRED.—Not later than January 1. (b) REPORT. REPORT ON DEFENSE DEPARTMENT ANALYTIC CAPABILITIES REGARDING FOREIGN BAL- LISTIC MISSILE THREATS. the 6 Comptroller General shall submit to the congressional de7 fense committees a report on the findings of the study con8 ducted under subsection (a). including the degree of coordination among the relevant analytic elements of the Department. 9 10 11 12 SEC.

—The report required by subsection (a) 9 shall be submitted in unclassified form. (c) FORM. (3) A plan to address any gaps identified pursuant to paragraph (2) during the 5-year period beginning on the date of the report. and a plan for the 18 implementation of the concept. 1080H. 11 12 13 SEC. † S 1867 ES . as required by the 2010 17 Quadrennial Defense Review Report. but may include 10 a classified annex. at a minimum. 19 (b) ELEMENTS. (a) REPORT REQUIRED. (2) An identification and assessment of risks related to gaps between Air Sea Battle Concept requirements and the current force structure and capabilities of the Department of Defense.—The report required by subsection 20 (a) shall include. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA BATTLE CONCEPT.—Not later than 180 days 14 after the date of the enactment of this Act. the Secretary 15 of Defense shall submit to Congress a report on the ap16 proved Air Sea Battle Concept. the following: 21 22 23 24 25 (1) The approved Air Sea Battle Concept.520 1 2 3 4 5 6 7 8 (2) A description of any current or foreseeable gaps in the analytic capabilities of the Department regarding threats from foreign ballistic missiles of all ranges.

(4) A description and assessment of how current research. in order of priority. of the five most critical force structure or capabilities requiring increased or sustained investment for the implementation of the Air Sea Battle Concept. capabilities. and acquisition priorities in the program of record meet or fail to meet current and future requirements for implementation of the Air Sea Battle Concept. (7) A description and assessment of the estimated incremental increases in costs and savings from implementing the Air Sea Battle Concept. (5) An identification.521 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) The plan and assessment of the Department on the risks to implementation of the approved concept within the current force structure and capabilities. including an explanation of what force structure. (6) An identification. development. in- † S 1867 ES . and programs will be reduced and how potentially increased risks based on those reductions will be managed relative to other strategic requirements. of how the Department will offset the increased costs for force structure and capabilities required by implementation of the Air Sea Battle Concept. in order of priority.

522 1 2 3 4 5 6 7 8 9 10 11 cluding the most significant reasons for those increased costs and savings.—The report required by subsection (a) 12 shall be submitted in both unclassified and classified form. 1080I. (a) REPORT REQUIRED. in order to implement the Air Sea Battle Concept. REPORT ON EFFECTS OF CHANGING FLAG OFFICER POSITIONS WITHIN THE AIR FORCE MATERIAL COMMAND. † S 1867 ES . 13 14 15 16 SEC.—Not later than 60 days 17 after the date of the enactment of this Act. the Secretary 18 of the Air Force shall conduct an analysis and submit to 19 the congressional defense committees a report on the ef20 fects of changing flag officer positions within the Air 21 Force Materiel Command (AFMC). (c) FORM. (9) Such other matters relating to the development and implementation of the Air Sea Battle Concept as the Secretary considers appropriate. (8) A description and assessment of the contributions required from allies and other international partners. including consider22 ation of the following issues: 23 24 (1) The effect on the weapons testing mission of AFMC. including the identification and plans for management of related risks.

UNITED STATES CODE.523 1 2 3 4 5 6 7 8 9 10 (2) The potential for lack of oversight if flag positions are reduced or eliminated. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILITARY INFORMATION SUPPORT OPERATIONS IN TITLE 10. United States Code. 1081. (4) The additional duties of base management functions impacting the test wing commander’s ability to manage actual weapons testing under the new structure. Title 10. including a determina15 tion whether or not the report complies with applicable 16 best practices. (b) COMPTROLLER GENERAL ASSESSMENT. is amended as follows: (1) In section 167(j). TO CONFORM TO DEPARTMENT OF DEFENSE USAGE. (3) The reduced experience level of general officers managing challenging weapons development programs under a new command structure. by striking paragraph (6) and inserting the following new paragraph: † S 1867 ES . the Comptroller General of the United 13 States shall submit to Congress an assessment by the 14 Comptroller General of the report.—Not 11 later than 60 days after the submittal of the report under 12 subsection (a). 17 18 19 20 21 22 23 24 25 Subtitle H—Other Matters SEC.

—Subsection (c) of 14 such section is amended by striking ‘‘subsection (b)(6)’’ 15 and inserting ‘‘subsection (b)(7)’’.’’. 1082.524 1 2 3 4 5 6 7 8 9 ‘‘(6) Military information support operations. Eisen22 hower School for National Security and Resource Strat23 egy’’. Boren National Security Education Act 11 of 1991 (50 U. 1903) is amended by striking ‘‘by and 12 with the advice and consent of the Senate. (a) TERMINATION. † S 1867 ES . (a) REDESIGNATION. SEC. 1083.—Subsection (b)(7) of section 803 10 of the David L. 16 17 18 19 20 SEC. 13 (b) TECHNICAL AMENDMENT. TERMINATION OF REQUIREMENT FOR APPOINTMENT OF CIVILIAN MEMBERS OF NATIONAL SECURITY EDUCATION BOARD BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. REDESIGNATION OF INDUSTRIAL COLLEGE OF THE ARMED FORCES AS THE DWIGHT D.’’.—The Industrial College of the 21 Armed Forces is hereby renamed the ‘‘Dwight D.S. EISENHOWER SCHOOL FOR NATIONAL SECURITY AND RESOURCE STRATEGY.C. (2) Section 2011(d)(1) is amended by striking ‘‘psychological operations’’ and inserting ‘‘military information support operations’’.

DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF THE FALLEN AND MEDITATION PAVILION. 1085. United States Code. DOVER AIR FORCE BASE.—Paragraph (2) of 2 section 2165(b) of title 10. 1084. 18 is hereby designated as a Fisher House for purposes of 19 section 2493 of title 10. is amend3 ed to read as follows: 4 5 6 ‘‘(2) The Dwight D. 12 13 14 15 16 SEC. The Fisher House for the Families of the Fallen and 17 Meditation Pavilion at Dover Air Force Base. DELAWARE. SENSE OF SENATE ON APPLICATION OF MORATORIUM ON EARMARKS TO THIS ACT. record. should be fully enforced in this Act. or other paper of the United States 9 shall be deemed to be a reference to the Dwight D.’’. Eisenhower School for National Security and Resource Strategy. It is the sense of the Senate that the moratorium on 23 congressionally-directed spending items in the Senate. (c) REFERENCES. 8 document. Eisen10 hower School for National Security and Resource Strat11 egy. AS A FISHER HOUSE. map. United States Code. Delaware.525 1 (b) CONFORMING AMENDMENT. and 24 on congressional earmarks in the House of Representa25 tives. 20 21 22 SEC.—Any reference to the Industrial 7 College of the Armed Forces in any law. regulation. † S 1867 ES .

8 9 SEC. TECHNICAL AMENDMENT RELATING TO RESPONSIBILITIES OF DEPUTY ASSISTANT SEC- RETARY OF DEFENSE FOR MANUFACTURING AND INDUSTRIAL BASE POLICY. is 10 amended by striking ‘‘biological or chemical’’ each place 11 it appears in subsections (a) and (b). United States Code. the Secretary of Defense and the Secretary of Transportation shall jointly conduct a study to identify the legislative and regulatory actions that can be taken for purposes as follows: (A) To facilitate the obtaining of commercial driver’s licenses (within the meaning of sec† S 1867 ES . 1088. (a) STUDY.— (1) IN GENERAL. TECHNICAL AMENDMENT. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SEC. 1087. 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. United States Code. Section 139e(b)(12) of title 10.526 1 2 3 4 5 SEC. 1086.—Not later than 90 days after the date of the enactment of this Act. Section 382 of title 10. 6 is amended by striking ‘‘titles I and II’’ and inserting ‘‘ti7 tles I and III’’.

and experiences of such members for the purposes described in paragraph (1). (B) Identification of the actions the Secretary of Defense can take to document the training. United States Code.—The study required by paragraph (1) shall include the following: (A) Identification of any training. † S 1867 ES . United States Code) by former members of the Armed Forces who operated qualifying motor vehicles as members of the Armed Forces.527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tion 31302 of title 49. qualifications. qualifications. (B) To improve the transition of members of the Armed Forces who operate qualifying motor vehicles as members of the Armed Forces into careers operating commercial motor vehicles (as defined in section 31301 of such title) in the private sector after separation from service in the Armed Forces. (2) ELEMENTS. or experiences of members of the Armed Forces described in paragraph (1)(B) that satisfy the minimum standards prescribed by the Secretary of Transportation for the operation of commercial motor vehicles under section 31305 of title 49.

(b) IMPLEMENTATION. (c) REPORT.— (1) IN GENERAL. (E) Development of recommendations for legislative and regulatory actions to further the purposes described in paragraph (1). the Secretary of Defense 14 and the Secretary of Transportation shall carry out the 15 actions identified under the study which the Secretaries— 16 17 18 19 20 21 22 23 24 25 (1) can carry out without legislative action.—Upon completion of the study required by subsection (a)(1). (2) ELEMENTS.528 1 2 3 4 5 6 7 8 9 10 11 12 (C) Identification of the actions the Secretary of Defense can take to modify the training and education programs of the Department of Defense for the purposes described in paragraph (1).—Upon completion of the 13 study required by subsection (a). (D) An assessment of the feasibility and advisability of each of the legislative and regulatory actions identified under the study.—The report required by paragraph (1) shall include the following: † S 1867 ES . the Secretary of Defense and the Secretary of Transportation shall jointly submit to Congress a report on the findings of the Secretaries with respect to the study. and (2) jointly consider both feasible and advisable.

(D) The recommendations developed under subsection (a)(2)(E). machine. tractor. (2) QUALIFYING MOTOR VEHICLE. (C) A description of the feasibility and advisability of each of the legislative and regulatory actions identified by the study. trailer.—In this section: (1) MOTOR VEHICLE.529 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) A description of the legislative and regulatory actions identified under the study. inclusive of a † S 1867 ES .—The term ‘‘qualifying motor vehicle’’ means a motor vehicle or combination of motor vehicles used to transport passengers or property that— (A) has a gross combination vehicle weight rating of 26. machine.—The term ‘‘motor vehi- cle’’ means a vehicle. (d) DEFINITIONS. tractor. (B) A description of the actions described in subparagraph (A) that can be carried out by the Secretary of Defense and the Secretary of Transportation without any legislative action.001 pounds or more. or semitrailer propelled or drawn by mechanical power and used on land. or semitrailer operated only on a rail line or custom harvesting farm machinery. but does not include a vehicle. trailer.

or (D) is of any size and is used in the transportation of materials found to be hazardous under chapter 51 of title 49. Code of Federal Regulations. by striking ‘‘or’’ at the † S 1867 ES . (2) in paragraph (3). or any corresponding similar regulation or ruling. 1089. 16 7671d(a)) is amended— 17 18 19 20 21 22 23 24 end. (B) has a gross vehicle weight rating of 26.S. (1) in paragraph (2). and which require the motor vehicle to be placarded under subpart F of part 172 of title 49. including the driver.’’.000 pounds. United States Code.C. FIRE SUPPRESSION AGENTS. (C) is designed to transport 16 or more passengers. or’’. SEC.001 pounds or more. Section 605(a) of the Clean Air Act (42 U. by striking the period at the end and inserting ‘‘. 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).530 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 towed unit with a gross vehicle weight rating of more than 10.

—The Secretary of Defense and the Secretary of Homeland Security shall provide personnel.531 1 2 3 SEC. The Secretary of Defense shall submit. 1091. United States 16 Code). 1090. with the 12 budget justification materials submitted to Congress in 13 support of the budget of the Department of Defense for 14 fiscal year 2013 (as submitted with the budget of the 15 President under section 1105(a) of title 31. a long-term plan for maintaining a minimal capac17 ity to produce intercontinental ballistic missile solid rocket 18 motors. equipment. (a) INTERDEPARTMENTAL COLLABORATION. 19 20 21 22 23 24 25 SEC. ACQUISITION AND PROCUREMENT EXCHANGES BETWEEN THE UNITED STATES AND INDIA.— (1) IN GENERAL. The Secretary of Defense should seek to establish ex- 4 changes between acquisition and procurement officials of 5 the Department of Defense and defense officials of the 6 Government of India to increase mutual understanding re7 garding best practices in defense acquisition. 1092. LONG-TERM PLAN FOR MAINTENANCE OF INTERCONTINENTAL BALLISTIC MISSILE SOLID ROCKET MOTOR PRODUCTION CAPACITY. 8 9 10 11 SEC. and facilities in order to † S 1867 ES . CYBERSECURITY COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF HOMELAND SECURITY.

532 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 increase interdepartmental collaboration with respect to— (A) strategic planning for the cybersecurity of the United States.—The collaboration provided for under paragraph (1) shall be designed— (A) to improve the efficiency and effectiveness of requirements formulation and requests for products. (2) EFFICIENCIES. replicating.— † S 1867 ES . services. cybersecurity missions executed across a variety of Department of Defense and Department of Homeland Security elements. operations. and customer support that collectively execute the cybersecurity mission of each Department. (B) mutual support for cybersecurity capabilities development. and (C) synchronization of current operational cybersecurity mission activities. and (B) to leverage the expertise of each individual Department and to avoid duplicating. and coordination and performance assessment of. (b) RESPONSIBILITIES. and technical assistance for. or aggregating unnecessarily the diverse line organizations across technology developments.

and (3) by adding at the end the following new subparagraph: † S 1867 ES . oversee. Section 4312(c)(4) of title 38.— The Secretary of Homeland Security shall identify and assign. and execute collaborative activities and the provision of cybersecurity support to the Department of Homeland Security. SEC. (2) in subparagraph (E).533 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (1) DEPARTMENT OF HOMELAND SECURITY. one or more officials within the Department of Defense to coordinate. or’’. United States Code. by striking the period at the end and inserting ‘‘. 1093. in coordination with the Department of Homeland Security. a Director of Cybersecurity Coordination within the Department of Homeland Security to undertake collaborative activities with the Department of Defense.—The Sec- retary of Defense shall identify and assign. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL GUARD DUTY. 18 is amended— 19 20 21 22 23 24 (1) in subparagraph (D). (2) DEPARTMENT OF DEFENSE. by striking ‘‘or’’ at the end. in coordination with the Department of Defense.

United States Code. † S 1867 ES . and (2) by inserting ‘‘each’’ after ‘‘may’’. as determined by the Secretary concerned. TITLE XI—CIVILIAN PERSONNEL MATTERS SEC.’’.534 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ‘‘(F) ordered to full-time National Guard duty (other than for training) under section 502(f) 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. 1101. AUTHORITY OF THE SECRETARIES OF THE MILITARY DEPARTMENTS TO EMPLOY UP TO 10 PERSONS WITHOUT PAY. Section 1583 of title 10. is 15 amended in the first sentence— 16 17 18 19 (1) by inserting ‘‘and the Secretaries of the military departments’’ after ‘‘the Secretary of Defense’’.

(a) EXTENSION FOR DEPARTMENT OF DEFENSE.— 6 Subparagraph (B) of section 8905a(d)(4) of title 5. and (B) by striking ‘‘December 31. 2011’’ and inserting ‘‘the date specified in clause (i)’’. 2011’’ and inserting ‘‘October 1. the Secretary of Defense may waive the requirement † S 1867 ES . AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM.—Subject to subsection 26 (c). 1103. is amended— 8 9 10 11 12 13 14 15 (1) in clause (i). 2016’’. 21 22 23 24 25 SEC. or the Department of Energy due to a reduc19 tion in force resulting from the establishment of the Na20 tional Nuclear Security Administration’’. 7 United States Code.535 1 2 3 4 5 SEC. 2012’’ and inserting ‘‘February 1. 1102.—Subparagraph DEPARTMENT OF EN- (A) of such section is amended by 18 striking ‘‘. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL EMPLOYEE HEALTH BENEFITS FOR CERTAIN EMPLOYEES OF THE DEPARTMENT OF DEFENSE. (b) TECHNICAL AMENDMENT TO DELETE OBSOLETE TO 16 AUTHORITY APPLICABLE 17 ERGY. 2015’’. (a) AUTHORITY FOR WAIVER. and (2) in clause (ii)— (A) by striking ‘‘February 1. by striking ‘‘December 31.

for repayment to the Department of 3 Defense of a voluntary separation incentive payment made 4 under subsection (f)(1) of that section in the case of an 5 employee or former employee of the Department of De6 fense described in subsection (b). received a representation from an officer or employee of the Department † S 1867 ES . 2008. 2 United States Code. and ending on March 1. United States Code. 2008. received a voluntary separation incentive payment under subsection (f)(1) of section 9902 of title 5.—Subsection (a) applies to 8 any employee or former employee of the Department of 9 Defense— 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) who during the period beginning on April 1. before accepting the reappointment referred to in paragraph (2). (2) who was reappointed to a position in the Department of Defense to support a declared national emergency related to terrorism or a natural disaster during the period beginning on June 1. 2004. and (3) with respect to whom the Secretary determines— (A) that the employee or former employee.536 1 under subsection (f)(6)(B) of section 9902 of title 5. 2004. 7 (b) PERSONS COVERED. and ending on March 1.

—The Secretary of 8 Defense may grant a waiver under subsection (a) in the 9 case of any individual only if the Secretary determines 10 that recovery of the amount of the payment otherwise re11 quired would be against equity and good conscience be12 cause of the circumstances of that individual’s reemploy13 ment after receiving a voluntary separation incentive pay14 ment. pursuant to a determination under 17 subsection (c) specific to an individual.—The Sec- 16 retary of Defense may. or from appro24 priations currently available for the purposes of the appro25 priation into which the repayment was deposited. 15 (d) TREATMENT OF PRIOR REPAYMENTS. † S 1867 ES . 23 if such appropriations remain available. provide for reim18 bursement to that individual for any amount the indi19 vidual has previously repaid to the United States for a 20 voluntary separation incentive payment covered by this 21 section. and (B) that the employee or former employee reasonably relied on that representation when accepting reappointment. The reimbursement shall be paid either from the 22 appropriations into which the repayment was deposited. (c) REQUIRED DETERMINATION.537 1 2 3 4 5 6 7 of Defense that recovery of the amount of the payment referred to in paragraph (1) would not be required or would be waived.

(a) PERMANENT EXTENSION. (b) EXPANSION OF AVAILABILITY OF PERSONNEL 16 MANAGEMENT AUTHORITY. and (4) by adding at the end the following new subparagraph: † S 1867 ES . by striking ‘‘and’’ at the end. by striking ‘‘During the program period’’ and all that follows through ‘‘use of the’’ and inserting ‘‘The Secretary of Defense may carry out a program to use the’’.C. 1104. (3) in subparagraph (D).S.—Subsection (b)(1) of such 17 section is amended— 18 19 20 21 22 23 24 25 (1) in subparagraph (A). by striking ‘‘40’’ and inserting ‘‘50’’. 4 5 6 7 SEC.—The authority to 2 grant a waiver under this section shall expire on December 3 31.538 1 (e) EXPIRATION OF AUTHORITY. and (2) by striking subsections (e). 3104 note) is amended— 10 11 12 13 14 15 (1) in subsection (a). 2012.—Section 1101 of the 8 Strom Thurmond National Defense Authorization Act for 9 Fiscal Year 1999 (5 U. by adding ‘‘and’’ at the end. and (g). (f). PERMANENT EXTENSION AND EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL. (2) in subparagraph (C).

United States Code. and (B) in the second sentence. (2) EFFECTIVE DATE. † S 1867 ES .—Paragraph (4) of section 8102a(d) of title 5.—The amendments made by this subsection shall take effect on the date of enactment of this Act and apply to the payment of a death gratuity based on any death occurring on or after that date.539 1 2 3 4 5 6 7 8 9 ‘‘(E) not more than a total of 10 scientific and engineering positions in the Office of the Director of Operational Test and Evaluation. is amended— (A) by striking the first sentence and inserting ‘‘A person covered by this section may designate another person to receive an amount payable under this section. (a) AUTHORITY TO DESIGNATE MORE THAN 50 OF 10 PERCENT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SONS. MODIFICATION OF BENEFICIARY DESIGNATION AUTHORITIES FOR DEATH GRATUITY PAYABLE UPON DEATH OF A UNITED STATES GOVERNMENT EMPLOYEE IN SERVICE WITH THE ARMED FORCES.— DEATH GRATUITY TO UNRELATED PER- (1) IN GENERAL. 1105. by striking ‘‘up to the maximum of 50 percent’’.’’. SEC.’’.

the Global 17 War on Terror. 120 Stat. as added by section 1102 19 of the Duncan Hunter National Defense Authorization 20 Act for Fiscal Year 2009 (Public Law 110–417. 21 4616). the head of the agency. 2010.540 1 2 3 (b) NOTICE OTHER TO SPOUSE OF DESIGNATION OF OF AN- PERSON TO RECEIVE PORTION DEATH GRA- TUITY. is amended by striking ‘‘fiscal years 2009. 22 and 2011’’ and inserting ‘‘fiscal years 2009 through 23 2013’’. BENEFITS.—Such section is further amended by adding at the 4 end the following new paragraph: 5 6 7 8 9 10 11 12 13 14 15 ‘‘(6) If a person covered by this section has a spouse. 122 Stat. 1106. SEC. but designates a person other than the spouse to receive all or a portion of the amount payable under this section. AND GRATUITIES TO PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. or other entity. and Hurricane Recovery. TWO-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO GRANT ALLOWANCES. in which that person is employed shall provide notice of the designation to the spouse.’’. 443). 2006 (Public 18 Law 109–234. Paragraph (2) of section 1603(a) of the Emergency 16 Supplemental Appropriations Act for Defense. † S 1867 ES .

section 1101(a) of the 7 Duncan Hunter National Defense Authorization Act for 8 Fiscal Year 2009 (Public Law 110–417. 4615).541 1 2 3 4 5 6 SEC. (a) EXPANSION. 14 15 16 17 18 19 20 21 22 TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training SEC. United 23 States Code. 1201. Effective January 1.—Section 407 of title 10. 1107. 2012. 122 Stat. is amended— 24 (1) in subsection (a)— † S 1867 ES . 9 as most recently amended by section 1103 of the Ike Skel10 ton National Defense Authorization Act for Fiscal Year 11 2011 (Public Law 111–383. 124 Stat. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. is further 12 amended by striking ‘‘through 2011’’ and inserting 13 ‘‘through 2012’’. 4382). EXPANSION OF SCOPE OF HUMANITARIAN DEMINING ASSISTANCE AUTHORITY TO INCLUDE STOCKPILED CONVENTIONAL MUNITIONS.

(2) in subsection (b)— (A) in paragraph (1). as applicable. by inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’. by inserting ‘‘and stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’. (3) in subsection (c)— † S 1867 ES . and (B) in paragraph (2). by inserting ‘‘and stockpiled conventional munitions assistance’’ after ‘‘Humanitarian demining assistance’’. or stockpiled conventional munitions. (B) in paragraph (2).542 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (A) in paragraph (1). by inserting ‘‘. by inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’. and (ii) in subparagraph (A). and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A).’’ after ‘‘explosive remnants of war’’. by inserting ‘‘and stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’.

and (B) in paragraph (2)(B)— (i) by inserting ‘‘or stockpiled conventional munitions activities’’ after ‘‘humanitarian demining activities’’. and (4) in subsection (d).—The CONVENTIONAL MUNITIONS term ‘stockpiled conventional munitions assistance’. and (ii) by inserting ‘‘. as applicable. as it relates to training and support. by inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’ each place it appears.—Subsection (e) of such section is 16 amended to read as follows: 17 18 19 20 21 22 23 24 25 ‘‘(e) DEFINITIONS. ‘‘(2) STOCKPILED ASSISTANCE. (b) DEFINITIONS.543 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (A) in paragraph (1). means detection and clearance of landmines and other explosive remnants of war.—In this section: ‘‘(1) HUMANITARIAN DEMINING ASSISTANCE. or stockpiled conventional munitions. as it relates to support of hu- † S 1867 ES .— The term ‘humanitarian demining assistance’.’’ after ‘‘explosive remnants of war’’. by inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’.

physical security. the detection and clearance of landmines and other explosive remnants of war. training. (2) TABLE OF SECTIONS.—The terms in paragraphs (1) and (2) include activities related to the furnishing of education. means training and support in the disposal. and technical assistance with respect to explosive safety. Humanitarian demining assistance and stock18 19 20 21 22 23 piled conventional munitions assistance: authority. (c) CLERICAL AMENDMENTS. demilitarization. Humanitarian demining assistance and stockpiled conventional munitions assistance: authority.’’. and stockpile management of potentially dangerous stockpiles of explosive ordnance. limitations’’. physical security.—The heading of such section is amended to read as follows: 17 ‘‘§ 407. demilitarization.544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 manitarian assistance efforts.’’. limitations. † S 1867 ES .—The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 407 and inserting the following new item: ‘‘407. and the disposal. ‘‘(3) INCLUDED ACTIVITIES.— (1) SECTION HEADING. and stockpile management of potentially dangerous stockpiles of explosive ordnance.

(B) by striking ‘‘fiscal year 2011. 119 Stat.— (1) IN GENERAL. and (C) by striking ‘‘operation and maintenance’’ and all that follows and inserting ‘‘operation and maintenance. is further amended— (A) in the subsection heading.000. 124 Stat. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITIES MANDERS’ GRAM. as most recently amended by section 1212 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383. from’’ and inserting ‘‘fiscal year 2012’’. 4389). 1202. not to exceed $400. by striking ‘‘FISCAL YEAR 2011’’ and inserting ‘‘FISCAL YEAR 2012’’.’’. APPLICABLE TO COMPRO- EMERGENCY RESPONSE (a) ONE-YEAR EXTENSION OF AUTHORITY.545 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SEC.000 may be used by the Secretary of Defense to provide funds for the Commanders’ Emergency Response Program in Afghanistan. 3455). † S 1867 ES .—Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163.

10 (c) AUTHORITY TO ACCEPT CONTRIBUTIONS. or international organiza21 tion for the purposes specified in subsection (a).—Such 11 section.—Subsection (b)(1) of such section.546 1 2 3 4 5 (2) EFFECTIVE DATE. 13 is further amended— 14 15 16 17 18 (1) by redesignating subsection (i) as subsection (j). 2011. 123 Stat. and (2) by inserting after subsection (h) the following new subsection (i): ‘‘(i) AUTHORITY TO ACCEPT CONTRIBUTIONS. 6 as most recently amended by section 1222 of the National 7 Defense Authorization Act for Fiscal Year 2010 (Public 8 Law 111–84.—The amendments made by paragraph (1) shall take effect on October 1. Funds 22 received by the Secretary may be credited to the operation 23 and maintenance account from which funds are made 24 available to carry out the authority in subsection (a). (b) EXTENSION PORTS TO OF DUE DATE FOR QUARTERLY RE- CONGRESS. is further amended by 9 striking ‘‘30 days’’ and inserting ‘‘45 days’’. and † S 1867 ES . 2518).—The 19 Secretary of Defense may accept cash contributions from 20 any person. foreign government. as so amended by section 1212 of the Ike Skelton 12 National Defense Authorization Act for Fiscal Year 2011.

547 1 may be used for such purposes until expended in addition 2 to the funds specified in that subsection. (a) EXTENSION. 120 Stat. 4623).—Subsection (a) of section 1205 of 20 the Ike Skelton National Defense Authorization Act for 21 Fiscal Year 2011 (Public Law 111–383. 16 17 18 19 SEC. 15 2014’’.’’. 2011’’ and inserting ‘‘September 30. 3 4 5 6 7 8 SEC. 124 Stat. is further amended by striking 14 ‘‘September 30. 1203. CONDITIONAL EXTENSION AND MODIFICATION OF AUTHORITY TO BUILD THE CAPACITY OF COUNTER TERRORISM FORCES OF YEMEN. 24 25 (b) ASSISTANCE THROUGH MINOR MILITARY CONSTRUCTION. 2413). as most recently amended by 11 section 1204(b) of the Duncan Hunter National Defense 12 Authorization Act for Fiscal Year 2009 (Public Law 110– 13 417. 122 Stat. 4387) 22 is amended by striking ‘‘fiscal year 2011’’ and inserting 23 ‘‘fiscal years 2011 and 2012’’. 1204.—Subsection (b) of such section is amended— † S 1867 ES . Section 1202(e) of the John Warner National De- 9 fense Authorization Act for Fiscal Year 2007 (Public Law 10 109–364. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSSSERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY.

—Subsection (c) of that section is 17 amended by striking ‘‘by section 301’’ and all that follows 18 through ‘‘for fiscal year 2011’’ and inserting ‘‘for the fis19 cal year concerned for operation and maintenance (other 20 than operation and maintenance for overseas contingency 21 operations)’’.000. (c) FUNDING. Yemen. (2) by redesignating paragraph (3) as paragraph (4).—Minor ON MINOR MILITARY CON- military construction may be provided under subsection (a) only after September 30.000.— (1) NOTICE AND WAIT.’’.—An authority specified in paragraph (2) may not be used until 60 days after the date on which the Secretary of Defense † S 1867 ES .548 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (1) in paragraph (1). 2011. Minor military construction may not be provided under subsection (a) in the city of Sana’a or in the Sana’a Governate. The total amount that may be obligated and expended on such construction in any fiscal year may not exceed $10. 22 23 24 25 (d) CONDITION ON USE OF AUTHORITIES. and (3) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) LIMITATIONS STRUCTION. by inserting ‘‘and minor military construction’’ before the period at the end.

549 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the Secretary of State jointly certify.—The authorities referred to in this paragraph are the following: (A) The authority in section 1205 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011. in writing. (C) An acknowledgment by the Secretary of Defense and the Secretary of State that they have received assurance from the Government of Yemen that any assistance provided pursuant to such authority will be utilized in manner consistent with subsection (b)(2) of the applicable section. as amended by this section. to the appropriate committees of Congress that the use of such authority is important to the national security interests of the United States. (2) COVERED AUTHORITIES. (B) The authority in section 1206 of the National Defense Authorization Act for Fiscal † S 1867 ES . (B) A justification for the provision of assistance pursuant to such authority. The certification on an authority shall include the following: (A) The reasons why the use of such authority is important to the national security interests of the United States.

2456).—Subsection (h) of section 1208 of 13 the Ronald W. SEC. 23 is further amended— 24 25 (1) by striking ‘‘each fiscal year’’ and inserting ‘‘any fiscal year’’. as most 15 recently amended by section 1208(c) of the Duncan Hun16 ter National Defense Authorization Act for Fiscal Year 17 2009 (Public Law 110–417.550 1 2 3 4 5 6 7 8 9 10 11 12 Year 2006 (Public Law 109–163. as amended by section 21 1202(b) of the National Defense Authorization Act for 22 Fiscal Year 2008 (Public Law 110–181. Reagan National Defense Authorization 14 Act for Fiscal Year 2005 (Public Law 108–375). 4626). EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL RORISM. 1205. 119 Stat. 122 Stat. is further 18 amended by striking ‘‘2013’’ and inserting ‘‘2017’’. 19 (b) CLARIFICATION OF LIMITATION ON FUNDING. as amended. and † S 1867 ES .—In COMMITTEES OF CONGRESS this subsection.— 20 Subsection (g) of such section. 364). OPERATIONS TO COMBAT TER- (a) EXTENSION. (3) APPROPRIATE DEFINED. 122 Stat. the term ‘‘appro- priate committees of Congress’’ means the committees of Congress specified in section 1205(d)(2) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011.

Of the funds available for fiscal year 2012 for build- 8 ing the capacity of foreign military forces under section 9 1206 of the National Defense Authorization Act for Fiscal 10 Year 2006 (Public Law 109–163.—There is established on the 21 books of the Treasury of the United States an account 22 to be known as the ‘‘Global Security Contingency Fund’’. as 11 most recently amended by section 1207 of the Ike Skelton 12 National Defense Authorization Act for Fiscal Year 2011 13 (Public Law 111–383. 4642). GLOBAL SECURITY CONTINGENCY FUND. notwithstanding any other provision of law. † S 1867 ES .551 1 2 3 4 5 6 7 (2) by striking ‘‘pursuant to title XV of this Act’’ and inserting ‘‘for that fiscal year’’.000. 3456). 19 20 SEC. not more than 14 $100. 119 Stat. (a) ESTABLISHMENT.000 may be obligated and expended until the 15 Secretary of Defense and the Secretary of State submit 16 the report required by section 1237 of the Duncan Hunter 17 National Defense Authorization Act for Fiscal Year 2009 18 (Public Law 110–417. 23 (b) AUTHORITY. 1206. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTHORITIES RELATING TO PROGRAM TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES. 122 Stat. 124 Stat.—Amounts in the Fund shall be 24 available to either the Secretary of State or the Secretary 25 of Defense. SEC. 4389). 1207.

determines that conflict or instability in a country or region challenges the existing capability of civilian providers to deliver such assistance. stability. with the concurrence of the Secretary of 3 Defense. or peace support operations consistent with United States foreign policy and national security interests. and other national security forces that conduct border and maritime security. to— (A) conduct border and maritime security. internal defense. (2) Assistance may be provided for the justice sector (including law enforcement and prisons). internal security. and stabilization efforts in those cases in which the Secretary of State. and (B) participate in or support military. rule of law programs. in consultation with the Secretary of Defense. † S 1867 ES .552 1 to provide assistance to countries designated by the Sec2 retary of State. for purposes of this section. as well as the government agencies responsible for such forces. and counterterrorism operations. as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Assistance under this section may be provided to enhance the capabilities of a foreign country’s national military forces. and counterterrorism operations.

(2) LIMITATION ON ELIGIBLE COUNTRIES.553 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (c) TYPES OF ASSISTANCE. supplies. and (B) respect for legitimate civilian authority within that country. and training. (d) LIMITATIONS.—The OTHERWISE PROHIBITED BY Secretary of Defense and the Secretary of State may not use the authority provided under subsection (b) to provide any type of assistance that is otherwise prohibited by any provision of law.— (1) ASSISTANCE LAW.— The Secretary of Defense and the Secretary of State may not use the authority provided under subsection (b) to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. (2) REQUIRED ELEMENTS.—A program to provide the assistance under subsection (b)(1) may include the provision of equipment.—A program to pro- vide the assistance under subsection (b)(1) shall include elements that promote— (A) observance of and respect for human rights and fundamental freedoms.— (1) AUTHORIZED ELEMENTS. † S 1867 ES .

prior to implementation.C.—The Secretary of State and the Secretary of Defense shall jointly formulate assistance programs under subsection (b)(1). shall formulate assistance programs under subsection (b)(2).) shall be 23 available to the Secretary of State with respect to funds 24 made available to carry out this section.554 1 (e) FORMULATION AND APPROVAL OF ASSISTANCE 2 PROGRAMS. (f) RELATION TO OTHER AUTHORITIES. Assistance programs to be carried out under the authority in subsection (b)(2) shall be approved by the Secretary of State. (2) JUSTICE GRAMS.S. Assistance programs to be carried out pursuant to subsection (b)(1) shall be approved by the Secretary of State. 2151 et seq.—The au- 19 thority to provide assistance under this section is in addi20 tion to any other authority to provide assistance to foreign 21 nations.— † S 1867 ES . with the concurrence of the Secretary of Defense. 25 (g) TRANSFER AUTHORITY. The administrative authorities of the Foreign As22 sistance Act of 1961 (22 U.—The SECTOR AND STABILIZATION PRO- Secretary of State.— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (1) SECURITY PROGRAMS. prior to implementation. with the concurrence of the Secretary of Defense. in consultation with the Secretary of Defense.

