PUBLIC LAW 112–81—DEC. 31, 2011 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2012 


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125 STAT. 1298 PUBLIC LAW 112–81—DEC. 31, 2011 

Public Law 112–81 

112th Congress 

An Act 

To authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the 

Department of Energy, to prescribe military personnel strengths for such fiscal 

year, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2012’’. 

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

(a) DIVISIONS.—This Act is organized into five divisions as 

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(4) Division D—Funding Tables. 

(5) Division E—SBIR and STTR Reauthorization. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Limitation on procurement of Stryker combat vehicles. 

Sec. 112. Limitation on retirement of C–23 aircraft. 

Sec. 113. Multiyear procurement authority for airframes for Army UH–60M/HH– 

60M helicopters and Navy MH–60R/MH–60S helicopters. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters. Sec. 122. Separate procurement line item for certain Littoral Combat Ship mission 

modules. 

Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance and sustainability plans for the Littoral Combat Ship program. Sec. 124. Extension of Ford-class aircraft carrier construction authority. 

Subtitle D—Air Force Programs 

Sec. 131. Strategic airlift aircraft force structure. 

National Defense 

Authorization 

Act for Fiscal 

Year 2012. 

Dec. 31, 2011 

[H.R. 1540] 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1299 

Sec. 132. Limitations on use of funds to retire B–1 bomber aircraft. 

Sec. 133. Limitation on retirement of U–2 aircraft. 

Sec. 134. Availability of fiscal year 2011 funds for research and development relating to the B–2 bomber aircraft. 

Sec. 135. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record. 

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

Subtitle E—Joint and Multiservice Matters 

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

system. 

Sec. 142. Limitation on availability of funds for Aviation Foreign Internal Defense 

program. 

Sec. 143. F–35 Joint Strike Fighter aircraft. 

Sec. 144. Additional oversight requirements for the undersea mobility acquisition 

program of the United States Special Operations Command. 

Sec. 145. Inclusion of information on approved Combat Mission Requirements in 

quarterly reports on use of Combat Mission Requirement funds. 

Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-engining program. 

Sec. 147. Authority for exchange with United Kingdom of specified F–35 Lightning 

II Joint Strike Fighter aircraft. 

Sec. 148. Report on probationary period in development of short take-off, vertical 

landing variant of the Joint Strike Fighter. 

Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform Act of 

2009 measures within the Joint Strike Fighter aircraft program. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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

Sec. 212. Limitation on the individual carbine program. 

Sec. 213. Limitation on availability of funds for Future Unmanned Carrier-based 

Strike System. 

Sec. 214. Limitation on availability of funds for amphibious assault vehicles of the 

Marine Corps. 

Sec. 215. Limitation on obligation of funds for the F–35 Lightning II aircraft program. 

Sec. 216. Limitation on use of funds for Increment 2 of B–2 bomber aircraft extremely high frequency satellite communications program. 

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

management system. 

Sec. 218. Limitation on availability of funds for wireless innovation fund. 

Sec. 219. Prohibition on delegation of budgeting authority for certain research and 

educational programs. 

Sec. 220. Designation of main propulsion turbomachinery of the next-generation 

long-range strike bomber aircraft as major subprogram. 

Sec. 221. Designation of electromagnetic aircraft launch system development and 

procurement program as major subprogram. 

Sec. 222. Advanced rotorcraft flight research and development. 

Sec. 223. Preservation and storage of certain property related to F136 propulsion 

system. 

Subtitle C—Missile Defense Programs 

Sec. 231. Acquisition accountability reports on the ballistic missile defense system. 

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

programs. 

Sec. 233. Homeland defense hedging policy and strategy. 

Sec. 234. Ground-based midcourse defense program. 

Sec. 235. Limitation on availability of funds for the medium extended air defense 

system. 

Sec. 236. Sense of Congress regarding ballistic missile defense training. 

Subtitle D—Reports 

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

certification on funding for development of hypersonics. 

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

missile submarine. 


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125 STAT. 1300 PUBLIC LAW 112–81—DEC. 31, 2011 

Sec. 243. Report on the electromagnetic rail gun system. 

Sec. 244. Annual comptroller general report on the KC–46A aircraft acquisition 

program. 

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

Sec. 246. Report on increased budget items. 

Subtitle E—Other Matters 

Sec. 251. Repeal of requirement for Technology Transition Initiative. 

Sec. 252. Contractor cost-sharing in pilot program to include technology protection 

features during research and development of certain defense systems. 

Sec. 253. Extension of authority for mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 

Sec. 254. National defense education program. 

Sec. 255. Laboratory facilities, Hanover, New Hampshire. 

Sec. 256. Sense of Congress on active matrix organic light emitting diode technology. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Designation of senior official of Joint Chiefs of Staff for operational energy plans and programs and operational energy budget certification. 

Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the national defense. 

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

Sec. 314. Modification to the responsibilities of the Assistant Secretary of Defense 

for Operational Energy, Plans, and Programs. 

Sec. 315. Energy-efficient technologies in contracts for logistics support of contingency operations. 

Sec. 316. Health assessment reports required when waste is disposed of in openair burn pits. 

Sec. 317. Streamlined annual report on defense environmental programs. 

Sec. 318. Payment to Environmental Protection Agency of stipulated penalties in 

connection with Jackson Park Housing Complex, Washington. 

Sec. 319. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp 

Lejeune, North Carolina. 

Sec. 320. Fire suppression agents. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Definition of depot-level maintenance and repair. 

Sec. 322. Designation of military arsenal facilities as Centers of Industrial and 

Technical Excellence. 

Sec. 323. Permanent and expanded authority for Army industrial facilities to enter 

into certain cooperative arrangements with non-Army entities. 

Sec. 324. Implementation of corrective actions resulting from corrosion study of the 

F–22 and F–35 aircraft. 

Sec. 325. Modification of requirements relating to minimum capital investment for 

certain depots. 

Sec. 326. Reports on depot-related activities. 

Sec. 327. Core depot-level maintenance and repair capabilities. 

Subtitle D—Readiness 

Sec. 331. Modification of Department of Defense authority to accept voluntary contributions of funds. 

Sec. 332. Review of proposed structures affecting navigable airspace. 

Subtitle E—Reports 

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

materiel and equipment. 

Sec. 342. Additional matters for inclusion in and modified deadline for the annual 

report on operational energy. 

Sec. 343. Study on Air Force test and training range infrastructure. 

Sec. 344. Study on training range infrastructure for special operations forces. 

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

life extension programs to achieve cost savings. 


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Sec. 346. Study on United States force posture in the United States Pacific Command area of responsibility. 

Sec. 347. Study on overseas basing presence of United States forces. 

Sec. 348. Inclusion of assessment of joint military training and force allocations in 

quadrennial defense review and national military strategy. 

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

Subtitle F—Limitations and Extension of Authority 

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

wounded member of the Armed Forces who was the dog’s handler. 

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

Sec. 353. Designation and limitation on obligation and expenditure of funds for the 

migration of Army enterprise email services. 

Sec. 354. One-year extension of pilot program for availability of working-capital 

funds to Army for certain product improvements. 

Subtitle G—Other Matters 

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

components in excess of military requirements, and fired cartridge 

cases. Sec. 362. Comptroller General review of space-available travel on military aircraft. 

Sec. 363. Authority to provide information for maritime safety of forces and hydrographic support. 

Sec. 364. Deposit of reimbursed funds under reciprocal fire protection agreements. 

Sec. 365. Clarification of the airlift service definitions relative to the Civil Reserve 

Air Fleet. 

Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts. 

Sec. 367. Policy on Active Shooter Training for certain law enforcement personnel. 

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

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. 

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

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy Generally 

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

in grades of major, lieutenant colonel, and colonel. 

Sec. 502. General officer and flag officer reform. 

Sec. 503. National Defense University outplacement waiver. 

Sec. 504. Voluntary retirement incentive matters. 

Subtitle B—Reserve Component Management 

Sec. 511. Leadership of National Guard Bureau. 

Sec. 512. Membership of the Chief of the National Guard Bureau on the Joint 

Chiefs of Staff. 

Sec. 513. Modification of time in which preseparation counseling must be provided 

to reserve component members being demobilized. 

Sec. 514. Clarification of applicability of authority for deferral of mandatory separation of military technicians (dual status) until age 60. 

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

and Air Force Reserve to active duty to provide assistance in response 

to a major disaster or emergency. 

Sec. 516. Authority for order to active duty of units of the Selected Reserve for 

preplanned missions in support of the combatant commands. 

Sec. 517. Modification of eligibility for consideration for promotion for reserve officers employed as military technicians (dual status). 


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Sec. 518. Consideration of reserve component officers for appointment to certain 

command positions. 

Sec. 519. Report on termination of military technician as a distinct personnel management category. 

Subtitle C—General Service Authorities 

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

Sec. 522. Policy addressing dwell time and measurement and data collection regarding unit operating tempo and personnel tempo. 

Sec. 523. Protected communications by members of the Armed Forces and prohibition of retaliatory personnel actions. 

Sec. 524. Notification requirement for determination made in response to review of 

proposal for award of Medal of Honor not previously submitted in timely 

fashion. 

Sec. 525. Expansion of regular enlisted members covered by early discharge authority. 

Sec. 526. Extension of voluntary separation pay and benefits authority. 

Sec. 527. Prohibition on denial of reenlistment of members for unsuitability based 

on the same medical condition for which they were determined to be fit 

for duty. 

Sec. 528. Designation of persons authorized to direct disposition of remains of 

members of the Armed Forces. 

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

Forces and their spouses. 

Sec. 530. Conversion of high-deployment allowance from mandatory to authorized. 

Sec. 531. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces. 

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

schools. 

Sec. 533. Department of Defense suicide prevention program. 

Subtitle D—Military Justice and Legal Matters 

Sec. 541. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice. 

Sec. 542. Authority to compel production of documentary evidence. 

Sec. 543. Clarification of application and extent of direct acceptance of gifts authority. 

Sec. 544. Freedom of conscience of military chaplains with respect to the performance of marriages. 

Subtitle E—Member Education and Training Opportunities and Administration 

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

duty who are transitioning to civilian life. 

Sec. 552. Enhancement of authorities on joint professional military education. 

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

the military service academies. 

Sec. 554. Enhancement of administration of the United States Air Force Institute 

of Technology. 

Sec. 555. Enrollment of certain seriously wounded, ill, or injured former or retired 

enlisted members of the Armed Forces in associate degree programs of 

the Community College of the Air Force in order to complete degree program. 

Sec. 556. Reserve component mental health student stipend. 

Sec. 557. Fiscal year 2012 administration and report on the Troops-to-Teachers 

Program. 

Sec. 558. Pilot program on receipt of civilian credentialing for skills required for 

military occupational specialties. 

Sec. 559. Report on certain education assistance programs. 

Subtitle F—Armed Forces Retirement Home 

Sec. 561. Control and administration by Secretary of Defense. 

Sec. 562. Senior Medical Advisor oversight of health care provided to residents of 

Armed Forces Retirement Home. 

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

Resident Advisory Committees. 

Sec. 564. Administrators, Ombudsmen, and staff of facilities. 

Sec. 565. Revision of fee requirements. 

Sec. 566. Revision of inspection requirements. 

Sec. 567. Repeal of obsolete transitional provisions and technical, conforming, and 

clerical amendments. 


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Subtitle G—Defense Dependents’ Education and Military Family Readiness Matters 

Sec. 571. Impact aid for children with severe disabilities. 

Sec. 572. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 573. Three-year extension and enhancement of authorities on transition of 

military dependent students among local educational agencies. 

Sec. 574. Revision to membership of Department of Defense Military Family Readiness Council. 

Sec. 575. Reemployment rights following certain National Guard duty. 

Sec. 576. Expansion of Operation Hero Miles. 

Sec. 577. Report on Department of Defense autism pilot and demonstration 

projects. 

Sec. 578. Comptroller General of the United States report on Department of Defense military spouse employment programs. 

Subtitle H—Improved Sexual Assault Prevention and Response in the Armed Forces 

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

Assault Response Coordinators and Sexual Assault Victim Advocates. 

Sec. 582. Consideration of application for permanent change of station or unit 

transfer based on humanitarian conditions for victim of sexual assault 

or related offense. 

Sec. 583. Director of Sexual Assault Prevention and Response Office. 

Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. 

Sec. 585. Training and education programs for sexual assault prevention and response program. 

Sec. 586. Department of Defense policy and procedures on retention and access to 

evidence and records relating to sexual assaults involving members of 

the Armed Forces. 

Subtitle I—Other Matters 

Sec. 588. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities. 

Sec. 589. Military adaptive sports program. 

Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration Program. 

Sec. 591. Army National Military Cemeteries. 

Sec. 592. Inspection of military cemeteries under jurisdiction of the military departments. 

Sec. 593. Authorization for award of the distinguished service cross for Captain 

Fredrick L. Spaulding for acts of valor during the Vietnam War. 

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

for acts of valor during the Korean War. 

Sec. 595. Review regarding award of Medal of Honor to Jewish American World 

War I veterans. 

Sec. 596. Report on process for expedited determination of disability of members of 

the Armed Forces with certain disabling conditions. 

Sec. 597. Comptroller General study of military necessity of Selective Service System and alternatives. 

Sec. 598. Evaluation of issues affecting disposition of remains of American sailors 

killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on 

September 4, 1804. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

allowance for housing under certain circumstances. 

Sec. 602. Lodging accommodations for members assigned to duty in connection with 

commissioning or fitting out of a ship. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

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

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 


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Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

Sec. 616. Modification of qualifying period for payment of hostile fire and imminent 

danger special pay and hazardous duty special pay. 

Subtitle C—Travel and Transportation Allowances Generally 

Sec. 621. One-year extension of authority to reimburse travel expenses for inactiveduty training outside of normal commuting distance. 

Subtitle D—Consolidation and Reform of Travel and Transportation Authorities 

Sec. 631. Consolidation and reform of travel and transportation authorities of the 

uniformed services. 

Sec. 632. Transition provisions. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

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

to be sold by ship stores afloat. 

Sec. 642. Access of military exchange stores system to credit available through Federal Financing Bank. 

Sec. 643. Designation of Fisher House for the Families of the Fallen and Meditation Pavilion, Dover Air Force Base, Delaware, as a Fisher House. 

Subtitle F—Disability, Retired Pay and Survivor Benefits 

Sec. 651. Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training. 

Subtitle G—Other Matters 

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

transitioning between active duty and full-time National Guard duty. 

Sec. 662. Report on incentives for recruitment and retention of health care professionals. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Annual enrollment fees for certain retirees and dependents. 

Sec. 702. Mental health assessments for members of the Armed Forces deployed in 

support of a contingency operation. 

Sec. 703. Behavioral health support for members of the reserve components of the 

Armed Forces. 

Sec. 704. Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities. 

Sec. 705. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States. 

Sec. 706. Transitional health benefits for certain members with extension of active 

duty following active duty in support of a contingency operation. 

Sec. 707. Provision of rehabilitative equipment under Wounded Warrior Act. 

Sec. 708. Transition enrollment of uniformed services family health plan medicareeligible retirees to TRICARE for life. 

Subtitle B—Health Care Administration 

Sec. 711. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces. 

Sec. 712. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States. 

Sec. 713. Expansion of State licensure exception for certain health care professionals. 

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

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

program. 

Sec. 716. Review of the administration of the military health system. 

Sec. 717. Limitation on availability of funds for the future electronic health records 

program. 

Subtitle C—Reports and Other Matters 

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

Standard and TRICARE Extra. 


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Sec. 722. Treatment of wounded warriors. 

Sec. 723. Report on research and treatment of post-traumatic stress disorder. 

Sec. 724. Report on memorandum regarding traumatic brain injuries. 

Sec. 725. Comptroller General report on women-specific health services and treatment for female members of the Armed Forces. 

Sec. 726. Comptroller General report on contract health care staffing for military 

medical treatment facilities. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Requirements relating to core depot-level maintenance and repair capabilities for Milestone A and Milestone B and elimination of references 

to Key Decision Points A and B. 

Sec. 802. Revision to law relating to disclosures to litigation support contractors. 

Sec. 803. Extension of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under defense 

contracts. 

Sec. 804. Extension of availability of funds in the Defense Acquisition Workforce 

Development Fund. 

Sec. 805. Defense Contract Audit Agency annual report. 

Sec. 806. Inclusion of data on contractor performance in past performance databases for source selection decisions. 

Sec. 807. Implementation of recommendations of Defense Science Board Task Force 

on Improvements to Service Contracting. 

Sec. 808. Temporary limitation on aggregate annual amount available for contract 

services. 

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

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Calculation of time period relating to report on critical changes in major 

automated information systems. 

Sec. 812. Change in deadline for submission of Selected Acquisition Reports from 

60 to 45 days. 

Sec. 813. Extension of sunset date for certain protests of task and delivery order 

contracts. 

Sec. 814. Clarification of Department of Defense authority to purchase right-hand 

drive passenger sedan vehicles and adjustment of threshold for inflation. 

Sec. 815. Rights in technical data and validation of proprietary data restrictions. 

Sec. 816. Covered contracts for purposes of requirements on contractor business 

systems. 

Sec. 817. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the 

Department of Defense. 

Sec. 818. Detection and avoidance of counterfeit electronic parts. 

Sec. 819. Modification of certain requirements of the Weapon Systems Acquisition 

Reform Act of 2009. 

Sec. 820. Inclusion of contractor support requirements in Department of Defense 

planning documents. 

Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from American 

sources. Sec. 822. Repeal of sunset of authority to procure fire resistant rayon fiber from 

foreign sources for the production of uniforms. 

Sec. 823. Prohibition on collection of political information. 

Subtitle C—Provisions Relating to Major Defense Acquisition Programs 

Sec. 831. Waiver of requirements relating to new milestone approval for certain 

major defense acquisition programs experiencing critical cost growth 

due to change in quantity purchased. 

Sec. 832. Assessment, management, and control of operating and support costs for 

major weapon systems. 

Sec. 833. Clarification of responsibility for cost analyses and targets for contract negotiation purposes. 

Sec. 834. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs. 

Sec. 835. Management of developmental test and evaluation for major defense acquisition programs. 

Sec. 836. Assessment of risk associated with development of major weapon systems 

to be procured under cooperative projects with friendly foreign countries. 


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Sec. 837. Competition in maintenance and sustainment of subsystems of major 

weapon systems. 

Sec. 838. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program. 

Sec. 839. Implementation of acquisition strategy for Evolved Expendable Launch 

Vehicle. 

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 

in Iraq or Afghanistan 

Sec. 841. Prohibition on contracting with the enemy in the United States Central 

Command theater of operations. 

Sec. 842. Additional access to contractor and subcontractor records in the United 

States Central Command theater of operations. 

Sec. 843. Reach-back contracting authority for Operation Enduring Freedom and 

Operation New Dawn. 

Sec. 844. Competition and review of contracts for property or services in support 

of a contingency operation. 

Sec. 845. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies. 

Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent operational 

needs. 

Subtitle E—Defense Industrial Base Matters 

Sec. 851. Assessment of the defense industrial base pilot program. 

Sec. 852. Strategy for securing the defense supply chain and industrial base. 

Sec. 853. Assessment of feasability and advisability of establishment of rare earth 

material inventory. 

Sec. 854. Department of Defense assessment of industrial base for night vision 

image intensification sensors. 

Sec. 855. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy. 

Subtitle F—Other Matters 

Sec. 861. Clarification of jurisdiction of the United States district courts to hear bid 

protest disputes involving maritime contracts. 

Sec. 862. Encouragement of contractor Science, Technology, Engineering, and Math 

(STEM) programs. 

Sec. 863. Sense of Congress and report on authorities available to the Department 

of Defense for multiyear contracts for the purchase of alternative fuels. 

Sec. 864. Acquisition workforce improvements. 

Sec. 865. Modification of delegation of authority to make determinations on entry 

into cooperative research and development agreements with NATO and 

other friendly organizations and countries. 

Sec. 866. Three-year extension of test program for negotiation of comprehensive 

small business subcontracting plans. 

Sec. 867. Five-year extension of Department of Defense Mentor-Protege Program. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Revision of defense business systems requirements. 

Sec. 902. Qualifications for appointments to the position of Deputy Secretary of Defense. 

Sec. 903. Designation of Department of Defense senior official with principal responsibility for airship programs. 

Sec. 904. Memoranda of agreement on identification and dedication of enabling capabilities of general purpose forces to fulfill certain requirements of special operations forces. 

Sec. 905. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security 

interests. 

Sec. 906. Sense of Congress on use of modeling and simulation in Department of 

Defense activities. 

Sec. 907. Sense of Congress on ties between Joint Warfighting and Coalition Center 

and Allied Command Transformation of NATO. 

Sec. 908. Report on effects of planned reductions of personnel at the Joint Warfare 

Analysis Center on personnel skills. 

Subtitle B—Space Activities 

Sec. 911. Harmful interference to Department of Defense Global Positioning System. 


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Sec. 912. Authority to designate increments or blocks of satellites as major subprograms subject to acquisition reporting requirements. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Report on implementation of recommendations by the Comptroller General on intelligence information sharing. 

Sec. 922. Insider threat detection. 

Sec. 923. Expansion of authority for exchanges of mapping, charting, and geodetic 

data to include nongovernmental organizations and academic institutions. 

Sec. 924. Ozone Widget Framework. 

Sec. 925. Plan for incorporation of enterprise query and correlation capability into 

the Defense Intelligence Information Enterprise. 

Sec. 926. Facilities for intelligence collection or special operations activities abroad. 

Subtitle D—Total Force Management 

Sec. 931. General policy for total force management. 

Sec. 932. Revisions to Department of Defense civilian personnel management constraints. 

Sec. 933. Additional amendments relating to total force management. 

Sec. 934. Modifications of annual defense manpower requirements report. 

Sec. 935. Revisions to strategic workforce plan. 

Sec. 936. Amendments to requirement for inventory of contracts for services. 

Sec. 937. Preliminary planning and duration of public-private competitions. 

Sec. 938. Conversion of certain functions from contractor performance to performance by Department of Defense civilian employees. 

Subtitle E—Quadrennial Roles and Missions and Related Matters 

Sec. 941. Chairman of the Joint Chiefs of Staff assessment of contingency plans. 

Sec. 942. Quadrennial defense review. 

Subtitle F—Other Matters 

Sec. 951. Activities to improve multilateral, bilateral, and regional cooperation regarding cybersecurity. 

Sec. 952. Report on United States Special Operations Command structure. 

Sec. 953. Strategy to acquire capabilities to detect previously unknown cyber attacks. 

Sec. 954. Military activities in cyberspace. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Budgetary effects of this Act. 

Sec. 1003. Additional requirements relating to the development of the Financial 

Improvement and Audit Readiness Plan. 

Sec. 1003A. Display of procurement of equipment for the reserve components of the 

Armed Forces under estimated expenditures for procurement in futureyears defense programs. 

Subtitle B—Counter-Drug Activities 

Sec. 1004. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1005. Three-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other 

governmental agencies. 

Sec. 1006. Two-year extension and expansion of authority to provide additional 

support for counter-drug activities of certain foreign governments. 

Sec. 1007. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1008. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1011. Budgeting for construction of naval vessels. 

Sec. 1012. Sense of Congress on naming of Naval vessel after United States Marine 

Corps Sergeant Rafael Peralta. 

Sec. 1013. Limitation on availability of funds for placing Maritime Prepositioning 

Ship squadrons on reduced operating status. 

Sec. 1014. Report on policies and practices of the Navy for naming the vessels of 

the Navy. 


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Sec. 1015. Transfer of certain high-speed ferries to the Navy. 

Sec. 1016. Modification of conditions on status of retired aircraft carrier ex-John F. 

Kennedy. 

Sec. 1017. Assessment of stationing of additional DDG–51 class destroyers at Naval 

Station Mayport, Florida. 

Subtitle D—Counterterrorism 

Sec. 1021. Affirmation of authority of the Armed Forces of the United States to detain covered persons pursuant to the Authorization for Use of Military 

Force. 

Sec. 1022. Military custody for foreign al-Qaeda terrorists. 

Sec. 1023. Procedures for periodic detention review of individuals detained at 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1024. Procedures for status determinations. 

Sec. 1025. Requirement for national security protocols governing detainee communications. 

Sec. 1026. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1028. Requirements for certifications relating to the transfer of detainees at 

United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities. 

Sec. 1029. Requirement for consultation regarding prosecution of terrorists. 

Sec. 1030. Clarification of right to plead guilty in trial of capital offense by military 

commission. 

Sec. 1031. Counterterrorism operational briefing requirement. 

Sec. 1032. National security planning guidance to deny safe havens to al-Qaeda 

and its violent extremist affiliates. 

Sec. 1033. Extension of authority to make rewards for combating terrorism. 

Sec. 1034. Amendments relating to the Military Commissions Act of 2009. 

Subtitle E—Nuclear Forces 

Sec. 1041. Biennial assessment and report on the delivery platforms for nuclear 

weapons and the nuclear command and control system. 

Sec. 1042. Plan on implementation of the New START Treaty. 

Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, nuclear 

weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. 

Sec. 1044. Sense of Congress on nuclear force reductions. 

Sec. 1045. Nuclear force reductions. 

Sec. 1046. Nuclear employment strategy of the United States. 

Sec. 1047. Comptroller General report on nuclear weapon capabilities and force 

structure requirements. 

Sec. 1048. Report on feasibility of joint replacement fuze program. 

Subtitle F—Financial Management 

Sec. 1051. Modification of authorities on certification and credential standards for 

financial management positions in the Department of Defense. 

Sec. 1052. Reliability of Department of Defense financial statements. 

Sec. 1053. Inclusion of plan on the financial management workforce in the strategic 

workforce plan of the Department of Defense. 

Sec. 1054. Tracking implementation of Department of Defense efficiencies. 

Subtitle G—Repeal and Modification of Reporting Requirements 

Sec. 1061. Repeal of reporting requirements under title 10, United States Code. 

Sec. 1062. Repeal of reporting requirements under annual defense authorization 

acts. 

Sec. 1063. Repeal of reporting requirements under other laws. 

Sec. 1064. Modification of reporting requirements under title 10, United States 

Code. 

Sec. 1065. Modification of reporting requirements under other titles of the United 

States Code. 

Sec. 1066. Modification of reporting requirements under annual defense authorization acts. 

Sec. 1067. Modification of reporting requirements under other laws. 

Subtitle H—Studies and Reports 

Sec. 1068. Transmission of reports in electronic format. 


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Sec. 1069. Modifications to annual aircraft procurement plan. 

Sec. 1070. Change of deadline for annual report to Congress on National Guard 

and reserve component equipment. 

Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear weapons, 

and related programs in non-nuclear weapons states and countries not 

parties to the nuclear non-proliferation treaty, and certain foreign persons. Sec. 1072. Implementation plan for whole-of-government vision prescribed in the 

National Security Strategy. 

Sec. 1073. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites. 

Sec. 1074. Report on integration of unmanned aerial systems into the national airspace system. 

Sec. 1075. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace. 

Sec. 1076. Comptroller General review of medical research and development relating to improved combat casualty care. 

Sec. 1077. Reports to Congress on the modification of the force structure for the 

strategic nuclear weapons delivery systems of the United States. 

Sec. 1078. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense. 

Sec. 1079. Report on Defense Department analytic capabilities regarding foreign 

ballistic missile threats. 

Sec. 1080. Report on approval and implementation of Air Sea Battle Concept. 

Sec. 1080A. Report on costs of units of the reserve components and the active components of the Armed Forces. 

Subtitle I—Miscellaneous Authorities and Limitations 

Sec. 1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense. 

Sec. 1082. Exemption from Freedom of Information Act for data files of the military 

flight operations quality assurance systems of the military departments. 

Sec. 1083. Limitation on procurement and fielding of light attack armed reconnaissance aircraft. 

Sec. 1084. Prohibition on the use of funds for manufacturing beyond low rate initial 

production at certain prototype integration facilities. 

Sec. 1085. Use of State Partnership Program funds for certain purposes. 

Subtitle J—Other Matters 

Sec. 1086. Redesignation of psychological operations as military information support operations in title 10, United States Code, to conform to Department of Defense usage. 

Sec. 1087. Termination of requirement for appointment of civilian members of National Security Education Board by and with the advice and consent of 

the Senate. 

Sec. 1088. Sense of Congress on application of moratorium on earmarks to this Act. 

Sec. 1089. Technical amendment. 

Sec. 1090. Cybersecurity collaboration between the Department of Defense and the 

Department of Homeland Security. 

Sec. 1091. Treatment under Freedom of Information Act of certain Department of 

Defense critical infrastructure security information. 

Sec. 1092. Expansion of scope of humanitarian demining assistance program to include stockpiled conventional munitions assistance. 

Sec. 1093. Number of Navy carrier air wings and carrier air wing headquarters. 

Sec. 1094. Display of annual budget requirements for organizational clothing and 

individual equipment. 

Sec. 1095. National Rocket Propulsion Strategy. 

Sec. 1096. Grants to certain regulated companies for specified energy property not 

subject to normalization rules. 

Sec. 1097. Unmanned aerial systems and national airspace. 

Sec. 1098. Modification of dates of Comptroller General of the United States review 

of executive agreement on joint medical facility demonstration project, 

North Chicago and Great Lakes, Illinois. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Personnel 

Sec. 1101. Amendments to Department of Defense personnel authorities. 

Sec. 1102. Provisions relating to the Department of Defense performance management system. 

Sec. 1103. Repeal of sunset provision relating to direct hire authority at demonstration laboratories. 


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Sec. 1104. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1105. Waiver of certain pay limitations. 

Sec. 1106. Services of post-combat case coordinators. 

Sec. 1107. Authority to waive maximum-age limit for certain appointments. 

Sec. 1108. Sense of Congress relating to pay parity for Federal employees serving 

at certain remote military installations. 

Sec. 1109. Federal internship programs. 

Sec. 1110. Extension and expansion of experimental personnel program for scientific and technical personnel. 

Sec. 1111. Authority of the Secretaries of the military departments to employ up 

to 10 persons without pay. 

Sec. 1112. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone. 

Subtitle B—Other Matters 

Sec. 1121. Modification of beneficiary designation authorities for death gratuity 

payable upon death of a United States Government employee in service 

with the Armed Forces. 

Sec. 1122. Authority for waiver of recovery of certain payments previously made 

under civilian employees voluntary separation incentive program. 

Sec. 1123. Extension of continued health benefits. 

Sec. 1124. Disclosure of senior mentors. 

Sec. 1125. Termination of Joint Safety Climate Assessment System. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1202. Three-year extension of temporary authority to use acquisition and 

cross-servicing agreements to lend military equipment for personnel protection and survivability. 

Sec. 1203. Extension and expansion of authority for support of special operations 

to combat terrorism. 

Sec. 1204. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1205. Two-year extension of authorization for non-conventional assisted recovery capabilities. 

Sec. 1206. Support of foreign forces participating in operations to disarm the Lord’s 

Resistance Army. 

Sec. 1207. Global Security Contingency Fund. 

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 

Sec. 1211. Extension and modification of logistical support for coalition forces supporting operations in Iraq and Afghanistan. 

Sec. 1212. One-year extension of authority to transfer defense articles and provide 

defense services to the military and security forces of Iraq and Afghanistan. 

Sec. 1213. One-year extension of authority for reimbursement of certain coalition 

nations for support provided to United States military operations. 

Sec. 1214. Limitation on funds to establish permanent military installations or 

bases in Iraq and Afghanistan. 

Sec. 1215. Authority to support operations and activities of the Office of Security 

Cooperation in Iraq. 

Sec. 1216. One-year extension of authority to use funds for reintegration activities 

in Afghanistan. 

Sec. 1217. Authority to establish a program to develop and carry out infrastructure 

projects in Afghanistan. 

Sec. 1218. Two-year extension of certain reports on Afghanistan. 

Sec. 1219. Limitation on availability of amounts for reintegration activities in Afghanistan. 

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 

Sec. 1221. Benchmarks to evaluate the progress being made toward the transition 

of security responsibilities for Afghanistan to the Government of Afghanistan. 

Subtitle C—Reports and Other Matters 

Sec. 1231. Report on Coalition Support Fund reimbursements to the Government 

of Pakistan for operations conducted in support of Operation Enduring 

Freedom. 


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Sec. 1232. Review and report on Iran’s and China’s conventional and anti-access 

capabilities. 

Sec. 1233. Report on energy security of the NATO alliance. 

Sec. 1234. Comptroller General of the United States report on the National Guard 

State Partnership Program. 

Sec. 1235. Man-portable air-defense systems originating from Libya. 

Sec. 1236. Report on military and security developments involving the Democratic 

People’s Republic of Korea. 

Sec. 1237. Sense of Congress on non-strategic nuclear weapons and extended deterrence policy. 

Sec. 1238. Annual report on military and security developments involving the People’s Republic of China. 

Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet Pilot 

Training program. 

Sec. 1240. Report on Russian nuclear forces. 

Sec. 1241. Report on progress of the African Union in operationalizing the African 

Standby Force. 

Sec. 1242. Defense cooperation with Republic of Georgia. 

Sec. 1243. Prohibition on procurements from Communist Chinese military companies. 

Sec. 1244. Sharing of classified United States ballistic missile defense information 

with the Russian Federation. 

Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of cooperative threat reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on availability of funds for cooperative biological engagement 

program. 

Sec. 1304. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile. 

Subtitle C—Other Matters 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1422. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Defense Health Program. 

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1509. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 


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Subtitle C—Limitations and Other Matters 

Sec. 1531. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1532. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1533. Availability of funds in Afghanistan Security Forces Fund. 

Sec. 1534. One-year extension of project authority and related requirements of 

Task Force for Business and Stability Operations in Afghanistan. 

Sec. 1535. Limitation on availability of funds for Trans Regional Web Initiative. 

Sec. 1536. Report on lessons learned from Department of Defense participation on 

interagency teams for counterterrorism operations in Afghanistan and 

Iraq. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

TITLE XXI—ARMY MILITARY CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2011 projects. 

Sec. 2108. Additional authority to carry out certain fiscal year 2012 project. 

Sec. 2109. Extension of authorizations of certain fiscal year 2008 projects. 

Sec. 2110. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2111. Tour normalization. 

Sec. 2112. Technical amendments to correct certain project specifications. 

Sec. 2113. Reduction of Army military construction authorization. 

TITLE XXII—NAVY MILITARY CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2207. Guam realignment. 

Sec. 2208. Reduction of Navy military construction authorization. 

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 

project. 

Sec. 2306. Extension of authorization of certain fiscal year 2009 project. 

Sec. 2307. Reduction of Air Force military construction authorization. 

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized defense agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Subtitle C—Other Matters 

Sec. 2421. Reduction of Defense Agencies military construction authorization. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 


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Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2612. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2613. Modification of authority to carry out certain fiscal year 2008 and 2009 

projects. 

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authority to complete specific base closure and realignment recommendations. 

Sec. 2704. Special considerations related to transportation infrastructure in consideration and selection of military installations for closure or realignment. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Prohibition on use of any cost-plus system of contracting for military 

construction and military family housing projects. 

Sec. 2802. Modification of authority to carry out unspecified minor military construction projects. 

Sec. 2803. Protections for suppliers of labor and materials under contracts for military construction projects and military family housing projects. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. 

Sec. 2805. General military construction transfer authority. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of authority to use Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration activities at Pentagon Reservation. 

Sec. 2812. Reporting requirements related to the granting of easements. 

Sec. 2813. Limitations on use or development of property in Clear Zone Areas and 

clarification of authority to limit encroachments. 

Sec. 2814. Department of Defense conservation and cultural activities. 

Sec. 2815. Exchange of property at military installations. 

Sec. 2816. Defense access road program enhancements to address transportation 

infrastructure in vicinity of military installations. 

Subtitle C—Energy Security 

Sec. 2821. Consolidation of definitions used in energy security chapter. 

Sec. 2822. Consideration of energy security in developing energy projects on military installations using renewable energy sources. 

Sec. 2823. Establishment of interim objective for Department of Defense 2025 renewable energy goal. 

Sec. 2824. Use of centralized purchasing agents for renewable energy certificates to 

reduce cost of facility energy projects using renewable energy sources 

and improve efficiencies. 

Sec. 2825. Identification of energy-efficient products for use in construction, repair, 

or renovation of Department of Defense facilities. 

Sec. 2826. Submission of annual Department of Defense energy management reports. 

Sec. 2827. Requirement for Department of Defense to capture and track data generated in metering Department facilities. 


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Sec. 2828. Metering of Navy piers to accurately measure energy consumption. 

Sec. 2829. Training policy for Department of Defense energy managers. 

Sec. 2830. Report on energy-efficiency standards and prohibition on use of funds for 

Leadership in Energy and Environmental Design gold or platinum certification. 

Subtitle D—Provisions Related to Guam Realignment 

Sec. 2841. Certification of medical care coverage for H–2B temporary workforce on 

military construction projects on Guam. 

Sec. 2842. Repeal of condition on use of specific utility conveyance authority regarding Guam integrated water and wastewater treatment system. 

Subtitle E—Land Conveyances 

Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf Richardson, Alaska. 

Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 

Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui 

areas, Hawaii. 

Sec. 2854. Land exchange, Fort Bliss Texas. 

Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah. 

Subtitle F—Other Matters 

Sec. 2861. Redesignation of Industrial College of the Armed Forces as the Dwight 

D. Eisenhower School for National Security and Resource Strategy. 

Sec. 2862. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike 

O’Callaghan Federal Medical Center. 

Sec. 2863. Prohibition on naming Department of Defense real property after a 

Member of Congress. 

Sec. 2864. Notifications of reductions in number of members of the Armed Forces 

assigned to permanent duty at a military installation. 

Sec. 2865. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy. 

Sec. 2866. Report on the Homeowners Assistance Program. 

Sec. 2867. Data servers and centers. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Limitation on availability of funds for establishment of centers of excellence on nuclear security outside of the former Soviet Union. 

Sec. 3112. Aircraft procurement. 

Sec. 3113. Hanford waste tank cleanup program reforms. 

Sec. 3114. Recognition and status of National Atomic Testing Museum. 

Subtitle C—Reports 

Sec. 3121. Repeal of certain report requirements. 

Sec. 3122. Progress on nuclear nonproliferation. 

Sec. 3123. Reports on role of nuclear security complex sites and potential efficiencies. 

Sec. 3124. Net assessment of high-performance computing capabilities of foreign 

countries. 

Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear reactor 

technology. 

Subtitle D—Other Matters 

Sec. 3131. Sense of Congress on the use of savings from excess amounts for certain 

pension plan contributions. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 


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TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2012. 

Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force vessels. 

Sec. 3503. Recruitment authority. 

Sec. 3504. Ship scrapping reporting requirement. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

DIVISION E—SBIR AND STTR REAUTHORIZATION 

TITLE L—SHORT TITLE; DEFINITIONS 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

TITLE LI—SBIR AND STTR REAUTHORIZATION 

Subtitle A—Reauthorization of the SBIR and STTR Programs 

Sec. 5101. Extension of termination dates. 

Sec. 5102. SBIR and STTR allocation increase. 

Sec. 5103. SBIR and STTR award levels. 

Sec. 5104. Agency and program flexibility. 

Sec. 5105. Elimination of Phase II invitations. 

Sec. 5106. Pilot to allow phase flexibility. 

Sec. 5107. Participation by firms with substantial investment from multiple venture capital operating companies, hedge funds, or private equity firms 

in a portion of the SBIR program. 

Sec. 5108. SBIR and STTR special acquisition preference. 

Sec. 5109. Collaborating with Federal laboratories and research and development 

centers. 

Sec. 5110. Notice requirement. 

Sec. 5111. Additional SBIR and STTR awards. 

Subtitle B—Outreach and Commercialization Initiatives 

Sec. 5121. Technical assistance for awardees. 

Sec. 5122. Commercialization Readiness Program at Department of Defense. 

Sec. 5123. Commercialization Readiness Pilot Program for civilian agencies. 

Sec. 5124. Interagency Policy Committee. 

Sec. 5125. Clarifying the definition of ‘‘Phase III’’. 

Sec. 5126. Shortened period for final decisions on proposals and applications. 

Sec. 5127. Phase 0 Proof of Concept Partnership pilot program. 


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Subtitle C—Oversight and Evaluation 

Sec. 5131. Streamlining annual evaluation requirements. 

Sec. 5132. Data collection from agencies for SBIR. 

Sec. 5133. Data collection from agencies for STTR. 

Sec. 5134. Public database. 

Sec. 5135. Government database. 

Sec. 5136. Accuracy in funding base calculations. 

Sec. 5137. Continued evaluation by the National Academy of Sciences. 

Sec. 5138. Technology insertion reporting requirements. 

Sec. 5139. Intellectual property protections. 

Sec. 5140. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations. 

Sec. 5141. Pilot to allow funding for administrative, oversight, and contract processing costs. 

Sec. 5142. GAO study with respect to venture capital operating company, hedge 

fund, and private equity firm involvement. 

Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and 

abuse. 

Sec. 5144. Simplified paperwork requirements. 

Subtitle D—Policy Directives 

Sec. 5151. Conforming amendments to the SBIR and the STTR Policy Directives. 

Subtitle E—Other Provisions 

Sec. 5161. Report on SBIR and STTR program goals. 

Sec. 5162. Competitive selection procedures for SBIR and STTR programs. 

Sec. 5163. Loan restrictions. 

Sec. 5164. Limitation on pilot programs. 

Sec. 5165. Commercialization success. 

Sec. 5166. Publication of certain information. 

Sec. 5167. Report on enhancement of manufacturing activities. 

Sec. 5168. Coordination of the SBIR program and the Experimental Program to 

Stimulate Competitive Research. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense 

committees’’ has the meaning given that term in section 101(a)(16) 

of title 10, United States Code. 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Authorization of appropriations. 

Subtitle B—Army Programs 

Sec. 111. Limitation on procurement of Stryker combat vehicles. 

Sec. 112. Limitation on retirement of C–23 aircraft. 

Sec. 113. Multiyear procurement authority for airframes for Army UH–60M/HH– 

60M helicopters and Navy MH–60R/MH–60S helicopters. 

Subtitle C—Navy Programs 

Sec. 121. Multiyear procurement authority for mission avionics and common cockpits for Navy MH–60R/S helicopters. 

Sec. 122. Separate procurement line item for certain Littoral Combat Ship mission 

modules. 

Sec. 123. Life-cycle cost-benefit analysis on alternative maintenance and sustainability plans for the Littoral Combat Ship program. 

Sec. 124. Extension of Ford-class aircraft carrier construction authority. 

Subtitle D—Air Force Programs 

Sec. 131. Strategic airlift aircraft force structure. 

Sec. 132. Limitations on use of funds to retire B–1 bomber aircraft. 

10 USC 101 note. 


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Sec. 133. Limitation on retirement of U–2 aircraft. 

Sec. 134. Availability of fiscal year 2011 funds for research and development relating to the B–2 bomber aircraft. 

Sec. 135. Availability of fiscal year 2011 funds to support alternative options for extremely high frequency terminal Increment 1 program of record. 

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

Subtitle E—Joint and Multiservice Matters 

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

system. 

Sec. 142. Limitation on availability of funds for Aviation Foreign Internal Defense 

program. 

Sec. 143. F–35 Joint Strike Fighter aircraft. 

Sec. 144. Additional oversight requirements for the undersea mobility acquisition 

program of the United States Special Operations Command. 

Sec. 145. Inclusion of information on approved Combat Mission Requirements in 

quarterly reports on use of Combat Mission Requirement funds. 

Sec. 146. Joint Surveillance Target Attack Radar System aircraft re-engining program. 

Sec. 147. Authority for exchange with United Kingdom of specified F–35 Lightning 

II Joint Strike Fighter aircraft. 

Sec. 148. Report on probationary period in development of short take-off, vertical 

landing variant of the Joint Strike Fighter. 

Sec. 149. Report on plan to implement Weapon Systems Acquisition Reform Act of 

2009 measures within the Joint Strike Fighter aircraft program. 

Subtitle A—Authorization of 

Appropriations 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for procurement for the Army, the Navy and the Marine 

Corps, the Air Force, and Defense-wide activities, as specified in 

the funding table in section 4101. 

Subtitle B—Army Programs 

SEC. 111. LIMITATION ON PROCUREMENT OF STRYKER COMBAT 

VEHICLES. 

(a) LIMITATION.—Except as provided by subsection (b), of the 

funds authorized to be appropriated by this Act or otherwise made 

available for fiscal year 2012 for weapons and tracked combat 

vehicles, Army, the Secretary of the Army may not procure more 

than 100 Stryker combat vehicles. 

(b) WAIVER.—The Secretary of the Army may waive the limitation under subsection (a) if the Secretary submits to the congressional defense committees written certification by the Assistant 

Secretary of the Army for Acquisition, Technology, and Logistics 

that— 

(1) there are validated needs of the Army requiring the 

waiver; 

(2) all Stryker combat vehicles required to fully equip the 

nine Stryker brigades and to meet other validated requirements 

regarding the vehicle have been procured or placed on contract 

for procurement; 

(3) the size of the Stryker combat vehicle fleet not assigned 

directly to Stryker brigade combat teams is essential to 

maintaining the readiness of Stryker brigade combat teams; 

and 

Certification. 


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(4) with respect to the Stryker combat vehicles planned 

to be procured pursuant to the waiver, cost estimates are complete for the long-term sustainment of the vehicles. 

SEC. 112. LIMITATION ON RETIREMENT OF C–23 AIRCRAFT. 

(a) IN GENERAL.—Upon determining to retire a C–23 aircraft 

for which there has been no previously agreed upon transfer of 

title for such aircraft as of the date of the enactment of this 

Act, the Secretary of the Army shall first offer title to such aircraft 

to the chief executive officer of the State in which such aircraft 

is based. 

(b) TRANSFER UPON ACCEPTANCE OF OFFER.—If the chief executive officer of a State accepts title of an aircraft under subsection 

(a), the Secretary shall transfer title of the aircraft to the State 

without charge to the State. The Secretary shall provide a reasonable amount of time for acceptance of the offer. 

(c) SUSTAINMENT.—Immediately upon transfer of title to an 

aircraft to the State under this section, the State shall assume 

all costs associated with operating, maintaining, sustaining, and 

modernizing the aircraft. 

(d) AIRLIFT STUDY AND REPORT.— (1) STUDY.—Not later than one year after the date of the 

enactment of this Act, the Secretary of the Air Force, in consultation with the Secretary of the Army, the Director of the 

National Guard Bureau, each supported commander of a 

combatant command, and the Administrator of the Federal 

Emergency Management Agency, shall conduct a study to determine the number of fixed-wing and rotary-wing aircraft 

required to support the following titles 10 and 32, United 

States Code, missions at low, medium, moderate, high, and 

very-high levels of operational risk: 

(A) Homeland defense. 

(B) Time sensitive, direct support to forces consisting 

of the regular component of the Army and the National 

Guard. 

(C) Disaster response. 

(D) Humanitarian assistance. 

(2) REPORT.—The Secretary shall submit to the congressional defense committees a report containing the study under 

paragraph (1). 

(e) GAO SUFFICIENCY REVIEW.— (1) REVIEW.—The Comptroller General of the United States 

shall conduct a sufficiency review of the study under subsection 

(d)(1). 

(2) REPORT.—The Comptroller General shall submit to the 

congressional defense committees a report containing the 

review under paragraph (1). 

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR AIRFRAMES 

FOR ARMY UH–60M/HH–60M HELICOPTERS AND NAVY MH– 

60R/MH–60S HELICOPTERS. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Army may enter into one or more multiyear contracts, beginning 

with the fiscal year 2012 program year, for the procurement of 

airframes for UH–60M/HH–60M helicopters and, acting as the 

executive agent for the Department of the Navy, for the procurement of airframes for MH–60R/S helicopters. 


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(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2012 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

Subtitle C—Navy Programs 

SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR MISSION AVIONICS AND COMMON COCKPITS FOR NAVY MH–60R/S HELICOPTERS. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 2306b of title 10, United States Code, the Secretary of the 

Navy may enter into one or more multiyear contracts, beginning 

with the fiscal year 2012 program year, for the procurement of 

mission avionics and common cockpits for MH–60R/S helicopters. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (a) shall provide that any obligation 

of the United States to make a payment under the contract for 

a fiscal year after fiscal year 2012 is subject to the availability 

of appropriations for that purpose for such later fiscal year. 

SEC. 122. SEPARATE PROCUREMENT LINE ITEM FOR CERTAIN LITTORAL COMBAT SHIP MISSION MODULES. 

(a) IN GENERAL.—In the budget materials submitted to the 

President by the Secretary of Defense in connection with the 

submission to Congress, pursuant to section 1105 of title 31, United 

States Code, of the budget for fiscal year 2013, and each subsequent 

fiscal year, the Secretary shall ensure that a separate, dedicated 

procurement line item is designated for each covered module that 

includes the quantity and cost of each such module requested. 

(b) FORM.—The Secretary shall ensure that any classified 

components of covered modules not included in a procurement line 

item under subsection (a) shall be included in a classified annex. 

(c) COVERED MODULE.—In this section, the term ‘‘covered 

module’’ means, with respect to mission modules of the Littoral 

Combat Ship, the following modules: 

(1) Surface warfare. 

(2) Mine countermeasures. 

(3) Anti-submarine warfare. 

SEC. 123. LIFE-CYCLE COST-BENEFIT ANALYSIS ON ALTERNATIVE 

MAINTENANCE AND SUSTAINABILITY PLANS FOR THE LITTORAL COMBAT SHIP PROGRAM. 

(a) COST-BENEFIT ANALYSIS.—The Secretary of the Navy shall 

conduct a life-cycle cost-benefit analysis, in accordance with the 

Office of Management and Budget Circular A–94, comparing alternative maintenance and sustainability plans for the Littoral Combat 

Ship program. 

(b) REPORT.—At the same time that the budget of the President 

is submitted to Congress under section 1105(a) of title 31, United 

States Code, for fiscal year 2013, the Secretary of the Navy shall 

submit to the congressional defense committees a report on the 

cost-benefit analysis conducted under subsection (a). 

Definition. 

Classified 

information. 

10 USC 221 note. 


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125 STAT. 1320 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 124. EXTENSION OF FORD-CLASS AIRCRAFT CARRIER CONSTRUCTION AUTHORITY. 

Section 121(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) 

is amended by striking ‘‘three fiscal years’’ and inserting ‘‘four 

fiscal years’’. 

Subtitle D—Air Force Programs 

SEC. 131. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE. 

Section 8062(g)(1) of title 10, United States Code, is amended— 

(1) by striking ‘‘October 1, 2009’’ and inserting ‘‘October 

1, 2011’’; and 

(2) by striking ‘‘316 aircraft’’ and inserting ‘‘301 aircraft’’. 

SEC. 132. LIMITATIONS ON USE OF FUNDS TO RETIRE B–1 BOMBER 

AIRCRAFT. 

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act for fiscal year 2012 for the Department of 

Defense may be obligated or expended to retire any B–1 bomber 

aircraft on or before the date on which the Secretary of the Air 

Force submits to the congressional defense committees the plan 

described in subsection (b). 

(b) PLAN DESCRIBED.—The plan described in this subsection 

is a plan for retiring B–1 bomber aircraft that includes the following: 

(1) An identification of each B–1 bomber aircraft that will 

be retired and the disposition plan for such aircraft. 

(2) An estimate of the savings that will result from the 

proposed retirement of B–1 bomber aircraft in each calendar 

year through calendar year 2022. 

(3) An estimate of the amount of the savings described 

in paragraph (2) that will be reinvested in the modernization 

of B–1 bomber aircraft still in service in each calendar year 

through calendar year 2022. 

(4) A modernization plan for sustaining the remaining B– 

1 bomber aircraft through at least calendar year 2022. 

(5) An estimate of the amount of funding required to fully 

fund the modernization plan described in paragraph (4) for 

each calendar year through calendar year 2022. 

(c) POST-PLAN B–1 RETIREMENT.— 

(1) IN GENERAL.—During the period described by paragraph 

(4), the Secretary of the Air Force shall maintain in a common 

capability configuration not less than 36 B–1 aircraft as combatcoded aircraft. 

(2) FY 2014 AND THEREAFTER.—After the period described 

in paragraph (4), the Secretary shall maintain not less than— 

(A) 35 B–1 aircraft as combat-coded aircraft in a 

common capability configuration until September 30, 2014; 

(B) 34 such aircraft as combat-coded aircraft in a 

common capability configuration until September 30, 2015; 

and 

(C) 33 such aircraft as combat-coded aircraft in a 

common capability configuration until September 30, 2016. 

(3) TOTAL AMOUNT OF RETIRED B–1 AIRCRAFT.—The Secretary may not retire more than a total of six B–1 aircraft, 


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including the B–1 aircraft retired in accordance with this subsection. 

(4) PERIOD DESCRIBED.—The period described in this paragraph is the period beginning on the date on which the plan 

described in subsection (b) is submitted to the congressional 

defense committees and ending on September 30, 2013. 

(5) COMBAT-CODED AIRCRAFT DEFINED.—In this subsection, 

the term ‘‘combat-coded aircraft’’ means aircraft assigned to 

meet the primary aircraft authorization to a unit for the 

performance of its wartime mission. 

SEC. 133. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT. 

(a) LIMITATION.—The Secretary of the Air Force may take no 

action that would prevent the Air Force from maintaining the 

U–2 aircraft fleet in its current configuration and capability beyond 

fiscal year 2016 until— 

(1) the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies in writing to the appropriate 

committees of Congress that the operating and sustainment 

(O&S) costs for the Global Hawk unmanned aerial vehicle 

(UAV) are less than the operating and sustainment costs for 

the U–2 aircraft on a comparable flight-hour cost basis; and 

(2) the Chairman of the Joint Requirements Oversight 

Council certifies in writing to the appropriate committees of 

Congress that the capability to be fielded at the same time 

or before the U–2 aircraft retirement would result in equal 

or greater capability available to the commanders of the combatant commands. 

(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Select Committee on Intelligence of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 

SEC. 134. AVAILABILITY OF FISCAL YEAR 2011 FUNDS FOR RESEARCH 

AND DEVELOPMENT RELATING TO THE B–2 BOMBER AIRCRAFT. 

Of the unobligated balance of amounts appropriated for fiscal 

year 2011 for the Air Force and available for procurement of B– 

2 bomber aircraft modifications, post-production support, and other 

charges, $20,000,000 may be available for fiscal year 2012 for 

research, development, test, and evaluation with respect to a 

conventional mixed load capability for the B–2 bomber aircraft. 

SEC. 135. AVAILABILITY OF FISCAL YEAR 2011 FUNDS TO SUPPORT 

ALTERNATIVE OPTIONS FOR EXTREMELY HIGH FREQUENCY TERMINAL INCREMENT 1 PROGRAM OF RECORD. 

(a) IN GENERAL.—Of the unobligated balance of amounts appropriated for fiscal year 2011 for the Air Force and available for 

procurement of B–2 bomber aircraft modifications, post-production 

support, and other charges, $15,000,000 may be available to support 

alternative options for the extremely high frequency terminal Increment 1 program of record. 

(b) PLAN TO SECURE PROTECTED COMMUNICATIONS.—Not later 

than 90 days after the date of the enactment of this Act, the 

Deadline. 

Certifications. 


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125 STAT. 1322 PUBLIC LAW 112–81—DEC. 31, 2011 

Secretary of the Air Force shall submit to the congressional defense 

committees a plan to provide an extremely high frequency terminal 

for secure protected communications for the B–2 bomber aircraft 

and other aircraft. 

SEC. 136. PROCUREMENT OF ADVANCED EXTREMELY HIGH FREQUENCY SATELLITES. 

(a) CONTRACT AUTHORITY.— (1) IN GENERAL.—The Secretary of the Air Force may procure two advanced extremely high frequency satellites by 

entering into a fixed-price contract. Such procurement may 

also include— 

(A) material and equipment in economic order quantities when cost savings are achievable; and 

(B) cost reduction initiatives. 

(2) USE OF INCREMENTAL FUNDING.—With respect to a contract entered into under paragraph (1) for the procurement 

of advanced extremely high frequency satellites, the Secretary 

may use incremental funding for a period not to exceed six 

fiscal years. 

(3) LIABILITY.—A contract entered into under paragraph 

(1) shall provide that any obligation of the United States to 

make a payment under the contract is subject to the availability 

of appropriations for that purpose, and that the total liability 

to the Government for termination of any contract entered 

into shall be limited to the total amount of funding obligated 

at the time of termination. 

(b) LIMITATION OF COSTS.— 

(1) LIMITATION.—Except as provided by subsection (c), and 

excluding amounts described in paragraph (2), the total amount 

obligated or expended for the procurement of two advanced 

extremely high frequency satellites authorized by subsection 

(a) may not exceed $3,100,000,000. 

(2) EXCLUSION.—The amounts described in this paragraph 

are amounts associated with the following: 

(A) Plans. 

(B) Technical data packages. 

(C) Post-delivery and program support costs. 

(D) Technical support for obsolescence studies. 

(c) WAIVER AND ADJUSTMENT TO LIMITATION AMOUNT.— 

(1) WAIVER.—In accordance with paragraph (2), the Secretary may waive the limitation in subsection (b)(1) if the 

Secretary submits to the congressional defense committees written notification of the adjustment made to the amount set 

forth in such subsection. 

(2) ADJUSTMENT.—Upon waiving the limitation under paragraph (1), the Secretary may adjust the amount set forth in 

subsection (b)(1) by the following: 

(A) The amounts of increases or decreases in costs 

attributable to economic inflation after September 30, 2011. 

(B) The amounts of increases or decreases in costs 

attributable to compliance with changes in Federal, State, 

or local laws enacted after September 30, 2011. 

(C) The amounts of increases or decreases in costs 

of the satellites that are attributable to insertion of new 

technology into an advanced extremely high frequency satellite, as compared to the technology built into such a 

Notification. 


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satellite procured prior to fiscal year 2012, if the Secretary 

determines, and certifies to the congressional defense 

committees, that insertion of the new technology is— 

(i) expected to decrease the life-cycle cost of the 

satellite; or 

(ii) required to meet an emerging threat that poses 

grave harm to national security. 

(d) USE OF FUNDS AVAILABLE FOR SPACE VEHICLE NUMBER

5 FOR SPACE VEHICLE NUMBER 6.—The Secretary may obligate 

and expend amounts authorized to be appropriated for fiscal year 

2012 by section 101 for procurement for the Air Force as specified 

in the funding table in section 4101 and available for the advanced 

procurement of long-lead parts and the replacement of obsolete 

parts for advanced extremely high frequency satellite space vehicle 

number 5 for the advanced procurement of long-lead parts and 

the replacement of obsolete parts for advanced extremely high frequency satellite space vehicle number 6. 

(e) REPORT.—Not later than 30 days after the date on which 

the Secretary awards a contract under subsection (a), the Secretary 

shall submit to the congressional defense committees a report on 

such contract, including the following: 

(1) The total cost savings resulting from the authority 

provided by subsection (a). 

(2) The type and duration of the contract awarded. 

(3) The total contract value. 

(4) The funding profile by year. 

(5) The terms of the contract regarding the treatment of 

changes by the Federal Government to the requirements of 

the contract, including how any such changes may affect the 

success of the contract. 

(6) A plan for using cost savings described in paragraph 

(1) to improve the capability of military satellite communications, including a description of— 

(A) the available funds, by year, resulting from such 

cost savings; 

(B) the specific activities or subprograms to be funded 

by such cost savings and the funds, by year, allocated 

to each such activity or subprogram; 

(C) the objectives for each such activity or subprogram 

and the criteria used by the Secretary to determine which 

such activity or subprogram to fund; 

(D) the method in which such activities or subprograms 

will be awarded, including whether it will be on a competitive basis; and 

(E) the process for determining how and when such 

activities and subprograms would transition to an existing 

program or be established as a new program of record. 

(f) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary should not enter into a fixed-price contract under subsection (a) for the procurement of two advanced extremely high 

frequency satellites unless the Secretary determines that entering 

into such a contract will save the Air Force not less than 20 

percent over the cost of procuring two such satellites separately. 


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Subtitle E—Joint and Multiservice Matters 

SEC. 141. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION 

OF JOINT TACTICAL RADIO SYSTEM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2012 for 

other procurement, Army, for covered programs of the joint tactical 

radio system, not more than 70 percent may be obligated or 

expended until the date on which the Secretary of the Army submits 

to the congressional defense committees written certification that 

the acquisition strategy for the full-rate production of covered programs of such radio system includes full and open competition 

(as defined in section 2302(3)(D) of title 10, United States Code) 

that includes commercially developed systems that the Secretary 

determines are qualified with respect to successful testing by the 

Army and certification by the National Security Agency. 

(b) LRIP.—The limitation under subsection (a) shall not apply 

to the low-rate initial production of covered programs. 

(c) COVERED PROGRAMS.—In this section, the term ‘‘covered 

programs’’ means, with respect to the joint tactical radio system, 

the following: 

(1) The ground mobile radio. 

(2) The handheld, manpack, and small form fit. 

SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AVIATION FOREIGN INTERNAL DEFENSE PROGRAM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2012 for 

the procurement of fixed-wing non-standard aviation aircraft in 

support of the aviation foreign internal defense program, not more 

than 50 percent may be obligated or expended until the date that 

is 30 days after the date on which the Commander of the United 

States Special Operations Command submits the report under subsection (b)(1). 

(b) REPORT REQUIRED.— 

(1) REPORT.—Not later than March 15, 2012, the Commander of the United States Special Operations Command 

shall submit to the congressional defense committees a report 

on the aviation foreign internal defense program. 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include the following: 

(A) An overall description of the program, including 

its goals and proposed metrics of performance success. 

(B) The results of any analysis of alternatives and 

efficiencies reviews for contracts awarded for the aviation 

foreign internal defense program. 

(C) An assessment of the advantages and disadvantages of procuring new aircraft, procuring used aircraft, 

or leasing aircraft to meet mission requirements, including 

an explanation of any efficiencies and savings. 

(D) A comprehensive strategy outlining and justifying 

the overall projected growth of the aviation foreign internal 

defense program to satisfy the increased requirements of 

the commanders of the geographic combatant commands. 

Effective date. 

Definition. 

Certification. 


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(E) An examination of efficiencies that could be gained 

by procuring platforms such as those being procured for 

light mobility aircraft. 

(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 143. F–35 JOINT STRIKE FIGHTER AIRCRAFT. 

In entering into a contract for the procurement of aircraft 

for the sixth and all subsequent low-rate initial production contract 

lots for the F–35 Lightning II Joint Strike Fighter aircraft, the 

Secretary of Defense shall ensure each of the following: 

(1) That the contract is a fixed-price contract. 