—Funds made available to carry out assistance activities approved pursuant to subsection (c) may be transferred to accounts under the following authorities: (A) Section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163. relating to pro- † S 1867 ES . 3456. Amounts transferred under this paragraph shall be merged with funds made available under this section and remain available until expended as provided in subsection (i) for the purposes specified in subsection (b). 119 Stat.000.000.—Funds available to the Department of State for foreign assistance may be transferred to the Fund by the Secretary of State. (2) LIMITATION. (3) TRANSFERS TO OTHER ACCOUNTS.—The total amount of funds appropriated and transferred to the Fund in any fiscal year shall not exceed $300.555 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) FOREIGN ASSISTANCE AND OTHER FUNDS. Funds available to the Department of Defense may be transferred to the Fund by the Secretary of Defense in accordance with established procedures for reprogramming under section 1001 of this Act and successor provisions of law. This limitation does not apply to amounts contributed to the Fund under subsection (h).

Foreign Operations. (D) Chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U. 2347 et seq. 123 Stat.C. 2349aa et seq.556 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 gram to build the capacity of foreign military forces). relating to antiterrorism assistance). relating to international narcotics control and law enforcement). relating to foreign military financing program). † S 1867 ES . and Related Programs Appropriations Act. (E) Chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U. relating to international military education and training program)..S.C.—The transfer authorities in paragraphs (1) and (3) are in addition to any other transfer authority available to the Department of State or the Department of Defense.S.C. (4) ADDITIONAL AUTHORITIES. 2763. (F) Complex Crises Fund of the Foreign Assistance Act of 1961 (title III of the Department of State. 2291.C.S.S. 3327)). (C) Section 481 of the Foreign Assistance Act of 1961 (22 U. (B) Section 23 of the Arms Export Control Act (22 U.. 2010 (division F of Public Law 111–117.

—Amounts in the Fund 12 shall remain available until September 30. the Secretary of State. the Secretary of Defense. with the concurrence of the Secretary of Defense. 2015. shall notify the † S 1867 ES . shall notify the specified congressional committees of the program to be initiated.—Not SECTOR AND STABILIZATION PRO- less than 15 days before initiating ac- tivities under a program of assistance under subsection (b)(2).C. with the concurrence of the Secretary of State. and services ac8 cepted pursuant to the authority of section 635(d) of the 9 Foreign Assistance Act of 1961 (22 U. 11 (i) AVAILABILITY OF FUNDS.557 1 2 3 4 5 6 (5) EFFECT ON AUTHORIZATION AMOUNTS.—Not less than 15 days before initiating activities under a program of assistance under subsection (b)(1).—The Secretary 7 of State may use money. property. (2) JUSTICE GRAMS.S.— (1) SECURITY PROGRAMS. 13 14 15 16 17 18 19 20 21 22 23 24 (j) CONGRESSIONAL NOTIFICATION.—A transfer of an amount to an account under the authority provided in paragraph (3) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred. (h) AUTHORITY TO ACCEPT GIFTS. funds. 2395(d)) to 10 fulfill the purposes of subsection (b).

(3) EXERCISE OF TRANSFER AUTHORITY. the Committee on Foreign Affairs. the Committee on Foreign Relations. the term ‘‘specified congressional commit16 tees’’ means— 17 18 19 20 21 22 23 24 (1) the Committee on Armed Services. (k) REPORTING REQUIREMENT. † S 1867 ES .558 1 2 3 4 5 6 7 8 9 specified congressional committees of the program to be initiated. and the Committee on Appropriations of the House of Representatives.—The authority provided under 25 this section may not be exercised after September 30.—Not less than 15 days before a transfer under the authority of subsection (g). and the Committee on Appropriations of the Senate.—In 15 this section. (m) EXPIRATION.—The Secretary of 10 State and the Secretary of Defense jointly shall provide 11 a report quarterly to the specified congressional commit12 tees on obligations of funds or transfers into the Fund 13 made during the preceding quarter. and (2) the Committee on Armed Services. 14 (l) SPECIFIED CONGRESSIONAL COMMITTEES. the Secretary of State and the Secretary of Defense shall jointly notify the specified congressional committees of the transfer of funds into the Fund.

1208. security agencies serving a similar defense function.— (1) AUTHORIZED ELEMENTS. and al Shabaab. except with respect to amounts appropriated or 2 transferred to the Fund prior to such date.—Amounts in the 6 Fund may be used for necessary administrative expenses.—The Secretary of Defense may. (2) To enhance the capacity of national military forces participating in the African Union Mission in Somalia to conduct counterterrorism operations described in paragraph (1). (b) TYPES OF ASSISTANCE. al Qaeda affiliates. which can con3 tinue to be obligated and expended as provided in sub4 section (i). 5 (n) ADMINISTRATIVE EXPENSES. (a) AUTHORITY. Ethiopia. 7 8 9 10 SEC. provide 12 assistance during fiscal years 2012 and 2013 as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) To enhance the capacity of the national military forces.559 1 2014. and border security forces of Djibouti. and Kenya to conduct counterterrorism operations against al Qaeda. AUTHORITY TO BUILD THE CAPACITY OF CERTAIN COUNTERTERRORISM FORCES OF EAST AFRICAN COUNTRIES.—Assistance under subsection (a) may include the provision of † S 1867 ES . 11 with the concurrence of the Secretary of State.

(c) FUNDING. (2) AVAILABILITY OF FUNDS FOR ASSISTANCE ACROSS FISCAL YEARS.—Assistance under subsection (a) shall be provided in a manner that promotes— (A) observance of and respect for human rights and fundamental freedoms. training.—Amounts available under this subsection for the authority in subsection (a) † S 1867 ES . (2) REQUIRED ELEMENTS. and (B) respect for legitimate civilian authority in the country receiving such assistance.560 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 equipment. $75. supplies.—The OTHERWISE PROHIBITED BY Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in this subsection that is otherwise prohibited by any provision of law.— (1) IN GENERAL.000. and minor military construction.—Of the amount authorized to be appropriated for each of fiscal years 2012 and 2103 for the Department of Defense for operation and maintenance (other than operation and maintenance for overseas contingency operations). (3) ASSISTANCE LAW.000 may be utilized to provide assistance under subsection (a).

— (1) IN GENERAL. the Committee on Foreign Relations. and the Committee on Appropriations of the Senate. including the types of such assistance. and the Committee on Appropriations of the House of Representatives. the Secretary of Defense shall submit to the committees of Congress specified in paragraph (2) a notice setting forth the assistance to be provided. † S 1867 ES . and (B) the Committee on Armed Services.—Not later than 30 days be- fore providing assistance under subsection (a).561 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 for a fiscal year may be used for assistance under that authority that begins in such fiscal year but ends in the next fiscal year.—The commit- tees of Congress specified in this paragraph are— (A) the Committee on Armed Services. (d) NOTICE TO CONGRESS. the budget for such assistance. and the completion date for the provision of such assistance. (2) COMMITTEES OF CONGRESS. the Committee on Foreign Affairs.

(a) AUTHORITY. with the 8 concurrence of Secretary of State. 1209). 7 124 Stat. with the concurrence of the Secretary of State. SUPPORT OF FORCES PARTICIPATING IN OPERATIONS TO DISARM THE LORD’S RESISTANCE ARMY. 9 supplies.562 1 2 3 4 SEC. and services and intelligence support for forces 10 participating in operations to mitigate and eliminate the 11 threat posed by the Lord’s Resistance Army as follows: 12 13 14 15 16 17 18 (1) The national military forces of Uganda. (b) PARTICIPATION SONNEL. 1209. provide logistic support. † S 1867 ES . (2) The national military forces of any other country determined by the Secretary of Defense. to be participating in such operations. except for the purpose of acting in self-defense 23 or of rescuing any United States citizen (including any 24 member of the United States Armed Forces. the Secretary of Defense may. 19 United States civilian employees. or United States civilian 20 contractor personnel may participate in combat operations 21 in connection with the provision of support under sub22 section (a). or any United States civilian con26 tractor).—No OF UNITED STATES PER- United States Armed Forces personnel.—Pursuant to the policy established 5 by the Lord’s Resistance Army Disarmament and North6 ern Uganda Recovery Act of 2009 (Public Law 111–172. any United 25 States civilian employee.

23 24 (f) NOTICE VIDED.563 1 (c) FUNDING.—The Secretary of Defense may not use the authority in subsection (a) to provide support to any foreign country that is otherwise prohibited from receiving such type of support under any other provision of law. (2) ELIGIBLE COUNTRIES.—The TO CONGRESS ON ELIGIBLE COUN- Secretary of Defense may not provide sup- 18 port under subsection (a) for the national military forces 19 of a country determined to be eligible for such support 20 under that subsection until the Secretary notifies the ap21 propriate committees of Congress of the eligibility of the 22 country for such support. 4 not more than $35.000 may be utilized in each such 5 fiscal year to provide support under subsection (a).—Not TO CONGRESS ON SUPPORT TO BE PRO- later than 5 days after the date on which 25 funds are obligated to provide support under subsection † S 1867 ES . (e) NOTICE TRIES.—Of the amount authorized to be ap- 2 propriated for the Department of Defense for each of fis3 cal years 2012 and 2013 for operation and maintenance.—The Secretary of Defense may not use the authority in subsection (a) to provide any type of support that is otherwise prohibited by any provision of law. 6 7 8 9 10 11 12 13 14 15 16 17 (d) LIMITATIONS.000.— (1) IN GENERAL.

the Committee on Foreign Relations. (5) The intended duration of such support. † S 1867 ES . (g) QUARTERLY REPORTS TO CONGRESS. (4) The estimated cost of such support. and (B) the Committee on Armed Services. (3) The objectives of such support. and the Committee on Appropriations of the Senate. 15 16 17 18 19 20 21 22 23 24 (h) DEFINITIONS. the Committee on Foreign Affairs.—The Sec- 11 retary of State and the Secretary of Defense shall jointly 12 submit to the appropriate committees of Congress on a 13 quarterly basis a report on the obligation of funds under 14 this section during the preceding quarter. the Secretary of Defense shall submit to the appro2 priate committees of Congress a notice setting forth the 3 following: 4 5 6 7 8 9 10 (1) The type of support to be provided.564 1 (a).—In this section: (1) The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Armed Services. and the Committee on Appropriations of the House of Representatives. (2) The national military forces to be supported.

supplies. (i) EXPIRATION. 6 7 8 9 10 11 12 Subtitle B—Matters Relating to Iraq. United States Code.565 1 2 3 4 (2) The term ‘‘logistic support.—Subsection (d) 20 of such section is amended by striking ‘‘$400. 1221. (a) EXTENSION.000.—The authority provided under this 5 section may not be exercised after September 30. as amended by section 1218 of 15 the Ike Skelton National Defense Authorization Act for 16 Fiscal Year 2011 (Public Law 111–383.—Section 1234 of the National De- 13 fense Authorization Act for Fiscal Year 2008 (Public Law 14 110–181. 124 Stat. 4394). 17 is further amended by striking ‘‘fiscal year 2011’’ each 18 place it appears and inserting ‘‘fiscal year 2012’’. and services’’ has the meaning given that term in section 2350(1) of title 10. 22 (c) ADDITIONAL LIMITATION ON AVAILABILITY OF 23 FUNDS. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT FOR COALITION FORCES SUP- PORTING OPERATIONS IN IRAQ AND AFGHANISTAN.000 may be obligated and expended until the † S 1867 ES .000’’. 394).000.000. 122 Stat. 19 (b) AMOUNT OF FUNDS AVAILABLE. not more than 25 $200. Afghanistan.—Of the funds available for logistical support 24 under such section during fiscal year 2012.000’’ 21 and inserting ‘‘$450. and Pakistan SEC. 2013.

—Subsection (f)(1) of 18 such section. ONE-YEAR EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN. is further amend15 ed by striking ‘‘December 31.566 1 Secretary of Defense submits the report required by sec2 tion 1234 of the Ike Skelton National Defense Authoriza3 tion Act for Fiscal Year 2011 (124 Stat. thereafter through March 31. 17 (b) QUARTERLY REPORTS. 2013. † S 1867 ES . 124 Stat. as so amended. 12 2532). 1222. in which the 23 authority in subsection (a) is implemented’’. 22 if any. is further amended by strik19 ing ‘‘and every 90 days thereafter through March 31. 2012’’. 2012.—Subsection (h) of 10 section 1234 of the National Defense Authorization Act 11 for Fiscal Year 2010 (Public Law 111–84. and at the end of each calendar quarter. 2011’’ and inserting ‘‘De16 cember 31. (a) EXTENSION OF AUTHORITY. 4397). 123 Stat. as amended by section 1214 of the Ike Skelton Na13 tional Defense Authorization Act for Fiscal Year 2011 14 (Public Law 111–383. 4391). 4 5 6 7 8 9 SEC. 20 2012’’ and inserting ‘‘every 90 days thereafter through 21 March 31.

124 Stat. (a) ONE-YEAR EXTENSION. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN. 124 Stat. 2011’’ both places it ap11 pears and inserting ‘‘September 30. 2011’’ and inserting ‘‘December 31. 2521). 7 as amended by section 1220(a) of the Ike Skelton Na8 tional Defense Authorization Act for Fiscal Year 2011 9 (Public Law 111–383. 4395). is further amend10 ed by striking ‘‘September 30. ONE-YEAR EXTENSION OF AUTHORITIES APPLICABLE TO THE PAKISTAN COUNTERINSURGENCY FUND. † S 1867 ES .—Subsection (h) of sec- 5 tion 1224 of the National Defense Authorization Act for 6 Fiscal Year 2010 (Public Law 111–84. and (2) in subsection (e). 4392) is amended— 21 22 23 24 25 (1) in subsection (a). 15 16 17 18 SEC.567 1 2 3 4 SEC. 1224. 123 Stat. by striking ‘‘fiscal year 2011’’ and inserting ‘‘in each of fiscal years 2011 and 2012’’. Section 1216 of the Ike Skelton National Defense 19 Authorization Act for Fiscal Year 2011 (Public Law 111– 20 383. 12 (b) CLARIFICATION OF SOURCE OF FUNDS FOR 13 FUND. 2012’’.—Subsection (a)(1)(A) of such section is amended 14 by striking ‘‘for fiscal year 2009’’. by striking ‘‘December 31. 1223. 2012’’.

S. (a) FUNDING. and (2) in paragraph (2). (a) EXTENSION.—Subsection (g) of such 17 section is amended by striking ‘‘30 days’’ and inserting 18 ‘‘15 days’’. (b) NOTICE TO CONGRESS. by inserting ‘‘or 2012’’ after ‘‘fiscal year 2011’’. 19 20 21 22 23 SEC. 7513 note) is amended— 8 9 10 11 12 13 14 15 16 (1) in paragraph (1). 1226. 393).’’.568 1 2 3 4 SEC. 2012.—Subsection (a) of section 1233 of 24 the National Defense Authorization Act for Fiscal Year 25 2008 (Public Law 110–181. 22 7 U. 122 Stat. 4393. by striking ‘‘until September 30. 124 Stat. 2013. ONE-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. as amended 26 by section 1223 of the National Defense Authorization Act † S 1867 ES . until September 30. MODIFICATION OF AUTHORITY ON PROGRAM TO DEVELOP AND CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN.—Subsection (f) of section 1217 of the 5 Ike Skelton National Defense Authorization Act for Fiscal 6 Year 2011 (Public Law 111–383. 1225. until September 30.’’ and inserting ‘‘as follows: ‘‘(A) In the case of funds for fiscal year 2011.C. ‘‘(B) In the case of funds for fiscal year 2012. 2012.

393). as so amended.569 1 for Fiscal Year 2010 (Public Law 111–84. as so amended. 8 (b) LIMITATION ON AMOUNT AVAILABLE.000’’. is further amended by insert17 ing a comma after ‘‘Budget’’. 18 19 (d) EXTENSION ING TO OF NOTICE REQUIREMENT RELATOF REIMBURSEMENT BY PAKISTAN FOR SUPPORT 20 PROVIDED PAKISTAN. is further amended by † S 1867 ES . 123 Stat.000’’ and inserting ‘‘$1. as most recently amended by section 23 1213(d) of the Ike Skelton National Defense Authoriza24 tion Act for Fiscal Year 2011.—Section 1232(b)(6) of the Na- 21 tional Defense Authorization Act for Fiscal Year 2008 22 (122 Stat. 2 2519) and section 1213 of the Ike Skelton National De3 fense Authorization Act for Fiscal Year 2011 (Public Law 4 111–383.750. is further amended by striking 5 ‘‘by section 1510 of the Ike Skelton National Defense Au6 thorization Act for Fiscal Year 2011’’ and inserting ‘‘for 7 fiscal year 2012 for overseas contingency operations’’. is further 10 amended— 11 12 13 14 15 (1) by striking ‘‘fiscal year 2010 or 2011’’ and inserting ‘‘fiscal year 2012’’.—Sub- 9 section (d)(1) of such section. 4391).—Subsection (c)(2) of 16 such section. 12 Stat.000. and (2) by striking ‘‘$1. (c) TECHNICAL AMENDMENT.600.000.

2012’’ and inserting ‘‘September 2 30. (a) REPORT IN ON PROGRESS TOWARD SECURITY AND 6 STABILITY AFGHANISTAN.—Section 1230(a) of the 7 National Defense Authorization Act for Fiscal Year 2008 8 (Public Law 110–181. 19 is further amended by striking ‘‘2012’’ and inserting 20 ‘‘2014’’.570 1 striking ‘‘September 30.— 15 Section 1231(a) of the National Defense Authorization 16 Act for Fiscal Year 2008 (122 Stat. 385). 4395). as most recently 9 amended by section 1231 of the Ike Skelton National De10 fense Authorization Act for Fiscal Year 2011 (Public Law 11 111–383. as amended 17 by section 1232 of the Ike Skelton National Defense Au18 thorization Act for Fiscal Year 2011 (124 Stat. 3 4 5 SEC. TWO-YEAR EXTENSION OF CERTAIN REPORTS ON AFGHANISTAN. 124 Stat. 1227. 4395). † S 1867 ES . 13 14 (b) REPORT TAINING ON UNITED STATES PLAN FOR SUS- AFGHANISTAN NATIONAL SECURITY FORCES. 122 Stat. is further amended by striking 12 ‘‘2012’’ and inserting ‘‘2014’’. 2013’’. 390).

trans14 portation and personal security.000.—The President shall ensure that any letter 26 of offer for the sale to Iraq of any defense articles or de† S 1867 ES .571 1 2 3 4 SEC. 1228. and minor construction 15 and renovation of facilities. 16 (c) LIMITATION ON AMOUNT. (2) Operations and activities of security assistance teams in Iraq.000. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.—The operations and activi- 12 ties for which the Secretary may provide funds under the 13 authority in subsection (a) may include life support. 23 (e) COVERAGE OF OF COSTS OF OSCI OR IN CONNECTION 24 WITH SALES 25 DEFENSE ARTICLES DEFENSE SERV- ICES TO IRAQ.—Funds for purposes of sub- 20 section (a) for fiscal year 2012 shall be derived from 21 amounts available for that fiscal year for operation and 22 maintenance for the Air Force.—The total amount of 17 funds provided under the authority in subsection (a) in 18 fiscal year 2012 may not exceed $524.—The Secretary of Defense may sup- 5 port United States Government transition activities in 6 Iraq by providing funds for the following: 7 8 9 10 11 (1) Operations and activities of the Office of Security Cooperation in Iraq. (a) AUTHORITY. (b) TYPES OF SUPPORT. 19 (d) SOURCE OF FUNDS.

S. 2751 et seq.—Congress makes the following find- $300.000. consistent with the provisions of the 3 Arms Export Control Act (22 U.000. (2) Military operations in Afghanistan have cost United States taxpayers more than SEC. 8 9 10 11 12 13 14 ings: 15 16 17 18 19 20 21 22 23 24 (1) October 7.C. 1229.599 members of the United States Armed Forces have lost their lives in support of Operation Enduring Freedom in Afghanistan and more than 11. 2011.572 1 fense services issued after the date of the enactment of 2 this Act includes. 4 charges for administrative services sufficient to recover 5 the pro rata costs of operations and activities of the Office 6 of Security Cooperation in Iraq and associated security as7 sistance teams in Iraq in connection with such sale. 2011. (a) FINDINGS. † S 1867 ES .000 have been wounded.). 1. will mark the 10-year anniversary of the start of Operation Enduring Freedom in Afghanistan.000 to date. BENCHMARKS TO EVALUATE THE PROGRESS BEING MADE TOWARD THE TRANSITION OF SECURITY RESPONSIBILITIES FOR AFGHANISTAN TO THE GOVERNMENT OF AFGHANISTAN. (3) As of June 6.

President Barack Obama stated that the United States would begin the transfer of United States Armed Forces out of Afghanistan in July 2011 with the pace of reductions to be based upon conditions on the ground. at a speech at the United States Military Academy at West Point. and President Obama and President Karzai of Afghanistan committed to the process in a May 2010 joint statement. the international community expressed its support for the objective of President Karzai that the Afghani- † S 1867 ES . and defeat al Qaeda. The North Atlantic Treaty Organization (NATO) and foreign ministers of the constituent elements of the International Security Assistance Force (ISAF) endorsed the Joint Framework for Transition in April 2010. participants at the London Conference pledged to develop a plan for phased transition to Afghan security lead. 2009. New York. President Obama reaffirmed that the core goal of the United States strategy in Afghanistan is to disrupt. dismantle. (7) At the Kabul Conference in July 2010.573 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) On December 1. (5) In the December 2010 Afghanistan-Pakistan Annual Review. (6) In January 2010.

in support of the goal to disrupt. 2011.—The President shall devise 23 a plan based on inputs from military commanders. Secretary of Defense Robert Gates called the death of bin Laden a ‘‘game changer’’ in a speech on May 6. the diplomatic missions in the region.—The President shall 17 establish. leader of al Qaeda. 25 and appropriate members of the Cabinet. 2014. (b) BENCHMARKS REQUIRED. NATO 24 and Coalition allies. and may update from time to time.574 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 stan National Security Forces (ANSF) should lead and conduct all military operations in all provinces in Afghanistan by the end of 2014. a com18 prehensive set of benchmarks to evaluate progress being 19 made toward the objective of transitioning and transfer20 ring lead security responsibilities in Afghanistan to the 21 Government of Afghanistan by December 31. 22 (c) TRANSITION PLAN. along with the † S 1867 ES . dismantle. support that was later re-affirmed by North Atlantic Treaty Organization and International Security Assistance Force member nations at the Lisbon Summit in November 2010. (8) On May 1. 2011. and defeat al Qaeda. President Obama authorized a United States operation that killed Osama bin Laden. While the impact of his death on al Qaeda remains to be seen.

CERTIFICATION REQUIREMENT REGARDING EFFORTS BY GOVERNMENT OF PAKISTAN TO IMPLEMENT A STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES. (a) CERTIFICATION REQUIREMENT. for expediting the drawdown of 2 United States combat troops in Afghanistan and accel3 erating the transfer of security authority to Afghan au4 thorities. 385.—None of the amounts au- thorized to be appropriated under this Act for the Pakistan Counterinsurgency Fund or transferred to the Pakistan Counterinsurgency Fund from the Pakistan Counterinsurgency Capability Fund should be made available for the Government of Pakistan until the Secretary of Defense. certifies to the congressional † S 1867 ES . 122 Stat.— (1) IN GENERAL. 5 (d) SUBMITTAL TO CONGRESS. 1230. in consultation with the Secretary of State. 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC.575 1 consultation of Congress. 390).—The President shall 6 include the most current set of benchmarks established 7 pursuant to subsection (b) and the plan pursuant to sub8 section (c) with each report on progress toward security 9 and stability in Afghanistan that is submitted to Congress 10 under sections 1230 and 1231 of the National Defense 11 Authorization Act for Fiscal Year 2008 (Public Law 110– 12 181.

may waive the require18 ments of subsection (a) if the Secretary determines it is 19 in the national security interest of the United States to 20 do so. significant implementation efforts include attacking IED networks.—The Secretary of Defense. and accessories and their supply to legitimate end users. (b) WAIVER. in consulta- 17 tion with the Secretary of State. monitoring of known precursors used in IEDs. (2) SIGNIFICANT IMPLEMENTATION EF- FORTS. † S 1867 ES . and the development of a strict protocol for the manufacture of explosive materials. including calcium ammonium nitrate.—For purposes of this subsection.576 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the Government of Pakistan is demonstrating a continuing commitment to and is making significant efforts towards the implementation of a strategy to counter improvised explosive devices (IEDs).

† S 1867 ES .—Not later than 120 days after the 7 date of the enactment of this Act.—The report required under sub- 16 section (a) shall include the following elements: 17 18 19 20 21 22 23 24 25 26 (1) A description of the types of reimbursements requested by the Government of Pakistan. 15 (b) ELEMENTS. 1231. (3) The percentage and types of reimbursement requests made by the Government of Pakistan for which the United States Government has deferred or not provided payment. in the aggregate and by fiscal year. (2) The total amount reimbursed to the Government of Pakistan since the beginning of Operation Enduring Freedom. the Secretary of Defense 8 shall submit a report to the congressional defense commit9 tees and the Committee on Foreign Relations of the Sen10 ate and the Committee on Foreign Affairs of the House 11 of Representatives assessing the effectiveness of the Coali12 tion Support Fund reimbursements to the Government of 13 Pakistan for operations conducted in support of Operation 14 Enduring Freedom. REPORT ON COALITION SUPPORT FUND REIMBURSEMENTS TO THE GOVERNMENT OF PAKISTAN FOR OPERATIONS CONDUCTED IN SUPPORT OF OPERATION ENDURING FREEDOM. (a) IN GENERAL.577 1 2 3 4 5 6 SEC.

578 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (4) An assessment of the effectiveness of Coalition Support Fund reimbursements in supporting operations conducted by the Government of Pakistan in support of Operation Enduring Freedom and of the impact of those operations in containing the ability of terrorist organizations to threaten the stability of Afghanistan and Pakistan and to impede the operations of the United States in Afghanistan. 17 18 19 20 21 22 Subtitle C—Reports and Other Matters SEC. (a) REPORT REQUIRED. relative to potential alternatives to or termination of reimbursements from the Coalition Support Fund to the Government of Pakistan taking into account the transition plan for Afghanistan. 1241. if any. REPORT ON PROGRESS OF THE AFRICAN UNION IN OPERATIONALIZING THE AFRICAN STANDBY FORCE. but may contain 16 a classified annex. (5) Recommendations. (c) FORM.—Not later than 180 days 23 after the date of the enactment of this Act. the Under 24 Secretary of Defense for Policy shall submit to the Com25 mittees on Armed Services of the Senate and the House † S 1867 ES .—The report required under subsection (a) 15 shall be submitted in unclassified form.

information management. (4) An assessment of the capacity of the African Union to manage the African Standby Force. strategic planning. including the United Nations. including with respect to supply management. † S 1867 ES .579 1 of Representatives a report on the progress of the African 2 Union in operationalizing the African Standby Force. and other critical components.—The report required by subsection 4 (a) shall include the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) An assessment of the existing personnel strengths and capabilities of each of the five regional brigades of the African Standby Force and their brigade-level headquarters. (2) An assessment of the specific capacitybuilding needs of the African Standby Force. (3) A description of the functionality of the supply depots of each brigade referred to in paragraph (1). 3 (b) ELEMENTS. the European Union. (5) An assessment of inter-organizational coordination on assistance to the African Union and the African Standby Force between multilateral donors. and current information on existing stocks of each such brigade. and the North Atlantic Treaty Organization.

the geographic combatant commands. (3) A description of the objectives of the State Partnership Program and the manner in which objectives under the program are established and coordinated with the Office of the Secretary of Defense. (a) REPORT REQUIRED. (2) An analysis of the types and frequency of activities performed by participants in the State Partnership Program. SEC.580 1 2 3 4 5 6 7 8 (6) An assessment of the capacity of the African Union to absorb additional international assistance toward the development of a fully functional African Standby Force. United † S 1867 ES .—The report required by subsection 15 (a) shall include the following: 16 17 18 19 20 21 22 23 24 25 (1) A summary of the sources of funds for the State Partnership Program over the last five years.—Not later than March 31. 1242. the Comptroller General of the United States shall 10 submit to the Committee on Armed Services of the Senate 11 and the Committee on Armed Services of the House of 12 Representatives a report on the National Guard State 13 Partnership Program. 9 2012. 14 (b) ELEMENTS. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON THE NATIONAL GUARD STATE PARTNERSHIP PROGRAM.

and other departments and agencies of the United States Government. (4) A description of the manner in which the Department of Defense selects and designates particular State and foreign country partnerships under the State Partnership Program. the threat posed to United States citizens and citizens of allies of the United States by man-portable air-defense systems (MANPADS) that were in Libya as of March 19. † S 1867 ES . 2349bb–6). to the greatest extent feasible. 1243. MAN-PORTABLE AIR-DEFENSE SYSTEMS ORIGINATING FROM LIBYA. (6) An assessment by the Comptroller General of the United States of the effectiveness of the activities under the State Partnership Program in meeting the objectives of the program.S.—Pursuant to section 11 18 of the Department of State Authorities Act of 2006 (22 19 U.581 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 States Country Teams. (5) A description of the manner in which the Department measures the effectiveness of the activities under the State Partnership Program in meeting the objectives of the program. the following is the policy of the United 20 States: 21 22 23 24 25 (1) To reduce and mitigate.C. SEC. (a) STATEMENT OF POLICY. 2011.

—The Director of National In- telligence shall submit to the appropriate committees of Congress an assessment by the intelligence community that accounts for the disposition of. The assessment shall be submitted as soon as † S 1867 ES . the Government of Libya and governments of neighboring countries and other countries (as determined by the President) to secure. (b) INTELLIGENCE COMMUNITY ASSESSMENT ON 17 MANPADS IN LIBYA.582 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (2) To seek the cooperation of. transfer. remove. (3) To pursue. as a matter of priority. and to assist. 2011.— 18 19 20 21 22 23 24 25 (1) IN GENERAL. or eliminate stocks of man-portable air-defense systems described in paragraph (1) that pose a threat to United States citizens and citizens of allies of the United States. an agreement with the Government of Libya and governments of neighboring countries and other countries (as determined by the Secretary of State) to formalize cooperation with the United States to limit the availability. and the threat to United States citizens and citizens of allies of the United States posed by man-portable air-defense systems that were in Libya as of March 19. and proliferation of manportable air-defense systems described in paragraph (1).

583 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 practicable. or otherwise rendered unusable during Operation Unified Protector and since the end of Operation Unified Protector. disabled. (2) ELEMENTS. † S 1867 ES . that are currently in the secure custody of the Government of Libya. 2011. an ally of the United States.—The assessment submitted under this subsection shall include the following: (A) An estimate of the number of manportable air-defense systems that were in Libya as of March 19. that were destroyed. but not later than the end of the 45-day period beginning on the date of the enactment of this Act. (C) An estimate of the number of manportable air-defense systems in Libya as of March 19. or the United Nations. (B) An estimate of the number of manportable air-defense systems in Libya as of March 19. 2011. a member of the North Atlantic Treaty Organization (NATO). the United States. (D) An assessment of the number of manportable air-defense systems that is the difference between the number of man-portable air-defense systems in Libya as of March 19. 2011.

that are known or believed to have custody of any man-portable air-defense systems that were in the custody of the Government of Libya as of March 19. (F) A list of any organizations designated as terrorist organizations by the Department of State. (E) An assessment of the number of manportable air-defense systems that are currently in the custody of militias in Libya. on the price and availability of man-portable air- † S 1867 ES . and the current disposition and locations of such man-portable air-defense systems. (H) An assessment of the effect of the proliferation of man-portable air-defense systems that were in Libya as of March 19. 2011. (G) An assessment of the threat posed to United States citizens and citizens of allies of the United States from unsecured man-portable air-defense systems (as defined in section 11 of the Department of State Authorities Act of 2006) originating from Libya.584 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2011. or affiliate organizations or members of such organizations. 2011. and the cumulative number of man-portable air-defense systems accounted for under subparagraphs (B) and (C).

the Director determines that the assessment required by that paragraph cannot be submitted by the end of that period as required by that paragraph. pursuant to section 11 of the Department of State Authorities Act of 2006.— 17 18 19 20 21 22 23 24 25 (1) STRATEGY REQUIRED.585 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 defense systems that are on the global arms market. the Director shall (before the end of that period) submit to the appropriate committees of Congress a report setting forth— (A) the reasons why the assessment cannot be submitted by the end of that period. (c) COMPREHENSIVE STRATEGY ON THREAT OF 16 MANPADS ORIGINATING FROM LIBYA. and from time to time update.—If. (3) NOTICE REGARDING DELAY IN SUB- MITTAL. (2) REPORT REQUIRED. to reduce and mitigate the threat posed to United States citizens and citizens of allies of the United States from man-portable air-defense systems that were in Libya as of March 19.—The President shall develop and implement. before the end of the 45-day period specified in paragraph (1).— † S 1867 ES . 2011. and (B) an estimated date for the submittal of the assessment. a comprehensive strategy.

Chad. the President shall submit to the appropriate committees of Congress a report setting forth the strategy required by paragraph (1).586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) IN GENERAL. (B) ELEMENTS.—Not later than 45 days after the assessment required by subsection (b) is submitted to the appropriate committees of Congress. and any other country or entity (as determined by the President) to reduce the threat posed to United States citizens and citizens of allies of the United States from man-portable air-defense systems that were in Libya as of March 19. Egypt. and neighboring countries to— † S 1867 ES . 2011. (ii) A timeline for future efforts by the United States. the North Atlantic Treaty Organization. Libya.—The report required by this paragraph shall include the following: (i) An assessment of the effectiveness of efforts undertaken to date by the United States. Niger. Mali. Mauritania. Libya. Morocco. Algeria. the United Nations. Tunisia.

including an assessment of the feasibility of using aircraft-based anti-missile systems to protect United States passenger jets. remove. (v) Recommendations for the most effective policy measures that can be taken to reduce and mitigate the threat posed to † S 1867 ES .587 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (I) secure. (II) counter proliferation of manportable air-defense systems originating from Libya that are in the region. (iv) A description of technologies currently available to reduce the susceptibility and vulnerability of civilian aircraft to man-portable air-defense systems. (iii) A description of any additional funding required to address the threat of man-portable air-defense systems originating from Libya. non-state actors. and (III) disrupt the ability of terrorists. and state sponsors of terrorism to acquire such manportable air-defense systems. or disable any man-portable air-defense systems that remain in Libya.

—Not later than 90 25 days after the date of the enactment of this Act. (a) PLAN FOR NORMALIZATION. the Presi- † S 1867 ES . (C) FORM. the term ‘‘appropriate commit- 14 tees of Congress’’ means— 15 16 17 18 19 20 21 22 23 24 (1) the Committee on Armed Services. the Committee on Foreign Affairs. and (2) the Committee on Armed Services. and the Permanent Select Committee on Intelligence of the House of Representatives. DEFENSE COOPERATION WITH REPUBLIC OF GEORGIA. but may include a classified annex. (vi) Such recommendations for legislative or administrative action as the President considers appropriate to implement the strategy required by paragraph (1).—The report required by this paragraph shall be submitted in unclassified form.588 1 2 3 4 5 6 7 8 9 10 11 12 13 United States citizens and citizens of allies of the United States from man-portable air-defense systems that were in Libya as of March 19. 1244. 2011. SEC. the Committee on Foreign Relations.—In OF CONGRESS DE- this section. (d) APPROPRIATE COMMITTEES FINED. and the Select Committee on Intelligence of the Senate.

consistent with the continuing commitment of the Government of the Republic of Georgia to its nonuse-of-force pledge and consistent with Article 51 of the Charter of the United Nations. (2) To support the Government of the Republic of Georgia in providing for the defense of its government.—The plan required under sub- 8 section (a) shall address the following objectives: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) To establish a normalized defense cooperation relationship between the United States and the Republic of Georgia. and sovereign territory. people. taking into consideration the progress of the Government of the Republic of Georgia on democratic and economic reforms and the capacity of the Georgian armed forces. including the sale of defensive arms. (3) To provide for the sale by the United States of defense articles and services in support of the efforts of the Government of the Republic of Georgia † S 1867 ES .589 1 dent shall develop and submit to the congressional defense 2 committees and the Committee on Foreign Relations of 3 the Senate and the Committee on Foreign Affairs of the 4 House of Representatives a plan for the normalization of 5 United States defense cooperation with the Republic of 6 Georgia. 7 (b) OBJECTIVES.