(2) That the contract requires the contractor to assume 

full responsibility for costs under the contract above the target 

cost specified in the contract. 

SEC. 144. ADDITIONAL OVERSIGHT REQUIREMENTS FOR THE 

UNDERSEA MOBILITY ACQUISITION PROGRAM OF THE 

UNITED STATES SPECIAL OPERATIONS COMMAND. 

(a) LIMITATION ON MILESTONE B DECISION.—The Commander 

of the United States Special Operations Command may not make 

any milestone B acquisition decisions with respect to a covered 

element until a 30-day period has elapsed after the date on which 

the Under Secretary of Defense for Acquisition, Technology, and 

Logistics— 

(1) conducts the assessment and determination under subsection (b) for the covered element; and 

(2) submits to the congressional defense committees a 

report including— 

(A) the determination of the Under Secretary with 

respect to the appropriate acquisition category for the covered element; and 

(B) the validated requirements, independent cost estimate, test and evaluation master plan, and technology 

readiness assessment described in paragraphs (1) through 

(4) of subsection (b), respectively. 

(b) ASSESSMENT AND DETERMINATION.—With respect to each 

covered element, the Under Secretary shall conduct an assessment 

and determination of whether to treat the covered element as 

a major defense acquisition program. Such assessment shall 

include— 

(1) a requirements validation by the Joint Requirements 

Oversight Council; 

(2) an independent cost estimate prepared by the Director 

of Cost Assessment and Program Evaluation; 

(3) a test and evaluation master plan reviewed by the 

Director of Operational Test and Evaluation; and 

(4) a technology readiness assessment reviewed by the 

Assistant Secretary of Defense for Research and Engineering. 

(c) COVERED ELEMENT DEFINED.—In this section, the term ‘‘covered element’’ means any of the following elements of the undersea 

mobility acquisition program of the United States Special Operations Command: 

(1) The dry combat submersible-light program. 

(2) The dry combat submersible-medium program. 

(3) The next-generation submarine shelter program. 

(4) Any new dry combat submersible developed under the 

undersea mobility acquisition program of the United States 

Time period. 


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Special Operations Command after the date of the enactment 

of this Act. 

SEC. 145. INCLUSION OF INFORMATION ON APPROVED COMBAT MISSION REQUIREMENTS IN QUARTERLY REPORTS ON USE 

OF COMBAT MISSION REQUIREMENT FUNDS. 

Section 123(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4159; 

10 U.S.C. 167 note) is amended by adding at the end the following 

new paragraphs: 

‘‘(6) A table setting forth the Combat Mission Requirements 

approved during the fiscal year in which such report is submitted and the two preceding fiscal years, including for each 

such Requirement— 

‘‘(A) the title of such Requirement; 

‘‘(B) the date of approval of such Requirement; and 

‘‘(C) the amount of funding approved for such Requirement, and the source of such approved funds. 

‘‘(7) A statement of the amount of any unspent Combat 

Mission Requirements funds from the fiscal year in which such 

report is submitted and the two preceding fiscal years.’’. 

SEC. 146. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM AIRCRAFT RE-ENGINING PROGRAM. 

(a) REPORT ON AUDIT OF FUNDS FOR PROGRAM.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Air Force Audit Agency shall 

submit to the congressional defense committees the results 

of a financial audit of the funds previously authorized and 

appropriated for the Joint Surveillance Target Attack Radar 

System (JSTARS) aircraft re-engining program. 

(2) ELEMENTS.—The report on the audit required by paragraph (1) shall include the following: 

(A) A description of how the funds described in that 

paragraph were expended, including— 

(i) an assessment of the existence, completeness, 

and cost of the assets acquired with such funds; and 

(ii) an assessment of the costs that were capitalized 

as military equipment and inventory and the cost 

characterized as operating expenses (including payroll, 

freight and shipment, inspection, and other operating 

costs). 

(B) A statement of the amount of such funds that 

remain in the original budget lines. 

(C) A statement of the amount of such funds that 

were reprogrammed or expired, and in which accounts. 

(b) USE OF FUNDS.—The Secretary of the Air Force shall take 

appropriate actions to ensure that funds authorized to be appropriated by this Act for JSTARS aircraft, and any funds described 

by subsection (a)(2)(B), are obligated and expended for the purposes 

for which authorized and appropriated, including, but not limited 

to, the installation of one engine shipset on an operational JSTARS 

aircraft. 

SEC. 147. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF 

SPECIFIED F–35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT. 

(a) AUTHORITY.— 


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(1) EXCHANGE AUTHORITY.—In accordance with subsection 

(c), the Secretary of Defense may transfer to the United 

Kingdom of Great Britain and Northern Ireland (in this section 

referred to as the ‘‘United Kingdom’’) all right, title, and interest 

of the United States in and to an aircraft described in paragraph (2) in exchange for the transfer by the United Kingdom 

to the United States of all right, title, and interest of the 

United Kingdom in and to an aircraft described in paragraph 

(3). The Secretary may execute the exchange under this section 

on behalf of the United States only with the concurrence of 

the Secretary of State. 

(2) AIRCRAFT TO BE EXCHANGED BY UNITED STATES.—The 

aircraft authorized to be transferred by the United States under 

this subsection is an F–35 Lightning II aircraft in the Carrier 

Variant configuration acquired by the United States for the 

Marine Corps under a future Joint Strike Fighter program 

contract referred to as the Low-Rate Initial Production 6 contract. 

(3) AIRCRAFT TO BE EXCHANGED BY UNITED KINGDOM.— 

The aircraft for which the exchange under paragraph (1) may 

be made is an F–35 Lightning II aircraft in the Short-Take 

Off and Vertical Landing configuration that, as of November 

19, 2010, is being acquired on behalf of the United Kingdom 

under an existing Joint Strike Fighter program contract 

referred to as the Low-Rate Initial Production 4 contract. 

(b) FUNDING FOR PRODUCTION OF AIRCRAFT.— 

(1) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED

BY UNITED STATES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), funds for production of the aircraft to be transferred 

by the United States (including the propulsion system, 

long lead-time materials, the production build, and deficiency corrections) may be derived from appropriations for 

Aircraft Procurement, Navy, for the aircraft under the contract referred to in subsection (a)(2). 

(B) EXCEPTION.—Costs for flight test instrumentation 

of the aircraft to be transferred by the United States and 

any other non-recurring and recurring costs for that aircraft 

associated with unique requirements of the United 

Kingdom may not be borne by the United States. 

(2) FUNDING SOURCES FOR AIRCRAFT TO BE EXCHANGED

BY UNITED KINGDOM.—Costs for upgrades and modifications 

of the aircraft to be transferred to the United States that 

are necessary to bring that aircraft to the Low-Rate Initial 

Production 6 configuration under the contract referred to in 

subsection (a)(2) may not be borne by the United States. 

(c) IMPLEMENTATION.—The exchange under this section shall 

be implemented pursuant to the memorandum of understanding 

titled ‘‘Joint Strike Fighter Production, Sustainment, and Followon Development Memorandum of Understanding’’, which entered 

into effect among nine nations including the United States and 

the United Kingdom on December 31, 2006, consistent with section 

27 of the Arms Export Control Act (22 U.S.C. 2767), and as supplemented as necessary by the United States and the United Kingdom. 


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SEC. 148. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF 

SHORT TAKE-OFF, VERTICAL LANDING VARIANT OF THE 

JOINT STRIKE FIGHTER. 

Not later than 45 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on the development of the short takeoff, vertical landing variant of the Joint Strike Fighter (otherwise 

known as the F–35B Joint Strike Fighter) that includes the following: 

(1) An identification of the criteria that the Secretary determines must be satisfied before the F–35B Joint Strike Fighter 

can be removed from the two-year probationary status imposed 

by the Secretary on or about January 6, 2011. 

(2) A mid-probationary period assessment of— 

(A) the performance of the F–35B Joint Strike Fighter 

based on the criteria described in paragraph (1); and 

(B) the technical issues that remain in the development 

program for the F–35B Joint Strike Fighter. 

(3) A plan for how the Secretary intends to resolve the 

issues described in paragraph (2)(B) before January 6, 2013. 

SEC. 149. REPORT ON PLAN TO IMPLEMENT WEAPON SYSTEMS 

ACQUISITION REFORM ACT OF 2009 MEASURES WITHIN 

THE JOINT STRIKE FIGHTER AIRCRAFT PROGRAM. 

At the same time the budget of the President for fiscal year 

2013 is submitted to Congress pursuant to section 1105 of title 

31, United States Code, the Under Secretary for Acquisition, Technology, and Logistics shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the plans of the Department of Defense to implement the requirements of the Weapon Systems Acquisition Reform Act of 2009 

(Public Law 111–23), and the amendments made by that Act, within 

the Joint Strike Fighter (JSF) aircraft program. The report shall 

set forth the following: 

(1) Specific goals for implementing the requirements of 

the Weapon Systems Acquisition Reform Act of 2009, and the 

amendments made by that Act, within the Joint Strike Fighter 

aircraft program. 

(2) A schedule for achieving each goal set forth under 

paragraph (1) for the Joint Strike Fighter aircraft program. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Limitation on availability of funds for the ground combat vehicle program. Sec. 212. Limitation on the individual carbine program. 

Sec. 213. Limitation on availability of funds for Future Unmanned Carrier-based 

Strike System. Sec. 214. Limitation on availability of funds for amphibious assault vehicles of the 

Marine Corps. Sec. 215. Limitation on obligation of funds for the F–35 Lightning II aircraft program. Sec. 216. Limitation on use of funds for Increment 2 of B–2 bomber aircraft extremely high frequency satellite communications program. 


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

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

Sec. 219. Prohibition on delegation of budgeting authority for certain research and 

educational programs. Sec. 220. Designation of main propulsion turbomachinery of the next-generation 

long-range strike bomber aircraft as major subprogram. Sec. 221. Designation of electromagnetic aircraft launch system development and 

procurement program as major subprogram. Sec. 222. Advanced rotorcraft flight research and development. 

Sec. 223. Preservation and storage of certain property related to F136 propulsion 

system. 

Subtitle C—Missile Defense Programs 

Sec. 231. Acquisition accountability reports on the ballistic missile defense system. 

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

programs. Sec. 233. Homeland defense hedging policy and strategy. 

Sec. 234. Ground-based midcourse defense program. 

Sec. 235. Limitation on availability of funds for the medium extended air defense 

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

Subtitle D—Reports 

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

certification on funding for development of hypersonics. Sec. 242. Report and cost assessment of options for Ohio-class replacement ballistic 

missile submarine. 

Sec. 243. Report on the electromagnetic rail gun system. 

Sec. 244. Annual comptroller general report on the KC–46A aircraft acquisition 

program. Sec. 245. Independent review and assessment of cryptographic modernization program. Sec. 246. Report on increased budget items. 

Subtitle E—Other Matters 

Sec. 251. Repeal of requirement for Technology Transition Initiative. 

Sec. 252. Contractor cost-sharing in pilot program to include technology protection 

features during research and development of certain defense systems. Sec. 253. Extension of authority for mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. 

Sec. 254. National defense education program. 

Sec. 255. Laboratory facilities, Hanover, New Hampshire. 

Sec. 256. Sense of Congress on active matrix organic light emitting diode technology. 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Department of Defense for research, development, test, and evaluation as specified in the funding table in 

section 4201. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. LIMITATION ON AVAILABILITY OF FUNDS FOR THE GROUND 

COMBAT VEHICLE PROGRAM. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2012 for research, development, test, and evaluation, Army, for the ground combat vehicle 

Effective date. 

Reports. 


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125 STAT. 1330 PUBLIC LAW 112–81—DEC. 31, 2011 

program, not more than 80 percent may be obligated or expended 

until the date on which the Secretary of the Army submits to 

the congressional defense committees a report containing— 

(1) the plans of the Secretary to carry out— 

(A) a dynamic analysis of alternatives update described 

in the acquisition decision memorandum issued by the 

Under Secretary of Defense for Acquisition, Technology, 

and Logistics on August 17, 2011; and 

(B) a separate assessment of selected non-developmental vehicles described in such memorandum; and 

(2) a description of the resources the Secretary considers 

necessary to carry out the plans under paragraph (1), including 

the amount of funding required in fiscal years 2012 and 2013. 

SEC. 212. LIMITATION ON THE INDIVIDUAL CARBINE PROGRAM. 

(a) LIMITATION.—Notwithstanding any other provision of law, 

and except as provided by subsection (b), the individual carbine 

program may not receive Milestone C approval (as defined in section 

2366(e)(8) of title 10, United States Code) until the date on which 

the Secretary of the Army submits to the congressional defense 

committees a business case assessment of such program, including, 

at a minimum, comparisons of the capabilities and costs of— 

(1) commercially available weapon systems as of the date 

of the assessment, including complete weapon systems and 

kits to apply to existing weapon systems; and 

(2) weapon systems that are fielded as of the date of the 

assessment that include any required improvements. 

(b) WAIVER AUTHORITY.—The Secretary of Defense may waive 

the limitation under subsection (a) if the Secretary submits to 

the congressional defense committees written certification that the 

waiver is in the national security interests of the United States. 

SEC. 213. LIMITATION ON AVAILABILITY OF FUNDS FOR FUTURE 

UNMANNED CARRIER-BASED STRIKE SYSTEM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2012 for 

research, development, test, and evaluation, Navy, for the Future 

Unmanned Carrier-based Strike System, not more than 75 percent 

may be obligated or expended until the date that is 60 days after 

the date on which— 

(1) the Chairman of the Joint Requirements Oversight 

Council certifies to the congressional defense committees that— 

(A) such system is required to fill a validated capability 

gap of the Department of Defense; and 

(B) the Council has reviewed and approved the initial 

capability and development document relating to such 

system; 

(2) the Assistant Secretary of the Navy for Research, 

Development, and Acquisition submits to the congressional 

defense committees a report containing— 

(A) a delineation of threshold and objective key 

performance parameters; 

(B) a certification that the threshold and objective key 

performance parameters for such system have been established and are achievable; and 

(C) a description of the requirements of such system 

with respect to— 

(i) weapons payload; 

Reports. 

Certification. 

Certification. 

Effective date. 

Assessments. 


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(ii) intelligence, reconnaissance, and surveillance 

equipment; 

(iii) electronic attack and electronic protection 

equipment; 

(iv) communications equipment; 

(v) range; 

(vi) mission endurance for un-refueled and aerial 

refueled operations; 

(vii) low-observability characteristics; 

(viii) affordability; 

(ix) survivability; and 

(x) interoperability with other Navy and jointservice unmanned aerial systems and mission control 

stations; and 

(3) the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense 

committees that— 

(A) the Secretary of the Navy has completed a comprehensive analysis of alternatives for such system; 

(B) the acquisition strategy of the Secretary for the 

technology development and initial fielding phases of such 

system is achievable and presents medium, or less, risk 

with respect to cost, schedule, funding, and testing program; 

(C) such acquisition strategy integrates a fair and open 

competitive acquisition strategy environment for all potential competitors; 

(D) the data, information, and lessons learned from 

the Unmanned Carrier-based Aircraft System of the Navy 

are sufficiently integrated into the acquisition strategy of 

the Future Unmanned Carrier-based Strike System and 

that the level of concurrency between the programs is 

prudent and reasonable; 

(E) the Secretary has sufficient fiscal resources budgeted in the future years defense plan and extended planning period that supports the acquisition strategy described 

in subparagraph (B); and 

(F) the acquisition strategy— 

(i) complies with the Weapon Systems Acquisition 

Reform Act of 2009 (Public Law 111–23), and the 

amendments made by that Act, and Department of 

Defense Instruction 5000.02; and 

(ii) requires the implementation of open architecture standards. 

(b) GAO BRIEFING.—Not later than 90 days after the date 

on which the certifications and report under subsection (a) are 

received by the congressional defense committees, the Comptroller 

General of the United States shall brief the congressional defense 

committees on an evaluation of the acquisition strategy of the 

Secretary of the Navy for the Future Unmanned Carrier-based 

Strike System. 

(c) FORM.—The report required by subsection (a)(2) shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR AMPHIBIOUS 

ASSAULT VEHICLES OF THE MARINE CORPS. 

(a) LIMITATIONS.— 

Deadline. 

Certification. 


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125 STAT. 1332 PUBLIC LAW 112–81—DEC. 31, 2011 

(1) LIMITATION ON FUNDING.—Except as provided by subsections (d) and (e), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2012 for procurement, Marine Corps, or research, development, 

test, and evaluation, Navy, may be obligated or expended for 

the amphibious programs described in subsection (c) until the 

date on which the Secretary of the Navy, in coordination with 

the Commandant of the Marine Corps, submits to the congressional defense committees a report containing— 

(A) written certification of the requirements for 

amphibious assault vehicles of the Marine Corps, based 

on the needs of the commanders of the combatant commands, relating to— 

(i) the distance from the shore needed to begin 

an amphibious assault; 

(ii) the speed at which the vehicle must travel 

in order to reach the shore in the time required for 

such assault; and 

(iii) the armor requirements for all potential combat environments, including the possible use of 

applique ́ armor; and 

(B) the analysis of alternatives conducted under subsection (b)(1). 

(2) LIMITATION ON MPC MILESTONE B.—Milestone B 

approval may not be granted for the Marine Personnel Carrier 

until 30 days after the date on which the report under paragraph (1) is submitted to the congressional defense committees. 

(b) ANALYSIS OF ALTERNATIVES.— 

(1) ANALYSIS.—The Secretary of the Navy, in coordination 

with the Commandant of the Marine Corps, shall conduct an 

analysis of alternatives of the amphibious assault vehicles 

described in paragraph (2). With respect to such vehicles, such 

analysis shall include— 

(A) comparisons of the capabilities and total lifecycle 

ownership costs (including costs with respect to research, 

development, test, and evaluation, procurement, and operation and maintenance); and 

(B) an independent review of the analysis of cost prepared by a federally funded research and development 

center. 

(2) AMPHIBIOUS ASSAULT VEHICLES DESCRIBED.—The 

amphibious assault vehicles described in this paragraph are 

amphibious assault vehicles that— 

(A) meet the requirements described in subsection 

(a)(1)(A), including— 

(i) an upgraded assault amphibious vehicle 7A1; 

(ii) the expeditionary fighting vehicle; and 

(iii) a new amphibious combat vehicle; and 

(B) include at least one vehicle that is capable of accelerating until the vehicle moves along the top of the water 

(commonly known as ‘‘getting up on plane’’) and at least 

one vehicle that is not capable of such acceleration. 

(c) AMPHIBIOUS PROGRAMS DESCRIBED.—The amphibious programs described in this subsection are the following: 

(1) The assault amphibious vehicle 7A1, program element 

206623M. 

Effective date. 

Effective date. 

Reports. 


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(2) The Marine Corps assault vehicle, program element 

603611M. 

(3) The termination of the expeditionary fighting vehicle 

program. 

(d) AAV7A1 IMPROVEMENT PROGRAM.—The limitation in subsection (a)(1) shall not apply to funds made available for procurement, Marine Corps, for the procurement of— 

(1) an assault amphibious vehicle 7A1 with— 

(A) survivability upgrades under the survivability 

product improvement program; or 

(B) other necessary survivability capabilities that are 

in response to urgent operational needs; or 

(2) improvements to a previously procured assault amphibious vehicle 7A1 that address safety of use, environmental 

inhabitability, and operational availability. 

(e) MARINE CORPS ASSAULT VEHICLE, PROGRAM ELEMENT

603611M.—The limitation in subsection (a)(1) shall not apply to 

funds made available for research, development, test, and evaluation, Navy, for the Marine Corps assault vehicle, program element 

603611M, to— 

(1) conduct an analysis of alternatives and supporting 

analytical activities; or 

(2) conduct technology integration development and 

engineering to— 

(A) refine and validate requirements; and 

(B) reduce cost, schedule, and technical risk prior to 

the initiation of the amphibious combat vehicle program. 

(f) ASSESSMENT ON HABITABILITY.—Not later than 60 days after 

the date of the enactment of this Act, the Secretary of the Navy 

shall submit to the congressional defense committees a habitability 

assessment with respect to the period of time a member of the 

Armed Forces can spend in the back of an amphibious assault 

vehicle that is not ‘‘up on plane’’ while still remaining combat 

effective. Such assessment shall cover a set of operationally relevant 

speeds and ranges. The Secretary shall include the results and 

information from any recently performed tests related to such 

assessment. 

SEC. 215. LIMITATION ON OBLIGATION OF FUNDS FOR THE F–35 LIGHTNING II AIRCRAFT PROGRAM. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2012 for research and 

development for the F–35 Lightning II aircraft program, not more 

that 80 percent may be obligated or expended until the date on 

which the Secretary of Defense certifies to the congressional defense 

committees that the acquisition strategy for the F–35 Lightning 

II aircraft includes a plan for achieving competition throughout 

operation and sustainment, in accordance with section 202(d) of 

the Weapon Systems Acquisition Reform Act of 2009 (Public Law 

111–23; 10 U.S.C. 2430 note). 

SEC. 216. LIMITATION ON USE OF FUNDS FOR INCREMENT 2 OF B– 

2 BOMBER AIRCRAFT EXTREMELY HIGH FREQUENCY SATELLITE COMMUNICATIONS PROGRAM. 

Of the funds authorized to be appropriated by section 201 

for research, development, test, and evaluation for the Air Force 

as specified in the funding table in section 4201 and available 

for Increment 2 of the B–2 bomber aircraft extremely high frequency 

Effective date. 

Effective date. 

Certification. 

Deadline. 


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satellite communications program, not more than 40 percent may 

be obligated or expended until the date that is 15 days after 

the date on which the Secretary of the Air Force submits to the 

congressional defense committees the following: 

(1) The certification of the Secretary that— 

(A) the United States Government will own the data 

rights to any extremely high frequency active electronically 

steered array antenna developed for use as part of a system 

to support extremely high frequency protected satellite 

communications for the B–2 bomber aircraft; and 

(B) the use of an extremely high frequency active electronically steered array antenna is the most cost effective 

and lowest risk option available to support extremely high 

frequency satellite communications for the B–2 bomber 

aircraft. 

(2) A detailed plan setting forth the projected cost and 

schedule for research, development, and testing on the 

extremely high frequency active electronically steered array 

antenna. 

SEC. 217. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT 

SPACE OPERATIONS CENTER MANAGEMENT SYSTEM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) improvements to the space situational awareness and 

space command and control capabilities of the United States 

are necessary; and 

(2) the traditional defense acquisition process is not optimal 

for developing the services-oriented architecture and net-centric 

environment planned for the Joint Space Operations Center 

management system. 

(b) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2012 for research, development, test, and evaluation, Air Force, 

for release one of the Joint Space Operations Center management 

system may be obligated or expended until the date on which 

the Secretary of the Air Force and the Under Secretary of Defense 

for Acquisition, Technology, and Logistics jointly submit to the 

congressional defense committees the acquisition strategy for such 

management system, including— 

(1) a description of the acquisition policies and procedures 

applicable to such management system; and 

(2) a description of any additional acquisition authorities 

necessary to ensure that such management system is able 

to implement a services-oriented architecture and net-centric 

environment for space situational awareness and space command and control. 

SEC. 218. LIMITATION ON AVAILABILITY OF FUNDS FOR WIRELESS 

INNOVATION FUND. 

Of the funds authorized to be appropriated by this Act or 

otherwise made available for fiscal year 2012 for the wireless 

innovation fund within the Defense Advanced Research Projects 

Agency, not more than 10 percent may be obligated or expended 

until the date that is 30 days after the date on which the Under 

Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees a report on how 

such fund will be managed and executed, including— 

Submission date. 

Reports. 

Submission date. 

Acquisition 

strategy. 

Plan. 

Certification. 


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(1) a concept of operation for how such fund will operate, 

particularly with regards to supporting the interagency community; 

(2) a description of— 

(A) the governance structure, including how decisionmaking with interagency partners will be conducted; 

(B) the funding mechanism for interagency collaborators; 

(C) the metrics for measuring the performance and 

effectiveness of the program; and 

(D) the reporting mechanisms to provide oversight of 

the fund by the Department of Defense, the interagency 

partners, and Congress; and 

(3) any other matters the Under Secretary considers appropriate. 

SEC. 219. PROHIBITION ON DELEGATION OF BUDGETING AUTHORITY 

FOR CERTAIN RESEARCH AND EDUCATIONAL PROGRAMS. 

(a) PROHIBITION ON DELEGATION.—Subsection (a) of section 

2362 of title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretary of Defense’’ and inserting 

‘‘(1) The Secretary of Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary of Defense may not delegate or transfer 

to an individual outside the Office of the Secretary of Defense 

the authority regarding the programming or budgeting of the program established by this section that is carried out by the Assistant 

Secretary of Defense for Research and Engineering.’’. 

(b) CONFORMING AMENDMENTS.—Such section 2362 is amended 

further— 

(1) in subsection (b), by striking ‘‘established under subsection (a)’’ and inserting ‘‘established by subsection (a)(1)’’; 

and 

(2) in subsection (c), by striking ‘‘subsection (a)’’ and 

inserting ‘‘subsection (a)(1)’’. 

SEC. 220. DESIGNATION OF MAIN PROPULSION TURBOMACHINERY OF 

THE NEXT-GENERATION LONG-RANGE STRIKE BOMBER 

AIRCRAFT AS MAJOR SUBPROGRAM. 

(a) DESIGNATION AS MAJOR SUBPROGRAM.—Not later than 30 

days after the date on which the next-generation long-range strike 

bomber aircraft receives Milestone A approval, the Secretary of 

Defense shall designate the development and procurement of the 

main propulsion turbomachinery of the next-generation long-range 

strike bomber aircraft as a major subprogram of the next-generation 

long-range strike bomber aircraft major defense acquisition program, in accordance with section 2430a of title 10, United States 

Code. 

(b) COMPETITIVE ACQUISITION STRATEGY.—The Secretary of the 

Air Force shall develop an acquisition strategy for the major subprogram designated in subsection (a) that is in accordance with subsections (a) and (b) of section 202 of the Weapon Systems Acquisition 

Reform Act of 2009 (Public Law 111–23; 123 Stat. 1720; 10 U.S.C. 

2430 note). 

Deadline. 


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SEC. 221. DESIGNATION OF ELECTROMAGNETIC AIRCRAFT LAUNCH 

SYSTEM DEVELOPMENT AND PROCUREMENT PROGRAM AS 

MAJOR SUBPROGRAM. 

Not later than 30 days after the date of the enactment of 

this Act, the Secretary of Defense shall designate the electromagnetic aircraft launch development and procurement program 

as a major subprogram of the CVN–78 Ford-class aircraft carrier 

major defense acquisition program, in accordance with section 2430a 

of title 10, United States Code. The Secretary may cease such 

designation after the date on which the electromagnetic aircraft 

launch system is certified as operationally effective and suitable 

by the Director of Operational Test and Evaluation. 

SEC. 222. ADVANCED ROTORCRAFT FLIGHT RESEARCH AND DEVELOPMENT. 

(a) PROGRAM AUTHORIZED.—The Secretary of the Army may 

conduct a program for flight research and demonstration of 

advanced rotorcraft technology. 

(b) GOALS AND OBJECTIVES.—The goals and objectives of the 

program authorized by subsection (a) are as follows: 

(1) To flight demonstrate the ability of advanced rotorcraft 

technology to expand the flight envelope and improve the speed, 

range, payload, ceiling, survivability, reliability, and affordability of current and future rotorcraft of the Department of 

Defense. 

(2) To mature advanced rotorcraft technology and obtain 

flight-test data to— 

(A) support the assessment of such technology for 

future rotorcraft platform development programs of the 

Department; and 

(B) have the ability to add such technology to the 

existing rotorcraft of the Department to extend the capability and life of such rotorcraft until next-generation platforms are fielded. 

(c) ELEMENTS OF PROGRAM.—The program authorized by subsection (a) may include— 

(1) integration and demonstration of advanced rotorcraft 

technology to meet the goals and objectives described in subsection (b); and 

(2) flight demonstration of the advanced rotorcraft technology test bed under the experimental airworthiness process 

of the Federal Aviation Administration or other appropriate 

airworthiness process approved by the Secretary of Defense. 

(d) COMPETITION.—In awarding a contract under this section, 

the Secretary shall use competitive procedures in accordance with 

the requirements of section 2304 of title 10, United States Code, 

and shall consider a timely offer submitted by a small business 

concern (as defined in section 2225(f)(3) of such title) in accordance 

with the specifications and evaluation factors specified in the solicitation. 

SEC. 223. PRESERVATION AND STORAGE OF CERTAIN PROPERTY 

RELATED TO F136 PROPULSION SYSTEM. 

(a) PLAN.—The Secretary of Defense shall develop a plan for 

the disposition of property owned by the Federal Government that 

was acquired under the F136 propulsion system development contract. The plan shall— 

Contracts. 

10 USC 2358 

note. 

Deadline. 


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(1) ensure that the Secretary preserves and stores, uses, 

or disposes of such property in a manner that— 

(A) provides for the long-term sustainment and repair 

of such property pending the determination by the Department of Defense that such property— 

(i) can be used within the F–35 Lightning II aircraft program, in other Government development programs, or in other contractor-funded development 

activities; 

(ii) can be stored for use in future Government 

development programs; or 

(iii) should be disposed; and 

(B) allows for such preservation and storage of identified property to be conducted at either the facilities of 

the Federal Government or a contractor under such contract; and 

(2) identify any contract modifications, additional facilities, 

or funding that the Secretary determines necessary to carry 

out the plan. 

(b) RESTRICTION ON THE USE OF FUNDS.—None of the amounts 

authorized to be appropriated by this Act or otherwise made available for fiscal year 2012 for research, development, test, and evaluation, Navy, or research, development, test, and evaluation, Air 

Force, for the F–35 Lightning II aircraft program may be obligated 

or expended for activities related to destroying or disposing of 

the property described in subsection (a) until the date that is 

30 days after the date on which the report under subsection (c) 

is submitted to the congressional defense committees. 

(c) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the plan under 

subsection (a). That report shall describe how the Secretary intends 

to obtain maximum benefit to the Federal Government from the 

investment already made in developing the F136. 

Subtitle C—Missile Defense Programs 

SEC. 231. ACQUISITION ACCOUNTABILITY REPORTS ON THE BALLISTIC 

MISSILE DEFENSE SYSTEM. 

(a) BASELINE REQUIRED.— 

(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 

is amended by inserting after section 224 the following new 

section: 

‘‘§ 225. Acquisition accountability reports on the ballistic missile defense system 

‘‘(a) BASELINES REQUIRED.—(1) In accordance with paragraph 

(2), the Director of the Missile Defense Agency shall establish 

and maintain an acquisition baseline for— 

‘‘(A) each program element of the ballistic missile defense 

system, as specified in section 223 of this title; and 

‘‘(B) each designated major subprogram of such program 

elements. 

‘‘(2) The Director shall establish an acquisition baseline 

required by paragraph (1) before the date on which the program 

element or major subprogram enters— 

10 USC 225. 


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‘‘(A) engineering and manufacturing development (or its 

equivalent); and 

‘‘(B) production and deployment. 

‘‘(3) Except as provided by subsection (d), the Director may 

not adjust or revise an acquisition baseline established under this 

section. 

‘‘(b) ELEMENTS OF BASELINES.—Each acquisition baseline 

required by subsection (a) for a program element or major subprogram shall include the following: 

‘‘(1) A comprehensive schedule, including— 

‘‘(A) research and development milestones; 

‘‘(B) acquisition milestones, including design reviews 

and key decision points; 

‘‘(C) key test events, including ground and flight tests 

and ballistic missile defense system tests; 

‘‘(D) delivery and fielding schedules; 

‘‘(E) quantities of assets planned for acquisition and 

delivery in total and by fiscal year; and 

‘‘(F) planned contract award dates. 

‘‘(2) A detailed technical description of— 

‘‘(A) the capability to be developed, including hardware 

and software; 

‘‘(B) system requirements, including performance 

requirements; 

‘‘(C) how the proposed capability satisfies a capability 

identified by the commanders of the combatant commands 

on a prioritized capabilities list; 

‘‘(D) key knowledge points that must be achieved to 

permit continuation of the program and to inform production and deployment decisions; and 

‘‘(E) how the Director plans to improve the capability 

over time. 

‘‘(3) A cost estimate, including— 

‘‘(A) a life-cycle cost estimate that separately identifies 

the costs regarding research and development, procurement, military construction, operations and sustainment, 

and disposal; 

‘‘(B) program acquisition unit costs for the program 

element; 

‘‘(C) average procurement unit costs and program 

acquisition costs for the program element; and 

‘‘(D) an identification of when the document regarding 

the program joint cost analysis requirements description 

is scheduled to be approved. 

‘‘(4) A test baseline summarizing the comprehensive test 

program for the program element or major subprogram outlined 

in the integrated master test plan. 

‘‘(c) ANNUAL REPORTS ON ACQUISITION BASELINES.—(1) Not 

later than February 15 of each year, the Director shall submit 

to the congressional defense committees a report on the acquisition 

baselines required by subsection (a). 

‘‘(2)(A) The first report under paragraph (1) shall set forth 

each acquisition baseline required by subsection (a) for a program 

element or major subprogram. 

‘‘(B) Each subsequent report under paragraph (1) shall 

include— 


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‘‘(i) any new acquisition baselines required by subsection 

(a) for a program element or major subprogram; and 

‘‘(ii) with respect to an acquisition baseline that was previously included in a report under paragraph (1), an identification of any changes or variances made to the elements described 

in subsection (b) for such acquisition baseline, as compared 

to— 

‘‘(I) the initial acquisition baseline for such program 

element or major subprogram; and 

‘‘(II) the acquisition baseline for such program element 

or major subprogram that was submitted in the report 

during the previous year. 

‘‘(3) Each report under this subsection shall be submitted in 

unclassified form, but may include a classified annex. 

‘‘(d) EXCEPTION TO LIMITATION ON REVISION.—The Director may 

adjust or revise an acquisition baseline established under this section if the Director submits to the congressional defense committees 

notification of— 

‘‘(1) a justification for such adjustment or revision; 

‘‘(2) the specific adjustments or revisions made to the 

acquisition baseline, including to the elements described in 

subsection (b); and 

‘‘(3) the effective date of the adjusted or revised acquisition 

baseline.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘225. Acquisition accountability reports on the ballistic missile defense system.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) FISCAL YEAR 2011 NDAA.—Section 225 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 124 Stat. 4170; 10 U.S.C. 223 note) is repealed. 

(2) FISCAL YEAR 2008 NDAA.—Section 223 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 122 Stat. 39; 10 U.S.C. 223 note) is amended by 

striking subsection (g). 

(3) FISCAL YEAR 2003 NDAA.—Section 221 of the Bob Stump 

National Defense Authorization Act for Fiscal Year 2003 (Public 

Law 107–314; 116 Stat. 2484; 10 U.S.C. 2431 note) is repealed. 

SEC. 232. COMPTROLLER GENERAL REVIEW AND ASSESSMENT OF MISSILE DEFENSE ACQUISITION PROGRAMS. 

(a) COMPTROLLER GENERAL ASSESSMENT.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall review the annual reports submitted under section 

225(c) of title 10, United States Code, as added by section 

231 of this Act, that cover any of fiscal years 2012 through 

2015 and assess the extent to which the Missile Defense Agency 

has achieved its acquisition goals and objectives. 

(2) REPORTS.—Not later than March 15, 2013, and each 

year thereafter through 2016, the Comptroller General shall 

submit to the congressional defense committees a report on 

the assessment under paragraph (1) with respect to the acquisition baselines for the preceding fiscal year. Each report shall 

include any findings and recommendations on missile defense 

Repeal. 

Notification. 


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acquisition programs and accountability therefore that the 

Comptroller General considers appropriate. 

(b) ANNUAL REPORTS ON MISSILE DEFENSE EXECUTIVE BOARD

ACTIVITIES.—In each of the first three reports submitted under 

section 225(c) of title 10, United States Code, as added by section 

231 of this Act, the Director shall include a description of the 

activities of the Missile Defense Executive Board during the fiscal 

year preceding the date of the report, including the following: 

(1) A list of each meeting of the Board during such year. 

(2) The agenda and issues considered at each such meeting. 

(3) A description of any decisions or recommendations made 

by the Board at each such meeting. 

(c) REPEAL OF SUPERSEDED REPORTING AUTHORITY.—Section 

232 of the National Defense Authorization Act for Fiscal Year 

2002 (Public Law 107–107; 115 Stat. 1037; 10 U.S.C. 2431 note) 

is amended by striking subsection (g). 

SEC. 233. HOMELAND DEFENSE HEDGING POLICY AND STRATEGY. 

(a) REPORT REQUIRED.—In light of the homeland missile defense 

hedging policy and strategy framework described in the Ballistic 

Missile Defense Review of 2010, not later than 75 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on the 

results of the missile defense hedging strategy review for the protection of the homeland of the United States. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) A description of the findings and conclusions of the 

strategy review. 

(2) A description of the hedging alternatives and capabilities considered by the Secretary. 

(3) A summary of the analyses conducted, including the 

criteria used to assess the alternatives and capabilities 

described in paragraph (2). 

(4) A detailed description of the plans, programs, and the 

budget profile for implementing the strategy through the future 

years defense program submitted to Congress under section 

221 of title 10, United States Code, with the budget of the 

President for fiscal year 2013. 

(5) The criteria to be used in determining whether and 

when each item contained in the strategy should be implemented and the schedule and budget profile required to implement each item. 

(6) A discussion of the feasibility and advisability of 

deploying a missile defense site on the East Coast of the United 

States. 

(7) Any other information the Secretary considers necessary. 

(c) FORM.—The report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

SEC. 234. GROUND-BASED MIDCOURSE DEFENSE PROGRAM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) it is essential for the ground-based midcourse defense 

element of the ballistic missile defense system to achieve the 

levels of reliability, availability, sustainability, and operational 

performance that will allow it to continue providing protection 

of the United States homeland, throughout its operational 


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service life, against limited ballistic missile attack (whether 

accidental, unauthorized, or deliberate); 

(2) the Missile Defense Agency should, as its highest priority, determine the root cause of the December 2010 flighttest failure of the ground-based midcourse defense system, 

design a correction of the problem causing the flight-test failure, 

and verify through extensive testing that such correction is 

effective and will allow the ground-based midcourse defense 

system to reach levels described in paragraph (1); 

(3) after the Missile Defense Agency has verified the correction of the problem causing the December 2010 flight-test 

failure, including through the two previously unplanned 

verification flight tests, the Agency should assess the need 

for any additional ground-based interceptors and any additional 

steps needed for the ground-based midcourse defense testing 

and sustainment program; and 

(4) the Department of Defense should plan for and budget 

sufficient future funds for the ground-based midcourse defense 

program to ensure the ability to complete and verify an effective 

correction of the problem causing the December 2010 flighttest failure, to mitigate the effects of corrective actions on 

previously planned program work that is deferred as a result 

of such corrective actions, and to enhance the program over 

time. 

(b) REPORTS.— 

(1) REPORTS REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, and one year thereafter, 

the Secretary of Defense shall submit to the congressional 

defense committees a report describing the plan of the Department of Defense to correct the problem causing the December 

2010 flight-test failure of the ground-based midcourse defense 

system, and any progress toward the achievement of that plan. 

(2) ELEMENTS.—Each report required by paragraph (1) 

shall include the following: 

(A) A detailed discussion of the plan to correct the 

problem described in that paragraph, including plans for 

diagnostic, design, testing, and manufacturing actions. 

(B) A detailed discussion of any results obtained from 

the plan described in subparagraph (A) as of the date 

of such report, including diagnostic, design, testing, or 

manufacturing results. 

(C) A description of any cost or schedule impact of 

the plan on the ground-based midcourse defense program, 

including on testing, production, refurbishment, or deferred 

work. 

(D) A description of any planned adjustments to the 

ground-based midcourse defense program as a result of 

the implementation of the plan, including future programmatic, schedule, testing, or funding adjustments. 

(E) A description of any enhancements to the capability 

of the ground-based midcourse defense system achieved 

or planned since the submittal of the budget for fiscal 

year 2010 pursuant to section 1105 of title 31, United 

States Code. 

(3) FORM.—Each report required by paragraph (1) shall 

be in unclassified form, but may include a classified annex. 


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SEC. 235. LIMITATION ON AVAILABILITY OF FUNDS FOR THE MEDIUM 

EXTENDED AIR DEFENSE SYSTEM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2012 for 

the medium extended air defense system program, not more than 

25 percent may be obligated or expended until the date on which 

the Secretary of Defense submits to the congressional defense 

committees a plan to use such funds as final obligations under 

such program for either— 

(1) implementing a restructured program of reduced scope; 

or 

(2) contract termination liability costs with respect to the 

contracts covering the program. 

(b) ELEMENTS.—The plan under subsection (a) shall include 

the following: 

(1) The plan of the Secretary for using funds authorized 

to be appropriated by this Act or otherwise made available 

for fiscal year 2012 for the medium extended air defense system 

program for the purposes described in paragraph (1) or (2) 

of subsection (a). 

(2) An explanation of the amount of the total cost for 

which the United States would be liable with respect to either— 

(A) restructuring the program as described in such 

paragraph (1); or 

(B) terminating the contracts covering the program, 

either unilaterally or multilaterally, as described in such 

paragraph (2). 

(3) An explanation of the terms of any agreement with 

Germany or Italy (or both) with respect to program restructuring or contract termination. 

(4) A description of the program schedule and specific elements of a restructured program to develop, test, and evaluate 

technologies for possible incorporation into future air and missile defense architectures of the United States. 

(5) A description of the specific technologies identified by 

the Secretary for possible incorporation into future air and 

missile defense architectures of the United States. 

(6) A description of how the Secretary plans to address 

the future air and missile defense requirements of the Department of Defense in the absence of a fielded medium extended 

air defense system capability, including a summary of activities, 

the cost estimate, and the funding profile necessary to sustain 

and upgrade the Patriot air and missile defense system. 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report providing a 

detailed description of the efforts the Secretary has made with 

Germany and Italy, including any involvement by the Secretary 

of State, to agree on ways to minimize the costs to each nation 

of implementing a restructured program or of unilateral or multilateral contract termination. 

SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE 

DEFENSE TRAINING. 

It is the sense of Congress that— 

Germany. 

Italy. 

Submission date. 

Plans. 


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(1) progress has been made in improving the integration 

of ballistic missile defense training across and between combatant commands and military services and identifying the 

training requirements, capabilities, and resources that the 

Department of Defense needs for this complex mission that 

is vital to the protection of the United States and its deployed 

forces and allies against ballistic missile attacks; 

(2) it is important to continue effective and integrated 

missile defense training to improve the capabilities of the ballistic missile defense system and its elements; and 

(3) the Department of Defense should continue to identify 

the capabilities and resources needed to effectively and adequately integrate training across and between the combatant 

commands and military services and should continue efforts 

to improve such training. 

Subtitle D—Reports 

SEC. 241. EXTENSION OF REQUIREMENTS FOR BIENNIAL ROADMAP 

AND ANNUAL REVIEW AND CERTIFICATION ON FUNDING 

FOR DEVELOPMENT OF HYPERSONICS. 

Section 218(e)(3) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2126; 10 U.S.C. 2358 note) is amended by striking ‘‘2012’’ 

and inserting ‘‘2016’’. 

SEC. 242. REPORT AND COST ASSESSMENT OF OPTIONS FOR OHIOCLASS REPLACEMENT BALLISTIC MISSILE SUBMARINE. 

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

of the enactment of this Act, the Secretary of the Navy and the 

Commander of the United States Strategic Command shall jointly 

submit to the congressional defense committees a report on each 

of the options described in subsection (b) to replace the Ohioclass ballistic submarine program. The report shall include the 

following: 

(1) An assessment of the procurement cost and total lifecycle costs associated with each option. 

(2) An assessment of the ability for each option to meet— 

(A) the at-sea requirements of the Commander that 

are in place as of the date of the enactment of this Act; 

and 

(B) any expected changes in such requirements. 

(3) An assessment of the ability for each option to meet— 

(A) the nuclear employment and planning guidance 

in place as of the date of the enactment of this Act; and 

(B) any expected changes in such guidance. 

(4) A description of the postulated threat and strategic 

environment used to inform the selection of a final option 

and how each option provides flexibility for responding to 

changes in the threat and strategic environment. 

(b) OPTIONS CONSIDERED.—The options described in this subsection to replace the Ohio-class ballistic submarine program are 

as follows: 

(1) A fleet of 12 submarines with 16 missile tubes each. 

(2) A fleet of 10 submarines with 20 missile tubes each. 

(3) A fleet of 10 submarines with 16 missile tubes each. 


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(4) A fleet of eight submarines with 20 missile tubes each. 

(5) Any other options the Secretary and the Commander 

consider appropriate. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 243. REPORT ON THE ELECTROMAGNETIC RAIL GUN SYSTEM. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of the Navy shall submit 

to the congressional defense committees a report on the development, future deployment, and operational challenges of the electromagnetic rail gun system of the Navy. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the various operational problem sets 

the electromagnetic rail gun system might be used against, 

including— 

(A) naval surface fire support; 

(B) anti-surface warfare, including small-boat threats; 

(C) cruise missile, ballistic missile, and anti-aircraft 

defense; and 

(D) other missions as defined by the Secretary. 

(2) An analysis of the technical challenges in developing 

the electromagnetic rail gun system, including— 

(A) power generation and storage to achieve desired 

firing rates and ranges; 

(B) projectile development; 

(C) launcher/bore design and lifetime; and 

(D) ship integration challenges. 

(3) An identification of existing supporting research programs being executed outside of the Navy that support the 

development of the electromagnetic rail gun system, as well 

as opportunities where collaborative research between the Navy 

and other research components could accelerate development. 

(4) An assessment of possible deployment configurations, 

including— 

(A) for ship-based applications, an identification of candidate ships for initial integration; 

(B) for land-based applications, an identification of possible mission sets and locations for early prototyping 

opportunities; and 

(C) other alternative approaches for rapid prototyping. 

(5) With respect to the information provided by the Secretary of the Navy under paragraphs (1) through (4), the opinions of the Secretary of the Army, the Commandant of the 

Marine Corps, the Assistant Secretary of Defense for Research 

and Engineering, the Director of the Missile Defense Agency, 

and the Director of the Defense Advanced Research Projects 

Agency. 

(c) INTERIM UPDATE.—Not later than 90 days after the date 

of the enactment of this Act, the Chief of Naval Research shall 

provide an update briefing to the congressional defense committees. 

(d) FORM.—The report required by paragraph (a) shall be submitted in unclassified form, but may include a classified annex. 

Deadline. 


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SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE KC–46A 

AIRCRAFT ACQUISITION PROGRAM. 

(a) ANNUAL GAO REVIEW.—During the period beginning on 

the date of the enactment of this Act and ending on March 1, 

2017, the Comptroller General of the United States shall conduct 

an annual review of the KC–46A aircraft acquisition program. 

(b) ANNUAL REPORTS.— 

(1) IN GENERAL.—Not later than March 1 of each year 

beginning in 2012 and ending in 2017, the Comptroller General 

shall submit to the congressional defense committees a report 

on the review of the KC–46A aircraft acquisition program conducted under subsection (a). 

(2) MATTERS TO BE INCLUDED.—Each report on the review 

of the KC–46A aircraft acquisition program shall include the 

following: 

(A) The extent to which the program is meeting 

engineering, manufacturing, development, and procurement cost, schedule, performance, and risk mitigation goals. 

(B) With respect to meeting the desired initial operational capability and full operational capability dates for 

the KC–46A aircraft, the progress and results of— 

(i) developmental and operational testing of the 

aircraft; and 

(ii) plans for correcting deficiencies in aircraft 

performance, operational effectiveness, reliability, suitability, and safety. 

(C) An assessment of KC–46A aircraft procurement 

plans, production results, and efforts to improve manufacturing efficiency and supplier performance. 

(D) An assessment of the acquisition strategy of the 

KC–46A aircraft, including whether such strategy is in 

compliance with acquisition management best-practices 

and the acquisition policy and regulations of the Department of Defense. 

(E) A risk assessment of the integrated master 

schedule and the test and evaluation master plan of the 

KC–46A aircraft as it relates to— 

(i) the probability of success; 

(ii) the funding required for such aircraft compared 

with the funding budgeted; and 

(iii) development and production concurrency. 

(3) ADDITIONAL INFORMATION.—In submitting to the 

congressional defense committees the first report under paragraph (1) and a report following any changes made by the 

Secretary of the Air Force to the baseline documentation of 

the KC–46A aircraft acquisition program, the Comptroller General shall include, with respect to such program, an assessment 

of the sufficiency and objectivity of— 

(A) the integrated baseline review document; 

(B) the initial capabilities document; 

(C) the capabilities development document; and 

(D) the systems requirement document. 

SEC. 245. INDEPENDENT REVIEW AND ASSESSMENT OF CRYPTOGRAPHIC MODERNIZATION PROGRAM. 

(a) INDEPENDENT REVIEW AND ASSESSMENT.—Not later than 

30 days after the date of the enactment of this Act, the Secretary 

Deadline. 

Time period. 


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of Defense shall select an appropriate entity outside the Department 

of Defense to conduct an independent review and assessment of 

the cryptographic modernization program of the Department of 

Defense. 

(b) ELEMENTS.—The review and assessment required by subsection (a) shall include the following: 

(1) For each military department and appropriate defense 

agency, an analysis of the adequacy of the program management structure for executing the cryptographic modernization 

program, including resources, personnel, requirements generation, and business process metrics. 

(2) A description of the acquisition model for each military 

department and appropriate defense agency, including how the 

acquisition strategies of programs of record are synchronized 

with the needs of the cryptographic modernization program. 

(3) An analysis of the current funding mechanism, the 

Information System Security Program, to provide adequate and 

stable funding to meet cryptographic modernization needs. 

(4) An analysis of the ability of the program to deliver 

capabilities to the user community while complying with the 

budget and schedule for the program, including the programmatic risks that negatively affect such compliance. 

(c) REPORT.— 

(1) REPORT REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the entity conducting the 

review and assessment under subsection (a) shall submit to 

the Secretary and the congressional defense committees a report 

containing— 

(A) the results of the review and assessment; and 

(B) recommendations for improving the management 

of the cryptographic modernization program. 

(2) ADDITIONAL EVALUATION REQUIRED.—Not later than 30 

days after the date on which the congressional defense committees receive the report required by paragraph (1), the Secretary 

shall submit to such committees an evaluation by the Secretary 

of the findings and recommendations contained in such report. 

(3) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 246. REPORT ON INCREASED BUDGET ITEMS. 

(a) REPORT.— 

(1) IN GENERAL.—The Secretary of Defense shall submit 

to the congressional defense committees a report describing 

the contract award process for each contract described in subsection (b) for which the Secretary will obligate funds authorized for a program element described in subsection (c). In 

the case of funds that are not yet obligated for any such 

contract by the end of fiscal year 2012, the Secretary shall 

describe the process planned for the award of such a contract. 

(2) SUBMISSION.—The Secretary shall submit the report 

required by paragraph (1) not later than December 31, 2012. 

(b) CONTRACT DESCRIBED.—For purposes of subsection (a), a 

contract described in this subsection is a contract awarded using 

procedures other than competitive procedures pursuant to the exceptions set forth in section 2304(c) of title 10, United States Code, 

or any other exceptions provided in law or regulation. 


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(c) PROGRAM ELEMENT DESCRIBED.—(1) For purposes of subsection (a), a program element described in this subsection is a 

program element funded— 

(A) with amounts authorized to be appropriated by section 

201; and 

(B) in a total amount that is more than the amount 

requested for such program element by the President in the 

budget submitted to Congress under section 1105 of title 31, 

United States Code, for fiscal year 2012. 

(2) For purposes of paragraph (1)(B), the total amount referred 

to in such paragraph does not include funds transferred into such 

program element that were included elsewhere in the budget 

referred to in such paragraph. 

Subtitle E—Other Matters 

SEC. 251. REPEAL OF REQUIREMENT FOR TECHNOLOGY TRANSITION 

INITIATIVE. 

(a) IN GENERAL.— (1) REPEAL.—Section 2359a of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 139 of such title is amended by striking 

the item relating to section 2359a. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on October 1, 2013. 

SEC. 252. CONTRACTOR COST-SHARING IN PILOT PROGRAM TO 

INCLUDE TECHNOLOGY PROTECTION FEATURES DURING 

RESEARCH AND DEVELOPMENT OF CERTAIN DEFENSE 

SYSTEMS. 

Section 243 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4178; 

10 U.S.C. 2358 note) is amended— 

(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) COST-SHARING.—Any contract for the design or development 

of a system resulting from activities under subsection (a) for the 

purpose of enhancing or enabling the exportability of the system 

either— 

‘‘(1) for the development of program protection strategies 

for the system; or 

‘‘(2) for the design and incorporation of exportability features into the system, 

shall include a cost-sharing provision that requires the contractor 

to bear at least one-half of the cost of such activities.’’. 

SEC. 253. EXTENSION OF AUTHORITY FOR MECHANISMS TO PROVIDE 

FUNDS FOR DEFENSE LABORATORIES FOR RESEARCH AND 

DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MISSIONS. 

Section 219(c) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (10 U.S.C. 2358 note) is 

amended by striking ‘‘October 1, 2013’’ and inserting ‘‘September 

30, 2016’’. 

10 USC 2359a 

note. 


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SEC. 254. NATIONAL DEFENSE EDUCATION PROGRAM. 

If the total amount authorized to be appropriated by this Act 

for the National Defense Education Program for fiscal year 2012 

is less than the amount requested by the President for such program 

in the budget submitted to Congress under section 1105 of title 

31, United States Code, for such fiscal year, the Secretary of Defense 

may not derive the difference between such amounts from the 

K–12 component of such program. 

SEC. 255. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE. 

(a) ACQUISITION.— 

(1) IN GENERAL.—Subject to paragraph (3), the Secretary 

of the Army (referred to in this section as the ‘‘Secretary’’) 

may acquire any real property and associated real property 

interests in the vicinity of Hanover, New Hampshire, described 

in paragraph (2) as may be needed for the Engineer Research 

and Development Center laboratory facilities at the Cold 

Regions Research and Engineering Laboratory. 

(2) DESCRIPTION OF REAL PROPERTY.—The real property 

described in this paragraph is the real property to be acquired 

under paragraph (1)— 

(A) consisting of approximately 18.5 acres, identified 

as Tracts 101–1 and 101–2, together with all necessary 

easements located entirely within the Town of Hanover, 

New Hampshire; and 

(B) generally bounded— 

(i) to the east by state route 10-Lyme Road; 

(ii) to the north by the vacant property of the 

Trustees of Dartmouth College; 

(iii) to the south by Fletcher Circle graduate student housing owned by the Trustees of Dartmouth 

College; and 

(iv) to the west by approximately 9 acres of real 

property acquired in fee through condemnation in 1981 

by the Secretary. 

(3) AMOUNT PAID FOR PROPERTY.—The Secretary shall pay 

not more than fair market value for any real property and 

associated real property interest acquired under this subsection. 

(b) REVOLVING FUND.—The Secretary— 

(1) through the Plant Replacement and Improvement Program of the Secretary, may use amounts in the revolving fund 

established by section 101 of the Civil Functions Appropriations 

Act, 1954 (33 U.S.C. 576) to acquire the real property and 

associated real property interests described in subsection (a); 

and 

(2) shall ensure that the revolving fund is appropriately 

reimbursed from the benefitting appropriations. 

(c) RIGHT OF FIRST REFUSAL.— 

(1) IN GENERAL.—The Secretary may provide the seller 

of any real property and associated property interests identified 

in subsection (a) a right of first refusal— 

(A) a right of first refusal to acquire the property, 

or any portion of the property, in the event the property 

or portion is no longer needed by the Department of the 

Army; and 


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(B) a right of first refusal to acquire any real property 

or associated real property interests acquired by condemnation in Civil Action No. 81–360–L, in the event the property, 

or any portion of the property, is no longer needed by 

the Department of the Army. 

(2) NATURE OF RIGHT.—A right of first refusal provided 

to a seller under this subsection shall not inure to the benefit 

of any successor or assign of the seller. 

(d) CONSIDERATION; FAIR MARKET VALUE.—The purchase of 

any property by a seller exercising a right of first refusal provided 

under subsection (c) shall be for— 

(1) consideration acceptable to the Secretary; and 

(2) not less than fair market value at the time at which 

the property becomes available for purchase. 

(e) DISPOSAL.—The Secretary may dispose of any property or 

associated real property interests that are subject to the exercise 

of the right of first refusal under this section. 

(f) NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

Nothing in this section affects or limits the application of or obligation to comply with any environmental law, including section 120(h) 

of the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9620(h)). 

SEC. 256. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT 

EMITTING DIODE TECHNOLOGY. 

It is the sense of Congress that— 

(1) active matrix organic light emitting diode (in this section 

referred to as ‘‘OLED’’) technology displays have the potential 

to reduce the size, weight, and energy consumption of both 

dismounted and mounted systems of the Armed Forces; 

(2) the United States has a limited OLED manufacturing 

industry; 

(3) to ensure a reliable domestic source of OLED displays, 

the Secretary of Defense can use existing programs, including 

the ManTech program, to support the reduction of the costs 

and risks related to OLED manufacturing technologies; and 

(4) the reduction of such costs and risks of OLED manufacturing has the potential to enable the affordable production 

and sustainment of future weapon systems, as well as the 

affordable transition of new technologies that can enhance 

capabilities of current force systems. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Energy and Environmental Provisions 

Sec. 311. Designation of senior official of Joint Chiefs of Staff for operational energy plans and programs and operational energy budget certification. 

Sec. 312. Improved Sikes Act coverage of State-owned facilities used for the national defense. 

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

Sec. 314. Modification to the responsibilities of the Assistant Secretary of Defense 

for Operational Energy, Plans, and Programs. 

Sec. 315. Energy-efficient technologies in contracts for logistics support of contingency operations. 


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125 STAT. 1350 PUBLIC LAW 112–81—DEC. 31, 2011 

Sec. 316. Health assessment reports required when waste is disposed of in openair burn pits. 

Sec. 317. Streamlined annual report on defense environmental programs. 

Sec. 318. Payment to Environmental Protection Agency of stipulated penalties in 

connection with Jackson Park Housing Complex, Washington. 

Sec. 319. Requirements relating to Agency for Toxic Substances and Disease Registry investigation of exposure to drinking water contamination at Camp 

Lejeune, North Carolina. 

Sec. 320. Fire suppression agents. 

Subtitle C—Logistics and Sustainment 

Sec. 321. Definition of depot-level maintenance and repair. 

Sec. 322. Designation of military arsenal facilities as Centers of Industrial and 

Technical Excellence. 

Sec. 323. Permanent and expanded authority for Army industrial facilities to enter 

into certain cooperative arrangements with non-Army entities. 

Sec. 324. Implementation of corrective actions resulting from corrosion study of the 

F–22 and F–35 aircraft. 

Sec. 325. Modification of requirements relating to minimum capital investment for 

certain depots. 

Sec. 326. Reports on depot-related activities. 

Sec. 327. Core depot-level maintenance and repair capabilities. 

Subtitle D—Readiness 

Sec. 331. Modification of Department of Defense authority to accept voluntary contributions of funds. 

Sec. 332. Review of proposed structures affecting navigable airspace. 

Subtitle E—Reports 

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

materiel and equipment. 

Sec. 342. Additional matters for inclusion in and modified deadline for the annual 

report on operational energy. 

Sec. 343. Study on Air Force test and training range infrastructure. 

Sec. 344. Study on training range infrastructure for special operations forces. 

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

life extension programs to achieve cost savings. 

Sec. 346. Study on United States force posture in the United States Pacific Command area of responsibility. 

Sec. 347. Study on overseas basing presence of United States forces. 

Sec. 348. Inclusion of assessment of joint military training and force allocations in 

quadrennial defense review and national military strategy. 

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

Subtitle F—Limitations and Extension of Authority 

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

wounded member of the Armed Forces who was the dog’s handler. 

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

Sec. 353. Designation and limitation on obligation and expenditure of funds for the 

migration of Army enterprise email services. 

Sec. 354. One-year extension of pilot program for availability of working-capital 

funds to Army for certain product improvements. 

Subtitle G—Other Matters 

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

components in excess of military requirements, and fired cartridge 

cases. 

Sec. 362. Comptroller General review of space-available travel on military aircraft. 

Sec. 363. Authority to provide information for maritime safety of forces and hydrographic support. 

Sec. 364. Deposit of reimbursed funds under reciprocal fire protection agreements. 

Sec. 365. Clarification of the airlift service definitions relative to the Civil Reserve 

Air Fleet. 

Sec. 366. Ratemaking procedures for Civil Reserve Air Fleet contracts. 

Sec. 367. Policy on Active Shooter Training for certain law enforcement personnel. 

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


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1351 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4301. 

Subtitle B—Energy and Environmental 

Provisions 

SEC. 311. DESIGNATION OF SENIOR OFFICIAL OF JOINT CHIEFS OF 

STAFF FOR OPERATIONAL ENERGY PLANS AND PROGRAMS 

AND OPERATIONAL ENERGY BUDGET CERTIFICATION. 

Section 138c of title 10, United States Code, is amended— 

(1) in subsection (d)— 

(A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and 

(B) by inserting after paragraph (2) the following new 

paragraph (3): 

‘‘(3) The Chairman of the Joint Chiefs of Staff shall designate 

a senior official under the jurisdiction of the Chairman who shall 

be responsible for operational energy plans and programs for the 

Joint Chiefs of Staff and the Joint Staff. The official so designated 

shall be responsible for coordinating with the Assistant Secretary 

and implementing initiatives pursuant to the strategy with regard 

to the Joint Chiefs of Staff and the Joint Staff.’’; and 

(2) in subsection (e)(4), by striking ‘‘10 days’’ and inserting 

‘‘30 days’’. 

SEC. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE. 

(a) IMPROVEMENTS TO ACT.—The Sikes Act (16 U.S.C. 670 et 

seq.) is amended as follows: 

(1) DEFINITIONS.—Section 100 (16 U.S.C. 670) is amended— 

(A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and 

(B) by inserting after paragraph (1) the following new 

paragraphs: 

‘‘(2) STATE.—The term ‘State’ means any of the several 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, Guam, the Commonwealth of the Northern Mariana 

Islands, American Samoa, and the Virgin Islands. 

‘‘(3) STATE-OWNED NATIONAL GUARD INSTALLATION.—The 

term ‘State-owned National Guard installation’ means land 

owned and operated by a State when such land is used for 

training the National Guard pursuant to chapter 5 of title 

32, United States Code, with funds provided by the Secretary 

of Defense or the Secretary of a military department, even 

though such land is not under the jurisdiction of the Department of Defense.’’. 


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125 STAT. 1352 PUBLIC LAW 112–81—DEC. 31, 2011 

(2) FUNDING OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.—Section 101 (16 U.S.C. 670a) is amended— 

(A) in subsection (a)(1)(B)— 

(i) by inserting ‘‘(i)’’ before ‘‘To facilitate’’; and 

(ii) by adding at the end the following new clause: 

‘‘(ii) The Secretary of a military department may, 

subject to the availability of appropriations, develop 

and implement an integrated natural resources 

management plan for a State-owned National Guard 

installation. Such a plan shall be developed and implemented in coordination with the chief executive officer 

of the State in which the State-owned National Guard 

installation is located. Such a plan is deemed, for purposes of any other provision of law, to be for lands 

or other geographical areas owned or controlled by 

the Department of Defense, or designated for its use.’’; 

(B) in subsection (a)(2), by inserting ‘‘or State-owned 

National Guard installation’’ after ‘‘military installation’’ 

both places it appears; 

(C) in subsection (a)(3)— 

(i) by redesignating subparagraphs (A), (B), and 

(C) as clauses (i), (ii), and (iii), respectively; 

(ii) by inserting ‘‘(A)’’ before ‘‘Consistent’’; 

(iii) in subparagraph (A), as designated by clause 

(ii) of this subparagraph, by inserting ‘‘and State-owned 

National Guard installations’’ after ‘‘military installations’’ the first place it appears; 

(iv) in clause (i) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by striking 

‘‘military installations’’ and inserting ‘‘such installations’’; 

(v) in clause (ii) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by inserting 

‘‘on such installations’’ after ‘‘resources’’; and 

(vi) by adding at the end the following subparagraph: 

‘‘(B) In the case of a State-owned National Guard 

installation, such program shall be carried out in coordination with the chief executive officer of the State in which 

the installation is located.’’; 

(D) in subsection (b), by inserting ‘‘and State-owned 

National Guard installations’’ after ‘‘military installations’’ 

the first place it appears; 

(E) in subparagraphs (G) and (I) of subsection (b)(1), 

by striking ‘‘military installation’’ each place it appears 

and inserting ‘‘installation’’; and 

(F) in subsection (b)(3), by inserting ‘‘, in the case 

of a military installation,’’ after ‘‘(3) may’’. 

(3) COOPERATIVE AGREEMENTS.—Section 103a(a) (16 U.S.C. 

670c–1(a)) is amended— 

(A) in paragraph (1), by striking ‘‘Department of 

Defense installations’’ and inserting ‘‘military installations 

and State-owned National Guard installations’’; and 

(B) in paragraph (2), by striking ‘‘Department of 

Defense installation’’ and inserting ‘‘military installation 

or State-owned National Guard installation’’. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1353 

(b) SECTION AND SUBSECTION HEADINGS.—Such Act is further 

amended as follows: 

(1) Section 101 (16 U.S.C. 670a) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.’’; 

(B) by striking ‘‘SEC. 101.’’; 

(C) in subsection (c), by inserting ‘‘PROHIBITIONS ON

SALE AND LEASE OF LANDS UNLESS EFFECTS COMPATIBLE

WITH PLAN.—’’ after ‘‘(c)’’; 

(D) in subsection (d), by inserting ‘‘IMPLEMENTATION

AND ENFORCEMENT OF INTEGRATED NATURAL RESOURCES

MANAGEMENT PLANS.—’’ after ‘‘(d)’’; 

(E) in subsection (e)— 

(i) by inserting ‘‘APPLICABILITY OF OTHER LAWS.— 

’’ after ‘‘(e)’’; and 

(ii) by inserting a comma after ‘‘Code’’. 

(2) Section 102 (16 U.S.C. 670b) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.’’; 

(B) by striking ‘‘SEC. 102.’’ and inserting ‘‘(a) 

INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.— ’’; and 

(C) by striking ‘‘agency:’’ and all that follows through 

‘‘possession’’ and inserting ‘‘agency. 

‘‘(b) APPLICABILITY OF OTHER LAWS.—Possession’’. 

(3) Section 103a (16 U.S.C. 670c–1) is further amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR 

LAND MANAGEMENT ON INSTALLATIONS.’’; 

(B) by striking ‘‘SEC. 103A.’’; 

(C) in subsection (a), by inserting ‘‘AUTHORITY OF SECRETARY OF MILITARY DEPARTMENT.—’’ after ‘‘(a)’’; and 

(D) in subsection (c), by inserting ‘‘AVAILABILITY OF

FUNDS; AGREEMENTS UNDER OTHER LAWS.—’’ after ‘‘(c)’’. 

(4) Section 104 (16 U.S.C. 670d) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER 

GENERAL.’’; and 

(B) by striking ‘‘SEC. 104.’’. 

(5) Section 105 (16 U.S.C. 670e) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST 

LANDS.’’; and 

(B) by striking ‘‘SEC. 105.’’. 

(6) Section 108 (16 U.S.C. 670f) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 108. APPROPRIATIONS AND EXPENDITURES.’’; 

(B) by striking ‘‘SEC. 108.’’; 

(C) in subsection (a), by inserting ‘‘EXPENDITURES OF

COLLECTED FUNDS UNDER INTEGRATED NATURAL

RESOURCES MANAGEMENT PLANS.—’’ after ‘‘(a)’’; 


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125 STAT. 1354 PUBLIC LAW 112–81—DEC. 31, 2011 

(D) in subsection (b), by inserting ‘‘AUTHORIZATION OF

APPROPRIATIONS TO SECRETARY OF DEFENSE.—’’ after ‘‘(b)’’; 

(E) in subsection (c), by inserting ‘‘AUTHORIZATION OF

APPROPRIATIONS TO SECRETARY OF THE INTERIOR.—’’ after 

‘‘(c)’’; and 

(F) in subsection (D), by inserting ‘‘USE OF OTHER

CONSERVATION OR REHABILITATION AUTHORITIES.—’’ after 

‘‘(d)’’. 

(7) Section 201 (16 U.S.C. 670g) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND 

REHABILITATION PROGRAMS.’’; 

(B) by striking ‘‘SEC. 201.’’; 

(C) in subsection (a), by inserting ‘‘PROGRAMS

REQUIRED.—’’ after ‘‘(a)’’; and 

(D) in subsection (b), by inserting ‘‘IMPLEMENTATION

OF PROGRAMS.—’’ after ‘‘(b)’’. 

(8) Section 202 (16 U.S.C. 670h) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND 

REHABILITATION PROGRAMS.’’; 

(B) by striking ‘‘SEC. 202.’’; 

(C) in subsection (a), by inserting ‘‘DEVELOPMENT OF

PLANS.—’’ after ‘‘(a)’’; 

(D) in subsection (b), by inserting ‘‘CONSISTENCY WITH

OVERALL LAND USE AND MANAGEMENT PLANS; HUNTING, 

TRAPPING, AND FISHING.—’’ after ‘‘(b)’’; 

(E) in subsection (c), by inserting ‘‘COOPERATIVE

AGREEMENTS BY STATE AGENCIES FOR IMPLEMENTATION OF

PROGRAMS.—’’ after ‘‘(c)’’; and 

(F) in subsection (d), by inserting ‘‘STATE AGENCY

AGREEMENTS NOT COOPERATIVE AGREEMENTS UNDER

OTHER PROVISIONS.—’’ after ‘‘(d)’’. 

(9) Section 203 (16 U.S.C. 670i) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, 

TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO 

PROGRAMS.’’; 

(B) by striking ‘‘SEC. 203.’’; 

(C) in subsection (a), by inserting ‘‘AGREEMENTS TO

REQUIRE STAMPS.—’’ after ‘‘(a)’’; and 

(D) in subsection (b)— 

(i) by inserting ‘‘CONDITIONS FOR AGREEMENTS.— 

’’ after ‘‘(b)’’; and 

(ii) by moving paragraph (3) 2 ems to the right, 

so that the left-hand margin aligns with that of paragraph (2). 

(10) Section 204 (16 U.S.C. 670j) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 204. ENFORCEMENT PROVISIONS.’’; 

(B) by striking ‘‘SEC. 204.’’; 

(C) in subsection (a), by inserting ‘‘VIOLATIONS AND

PENALTIES.—’’ after ‘‘(a)’’; 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1355 

(D) in subsection (b), by inserting ‘‘ENFORCEMENT

POWERS AND PROCEEDINGS.—’’ after ‘‘(b)’’; and 

(E) in subsection (c), by inserting ‘‘SEIZURE AND FORFEITURE.—’’ after ‘‘(c)’’; and 

(F) in subsection (d), by inserting ‘‘APPLICABILITY OF

CUSTOMS LAWS.—’’ after ‘‘(d)’’. 

(11) Section 205 (16 U.S.C. 670k) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 205. DEFINITIONS.’’; and 

(B) by striking ‘‘SEC. 205.’’. 

(12) Section 206 (16 U.S.C. 670l) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST 

SERVICE AND BUREAU OF LAND MANAGEMENT LANDS; 

AUTHORIZED FEES.’’; and 

(B) by striking ‘‘SEC. 206.’’. 

(13) Section 207 (16 U.S.C. 670m) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING INDIAN RIGHTS.’’; and 

(B) by striking ‘‘SEC. 207.’’. 

(14) Section 209 (16 U.S.C. 670o) is amended— 

(A) by inserting at the beginning the following: 

‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’’; 

(B) by striking ‘‘SEC. 209.’’; 

(C) in subsection (a), by inserting ‘‘FUNCTIONS AND

RESPONSIBILITIES OF SECRETARY OF THE INTERIOR.—’’ after 

‘‘(a)’’; 

(D) in subsection (b), by inserting ‘‘FUNCTIONS AND

RESPONSIBILITIES OF SECRETARY OF AGRICULTURE.—’’ after 

‘‘(b)’’; 

(E) in subsection (c), by inserting ‘‘USE OF OTHER CON- SERVATION OR REHABILITATION AUTHORITIES.—’’ after ‘‘(c)’’; 

and 

(F) in subsection (d), by inserting ‘‘CONTRACT

AUTHORITY.—’’ after ‘‘(d)’’. 

(c) CODIFICATION OF CHANGE OF NAME.—Section 204(b) of such 

Act (16 U.S.C. 670j) is amended by striking ‘‘magistrate’’ both 

places it appears and inserting ‘‘magistrate judge’’. 

(d) REPEAL OF OBSOLETE SECTION.—Section 208 of such Act 

is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 208. 

SEC. 313. DISCHARGE OF WASTES AT SEA GENERATED BY SHIPS OF 

THE ARMED FORCES. 

(a) DISCHARGE RESTRICTIONS FOR SHIPS OF THE ARMED

FORCES.—Subsection (b) of section 3 of the Act to Prevent Pollution 

from Ships (33 U.S.C. 1902(b)) is amended to read as follows: 

‘‘(b)(1) Except as provided in paragraph (3), this Act shall 

not apply to— 

‘‘(A) a ship of the Armed Forces described in paragraph 

(2); or 

‘‘(B) any other ship specifically excluded by the MARPOL 

Protocol or the Antarctic Protocol. 

16 USC 670n. 


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125 STAT. 1356 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(2) A ship described in this paragraph is a ship that is owned 

or operated by the Secretary, with respect to the Coast Guard, 

or by the Secretary of a military department, and that, as determined by the Secretary concerned— 

‘‘(A) has unique military design, construction, manning, 

or operating requirements; and 

‘‘(B) cannot fully comply with the discharge requirements 

of Annex V to the Convention because compliance is not technologically feasible or would impair the operations or operational 

capability of the ship. 

‘‘(3)(A) Notwithstanding any provision of the MARPOL Protocol, 

the requirements of Annex V to the Convention shall apply to 

all ships referred to in subsection (a) other than those described 

in paragraph (2). 

‘‘(B) A ship that is described in paragraph (2) shall limit the 

discharge into the sea of garbage as follows: 

‘‘(i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets, plastic garbage bags, and 

incinerator ashes from plastic products that may contain toxic 

chemicals or heavy metals, or the residues thereof, is prohibited. 

‘‘(ii) Garbage consisting of the following material may be 

discharged into the sea, subject to subparagraph (C): 

‘‘(I) A non-floating slurry of seawater, paper, cardboard, 

or food waste that is capable of passing through a screen 

with openings no larger than 12 millimeters in diameter. 

‘‘(II) Metal and glass that have been shredded and 

bagged (in compliance with clause (i)) so as to ensure 

negative buoyancy. 

‘‘(III) With regard to a submersible, nonplastic garbage 

that has been compacted and weighted to ensure negative 

buoyancy. 

‘‘(IV) Ash from incinerators or other thermal destruction systems not containing toxic chemicals, heavy metals, 

or incompletely burned plastics. 

‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) may not 

be discharged within 3 nautical miles of land. 

‘‘(ii) Garbage described in subclauses (II), (III), and (IV) of 

subparagraph (B)(ii) may not be discharged within 12 nautical 

miles of land. 

‘‘(D) Notwithstanding subparagraph (C), a ship described in 

paragraph (2) that is not equipped with garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) 

may discharge garbage that has not been processed in accordance 

with subparagraph (B)(ii) if such discharge occurs as far as practicable from the nearest land, but in any case not less than— 

‘‘(i) 12 nautical miles from the nearest land, in the case 

of food wastes and non-floating garbage, including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; 

and 

‘‘(ii) 25 nautical miles from the nearest land, in the case 

of all other garbage. 

‘‘(E) This paragraph shall not apply when discharge of any 

garbage is necessary for the purpose of securing the safety of 

the ship, the health of the ship’s personnel, or saving life at sea. 

In the event that there is such a discharge, the discharge shall 

be reported to the Secretary, with respect to the Coast Guard, 

or the Secretary concerned. 

Reports. 

Applicability. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1357 

‘‘(F) This paragraph shall not apply during time of war or 

a national emergency declared by the President or Congress.’’. 

(b) CONFORMING AMENDMENTS.—Section 3(f) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) is amended— 

(1) in paragraph (1), by striking ‘‘Annex V to the Convention 

on or before the dates referred to in subsections (b)(2)(A) and 

(c)(1)’’ and inserting ‘‘subsection (b)’’; and 

(2) in paragraph (2), by inserting ‘‘and subsection (b)(3)(B)(i) 

of this section’’ after ‘‘Annex V to the Convention’’. 

SEC. 314. MODIFICATION TO THE RESPONSIBILITIES OF THE ASSISTANT SECRETARY OF DEFENSE FOR OPERATIONAL ENERGY, 

PLANS, AND PROGRAMS. 

(a) MODIFICATION OF RESPONSIBILITIES.—Section 138(c) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(3) The Assistant Secretary, in consultation with the heads 

of the military departments and the Assistant Secretary of Defense 

for Research and Engineering, shall— 

‘‘(A) lead the alternative fuel activities of the Department 

of Defense and oversee the investments of the Department 

in such activities; 

‘‘(B) make recommendations to the Secretary regarding 

the development of alternative fuels by the military departments and the Office of the Secretary of Defense; 

‘‘(C) establish guidelines and prescribe policy to streamline 

the investments in alternative fuel activities across the Department of Defense; 

‘‘(D) encourage collaboration with and leveraging of investments made by the Department of Energy, the Department 

of Agriculture, and other relevant Federal agencies to advance 

alternative fuel development to the benefit of the Department 

of Defense; and 

‘‘(E) certify the budget associated with the investment of 

the Department of Defense in alternative fuel activities in 

accordance with subsection (e)(4).’’. 

(b) REPORTING REQUIREMENT.—Section 2925(b)(2) of title 10, 

United States Code, is amended— 

(1) by redesignating subparagraph (E) as subparagraph 

(F); and 

(2) by inserting after subparagraph (D) the following new 

subparagraph (E): 

‘‘(E) A description of the alternative fuel initiatives of the 

Department of Defense, including funding and expenditures 

by account and activity for the preceding fiscal year, including 

funding made available in regular defense appropriations Acts 

and any supplemental appropriation Acts.’’. 

SEC. 315. ENERGY-EFFICIENT TECHNOLOGIES IN CONTRACTS FOR 

LOGISTICS SUPPORT OF CONTINGENCY OPERATIONS. 

(a) ENERGY PERFORMANCE MASTER PLAN.—The energy performance master plan for the Department of Defense developed under 

section 2911 of title 10, United States Code, shall specifically 

address the application of energy-efficient or energy reduction technologies or processes meeting the requirements of subsection (b) 

in logistics support contracts for contingency operations. In accordance with the requirements of such section, the plan shall include 

10 USC 2911 

note. 


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125 STAT. 1358 PUBLIC LAW 112–81—DEC. 31, 2011 

goals, metrics, and incentives for achieving energy efficiency in 

such contracts. 

(b) REQUIREMENTS FOR ENERGY TECHNOLOGIES AND PROCESSES.—Energy-efficient and energy reduction technologies or processes described in subsection (a) are technologies or processes that 

meet the following criteria: 

(1) The technology or process achieves long-term savings 

for the Government by reducing overall demand for fuel and 

other sources of energy in contingency operations. 

(2) The technology or process does not disrupt the mission, 

the logistics, or the core requirements in the contingency operation concerned. 

(3) The technology or process is able to integrate seamlessly 

into the existing infrastructure in the contingency operation 

concerned. 

(d) REGULATIONS AND GUIDANCE.—The Under Secretary of 

Defense for Acquisition, Technology, and Logistics shall issue such 

regulations and guidance as may be needed to implement the 

requirements of this section and ensure that goals established 

pursuant to subsection (a) are met. Such regulations or guidance 

shall consider the lifecycle cost savings associated with the energy 

technology or process being offered by a vendor for defense logistics 

support and oblige the offeror to demonstrate the savings achieved 

over traditional technologies. 

(e) REPORT.—The annual report required by section 2925(b) 

of title 10, United States Code, shall include information on the 

progress in the implementation of this section, including savings 

achieved by the Department resulting from such implementation. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘defense logistics support contract’’ means 

a contract for services, or a task order under such a contract, 

awarded by the Department of Defense to provide logistics 

support during times of military mobilizations, including contingency operations, in any amount greater than the simplified 

acquisition threshold. 

(2) The term ‘‘contingency operation’’ has the meaning provided in section 101(a)(13) of title 10, United States Code. 

SEC. 316. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE 

IS DISPOSED OF IN OPEN-AIR BURN PITS. 

Section 317 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 2250; 10 U.S.C. 2701 

note) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) HEALTH ASSESSMENT REPORTS.—Not later than 180 days 

after notice is due under subsection (a)(2), the Secretary shall 

submit to the Committees on Armed Services of the Senate and 

House of Representatives a health assessment report on each openair burn pit at a location where at least 100 personnel have been 

employed for 90 consecutive days or more. Each such report shall 

include each of the following: 

‘‘(1) An epidemiological description of the short-term and 

long-term health risks posed to personnel in the area where 

the burn pit is located because of exposure to the open-air 

burn pit. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1359 

‘‘(2) A copy of the methodology used to determine the health 

risks described in paragraph (1). 

‘‘(3) A copy of the assessment of the operational risks 

and health risks when making the determination pursuant 

to subsection (a) that no alternative disposal method is feasible 

for the open-air burn pit.’’. 

SEC. 317. STREAMLINED ANNUAL REPORT ON DEFENSE ENVIRONMENTAL PROGRAMS. 

(a) IN GENERAL.—Chapter 160 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2711. Annual report on defense environmental programs 

‘‘(a) REPORT REQUIRED.—The Secretary of Defense shall submit 

to Congress each year, not later than 45 days after the date on 

which the President submits to Congress the budget for a fiscal 

year, a report on defense environmental programs. Each report 

shall include: 

‘‘(1) With respect to environmental restoration activities 

of the Department of Defense, and for each of the military 

departments, the following elements: 

‘‘(A) Information on the Environmental Restoration 

Program, including the following: 

‘‘(i) The total number of sites in the Environmental 

Restoration Program. 

‘‘(ii) The number of sites in the Environmental 

Restoration Program that have reached the Remedy 

in Place Stage and the Response Complete Stage, and 

the change in such numbers in the preceding fiscal 

year. 

‘‘(iii) A statement of the amount of funds allocated 

by the Secretary for, and the anticipated progress in 

implementing, the Environmental Restoration Program 

during the fiscal year for which the budget is submitted. 

‘‘(iv) The Secretary’s assessment of the overall 

progress of the Environmental Restoration Program. 

‘‘(B) Information on the Military Munitions Restoration 

Program (MMRP), including the following: 

‘‘(i) The total number of sites in the MMRP. 

‘‘(ii) The number of sites that have reached the 

Remedy in Place Stage and the Response Complete 

Stage, and the change in such numbers in the preceding fiscal year. 

‘‘(iii) A statement of the amount of funds allocated 

by the Secretary for, and the anticipated progress in 

implementing, the MMRP during the fiscal year for 

which the budget is submitted. 

‘‘(iv) The Secretary’s assessment of the overall 

progress of the MMRP. 

‘‘(2) With respect to each of the major activities under 

the environmental quality program of the Department of 

Defense and for each of the military departments— 

‘‘(A) a statement of the amount expended, or proposed 

to be expended, during the period consisting of the four 

fiscal years preceding the fiscal year in which the report 

is submitted, the current fiscal year, the fiscal year for 

10 USC 2711. 


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125 STAT. 1360 PUBLIC LAW 112–81—DEC. 31, 2011 

which the budget is submitted, and the fiscal year following 

the fiscal year for which the budget is submitted; and 

‘‘(B) an explanation for any significant change in such 

amounts during the period covered. 

‘‘(3) With respect to the environmental technology program 

of the Department of Defense— 

‘‘(A) a report on the progress made in achieving the 

objectives and goals of its environmental technology program during the preceding fiscal year and an overall trend 

analysis for the program covering the previous four fiscal 

years; and 

‘‘(B) a statement of the amount expended, or proposed 

to be expended, during the period consisting of the four 

fiscal years preceding the fiscal year in which the report 

is submitted, the fiscal year for which the budget is submitted, and the fiscal year following the fiscal year for 

which the budget is submitted. 

‘‘(b) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘environmental quality program’ means a 

program of activities relating to environmental compliance, conservation, pollution prevention, and other activities relating 

to environmental quality as the Secretary may designate; and 

‘‘(2) the term ‘major activities’ with respect to an environmental program means— 

‘‘(A) environmental compliance activities; 

‘‘(B) conservation activities; and 

‘‘(C) pollution prevention activities.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2710 the following new item: 

‘‘2711. Annual report on defense environmental programs.’’. 

SEC. 318. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 

STIPULATED PENALTIES IN CONNECTION WITH JACKSON 

PARK HOUSING COMPLEX, WASHINGTON. 

(a) AUTHORITY TO TRANSFER FUNDS.— 

(1) TRANSFER AMOUNT.—Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United 

States Code, the Secretary of the Navy may transfer not more 

than $45,000 to the Hazardous Substance Superfund Jackson 

Park Housing Complex, Washington, special account. 

(2) PURPOSE OF TRANSFER.—The payment under paragraph 

(1) is to pay a stipulated penalty assessed by the Environmental 

Protection Agency on October 7, 2009, against the Jackson 

Park Housing Complex, Washington, for the failure by the 

Navy to submit a draft Final Remedial Investigation/Feasibility 

Study for the Jackson Park Housing Complex Operable Unit 

(OU–3T–JPHC) in accordance with the requirements of the 

Interagency Agreement (Administrative Docket No. CERCLA– 

10–2005–0023). 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301 for operation and maintenance for Environmental Restoration, 

Navy. 

(c) USE OF FUNDS.—The amount transferred under subsection 

(a) shall be used by the Environmental Protection Agency to pay 

the penalty described under paragraph (2) of such subsection. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1361 

SEC. 319. REQUIREMENTS RELATING TO AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY INVESTIGATION OF 

EXPOSURE TO DRINKING WATER CONTAMINATION AT 

CAMP LEJEUNE, NORTH CAROLINA. 

(a) LIMITATION ON USE OF FUNDS.—None of the funds authorized to be appropriated by this Act may be used to make a final 

decision on or final adjudication of any claim filed regarding water 

contamination at Marine Corps Base Camp Lejeune unless the 

Agency for Toxic Substances and Disease Registry completes all 

epidemiological and water modeling studies relevant to such 

contamination that are ongoing as of June 1, 2011, and certifies 

the completion of all such studies in writing to the Committees 

on Armed Services for the Senate and the House of Representatives. 

This provision does not prevent the use of funds for routine administrative tasks required to maintain such claims nor does it prohibit 

the use of funds for matters pending in Federal court. 

(b) RESOLUTION OF CERTAIN DISPUTES.—The Secretary of the 

Navy shall make every effort to resolve any dispute arising between 

the Department of the Navy and the Agency for Toxic Substances 

and Disease Registry that is covered by the Interagency Agreement 

between the Department of Health and Human Services Agency 

for Toxic Substances and Disease Registry and the Department 

of the Navy or any successor memorandum of understanding and 

signed agreements not later than 60 days after the date on which 

the dispute first arises. In the event the Secretary is unable to 

resolve such a dispute within 60 days, the Secretary shall submit 

to the congressional defense committees a report on the reasons 

why an agreement has not yet been reached, the actions that 

the Secretary plans to take to reach agreement, and the schedule 

for taking such actions. 

(c) COORDINATION PRIOR TO RELEASING INFORMATION TO THE

PUBLIC.—The Secretary of the Navy shall make every effort to 

coordinate with the Agency for Toxic Substances and Disease Registry on all issues pertaining to water contamination at Marine 

Corps Base Camp Lejeune, and other exposed pathways before 

releasing anything to the public. 

SEC. 320. FIRE SUPPRESSION AGENTS. 

Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is 

amended— 

(1) in paragraph (2), by striking ‘‘or’’ at the end; 

(2) in paragraph (3), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(4) is listed as acceptable for use as a fire suppression 

agent for nonresidential applications in accordance with section 

612(c).’’. 

Subtitle C—Logistics and Sustainment 

SEC. 321. DEFINITION OF DEPOT-LEVEL MAINTENANCE AND REPAIR. 

Section 2460 of title 10, United States Code, is amended to 

read as follows: 

Reports. 

Deadline. 

Certification. 


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125 STAT. 1362 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘§ 2460. Definition of depot-level maintenance and repair 

‘‘In this chapter, the term ‘‘depot-level maintenance and 

repair’’— 

‘‘(1) means any action performed on materiel or software 

in the conduct of inspection, repair, overhaul, or the modification or rebuild of end-items, assemblies, subassemblies, and 

parts, that— 

‘‘(A) requires extensive industrial facilities, specialized 

tools and equipment, or uniquely experienced and trained 

personnel that are not available in lower echelon-level 

maintenance activities; and 

‘‘(B) is a function and, as such, is independent of any 

location or funding source and may be performed in the 

public or private sectors (including the performance of 

interim contract support or contract logistic support 

arrangements); and 

‘‘(2) includes— 

‘‘(A) the fabrication of parts, testing, and reclamation, 

as necessary; 

‘‘(B) the repair, adaptive modifications or upgrades, 

change events made to operational software, integration 

and testing; and 

‘‘(C) in the case of either hardware or software modifications or upgrades, the labor associated with the application of the modification.’’. 

SEC. 322. DESIGNATION OF MILITARY ARSENAL FACILITIES AS CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE. 

Section 2474(a)(1) of title 10, United States Code, is amended 

by inserting ‘‘or military arsenal facility’’ after ‘‘depot-level activity’’. 

SEC. 323. PERMANENT AND EXPANDED AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENTER INTO CERTAIN COOPERATIVE 

ARRANGEMENTS WITH NON-ARMY ENTITIES. 

(a) IN GENERAL.—Section 4544 of title 10, United States Code, 

is amended— 

(1) in subsection (a), by striking the second sentence; and 

(2) by striking subsection (k). 

(b) REPORT.—Section 328(b)(A) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 66; 10 U.S.C. 4544 note) is amended by striking ‘‘the advisability’’ and all that follows through the end and inserting ‘‘the 

effect of the use of such authority on the rates charged by each 

Army industrial facility when bidding on contracts for the Army 

or for a Defense agency and providing recommendations to improve 

the ability of each category of Army industrial facility (as defined 

in section 4544(j) of title 10, United States Code) to compete for 

such contracts;’’. 

SEC. 324. IMPLEMENTATION OF CORRECTIVE ACTIONS RESULTING 

FROM CORROSION STUDY OF THE F–22 AND F–35 AIRCRAFT. 

(a) IMPLEMENTATION; CONGRESSIONAL BRIEFING.—Not later 

than January 31, 2012, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall implement the recommended 

actions described in subsection (b) and provide to the congressional 

Deadline. 

10 USC 2228 

note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1363 

defense committees a briefing on the actions taken by the Under 

Secretary to implement such recommended actions. 

(b) RECOMMENDED ACTIONS.—The recommended actions 

described in this subsection are the following four recommended 

actions included in the report of the Government Accountability 

Office report numbered GAO–11–117R and titled ‘‘Defense Management: DOD Needs to Monitor and Assess Corrective Actions 

Resulting from Its Corrosion Study of the F–35 Joint Strike 

Fighter’’: 

(1) The documentation of program-specific recommendations made as a result of the corrosion study described in 

subsection (d) with regard to the F–35 and F–22 aircraft and 

the establishment of a process for monitoring and assessing 

the effectiveness of the corrective actions taken with respect 

to such aircraft in response to such recommendations. 

(2) The documentation of program-specific recommendations made as a result of such corrosion study with regard 

to the other weapon systems identified in the study, specifically 

the CH–53K helicopter, the Joint High Speed Vessel, the Broad 

Area Maritime Surveillance Unmanned Aircraft System, and 

the Joint Light Tactical Vehicle, and the establishment of a 

process for monitoring and assessing the effectiveness of the 

corrosion prevention and control programs implemented for 

such weapons systems in response to such recommendations. 

(3) The documentation of Air Force-specific and Navy-specific recommendations made as a result of such corrosion study 

and the establishment of a process for monitoring and assessing 

the effectiveness of the corrective actions taken by the Air 

Force and the Navy in response to such recommendations. 

(4) The documentation of Department of Defense-wide recommendations made as a result of such corrosion study, the 

implementation of any needed changes in policies and practices 

to improve corrosion prevention and control in new systems 

acquired by the Department, and the establishment of a process 

for monitoring and assessing the effectiveness of the corrective 

actions taken by the Department in response to such recommendations. 

(c) DEADLINE FOR COMPLIANCE.—Not later than December 31, 

2012, the Under Secretary of Defense for Acquisition, Technology, 

and Logistics, in conjunction with the directors of the F–35 and 

F–22 program offices, the directors of the program offices for the 

weapons systems referred to in subsection (b)(2), the Secretary 

of the Army, the Secretary of the Air Force, and the Secretary 

of the Navy, shall— 

(1) take whatever steps necessary to comply with the recommendations documented pursuant to the required 

implementation under subsection (a) of the recommended 

actions described in subsection (b); or 

(2) submit to the congressional defense committees written 

justification of why compliance was not feasible or achieved. 

(d) CORROSION STUDY.—The corrosion study described in this 

subsection is the study required in House Report 111–166 accompanying H.R. 2647 of the 111th Congress conducted by the Office 

of the Director of Corrosion Policy and Oversight of the Office 

of the Secretary of Defense and titled ‘‘Corrosion Evaluation of 

the F–22 Raptor and F–35 Lightning II Joint Strike Fighter’’. 

Submission. 


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125 STAT. 1364 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 325. MODIFICATION OF REQUIREMENTS RELATING TO MINIMUM 

CAPITAL INVESTMENT FOR CERTAIN DEPOTS. 

Section 2476 of title 10, United States Code, is amended— 

(1) in subsection (a), by inserting ‘‘maintenance, repair, 

and overhaul’’ after ‘‘combined’’; 

(2) in subsection (b)— 

(A) by striking ‘‘includes investment funds spent on 

depot infrastructure, equipment, and process improvement 

in direct support’’ and inserting ‘‘includes investment funds 

spent to modernize or improve the efficiency of depot facilities, equipment, work environment, or processes in direct 

support’’; and 

(B) by inserting before the period at the end the following: ‘‘, but does not include funds spent for sustainment 

of existing facilities, infrastructure, or equipment’’. 

(3) in subsection (d), by adding at the end the following 

new subparagraph: 

‘‘(E) A table showing the funded workload performed by 

each covered depot for the preceding three fiscal years and 

actual investment funds allocated to each depot for the period 

covered by the report.’’; and 

(4) in subsection (e)(1), by adding at the end the following 

new subparagraph: 

‘‘(I) Tooele Army Depot, Utah.’’. 

SEC. 326. REPORTS ON DEPOT-RELATED ACTIVITIES. 

(a) REPORT ON DEPOT-LEVEL MAINTENANCE AND RECAPITALIZATION OF CERTAIN PARTS AND EQUIPMENT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense in consultation with the military departments, shall submit to the 

congressional defense committees a report on the status of 

the Drawdown, Retrograde, and Reset Program for the equipment used in support of Operations New Dawn and Enduring 

Freedom and the status of the overall supply chain management 

for depot-level activities. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) An assessment of the number of backlogged parts 

for critical warfighter needs, an explanation of why those 

parts became backlogged, and an estimate of when the 

backlog is likely to be fully addressed. 

(B) A review of critical warfighter requirements that 

are being impacted by a lack of supplies and parts and 

an explanation of steps that the Secretary plans to take 

to meet the demand requirements of the military departments. 

(C) An assessment of the feasibility and advisability 

of working with outside commercial partners and Department of Defense arsenals to utilize flexible and efficient 

turn-key rapid production systems to meet rapidly 

emerging warfighter requirements. 

(D) A review of plans to further consolidate the 

ordering and stocking of parts and supplies from the military departments at depots under the control of the Defense 

Logistics Agency. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1365 

(3) FLEXIBLE AND EFFICIENT TURN-KEY RAPID PRODUCTION

SYSTEMS DEFINED.—For the purposes of this subsection, flexible 

and efficient turn-key rapid production systems are systems 

that have demonstrated the capability to reduce the costs of 

parts, improve manufacturing efficiency, and have the following 

unique features: 

(A) VIRTUAL AND FLEXIBLE.—Systems that provide for 

flexibility to rapidly respond to requests for low-volume 

or high-volume machined parts and surge demand by 

accessing the full capacity of small- and medium-sized 

manufacturing communities in the United States. 

(B) SPEED TO MARKET.—Systems that provide for flexibility that allows rapid introduction of subassemblies for 

new parts and weapons systems to the warfighter. 

(C) RISK MANAGEMENT.—Systems that provide for the 

electronic archiving and updating of turn-key rapid production packages to provide insurance to the Department of 

Defense that parts will be available if there is a supply 

chain disruption. 

(b) REPORT ON THE ALIGNMENT, ORGANIZATIONAL REPORTING, 

MILITARY COMMAND STRUCTURE, AND PERFORMANCE RATING OF AIR

FORCE SYSTEM PROGRAM MANAGERS, SUSTAINMENT PROGRAM MANAGERS, AND PRODUCT SUPPORT MANAGERS AT AIR LOGISTICS CENTERS OR AIR LOGISTICS COMPLEXES.— 

(1) REPORT REQUIRED.—The Secretary of the Air Force 

shall enter into an agreement with a federally funded research 

and development center to submit to the congressional defense 

committees, not later than 180 days after the date of the 

enactment of this Act, a report on the alignment, organizational 

reporting, military command structure, and performance rating 

of Air Force system program managers, sustainment program 

managers, and product support managers at Air Logistics Centers or Air Logistics Complexes. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following elements: 

(A) Consideration of the proposed reorganization of 

Air Force Materiel Command announced on November 2, 

2011. 

(B) An assessment of how various alternatives for 

aligning the managers described in subsection (a) within 

Air Force Materiel Command would likely support and 

impact life cycle management, weapon system sustainment, 

and overall support to the warfighter. 

(C) With respect to the alignment of the managers 

described in subsection (A), an examination of how the 

Air Force should be organized to best conduct life cycle 

management and weapon system sustainment, with any 

analysis of cost and savings factors subject to the consideration of overall readiness. 

(D) Recommended alternatives for meeting these objectives. 

(3) COOPERATION OF SECRETARY OF AIR FORCE.—The Secretary of the Air Force shall provide any necessary information 

and background materials necessary for completion of the report 

required under paragraph (1). 

Contracts. 


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125 STAT. 1366 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 327. CORE DEPOT-LEVEL MAINTENANCE AND REPAIR CAPABILITIES. 

(a) IN GENERAL.—Section 2464 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 2464. Core depot-level maintenance and repair capabilities 

‘‘(a) NECESSITY FOR CORE DEPOT-LEVEL MAINTENANCE AND

REPAIR CAPABILITIES.—(1) It is essential for national security that 

the Department of Defense maintain a core depot-level maintenance 

and repair capability, as defined by this title, in support of missionessential weapon systems or items of military equipment needed 

to directly support combatant command operational requirements 

and enable the armed forces to execute the strategic, contingency, 

and emergency plans prepared by the Department of Defense, as 

required under section 153(a) of this title. 

‘‘(2) This core depot-level maintenance and repair capability 

shall be Government-owned and Government-operated, including 

the use of Government personnel and Government-owned and 

Government-operated equipment and facilities, throughout the 

lifecycle of the weapon system or item of military equipment 

involved to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely 

response to a mobilization, national defense contingency situations, 

and other emergency requirements. 

‘‘(3)(A) Except as provided in subsection (c), the Secretary of 

Defense shall identify and establish the core depot-level maintenance and repair capabilities and capacity required in paragraph 

(1). 

‘‘(B) Core depot-level maintenance and repair capabilities and 

capacity, including the facilities, equipment, associated logistics 

capabilities, technical data, and trained personnel, shall be established not later than four years after a weapon system or item 

of military equipment achieves initial operational capability or is 

fielded in support of operations. 

‘‘(4) The Secretary of Defense shall assign Government-owned 

and Government-operated depot-level maintenance and repair facilities of the Department of Defense sufficient workload to ensure 

cost efficiency and technical competence in peacetime, while preserving the ability to provide an effective and timely response 

to a mobilization, national defense contingency situations, and other 

emergency requirements. 

‘‘(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may 

waive the requirement in subsection (a)(3) if the Secretary determines that— 

‘‘(A) the weapon system or item of military equipment 

is not an enduring element of the national defense strategy; 

‘‘(B) in the case of nuclear aircraft carrier refueling, fulfilling the requirement is not economically feasible; or 

‘‘(C) it is in the best interest of national security. 

‘‘(2) The Secretary of a military department may waive the 

requirement in subsection (a)(3) for special access programs if such 

a waiver is determined to be in the best interest of the United 

States. 

‘‘(3) The determination to waive requirements in accordance 

with paragraph (1) or (2) shall be documented and notification 

submitted to Congress with justification for the waiver within 30 

days of issuance. 

Notification. 

Deadline. 

Determinations. 

Deadline. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1367 

‘‘(c) APPLICABILITY TO COMMERCIAL ITEMS.—(1) The requirement in subsection (a)(3) shall not apply to items determined to 

be commercial items. 

‘‘(2) The first time a weapon system or other item of military 

equipment described in subsection (a) is determined to be a commercial item for the purposes of the exception under subsection (c), 

the Secretary of Defense shall submit to Congress a notification 

of the determination, together with the justification for the determination. The justification for the determination shall include, at 

a minimum, the following: 

‘‘(A) The estimated percentage of commonality of parts 

of the version of the item that is sold or leased in the commercial marketplace and the version of the item to be purchased 

by the Department of Defense. 

‘‘(B) The value of any unique support and test equipment 

and tools needed to support the military requirements if the 

item were maintained by the Department of Defense. 

‘‘(C) A comparison of the estimated life-cycle depot-level 

maintenance and repair support costs that would be incurred 

by the Government if the item were maintained by the private 

sector with the estimated life-cycle depot-level maintenance 

support costs that would be incurred by the Government if 

the item were maintained by the Department of Defense. 

‘‘(3) In this subsection, the term ‘commercial item’ means an 

end-item, assembly, subassembly, or part sold or leased in substantial quantities to the general public and purchased by the Department of Defense without modification in the same form that they 

are sold in the commercial marketplace, or with minor modifications 

to meet Federal Government requirements. 

‘‘(d) LIMITATION ON CONTRACTING.—(1) Except as provided in 

paragraph (2), performance of workload needed to maintain a core 

depot-level maintenance and repair capability identified by the Secretary under subsection (a)(3) may not be contracted for performance by non-Government personnel under the procedures and 

requirements of Office of Management and Budget Circular A76 or any successor administrative regulation or policy (hereinafter 

in this section referred to as ‘OMB Circular A-76’). 

‘‘(2) The Secretary of Defense may waive paragraph (1) in 

the case of any such depot-level maintenance and repair capability 

and provide that performance of the workload needed to maintain 

that capability shall be considered for conversion to contractor 

performance in accordance with OMB Circular A-76. Any such 

waiver shall be made under regulations prescribed by the Secretary 

and shall be based on a determination by the Secretary that Government performance of the workload is no longer required for national 

defense reasons. Such regulations shall include criteria for determining whether Government performance of any such workload 

is no longer required for national defense reasons. 

‘‘(3)(A) A waiver under paragraph (2) may not take effect until 

the expiration of the first period of 30 days of continuous session 

of Congress that begins on or after the date on which the Secretary 

submits a report on the waiver to the Committee on Armed Services 

and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations 

of the House of Representatives. 

‘‘(B) For the purposes of subparagraph (A)— 

Effective date. 

Time periods. 

Reports. 

Regulations. 

Determination. 

Criteria. 

Waiver authority. 

Definition. 

Notification. 

Determination. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1368 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(i) continuity of session is broken only by an adjournment 

of Congress sine die; and 

‘‘(ii) the days on which either House is not in session 

because of an adjournment of more than three days to a day 

certain are excluded in the computation of any period of time 

in which Congress is in continuous session. 

‘‘(e) BIENNIAL CORE REPORT.—Not later than April 1 on each 

even-numbered year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (except 

for the Coast Guard), for the subsequent fiscal year the following: 

‘‘(1) The core depot-level maintenance and repair capability 

requirements and sustaining workloads, organized by work 

breakdown structure, expressed in direct labor hours. 

‘‘(2) The corresponding workloads necessary to sustain core 

depot-level maintenance and repair capability requirements, 

expressed in direct labor hours and cost. 

‘‘(3) In any case where core depot-level maintenance and 

repair capability requirements exceed or are expected to exceed 

sustaining workloads, a detailed rationale for the shortfall and 

a plan either to correct, or mitigate, the effects of the shortfall. 

‘‘(f) ANNUAL CORE REPORT.— In 2013 and each year thereafter, 

not later than 60 days after the date on which the budget of 

the President for a fiscal year is submitted to Congress pursuant 

to section 1105 of title 31, the Secretary of Defense shall submit 

to Congress a report identifying, for each of the armed forces 

(other than the Coast Guard), for the fiscal year preceding the 

fiscal year during which the report is submitted, each of the following: 

‘‘(1) The core depot-level maintenance and repair capability 

requirements identified in subsection (a)(3). 

‘‘(2) The workload required to cost-effectively support such 

requirements. 

‘‘(3) To the maximum extent practicable, the additional 

workload beyond the workloads identified under subsection 

(a)(4) needed to ensure that not more than 50 percent of the 

non-exempt depot maintenance funding is expended for 

performance by non-Federal governmental personnel in accordance with section 2466 of this title. 

‘‘(4) The allocation of workload for each Center of Industrial 

and Technical Excellence as designated in accordance with 

section 2474 of this title. 

‘‘(5) The depot-level maintenance and repair capital investments required to be made in order to ensure compliance with 

subsection (a)(3) by not later than four years after achieving 

initial operational capacity. 

‘‘(6) The outcome of a reassessment of continuation of a 

waiver granted under subsection (b). 

‘‘(g) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

shall review each report required under subsections (e) and (f) 

for completeness and compliance and provide findings and recommendations to the congressional defense committees not later 

than 60 days after the report is submitted to Congress.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 146 of such title is amended by striking the item 

relating to section 2464 and inserting the following new item: 

‘‘2464. Core depot-level maintenance and repair capabilities.’’. 

Reports. 

Recommendations. 

Deadline. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1369 

Subtitle D—Readiness 

SEC. 331. MODIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY 

TO ACCEPT VOLUNTARY CONTRIBUTIONS OF FUNDS. 

The second sentence of subsection (g) of section 358 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 124 Stat. 4201; 49 U.S.C. 44718 note) 

is amended— 

(1) by striking ‘‘shall be available’’ and inserting ‘‘shall 

remain available until expended’’; and 

(2) by inserting before the period at the end the following: 

‘‘or to conduct studies of potential measures to mitigate such 

impacts’’. 

SEC. 332. REVIEW OF PROPOSED STRUCTURES AFFECTING NAVIGABLE 

AIRSPACE. 

Section 44718 of title 49, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(e) REVIEW OF AERONAUTICAL STUDIES.—The Administrator 

of the Federal Aviation Administration shall develop procedures 

to allow the Department of Defense and the Department of Homeland Security to review and comment on an aeronautical study 

conducted pursuant to subsection (b) prior to the completion of 

the study.’’. 

Subtitle E—Reports 

SEC. 341. ANNUAL CERTIFICATION AND MODIFICATIONS OF ANNUAL 

REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT. 

(a) ANNUAL CERTIFICATION.—Section 2229 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(d) ANNUAL CERTIFICATION.—(1) Not later than the date of 

the submission of the President’s budget request for a fiscal year 

under section 1105 of title 31, the Secretary of Defense shall submit 

to the congressional defense committees certification in writing 

that the prepositioned stocks of each of the military departments 

meet all operations plans, in both fill and readiness, that are 

in effect as of the date of the submission of the certification. 

‘‘(2) If, for any year, the Secretary cannot certify that any 

of the prepositioned stocks meet such operations plans, the Secretary shall include with the certification for that year a list of 

the operations plans affected, a description of any measures that 

have been taken to mitigate any risk associated with prepositioned 

stock shortfalls, and an anticipated timeframe for the replenishment 

of the stocks. 

‘‘(3) A certification under this subsection shall be in an unclassified form but may have a classified annex.’’. 

(b) ANNUAL REPORT.—Section 2229a(a) of title 10, United States 

Code, is amended by adding at the end the following new paragraphs: 

‘‘(7) A list of any non-standard items slated for inclusion 

in the prepositioned stocks and a plan for funding the inclusion 

and sustainment of such items. 

Plans. 

Lists. 

Lists. 

Procedures. 


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‘‘(8) A list of any equipment used in support of Operation 

Iraqi Freedom, Operation New Dawn, or Operation Enduring 

Freedom slated for retrograde and subsequent inclusion in the 

prepositioned stocks. 

‘‘(9) An efficiency strategy for limited shelf-life medical 

stock replacement. 

‘‘(10) The status of efforts to develop a joint strategy, 

integrate service requirements, and eliminate redundancies. 

‘‘(11) The operational planning assumptions used in the 

formulation of prepositioned stock levels and composition. 

‘‘(12) A list of any strategic plans affected by changes 

to the levels, composition, or locations of the prepositioned 

stocks and a description of any action taken to mitigate any 

risk that such changes may create.’’. 

SEC. 342. ADDITIONAL MATTERS FOR INCLUSION IN AND MODIFIED 

DEADLINE FOR THE ANNUAL REPORT ON OPERATIONAL 

ENERGY. 

Section 2925(b)(2) of title 10, United States Code, is amended— 

(1) by redesignating subparagraph (F), as redesignated by 

section 314, as subparagraph (G); and 

(2) by inserting after subparagraph (E), as added by such 

section, the following new subparagraph (F): 

‘‘(F) An evaluation of practices used in contingency operations during the previous fiscal year and potential improvements to such practices to reduce vulnerabilities associated 

with fuel convoys, including improvements in tent and structure 

efficiency, improvements in generator efficiency, and displacement of liquid fuels with on-site renewable energy generation. 

Such evaluation should identify challenges associated with the 

deployment of more efficient structures and equipment and 

renewable energy generation, and recommendations for overcoming such challenges.’’. 

SEC. 343. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE. 

(a) STUDY.— (1) IN GENERAL.—The Secretary of the Air Force shall 

conduct a study on the ability of the major air test and training 

range infrastructure, including major military operating area 

airspace and special use airspace, to support the full spectrum 

of Air Force operations. The Secretary shall incorporate the 

results of the study into a master plan for requirements and 

proposed investments to meet Air Force training and test needs 

through 2025. The study and the master plan shall be known 

as the ‘‘2025 Air Test and Training Range Enhancement Plan’’. 

(2) CONSULTATION.—The Secretary of the Air Force shall, 

in conducting the study required under paragraph (1), consult 

with the Secretaries of the other military departments to determine opportunities for joint use and training of the ranges, 

and to assess the requirements needed to support combined 

arms training on the ranges. The Secretary shall also consult 

with the Department of the Interior, the Department of Agriculture, the Federal Aviation Administration, the Federal 

Energy Regulation Commission, and the Department of Energy 

to assess the need for transfers of administrative control of 

certain parcels of airspace and land to the Department of 

Defense to protect the missions and control of the ranges. 

Determination. 

Assessment. 

Plans. 


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(3) CONTINUATION OF RANGE INFRASTRUCTURE IMPROVE- MENTS.—The Secretary of the Air Force may proceed with all 

ongoing and scheduled range infrastructure improvements 

while conducting the study required under paragraph (1). 

(b) REPORTS.— (1) IN GENERAL.—The Secretary of the Air Force shall 

submit to the congressional defense committees an interim 

report and a final report on the plan to meet the requirements 

under subsection (a) not later than one year and two years, 

respectively, after the date of the enactment of this Act. 

(2) CONTENT.—The plan submitted under paragraph (1) 

shall— 

(A) document the current condition and adequacy of 

the major Air Force test and training range infrastructure 

in the United States to meet test and training requirements; 

(B) identify potential areas of concern for maintaining 

the physical safety, security, and current operating environment of such infrastructure; 

(C) identify potential issues and threats related to 

the sustainability of the test and training infrastructure, 

including electromagnetic spectrum encroachment, overall 

bandwidth availability, and protection of classified information; 

(D) assess coordination among ranges and local, state, 

regional, and Federal entities involved in land use planning, and develop recommendations on how to improve 

communication and coordination of such entities; 

(E) propose remedies and actions to manage economic 

development on private lands on or surrounding the test 

and training infrastructure to preserve current capabilities; 

(F) identify critical parcels of land not currently under 

the control of the Air Force for acquisition of deed or 

restrictive easements in order to protect current operations, 

access and egress corridors, and range boundaries, or to 

expand the capability of the air test and training ranges; 

(G) identify which parcels identified pursuant to 

subparagraph (F) could, through the acquisition of conservation easements, serve military interests while also 

preserving recreational access to public and private lands, 

protecting wildlife habitat, or preserving opportunities for 

energy development and energy transmission; 

(H) prioritize improvements and modernization of the 

facilities, equipment, and technology supporting the infrastructure in order to provide a test and training environment that accurately simulates and or portrays the full 

spectrum of threats and targets of likely United States 

adversaries in 2025; 

(I) incorporate emerging requirements generated by 

requirements for virtual training and new weapon systems, 

including the F–22, the F–35, space and cyber systems, 

and Remotely Piloted Aircraft; 

(J) assess the value of State and local legislative initiatives to protect Air Force test and training range infrastructure; 

(K) identify parcels with no value to future military 

operations; 

Plans. 


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(L) propose a list of prioritized projects, easements, 

acquisitions, or other actions, including estimated costs 

required to upgrade the test and training range infrastructure, taking into consideration the criteria set forth in 

this paragraph; and 

(M) explore opportunities to increase foreign military 

training with United States allies at test and training 

ranges in the continental United States. 

(3) FORM.—Each report required under this subsection shall 

be submitted in unclassified form, but may include a classified 

annex as necessary. 

(4) RULE OF CONSTRUCTION.—The reports submitted under 

this section shall not be construed as meeting the requirements 

of section 2815(d) of the Military Construction Authorization 

Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 852). 

SEC. 344. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL 

OPERATIONS FORCES. 

(a) STUDY.— 

(1) IN GENERAL.—The Commander of the United States 

Special Operations Command shall conduct a study on the 

ability of existing training ranges used by special operations 

forces, including military operating area airspace and special 

use airspace, to support the full spectrum of missions and 

operations assigned to special operations forces. 

(2) CONSULTATION.—The Commander shall, in conducting 

the study required under paragraph (1), consult with the Secretaries of the military departments, the Office of the Secretary 

of Defense, and the Joint Staff on— 

(A) procedures and priorities for joint use and training 

on ranges operated by the military services, and to assess 

the requirements needed to support combined arms 

training on the ranges; and 

(B) requirements and proposed investments to meet 

special operations training requirements through 2025. 

(b) REPORTS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Commander shall submit 

to the congressional defense committees a report on the plan 

to meet the requirements under subsection (a). 

(2) CONTENT.—The study submitted under paragraph (1) 

shall— 

(A) assess the current condition and adequacy of, and 

access to, all existing training ranges in the United States 

used by special operations forces; 

(B) identify potential areas of concern for maintaining 

the physical safety, security, and current operating environment of ranges used by special operations forces; 

(C) identify issues and challenges related to the availability and sustainability of the existing training ranges 

used by special operations forces, including support of a 

full spectrum of operations and protection of classified missions and tactics; 

(D) assess coordination among ranges and local, State, 

regional, and Federal entities involved in land use planning 

and the protection of ranges from encroachment; 


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(E) propose remedies and actions to ensure consistent 

and prioritized access to existing ranges; 

(F) prioritize improvements and modernization of the 

facilities, equipment, and technology supporting the ranges 

in order to adequately simulate the full spectrum of threats 

and contingencies for special operations forces; and 

(G) propose a list of prioritized projects, easements, 

acquisitions, or other actions, including estimated costs 

required to upgrade training range infrastructure. 

(3) FORM.—Each report required under this subsection shall 

be submitted in unclassified form, but may include a classified 

annex as necessary. 

SEC. 345. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE 

AND EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS 

TO ACHIEVE COST SAVINGS. 

Not later than 270 days after the date of the enactment of 

this Act, the Secretary of Defense shall conduct a survey of the 

quantity and condition of each class of non-tactical wheeled vehicles 

and base-level commercial equipment in the fleets of the military 

departments and report to the congressional defense committees 

on the advisability of establishing service life extension programs 

for such classes of vehicles. 

SEC. 346. STUDY ON UNITED STATES FORCE POSTURE IN THE UNITED 

STATES PACIFIC COMMAND AREA OF RESPONSIBILITY. 

(a) INDEPENDENT ASSESSMENT.— (1) IN GENERAL.—The Secretary of Defense, in consultation 

with the Chairmen and Ranking Members of the Committees 

on Armed Services of the Senate and the House of Representatives, shall commission an independent assessment of United 

States security interests in the United States Pacific Command 

area of responsibility. The assessment shall be conducted by 

an independent, non-governmental institute which is described 

in section 501(c)(3) of the Internal Revenue Code of 1986 and 

exempt from tax under section 501(a) of such Code, and has 

recognized credentials and expertise in national security and 

military affairs with ready access to policy experts throughout 

the country and from the region. 

(2) ELEMENTS.—The assessment conducted pursuant to 

paragraph (1) shall include the following elements: 

(A) A review of current and emerging United States 

national security interests in the United States Pacific 

Command area of responsibility. 

(B) A review of current United States military force 

posture and deployment plans of the United States Pacific 

Command. 

(C) Options for the realignment of United States forces 

in the region to respond to new opportunities presented 

by allies and partners. 

(D) The views of noted policy leaders and regional 

experts, including military commanders in the region. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the designated private entity shall provide 

an unclassified report, with a classified annex, containing its 

findings to the Secretary of Defense. Not later than 90 days after 

the date of receipt of the report, the Secretary of Defense shall 

transmit the report to the congressional defense committees, 

Deadline. 

Survey. 

Reports. 


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together with such comments on the report as the Secretary considers appropriate. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts 

authorized to be appropriated under section 301 for operation and 

maintenance for Defense-wide activities, up to $1,000,000, shall 

be made available for the completion of the study required under 

this section. 

SEC. 347. STUDY ON OVERSEAS BASING PRESENCE OF UNITED STATES 

FORCES. 

(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall 

commission an independent assessment of the overseas basing presence of United States forces. 

(b) CONDUCT OF ASSESSMENT.—The assessment required by 

subsection (a) may, at the election of the Secretary, be conducted 

by— 

(1) a Federally-funded research and development center 

(FFRDC); or 

(2) an independent, non-governmental institute which is 

described in section 501(c)(3) of the Internal Revenue Code 

of 1986 and exempt from tax under section 501(a) of such 

Code, and has recognized credentials and expertise in national 

security and military affairs appropriate for the assessment. 

(c) ELEMENTS.—The assessment required by subsection (a) 

should include, but not be limited to, the following: 

(1) An assessment of the location and number of United 

States forces required to be forward based outside the United 

States in order to meet the National Military Strategy, 2010, 

the quadrennial defense review, and the engagement strategies 

and operational plans of the combatant commands. 

(2) An assessment of— 

(A) the current condition and capacity of the available 

military facilities and training ranges of the United States 

overseas for all permanent stations and deployed locations, 

including land and improvements at such facilities and 

ranges and the availability of additional land, if required, 

for such facilities and ranges; and 

(B) the cost of maintaining such infrastructure. 

(3) A determination of the amounts received by the United 

States, whether in direct payments, in-kind contributions, or 

otherwise, from foreign countries by reason of military facilities 

of the United States overseas. 

(4) A determination of the amounts paid by the United 

States in direct payments to foreign countries for the use of 

facilities, ranges, and lands. 

(5) An assessment of the advisability of the retention, closure, or realignment of military facilities of the United States 

overseas, or of the establishment of new military facilities of 

the United States overseas, in light of potential fiscal constraints on the Department of Defense and emerging national 

security requirements in coming years. 

(d) REPORT.—Not later than one year after the date of the 

enactment of this Act, the entity selected for the conduct of the 

assessment required by subsection (a) shall provide to the Secretary 

an unclassified report, with a classified annex (if appropriate), 

containing its findings as a result of the assessment. Not later 

than 90 days after the date of receipt of the report, the Secretary 


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shall transmit the report to the congressional defense committees, 

together with such comments on the report as the Secretary considers appropriate. 

(e) FUNDING.—Of the amounts authorized to be appropriated 

by section 301 and available for operation and maintenance for 

Defense-wide activities as specified in the funding table in section 

4301, up to $2,000,000 shall be made available for the completion 

of the assessment required by subsection (a). 

SEC. 348. INCLUSION OF ASSESSMENT OF JOINT MILITARY TRAINING 

AND FORCE ALLOCATIONS IN QUADRENNIAL DEFENSE 

REVIEW AND NATIONAL MILITARY STRATEGY. 

The assessments of the National Military Strategy conducted 

by the Chairman of the Joint Chiefs of Staff under section 153(b) 

of this title, and the quadrennial roles and missions review pursuant 

to section 118b of this title, shall include an assessment of joint 

military training and force allocations to determine— 

(1) the compliance of the military departments with the 

joint training, doctrine, and resource allocation recommendations promulgated by the Joint Chiefs of Staff; and 

(2) the effectiveness of the Joint Staff in carrying out 

the missions of planning and experimentation formerly accomplished by Joint Forces Command. 

SEC. 349. MODIFICATION OF REPORT ON PROCUREMENT OF MILITARY 

WORKING DOGS. 

Subsection (c) of section 358 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended— 

(1) in the subsection heading by striking ‘‘ANNUAL REPORT’’ 

and inserting ‘‘BIENNIAL REPORT’’; 

(2) by striking ‘‘annually thereafter for each of the following 

five years’’ and inserting ‘‘biennially thereafter’’; 

(3) by striking ‘‘for the fiscal year preceding’’ and inserting 

‘‘for the two fiscal years preceding’’; 

(4) by striking the second sentence; and 

(5) by striking ‘‘for the fiscal year covered by the report’’ 

and inserting ‘‘for the period covered by the report’’. 

Subtitle F—Limitations and Extension of 

Authority 

SEC. 351. ADOPTION OF MILITARY WORKING DOG BY FAMILY OF 

DECEASED OR SERIOUSLY WOUNDED MEMBER OF THE 

ARMED FORCES WHO WAS THE DOG’S HANDLER. 

Section 2583 of title 10, United States Code, is amended— 

(1) in subsection (a)(2) by inserting after ‘‘extraordinary 

circumstances’’ the following: ‘‘, including circumstances under 

which the handler of a military working dog is killed in action, 

dies of wounds received in action, or is medically retired as 

a result of injuries received in action,’’; and 

(2) in subsection (c), by adding at the end the following: 

‘‘If the Secretary of the military department concerned determines that an adoption is justified under subsection (a)(2) under 

circumstances under which the handler of a military working 

dog is wounded in action, the dog may be made available 

Determination. 

10 USC 118b 

note. 


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for adoption only by the handler. If the Secretary of the military 

department concerned determines that such an adoption is 

justified under circumstances under which the handler of a 

military working dog is killed in action or dies of wounds 

received in action, the military working dog shall be made 

available for adoption only by a parent, child, spouse, or sibling 

of the deceased handler.’’. 

SEC. 352. PROHIBITION ON EXPANSION OF THE AIR FORCE FOOD 

TRANSFORMATION INITIATIVE. 

The Secretary of the Air Force may not expand the Air Force 

food transformation initiative (hereinafter referred to as the ‘‘initiative’’) to include any base other than the six bases initially included 

in the pilot program until the Secretary of the Air Force submits 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on the initiative. Such report shall 

include the following: 

(1) A description of the effects of the initiative on all 

employees who are paid through nonappropriated funds. 

(2) A description of the training programs being developed 

to assist the transition for all employees affected by the initiative. 

(3) An explanation of how appropriated and non-appropriated funds used in the initiative are being tracked to ensure 

that such funds remain segregated. 

(4) An estimate of the cost savings and efficiencies associated with the initiative, and an explanation of how such savings 

are achieved. 

(5) An assessment of increases in food prices at both the 

appropriated facilities on the military bases participating in 

the initiative as of the date of the enactment of this Act and 

the non-appropriated funded facilities on such bases. 

(6) A plan for addressing any recommendations made by 

the Comptroller General of the United States following the 

Comptroller General’s review of the initiative. 