(2) A description of each of the requests by the Government of the Republic of Georgia for purchase of defense articles and services during the two-year period ending on the date of the report. (5) To encourage NATO member and candidate countries to restore and enhance their sales of defensive articles and services to the Republic of Georgia as part of a broader NATO effort to deepen its defense relationship and cooperation with the Republic of Georgia.590 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 to provide for its own self-defense consistent with paragraphs (1) and (2). which shall be prepared by the Department of Defense.—The plan required 16 under subsection (a) shall include the following informa17 tion: 18 19 20 21 22 23 24 25 (1) A needs-based assessment. † S 1867 ES . (c) INCLUDED INFORMATION. or an update to an existing needs-based assessment. of the defense requirements of the Republic of Georgia. (4) To continue to enhance the ability of the Government of the Republic of Georgia to participate in coalition operations and meet NATO partnership goals. (6) To ensure maximum transparency in the United States-Georgia defense relationship.

2011. the Financial Crimes Enforcement Network of the Department of the Treasury wrote. 12 13 14 15 ings: 16 17 18 19 20 21 22 23 24 25 (1) On November 21. but may contain 11 a classified annex. (a) FINDINGS. (4) A description of the action taken on any defensive arms sale request by the Government of the Republic of Georgia and an explanation for such action. that identified Iran as a jurisdiction of primary money laundering concern.—The plan required under subsection (a) 10 shall be submitted in unclassified form.591 1 2 3 4 5 6 7 8 9 (3) A summary of the defense needs asserted by the Government of the Republic of Georgia as justification for its requests for defensive arms purchases. which regulates Iranian banks.—Congress makes the following find- † S 1867 ES . the Secretary of the Treasury issued a finding under section 5318A of title 31. (2) In that finding. has assisted designated Iranian banks by transferring billions of dollars to these SEC. IMPOSITION OF SANCTIONS WITH RESPECT TO THE FINANCIAL SECTOR OF IRAN. (d) FORM. United States Code. ‘‘The Central Bank of Iran. 1245.

the CBI attempted to evade sanctions by minimizing the direct involvement of large international banks with both CBI and designated Iranian banks. and efforts to deceive respon24 sible financial institutions and evade sanctions.592 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 banks in 2011.’’. EDBI and Melli. (3) On November 22. wrote. ‘‘Treasury is calling out the entire Iranian banking sector. United States Code. (b) DESIGNATION AS OF OF FINANCIAL SECTOR OF IRAN PRIMARY MONEY LAUNDERING CONCERN. the CBI transferred several billion dollars to designated banks.’’. 18 is designated as of primary money laundering concern for 19 purposes of section 5318A of title 31. the Under Secretary of the Treasury for Terrorism and Financial Intelligence.—The fi- 17 nancial sector of Iran. Mellat. † S 1867 ES . as posing terrorist financing. David Cohen. including the Central Bank of Iran. and money laundering risks for the global financial system. including its pursuit of nuclear weapons. support 23 for international terrorism. 20 because of the threat to government and financial institu21 tions resulting from the illicit activities of the Government 22 of Iran. 2011. In making these transfers. In mid-2011. through a variety of payment schemes. proliferation financing. including Saderat. including the Central Bank of Iran.

1701 et seq.— (1) IN GENERAL.C. the President— (A) shall prohibit the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions † S 1867 ES . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE (d) IMPOSITION CENTRAL BANK OF OF SANCTIONS WITH RESPECT IRAN AND TO OTHER IRANIAN FI- NANCIAL INSTITUTIONS. or are or come within the possession or control 9 of a United States person. block and prohibit all transactions 5 in all property and interests in property of an Iranian fi6 nancial institution if such property and interests in prop7 erty are in the United States. pursuant to the 3 International Emergency Economic Powers Act (50 4 U.—Except as specifically pro- vided in this subsection.—The President shall. come within the United 8 States.). beginning on the date that is 60 days after the date of the enactment of this Act.S.593 1 (c) FREEZING OF ASSETS OF IRANIAN FINANCIAL 2 INSTITUTIONS.

1701 et seq.C.—Except as provided in paragraph (4).C. AND MEDICAL DEVICES. sanctions imposed under paragraph (1)(A) shall apply with respect to a foreign financial institution owned or controlled by the government of a foreign country.S. MEDI- CINE. and (B) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U. (3) APPLICABILITY OF SANCTIONS WITH RE- SPECT TO FOREIGN CENTRAL BANKS. 1701 et seq. medicine.S.594 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pursuant to the International Emergency Economic Powers Act (50 U. (2) EXCEPTION FOR SALES OF FOOD. or medical devices to Iran.—The President may not impose sanctions under paragraph (1) with respect to any person for conducting or facilitating a transaction for the sale of food.) with respect to the Central Bank of Iran. † S 1867 ES . including a central bank of a foreign country.). only insofar as it engages in a financial transaction for the sale or purchase of petroleum or petroleum products to or from Iran conducted or facilitated on or after that date that is 180 days after the date of the enactment of this Act.

the President shall make a determination. in consultation with the Secretary of the Treasury. and every 180 days thereafter.—Not later than 60 days after the date of the enactment of this Act. sanctions im- † S 1867 ES .— (A) REPORT REQUIRED. shall submit to Congress a report on the availability and price of petroleum and petroleum products produced in countries other than Iran in the 60-day period preceding the submission of the report.—Except as provided in subparagraph (D). of whether the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly in volume their purchases from Iran.595 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) APPLICABILITY OF SANCTIONS WITH RE- SPECT TO PETROLEUM TRANSACTIONS. and every 60 days thereafter. (C) APPLICATION OF SANCTIONS. (B) DETERMINATION REQUIRED. based on the reports required by subparagraph (A).—Not later than 90 days after the date of the enactment of the Act. the Administrator of the Energy Information Administration.

(D) EXCEPTION. and every 180 days thereafter. not later than 90 days after the date on which the President makes the determination required by subparagraph (B).596 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 posed under paragraph (1)(A) shall apply with respect to a financial transaction conducted or facilitated by a foreign financial institution on or after the date that is 180 days after the date of the enactment of this Act for the purchase of petroleum or petroleum products from Iran if the President determines pursuant to subparagraph (B) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions. that the country with primary jurisdiction over the foreign financial institution has significantly reduced its volume of crude oil purchases from Iran during the period beginning on the date on which the President sub- † S 1867 ES .—Sanctions imposed pursuant to paragraph (1) shall not apply with respect to a foreign financial institution if the President determines and reports to Congress.

—The President shall— (A) carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran— (i) to limit the use by Iran of revenue from purchases of oil to purchases of nonluxury consumers goods from the country purchasing the oil.597 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mitted the last report with respect to the country under this subparagraph. and may renew that waiver for additional periods of not more than 120 days. and (B) submits to Congress a report— (i) providing a justification for the waiver. and † S 1867 ES . (5) WAIVER.—The President may waive the imposition of sanctions under paragraph (1) for a period of not more than 120 days. and (ii) that includes any concrete cooperation the President has received or expects to receive as a result of the waiver.— (1) IN GENERAL. (e) MULTILATERAL DIPLOMACY INITIATIVE. if the President— (A) determines that such a waiver is vital to the national security of the United States.

or (dd) on a control list of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies.598 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (ii) to prohibit purchases by Iran of— (I) military or dual-use technology. Production. or † S 1867 ES . done at Paris January 13. (bb) in the Annex on Chemicals to the Convention on the Prohibition of the Development. 1993. including items— (aa) in the Annex to the to the Missile Technology Control Regime Guidelines. (cc) in Part 1 or 2 of the Nuclear Suppliers Group Guidelines. and entered into force April 29. Stockpiling and Use of Chemical Weapons and on their Destruction. 1997 (commonly known as the ‘‘Chemical Weapons Convention’’).

nuclear. 22 23 24 25 (g) DEFINITIONS. the President shall submit to Congress a report on the efforts of the President to carry out the initiative described in paragraph (1)(A) and conduct the outreach described in paragraph (1)(B) and the results of those efforts. (f) FORM OF REPORTS.599 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (II) any other item that could contribute to Iran’s conventional.—Not later than 180 days after the date of the enactment of this Act.—In this section: (1) ACCOUNT. ‘‘correspondent account’’. and (B) conduct outreach to petroleum-producing countries to encourage those countries to increase their output of crude oil to ensure there is a sufficient supply of crude oil from countries other than Iran and to minimize any impact on the price of oil resulting from the imposition of sanctions under this section. chemical or biological weapons program. and every 180 days thereafter. (2) REPORT REQUIRED. PAY- ABLE-THROUGH ACCOUNT. 21 but may contain a classified annex. CORRESPONDENT ACCOUNT.—The terms ‘‘account’’. and ‘‘payable-through ac- † S 1867 ES .—Each report submitted 20 under this section shall be submitted in unclassified form.

C. Accountability.—For purposes of section 301 and 25 other provisions of this Act.S.600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 count’’ have the meanings given those terms in section 5318A of title 31. United States Code.—The term ‘‘United States person’’ means— (A) a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U. 1101(a)). 1301. (3) UNITED STATES PERSON.C. Cooperative Threat Reduction † S 1867 ES . TITLE XIII—COOPERATIVE THREAT REDUCTION SEC. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS. and (B) an entity that is organized under the laws of the United States or jurisdiction within the United States. (a) SPECIFICATION DUCTION OF COOPERATIVE THREAT RE- PROGRAMS.S. 8513(i)). and Divestment Act of 2010 (22 U. (2) FOREIGN FINANCIAL INSTITUTION.—The term ‘‘foreign financial institution’’ has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions.

2632 note).—Of the 19 $508.000. 11 (c) AVAILABILITY OF FUNDS. 1302. and 16 2014.—As used in this title. $63.221. 4 5 (b) FISCAL YEAR 2012 COOPERATIVE THREAT REDUCTION FUNDS DEFINED. 2013. the following 23 amounts may be obligated for the purposes specified: 24 25 (1) For strategic offensive arms elimination.—Funds appropriated 12 pursuant to the authorization of appropriations in section 13 301 and made available by the funding table in section 14 4301 for Cooperative Threat Reduction programs shall be 15 available for obligation for fiscal years 2012. (a) FUNDING FOR SPECIFIC PURPOSES. FUNDING ALLOCATIONS.219.S. † S 1867 ES .C. the 6 term ‘‘fiscal year 2012 Cooperative Threat Reduction 7 funds’’ means the funds appropriated pursuant to the au8 thorization of appropriations in section 301 and made 9 available by the funding table in section 4301 for Coopera10 tive Threat Reduction programs.601 1 programs are the programs specified in section 1501 of 2 the National Defense Authorization Act for Fiscal Year 3 1997 (50 U. 17 18 SEC.000 authorized to be appropriated to the De20 partment of Defense for fiscal year 2012 in section 301 21 and made available by the funding table in section 4301 22 for Cooperative Threat Reduction programs.

(b) REPORT FOR ON OBLIGATION OR EXPENDITURE OF 12 FUNDS OTHER PURPOSES. (5) For proliferation prevention. $259.500. $24.000. † S 1867 ES . (3) For global nuclear security. (7) For other assessments/administrative support.143.000.602 1 2 3 4 5 6 7 8 9 10 11 (2) For chemical weapons destruction.000. $9. (4) For cooperative biological engagement. $28. $121.000.080.470.—No fiscal year 2012 Co- 13 operative Threat Reduction funds may be obligated or ex14 pended for a purpose other than a purpose listed in para15 graphs (1) through (7) of subsection (a) until 15 days 16 after the date that the Secretary of Defense submits to 17 Congress a report on the purpose for which the funds will 18 be obligated or expended and the amount of funds to be 19 obligated or expended. (6) For threat reduction engagement. $2.001.000.000.804. Nothing in the preceding sentence 20 shall be construed as authorizing the obligation or expend21 iture of fiscal year 2012 Cooperative Threat Reduction 22 funds for a purpose for which the obligation or expendi23 ture of such funds is specifically prohibited under this title 24 or any other provision of law.

—An obliga- tion of funds for a purpose stated in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after— (A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so.—Subject to paragraph (2).— 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) IN GENERAL. † S 1867 ES . in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest.603 1 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL 2 AMOUNTS. the Secretary may obligate amounts appropriated for fiscal year 2012 for a purpose listed in paragraphs (1) through (7) of subsection (a) in excess of the specific amount authorized for that purpose. (2) NOTICE-AND-WAIT REQUIRED. and (B) 15 days have elapsed following the date of the notification.

000 of the fiscal year 2012 Co- 6 operative Threat Reduction funds may be obligated or ex7 pended to establish a center of excellence in a country that 8 is not a state of the former Soviet Union until the date 9 that is 15 days after the date on which the Secretary of 10 Defense submits to the congressional defense committees 11 a report that includes the following: 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) An identification of the country in which the center will be located.604 1 2 3 4 5 SEC. (2) A description of the purpose for which the center will be established. Not more than $500. † S 1867 ES . including— (A) the amount of funds to be provided by the government of the country in which the center will be located. (4) A funding plan for the center. (3) The agreement under which the center will operate. and (B) the percentage of the total cost of establishing and operating the center the funds described in subparagraph (A) will cover. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION. 1303.

1402.—Funds 22 are hereby authorized to be appropriated for the Depart23 ment of Defense for fiscal year 2012 for expenses. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION. 1403. Funds are hereby authorized to be appropriated for 6 fiscal year 2012 for the use of the Armed Forces and other 7 activities and agencies of the Department of Defense for 8 providing capital for working capital and revolving funds. DEFENSE HEALTH PROGRAM. (a) AUTHORIZATION OF APPROPRIATIONS. 9 as specified in the funding table in section 4401. NATIONAL DEFENSE SEALIFT FUND. 13 as specified in the funding table in section 4401. 1401. 14 15 SEC. Funds are hereby authorized to be appropriated for 12 fiscal year 2012 for the National Defense Sealift Fund. 1404. for the Defense Health 18 Program. 19 20 21 SEC. not oth24 erwise provided for.605 1 2 3 4 5 TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs SEC. 10 11 SEC. DEFENSE. Funds are hereby authorized to be appropriated for 16 the Department of Defense for fiscal year 2012 for ex17 penses. as specified in the funding table in section 4401. for Chemical Agents and Munitions † S 1867 ES . not otherwise provided for. WORKING CAPITAL FUNDS.

for the Office of the 23 Inspector General of the Department of Defense. for Drug Interdiction 17 and Counter-Drug Activities. Defense. not otherwise provided for. † S 1867 ES . Defense-wide.S.C. 1521). as speci24 fied in the funding table in section 4401. Funds are hereby authorized to be appropriated for 15 the Department of Defense for fiscal year 2012 for ex16 penses. 19 20 SEC. 1986 (50 U.—Amounts authorized to be appropriated 4 under subsection (a) are authorized for— 5 6 7 8 9 10 11 12 13 14 (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act. SEC. not otherwise provided for. 1406. 3 (b) USE.606 1 Destruction. and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. as specified in the funding table in 2 section 4401. DEFENSE INSPECTOR GENERAL. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES. as specified in 18 the funding table in section 4401. 1405. Funds are hereby authorized to be appropriated for 21 the Department of Defense for fiscal year 2012 for ex22 penses. DEFENSE-WIDE.

1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.320 of the funds in the Na8 tional Defense Stockpile Transaction Fund established 9 under subsection (a) of section 9 of the Strategic and Crit10 ical Materials Stock Piling Act (50 U. † S 1867 ES .—The authorities provided by this 24 section shall be subject to such limitations as may be pro25 vided in appropriations Acts. 98h) for the 11 authorized uses of such funds under subsection (b)(2) of 12 such section. The National Defense Stockpile Manager may 20 make the additional obligations described in the notifica21 tion after the end of the 45-day period beginning on the 22 date on which Congress receives the notification. the National Defense Stockpile Manager 7 may obligate up to $50. (a) OBLIGATION OF STOCKPILE FUNDS.—The National De- 15 fense Stockpile Manager may obligate amounts in excess 16 of the amount specified in subsection (a) if the National 17 Defense Stockpile Manager notifies Congress that extraor18 dinary or emergency conditions necessitate the additional 19 obligations.—During fis- 6 cal year 2012. 14 (b) ADDITIONAL OBLIGATIONS.C. including the disposal of hazardous materials 13 that are environmentally sensitive.607 1 2 3 4 5 Subtitle B—National Defense Stockpile SEC.S. 23 (c) LIMITATIONS.107.

700.000 by 10 the end of fiscal year 2013’’ in paragraph (5) and insert11 ing ‘‘$830. Section 3402(b) of the National Defense Authoriza- 5 tion Act for Fiscal Year 2000 (Public Law 106–65.608 1 2 3 4 SEC. or a repeal of. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.S. 50 6 U. is further amended by striking ‘‘$730. a section or other † S 1867 ES . whenever in 25 this part an amendment or repeal is expressed in terms 26 of an amendment to. 124 Stat.000 for the operation of 19 the Armed Forces Retirement Home. AUTHORIZATION OF APPROPRIATIONS. 1412. Except as otherwise expressly provided. 9 4412). 20 21 22 23 24 PART II—ARMED FORCES RETIREMENT HOME AUTHORITIES SEC. 1422.000 by the end of fiscal year 2016’’. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT OF 1991. 98d note). 1421. 12 13 14 15 16 Subtitle C—Armed Forces Retirement Home PART I—AUTHORIZATION OF APPROPRIATIONS SEC. There is hereby authorized to be appropriated for fis- 17 cal year 2012 from the Armed Forces Retirement Home 18 Trust Fund the sum of $67.000.C.000. as most recently amended by section 7 1412 of the Ike Skelton National Defense Authorization 8 Act for Fiscal Year 2011 (Public Law 111–383.

and (2) by adding at the end the following new paragraph: ‘‘(2)(A) If the Chief Operating Officer secures ac- 14 creditation for a facility of the Retirement Home (or for 15 any aspect of a facility of the Retirement Home) that is 16 effective for a period of more than one year.S.—Section 1511(g) (24 U. 401 et seq. 24 U. the reference shall be considered to be made to 2 a section or other provision of the Armed Forces Retire3 ment Home Act of 1991 (title XV of Public Law 101– 4 510. for each year 17 after the first year for which such accreditation is in ef18 fect.609 1 provision. ANNUAL VALIDATION OF MULTIYEAR ACCREDITATION. the Chief Operating Officer shall seek to obtain.C. 1423.C. (a) IN GENERAL. 8 411(g)) is amended— 9 10 11 12 13 (1) by inserting ‘‘(1)’’ before ‘‘The Chief Operating Officer shall’’. The requirement in the preceding 21 sentence shall not apply with respect to a facility of the 22 Retirement Home for any year for which the Inspector 23 General of the Department of Defense conducts an inspec24 tion of that facility under section 1518(b).). 5 6 7 SEC.S. † S 1867 ES . from 19 the organization that awarded the accreditation. a valida20 tion of the accreditation.

and (2) by striking paragraphs (4) and (5).610 1 ‘‘(B) In carrying out subparagraph (A) with respect 2 to validation of an accreditation.—Section OF AFRH ADVISORY COUN- 1516 (24 U. REPLACEMENT OF LOCAL BOARDS OF TRUSTEES FOR EACH FACILITY WITH SINGLE ADVISORY COUNCIL. 413a(c)) is amended— (1) in paragraph (3)— (A) by striking ‘‘and inspect’’ after ‘‘Periodically visit’’.C. and records audits to make sure appropriate follow-up has been made’’.—The heading of 7 such section is amended by inserting ‘‘AND ANNUAL VALI8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATION’’ after ‘‘ACCREDITATION’’.C. Section 1513A(c) (24 U. SEC. 6 (b) CONFORMING AMENDMENT. (a) ESTABLISHMENT CIL. the Chief Operating Offi3 cer may substitute another nationally recognized civilian 4 accrediting organization if the organization that awarded 5 the accreditation is not available. 416) is amended to read 25 as follows: † S 1867 ES . 1425. 1424. CLARIFICATION OF DUTIES OF SENIOR MEDICAL ADVISOR.S. SEC. and (B) by inserting before the period the following: ‘‘and review medical reports.S. inspections.’’.

TERMS OF SERVICE. Members of the Advisory Council shall 12 be designated by the Secretary of Defense. ADVISORY COUNCIL. to be known as the ‘Armed 4 Forces Retirement Home Advisory Council’. 17 ‘‘(2)(A) Except as provided in subparagraphs (B) 18 and (C). a person may continue to serve as a member of 23 the Advisory Council after the expiration of the member’s 24 term until a successor is designated. 21 ‘‘(B) Unless earlier terminated by the Secretary of 22 Defense. 9 each of whom shall be a full or part-time Federal employee 10 and at least one of whom shall be from the Department 11 of Veterans Affairs.611 1 2 ‘‘SEC. 25 ‘‘(C) The Secretary of Defense may terminate the ap- 26 pointment of a member of the Advisory Council before the † S 1867 ES . except that a 13 member who is an employee of a department or agency 14 outside of the Department of Defense shall be designated 15 by the head of such department or agency in consultation 16 with the Secretary of Defense. A member may be designated 20 to serve one additional term. 7 ‘‘(b) COMPOSITION. The Advisory 5 Council shall serve the interests of both facilities of the 6 Retirement Home. 1516.—(1) The 8 Advisory Council shall consist of at least 11 members. the term of service of a member of the Advisory 19 Council shall be two years.—The Retirement Home shall 3 have an Advisory Council. ‘‘(a) ESTABLISHMENT.

S.C.’’.—Paragraph (2) of section 1502 (24 U. the Advisory Council 18 shall provide for participation in its activities by a rep19 resentative of the resident advisory committee of each fa20 cility of the Retirement Home. advice.612 1 expiration of the member’s term for any reason that the 2 Secretary determines appropriate. 17 ‘‘(3) In carrying out its duties. the Advisory Coun- 12 cil shall submit to the Secretary of Defense a report sum13 marizing its activities during the preceding year and pro14 viding such observations and recommendations with re15 spect to the Retirement Home as the Advisory Council 16 considers appropriate. 401) is amended to read as follows: † S 1867 ES . 3 ‘‘(3) The Secretary of Defense shall designate one 4 member of the Advisory Council to serve as the chair of 5 the Advisory Council. and rec9 ommendations regarding the Retirement Home as the Ad10 visory Council considers appropriate.—(1) The Advisory Council shall pro- 7 vide to the Chief Operating Officer and the Administrator 8 of each facility such observations. 6 ‘‘(c) DUTIES. 11 ‘‘(2) Not less often than annually.— (1) DEFINITION. 21 22 23 (b) CONFORMING AMENDMENTS.

418) is amended by striking ‘‘Local Board for the facility’’ each place it appears and inserting ‘‘Advisory Council’’. and the Advisory Council’’. 413a(b)) is amended— (A) in paragraph (1). (4) INSPECTION OF RETIREMENT HOME.C. including the Local Boards of those facilities’’. 415(c)(2)) is amended by striking ‘‘.—Section 1513A(b) (24 U.—Section OF CHIEF OPERATING 1515(c)(2) (24 U. and (B) in paragraph (2).613 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ‘‘(2) The term ‘Advisory Council’ means the Armed Forces Retirement Home Advisory Council established by section 1516.C.’’.’’. by striking ‘‘and the Chief Operating Officer’’ and inserting ‘‘. † S 1867 ES . (2) RESPONSIBILITIES AND DUTIES OF SENIOR MEDICAL ADVISOR. by striking ‘‘to the Local Board’’ and all that follows and inserting ‘‘to the Advisory Council regarding all medical and medical administrative matters of each facility of the Retirement Home. the Chief Operating Officer.S.S.S.—Sec- tion 1518 (24 U.C. (3) RESPONSIBILITIES OFFICER.

(3) by striking subsections (d) and (e) and redesignating subsections (f). (2) in subsections (b) and (c). 1426. and (g).C.—Section 1517 (24 U. ADMINISTRATORS AND OMBUDSMEN OF FACILITIES. (f). (4) in subsection (d). (e). a Deputy Director. respectively.614 1 2 3 4 SEC.S. 417) is amend- 5 ed— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) in subsection (a). † S 1867 ES . (5) in subsection (e). by striking ‘‘a Director. as so redesignated. (a) LEADERSHIP MENT OF FACILITIES OF THE RETIRE- HOME. and (i) as subsections (d). (h). (B) by striking ‘‘Director and Deputy Director’’ and inserting ‘‘Administrator’’. as so redesignated— (A) by striking ‘‘Associate Director’’ and inserting ‘‘Ombudsman’’. by striking ‘‘Associate Director’’ each place it appears and inserting ‘‘Ombudsman’’. and (C) by striking ‘‘Director may’’ and inserting ‘‘Administrator may’’. (g). and an Associate Director’’ and inserting ‘‘an Administrator and an Ombudsman’’. by striking ‘‘Director’’ each place it appears and inserting ‘‘Administrator’’.

615 1 2 3 4 5 6 7 8 9 (6) in subsection (f). by striking ‘‘a Director’’ and inserting ‘‘an Administrator’’. by striking ‘‘Directors’’ and inserting ‘‘Administrators’’. (b) CLERICAL AMENDMENTS. 1518(c). as so redesignated— (A) in paragraph (1). 1512(c). and (B) in paragraph (2). 1514(a). as so redesignated. and (3) in the heading of subsection (g). 1518(b)(4). by striking ‘‘ASSOCIATE DIRECTOR’’ and inserting ‘‘OMBUDSMAN’’. as so redesignated. (c) CONFORMING AMENDMENTS. by striking ‘‘DIRECTOR’’ and inserting ‘‘ADMINISTRATOR’’.—Such section is fur- 10 ther amended— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in the headings of subsections (b) and (c).— (1) The following provisions are amended by striking ‘‘Director’’ each place it appears and inserting ‘‘Administrator’’: sections 1511(d)(2). (2) in the headings of subsection (d) and (e). 1518(d)(2). and (7) in subsection (g). † S 1867 ES . by striking ‘‘Director’’ each place it appears and inserting ‘‘Administrator’’. 1520. by striking ‘‘DIRECTORS’’ and inserting ‘‘ADMINISTRATORS’’. as redesignated by subsection (a)(3).

SEC.C. (ii) by striking ‘‘of that facility’’ and inserting ‘‘of each facility of the Retirement Home’’. (2) in subsection (c)— (A) by striking paragraph (2). 414(b). and 1523(b) (24 U.S. 411(d)(2). 1522.’’.C. 418(c). Section 1518 (24 U. 422. 423(b)). 412(c).’’ after ‘‘assisted living. by striking ‘‘or coun- † S 1867 ES . and (iv) by striking ‘‘or council’’.S.S. 420(c)) are amended by striking ‘‘Directors’’ and inserting ‘‘Administrators’’.C.’’ and inserting ‘‘Not less often than every three years. INSPECTION REQUIREMENTS.’’. (iii) by inserting ‘‘long-term care. 414(a). 1427. 418) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking ‘‘In any year in which a facility of the Retirement Home is not inspected by a nationally recognized civilian accrediting organization. 420. and (B) in paragraph (3). 418(d)(2).616 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cil’’. (2) Sections 1514(b) and 1520(c) (24 U.

Part B. as so designated. as so designated— (i) by striking ‘‘45 days’’ and inserting ‘‘90 days’’. and (3) in subsection (e)(1)— (A) by striking ‘‘45 days’’ and inserting ‘‘60 days’’. and (C) by striking ‘‘.’’. REPEAL OF OBSOLETE PROVISIONS. and (ii) by adding at the end the following new sentence: ‘‘The report shall include the plan of the Chief Operating Officer to address the recommendations and other matters set forth in the report. SEC. the Chief Operating Officer. two ems from the left margin.617 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (B) by designating the second sentence as a new paragraph (2) and indenting such paragraph. relating to transitional provisions for the 24 Armed Forces Retirement Home Board and the Directors † S 1867 ES . (B) by striking ‘‘Director of the facility concerned’’ and inserting ‘‘Chief Operating Officer’’.’’ after ‘‘Secretary of Defense’’. and (C) in such paragraph (2). 1428.

419(a)(2)) is amended by striking ‘‘Retirement Home Board’’ and inserting ‘‘Chief Operating Officer’’.’’. SERVICES PROVIDED TO RESIDENTS.618 1 and Deputy Directors of the facilities of the Armed Forces 2 Retirement Home. (2) TITLE 10. AND CLERICAL AMENDMENTS. is amended by striking ‘‘Armed Forces Retirement Home Board’’ and inserting ‘‘Chief Operating Officer of the Armed Forces Retirement Home’’. TECHNICAL. USC. TABLE OF CONTENTS.’’. 1513.— (1) ARMED Section 1519(a)(2) (24 U.S. (3) SECTION 1513A.—The heading of section 1513A is amended to read as follows: † S 1867 ES .— (1) SECTION 1501. SHORT TITLE. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SEC. (2) SECTION 1513.—Section 2772(b) of title 10. CONFORMING. (b) SECTION HEADINGS.—The heading of section 1501 is amended to read as follows: ‘‘SEC.—The heading of section 1513 is amended to read as follows: ‘‘SEC. 1429. United States Code.— FORCES RETIREMENT HOME ACT. 1501.C. (a) CORRECTION OF OBSOLETE REFERENCES TO RETIREMENT HOME BOARD. is repealed.

(5) SECTION 1518. 1517.’’.—The heading of section 1517 is amended to read as follows: ‘‘SEC. 1513. ‘‘Sec.’’.619 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ‘‘SEC.’’. ADMINISTRATORS. † S 1867 ES . (c) PART A HEADER. OMBUDSMEN. (6) PUNCTUATION. (2) by striking the items relating to sections 1513 and 1513A and inserting the following new items: ‘‘Sec.—The heading for part A is re- 17 pealed. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS. AND STAFF OF FACILITIES. 1513A. 1513A. Oversight of health care provided to residents.—The headings of sections 1512 and 1520 are each amended by adding a period at the end. 18 (d) TABLE OF CONTENTS. Services provided to residents.—The table of contents in 19 section 1501(b) is amended— 20 21 22 23 24 (1) by striking the item relating to the heading for part A. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES BY DEPARTMENT OF DEFENSE INSPECTOR GENERAL AND OUTSIDE INSPECTORS.—The heading of section 1518 is amended to read as follows: ‘‘SEC. (4) SECTION 1517.’’.

and 1518 and inserting the following new items: ‘‘Sec. ILLINOIS. LOVELL HEALTH CARE CENTER. 1517. ‘‘Sec. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE–DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A. 123 Stat. 1431. any funds so transferred shall be † S 1867 ES . Periodic inspection of Retirement Home facilities by Department of Defense Inspector General and outside inspectors. and 4 5 6 7 8 9 10 11 12 13 (4) by striking the items relating to part B (including the items relating to sections 1531. 1518. Ombudsmen. 1516. Subtitle D—Other Matters SEC. 2571). Administrators. and staff of facilities. and 1533). ‘‘Sec. (a) AUTHORITY FOR TRANSFER OF FUNDS. 1517. Advisory Council.620 1 2 3 (3) by striking the items relating to sections 1516.—Funds 14 authorized to be appropriated by section 1403 and avail15 able for Defense Health Program for operation and main16 tenance as specified in the funding table in section 4401 17 may be transferred by the Secretary of Defense to the 18 Joint Department of Defense–Department of Veterans Af19 fairs Medical Facility Demonstration Fund established by 20 subsection (a)(1) of section 1704 of the National Defense 21 Authorization Act for Fiscal Year 2010 (Public Law 111– 22 84.’’. For purposes of subsection (a)(2) 23 of such section 1704. 1532.

Lovell Fed7 eral Health Care Center. † S 1867 ES . and supporting facilities designated as a 10 combined Federal medical facility under an operational 11 agreement pursuant to section 706 of the Duncan Hunter 12 National Defense Authorization Act for Fiscal Year 2009 13 (Public Law 110–417. 1501. consisting of the North Chicago 8 Veterans Affairs Medical Center. PURPOSE. The purpose of this subtitle is to authorize appropria- 22 tions for the Department of Defense for fiscal year 2012 23 to provide additional funds for overseas contingency oper24 ations being carried out by the Armed Forces. 122 Stat.—For purposes 4 of subsection (b) of such section 1704. the Navy Ambulatory 9 Care Center. 455). facility operations 5 for which funds transferred under subsection (a) may be 6 used are operations of the Captain James A.621 1 treated as amounts authorized and appropriated for the 2 Department of Defense specifically for such transfer. 3 (b) USE OF TRANSFERRED FUNDS. 14 15 16 17 18 19 20 21 TITLE XV—AUTHORIZATION OF APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Authorization of Appropriations SEC.

test. and De5 fense-wide activities. as specified in the funding table in 6 section 4102. as specified in the funding table in section 19 4302.566. 7 8 9 SEC. and evaluation.622 1 2 SEC. 1506.228. 4 the Navy and the Marine Corps. 1504. development. 20 21 SEC. for operation and 18 maintenance. OPERATION AND MAINTENANCE. DEVELOPMENT. WORKING CAPITAL FUNDS. 24 25 SEC. MILITARY PERSONNEL. PROCUREMENT. Funds are hereby authorized to be appropriated for 22 fiscal year 2012 for the Department of Defense for mili23 tary personnel in the amount of $10. Funds are hereby authorized to be appropriated for 15 fiscal year 2012 for the use of the Armed Forces and other 16 activities and agencies of the Department of Defense for 17 expenses.000. Funds are hereby authorized to be appropriated for 3 fiscal year 2012 for procurement accounts for the Army. 1505. 13 14 SEC. TEST. as speci12 fied in the funding table in section 4202. 1503. Funds are hereby authorized to be appropriated for 26 fiscal year 2012 for the use of the Armed Forces and other † S 1867 ES . not otherwise provided for. Funds are hereby authorized to be appropriated for 10 fiscal year 2012 for the use of the Department of Defense 11 for research. the Air Force. 1502. AND EVALUATION. RESEARCH.

1509. 4 5 SEC. not otherwise provided for. not otherwise provided for. for Drug Interdiction 14 and Counter-Drug Activities. Funds are hereby authorized to be appropriated for 12 the Department of Defense for fiscal year 2012 for ex13 penses. DEFENSE HEALTH PROGRAM. as specified in the funding table in section 4402. 1508. Funds are hereby authorized to be appropriated for 6 the Department of Defense for fiscal year 2012 for ex7 penses. 9 10 11 SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES. † S 1867 ES . for the Defense Health 8 Program. Funds are hereby authorized to be appropriated for 18 the Department of Defense for fiscal year 2012 for ex19 penses. Defense-wide. as speci21 fied in the funding table in section 4402. 16 17 SEC. 3 as specified in the funding table in section 4402. DEFENSE INSPECTOR GENERAL.623 1 activities and agencies of the Department of Defense for 2 providing capital for working capital and revolving funds. as specified in 15 the funding table in section 4402. not otherwise provided for. DEFENSE-WIDE. for the Office of the 20 Inspector General of the Department of Defense.