SEC. 353. DESIGNATION AND LIMITATION ON OBLIGATION AND 

EXPENDITURE OF FUNDS FOR THE MIGRATION OF ARMY 

ENTERPRISE EMAIL SERVICES. 

(a) DESIGNATION.—The Secretary of the Army shall designate 

the effort to consolidate its enterprise email services a formal 

acquisition program with the Army acquisition executive as the 

milestone decision authority. The Secretary of the Army may not 

delegate the authority under this subsection. 

(b) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available to the Department 

of Defense for fiscal year 2012 for procurement or operation and 

maintenance for the migration to enterprise email services by the 

Department of the Army may be obligated or expended until the 

date that is 30 days after the date on which the Secretary of 

Army submits to the congressional defense committees a report 

on the acquisition strategy for the acquisition program designated 

under subsection (a), including certification that existing and 

planned efforts for the program comply with all existing regulations 

pertaining to competition. The report shall include each of the 

following: 

(1) A description of the formal acquisition oversight body 

established. 

Time period. 

Reports. 

Reports. 


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(2) An assessment by the acquisition oversight body of 

the sufficiency and completeness of the current validated 

requirements and analysis of alternatives. 

(3) In any instances where the validated requirements or 

analysis of alternatives has been determined to be insufficient, 

a plan for remediation. 

(4) An assessment by the Army Audit Agency to determine 

the cost savings and cost avoidance expected from each of 

the alternatives to be considered. 

(5) An assessment of the technical challenges to implementing the selected approach, including a security assessment. 

(6) A certification by the Secretary of the Army that the 

selected approach for moving forward is in the best technical 

and financial interests of the Army and provides for the maximum amount of competition possible in accordance with section 

2302(3)(D) of title 10, United States Code. 

(7) A detailed accounting of the funding expended by the 

program as of the date of the enactment of this Act, as well 

as an estimate of the funding needed to complete the selected 

approach. 

(c) REPORT BY CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF DEFENSE.—Not later than 180 days after the date of 

the enactment of this Act, the Chief Information Officer of the 

Department of Defense shall submit to the congressional defense 

committees a report on Department of Defense plans for enterprise 

email. Such report shall include— 

(1) an assessment of how the migration of the Army’s 

email system to the Defense Information Services Agency fits 

within the Department’s strategic information technology plans; 

(2) a description of how the Chief Information Officer is 

addressing the email capabilities of the other military departments, including plans for consolidating the email services of 

the other military departments; and 

(3) a description of the degree to which fair and open 

competition will be or has been used to modernize the existing 

infrastructure to which the Army is migrating its email services, including a roadmap detailing when elements of the 

architecture will be upgraded over time. 

SEC. 354. ONE-YEAR EXTENSION OF PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO ARMY FOR CERTAIN PRODUCT IMPROVEMENTS. 

Section 330(f) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68) is amended 

by striking ‘‘October 1, 2013’’ and inserting ‘‘October 1, 2014’’. 

Subtitle G—Other Matters 

SEC. 361. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND 

SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF 

MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES. 

Section 346 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4191; 

10 U.S.C. 2576 note) is amended to read as follows: 

Certification. 


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‘‘SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND 

SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF 

MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES. 

‘‘(a) COMMERCIAL SALE OF SMALL ARMS AMMUNITION, SMALL

AMMUNITION COMPONENTS, AND FIRED CARTRIDGE CASES.—Small 

arms ammunition and small ammunition components which are 

in excess of military requirements, and intact fired small arms 

cartridge cases shall be made available for commercial sale. Such 

small arms ammunition, small arms ammunition components, and 

intact fired cartridge cases shall not be demilitarized, destroyed, 

or disposed of, unless in excess of commercial demands or certified 

by the Secretary of Defense as unserviceable or unsafe. This provision shall not apply to ammunition, ammunition components, or 

fired cartridge cases stored or expended outside the continental 

United States (OCONUS). 

‘‘(b) DEADLINE FOR GUIDANCE.—Not later than 90 days after 

the date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2012, the Secretary of Defense shall issue 

guidance to ensure compliance with subsection (a). Not later than 

15 days after issuing such guidance, the Secretary shall submit 

to the congressional defense committees a letter of compliance providing notice of such guidance. 

‘‘(c) PREFERENCE.—No small arms ammunition or small arms 

ammunition components in excess of military requirements, or fired 

small arms cartridge cases may be made available for commercial 

sale under this section before such ammunition and ammunition 

components are offered for transfer or purchase, as authorized 

by law, to another Federal department or agency or for sale to 

State and local law enforcement, firefighting, homeland security, 

and emergency management agencies pursuant to section 2576 

of title 10, United States Code, as amended by this Act. 

‘‘(d) SALES CONTROLS.—All small arms ammunition and small 

arms ammunition components, and fired small arms cartridge cases 

made available for commercial sale under this section shall be 

subject to all explosives safety and trade security controls in effect 

at the time of sale. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) SMALL ARMS AMMUNITION.—The term ‘small arms 

ammunition’ means ammunition or ordnance for firearms up 

to and including .50 caliber and for shotguns. 

‘‘(2) SMALL ARMS AMMUNITION COMPONENTS.—The term 

‘small arms ammunition components’ means components, parts, 

accessories, and attachments associated with small arms 

ammunition. 

‘‘(3) FIRED CARTRIDGE CASES.—The term ‘fired cartridge 

cases’ means expended small arms cartridge cases (ESACC).’’. 

SEC. 362. COMPTROLLER GENERAL REVIEW OF SPACE-AVAILABLE 

TRAVEL ON MILITARY AIRCRAFT. 

(a) REVIEW REQUIRED.—The Comptroller General of the United 

States shall conduct a review of the Department of Defense system 

for space-available travel. The review shall determine the capacity 

of the system presently and as projected in the future and shall 

examine the efficiency and usage of space-available travel. 

(b) ELEMENTS.—The review required under subsection (a) shall 

include the following elements: 

Determination. 

Notice. 


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(1) A discussion of the efficiency of the system and data 

regarding usage of available space by category of passengers 

under existing regulations. 

(2) Estimates of the effect on availability based on future 

projections. 

(3) A discussion of the logistical and managements problems, including congestion at terminals, waiting times, lodging 

availability, and personal hardships currently experienced by 

travelers. 

(4) An evaluation of the cost of the system and whether 

space-available travel is and can remain cost-neutral. 

(5) An evaluation of the feasibility of expanding the categories of passengers eligible for space-available travel to 

include— 

(A) in the case of overseas travel, retired members 

of an active or reserve component, including retired members of reserve components, who, but for being under the 

eligibility age applicable to the member under section 

12731 title 10, United States Code, would be eligible for 

retired pay under chapter 1223 of such title; and 

(B) unremarried widows and widowers of active or 

reserve component members of the Armed Forces. 

(6) Other factors relating to the efficiency and cost effectiveness of space-available travel. 

SEC. 363. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME 

SAFETY OF FORCES AND HYDROGRAPHIC SUPPORT. 

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

Code, is amended by adding at the end the following new chapter: 

‘‘CHAPTER 669—MARITIME SAFETY OF FORCES 

‘‘Sec. 

‘‘7921. Safety and effectiveness information; hydrographic information. 

‘‘§ 7921. Safety and effectiveness information; hydrographic 

information 

‘‘(a) SAFETY AND EFFECTIVENESS INFORMATION.—(1) The Secretary of the Navy shall maximize the safety and effectiveness 

of all maritime vessels, aircraft, and forces of the armed forces 

by means of— 

‘‘(A) marine data collection; 

‘‘(B) numerical weather and ocean prediction; and 

‘‘(C) forecasting of hazardous weather and ocean conditions. 

‘‘(2) The Secretary may extend similar support to forces of 

the North Atlantic Treaty Organization, and to coalition forces, 

that are operating with the armed forces. 

‘‘(b) HYDROGRAPHIC INFORMATION.—The Secretary of the Navy 

shall collect, process, and provide to the Director of the National 

Geospatial-Intelligence Agency hydrographic information to support 

preparation of maps, charts, books, and geodetic products by that 

Agency.’’. 

(b) CLERICAL AMENDMENT.—The table of chapters at the beginning of subtitle C of such title, and the table of chapters at the 

beginning of part IV of such subtitle, are each amended by inserting 

after the item relating to chapter 667 the following new item: 

‘‘669. Maritime Safety of Forces ...................................................................... 7921’’. 

10 USC 7921. 


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SEC. 364. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE 

PROTECTION AGREEMENTS. 

(a) IN GENERAL.—Subsection (b) of section 5 of the Act of 

May 27, 1955 (42 U.S.C. 1856d(b)) is amended to read as follows: 

‘‘(b) Notwithstanding subsection (a), all sums received as 

reimbursements for costs incurred by any Department of Defense 

activity for fire protection rendered pursuant to this Act shall 

be credited to the same appropriation or fund from which the 

expenses were paid or, if the period of availability for obligation 

for that appropriation has expired, to the appropriation or fund 

that is currently available to the activity for the same purpose. 

Amounts so credited shall be subject to the same provisions and 

restrictions as the appropriation or account to which credited.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall apply with respect to reimbursements for expenditures of 

funds appropriated after the date of the enactment of this Act. 

SEC. 365. CLARIFICATION OF THE AIRLIFT SERVICE DEFINITIONS RELATIVE TO THE CIVIL RESERVE AIR FLEET. 

(a) CLARIFICATION.—Section 41106 of title 49, United States 

Code, is amended— 

(1) in subsections (a)(1), (b), and (c), by striking ‘‘transport 

category aircraft’’ each place it appears and inserting ‘‘CRAFeligible aircraft’’; and 

(2) in subsection (c), by striking ‘‘that has aircraft in the 

civil reserve air fleet’’ and inserting ‘‘referred to in subsection 

(a)’’. 

(b) CRAF-ELIGIBLE AIRCRAFT DEFINED.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(e) CRAF-ELIGIBLE AIRCRAFT DEFINED.—In this section, 

‘CRAF-eligible aircraft’ means aircraft of a type the Secretary of 

Defense has determined to be eligible to participate in the civil 

reserve air fleet.’’. 

SEC. 366. RATEMAKING PROCEDURES FOR CIVIL RESERVE AIR FLEET 

CONTRACTS. 

(a) IN GENERAL.—Chapter 931 of title 10, United States Code, 

is amended by inserting after section 9511 the following new section: 

‘‘§ 9511a. Civil Reserve Air Fleet contracts: payment rate 

‘‘(a) AUTHORITY.—The Secretary of Defense shall determine a 

fair and reasonable rate of payment for airlift services provided 

to the Department of Defense by air carriers who are participants 

in the Civil Reserve Air Fleet program. 

‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations for purposes of subsection (a). The Secretary may 

exclude from the applicability of those regulations any airlift services contract made through the use of competitive procedures. 

‘‘(c) COMMITMENT OF AIRCRAFT AS A BUSINESS FACTOR.—The 

Secretary may, in determining the quantity of business to be 

received under an airlift services contract for which the rate of 

payment is determined in accordance with subsection (a), use as 

a factor the relative amount of airlift capability committed by 

each air carrier to the Civil Reserve Air Fleet. 

‘‘(d) INAPPLICABLE PROVISIONS OF LAW.—An airlift services contract for which the rate of payment is determined in accordance 

with subsection (a) shall not be subject to the provisions of section 

Determination. 

10 USC 9511a. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1381 

2306a of this title or to the provisions of subsections (a) and (b) 

of section 1502 of title 41.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 9511 the following new item: 

‘‘9511a. Civil Reserve Air Fleet contracts: payment rate.’’. 

(c) INITIAL REGULATIONS.—Regulations shall be prescribed 

under section 9511a(b) of title 10, United States Code, as added 

by subsection (a), not later than 180 days after the date of the 

enactment of this Act. 

SEC. 367. POLICY ON ACTIVE SHOOTER TRAINING FOR CERTAIN LAW 

ENFORCEMENT PERSONNEL. 

The Secretary of Defense shall establish policy and promulgate 

guidelines to ensure civilian and military law enforcement personnel 

charged with security functions on military installations shall 

receive Active Shooter Training as described in finding 4.3 of the 

document entitled ‘‘Protecting the Force: Lessons From Fort Hood’’. 

SEC. 368. PROCUREMENT OF TENTS OR OTHER TEMPORARY STRUCTURES. 

(a) IN GENERAL.—In procuring tents or other temporary structures for use by the Armed Forces, and in establishing or 

maintaining an alternative source for such tents and structures, 

the Secretary of Defense shall award contracts that provide the 

best value to the United States. In determining the best value 

to the United States under this section, the Secretary shall consider 

the total life-cycle costs of such tents or structures, including the 

costs associated with any equipment or fuel needed to heat or 

cool such tents or structures. 

(b) INTERAGENCY PROCUREMENT.—The requirements of this section shall apply to any agency or department of the United States 

that procures tents or other temporary structures on behalf of 

the Department of Defense. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. 

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

for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Applicability. 

10 USC 2302 

note. 

Guidelines. 

10 USC note 

prec. 2001. 

Deadline. 

10 USC 9511a 

note. 


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125 STAT. 1382 PUBLIC LAW 112–81—DEC. 31, 2011 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2012, as follows: 

(1) The Army, 562,000. 

(2) The Navy, 325,700. 

(3) The Marine Corps, 202,100. 

(4) The Air Force, 332,800. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (4) and inserting the following 

new paragraphs: 

‘‘(1) For the Army, 547,400. 

‘‘(2) For the Navy, 325,700. 

‘‘(3) For the Marine Corps, 202,100. 

‘‘(4) For the Air Force, 332,800.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2012, as follows: 

(1) The Army National Guard of the United States, 358,200. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 66,200. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,700. 

(6) The Air Force Reserve, 71,400. 

(7) The Coast Guard Reserve, 10,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are 

released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such 

reserve component shall be increased proportionately by the total 

authorized strengths of such units and by the total number of 

such individual members. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1383 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2012, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 32,060. 

(2) The Army Reserve, 16,261. 

(3) The Navy Reserve, 10,337. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 14,833. 

(6) The Air Force Reserve, 2,662. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2012 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army Reserve, 8,395. 

(2) For the Army National Guard of the United States, 

27,210. 

(3) For the Air Force Reserve, 10,777. 

(4) For the Air National Guard of the United States, 22,509. 

SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.— (1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2012, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2012, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2012, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2012, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 


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125 STAT. 1384 PUBLIC LAW 112–81—DEC. 31, 2011 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2012 for the use 

of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in subsection (a) supersedes any other authorization 

of appropriations (definite or indefinite) for such purpose for fiscal 

year 2012. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy Generally 

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

in grades of major, lieutenant colonel, and colonel. Sec. 502. General officer and flag officer reform. 

Sec. 503. National Defense University outplacement waiver. 

Sec. 504. Voluntary retirement incentive matters. 

Subtitle B—Reserve Component Management 

Sec. 511. Leadership of National Guard Bureau. 

Sec. 512. Membership of the Chief of the National Guard Bureau on the Joint 

Chiefs of Staff. 

Sec. 513. Modification of time in which preseparation counseling must be provided 

to reserve component members being demobilized. Sec. 514. Clarification of applicability of authority for deferral of mandatory separation of military technicians (dual status) until age 60. Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps Reserve, 

and Air Force Reserve to active duty to provide assistance in response 

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

preplanned missions in support of the combatant commands. Sec. 517. Modification of eligibility for consideration for promotion for reserve officers employed as military technicians (dual status). 

Sec. 518. Consideration of reserve component officers for appointment to certain 

command positions. 

Sec. 519. Report on termination of military technician as a distinct personnel management category. 

Subtitle C—General Service Authorities 

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

Sec. 522. Policy addressing dwell time and measurement and data collection regarding unit operating tempo and personnel tempo. 

Sec. 523. Protected communications by members of the Armed Forces and prohibition of retaliatory personnel actions. 

Sec. 524. Notification requirement for determination made in response to review of 

proposal for award of Medal of Honor not previously submitted in timely 

fashion. 

Sec. 525. Expansion of regular enlisted members covered by early discharge authority. 

Sec. 526. Extension of voluntary separation pay and benefits authority. 

Sec. 527. Prohibition on denial of reenlistment of members for unsuitability based 

on the same medical condition for which they were determined to be fit 

for duty. 


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Sec. 528. Designation of persons authorized to direct disposition of remains of 

members of the Armed Forces. 

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

Forces and their spouses. 

Sec. 530. Conversion of high-deployment allowance from mandatory to authorized. 

Sec. 531. Extension of authority to conduct programs on career flexibility to enhance retention of members of the Armed Forces. 

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

schools. 

Sec. 533. Department of Defense suicide prevention program. 

Subtitle D—Military Justice and Legal Matters 

Sec. 541. Reform of offenses relating to rape, sexual assault, and other sexual misconduct under the Uniform Code of Military Justice. 

Sec. 542. Authority to compel production of documentary evidence. 

Sec. 543. Clarification of application and extent of direct acceptance of gifts authority. 

Sec. 544. Freedom of conscience of military chaplains with respect to the performance of marriages. 

Subtitle E—Member Education and Training Opportunities and Administration 

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

duty who are transitioning to civilian life. 

Sec. 552. Enhancement of authorities on joint professional military education. 

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

the military service academies. 

Sec. 554. Enhancement of administration of the United States Air Force Institute 

of Technology. 

Sec. 555. Enrollment of certain seriously wounded, ill, or injured former or retired 

enlisted members of the Armed Forces in associate degree programs of 

the Community College of the Air Force in order to complete degree program. 

Sec. 556. Reserve component mental health student stipend. 

Sec. 557. Fiscal year 2012 administration and report on the Troops-to-Teachers 

Program. 

Sec. 558. Pilot program on receipt of civilian credentialing for skills required for 

military occupational specialties. 

Sec. 559. Report on certain education assistance programs. 

Subtitle F—Armed Forces Retirement Home 

Sec. 561. Control and administration by Secretary of Defense. 

Sec. 562. Senior Medical Advisor oversight of health care provided to residents of 

Armed Forces Retirement Home. 

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

Resident Advisory Committees. 

Sec. 564. Administrators, Ombudsmen, and staff of facilities. 

Sec. 565. Revision of fee requirements. 

Sec. 566. Revision of inspection requirements. 

Sec. 567. Repeal of obsolete transitional provisions and technical, conforming, and 

clerical amendments. 

Subtitle G—Defense Dependents’ Education and Military Family Readiness Matters 

Sec. 571. Impact aid for children with severe disabilities. 

Sec. 572. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 573. Three-year extension and enhancement of authorities on transition of 

military dependent students among local educational agencies. 

Sec. 574. Revision to membership of Department of Defense Military Family Readiness Council. 

Sec. 575. Reemployment rights following certain National Guard duty. 

Sec. 576. Expansion of Operation Hero Miles. 

Sec. 577. Report on Department of Defense autism pilot and demonstration 

projects. 

Sec. 578. Comptroller General of the United States report on Department of Defense military spouse employment programs. 

Subtitle H—Improved Sexual Assault Prevention and Response in the Armed Forces 

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

Assault Response Coordinators and Sexual Assault Victim Advocates. 


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Sec. 582. Consideration of application for permanent change of station or unit 

transfer based on humanitarian conditions for victim of sexual assault 

or related offense. 

Sec. 583. Director of Sexual Assault Prevention and Response Office. 

Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim Advocates. 

Sec. 585. Training and education programs for sexual assault prevention and response program. 

Sec. 586. Department of Defense policy and procedures on retention and access to 

evidence and records relating to sexual assaults involving members of 

the Armed Forces. 

Subtitle I—Other Matters 

Sec. 588. Department of Defense authority to carry out personnel recovery reintegration and post-isolation support activities. 

Sec. 589. Military adaptive sports program. 

Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration Program. 

Sec. 591. Army National Military Cemeteries. 

Sec. 592. Inspection of military cemeteries under jurisdiction of the military departments. 

Sec. 593. Authorization for award of the distinguished service cross for Captain 

Fredrick L. Spaulding for acts of valor during the Vietnam War. 

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

for acts of valor during the Korean War. 

Sec. 595. Review regarding award of Medal of Honor to Jewish American World 

War I veterans. 

Sec. 596. Report on process for expedited determination of disability of members of 

the Armed Forces with certain disabling conditions. 

Sec. 597. Comptroller General study of military necessity of Selective Service System and alternatives. 

Sec. 598. Evaluation of issues affecting disposition of remains of American sailors 

killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on 

September 4, 1804. 

Subtitle A—Officer Personnel Policy 

Generally 

SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS 

OFFICERS ON ACTIVE DUTY IN GRADES OF MAJOR, 

LIEUTENANT COLONEL, AND COLONEL. 

The table in subsection (a)(1) of section 523 of title 10, United 

States Code, is amended by striking the items relating to the 

total number of commissioned officers (excluding officers in categories specified in subsection (b) of such section) serving on active 

duty in the Marine Corps in the grades of major, lieutenant colonel, 

and colonel, respectively, and inserting the following new items: 

‘‘10,000 2,802 1,615 633

12,500 3,247 1,768 658

15,000 3,691 1,922 684

17,500 4,135 2,076 710

20,000 4,579 2,230 736

22,500 5,024 2,383 762

25,000 5,468 2,537 787’’. 

SEC. 502. GENERAL OFFICER AND FLAG OFFICER REFORM. 

(a) REMOVAL OF CERTAIN POSITIONS FROM EXCEPTION TO DISTRIBUTION LIMITS.— 

(1) REMOVAL OF POSITIONS.—Subsection (b) of section 525 

of title 10, United States Code, is amended to read as follows: 

‘‘(b) The limitations of subsection (a) do not include the following: 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1387 

‘‘(1) An officer released from a joint duty assignment, but 

only during the 60-day period beginning on the date the officer 

departs the joint duty assignment, except that the Secretary 

of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, 

but no more than three officers from each armed forces may 

be on active duty who are excluded under this paragraph. 

‘‘(2) The number of officers required to serve in joint duty 

assignments as authorized by the Secretary of Defense under 

section 526(b) for each military service.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on January 1, 2012. 

(b) LIMITATION ON NUMBER OF GENERAL AND FLAG OFFICERS

ON ACTIVE DUTY.— (1) LIMITATION; EXCLUSION FOR JOINT DUTY REQUIRE- MENTS.—Section 526 of such title is amended— 

(A) in subsection (a)— 

(i) in paragraph (1), by striking ‘‘230’’ and inserting 

‘‘231’’; 

(ii) in paragraph (2), by striking ‘‘160’’ and 

inserting ‘‘161’’; 

(iii) in paragraph (3), by striking ‘‘208’’ and 

inserting ‘‘198’’; and 

(iv) in paragraph (4), by striking ‘‘60’’ and inserting 

‘‘61’’; and 

(B) in subsection (b)(2)(C), by striking ‘‘76’’ and 

inserting ‘‘73’’. 

(2) DISTRIBUTION LIMITATION.—Section 525(a) of such title 

is amended— 

(A) in paragraph (1)(B), by striking ‘‘45’’ and inserting 

‘‘46’’; 

(B) in paragraph (2)(B), by striking ‘‘43’’ and inserting 

‘‘44’’; 

(C) in paragraph (3)(B), by striking ‘‘32’’ and inserting 

‘‘33’’; and 

(D) in paragraph (4)(C), by striking ‘‘22’’ and inserting 

‘‘23’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 2013. 

(c) LIMITED EXCLUSION FOR JOINT DUTY ASSIGNMENTS FROM

AUTHORIZED STRENGTH LIMITATION.— 

(1) EXCLUSION.—Subsection (b) of section 526 of such title 

is amended by striking ‘‘324’’ and inserting ‘‘310’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on January 1, 2012. 

(d) ELIMINATION OF COMPLETE EXCLUSION FOR OFFICERS

SERVING IN CERTAIN INTELLIGENCE POSITIONS.— 

(1) ELIMINATION OF CURRENT BROAD EXCLUSION.—Section 

528 of such title is amended by striking subsections (b), (c), 

and (d) and inserting the following new subsections: 

‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.—When the position of Director or Deputy Director of the Central Intelligence 

Agency is held by an officer of the armed forces, the position, 

so long as the officer serves in the position, shall be designated, 

pursuant to subsection (b) of section 526 of this title, as one of 

the general officer and flag officer positions to be excluded from 

the limitations in subsection (a) of such section. 

10 USC 526 note. 

10 USC 525 note. 

10 USC 525 note. 

Time periods. 


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‘‘(c) ASSOCIATE DIRECTOR OF MILITARY AFFAIRS, CIA.—When 

the position of Associate Director of Military Affairs, Central Intelligence Agency, or any successor position, is held by an officer 

of the armed forces, the position, so long as the officer serves 

in the position, shall be designated, pursuant to subsection (b) 

of section 526 of this title, as one of the general officer and flag 

officer positions to be excluded from the limitations in subsection 

(a) of such section. 

‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—When a position 

in the Office of the Director of National Intelligence designated 

by agreement between the Secretary of Defense and the Director 

of National Intelligence is held by a general officer or flag officer 

of the armed forces, the position, so long as the officer serves 

in the position, shall be designated, pursuant to subsection (b) 

of section 526 of this title, as one of the general officer and flag 

officer positions to be excluded from the limitations in subsection 

(a) of such section. However, not more than five of such positions 

may be included among the excluded positions at any time.’’. 

(2) CLERICAL AMENDMENTS.— 

(A) SECTION HEADING.—The heading of such section 

is amended to read as follows: 

‘‘§ 528. Officers serving in certain intelligence positions: military status; application of distribution and strength 

limitations; pay and allowances’’. 

(B) TABLE OF SECTIONS.—The table of sections at the 

beginning of chapter 32 of such title is amended by striking 

the item relating to section 528 and inserting the following 

new item: 

‘‘528. Officers serving in certain intelligence positions: military status; application 

of distribution and strength limitations; pay and allowances.’’. 

SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER. 

(a) WAIVER AUTHORITY FOR OFFICERS NOT DESIGNATED AS

JOINT QUALIFIED OFFICERS.—Subsection (b) of section 663 of title 

10, United States Code, is amended— 

(1) in paragraph (1), by inserting after ‘‘to a joint duty 

assignment’’ the following: ‘‘(or, as authorized by the Secretary 

in an individual case, to a joint assignment other than a joint 

duty assignment)’’; and 

(2) in paragraph (2)— 

(A) by striking ‘‘the joint duty assignment’’ and 

inserting ‘‘the assignment’’; and 

(B) by striking ‘‘a joint duty assignment’’ and inserting 

‘‘such an assignment’’. 

(b) EXCEPTION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM OTHER-THANIN-RESIDENCE PROGRAMS.—(1) Subsection (a) does not apply to an 

officer graduating from a school within the National Defense 

University specified in subsection (c) following pursuit of a program 

on an other-than-in-residence basis. 

‘‘(2) Subsection (b) does not apply with respect to any group 

of officers graduating from a school within the National Defense 

University specified in subsection (c) following pursuit of a program 

on an other-than-in-residence basis.’’. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1389 

SEC. 504. VOLUNTARY RETIREMENT INCENTIVE MATTERS. 

(a) ADDITIONAL VOLUNTARY RETIREMENT INCENTIVE

AUTHORITY.— 

(1) IN GENERAL.—Chapter 36 of title 10, United States 

Code, is amended by inserting after section 638a the following 

new section: 

‘‘§ 638b. Voluntary retirement incentive 

‘‘(a) INCENTIVE FOR VOLUNTARY RETIREMENT FOR CERTAIN OFFICERS.—The Secretary of Defense may authorize the Secretary of 

a military department to provide a voluntary retirement incentive 

payment in accordance with this section to an officer of the armed 

forces under that Secretary’s jurisdiction who is specified in subsection (c) as being eligible for such a payment. 

‘‘(b) LIMITATIONS.—(1) Any authority provided the Secretary 

of a military department under this section shall expire as specified 

by the Secretary of Defense, but not later than December 31, 

2018. 

‘‘(2) The total number of officers who may be provided a voluntary retirement incentive payment under this section may not 

exceed 675 officers. 

‘‘(c) ELIGIBLE OFFICERS.—(1) Except as provided in paragraph 

(2), an officer of the armed forces is eligible for a voluntary retirement incentive payment under this section if the officer— 

‘‘(A) has served on active duty for more than 20 years, 

but not more than 29 years, on the approved date of retirement; 

‘‘(B) meets the minimum length of commissioned service 

requirement for voluntary retirement as a commissioned officer 

in accordance with section 3911, 6323, or 8911 of this title, 

as applicable to that officer; 

‘‘(C) on the approved date of retirement, has 12 months 

or more remaining on active-duty service before reaching the 

maximum retirement years of active service for the member’s 

grade as specified in section 633 or 634 of this title; 

‘‘(D) on the approved date of retirement, has 12 months 

or more remaining on active-duty service before reaching the 

maximum retirement age under any other provision of law; 

and 

‘‘(E) meets any additional requirements for such eligibility 

as is specified by the Secretary concerned, including any 

requirement relating to years of service, skill rating, military 

specialty or competitive category, grade, any remaining period 

of obligated service, or any combination thereof. 

‘‘(2) The following officers are not eligible for a voluntary retirement incentive payment under this section: 

‘‘(A) An officer being evaluated for disability under chapter 

61 of this title. 

‘‘(B) An officer projected to be retired under section 1201 

or 1204 of this title. 

‘‘(C) An officer projected to be discharged with disability 

severance pay under section 1212 of this title. 

‘‘(D) A member transferred to the temporary disability 

retired list under section 1202 or 1205 of this title. 

‘‘(E) An officer subject to pending disciplinary action or 

subject to administrative separation or mandatory discharge 

under any other provision of law or regulation. 

Expiration date. 

10 USC 638b. 


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‘‘(d) AMOUNT OF PAYMENT.—The amount of the voluntary retirement incentive payment paid an officer under this section shall 

be an amount determined by the Secretary concerned, but not 

to exceed an amount equal to 12 times the amount of the officer’s 

monthly basic pay at the time of the officer’s retirement. The 

amount may be paid in a lump sum at the time of retirement. 

‘‘(e) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE DUTY.— (1) Except as provided in paragraph (2), a member of the armed 

forces who, after having received all or part of a voluntary retirement incentive under this section, returns to active duty shall 

have deducted from each payment of basic pay, in such schedule 

of monthly installments as the Secretary concerned shall specify, 

until the total amount deducted from such basic pay equals the 

total amount of voluntary retirement incentive received. 

‘‘(2) Members who are involuntarily recalled to active duty 

or full-time National Guard duty under any provision of law shall 

not be subject to this subsection. 

‘‘(3) The Secretary of Defense may waive, in whole or in part, 

repayment required under paragraph (1) if the Secretary determines 

that recovery would be against equity and good conscience or would 

be contrary to the best interest of the United States. The authority 

in this paragraph may be delegated only to the Under Secretary 

of Defense for Personnel and Readiness and the Principal Deputy 

Under Secretary of Defense of Personnel and Readiness.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter IV of chapter 36 of such title is 

amended by inserting after the item relating to section 638a 

the following new item: 

‘‘638b. Voluntary retirement incentive.’’. 

(b) REINSTATEMENT OF CERTAIN TEMPORARY EARLY RETIREMENT

AUTHORITY.— 

(1) REINSTATEMENT.—Subsection (i) of section 4403 of the 

National Defense Authorization Act for Fiscal Year 1993 (10 

U.S.C. 1293 note) is amended— 

(A) by inserting ‘‘(1)’’ before ‘‘the period’’; and 

(B) by inserting before the period at the end the following: ‘‘, and (2) the period beginning on the date of 

the enactment of the National Defense Authorization Act 

for Fiscal Year 2012 and ending on December 31, 2018’’. 

(2) INAPPLICABILITY OF CERTAIN PROVISIONS.—Such section 

is further amended by striking subsection (c) and inserting 

the following new subsection (c): 

‘‘(c) INAPPLICABILITY OF CERTAIN PROVISIONS.— 

‘‘(1) INCREASED RETIRED PAY FOR PUBLIC OR COMMUNITY

SERVICE.—The provisions of section 4464 of this Act (10 U.S.C. 

1143a note) shall not apply with respect to a member or former 

member retired by reason of eligibility under this section during 

the active force drawdown period specified in subsection (i)(2). 

‘‘(2) COAST GUARD AND NOAA.—During the period specified 

in subsection (i)(2), this section does not apply as follows: 

‘‘(A) To members of the Coast Guard, notwithstanding 

section 542(d) of the National Defense Authorization Act 

for Fiscal Year 1995 (10 U.S.C. 1293 note). 

‘‘(B) To members of the commissioned corps of the 

National Oceanic and Atmospheric Administration, notwithstanding section 566(c) of the National Defense 

Time period. 

10 USC 1293 

note. 

Waiver authority. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1391 

Authorization Act for Fiscal Year 1995 (Public Law 104– 

106; 10 U.S.C. 1293 note).’’. 

(3) COORDINATION WITH OTHER SEPARATION PROVISIONS.— Such section is further amended— 

(A) in subsection (g), by striking ‘‘, 1174a, or 1175’’ 

and inserting ‘‘or 1175a’’; and 

(B) in subsection (h)— 

(i) in the subsection heading, by striking ‘‘SSB 

OR VSI’’ and inserting ‘‘SSB, VSI, OR VSP’’; 

(ii) by inserting before the period at the end of 

the first sentence the following: ‘‘or who before the 

date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2012 was separated 

from active duty pursuant to an agreement entered 

into under section 1175a of such title’’; and 

(iii) in the second sentence, by striking ‘‘under 

section 1174a or 1175 of title 10, United States Code’’. 

Subtitle B—Reserve Component 

Management 

SEC. 511. LEADERSHIP OF NATIONAL GUARD BUREAU. 

(a) CHIEF OF THE NATIONAL GUARD BUREAU.— (1) GRADE AND EXCLUSION FROM GENERAL AND FLAG

OFFICER AUTHORIZED STRENGTH.—Subsection (d) of section 

10502 of title 10, United States Code, is amended to read 

as follows: 

‘‘(d) GRADE AND EXCLUSION FROM GENERAL AND FLAG OFFICER

AUTHORIZED STRENGTH.—(1) The Chief of the National Guard 

Bureau shall be appointed to serve in the grade of general. 

‘‘(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Chief of 

the National Guard Bureau as one of the general officer and flag 

officer positions to be excluded from the limitations in subsection 

(a) of such section.’’. 

(2) SUCCESSION.—Subsection (e) of such section is amended 

to read as follows: 

‘‘(e) SUCCESSION.—(1) When there is a vacancy in the office 

of the Chief of the National Guard Bureau or in the absence 

or disability of the Chief, the Vice Chief of the National Guard 

Bureau acts as Chief and performs the duties of the Chief until 

a successor is appointed or the absence or disability ceases. 

‘‘(2) When there is a vacancy in the offices of both the Chief 

and the Vice Chief of the National Guard Bureau or in the absence 

or disability of both the Chief and the Vice Chief of the National 

Guard Bureau, or when there is a vacancy in one such office 

and in the absence or disability of the officer holding the other, 

the senior officer of the Army National Guard of the United States 

or the Air National Guard of the United States on duty with 

the National Guard Bureau shall perform the duties of the Chief 

until a successor to the Chief or Vice Chief is appointed or the 

absence or disability of the Chief or Vice Chief ceases, as the 

case may be.’’. 

(3) EXCLUSION FOR CHIEF OF NATIONAL GUARD BUREAU FROM

GENERAL OFFICER DISTRIBUTION LIMITATIONS.—Section 525 of 

such title is amended— 

Appointment. 


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(A) in subsection (b)(1), by striking subparagraph (D); 

and 

(B) in subsection (g)— 

(i) by striking paragraph (2); and 

(ii) by redesignating paragraph (3) as paragraph 

(2). 

(b) VICE CHIEF OF THE NATIONAL GUARD BUREAU.— 

(1) REDESIGNATION OF DIRECTOR OF THE JOINT STAFF OF

THE NATIONAL GUARD BUREAU.—Subsection (a)(1) of section 

10505 of such title is amended by striking ‘‘Director of the 

Joint Staff of the National Guard Bureau, selected by the 

Secretary of Defense from’’ and inserting ‘‘Vice Chief of the 

National Guard Bureau, appointed by the President, by and 

with the advice and consent of the Senate. The appointment 

shall be made from’’. 

(2) ELIGIBILITY REQUIREMENTS.—Subsection (a)(1) of such 

section is further amended— 

(A) by redesignating subparagraphs (B) and (C) as 

subparagraphs (D) and (E), respectively; 

(B) in subparagraph (E), as so redesignated, by striking 

‘‘colonel’’ and inserting ‘‘brigadier general’’; and 

(C) by inserting after subparagraph (A) the following 

new subparagraphs: 

‘‘(B) are recommended by the Secretary of the Army, in 

the case of officers of the Army National Guard of the United 

States, or by the Secretary of the Air Force, in the case of 

officers of the Air National Guard of the United States, and 

by the Secretary of Defense; 

‘‘(C) are determined by the Chairman of the Joint Chiefs 

of Staff, in accordance with criteria and as a result of a process 

established by the Chairman, to have significant joint duty 

experience;’’. 

(3) GRADE AND EXCLUSION FROM GENERAL AND FLAG

OFFICER AUTHORIZED STRENGTH.—Subsection (c) of such section 

is amended to read as follows: 

‘‘(c) GRADE AND EXCLUSION FROM GENERAL AND FLAG OFFICER

AUTHORIZED STRENGTH.—(1) The Vice Chief of the National Guard 

Bureau shall be appointed to serve in the grade of lieutenant 

general. 

‘‘(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief 

of the National Guard Bureau as one of the general officer and 

flag officer positions to be excluded from the limitations in subsection (a) of such section.’’. 

(c) CONFORMING AMENDMENTS REGARDING REFERENCES TO

DIRECTOR.— 

(1) CROSS REFERENCES IN SECTION 10505.—Section 10505 

of such title is further amended— 

(A) in subsection (a)— 

(i) in paragraphs (2), (3), and (4), by striking 

‘‘Director of the Joint Staff’’ each place in appears 

and inserting ‘‘Vice Chief’’; and 

(ii) in paragraph (3)(B), by striking ‘‘as the 

Director’’ and inserting ‘‘as the Vice Chief’’; and 

(B) in subsection (b), by striking ‘‘Director of the Joint 

Staff’’ and inserting ‘‘Vice Chief’’. 

Appointment. 

President. 

Appointment. 


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(2) CROSS REFERENCES IN SECTION 10506.—Section 

10506(a)(1) of such title is amended by striking ‘‘Chief of the 

National Guard Bureau and the Director of the Joint Staff’’ 

and inserting ‘‘Chief and Vice Chief’’. 

(3) OTHER REFERENCES.—Any reference in any law, regulation, document, paper, or other record of the United States 

to the Director of the Joint Staff of the National Guard Bureau 

shall be deemed to be a reference to the Vice Chief of the 

National Guard Bureau. 

(d) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading for section 10505 of 

such title is amended to read as follows: 

‘‘§ 10505. Vice Chief of the National Guard Bureau’’. 

(2) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of chapter 1011 of 

such title is amended to read as follows: 

‘‘10505. Vice Chief of the National Guard Bureau.’’. 

(e) TREATMENT OF CURRENT DIRECTOR OF THE JOINT STAFF

OF THE NATIONAL GUARD BUREAU.—The officer who is serving 

as Director of the Joint Staff of the National Guard Bureau on 

the date of the enactment of this Act shall serve, in the grade 

of major general, as acting Vice Chief of the National Guard Bureau 

until the appointment of a Vice Chief of the National Guard Bureau 

in accordance with subsection (a) of section 10505 of title 10, United 

States Code, as amended by subsection (b). Notwithstanding the 

amendment made by subsection (b)(3), the acting Vice Chief of 

the National Guard Bureau shall not be excluded from the limitations in section 526(a) of such title. 

SEC. 512. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD 

BUREAU ON THE JOINT CHIEFS OF STAFF. 

(a) MEMBERSHIP ON JOINT CHIEFS OF STAFF.—Section 151(a) 

of title 10, United States Code, is amended by adding at the end 

the following new paragraph: 

‘‘(7) The Chief of the National Guard Bureau.’’. 

(b) DUTIES AS MEMBER OF JOINT CHIEFS OF STAFF.—Section 

10502 of such title is amended— 

(1) by redesignating subsections (d) and (e), as amended 

by section 511(a), as subsections (e) and (f), respectively; and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.—As a member of 

the Joint Chiefs of Staff, the Chief of the National Guard Bureau 

has the specific responsibility of addressing matters involving nonFederalized National Guard forces in support of homeland defense 

and civil support missions.’’. 

SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUNSELING MUST BE PROVIDED TO RESERVE COMPONENT 

MEMBERS BEING DEMOBILIZED. 

Section 1142(a)(3)(B) of title 10, United States Code, is amended 

by inserting ‘‘or in the event a member of a reserve component 

is being demobilized under circumstances in which (as determined 

by the Secretary concerned) operational requirements make the 

90-day requirement under subparagraph (A) unfeasible,’’ after ‘‘or 

separation date,’’. 

10 USC 10505 

note. 

10 USC 10505 

note. 


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SEC. 514. CLARIFICATION OF APPLICABILITY OF AUTHORITY FOR 

DEFERRAL OF MANDATORY SEPARATION OF MILITARY 

TECHNICIANS (DUAL STATUS) UNTIL AGE 60. 

(a) DISCRETIONARY DEFERRAL OF MANDATORY SEPARATION.— 

Section 10216(f) of title 10, United States Code, is amended— 

(1) in the subsection heading, by inserting ‘‘AUTHORITY

FOR’’ before ‘‘DEFERRAL OF MANDATORY SEPARATION’’; 

(2) by striking ‘‘shall implement’’ and inserting ‘‘may each 

implement’’; 

(3) by inserting ‘‘, at the discretion of the Secretary concerned,’’ after ‘‘so as to allow’’; and 

(4) by striking ‘‘for officers’’. 

(b) CONFORMING AMENDMENT.—Section 10218(a)(3)(A)(i) of such 

title is amended by striking ‘‘if qualified be appointed’’ and inserting 

‘‘if qualified may be appointed’’. 

SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, 

MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO 

ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO 

A MAJOR DISASTER OR EMERGENCY. 

(a) AUTHORITY.— 

(1) IN GENERAL.—Chapter 1209 of title 10, United States 

Code, is amended by inserting after section 12304 the following 

new section: 

‘‘§ 12304a. Army Reserve, Navy Reserve, Marine Corps 

Reserve, and Air Force Reserve: order to active 

duty to provide assistance in response to a major 

disaster or emergency 

‘‘(a) AUTHORITY.—When a Governor requests Federal assistance 

in responding to a major disaster or emergency (as those terms 

are defined in section 102 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary 

of Defense may, without the consent of the member affected, order 

any unit, and any member not assigned to a unit organized to 

serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps 

Reserve, and Air Force Reserve to active duty for a continuous 

period of not more than 120 days to respond to the Governor’s 

request. 

‘‘(b) EXCLUSION FROM STRENGTH LIMITATIONS.—Members 

ordered to active duty under this section shall not be counted 

in computing authorized strength of members on active duty or 

members in grade under this title or any other law. 

‘‘(c) TERMINATION OF DUTY.—Whenever any unit or member 

of the reserve components is ordered to active duty under this 

section, the service of all units or members so ordered to active 

duty may be terminated by order of the Secretary of Defense or 

law.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1209 of such title is amended by inserting 

Time period. 

10 USC 12304a. 


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after the item relating to section 12304 the following new 

item: 

‘‘12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: 

order to active duty to provide assistance in response to a major disaster 

or emergency.’’. 

(b) TREATMENT OF OPERATIONS AS CONTINGENCY OPERATIONS.— 

Section 101(a)(13)(B) of such title is amended by inserting ‘‘12304a,’’ 

after ‘‘12304,’’. 

(c) USUAL AND CUSTOMARY ARRANGEMENT.— 

(1) DUAL-STATUS COMMANDER.—When the Armed Forces 

and the National Guard are employed simultaneously in support of civil authorities in the United States, appointment of 

a commissioned officer as a dual-status commander serving 

on active duty and duty in, or with, the National Guard of 

a State under sections 315 or 325 of title 32, United States 

Code, as commander of Federal forces by Federal authorities 

and as commander of State National Guard forces by State 

authorities, should be the usual and customary command and 

control arrangement, including for missions involving a major 

disaster or emergency as those terms are defined in section 

102 of the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act (42 U.S.C. 5122). The chain of command for 

the Armed Forces shall remain in accordance with sections 

162(b) and 164(c) of title 10, United States Code. 

(2) STATE AUTHORITIES SUPPORTED.—When a major disaster 

or emergency occurs in any area subject to the laws of any 

State, Territory, or the District of Columbia, the Governor 

of the State affected normally should be the principal civil 

authority supported by the primary Federal agency and its 

supporting Federal entities, and the Adjutant General of the 

State or his or her subordinate designee normally should be 

the principal military authority supported by the dual-status 

commander when acting in his or her State capacity. 

(3) RULE OF CONSTRUCTION.—Nothing in paragraphs (1) 

or (2) shall be construed to preclude or limit, in any way, 

the authorities of the President, the Secretary of Defense, or 

the Governor of any State to direct, control, and prescribe 

command and control arrangements for forces under their command. 

SEC. 516. AUTHORITY FOR ORDER TO ACTIVE DUTY OF UNITS OF THE 

SELECTED RESERVE FOR PREPLANNED MISSIONS IN SUPPORT OF THE COMBATANT COMMANDS. 

(a) AUTHORITY.— 

(1) IN GENERAL.—Chapter 1209 of title 10, United States 

Code, as amended by section 515, is further amended by 

inserting after section 12304a the following new section: 

‘‘§ 12304b. Selected Reserve: order to active duty for 

preplanned missions in support of the combatant 

commands 

‘‘(a) AUTHORITY.—When the Secretary of a military department 

determines that it is necessary to augment the active forces for 

a preplanned mission in support of a combatant command, the 

Secretary may, subject to subsection (b), order any unit of the 

Time period. 

10 USC 12304b. 

32 USC 317 note. 


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Selected Reserve (as defined in section 10143(a) of this title), without the consent of the members, to active duty for not more than 

365 consecutive days. 

‘‘(b) LIMITATIONS.—(1) Units may be ordered to active duty 

under this section only if— 

‘‘(A) the manpower and associated costs of such active 

duty are specifically included and identified in the defense 

budget materials for the fiscal year or years in which such 

units are anticipated to be ordered to active duty; and 

‘‘(B) the budget information on such costs includes a 

description of the mission for which such units are anticipated 

to be ordered to active duty and the anticipated length of 

time of the order of such units to active duty on an involuntary 

basis. 

‘‘(2) Not more than 60,000 members of the reserve components 

of the armed forces may be on active duty under this section 

at any one time. 

‘‘(c) EXCLUSION FROM STRENGTH LIMITATIONS.—Members 

ordered to active duty under this section shall not be counted 

in computing authorized strength in members on active duty or 

total number of members in grade under this title or any other 

law. 

‘‘(d) NOTICE TO CONGRESS.—Whenever the Secretary of a military department orders any unit of the Selected Reserve to active 

duty under subsection (a), such Secretary shall submit to Congress 

a report, in writing, setting forth the circumstances necessitating 

the action taken under this section and describing the anticipated 

use of such unit. 

‘‘(e) TERMINATION OF DUTY.—Whenever any unit of the Selected 

Reserve is ordered to active duty under subsection (a), the service 

of all units so ordered to active duty may be terminated— 

‘‘(1) by order of the Secretary of the military department 

concerned; or 

‘‘(2) by law. 

‘‘(f) RELATIONSHIP TO WAR POWERS RESOLUTION.—Nothing contained in this section shall be construed as amending or limiting 

the application of the provisions of the War Powers Resolution 

(50 U.S.C. 1541 et seq.). 

‘‘(g) CONSIDERATIONS FOR INVOLUNTARY ORDER TO ACTIVE

DUTY.—In determining which units of the Selected Reserve will 

be ordered to duty without their consent under this section, appropriate consideration shall be given to— 

‘‘(1) the length and nature of previous service, to assure 

such sharing of exposure to hazards as national security and 

military requirements will reasonably allow; 

‘‘(2) the frequency of assignments during service career; 

‘‘(3) family responsibilities; and 

‘‘(4) employment necessary to maintain the national health, 

safety, or interest. 

‘‘(h) POLICIES AND PROCEDURES.—The Secretaries of the military departments shall prescribe policies and procedures to carry 

out this section, including on determinations with respect to orders 

to active duty under subsection (g). Such policies and procedures 

shall not go into effect until approved by the Secretary of Defense. 

‘‘(i) DEFENSE BUDGET MATERIALS DEFINED.—In this section, 

the term ‘defense budget materials’ has the meaning given that 

term in section 231(g)(2) of this title.’’. 

Reports. 


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(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 1209 of such title, as so amended, is 

further amended by inserting after the item relating to section 

12304a the following new item: 

‘‘12304b. Selected Reserve: order to active duty for preplanned missions in support 

of the combatant commands.’’. 

(b) CLARIFYING AMENDMENTS RELATING TO AUTHORITY TO

ORDER TO ACTIVE DUTY OTHER THAN DURING WAR OR NATIONAL

EMERGENCY.—Section 12304(a) of such title is amended— 

(1) by inserting ‘‘named’’ before ‘‘operational mission’’; and 

(2) by striking ‘‘365 days’’ and inserting ‘‘365 consecutive 

days’’. 

SEC. 517. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR 

PROMOTION FOR RESERVE OFFICERS EMPLOYED AS MILITARY TECHNICIANS (DUAL STATUS). 

Section 14301 of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(i) RESERVE OFFICERS EMPLOYED AS MILITARY TECHNICIAN

(DUAL STATUS).—A reserve officer of the Army or Air Force employed 

as a military technician (dual status) under section 10216 of this 

title who has been retained beyond the mandatory removal date 

for years of service pursuant to subsection (f) of such section or 

section 14702(a)(2) of this title is not eligible for consideration 

for promotion by a mandatory promotion board convened under 

section 14101(a) of this title.’’. 

SEC. 518. CONSIDERATION OF RESERVE COMPONENT OFFICERS FOR 

APPOINTMENT TO CERTAIN COMMAND POSITIONS. 

Whenever officers of the Armed Forces are considered for 

appointment to the position of Commander, Army North Command 

or Commander, Air Force North Command, fully qualified officers 

of the National Guard and the Reserves shall be considered for 

appointment to such position. 

SEC. 519. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS 

A DISTINCT PERSONNEL MANAGEMENT CATEGORY. 

(a) INDEPENDENT STUDY REQUIRED.—The Secretary of Defense 

shall conduct an independent study of the feasibility and advisability of terminating the military technician as a distinct personnel 

management category of the Department of Defense. 

(b) ELEMENTS.—In conducting the study required by subsection 

(a), the Secretary shall— 

(1) identify various options for deploying units of the 

Selected Reserve of the Ready Reserve that otherwise use military technicians through use of a combination of active duty 

personnel, reserve component personnel, State civilian 

employees, and Federal civilian employees in a manner that 

meets mission requirements without harming unit readiness; 

(2) identify various means for the management by the 

Department of the transition of military technicians to a system 

that relies on traditional personnel categories of active duty 

personnel, reserve component personnel, and civilian personnel, 

and for the management of any effects of that transition on 

the pay and benefits of current military technicians (including 

means for mitigating or avoiding such effects in the course 

of such transition); 

10 USC 164 note. 


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(3) determine whether military technicians who are 

employed at the commencement of the transition described 

in paragraph (2) should remain as technicians, whether with 

or without a military status, until separation or retirement, 

rather than transitioned to such a traditional personnel category; 

(4) identify and take into account the unique needs of 

the National Guard in the management and use of military 

technicians; 

(5) determine potential cost savings, if any, to be achieved 

as a result of the transition described in paragraph (2), 

including savings in long-term mandatory entitlement costs 

associated with military and civil service retirement obligations; 

(6) develop a recommendation on the feasibility and advisability of terminating the military technician as a distinct personnel management category, and, if the termination is determined to be feasible and advisable, develop recommendations 

for appropriate legislative and administrative action to implement the termination; 

(7) address any other matter relating to the management 

and long-term viability of the military technician as a distinct 

personnel management category that the Secretary shall specify 

for purposes of the study; and 

(8) ensure the involvement and input of military technicians (dual status). 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). The report shall set forth the results of the study, 

including the matters specified in subsection (b), and include such 

comments and recommendations on the results of the study as 

the Secretary considers appropriate. 

Subtitle C—General Service Authorities 

SEC. 521. SENSE OF CONGRESS ON THE UNIQUE NATURE, DEMANDS, 

AND HARDSHIPS OF MILITARY SERVICE. 

It is the sense of Congress that— 

(1) section 8 (clauses 12, 13, and 14) of Article I of the 

Constitution of the United States commits exclusively to Congress the powers to raise and support armies, provide and 

maintain a Navy, and make rules for the government and 

regulation of the land and naval forces; 

(2) there is no constitutional right to serve in the Armed 

Forces; 

(3) pursuant to the powers conferred by section 8 of article 

I of the Constitution of the United States, it lies within the 

discretion of the Congress to establish qualifications for and 

conditions of service in the Armed Forces; 

(4) the primary purpose of the Armed Forces is to prepare 

for and to prevail in combat should the need arise; 

(5) the conduct of military operations requires members 

of the Armed Forces to make extraordinary sacrifices, including 

the ultimate sacrifice, in order to provide for the common 

defense; 

Recommendation. 

Determination. 

Determination. 


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(6) success in combat requires military units that are 

characterized by high morale, good order and discipline, and 

unit cohesion; 

(7) one of the most critical elements in combat capability 

is unit cohesion, that is, the bonds of trust among individual 

members of the Armed Forces that make the combat effectiveness of a military unit greater than the sum of the combat 

effectiveness of individual unit members; 

(8) military life is fundamentally different from civilian 

life in that— 

(A) the extraordinary responsibilities of the Armed 

Forces, the unique conditions of military service, and the 

critical role of unit cohesion require that the military 

community, while subject to civilian control, exist as a 

specialized society; and 

(B) the military society is characterized by its own 

laws, rules, customs, and traditions, including numerous 

restrictions on personal behavior, that would not be acceptable in civilian society; 

(9) the standards of conduct for members of the Armed 

Forces regulate a member’s life for 24 hours each day beginning 

at the moment the member enters military status and not 

ending until that person is discharged or otherwise separated 

from the Armed Forces; 

(10) those standards of conduct, including the Uniform 

Code of Military Justice, apply to a member of the Armed 

Forces at all times that the member has a military status, 

whether the member is on base or off base, and whether the 

member is on duty or off duty; 

(11) the pervasive application of the standards of conduct 

is necessary because members of the Armed Forces must be 

ready at all times for worldwide deployment to a combat 

environment; 

(12) the worldwide deployment of United States military 

forces, the international responsibilities of the United States, 

and the potential for involvement of the Armed Forces in actual 

combat routinely make it necessary for members of the Armed 

Forces involuntarily to accept living conditions and working 

conditions that are often spartan, primitive, and characterized 

by forced intimacy with little or no privacy; and 

(13) the Armed Forces must maintain personnel policies 

that are intended to recruit and retain only those persons 

whose presence in the Armed Forces serves the needs of the 

Armed Forces, contributes to the accomplishment of the missions of the Armed Forces, and maintains the high standards 

of the Armed Forces for morale, good order and discipline, 

and unit cohesion that are the essence of military capability. 

SEC. 522. POLICY ADDRESSING DWELL TIME AND MEASUREMENT AND 

DATA COLLECTION REGARDING UNIT OPERATING TEMPO 

AND PERSONNEL TEMPO. 

(a) POLICY ADDRESSING DWELL TIME.—Subsection (a) of section 

991 of title 10, United States Code, is amended by adding at 

the end the following new paragraph: 

‘‘(4) The Secretary of Defense shall prescribe a policy that 

addresses the amount of dwell time a member of the armed forces 


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or unit remains at the member’s or unit’s permanent duty station 

or home port, as the case may be, between deployments.’’. 

(b) UNIT OPERATING TEMPO AND PERSONNEL TEMPO RECORDKEEPING.—Subsection (c) of such section is amended to read as 

follows: 

‘‘(c) RECORDKEEPING.—(1) The Secretary of Defense shall— 

‘‘(A) establish a system for tracking and recording the 

number of days that each member of the armed forces is 

deployed; 

‘‘(B) prescribe policies and procedures for measuring operating tempo and personnel tempo; and 

‘‘(C) maintain a central data collection repository to provide 

information for research, actuarial analysis, interagency 

reporting, and evaluation of Department of Defense programs 

and policies. 

‘‘(2) The data collection repository shall be able to identify— 

‘‘(A) the active and reserve component units of the armed 

forces that are participating at the battalion, squadron, or 

an equivalent level (or a higher level) in contingency operations, 

major training events, and other exercises and contingencies 

of such a scale that the exercises and contingencies receive 

an official designation; and 

‘‘(B) the duration of their participation. 

‘‘(3) For each of the armed forces, the data collection repository 

shall be able to indicate, for a fiscal year— 

‘‘(A) the number of members who received the high-deployment allowance under section 436 of title 37 (or who would 

have been eligible to receive the allowance if the duty assignment was not excluded by the Secretary of Defense); 

‘‘(B) the number of members who received each rate of 

allowance paid (estimated in the case of members described 

in the parenthetical phrase in subparagraph (A)); 

‘‘(C) the number of months each member received the allowance (or would have received it in the case of members described 

in the parenthetical phrase in subparagraph (A)); and 

‘‘(D) the total amount expended on the allowance. 

‘‘(4) For each of the armed forces, the data collection repository 

shall be able to indicate, for a fiscal year, the number of days 

that high demand, low density units (as defined by the Chairman 

of the Joint Chiefs of Staff) were deployed, and whether these 

units met the force goals for limiting deployments, as described 

in the personnel tempo policies applicable to that armed force.’’. 

(c) DEFINITIONS.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(f) OTHER DEFINITIONS.—In this section: 

‘‘(1)(A) Subject to subparagraph (B), the term ‘dwell time’ 

means the time a member of the armed forces or a unit spends 

at the permanent duty station or home port after returning 

from a deployment. 

‘‘(B) The Secretary of Defense may modify the definition 

of dwell time specified in subparagraph (A). If the Secretary 

establishes a different definition of such term, the Secretary 

shall transmit the new definition to Congress. 

‘‘(2) The term ‘operating tempo’ means the rate at which 

units of the armed forces are involved in all military activities, 

including contingency operations, exercises, and training 

deployments. 


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‘‘(3) The term ‘personnel tempo’ means the amount of time 

members of the armed forces are engaged in their official duties 

at a location or under circumstances that make it infeasible 

for a member to spend off-duty time in the housing in which 

the member resides.’’. 

(d) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of section 991 of such 

title is amended to read as follows: 

‘‘§ 991. Management of deployments of members and 

measurement and data collection of unit operating 

and personnel tempo’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 50 of such title is amended by striking the 

item relating to section 991 and inserting the following new 

item: 

‘‘991. Management of deployments of members and measurement and data collection 

of unit operating and personnel tempo.’’. 

SEC. 523. PROTECTED COMMUNICATIONS BY MEMBERS OF THE ARMED 

FORCES AND PROHIBITION OF RETALIATORY PERSONNEL 

ACTIONS. 

Section 1034(c)(2) of title 10, United States Code, is amended 

by adding at the end the following new subparagraph: 

‘‘(C) A threat by another member of the armed forces 

or employee of the Federal Government that indicates a 

determination or intent to kill or cause serious bodily injury 

to members of the armed forces or civilians or damage 

to military, Federal, or civilian property.’’. 

SEC. 524. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE 

IN RESPONSE TO REVIEW OF PROPOSAL FOR AWARD OF 

MEDAL OF HONOR NOT PREVIOUSLY SUBMITTED IN 

TIMELY FASHION. 

Section 1130(b) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘If the determination includes a favorable recommendation for the award of the 

Medal of Honor, the Secretary of Defense, instead of the Secretary 

concerned, shall make the submission under this subsection.’’. 

SEC. 525. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED 

BY EARLY DISCHARGE AUTHORITY. 

Section 1171 of title 10, United States Code, is amended by 

striking ‘‘within three months’’ and inserting ‘‘within one year’’. 

SEC. 526. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS 

AUTHORITY. 

Section 1175a(k)(1) of title 10, United States Code, is amended 

by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 2018’’. 

SEC. 527. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS 

FOR UNSUITABILITY BASED ON THE SAME MEDICAL 

CONDITION FOR WHICH THEY WERE DETERMINED TO BE 

FIT FOR DUTY. 

(a) PROHIBITION.—Subsection (a) of section 1214a of title 10, 

United States Code, is amended by inserting ‘‘, or deny reenlistment 

of the member,’’ after ‘‘a member described in subsection (b)’’. 


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125 STAT. 1402 PUBLIC LAW 112–81—DEC. 31, 2011 

(b) CONFORMING AMENDMENT.—Subsection (c)(3) of such section 

is amended by inserting ‘‘or denial of reenlistment’’ after ‘‘to warrant 

administrative separation’’. 

(c) CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 1214a. Members determined fit for duty in Physical 

Evaluation Board: prohibition on involuntary 

administrative separation or denial of reenlistment due to unsuitability based on medical conditions considered in evaluation’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 61 of such title is amended by striking the 

item relating to section 1214a and inserting the following new 

item: 

‘‘1214a. Members determined fit for duty in Physical Evaluation Board: prohibition 

on involuntary administrative separation or denial of reenlistment due 

to unsuitability based on medical conditions considered in evaluation.’’. 

SEC. 528. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DISPOSITION OF REMAINS OF MEMBERS OF THE ARMED 

FORCES. 

Section 1482(c) of title 10, United States Code, is amended— 

(1) by striking ‘‘Only the’’ in the matter preceding paragraph (1) and inserting ‘‘The’’; 

(2) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; 

(3) in paragraph (5), as so redesignated, by striking ‘‘clauses 

(1)-(3)’’ and inserting ‘‘paragraphs (1) through (4)’’; and 

(4) by inserting before paragraph (2), as so redesignated, 

the following new paragraph: 

‘‘(1) The person identified by the decedent on the record 

of emergency data maintained by the Secretary concerned (DD 

Form 93 or any successor to that form), as the Person Authorized to Direct Disposition (PADD), regardless of the relationship 

of the designee to the decedent.’’. 

SEC. 529. MATTERS COVERED BY PRESEPARATION COUNSELING FOR 

MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES. 