1521.—The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $4. The amounts authorized to be appropriated by this 4 title are in addition to amounts otherwise authorized to 5 be appropriated by this Act. the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2012 between any such authorizations for that fiscal year (or any subdivisions thereof). 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SEC. 1522.624 1 2 3 Subtitle B—Financial Matters SEC. Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (b) TERMS AND CONDITIONS.—Upon determination by the Secretary of Defense that such action is necessary in the national interest. † S 1867 ES .—Transfers under this 23 section shall be subject to the same terms and conditions 24 as transfers under section 1001.000.000.000. (2) LIMITATION. SPECIAL TRANSFER AUTHORITY. (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

† S 1867 ES . and other projects determined by the Secretary of Defense. (a) ENHANCEMENT OF AUTHORITY. 1531. mining sector development.’’. 124 Stat.625 1 (c) ADDITIONAL AUTHORITY. by striking ‘‘may include projects’’ and all that follows and inserting ‘‘may include projects that facilitate private investment.—The transfer author- 2 ity provided by this section is in addition to the transfer 3 authority provided under section 1001. ONE-YEAR EXTENSION AND MODIFICATION OF AUTHORITY FOR TASK FORCE FOR BUSINESS AND STABILITY OPERATIONS IN AFGHANISTAN. the’’. (2) in paragraph (4). by striking ‘‘The’’ and inserting ‘‘During each of fiscal years 2011 and 2012.—Subsection (a) 10 of section 1535 of the Ike Skelton National Defense Au11 thorization Act for Fiscal Year 2011 (Public Law 111– 12 383. as strengthening stability or providing strategic support to the counterinsurgency campaign in Afghanistan. industrial development. 4426) is amended— 13 14 15 16 17 18 19 20 21 22 23 24 (1) in paragraph (3). 4 5 6 7 8 9 Subtitle C—Other Matters SEC. with the concurrence of the Secretary of State.

by striking ‘‘. 2012. and (2) in subparagraph (A).—Para- 11 graph (8) of such subsection.626 1 2 3 4 5 6 7 8 9 10 (3) by redesignating paragraphs (5).—A project may not be commenced under the authority in paragraph (1) after September 30. respectively. and (7) as paragraphs (6). (7). is further amended— 19 20 21 22 23 24 25 (1) in the matter preceding subparagraph (A).’’. (6). is further amended to read 13 as follows: 14 15 16 17 ‘‘(8) EXPIRATION OF AUTHORITY.—Paragraph (7) of such sub- 18 section.’’. as redesignated by sub12 section (a)(3) of this section. 2011’’ and inserting ‘‘of each year following a fiscal year in which the authority in paragraph (1) is exercised’’. and (8). by striking ‘‘during fiscal year 2011’’ and inserting ‘‘during that fiscal year’’. (b) ONE-YEAR EXTENSION OF AUTHORITY. and (4) by inserting after paragraph (4) the following new paragraph (5): ‘‘(5) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL YEARS.—Amounts available to carry out the authority in paragraph (1) shall be available for projects under that authority that begin in a fiscal year and end in the following fiscal year. † S 1867 ES . as so redesignated. (c) ANNUAL REPORTS.

—Such section is further amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e). 122 Stat. and (2) by inserting after subsection (b) the following new subsection (c): ‘‘(c) ADDITIONAL MEMBERS.’’. ‘‘(2) A representative of the United States Agency for International Development.—Funds available to the Depart- 19 ment of Defense for the Afghanistan Security Forces 20 Fund for fiscal year 2012 shall be subject to the condi21 tions contained in subsections (b) through (g) of section 22 1513 of the National Defense Authorization Act for Fiscal 23 Year 2008 (Public Law 110–181. respectively. 1532. designated by the Secretary of State.627 1 2 3 4 5 6 7 ON (d) AUTHORITY FOR ADDITIONAL REPRESENTATIVES TASK FORCE. (a) LIMITATIONS. designated by the Administrator of the United States Agency for International Development. MODIFICATION OF AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY FORCES FUND. SEC.—The members of the 8 Task Force for Business and Stability Operations in Af9 ghanistan may include the following: 10 11 12 13 14 15 16 17 18 ‘‘(1) A representative of the Department of State. as 24 amended by section 1531(b) of the Ike Skelton National † S 1867 ES . 428).

1533. 4424). (2) is determined to be the most effective method to reach such target audience. and † S 1867 ES . (3) is the most cost-effective means of reaching such target audience. to the Committees 19 on Armed Services of the Senate and the House of Rep20 resentatives that such program— 21 22 23 24 25 (1) appropriately defines its target audience.628 1 Defense Authorization Act for Fiscal Year 2011 (Public 2 Law 111–383. None of the amounts authorized to be appropriated 15 by this Act may be obligated or expended on any program 16 under the Trans Regional Web Initiative of the Depart17 ment of Defense.—Assistance provided utilizing funds in the Af5 ghanistan Security Forces Fund may include literacy in6 struction and training to build the logistical. or any similar initiative. 9 including through instruction at training facilities of the 10 North Atlantic Treaty Organization Training Mission in 11 Afghanistan. management. 12 13 14 SEC. until the Sec18 retary of Defense certifies. in writing. 3 (b) AVAILABILITY FOR LITERACY INSTRUCTION AND 4 TRAINING. LIMITATION ON AVAILABILITY OF FUNDS FOR TRANS REGIONAL WEB INITIATIVE. 7 and administrative capacity of military and civilian per8 sonnel of the Ministry of Defense and Ministry of Interior. 124 Stat.

—Not later than one year 9 after the date of the enactment of this Act. 1534. (4) An assessment whether the lessons learned through Department of Defense participation on such interagency teams is applicable to other inter- † S 1867 ES . REPORT ON LESSONS LEARNED FROM DEPARTMENT OF DEFENSE TEAMS PARTICIPATION FOR ON INTERAGENCY COUNTERTER- RORISM OPERATIONS IN AFGHANISTAN AND IRAQ. 14 (b) ELEMENTS.629 1 2 3 4 5 6 7 8 (4) includes measurement mechanisms to ensure such target audience is being reached. (a) REPORT REQUIRED. (3) A description of efforts to codify the best practices of interagency teams described under paragraph (2) in military doctrine. SEC. the Secretary 10 of Defense shall submit to the congressional defense com11 mittees a report on the lessons learned from Department 12 of Defense participation on interagency teams for counter13 terrorism operations on Afghanistan and Iraq. (2) A description of the best practices of such interagency teams.—The report required by subsection 15 (a) shall include the following: 16 17 18 19 20 21 22 23 24 25 (1) An assessment of the value of interagency teams in counterterrorism operations.

SHORT TITLE. TITLE XVI—NATIONAL GUARD EMPOWERMENT SEC. 1602. participate on. if any. (6) A description of the additional authorities. United States Code. (5) An assessment of the feasibility and advisability of adding a skill identifier to track Department civilian and military personnel who have successfully supported. 18 19 20 21 22 23 24 SEC. 25 is amended to read as follows: † S 1867 ES . needed to permit Department personnel to more effectively support. or led an interagency team. participated on. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE NATIONAL GUARD BUREAU AND TERMINATION OF POSITION OF DIRECTOR OF THE JOINT STAFF OF THE NATIONAL GUARD BUREAU. This title may be cited as the ‘‘National Guard Em- 16 powerment and State-National Defense Integration Act of 17 2011’’. (a) REESTABLISHMENT TIONS. or lead an interagency team.630 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 agency teams in which Department personnel participate. 1601.—Section AND TERMINATION OF POSI- 10505 of title 10.

in the case of the District of Columbia. selected by the Secretary of De4 fense from officers of the Army National Guard of the 5 United States or the Air National Guard of the United 6 States who— 7 8 9 10 11 12 13 14 15 16 ‘‘(A) are recommended for such appointment by their respective Governors or.631 1 ‘‘§ 10505. ‘‘(B) have had at least 10 years of federally recognized service in an active status in the National Guard. and ‘‘(C) are in a grade above the grade of brigadier general.—(1) There is a Vice Chief of the 3 National Guard Bureau. 23 ‘‘(B) The term of the Vice Chief of the National 24 Guard Bureau shall end within a reasonable time (as de25 termined by the Secretary of Defense) following the ap- † S 1867 ES . 19 ‘‘(3)(A) Except as provided in subparagraph (B). the commanding general of the District of Columbia National Guard. an 20 officer appointed as Vice Chief of the National Guard Bu21 reau serves for a term of four years. Vice Chief of the National Guard Bureau 2 ‘‘(a) APPOINTMENT. ‘‘(2) The Chief and Vice Chief of the National Guard 17 Bureau may not both be members of the Army or of the 18 Air Force. but may be removed 22 from office at any time for cause.

(2) Section 10506(a)(1) of such title is amended by striking ‘‘and the Director of the Joint Staff of the National Guard Bureau’’ and inserting ‘‘and the Vice Chief of the National Guard Bureau’’. the 12 Vice Chief of the National Guard Bureau acts as Chief 13 and performs the duties of the Chief until a successor is 14 appointed or the absence of disability ceases. 6 ‘‘(c) GRADE.’’.—When there is 10 a vacancy in the office of the Chief of the National Guard 11 Bureau or in the absence or disability of the Chief.—The heading of section 10502 of such title is amended to read as follows: † S 1867 ES .—The Vice Chief of the National Guard 7 Bureau shall be appointed to serve in the grade of lieuten8 ant general. (c) CLERICAL AMENDMENTS.— (1) Section 10502 of such title is amended by striking subsection (e).— (1) HEADING AMENDMENT. 9 ‘‘(d) FUNCTIONS AS ACTING CHIEF. 3 ‘‘(b) DUTIES. 15 16 17 18 19 20 21 22 23 24 25 (b) CONFORMING AMENDMENTS.—The Vice Chief of the National Guard 4 Bureau performs such duties as may be prescribed by the 5 Chief of the National Guard Bureau.632 1 pointment of a Chief of the National Guard Bureau who 2 is a member of the same armed force as the Vice Chief.

12 13 14 15 SEC. (b) CONFORMING AMENDMENTS. Vice Chief of the National Guard Bureau. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD BUREAU ON THE JOINT CHIEFS OF STAFF. as amended by section 2(b)(1) of this Act.633 1 ‘‘§ 10502. United States Code. Chief of the National Guard Bureau: appointment. (2) TABLE OF SECTIONS. advisor on National Guard matters. is 22 further amended— † S 1867 ES . 1603. (a) MEMBERSHIP ON JOINT CHIEFS OF STAFF.—Section 10502 of 21 such title. is amended 17 by adding at the end the following new paragraph: 18 19 20 ‘‘(7) The Chief of the National Guard Bureau.’’.— 16 Section 151(a) of title 10.—The table of sections at the beginning of chapter 1011 of such title is amended— (A) by striking the item relating to section 10502 and inserting the following new item: ‘‘10502. 9 10 11 and (B) by striking the item relating to section 10505 and inserting the following new item: ‘‘10505.’’. Chief of the National Guard Bureau: ap2 3 4 5 6 7 8 pointment. grade.’’. grade’’. advisor on National Guard matters.

(a) CONTINUATION. 1604.—The Ad- ministrator may not terminate the Task Force for Emergency Readiness program. CONTINUATION AS A PERMANENT PROGRAM AND ENHANCEMENT OF ACTIVITIES OF TASK FORCE FOR EMERGENCY READINESS PILOT PROGRAM OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY.634 1 2 3 4 5 (1) by redesignating subsection (d) as subsection (e).—The Administrator of the Federal Emer- gency Management Agency shall continue the Task Force for Emergency Readiness (TFER) pilot program of the Federal Emergency Management Agency as a permanent program of the Agency. (2) LIMITATION ON TERMINATION. as so continued.— (1) CONTINUATION AS PERMANENT PRO- GRAM.’’. † S 1867 ES . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEC. until authorized or required to terminate the program by law.—The 6 Chief of the National Guard Bureau shall perform the du7 ties prescribed for him or her as a member of the Joint 8 Chiefs of Staff under section 151 of this title. and (2) by inserting after subsection (c) the following new subsection (d): ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.

635 1 (b) EXPANSION OF PROGRAM SCOPE. 7 (c) ADDITIONAL FEMA ACTIVITIES. (d) NATIONAL GUARD BUREAU ACTIVITIES. implementa- † S 1867 ES .—As part of the 2 continuation of the Task Force for Emergency Readiness 3 program pursuant to subsection (a). the Chief 22 of the National Guard Bureau shall— 23 24 (1) assist the Administrator in the establishment of the guidelines and standards. and (2) develop a methodology for implementing the Task Force for Emergency Readiness that includes goals and standards for assessing the performance of the Task Force. the Administrator 10 shall— 11 12 13 14 15 16 17 18 19 (1) establish guidelines and standards to be used by the States in strengthening the planning and planning capacities of the States with respect to responses to catastrophic disaster emergencies.—As 20 part of the continuation of the Task Force for Emergency 21 Readiness program pursuant to subsection (a).—As part of the 8 continuation of the Task Force for Emergency Readiness 9 program pursuant to subsection (a). the Administrator 4 shall carry out the program in at least five States in addi5 tion to the five States in which the program is carried 6 out as of the date of the enactment of this Act.

636 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 tion methodology. and (B) notify the Secretary of Defense. and performance goals and standards required by subsection (c). (2) in coordination with the Administrator— (A) identify.—The Administrator and the 19 Chief of the National Guard Bureau shall jointly submit 20 to the appropriate committees of Congress each year a re21 port on activities under the Task Force for Emergency 22 Readiness program during the preceding year. Each re23 port shall include a description of the activities under the 24 program during the preceding year and a current assess- † S 1867 ES . assist the States in the development of State plans on responses to catastrophic disaster emergencies. any gaps in State civilian and military response capabilities that Federal military capabilities are unprepared to fill. the Commander of the United States Northern Command. using catastrophic disaster response plans for each State developed under the program. (e) ANNUAL REPORTS. and (3) acting through and in coordination with the Adjutants General of the States. and the Commander of the United States Pacific Command of any gaps in capabilities identified under subparagraph (A).

REPORT ON COMPARATIVE ANALYSIS OF COSTS OF COMPARABLE UNITS OF THE RESERVE COMPONENTS AND THE REGULAR COMPONENTS OF THE ARMED FORCES. the Secretary of Defense shall submit to the congressional defense committees a report setting forth a comparative analysis of the costs of units of the regular components of the Armed Forces with the costs of similar units of the reserve components of the Armed Forces. the term ‘‘appropriate commit- 5 tees of Congress’’ means— 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate.—Not later than 180 days after the date of the enactment of this Act. SEC. 3 4 (f) APPROPRIATE COMMITTEES FINED.—In OF CONGRESS DE- this section.— (1) IN GENERAL. and (2) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. The analysis shall include a separate † S 1867 ES . 1605.637 1 ment of the effectiveness of the program in meeting its 2 purposes. (a) REPORT REQUIRED.

—The 12 Secretary shall include in the report required by sub13 section (a) an assessment of the advisability of increasing 14 the number of units and members of the reserve compo15 nents of the Armed Forces within the total force structure 16 of the Armed Forces.—For purposes of this sub- section.—Not later 21 than 180 days after the date of the submittal of the report 22 required by subsection (a). 20 (c) COMPTROLLER GENERAL REPORT. or are substantially composed of personnel having identical or similar military occupational specialties (MOS). The assessment shall take into ac17 count the comparative analysis conducted for purposes of 18 subsection (a) and such other matters as the Secretary 19 considers appropriate for purposes of the assessment. units of the regular components and reserve components shall be treated as similar if such units have the same general structure. personnel. The report of the Comptroller † S 1867 ES . (b) ASSESSMENT NENT OF INCREASED RESERVE COMPO- PRESENCE IN TOTAL FORCE STRUCTURE. (2) SIMILAR UNITS. the Comptroller General of the 23 United States shall submit to the congressional defense 24 committees a report setting forth a review of such report 25 by the Comptroller General.638 1 2 3 4 5 6 7 8 9 10 11 comparison of the costs of units in the aggregate and of the costs of units solely when on active duty. or function.

ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED STATES NORTHERN COMMAND AND OTHER COMBATANT COMMANDS. 5 6 7 8 9 10 SEC.639 1 General shall include an assessment of the comparative 2 analysis contained in the report required by subsection (a) 3 and of the assessment of the Secretary pursuant to sub4 section (b). United States 12 Code. 1606. (a) COMMANDS RESPONSIBLE IN THE FOR SUPPORT TO 24 CIVIL AUTHORITIES UNITED STATES. shall.—The 25 United States Northern Command and the United States † S 1867 ES . in setting forth estimated expenditures and 13 item quantities for procurement for the Armed Forces for 14 the fiscal years covered by such program. display sepa15 rately under such estimated expenditures and item quan16 tities the estimated expenditures for each such fiscal year 17 for equipment for each reserve component of the Armed 18 Forces that will receive items in any fiscal year covered 19 by such program. 1607. 20 21 22 23 SEC. Each future-years defense program submitted to 11 Congress under section 221 of title 10. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE RESERVE COMPONENTS OF THE ARMED FORCES UNDER ESTIMATED EXPENDITURES FOR PROCUREMENT IN FUTURE-YEARS DEFENSE PROGRAMS.

5 (b) DISCHARGE OF RESPONSIBILITY. United States Code.640 1 Pacific Command shall be the combatant commands of the 2 Armed Forces that are principally responsible for the sup3 port of civil authorities in the United States by the Armed 4 Forces. assist the States in the employment of the National Guard under State control. including National Guard operations conducted in State active duty or under title 32. (c) MEMORANDUM OF UNDERSTANDING. the 7 Commander of the United States Northern Command and 8 the Commander of the United States Pacific Command 9 shall each— 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in consultation with and acting through the Chief of the National Guard Bureau and the Joint Force Headquarters of the National Guard of the State or States concerned. and (2) facilitate the deployment of the Armed Forces on active duty under title 10. United States Code. United States Code.—In dis- 6 charging the responsibility set forth in subsection (a).— † S 1867 ES . as necessary to augment and support the National Guard in its support of civil authorities when National Guard operations are conducted under State control. whether in State active duty or under title 32.

641 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) MEMORANDUM REQUIRED. the Commander of the United States Northern Command. the Commander of the United States Pacific Command. jointly enter into a memorandum of understanding setting forth the operational relationships.—The Commander of the United States Northern Command. Each such modification shall be subject to the approval of the Secretary of Defense. † S 1867 ES . and the National Guard Bureau. and individual roles and responsibilities. the United States Pacific Command. (2) MODIFICATION. the Commander of the United States Pacific Command. and the Chief of the National Guard Bureau jointly consider appropriate. and the Chief of the National Guard Bureau shall. the Commander of the United States Pacific Command. during responses to domestic emergencies among the United States Northern Command.—Not later than 180 days after the date of the enactment of this Act. with the approval of the Secretary of Defense. and the Chief of the National Guard Bureau may from time to time modify the memorandum of understanding under this subsection to address changes in circumstances and for such other purposes as the Commander of the United States Northern Command.

Army North 18 Command. 20 21 (b) COMMANDER MAND. 13 14 15 16 SEC.—It is the sense of Con- 25 gress that.—The Secretary of Defense shall 10 prescribe regulations for purposes of aiding the expedi11 tious implementation of the authorities and responsibilities 12 in this section. 1608. (a) COMMANDER OF ARMY NORTH COMMAND. 9 (e) REGULATIONS. 22 Air Force North Command.—Nothing in this section shall be 3 construed as altering or limiting the power of the Presi4 dent or the Secretary of Defense to modify the Unified 5 Command Plan in order to assign all or part of the respon6 sibility described in subsection (a) to a combatant com7 mand other than the United States Northern Command 8 or the United States Pacific Command.642 1 2 (d) AUTHORITY TO MODIFY ASSIGNMENT MAND OF COM- RESPONSIBILITY. shall be an officer in the Army National Guard 19 of the United States. shall be an officer in the Air 23 National Guard of the United States. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN CERTAIN COMMAND POSITIONS. 24 (c) SENSE OF CONGRESS.—The 17 officer serving in the position of Commander.—The OF AIR FORCE NORTH COM- officer serving in the position of Commander. in assigning officers to the command positions † S 1867 ES .

107 note) to provide for the use 16 of funds available pursuant to such regulations for con17 tacts between members of the National Guard and civilian 18 personnel of foreign governments outside the ministry of 19 defense on matters within the core competencies of the 20 National Guard such as the following: 21 22 23 24 (1) Disaster response and mitigation. † S 1867 ES . (2) Defense support to civilian authorities. as applicable.C. the President should 2 afford a preference in assigning officers in the Army Na3 tional Guard of the United States or Air National Guard 4 of the United States.S. 1609. 123 15 Stat. 32 U. in consultation with 12 the Secretary of State. 2517. (3) Consequence management and installation protection. 6 7 8 9 10 11 SEC. The Secretary of Defense shall. who have served as 5 the adjutant general of a State. modify the regulations prescribed 13 pursuant to section 1210 of the National Defense Author14 ization Act for Fiscal Year 2010 (Public Law 111–84.643 1 specified in subsections (a) and (b). AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP PROGRAM FOR ADDITIONAL NATIONAL GUARD CONTACTS ON MATTERS WITHIN THE CORE COMPETENCIES OF THE NATIONAL GUARD.

(5) Border and port security and cooperation with civilian law enforcement. SHORT TITLE. or nuclear event (CBRNE) response.—Except as provided in subsection (b). (6) Search and rescue. (10) Employer and family support of reserve forces. (8) Counterdrug and counternarcotics activities. (9) Public affairs.644 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (4) Chemical. all author- † S 1867 ES . 2002. 2001. (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 25 YEARS. radiological. biological. This division may be cited as the ‘‘Military Construc- 20 tion Authorization Act for Fiscal Year 2012’’. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW. 21 22 23 24 SEC. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS SEC. (7) Medical matters. (11) Such other matters within the core competencies of the National Guard and suitable for contacts under the State Partnership Program as the Secretary of Defense shall specify.

† S 1867 ES . land acquisition. or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2015.645 1 izations contained in titles XXI through XXVII for mili2 tary construction projects. and contributions to the North At4 lantic Treaty Organization Security Investment Program 5 (and authorizations of appropriations therefor) shall ex6 pire on the later of— 7 8 9 10 11 (1) October 1. family housing projects and facilities. 2014. 2014. or contributions to the North Atlantic Treaty Organization Security Investment Program. land acquisition. or (2) the date of the enactment of an Act authorizing funds for fiscal year 2015 for military construction projects. land ac13 quisition. and con14 tributions to the North Atlantic Treaty Organization Se15 curity Investment Program (and authorizations of appro16 priations therefor). family housing projects and facilities. for which appropriated funds have 17 been obligated before the later of— 18 19 20 21 22 23 24 (1) October 1. (b) EXCEPTION. family housing 3 projects and facilities.—Subsection (a) shall not apply to 12 authorizations for military construction projects.

. 2101.....600. set forth in the following 19 table: Army: Inside the United States State Installation or Location Amount Alabama ..................... 2403......................... 4 2502...000...... Fort Carson .000 $66....... and 2606 shall be available in the amounts specified 5 in the funding table in section 4501.........................................400................. Fort Rucker ...... Hawaii .............300. Joint Base Elmendorf-Richardson ............000 $83..000 $17... (a) IN GENERAL.................... $11................ 2411..........000......000 $114.....................................—The amounts authorized to be ap- 3 propriated by sections 2104.....700... Fort Shafter .............000 † S 1867 ES ...............................000 $103. Fort Riley ............... Georgia ... Fort Irwin .................. 10 11 12 13 TITLE XXI—ARMY SEC..........—Using amounts 14 appropriated pursuant to the authorization of appropria15 tions in section 2104(1)................ the Secretary of the Army may 16 acquire real property and carry out military construction 17 projects for the installations or locations inside the United 18 States...... Colorado ............... Schofield Barracks ...450................000 $238....... FUNDING TABLES............. Presidio of Monterey .. Fort Wainwright ................. 2304.....600..................................................................000 $1..................... Forbes Air Field .............. 6 7 (b) BASE CLOSURE TIES.. 2204............ Fort Stewart ...646 1 2 SEC.....000...................................... California ............000 $105......... AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS...500......... Kansas ........... 2003....600..... Alaska ...... (a) INSIDE THE UNITED STATES............—The AND REALIGNMENT ACTIVI- amounts authorized to be appropriated by sec- 8 tion 2703 shall be available in the amounts specified in 9 the funding table in section 4501. Fort Gordon ......000 $5...............000...........000 $23..... and in the amounts.....000 $2.000 $3......600....... Fort Benning ...............

............... Fort Bliss ....... Fort Sill ....................000 $70............. Fort Jackson ............500...000 $55...... Joint Base Lewis McChord ........900....000..............000 $79...........000... Korea ... Red River Army Depot ......000...............000 $296.....000 $110....... $247..................................000 $52.......... Fort Polk ....... Maryland ........ $80........ Virginia ..............600.000 $12............................000.....000...............000 $22................................ Oberdachstetten ............000 $184....................—Using 10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(5)(A).500.. 2102..................... (a) CONSTRUCTION AND ACQUISITION..... McAlester Army Ammunition Plant ............................... Louisiana .................................................—Using amounts 2 appropriated pursuant to the authorization of appropria3 tions in section 2104(2)........000 $132.300.....900................................000 $49..................................000 8 9 SEC.........000........................................000 $8... Camp Henry ................ FAMILY HOUSING..................500.......... and in the amounts.......................................................... Landstuhl ............. the Secretary of the Army may 4 acquire real property and carry out military construction 5 projects for the installations or locations outside the 6 United States......000 $186.... Fort Drum ...........400.....000 $13............ Fort Leonard Wood .................................. Kelley Barracks . Fort Hood ................000 $48.......... Missouri ..... North Carolina ............ Utah ........000.....000 $41.........................000 $63......... Joint Base Langley Eustis . Fort Campbell ...........................647 Army: Inside the United States—Continued State Installation or Location Amount Kentucky ..... the Secretary of the † S 1867 ES ............000 $63.. South Carolina . Joint Base San Antonio ...000...................... Oklahoma ...100............. Bagram Air Base ......000 $32...000 $10.. Fort Belvoir ................................................... Fort Knox ................. Washington ...................... Aberdeen Proving Ground ........................000 $12.........200...........000... Camp Carroll ............... Fort Meade .. Germany ..000..... Fort Bragg ... Texas .........................................200.....................000...............000 $26.........................000....000..000 $78........................................ Dugway Proving Ground ...............300............ Vilseck ........................................................................................000 $44........................000 1 (b) OUTSIDE THE UNITED STATES....... set forth in the fol7 lowing table: Army: Outside the United States Country Installation or Location Amount Afghanistan ......000 $20..............000........ New York ....... Grafenwoehr ...........000........

....000 $41...... Funds are hereby authorized to be appropriated for 22 fiscal years beginning after September 30.. AUTHORIZATION OF APPROPRIATIONS. 64 .... 20 21 SEC. United States 15 Code......329....000........ Illesheim .....000... 80 ....897.... Baumholder .... in the number of units... the 17 Secretary of the Army may improve existing military fam18 ily housing units in an amount not to exceed 19 $103.......... ARMY..648 1 Army may construct or acquire family housing units (in2 cluding land acquisition and supporting facilities) at the 3 installations or locations............ 22 .........000...............000 $12.. and using amounts appropriated pursuant to the 16 authorization of appropriations in section 2104(5)(A).000 5 (b) PLANNING AND DESIGN.... Vilseck . and in 4 the amounts set forth in the following table: Army: Family Housing Country Installation or Location Units Amount Germany . IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.. 2104.......... 2011. 2103..—Using amounts appro- 6 priated pursuant to the authorization of appropriations in 7 section 2104(5)(A)....... $34...000. Subject to section 2825 of title 10........ 12 13 14 SEC...... for mili† S 1867 ES ........000.. the Secretary of the Army may carry 8 out architectural and engineering services and construc9 tion design activities with respect to the construction or 10 improvement of family housing units in an amount not 11 to exceed $7..........

(B) For support of military family housing (including the functions described in section 2833 of title 10. † S 1867 ES . (6) For the construction of increment 1 of an aviation complex.643.000. (3) For unspecified minor military construction projects authorized by section 2805 of title 10. as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) For military construction projects inside the United States authorized by section 2101(a). (4) For architectural and engineering services and construction design under section 2807 of title 10.000. and improvement of military family housing and facilities.000.649 1 tary construction. United States Code). $2. United States Code.000. phase 3A at Fort Wainwright. $298. (5) For military family housing functions: (A) For construction and acquisition.400. $176.858. United States Code.900.897.250. (2) For military construction projects outside the United States authorized by section 2101(b). planning and design.000.000. $195. $20.241. $494. and military family 2 housing functions of the Department of the Army in the 3 total amount of $3.146.000. land acquisition.000.

4658) for Fort Benning. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2009 PROJECT. for 9 construction of a Multipurpose Training Range at the in10 stallation. † S 1867 ES . the Secretary of the Army may construct up 11 to 1.650 1 2 3 4 5 Alaska. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT. authorized by section 2101(a) of this Act. 2106. 122 Stat. the Secretary 22 of the Army may construct a secure elevated roadway over 23 the existing railroad and public road in lieu of an on-grade 24 road and access control point. SEC. 2629) for Joint Base Lewis-McChord.000. 2105.802 square feet of loading dock consistent with the 12 Army’s construction guidelines for Multipurpose Training 13 Ranges. 14 15 16 SEC. for construction of an access road adjoining 21 McChord Air Force Base and Fort Lewis. Georgia.000. 123 Stat. 20 Washington. In the case of the authorization contained in the table 6 in section 2101(a) of the Military Construction Authoriza7 tion Act for Fiscal Year 2009 (division B of Public Law 8 110–417. In the case of the authorization contained in the table 17 in section 2101(a) of the Military Construction Authoriza18 tion Act for Fiscal Year 2010 (division B of Public Law 19 111–84. $57.

651 1 2 3 SEC. (a) HAWAII.400 square yards of vehicle † S 1867 ES . 4438) for Wiesbaden 24 Air Base. for renovations of buildings 450 and 8 452. 4437) for Fort 14 Drum. New York. Hawaii. for construction of an Information 25 Processing Center at the installation.049 square yards of parking 17 apron consistent with the Army’s construction guidelines 18 for Aircraft Maintenance Hangars and associated parking 19 aprons. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2011 PROJECTS. the Secretary of the 26 Army may construct up to 9. Germany.—In the case of the authorization 11 contained in the table in section 2101(a) of the Military 12 Construction Authorization Act for Fiscal Year 2011 (di13 vision B of Public Law 111–383.—In the case of the authorization con- 21 tained in the table in section 2101(b) of the Military Con22 struction Authorization Act for Fiscal Year 2011 (division 23 B of Public Law 111–383. for construction of an Aircraft Mainte15 nance Hangar at the installation. 20 (c) GERMANY. the Secretary of the 16 Army may construct up to 39. the Secretary of the Army may renovate building 451 9 in lieu of building 452. 124 Stat. 4437) for Schofield 7 Barracks. 124 Stat. 10 (b) NEW YORK. 124 Stat.—In the case of the authorization con- 4 tained in the table in section 2101(a) of the Military Con5 struction Authorization Act for Fiscal Year 2011 (division 6 B of Public Law 111–383. 2107.

400 3 square yards of parking area.652 1 parking garage consistent with the Army’s construction 2 guidelines for parking garages. 9 California.—The Secretary 16 of the Army shall provide information in accordance with 17 section 2851(c) of title 10.—The Secretary of 7 the Army may carry out a military construction project 8 to construct a water treatment facility for Fort Irwin.000.—The Secretary may use 12 available. 4 5 6 SEC. † S 1867 ES . ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2012 PROJECT. If it becomes nec19 essary to exceed the estimated project cost. 10 11 (b) USE TARY OF UNOBLIGATED PRIOR-YEAR ARMY MILI- CONSTRUCTION FUNDS. in lieu of renovating 9. in the amount of $115. (a) PROJECT AUTHORIZATION. United States Code. 2108. the Secretary 20 shall utilize the authority provided by section 2853 of such 21 title regarding authorized cost and scope of work vari22 ations.000. unobligated Army military construction funds 13 appropriated for a fiscal year before fiscal year 2012 for 14 the project described in subsection (a). regarding 18 the project described in subsection (a). 15 (c) CONGRESSIONAL NOTIFICATION.

... Child Care Facility . or the 9 date of the enactment of an Act authorizing funds for mili10 tary construction for fiscal year 2013.... $6.. as provided in section 2101 of that Act (122 Stat...... (a) EXTENSION. Multipurpose Machine Gun Range . Fort Leonard Wood . 11 (b) TABLE. Fort Polk ... 6 503). 2012... 122 Stat... shall remain in effect until October 1.........—Notwithstanding section 2002 of 16 the Military Construction Authorization Act for Fiscal 17 Year 2009 (division B of Public Law 110–417.. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009 PROJECTS.. 18 4658)... 2012. Missouri ..000 $4....... 2110.... authorizations set forth in the table in subsection 7 (b)....150.......... shall remain in effect until October 1.. authorizations set forth in the table in subsection 19 (b).. as provided in section 2101 of that Act (122 Stat...... whichever is later... 122 Stat.......... or the † S 1867 ES ..100... 8 504).. 20 504)... 2109...—Notwithstanding section 2002 of 4 the Military Construction Authorization Act for Fiscal 5 Year 2008 (division B of Public Law 110–181........... EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 PROJECTS...653 1 2 3 SEC.... (a) EXTENSION..000 13 14 15 SEC...—The table referred to in subsection (a) 12 is as follows: Army: Extension of 2008 Project Authorizations State Installation or Location Project Amount Louisiana .

New Jersey .400............... by striking ‘‘Delaram Ii’’ in the State/Country and Installation column and inserting ‘‘Delaram II’’.—The table referred to in subsection (a) 4 is as follows: Army: Extension of 2009 Project Authorizations State/Country Installation or Location Project Amount Alabama ....... TECHNICAL AMENDMENTS TO CORRECT CERTAIN PROJECT SPECIFICATIONS....000 $3.......000.......000....... Brigade Complex .000 5 6 7 SEC......900... Lake Yard Interchange ...........2’’ at the Shank installation.... 4503) is amended— 10 11 12 13 14 15 16 17 18 19 (1) in the item for the Army relating to ‘‘Entry Control Point and Access Roads’’ that appears immediately below the item relating to ‘‘Vet Clinic & Kennel’’ at Bagram Air Force Base......... Anniston Army Depot .. Virginia .....000 $65....... Ph.. and (2) in the item for the Army that appears immediately below the item relating to ‘‘Electrical Utility Systems. Hawaii .....000 $69. by striking ‘‘Expand Extended Cooperation Programme † S 1867 ES .. Battalion Complex ..... Battalion Complex ....... The table in section 3002 of the Ike Skelton National 8 Defense Authorization Act for Fiscal Year 2011 (Public 9 Law 111–383..... 124 Stat......................000 $76... Ballistic Evaluation Facility Phase I . Schofield Barracks Schofield Barracks Schofield Barracks Schofield Barracks Picatinny Arsenal Fort Eustis ... $1........ 3 (b) TABLE.....654 1 date of the enactment of an Act authorizing funds for mili2 tary construction for fiscal year 2013. Vehicle Paint Facility ... 2111..000 $9............900....000........000..000 $27...... whichever is later.... Infrastructure Expansion .....

and military family housing func8 tions of the Department of the Army for fiscal years prior 9 to fiscal year 2012 are hereby reduced by $100. (2) the Secretary of the Army submits to the congressional defense committees a master plan for completing all phases of tour normalization that includes a detailed description of all costs and a schedule for the construction of necessary facilities and infrastructure. Amounts previously authorized for military construc- 7 tion. and disadvantages. TOUR NORMALIZATION. 2112.655 1 2 3 4 5 6 I and Extended Cooperation Programme 2’’ in the Project Title column and inserting ‘‘Expand Entry Control Point 1 and Entry Control Point 2’’. and † S 1867 ES . SEC. 10 11 SEC. potential benefits. None of the funds authorized to be appropriated 12 under this Act may be obligated or expended for tour nor13 malization until— 14 15 16 17 18 19 20 21 22 23 24 (1) the Director of Cost Assessment and Program Evaluation conducts an analysis of alternatives to tour normalization that identifies alternative courses of action and their associated life cycle costs.000.000. land acquisition. advantages. 2113. REDUCTION OF ARMY MILITARY CONSTRUCTION AUTHORIZATION.