Section 1142(b) of title 10, United States Code, is amended— 

(1) in paragraph (5), by striking ‘‘job placement counseling 

for the spouse’’ and inserting ‘‘inclusion of the spouse, at the 

discretion of the member and the spouse, when counseling 

regarding the matters covered by paragraphs (9), (10), and 

(16) is provided, job placement counseling for the spouse, and 

the provision of information on survivor benefits available 

under the laws administered by the Secretary of Defense or 

the Secretary of Veterans Affairs’’; 

(2) in paragraph (9), by inserting before the period the 

following: ‘‘, including information on budgeting, saving, credit, 

loans, and taxes’’; 

(3) in paragraph (10), by striking ‘‘and employment’’ and 

inserting ‘‘, employment, and financial’’; 

(4) by striking paragraph (16) and inserting the following 

new paragraph: 

‘‘(16) Information on home loan services and housing assistance benefits available under the laws administered by the 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1403 

Secretary of Veterans Affairs and counseling on responsible 

borrowing practices.’’; and 

(5) in paragraph (17), by inserting before the period the 

following: ‘‘, and information regarding the means by which 

the member can receive additional counseling regarding the 

member’s actual entitlement to such benefits and apply for 

such benefits’’. 

SEC. 530. CONVERSION OF HIGH-DEPLOYMENT ALLOWANCE FROM 

MANDATORY TO AUTHORIZED. 

(a) CONVERSION.—Section 436(a) of title 37, United States Code, 

is amended by striking ‘‘shall pay’’ and inserting ‘‘may pay’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the first day of the first month beginning 

on or after the date of the enactment of this Act. 

SEC. 531. EXTENSION OF AUTHORITY TO CONDUCT PROGRAMS ON 

CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE ARMED FORCES. 

(a) DURATION OF PROGRAM AUTHORITY.—Subsection (l) of section 533 of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 701 

note) is amended to read as follows: 

‘‘(l) DURATION OF PROGRAM AUTHORITY.—No member of the 

Armed Forces may be released from active duty under a pilot 

program conducted under this section after December 31, 2015.’’. 

(b) CONTINUATION OF ANNUAL LIMITATION ON SELECTION OF

PARTICIPANTS.—Subsection (c) of such section is amended by 

striking ‘‘each of calendar years 2009 through 2012’’ and inserting 

‘‘a calendar year’’. 

(c) ADDITIONAL REPORTS REQUIRED.—Subsection (k) of such 

section is amended— 

(1) in paragraph (1), by striking ‘‘June 1, 2011, and June 

1, 2013’’ and inserting ‘‘June 1 of 2011, 2013, 2015, and 2017’’; 

and 

(2) in paragraph (2), by striking ‘‘March 1, 2016’’ and 

inserting ‘‘March 1, 2019’’. 

SEC. 532. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF 

GRADUATES OF SECONDARY SCHOOLS. 

(a) EQUAL TREATMENT FOR SECONDARY SCHOOL GRADUATES.— 

(1) EQUAL TREATMENT.—For the purposes of recruitment 

and enlistment in the Armed Forces, the Secretary of a military 

department shall treat a graduate described in paragraph (2) 

in the same manner as a graduate of a secondary school (as 

defined in section 9101(38) of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801(38)). 

(2) COVERED GRADUATES.—Paragraph (1) applies with 

respect to person who— 

(A) receives a diploma from a secondary school that 

is legally operating; or 

(B) otherwise completes a program of secondary education in compliance with the education laws of the State 

in which the person resides. 

(b) POLICY ON RECRUITMENT AND ENLISTMENT.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall prescribe a policy on recruitment and enlistment 

that incorporates the following: 

Deadline. 

Applicability. 

10 USC 503 note. 

10 USC note 

prec. 701. 

37 USC 436 note. 


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125 STAT. 1404 PUBLIC LAW 112–81—DEC. 31, 2011 

(1) Means for identifying persons described in subsection 

(a)(2) who are qualified for recruitment and enlistment in the 

Armed Forces, which may include the use of a non-cognitive 

aptitude test, adaptive personality assessment, or other operational attrition screening tool to predict performance, behaviors, and attitudes of potential recruits that influence attrition 

and the ability to adapt to a regimented life in the Armed 

Forces. 

(2) Means for assessing how qualified persons fulfill their 

enlistment obligation. 

(3) Means for maintaining data, by each diploma source, 

which can be used to analyze attrition rates among qualified 

persons. 

(c) RECRUITMENT PLAN.—As part of the policy required by subsection (b), the Secretary of each of the military departments shall 

develop a recruitment plan that includes a marketing strategy 

for targeting various segments of potential recruits with all types 

of secondary education credentials. 

(d) COMMUNICATION PLAN.—The Secretary of each of the military departments shall develop a communication plan to ensure 

that the policy and recruitment plan are understood by military 

recruiters. 

SEC. 533. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM. 

(a) PROGRAM ENHANCEMENT.—The Secretary of Defense shall 

take appropriate actions to enhance the suicide prevention program 

of the Department of Defense through the provision of suicide 

prevention information and resources to members of the Armed 

Forces from their initial enlistment or appointment through their 

final retirement or separation. 

(b) COOPERATIVE EFFORT.—The Secretary of Defense shall 

develop suicide prevention information and resources in consultation with— 

(1) the Secretary of Veterans Affairs, the National Institute 

of Mental Health, and the Substance Abuse and Mental Health 

Services Administration of the Department of Health and 

Human Services; and 

(2) to the extent appropriate, institutions of higher education and other public and private entities, including international entities, with expertise regarding suicide prevention. 

(c) PRESEPARATION COUNSELING REGARDING SUICIDE PREVENTION RESOURCES.—Section 1142(b)(8) of title 10, United States 

Code, is amended by inserting before the period the following: 

‘‘and the availability to the member and dependents of suicide 

prevention resources following separation from the armed forces’’. 

Subtitle D—Military Justice and Legal 

Matters 

SEC. 541. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL 

ASSAULT, AND OTHER SEXUAL MISCONDUCT UNDER THE 

UNIFORM CODE OF MILITARY JUSTICE. 

(a) RAPE AND SEXUAL ASSAULT GENERALLY.—Section 920 of 

title 10, United States Code (article 120 of the Uniform Code 

of Military Justice), is amended as follows: 

10 USC 1071 

note. 

10 USC 1071 

note. 


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(1) REVISED OFFENSE OF RAPE.—Subsection (a) is amended 

to read as follows: 

‘‘(a) RAPE.—Any person subject to this chapter who commits 

a sexual act upon another person by— 

‘‘(1) using unlawful force against that other person; 

‘‘(2) using force causing or likely to cause death or grievous 

bodily harm to any person; 

‘‘(3) threatening or placing that other person in fear that 

any person will be subjected to death, grievous bodily harm, 

or kidnapping; 

‘‘(4) first rendering that other person unconscious; or 

‘‘(5) administering to that other person by force or threat 

of force, or without the knowledge or consent of that person, 

a drug, intoxicant, or other similar substance and thereby 

substantially impairing the ability of that other person to 

appraise or control conduct; 

is guilty of rape and shall be punished as a court-martial may 

direct.’’. 

(2) REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED

BY NEW ARTICLE 120b.—Subsections (b), (d), (f), (g), (i), (j), and 

(o) are repealed. 

(3) REVISED OFFENSE OF SEXUAL ASSAULT.—Subsection (c) 

is redesignated as subsection (b) and is amended to read as 

follows: 

‘‘(b) SEXUAL ASSAULT.—Any person subject to this chapter 

who— 

‘‘(1) commits a sexual act upon another person by— 

‘‘(A) threatening or placing that other person in fear; 

‘‘(B) causing bodily harm to that other person; 

‘‘(C) making a fraudulent representation that the 

sexual act serves a professional purpose; or 

‘‘(D) inducing a belief by any artifice, pretense, or 

concealment that the person is another person; 

‘‘(2) commits a sexual act upon another person when the 

person knows or reasonably should know that the other person 

is asleep, unconscious, or otherwise unaware that the sexual 

act is occurring; or 

‘‘(3) commits a sexual act upon another person when the 

other person is incapable of consenting to the sexual act due 

to— 

‘‘(A) impairment by any drug, intoxicant, or other 

similar substance, and that condition is known or reasonably should be known by the person; or 

‘‘(B) a mental disease or defect, or physical disability, 

and that condition is known or reasonably should be known 

by the person; 

is guilty of sexual assault and shall be punished as a court-martial 

may direct.’’. 

(4) AGGRAVATED SEXUAL CONTACT.—Subsection (e) is 

redesignated as subsection (c) and is amended— 

(A) by striking ‘‘engages in’’ and inserting ‘‘commits’’; 

and 

(B) by striking ‘‘with’’ and inserting ‘‘upon’’. 

(5) ABUSIVE SEXUAL CONTACT.—Subsection (h) is redesignated as subsection (d) and is amended— 

(A) by striking ‘‘engages in’’ and inserting ‘‘commits’’; 

(B) by striking ‘‘with’’ and inserting ‘‘upon’’; and 


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125 STAT. 1406 PUBLIC LAW 112–81—DEC. 31, 2011 

(C) by striking ‘‘subsection (c) (aggravated sexual 

assault)’’ and inserting ‘‘subsection (b) (sexual assault)’’. 

(6) REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED

BY NEW ARTICLE 120c.—Subsections (k), (l), (m), and (n) are 

repealed. 

(7) PROOF OF THREAT.—Subsection (p) is redesignated as 

subsection (e) and is amended— 

(A) by striking ‘‘the accused made’’ and inserting ‘‘a 

person made’’; 

(B) by striking ‘‘the accused actually’’ and inserting 

‘‘the person actually’’; and 

(C) by inserting before the period at the end the following: ‘‘or had the ability to carry out the threat’’. 

(8) DEFENSES.—Subsection (q) is redesignated as subsection 

(f) and is amended to read as follows: 

‘‘(f) DEFENSES.—An accused may raise any applicable defenses 

available under this chapter or the Rules for Court-Martial. Marriage is not a defense for any conduct in issue in any prosecution 

under this section.’’. 

(9) PROVISIONS RELATING TO AFFIRMATIVE DEFENSES.—Subsections (r) and (s) are repealed. 

(10) DEFINITIONS.—Subsection (t) is redesignated as subsection (g) and is amended— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by inserting ‘‘or anus or 

mouth’’ after ‘‘vulva’’; and 

(ii) in subparagraph (B)— 

(I) by striking ‘‘genital opening’’ and inserting 

‘‘vulva or anus or mouth,’’; and 

(II) by striking ‘‘a hand or finger’’ and inserting 

‘‘any part of the body’’; 

(B) by striking paragraph (2) and inserting the following: 

‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means— 

‘‘(A) touching, or causing another person to touch, 

either directly or through the clothing, the genitalia, anus, 

groin, breast, inner thigh, or buttocks of any person, with 

an intent to abuse, humiliate, or degrade any person; or 

‘‘(B) any touching, or causing another person to touch, 

either directly or through the clothing, any body part of 

any person, if done with an intent to arouse or gratify 

the sexual desire of any person. 

Touching may be accomplished by any part of the body.’’. 

(C) by striking paragraph (4) and redesignating paragraph (3) as paragraph (4); 

(D) by redesignating paragraph (8) as paragraph (3), 

transferring that paragraph so as to appear after paragraph 

(2), and amending that paragraph by inserting before the 

period at the end the following: ‘‘, including any nonconsensual sexual act or nonconsensual sexual contact’’; 

(E) in paragraph (4), as redesignated by subparagraph 

(C), by striking the last sentence; 

(F) by striking paragraphs (5) and (7); 

(G) by redesignating paragraph (6) as paragraph (7); 

(H) by inserting after paragraph (4), as redesignated 

by subparagraph (C), the following new paragraphs (5) 

and (6): 

Repeal. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1407 

‘‘(5) FORCE.—The term ‘force’ means— 

‘‘(A) the use of a weapon; 

‘‘(B) the use of such physical strength or violence as 

is sufficient to overcome, restrain, or injure a person; or 

‘‘(C) inflicting physical harm sufficient to coerce or 

compel submission by the victim. 

‘‘(6) UNLAWFUL FORCE.—The term ‘unlawful force’ means 

an act of force done without legal justification or excuse.’’; 

(I) in paragraph (7), as redesignated by subparagraph 

(G)— 

(i) by striking ‘‘under paragraph (3)’’ and all that 

follows through ‘‘contact),’’; and 

(ii) by striking ‘‘death, grievous bodily harm, or 

kidnapping’’ and inserting ‘‘the wrongful action contemplated by the communication or action.’’; 

(J) by striking paragraphs (9) through (13); 

(K) by redesignating paragraph (14) as paragraph (8) 

and in that paragraph— 

(i) by inserting ‘‘(A)’’ before ‘‘The term’’; 

(ii) by striking ‘‘words or overt acts indicating’’ 

and ‘‘sexual’’ in the first sentence; 

(iii) by striking ‘‘accused’s’’ in the third sentence; 

(iv) by inserting ‘‘or social or sexual’’ before ‘‘relationship’’ in the fourth sentence; 

(v) by striking ‘‘sexual’’ before ‘‘conduct’’ in the 

fourth sentence; 

(vi) by striking ‘‘A person cannot consent’’ and 

all that follows through the period; and 

(vii) by adding at the end the following new subparagraphs: 

‘‘(B) A sleeping, unconscious, or incompetent person 

cannot consent. A person cannot consent to force causing 

or likely to cause death or grievous bodily harm or to 

being rendered unconscious. A person cannot consent while 

under threat or in fear or under the circumstances 

described in subparagraph (C) or (D) of subsection (b)(1). 

‘‘(C) Lack of consent may be inferred based on the 

circumstances of the offense. All the surrounding circumstances are to be considered in determining whether 

a person gave consent, or whether a person did not resist 

or ceased to resist only because of another person’s 

actions.’’; and 

(L) by striking paragraphs (15) and (16). 

(11) SECTION HEADING.—The heading of such section 

(article) is amended to read as follows: 

‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 

(b) RAPE AND SEXUAL ASSAULT OF A CHILD.—Chapter 47 of 

such title (the Uniform Code of Military Justice) is amended by 

inserting after section 920a (article 120a), as amended by subsection 

(a), the following new section (article): 

‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 

‘‘(a) RAPE OF A CHILD.—Any person subject to this chapter 

who— 

‘‘(1) commits a sexual act upon a child who has not attained 

the age of 12 years; or 

10 USC 920b. 


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125 STAT. 1408 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(2) commits a sexual act upon a child who has attained 

the age of 12 years by— 

‘‘(A) using force against any person; 

‘‘(B) threatening or placing that child in fear; 

‘‘(C) rendering that child unconscious; or 

‘‘(D) administering to that child a drug, intoxicant, 

or other similar substance; 

is guilty of rape of a child and shall be punished as a courtmartial may direct. 

‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person subject to this 

chapter who commits a sexual act upon a child who has attained 

the age of 12 years is guilty of sexual assault of a child and 

shall be punished as a court-martial may direct. 

‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person subject to this 

chapter who commits a lewd act upon a child is guilty of sexual 

abuse of a child and shall be punished as a court-martial may 

direct. 

‘‘(d) AGE OF CHILD.— 

‘‘(1) UNDER 12 YEARS.—In a prosecution under this section, 

it need not be proven that the accused knew the age of the 

other person engaging in the sexual act or lewd act. It is 

not a defense that the accused reasonably believed that the 

child had attained the age of 12 years. 

‘‘(2) UNDER 16 YEARS.—In a prosecution under this section, 

it need not be proven that the accused knew that the other 

person engaging in the sexual act or lewd act had not attained 

the age of 16 years, but it is a defense in a prosecution under 

subsection (b) (sexual assault of a child) or subsection (c) (sexual 

abuse of a child), which the accused must prove by a preponderance of the evidence, that the accused reasonably believed 

that the child had attained the age of 16 years, if the child 

had in fact attained at least the age of 12 years. 

‘‘(e) PROOF OF THREAT.—In a prosecution under this section, 

in proving that a person made a threat, it need not be proven 

that the person actually intended to carry out the threat or had 

the ability to carry out the threat. 

‘‘(f) MARRIAGE.—In a prosecution under subsection (b) (sexual 

assault of a child) or subsection (c) (sexual abuse of a child), it 

is a defense, which the accused must prove by a preponderance 

of the evidence, that the persons engaging in the sexual act or 

lewd act were at that time married to each other, except where 

the accused commits a sexual act upon the person when the accused 

knows or reasonably should know that the other person is asleep, 

unconscious, or otherwise unaware that the sexual act is occurring 

or when the other person is incapable of consenting to the sexual 

act due to impairment by any drug, intoxicant, or other similar 

substance, and that condition was known or reasonably should 

have been known by the accused. 

‘‘(g) CONSENT.—Lack of consent is not an element and need 

not be proven in any prosecution under this section. A child not 

legally married to the person committing the sexual act, lewd 

act, or use of force cannot consent to any sexual act, lewd act, 

or use of force. 

‘‘(h) DEFINITIONS.—In this section: 

‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘sexual 

act’ and ‘sexual contact’ have the meanings given those terms 

in section 920(g) of this title (article 120(g)). 


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‘‘(2) FORCE.—The term ‘force’ means— 

‘‘(A) the use of a weapon; 

‘‘(B) the use of such physical strength or violence as 

is sufficient to overcome, restrain, or injure a child; or 

‘‘(C) inflicting physical harm. 

In the case of a parent-child or similar relationship, the use 

or abuse of parental or similar authority is sufficient to constitute the use of force. 

‘‘(3) THREATENING OR PLACING THAT CHILD IN FEAR.—The 

term ‘threatening or placing that child in fear’ means a communication or action that is of sufficient consequence to cause 

the child to fear that non-compliance will result in the child 

or another person being subjected to the action contemplated 

by the communication or action. 

‘‘(4) CHILD.—The term ‘child’ means any person who has 

not attained the age of 16 years. 

‘‘(5) LEWD ACT.—The term ‘lewd act’ means— 

‘‘(A) any sexual contact with a child; 

‘‘(B) intentionally exposing one’s genitalia, anus, buttocks, or female areola or nipple to a child by any means, 

including via any communication technology, with an intent 

to abuse, humiliate, or degrade any person, or to arouse 

or gratify the sexual desire of any person; 

‘‘(C) intentionally communicating indecent language to 

a child by any means, including via any communication 

technology, with an intent to abuse, humiliate, or degrade 

any person, or to arouse or gratify the sexual desire of 

any person; or 

‘‘(D) any indecent conduct, intentionally done with or 

in the presence of a child, including via any communication 

technology, that amounts to a form of immorality relating 

to sexual impurity which is grossly vulgar, obscene, and 

repugnant to common propriety, and tends to excite sexual 

desire or deprave morals with respect to sexual relations.’’. 

(c) OTHER SEXUAL MISCONDUCT.—Such chapter (the Uniform 

Code of Military Justice) is further amended by inserting after 

section 920b (article 120b), as added by subsection (b), the following 

new section: 

‘‘§ 920c. Art. 120c. Other sexual misconduct 

‘‘(a) INDECENT VIEWING, VISUAL RECORDING, OR BROADCASTING.—Any person subject to this chapter who, without legal 

justification or lawful authorization— 

‘‘(1) knowingly and wrongfully views the private area of 

another person, without that other person’s consent and under 

circumstances in which that other person has a reasonable 

expectation of privacy; 

‘‘(2) knowingly photographs, videotapes, films, or records 

by any means the private area of another person, without 

that other person’s consent and under circumstances in which 

that other person has a reasonable expectation of privacy; or 

‘‘(3) knowingly broadcasts or distributes any such recording 

that the person knew or reasonably should have known was 

made under the circumstances proscribed in paragraphs (1) 

and (2); 

is guilty of an offense under this section and shall be punished 

as a court-martial may direct. 

10 USC 920c. 


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‘‘(b) FORCIBLE PANDERING.—Any person subject to this chapter 

who compels another person to engage in an act of prostitution 

with any person is guilty of forcible pandering and shall be punished 

as a court-martial may direct. 

‘‘(c) INDECENT EXPOSURE.—Any person subject to this chapter 

who intentionally exposes, in an indecent manner, the genitalia, 

anus, buttocks, or female areola or nipple is guilty of indecent 

exposure and shall by punished as a court-martial may direct. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) ACT OF PROSTITUTION.—The term ‘act of prostitution’ 

means a sexual act or sexual contact (as defined in section 

920(g) of this title (article 120(g))) on account of which anything 

of value is given to, or received by, any person. 

‘‘(2) PRIVATE AREA.—The term ‘private area’ means the 

naked or underwear-clad genitalia, anus, buttocks, or female 

areola or nipple. 

‘‘(3) REASONABLE EXPECTATION OF PRIVACY.—The term 

‘under circumstances in which that other person has a reasonable expectation of privacy’ means— 

‘‘(A) circumstances in which a reasonable person would 

believe that he or she could disrobe in privacy, without 

being concerned that an image of a private area of the 

person was being captured; or 

‘‘(B) circumstances in which a reasonable person would 

believe that a private area of the person would not be 

visible to the public. 

‘‘(4) BROADCAST.—The term ‘broadcast’ means to electronically transmit a visual image with the intent that it be viewed 

by a person or persons. 

‘‘(5) DISTRIBUTE.—The term ‘distribute’ means delivering 

to the actual or constructive possession of another, including 

transmission by electronic means. 

‘‘(6) INDECENT MANNER.—The term ‘indecent manner’ 

means conduct that amounts to a form of immorality relating 

to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, and tends to excite sexual desire 

or deprave morals with respect to sexual relations.’’. 

(d) CONFORMING AMENDMENTS.—Chapter 47 of such title (the 

Uniform Code of Military Justice) is further amended as follows: 

(1) STATUTE OF LIMITATIONS.—Subparagraph (B) of section 

843(b)(2) (article 43(b)(2)) is amended— 

(A) in clause (i), by striking ‘‘section 920 of this title 

(article 120)’’ and inserting ‘‘section 920, 920a, 920b, or 

920c of this title (article 120, 120a, 120b, or 120c)’’; and 

(B) in clause (v)— 

(i) by striking ‘‘indecent assault’’; and 

(ii) by striking ‘‘or liberties with a child’’. 

(2) MURDER.—Paragraph (4) of section 918 (article 118) 

is amended by striking ‘‘aggravated sexual assault,’’ and all 

that follows through ‘‘with a child,’’ and inserting ‘‘sexual 

assault, sexual assault of a child, aggravated sexual contact, 

sexual abuse of a child,’’. 

(e) CLERICAL AMENDMENTS.—The table of sections at the beginning of subchapter X of such chapter (the Uniform Code of Military 

Justice) is amended by striking the items relating to sections 920 


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and 920a (articles 120 and 120a) and inserting the following new 

items: 

‘‘920. 120. Rape and sexual assault generally. 

‘‘920a. 120a. Stalking. 

‘‘920b. 120b. Rape and sexual assault of a child. 

‘‘920c. 120c. Other sexual misconduct.’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect 180 days after the date of the enactment of this 

Act and shall apply with respect to offenses committed on or after 

such effective date. 

SEC. 542. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY 

EVIDENCE. 

(a) EFFECT OF REFUSAL TO APPEAR OR TESTIFY.—Section 847 

of title 10, United States Code (article 47 of the Uniform Code 

of Military Justice), is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘board;’’ and inserting 

‘‘board, or has been duly issued a subpoena duces tecum 

for an investigation pursuant to section 832(b) of this title 

(article 32(b));’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘duly paid or tendered the fees 

and mileage of a witness’’ and inserting ‘‘provided a 

means for reimbursement from the Government for 

fees and mileage’’; and 

(ii) by inserting before the semicolon the following: 

‘‘or, in the case of extraordinary hardship, is advanced 

such fees and mileage’’; and 

(2) in subsection (c), by striking ‘‘or board’’ and inserting 

‘‘board, or convening authority’’. 

(b) TECHNICAL AMENDMENTS.—Subsection (a) of such section 

is further amended by striking ‘‘subpenaed’’ both places it appears 

and inserting ‘‘subpoenaed’’. 

(c) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to subpoenas issued after the date 

of the enactment of this Act. 

SEC. 543. CLARIFICATION OF APPLICATION AND EXTENT OF DIRECT 

ACCEPTANCE OF GIFTS AUTHORITY. 

Section 2601a of title 10, United States Code, is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘or’’ at the end of paragraph (1); 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following new 

paragraph: 

‘‘(2) in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense 

in accordance with the regulations prescribed under subsection 

(a); or’’; 

(2) in subsection (c), by striking ‘‘paragraph (1) or (2) of 

subsection (c)’’ and inserting ‘‘paragraph (1), (2) or (3) of subsection (b)’’; and 

(3) by adding at the end the following new subsection: 

‘‘(e) APPLICATION OF CERTAIN REGULATIONS.—To the extent provided in the regulations issued under subsection (a) to implement 

Applicability. 

10 USC 847 note. 

Applicability. 

10 USC 843 note. 


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subsection (b)(2), the regulations shall apply to the acceptance 

of gifts received after the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2012 for injuries or 

illnesses incurred on or after September 11, 2001.’’. 

SEC. 544. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH 

RESPECT TO THE PERFORMANCE OF MARRIAGES. 

A military chaplain who, as a matter of conscience or moral 

principle, does not wish to perform a marriage may not be required 

to do so. 

Subtitle E—Member Education and Training Opportunities and Administration 

SEC. 551. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE 

ARMED FORCES ON ACTIVE DUTY WHO ARE 

TRANSITIONING TO CIVILIAN LIFE. 

Section 1143 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(e) EMPLOYMENT SKILLS TRAINING.—(1) The Secretary of a 

military department may carry out one or more programs to provide 

eligible members of the armed forces under the jurisdiction of 

the Secretary with job training and employment skills training, 

including apprenticeship programs, to help prepare such members 

for employment in the civilian sector. 

‘‘(2) A member of the armed forces is an eligible member for 

purposes of a program under this subsection if the member— 

‘‘(A) has completed at least 180 days on active duty in 

the armed forces; and 

‘‘(B) is expected to be discharged or released from active 

duty in the armed forces within 180 days of the date of 

commencement of participation in such a program. 

‘‘(3) Any program under this subsection shall be carried out 

in accordance with regulations prescribed by the Secretary of 

Defense.’’. 

SEC. 552. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL 

MILITARY EDUCATION. 

(a) AUTHORITY TO CREDIT MILITARY GRADUATES OF THE

NATIONAL DEFENSE INTELLIGENCE COLLEGE WITH COMPLETION OF

JPME PHASE I.— 

(1) JOINT PROFESSIONAL MILITARY EDUCATION PHASE I.— 

Section 2154(a)(1) of title 10, United States Code, is amended 

by inserting ‘‘or at a joint intermediate level school’’ before 

the period at the end. 

(2) JOINT INTERMEDIATE LEVEL SCHOOL DEFINED.—Section 

2151(b) of such title is amended by adding at the end the 

following new paragraph: 

‘‘(3) The term ‘joint intermediate level school’ includes the 

National Defense Intelligence College.’’. 

(b) PILOT PROGRAM ON JPME PHASE II ON OTHER-THAN-IN

RESIDENCE BASIS.— 

(1) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 

may carry out a pilot program to assess the feasibility and 

advisability of offering a program of instruction for Phase II 

10 USC 2155 

note. 

10 USC note 

prec. 1030. 


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joint professional military education (JPME II) on an other 

than in-residence basis. 

(2) LOCATION.—The pilot program authorized by this subsection shall be carried out at the headquarters of not more 

than two combatant commands selected by the Secretary for 

purposes of the pilot program. 

(3) PROGRAM OF INSTRUCTION.—The program of instruction 

offered under the pilot program authorized by this subsection 

shall meet the requirements of section 2155 of title 10, United 

States Code. 

(4) REPORT.—Not later than one year before completion 

of the pilot program authorized by this subsection, the Secretary 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the pilot program. 

The report shall include the following: 

(A) The number of students enrolled at each location 

under the pilot program. 

(B) The number of students who successfully completed 

the program of instruction under the pilot program and 

were awarded credit for Phase II joint professional military 

education. 

(C) The assessment of the Secretary regarding the 

feasibility and advisability of expanding the pilot program 

to the headquarters of additional combatant commands, 

or of making the pilot program permanent, and a statement 

of the legislative or administrative actions required to 

implement such assessment. 

(5) SUNSET.—The authority in this subsection to carry out 

the pilot program shall expire on the date that is five years 

after the date of the enactment of this Act. 

SEC. 553. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO THE MILITARY SERVICE ACADEMIES. 

(a) WAIVER FOR CERTAIN ENLISTED MEMBERS.—The Secretary 

of the military department concerned may waive the maximum 

age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) 

of title 10, United States Code, for the admission of an enlisted 

member of the Armed Forces to the United States Military 

Academy, the United States Naval Academy, or the United States 

Air Force Academy if the member— 

(1) satisfies the eligibility requirements for admission to 

that academy (other than the maximum age limitation); and 

(2) was or is prevented from being admitted to a military 

service academy before the member reached the maximum 

age specified in such sections as a result of service on active 

duty in a theater of operations for Operation Iraqi Freedom, 

Operation Enduring Freedom, or Operation New Dawn. 

(b) MAXIMUM AGE FOR RECEIPT OF WAIVER.—A waiver may 

not be granted under this section if the candidate would pass 

the candidate’s twenty-sixth birthday by July 1 of the year in 

which the candidate would enter the military service academy 

pursuant to the waiver. 

(c) LIMITATION ON NUMBER ADMITTED USING WAIVER.—Not 

more than five candidates may be admitted to each of the military 

service academies for an academic year pursuant to a waiver 

granted under this section. 

10 USC 4346 

note. 


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(d) RECORD KEEPING REQUIREMENT.—The Secretary of each 

military department shall maintain records on the number of graduates of the military service academy under the jurisdiction of 

the Secretary who are admitted pursuant to a waiver granted 

under this section and who remain in the Armed Forces beyond 

the active duty service obligation assumed upon graduation. The 

Secretary shall compare their retention rate to the retention rate 

of graduates of that academy generally. 

(e) REPORTS.—Not later than April 1, 2016, the Secretary of 

each military department shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

specifying— 

(1) the number of applications for waivers received by 

the Secretary under this section; 

(2) the number of waivers granted by the Secretary under 

this section; 

(3) the number of candidates actually admitted to the military service academy under the jurisdiction of the Secretary 

pursuant to a waiver granted by the Secretary under this 

section; and 

(4) beginning with the class of 2009, the number of graduates of the military service academy under the jurisdiction 

of the Secretary who, before admission to that academy, were 

enlisted members of the Armed Forces and who remain in 

the Armed Forces beyond the active duty service obligation 

assumed upon graduation. 

(f) DURATION OF WAIVER AUTHORITY.—The authority to grant 

a waiver under this section expires on September 30, 2016. 

SEC. 554. ENHANCEMENT OF ADMINISTRATION OF THE UNITED 

STATES AIR FORCE INSTITUTE OF TECHNOLOGY. 

(a) IN GENERAL.—Chapter 901 of title 10, United States Code, 

is amended by inserting after section 9314a the following new 

section: 

‘‘§ 9314b. United States Air Force Institute of Technology: 

administration 

‘‘(a) COMMANDANT.— 

‘‘(1) SELECTION.—The Commandant of the United States 

Air Force Institute of Technology shall be selected by the Secretary of the Air Force. 

‘‘(2) ELIGIBILITY.—The Commandant shall be one of the 

following: 

‘‘(A) An officer of the Air Force on active duty in 

a grade not below the grade of colonel who possesses such 

qualifications as the Secretary considers appropriate and 

is assigned or detailed to such position. 

‘‘(B) A member of the Senior Executive Service or a 

civilian individual, including an individual who was retired 

from the Air Force in a grade not below brigadier general, 

who has the qualifications appropriate for the position of 

Commandant and is selected by the Secretary as the best 

qualified from among candidates for the position in accordance with a process and criteria determined by the Secretary. 

‘‘(3) TERM FOR CIVILIAN COMMANDANT.—An individual 

selected for the position of Commandant under paragraph (2)(B) 

10 USC 9314b. 


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shall serve in that position for a term of not more than five 

years and may be continued in that position for an additional 

term of up to five years. 

‘‘(b) PROVOST AND ACADEMIC DEAN.— ‘‘(1) IN GENERAL.—There is established at the United States 

Air Force Institute of Technology the civilian position of Provost 

and Academic Dean who shall be appointed by the Secretary. 

‘‘(2) TERM.—An individual appointed to the position of Provost and Academic Dean shall serve in that position for a 

term of five years. 

‘‘(3) COMPENSATION.—The individual serving as Provost and 

Academic Dean is entitled to such compensation for such service 

as the Secretary shall prescribe for purposes of this section, 

but not more than the rate of compensation authorized for 

level IV of the Executive Schedule.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 901 of such title is amended by inserting after 

the item relating to section 9314a the following new item: 

‘‘9314b. United States Air Force Institute of Technology: administration.’’. 

SEC. 555. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR 

INJURED FORMER OR RETIRED ENLISTED MEMBERS OF 

THE ARMED FORCES IN ASSOCIATE DEGREE PROGRAMS 

OF THE COMMUNITY COLLEGE OF THE AIR FORCE IN 

ORDER TO COMPLETE DEGREE PROGRAM. 

(a) IN GENERAL.—Section 9315 of title 10, United States Code, 

is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) SERIOUSLY WOUNDED, ILL, OR INJURED FORMER AND

RETIRED ENLISTED MEMBERS.—(1) The Secretary of the Air Force 

may authorize participation in a program of higher education under 

subsection (a)(1) by a person who is a former or retired enlisted 

member of the armed forces who at the time of the person’s separation from active duty— 

‘‘(A) had commenced but had not completed a program 

of higher education under subsection (a)(1); and 

‘‘(B) is categorized by the Secretary concerned as seriously 

wounded, ill, or injured. 

‘‘(2) For purposes of this subsection, a person who may be 

categorized as seriously wounded, ill, or injured is a person with 

a serious injury or illness (as that term is defined in section 1602(8) 

of the Wounded Warrior Act (title XVI of Public Law 110–181; 

10 U.S.C. 1071 note)). 

‘‘(3) A person may not be authorized under paragraph (1) to 

participate in a program of higher education after the end of the 

10-year period beginning on the date of the person’s separation 

from active duty. 

‘‘(4) The Secretary may not pay the tuition for participation 

in a program of higher education under subsection (a)(1) of a 

person participating in such program pursuant to an authorization 

under paragraph (1).’’. 

(b) CONFORMING AMENDMENTS.—Subsection (d) of such section, 

as redesignated by subsection (a)(1), is amended by striking 

‘‘enlisted member’’ both places it appears and inserting ‘‘person’’. 

Establishment. 

Appointment. 


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(c) EFFECTIVE DATE.—Subsection (c) of section 9315 of title 

10, United States Code (as added by subsection (a)(2)), shall apply 

to persons covered by paragraph (1) of such subsection who are 

categorized by the Secretary concerned as seriously wounded, ill, 

or injured after September 11, 2001. With respect to any such 

person who is separated from active duty during the period beginning on September 12, 2001, and ending on the date of the enactment of this Act, the 10-year period specified in paragraph (3) 

of such subsection shall be deemed to commence on the date of 

the enactment of this Act. 

SEC. 556. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND. 

(a) RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.— 

Section 16201 of title 10, United States Code, is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) MENTAL HEALTH PROFESSIONALS IN CRITICAL WARTIME

SPECIALTIES.—(1) Under the stipend program under this chapter, 

the Secretary of the military department concerned may enter into 

an agreement with a person who— 

‘‘(A) is eligible to be appointed as an officer in a reserve 

component; 

‘‘(B) is enrolled or has been accepted for enrollment in 

an institution in a course of study that results in a degree 

in clinical psychology or social work; 

‘‘(C) signs an agreement that, unless sooner separated, 

the person will— 

‘‘(i) complete the educational phase of the program; 

‘‘(ii) accept a reappointment or redesignation within 

the person’s reserve component, if tendered, based upon 

the person’s health profession, following satisfactory 

completion of the educational and intern programs; and 

‘‘(iii) participate in a residency program if required 

for clinical licensure in a mental health profession skill; 

and 

‘‘(D) if required by regulations prescribed by the Secretary 

of Defense, agrees to apply for, if eligible, and accept, if offered, 

residency training in a mental health profession skill that 

has been designated by the Secretary as a critically needed 

wartime skill. 

‘‘(2) Under the agreement— 

‘‘(A) the Secretary of the military department concerned 

shall agree to pay the participant a stipend, in the amount 

determined under subsection (g), for the period or the remainder 

of the period that the student is satisfactorily progressing 

toward a degree in clinical psychology or social work while 

enrolled in a school accredited in the designated mental health 

discipline; 

‘‘(B) the participant shall not be eligible to receive such 

stipend before appointment, designation, or assignment as an 

officer for service in the Selected Reserve; 

‘‘(C) the participant shall be subject to such active duty 

requirements as may be specified in the agreement and to 

active duty in time of war or national emergency as provided 

by law for members of the Selected Reserve; and 

Time period. 

Applicability. 

10 USC 9315 

note. 


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‘‘(D) the participant shall agree to serve, upon successful 

completion of the program, one year in the Selected Reserve 

for each six months, or part thereof, for which the stipend 

is provided.’’. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A), by 

striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’; and 

(2) in subsection (g), as redesignated by subsection (a)(1) 

of this section, by striking ‘‘subsection (b) or (c)’’ and inserting 

‘‘subsection (b), (c), or (f)’’. 

SEC. 557. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE 

TROOPS-TO-TEACHERS PROGRAM. 

(a) FISCAL YEAR 2012 ADMINISTRATION.—Notwithstanding section 2302(c) of the Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6672(c)), the Secretary of Defense may administer 

the Troops-to-Teachers Program during fiscal year 2012. Amounts 

authorized to be appropriated for the Department of Defense by 

this Act shall be available to the Secretary of Defense for that 

purpose. 

(b) REPORT.—Not later than April 1, 2012, the Secretary of 

Defense and the Secretary of Education shall jointly submit to 

the appropriate committees of Congress a report on the Troopsto-Teachers Program. The report shall include the following: 

(1) A summary of the funding of the Troops-to-Teachers 

Program since its inception and projected funding of the program during the period covered by the future-years defense 

program submitted to Congress during 2011. 

(2) The number of past participants in the Troops-toTeachers Program by year, the number of past participants 

who have fulfilled, and have not fulfilled, their service obligation under the program, and the number of waivers of such 

obligations (and the reasons for such waivers). 

(3) A discussion and assessment of the current and anticipated effects of recent economic circumstances in the United 

States, and cuts nationwide in State and local budgets, on 

the ability of participants in the Troops-to-Teachers Program 

to obtain teaching positions. 

(4) A discussion of the youth education goals in the Troopsto-Teachers Program and the record of the program to date 

in producing teachers in high-need and other eligible schools. 

(5) An assessment of the extent to which the Troops-toTeachers Program achieves its purpose as a military transition 

assistance program and, in particular, as transition assistance 

program for members of the Armed Forces who are nearing 

retirement or who are voluntarily or involuntarily separating 

from military service. 

(6) An assessment of the performance of the Troops-toTeachers Program in providing qualified teachers to high-need 

public schools, and reasons for expanding the program to additional school districts. 

(7) A discussion and assessment of the advisability of the 

administration of the Troops-to-Teachers Program by the 

Department of Education in consultation with the Department 

of Defense. 

(c) DEFINITIONS.—In this section: 


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(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committees on Armed Services and Health, 

Education, Labor, and Pensions of the Senate; and 

(B) the Committees on Armed Services and Education 

and the Workforce of the House of Representatives. 

(2) TROOPS-TO-TEACHERS PROGRAM.—The term ‘‘Troops-toTeachers Program’’ means the Troops-to-Teachers Program 

authorized by chapter A of subpart 1 of part C of title II 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6671 et seq.). 

SEC. 558. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING 

FOR SKILLS REQUIRED FOR MILITARY OCCUPATIONAL 

SPECIALTIES. 

(a) PILOT PROGRAM REQUIRED.—Commencing not later than 

nine months after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program to assess the 

feasibility and advisability of permitting enlisted members of the 

Armed Forces to obtain civilian credentialing or licensing for skills 

required for military occupational specialties (MOS) or qualification 

for duty specialty codes. 

(b) ELEMENTS.—In carrying out the pilot program, the Secretary 

shall— 

(1) designate not less than three or more than five military 

occupational specialities or duty speciality codes for coverage 

under the pilot program; and 

(2) permit enlisted members of the Armed Forces to obtain 

the credentials or licenses required for the specialities or codes 

so designated through civilian credentialing or licensing entities, institutions, or bodies selected by the Secretary for purposes of the pilot program, whether concurrently with military 

training, at the completion of military training, or both. 

(c) DURATION.—The Secretary shall complete the pilot program 

by not later than five years after the date of the commencement 

of the pilot program. 

(d) REPORT.—Not later than one year after commencement 

of the pilot program, the Secretary shall submit to Congress a 

report on the pilot program. The report shall set forth the following: 

(1) The number of enlisted members who participated in 

the pilot program. 

(2) A description of the costs incurred by the Department 

of Defense in connection with the receipt by members of 

credentialing or licensing under the pilot program. 

(3) A comparison of the cost associated with receipt by 

members of credentialing or licensing under the pilot program 

with the cost of receipt of similar credentialing or licensing 

by recently-discharged veterans of the Armed Forces under 

programs currently operated by the Department of Veterans 

Affairs and the Department of Labor. 

(4) The recommendation of the Secretary as to the feasibility and advisability of expanding the pilot program to additional military occupational specialties or duty specialty codes, 

and, if such expansion is considered feasible and advisable, 

a list of the military occupational specialties and duty specialty 

codes recommended for inclusion in the expansion. 

Effective date. 

10 USC 2015 

note. 


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SEC. 559. REPORT ON CERTAIN EDUCATION ASSISTANCE PROGRAMS. 

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

of enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on methods to increase the efficiency 

of the education assistance programs under sections 1784a and 

2007 of title 10, United States Code. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the effect of the programs on recruiting 

and retention within the Armed Forces. 

(2) An analysis of other programs that provide benefits 

similar to those provided through the programs, including the 

use of education assistance programs under chapters 30 and 

33 of title 38, United States Code, for education and training 

pursued by members of the Armed Forces serving on active 

duty while they are off-duty. 

(3) A description of the effects of modifying the programs 

to require members of the Armed Forces and dependents 

participating in the programs to pay an appropriate percentage 

of their education expenses with the Secretary of the military 

department concerned paying the remaining percentage of such 

expenses, with the intent of ensuring that members and their 

dependents give due consideration to their educational needs 

before enrolling in the programs. 

(4) A description of the costs of the programs to the Department of Defense, including the following elements for each 

institution of higher education that received funds under the 

programs during any of fiscal years 2009, 2010, 2011: 

(A) The name and location of the institution of higher 

education. 

(B) Whether the institution is a public, non-profit, or 

for-profit institution. 

(C) The amount of funds received by the institution 

in each such fiscal year. 

(D) The number of members of the Armed Forces and 

dependents who received education at the institution 

during each such fiscal year. 

(E) The average amount of funds members and dependents received under the programs. 

(5) A description of the education outcomes for members 

of the Armed Forces and dependents participating in the program during fiscal years, 2009, 2010, 2011, including the following: 

(A) Credit accumulation. 

(B) Completion of education on-time or within 150 

percent of on-time. 

(C) Completion of a degree. 

(D) Loan defaults, if applicable. 

(6) A description of the feasibility and desirability of 

requiring institutions of higher learning, as a requirement for 

participation in the programs, to report to the Secretary of 

Defense, as well as disclose, provide, and make publicly available through electronic or other means to members of the 

Armed Forces participating in the programs, the following 

information about their programs prior to enrollment: 


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(A) When applicable, qualifications for examination, 

certification, or licensure required as a precondition for 

employment in the occupation or skill for which the program is represented to prepare the student, and whether 

the program meets those requirements. 

(B) The normal and average time to completion of 

the program. Normal time to completion means the amount 

of time it would take a full-time student to complete the 

program. 

(C) The completion, graduation, and dropout rates of 

students for the institution. 

(D) Information concerning average student indebtedness for each program resulting from Federal, private, and 

institutional loans. 

(E) Whether the institution participates, or is eligible 

to participate, under in financial aid programs under title 

IV of the Higher Education Act of 1965. 

Subtitle F—Armed Forces Retirement 

Home 

SEC. 561. CONTROL AND ADMINISTRATION BY SECRETARY OF 

DEFENSE. 

Section 1511(d) of the Armed Forces Retirement Home Act 

of 1991 (24 U.S.C. 411(d)) is amended by adding at the end the 

following new paragraph: 

‘‘(3) The administration of the Retirement Home, including 

administration for the provision of health care and medical care 

for residents, shall remain under the control and administration 

of the Secretary of Defense.’’. 

SEC. 562. SENIOR MEDICAL ADVISOR OVERSIGHT OF HEALTH CARE 

PROVIDED TO RESIDENTS OF ARMED FORCES RETIREMENT HOME. 

(a) ADVISORY RESPONSIBILITIES OF SENIOR MEDICAL ADVISOR.— 

Subsection (b) of section 1513A of the Armed Forces Retirement 

Home Act of 1991 (24 U.S.C. 413a) is amended— 

(1) by striking ‘‘(1) The’’; and inserting ‘‘The’’; 

(2) by striking paragraph (2); and 

(3) by striking ‘‘and the Chief Operating Officer’’ and all 

that follows through the period at the end and inserting the 

following: ‘‘the Chief Operating Officer, and the Advisory 

Council regarding the direction and oversight of— 

‘‘(1) medical administrative matters at each facility of the 

Retirement Home; and 

‘‘(2) the provision of medical care, preventive mental health, 

and dental care services at each facility of the Retirement 

Home.’’. 

(b) RELATED DUTIES.—Subsection (c) of such section is amended 

by striking paragraphs (3), (4), and (5) and inserting the following 

new paragraphs: 

‘‘(3) Periodically visit each facility of the Retirement Home 

to review— 

‘‘(A) the medical facilities, medical operations, medical 

records and reports, and the quality of care provided to 

residents; and 

Review. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1421 

‘‘(B) inspections and audits to ensure that appropriate 

follow-up regarding issues and recommendations raised by 

such inspections and audits has occurred. 

‘‘(4) Report on the findings and recommendations developed 

as a result of each review conducted under paragraph (3) to 

the Chief Operating Officer, the Advisory Council, and the 

Under Secretary of Defense for Personnel and Readiness.’’. 

SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIREMENT HOME 

ADVISORY COUNCIL AND RESIDENT ADVISORY COMMITTEES. 

(a) REPLACEMENT OF LOCAL BOARDS OF TRUSTEES.—The Armed 

Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended 

by striking section 1516 and inserting the following new sections: 

‘‘SEC. 1516. ADVISORY COUNCIL. 

‘‘(a) ESTABLISHMENT.—The Retirement Home shall have an 

Advisory Council, to be known as the ‘Armed Forces Retirement 

Home Advisory Council’. The Advisory Council shall serve the 

interests of both facilities of the Retirement Home. 

‘‘(b) DUTIES.—(1) The Advisory Council shall provide to the 

Chief Operating Officer and the Administrator of each facility such 

guidance and recommendations on the administration of the Retirement Home and the quality of care provided to residents as the 

Advisory Council considers appropriate. 

‘‘(2) Not less often than annually, the Advisory Council shall 

submit to the Secretary of Defense a report summarizing its activities during the preceding year and providing such observations 

and recommendations with respect to the Retirement Home as 

the Advisory Council considers appropriate. 

‘‘(3) In carrying out its functions, the Advisory Council shall— 

‘‘(A) provide for participation in its activities by a representative of the Resident Advisory Committee of each facility of 

the Retirement Home; and 

‘‘(B) make recommendations to the Inspector General of 

the Department of Defense regarding issues that the Inspector 

General should investigate. 

‘‘(c) COMPOSITION.—(1) The Advisory Council shall consist of 

at least 15 members, each of whom shall be a full or part-time 

Federal employee or a member of the Armed Forces. 

‘‘(2) Members of the Advisory Council shall be designated by 

the Secretary of Defense, except that an individual who is not 

an employee of the Department of Defense shall be designated, 

in consultation with the Secretary of Defense, by the head of the 

Federal department or agency that employs the individual. 

‘‘(3) The Advisory Council shall include the following members: 

‘‘(A) One member who is an expert in nursing home or 

retirement home administration and financing. 

‘‘(B) One member who is an expert in gerontology. 

‘‘(C) One member who is an expert in financial management. 

‘‘(D) Two representatives of the Department of Veterans 

Affairs, one to be designated from each of the regional offices 

nearest in proximity to the facilities of the Retirement Home. 

‘‘(E) The Chairpersons of the Resident Advisory Committees. 

‘‘(F) One enlisted representative of the Services’ Retiree 

Advisory Council. 

Recommendations. 

24 USC 416. 

Reports. 


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125 STAT. 1422 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(G) The senior noncommissioned officer of one of the 

Armed Forces. 

‘‘(H) Two senior representatives of military medical treatment facilities, one to be designated from each of the military 

hospitals nearest in proximity to the facilities of the Retirement 

Home. 

‘‘(I) One senior judge advocate from one of the Armed 

Forces. 

‘‘(J) One senior representative of one of the chief personnel 

officers of the Armed Forces. 

‘‘(K) Such other members as the Secretary of Defense may 

designate. 

‘‘(4) The Administrator of the each facility of the Retirement 

Home shall be a nonvoting member of the Advisory Council. 

‘‘(5) The Secretary of Defense shall designate one member of 

the Advisory Council to serve as the Chairperson of the Advisory 

Council. The Chairperson shall conduct the meetings of the Advisory 

Council. 

‘‘(d) TERM OF SERVICE.—(1) Except as provided in paragraphs 

(2), (3), and (4), the term of service of a member of the Advisory 

Council shall be two years. The Secretary of Defense may designate 

a member to serve one additional term. 

‘‘(2) Unless earlier terminated by the Secretary of Defense, 

a person may continue to serve as a member of the Advisory 

Council after the expiration of the member’s term until a successor 

is designated. 

‘‘(3) The Secretary of Defense may terminate the term of service 

of a member of the Advisory Council before the expiration of the 

member’s term. 

‘‘(4) A member of the Advisory Council serves as a member 

of the Advisory Council only for as long as the member is assigned 

to or serving in a position for which the duties include the duty 

to serve as a member of the Advisory Council. 

‘‘(e) VACANCIES.—A vacancy in the Advisory Council shall be 

filled in the manner in which the original designation was made. 

A member designated to fill a vacancy occurring before the end 

of the term of the predecessor shall be designated for the remainder 

of the term of the predecessor. A vacancy in the Advisory Council 

shall not affect its authority to perform its duties. 

‘‘(f) COMPENSATION.—(1) Except as provided in paragraph (2), 

a member of the Advisory Council shall— 

‘‘(A) be provided a stipend consistent with the daily government consultant fee for each day on which the member is 

engaged in the performance of services for the Advisory Council; 

and 

‘‘(B) while away from home or regular place of business 

in the performance of services for the Advisory Council, be 

allowed travel expenses (including per diem in lieu of subsistence) in the same manner as a person employed intermittently 

in Government under sections 5701 through 5707 of title 5, 

United States Code. 

‘‘(2) A member of the Advisory Council who is a member of 

the Armed Forces on active duty or a full-time officer or employee 

of the United States shall receive no additional pay by reason 

of serving as a member of the Advisory Council. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1423 

‘‘SEC. 1516A. RESIDENT ADVISORY COMMITTEES. 

‘‘(a) ESTABLISHMENT AND PURPOSE.—(1) A Resident Advisory 

Committee is an elected body of residents at each facility of the 

Retirement Home established to provide a forum for all residents 

to express their needs, ideas, and interests through elected representatives of their respective floor or area. 

‘‘(2) A Resident Advisory Committee— 

‘‘(A) serves as a forum for ideas, recommendations, and 

representation to management of that facility of the Retirement 

Home to enhance the morale, safety, health, and well-being 

of residents; and 

‘‘(B) provides a means to communicate policy and general 

information between residents and management. 

‘‘(b) ELECTION PROCESS.—The election process for the Resident 

Advisory Committee at a facility of the Retirement Home shall 

be coordinated by the facility Ombudsman. 

‘‘(c) CHAIRPERSON.—(1) The Chairperson of a Resident Advisory 

Committee shall be elected at large and serve a two-year term. 

‘‘(2) Chairpersons serve as a liaison to the Administrator and 

are voting members of the Advisory Council. Chairpersons shall 

create meeting agendas, conduct the meetings, and provide a copy 

of the minutes to the Administrator, who will forward the copy 

to the Chief Operating Officer for approval. 

‘‘(d) MEETINGS.—At a minimum, meetings of a Resident 

Advisory Committee shall be conducted quarterly.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) DEFINITIONS.—Section 1502 of such Act (24 U.S.C. 401) 

is amended— 

(A) by striking paragraph (2); 

(B) by redesignating paragraph (3) as paragraph (2); 

and 

(C) by inserting after paragraph (2) (as so redesignated) 

the following new paragraphs: 

‘‘(3) The term ‘Advisory Council’ means the Armed Forces 

Retirement Home Advisory Council established under section 

1516. 

‘‘(4) The term ‘Resident Advisory Committee’ means an 

elected body of residents at a facility of the Retirement Home 

established under section 1516A.’’. 

(2) RESPONSIBILITIES OF CHIEF OPERATING OFFICER.—Section 1515(c)(2) of such Act (24 U.S.C. 415(c)(2)) is amended 

by striking ‘‘, including the Local Boards of those facilities’’. 

(3) INSPECTION OF RETIREMENT HOME.—Section 1518 of 

such Act (24 U.S.C. 418) is amended— 

(A) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘Local Board for 

the facility or the resident advisory committee or 

council’’ and inserting ‘‘Advisory Council or the Resident Advisory Committee’’; and 

(ii) in paragraph (3), by striking ‘‘Local Board for 

the facility, the resident advisory committee or council’’ 

and inserting ‘‘Advisory Council, the Resident Advisory 

Committee’’; 

(B) in subsection (c)(1), by striking ‘‘Local Board for 

the facility’’ and inserting ‘‘Advisory Council’’; and 

(C) in subsection (e)(1), by striking ‘‘Local Board for 

the facility’’ and inserting ‘‘Advisory Council’’. 

Records. 

24 USC 416a. 


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125 STAT. 1424 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES. 

(a) LEADERSHIP OF FACILITIES OF THE RETIREMENT HOME.— 

Section 1517 of the Armed Forces Retirement Home Act of 1991 

(24 U.S.C. 417) is amended— 

(1) in subsection (a), by striking ‘‘a Director, a Deputy 

Director, and an Associate Director’’ and inserting ‘‘an Administrator and an Ombudsman’’; 

(2) in subsections (b) and (c)— 

(A) by striking ‘‘DIRECTOR’’ in each subsection heading 

and inserting ‘‘ADMINISTRATOR’’; and 

(B) by striking ‘‘Director’’ each place it appears and 

inserting ‘‘Administrator’’; 

(3) by striking subsections (d) and (e) and redesignating 

subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and 

(g), respectively; 

(4) in subsection (d), as so redesignated— 

(A) by striking ‘‘ASSOCIATE DIRECTOR’’ in the subsection 

heading and inserting ‘‘OMBUDSMAN’’; and 

(B) by striking ‘‘Associate Director’’ in paragraphs (1) 

and (2) and inserting ‘‘Ombudsman’’; 

(5) in subsection (e), as so redesignated— 

(A) by striking ‘‘ASSOCIATE DIRECTOR.—’’ in the subsection heading and inserting ‘‘OMBUDSMAN.—(1)’’; 

(B) by striking ‘‘Associate Director’’ and inserting 

‘‘Ombudsman’’; 

(C) by striking ‘‘Director and Deputy Director’’ and 

inserting ‘‘Administrator’’; 

(D) by striking ‘‘Director may’’ and inserting ‘‘Administrator may’’; and 

(E) by adding at the end the following new paragraph: 

‘‘(2) The Ombudsman may provide information to the Administrator, the Chief Operating Officer, the Senior Medical Advisor, 

the Inspector General of the Department of Defense, and the Under 

Secretary of Defense for Personnel and Readiness.’’; 

(6) in subsection (f), as so redesignated, by striking 

‘‘Director’’ each place it appears and inserting ‘‘Administrator’’; 

and 

(7) in subsection (g), as so redesignated— 

(A) by striking ‘‘DIRECTORS’’ in the subsection heading 

and inserting ‘‘ADMINISTRATORS’’; 

(B) in paragraph (1), by striking ‘‘Directors’’ and 

inserting ‘‘Administrators’’; and 

(C) in paragraph (2), by striking ‘‘a Director’’ and 

inserting ‘‘an Administrator’’. 

(b) CONFORMING AMENDMENTS.— 

(1) REFERENCES TO DIRECTOR.—Sections 1511(d)(2), 1512(c), 

1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) 

of such Act are amended by striking ‘‘Director’’ each place 

it appears and inserting ‘‘Administrator’’. 

(2) REFERENCES TO DIRECTORS.—Sections 1514(b) and 

1520(c) of such Act (24 U.S.C. 414(b), 420(c)) are amended 

by striking ‘‘Directors’’ and inserting ‘‘Administrators’’. 

SEC. 565. REVISION OF FEE REQUIREMENTS. 

(a) LIMITATION ON MAXIMUM MONTHLY AMOUNT OF FEES.— 

Subsection (c)(3) of section 1514 of the Armed Forces Retirement 

24 USC 411, 412, 

414, 418, 420, 

422, 423. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1425 

Home Act of 1991 (24 U.S.C. 414) is amended by striking the 

last sentence. 

(b) REPEAL OF FORMER TRANSITIONAL FEE STRUCTURES.—Such 

section is further amended by striking subsection (d). 

SEC. 566. REVISION OF INSPECTION REQUIREMENTS. 

Section 1518 of the Armed Forces Retirement Home Act of 

1991 (24 U.S.C. 418) is amended— 

(1) in subsection (b)(1)— 

(A) by striking ‘‘In any year in which a facility of 

the Retirement Home is not inspected by a nationally recognized civilian accrediting organization,’’ and inserting ‘‘Not 

less often than once every three years,’’; 

(B) by striking ‘‘of that facility’’ and inserting ‘‘of each 

facility of the Retirement Home’’; and 

(C) by inserting ‘‘long-term care,’’ after ‘‘assisted 

living,’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘45 days’’ and 

inserting ‘‘90 days’’; and 

(B) by striking paragraph (2) and inserting the following new paragraph: 

‘‘(2) A report submitted under paragraph (1) shall include a 

plan by the Chief Operating Officer to address the recommendations 

and other matters contained in the report.’’; and 

(3) in subsection (e)(1)— 

(A) by striking ‘‘45 days’’ and inserting ‘‘60 days’’; and 

(B) by striking ‘‘Director of the facility concerned shall 

submit to the Under Secretary of Defense for Personnel 

and Readiness, the Chief Operating Officer’’ and inserting 

‘‘Chief Operating Officer shall submit to the Under Secretary of Defense for Personnel and Readiness, the Senior 

Medical Advisor’’. 

SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVISIONS AND 

TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. 

(a) REPEAL OF TRANSITIONAL PROVISIONS.—Part B of the Armed 

Forces Retirement Home Act of 1991, consisting of sections 1531, 

1532, and 1533 relating to transitional provisions for the Armed 

Forces Retirement Home Board and the Directors and Deputy Directors of the facilities of the Armed Forces Retirement Home (24 

U.S.C. 431, 432, 433), is repealed. 

(b) CORRECTION OF OBSOLETE REFERENCES TO RETIREMENT

HOME BOARD.— (1) ARMED FORCES RETIREMENT HOME ACT.—Section 

1519(a)(2) of the Armed Forces Retirement Home Act of 1991 

(24 U.S.C. 419(a)(2)) is amended by striking ‘‘Retirement Home 

Board’’ and inserting ‘‘Chief Operating Officer’’. 

(2) TITLE 10.— 

(A) DEFENSE OF CERTAIN SUITS.—Section 1089(g)(3) of 

title 10, United States Code, is amended by striking ‘‘Armed 

Forces Retirement Home Board’’ and inserting ‘‘Chief Operating Officer of the Armed Forces Retirement Home’’. 

(B) FINES AND FORFEITURES.—Section 2772(b) of title 

10, United States Code, is amended by striking ‘‘Armed 

Forces Retirement Home Board’’ and inserting ‘‘Chief Operating Officer of the Armed Forces Retirement Home’’. 

(c) SECTION HEADINGS.— 

Reports. 

Plans. 


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125 STAT. 1426 PUBLIC LAW 112–81—DEC. 31, 2011 

(1) SECTION 1501.—The heading of section 1501 of the 

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401 

note) is amended to read as follows: 

‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 

(2) SECTION 1513.—The heading of section 1513 of such 

Act (24 U.S.C. 413) is amended to read as follows: 

‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 

(3) SECTION 1513A.—The heading of section 1513A of such 

Act (24 U.S.C. 413a) is amended to read as follows: 

‘‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.’’. 

(4) SECTION 1517.—The heading of section 1517 of such 

Act (24 U.S.C. 417) is amended to read as follows: 

‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES.’’. 

(5) SECTION 1518.—The heading of section 1518 of such 

Act (24 U.S.C. 418) is amended to read as follows: 

‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES 

BY DEPARTMENT OF DEFENSE INSPECTOR GENERAL AND 

OUTSIDE INSPECTORS.’’. 

(6) PUNCTUATION.—The headings of sections 1512 and 1520 

of such Act (24 U.S.C. 412, 420) are amended by adding a 

period at the end. 

(d) PART A HEADER.—The heading for part A is repealed. 

(e) TABLE OF CONTENTS.—The table of contents in section 

1501(b) of such Act is amended— 

(1) by striking the item relating to the heading for part 

A; 

(2) by striking the items relating to sections 1513 and 

1513A and inserting the following new items: 

‘‘Sec. 1513. Services provided to residents. 

‘‘Sec. 1513A. Oversight of health care provided to residents.’’; 

(3) by striking the items relating to sections 1516, 1517, 

and 1518 and inserting the following: 

‘‘Sec. 1516. Advisory Council. 

‘‘Sec. 1516A. Resident Advisory Committees. 

‘‘Sec. 1517. Administrators, Ombudsmen, and staff of facilities. 

‘‘Sec. 1518. Periodic inspection of Retirement Home facilities by Department of Defense Inspector General and outside inspectors.’’; and 

(4) by striking the items relating to part B (including 

the items relating to sections 1531, 1532, and 1533). 