.... Hawaii .....000 $20... North Carolina ..... Twentynine Palms ....................000 $36...000 † S 1867 ES ..063..000 $183. Mayport .. Norfolk .. Naval Base.000 $335. Great Lakes .....690.304... Marine Corps Base.000 $7...844....000 $57....... Whiting Field (Eglin Air Force Base) ......109. Quantico .. and in the amounts....... Jacksonville ...679........ Marine Corps Mountain Warfare Training Center.... 2201...............080... Naval Air Station..............590.................. Maryland .. Marine Corps Logistics Base.................000 $15. Bridgeport . Marine Corps Air Station............ California .000 $45.... Kings Bay ...... Yuma .....998.......... Joint Base Pearl Harbor-Hickam .........864.................. Marine Corps Base........................000 $86......... Portsmouth ... Kaneohe Bay ...............096...... Naval Air Station.. Barking Sands .............779........785..... Virginia ..................760.. Camp Pendleton ........ Cherry Point ..000 $21.....552.... Florida ........ New River ..... South Carolina ... Marine Corps Base....... $162...................492.......000 $81...... Naval Station.....000 $16.. Patuxent River ...... Naval Ship Yard....620............... Camp Lejeune . AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.......704. set forth in the following 13 table: Inside the United States State Installation or Location Amount Arizona .... the Secretary of the Navy may 10 acquire real property and carry out military construction 11 projects for the installations or locations inside the United 12 States......000 $67... (a) INSIDE THE UNITED STATES.....—Using amounts 8 appropriated pursuant to the authorization of appropria9 tions in section 2204(1). Barstow ...................000 $200........... Naval Support Facility.......... TITLE XXII—NAVY SEC......................000 $9. Indian Head ............ Marine Corps Base.......482.000 $91............000 $93.... Naval Station. Illinois ...........930..... Marine Corps Air Station...........000 $26...... Naval Support Activity....000 $78.. Beaufort ........000 $8.......... Naval Station.......656 1 2 3 4 5 6 7 (3) legislation enacted after the date of the enactment of this Act authorizes the obligation of funds for such purpose...........000 $17. Marine Corps Air Station.377...... Georgia ................ Naval Air Station...000 $74. Marine Corps Base. Coronado .735.....000 $67................................ Naval Submarine Base..... Norfolk ..924. Pacific Missile Range Facility.....042... Naval Base Ventura County Point Mugu .000 $14.......138.......... Marine Corps Air Station........

Bremerton (Puget Sound Ship Yard) . Diego Garcia .......... 2202...... Using amounts appropriated pursuant to the author- 10 ization of appropriations in section 2204(5)(A). Diego Garcia ... and in the amounts..... and using amounts appropriated pursuant to the 19 authorization of appropriations in section 2204(5)(A).. $13. Naval Base Kitsap.... the Sec11 retary of the Navy may carry out architectural and engi12 neering services and construction design activities with re13 spect to the construction or improvement of family hous14 ing units in an amount not to exceed $3......341...842. United States 18 Code.000 1 (b) OUTSIDE THE UNITED STATES.... 15 16 17 SEC......... the Secretary of the Navy may 4 acquire real property and carry out military construction 5 projects for the installation or location outside the United 6 States. $89........ Naval Support Facility......199........... Subject to section 2825 of title 10............444.... the † S 1867 ES . Bremerton (Bangor) . FAMILY HOUSING............000 $35. Naval Base Kitsap........657 Inside the United States—Continued State Installation or Location Amount Washington ....000..... Camp Lemonier .......... 2203.... IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.......—Using amounts 2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2)......000 $758......499.... set forth in the following 7 table: Navy: Outside the United States Country Installation or Location Amount Djibouti ...000 8 9 SEC..

956.000.000. (5) For military family housing functions: (A) For construction and acquisition.822. Funds are hereby authorized to be appropriated for 5 fiscal years beginning after September 30.000.641. (3) For unspecified minor military construction projects authorized by section 2805 of title 10. $100. $69. (2) For military construction projects outside the United States authorized by section 2201(b).773.000. and military family 7 housing functions of the Department of the Navy in the 8 total amount of $2.943. $1. 2011.658 1 Secretary of the Navy may improve existing military fam2 ily housing units in an amount not to exceed $97. 2204.000. planning and design.495.972. for mili6 tary construction. NAVY.000. United States Code. $21.457. as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) For military construction projects inside the United States authorized by section 2201(a).000. (4) For architectural and engineering services and construction design under section 2807 of title 10.362. land acquisition. 3 4 SEC. $124. United States Code. AUTHORIZATION OF APPROPRIATIONS. and improvement of military family housing and facilities. † S 1867 ES .

.. Various .... 2205..000. or the date of an Act au15 thorizing funds for military construction for fiscal year 16 2013..... (a) EXTENSION. $367..... 11 511) and extended by section 2206 of the Military Con12 struction Authorization Act for Fiscal Year 2011 (division 13 B of Public Law 111–383.....—The table in sec21 tion 2201(c) of the Military Construction Authorization † S 1867 ES . United States Code).700......000 19 (c) TECHNICAL AMENDMENT FOR CONSISTENCY IN 20 PROJECT AUTHORIZATION DISPLAY...—Notwithstanding section 2002 of 7 the Military Construction Authorization Act for Fiscal 8 Year 2008 (division B of Public Law 110–181. 124 Stat. 4443). shall remain 14 in effect until October 1.. Host Nation Infrastructure ......... 122 Stat.....863......659 1 2 3 4 5 6 (B) For support of military family housing (including functions described in section 2833 of title 10. SEC. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2008 PROJECT. as provided in section 2201(c) of that Act (122 Stat.. $2. 17 (b) TABLE.—The table referred to in subsection (a) 18 is as follows: Navy: Extension of 2008 Project Authorization State/Country Installation or Location Project Amount Worldwide Unspecified ...... the authorization set forth in the table in subsection 10 (b)... 2012. whichever is later....... 9 503)...

........ Camp Pendelton . 13 (b) TABLE...........000 3 4 5 SEC...... EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009 PROJECTS........ shall remain in effect until October 1...340..... Marine Corps Base. Red Beach ......660 1 Act for Fiscal Year 2008 (division B of Public Law 110– 2 181.. Various .......... the authorization set forth in the table in sub9 section (b)... Washington Navy Yard ........... $8..... 2206. Operations Assess Points...... (a) EXTENSION. as provided in section 2201 of that Act (122 10 Stat 4670). 122 Stat...... Wharf Utilities Upgrade ....... 511) is amended to read as follows: Navy: Worldwide Unspecified State/Country Installation or Location Project Amount Worldwide Unspecified ....... 8 4658)...970....000 Various ................. 2012.. Emergency Response Station .............000 District of Columbia .....700........... Miramar ....000 † S 1867 ES ........—The table referred to in subsection (a) 14 is as follows: Navy: Extension of 2009 Project Authorizations State/Country Installation or Location Project Amount California ............... Marine Corps Air Station.......... $2...........530....000 $6..900. Host Nation Infrastructure .... Worldwide Unspecified .. 122 Stat......... whichever is later......... $11....—Notwithstanding section 2002 of 6 the Military Construction Authorization Act for Fiscal 7 Year 2009 (division B of Public Law 110–417.. Child Development Center $9..... 11 or the date of an Act authorizing funds for military con12 struction for fiscal year 2013........

16 until— 17 18 19 20 21 22 23 24 25 26 (1) the Commandant of the Marine Corps provides the congressional defense committees the Commandant’s preferred force lay-down for the United States Pacific Command Area of Responsibility. Amounts previously authorized for military construc- 4 tion.000. including a detailed description of costs and a schedule for such construction. may be ob12 ligated or expended to implement the realignment of 13 United States Marine Corps forces from Okinawa to 14 Guam as envisioned in the United States–Japan Roadmap 15 for Realignment Implementation issued May 1. GUAM REALIGNMENT. 2208.000. REDUCTION OF NAVY MILITARY CONSTRUCTION AUTHORIZATION.661 1 2 3 SEC. † S 1867 ES . 2207. and military family housing func5 tions of the Department of the Navy for fiscal years prior 6 to fiscal year 2012 are hereby reduced by $25. None of the funds authorized to be appropriated 9 under this title. land acquisition. (2) the Secretary of Defense submits to the congressional defense committees a master plan for the construction of facilities and infrastructure to execute the Commandant’s preferred force lay-down on Guam. 2006. 7 8 SEC. or amounts provided by the Government 10 of Japan for military construction activities on land under 11 the jurisdiction of the Department of Defense.

.........000 ... Colorado ...662 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (3) the Secretary of Defense certifies to the congressional defense committees that tangible progress has been made regarding the relocation of Marine Corps Air Station Futenma... and (4) a plan coordinated by all pertinent Federal agencies is provided to the congressional defense committees detailing descriptions of work............... $45....000 $24.000 $13....000.... costs.....200. California ...S.................................000 $97..000 $14.. U........400............000 $33.......000......... Luke Air Force Base ...000 $2......000........ Vandenberg Air Force Base ..000 $22. Air Force Academy . and a schedule for completion of construction.800.......... Arizona .. improvements.....—Using amounts 16 appropriated pursuant to the authorization of appropria17 tions in section 2304(1)........000...... Joint Base Elmendorf-Richardson Davis-Monthan Air Force Base .. Travis Air Force Base .... 2301...... the Secretary of the Air Force 18 may acquire real property and carry out military construc19 tion projects for the installations or locations inside the 20 United States.. † S 1867 ES Eielson Air Force Base .. and in the amounts. TITLE XXIII—AIR FORCE SEC..... AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.............. set forth in the fol21 lowing table: Air Force: Inside the United States State Installation or Location Amount Alaska ......... (a) INSIDE THE UNITED STATES......... and infrastructure on Guam affected by the realignment of forces.......... facilities............. and repairs to the non-military utilities......... Delaware ....000.............. Dover Air Force Base ...

..000 $64.......... Kansas ........... Osan Air Base .............................. Barksdale Air Force Base . Offutt Air Force Base ........... Missouri .. Holloman Air Force Base ...208..............000 $22...600..................000 $564.............. the Sec11 retary of the Air Force may carry out architectural and 12 engineering services and construction design activities 13 with respect to the construction or improvement of family 14 housing units in an amount not to exceed $4............. Hill Air Force Base .... Nellis Air Force Base .. and in the amounts.............................. North Dakota ...000...... Nevada .....000 1 (b) OUTSIDE THE UNITED STATES.............. Joint Region Marianas .......000 8 9 SEC..................... Joint Base San Antonio ........400... Texas ..000..... Fort Riley.. $7..................... Using amounts appropriated pursuant to the author- 10 ization of appropriations in section 2304(5)(A).... the Secretary of the Air Force 4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 6 United States.....................................................850....................000 $23...000. Naval Air Station............... 2302........ New Mexico .............................................—Using amounts 2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2)................ FAMILY HOUSING...... Virginia .........000.........................000.......000 $50..........000 $110.....663 Air Force: Inside the United States—Continued State Installation or Location Amount Kansas ....................000......598...........000 $16....................... Washington ......... Louisiana .............000 $25......... Kirtland Air Force Base .500...000 $15..........800.....000 $28............697..000 $35....... Joint Base Langley Eustis ...000... Thule Air Base ... Signonella ... Fairchild Air Force Base ...... Ramstein Air Base ............. † S 1867 ES . Utah .......... Korea ........200... $34. Minot Air Force Base . Whiteman Air Force Base .........000 $29........................500......... North Carolina .........000 $67. Nebraska .................... Cannon Air Force Base ............................. set forth in the fol7 lowing table: Air Force: Outside the United States Country Installation or Location Amount Germany ....... Greenland ........000 $4.... Pope Air Force Base .................. Italy ..800............000.........000 $6......000 $23............. Guam ......................000 $27.......................000...600...........

(2) For military construction projects outside the United States authorized by section 2301(b). $165.664 1 2 3 SEC. the 6 Secretary of the Air Force may improve existing military 7 family housing units in an amount not to exceed 8 $80. $677. AUTHORIZATION OF APPROPRIATIONS.000.848. 9 10 11 SEC. (3) For unspecified minor military construction projects authorized by section 2805 of title 10.596. Funds are hereby authorized to be appropriated for 12 fiscal years beginning after September 30.897.000. Subject to section 2825 of title 10. land acquisition.000.000. 2304. United States Code. as follows: 16 17 18 19 20 21 22 23 24 (1) For military construction projects inside the United States authorized by section 2301(a). and using amounts appropriated pursuant to the 5 authorization of appropriations in section 2304(5)(A). IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. for mili13 tary construction.619.423. 2303. $20.000. AIR FORCE.000. 2011. † S 1867 ES . United States 4 Code. and military family 14 housing functions of the Department of the Air Force in 15 the total amount of $1.

United States Code).761.000. 4444).000.913. and improvement of military family housing and facilities.000. $67. $84. MODIFICATION OF AUTHORIZATION TO CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT. planning and design. United States Code. (7) For the construction of increment 1 of a STRATCOM replacement facility at Offutt Air Force Base. (6) For the construction of increment 2 of the Air Force Technical Applications Center at Patrick Air Force Base. $120. (B) For support of military family housing (including functions described in section 2833 of title 10. (5) For military family housing functions: (A) For construction and acquisition. Florida. 2305.000. SEC. as authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383.804.000. authorized by section 2301(a) of this Act.665 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (4) For architectural and engineering services and construction design under section 2807 of title 10. In the case of the authorization contained in the table 24 in section 2301(a) of the National Defense Authorization 25 Act for Fiscal Year 2010 (Division B of Public Law 111– † S 1867 ES . $79.000. $404.000. Nebraska. 124 Stat.

195 square feet). 9 10 11 SEC. Construct Child Development Center $11..—Notwithstanding section 2002 of 12 the Military Construction Authorization Act for Fiscal 13 Year 2009 (division B of Public Law 110–417.—The table referred to in subsection (a) 21 is as follows: Air Force: Extension of 2009 Project Authorizations State Installation or Location Project Amount Germany .. consistent with the Air Force’s 6 construction guidelines for control towers. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 2009 PROJECT.. 2306. 4680) shall remain in effect until October 1. Spangdahlem AB .400..... the Secretary of the Air Force may construct 43 4 vertical meters (141 vertical feet) in lieu of 111 square 5 meters (1. 123 Stat. using amounts 7 appropriated pursuant to authorizations of appropriations 8 in prior years. 2636) for Hickam Air Force Base. (a) EXTENSION.. which19 ever is later: 20 (b) TABLE. 2 for construction of a Ground Control Tower at the instal3 lation.666 1 84.... 122 Stat. Hawaii... the authorization set forth in the table in sub15 section (b).. or the date of the enactment of an Act authorizing 18 funds for military construction for fiscal year 2013. as provided in section 2301(b) of that Act 16 (122 Stat. 17 2012... 14 4658)..000 † S 1867 ES ...

............... the Secretary of Defense may 17 acquire real property and carry out military construction 18 projects for the installations or locations inside the United 19 States......932.......000 $15. Eielson Air Force Base ............ District of Columbia † S 1867 ES .000 $12.... Coronado . Coronado (San Clemente) ......................... Alaska ............ California ...... Buckley Air Force Base ...... (a) INSIDE THE UNITED STATES........000................ Arizona ....... Amounts previously authorized for military construc- 4 tion.000 $21. 8 9 10 11 12 13 14 TITLE XXIV—DEFENSE AGENCIES Subtitle A—Defense Agency Authorizations SEC...........000 $16... Anchorage ...................... Defense Distribution Depot Tracy . and military family housing func5 tions of the Department of the Air Force for fiscal years 6 prior to fiscal year 2012 are hereby reduced by 7 $32..... REDUCTION OF AIR FORCE MILITARY CONSTRUCTION AUTHORIZATION..........000..............800........000 $23....000................. 2401........ Bolling Air Force Base .500... 2307..... Installation or Location Redstone Arsenal .....736........000 $18................ Amount $58.. land acquisition. and in the amounts....... Marine Corps Base..................................000 $140... set forth in the following 20 table: Defense Agencies: Inside the United States State Alabama .000.................800... Naval Base.—Using amounts 15 appropriated pursuant to the authorization of appropria16 tions in section 2403(1)..000 Colorado .000 $14... Davis-Monthan Air Force Base .. Camp Pendleton ...800.. Naval Base...............141.............000 $42... AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS................................400.667 1 2 3 SEC.........

..... Whiting Field ..........................................................................................................040.......... Great Lakes ..... Naval Air Station...... Joint Expeditionary Base Little Creek-Fort Story ......... Joint Base Pearl Harbor-Hickam .. New Mexico ........000 $14........600..000 $37................000 Georgia ........000 $25......... Mississippi ..... Fort Gordon .. Joint Base Charleston ...........................................000 $206.....000 $194....... Joint Base Antonio ............................000 $6...000 $8.......300............................ set forth in the fol7 lowing table: † S 1867 ES ..... Defense Distribution Depot New Cumberland ...................700............. Ohio ................000 $23.................. Joint Base Lewis-McChord ........ Amount $61...............742...... Altus Air Force Base ..253...........000 $2.........000 $138....805........000 $72........................700........... Naval Station..000 $34................................... Pope Air Force Base ....................000 $8....400.... Gulfport .. North Carolina .......................... Camp Dawson ........100....000 $9....... Defense Supply Center Columbus .......................... New York .....500......... Fort Drum .... Naval Air Station.......................000 $8......... Quantico ..............000 $34......... Fort Knox ..868.000 $265..........................400............... 1 (b) OUTSIDE THE UNITED STATES....... Fort Bragg ............000 $35......000 $5.....000 $10.. Cannon Air Force Base .000 $15..........000 $23..........................000 $6........ Bethesda .000..........000 $17....000 $132...000 $16..........670.....................274........000.. Hawaii ..200....000 $17. and in the amounts..........000 $3............... South Carolina ................200............... Pennsylvania .... Oklahoma ..... Defense Supply Center Philadelphia ....................800...........705................ National Naval Medical Center........000 $38.......................... Columbus Air Force Base .......... Construction Battalion Center....988............................ Barksdale Air Force Base ....400........668 Defense Agencies: Inside the United States—Continued State Florida ................................ Missouri ....... Joint Base Andrews ............. Virginia ..............300....... Louisiana ....... Marine Corps Base.... Kentucky ......... Fort Campbell ......—Using amounts 2 appropriated pursuant to the authorization of appropria3 tions in section 2403(2)........ Naval Air Station....200............. Marine Corps Air Station.................. Washington ................................500..............000 $2...................200.................. Texas ...... Illinois ....... Camp Lejeune ... Hanscom Air Force Base ... Massachusetts .........................000 $10............000.............................................000 $37.................... Dahlgren .....116......... Charlottesville ....................... New River ........ Pentagon Reservation ...........000 $46.....000..... Oceana (Dam Neck) .000 $24...........687............ Westover Air Reserve Base ....... Arnold ................205....................845.........................000.......000..... Maryland . the Secretary of Defense may 4 acquire real property and carry out military construction 5 projects for the installations or locations outside the 6 United States.............000 $18...................... Fort Stewart ................... Installation or Location Eglin Air Force Base ...............................................727.....300............ Macdill Air Force Base .997............ Whidbey Island ....000 $20..000 $22.............900.................. West Virginia ......000 $1...... Fort Benning .................

...000............................. † S 1867 ES ............ $1.. the Secretary 4 of Defense may carry out energy conservation projects 5 under chapter 173 of title 10. as follows: 15 16 17 18 19 20 (1) For military construction projects inside the United States authorized by section 2401(a)..........000.601....000 Italy ............. Royal Air Force Alconbury .. 7 8 9 SEC.. land acquisition.... United States Code...672...... DE- FENSE AGENCIES.............................000 $35.000 $61......................... Stuttgart-Patch Barracks ...004.........000......434.000 $68............864.... Funds are hereby authorized to be appropriated for 10 fiscal years beginning after September 30. Installation or Location Ansbach ..212. 2011..043......... Grafenwoehr ........ and military family 12 housing functions of the Department of Defense (other 13 than the military departments) in the total amount of 14 $3......................842...... Yokota Air Base . AUTHORIZATION OF APPROPRIATIONS..498........................669 Defense Agencies: Outside the United States Country Germany ...... (2) For military construction projects outside the United States authorized by section 2401(b)..... Amount $11.............000 $2.........000 $129..... in the 6 amount of $135..529..........000 $6...........000..476... Spangdahlem Air Base .....499............. Menwith Hill Station . ENERGY CONSERVATION PROJECTS................................030..... 2403......... 2402.. Vicenza .... $357....... Using amounts appropriated pursuant to the author- 3 ization of appropriations in section 2403(6)......000 $41. for mili11 tary construction...... Japan . United Kingdom 1 2 SEC.........000.......

$10.000. United States Code.723. (6) For energy conservation projects under chapter 173 of title 10. $50. United States Code. (7) For military family housing functions: (A) For support of military family housing (including functions described in section 2833 of title 10. $32. $135. 3374). (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10. (5) For architectural and engineering services and construction design under section 2807 of title 10.670 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (3) For unspecified minor military construction projects under section 2805 of title 10.000.468. United States Code.000.602.000.000. and the Homeowners Assistance Fund established under section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U. $399.S.964.C. (8) For the construction of increment 6 of the Army Medical Research Institute of Infectious Dis- † S 1867 ES .000. United States Code).000. United States Code. $3. United States Code.000. (B) For credits to the Department of Defense Family Housing Improvement Fund under section 2883 of title 10.

4689).671 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eases Stage I at Fort Detrick. $27.000. 2457). Maryland. as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84. 123 Stat.850. authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181. (11) For the construction of increment 3 of a National Security Agency data center at Camp Williams.000. California.600. (9) For the construction of increment 4 of replacement fuel storage facilities at Point Loma Annex. Defense-Wide project by title IX of the Supple- † S 1867 ES .000. 122 Stat. (10) For the construction of increment 4 of the United States Army Medical Research Institute of Chemical Defense replacement facility at Aberdeen Proving Ground. 2646). 122 Stat. $22. authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of Public Law 109–364. Utah.000. authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417. authorized as a Military Construction. 120 Stat. Maryland. $137. 521).

(12) For the construction of increment 3 of the hospital at Fort Bliss.201.000. authorized by section 2401(a) of this Act. authorized by section 2401(a) of this Act. $80.600. 123 Stat.500.000. Maryland. (15) For the construction of increment 1 of an ambulatory care center. $109. phase 3 at Fort Bliss.000. $123. authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84.000. (13) For the construction of increment 1 of a Mountainview operations facility at Buckley Air Force Base. Texas. † S 1867 ES . authorized by section 2401(a) of this Act.400.672 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 mental Appropriations Act.432. Colorado. (14) For the construction of increment 1 of an ambulatory care center at Joint Base Andrews. Texas. $70. 1888). 2009 (Public Law 111– 32.000. 2642). $121. 123 Stat.

110 Stat.312. $15. 2011. 2698). for mili8 tary construction and land acquisition for chemical demili9 tarization in the total amount of $75. DEFENSE-WIDE. section 2407 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314. 116 Stat. AUTHORIZATION OF APPROPRIATIONS. CHEMICAL DEMILITARIZATION CONSTRUCTION.000. 122 Stat. Colorado.338. and section 2413 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417. 4697). Funds are hereby authorized to be appropriated for 7 fiscal years beginning after September 30. as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) For the construction of phase 13 of a chemical munitions demilitarization facility at Pueblo Chemical Activity. † S 1867 ES . 839). authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201. 2775). 2411. as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 65.673 1 2 3 4 5 6 Subtitle B—Chemical Demilitarization Authorizations SEC. 113 Stat.000.

2412. Amounts previously authorized for military construc- 21 tion.000. 122 Stat. as amended by section 2405 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107. 115 Stat. land acquisition. 1298). section 2414 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417. 4697).674 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (2) For the construction of phase 12 of a munitions demilitarization facility at Blue Grass Army Depot. and section 2412 of the Military Construction Authorization Act for Fiscal Year 2011 (division B Public Law 111–383. REDUCTION OF DEFENSE AGENCIES MILITARY CONSTRUCTION AUTHORIZATION. 124 Stat. † S 1867 ES .974. and military family housing func22 tions of the Department of Defense (other than the mili23 tary departments) for fiscal years prior to fiscal year 2012 24 are hereby reduced by $131. 113 Stat. section 2405 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107–314. authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65. 835).000. $59.000. Kentucky. 4450). 2698). 116 Stat. SEC.

AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for 17 fiscal years beginning after September 30.611. NATO. United States Code. in the amount of $240. The Secretary of Defense may make contributions for 8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10. 2502.675 1 2 3 4 5 6 7 TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM SEC. 2501. 15 16 SEC. for the share of the United 20 States of the cost of projects for the North Atlantic Treaty 21 Organization Security Investment Program authorized by 22 section 2501. † S 1867 ES .000. for con18 tributions by the Secretary of Defense under section 2806 19 of title 10. 2011. 10 United States Code. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. in an amount not to exceed the sum 11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States.

. Arkansas ..... Nebraska .......... Papago Military Reservation ..................... District of Columbia Florida ... Camp Shelby ....................000 $15......................................000 $49....000 $10................................................000 $38.....................................................500.500......000 $3................... Nevada .000 $23.........................300....... set forth in the fol12 lowing table: Army National Guard: Inside the United States State Location Amount Alabama ...................................000 $9........................................................676 1 2 3 4 5 6 TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES SEC................... Brunswick ...............600.... Anacostia .................200..................................................................... Camp Ripley ...000 $17.............000 $22.................................... Westminster .....................160..................... $16........ Indiana ..000....000 $33. Mississippi ......................................... Indianapolis .............000 $64..........100......... Massachusetts .......................... 2601................000 $3........................... Camp Blanding ............ Maine .. Colorado .—Using amounts 7 appropriated pursuant to the authorization of appropria8 tions in section 2606(1).... Fort Chafee ........000 $9......................000 $6........... Alamosa ....000........600......................................... Minnesota .........000 $14...........000..........................500.................... Hawaii ........................................... AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION PROJECTS.....................................................................000 $5....................000 $23................400........................000 $3......................................000 $43..............000 .......................000 $10....... Macon ..................000..............000 $11.................................... † S 1867 ES Fort McClellan . Arizona .............................. New Jersey ............. Illinois .....700........ and in the amounts.............. California ....000 $17.......................000 $9.. Georgia ..... Las Vegas ..... Maryland ............400.000.....000...700............. Dundalk ............................... Natick ...800................................................000.......500.. Camp Roberts ....................................................000 $5........................................ New Mexico .......................................... Bangor . Aurora ................................000............................. Atlanta .................... Hinesville ..................... Grand Island .000.... the Secretary of the Army may 9 acquire real property and carry out military construction 10 projects for the Army National Guard locations inside the 11 United States... Mead ... Camp Atterbury ......................... Greensboro ...................000 $5..000 $8............900.000 $8...000 $81........600..... Kalaeloa ..... AND LAND ACQUISITION (a) INSIDE THE UNITED STATES....... La Plata ... Santa Fe .......... North Carolina .000.............. Normal ..........................500.....000........................................................... Fort Carson .............000 $25.............000 $16............ Camp San Luis Obispo ....................................... Lakehurst ..000......400.

.800.....200............... AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS...000 $13.................000 $4.......... South Carolina ....... Camp Williams ..............000 .. Wyoming ........ Fort Buchanan ............... † S 1867 ES Fort Hunter Liggett .........000 $6.............. the Secretary 12 of the Army may acquire real property and carry out mili13 tary construction projects for the Army Reserve locations 14 inside the United States.................................000 8 9 10 SEC..000... 2602.................. Virginia ........ Camp Gruber ................................................ Fort Collins .... Buckhannon ....... set forth in the 7 following table: Army National Guard: Outside the United States Country Location Amount Puerto Rico ............. $13...000 $8.... West Virginia .............. Utah ................ set forth 15 in the following table: Army Reserve State Location Amount California ...300..................... Colorado ........................... $57..................................—Using amounts 2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1).........000 $7............................. Cheyenne .................. Fort Pickett ..... and in the amounts......................... The Dalles .........000...000 $13..................000.... Oregon ..500.....600.. Using amounts appropriated pursuant to the author- 11 ization of appropriations in section 2606(2).............900.........000 $11.................................... $5......... and in the amounts.................. Allendale .. the Secretary of the Army may 4 acquire real property and carry out military construction 5 projects for the Army National Guard locations outside 6 the United States... Wisconsin ............................................................................. Camp Williams ..............361....000..........000 $10.....677 Army National Guard: Inside the United States—Continued State Location Amount Oklahoma .................000 1 (b) OUTSIDE THE UNITED STATES.......................

..300.......................000............... set forth in the following table: Navy Reserve and Marine Corps Reserve State Location Amount Pennsylvania .. 2604.............................000 $11... Pittsburgh ................................................ Minnesota ....000 $57........ New York .........949...000 $22......... Weldon Springs ..... $13...........759.. Orangeburg . Kansas City .. Kansas . Missouri ..........................000 10 11 12 SEC....................... Saint Joseph ...000 $12.......... Massachusetts ...............................000 $13...................000.. Fort Benjamin Harrison ................... 2603............... Using amounts appropriated pursuant to the author- 5 ization of appropriations in section 2606(3).......000.......000 $12........................................... Rockford ...............000............... Wisconsin ............................. Memphis ... the Secretary 6 of the Navy may acquire real property and carry out mili7 tary construction projects for the Navy Reserve and Ma8 rine Corps Reserve locations inside the United States..................000 1 2 3 4 SEC.......... North Carolina .............. Tennessee ......................000 $20............. $16............. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.....000...............800......................................... South Carolina ..000 $19...... AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS................................ Indiana ..........000 $19. Greensboro ...000 $7.. Homewood ................... Schenectady ..000....... Attleboro ..............800..................................................678 Army Reserve—Continued State Location Amount Illinois ..............000................ Using amounts appropriated pursuant to the author- 13 ization of appropriations in section 2606(4).......... the Secretary 14 of the Air Force may acquire real property and carry out 15 military construction projects for the Air National Guard † S 1867 ES ..............000 $27.. Fort McCoy ...........................000.................... and 9 in the amounts.........

........ Fort Wayne International Airport ...............000 $4.000 $6. NA- TIONAL GUARD AND RESERVE...........000 $4...........000 $7.. 2 set forth in the following table: Air National Guard State Location Amount California ... under chapter 18 1803 of title 10.... Joint Base Pearl Harbor-Hickam ................... Charleston Air Force Base ... $6...........700.000 $9.............. Ohio .. Springfield Beckley-Municipal Airport ...393............ 10 set forth in the following table: Air Force Reserve State Location Amount California .. and in the amounts....... AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS......................... Otis Air National Guard Base .... and in the amounts........ Funds are hereby authorized to be appropriated for 14 fiscal years beginning after September 30.......... Massachusetts .. for the 15 costs of acquisition...........900.. 2011.........000 $26..000 3 4 5 SEC..... 16 and construction of facilities for the Guard and Reserve 17 Forces............. United States Code (including the cost † S 1867 ES ...... Martin State Airport ......000. the Secretary 7 of the Air Force may acquire real property and carry out 8 military construction projects for the Air Force Reserve 9 locations inside the United States............. 2605.... Moffett Field ......... AUTHORIZATION OF APPROPRIATIONS...................... Indiana ..000 11 12 13 SEC....................800....... 2606....... Hawaii ..............100....... and for contributions therefor.593....521...................... March Air Force Base ...000 $39...... Using amounts appropriated pursuant to the author- 6 ization of appropriations in section 2606(5)..... South Carolina ....... architectural and engineering services....... $16. Maryland .......679 1 locations inside the United States... Beale Air Force Base ..000.

shall remain in effect until October 1.000.592. 23 2012. 2607. $116. for the Air National Guard of the United States. in the following 2 amounts: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (1) For the Department of the Army. † S 1867 ES .000. the authorization set forth in the table in subsection 21 (b). $26. SEC. for the Army Reserve.299. (3) For the Department of the Navy. (5) For the Department of the Air Force. or the date of the enactment of an Act authorizing 24 funds for military construction for fiscal year 2013. for the Navy and Marine Corps Reserve. 122 Stat. which25 ever is later.000. $280. (a) EXTENSION. (2) For the Department of the Army.—Notwithstanding section 2002 of 18 the Military Construction Authorization Act for Fiscal 19 Year 2008 (division B of Public Law 110–181. (4) For the Department of the Air Force. as provided in section 2601 and 2604 of that Act (122 22 Stat.549. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2008 PROJECTS.000.620.680 1 of acquisition of land for those facilities).000.246. for the Air Force Reserve. for the Army National Guard of the United States. $773. 20 503). $33. 527–528).

as provided in sections 2601.. $ 8.000 $11....000 3 4 5 SEC..........000 Air National Guard: Extension of 2009 Project Authorization State Installation or Location Project Amount Mississippi .... and 2603 10 of that Act. 14 (b) TABLES.400... Elko ....... 122 Stat. $3.. Gulfport-Biloxi International Airport .... 11 or the date of the enactment of an Act authorizing funds 12 for military construction for fiscal year 2013....... the authorization set forth in the tables in sub9 section (b)..300....681 1 (b) TABLE...... EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2009 PROJECTS... Multipurpose Machine Gun Range .. Readiness Center .........—The tables referred to in subsection (a) 15 are as follows: Air National Guard: Extension of 2009 Project Authorizations State Installation or Location Project Amount Indiana ........ $5..—Notwithstanding section 2002 of 6 the Military Construction Authorization Act for Fiscal 7 Year 2009 (division B of Public Law 110–417......800............—The table referred to in subsection (a) 2 is as follows: Army National Guard: Extension of 2008 Project Authorization State Installation or Location Project Amount Pennsylvania . Coatesville ......... Camp Atterbury .375. whichever 13 is later..000 † S 1867 ES ... 2608....... Relocate munitions storage complex .. 2602....... 8 4658)...... (a) EXTENSION. Nevada . Readiness Center ..... 2012.......... shall remain in effect until October 1.

... 122 Stat.000 Navy Reserve and Marine Corps Reserve: Extension of 2009 Project Authorization State Installation or Location Project Amount Delaware .000 1 2 3 SEC.. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990... 2011...... Army Reserve Center $18.....550... Wilmington .... as author† S 1867 ES . for construc7 tion of an Army Reserve Center... In the case of the authorization contained in the table 4 in section 2601(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2009 (division B of Public Law 6 110–417. 4701) for Elko.. 10 11 12 13 14 15 16 TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES SEC...682 Air Reserve: Extension of 2009 Project Authorization State Installation or Location Project Amount New York .. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2009 PROJECT. 2609...... 2701....530.. including real property 19 acquisition and military construction projects....... Staten Island . Nevada. Funds are hereby authorized to be appropriated for 17 fiscal years beginning after September 30....... Armed Forces Reserve Center ... Nevada.... for base 18 closure and realignment activities.... $11. the Secretary of the 8 Army may instead construct the Army Reserve Center at 9 Carlin....

$70. 2687 note) and 24 funded through the Department of Defense Base Closure † S 1867 ES . Using amounts appropriated pursuant to the author- 18 ization of appropriations in section 2703.476.C. SEC. the Secretary 19 of Defense may carry out base closure and realignment 20 activities.S. 2687 note) and funded through the Department 4 of Defense Base Closure Account 1990 established by sec5 tion 2906 of such Act. $123.351. (2) For the Department of the Navy. $129. 10 U.C.000. including real property acquisition and military 21 construction projects.000. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.716. 2702.000.543.000. as follows: 7 8 9 10 11 12 13 14 15 16 17 (1) For the Department of the Army.S. 3 10 U. (3) For the Department of the Air Force. as authorized by the Defense Base 22 Closure and Realignment Act of 1990 (part A of title 23 XXIX of Public Law 101–510. in the total amount of 6 $323.683 1 ized by the Defense Base Closure and Realignment Act 2 of 1990 (part A of title XXIX of Public Law 101–510.

190. as author11 ized by the Defense Base Closure and Realignment Act 12 of 1990 (part A of title XXIX of Public Law 101–510. $25. (4) For the Defense Agencies. $229. † S 1867 ES .000. (3) For the Department of the Air Force. 2687 note) and funded through the Department 14 of Defense Base Closure Account 2005 established by sec15 tion 2906A of such Act. $1.684 1 Account 2005 established by section 2906A of such Act. 3 4 5 6 7 SEC.776. including real property 10 acquisition and military construction projects.C. 13 10 U. $1.776.791.000 as follows: 17 18 19 20 21 22 23 (1) For the Department of the Army. (2) For the Department of the Navy.829. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.S.966.000. 2 in the amount of $258. 2703.000. Funds are hereby authorized to be appropriated for 8 fiscal years beginning after September 30. for base 9 closure and realignment activities.000. in the total amount of 16 $258.000. 2011.