Subtitle G—Defense Dependents’ Education and Military Family Readiness 

Matters 

SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated for fiscal year 

2012 pursuant to section 301 and available for operation and 

maintenance for Defense-wide activities as specified in the funding 

table in section 4301, $5,000,000 shall be available for payments 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1427 

under section 363 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 

be appropriated for fiscal year 2012 by section 301 and available 

for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $30,000,000 shall be 

available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.—Of the amount authorized to be appropriated for 

fiscal year 2012 by section 301 and available for operation and 

maintenance for Defense-wide activities as specified in the funding 

table in section 4301, $10,000,000 shall be available only for the 

purpose of providing assistance to local educational agencies under 

subsection (b) of section 572 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 8013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 

SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORITIES ON TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES. 

(a) ADDITIONAL AUTHORITIES.—Paragraph (2)(B) of section 

574(d) of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended— 

(1) by inserting ‘‘grant assistance’’ after ‘‘To provide’’; and 

(2) by striking ‘‘including—‘‘ and all that follows and 

inserting ‘‘including programs on the following: 

‘‘(i) Access to virtual and distance learning capabilities 

and related applications. 

‘‘(ii) Training for teachers. 

‘‘(iii) Academic strategies to increase academic achievement. 

‘‘(iv) Curriculum development. 

‘‘(v) Support for practices that minimize the impact 

of transition and deployment. 

‘‘(vi) Other appropriate services to improve the academic achievement of such students.’’. 

(b) THREE-YEAR EXTENSION.—Paragraph (3) of such section is 

amended by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 2016’’. 

SEC. 574. REVISION TO MEMBERSHIP OF DEPARTMENT OF DEFENSE 

MILITARY FAMILY READINESS COUNCIL. 

Subsection (b) of section 1781a of title 10, United States Code, 

is amended to read as follows: 


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125 STAT. 1428 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(b) MEMBERS.—(1) The Council shall consist of the following 

members: 

‘‘(A) The Under Secretary of Defense for Personnel and 

Readiness, who shall serve as chair of the Council and who 

may designate a representative to chair the council in the 

Under Secretary’s absence. 

‘‘(B) The following persons, who shall be appointed or designated by the Secretary of Defense: 

‘‘(i) One representative of each of the Army, Navy, 

Marine Corps, and Air Force, each of whom shall be a 

member of the armed force to be represented. 

‘‘(ii) One representative of the Army National Guard 

or the Air National Guard, who may be a member of 

the National Guard. 

‘‘(iii) One spouse or parent of a member of each of 

the Army, Navy, Marine Corps, and Air Force, two of 

whom shall be the spouse or parent of an active component 

member and two of whom shall be the spouse or parent 

of a reserve component member. 

‘‘(C) Three individuals appointed by the Secretary of 

Defense from among representatives of military family 

organizations, including military family organizations of families of members of the regular components and of families 

of members of the reserve components. 

‘‘(D) The senior enlisted advisor from each of the Army, 

Navy, Marine Corps, and Air Force, except that two of these 

members may instead be selected from among the spouses 

of the senior enlisted advisors. 

‘‘(E) The Director of the Office of Community Support for 

Military Families with Special Needs. 

‘‘(2)(A) The term on the Council of the members appointed 

or designated under clauses (i) and (iii) of subparagraph (B) of 

paragraph (1) shall be two years and may be renewed by the 

Secretary of Defense. Representation on the Council under clause 

(ii) of that subparagraph shall rotate between the Army National 

Guard and Air National Guard every two years on a calendar 

year basis. 

‘‘(B) The term on the Council of the members appointed under 

subparagraph (C) of paragraph (1) shall be three years.’’. 

SEC. 575. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL 

GUARD DUTY. 

Section 4312(c)(4) of title 38, United States Code, is amended— 

(1) in subparagraph (D), by striking ‘‘or’’ at the end; 

(2) in subparagraph (E), by striking the period at the 

end and inserting ‘‘; or’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(F) ordered to full-time National Guard duty (other 

than for training) under section 502(f)(2)(A) of title 32 

when authorized by the President or the Secretary of 

Defense for the purpose of responding to a national emergency declared by the President and supported by Federal 

funds, as determined by the Secretary concerned.’’. 

SEC. 576. EXPANSION OF OPERATION HERO MILES. 

(a) EXPANDED DEFINITION OF TRAVEL BENEFIT.—Subsection (b) 

of section 2613 of title 10, United States Code, is amended to 

read as follows: 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1429 

‘‘(b) TRAVEL BENEFIT DEFINED.—In this section, the term ‘travel 

benefit’ means— 

‘‘(1) frequent traveler miles, credits for tickets, or tickets 

for air or surface transportation issued by an air carrier or 

a surface carrier, respectively, that serves the public; and 

‘‘(2) points or awards for free or reduced-cost accommodations issued by an inn, hotel, or other commercial establishment 

that provides lodging to transient guests.’’. 

(b) CONDITION ON AUTHORITY TO ACCEPT DONATION.—Subsection (c) of such section is amended— 

(1) by striking ‘‘the air or surface carrier’’ and inserting 

‘‘the business entity referred to in subsection (b)’’; 

(2) by striking ‘‘the surface carrier’’ and inserting ‘‘the 

business entity’’; and 

(3) by striking ‘‘the carrier’’ and inserting ‘‘the business 

entity’’. 

(c) ADMINISTRATION.—Subsection (e)(3) of such section is 

amended by striking ‘‘the air carrier or surface carrier’’ and 

inserting ‘‘the business entity referred to in subsection (b)’’. 

(d) STYLISTIC AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2613. Acceptance of frequent traveler miles, credits, points, 

and tickets: use to facilitate rest and recuperation 

travel of deployed members and their families’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 155 of such title is amended by striking the 

item relating to section 2613 and inserting the following new 

item: 

‘‘2613. Acceptance of frequent traveler miles, credits, points, and tickets: use to facilitate rest and recuperation travel of deployed members and their families.’’. 

SEC. 577. REPORT ON DEPARTMENT OF DEFENSE AUTISM PILOT AND 

DEMONSTRATION PROJECTS. 

(a) REPORT REQUIRED.—Not later than March 14, 2013, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the House of Representatives and the Senate a report 

on all pilot and demonstration projects and all other efforts being 

conducted by the Department of Defense on autism services. 

(b) MATTERS COVERED.—At a minimum, the report under subsection (a) shall include an assessment of the demand for autism 

treatment services by military families, including the intensity and 

volumes of use across specific diagnoses and age groups and the 

availability of qualified providers of such treatment services. 

SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES REPORT 

ON DEPARTMENT OF DEFENSE MILITARY SPOUSE 

EMPLOYMENT PROGRAMS. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall carry out a review of all current Department of Defense 

military spouse employment programs. 

(b) ELEMENTS.—The review required by subsection (a) shall, 

address, at a minimum, the following: 

(1) All current Department of Defense military spouse 

employment programs, and the efficacy and effectiveness of 

each such program. 

Review. 


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125 STAT. 1430 PUBLIC LAW 112–81—DEC. 31, 2011 

(2) The types of military spouse employment programs 

that have been considered or used in the past by the Department. 

(3) The ways in which military spouse employment programs have changed in recent years. 

(4) The benefits or programs that are specifically available 

to provide employment assistance to spouses of members of 

the Armed Forces serving in Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn, or any other 

contingency operation being conducted by the Armed Forces 

as of the date of such review. 

(5) Existing mechanisms available to military spouses to 

express their views on the effectiveness and future direction 

of Department programs and policies on employment assistance 

for military spouses. 

(6) The oversight provided by the Office of Personnel and 

Management regarding preferences for military spouses in Federal employment. 

(7) The total funding available to the Department for each 

military spouse employment program and the amount obligated 

by the Department for each such program. 

(8) The number (or a reasonable estimate if a precise 

number is not available) of military spouses who have obtained 

employment following participation in a Department military 

spouse employment program, as a whole and for each military 

spouse employment program. 

(c) COMPTROLLER GENERAL REPORT.—Not later than 180 days 

after the date of the enactment of this Act, the Comptroller General 

shall submit to the congressional defense committees a report on 

the review carried out under subsection (a). The report shall set 

forth the following: 

(1) The results of the review concerned. 

(2) Such clear and concrete metrics as the Comptroller 

General considers appropriate for the current and future 

evaluation and assessment of the efficacy and effectiveness 

of Department of Defense military spouse employment programs. 

(3) A description of the assumptions utilized in the review, 

and an assessment of the validity and completeness of such 

assumptions. 

(4) Such recommendations as the Comptroller General considers appropriate for improving Department military spouse 

employment programs. 

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

Forces 

SEC. 581. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE 

AND SERVICES OF SEXUAL ASSAULT RESPONSE 

COORDINATORS AND SEXUAL ASSAULT VICTIM ADVOCATES. 

(a) LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT.—Not 

later than 180 days after the date of the enactment of this Act, 

Deadline. 

Regulations. 

10 USC 1565b 

note. 


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the Secretaries of the military departments shall prescribe regulations on the provision of legal assistance to victims of sexual assault. 

Such regulations shall require that legal assistance be provided 

by military or civilian legal assistance counsel pursuant to section 

1044 of title 10, United States Code. 

(b) ASSISTANCE AND REPORTING.— 

(1) IN GENERAL.—Chapter 80 of title 10, United States 

Code, is amended by inserting after section 1565a the following 

new section: 

‘‘§ 1565b. Victims of sexual assault: access to legal assistance 

and services of Sexual Assault Response 

Coordinators and Sexual Assault Victim Advocates 

‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM ADVOCATE

SERVICES.—(1) A member of the armed forces, or a dependent 

of a member, who is the victim of a sexual assault may be provided 

the following: 

‘‘(A) Legal assistance provided by military or civilian legal 

assistance counsel pursuant to section 1044 of this title. 

‘‘(B) Assistance provided by a Sexual Assault Response 

Coordinator. 

‘‘(C) Assistance provided by a Sexual Assault Victim Advocate. 

‘‘(2) A member of the armed forces or dependent who is the 

victim of sexual assault shall be informed of the availability of 

assistance under paragraph (1) as soon as the member or dependent 

seeks assistance from a Sexual Assault Response Coordinator, a 

Sexual Assault Victim Advocate, a military criminal investigator, 

a victim/witness liaison, or a trial counsel. The member or 

dependent shall also be informed that the legal assistance and 

the services of a Sexual Assault Response Coordinator or a Sexual 

Assault Victim Advocate under paragraph (1) are optional and 

may be declined, in whole or in part, at any time. 

‘‘(3) Legal assistance and the services of Sexual Assault 

Response Coordinators and Sexual Assault Victim Advocates under 

paragraph (1) shall be available to a member or dependent regardless of whether the member or dependent elects unrestricted or 

restricted (confidential) reporting of the sexual assault. 

‘‘(b) RESTRICTED REPORTING.—(1) Under regulations prescribed 

by the Secretary of Defense, a member of the armed forces, or 

a dependent of a member, who is the victim of a sexual assault 

may elect to confidentially disclose the details of the assault to 

an individual specified in paragraph (2) and receive medical treatment, legal assistance under section 1044 of this title, or counseling, 

without initiating an official investigation of the allegations. 

‘‘(2) The individuals specified in this paragraph are the following: 

‘‘(A) A Sexual Assault Response Coordinator. 

‘‘(B) A Sexual Assault Victim Advocate. 

‘‘(C) Healthcare personnel specifically identified in the regulations required by paragraph (1).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 80 of such title is amended by inserting 

Regulations. 

10 USC 1565b. 


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after the item relating to section 1565a the following new 

item: 

‘‘1565b. Victims of sexual assault: access to legal assistance and services of Sexual 

Assault Response Coordinators and Sexual Assault Victim Advocates.’’. 

SEC. 582. CONSIDERATION OF APPLICATION FOR PERMANENT CHANGE 

OF STATION OR UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR VICTIM OF SEXUAL ASSAULT OR 

RELATED OFFENSE. 

(a) IN GENERAL.—Chapter 39 of title 10, United States Code, 

is amended by inserting after section 672 the following new section: 

‘‘§ 673. Consideration of application for permanent change 

of station or unit transfer for members on active 

duty who are the victim of a sexual assault or 

related offense 

‘‘(a) TIMELY CONSIDERATION AND ACTION.—The Secretary concerned shall provide for timely determination and action on an 

application for consideration of a change of station or unit transfer 

submitted by a member of the armed forces serving on active 

duty who was a victim of a sexual assault or other offense covered 

by section 920, 920a, or 920c of this title (article 120, 120a, or 

120c) so as to reduce the possibility of retaliation against the 

member for reporting the sexual assault or other offense. 

‘‘(b) REGULATIONS.—The Secretaries of the military departments shall issue regulations to carry out this section, within guidelines provided by the Secretary of Defense. These guidelines shall 

provide that the application submitted by a member described in 

subsection (a) for a change of station or unit transfer must be 

approved or disapproved by the member’s commanding officer 

within 72 hours of the submission of the application. Additionally, 

if the application is disapproved by the commanding officer, the 

member shall be given the opportunity to request review by the 

first general officer or flag officer in the chain of command of 

the member, and that decision must be made within 72 hours 

of submission of the request for review.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 672 the following new item: 

‘‘673. Consideration of application for permanent change of station or unit transfer 

for members on active duty who are the victim of a sexual assault or 

related offense.’’. 

SEC. 583. DIRECTOR OF SEXUAL ASSAULT PREVENTION AND 

RESPONSE OFFICE. 

Section 1611(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 

1561 note) is amended by adding before the period at the end 

of the first sentence the following: ‘‘, who shall be appointed from 

among general or flag officers of the Armed Forces or employees 

of the Department of Defense in a comparable Senior Executive 

Service position’’. 

SEC. 584. SEXUAL ASSAULT RESPONSE COORDINATORS AND SEXUAL 

ASSAULT VICTIM ADVOCATES. 

(a) ASSIGNMENT OF COORDINATORS.— 

10 USC 1561 

note. 

Guidelines. 

Determination. 

10 USC 673. 


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(1) ASSIGNMENT REQUIREMENTS.—At least one full-time 

Sexual Assault Response Coordinator shall be assigned to each 

brigade or equivalent unit level of the armed forces. The Secretary of the military department concerned may assign additional Sexual Assault Response Coordinators as necessary 

based on the demographics or needs of the unit. An additional 

Sexual Assault Response Coordinator may serve on a fulltime or part-time basis at the discretion of the Secretary. 

(2) ELIGIBLE PERSONS.—On and after October 1, 2013, only 

members of the armed forces and civilian employees of the 

Department of Defense may be assigned to duty as a Sexual 

Assault Response Coordinator. 

(b) ASSIGNMENT OF VICTIM ADVOCATES.— 

(1) ASSIGNMENT REQUIREMENTS.—At least one full-time 

Sexual Assault Victim Advocate shall be assigned to each brigade or equivalent unit level of the armed forces. The Secretary 

of the military department concerned may assign additional 

Victim Advocates as necessary based on the demographics or 

needs of the unit. An additional Victim Advocate may serve 

on a full-time or part-time basis at the discretion of the Secretary. 

(2) ELIGIBLE PERSONS.—On and after October 1, 2013, only 

members of the armed forces and civilian employees of the 

Department of Defense may be assigned to duty as a Victim 

Advocate. 

(c) TRAINING AND CERTIFICATION.— 

(1) TRAINING AND CERTIFICATION PROGRAM.—As part of the 

sexual assault prevention and response program, the Secretary 

of Defense shall establish a professional and uniform training 

and certification program for Sexual Assault Response 

Coordinators assigned under subsection (a) and Sexual Assault 

Victim Advocates assigned under subsection (b). The program 

shall be structured and administered in a manner similar to 

the professional training available for Equal Opportunity 

Advisors through the Defense Equal Opportunity Management 

Institute. 

(2) CONSULTATION.—In developing the curriculum and 

other components of the program, the Secretary of Defense 

shall work with experts outside of the Department of Defense 

who are experts in victim advocacy and sexual assault prevention and response training. 

(3) EFFECTIVE DATE.—On and after October 1, 2013, before 

a member or civilian employee may be assigned to duty as 

a Sexual Assault Response Coordinator under subsection (a) 

or Victim Advocate under subsection (b), the member or 

employee must have completed the training program required 

by paragraph (1) and obtained the certification. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘armed forces’’ means the Army, Navy, Air 

Force, and Marine Corps. 

(2) The term ‘‘sexual assault prevention and response program’’ has the meaning given such term in section 1601(a) 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note). 

Effective date. 

Effective date. 


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SEC. 585. TRAINING AND EDUCATION PROGRAMS FOR SEXUAL 

ASSAULT PREVENTION AND RESPONSE PROGRAM. 

(a) SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING AND

EDUCATION.— 

(1) DEVELOPMENT OF CURRICULUM.—Not later than one 

year after the date of the enactment of this Act, the Secretary 

of each military department shall develop a curriculum to provide sexual assault prevention and response training and education for members of the Armed Forces under the jurisdiction 

of the Secretary and civilian employees of the military department to strengthen individual knowledge, skills, and capacity 

to prevent and respond to sexual assault. In developing the 

curriculum, the Secretary shall work with experts outside of 

the Department of Defense who are experts sexual assault 

prevention and response training. 

(2) SCOPE OF TRAINING AND EDUCATION.—The sexual 

assault prevention and response training and education shall 

encompass initial entry and accession programs, annual 

refresher training, professional military education, peer education, and specialized leadership training. Training shall be 

tailored for specific leadership levels and local area requirements. 

(3) CONSISTENT TRAINING.—The Secretary of Defense shall 

ensure that the sexual assault prevention and response training 

provided to members of the Armed Forces and Department 

of Defense civilian employees is consistent throughout the military departments. 

(b) INCLUSION IN PROFESSIONAL MILITARY EDUCATION.—The 

Secretary of Defense shall provide for the inclusion of a sexual 

assault prevention and response training module at each level of 

professional military education. The training shall be tailored to 

the new responsibilities and leadership requirements of members 

of the Armed Forces as they are promoted. 

(c) INCLUSION IN FIRST RESPONDER TRAINING.— 

(1) IN GENERAL.—The Secretary of Defense shall direct 

that managers of specialty skills associated with first 

responders described in paragraph (2) integrate sexual assault 

response training in initial and recurring training courses. 

(2) COVERED FIRST RESPONDERS.—First responders referred 

to in paragraph (1) include firefighters, emergency medical 

technicians, law enforcement officers, military criminal investigators, healthcare personnel, judge advocates, and chaplains. 

SEC. 586. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON 

RETENTION AND ACCESS TO EVIDENCE AND RECORDS 

RELATING TO SEXUAL ASSAULTS INVOLVING MEMBERS OF 

THE ARMED FORCES. 

(a) COMPREHENSIVE POLICY ON RETENTION AND ACCESS TO

RECORDS.—Not later than October 1, 2012, the Secretary of Defense 

shall, in consultation with the Secretary of Veterans Affairs, develop 

a comprehensive policy for the Department of Defense on the retention of and access to evidence and records relating to sexual assaults 

involving members of the Armed Forces. 

(b) OBJECTIVES.—The comprehensive policy required by subsection (a) shall include policies and procedures (including systems 

of records) necessary to ensure preservation of records and evidence 

for periods of time that ensure that members of the Armed Forces 

10 USC 1561 

note. 

Deadline. 

10 USC 1561 

note. 

Deadline. 

10 USC 1561 

note. 


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and veterans of military service who were the victims of sexual 

assault during military service are able to substantiate claims for 

veterans benefits, to support criminal or civil prosecutions by military or civil authorities, and for such purposes relating to the 

documentation of the incidence of sexual assault in the Armed 

Forces as the Secretary of Defense considers appropriate. 

(c) ELEMENTS.—In developing the comprehensive policy 

required by subsection (a), the Secretary of Defense shall consider, 

at a minimum, the following matters: 

(1) Identification of records, including non-Department of 

Defense records, relating to an incident of sexual assault, that 

must be retained. 

(2) Criteria for collection and retention of records. 

(3) Identification of physical evidence and non-documentary 

forms of evidence relating to sexual assaults that must be 

retained. 

(4) Length of time records, including Department of Defense 

Forms 2910 and 2911, and evidence must be retained, except 

that— 

(A) the length of time physical evidence and forensic 

evidence must be retained shall be not less than five years; 

and 

(B) the length of time documentary evidence relating 

to sexual assaults must be retained shall be not less than 

the length of time investigative records relating to reports 

of sexual assaults of that type (restricted or unrestricted 

reports) must be retained. 

(5) Locations where records must be stored. 

(6) Media which may be used to preserve records and 

assure access, including an electronic systems of records. 

(7) Protection of privacy of individuals named in records 

and status of records under section 552 of title 5, United 

States Code (commonly referred to as the ‘‘Freedom of Information Act’’), section 552a of title 5, United States Code (commonly 

referred to as the ‘‘Privacy Act’’), restricted reporting cases, 

and laws related to privilege. 

(8) Access to records by victims of sexual assault, the 

Department of Veterans Affairs, and others, including alleged 

assailants and law enforcement authorities. 

(9) Responsibilities for record retention by the military 

departments. 

(10) Education and training on record retention requirements. 

(11) Uniform collection of data on the incidence of sexual 

assaults and on disciplinary actions taken in substantiated 

cases of sexual assault. 

(d) UNIFORM APPLICATION TO MILITARY DEPARTMENTS.—The 

Secretary of Defense shall ensure that, to the maximum extent 

practicable, the policy developed under subsection (a) is implemented uniformly by the military departments. 

(e) COPY OF RECORDS OF COURT-MARTIAL TO VICTIM OF SEXUAL

ASSAULT.—Section 854 of title 10, United States Code (article 54 

of the Uniform Code of Military Justice), is amended by adding 

at the end the following new subsection: 

‘‘(e) In the case of a general or special court-martial involving 

a sexual assault or other offense covered by section 920 of this 

title (article 120), a copy of all prepared records of the proceedings 

10 USC 1561 

note. 

10 USC 1561 

note. 


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of the court-martial shall be given to the victim of the offense 

if the victim testified during the proceedings. The records of the 

proceedings shall be provided without charge and as soon as the 

records are authenticated. The victim shall be notified of the opportunity to receive the records of the proceedings.’’. 

Subtitle I—Other Matters 

SEC. 588. DEPARTMENT OF DEFENSE AUTHORITY TO CARRY OUT PERSONNEL RECOVERY REINTEGRATION AND POST-ISOLATION SUPPORT ACTIVITIES. 

(a) IN GENERAL.—Chapter 53 of title 10, United States Code, 

is amended by inserting after section 1056 the following new section: 

‘‘§ 1056a. Reintegration of recovered Department of Defense 

personnel; post-isolation support activities for 

other recovered personnel 

‘‘(a) REINTEGRATION AND SUPPORT AUTHORIZED.—The Secretary 

of Defense may carry out the following: 

‘‘(1) Reintegration activities for recovered persons who are 

Department of Defense personnel. 

‘‘(2) Post-isolation support activities for or on behalf of 

other recovered persons who are officers or employees of the 

United States Government, military or civilian officers or 

employees of an allied or coalition partner of the United States, 

or other United States or foreign nationals. 

‘‘(b) ACTIVITIES AUTHORIZED.—(1) The activities authorized by 

subsection (a) for or on behalf of a recovered person may include 

the following: 

‘‘(A) The provision of food, clothing, necessary medical support, and essential sundry items for the recovered person. 

‘‘(B) In accordance with regulations prescribed by the Secretary of Defense, travel and transportation allowances for 

not more than three family members, or other designated 

individuals, determined by the commander or head of a military 

medical treatment facility to be beneficial for the reintegration 

of the recovered person and whose presence may contribute 

to improving the physical and mental health of the recovered 

person. 

‘‘(C) Transportation or reimbursement for transportation 

in connection with the attendance of the recovered person at 

events or functions determined by the commander or head 

of a military medical treatment facility to contribute to the 

physical and mental health of the recovered person. 

‘‘(2) Medical support may be provided under paragraph (1)(A) 

to a recovered person who is not a member of the armed forces 

for not more than 20 days. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘post-isolation support’, in the case of a 

recovered person, means— 

‘‘(A) the debriefing of the recovered person following 

a separation as described in paragraph (2); 

‘‘(B) activities to promote or support the physical and 

mental health of the recovered person following such a 

separation; and 

10 USC 1056a. 

Notification. 


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‘‘(C) other activities to facilitate return of the recovered 

person to military or civilian life as expeditiously as possible following such a separation. 

‘‘(2) The term ‘recovered person’ means an individual who 

is returned alive from separation (whether as an individual 

or a group) while participating in or in association with a 

United States-sponsored military activity or mission in which 

the individual was detained in isolation or held in captivity 

by a hostile entity. 

‘‘(3) The term ‘reintegration’, in the case of a recovered 

person, means— 

‘‘(A) the debriefing of the recovered person following 

a separation as described in paragraph (2); 

‘‘(B) activities to promote or support for the physical 

and mental health of the recovered person following such 

a separation; and 

‘‘(C) other activities to facilitate return of the recovered 

person to military duty or employment with the Department of Defense as expeditiously as possible following such 

a separation.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 53 of such title is amended by inserting after 

the item relating to section 1056 the following new item: 

‘‘1056a. Reintegration of recovered Department of Defense personnel; post-isolation 

support activities for other recovered personnel.’’. 

SEC. 589. MILITARY ADAPTIVE SPORTS PROGRAM. 

(a) PROGRAM AUTHORIZED.—Chapter 152 of title 10, United 

States Code, is amended by inserting after section 2564 the following new section: 

‘‘§ 2564a. Provision of assistance for adaptive sports programs for members of the armed forces 

‘‘(a) PROGRAM AUTHORIZED.—(1) The Secretary of Defense may 

establish a military adaptive sports program to support the provision of adaptive sports programming for members of the armed 

forces who are eligible to participate in adaptive sports because 

of an injury or wound incurred in the line of duty in the armed 

forces. 

‘‘(2) In establishing the military adaptive sports program, the 

Secretary of Defense shall— 

‘‘(A) consult with the Secretary of Veterans Affairs; and 

‘‘(B) avoid duplicating programs conducted by the Secretary 

of Veterans Affairs under section 521A of title 38. 

‘‘(b) PROVISION OF ASSISTANCE; PURPOSE.—(1) Under such criteria as the Secretary of Defense may establish under the military 

adaptive sports program, the Secretary may award grants to, or 

enter into contracts and cooperative agreements with, entities for 

the purpose of planning, developing, managing, and implementing 

adaptive sports programming for members described in subsection 

(a). 

‘‘(2) The Secretary of Defense shall use competitive procedures 

to award any grant or to enter into any contract or cooperative 

agreement under this subsection. 

‘‘(c) USE OF ASSISTANCE.—Assistance provided under the military adaptive sports program shall be used— 

‘‘(1) for the purposes specified in subsection (b); and 

Grants. 

Contracts. 

Consultation. 

10 USC 2564a. 


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‘‘(2) for such related activities and expenses as the Secretary of Defense may authorize.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 717 the following new item: 

‘‘2564a. Provision of assistance for adaptive sports programs for members of the 

armed forces.’’. 

SEC. 590. ENHANCEMENT AND IMPROVEMENT OF YELLOW RIBBON 

REINTEGRATION PROGRAM. 

(a) INCLUSION OF PROGRAMS OF OUTREACH IN PROGRAM.—Subsection (b) of section 582 of the National Defense Authorization 

Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended by 

inserting ‘‘(including programs of outreach)’’ after ‘‘informational 

events and activities’’. 

(b) RESTATEMENT OF FUNCTIONS OF CENTER FOR EXCELLENCE

IN REINTEGRATION AND INCLUSION IN FUNCTIONS OF IDENTIFICATION

OF BEST PRACTICES IN PROGRAMS OF OUTREACH.—Subsection (d)(2) 

of such section is amended by striking the second, third, and fourth 

sentences and inserting the following: ‘‘The Center shall have the 

following functions: 

‘‘(A) To collect and analyze ‘lessons learned’ and suggestions from State National Guard and Reserve organizations 

with existing or developing reintegration programs. 

‘‘(B) To assist in developing training aids and briefing 

materials and training representatives from State National 

Guard and Reserve organizations. 

‘‘(C) To develop and implement a process for evaluating 

the effectiveness of the Yellow Ribbon Reintegration Program in supporting the health and well-being of members 

of the Armed Forces and their families throughout the 

deployment cycle described in subsection (g). 

‘‘(D) To develop and implement a process for identifying 

best practices in the delivery of information and services 

in programs of outreach as described in subsection (j).’’. 

(c) STATE-LED PROGRAMS OF OUTREACH.—Such section is further amended by adding at the end the following new subsection: 

‘‘(j) STATE-LED PROGRAMS OF OUTREACH.—The Office for Reintegration Programs may work with the States, whether acting 

through or in coordination with their National Guard and Reserve 

organizations, to assist the States and such organizations in developing and carrying out programs of outreach for members of the 

Armed Forces and their families to inform and educate them on 

the assistance and services available to them under the Yellow 

Ribbon Reintegration Program, including the assistance and services described in subsection (h).’’. 

(d) SCOPE OF ACTIVITIES UNDER PROGRAMS OF OUTREACH.— Such section is further amended by adding at the end the following 

new subsection: 

‘‘(k) SCOPE OF ACTIVITIES UNDER PROGRAMS OF OUTREACH.— 

For purposes of this section, the activities and services provided 

under programs of outreach may include personalized and substantive care coordination services targeted specifically to individual 

members of the Armed Forces and their families.’’. 

SEC. 591. ARMY NATIONAL MILITARY CEMETERIES. 

(a) MANAGEMENT RESPONSIBILITIES AND OVERSIGHT.— 


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(1) IN GENERAL.—Title 10, United States Code, is amended 

by inserting after chapter 445 the following new chapter: 

‘‘CHAPTER 446—ARMY NATIONAL MILITARY 

CEMETERIES 

‘‘Sec. 

‘‘4721. Authority and responsibilities of the Secretary of the Army. 

‘‘4722. Interment and inurnment policy. 

‘‘4723. Advisory committee on Arlington National Cemetery. 

‘‘4724. Executive Director. 

‘‘4725. Superintendents. 

‘‘4726. Oversight and inspections. 

‘‘§ 4721. Authority and responsibilities of the Secretary of 

the Army 

‘‘(a) GENERAL AUTHORITY.—The Secretary of the Army shall 

develop, operate, manage, administer, oversee, and fund the Army 

National Military Cemeteries specified in subsection (b) in a manner 

and to standards that fully honor the service and sacrifices of 

the deceased members of the armed forces buried or inurned in 

the Cemeteries. 

‘‘(b) ARMY NATIONAL MILITARY CEMETERIES.—The Army 

National Military Cemeteries (in this chapter referred to as the 

‘Cemeteries’) consist of the following: 

‘‘(1) Arlington National Cemetery in Arlington, Virginia. 

‘‘(2) The United States Soldiers’ and Airmen’s Home 

National Cemetery in the District of Colombia. 

‘‘(c) ADMINISTRATIVE JURISDICTION.—The Cemeteries shall be 

under the jurisdiction of Headquarters, Department of the Army. 

‘‘(d) REGULATIONS AND OTHER POLICIES.—The Secretary of the 

Army shall prescribe such regulations and policies as may be necessary to administer the Cemeteries. 

‘‘(e) BUDGETARY AND REPORTING REQUIREMENTS.—The Secretary of the Army shall submit to the congressional defense 

committees and the Committees on Veterans’ Affairs of the Senate 

and House of Representatives an annual budget request (and 

detailed justifications for the amount of the request) to fund 

administration, operation and maintenance, and construction 

related to the Cemeteries. The Secretary may include, as necessary, 

proposals for new or amended statutory authority related to the 

Cemeteries. 

‘‘§ 4722. Interment and inurnment policy 

‘‘(a) ELIGIBILITY DETERMINATIONS GENERALLY.—(1) The Secretary of the Army, with the approval of the Secretary of Defense, 

shall determine eligibility for interment or inurnment in the Cemeteries. 

‘‘(2) The Secretary of the Army, with the approval of the Secretary of Defense, shall establish policy and procedures for 

reviewing and determining requests for exceptions to interment 

and inurnment eligibility policy, which shall include a requirement, 

before granting the request for an exception, for notification of 

the Committees on Armed Services and the Committees on Veterans 

Affairs of the Senate and the House of Representatives. 

‘‘(b) REMOVAL OF REMAINS.—Under such regulations as the 

Secretary of the Army may prescribe under section 4721(d) of this 

title, the Secretary of the Army may authorize the removal of 

Notification. 

10 USC 4722. 

10 USC 4721. 


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the remains of a person described in subsection (c) from one of 

the Cemeteries for re-interment or re-inurnment if, upon the death 

of the primary person eligible for interment or inurnment in the 

Cemeteries, the deceased primary eligible person will not be buried 

in the same or an adjoining grave. 

‘‘(c) COVERED PERSONS.—Except as provided in subsection (d), 

the persons whose remains may be removed pursuant to subsection 

(b) are the deceased spouse, a minor child, and, in the discretion 

of the Secretary of the Army, an unmarried adult child of a member 

eligible for interment or inurnment in the Cemeteries. 

‘‘(d) EXCEPTIONS.—The remains of a person described in subsection (c) may not be removed from one of the Cemeteries under 

subsection (b) if the primary person eligible for burial in the Cemeteries is a person— 

‘‘(1) who is missing in action; 

‘‘(2) whose remains have not been recovered or identified; 

‘‘(3) whose remains were buried at sea, whether by the 

choice of the person or otherwise; 

‘‘(4) whose remains were donated to science; or 

‘‘(5) whose remains were cremated and whose ashes were 

scattered without interment of any portion of the ashes. 

‘‘§ 4723. Advisory committee on Arlington National Cemetery 

‘‘(a) APPOINTMENT.—The Secretary of the Army shall appoint 

an advisory committee on Arlington National Cemetery. 

‘‘(b) ROLE.—The Secretary of the Army shall advise and consult 

with the advisory committee with respect to the administration 

of Arlington National Cemetery, the erection of memorials at the 

cemetery, and master planning for the cemetery. 

‘‘(c) REPORTS AND RECOMMENDATIONS.—The advisory committee 

shall make periodic reports and recommendations to the Secretary 

of the Army. 

‘‘(d) SUBMISSION TO CONGRESS.—Not later than 90 days after 

receiving a report or recommendations from the advisory committee 

under subsection (c), the Secretary of the Army shall submit the 

report or recommendations to the congressional defense committees 

and the Committees on Veterans’ Affairs of the Senate and House 

of Representatives and include such comments and recommendations of the Secretary as the Secretary considers appropriate. 

‘‘§ 4724. Executive Director 

‘‘(a) APPOINTMENT AND QUALIFICATIONS.—(1) There shall be 

an Executive Director of the Army National Military Cemeteries 

who shall meet such professional qualifications as may be established by the Secretary of the Army. 

‘‘(2) The Executive Director reports directly to the Secretary. 

‘‘(b) RESPONSIBILITIES.—The Executive Director is responsible 

for the following: 

‘‘(1) Exercising authority, direction and control over all 

aspects of the Cemeteries. 

‘‘(2) Establishing and maintaining full accountability for 

all gravesites and inurnment niches in the Cemeteries. 

‘‘(3) Oversight of the construction, operation and maintenance, and repair of the buildings, structures, and utilities 

of the Cemeteries. 

‘‘(4) Acquisition and maintenance of real property and 

interests in real property for the Cemeteries. 

10 USC 4724. 

Deadline. 

Reports. 

Consultation. 

10 USC 4723. 


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‘‘(5) Planning and conducting private ceremonies at the 

Cemeteries, including funeral and memorial services for interment and inurnment, and planning and conducting public ceremonies, as directed by the Secretary of the Army. 

‘‘(6) Formulating, promulgating, administering, and overseeing policies and addressing proposals for the placement of 

memorials and monuments in the Cemeteries. 

‘‘(7) Formulating and implementing a master plan for 

Arlington National Cemetery that, at a minimum, addresses 

interment and inurnment capacity, visitor accommodation, 

operation and maintenance, capital requirements, preservation 

of the cemetery’s special features, and other matters the Executive Director considers appropriate. 

‘‘(8) Overseeing the programming, planning, budgeting, and 

execution of funds authorized and appropriated for the Cemeteries. 

‘‘(9) Providing recommendations regarding any request for 

an exception to interment and inurnment eligibility policy. 

‘‘(10) Supervising the superintendents of the Cemeteries. 

‘‘§ 4725. Superintendents 

‘‘(a) APPOINTMENT AND QUALIFICATIONS.—An individual serving 

as the superintendent of one of the Cemeteries should have, as 

determined by the Secretary of the Army— 

‘‘(1) experience in the administration, management, and 

operation of cemeteries under the jurisdiction of the National 

Cemeteries System administered by the Department of Veterans Affairs; or 

‘‘(2) experience in the administration, management, and 

operation of large civilian cemeteries equivalent to the experience described in paragraph (1). 

‘‘(b) DUTIES.—The superintendents of the Cemeteries report 

directly to the Executive Director and performs such duties and 

responsibilities as the Executive Director prescribes. 

‘‘§ 4726. Oversight and inspections 

‘‘(a) INSPECTIONS REQUIRED.—The Secretary of the Army shall 

provide for the oversight of the Cemeteries to ensure the highest 

quality standards are maintained by providing for the periodic 

inspection of the administration, operation and maintenance, and 

construction elements applicable to the Cemeteries. The inspections 

shall be conducted by personnel of the Department of the Army 

with the assistance, as the Secretary considers appropriate, of personnel from other Federal agencies and civilian experts. 

‘‘(b) SUBMISSION OF RESULTS.—Not later than 120 days after 

the completion of an inspection conducted under subsection (a), 

the Secretary of the Army shall submit to the congressional defense 

committees a report containing the results of the inspection and 

recommendations and a plan for corrective actions to be taken 

in response to the inspection.’’. 

(2) TABLE OF CHAPTERS.—The table of chapters at the 

beginning of subtitle B of such title and at the beginning 

of part IV of such subtitle are amended by inserting after 

the item relating to chapter 445 the following new item: 

‘‘446. Army National Military Cemeteries ............................................................ 4721’’. 

(b) DIGITIZATION OF ARLINGTON NATIONAL CEMETERY INTER- MENT AND INURNMENT RECORDS.— 

Deadline. 

Reports. 

10 USC 4726. 

10 USC 4725. 


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(1) DEADLINE FOR CONVERSION AND USE.—Not later than 

June 1, 2012, all records related to interments and inurnments 

at Arlington National Cemetery shall be converted to a digitized 

format. Thereafter, use of the digitized format shall be the 

method by which all subsequent records related to interments 

and inurnments at Arlington National Cemetery are preserved 

and utilized. 

(2) DIGITIZED FORMAT DEFINED.—In this subsection, the 

term ‘‘digitized format’’ refers to the use of an electronic database for recordkeeping and includes the full accounting of all 

records of each specific gravesite and niche location at Arlington 

National Cemetery and the identification of the individual 

interred or inurned at each specific gravesite and niche location. 

(c) ADDITIONAL INSPECTION REQUIREMENT.—During fiscal years 

2013 and 2015, the Inspector General of the Department of Defense 

shall conduct an inspection of— 

(1) Arlington National Cemetery in Arlington, Virginia; 

and 

(2) the United States Soldiers’ and Airmen’s Home National 

Cemetery in the District of Colombia. 

SEC. 592. INSPECTION OF MILITARY CEMETERIES UNDER JURISDICTION OF THE MILITARY DEPARTMENTS. 

(a) INSPECTION AND RECOMMENDATIONS REQUIRED.—The 

Inspector General of each military department shall conduct an 

inspection of each military cemetery under the jurisdiction of that 

military department and, based on the findings of those inspections, 

make recommendations for the regulation, management, oversight, 

and operation of the military cemeteries. 

(b) ELEMENTS OF INSPECTION.—The inspection of military cemeteries conducted by the Inspector General of a military department 

under subsection (a) shall include an assessment of the following: 

(1) The adequacy of the statutes, policies, and regulations 

governing the management, oversight, operations, and interments or inurnments (or both) by the military cemeteries under 

the jurisdiction of that military department and the adherence 

of such military cemeteries to such statutes, policies, and regulations. 

(2) The system employed to fully account for and accurately 

identify the remains interred or inurned in such military cemeteries. 

(3) The contracts and contracting processes and oversight 

of those contracts and processes with regard to compliance 

with Department of Defense and military department guidelines. 

(4) The history and adequacy of the oversight conducted 

by the Secretary of the military department over such military 

cemeteries and the adequacy of corrective actions taken as 

a result of that oversight. 

(5) The statutory and policy guidance governing the 

authorization for the Secretary of the military department to 

operate such military cemeteries and an assessment of the 

budget and appropriations structure and history of such military cemeteries. 

(6) Such other matters as the Inspector General considers 

to be appropriate. 

(c) INSPECTION OF ADDITIONAL CEMETERIES.— 


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(1) INSPECTION REQUIRED.—In addition to the inspections 

required by subsection (a), the Inspector General of the Department of Defense shall conduct an inspection of a statistically 

valid sample of cemeteries located at current or former military 

installations inside and outside the United States that are 

under the jurisdiction of the military departments for the purpose of obtaining an assessment of the adequacy of and adherence to the statutes, policies, and regulations governing the 

management, oversight, operations, and interments or 

inurnments (or both) by those cemeteries. 

(2) EXCLUSION.—Paragraph (1) does not apply to the cemeteries maintained by the American Battle Monuments Commission and the military cemeteries identified in subsection (e). 

(d) SUBMISSION OF INSPECTION RESULTS AND CORRECTIVE

ACTION PLANS.— 

(1) MILITARY CEMETERY INSPECTIONS.—Not later than May 

15, 2012, the Secretaries of the military departments shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report containing— 

(A) the findings of the inspections of the military cemeteries conducted under subsection (a); 

(B) the recommendations of the Inspectors General 

of the military departments based on such inspections; 

and 

(C) a plan for corrective action. 

(2) INSPECTION OF ADDITIONAL CEMETERIES.—Not later than 

December 31, 2012, the Inspector General of the Department 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report containing the findings of the inspections conducted under subsection (c) and the recommendations of the Inspector General 

based on such inspections. Not later than April 1, 2013, the 

Secretaries of the military departments shall submit to such 

committees a plan for corrective action. 

(e) MILITARY CEMETERY DEFINED.—In subsections (a) and (b), 

the term ‘‘military cemetery’’ means the cemeteries that are under 

the jurisdiction of a Secretary of a military department at the 

following locations: 

(1) The United States Military Academy. 

(2) The United States Naval Academy. 

(3) The United States Air Force Academy. 

SEC. 593. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED 

SERVICE CROSS FOR CAPTAIN FREDRICK L. SPAULDING 

FOR ACTS OF VALOR DURING THE VIETNAM WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the Secretary of the 

Army is authorized to award the Distinguished Service Cross under 

section 3742 of such title to Captain Fredrick L. Spaulding for 

acts of valor during the Vietnam War described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Fredrick L. Spaulding, on 

July 23, 1970, as a member of the United States Army serving 

in the grade of Captain in the Republic of Vietnam while assigned 

Deadlines. 

Reports. 


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with Headquarters and Headquarters Company, 3d Brigade, 101st 

Airborne Division. 

SEC. 594. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO EMIL KAPAUN FOR ACTS OF VALOR DURING 

THE KOREAN WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor posthumously 

under section 3741 of such title to Emil Kapaun for the acts of 

valor during the Korean War described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of then Captain Emil Kapaun 

as a member of the 8th Cavalry Regiment during the Battle of 

Unsan on November 1 and 2, 1950, and while a prisoner of war 

until his death on May 23, 1951, during the Korean War. 

SEC. 595. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO 

JEWISH AMERICAN WORLD WAR I VETERANS. 

(a) REVIEW REQUIRED.—The Secretary of the Army and the 

Secretary of the Navy shall review the service of each Jewish 

American World War I veteran described in subsection (b) to determine whether such veteran should be posthumously awarded the 

Medal of Honor. 

(b) COVERED JEWISH AMERICAN WAR VETERANS.—The Jewish 

American World War I veterans whose service is to be reviewed 

under subsection (a) are any Jewish American World War I veterans 

awarded the Distinguished Service Cross or the Navy Cross for 

heroism during World War I and whose name and supporting 

material for upgrade of the award are submitted to the Secretary 

concerned for such purpose before the end of the one-year period 

beginning on the date of the enactment of this Act. 

(c) RECOMMENDATION BASED ON REVIEW.—If the Secretary concerned determines, based upon the review under subsection (a) 

that the award of the Medal of Honor to a veteran is warranted, 

the Secretary shall submit to the Secretary of Defense a recommendation that the Medal of Honor be awarded posthumously 

to the veteran. 

(d) WORLD WAR I DEFINED.—In this section, the term ‘‘World 

War I’’ means the period beginning on April 6, 1917, and ending 

on November 11, 1918. 

SEC. 596. REPORT ON PROCESS FOR EXPEDITED DETERMINATION OF 

DISABILITY OF MEMBERS OF THE ARMED FORCES WITH 

CERTAIN DISABLING CONDITIONS. 

(a) IN GENERAL.—Not later than September 1, 2012, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an assessment of the feasibility and 

advisability of the establishment by the military departments of 

a process to expedite the determination of disability with respect 

to members of the Armed Forces, including regular members and 

members of the reserve components, who suffer from certain disabling diseases or conditions. If the establishment of such a process 

is considered feasible and advisable, the report shall set forth 

such recommendations for legislative and administrative action as 

10 USC 3741 

note. 

President. 


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the Secretary considers appropriate for the establishment of such 

process. 

(b) REQUIREMENTS FOR REPORT.— 

(1) EVALUATION OF APPROPRIATE ELEMENTS OF SIMILAR FED- ERAL PROGRAMS.—In preparing the report required by subsection (a), the Secretary of Defense shall evaluate elements 

of programs for expedited determinations of disability that are 

currently carried out by other departments and agencies of 

the Federal Government, including the Quick Disability Determination program and the Compassionate Allowances program 

of the Social Security Administration. 

(2) CONSULTATION.—The Secretary of Defense shall conduct 

the study in consultation with the Secretary of Veterans Affairs. 

SEC. 597. COMPTROLLER GENERAL STUDY OF MILITARY NECESSITY 

OF SELECTIVE SERVICE SYSTEM AND ALTERNATIVES. 

(a) STUDY REQUIRED.—The Comptroller General of the United 

States shall conduct a study— 

(1) to assess the necessity of the Selective Service System 

to the Department of Defense in meeting future military manpower requirements that are in excess of the ability of the 

all-volunteer force; and 

(2) to determine the fiscal and national security impacts 

of— 

(A) disestablishing the Selective Service System; 

(B) putting the Selective Service System into a deep 

standby mode, defined as retaining only personnel sufficient to conduct necessary functions, to include maintaining 

the registration database; and 

(C) requiring the Department of Defense, or other Federal department, upon disestablishment of the Selective 

Service System and repeal of registration requirements, 

to assume responsibility for securing the Selective Service 

System registration data bases, and keeping them updated. 

(b) ADDITIONAL CONSIDERATIONS FOR EACH OPTION.—As part 

of considering the impacts of disestablishment of the Selective 

Service System, putting it into a deep standby mode, or transferring 

responsibilities as described in subsection (a)(2)(C), the Comptroller 

General shall provide for each option— 

(1) an estimate of the annual cost or savings of each option 

to the Federal government; and 

(2) the feasibility, cost, and time required for each option— 

(A) to reestablish the capability to meet the Selective 

Service System mission, as it existed before disestablishment; and 

(B) to provide the Department of Defense the required 

number of conscripts for training, should conscription be 

authorized by Congress. 

(c) SPECIAL CONSIDERATIONS REGARDING REGISTRATION.—The 

study shall also include an assessment of the feasibility, cost, and 

time required to meet registration requirements by— 

(1) using existing Federal and State government institutions as an alternative to Selective Service registration to maintain an accurate, comprehensive database of Americans who, 

according to existing Selective Service System registration 

requirements, would be subject to conscription should conscription be authorized; and 


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(2) integrating various alternative registration databases 

for use in connection with conscription and provide a means 

to keep updated and accurate the Selective Service System 

database under each of the options described in subsection 

(a)(2). 

(d) SUBMISSION OF RESULTS.—Not later than May 1, 2012, 

the Comptroller General shall submit the Committees on Armed 

Services of the Senate and House of Representatives a report containing the results of the study. 

SEC. 598. EVALUATION OF ISSUES AFFECTING DISPOSITION OF 

REMAINS OF AMERICAN SAILORS KILLED IN THE EXPLOSION OF THE KETCH U.S.S. INTREPID IN TRIPOLI HARBOR 

ON SEPTEMBER 4, 1804. 

(a) EVALUATION REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense and 

the Secretary of the Navy shall conduct an evaluation of the following issues with respect to the disposition of the remains of 

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

in Tripoli Harbor on September 4, 1804: 

(1) The feasibility of recovery of the remains based on 

historical information, factual considerations, costs, and 

precedential effect. 

(2) The ability to make identifications of the remains within 

a two-year period based on conditions and facts that would 

have to exist for positive scientific identification of the remains. 

(3) The diplomatic and inter-governmental issues that 

would have to be addressed in order to provide for exhuming 

and removing the remains consistent with the sovereignty of 

the Libyan government. 

(b) PARTICIPATION AND CONSULTATION.—The Secretary of 

Defense and the Secretary of the Navy shall conduct the evaluation 

under subsection (a) with the participation of the Defense POW/ 

Missing Personnel Office and the Joint POW/MIA Accounting Command and in consultation with the Secretary of State. 

(c) SUBMISSION OF RECOMMENDATION.—Upon completion of the 

evaluation as required by subsection (a), the Secretary of Defense 

and the Secretary of State shall submit to the Committees on 

Armed Services of the Senate and the House of Representatives 

their recommendation regarding the proposal to exhume, identify, 

and relocate the remains of the American sailors referred to in 

such subsection and the reasons supporting their recommendation. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

allowance for housing under certain circumstances. 

Sec. 602. Lodging accommodations for members assigned to duty in connection with 

commissioning or fitting out of a ship. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

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

care professionals. 

Deadline. 

Deadline. 

Reports. 


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Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. Sec. 616. Modification of qualifying period for payment of hostile fire and imminent 

danger special pay and hazardous duty special pay. 

Subtitle C—Travel and Transportation Allowances Generally 

Sec. 621. One-year extension of authority to reimburse travel expenses for inactiveduty training outside of normal commuting distance. 

Subtitle D—Consolidation and Reform of Travel and Transportation Authorities 

Sec. 631. Consolidation and reform of travel and transportation authorities of the 

uniformed services. 

Sec. 632. Transition provisions. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

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

to be sold by ship stores afloat. Sec. 642. Access of military exchange stores system to credit available through Federal Financing Bank. Sec. 643. Designation of Fisher House for the Families of the Fallen and Meditation Pavilion, Dover Air Force Base, Delaware, as a Fisher House. 

Subtitle F—Disability, Retired Pay and Survivor Benefits 

Sec. 651. Death gratuity and related benefits for Reserves who die during an authorized stay at their residence during or between successive days of inactive duty training. 

Subtitle G—Other Matters 

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

transitioning between active duty and full-time National Guard duty. Sec. 662. Report on incentives for recruitment and retention of health care professionals. 

Subtitle A—Pay and Allowances 

SEC. 601. RESUMPTION OF AUTHORITY TO PROVIDE TEMPORARY 

INCREASE IN RATES OF BASIC ALLOWANCE FOR HOUSING 

UNDER CERTAIN CIRCUMSTANCES. 

Section 403(b)(7)(E) of title 37, United States Code, is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2012’’. 

SEC. 602. LODGING ACCOMMODATIONS FOR MEMBERS ASSIGNED TO 

DUTY IN CONNECTION WITH COMMISSIONING OR FITTING 

OUT OF A SHIP. 

(a) EXTENSION TO PRECOMMISSIONING UNIT SAILORS.—Subsection (a) of section 7572 of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘or assigned to duty in connection with 

commissioning or fitting out of a ship’’ after ‘‘sea duty’’; and 

(2) by inserting ‘‘, because the ship is under construction 

and is not yet habitable,’’ after ‘‘because of repairs,’’. 

(b) EXTENSION TO ENLISTED MEMBERS.—Subsection (d) of such 

section is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘After the expiration of the authority 

provided in subsection (b), an officer’’ and inserting ‘‘A 

member’’; 

(B) by striking ‘‘officer’s quarters’’ and inserting ‘‘member’s quarters’’; 


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(C) by striking ‘‘obtaining quarters’’ and inserting 

‘‘obtaining housing’’; and 

(D) by striking ‘‘the officer’’ and inserting ‘‘the 

member’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘an officer’’ both places it appears and 

inserting ‘‘a member’’; 

(B) by striking ‘‘quarters’’ and inserting ‘‘housing’’; and 

(C) by striking ‘‘officer’s grade’’ and inserting ‘‘member’s grade’’; and 

(3) in paragraph (3)— 

(A) by striking ‘‘an officer’’ and inserting ‘‘a member’’; 

and 

(B) by striking ‘‘quarters’’ and inserting ‘‘housing’’. 

(c) SHIPYARDS AFFECTED BY BRAC 2005.—Such section is further amended by adding at the end the following new subsection: 

‘‘(e)(1) The Secretary may reimburse a member of the naval 

service assigned to duty in connection with commissioning or fitting 

out of a ship in Pascagoula, Mississippi, or Bath, Maine, who 

is deprived of quarters on board a ship because the ship is under 

construction and is not yet habitable, or because of other conditions 

that make the member’s quarters uninhabitable, for expenses 

incurred in obtaining housing, but only when the Navy is unable 

to furnish the member with lodging accommodations under subsection (a). 

‘‘(2) The total amount that a member may be reimbursed under 

this subsection may not exceed an amount equal to the basic allowance for housing of a member without dependents of that member’s 

grade. 

‘‘(3) A member without dependents, or a member who resides 

with dependents while assigned to duty in connection with commissioning or fitting out of a ship at one of the locations specified 

in paragraph (1), may not be reimbursed under this subsection. 

‘‘(4) The Secretary may prescribe regulations to carry out this 

subsection.’’. 

(d) CONFORMING AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 7572. Quarters: accommodations in place for members on 

sea duty or assigned to duty in connection with 

commissioning or fitting out of a ship’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 649 of such title is amended by striking 


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the item relating to section 7572 and inserting the following 

new item: 

‘‘7572. Quarters: accommodations in place for members on sea duty or assigned to 

duty in connection with commissioning or fitting out of a ship.’’. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

31, 2012’’: 

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation 

or enlistment bonus. 

(3) Section 308d(c), relating to special pay for enlisted 

members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2011’’ 

and inserting ‘‘December 31, 2012’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2011’’ 

and inserting ‘‘December 31, 2012’’: 

(1) Section 302c–1(f), relating to accession and retention 

bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected 

Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental 

officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy 

officers. 


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(7) Section 302k(f), relating to accession bonus for medical 

officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental 

specialist officers in critically short wartime specialties. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 

AUTHORITIES FOR NUCLEAR OFFICERS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

31, 2012’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

31, 2012’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 333(i), relating to special bonus and incentive 

pay authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 351(h), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special 

duty pay. 

(8) Section 353(i), relating to skill incentive pay or proficiency bonus. 

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high 

priority units. 

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

31, 2012’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 324(g), relating to accession bonus for new officers in critical skills. 

(6) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 


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(7) Section 327(h), relating to incentive bonus for transfer 

between armed forces. 

(8) Section 330(f), relating to accession bonus for officer 

candidates. 

SEC. 616. MODIFICATION OF QUALIFYING PERIOD FOR PAYMENT OF 

HOSTILE FIRE AND IMMINENT DANGER SPECIAL PAY AND 

HAZARDOUS DUTY SPECIAL PAY. 

(a) HOSTILE FIRE AND IMMINENT DANGER PAY.—Section 310 

of title 37, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘for any month or portion 

of a month’’ and inserting ‘‘for any day or portion of a day’’; 

(2) by striking subsection (b) and inserting the following 

new subsection (b): 

‘‘(b) SPECIAL PAY AMOUNT.—(1) Except as provided in paragraph (2), the amount of special pay authorized by subsection 

(a) for qualifying service during a day or portion of a day shall 

be the amount equal to 1/30th of the maximum monthly amount 

of special pay payable to a member as specified in paragraph 

(3). 

‘‘(2) In the case of a member who is exposed to hostile fire 

or a hostile mine explosion event in or for a day or portion of 

a day, the Secretary concerned may, at the election of the Secretary, 

pay the member special pay under subsection (a) for such service 

in an amount not to exceed the maximum monthly amount of 

special pay payable to a member as specified in paragraph (3). 

‘‘(3) The maximum monthly amount of special pay payable 

to a member under this subsection for any month is $225.’’. 

(3) in subsection (c)(1), by inserting ‘‘for any day (or portion 

of a day) of’’ before ‘‘not more than three additional months’’; 

and 

(4) in subsection (d)(2), by striking ‘‘any month’’ and 

inserting ‘‘any day’’. 

(b) HAZARDOUS DUTY PAY.—Section 351(c)(2) of such title is 

amended by striking ‘‘receipt of hazardous duty pay,’’ and all that 

follows and inserting ‘‘receipt of hazardous duty pay— 

‘‘(A) in the case of hazardous duty pay payable under 

paragraph (1) of subsection (a), the Secretary concerned— 

‘‘(i) shall prorate the payment amount to reflect 

the duration of the member’s actual qualifying service 

during the month; or 

‘‘(ii) in the case of a member who is exposed to 

hostile fire or an explosion of a hostile explosive device 

in or for a day or portion of a day, may, at the election 

of the Secretary, pay the member hazardous duty pay 

in an amount not to exceed the entire amount of hazardous duty pay that would be payable to the member 

under such paragraph (1) for the month in which the 

duty concerned occurs (with the total amount of hazardous duty pay paid the member under this clause 

in any given month not to exceed such entire amount); 

and 

‘‘(B) in the case of hazardous duty pay payable under 

paragraph (2) or (3) of subsection (a), the Secretary concerned may prorate the payment amount to reflect the 

duration of the member’s actual qualifying service during 

the month.’’. 


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125 STAT. 1452 PUBLIC LAW 112–81—DEC. 31, 2011 

Subtitle C—Travel and Transportation 

Allowances Generally 

SEC. 621. ONE-YEAR EXTENSION OF AUTHORITY TO REIMBURSE 

TRAVEL EXPENSES FOR INACTIVE-DUTY TRAINING OUTSIDE OF NORMAL COMMUTING DISTANCE. 

Section 408a(e) of title 37, United States Code, is amended 

by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2012’’. 

Subtitle D—Consolidation and Reform of 

Travel and Transportation Authorities 

SEC. 631. CONSOLIDATION AND REFORM OF TRAVEL AND TRANSPORTATION AUTHORITIES OF THE UNIFORMED SERVICES. 

(a) PURPOSE.—This section establishes general travel and 

transportation provisions for members of the uniformed services 

and other travelers authorized to travel under official conditions. 

Recognizing the complexities and the changing nature of travel, 

the amendments made by this section provide the Secretary of 

Defense and the other administering Secretaries with the authority 

to prescribe and implement travel and transportation policy that 

is simple, clear, efficient, and flexible, and that meets mission 

and servicemember needs, while realizing cost savings that should 

come with a more efficient and less cumbersome system for travel 

and transportation. 

(b) CONSOLIDATED AUTHORITIES.—Title 37, United States Code, 

is amended by inserting after chapter 7 the following new chapter: 

‘‘CHAPTER 8—TRAVEL AND TRANSPORTATION 

ALLOWANCES 

‘‘Sec. 

‘‘SUBCHAPTER I—TRAVEL AND TRANSPORTATION AUTHORITIES—NEW LAW

‘‘451. Definitions. 

‘‘452. Allowable travel and transportation: general authorities. 

‘‘453. Allowable travel and transportation: specific authorities. 

‘‘454. Travel and transportation: pilot programs. 

‘‘455. Appropriations for travel: may not be used for attendance at certain meetings. 

‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS

‘‘461. Relationship to other travel and transportation authorities. 

‘‘462. Travel and transportation allowances paid to members that are unauthorized 

or in excess of authorized amounts: requirement for repayment. 

‘‘463. Program of compliance; electronic processing of travel claims. 

‘‘464. Regulations. 

‘‘SUBCHAPTER III—TRAVEL AND TRANSPORTATION AUTHORITIES—OLD LAW

‘‘471. Travel authorities transition expiration date. 

‘‘472. Definitions and other incorporated provisions of chapter 7. 

‘‘474. Travel and transportation allowances: general. 

‘‘474a. Travel and transportation allowances: temporary lodging expenses. 

‘‘474b. Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member. 

‘‘475. Travel and transportation allowances: per diem while on duty outside the continental United States. 

‘‘475a. Travel and transportation allowances: departure allowances. 

‘‘476. Travel and transportation allowances: dependents; baggage and household effects. 

37 USC 451 note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1453 

‘‘476a. Travel and transportation allowances: authorized for travel performed under 

orders that are canceled, revoked, or modified. 

‘‘476b. Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating. 

‘‘476c. Travel and transportation allowances: members assigned to a vessel under 

construction. 

‘‘477. Travel and transportation allowances: dislocation allowance. 

‘‘478. Travel and transportation allowances: travel within limits of duty station. 

‘‘478a. Travel and transportation allowances: inactive duty training outside of the 

normal commuting distances. 

‘‘479. Travel and transportation allowances: house trailers and mobile homes. 

‘‘480. Travel and transportation allowances: miscellaneous categories. 

‘‘481. Travel and transportation allowances: administrative provisions. 

‘‘481a. Travel and transportation allowances: travel performed in connection with 

convalescent leave. 

‘‘481b. Travel and transportation allowances: travel performed in connection with 

leave between consecutive overseas tours. 

‘‘481c. Travel and transportation allowances: travel performed in connection with 

rest and recuperative leave from certain stations in foreign countries. 

‘‘481d. Travel and transportation allowances: transportation incident to personal 

emergencies for certain members and dependents. 

‘‘481e. Travel and transportation allowances: transportation incident to certain 

emergencies for members performing temporary duty. 

‘‘481f. Travel and transportation allowances: transportation for survivors of deceased 

member to attend the member’s burial ceremonies. 

‘‘481h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury. 

‘‘481i. Travel and transportation allowances: parking expenses. 

‘‘481j. Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive. 

‘‘481k. Travel and transportation allowances: non-medical attendants for members 

determined to be very seriously or seriously wounded, ill, or injured. 

‘‘481l. Travel and transportation allowances: attendance of members and others at 

Yellow Ribbon Reintegration Program events. 

‘‘484. Travel and transportation: dependents of members in a missing status; household and personal effects; trailers; additional movements; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable. 