10 U.C.000.—Upon a determination by the Secretary of a military department. 2801. 2687 11 note) and funded through the Department of Defense 12 Base Closure Account 1990 established by section 2906 13 of such Act for fiscal years prior to fiscal year 2012 are 14 hereby reduced by $100. 2704. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY. 15 16 17 18 19 20 21 22 23 TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A—Military Construction Program and Military Family Housing Changes SEC. as authorized by the 9 Defense Base Closure and Realignment Act of 1990 (part 10 A of title XXIX of Public Law 101–510.— 25 26 (1) AUTHORITY. including real property acquisition 8 and military construction projects. (a) AUTHORITY TO TRANSFER AUTHORIZATION OF 24 APPROPRIATIONS. REDUCTION OF MILITARY CONSTRUCTION AUTHORIZATION FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES AUTHORIZED THROUGH THE DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990.685 1 2 3 4 5 6 SEC. Amounts previously authorized for base closure and 7 realignment activities.000.S. or with respect † S 1867 ES .

—The authority provided by this sec- 18 tion to transfer authorizations may only be used to fund 19 increases in the cost of military construction projects that 20 have been authorized by law.000.—A 22 transfer made from one account to another under the au23 thority of this section shall be deemed to increase the 24 amount authorized for appropriation for the account to † S 1867 ES .000. that such action is necessary in the national interest. (2) AGGREGATE LIMIT.—The aggregate amount of authorizations that the Secretaries concerned may transfer under the authority of this section may not exceed $400. the Secretary of Defense. the Secretary concerned may transfer amounts of authorization of appropriations made available to that military department or Defense Agency in this division for fiscal year 2012 between any such authorization of appropriations for that military department or Defense Agency for that fiscal year. 21 (c) EFFECT ON AUTHORIZATION AMOUNTS.686 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 to the Defense Agencies. (b) LIMITATION. Amounts of authorization of appropriations so transferred shall be merged with and be available for the same purposes as the authorization of appropriations to which transferred.

EXTENSION OF TEMPORARY. LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.687 1 which the amount is transferred by an amount equal to 2 the amount transferred. 117 14 Stat. 3 (d) NOTICE TO CONGRESS. by striking ‘‘fiscal year 2011’’ and inserting ‘‘fiscal year 2012’’.—Section 12 2808 of the Military Construction Authorization Act for 13 Fiscal Year 2004 (division B of Public Law 108–136. 7 8 9 10 11 SEC. and (2) in subsection (h)— (A) in paragraph (1). † S 1867 ES . 124 Stat.—The Secretary con- 4 cerned shall promptly notify the congressional defense 5 committees of each transfer made by that Secretary under 6 subsection (a). by striking ‘‘September 30. by striking ‘‘fiscal year 2012’’ and inserting ‘‘fiscal year 2013’’. and (B) in paragraph (2). 17 4459). 2012’’. is amended— 18 19 20 21 22 23 24 25 (1) in subsection (c)(2). 2011’’ and inserting ‘‘September 30. as most recently amended by section 2804 15 of the Military Construction Authorization Act for Fiscal 16 Year 2011 (division B of Public Law 111–383. 2802. 1723). (a) ONE-YEAR EXTENSION OF AUTHORITY.

688 1 2 (b) MODIFICATION OF QUARTERLY REPORTING RE- QUIREMENT. United States Code. (c) TECHNICAL AMENDMENTS.—Subsection (g) of such section is amend- 3 ed— 4 5 6 7 8 9 (1) by striking ‘‘QUARTERLY REPORTS the subsection heading. (2) by striking ‘‘the report for a fiscal-year quarter under subsection (d) or’’. 2803. CLARIFICATION OF AUTHORITY TO USE THE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND FOR MINOR CONSTRUCTION AND ALTERATION ACTIVITIES AT THE PENTAGON RESERVATION.—Subsections (a) and OR’’ in 10 (i) of such section are amended by striking ‘‘Combined 11 Task Force-Horn of Africa’’ each place it appears and in12 serting ‘‘Combined Joint Task Force-Horn of Africa’’. Section 2674(e)(4) of title 10. and (2) by adding at the end the following new subparagraph: † S 1867 ES . and (3) by striking ‘‘report or’’. 19 is amended— 20 21 22 23 24 (1) by striking ‘‘The authority’’ and inserting ‘‘(A) Except as provided in subparagraph (B). 13 14 15 16 17 18 SEC. the authority’’.

United States Code. to carry out a land acquisition’’ and inserting ‘‘to any eligible entity who agrees. and (B) in paragraph (1). in exchange for the real property. EXCHANGE OF PROPERTY AT MILITARY INSTALLATIONS. and (2) in subsection (a)— (A) in the subsection heading. by striking ‘‘Conveyance of property at military installations to limit encroachment’’ and inserting ‘‘Exchange of property at military installations’’.689 1 ‘‘(B) The Secretary may use monies from the Fund 2 to support construction or alteration activities at the Pen3 tagon Reservation within the limits stated in section 2805 4 of this title. by striking ‘‘CONVEYANCE AUTHORIZED. CONSIDERATION’’ and inserting ‘‘EXCHANGE AUTHORIZED’’. in exchange for the real property. title.—Section 2869 of title 10 10.’’. (a) EXCHANGE AUTHORITY. is amended— 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in the section heading. to transfer to the United States all right. 5 6 7 8 9 Subtitle B—Real Property and Facilities Administration SEC. and interest of † S 1867 ES . by striking ‘‘to any person who agrees. 2811.

Exchange of property at military installations. an QUIREMENTS. (c) CLERICAL AMENDMENT.—The table of sections 10 at the beginning of chapter 169 of such title is amended 11 by striking the item relating to section 2869 and inserting 12 the following new item: ‘‘2869.690 1 2 3 4 the entity in and to a parcel of real property. † S 1867 ES . including any improvements thereon under their control. or to carry out a land acquisition’’. (a) INAPPLICABILITY QUIREMENTS.—Such section is 5 further amended— 6 7 8 9 (1) by striking subsection (f). CLARIFICATION OF AUTHORITY TO LIMIT ENCROACHMENTS.—Notwithstanding 20 agreement under this section that is a cooperative agree21 ment or a grant may be used to acquire property or serv22 ices for the direct benefit or use of the United States Gov23 ernment.’’.—Subsection OF CERTAIN CONTRACT RE- (c) of section 2684a of title 10. 13 14 15 16 SEC.’’. 2812. (b) EXTENSION OF AUTHORITY. is amended to read as follows: 18 19 ‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT REchapter 63 of title 31. 17 United States Code. and (2) by redesignating subsections (g) and (h) as subsections (f) and (g). respectively.

and the monitoring and enforcement of any right.’’ after ‘‘resources on’’. (B) by inserting ‘‘and monitoring and enforcement’’ after ‘‘natural resource management’’.’’.691 1 2 AND (b) ACQUISITION AND ACCEPTANCE OF PROPERTY INTERESTS. and any interest shall be applied for the same purposes as the principal. or interest in. and (C) by adding at the end the following: ‘‘Any such payment by the United States— ‘‘(A) may be paid in a lump sum and include an amount intended to cover the future costs of natural resource management and monitoring and enforcement. and ‘‘(B) shall be placed by the eligible entity in an interest-bearing account.—Subsection (d) of such section is 3 amended— 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) in paragraph (3)— (A) by inserting ‘‘. (B) by inserting after the first sentence the following: ‘‘No such requirement need be included in the agreement if the property or in- † S 1867 ES . title. and (2) in paragraph (5)— (A) inserting ‘‘(A)’’ after ‘‘(5)’’.

’’.692 1 2 3 4 5 6 7 8 9 10 11 12 terest is being transferred to a State. should 23 it be proposed that the property or interest concerned be 24 developed or used in a manner not appropriate for pur25 poses of this section. 19 to the satisfaction of the Secretary concerned. and (C) by adding at the end the following new subparagraph: ‘‘(B) Notwithstanding subparagraph (A). Such 22 memorandum of agreement shall also provide that. and the Secretary concerned determines that the laws and regulations applicable to the future use of such property or interest provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section. or the agreement requires it to be subsequently transferred to a State. including declaring the property to † S 1867 ES . for the 20 management of the property or interest concerned in a 21 manner appropriate for purposes of this section. the Secretary concerned and that Federal official 18 shall enter into a memorandum of agreement providing. if all or a 13 portion of the property or interest acquired under the 14 agreement is subsequently transferred to the United 15 States and administrative jurisdiction over the property 16 is under a Federal official other than a Secretary con17 cerned.

upon such a request being made. DEPARTMENT OF DEFENSE CONSERVATION AND CULTURAL ACTIVITIES. 5 and. and (2) by adding at the end the following new subparagraph: ‘‘(F) The implementation of ecosystem-wide land management plans— ‘‘(i) for a single ecosystem that encompasses at least two non-contiguous military installations. and ‘‘(ii) providing synergistic benefits unavailable if the installations acted separately.’’. † S 1867 ES . the Secretary concerned 3 may request that administrative jurisdiction over the prop4 erty be transferred to the Secretary concerned at no cost. the administrative 6 jurisdiction over the property shall be transferred accord7 ingly.’’. Section 2694(b)(2) of title 10.693 1 be excess to the agency’s needs or proposing to exchange 2 the property for other property. by inserting ‘‘and sustainability’’ after ‘‘safety’’. 11 is amended— 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) in subparagraph (B). United States Code. 8 9 10 SEC. 2813. if those military installations are not all under the administrative jurisdiction of the same Secretary of a military department.

2689) is amended by inserting before 15 the period at the end the following: ‘‘. LAND CONVEYANCE AND EXCHANGE.— (1) MUNICIPALITY OF ANCHORAGE. ALASKA. HAWAII. 357). 2821. 2685) is amended by striking ‘‘to be 7 acquired by the United States of America’’ and inserting 8 ‘‘to be acquired by the Military Department of Arkansas’’. convey to the Municipality † S 1867 ES . 109 Stat. 123 Stat. JOINT BASE ELMENDORF RICHARDSON. Section 2856(a) of the Military Construction Author- 13 ization Act for Fiscal Year 2010 (division B of Public Law 14 111–84. 9 10 11 12 SEC. (a) CONVEYANCES AUTHORIZED. or for disposal under applicable laws’’. 20 21 22 23 24 25 SEC. RELEASE OF REVERSIONARY INTEREST. 2822. ROBINSON.694 1 2 3 4 Subtitle C—Land Conveyances SEC. CLARIFICATION OF LAND CONVEYANCE AUTHORITY. before the property 16 or portion thereof is made available for transfer pursuant 17 to the Hawaiian Home Lands Recovery Act (title II of 18 Public Law 104–42. in consultation with the Secretary of the Interior.—The Sec- retary of the Air Force may. for use by any other 19 Federal agency. CAMP JOSEPH T. ARKANSAS. 123 Stat. CAMP CAITLIN AND OHANA NUI AREAS. Section 2852 of the Military Construction Authoriza- 5 tion Act for Fiscal Year 2010 (division B of Public Law 6 111–84. 2823.

S.. including reclamation thereof.C. title. INC.695 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of Anchorage (in this section referred to as the ‘‘Municipality’’) all right.—The Secretary of the Air Force may. including any improvements thereon. 1601 et seq. and for alternative energy production. convey to Eklutna all right. North Anchorage Land Agreement is amended by the parties thereto to specifically permit the conveyance under this subparagraph. (2) EKLUTNA. 1982. Alaska. upon terms mutually agreeable to the Secretary of the Air Force and Eklutna. and other related activities. for solid waste management purposes. This authority may not be exercised unless and until the March 15. and interest of the United States in and to all or any part of a parcel of real property. including any improvements thereon.. title. and interest of the United States in and to all or any part of a parcel of real property. an Alaska Native village corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.) (in this section referred to as ‘‘Eklutna’’). Inc. consisting of approximately 130 † S 1867 ES . in consultation with the Secretary of the Interior. consisting of approximately 220 acres at JBER situated to the west of and adjacent to the Anchorage Regional Landfill in Anchorage.

696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acres situated on the northeast corner of the Glenn Highway and Boniface Parkway in Anchorage. (b) CONSIDERATION. the Secretary of the Air Force shall receive in-kind solid waste management services at the Anchorage Regional Landfill or such other consideration as determined satisfactory by the Secretary equal to at least fair market value of the property conveyed.— (1) MUNICIPALITY PROPERTY. (2) EKLUTNA PROPERTY. Alaska.—As consider- ation for the conveyance under subsection (a)(1).—As consideration for the conveyance under subsection (a)(2). (3) RIGHT TO WITHHOLD TRANSFER.—The Secretary may withhold transfer of any portion of the real property described in paragraphs (1) and (2) based on public interest or military mission requirements. the Secretary of the Air Force is authorized to receive. or such other property as may be identified in consultation with the Secretary of the Interior. upon terms mutually agreeable to the Secretary and Eklutna. for any use compatible with JBER’s current and reasonably foreseeable mission as determined by the Secretary of the Air Force. such interests in the surface estate of real † S 1867 ES .

to carry out the conveyances under subsection (a). and any other administrative costs related to the conveyance. costs for environmental documentation. † S 1867 ES .697 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property owned by Eklutna and situated at the northeast boundary of JBER and other consideration as considered satisfactory by the Secretary equal to at least fair market value of the property conveyed. as amounts in such fund or account. (2) TREATMENT OF AMOUNTS RECEIVED. (c) PAYMENT OF COSTS OF CONVEYANCE.— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance.— (1) PAYMENT REQUIRED. or to reimburse the Secretary for costs incurred by the Secretary. and subject to the same conditions and limitations. Amounts so credited shall be merged with amounts in such fund or account.—The Secretary of the Air Force shall require the Municipality and Eklutna to reimburse the Secretary to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary. including survey costs. and shall be available for the same purposes.

the Secretary of the Navy shall submit to the con23 gressional defense committees a plan to address the facili24 ties and infrastructure requirements at each public ship- † S 1867 ES . 17 18 19 20 21 Subtitle D—Other Matters SEC. and shall be available in 7 accordance with paragraph (5)(B) of such subsection.—Any OF CASH CONSIDERATION RE- cash payment received by the United 3 States as consideration for the conveyances under sub4 section (a) shall be deposited in the special account in the 5 Treasury established under subsection (b) of section 572 6 of title 40.—Not later than March 1.—The OR ADDITIONAL TERMS AND CONDI- Secretary may require such additional terms 14 and conditions in connection with the conveyances under 15 subsection (a) as the Secretary considers appropriate to 16 protect the interests of the United States.—The exact acreage 9 and legal description of the real property to be conveyed 10 under subsection (a) shall be determined by surveys satis11 factory to the Secretary. 8 (e) DESCRIPTION OF PROPERTY. United States Code. (a) PLAN REQUIRED. 12 13 (f) OTHER TIONS. 2831. 22 2012.698 1 2 (d) TREATMENT CEIVED. INVESTMENT PLAN FOR THE MODERNIZATION OF PUBLIC SHIPYARDS UNDER JURISDICTION OF DEPARTMENT OF THE NAVY.

(B) to ensure workplace safety. including the location. (3) An assessment of the adequacy of each facility— (A) to carry out efficient depot-level ship maintenance with modern technology and equipment. an assessment of the efficiency in the use of existing facilities to meet the workload. the classes of ships serviced.—The report required under subsection 4 (a) shall include the following elements: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) A description of the operations and support required at each shipyard under the control of the Secretary. and an estimate of the workload planned for each shipyard through the current Future Years Defense plan.699 1 yard under the jurisdiction of the Department of the 2 Navy. year constructed. and the average age of facilities at each location. (C) to support nuclear-related activities (where applicable). (2) A review of all workload requirements in the past 5 years. 3 (b) CONTENT. † S 1867 ES . number of personnel assigned.

(7) An investment strategy planned for each shipyard to correct deficiencies identified in paragraph (4). (5) A description and cost estimate for each project to improve. and timelines through the future years defense plan to meet the requirements of the minimum capital investment † S 1867 ES .700 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (D) to maintain the quality of life of the workforce. or modernize facilities or infrastructure. (4) An assessment of the existing condition of each facility at each shipyard to include a review of existing and projected deficiencies or inadequate conditions at each facility. repair. and whether any of the facilities listed are temporary structures. renovate. (6) A description of the facility improvements or new construction projects at each shipyard that would improve the efficiency of the facility’s operations or generate energy savings based upon a business case analysis. (8) A list of projects. including timelines to complete each project and cost estimates and timelines necessary to complete the projects identified in paragraph (6). costs. and (E) to meet the energy savings goals of the Secretary of the Navy for military installations.

a department. agency. unless that obligation is in accordance with the performance plan re- † S 1867 ES . agency. (B) UNDER PERFORMANCE PLAN. or any information systems technology used therein. 2832.—Dur- ing the period beginning on the date of the enactment of this Act and ending on May 1.— (1) LIMITATIONS.— (A) BEFORE PERFORMANCE PLAN. SEC. or component of the Department may not obligate funds for a data center. a department.—After May 1. (a) LIMITATIONS ON OBLIGATION OF FUNDS. data server farm. United States Code. 2012.701 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 percentage required under section 2476 of title 10. or component of the Department of Defense may not obligate funds for a data server. or data center unless approved by the Chief Information Officer of the Department of Defense or the Chief Information Officer of a component of the Department to whom the Chief Information Officer of the Department has specifically delegated such approval authority. data server upgrade. DATA SERVERS AND CENTERS. 2012.

702 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 quired by subsection (b) and is approved as described in subparagraph (A). (2) REQUIREMENTS (A) BEFORE FOR APPROVALS. component.—An approval of the obligation of funds may not be granted under paragraph (1)(A) unless the official granting the approval determines. that existing resources of the agency. or element concerned cannot affordably or practically be used or modified to meet the requirements to be met through the obligation of funds. in writing.— PERFORMANCE PLAN. (B) UNDER PERFORMANCE PLAN. † S 1867 ES .—An ap- proval of the obligation of funds may not be granted under paragraph (1)(B) unless the official granting the approval determines that— (i) existing resources of the Department do not meet the operation requirements to be met through the obligation of funds. and (ii) the proposed obligation is in accordance with the performance standards and measures established by the Chief Information Officer of the Department under subsection (b).

—Not later than January 15. (b) PERFORMANCE PLAN SOURCES TERS.—Not later than 30 days after the end of each calendar quarter. attendant support tech- nologies.703 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) REPORTS. † S 1867 ES .— GENERAL. each Chief Information Officer of a component of the Department who grants an approval under paragraph (1) during such calendar quarter shall submit to the Chief Information Officer of the Department a report on the approval or approvals so granted during such calendar quarter.— FOR REDUCTION OF RE- REQUIRED FOR DATA SERVERS AND CEN- (1) COMPONENT (A) IN PLANS. 2012. and operations within data centers. the Secretaries of the military departments and the heads of the Defense Agencies shall each submit to the Chief Information Officer of the Department a plan for the department or agency concerned to achieve the following: (i) A reduction in the square feet of floor space devoted to information systems technologies.

(iv) A reduction in the investment for capital infrastructure or equipment required to support data centers as measured in cost per megawatt of data storage.—The OF REQUIRED ELE- Chief Information Officer of the Department shall specify the particular performance standards and measures and implementation elements to be included in the plans † S 1867 ES . associated with the operation of data servers and data centers. information systems technologies. (v) A reduction in the number of commercial and government developed applications running on data servers and within data centers.704 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (ii) A reduction in the use of all utilities necessary to power and cool information systems technologies and data centers. (iii) An increase in multi-organizational utilization of data centers. and in the cost of labor. and associated resources. (vi) A reduction in the number of government and vendor provided full-time equivalent personnel. (B) SPECIFICATION MENTS.

the Chief Information Officer of the Department shall submit to the congressional defense committees a performance plan for a reduction in the resources required for data centers and information systems technologies Department-wide. 2012. † S 1867 ES . (B) ELEMENTS.— GENERAL. (2) DEFENSE-WIDE (A) IN PLAN. including performance standards and measures for data centers and information systems technologies. goals and schedules for achieving such matters.705 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 submitted under this paragraph.—The performance plan required under this paragraph shall include the following: (i) A Department-wide performance plan for achieving the matters specified in paragraph (1)(A). and an estimate of cost savings anticipated through implementation of the plan.—Not later than April 1. The plan shall be based upon and incorporate appropriate elements of the plans submitted under paragraph (1). including specific goals and schedules for achieving the matters specified in subparagraph (A).

and mobile device virtualization. capacity. usage. (II) Transitioning to cloud computing. (III) Migration of Defense data government-provided services from Department-owned and operated data centers to cloud computing services generally available within the private sector that provide a better capability at a lower cost with the same or greater degree of security. energy efficiency and utilization.706 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and (ii) A Department-wide strategy for each of the following: (I) Desktop. accompanied with the aggregate data for each data center site in use by the Department in excess of † S 1867 ES . (IV) Utilization of private sectormanaged security services for data centers and cloud computing services. cost. laptop. power and cooling): age. (V) A finite set of metrics to accurately and transparently report on data center infrastructure (space.

— † S 1867 ES .707 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 100 kilowatts of information technology power demand. (3) RESPONSIBILITY.—The Chief Information Officer of the Department shall discharge the responsibility for establishing performance standards and measures for data centers and information systems technologies for purposes of this subsection. 24 (d) REPORTS ON COST SAVINGS.—The Chief Information Officer of 17 the Department and the Chief Information Officer of the 18 Office of the Director of National Intelligence may jointly 19 exempt from the applicability of this section such intel20 ligence components of the Department of Defense (and the 21 programs and activities thereof) that are funded through 22 the National Intelligence Program (NIP) as the Chief In23 formation Officers consider appropriate. Such responsibility may not be delegated. power and cooling) through use of modular data center technology and integrated data center infrastructure management software. (c) EXCEPTION. (VI) Transitioning to just-in-time delivery of Department-owned data center infrastructure (space.

—Section 2867 of the Military 24 Construction Authorization Act for Fiscal Year 1997 (di25 vision B of Public Law 104–201. the term ‘‘appro- priate committees of Congress’’ means— (A) the Committee on Armed Services. the Chief Information Officer of the Department shall submit to the appropriate committees of Congress a report on the cost savings. and the Select Committee on Intelligence of the Senate. 2806). and ending in fiscal year 2016. and the Permanent Select Committee on Intelligence of the House of Representatives. the Committee on Appropriations. and (B) the Committee on Armed Services.—Not later than March 1 of each fiscal year. 2833. (a) REDESIGNATION. cost reductions. as of the date of such report as a result of activities undertaken under this section. cost avoidances. as † S 1867 ES . the Committee on Appropriations. 110 Stat. and performance gains achieved.708 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) IN GENERAL. SEC. (2) APPROPRIATE DEFINED. and anticipated to be achieved.—In COMMITTEES OF CONGRESS this subsection. REDESIGNATION OF MIKE O’CALLAGHAN FEDERAL HOSPITAL IN NEVADA AS MIKE O’CALLAGHAN FEDERAL MEDICAL CENTER.

MIKE O’CALLAGHAN FEDERAL MEDICAL CENTER. 3101.709 1 amended by section 8135(a) of the Department of Defense 2 Appropriations Act. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 8 (b) CONFORMING AMENDMENT. 1997 (section 101(b) of division A of 3 the Omnibus Consolidated Appropriations Act. 110 Stat.—The heading of 9 such section 2867 is amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ‘‘SEC. 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.—Funds 24 are hereby authorized to be appropriated to the Depart25 ment of Energy for fiscal year 2012 for the activities of † S 1867 ES . 1997 4 (Public Law 104–208.’’. 3009–118)). (a) AUTHORIZATION OF APPROPRIATIONS. is further 5 amended by striking ‘‘Mike O’Callaghan Federal Hos6 pital’’ each place it appears and inserting ‘‘Mike 7 O’Callaghan Federal Medical Center’’. 2867.

17 18 SEC. 3103. OTHER DEFENSE ACTIVITIES. SEC.481. † S 1867 ES . 3102.000. New Mexico. the Secretary of Energy 7 may carry out the following new plant project for the Na8 tional Nuclear Security Administration: 9 10 11 12 13 Project 12–D–301. 4 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 5 From funds referred to in subsection (a) that are available 6 for carrying out plant projects. Los Alamos. DEFENSE ENVIRONMENTAL CLEANUP. Transuranic (TRU) Waste Facility. Funds are hereby authorized to be appropriated to 14 the Department of Energy for fiscal year 2012 for defense 15 environmental cleanup activities in carrying out programs 16 as specified in the funding table in section 4601.710 1 the National Nuclear Security Administration in carrying 2 out programs as specified in the funding table in section 3 4601. Funds are hereby authorized to be appropriated to 19 the Department of Energy for fiscal year 2012 for other 20 defense activities in carrying out programs as specified in 21 the funding table in section 4601. $13. Los Alamos National Laboratory.

in conducting a review under paragraph (1). 4508. ‘‘(b) ELEMENTS. and Limitations SEC. 2659) is amended to read 8 as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘SEC.C. and annually thereafter.—Section 4508 of the Atomic En- 7 ergy Defense Act (50 U. review the security vulnerabilities of the computers of each national laboratory. the Secretary discovers a significant vulnerability in a national laboratory computer.S.711 1 2 3 4 5 6 Subtitle B—Program Authorizations. promptly notify the congressional defense committees of the vulnerability. ‘‘(a) IN GENERAL.—The Secretary of Energy shall— ‘‘(1) not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012. 3111.—A notification submitted under 23 subsection (a) with respect to a significant vulnerability 24 of a national laboratory computer shall include the fol25 lowing: † S 1867 ES . (a) IN GENERAL. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS. REVIEW OF SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS. and ‘‘(2) if. Restrictions.

4508.712 1 2 3 4 5 6 7 8 9 10 ‘‘(1) A description of the vulnerability. Review of security vulnerabilities of national laboratory computers. 13 (b) CLERICAL AMENDMENT. the term ‘national laboratory’ has the meaning 12 given that term in section 4502(g)(3). of such data. if any. ‘‘(4) A description of the actions taken to address the vulnerability.’’. of classified or unclassified data as a result of the vulnerability. ‘‘(c) NATIONAL LABORATORY DEFINED. ‘‘(2) An assessment of the loss.—In this 11 section.—The table of contents 14 for the Atomic Energy Defense Act is amended by striking 15 the item relating to section 4508 and inserting the fol16 lowing new item: ‘‘Sec. if any. † S 1867 ES . ‘‘(3) An assessment of the harm to national security or individual privacy resulting from the loss.’’.

and ‘‘(B) not later than 30 days after receiving that report. Section 3255(a) of the National Nuclear Security Ad- 8 ministration Act (50 U. submit to the congressional defense committees a report that includes— ‘‘(i) the results of the review conducted under subparagraph (A).C. 3112. REVIEW BY SECRETARY OF ENERGY AND SECRETARY GENERAL OF DEFENSE OF OF COMPTROLLER BUDGET RE- ASSESSMENT QUESTS WITH RESPECT TO THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. and ‘‘(II) whether the actual funding level for the fiscal year in which the report is submitted under this subparagraph is suf- . 2455(a)) is amended by add9 ing at the end the following new paragraph: 10 ‘‘(3) The Secretary of Energy shall.S. in consultation 11 with the Secretary of Defense— 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 † S 1867 ES ‘‘(A) review the report submitted by the Comptroller General under paragraph (2). ‘‘(ii) the views of the Secretary of Energy and the Secretary of Defense with respect to— ‘‘(I) the findings of the Comptroller General in the report submitted under paragraph (2).713 1 2 3 4 5 6 7 SEC.

714 1 2 3 4 5 6 7 8 ficient for the modernization of the nuclear security complex and the refurbishment of the nuclear weapons stockpile. 3113. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF THE FORMER SOVIET UNION. Of the amounts authorized to be appropriated and 9 made available for obligation under section 3101 for weap10 ons activities for any fiscal year before fiscal year 2013.000 of the funds authorized to 18 be appropriated by section 3101 and made available by 19 the funding table in section 4601 for defense nuclear non20 proliferation activities may be obligated or expended to es21 tablish a center of excellence in a country that is not a 22 state of the former Soviet Union until the date that is 23 15 days after the date on which the Administrator for Nu24 clear Security submits to the congressional defense com25 mittees a report that includes the following: † S 1867 ES . and ‘‘(iii) a description of any measures the Administration plans to take in response to the findings of the Comptroller General. 11 the Secretary of Energy may procure not more than one 12 aircraft. AIRCRAFT PROCUREMENT. 13 14 15 16 17 SEC. 3114. Not more than $500.’’. SEC.

RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING MUSEUM. (3) The agreement under which the center will operate. Section 3137 of the National Defense Authorization 17 Act for Fiscal Years 1992 and 1993 (42 U. (4) A funding plan for the center.C. by inserting ‘‘AND NATIONAL ATOMIC TESTING MUSEUM’’ after ‘‘ATOMIC MUSEUM’’. 3115.715 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (1) An identification of the country in which the center will be located. including— (A) the amount of funds to be provided by the government of the country in which the center will be located.—The museum operated by † S 1867 ES . and (2) by adding at the end the following new subsection: ‘‘(d) RECOGNITION AND STATUS OF NATIONAL 25 ATOMIC TESTING MUSEUM. 7142) 18 is amended— 19 20 21 22 23 24 (1) in the section heading. and (B) the percentage of the total cost of establishing and operating the center the funds described in subparagraph (A) will cover. SEC.S. (2) A description of the purpose for which the center will be established.

(a) IN GENERAL.716 1 the Nevada Test Site Historical Foundation and located 2 in Las Vegas. REPORT ON FEASIBILITY OF FEDERALIZING THE SECURITY PROTECTIVE FORCES CONTRACT GUARD WORKFORCE AT CERTAIN DEPARTMENT OF ENERGY FACILITIES.—Not later than one year after the 16 date of the enactment of this Act. and (2) the comments of the Comptroller General of the United States on that report required under subsection (b). Nevada— 3 4 5 6 7 8 9 10 11 12 13 14 15 ‘‘(1) is recognized as the official atomic testing museum of the United Sates. 3121. † S 1867 ES . the Secretary of Energy 17 and the Administrator for Nuclear Security shall jointly 18 submit to the congressional defense committees— 19 20 21 22 23 24 25 (1) a report on the feasibility of federalizing some or all of the security protective forces contract guard workforce at the facilities specified in subsection (d). ‘‘(2) shall be known as the ‘National Atomic Testing Museum’.’’. Subtitle C—Reports SEC. and ‘‘(3) shall have the sole right throughout the United States and its possessions to have and use the name ‘National Atomic Testing Museum’.

(3) An estimate of the immediate and projected costs of maintaining guards under contract status and of maintaining guards as full-time Federal employee. of full-time Federal employees.717 1 (b) COMMENTS BY COMPTROLLER GENERAL. a Federal police officer. (2) An estimate of the immediate and projected costs of any such conversion. 7 (c) ELEMENTS. (4) An assessment of the effects of any such conversion on security. † S 1867 ES . or a Federal protective service officer instead of a contract guard.—The 2 Secretary and the Administrator shall provide the draft 3 text of the report required by subsection (a)(1) to the 4 Comptroller General of the United States for review and 5 comment before submitting the report to the congressional 6 defense committees. including an analysis of the effects of using a Federal security guard.—The report required by subsection 8 (a)(1) shall include the following: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) An evaluation of the feasibility of converting the security protective forces contract workforce at the facilities specified in subsection (d) into a force made up. in whole or in part.

and (B) any comparably trained and equipped Federal force with comparable physical and other requirements. (B) maintaining the security protective forces contract workforce in its current form. (7) The views of the Secretary and the Administrator on the feasibility of— (A) converting the security protective forces contract workforce at the facilities specified in subsection (d) into a force made up.718 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of— (A) contract guards. in whole or in part. of full-time Federal employees. including benefits and overtime. and (C) instituting some or all of the changes recommended in the Implementation Plan for the 29 Recommendations of the Protective Force Career Options Study Group prepared pursuant to the Report of the Committee on (5) An estimate of the hourly and annual costs † S 1867 ES . (6) A comparison of similar conversions of large groups of contract workers to full-time Federal employees and an assessment of the potential benefits and challenges of such conversions.

Illinois. (6) The Lawrence Livermore National Laboratory and the Livermore Site Office. Livermore. (5) The Kansas City Plant and the Kansas City Site Office. Upton. (3) The Brookhaven National Laboratory and Brookhaven Site Office. Idaho Falls. 2010 (Public Law 111–118. New Mexico. (d) FACILITIES SPECIFIED. 111–230) accompanying the Department of Defense Appropriations Act. Argonne. Illinois. New York. 3409).—The facilities specified 6 in this subsection are the following: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) The Albuquerque National Nuclear Security Administration Service Center. Albuquerque. (4) The Idaho National Laboratory and the Idaho Site Office. Los Alamos. 123 Stat. (7) The Los Alamos National Laboratory and the Los Alamos Site Office. Idaho. † S 1867 ES . California. Chicago. and the Chicago Service Center. Kansas City.719 1 2 3 4 5 Appropriations of the House of Representatives (House Report No. New Mexico. (2) The Argonne National Laboratory and the Argonne Site Office. Missouri.

and the East Tennessee Technology Park of the Department of Energy. (14) The Portsmouth Gaseous Diffusion Plant. Ohio. Amarillo. Paducah. the Idaho Naval Reactors Facility. (10) The Oak Ridge National Laboratory. Richland. Washington. Oak Ridge. (13) The Pittsburgh Naval Reactors Office. Tennessee.720 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tory. New Mexico. and the Knolls Atomic Power Laboratory. and the Paducah Gaseous Diffusion Plant. the Oak Ridge Office of the Department of Energy. Nevada. (16) The Sandia National Laboratories and the Sandia Site Office. the Bettis Atomic Power Laboratory. (12) The Pantex Plant and Pantex Site Office. Kentucky. (17) The Savannah River Plant and the Savannah River Site Office of the Office of Environmental (8) The National Energy Technology Labora- † S 1867 ES . (11) The Office of Secure Transportation of the Department of Energy and associated field locations. Piketon. (9) The Nevada Site Office and the Nevada National Security Site. Albuquerque. (15) The Richland Operations Office and the Hanford Site. Texas.

Oak Ridge. (19) The National Savannah River Site Office and the Tritium Extraction Facility and Mixed Oxide Fuel Fabrication Facility of the National Nuclear Security Administration. (21) The Waste Isolation Pilot Plant.721 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Management of the Department of Energy. (22) The Y–12 Site Office and the Y–12 National Security Complex of the National Nuclear Security Administration. South Carolina. (a) IN GENERAL.—The Comptroller General of the 21 United States shall conduct a study of the value of and 22 the need for external regulation or external oversight of 23 the safety of nuclear operations and the design and con24 struction of nuclear facilities at the Department of Energy † S 1867 ES . Aiken. (20) The Strategic Petroleum Reserve Project Office and the Strategic Petroleum Reserve Sites. Tennessee. COMPTROLLER GENERAL STUDY ON OVERSIGHT OF DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES. Carlsbad. South Carolina. SEC. Aiken. Aiken. New Mexico. 3122. (18) The Savannah River National Laboratory. South Carolina.

722 1 defense nuclear facilities to protect the public health and 2 safety.—The study required by subsection 4 (a) shall include the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) An assessment of the value of and the need for external regulation or external oversight. (2) An assessment of the ability of existing regulatory authorities to regulate safety at the Department of Energy defense nuclear facilities. (4) An assessment of the current functions of the Board and whether those functions should be modified or amended. (3) An assessment of the ability of the Defense Nuclear Facilities Safety Board to regulate safety at the Department of Energy defense nuclear facilities. including whether the Department of Energy should pay an oversight fee to the Board. (5) An assessment of the relative advantages and disadvantages to the Department of Energy and the public of— † S 1867 ES . or a combination of both. of the safety of nuclear operations and the design and construction of nuclear facilities at the Department of Energy defense nuclear facilities. 3 (b) ELEMENTS.

or (ii) be transferred to the jurisdiction of an outside regulatory authority. (8) For any existing Department of Energy defense nuclear facilities that the Comptroller General recommends should be transferred to the jurisdiction of an outside regulatory authority— † S 1867 ES . or (B) replacing the oversight functions of the Board with external regulation of some or all of the Department of Energy defense nuclear facilities. and (B) the basis for the recommendations of the Comptroller General.723 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) continuing the oversight functions of the Board. (7)(A) A list of each existing Department of Energy defense nuclear facility or activity relating to such a facility that the Comptroller General recommends should— (i) remain within the oversight jurisdiction of the Board for a period of time or indefinitely. (6) A list of all existing or planned Department of Energy defense nuclear facilities that are similar to facilities under the regulatory jurisdiction of the Nuclear Regulatory Commission.

and (B) whether the regulatory authority should be an existing or new regulatory authority. (9) A list of any proposed Department of Energy defense nuclear facilities and a recommendation of the Comptroller General with respect to whether each such facility— (A) should come under the oversight jurisdiction of the Board or be transferred to the jurisdiction of an outside regulatory authority. (10) An assessment of the comparative advantages and disadvantages to the Department of Energy and to public health and safety of the transfer of some or all of the Department of Energy defense nuclear facilities from the oversight jurisdiction of † S 1867 ES . and (B) if the Comptroller General rec- ommends that the facility be transferred to the jurisdiction of any outside regulatory authority.724 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) the date by which that transfer should occur and the period of time necessary for the transfer. whether the regulatory authority should be an existing or new regulatory authority.