‘‘488. Allowance for recruiting expenses. 

‘‘489. Travel and transportation allowances: minor dependent schooling. 

‘‘490. Travel and transportation: dependent children of members stationed overseas. 

‘‘491. Benefits for certain members assigned to the Defense Intelligence Agency. 

‘‘492. Travel and transportation: members escorting certain dependents. 

‘‘494. Subsistence reimbursement relating to escorts of foreign arms control inspection teams. 

‘‘495. Funeral honors duty: allowance. 

‘‘SUBCHAPTER I—TRAVEL AND TRANSPORTATION 

AUTHORITIES—NEW LAW 

‘‘§ 451. Definitions 

‘‘(a) DEFINITIONS RELATING TO PERSONS.—In this subchapter 

and subchapter II: 

‘‘(1) The term ‘administering Secretary’ or ‘administering 

Secretaries’ means the following: 

‘‘(A) The Secretary of Defense, with respect to the 

armed forces (including the Coast Guard when it is operating as a service in the Navy). 

‘‘(B) The Secretary of Homeland Security, with respect 

to the Coast Guard when it is not operating as a service 

in the Navy. 

‘‘(C) The Secretary of Commerce, with respect to the 

National Oceanic and Atmospheric Administration. 

‘‘(D) The Secretary of Health and Human Services, 

with respect to the Public Health Service. 

37 USC 451. 


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125 STAT. 1454 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(2) The term ‘authorized traveler’ means a person who 

is authorized travel and transportation allowances when performing official travel ordered or authorized by the administering Secretary. Such term includes the following: 

‘‘(A) A member of the uniformed services. 

‘‘(B) A family member of a member of the uniformed 

services. 

‘‘(C) A person acting as an escort or attendant for 

a member or family member who is traveling on official 

travel or is traveling with the remains of a deceased 

member. 

‘‘(D) A person who participates in a military funeral 

honors detail. 

‘‘(E) A Senior Reserve Officers’ Training Corps cadet 

or midshipman. 

‘‘(F) An applicant or rejected applicant for enlistment. 

‘‘(G) Any person whose employment or service is considered directly related to a Government official activity or 

function under regulations prescribed under section 464 

of this title. 

‘‘(H) Any other person not covered by subparagraphs 

(A) through (G) who is determined by the administering 

Secretary pursuant to regulations prescribed under section 

464 of this title as warranting the provision of travel benefits for purposes of the following: 

‘‘(i) Transportation of survivors to attend burial 

services or transfer of deceased members after death 

overseas as provided in section 481f of this title. 

‘‘(ii) Transportation of designated individuals 

incident to the hospitalization of members as provided 

in section 481h of this title. 

‘‘(iii) Transportation of designated individuals 

incident to the repatriation of members as provided 

in section 481j of this title. 

‘‘(iv) Transportation of non-medical attendants as 

provided in section 481k of this title. 

‘‘(v) Transportation of designated individuals to 

attend Yellow Ribbon Reintegration Program events 

as provided in section 481l of this title. 

‘‘(vi) Transportation of a person with regard to 

a single event when the administering Secretary determines that the travel is necessary to ensure fairness 

and equity, respond to emergency or humanitarian 

circumstances, or serve the best interests of the 

Government. 

‘‘(3) The term ‘family member’, with respect to a member 

of the uniformed services, means the following: 

‘‘(A) A dependent, as defined in section 401(a) of this 

title. 

‘‘(B) A child, as defined in section 401(b)(1) of this 

title. 

‘‘(C) A parent, as defined in section 401(b)(2) of this 

title. 

‘‘(D) A sibling of the member. 

‘‘(E) A former spouse of the member. 

‘‘(b) DEFINITIONS RELATING TO TRAVEL AND TRANSPORTATION

ALLOWANCES.—In this subchapter and subchapter II: 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1455 

‘‘(1) The term ‘official travel’ means the following: 

‘‘(A) Military duty or official business performed by 

an authorized traveler away from a duty assignment location or other authorized location. 

‘‘(B) Travel performed by an authorized traveler 

ordered to relocate from a permanent duty station to 

another permanent duty station. 

‘‘(C) Travel performed by an authorized traveler 

ordered to the first permanent duty station, or separated 

or retired from uniformed service. 

‘‘(D) Local travel in or around the temporary duty 

or permanent duty station. 

‘‘(E) Other travel as authorized or ordered by the 

administering Secretary. 

‘‘(2) The term ‘actual and necessary expenses’ means 

expenses incurred in fact by an authorized traveler as a reasonable consequence of official travel. 

‘‘(3) The term ‘travel allowances’ means the daily lodging, 

meals, and other related expenses, including relocation 

expenses, incurred by an authorized traveler while on official 

travel. 

‘‘(4) The term ‘transportation allowances’ means the costs 

of temporarily or permanently moving an authorized traveler, 

the personal property of an authorized traveler, or a combination thereof. 

‘‘(5) The term ‘transportation-, lodging-, or meals-in-kind’ 

means transportation, lodging, or meals provided by the 

Government without cost to an authorized traveler. 

‘‘(6) The term ‘miscellaneous expenses’ means authorized 

expenses incurred in addition to authorized allowances during 

the performance of official travel by an authorized traveler. 

‘‘(7) The term ‘personal property’, with respect to transportation allowances, includes baggage, furniture, and other household items, clothing, privately owned vehicles, house trailers, 

mobile homes, and any other personal items that would not 

otherwise be prohibited by any other provision of law or regulation prescribed under section 464 of this title. 

‘‘(8) The term ‘relocation allowances’ means the costs associated with relocating a member of the uniformed services and 

the member’s dependents between an old and new temporary 

or permanent duty assignment location or other authorized 

location. 

‘‘(9) The term ‘dislocation allowances’ means the costs associated with relocation of the household of a member of the 

uniformed services and the member’s dependents in relation 

to a change in the member’s permanent duty assignment location ordered for the convenience of the Government or incident 

to an evacuation. 

‘‘§ 452. Allowable travel and transportation: general authorities 

‘‘(a) IN GENERAL.—Except as otherwise prohibited by law, a 

member of the uniformed services or other authorized traveler 

may be provided transportation-, lodging-, or meals-in-kind, or 

actual and necessary expenses of travel and transportation, for, 

or in connection with, official travel under circumstances as specified in regulations prescribed under section 464 of this title. 

37 USC 452. 


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125 STAT. 1456 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(b) SPECIFIC CIRCUMSTANCES.—The authority under subsection 

(a) includes travel under or in connection with, but not limited 

to, the following circumstances, to the extent specified in regulations 

prescribed under section 464 of this title: 

‘‘(1) Temporary duty that requires travel between a permanent duty assignment location and another authorized temporary duty location, and travel in or around the temporary 

duty location. 

‘‘(2) Permanent change of station that requires travel 

between an old and new temporary or permanent duty assignment location or other authorized location. 

‘‘(3) Temporary duty or assignment relocation related to 

consecutive overseas tours or in-place-consecutive overseas 

tours. 

‘‘(4) Recruiting duties for the armed forces. 

‘‘(5) Assignment or detail to another Government department or agency. 

‘‘(6) Rest and recuperative leave. 

‘‘(7) Convalescent leave. 

‘‘(8) Reenlistment leave. 

‘‘(9) Reserve component inactive-duty training performed 

outside the normal commuting distance of the member’s permanent residence. 

‘‘(10) Ready Reserve muster duty. 

‘‘(11) Unusual, extraordinary, hardship, or emergency circumstances. 

‘‘(12) Presence of family members at a military medical 

facility incident to the illness or injury of members. 

‘‘(13) Presence of family members at the repatriation of 

members held captive. 

‘‘(14) Presence of non-medical attendants for very seriously 

or seriously wounded, ill, or injured members. 

‘‘(15) Attendance at Yellow Ribbon Reintegration Program 

events. 

‘‘(16) Missing status, as determined by the Secretary concerned under chapter 10 of this title. 

‘‘(17) Attendance at or participation in international sports 

competitions described under section 717 of title 10. 

‘‘(c) MATTERS INCLUDED.—Travel and transportation allowances 

which may be provided under subsection (a) include the following: 

‘‘(1) Allowances for transportation, lodging, and meals. 

‘‘(2) Dislocation or relocation allowances paid in connection 

with a change in a member’s temporary or permanent duty 

assignment location. 

‘‘(3) Other related miscellaneous expenses. 

‘‘(d) MODE OF PROVIDING TRAVEL AND TRANSPORTATION ALLOWANCES.—Any authorized travel and transportation may be provided— 

‘‘(1) as an actual expense; 

‘‘(2) as an authorized allowance; 

‘‘(3) in-kind; or 

‘‘(4) using a combination of the authorities under paragraphs (1), (2), and (3). 

‘‘(e) TRAVEL AND TRANSPORTATION ALLOWANCES WHEN TRAVEL

ORDERS ARE MODIFIED, ETC.—An authorized traveler whose travel 

and transportation order or authorization is canceled, revoked, or 

modified may be allowed actual and necessary expenses or travel 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1457 

and transportation allowances in connection with travel performed 

pursuant to such order or authorization. 

‘‘(f) ADVANCE PAYMENTS.—An authorized traveler may be 

allowed advance payments for authorized travel and transportation 

allowances. 

‘‘(g) RESPONSIBILITY FOR UNAUTHORIZED EXPENSES.—Any 

unauthorized travel or transportation expense is not the responsibility of the United States. 

‘‘(h) RELATIONSHIP TO OTHER AUTHORITIES.—The administering 

Secretary may not provide payment under this section for an 

expense for which payment may be provided from any other appropriate Government or non-Government entity. 

‘‘§ 453. Allowable travel and transportation: specific authorities 

‘‘(a) IN GENERAL.—In addition to any other authority for the 

provision of travel and transportation allowances, the administering 

Secretaries may provide travel and transportation allowances under 

this subchapter in accordance with this section. 

‘‘(b) AUTHORIZED ABSENCE FROM TEMPORARY DUTY LOCATION.— 

An authorized traveler may be paid travel and transportation allowances, or reimbursed for actual and necessary expenses of travel, 

incurred at a temporary duty location during an authorized absence 

from that location. 

‘‘(c) MOVEMENT OF PERSONAL PROPERTY.—(1) A member of a 

uniformed service may be allowed moving expenses and transportation allowances for self and dependents associated with the movement of personal property and household goods, including such 

expenses when associated with a self-move. 

‘‘(2) The authority in paragraph (1) includes the movement 

and temporary and non-temporary storage of personal property, 

household goods, and privately owned vehicles (but not to exceed 

one privately owned vehicle per member household) in connection 

with the temporary or permanent move between authorized locations. 

‘‘(3) For movement of household goods, the administering Secretaries shall prescribe weight allowances in regulations under section 

464 of this title. The prescribed weight allowances may not exceed 

18,000 pounds (including packing, crating, and household goods 

in temporary storage), except that the administering Secretary may, 

on a case-by-case basis, authorize additional weight allowances 

as necessary. 

‘‘(4) The administering Secretary may prescribe the terms, 

rates, and conditions that authorize a member of the uniformed 

services to ship or store a privately owned vehicle. 

‘‘(5) No carrier, port agent, warehouseman, freight forwarder, 

or other person involved in the transportation of property may 

have any lien on, or hold, impound, or otherwise interfere with, 

the movement of baggage and household goods being transported 

under this section. 

‘‘(d) UNUSUAL OR EMERGENCY CIRCUMSTANCES.—An authorized 

traveler may be provided travel and transportation allowances 

under this section for unusual, extraordinary, hardship, or emergency circumstances, including circumstances warranting evacuation from a permanent duty assignment location. 

‘‘(e) PARTICULAR SEPARATION PROVISIONS.—The administering 

Secretary may provide travel-in-kind and transportation-in-kind for 

37 USC 453. 


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125 STAT. 1458 PUBLIC LAW 112–81—DEC. 31, 2011 

the following persons in accordance with regulations prescribed 

under section 464 of this title: 

‘‘(1) A member who is retired, or is placed on the temporary 

disability retired list, under chapter 61 of title 10. 

‘‘(2) A member who is retired with pay under any other 

law or who, immediately following at least eight years of continuous active duty with no single break therein of more than 

90 days, is discharged with separation pay or is involuntarily 

released from active duty with separation pay or readjustment 

pay. 

‘‘(3) A member who is discharged under section 1173 of 

title 10. 

‘‘(f) ATTENDANCE AT MEMORIAL CEREMONIES AND SERVICES.— 

A family member or member of the uniformed services who attends 

a deceased member’s repatriation, burial, or memorial ceremony 

or service may be provided travel and transportation allowances 

to the extent provided in regulations prescribed under section 464 

of this title. 

‘‘§ 454. Travel and transportation: pilot programs 

‘‘(a) PILOT PROGRAMS.—Except as otherwise prohibited by law, 

the Secretary of Defense may conduct pilot programs to evaluate 

alternative travel and transportation programs, policies, and processes for Department of Defense authorized travelers. Any such 

pilot program shall be designed to enhance cost savings or other 

efficiencies that accrue to the Government and be conducted so 

as to evaluate one or more of the following: 

‘‘(1) Alternative methods for performing and reimbursing 

travel. 

‘‘(2) Means for limiting the need for travel. 

‘‘(3) Means for reducing the environmental impact of travel. 

‘‘(b) LIMITATIONS.—(1) Not more than three pilot programs may 

be carried out under subsection (a) at any one time. 

‘‘(2) The duration of a pilot program may not exceed four 

years. 

‘‘(3) The authority to carry out a pilot program is subject 

to the availability of appropriated funds. 

‘‘(c) REPORTS.—(1) Not later than 30 days before the commencement of a pilot program under subsection (a), the Secretary shall 

submit to the congressional defense committees a report on the 

pilot program. The report on a pilot program under this paragraph 

shall set forth a description of the pilot program, including the 

following: 

‘‘(A) The purpose of the pilot program. 

‘‘(B) The duration of the pilot program. 

‘‘(C) The cost savings or other efficiencies anticipated to 

accrue to the Government under the pilot program. 

‘‘(2) Not later than 60 days after the completion of a pilot 

program, the Secretary shall submit to the congressional defense 

committees a report on the pilot program. The report on a pilot 

program under this paragraph shall set forth the following: 

‘‘(A) A description of results of the pilot program. 

‘‘(B) Such recommendations for legislative or administrative 

action as the Secretary considers appropriate in light of the 

pilot program. 

37 USC 454. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1459 

‘‘(d) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this 

section, the term ‘congressional defense committees’ has the 

meaning given that term in section 101(a)(16) of title 10. 

‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS 

‘‘§ 461. Relationship to other travel and transportation 

authorities 

‘‘An authorized traveler may not be paid travel and transportation allowances or receive travel-in-kind and transportation-inkind, or a combination thereof, under both subchapter I and subchapter III for official travel performed under a single or related 

travel and transportation order or authorization by the administering Secretary. 

‘‘§ 462. Travel and transportation allowances paid to members that are unauthorized or in excess of authorized amounts: requirement for repayment 

‘‘(a) REPAYMENT REQUIRED.—Except as provided in subsection 

(b), a member of the uniformed services or other person who is 

paid travel and transportation allowances under subchapter I shall 

repay to the United States any amount of such payment that 

is determined to be unauthorized or in excess of the applicable 

authorized amount. 

‘‘(b) EXCEPTION.—The regulations prescribed under section 464 

of this title shall specify procedures for determining the circumstances under which an exception to repayment otherwise 

required by subsection (a) may be granted. 

‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to repay the United 

States under this section is, for all purposes, a debt owed the 

United States. A discharge in bankruptcy under title 11 does not 

discharge a person from such debt if the discharge order is entered 

less than five years after the date on which the debt was incurred. 

‘‘§ 463. Programs of compliance; electronic processing of 

travel claims 

‘‘(a) PROGRAMS OF COMPLIANCE.—The administering Secretaries 

shall provide for compliance with the requirements of this chapter 

through programs of compliance established and maintained for 

that purpose. 

‘‘(b) ELEMENTS.—The programs of compliance under subsection 

(a) shall— 

‘‘(1) minimize the provision of benefits under this chapter 

based on inaccurate claims, unauthorized claims, overstated 

or inflated claims, and multiple claims for the same benefits 

through the electronic verification of travel claims on a neartime basis and such other means as the administering Secretaries may establish for purposes of the programs of compliance; 

and 

‘‘(2) ensure that benefits provided under this chapter do 

not exceed reasonable or actual and necessary expenses of 

travel claimed or reasonable allowances based on commercial 

travel rates. 

‘‘(c) ELECTRONIC PROCESSING OF TRAVEL CLAIMS.—(1) By not 

later than the date that is five years after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2012, 

any travel claim under this chapter shall be processed electronically. 

Deadline. 

37 USC 463. 

37 USC 462. 

37 USC 461. 


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‘‘(2) The administering Secretary, or the Secretary’s designee, 

may waive the requirement in paragraph (1) with respect to a 

particular claim in the interests of the department concerned. 

‘‘(3) The electronic processing of claims under this subsection 

shall be subject to the regulations prescribed by the Secretary 

of Defense under section 464 of this title which shall apply uniformly to all members of the uniformed services and, to the extent 

practicable, to all other authorized travelers. 

‘‘§ 464. Regulations 

‘‘This subchapter and subchapter I shall be administered under 

terms, rates, conditions, and regulations prescribed by the Secretary 

of Defense in consultation with the other administering Secretaries 

for members of the uniformed services. Such regulations shall be 

uniform for the Department of Defense and shall apply as uniformly 

as practicable to the uniformed services under the jurisdiction of 

the other administering Secretaries. 

‘‘SUBCHAPTER III—TRAVEL AND TRANSPORTATION 

AUTHORITIES—OLD LAW 

‘‘§ 471. Travel authorities transition expiration date 

‘‘In this subchapter, the term ‘travel authorities transition 

expiration date’ means the last day of the 10-year period beginning 

on the first day of the first month beginning after the date of 

the enactment of the National Defense Authorization Act for Fiscal 

Year 2012. 

‘‘§ 472. Definitions and other incorporated provisions of 

chapter 7 

‘‘(a) DEFINITIONS.—The provisions of section 401 of this title 

apply to this subchapter. 

‘‘(b) OTHER PROVISIONS.—The provisions of sections 421 and 

423 of this title apply to this subchapter.’’. 

(c) REPEAL OF OBSOLETE AUTHORITY.—Section 411g of title 

37, United States Code, is repealed. 

(d) TRANSFER OF SECTIONS.— 

(1) TRANSFER TO SUBCHAPTER I.—Section 412 of title 37, 

United States Code, is transferred to chapter 8 of such title, 

as added by subsection (b), inserted after section 454, and 

redesignated as section 455. 

(2) TRANSFER OF CURRENT CHAPTER 7 AUTHORITIES TO SUBCHAPTER III.—Sections 404, 404a, 404b, 405, 405a, 406, 406a, 

406b, 406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 

411h through 411l, 428 through 432, 434, and 435 of such 

title are transferred (in that order) to chapter 8 of such title, 

as added by subsection (b), inserted after section 472, and 

redesignated as follows: 

Section: Redesignated Section: 

404 474 

404a 474a 

404b 474b 

405 475 

405a 475a 

406 476 

37 USC 472. 

37 USC 471. 

37 USC 464. 

Applicability. 


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406a 476a 

406b 476b 

406c 476c 

407 477 

408 478 

408a 478a 

409 479 

410 480 

411 481 

411a 481a 

411b 481b 

411c 481c 

411d 481d 

411e 481e 

411f 481f 

411h 481h 

411i 481i 

411j 481j 

411k 481k 

411l 481l 

428 488 

429 489 

430 490 

432 492 

434 494 

435 495 

(3) TRANSFER OF SECTION 554.—Section 554 of such title 

is transferred to chapter 8 of such title, as added by subsection 

(b), inserted after section 481l (as transferred and redesignated 

by paragraph (2)), and redesignated as section 484. 

(e) SUNSET OF OLD-LAW AUTHORITIES.—Provisions of subchapter III of chapter 8 of title 37, United States Code, as transferred and redesignated by paragraphs (2) and (3) of subsection 

(c), are amended as follows: 

(1) Section 474 is amended by adding at the end the following new subsection: 

‘‘(k) No travel and transportation allowance or reimbursement 

may be provided under this section for travel that begins after 

the travel authorities transition expiration date.’’. 

(2) Section 474a is amended by adding at the end the 

following new subsection: 

‘‘(f) TERMINATION.—No payment or reimbursement may be provided under this section with respect to a change of permanent 

station for which orders are issued after the travel authorities 

transition expiration date.’’. 

(3) Section 474b is amended by adding at the end the 

following new subsection: 

‘‘(e) TERMINATION.—No payment or reimbursement may be provided under this section with respect to an authorized absence 

that begins after the travel authorities transition expiration date.’’. 


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125 STAT. 1462 PUBLIC LAW 112–81—DEC. 31, 2011 

(4) Section 475 is amended by adding at the end the following new subsection: 

‘‘(f) TERMINATION.—During and after the travel authorities 

expiration date, no per diem may be paid under this section for 

any period.’’. 

(5) Section 475a is amended by adding at the end the 

following new subsection: 

‘‘(c) During and after the travel authorities expiration date, 

no allowance under subsection (a) or transportation or reimbursement under subsection (b) may be provided with respect to an 

authority or order to depart.’’. 

(6) Section 476 is amended by adding at the end the following new subsection: 

‘‘(n) No transportation, reimbursement, allowance, or per diem 

may be provided under this section— 

‘‘(1) with respect to a change of temporary or permanent 

station for which orders are issued after the travel authorities 

transition expiration date; or 

‘‘(2) in a case covered by this section when such orders 

are not issued, with respect to a movement of baggage or 

household effects that begins after such date.’’. 

(7) Section 476a is amended— 

(A) by inserting ‘‘(a) AUTHORITY.—’’ before ‘‘Under uniform regulations’’; and 

(B) by adding at the end the following new subsection: 

‘‘(b) TERMINATION.—No transportation or travel or transportation allowance may be provided under this section for travel 

that begins after the travel authorities transition expiration date.’’. 

(8) Section 476b is amended by adding at the end the 

following new subsection: 

‘‘(e) No transportation or allowance may be provided under 

this section for travel that begins after the travel authorities transition expiration date.’’. 

(9) Section 476c is amended by adding at the end the 

following new subsection: 

‘‘(e) TERMINATION.—No transportation or allowance may be provided under this section for travel that begins after the travel 

authorities transition expiration date.’’. 

(10) Section 477 is amended by adding at the end the 

following new subsection: 

‘‘(i) TERMINATION.—No dislocation allowance may be paid under 

this section for a move that begins after the travel authorities 

transition expiration date.’’. 

(11) Section 478 is amended by adding at the end the 

following new subsection: 

‘‘(c) No travel or transportation allowance, payment, or 

reimbursement may be provided under this section for travel that 

begins after the travel authorities transition expiration date.’’. 

(12) Section 479 is amended by adding at the end the 

following new subsection: 

‘‘(e) No transportation of a house trailer or mobile home, or 

storage or payment in connection therewith, may be provided under 

this section for transportation that begins after the travel authorities transition expiration date.’’. 

(13) Section 480 is amended by adding at the end the 

following new subsection: 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1463 

‘‘(c) No travel or transportation allowance may be provided 

under this section for travel that begins after the travel authorities 

transition expiration date.’’. 

(14) Section 481 is amended by adding at the end the 

following new subsection: 

‘‘(e) The regulations prescribed under this section shall cease 

to be in effect as of the travel authorities transition expiration 

date.’’. 

(15) Section 481a is amended by adding at the end the 

following new subsection: 

‘‘(c) No travel and transportation allowance may be provided 

under this section for travel that is authorized after the travel 

authorities transition expiration date.’’. 

(16) Section 481b is amended by adding at the end the 

following new subsection: 

‘‘(d) TERMINATION.—No travel and transportation allowance 

may be provided under this section for travel that is authorized 

after the travel authorities transition expiration date.’’. 

(17) Section 481c is amended by adding at the end the 

following new subsection: 

‘‘(c) No transportation may be provided under this section after 

the travel authorities transition expiration date, and no payment 

may be made under this section for transportation that begins 

after that date.’’. 

(18) Section 481d is amended by adding at the end the 

following new subsection: 

‘‘(d) No transportation may be provided under this section after 

the travel authorities transition expiration date.’’. 

(19) Section 481e is amended by adding at the end the 

following new subsection: 

‘‘(c) No travel and transportation allowance or reimbursement 

may be provided under this section for travel that begins after 

the travel authorities transition expiration date.’’. 

(20) Section 481f is amended by adding at the end the 

following new subsection: 

‘‘(h) TERMINATION.—No travel and transportation allowance or 

reimbursement may be provided under this section for travel that 

begins after the travel authorities transition expiration date.’’. 

(21) Section 481h is amended by adding at the end the 

following new subsection: 

‘‘(e) TERMINATION.—No transportation, allowance, reimbursement, or per diem may be provided under this section for travel 

that begins after the travel authorities transition expiration date.’’. 

(22) Section 481i is amended by adding at the end the 

following new subsection: 

‘‘(c) TERMINATION.—No reimbursement may be provided under 

this section for expenses incurred after the travel authorities transition expiration date.’’. 

(23) Section 481j is amended by adding at the end the 

following new subsection: 

‘‘(e) TERMINATION.—No transportation, allowance, reimbursement, or per diem may be provided under this section for travel 

that begins after the travel authorities transition expiration date.’’. 

(24) Section 481k is amended by adding at the end the 

following new subsection: 


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125 STAT. 1464 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(e) TERMINATION.—No transportation, allowance, reimbursement, or per diem may be provided under this section for travel 

that begins after the travel authorities transition expiration date.’’. 

(25) Section 481l is amended by adding at the end the 

following new subsection: 

‘‘(e) TERMINATION.—No transportation, allowance, reimbursement, or per diem may be provided under this section for travel 

that begins after the travel authorities transition expiration date.’’. 

(26) Section 484 is amended by adding at the end the 

following new subsection: 

‘‘(k) No transportation, allowance, or reimbursement may be 

provided under this section for a move that begins after the travel 

authorities transition expiration date.’’. 

(27) Section 488 is amended— 

(A) by inserting ‘‘(a) AUTHORITY.—’’ before ‘‘In addition’’; and 

(B) by adding at the end the following new subsection: 

‘‘(b) TERMINATION.—No reimbursement may be provided under 

this section for expenses incurred after the travel authorities transition expiration date.’’. 

(28) Section 489 is amended— 

(A) by inserting ‘‘(a) AUTHORITY.—’’ before ‘‘In addition’’; and 

(B) by adding at the end the following new subsection: 

‘‘(b) TERMINATION.—No transportation or allowance may be provided under this section for travel that begins after the travel 

authorities transition expiration date.’’. 

(29) Section 490 is amended by adding at the end the 

following new subsection: 

‘‘(g) TERMINATION.—No transportation, allowance, reimbursement, or per diem may be provided under this section for travel 

that begins after the travel authorities transition expiration date.’’. 

(30) Section 492 is amended by adding at the end the 

following new subsection: 

‘‘(c) No transportation or allowance may be provided under 

this section for travel that begins after the travel authorities transition expiration date.’’. 

(31) Section 494 is amended by adding at the end the 

following new subsection: 

‘‘(d) TERMINATION.—No reimbursement may be provided under 

this section for expenses incurred after the travel authorities transition expiration date.’’. 

(32) Section 495 is amended by adding at the end the 

following new subsection: 

‘‘(c) TERMINATION.—No allowance may be paid under this section for any day after the travel authorities transition expiration 

date.’’. 

(f) TECHNICAL AND CLERICAL AMENDMENTS.— 

(1) CHAPTER HEADING.—The heading of chapter 7 of such 

title is amended to read as follows: ‘‘CHAPTER 7—ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES’’. 

(2) TABLE OF CHAPTERS.—The table of chapter preceding 

chapter 1 of such title is amended by striking the item relating 

to chapter 7 and inserting the following: 

‘‘7. Allowances Other Than Travel and Transportation Allowances .................. 401

‘‘8. Travel and Transportation Allowances ........................................................... 451’’. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1465 

(3) TABLES OF SECTIONS.— 

(A) The table of sections at the beginning of chapter 

7 of such title is amended by striking the items relating 

to sections 404 through 412, 428 through 432, 434, and 

435. 

(B) The table of sections at the beginning of chapter 

9 of such title is amended by striking the item relating 

to section 554. 

(4) CROSS-REFERENCES.— 

(A) Any section of title 10, 32, or 37, United States 

Code, that includes a reference to a section of title 37 

that is transferred and redesignated by subsection (c) is 

amended so as to conform the reference to the section 

number of the section as so redesignated. 

(B) Any reference in a provision of law other than 

a section of title 10, 32, or 37, United States Code, to 

a section of title 37 that is transferred and redesignated 

by subsection (c) is deemed to refer to the section as so 

redesignated. 

SEC. 632. TRANSITION PROVISIONS. 

(a) IMPLEMENTATION PLAN.—The Secretary of Defense shall 

develop a plan to implement subchapters I and II of chapter 8 

of title 37, United States Code (as added by section 631(b) of 

this Act), and to transition all of the travel and transportation 

programs for members of the uniformed services under chapter 

7 of title 37, United States Code, solely to provisions of those 

subchapters by the end of the transition period. 

(b) AUTHORITY FOR MODIFICATIONS TO OLD-LAW AUTHORITIES

DURING TRANSITION PERIOD.—During the transition period, the Secretary of Defense and the Secretaries concerned, in using the 

authorities under subchapter III of chapter 8 of title 37, United 

States Code (as so added), may apply those authorities subject 

to the terms of such provisions and such modifications as the 

Secretary of Defense may include in the implementation plan 

required under subsection (a) or in any subsequent modification 

to that implementation plan. 

(c) COORDINATION.—The Secretary of Defense shall prepare the 

implementation plan under subsection (a) and any modification 

to that plan under subsection (b) in coordination with— 

(1) the Secretary of Homeland Security, with respect to 

the Coast Guard; 

(2) the Secretary of Health and Human Services, with 

respect to the commissioned corps of the Public Health Service; 

and 

(3) the Secretary of Commerce, with respect to the National 

Oceanic and Atmospheric Administration. 

(d) PROGRAM OF COMPLIANCE.—The Secretary of Defense and 

the other administering Secretaries shall commence the operation 

of the programs of compliance required by section 463 of title 

37, United States Code (as so added), by not later than one year 

after the date of the enactment of this Act. 

(e) TRANSITION PERIOD.—In this section, the term ‘‘transition 

period’’ means the 10-year period beginning on the first day of 

the first month beginning after the date of the enactment of this 

Act. 

Deadline. 

37 USC 451 note. 

2 USC 906; 

5 USC 4109, 

5760; 10 USC 

701 note prec., 

1071 note, 1591 

note; 14 USC 

512; 36 USC 

2101. 

10 USC 1174a, 

1175, 1175a, 

1491; 32 USC 

115; 37 USC 403, 

420, 422. 


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125 STAT. 1466 PUBLIC LAW 112–81—DEC. 31, 2011 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations 

SEC. 641. DISCRETION OF THE SECRETARY OF THE NAVY TO SELECT 

CATEGORIES OF MERCHANDISE TO BE SOLD BY SHIP 

STORES AFLOAT. 

Section 7604(c) of title 10, United States Code, is amended 

by striking ‘‘shall’’ and inserting ‘‘may’’. 

SEC. 642. ACCESS OF MILITARY EXCHANGE STORES SYSTEM TO CREDIT 

AVAILABLE THROUGH FEDERAL FINANCING BANK. 

Section 2487 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(c) ACCESS OF EXCHANGE STORES SYSTEM TO FEDERAL

FINANCING BANK.—To facilitate the provision of in-store credit to 

patrons of the exchange stores system while reducing the costs 

of providing such credit, the Army and Air Force Exchange Service, 

Navy Exchange Service Command, and Marine Corps exchanges 

may issue and sell their obligations to the Federal Financing Bank 

as provided in section 6 of the Federal Financing Bank Act of 

1973 (12 U.S.C. 2285).’’. 

SEC. 643. DESIGNATION OF FISHER HOUSE FOR THE FAMILIES OF 

THE FALLEN AND MEDITATION PAVILION, DOVER AIR 

FORCE BASE, DELAWARE, AS A FISHER HOUSE. 

The Fisher House for the Families of the Fallen and Meditation 

Pavilion at Dover Air Force Base, Delaware, is hereby designated 

as a Fisher House for purposes of section 2493 of title 10, United 

States Code. 

Subtitle F—Disability, Retired Pay and 

Survivor Benefits 

SEC. 651. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES 

WHO DIE DURING AN AUTHORIZED STAY AT THEIR RESIDENCE DURING OR BETWEEN SUCCESSIVE DAYS OF INACTIVE DUTY TRAINING. 

(a) DEATH GRATUITY.— 

(1) PAYMENT AUTHORIZED.—Section 1475(a)(3) of title 10, 

United States Code, is amended by inserting before the semicolon the following: ‘‘or while staying at the Reserve’s residence, 

when so authorized by proper authority, during the period 

of such inactive duty training or between successive days of 

inactive duty training’’. 

(2) TREATMENT AS DEATH DURING INACTIVE DUTY

TRAINING.—Section 1478(a) of such title is amended— 

(A) by redesignating paragraphs (4) through (8) as 

paragraphs (5) through (9), respectively; and 

(B) by inserting after paragraph (3) the following new 

paragraph (4): 

‘‘(4) A person covered by subsection (a)(3) of section 1475 

of this title who died while on authorized stay at the person’s 

residence during a period of inactive duty training or between 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1467 

successive days of inactive duty training is considered to have 

been on inactive duty training on the date of his death.’’. 

(b) RECOVERY, CARE, AND DISPOSITION OF REMAINS AND

RELATED BENEFITS.—Section 1481(a)(2) of such title is amended— 

(1) by redesignating subparagraph (E) and (F) as subparagraphs (F) and (G), respectively; and 

(2) by inserting after subparagraph (D) the following new 

subparagraph (E): 

‘‘(E) staying at the member’s residence, when so 

authorized by proper authority, during a period of inactive 

duty training or between successive days of inactive duty 

training;’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to deaths that occur on or after that 

date. 

Subtitle G—Other Matters 

SEC. 661. REPORT ON BASIC ALLOWANCE FOR HOUSING FOR 

NATIONAL GUARD MEMBERS TRANSITIONING BETWEEN 

ACTIVE DUTY AND FULL-TIME NATIONAL GUARD DUTY. 

(a) STUDY.—The Secretary of Defense shall conduct a study 

on the implications for the monthly amount of basic allowance 

for housing of the transitions of members of the Army National 

Guard of the United States and Air National Guard of the United 

States as follows: 

(1) From active duty under title 10, United States Code, 

to full-time National Guard duty under title 32, United States 

Code. 

(2) From full-time National Guard duty under title 32, 

United States Code, to active duty under title 10, United States 

Code. 

(b) REQUIREMENTS FOR STUDY.—In conducting the study 

required by subsection (a), the Secretary shall— 

(1) take into account all potential variations of circumstance 

involving housing location, basic allowance for housing rates, 

duration of service, duration of break in service, and duty 

status; 

(2) take into account all current applicable policies, practices, and regulations; 

(3) assess potential modifications of policy and law, and 

develop recommendations for modifications of policy and law 

if determined appropriate; and 

(4) take into account the welfare of members of the Armed 

Forces and their families when developing recommendations, 

if any, under paragraph (3). 

(c) REPORT.—Not later than five months after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). The report shall set forth the results of the study, 

including a description of the manner in which each matter specified 

in subsection (b) was met, and include such comments and recommendations on the results of the study as the Secretary considers 

appropriate. 

10 USC 1475 

note. 


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125 STAT. 1468 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 662. REPORT ON INCENTIVES FOR RECRUITMENT AND RETENTION OF HEALTH CARE PROFESSIONALS. 

Not later than 90 days after the date of the enactment of 

this Act, the Surgeons General of the Army, Navy, and Air Force 

shall submit to Congress a report on their staffing needs for health 

care professionals in the active and reserve components of the 

Armed Forces. Such report shall— 

(1) identify the positions in most critical need for additional 

health care professionals, including— 

(A) the number of physicians needed; and 

(B) whether additional behavioral health professionals 

are needed to treat members of the Armed Forces for 

post traumatic stress disorder and traumatic brain injury; 

and 

(2) recommend incentives for healthcare professionals with 

more than 20 years of clinical experience to join the active 

or reserve components, including changes in age or length 

of service requirements to qualify for partial retired pay for 

non-regular service. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Annual enrollment fees for certain retirees and dependents. 

Sec. 702. Mental health assessments for members of the Armed Forces deployed in 

support of a contingency operation. 

Sec. 703. Behavioral health support for members of the reserve components of the 

Armed Forces. 

Sec. 704. Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities. 

Sec. 705. Travel for anesthesia services for childbirth for command-sponsored dependents of members assigned to remote locations outside the continental United States. 

Sec. 706. Transitional health benefits for certain members with extension of active 

duty following active duty in support of a contingency operation. 

Sec. 707. Provision of rehabilitative equipment under Wounded Warrior Act. 

Sec. 708. Transition enrollment of uniformed services family health plan medicareeligible retirees to TRICARE for life. 

Subtitle B—Health Care Administration 

Sec. 711. Codification and improvement of procedures for mental health evaluations for members of the Armed Forces. 

Sec. 712. Extension of time limit for submittal of claims under the TRICARE program for care provided outside the United States. 

Sec. 713. Expansion of State licensure exception for certain health care professionals. 

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

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

program. 

Sec. 716. Review of the administration of the military health system. 

Sec. 717. Limitation on availability of funds for the future electronic health records 

program. 

Subtitle C—Reports and Other Matters 

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

Standard and TRICARE Extra. 

Sec. 722. Treatment of wounded warriors. 

Sec. 723. Report on research and treatment of post-traumatic stress disorder. 

Sec. 724. Report on memorandum regarding traumatic brain injuries. 

Sec. 725. Comptroller General report on women-specific health services and treatment for female members of the Armed Forces. 

Sec. 726. Comptroller General report on contract health care staffing for military 

medical treatment facilities. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1469 

Subtitle A—Improvements to Health 

Benefits 

SEC. 701. ANNUAL ENROLLMENT FEES FOR CERTAIN RETIREES AND 

DEPENDENTS. 

(a) ANNUAL ENROLLMENT FEES.—Section 1097(e) of title 10, 

United States Code, is amended— 

(1) by striking ‘‘The Secretary of Defense’’ and inserting 

‘‘(1) The Secretary of Defense’’; 

(2) by striking ‘‘A premium,’’ and inserting ‘‘Except as 

provided by paragraph (2), a premium,’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) Beginning October 1, 2012, the Secretary of Defense may 

only increase in any year the annual enrollment fees described 

in paragraph (1) by an amount equal to the percentage by which 

retired pay is increased under section 1401a of this title.’’. 

(b) CLARIFICATION OF APPLICATION FOR FISCAL YEAR 2013.— 

The Secretary of Defense shall determine the maximum enrollment 

fees for TRICARE Prime under section 1097(e)(2) of title 10, United 

States Code, as added by subsection (a), for fiscal year 2013 and 

thereafter as if the enrollment fee for each enrollee during fiscal 

year 2012 was the amount charged to an enrollee who enrolled 

for the first time during such fiscal year. 

SEC. 702. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE 

ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. 

(a) MENTAL HEALTH EXAMINATIONS DURING A DEPLOYMENT.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1074l the following 

new section: 

‘‘§ 1074m. Mental health assessments for members of the 

armed forces deployed in support of a contingency operation 

‘‘(a) MENTAL HEALTH ASSESSMENTS.—(1) The Secretary of 

Defense shall provide a person-to-person mental health assessment 

for each member of the armed forces who is deployed in support 

of a contingency operation as follows: 

‘‘(A) Once during the period beginning 120 days before 

the date of the deployment. 

‘‘(B) Once during the period beginning 90 days after the 

date of redeployment from the contingency operation and 

ending 180 days after such redeployment date. 

‘‘(C) Subject to subsection (d), not later than once during 

each of— 

‘‘(i) the period beginning 180 days after the date of 

redeployment from the contingency operation and ending 

one year after such redeployment date; and 

‘‘(ii) the period beginning 18 months after such 

redeployment date and ending 30 months after such 

redeployment date. 

‘‘(2) A mental health assessment is not required for a member 

of the armed forces under subparagraph (B) and (C) of paragraph 

(1) if the Secretary determines that— 

Determination. 

Time period. 

Determination. 

10 USC 1097 

note. 

Effective date. 


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125 STAT. 1470 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(A) the member was not subjected or exposed to operational risk factors during deployment in the contingency operation concerned; or 

‘‘(B) providing such assessment to the member during the 

time periods under such subparagraphs would remove the 

member from forward deployment or put members or operational objectives at risk. 

‘‘(b) PURPOSE.—The purpose of the mental health assessments 

provided pursuant to this section shall be to identify post-traumatic 

stress disorder, suicidal tendencies, and other behavioral health 

conditions identified among members described in subsection (a) 

in order to determine which such members are in need of additional 

care and treatment for such health conditions. 

‘‘(c) ELEMENTS.—(1) The mental health assessments provided 

pursuant to this section shall— 

‘‘(A) be performed by personnel trained and certified to 

perform such assessments and may be performed— 

‘‘(i) by licensed mental health professionals if such 

professionals are available and the use of such professionals 

for the assessments would not impair the capacity of such 

professionals to perform higher priority tasks; and 

‘‘(ii) by personnel at private facilities in accordance 

with section 1074(c) of this title; 

‘‘(B) include a person-to-person dialogue between members 

described in subsection (a) and the professionals or personnel 

described by subparagraph (A), as applicable, on such matters 

as the Secretary shall specify in order that the assessments 

achieve the purpose specified in subsection (b) for such assessments; 

‘‘(C) be conducted in a private setting to foster trust and 

openness in discussing sensitive health concerns; 

‘‘(D) be provided in a consistent manner across the military 

departments; and 

‘‘(E) include a review of the health records of the member 

that are related to each previous deployment of the member 

or other relevant activities of the member while serving in 

the armed forces, as determined by the Secretary. 

‘‘(2) The Secretary may treat periodic health assessments and 

other person-to-person assessments that are provided to members 

of the armed forces, including examinations under section 1074f 

of this title, as meeting the requirements for mental health assessments required under this section if the Secretary determines that 

such assessments and person-to-person assessments meet the 

requirements for mental health assessments established by this 

section. 

‘‘(d) CESSATION OF ASSESSMENTS.—No mental health assessment is required to be provided to an individual under subsection 

(a)(1)(C) after the individual’s discharge or release from the armed 

forces. 

‘‘(e) SHARING OF INFORMATION.—(1) The Secretary of Defense 

shall share with the Secretary of Veterans Affairs such information 

on members of the armed forces that is derived from confidential 

mental health assessments, including mental health assessments 

provided pursuant to this section and health assessments and other 

person-to-person assessments provided before the date of the enactment of this section, as the Secretary of Defense and the Secretary 

of Veterans Affairs jointly consider appropriate to ensure continuity 

Determination. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1471 

of mental health care and treatment of members of the armed 

forces during the transition from health care and treatment provided by the Department of Defense to health care and treatment 

provided by the Department of Veterans Affairs. 

‘‘(2) Any sharing of information under paragraph (1) shall occur 

pursuant to a protocol jointly established by the Secretary of 

Defense and the Secretary of Veterans Affairs for purposes of this 

subsection. Any such protocol shall be consistent with the following: 

‘‘(A) Applicable provisions of the Wounded Warrior Act 

(title XVI of Public Law 110–181; 10 U.S.C. 1071 note), 

including section 1614 of such Act (122 Stat. 443; 10 U.S.C. 

1071 note). 

‘‘(B) Section 1720F of title 38. 

‘‘(3) Before each mental health assessment is conducted under 

subsection (a), the Secretary of Defense shall ensure that the 

member is notified of the sharing of information with the Secretary 

of Veterans Affairs under this subsection. 

‘‘(f) REGULATIONS.—(1) The Secretary of Defense, in consultation 

with the other administering Secretaries, shall prescribe regulations 

for the administration of this section. 

‘‘(2) Not later than 270 days after the date of the issuance 

of the regulations prescribed under paragraph (1), the Secretary 

shall notify the congressional defense committees of the 

implementation of the regulations by the military departments.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 55 of such title is amended by inserting 

after the item relating to section 1074l the following new item: 

‘‘1074m. Mental health assessments for members of the armed forces deployed in 

support of a contingency operation.’’. 

(3) REGULATIONS.—The Secretary of Defense shall prescribe 

an interim final rule with respect to the amendment made 

by paragraph (1), effective not later than 90 days after the 

date of the enactment of this Act. 

(b) CONFORMING REPEAL.—Section 708 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2376; 10 U.S.C. 1074f note) is repealed. 

SEC. 703. BEHAVIORAL HEALTH SUPPORT FOR MEMBERS OF THE 

RESERVE COMPONENTS OF THE ARMED FORCES. 

(a) MENTAL HEALTH ASSESSMENTS.—Section 1074a of title 10, 

United States Code, is amended— 

(1) by redesignating subsection (h) as subsection (i); 

(2) by inserting after subsection (g) the following new subsection (h): 

‘‘(h)(1) The Secretary of Defense may provide to any member 

of the reserve components performing inactive-duty training during 

scheduled unit training assemblies access to mental health assessments with a licensed mental health professional who shall be 

available for referrals during duty hours on the premises of the 

principal duty location of the member’s unit. 

‘‘(2) Mental health services provided to a member under this 

subsection shall be at no cost to the member.’’; and 

(3) in subsection (i), as redesignated by paragraph (1), 

by striking ‘‘medical and dental readiness’’ and inserting ‘‘medical, dental, and behavioral health readiness’’. 

(b) BEHAVIORAL HEALTH SUPPORT.— 10 USC 10101 

note. 

Effective date. 

10 USC 1074m 

note. 

Deadline. 

Notification. 

Notification. 


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125 STAT. 1472 PUBLIC LAW 112–81—DEC. 31, 2011 

(1) IN GENERAL.—Each member of a reserve component 

of the Armed Forces participating in annual training or individual duty training shall have access, while so participating, 

to the behavioral health support programs for members of 

the reserve components described in paragraph (2). 

(2) BEHAVIORAL HEALTH SUPPORT PROGRAMS.—The behavioral health support programs for members of the reserve 

components described in this paragraph shall include one or 

any combination of the following: 

(A) Programs providing access to licensed mental 

health providers in armories, reserve centers, or other 

places for scheduled unit training assemblies. 

(B) Programs providing training on suicide prevention 

and post-suicide response. 

(C) Psychological health programs. 

(D) Such other programs as the Secretary of Defense, 

in consultation with the Surgeon General for the National 

Guard of the State in which the members concerned reside, 

the Director of Psychological Health of the State in which 

the members concerned reside, the Department of Mental 

Health or the equivalent agency of the State in which 

the members concerned reside, or the Director of the 

Psychological Health Program of the National Guard 

Bureau, considers appropriate. 

(3) FUNDING.—Behavioral health support programs provided to members of the reserve components under this subsection shall be provided using amounts made available for 

operation and maintenance for the reserve components. 

(4) STATE DEFINED.—In this subsection, the term ‘‘State’’ 

has the meaning given that term in section 10001 of title 

10, United States Code. 

SEC. 704. PROVISION OF FOOD TO CERTAIN MEMBERS AND DEPENDENTS NOT RECEIVING INPATIENT CARE IN MILITARY MEDICAL TREATMENT FACILITIES. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 

is amended by inserting after section 1078a the following new 

section: 

‘‘§ 1078b. Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities 

‘‘(a) IN GENERAL.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary may provide food and beverages 

to an individual described in paragraph (2) at no cost to the individual. 

‘‘(2) An individual described in this paragraph is the following: 

‘‘(A) A member of the uniformed services or dependent— 

‘‘(i) who is receiving outpatient medical care at a military medical treatment facility; and 

‘‘(ii) whom the Secretary determines is unable to purchase food and beverages while at such facility by virtue 

of receiving such care. 

‘‘(B) A member of the uniformed services or dependent— 

‘‘(i) who is a family member of an infant receiving 

inpatient medical care at a military medical treatment 

facility; 

Regulations. 


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‘‘(ii) who provides care to the infant while the infant 

receives such inpatient medical care; and 

‘‘(iii) whom the Secretary determines is unable to purchase food and beverages while at such facility by virtue 

of providing such care to the infant. 

‘‘(C) A member of the uniformed services or dependent 

whom the Secretary determines is under similar circumstances 

as a member or dependent described in subparagraph (A) or 

(B). 

‘‘(b) REGULATIONS.—The Secretary shall ensure that regulations 

prescribed under this section are consistent with generally accepted 

practices in private medical treatment facilities.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1078a the following new item: 

‘‘1078b. Provision of food to certain members and dependents not receiving inpatient 

care in military medical treatment facilities.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is 90 days after the date of 

the enactment of this Act. 

SEC. 705. TRAVEL FOR ANESTHESIA SERVICES FOR CHILDBIRTH FOR 

COMMAND-SPONSORED DEPENDENTS OF MEMBERS 

ASSIGNED TO REMOTE LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES. 

Section 1040(a) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2)(A) Except as provided by subparagraph (E), for purposes 

of paragraph (1), required medical attention of a dependent includes, 

in the case of a dependent authorized to accompany a member 

at a location described in that paragraph, obstetrical anesthesia 

services for childbirth equivalent to the obstetrical anesthesia services for childbirth available in a military treatment facility in the 

United States. 

‘‘(B) In the case of a dependent at a remote location outside 

the continental United States who elects services described in 

subparagraph (A) and for whom air transportation would be needed 

to travel under paragraph (1) to the nearest appropriate medical 

facility in which adequate medical care is available, the Secretary 

may authorize the dependent to receive transportation under that 

paragraph to the continental United States and be treated at the 

military treatment facility that can provide appropriate obstetrical 

services that is nearest to the closest port of entry into the continental United States from such remote location. 

‘‘(C) The second through sixth sentences of paragraph (1) shall 

apply to a dependent provided transportation by reason of this 

paragraph. 

‘‘(D) The total cost incurred by the United States for the provision of transportation and expenses (including per diem) with 

respect to a dependent by reason of this paragraph may not exceed 

the cost the United States would otherwise incur for the provision 

of transportation and expenses with respect to that dependent 

under paragraph (1) if the transportation and expenses were provided to that dependent without regard to this paragraph. 

‘‘(E) The Secretary may not provide transportation to a 

dependent under this paragraph if the Secretary determines that— 

Determination. 

Applicability. 

10 USC 1078b 

note. 


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‘‘(i) the dependent would otherwise receive obstetrical anesthesia services at a military treatment facility; and 

‘‘(ii) such facility, in carrying out the required number 

of necessary obstetric cases, would not maintain competency 

of its obstetrical staff unless the facility provides such services 

to such dependent. 

‘‘(F) The authority under this paragraph shall expire on September 30, 2016.’’. 

SEC. 706. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS 

WITH EXTENSION OF ACTIVE DUTY FOLLOWING ACTIVE 

DUTY IN SUPPORT OF A CONTINGENCY OPERATION. 

Section 1145(a)(4) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘For purposes 

of the preceding sentence, in the case of a member on active duty 

as described in subparagraph (B), (C), or (D) of paragraph (2) 

who, without a break in service, is extended on active duty for 

any reason, the 180-day period shall begin on the date on which 

the member is separated from such extended active duty.’’. 

SEC. 707. PROVISION OF REHABILITATIVE EQUIPMENT UNDER 

WOUNDED WARRIOR ACT. 

Section 1631 of the Wounded Warrior Act (title XVI of Public 

Law 110–181; 10 U.S.C. 1071 note) is amended by adding at the 

end the following: 

‘‘(c) REHABILITATIVE EQUIPMENT FOR MEMBERS OF THE ARMED

FORCES.— 

‘‘(1) IN GENERAL.—Subject to the availability of appropriations for such purpose, the Secretary of Defense may provide 

an active duty member of the Armed Forces with a severe 

injury or illness with rehabilitative equipment, including recreational sports equipment that provide an adaption or 

accommodation for the member, regardless of whether such 

equipment is intentionally designed to be adaptive equipment. 

‘‘(2) CONSULTATION.—In carrying out this subsection, the 

Secretary of Defense shall consult with the Secretary of Veterans Affairs regarding similar programs carried out by the 

Secretary of Veterans Affairs.’’. 

SEC. 708. TRANSITION ENROLLMENT OF UNIFORMED SERVICES 

FAMILY HEALTH PLAN MEDICARE-ELIGIBLE RETIREES TO 

TRICARE FOR LIFE. 

Section 724(e) of the National Defense Authorization Act for 

Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is 

amended— 

(1) by striking ‘‘If a covered beneficiary’’ and inserting 

‘‘(1) Except as provided in paragraph (2), if a covered beneficiary’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) After September 30, 2012, a covered beneficiary (other 

than a beneficiary under section 1079 of title 10, United States 

Code) who is also entitled to hospital insurance benefits under 

part A of title XVIII of the Social Security Act due to age may 

not enroll in the managed care program of a designated provider 

unless the beneficiary was enrolled in that program on September 

30, 2012.’’. 

Time period. 

Expiration date. 


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Subtitle B—Health Care Administration 

SEC. 711. CODIFICATION AND IMPROVEMENT OF PROCEDURES FOR 

MENTAL HEALTH EVALUATIONS FOR MEMBERS OF THE 

ARMED FORCES. 

(a) CODIFICATION AND IMPROVEMENT OF PROCEDURES.— 

(1) IN GENERAL.—Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1090 the following 

new section: 

‘‘§ 1090a. Commanding officer and supervisor referrals of 

members for mental health evaluations 

‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe 

and maintain regulations relating to commanding officer and supervisor referrals of members of the armed forces for mental health 

evaluations. The regulations shall incorporate the requirements 

set forth in subsections (b), (c), and (d) and such other matters 

as the Secretary considers appropriate. 

‘‘(b) REDUCTION OF PERCEIVED STIGMA.—The regulations 

required by subsection (a) shall, to the greatest extent possible— 

‘‘(1) seek to eliminate perceived stigma associated with 

seeking and receiving mental health services, promoting the 

use of mental health services on a basis comparable to the 

use of other medical and health services; and 

‘‘(2) clarify the appropriate action to be taken by commanders or supervisory personnel who, in good faith, believe 

that a subordinate may require a mental health evaluation. 

‘‘(c) PROCEDURES FOR INPATIENT EVALUATIONS.—The regulations required by subsection (a) shall provide that, when a commander or supervisor determines that it is necessary to refer a 

member of the armed forces for a mental health evaluation— 

‘‘(1) the health evaluation shall only be conducted in the 

most appropriate clinical setting, in accordance with the least 

restrictive alternative principle; and 

‘‘(2) only a psychiatrist, or, in cases in which a psychiatrist 

is not available, another mental health professional or a physician, may admit the member pursuant to the referral for a 

mental health evaluation to be conducted on an inpatient basis. 

‘‘(d) PROHIBITION ON USE OF REFERRALS FOR MENTAL HEALTH

EVALUATIONS TO RETALIATE AGAINST WHISTLEBLOWERS.—The regulations required by subsection (a) shall provide that no person 

may refer a member of the armed forces for a mental health 

evaluation as a reprisal for making or preparing a lawful communication of the type described in section 1034(c)(2) of this title, 

and applicable regulations. For purposes of this subsection, such 

communication shall also include a communication to any appropriate authority in the chain of command of the member. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘mental health professional’ means a psychiatrist or clinical psychologist, a person with a doctorate in clinical 

social work, or a psychiatric clinical nurse specialist. 

‘‘(2) The term ‘mental health evaluation’ means a psychiatric examination or evaluation, a psychological examination 

or evaluation, an examination for psychiatric or psychological 

fitness for duty, or any other means of assessing the state 

of mental health of a member of the armed forces. 


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‘‘(3) The term ‘least restrictive alternative principle’ means 

a principle under which a member of the armed forces committed for hospitalization and treatment shall be placed in 

the most appropriate and therapeutic available setting— 

‘‘(A) that is no more restrictive than is conducive to 

the most effective form of treatment; and 

‘‘(B) in which treatment is available and the risks 

of physical injury or property damage posed by such placement are warranted by the proposed plan of treatment.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 55 of such title is amended by inserting 

after the item relating to section 1090 the following new item: 

‘‘1090a. Commanding officer and supervisor referrals of members for mental health 

evaluations.’’. 

(b) CONFORMING REPEAL.—Section 546 of the National Defense 

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 

Stat. 2416; 10 U.S.C. 1074 note) is repealed. 

SEC. 712. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS 

UNDER THE TRICARE PROGRAM FOR CARE PROVIDED 

OUTSIDE THE UNITED STATES. 

Section 1106(b) of title 10, United States Code, is amended 

by striking ‘‘not later than’’ and all that follows and inserting 

the following: ‘‘as follows: 

‘‘(1) In the case of services provided outside the United 

States, the Commonwealth of Puerto Rico, or the possessions 

of the United States, by not later than three years after the 

services are provided. 

‘‘(2) In the case of any other services, by not later than 

one year after the services are provided.’’. 

SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN 

HEALTH CARE PROFESSIONALS. 

(a) EXPANSION.—Section 1094(d) of title 10, United States Code, 

is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘at any location’’ before ‘‘in any State’’; 

and 

(B) by striking ‘‘regardless’’ and all that follows through 

the period at the end and inserting ‘‘regardless of where 

such health-care professional or the patient are located, 

so long as the practice is within the scope of the authorized 

Federal duties.’’; and 

(2) in paragraph (2), by striking ‘‘member of the armed 

forces’’ and inserting ‘‘member of the armed forces, civilian 

employee of the Department of Defense, personal services contractor under section 1091 of this title, or other health-care 

professional credentialed and privileged at a Federal health 

care institution or location specially designated by the Secretary 

for this purpose’’. 

(b) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to carry out the amendments made by this section. 

SEC. 714. CLARIFICATION ON CONFIDENTIALITY OF MEDICAL QUALITY 

ASSURANCE RECORDS. 

(a) IN GENERAL.—Section 1102(j) of title 10, United States 

Code, is amended— 

10 USC 1094 

note. 


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(1) in paragraph (1), by striking ‘‘any activity carried out’’ 

and inserting ‘‘any peer review activity carried out’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(4) The term ‘peer review’ means any assessment of the 

quality of medical care carried out by a health care professional, 

including any such assessment of professional performance, 

any patient safety program root cause analysis or report, or 

any similar activity described in regulations prescribed by the 

Secretary under subsection (i).’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on January 1, 2012. 

SEC. 715. MAINTENANCE OF THE ADEQUACY OF PROVIDER NETWORKS 

UNDER THE TRICARE PROGRAM. 

Section 1097b(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) In establishing rates and procedures for reimbursement 

of providers and other administrative requirements, including those 

contained in provider network agreements, the Secretary shall, 

to the extent practicable, maintain adequate networks of providers, 

including institutional, professional, and pharmacy. For the purpose 

of determining whether network providers under such provider 

network agreements are subcontractors for purposes of the Federal 

Acquisition Regulation or any other law, a TRICARE managed 

care support contract that includes the requirement to establish, 

manage, or maintain a network of providers may not be considered 

to be a contract for the performance of health care services or 

supplies on the basis of such requirement.’’. 

SEC. 716. REVIEW OF THE ADMINISTRATION OF THE MILITARY HEALTH 

SYSTEM. 

(a) PROHIBITION ON RESTRUCTURE OR REORGANIZATION.— (1) IN GENERAL.—The Secretary of Defense may not restructure or reorganize the military health system until a 120- 

day period has elapsed following the date on which the report 

under subsection (b)(3) is submitted by the Comptroller General 

of the United States to the congressional defense committees. 

(2) REPORT.—The Secretary shall submit to the congressional defense committees a report that includes the following: 

(A) A description of each of the options developed and 

considered by the task force established by the Deputy 

Secretary of Defense to review the governance model 

options for the military health system (in this section 

referred to as the ‘‘task force’’). 

(B) The goals to be achieved by restructure or reorganization and the principles upon which they are based. 

(C) A description of how each option would affect readiness, quality of care, and beneficiary satisfaction. 

(D) An explanation of the costs of each option so considered. 

(E) An analysis of the strengths and weaknesses of 

each option. 

(F) An estimate of the cost savings, if any, to be 

achieved by each option compared to the military health 

system in place on the date of the enactment of this Act. 

(b) COMPTROLLER GENERAL REVIEW.— 

(1) REVIEW REQUIRED.—The Comptroller General of the 

United States shall carry out a review of the options described 

Time period. 

10 USC 1102 

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under subsection (a)(2)(A) and the recommendations made by 

the task force. 

(2) ELEMENTS.—The review under paragraph (1) shall 

include the following: 

(A) An analysis of the strengths and weaknesses of 

each option. 

(B) A comparison of each option to each of the governance models for the military health system adopted as 

of October 1, 1991. 

(C) An estimate of the costs to implement each option. 

(D) An estimate of the cost savings, if any, to be 

achieved by each option compared to the military health 

system in place on the date of the enactment of this Act. 

(3) REPORT.—Not later than 180 days after the date on 

which the Secretary submits the report under subsection (a)(2), 

the Comptroller General shall submit to the congressional 

defense committees a report on the review. 

SEC. 717. LIMITATION ON AVAILABILITY OF FUNDS FOR THE FUTURE 

ELECTRONIC HEALTH RECORDS PROGRAM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by this Act or otherwise made available for fiscal year 2012 for 

the procurement, research, development, test, and evaluation, or 

operation and maintenance of the future electronic health records 

program, not more than 10 percent may be obligated or expended 

until the date that is 30 days after the date on which the Secretary 

of Defense submits to the congressional defense committees a report 

addressing— 

(1) an architecture to guide the transition of the electronic 

health records of the Department of Defense to a future state 

that is cost-effective and interoperable; 

(2) the process for selecting investments in information 

technology that support the architecture described in paragraph 

(1); 

(3) the report required by section 715 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 124 Stat. 4249); 

(4) the role of the Interagency Program Office to manage 

or oversee efforts with respect to the future electronic health 

records program; and 

(5) any other matters the Secretary considers appropriate. 

(b) FUTURE ELECTRONIC HEALTH RECORDS PROGRAM

DEFINED.—In this section, the term ‘‘future electronic health records 

program’’ means the programs of the Department of Defense 

referred to as the ‘‘EHR way ahead’’ and the ‘‘virtual lifetime 

electronic record’’. 

Subtitle C—Reports and Other Matters 

SEC. 721. MODIFICATION OF AUTHORITIES ON SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND TRICARE 

EXTRA. 