—Not later than 180 25 days after receiving the final report from the Comptroller † S 1867 ES . (11) An assessment of the comparative costs associated with external oversight or external regulation of safety at Department of Energy defense nuclear facilities. 24 (e) COMMENTS ON REPORT. the Defense Nuclear Facili19 ties Safety Board. and the Nuclear Regulatory Commis20 sion the final report of the Comptroller General that con21 tains the findings and recommendations of the Comp22 troller General resulting from the study conducted under 23 subsection (a).—Not later than 180 days after 11 the date of the enactment of this Act.—Not later than one year after 16 the date of the enactment of this Act. the Secretary of Energy. the Comptroller 12 General shall submit to the congressional defense commit13 tees an interim report on the status of the study conducted 14 under subsection (a). (c) INTERIM REPORT. (12) Any other recommendations of the Comptroller General with respect to external regulation or oversight of safety at the Department of Energy.725 1 2 3 4 5 6 7 8 9 10 the Board to the jurisdiction of an outside regulatory authority. 15 (d) FINAL REPORT. the Comptroller 17 General shall submit to the congressional defense commit18 tees.

or the Commission (as the case may be) on the 6 report.—In this section. PLAN TO COMPLETE THE GLOBAL INITIATIVES FOR PROLIFERATION PREVENTION PRO- GRAM IN THE RUSSIAN FEDERATION. the Secretary of Energy. 2286g). the 2 Defense Nuclear Facilities Safety Board. At or about the same time that the budget of the 16 President for fiscal year 2013 is submitted to Congress 17 under section 1105(a) of title 31. 12 13 14 15 SEC. 7 (f) DEPARTMENT OF ENERGY DEFENSE NUCLEAR 8 FACILITY DEFINED. the term ‘‘Depart9 ment of Energy defense nuclear facility’’ has the meaning 10 given that term in section 318 of the Atomic Energy Act 11 of 1954 (42 U. the 18 Administrator for Nuclear Security shall submit to Con19 gress a plan to complete the Global Initiatives for Pro20 liferation Prevention program in the Russian Federation 21 by the end of calendar year 2013. 3123. and the Nuclear 3 Regulatory Commission shall submit to the congressional 4 defense committees the comments of the Secretary.C. United States Code. the 5 Board.726 1 General under subsection (d).S. † S 1867 ES .

2286a(a)(4)) to review the design of. the Defense 17 Nuclear Facilities Safety Board shall exercise the author18 ity of the Board under section 312(a)(4) of that Act (42 19 U.S.C. 2286 et seq). 3202.000 for the operation of the Defense 7 Nuclear Facilities Safety Board under chapter 21 of the 8 Atomic Energy Act of 1954 (42 U. Notwithstanding section 318(1)(A) of the Atomic En- 16 ergy Act of 1954 (42 U. 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. † S 1867 ES .S. $33. Construction 21 Project 10–D–904 of the National Nuclear Security Ad22 ministration. AUTHORIZATION. There are authorized to be appropriated for fiscal 6 year 2012. 3201. and review 20 and monitor construction with respect to.727 1 2 3 4 5 TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD SEC.S. 2286g(1)(A)). 9 10 11 12 13 14 15 SEC.317.C.C.

during a vacancy in 24 the office of Administrator. MARITIME ADMINISTRATION. 11 who is appointed by the President by and with the advice 12 and consent of the Senate. 3301. The Deputy Administrator shall carry out the du20 ties prescribed by the Administrator. The Deputy Admin21 istrator shall be Acting Administrator during the absence 22 or disability of the Administrator and.—The head of the 10 Maritime Administration is the Maritime Administrator. unless the Sec23 retary designates another individual.728 1 2 3 4 TITLE XXXIII—MARITIME ADMINISTRATION SEC. United States Code.—The Maritime Administration 8 is an administration in the Department of Transportation. The Administrator shall report 13 directly to the Secretary of Transportation and carry out 14 the duties prescribed by the Secretary. who is appointed in the competitive service 18 by the Secretary. after consultation with the Adminis19 trator.—The 16 Maritime Administration shall have a Deputy Maritime 17 Administrator. † S 1867 ES . is 5 amended to read as follows: 6 ‘‘§ 109. Maritime Administration 7 ‘‘(a) ORGANIZATION. 9 ‘‘(b) MARITIME ADMINISTRATOR. Section 109 of title 49. 15 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.

9 The Secretary shall carry out appropriate activities and 10 programs of the Maritime Administration through the re11 gional offices. 4 ‘‘(e) REGIONAL OFFICES. not more than 23 five officers of the armed forces may be detailed to the 24 Secretary at any one time. 6 Great Lakes.— 21 To assist the Secretary in carrying out duties and powers 22 relating to the Maritime Administration. The Secretary shall appoint 8 a qualified individual as Director of each regional office.—All AND POWERS VESTED IN SEC- duties and powers of the Maritime Adminis- 3 tration are vested in the Secretary.— 13 The Secretary shall establish and maintain liaison with 14 other agencies. and may have other 7 regional offices as necessary. the † S 1867 ES . During the period of a detail. Gulf. and Pacific port ranges.729 1 2 ‘‘(d) DUTIES RETARY. concerned with the 16 transportation of commodities by water in the export and 17 import foreign commerce of the United States.—The Maritime Adminis- 5 tration shall have regional offices for the Atlantic. 12 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS. and with representative trade organiza15 tions throughout the United States. in addition to details author25 ized by any other law. 20 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES. for the pur18 pose of securing preference to vessels of the United States 19 for the transportation of those commodities.

and ‘‘(B) protect. COOPERATIVE AGREEMENTS.—The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General.730 1 Secretary shall pay the officer an amount that. when 2 added to the officer’s pay and allowances as an officer in 3 the armed forces. the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— ‘‘(A) carry out the Secretary’s duties and powers under this section. and improve collateral held by the Secretary to secure indebtedness. difficulty. ‘‘(2) AUDITS. and all other Maritime Administration programs.—In AND COOPERATIVE AGREE- the same manner that a private cor- poration may make a contract within the scope of its authority under its charter. AND 9 AUDITS. preserve. makes the officer’s total pay and allow4 ances equal to the amount that would be paid to an indi5 vidual performing work the Secretary considers to be of 6 similar importance. The Comptroller Gen- † S 1867 ES . 8 ‘‘(h) CONTRACTS. subtitle V of title 46.— 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(1) CONTRACTS MENTS. and responsibility as that 7 performed by the officer during the detail.

—Except as otherwise pro- vided in this subsection. ‘‘(C) costs of national defense features.— ‘‘(1) IN GENERAL. ‘‘(2) LIMITATIONS. or reconstruction of vessels. reconstruction. At least once a year. ‘‘(B) construction-differential subsidies incident to the construction.—Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— ‘‘(A) acquisition. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS. there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. the administrative and related 9 expenses for the administration of any grant programs by 10 the Maritime Administrator may not exceed 3 percent. construction.731 1 2 3 4 5 6 7 eral shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. † S 1867 ES .—Except as 8 otherwise provided by law. ‘‘(i) GRANT ADMINISTRATIVE EXPENSES. or reconditioning of vessels.

’’. ‘‘(3) TRAINING VESSELS.—Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies. ‘‘(G) National Defense Reserve Fleet expenses. the use of waterborne transportation systems. including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations. ‘‘(F) the Vessel Operations Revolving Fund. and ‘‘(I) other operations and training expenses related to the development of waterborne transportation systems.732 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(D) payments of obligations incurred for operating-differential subsidies. ‘‘(E) expenses necessary for research and development activities. and general administration. † S 1867 ES . ‘‘(H) expenses necessary to carry out part B of subtitle V of title 46.

obligate. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. or activity. 10 (b) MERIT-BASED DECISIONS. 4001. 23 The transfer or reprogramming of an amount specified in 24 such funding tables shall not count against a ceiling on 25 such transfers or reprogrammings under section 1001 of † S 1867 ES .—Whenever a funding table in this 5 division specifies a dollar amount authorized for a project. the obligation and expenditure of the 7 specified dollar amount for the project.733 1 2 3 4 DIVISION D—FUNDING TABLES SEC. United States Code. 6 program.—Decisions by agency 11 heads to commit. 17 and other applicable provisions of law. (a) IN GENERAL. subject to the availability of ap9 propriations. or merit-based selection 15 procedures in accordance with the requirements of sec16 tions 2304(k) and 2374 of title 10. statutory criteria. program. 18 19 (c) RELATIONSHIP TO TRANSFER MING AND PROGRAM- AUTHORITY.—An amount specified in the funding 20 tables in this division may be transferred or repro21 grammed under a transfer or reprogramming authority 22 provided by another provision of this Act or by other law. or activ8 ity is hereby authorized. or expend funds with or to a 12 specific entity on the basis of a dollar amount authorized 13 pursuant to subsection (a) shall be based on authorized. 14 transparent.

734 1 this Act or any other provision of law. unless such transfer 2 or reprogramming would move funds between appropria3 tion accounts. 4 (d) ORAL AND WRITTEN COMMUNICATIONS.—No 5 oral or written communication concerning any amount 6 specified in the funding tables in this division shall 7 supercede the requirements of this section. † S 1867 ES .

........................................................................... NAV SURVEILLANCE .............................................840 95...........................................................................593 14.................................................................................. Army requested transfer from APA Line 14 for correct execution ..............700] 0 12...... CMWS ............798] 58................................000] 105.......000] 0 74....... Administration recommendation ...........................................574] 0 [–658.............000] 0 35........................................................... Production and installation contract delays ..............000] 162............................................................ Transfer to OCO ...000] [–107.....155 –161. HELICOPTER NEW TRAINING ........... Kits.................................................................. UTILITY/CARGO AIRPLANE MODS ........... UH–60 BLACKHAWK M MODEL (MYP) .........................................400] 1...............................................................................................................855 105......................... KIOWA WARRIOR ........................................................415 0 395...................764 104.......................... ARMY UTILITY F/W AIRCRAFT .........000] –161..263 1............ MULTI SENSOR ABN RECON (MIP) ... Transfer to OCO ...................................................................................363........116 –57. UH–60 BLACKHAWK M MODEL (MYP) ........... Tools contract delay ......116 [–66......................................263 1........560] 4................................................................................................................574 658.....883 114.......832 132..............756 120.........................000] –57. SURVIVABILITY CM ............................. GUARDRAIL MODS (MIP) .... CH–47 HELICOPTER .........408] 62...................................................................840 176........... HELICOPTER........................................................956 0 0 0 136.....................................811 4........................................................................................900] 0 250........................100] [–3............ 4101................... Aviation Data Exploitation Capability ahead of need ............................................ Aviation Sets........................746 [–20.......................... RQ–7 UAV MODS ................855 [–15.......................................... CH–47 HELICOPTER ...183 20 21 22 23 23 24 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 0 27....................................................................... COMMS.....993 0 104...... Unjustified program management growth ........ 4101.................... AH–64 BLOCK II/WRA .......................764 104..................................................................... Outfits..........................593 † S 1867 ES ....................251 [–58....519 126........................532 199................................. AIR TRAFFIC CONTROL .............. JTRS Integreation ahead of need .....................415 0 572............................................... FY 2012 Request Senate Authorized 1 2 3 4 5 6 7 8 9 9 10 11 12 12 13 14 14 15 16 17 18 19 14.............. C–12 CARGO AIRPLANE ........ AERIAL COMMON SENSOR (ACS) (MIP) ........ PROCUREMENT........................................................................... Army offered program reduction ................................... Contract delays ...................... Contract delays ......781 1............... Army offered program reduction .....................052 0 136......................155 [–177....................................000] –100..862 [–11................................................. AH–64 MODS ................................................................................... CH–47 CARGO HELICOPTER MODS (MYP) ...............................................................................................735 TITLE XLI—PROCUREMENT SEC.............................................297....................... C12 AIRCRAFT MODS .........................................................................................362 331..572 0 0 [–539...........................762 0 250...................................... COMMON GROUND EQUIPMENT .................................................519 76..... AIRCRAFT LONG RANGE MODS .......................400] 117................................................150 192............ GATM ROLLUP .............................................................................................................. AH–64 APACHE BLOCK IIIB NEW BUILD ..........................................................426............................................................................................................ MQ–1 PAYLOAD—UAS ....................................198 –100......................................................................417 [–19........ Army offered program reduction ...........844 1..... AH–64 APACHE BLOCK IIIA REMAN ............................................................................................................................................................... PROCUREMENT (In Thousands of Dollars) Line Item AIRCRAFT PROCUREMENT.756 54.................... MQ–1 WEAPONIZATION—UAS ...........418....... SPARE PARTS (AIR) ...............212 40 41 42 82.....137] 102..................................................................................................012 [–22........183] 0 27.......... AVIONICS SUPPORT EQUIPMENT ..................572 0 539..............................................798 70.. AIRCREW INTEGRATED SYSTEMS ........................ BCT UNMANNED AERIAL VEH (UAVS) INCR 1 ....... AIRBORNE AVIONICS . Terminate EMARRS .432 [–2.................................................................................................................................................................. Administration recommendation ...............................................000] 0 0 0 0 [–29................. Cargo and ballistic protection contract delays . UTILITY HELICOPTER MODS .........................362 331................................................. RQ–11 (RAVEN) ................. UH–60 BLACKHAWK M MODEL (MYP) .........150 192........................................ KIOWA WARRIOR UPGRADE (OH–58 D)/WRA ......... AH–64 APACHE BLOCK IIIA REMAN .....230 0 57....956 [66..........993 0 162..................... CH–47 HELICOPTER ......... CH–47 CARGO HELICOPTER MODS (MYP) ..................................712 0 22............................................................. AH–64 MODS .....................107 [–10......................................... AIRCRAFT SURVIVABILITY EQUIPMENT ..............................................287] [–58..................................................................... Army offered program reduction ........................................198 [–8.......................................................................575 8................... Air Soldier System early to need ..............575 8....745 162............................................................. Aviation Light Utility Mobile Maintenance (ALUMMC) no longer required ............................................. NETWORK AND MISSION PLAN .........230 0 79...............745 [–6...... LIGHT UTILITY (LUH) ............052 0 138.......................................................... AH–64 APACHE BLOCK IIIA REMAN .. INDUSTRIAL FACILITIES ......781 1.... Army requested transfer to APA Line 15 for correct execution ................................ SEC...239 0 35....................239 [–50......................................................107 0 80....532 199.......444 [–12............................................................................................................................................................................ MQ–1 UAV ....................................................................................................................................................

... HOWITZER.................................................. SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: .674 1...............................................................................102 20 28................................. M107... ITAS/TOW MODS ..................886 0 314......904 32.....................................167 18................................................................................925 14......904 [–4....................162 [–8...............280................876 6..... MACHINE GUN.... TOW 2 SYSTEM SUMMARY ..................................................................................................................577 8...........736 SEC............................ HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ....................... Program reduction ....................432 19.......................................... 2.....................................381 Senate Authorized 2....................... LIGHT.................................... HELLFIRE MODIFICATIONS .....................................000] [–31.............231 74.... STRYKER (MOD) ...................................... ABRAMS UPGRADE PROGRAM ........... TOTAL...............800] 250..000] 32...577 8...055 606.. Excess program management .......177 [–2........... AIR DEFENSE TARGETS .953 0 0 1......055 † S 1867 ES .934 1 2 3 3 4 5 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 662........................................................... BRADLEY PROGRAM (MOD) ....300] 0 12..........75 ROCKET ...........931 [–1.....670 0 8......................................894 [–26... HOWITZER..................................100] 0 0 0 0 0 51.......................................................................... TOWED........ MISSILE PROCUREMENT.................................................................................................................................................0M (MISSILES) ............. STINGER MODS ....178 [–29.................................62MM) .........................953 0 0 1..................................................................................................................................................000] 66....... Prior year unobligated funds available ... PRODUCTION BASE SUPPORT ............................................................................... TOW 2 SYSTEM SUMMARY .. 50.................167 [–150....... M1 ABRAMS TANK (MOD) ............................................876 10............... XM320 GRENADE LAUNCHER MODULE (GLM) .......................... Transfer at Army request to RDTE Army PE 64601A ....................... MSE MISSILE ................................................................................................................................................. MISSILE PROCUREMENT........................................................................ ARMY PATRIOT SYSTEM SUMMARY ............... MK–19 GRENADE MACHINE GUN (40MM) ..........................................483 0 160.......231 74.................... FIST VEHICLE (MOD) ......................................................... Transfer to OCO ..................................700 3......50 M2 ROLL ................. FCS SPIN OUTS ............................................................... TOTAL..................................................102] 13.............495 13.......................................175 20.459 5................................................................. PATRIOT MODS ..............108 –22........................ FCS SPIN OUTS .....497 [–1.........674 1............ IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...........218 1 2 2 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 632..........................432 19............046] 0 0 [–34......................................................... AIRBORNE COMMUNICATIONS ....878 0 7...............................767 84......... JAVELIN (AAWS-M) SYSTEM SUMMARY ............... Program increase to add 49 tanks to bridge production gap ......... MORTAR SYSTEMS ......................................000] –22................................................ 105MM......718 662...............................700 3...............................073 0 0 [–16............000] 95..... JOINT ASSAULT BRIDGE ...400] 421......043 1...477 0 12.. ASSAULT BREACHER VEHICLE ....767 [–20....... HELLFIRE SYS SUMMARY ..............................................................000] 81.............................................................................. Transfer at Army request to WTCV line 34 ............................... Excess contractor engineering ..........236 11.................................. Army offered program reduction ......................... FCS SPIN OUTS ..................... MLRS MODS ....................452 [–4.................................. 4101.........................797 43......................................................................................... ITEMS LESS THAN $5............. SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: ...................................061.........................................674 66....... M249 SAW MACHINE GUN (5..............878 0 5.............452 99............................................................... Transfer at Army’s request to RDTE........... HIMARS MODIFICATIONS .....500] 13...............................925 –5 [–14................... SPARES AND REPAIR PARTS ................. FUTURE COMBAT SYSTEMS: (FCS) .. PROCUREMENT OF W&TCV............................994 0 0 0 0 0 52....................073 0 16......962 250................. Army PE 64601A ........................................ TOW 2 SYSTEM SUMMARY ................................................................................................................................................... INTEGRATED AIR BURST WEAPON SYSTEM FAMILY .......................674 [–11................................................................................................ ARMY STRYKER VEHICLE ...............................................................483 0 131............................. SNIPER RIFLE .......................... Excess production engineering .................................000] 18........ M88 FOV MODS ...................................710 46.................................. M240 MEDIUM MACHINE GUN (7................. PRODUCTION BASE SUPPORT (TCV-WTCV) ................... ARMY ....................................................................... ARMY ....046 0 65............................................................. FUTURE COMBAT SYSTEMS: (FCS) ............................ CAL ..... GUIDED MLRS ROCKET (GMLRS) ................................. LIGHTWEIGHT .....................................................................251............................................108 [–3............................... MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ........................... MED SP FT 155MM M109A6 (MOD) ........700] [–13.................. Transfer at Army request to RDTE Army PE 23801A ..........................300] 35.................000] 1......886 0 164. AIRCRAFT PROCUREMENT..56MM) .................. PROCUREMENT (In Thousands of Dollars) Line 43 44 Item LAUNCHER...............................236 11.............. Unit cost efficiencies ........................................................................................................ Unjustified growth in matrix support and engineering change proposals ...............................................710 46....578 181..........................50 CALIBER MACHINE GUN ...................................... CAL............. Army offered program reduction .............................796 21 22 23 24 25 0 0 12............175 31..410 160........165] 0 0 10.....................................................043 1.............................. M119 ......478.............................................. Army revised lower quantity ............329 1...............................................329 [240.........459 5.................... Funding ahead of need .........................................................................................410 140.....670 0 8................... FY 2012 Request 2......... Unjustified technical support costs ........................................ BCT NON LINE OF SIGHT LAUNCH SYSTEM—INCREM .......

.........973 0 10.064 131................. ALL TYPES ....... Program restructure.015 4... MK 248 MOD 0 (7.. ALL TYPES ................................................................................092 14................................894 3.............................................................000] 26.............066] 0 25....775 0 14......................................................................................... CTG..............................................................0M (WOCV-WTCV) ........................................................................ SNIPER RIFLES MODIFICATIONS ..............423 [–27........................................................................................... ALL TYPES ..718 1..................... CTG.................................................................... MINE................973 0 10. ARTY....................... ......000] [–4..........................296 14......730 0 7............ SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ....... M16 RIFLE MODS . Army offered reduction...... CTG...................................... ALL TYPES .......................................080 424 2........................... HANDGUN...................015 6..........................799 0 31.................................. FUZES AND PRIMERS....... SPIDER NETWORK MUNITIONS...............................................................................................................................173 14...............................................173 6............................................................. ARTILLERY PROPELLANTS...500] 0 2........................................62X67M ............................000] 105............ PROCUREMENT (In Thousands of Dollars) Line 26 27 28 29 30 31 32 33 34 Item M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ...................701 3.. PROCUREMENT OF AMMUNITION.............................. ALL TYPES ................ FY 2012 Request 0 35... ALL .......... AMMO COMPONENTS.......................................... .......... ALL TYPES ........................................................... M4 CARBINE ........... ALL T ................................... ALL TYPES ....227 0 32........................................558 26................................... SHOTGUN.............. COMMON REMOTELY OPERATED WEAPONS STATION (CRO ....................................................108 33 34 35 50 18.............. 7...........000] 34....000] 131........................................................... ARTILLERY CARTRIDGES..................856 Senate Authorized 0 35...........................064 [–2..................................................................................................... ALL TYPES ............ CTG... ALL TYPES .....................205 [–499] 0 103.... ... TANK..................................................... ARMY ..................... TOTAL.................................... SPARES AND REPAIR PARTS (WTCV) .. ALL TYPES ........................ ....... ALL ....... HANDGUN ........ ALL TYPES .................................................................... SCORPION.............62 RIFLE MODS ......... 4 BALL M80 FS.................... 105MM: ALL TYPES ....................................................................... ITEMS LESS THAN $5.................................. PROJ 155MM EXTENDED RANGE XM982 .............................................................................................. ALL TYPES ...966 [–13...........................108 [–4...................................700] 0 17................................................................. ALL TYPES ............................... Transfer to OCO ........................ CTG................... HOWITZER LT WT 155MM (T) .............. MODIFICATIONS LESS THAN $5.....62MM.... 120MM................ OBJECTIVE FAMILY OF WEAPONS AMMUNITION......287 12........ ALL TYPES ...... ALL TYPES .....000] 0 31...................799 [–50.......................... 75MM AND 105MM...... CARTRIDGES.............000] 46..........453 106. .................... Army offered program reduction ..........685 40.. Army offered reduction.......................... CTG...................................300 WIN MAG...62MM..................................................... 25MM. ALL TYPES ..................... ......................................287 12............................594 [–4........558 [–2................518 0 43....... 105MM AND 120MM........................... M2 50 CAL MACHINE GUN MODS ............................ CAL ... . DEMOLITION MUNITIONS.................000] [–48.... CLEARING CHARGE...............994 38.............. SHOULDER LAUNCHED MUNITIONS.......................966 84.........................854 [–1...........074 [–21...............................227 0 32........................................ Unjustified request...... ALL TYPES .............. ALL TYP .....................685 42...............737 SEC...... 4101.. 1 DIM TRCR M276.......................56MM...... 20MM.................................. ....................................187 108..416 105...............................................300] 0 [–3.................. ALL TYPES .................... TANK.......... ................ INTELLIGENT MUNITIONS SYSTEM .......... ARTILLERY PROJECTILE................................................. .....................................994 38......... MINES & CLEARING CHARGES........ CTG..123 0 19.. CTG..................................... SIGNALS..........................066 0 25........................265 53........... M119 MODIFICATIONS ........... HYDRA 70... ALL TYPES ........................... Grenade Rifle Entry Munition—Army offered reduction........ INDUSTRIAL PREPAREDNESS ... CTG........................ Pricing adjustment.............................399] 105.......... MK–19 GRENADE MACHINE GUN MODS ....................................453 106...............758 83................................................................................. M249 SAW MACHINE GUN MODS ....704 0 103......................................................................................................705 [–1... ALL TYPES . ALL TYPES ...........................................400] 127......................................... Army offered reduction—M115A2 Simulators ................701 3...............265 53...933... 7. CTG.... M4 CARBINE MODS ...............074 48..887 48..................................................080 424 2............................843 1..........207 [–2....................................... 120MM MORTAR.......50 CAL.............707 0 0 13..730 0 9.......864 † S 1867 ES ................................187 98.0M (WOCV-WTCV) . MODULAR ACCESSORY SYSTEM (MASS) ........................................................................... ALL TYPES .......518 0 15.. Army offered reduction—M116A1 Simulators .................. Transfer to OCO ........ .................... 81MM MORTAR............................................. ALL TYPES ............. 155MM................. Army offered reduction..... ARMY CTG...476 0 2.............. NON-LETHAL AMMUNITION........................................... Excess production engineering.......... PRODUCTION BASE SUPPORT (WOCV-WTCV) .....887 69.... ALL TYPES .............. 5.... 40MM....476 0 2......................... ........ ALL TYPES .....................................................................416 [–10..................296 14.....................................512 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 210............205 0 2............... Full rate production delay..... Transfer at Army request from WTCV line 19 ................864 210... ........718 1...........................177 35 36 37 38 39 40 41 42 43 44 45 46 8................. ROCKET...................................092 0 [34.......480 15......775 0 10................................480 15.... 30MM................ PROCUREMENT OF W&TCV..........971........ CTG........... .856] 8................................. Program growth adjustment............................254 127....... M240 MEDIUM MACHINE GUN MODS .......... Funding ahead of need...................................... ARTILLERY FUZES...........500] 0 0 0 [–13.... SIMULATORS.......... ALL TYPES ................................................ M14 7.... GRENADES....843 1........................... 60MM MORTAR... Funding ahead of need........... ALL OTHER (AMMO) ....................................................................399 118...........................000] 50 18..............758 83.....

.....451 1............222 19.................... ARMORED SECURITY VEHICLES (ASV) ................ FIRST DESTINATION TRANSPORTATION (AMMO) ..........................................087 [–153.........................................671 11 12 13 14 15 16 0 1.............273 1................................................................789 3...........984 974...............................000] 0 [–15.. TRACTOR........704 2....................................831........ FY 2012 Request 5..................................................................................... 4101.0M (TAC VEH) .............. JOINT COMBAT IDENTIFICATION MARKING SYSTEM ................................ SMART-T (SPACE) ......................................533 [–4........ Contract award delay...........................................................................774 [–8............ MIDS LVT(2) ................................ Army offered program reduction ................................. MODIFICATION OF IN SVC EQUIP ...........841 9................... PLS ESP .................... PROVISION OF INDUSTRIAL FACILITIES ................................................................................................... Funding provided in approved prior year reprogramming action ........................ MINE PROTECTION VEHICLE FAMILY ................................. Army offered reduction....672 17 142........................... Ground Mobile Radio program restructure ........................ ALL ..........................................................859 8.................671] 0 0 [–1..... FAMILY OF MEDIUM TACTICAL VEH (FMTV) .........200 13....................... NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ........................... ARMY ... .....................................................................................415 73..600] 31...................................336 4............. CLOSEOUT LIABILITIES ............................................................................. OPA1 ........... Excessive program support costs ..............................799 969 18.....910 0 29........910 0 25.799 969 18......... SEMITRAILERS........ Airborne......930 627.......................................... ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ............. Early to need ................................. SINCGARS FAMILY ......................... M915/M916 ............. SEMITRAILERS.............................. RADIO TERMINAL SET..992 0 0 596 [–12....... Manpack radio program delay ....788 3.......... TRUCK.................. HMMWV RECAPITALIZATION PROGRAM ...461] 156.......186 4....533 189........... ITEMS LESS THAN $5..................... HI MOB MULTI-PURP WHLD VEH (HMMWV) ........................................................................... Transfer to OCO .................... AMC CRITICAL ITEMS..................318] 0 [–39..........400] 49....912] [–51.................... ITEMS LESS THAN $5 MILLION ........ Increment 2 contract delay .....930 555............449 11...... LINE HAUL................161 3.......................................................... Army offered program reduction .................900] 0 0 422.......832 40 41 42 8............ TOWING DEVICE-FIFTH WHEEL ........000] 177...... EMUT (SPACE) ....... Unjustified request ...................... Army requested transfer to RDTE Navy line 100 .........................................................156] 1....862 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 39 0 0 20......... MAINTENANCE OF INACTIVE FACILITIES ...........908] 344..........................156 1..............000] 21............... Transfer to OCO .................................. JCSE EQUIPMENT (USREDCOM) ............................009 24........... JOINT TACTICAL RADIO SYSTEM ........................................ HVY EZPANDED MOBILE TACTICAL TRUCK EXT SERV ........273 1................................................ PASSENGER CARRYING VEHICLES .............009 24.......................................................................................................841 9..........................631 39.................451 5.......................................................625 Senate Authorized 5......568 49........... Prior year unobligated funds available ...... SHF TERM ...000] 3.................................................................461 156........... OTHER PROCUREMENT............833] [–108............................................. AMC CRITICAL ITEMS—OPA2 .....936 21........................................................................826 123....................................... Fixed Station program delay .......................................... GLOBAL BRDCST SVC—GBS ......................................................994 206..........222 19..................984 865...................374 31......000] [–8................................................................862] 0 0 0 [–20..... FLATBED: ...............788 3........... FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ..........................294 251........................ PROCUREMENT (In Thousands of Dollars) Line 36 37 38 39 40 41 42 43 44 45 Item CAD/PAD ALL TYPES .....000] [–256......313 [–157..................496 0 0 432...............................................869 9......... SAT TERM........................................................................................................................ TOTAL............................................772 [–3....................................704 2...... Army offered program reduction ...............................000] [–127.......................711 103 199..........................827 1 2 3 4 5 6 7 8 9 10 0 13................................336 500 [–4...............869 9..............................................908 362................................ Prior year unobligated funds available .................................................. SCAMP (SPACE) ................................. NONTACTICAL VEHICLES....... TACTICAL WHEELED VEHICLE PROTECTION KITS ...747 161..............................000] 8..186 [–109................................... DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS . Transfer to OCO .........................................................992............................................ HMMWV installation early to need .........................200 13...................................... Unjustified program management cost growth ...................................................900] [–14. HEAVY ARMORED SEDAN ..................... AMMUNITION PECULIAR EQUIPMENT ....000] 4... LAYAWAY OF INDUSTRIAL FACILITIES ............................................ PROCUREMENT OF AMMUNITION.....................................000] 251................................................................667 0 56.................168 [–4....................................................... ARMS INITIATIVE .826 123.....................................................................................................................738 SEC......... ............667 0 0 [–48..................................................161 3...............................415 64..........................................................................................449 11.................................... ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ......................................294 [–72............................................................................ FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) ............................ Excessive unit cost growth ...... Excessive program support costs .............................................................................................................................936 [–10..................................................... WIN-T—GROUND FORCES TACTICAL NETWORK .................747 4....... Maritime........................................ TANKERS .............711 103 199......................................... MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ..859 8............................................ CONVENTIONAL MUNITIONS DEMILITARIZATION.........................................................789 [–12............................................................................... OTHER .................................................492] 0 † S 1867 ES ........................ MOD OF IN-SVC EQUIP (TAC SAT) ..... MOD-IN-SERVICE PROFILER ....... ARMY TACTICAL TRAILERS/DOLLY SETS ..............994 775........ FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ...............................

..............226 54.............958 41.............................................................................................. COMBAT SURVIVOR EVADER LOCATOR (CSEL) ............................... WW TECH CON IMP PROG (WWTCIP) .......500] 58...................................................................548] 1............................................................... GREEN LASER INTERDICTION SYSTEM ................................................349 2................ IMS REMOTE CONTROL UNIT ................................... Army offered program reduction ......................... SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS .............................................................. PROCUREMENT (In Thousands of Dollars) Line 43 44 45 46 47 48 49 50 51 53 54 55 56 57 58 59 60 61 62 63 66 67 68 69 70 Item TRACTOR DESK .......042 0 21................................. BASE SUPPORT COMMUNICATIONS ................939 29..................393 310.. FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ...........................104] 0 0 1... DRUG INTERDICTION PROGRAM (DIP) (TIARA) .493 802 33.............................. Army offered program reduction ....................................... GUNSHOT DETECTION SYSTEM (GDS) .......................................................................... RADIATION MONITORING SYSTEMS ............................................................................................................... COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ........227 0 15..................... Program delay ...............843 0 3................ LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ...................... Requirement met with prior year funds ........... INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( . MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ............761 4.... Requirement met with prior year funds ..............................227 4............................. MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................454 † S 1867 ES ..... Army offered program reduction .................. Transfer to OCO .......................................................................................014 [–49..100] 2...............................................................................................................................................................................226 54..200] 0 1......................................... Army offered program reduction ............................ IMPROVED HF (COTS) FAMILY .......................041 0 0 0 [–20...................................................................204 102.......................................100] 39................. CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP .........939 38..........................................548 Senate Authorized 10............................................................................... Army offered program reduction ................ Transfer to OCO .810 24.. LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER ..223 12........... JOINT TACTICAL GROUND STATION (JTAGS) ..................... COUNTERFIRE RADARS .......................514 58...........................041 0 0 144........................... COMPUTER BALLISTICS: LHMBC XM32 .... CI MODERNIZATION ...................707 9................ BASE EXPEDITIONARY TARGETING AND SURV SYS ................................... DIGITAL TOPOGRAPHIC SPT SYS (DTSS) ................................... FAMILY OF PERSISTENT SURVEILLANCE CAPABILITES ..........907 37.................................800] 8..................................232 1...............................................................................................252 1.....................056] 0 0 3......................... SENTINEL MODS ......780 12...005 0 69..........498 151............... SPIDER APLA REMOTE CONTROL UNIT ...005 0 20.....................541 39...................................................................... PENTAGON INFORMATION MGT AND TELECOM ....657 72.......761 4............................. TSEC—ARMY KEY MGT SYS (AKMS) ............................................ INFORMATION SYSTEMS ............................ FAAD GBS ......................................................................199 32......907 54....................................................................................................163 3.... Army offered program reduction ................. Army offered program reduction ............................................................................. CREW ................. MORTAR FIRE CONTROL SYSTEM .......704 [–4............843 0 3................529 [–57...774] 0 0 [–6..........805 131......................................................................................547 28........................................................ JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..........332 7...... unjustified growth ...............................................................................................493 802 0 [–33.......657 72................. PROPHET GROUND ........................................... ARTILLERY & MORTAR (C-RAM) .......................................... FIRE SUPPORT C2 FAMILY ............................................... COMMS-ELEC EQUIP FIELDING ........... Prior year unobligated funds available ........... CI AUTOMATION ARCHITECTURE .....................................................................024 [–22............356 93 94 95 96 97 98 99 100 101 102 103 104 105 106 0 0 3.......................992 4..............312 3...............547 28.......................................252 1..... BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ................................................................................. 4101.......................498 156..........................266 12............163 3......... RADIO.............................332 7..............................................................................................................104 0 0 1.......................059 [–43......................................... ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE .................................. BCT UNATTENDED GROUND SENSOR ..535 26.........................................042 0 21................................232 37.................629 2.435 [–9...000] [–124..................... TACTICAL OPERATIONS CENTERS .....441 [–1............................................................................022 170.....................810] 0 [–24........................... SENSE THROUGH THE WALL (STTW) .... FY 2012 Request 10.................................................... ITEMS LESS THAN $5........707 9........................992 4.............774 0 25..............300] [–19.. INFORMATION SYSTEM SECURITY PROGRAM-ISSP ..............................805 187.................027 [–2................................. THERMAL WPN SIGHT ...................739 SEC.... Army offered program reduction ......................... DEFENSE MESSAGE SYSTEM (DMS) .... PROFILER .......................... RESERVE CA/MISO GPF EQUIPMENT .................827 0 36.................................................................. SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF . ARTILLERY ACCURACY EQUIP ................................................800] 7.................................. TERRESTRIAL TRANSMISSION ...........................................827 0 14....232 1................... LIGHTWEIGHT COUNTER MORTAR RADAR .........................227 [–56. MOD OF IN-SVC EQUIP (FIREFINDER RADARS) . NIGHT VISION...............................................................500] 102..............................224 0 1...............423 [–16....657 47.........................859 10......................... NIGHT VISION DEVICES .............................................................................................................000] 4........ DCGS-A (MIP) ................................................................100] 26........... COUNTER-ROCKET......................................199 32..393 310...... Transfer to OCO ...................................................................958 41..............0M (MIP) .......................754 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 1.................................................................312 3.....200] 0 0 [–15.......................................232 37......334 186.........................266 11.......................022 227...... Army offered program reduction ...........657 47........................334 143.......349 2............780 12................................................... ENHANCED SENSOR & MONITORING SYSTEM ..................................................................... JTT/CIBS-M . TROJAN (MIP) .

.................000] [–22.........................................................000] 19.085] 571 0 4................................. TACTICAL BRIDGE........ SOLDIER ENHANCEMENT ............................... Army requested transfer to OMA Budget Activity 04 .........................454 [–3....................................457 0 53...........................................................................................626 14....204 10................................................................392 [–13................ PRODUCTION BASE SUPPORT (C-E) .................. FY 2012 Request Senate Authorized [–4..................................................................................................................286] 1..................................457 0 53..................................................... CLASSIFIED PROGRAMS ................................................................................................. HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ............... AUTOMATED DATA PROCESSING EQUIP .................................................................600] [–172.............................710 51.... EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ..........................................................626 14.............807 28..........450 16............672 7.................... TACTICAL INTERNET MANAGER ......... Prior year unobligated funds available .......400] 0 0 0 34........................ AUTOMATIC IDENTIFICATION TECHNOLOGY ...................263 20.................. PETROLEUM & WATER ...... RESERVE COMPONENT AUTOMATION SYS (RCAS) ...... Army requested transfer to OPA line 119 ...........273 0 8...........113 0 25........................... M160 incremental funding ......................... MOBILE MAINTENANCE EQUIPMENT SYSTEMS ..............................109 0 9..................................... Transfer to OCO ............. MOUNTED BATTLE COMMAND ON THE MOVE (MBCOTM) .....................................................................240] [–1................ ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................248 10.................................................................................................................113 0 23......352 0 10.........................................478] 39................428 49.............. GROUND SOLDIER SYSTEM .......................273 0 5............... ITEMS LESS THAN $5.............297 138 139 140 141 142 143 144 145 146 147 17...............................700 362 77............... FLOAT-RIBBON ...... ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ..................................... CSS COMMUNICATIONS ................................ FIELD FEEDING EQUIPMENT ........678 30............................................... COUNTERMINE EQUIPMENT ................. Army identified excess ..... Accoustic hailing device contract delay ...... Army offered program reduction .395 [–3.....................................072 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 43............................................ RECONNAISSANCE AND SURVEYING INSTRUMENT SET ...................................................860 68...................910 [–7....................312 117 118 119 120 121 122 123 124 125 126 127 127A 128 129 130 131 132 133 134 135 136 137 19.........................................................................................................509 184.......................................437 4...............................................201 8.............984 [–4....................672 7..........852 2...584 † S 1867 ES ......................204] 10................................. Excessive unit cost and program support cost growth ............. PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ........ FORCE PROVIDER .................437 7.....795] 11.....031 210...........480 571 0 4.........202 [–19....................................... REMOTE DEMOLITION SYSTEMS .. COMBAT SUPPORT MEDICAL .......636 41. Army requested transfer to RDTE Army line 177 ................384 54...........213 [–3..... GENERAL FUND ENTERPRISE BUSINESS SYSTEM ........................ GRADER............700] 39....................................................................................... 6X4 (CCE) ..........190 12......................................................482 0 75.............852 2....................... Army offered program reduction .............................................................800] 32....... FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ..............................................................572 3................................................ BCT NETWORK .................... AERIAL DETECTION ..............................392 7................................ PROCUREMENT (In Thousands of Dollars) Line Item Army offered program reduction .. LIFE CYCLE SOFTWARE SUPPORT (LCSS) ..................000] 7............459 [1....... QUALITY SURVEILLANCE EQUIPMENT .........................................591 0 8............ Excessive design engineering costs ....................... FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS .............. Army requested transfer to RDTE Army line 119 ............ GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .................... < $5M..................263 20................................................................................. CBRN SOLDIER PROTECTION ....................000 [–7.....................................428 45...................0M (A/V) ...................................................030 62...................................................................................................................524 [–9........................... Excessive program support cost growth ...509 4......................... NETWORK MANAGEMENT INITIALIZATION AND SERVICE ...................... TC AIMS II .................................. CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM .. ARMY TRAINING MODERNIZATION ...................................... Program delay .... Army requested transfer from OPA line 116 ........................ Army offered program reduction .........664 11...........740 SEC............ SHOWERS AND LATRINES ........................ MOUNTED SOLDIER SYSTEM ....................352 0 10......... LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ..........................................482 0 75..700] 5..............472] 19 [–43............................................................................026 [–9...... ITEMS LESS THAN $5..... HVY..........772 [–45................ 4101......................... Program growth adjustment ...154 39.............. HEATERS AND ECU’S ..... ITEMS LESS THAN $5M (ENG SPT) ......... SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ...................................0M (MAINT EQ) ...............192 174........... Transfer to OCO .................................... LAUNDRIES......... PROTECTIVE SYSTEMS ................................................................310 41.....................................................................................572 3...450 16.................................. Army offered program reduction ...............................................591 0 8.................................................192 220.............. WATER PURIFICATION SYSTEMS .......... TACTICAL BRIDGING ....251] [–60......................................................... FAAD C2 .......................................310 41........................................419 0 26...........600] 107 108 109 110 111 112 113 114 115 116 5.....297] 17................................795] [–15.....................................................................678 0 [–8. KNIGHT FAMILY .................................. AIR & MSL DEFENSE PLANNING & CONTROL SYS ....................030 54...031 124....................................................... ROAD MTZD........384 54.................. SKID STEER LOADER (SSL) FAMILY OF SYSTEM ..................................... MOBILE INTEGRATED REMAINS COLLECTION SYSTEM: ...............................201 3..........................400] 0 26........250 39............................190 12......................109 0 9............ MANEUVER CONTROL SYSTEM (MCS) ...........................860 55......................................................................................................807 19..............................700 362 77...............................................................248 10............. DISTRIBUTION SYSTEMS.................. SINGLE ARMY LOGISTICS ENTERPRISE (SALE) .............................924 0 0 0 34........488 1.................. BASE DEFENSE SYSTEMS (BDS) .........................423] 0 [–41................

.....................................845 0 10...................805] 26. 4101................. COMPACTOR ....... FY 2012 Request 21......................................................................... HARBORMASTER COMMAND AND CONTROL CENTER (HCCC ........ 1473 .......................................050... F/A–18E/F (FIGHTER) HORNET ..............437 30. AVIATION COMBINED ARMS TACTICAL TRAINER .618 49...........991 –219.....974 0 [–15.............774 1 2 3 4 0 0 0 220..................................................178 168................................. TEST EQUIPMENT MODERNIZATION (TEMOD) ..........................103 11..........591 72..........................................325 17.............................534 8......................................... DEFEAT THE DEVICE ................................................974 15...........634 1 1 2 3 1. NONSYSTEM ...........................................................859 133.......................................................................................... PRODUCTION BASE SUPPORT (OTH) .......... ALL TERRAIN LIFTING ARMY SYSTEM ........................392 13....................................................................... ITEMS LESS THAN $5......... BCT TRAINING/LOGISTICS/MANAGEMENT ........923 69.......................................................... Program adjustment .......700] 1............................... Multi-year procurement savings ....................................................295 63..........................................271 2........................... BCT UNMANNED GROUND VEHICLE INC 2 ......................................................................................................771 12.....081 28...................413 0 13.634] 0 220............................................................ TOTAL............591 72........................................................................................................924 21.............................................. Funded in H....... NAVY EA–18G ........722..........................175 31...... BASE LEVEL COMMON EQUIPMENT .................500 3...............295 64...................... ECO excess .......................................................................................................................... OTHER PROCUREMENT...................................................................175 31......................................... GENERATORS AND ASSOCIATED EQUIP ..895 1......................100] 24 [–11......008 [–123......... JOINT STRIKE FIGHTER CV .... FAMILY OF FORKLIFTS .................... TRAIN THE FORCE ...............................................654 223.........859] 0 0 50..............722.............300] 168............................................................................500] 30.............................................................606 [–49........900] 21....314 18...........................................................740 0 [–24........760 9........ SPECIAL EQUIPMENT FOR USER TESTING .............................. EA–18G .......... ITEMS LESS THAN $5............ Program cancelation .............710] 1. MISSION MODULES—ENGINEERING ..445 –55.......451 4...............................897 0 10............................ Army offered program reduction ............. GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ................962 1.............................................................................................434 [–9................100] 614 [–7. TRACTOR YARD ...............392 17...................................... Prior year unobligated funds available ................................................451 4........................... Transfer to OCO: JIEDDO Operations ...................432 2....................... EARTHMOVING . PHYSICAL SECURITY SYSTEMS (OPA3) .......... BCT UNMANNED GROUND VEHICLE ..................................... INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .......................................618 36................................... HYDRAULIC EXCAVATOR ...........................682.............944 21............. Prior year unobligated funds available ............. TOTAL.....................................031 43.....740 24..................................................... JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ATTACK THE NETWORK .................................325 17...... ASPHALT MIXING .........413 0 13.......................... LOADERS ....................................................................... PLANT.......................700] [–68.......833] 9...............805 149............... EA–18G .......................347 [–495........316 1......127........................937 [–12................300] 3 [–57... CONST EQUIP ESP ........859 0 0 59............................................ HIGH MOBILITY ENGINEER EXCAVATOR TYPE—FOS .....654 223. CALIBRATION SETS EQUIPMENT .......................000] –2..119 2.................................................... F/A–18E/F (FIGHTER) HORNET ...................................................................................... TRAINING DEVICES........................................................ ARMY ..... Government furnished equipment engine cost growth ......... COMBAT TRAINING CENTERS SUPPORT ................500 3..592 Senate Authorized 21...........................................................................470] 9.................................................................................. Airframe termination liability growth .............................................................. Unexecutable acquisition strategy .647 9...............................................................000] –55........................................... Reduce Engineering Change Orders (ECO) to fiscal year 2010 levels .................................................................................... BCT TRAINING/LOGISTICS/MANAGEMENT INC 2 ..........................................895 † S 1867 ES ...................... AIRCRAFT PROCUREMENT............... R........................... Program cancelation ........................................000] [–10........ OPERATIONS ........ Prior year unobligated funds available ........634 0 0 0 0 [–220...............134..................774..................................................647 7..........700] 18......................................................................771 12......... Prior year unobligated funds available .............................262 [–1.............432 0 [–2.....290 [–4..........................................081 28...................................................... JOINT IMPR EXPLOSIVE DEV DEFEAT FUND ............... F/A–18E/F (FIGHTER) HORNET ......................... CLOSE COMBAT TACTICAL TRAINER .......................... JOINT HIGH SPEED VESSEL (JHSV) .....0M (FLOAT/RAIL) .........031 43......944 21................................ TRACTOR..................271 2.................991 –219..................... Program cancelation ... ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA ............................................................................. MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ........ Unjustified program support cost growth .................119 1.............. INITIAL SPARES—C&E ................................897 0 10............................................. RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ..........411 34.....................................................845 0 10.............878 [–85....................741 SEC...................445 [–7...............369....................833 9....... Army offered program reduction ........................................................................................ JOINT STRIKE FIGHTER CV ....411 34.... ROUGH TERRAIN CONTAINER HANDLER (RTCH) ........................000] [–21....................................................... AMC CRITICAL ITEMS OPA3 ....................................................................047 3 4 5 5 –2.........0M (CONST EQUIP) .....308 57........... FULL TRACKED ............................................859 47........923 19. PROCUREMENT (In Thousands of Dollars) Line 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 Item SCRAPERS.............................................................

...........................................................360 68.............790 [–3...............................................................112 15................................................... Unjustified support increase .............................................................................734 31..................................................153 256...................... STUASL0 UAV ............................................463 130.......................000] 16...............................619 157............ E–2D ADV HAWKEYE ......................300] 30.......000] 83............................................. Correction of Deficiencies contract support growth ..................185...................................................................008 769.....048 [–1............................................................................................031 –162...........090 16....................................................... EXECUTIVE HELICOPTERS SERIES ...............................................................011 48 49 12..............................................................................229 2......................................................... FEWSG .................................... Unjustified Request ...............................................................012 83. KC–130J .... E–2 SERIES ................................................200] 45...........................................561 –151.................800] [–6................................828 61.... Training equipment growth ............................................ SH–60 SERIES ...............762 445.............................772] 0 27........... RQ–7 UAV ................... MH–60R ........................773 [–1................................... AV–8 SERIES . Air launched decoy jammer ............................................... H–53 SERIES ....394 11...................................................................................511 [–20................................................288 0 0 191.906 [–10................ P–3 SERIES ....... P–8A POSEIDON ..............................................................................001 –70................ Excess ECO ...........................................986 12........................013.......................... HC–130J ......................................................................................... Obsolescence install unjustified growth .................431 2.......................................................431 2.............................. Block II FAB-T non-recurring engineering early to need ....906 0 87.........................................................200] –162...............986 0 [–12.. UH–1Y/AH–1Z .......................................942 0 256........ Service life extension program install early to need ...................................................653 [–7........ MH–60R ......... UH–1Y/AH–1Z ...............................................600] 11 12 13 13 14 15 15 16 17 17 18 19 19 20 21 22 23 24 24 25 26 27 28 29 30 31 32 –69............................ MH–60S (MYP) .............................619 157..................................080 74.........734 34.........229 2..................................................820 [–1........... TRAINER A/C SERIES ....................................................................428............................... Low rate initial production contract award slip ...820 83.....000] [–6.......................600] 83......... PROCUREMENT (In Thousands of Dollars) Line 6 7 7 8 9 9 10 11 Item JOINT STRIKE FIGHTER CV ........... E–6 SERIES ...........942 0 266......040 948........................................................................................... Reduce ECO ......365.................................................................................300] 24................................................................360 68................779 † S 1867 ES . C–2A .......................................139 2... 4101....................008 733..........................................772 0 27....................412 [–2........597 [–20.215 18.......................... MH–60R ......................500] 15.............. C–40A ........ DIRCM Other support excess ......................................................... P–8A POSEIDON ....................................................................................................................................400] 82..................................................................................................... V–22 (MEDIUM LIFT) .......................................................... EA–6 SERIES ...............310 479.............766 [–1.................................................244 [–10...500] 84....................................288 0 0 191.............. EP–3 SERIES ........................ UH–1Y/AH–1Z ........................ AH–1W SERIES ............................................. SPECIAL PROJECT AIRCRAFT ..................................................................................................................................... OTHER SUPPORT AIRCRAFT ................................ FY 2012 Request 217..........200] [–5.300] 16..............................................................................326 117......................................762 499..744 84..........................................................................................................................................................................742 SEC.....800] [–1................080 74...................... Other support growth .......... Reduce ECO ..................................900] [–14........................................................................................................................................................ JSF STOVL ....................................................................................215 22...................000] 11.............. Install equipment nonrecurring unjustified growth ....... V–22 (MEDIUM LIFT) ...............................181 171..........................................................253 47 58................................................................................ Block Recapture program delay ......................831 [–4.........000] –118............................................................................................... T–45 SERIES ..185......................181 169..................................................302 27....................................................................... JSF STOVL ...... Other support growth .......................248 57.........................................006 209..........................................463 165...........................................................................................................................................000] [–12...................000] 0 87.................................................................... MH–60S (MYP) .....................612 [–2............................. CARGO/TRANSPORT A/C SERIES .............. JSF STOVL ....004 –166....179 [–6..............................326 117.........................................................................................................................................................365.....................................................................666 1........... MQ–8 UAV ....... F–18 SERIES ........................................765 [–2.............................................................000] –69.....................................153 256..................................................................................................................................... for VH–3/VH–60 sustainment...............259 –286.....................................................................006 209................065 30................................................ MH–60S (MYP) ................................................................................................................................................. Navy requested transfer fromRDT&E.................................................................................... E–2D ADV HAWKEYE ..................... H–46 SERIES .....700] 29...................................561 –140........................511 –118.......................... E–2D ADV HAWKEYE .. V–22 (MEDIUM LIFT) .......428.........................033................................594 1.............................302 27....... Reduce ECO .................200] [–20..... Integrated Logistics Support excess to need ............................................................................................. Navy line 98............................................................................................594 1..............011 [24.... Digital Communications System reduce quantities ........... Excess funding reserve ....004 –166...139 1..............310 479........................................666 [–30....................................................................................259 –286..............828 62..............................................040 953...............597 33 34 35 36 37 38 39 40 41 42 43 44 45 46 27................... C–130 SERIES .........................................................................................................................666 Senate Authorized 217.......................................................666 1.................................466 29................................................. AEA SYSTEMS ..................394 8... Other support growth ....................................................... JPATS .. P–8A POSEIDON ........................................................................... Net Centric Operations reduce A kits ..................................773 16. KC–130J ...................................................................................................................................................... H–1 SERIES ...... Block I install cost savings .......................001 –70.....

................ SMALL ARMS AND WEAPONS .....306 188........................................................ SPARES AND REPAIR PARTS ...............395 [–3............................................................. Transfer from PE 64273N (RDN 98) for VH–60 trainer ...703 0 46........098 137.......... AMRAAM ...... Booster for SV4 early to need ............................ COMMON AVIONICS CHANGES .....................................................................................................................................................................................................................................................................486 73.803 78..........................................................................................013 12...........331... ORDNANCE SUPPORT EQUIPMENT ....... F–35 initial spares execution ....................124 21..................................003 9..............553 15....... P–8A initial spares execution ....979 238.................................................................................................................093 0 37..... ESSM ........................847 524 [–1..........525 43.......... Deficiencies modifications other support growth .............037 37............................. WEAPONS INDUSTRIAL FACILITIES .....................000] 363............... MISSILE INDUSTRIAL FACILITIES ......... PROCUREMENT (In Thousands of Dollars) Line Item Avionics Obsolescence contract support growth ......................000] 21.................................................550 17....309....................000] 1......................................................................................930 489 11.............................................................324 66..........................................................................045 42.. FIRST DESTINATION TRANSPORTATION ................................. STANDARD MISSILE ....... RAM .....722 420..... P–8 SERIES .309.........330 2............................... NAVY TRIDENT II MODS ... AVIATION LIFE SUPPORT MODS ........278 [–58.............................................................................................800] 0 32................................................................................953 3............800] 138........................................395 1..............................................037 37................... SPECIAL SUPPORT EQUIPMENT .........................................000] 0 0 52.................................300] 0 [–2..... TOTAL...................................................... OTHER MISSILE SUPPORT .........................494 47... HELLFIRE ....... WEAPONS PROCUREMENT......................................................................................................................................... FLEET SATELLITE COMM FOLLOW-ON . TORPEDO SUPPORT EQUIPMENT ..................... JPATS SERIES ........... AIRBORNE MINE NEUTRALIZATION SYSTEMS ....419 55..................................................743 SEC...... COMMON GROUND EQUIPMENT ..................930] 489 11.....419 60.....300 10........................................................................................................ NAVY ..........................................................957 0 50................ Other support growth ...............................................030 [–5.........................953 3..098 137.685 [12........................................................................................................................................................................................ V–22 (TILT/ROTOR ACFT) OSPREY ............. QUICKSTRIKE MINE ................... RQ–7 SERIES ................................494 [–69.....................................524 1.................................................. COAST GUARD WEAPONS .. ID SYSTEMS .................... CNS/ATM Other support growth ......486 73.. Reliability modifications other support growth .................... LCS MODULE WEAPONS ..061 0 1..............................203 0 55.............................076..............967] [–100.............................069 89........255 31..................................................................685 22....................... Unobligated balances ............................................................................................................................................979 33.................... STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ......................................255 31...........................................................197 22..................................... OTHER PRODUCTION CHARGES .................................... 4101....................................... Production Backlog .............................................................................. CIWS MODS ....................102 3.......................................... FLEET SATELLITE COMM FOLLOW-ON ...................408......................................... F/A–18E/F initial spares cost growth ........................................................................................................................... MK–54 TORPEDO MODS ................................... CANCELLED ACCOUNT ADJUSTMENTS ... AIRCRAFT PROCUREMENT.................................. ASW TARGETS ...........493 5......................550 17.....................................................................719 0 18........................... MK–48 TORPEDO ADCAP MODS ......................994 [–23............................................587............ SPARES AND REPAIR PARTS ..........478 1..................................................525 43........003 9........000] 1..................................................013 12............847 1.............764 [–2.... FLEET SATELLITE COMM FOLLOW-ON .......................... SIDEWINDER ......................................................................................................215 0 0 52...................................... MAGTF EW FOR AVIATION .....................................770 43.492 303................219 3............................... Unit Cost efficiencies ........... Unjustified support increase ...... FIRST DESTINATION TRANSPORTATION .........072 147................................124 24... AIRCRAFT INDUSTRIAL FACILITIES ... Transfer to OCO ..................................................................069 92............................................ POWER PLANT CHANGES .............. P–8 modifications ahead of need .561 48.......................................................000] 22...................... CANCELLED ACCOUNT ADJUSTMENTS ..... WEAPONS PROCUREMENT...957 0 50.........................061 0 1.............................................................................102 3......046] 66.............. NAVY ...................803 78....................................................................................... ASW RANGE SUPPORT .......................................770 43............................ JSOW ..492 303..........000] 1.............. COMMON ECM EQUIPMENT ................... DIRCM A kit savings .......................................................................593............................359 3..........722 362......... HARM MODS ....................306 119....703 0 46................................203 0 55..................................................500] [–2...............................................................300] 10....................................................................719 0 17.... WAR CONSUMABLES .......553 15.219 3......... STANDARD MISSILES MODS ........................171........................................293 [–8...033 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1................................................... CRUISER MODERNIZATION WEAPONS ................................................. GUN MOUNT MODS .........................................................045 42..........................764 50 51 52 53 54 55 56 57 58 59 60 21...................................................................272 [–2.....................215 [–205.................................264 61 1. FY 2012 Request Senate Authorized [–6............... TOTAL...................................................................................... TOMAHAWK ...............................................358 27................................................................561 48...000] [–36............000] 47...197 22................. COMMON DEFENSIVE WEAPON SYSTEM ............... AERIAL TARGETS ....................................................................................493 5......................359 3.................................................................................................961 62 63 64 65 66 67 68 351........................358 0 [–27.....432 † S 1867 ES ...........................

.. A131 complete rounds cost growth..........................142......................... ALL TYPES ....386 –119............ JATOS . CARTRIDGES & CART ACTUATED DEVICES ...812 21. GRENADES...........................766 19......... ..................387 3.....927 8.........................................................266 2..........927 8..... SMALL ARMS & LANDING PARTY AMMO ..............107 58...................................................................................................... Program execution—USMC offered reduction..............................786 [–21.............006 19........................... DDG–51 .....................524..........................................................................................................028.........677 2...................... Production engineering growth.500] [–2......................................910............................................................871 3.....................677 2....992 14............................... ALL TYPES ..107 58...................... PROCUREMENT (In Thousands of Dollars) Line Item FY 2012 Request Senate Authorized 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROCUREMENT OF AMMO........992 14....... MK295 cartridge contract delay................ TOTAL..................... AIRBORNE ROCKETS.. OCEANOGRAPHIC SHIPS ......... DDG–51 ..............................921 0 554......................... LITTORAL COMBAT SHIP ......................................000 155................. 5 INCH/54 GUN AMMUNITION ..076 73............................ PYROTECHNIC AND DEMOLITION ............ ................................. Program execution—USMC offered reduction...........................................910....................................106 89.................................526 1........................................................765 –1.....................................798 5............... 4101..........984 100......................................761 0 529.....901 [–7.................798 5............................................................................................................................................076 73............................... VIRGINIA CLASS SUBMARINE ................................................................289 49...........................................106 89......... BLU–109 cost growth.200] [–2.......................................... VIRGINIA CLASS SUBMARINE .............................................928............ 64..................................................................................................................... SHIPBUILDING & CONVERSION........... ITEMS LESS THAN $5 MILLION .................984 100........................080] 10..........................986 0 2........................018.............................................................652 0 453.................................................... 120MM.......................... LPD–17 .................................... VIRGINIA CLASS SUBMARINE ....100] 0 37.............................................. OTHER SHIP GUN AMMUNITION .............928...........................................863 84... NON LETHALS ............................... AIR EXPENDABLE COUNTERMEASURES ...................... SMALL ARMS AMMUNITION .......................................................452 15....................................952 63. MOORED TRAINING SHIP ......................................880 635....526 22......... 40 MM........200 292................. ................693 –47..................................................... CVN REFUELING OVERHAULS ........... ...............524..............................................320 21.......................727 2......................................200 292...................................... ALL TYPES ......................... CTG 25MM.......691 0 185...................000] 3......000] 9....142.....................112 [–18...920] 46........ LINEAR CHARGES................................................................................... FUZE..................452 15............................556 42........... CVN REFUELING OVERHAULS . Production engineering growth................... M913 LAP kit contract delay................. NAVY & MC .......................................................................... ............................................................................863 84.................................693 –47.... ALL TYPES ............................... 60MM...............................................416 60............766 0 38................................................... SHIPBUILDING & CONVERSION....................... TOTAL.............................................. LITTORAL COMBAT SHIP ............. AMMUNITION LESS THAN $5 MILLION ..................................................... Support funding carryover................................889 13.......... .......................................880 719.........................................................................................105] [–1......... ALL TYPES ............... .....................................788 35..............100 [–8.....723 1.........................018............................................... JDAM ....................... OUTFITTING .. ALL TYPES ......841 1 2 3 3 4 5 6 7 8 9 9 10 11 11 12 13 13 14 15 16 17 18 19 20 21 22 23 0 554............................. AMMO MODERNIZATION ..........986 0 2............................................... ........... MACHINE GUN AMMUNITION ........... PROCUREMENT OF AMMO........................................................................................................................................... ....................921.........324 9...............................................................550 1. LITTORAL COMBAT SHIP ........... Support funding carryover.........................................................................938 51....................557 3.550 1..............................387 [–2........ LPD–17 ...031.................................................000 155...............774] 72................ Program execution—USMC offered reduction..................................... ............. ALL TYPES ......................................................871 3.......................................................264 [–1.224] 7..............................723 1..................................................... 81MM....761 0 529................... ....... JOINT HIGH SPEED VESSEL ..................................... SERVICE CRAFT ................921...........386 –119......................266 2........................ M913 LAP kit contract delay..864 [–12...... ALL TYPES .....666 [–1..............652 0 453........ NAVY & MC GENERAL PURPOSE BOMBS .......................................199 4....................................293 0 2...............................................199 4.........819 10.............................. Excess prior year multi-option fuze support funding......................................430 –183..........................................889 13..........................000] 937 18......................660 [–3.......000] 1............................. DEMOLITION MUNITIONS............ COMPLETION OF PY SHIPBUILDING PROGRAMS ..... NAVY ....................744 SEC.........................765 –1............727 2........................................... LHA REPLACEMENT .............................031.....786 9........ ALL TYPES .......................... NAVY CARRIER REPLACEMENT PROGRAM ..557 3............018 [–2...................................... PRACTICE BOMBS ............................ ................ ROCKETS................................................................ ARTILLERY.. CARRIER REPLACEMENT PROGRAM ............ A576 LAP kit cost growth..................766 10..............028................264 17.................430 –183........................691 0 185................. ......039 [–1........................... LPD–17 .......................................... INTERMEDIATE CALIBER GUN AMMUNITION ...................................208] 19.... ALL TYPES ......................................293 0 2....................................864 937 26... DDG–51 ...... ALL TYPES ..................434 84......................................416 60.......788 35............... SSBN ERO ..................................................556 42.................................... .....................289 49.................................................................812 17.................000] 17.....................................921 † S 1867 ES ..................................................................................... DDG 1000 ............... LCAC SLEP ................................ LHA REPLACEMENT ............ ALL TYPES ................................................

....................................................... NATIONAL AIR SPACE SYSTEM ..... REACTOR COMPONENTS ........829 212....................................................................................................................... SUBMARINE SUPPORT EQUIPMENT ..394 18............................643 22..........397 436...........................................................................................................054 7................................... FLEET AIR TRAFFIC CONTROL SYSTEMS ...................941 8..... DDG MOD ..... AN/AQS–20A--Contract Delay .......................... STRATEGIC PLATFORM SUPPORT EQUIP ..... SSN ACOUSTICS .............. NAVY LM–2500 GAS TURBINE ..............994 † S 1867 ES ......583 143.................................................................................244 39.............................................. AUTOMATED IDENTIFICATION SYSTEM (AIS) ...............693 42................................................................................349 0 18............ UNDERWATER EOD PROGRAMS ..... Integrated Common Processor [ICP] Procurement--Ahead of Need .............364 100................... SUBMARINE SUPPORT EQUIPMENT PROG ..518 26............................................................913 54......................................141 20... LCS MODULES . SPQ–9B RADAR .......................... ITEMS LESS THAN $5 MILLION ... 13.......... Block 1B3 Units--No Longer Required ...................................................... LCAC ...............................................................................370 4................................................................................054 7.470 [–10..................989 8....394 18......................194] 100.... NAVSTAR GPS RECEIVERS (SPACE) ...................892 100........994 13.....397 436............................................ SUBMARINE BATTERIES .............................................................................................................859] [–3....900] 1........... SONAR SWITCHES AND TRANSDUCERS ....926 4...................................537 18...........................................................518 26...................................... REACTOR POWER UNITS ............................................982 60........................ DIVING AND SALVAGE EQUIPMENT .........................................017 942 7........................... ALLISON 501K GAS TURBINE ............................................................................................................... AN/SLQ–32 .......................................600 11......... OPERATING FORCES IPE ................................... CHEMICAL WARFARE DETECTORS .........600 585......................... 4101........554 2....522 17.........818 24............ Signal Data Processors Backfits--Ahead of Need ....296 25.......048 9............049 22.......................................175 79.............................. NAVY COMMAND AND CONTROL SYSTEM (NCCS) ......163 [–8.. OTHER TRAINING EQUIPMENT .............................................................. DEPLOYABLE JOINT COMMAND AND CONT .............. PAAA Backfit Installation Funding--No Longer Required .... NAVAL MISSION PLANNING SYSTEMS ........... SUBMARINE LIFE SUPPORT SYSTEM .............................048 9................................................................ SSTD ............................................522 17.......... SUB PERISCOPES & IMAGING EQUIP ............................................793 29..........................................913 54.483 18...................... FIREFIGHTING EQUIPMENT ......................................................... STRATEGIC PLATFORM SUPPORT EQUIP ...........296 25............. Signal Data Processors Backfits [AN/USG–2A]--Ahead of Need ..................................................470 [–1..........453 39.......................228 2............................................................. LSD MIDLIFE ................ RADAR SUPPORT .........................................................................096 103..................................................... FIXED SURVEILLANCE SYSTEM ......................809 5.............913 29....................................745 SEC................................................................................370 4........ Paragon Systems--Change to Procurement Strategy ................793 23..257 60.................642 144.............. POLLUTION CONTROL EQUIPMENT ......829 212.........642 144...................... LANDING SYSTEMS ..............266 15.............................. ATDLS ............................................................ SURTASS .............745 [–2.............................645 1..............613 73................... AMERICAN FORCES RADIO AND TV SERVICE .136 7................143 45...............................141 29............554 2....228 2........................................................926 4..................941 8......349 [–5..332 426 33.............................................................. SUBMARINE ACOUSTIC WARFARE SYSTEM .............................................................508 13.............................138 31........818 24......793 29.............................................................266 15...............................793 17..............................................................499 113...................................................................................... TRUSTED INFORMATION SYSTEM (TIS) ......................................................................247 13....................000] [–2.................................................................. COOPERATIVE ENGAGEMENT CAPABILITY ...................300] 426 33...868 1.......499 99.........................................................693 42...047 [–2.. MINESWEEPING SYSTEM REPLACEMENT ....................... SHIPBOARD IW EXPLOIT . COMMAND AND CONTROL SWITCHBOARD ...........902 [–3..................................................................170 8...................... UNDERSEA WARFARE SUPPORT EQUIPMENT ....................................... STANDARD BOATS .913 29......................................794 8........................ MARITIME PATROL AND RECONNAISANCE FORCE .... MATCALS .......................838 271..............................136 7.............................141 27....................... NUCLEAR ALTERATIONS . Shore Site Upgrades--Excessive Growth .......794 8..032 [–2.613 73....000] [–2.............................. DSSP EQUIPMENT ..213 7............ ELECTRONIC WARFARE MILDEC ...........896 27....................483 18.......................................... OTHER SHIPS TRAINING EQUIPMENT ...868 1......... Auto Voltage Regulators--Ahead of Need ................................................................................................141 20.................257 60............................................... AUTOMATIC CARRIER LANDING SYSTEM ................508 13................................138 33........049 22.................... LCS Waterjet Impellers--No Longer Required ............213 7..............838 271............................................................686 13.. Production Support--Excess to Need ...............................................................175 68......... AN/SQQ–89 SURF ASW COMBAT SYSTEM .......................................... Mark XII Mode 5–-Ahead of Need ...............364 100...............860 119....... PROCUREMENT (In Thousands of Dollars) Line Item FY 2012 Request Senate Authorized 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 OTHER PROCUREMENT...................................................................................................700] 8......................................686 13............... SHIPBOARD AIR TRAFFIC CONTROL ....................................982 60................................... VIRGINIA CLASS SUPPORT EQUIPMENT .................. ID SYSTEMS .....................................................600 11.....989 8.......143 45..........................860 119.........................................537 18..........920] [–2..........896 27..200] 13......000] 0 18..................................................................................892 100................................. CG MODERNIZATION .................. SHALLOW WATER MCM .............600 590............................. NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ........................................500] 143.................................................................... OTHER NAVIGATION EQUIPMENT .................244 39................637 3..017 942 7.........643 22......................637 3......480] 5.......................453 43.....................

............................................ INTEG COMBAT SYSTEM TEST FACILITY ..............................................................................202 9..........148 72.......................................................447 25...... AEGIS SUPPORT EQUIPMENT ........................................................876 [–1...............926 4....................741 51...........271 3.....................................................................290 96.......... GUN FIRE CONTROL EQUIPMENT ......................... AIRCRAFT REARMING EQUIPMENT ............................ NAVAL SHORE COMMUNICATIONS ..........197 177...............................464 [–11................ STRATEGIC MISSILE SYSTEMS EQUIP ..................................................................903] 18...........541 [–77............................................................ GPETE ............................716 1.......................823 187........................................857 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 14..........................................................................314 40.............................................................. NAVY MULTIBAND TERMINAL (NMT) ..............022 33...............186 1...........716 5...................941 19... SURFACE ASW SUPPORT EQUIPMENT .............................................529 10....... Contract Delays ........................................... NAVAL FIRES CONTROL SYSTEM ...............329 2..........................................257 [–1......003 1......