(a) SCOPE OF CERTAIN SURVEYS.—Subsection (a)(3)(A) of section 

711 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 190; 10 U.S.C. 1073 note) 

is amended by striking ‘‘2011’’ and inserting ‘‘2015’’. 

Effective date. 

Reports. 


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(b) FREQUENCY OF SUBMITTAL OF GAO REVIEWS.—Subsection 

(b)(2) of such section is amended by striking ‘‘bi-annual basis’’ 

and inserting ‘‘biennial basis’’. 

SEC. 722. TREATMENT OF WOUNDED WARRIORS. 

The Secretary of Defense may establish a program to enter 

into partnerships to enable coordinated, rapid clinical evaluation 

and the application of evidence-based treatment strategies for 

wounded service members, with an emphasis on the most common 

musculoskeletal injuries, that will address the priorities of the 

Armed Forces with respect to retention and readiness. 

SEC. 723. REPORT ON RESEARCH AND TREATMENT OF POST-TRAUMATIC STRESS DISORDER. 

Not later than one year after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report assessing the benefits of neuroimaging 

research in an effort to identify, and improve the diagnosis of, 

post-traumatic stress disorder. 

SEC. 724. REPORT ON MEMORANDUM REGARDING TRAUMATIC BRAIN 

INJURIES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on— 

(1) the implementation of the policy of the Department 

of Defense related to the management of concussion and mild 

traumatic brain injury in the deployed setting; 

(2) the effectiveness of such policy with respect to identifying and treating blast-related concussive injuries; and 

(3) the effect of such policy on operational effectiveness 

in theater. 

SEC. 725. COMPTROLLER GENERAL REPORT ON WOMEN-SPECIFIC 

HEALTH SERVICES AND TREATMENT FOR FEMALE MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall carry out a review of women-specific health services and 

treatment for female members of the Armed Forces. 

(b) ELEMENTS.—The review required by subsection (a) shall 

address, at a minimum, the following: 

(1) The need for women-specific health outreach, prevention, and treatment services for female members of the Armed 

Forces. 

(2) The access to and efficacy of existing women-specific 

mental health outreach, prevention, and treatment services 

and programs (including substance abuse programs). 

(3) The availability of women-specific services and treatment for female members of the Armed Forces who experience 

sexual assault or sexual abuse. 

(4) The access to and need for military medical treatment 

facilities to provide for the women-specific health care needs 

of female members of the Armed Forces. 

(5) The access to and efficacy of women-specific breast 

cancer services and programs with respect to outreach, prevention, and treatment. 

10 USC 1071 

note. 


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(6) The need for further clinical research on the womenspecific health care needs of female members of the Armed 

Forces who served in a combat zone. 

(7) An assessment of the policies, procedures, and programs 

of the Department of Defense that include specific force health 

protection and access to care for female members of the Armed 

Forces as an element of readiness. 

(c) REPORT.—Not later than December 31, 2012, the Comptroller General shall submit to the congressional defense committees 

a report on the review required by subsection (a). 

SEC. 726. COMPTROLLER GENERAL REPORT ON CONTRACT HEALTH 

CARE STAFFING FOR MILITARY MEDICAL TREATMENT 

FACILITIES. 

(a) REPORT.—Not later than March 31, 2012, the Comptroller 

General of the United States shall submit to the Committee on 

Armed Services of the House of Representatives and the Committee 

on Armed Services of the Senate a report on the contracting activities of the military departments with respect to providing health 

care professional services to members of the Armed Forces, dependents, and retirees. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) A review of the contracting practices used by the military departments to provide health care professional services 

by civilian providers. 

(2) An assessment of whether the contracting practices 

described in paragraph (1) are the most cost effective means 

to provide necessary care. 

(3) A determination of— 

(A) the percentage of contract health care professionals 

who provide services to members of the Armed Forces, 

dependents, or retirees in military medical treatment facilities or other on-base facilities; and 

(B) the percentage of contract health care professionals 

who provide services to members of the Armed Forces, 

dependents, or retirees in off-base private facilities. 

(4) A comparison of the cost associated with the provision 

of care by contract health care professionals described in subparagraphs (A) and (B) of paragraph (3). 

(5) An assessment of whether or not consolidating health 

care staffing requirements for military medical treatment facilities and other on-base clinics in defined geographic areas 

(including regions or catchment areas) would achieve economies 

of scale and cost savings or avoidance with respect to contracting for health care professionals. 

(6) An assessment of whether private sector entities that 

provide health care professional staff on a contract basis to 

military medical treatment facilities and other on-base clinics 

meet certain basic standards of professionalism, including those 

described in section 732(c)(2)(A) of the National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2297). 

(7) An assessment of the acquisition training and experience of the contracting officers or other personnel within military medical treatment facilities that award or administer contracts regarding the services of health care professionals. 


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(8) Any recommendations the Comptroller General considers appropriate regarding improving the contracting activities of the military departments with respect to providing health 

care professional services. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Requirements relating to core depot-level maintenance and repair capabilities for Milestone A and Milestone B and elimination of references 

to Key Decision Points A and B. 

Sec. 802. Revision to law relating to disclosures to litigation support contractors. 

Sec. 803. Extension of applicability of the senior executive benchmark compensation amount for purposes of allowable cost limitations under defense 

contracts. 

Sec. 804. Extension of availability of funds in the Defense Acquisition Workforce 

Development Fund. 

Sec. 805. Defense Contract Audit Agency annual report. 

Sec. 806. Inclusion of data on contractor performance in past performance databases for source selection decisions. 

Sec. 807. Implementation of recommendations of Defense Science Board Task Force 

on Improvements to Service Contracting. 

Sec. 808. Temporary limitation on aggregate annual amount available for contract 

services. 

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

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 811. Calculation of time period relating to report on critical changes in major 

automated information systems. 

Sec. 812. Change in deadline for submission of Selected Acquisition Reports from 

60 to 45 days. 

Sec. 813. Extension of sunset date for certain protests of task and delivery order 

contracts. 

Sec. 814. Clarification of Department of Defense authority to purchase right-hand 

drive passenger sedan vehicles and adjustment of threshold for inflation. 

Sec. 815. Rights in technical data and validation of proprietary data restrictions. 

Sec. 816. Covered contracts for purposes of requirements on contractor business 

systems. 

Sec. 817. Compliance with defense procurement requirements for purposes of internal controls of non-defense agencies for procurements on behalf of the 

Department of Defense. 

Sec. 818. Detection and avoidance of counterfeit electronic parts. 

Sec. 819. Modification of certain requirements of the Weapon Systems Acquisition 

Reform Act of 2009. 

Sec. 820. Inclusion of contractor support requirements in Department of Defense 

planning documents. 

Sec. 821. Amendment relating to buying tents, tarpaulins, or covers from American 

sources. Sec. 822. Repeal of sunset of authority to procure fire resistant rayon fiber from 

foreign sources for the production of uniforms. 

Sec. 823. Prohibition on collection of political information. 

Subtitle C—Provisions Relating to Major Defense Acquisition Programs 

Sec. 831. Waiver of requirements relating to new milestone approval for certain 

major defense acquisition programs experiencing critical cost growth 

due to change in quantity purchased. 

Sec. 832. Assessment, management, and control of operating and support costs for 

major weapon systems. 

Sec. 833. Clarification of responsibility for cost analyses and targets for contract negotiation purposes. 

Sec. 834. Modification of requirements for guidance on management of manufacturing risk in major defense acquisition programs. 


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Sec. 835. Management of developmental test and evaluation for major defense acquisition programs. 

Sec. 836. Assessment of risk associated with development of major weapon systems 

to be procured under cooperative projects with friendly foreign countries. 

Sec. 837. Competition in maintenance and sustainment of subsystems of major 

weapon systems. 

Sec. 838. Oversight of and reporting requirements with respect to Evolved Expendable Launch Vehicle program. 

Sec. 839. Implementation of acquisition strategy for Evolved Expendable Launch 

Vehicle. 

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations 

in Iraq or Afghanistan 

Sec. 841. Prohibition on contracting with the enemy in the United States Central 

Command theater of operations. 

Sec. 842. Additional access to contractor and subcontractor records in the United 

States Central Command theater of operations. 

Sec. 843. Reach-back contracting authority for Operation Enduring Freedom and 

Operation New Dawn. 

Sec. 844. Competition and review of contracts for property or services in support 

of a contingency operation. 

Sec. 845. Inclusion of associated support services in rapid acquisition and deployment procedures for supplies. 

Sec. 846. Joint Urgent Operational Needs Fund to rapidly meet urgent operational 

needs. 

Subtitle E—Defense Industrial Base Matters 

Sec. 851. Assessment of the defense industrial base pilot program. 

Sec. 852. Strategy for securing the defense supply chain and industrial base. 

Sec. 853. Assessment of feasability and advisability of establishment of rare earth 

material inventory. 

Sec. 854. Department of Defense assessment of industrial base for night vision 

image intensification sensors. 

Sec. 855. Technical amendment relating to responsibilities of Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy. 

Subtitle F—Other Matters 

Sec. 861. Clarification of jurisdiction of the United States district courts to hear bid 

protest disputes involving maritime contracts. 

Sec. 862. Encouragement of contractor Science, Technology, Engineering, and Math 

(STEM) programs. 

Sec. 863. Sense of Congress and report on authorities available to the Department 

of Defense for multiyear contracts for the purchase of alternative fuels. 

Sec. 864. Acquisition workforce improvements. 

Sec. 865. Modification of delegation of authority to make determinations on entry 

into cooperative research and development agreements with NATO and 

other friendly organizations and countries. 

Sec. 866. Three-year extension of test program for negotiation of comprehensive 

small business subcontracting plans. 

Sec. 867. Five-year extension of Department of Defense Mentor-Protege Program. 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. REQUIREMENTS RELATING TO CORE DEPOT-LEVEL MAINTENANCE AND REPAIR CAPABILITIES FOR MILESTONE A AND 

MILESTONE B AND ELIMINATION OF REFERENCES TO KEY 

DECISION POINTS A AND B. 

(a) ADDITIONAL MILESTONE A REQUIREMENTS.— (1) ADDITIONAL ITEMS OF CERTIFICATION.—Subsection (a) 

of section 2366a of title 10, United States Code, is amended— 

(A) in paragraph (2), by striking ‘‘core competency’’ 

and inserting ‘‘function’’; 

(B) by redesignating paragraphs (4) and (5) as paragraphs (6) and (7), respectively; 


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(C) by inserting after paragraph (3) the following new 

paragraph (4): 

‘‘(4) that a determination of applicability of core depotlevel maintenance and repair capabilities requirements has 

been made;’’; and 

(D) in paragraph (6) (as so redesignated), by striking 

‘‘develop and procure’’ and inserting ‘‘develop, procure, and 

sustain’’. 

(2) DEFINITION.—Subsection (c) of such section is amended 

by adding at the end the following new paragraph: 

‘‘(7) The term ‘core depot-level maintenance and repair 

capabilities’’ means the core depot-level maintenance and repair 

capabilities identified under section 2464(a) of this title.’’. 

(b) ADDITIONAL MILESTONE B REQUIREMENTS.— (1) ADDITIONAL ITEM OF CERTIFICATION.—Subsection (a)(3) 

of section 2366b of title 10, United States Code, is amended— 

(A) by redesignating subparagraph (E) as subparagraph (G); 

(B) by striking ‘‘and’’ at the end of subparagraph (D); 

and 

(C) by inserting after subparagraph (D) the following 

new subparagraphs: 

‘‘(E) life-cycle sustainment planning, including corrosion prevention and mitigation planning, has identified 

and evaluated relevant sustainment costs throughout 

development, production, operation, sustainment, and disposal of the program, and any alternatives, and that such 

costs are reasonable and have been accurately estimated; 

‘‘(F) an estimate has been made of the requirements 

for core depot-level maintenance and repair capabilities, 

as well as the associated logistics capabilities and the associated sustaining workloads required to support such 

requirements; and’’. 

(2) DEFINITION.—Subsection (g) of such section is amended 

by striking paragraph (5) (relating to Key Decision Point B) 

and inserting the following new paragraph (5): 

‘‘(5) The term ‘core logistics capabilities’ means the core 

logistics capabilities identified under section 2464(a) of this 

title.’’. 

(c) REQUIREMENTS PRIOR TO LOW-RATE INITIAL PRODUCTION.— 

Prior to entering into a contract for low-rate initial production 

of a major defense acquisition program, the Secretary of Defense 

shall ensure that the detailed requirements for core depot-level 

maintenance and repair capabilities, as well as the associated logistics capabilities and the associated sustaining workloads required 

to support such requirements, have been defined. 

(d) GUIDANCE.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall issue guidance 

implementing the amendments made by subsections (a) and (b), 

and subsection (c), in a manner that is consistent across the Department of Defense. 

(e) ELIMINATION OF REFERENCES TO KEY DECISION POINTS A 

AND B.— 

(1) AMENDMENTS TO SECTION 2366a.—Section 2366a of title 

10, United States Code, is amended— 

(A) in the section heading, by striking ‘‘or Key Decision Point’’; 

Deadline. 

10 USC 2366a 

note. 

10 USC 2366a 

note. 


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(B) in subsection (a), in the matter preceding paragraph 

(1), by striking ‘‘, or Key Decision Point A approval in 

the case of a space program,’’ and by striking ‘‘, or Key 

Decision Point B approval in the case of a space program,’’; 

and 

(C) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘(or Key Decision 

Point A approval in the case of a space program)’’; 

and 

(ii) in paragraph (2)(C)(ii), by striking ‘‘, or Key 

Decision Point A approval in the case of a space program,’’. 

(2) AMENDMENTS TO SECTION 2366b.—Section 2366b of such 

title is amended— 

(A) in the section heading, by striking ‘‘or Key Decision Point B’’; 

(B) in subsection (a), in the matter preceding paragraph 

(1), by striking ‘‘, or Key Decision Point B approval in 

the case of a space program,’’; and 

(C) in subsections (b)(2) and (d)(1), by striking ‘‘(or 

Key Decision Point B approval in the case of a space 

program)’’ each place it appears. 

(3) AMENDMENTS TO TABLE OF SECTIONS.—The items 

relating to sections 2366a and 2366b in the table of sections 

at the beginning of chapter 139 of such title are amended 

to read as follows: 

‘‘2366a. Major defense acquisition programs: certification required before Milestone 

A approval. 

‘‘2366b. Major defense acquisition programs: certification required before Milestone 

B approval.’’. 

(4) ADDITIONAL CONFORMING AMENDMENTS.—Section 

2433a(c)(1) of such title is amended by striking ‘‘, or Key Decision Point approval in the case of a space program,’’ each 

place it appears in subparagraphs (B) and (C). 

SEC. 802. REVISION TO LAW RELATING TO DISCLOSURES TO LITIGATION SUPPORT CONTRACTORS. 

(a) IN GENERAL.— 

(1) REVISED AUTHORITY TO COVER DISCLOSURES UNDER

LITIGATION SUPPORT CONTRACTS.—Chapter 3 of title 10, United 

States Code, is amended by inserting after section 129c the 

following new section: 

‘‘§ 129d. Disclosure to litigation support contractors 

‘‘(a) DISCLOSURE AUTHORITY.—An officer or employee of the 

Department of Defense may disclose sensitive information to a 

litigation support contractor if— 

‘‘(1) the disclosure is for the sole purpose of providing 

litigation support to the Government in the form of administrative, technical, or professional services during or in anticipation 

of litigation; and 

‘‘(2) under a contract with the Government, the litigation 

support contractor agrees to and acknowledges— 

‘‘(A) that sensitive information furnished will be 

accessed and used only for the purposes stated in the 

relevant contract; 


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‘‘(B) that the contractor will take all precautions necessary to prevent disclosure of the sensitive information 

provided to the contractor; 

‘‘(C) that such sensitive information provided to the 

contractor under the authority of this section shall not 

be used by the contractor to compete against a third party 

for Government or non-Government contracts; and 

‘‘(D) that the violation of subparagraph (A), (B), or 

(C) is a basis for the Government to terminate the litigation 

support contract of the contractor. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘litigation support contractor’ means a contractor (including an expert or technical consultant) under contract with the Department of Defense to provide litigation 

support. 

‘‘(2) The term ‘sensitive information’ means confidential 

commercial, financial, or proprietary information, technical 

data, or other privileged information.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 129c the following new item: 

‘‘129d. Disclosure to litigation support contractors.’’. 

(b) REPEAL OF SUPERSEDED PROVISIONS ENACTED IN PUBLIC

LAW 111–383.—Section 2320 of such title is amended— 

(1) in subsection (c)(2)— 

(A) by striking ‘‘subsection (a)’’ and all that follows 

through ‘‘a covered Government’’ and inserting ‘‘subsection 

(a), allowing a covered Government’’; and 

(B) by striking subparagraph (B); and 

(2) by striking subsection (g). 

SEC. 803. EXTENSION OF APPLICABILITY OF THE SENIOR EXECUTIVE 

BENCHMARK COMPENSATION AMOUNT FOR PURPOSES OF 

ALLOWABLE COST LIMITATIONS UNDER DEFENSE CONTRACTS. 

(a) CERTAIN COMPENSATION NOT ALLOWABLE UNDER DEFENSE

CONTRACTS.—Subsection (e)(1)(P) of section 2324 of title 10, United 

States Code, is amended— 

(1) by striking ‘‘senior executives of contractors’’ and 

inserting ‘‘any contractor employee’’; and 

(2) by adding before the period at the end the following: 

‘‘, except that the Secretary of Defense may establish one or 

more narrowly targeted exceptions for scientists and engineers 

upon a determination that such exceptions are needed to ensure 

that the Department of Defense has continued access to needed 

skills and capabilities’’. 

(b) CONFORMING AMENDMENT.—Subsection (l) of such section 

is amended by striking paragraph (5). 

(c) EFFECTIVE DATE.—The amendments made by this section— 

(1) shall be implemented in the Federal Acquisition Regulation within 180 days after the date of the enactment of this 

Act; and 

(2) shall apply with respect to costs of compensation 

incurred after January 1, 2012, under contracts entered into 

before, on, or after the date of the enactment of this Act. 

Applicability. 

Deadline. 

10 USC 2324 

note. 


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SEC. 804. EXTENSION OF AVAILABILITY OF FUNDS IN THE DEFENSE 

ACQUISITION WORKFORCE DEVELOPMENT FUND. 

(a) AVAILABILITY.—Paragraph (6) of section 1705(e) of title 10, 

United States Code, is amended to read as follows: 

‘‘(6) DURATION OF AVAILABILITY.—Amounts credited to the 

Fund in accordance with subsection (d)(2), transferred to the 

Fund pursuant to subsection (d)(3), appropriated to the Fund, 

or deposited to the Fund shall remain available for obligation 

in the fiscal year for which credited, transferred, appropriated, 

or deposited and the two succeeding fiscal years.’’. 

(b) EFFECTIVE DATE.—Paragraph (6) of such section, as 

amended by subsection (a), shall not apply to funds directly appropriated to the Fund before the date of the enactment of this Act. 

SEC. 805. DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT. 

(a) DEFENSE CONTRACT AUDIT AGENCY ANNUAL REPORT.— 

Chapter 137 of title 10, United States Code, is amended by inserting 

after section 2313 the following new section: 

‘‘§ 2313a. Defense Contract Audit Agency: annual report 

‘‘(a) REQUIRED REPORT.—The Director of the Defense Contract 

Audit Agency shall prepare an annual report of the activities of 

the Agency during the previous fiscal year. The report shall include, 

at a minimum— 

‘‘(1) a description of significant problems, abuses, and deficiencies encountered during the conduct of contractor audits; 

‘‘(2) statistical tables showing— 

‘‘(A) the total number of audit reports completed and 

pending; 

‘‘(B) the priority given to each type of audit; 

‘‘(C) the length of time taken for each type of audit; 

‘‘(D) the total dollar value of questioned costs (including 

a separate category for the dollar value of unsupported 

costs); and 

‘‘(E) an assessment of the number and types of audits 

pending for a period longer than allowed pursuant to guidance of the Defense Contract Audit Agency; 

‘‘(3) a summary of any recommendations of actions or 

resources needed to improve the audit process; and 

‘‘(4) any other matters the Director considers appropriate. 

‘‘(b) SUBMISSION OF ANNUAL REPORT.—Not later than March 

30 of each year, the Director shall submit to the congressional 

defense committees the report required by subsection (a). 

‘‘(c) PUBLIC AVAILABILITY.—Not later than 60 days after the 

submission of an annual report to the congressional defense committees under subsection (b), the Director shall make the report available on the publicly available website of the Agency or such other 

publicly available website as the Director considers appropriate.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2313 the following new item: 

‘‘2313a. Defense Contract Audit Agency: annual report.’’. 

Web site. 

10 USC 1705 

note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1487 

SEC. 806. INCLUSION OF DATA ON CONTRACTOR PERFORMANCE IN 

PAST PERFORMANCE DATABASES FOR SOURCE SELECTION DECISIONS. 

(a) STRATEGY ON INCLUSION REQUIRED.—Not later than 180 

days after the date of the enactment of this Act, the Under Secretary 

of Defense for Acquisition, Technology, and Logistics shall develop 

a strategy for ensuring that timely, accurate, and complete information on contractor performance is included in past performance 

databases used for making source selection decisions. 

(b) ELEMENTS.—The strategy required by subsection (a) shall, 

at a minimum— 

(1) establish standards for the timeliness and completeness 

of past performance submissions for purposes of databases 

described in subsection (a); 

(2) assign responsibility and management accountability 

for the completeness of past performance submissions for such 

purposes; and 

(3) ensure that past performance submissions for such purposes are consistent with award fee evaluations in cases where 

such evaluations have been conducted. 

(c) CONTRACTOR COMMENTS.—Not later than 180 days after 

the date of the enactment of this Act, the Under Secretary of 

Defense for Acquisition, Technology, and Logistics shall revise the 

Defense Supplement to the Federal Acquisition Regulation to 

require the following: 

(1) That affected contractors are provided, in a timely 

manner, information on contractor performance to be included 

in past performance databases in accordance with subsection 

(a). 

(2) That such contractors are afforded up to 14 calendar 

days, from the date of delivery of the information provided 

in accordance with paragraph (1), to submit comments, 

rebuttals, or additional information pertaining to past performance for inclusion in such databases. 

(3) That agency evaluations of contractor past performance, 

including any information submitted under paragraph (2), are 

included in the relevant past performance database not later 

than the date that is 14 days after the date of delivery of 

the information provided in accordance with paragraph (1). 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

to prohibit a contractor from submitting comments, rebuttals, or 

additional information pertaining to past performance after the 

period described in paragraph (2) has elapsed or to prohibit a 

contractor from challenging a past performance evaluation in 

accordance with applicable laws, regulations, or procedures. 

(e) COMPTROLLER GENERAL REPORT.—Not later than 18 months 

after the date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the congressional defense 

committees a report on the actions taken by the Under Secretary 

of Defense for Acquisition, Technology, and Logistics pursuant to 

this section, including an assessment of the extent to which such 

actions have achieved the objectives of this section. 

Deadlines. 

Standards. 

Deadline. 

10 USC 2302 

note. 


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125 STAT. 1488 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 807. IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE 

SCIENCE BOARD TASK FORCE ON IMPROVEMENTS TO 

SERVICE CONTRACTING. 

(a) PLAN FOR IMPLEMENTATION.—Not later than 180 days after 

the date of the enactment of this Act, the Under Secretary of 

Defense for Acquisition, Technology, and Logistics shall, acting 

pursuant to the Under Secretary’s responsibility under section 2330 

of title 10, United States Code, develop a plan for implementing 

the recommendations of the Defense Science Board Task Force 

on Improvements to Service Contracting. 

(b) ELEMENTS.—The plan developed pursuant to subsection (a) 

shall include, to the extent determined appropriate by the Under 

Secretary for Acquisition, Technology, and Logistics, the following: 

(1) Meaningful incentives to services contractors for high 

performance at low cost, consistent with the objectives of the 

Better Buying Power Initiative established by the Under Secretary. 

(2) Improved means of communication between the Government and the services contracting industry in the process of 

developing requirements for services contracts. 

(3) Clear guidance for defense acquisition personnel on 

the use of appropriate contract types for particular categories 

of services contracts. 

(4) Formal certification and training requirements for services acquisition personnel, consistent with the requirements 

of sections 1723 and 1724 of title 10, United States Code. 

(5) Appropriate emphasis on the recruiting and training 

of services acquisition personnel, consistent with the strategic 

workforce plan developed pursuant to section 115b of title 10, 

United States Code, and the funds available through the 

Department of Defense Acquisition Workforce Development 

Fund established pursuant to section 1705 of title 10, United 

States Code. 

(6) Policies and guidance on career development for services 

acquisition personnel, consistent with the requirements of sections 1722a and 1722b of title 10, United States Code. 

(7) Actions to ensure that the military departments dedicate portfolio-specific commodity managers to coordinate the 

procurement of key categories of contract services, as required 

by section 2330(b)(3)(C) of title 10, United States Code. 

(8) Actions to ensure that the Department of Defense conducts realistic exercises and training that account for services 

contracting during contingency operations, as required by section 2333(e) of title 10, United States Code. 

(c) COMPTROLLER GENERAL REPORT.—Not later than 18 months 

after the date of the enactment of this Act, the Comptroller General 

of the United States shall submit to the congressional defense 

committees a report on the following: 

(1) The actions taken by the Under Secretary of Defense 

for Acquisition, Technology, and Logistics to carry out the 

requirements of this section. 

(2) The actions taken by the Under Secretary to carry 

out the requirements of section 2330 of title 10, United States 

Code. 

(3) The actions taken by the military departments to carry 

out the requirements of section 2330 of title 10, United States 

Code. 

Deadline. 

10 USC 2330 

note. 


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(4) The extent to which the actions described in paragraphs 

(1), (2), and (3) have resulted in the improved acquisition and 

management of contract services. 

SEC. 808. TEMPORARY LIMITATION ON AGGREGATE ANNUAL AMOUNT 

AVAILABLE FOR CONTRACT SERVICES. 

(a) LIMITATION.—Except as provided in subsection (b), the total 

amount obligated by the Department of Defense for contract services 

in fiscal year 2012 or 2013 may not exceed the total amount 

requested for the Department for contract services in the budget 

of the President for fiscal year 2010 (as submitted to Congress 

pursuant to section 1105(b) of title 31, United States Code) adjusted 

for net transfers from funding for overseas contingency operations. 

(b) EXCEPTION.—Notwithstanding the limitation in subsection 

(a), the total amount obligated by the Department for contract 

services in fiscal year 2012 or 2013 may exceed the amount otherwise provided pursuant to subsection (a) by an amount elected 

by the Secretary of Defense that is not greater than the cost 

of any increase in such fiscal year in the number of civilian billets 

at the Department that has been approved by the Secretary over 

the number of such billets at the Department in fiscal year 2010. 

(c) GUIDANCE.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary shall issue guidance to the 

military departments and the Defense Agencies on implementation 

of this section during fiscal years 2012 and 2013. The guidance 

shall, at a minimum— 

(1) establish a negotiation objective that labor rates and 

overhead rates in any contract or task order for contract services with an estimated value in excess of $10,000,000 awarded 

to a contractor in fiscal year 2012 or 2013 shall not exceed 

labor rates and overhead rates paid to the contractor for contract services in fiscal year 2010; 

(2) require the Secretaries of the military departments 

and the heads of the Defense Agencies to approve in writing 

any contract or task order for contract services with an estimated value in excess of $10,000,000 awarded to a contractor 

in fiscal year 2012 or 2013 that provides for continuing services 

at an annual cost that exceeds the annual cost paid by the 

military department or Defense Agency concerned for the same 

or similar services in fiscal year 2010; 

(3) require the Secretaries of the military departments 

and the heads of the Defense Agencies to eliminate any contractor positions identified by the military department or 

Defense Agency concerned as being responsible for the performance of inherently governmental functions; 

(4) require the Secretaries of the military departments 

and the heads of the Defense Agencies to reduce by 10 percent 

per fiscal year in each of fiscal years 2012 and 2013 the funding 

of the military department or Defense Agency concerned for— 

(A) staff augmentation contracts; and 

(B) contracts for the performance of functions closely 

associated with inherently governmental functions; and 

(5) assign responsibility to the management officials designated pursuant to section 2330 of title 10, United States 

Code, and section 812(b) of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3378; 

10 U.S.C. 2330 note) to provide oversight and ensure the 

Negotiations. 

Deadline. 


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125 STAT. 1490 PUBLIC LAW 112–81—DEC. 31, 2011 

implementation of the requirements of this section during fiscal 

years 2012 and 2013. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘contract services’’ has the meaning given 

that term in section 235 of title 10, United States Code, except 

that the term does not include services that are funded out 

of amounts available for overseas contingency operations. 

(2) The term ‘‘function closely associated with inherently 

governmental functions’’ has the meaning given that term in 

section 2383(b)(3) of title 10, United States Code. 

(3) The term ‘‘staff augmentation contracts’’ means contracts for personnel who are subject to the direction of a government official other than the contracting officer for the contract, 

including, but not limited to, contractor personnel who perform 

personal services contracts (as that term is defined in section 

2330a(g)(5) of title 10, United States Code). 

(4) The term ‘‘transfers from funding for overseas contingency operations’’ means amounts funded out of amounts available for overseas contingency operations in fiscal year 2010 

that are funded out of amounts other than amounts so available 

in fiscal year 2012 or 2013. 

SEC. 809. ANNUAL REPORT ON SINGLE-AWARD TASK AND DELIVERY 

ORDER CONTRACTS. 

(a) ANNUAL REPORT.— 

(1) IN GENERAL.—Paragraph (2) of section 817(d) of the 

Bob Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314; 116 Stat. 2611; 10 U.S.C. 2306a 

note) is amended— 

(A) in subparagraph (A), by striking ‘‘and’’ at the end; 

(B) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(C) with respect to any determination pursuant to section 

2304a(d)(3)(D) of title 10, United States Code, that because 

of exceptional circumstances it is necessary in the public 

interest to award a task or delivery order contract with an 

estimated value in excess of $100,000,000 to a single source, 

an explanation of the basis for the determination.’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended by striking ‘‘WITH PRICE OR VALUE GREATER THAN

$15,000,000’’. 

(b) REPEAL OF CASE-BY-CASE REPORTING REQUIREMENT.—Section 2304a(d)(3) of title 10, United States Code, is amended— 

(1) by striking subparagraph (B); 

(2) by striking ‘‘(A)’’; 

(3) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; and 

(4) in subparagraph (B), as redesignated by paragraph 

(3), by redesignating subclauses (I) and (II) as clauses (i) and 

(ii), respectively. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1491 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 811. CALCULATION OF TIME PERIOD RELATING TO REPORT ON 

CRITICAL CHANGES IN MAJOR AUTOMATED INFORMATION 

SYSTEMS. 

Section 2445c(d)(2)(A) of title 10, United States Code, is 

amended to read as follows: 

‘‘(A) the automated information system or information 

technology investment failed to achieve a full deployment 

decision within five years after the Milestone A decision 

for the program or, if there was no Milestone A decision, 

the date when the preferred alternative is selected for 

the program (excluding any time during which program 

activity is delayed as a result of a bid protest);’’. 

SEC. 812. CHANGE IN DEADLINE FOR SUBMISSION OF SELECTED 

ACQUISITION REPORTS FROM 60 TO 45 DAYS. 

Section 2432(f) of title 10, United States Code, is amended 

by striking ‘‘60’’ and inserting ‘‘45’’. 

SEC. 813. EXTENSION OF SUNSET DATE FOR CERTAIN PROTESTS OF 

TASK AND DELIVERY ORDER CONTRACTS. 

Paragraph (3) of section 4106(f) of title 41, United States Code, 

is amended to read as follows: 

‘‘(3) EFFECTIVE PERIOD.—Paragraph (1)(B) and paragraph 

(2) of this subsection shall not be in effect after September 

30, 2016.’’. 

SEC. 814. CLARIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY 

TO PURCHASE RIGHT-HAND DRIVE PASSENGER SEDAN 

VEHICLES AND ADJUSTMENT OF THRESHOLD FOR INFLATION. 

(a) CLARIFICATION OF AUTHORITY.—Section 2253(a)(2) of title 

10, United States Code, is amended by striking ‘‘vehicles’’ and 

inserting ‘‘passenger sedans’’. 

(b) ADJUSTMENT FOR INFLATION.—The Department of Defense 

representative to the Federal Acquisition Regulatory Council established under section 1302 of title 41, United States Code, shall 

ensure that the threshold established in section 2253 of title 10, 

United States Code, for the acquisition of right-hand drive passenger sedans is included on the list of dollar thresholds that 

are subject to adjustment for inflation in accordance with the 

requirements of section 1908 of title 41, United States Code, and 

is adjusted pursuant to such provision, as appropriate. 

SEC. 815. RIGHTS IN TECHNICAL DATA AND VALIDATION OF PROPRIETARY DATA RESTRICTIONS. 

(a) RIGHTS IN TECHNICAL DATA.—Section 2320 of title 10, 

United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)(D)(i)— 

(i) in subclause (I), by striking ‘‘or’’ at the end; 

(ii) by redesignating subclause (II) as subclause 

(III); and 

41 USC 1908 

note. 


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125 STAT. 1492 PUBLIC LAW 112–81—DEC. 31, 2011 

(iii) by inserting after subclause (I) the following 

new subclause (II): 

‘‘(II) is necessary for the segregation of an item 

or process from, or the reintegration of that item or 

process (or a physically or functionally equivalent item 

or process) with, other items or processes; or’’; 

(B) in paragraph (2)(E), by striking ‘‘and shall be based’’ 

and all that follows through ‘‘such rights shall’’ and 

inserting ‘‘. The United States shall have government purpose rights in such technical data, except in any case 

in which the Secretary of Defense determines, on the basis 

of criteria established in such regulations, that negotiation 

of different rights in such technical data would be in the 

best interest of the United States. The establishment of 

any such negotiated rights shall’’; and 

(C) in paragraph (3), by striking ‘‘for the purposes 

of paragraph (2)(B), but shall be considered to be Federal 

funds for the purposes of paragraph (2)(A)’’ and inserting 

‘‘for the purposes of the definitions under this paragraph’’; 

and 

(2) in subsection (b)— 

(A) in paragraph (7), by striking ‘‘and’’ at the end; 

(B) in paragraph (8), by striking the period and 

inserting a semicolon; and 

(C) by adding at the end the following new paragraphs: 

‘‘(9) providing that, in addition to technical data that is 

already subject to a contract delivery requirement, the United 

States may require at any time the delivery of technical data 

that has been generated or utilized in the performance of a 

contract, and compensate the contractor only for reasonable 

costs incurred for having converted and delivered the data 

in the required form, upon a determination that— 

‘‘(A) the technical data is needed for the purpose of 

reprocurement, sustainment, modification, or upgrade 

(including through competitive means) of a major system 

or subsystem thereof, a weapon system or subsystem 

thereof, or any noncommercial item or process; and 

‘‘(B) the technical data— 

‘‘(i) pertains to an item or process developed in 

whole or in part with Federal funds; or 

‘‘(ii) is necessary for the segregation of an item 

or process from, or the reintegration of that item or 

process (or a physically or functionally equivalent item 

or process) with, other items or processes; and 

‘‘(10) providing that the United States is not foreclosed 

from requiring the delivery of the technical data by a failure 

to challenge, in accordance with the requirements of section 

2321(d) of this title, the contractor’s assertion of a use or 

release restriction on the technical data.’’. 

(b) VALIDATION OF PROPRIETARY DATA RESTRICTIONS.—Section 

2321(d)(2) of such title is amended— 

(1) in subparagraph (A)— 

(A) in the matter preceding clause (i), by striking 

‘‘Except as provided in subparagraph (C)’’ and all that 

follows through ‘‘three-year period’’ and inserting ‘‘A challenge to a use or release restriction asserted by the contractor in accordance with applicable regulations may not 

Determination. 

Determination. 

Criteria. 

Regulations. 


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be made under paragraph (1) after the end of the sixyear period’’; 

(B) in clause (ii), by striking ‘‘or’’ at the end; 

(C) in clause (iii) by striking the period and inserting 

‘‘; or’’; and 

(D) by adding at the end the following new clause: 

‘‘(iv) are the subject of a fraudulently asserted use 

or release restriction.’’; 

(2) in subparagraph (B), by striking ‘‘three-year period’’ 

each place it appears and inserting ‘‘six-year period’’; and 

(3) by striking subparagraph (C). 

(c) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

amendments made by this section shall take effect on the 

date of the enactment of this Act. 

(2) EXCEPTION.—The amendment made by subsection 

(a)(1)(C) shall take effect on January 7, 2011, immediately 

after the enactment of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383), 

to which such amendment relates. 

SEC. 816. COVERED CONTRACTS FOR PURPOSES OF REQUIREMENTS 

ON CONTRACTOR BUSINESS SYSTEMS. 

Paragraph (3) of section 893(f) of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 124 Stat. 4312; 10 U.S.C. 2302 note) is amended to read 

as follows: 

‘‘(3) The term ‘covered contract’ means a contract that 

is subject to the cost accounting standards promulgated pursuant to section 1502 of title 41, United States Code, that could 

be affected if the data produced by a contractor business system 

has a significant deficiency.’’. 

SEC. 817. COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS FOR PURPOSES OF INTERNAL CONTROLS OF NONDEFENSE AGENCIES FOR PROCUREMENTS ON BEHALF OF 

THE DEPARTMENT OF DEFENSE. 

Section 801(d) of the National Defense Authorization Act for 

Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by striking 

‘‘with the requirements’’ and all that follows and inserting ‘‘with 

the following: 

‘‘(1) The Federal Acquisition Regulation and other laws 

and regulations that apply to procurements of property and 

services by Federal agencies. 

‘‘(2) Laws and regulations (including applicable Department 

of Defense financial management regulations) that apply to 

procurements of property and services made by the Department 

of Defense through other Federal agencies.’’. 

SEC. 818. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC 

PARTS. 

(a) ASSESSMENT OF DEPARTMENT OF DEFENSE POLICIES AND

SYSTEMS.—The Secretary of Defense shall conduct an assessment 

of Department of Defense acquisition policies and systems for the 

detection and avoidance of counterfeit electronic parts. 

(b) ACTIONS FOLLOWING ASSESSMENT.—Not later than 180 days 

after the date of the enactment of the Act, the Secretary shall, 

Deadline. 

10 USC 2302 

note. 

10 USC 2302 

note. 

Definition. 

10 USC 2320 

note. 


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125 STAT. 1494 PUBLIC LAW 112–81—DEC. 31, 2011 

based on the results of the assessment required by subsection 

(a)— 

(1) establish Department-wide definitions of the terms 

‘‘counterfeit electronic part’’ and ‘‘suspect counterfeit electronic 

part’’, which definitions shall include previously used parts 

represented as new; 

(2) issue or revise guidance applicable to Department 

components engaged in the purchase of electronic parts to 

implement a risk-based approach to minimize the impact of 

counterfeit electronic parts or suspect counterfeit electronic 

parts on the Department, which guidance shall address requirements for training personnel, making sourcing decisions, 

ensuring traceability of parts, inspecting and testing parts, 

reporting and quarantining counterfeit electronic parts and suspect counterfeit electronic parts, and taking corrective actions 

(including actions to recover costs as described in subsection 

(c)(2)); 

(3) issue or revise guidance applicable to the Department 

on remedial actions to be taken in the case of a supplier 

who has repeatedly failed to detect and avoid counterfeit electronic parts or otherwise failed to exercise due diligence in 

the detection and avoidance of such parts, including consideration of whether to suspend or debar a supplier until such 

time as the supplier has effectively addressed the issues that 

led to such failures; 

(4) establish processes for ensuring that Department personnel who become aware of, or have reason to suspect, that 

any end item, component, part, or material contained in supplies purchased by or for the Department contains counterfeit 

electronic parts or suspect counterfeit electronic parts provide 

a report in writing within 60 days to appropriate Government 

authorities and to the Government-Industry Data Exchange 

Program (or a similar program designated by the Secretary); 

and 

(5) establish a process for analyzing, assessing, and acting 

on reports of counterfeit electronic parts and suspect counterfeit 

electronic parts that are submitted in accordance with the 

processes under paragraph (4). 

(c) REGULATIONS.— 

(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary shall revise the 

Department of Defense Supplement to the Federal Acquisition 

Regulation to address the detection and avoidance of counterfeit 

electronic parts. 

(2) CONTRACTOR RESPONSIBILITIES.—The revised regulations issued pursuant to paragraph (1) shall provide that— 

(A) covered contractors who supply electronic parts 

or products that include electronic parts are responsible 

for detecting and avoiding the use or inclusion of counterfeit 

electronic parts or suspect counterfeit electronic parts in 

such products and for any rework or corrective action that 

may be required to remedy the use or inclusion of such 

parts; and 

(B) the cost of counterfeit electronic parts and suspect 

counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or 

Deadline. 

10 USC 2302 

note. 

Reports. 

Deadlines. 

Guidance. 

Definitions. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1495 

inclusion of such parts are not allowable costs under 

Department contracts. 

(3) TRUSTED SUPPLIERS.—The revised regulations issued 

pursuant to paragraph (1) shall— 

(A) require that, whenever possible, the Department 

and Department contractors and subcontractors at all 

tiers— 

(i) obtain electronic parts that are in production 

or currently available in stock from the original manufacturers of the parts or their authorized dealers, or 

from trusted suppliers who obtain such parts exclusively from the original manufacturers of the parts 

or their authorized dealers; and 

(ii) obtain electronic parts that are not in production or currently available in stock from trusted suppliers; 

(B) establish requirements for notification of the 

Department, and inspection, testing, and authentication 

of electronic parts that the Department or a Department 

contractor or subcontractor obtains from any source other 

than a source described in subparagraph (A); 

(C) establish qualification requirements, consistent 

with the requirements of section 2319 of title 10, United 

States Code, pursuant to which the Department may identify trusted suppliers that have appropriate policies and 

procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and 

(D) authorize Department contractors and subcontractors to identify and use additional trusted suppliers, provided that— 

(i) the standards and processes for identifying such 

trusted suppliers comply with established industry 

standards; 

(ii) the contractor or subcontractor assumes 

responsibility for the authenticity of parts provided 

by such suppliers as provided in paragraph (2); and 

(iii) the selection of such trusted suppliers is subject to review and audit by appropriate Department 

officials. 

(4) REPORTING REQUIREMENT.—The revised regulations 

issued pursuant to paragraph (1) shall require that any Department contractor or subcontractor who becomes aware, or has 

reason to suspect, that any end item, component, part, or 

material contained in supplies purchased by the Department, 

or purchased by a contractor or subcontractor for delivery to, 

or on behalf of, the Department, contains counterfeit electronic 

parts or suspect counterfeit electronic parts report in writing 

within 60 days to appropriate Government authorities and the 

Government-Industry Data Exchange Program (or a similar 

program designated by the Secretary). 

(5) CONSTRUCTION OF COMPLIANCE WITH REPORTING

REQUIREMENT.—A Department contractor or subcontractor that 

provides a written report required under this subsection shall 

not be subject to civil liability on the basis of such reporting, 

provided the contractor or subcontractor made a reasonable 

effort to determine that the end item, component, part, or 

Requirements. 

Requirements. 

Notification. 


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125 STAT. 1496 PUBLIC LAW 112–81—DEC. 31, 2011 

material concerned contained counterfeit electronic parts or 

suspect counterfeit electronic parts. 

(d) INSPECTION PROGRAM.—The Secretary of Homeland Security 

shall establish and implement a risk-based methodology for the 

enhanced targeting of electronic parts imported from any country, 

after consultation with the Secretary of Defense as to sources of 

counterfeit electronic parts and suspect counterfeit electronic parts 

in the supply chain for products purchased by the Department 

of Defense. 

(e) IMPROVEMENT OF CONTRACTOR SYSTEMS FOR DETECTION

AND AVOIDANCE OF COUNTERFEIT ELECTRONIC PARTS.— (1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

implement a program to enhance contractor detection and 

avoidance of counterfeit electronic parts. 

(2) ELEMENTS.—The program implemented pursuant to 

paragraph (1) shall— 

(A) require covered contractors that supply electronic 

parts or systems that contain electronic parts to establish 

policies and procedures to eliminate counterfeit electronic 

parts from the defense supply chain, which policies and 

procedures shall address— 

(i) the training of personnel; 

(ii) the inspection and testing of electronic parts; 

(iii) processes to abolish counterfeit parts proliferation; 

(iv) mechanisms to enable traceability of parts; 

(v) use of trusted suppliers; 

(vi) the reporting and quarantining of counterfeit 

electronic parts and suspect counterfeit electronic 

parts; 

(vii) methodologies to identify suspect counterfeit 

parts and to rapidly determine if a suspect counterfeit 

part is, in fact, counterfeit; 

(viii) the design, operation, and maintenance of 

systems to detect and avoid counterfeit electronic parts 

and suspect counterfeit electronic parts; and 

(ix) the flow down of counterfeit avoidance and 

detection requirements to subcontractors; and 

(B) establish processes for the review and approval 

of contractor systems for the detection and avoidance of 

counterfeit electronic parts and suspect counterfeit electronic parts, which processes shall be comparable to the 

processes established for contractor business systems under 

section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 

Stat. 4311; 10 U.S.C. 2302 note). 

(f) DEFINITIONS.—In subsections (a) through (e) of this section: 

(1) The term ‘‘covered contractor’’ has the meaning given 

that term in section 893(f)(2) of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011. 

(2) The term ‘‘electronic part’’ means an integrated circuit, 

a discrete electronic component (including, but not limited to, 

a transistor, capacitor, resistor, or diode), or a circuit assembly. 

(g) INFORMATION SHARING.— (1) IN GENERAL.—If United States Customs and Border 

Protection suspects a product of being imported in violation Exports and 

imports. 

10 USC 2302 

note. 

10 USC 2302 

note. 

Deadline. 

10 USC 2302 

note. 

Consultation. 

10 USC 2302 

note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1497 

of section 42 of the Lanham Act, and subject to any applicable 

bonding requirements, the Secretary of the Treasury may share 

information appearing on, and unredacted samples of, products 

and their packaging and labels, or photographs of such products, 

packaging, and labels, with the rightholders of the trademarks 

suspected of being copied or simulated for purposes of determining 

whether the products are prohibited from importation pursuant 

to such section. 

(2) SUNSET.—This subsection shall expire on the date of 

the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2012. 

(3) LANHAM ACT DEFINED.—In this subsection, the term 

‘‘Lanham Act’’ means the Act entitled ‘‘An Act to provide for 

the registration and protection of trademarks used in commerce, 

to carry out the provisions of certain international conventions, 

and for other purposes’’, approved July 5, 1946 (commonly 

referred to as the ‘‘Trademark Act of 1946’’ or the ‘‘Lanham 

Act’’). 

(h) TRAFFICKING IN INHERENTLY DANGEROUS GOODS OR SERVICES.—Section 2320 of title 18, United States Code, is amended 

to read as follows: 

‘‘§ 2320. Trafficking in counterfeit goods or services 

‘‘(a) OFFENSES.—Whoever intentionally— 

‘‘(1) traffics in goods or services and knowingly uses a 

counterfeit mark on or in connection with such goods or services, 

‘‘(2) traffics in labels, patches, stickers, wrappers, badges, 

emblems, medallions, charms, boxes, containers, cans, cases, 

hangtags, documentation, or packaging of any type or nature, 

knowing that a counterfeit mark has been applied thereto, 

the use of which is likely to cause confusion, to cause mistake, 

or to deceive, or 

‘‘(3) traffics in goods or services knowing that such good 

or service is a counterfeit military good or service the use, 

malfunction, or failure of which is likely to cause serious bodily 

injury or death, the disclosure of classified information, impairment of combat operations, or other significant harm to a 

combat operation, a member of the Armed Forces, or to national 

security, 

or attempts or conspires to violate any of paragraphs (1) through 

(3) shall be punished as provided in subsection (b). 

‘‘(b) PENALTIES.— 

‘‘(1) IN GENERAL.—Whoever commits an offense under subsection (a)— 

‘‘(A) if an individual, shall be fined not more than 

$2,000,000 or imprisoned not more than 10 years, or both, 

and, if a person other than an individual, shall be fined 

not more than $5,000,000; and 

‘‘(B) for a second or subsequent offense under subsection (a), if an individual, shall be fined not more than 

$5,000,000 or imprisoned not more than 20 years, or both, 

and if other than an individual, shall be fined not more 

than $15,000,000. 

‘‘(2) SERIOUS BODILY INJURY OR DEATH.— ‘‘(A) SERIOUS BODILY INJURY.—Whoever knowingly or 

recklessly causes or attempts to cause serious bodily injury 


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125 STAT. 1498 PUBLIC LAW 112–81—DEC. 31, 2011 

from conduct in violation of subsection (a), if an individual, 

shall be fined not more than $5,000,000 or imprisoned 

for not more than 20 years, or both, and if other than 

an individual, shall be fined not more than $15,000,000. 

‘‘(B) DEATH.—Whoever knowingly or recklessly causes 

or attempts to cause death from conduct in violation of 

subsection (a), if an individual, shall be fined not more 

than $5,000,000 or imprisoned for any term of years or 

for life, or both, and if other than an individual, shall 

be fined not more than $15,000,000. 

‘‘(3) COUNTERFEIT MILITARY GOODS OR SERVICES.—Whoever 

commits an offense under subsection (a) involving a counterfeit 

military good or service— 

‘‘(A) if an individual, shall be fined not more than 

$5,000,000, imprisoned not more than 20 years, or both, 

and if other than an individual, be fined not more than 

$15,000,000; and 

‘‘(B) for a second or subsequent offense, if an individual, shall be fined not more than $15,000,000, imprisoned not 

more than 30 years, or both, and if other than an individual, shall be fined not more than $30,000,000. 

‘‘(c) FORFEITURE AND DESTRUCTION OF PROPERTY; RESTITUTION.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in 

that section, in addition to any other similar remedies provided 

by law. 

‘‘(d) DEFENSES.—All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under 

the Lanham Act shall be applicable in a prosecution under this 

section. In a prosecution under this section, the defendant shall 

have the burden of proof, by a preponderance of the evidence, 

of any such affirmative defense. 

‘‘(e) PRESENTENCE REPORT.—(1) During preparation of the 

presentence report pursuant to Rule 32(c) of the Federal Rules 

of Criminal Procedure, victims of the offense shall be permitted 

to submit, and the probation officer shall receive, a victim impact 

statement that identifies the victim of the offense and the extent 

and scope of the injury and loss suffered by the victim, including 

the estimated economic impact of the offense on that victim. 

‘‘(2) Persons permitted to submit victim impact statements shall 

include— 

‘‘(A) producers and sellers of legitimate goods or services 

affected by conduct involved in the offense; 

‘‘(B) holders of intellectual property rights in such goods 

or services; and 

‘‘(C) the legal representatives of such producers, sellers, 

and holders. 

‘‘(f) DEFINITIONS.—For the purposes of this section— 

‘‘(1) the term ‘counterfeit mark’ means— 

‘‘(A) a spurious mark— 

‘‘(i) that is used in connection with trafficking in 

any goods, services, labels, patches, stickers, wrappers, 

badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature; 

‘‘(ii) that is identical with, or substantially indistinguishable from, a mark registered on the principal 

Applicability. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1499 

register in the United States Patent and Trademark 

Office and in use, whether or not the defendant knew 

such mark was so registered; 

‘‘(iii) that is applied to or used in connection with 

the goods or services for which the mark is registered 

with the United States Patent and Trademark Office, 

or is applied to or consists of a label, patch, sticker, 

wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging 

of any type or nature that is designed, marketed, or 

otherwise intended to be used on or in connection 

with the goods or services for which the mark is registered in the United States Patent and Trademark 

Office; and 

‘‘(iv) the use of which is likely to cause confusion, 

to cause mistake, or to deceive; or 

‘‘(B) a spurious designation that is identical with, or 

substantially indistinguishable from, a designation as to 

which the remedies of the Lanham Act are made available 

by reason of section 220506 of title 36; 

but such term does not include any mark or designation used 

in connection with goods or services, or a mark or designation 

applied to labels, patches, stickers, wrappers, badges, emblems, 

medallions, charms, boxes, containers, cans, cases, hangtags, 

documentation, or packaging of any type or nature used in 

connection with such goods or services, of which the manufacturer or producer was, at the time of the manufacture or 

production in question, authorized to use the mark or designation for the type of goods or services so manufactured or produced, by the holder of the right to use such mark or designation; 

‘‘(2) the term ‘financial gain’ includes the receipt, or 

expected receipt, of anything of value; 

‘‘(3) the term ‘Lanham Act’ means the Act entitled ‘An 

Act to provide for the registration and protection of trademarks 

used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 

5, 1946 (15 U.S.C. 1051 et seq.); 

‘‘(4) the term ‘counterfeit military good or service’ means 

a good or service that uses a counterfeit mark on or in connection with such good or service and that— 

‘‘(A) is falsely identified or labeled as meeting military 

specifications, or 

‘‘(B) is intended for use in a military or national security application; and 

‘‘(5) the term ‘traffic’ means to transport, transfer, or otherwise dispose of, to another, for purposes of commercial advantage or private financial gain, or to make, import, export, obtain 

control of, or possess, with intent to so transport, transfer, 

or otherwise dispose of. 

‘‘(g) LIMITATION ON CAUSE OF ACTION.—Nothing in this section 

shall entitle the United States to bring a criminal cause of action 

under this section for the repackaging of genuine goods or services 

not intended to deceive or confuse. 

‘‘(h) REPORT TO CONGRESS.—(1) Beginning with the first year 

after the date of enactment of this subsection, the Attorney General 

shall include in the report of the Attorney General to Congress 


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125 STAT. 1500 PUBLIC LAW 112–81—DEC. 31, 2011 

on the business of the Department of Justice prepared pursuant 

to section 522 of title 28, an accounting, on a district by district 

basis, of the following with respect to all actions taken by the 

Department of Justice that involve trafficking in counterfeit labels 

for phonorecords, copies of computer programs or computer program 

documentation or packaging, copies of motion pictures or other 

audiovisual works (as defined in section 2318 of this title), criminal 

infringement of copyrights (as defined in section 2319 of this title), 

unauthorized fixation of and trafficking in sound recordings and 

music videos of live musical performances (as defined in section 

2319A of this title), or trafficking in goods or services bearing 

counterfeit marks (as defined in section 2320 of this title): 

‘‘(A) The number of open investigations. 

‘‘(B) The number of cases referred by the United States 

Customs Service. 

‘‘(C) The number of cases referred by other agencies or 

sources. 

‘‘(D) The number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought 

under sections 2318, 2319, 2319A, and 2320 of title 18. 

‘‘(2)(A) The report under paragraph (1), with respect to criminal 

infringement of copyright, shall include the following: 

‘‘(i) The number of infringement cases in these categories: 

audiovisual (videos and films); audio (sound recordings); literary 

works (books and musical compositions); computer programs; 

video games; and, others. 

‘‘(ii) The number of online infringement cases. 

‘‘(iii) The number and dollar amounts of fines assessed 

in specific categories of dollar amounts. These categories shall 

be: no fines ordered; fines under $500; fines from $500 to 

$1,000; fines from $1,000 to $5,000; fines from $5,000 to 

$10,000; and fines over $10,000. 

‘‘(iv) The total amount of restitution ordered in all copyright 

infringement cases. 

‘‘(B) In this paragraph, the term ‘online infringement cases’ 

as used in paragraph (2) means those cases where the infringer— 

‘‘(i) advertised or publicized the infringing work on the 

Internet; or 

‘‘(ii) made the infringing work available on the Internet 

for download, reproduction, performance, or distribution by 

other persons. 

‘‘(C) The information required under subparagraph (A) shall 

be submitted in the report required in fiscal year 2005 and thereafter. 

‘‘(i) TRANSSHIPMENT AND EXPORTATION.—No goods or services, 

the trafficking in of which is prohibited by this section, shall be 

transshipped through or exported from the United States. Any 

such transshipment or exportation shall be deemed a violation 

of section 42 of an Act to provide for the registration of trademarks 

used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 

1946 (commonly referred to as the ‘Trademark Act of 1946’ or 

the ‘Lanham Act’).’’. 

Definition. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1501 

SEC. 819. MODIFICATION OF CERTAIN REQUIREMENTS OF THE 

WEAPON SYSTEMS ACQUISITION REFORM ACT OF 2009. 

(a) REPEAL OF CERTIFICATION OF COMPLIANCE OF CERTAIN

MAJOR DEFENSE ACQUISITION PROGRAMS WITH ACTIONS ON TREATMENT OF SYSTEMIC PROBLEMS BEFORE MILESTONE APPROVAL.—Subsection (c) of section 204 of the Weapon Systems Acquisition Reform 

Act of 2009 (Public Law 111–23; 123 Stat. 1723; 10 U.S.C. 2366a 

note) is repealed. 

(b) WAIVER OF REQUIREMENT TO REVIEW PROGRAMS RECEIVING

WAIVER OF CERTAIN CERTIFICATION REQUIREMENTS.—Section 

2366b(d) of title 10, United States Code, is amended by adding 

the following new paragraph: 

‘‘(3) The requirement in paragraph (2)(B) shall not apply to 

a program for which a certification was required pursuant to section 

2433a(c) of this title if the milestone decision authority— 

‘‘(A) determines in writing that— 

‘‘(i) the program has reached a stage in the acquisition 

process at which it would not be practicable to meet the 

certification component that was waived; and 

‘‘(ii) the milestone decision authority has taken appropriate alternative actions to address the underlying purposes of such certification component; and 

‘‘(B) submits the written determination, and an explanation 

of the basis for the determination, to the congressional defense 

committees.’’. 

SEC. 820. INCLUSION OF CONTRACTOR SUPPORT REQUIREMENTS IN 

DEPARTMENT OF DEFENSE PLANNING DOCUMENTS. 

(a) ELEMENTS IN QDR REPORTS TO CONGRESS.—Section 118(d) 

of title 10, United States Code, is amended— 

(1) in paragraph (4)— 

(A) in subparagraph (D), by striking ‘‘and’’ at the end; 

(B) in subparagraph (E), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(F) the roles and responsibilities that would be discharged by contractors.’’; 

(2) in paragraph (6), by striking ‘‘manpower and 

sustainment’’ and inserting ‘‘manpower, sustainment, and contractor support’’; and 

(3) in paragraph (8), by inserting ‘‘, and the scope of contractor support,’’ after ‘‘Defense Agencies’’. 

(b) CHAIRMAN OF JOINT CHIEFS OF STAFF ASSESSMENTS OF

CONTRACTOR SUPPORT OF ARMED FORCES.— 

(1) ASSESSMENTS UNDER CONTINGENCY PLANNING.—Paragraph (3) of subsection (a) of section 153 of such title is 

amended— 

(A) by redesignating subparagraphs (C) and (D) as 

subparagraphs (D) and (E), respectively; and 

(B) by inserting after subparagraph (B) the following 

new subparagraph (C): 

‘‘(C) Identifying the support functions that are likely to 

require contractor performance under those contingency plans, 

and the risks associated with the assignment of such functions 

to contractors.’’. 

Determination. 


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125 STAT. 1502 PUBLIC LAW 112–81—DEC. 31, 2011 

(2) ASSESSMENTS UNDER ADVICE ON REQUIREMENTS, PRO- GRAMS, AND BUDGET.—Paragraph (4)(E) of such subsection is 

amended by inserting ‘‘and contractor support’’ after ‘‘area of 

manpower’’. 

(3) ASSESSMENTS FOR BIENNIAL REVIEW OF NATIONAL MILI- TARY STRATEGY.—Subsection (d) of such section is amended— 

(A) in paragraph (2), by adding at the end the following 

new subparagraph: 

‘‘(I) Assessment of the requirements for contractor support 

of the armed forces in conducting peacetime training, peacekeeping, overseas contingency operations, and major combat 

operations, and the risks associated with such support.’’; and 

(B) in paragraph (3)(B), by striking ‘‘and the levels 

of support from allies and other friendly nations’’ and 

inserting ‘‘the levels of support from allies and other 

friendly nations, and the levels of contractor support’’. 

SEC. 821. AMENDMENT RELATING TO BUYING TENTS, TARPAULINS, 

OR COVERS FROM AMERICAN SOURCES. 

Section 2533a(b)(1)(C) of title 10, United States Code, is 

amended by inserting ‘‘(and the structural components thereof)’’ 

after ‘‘tents’’. 

SEC. 822. REPEAL OF SUNSET OF AUTHORITY TO PROCURE FIRE 

RESISTANT RAYON FIBER FROM FOREIGN SOURCES FOR 

THE PRODUCTION OF UNIFORMS. 

Subsection (f) of section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 229; 

10 U.S.C. 2533a note) is repealed. 

SEC. 823. PROHIBITION ON COLLECTION OF POLITICAL INFORMATION. 

(a) IN GENERAL.—Chapter 137 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2335. Prohibition on collection of political information 

‘‘(a) PROHIBITION ON REQUIRING SUBMISSION OF POLITICAL

INFORMATION.—The head of an agency may not require a contractor 

to submit political information related to the contractor or a subcontractor at any tier, or any partner, officer, director, or employee 

of the contractor or subcontractor— 

‘‘(1) as part of a solicitation, request for bid, request for 

proposal, or any other form of communication designed to solicit 

offers in connection with the award of a contract for procurement of property or services; or 

‘‘(2) during the course of contract performance as part 

of the process associated with modifying a contract or exercising 

a contract option. 

‘‘(b) SCOPE.—The prohibition under this section applies to the 

procurement of commercial items, the procurement of commercialoff-the-shelf-items, and the non-commercial procurement of supplies, 

property, services, and manufactured items, irrespective of contract 

vehicle, including contracts, purchase orders, task or deliver orders 

under indefinite delivery/indefinite quantity contracts, blanket purchase agreements, and basic ordering agreements. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as— 

‘‘(1) waiving, superseding, restricting, or limiting the 

application of the Federal Election Campaign Act of 1971 (2 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1503 

U.S.C. 431 et seq.) or preventing Federal regulatory or law 

enforcement agencies from collecting or receiving information 

authorized by law; or 

‘‘(2) precluding the Defense Contract Audit Agency from 

accessing and reviewing certain information, including political 

information, for the purpose of identifying unallowable costs 

and administering cost principles established pursuant to section 2324 of this title. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) CONTRACTOR.—The term ‘contractor’ includes contractors, bidders, and offerors, and individuals and legal entities 

who would reasonably be expected to submit offers or bids 

for Federal Government contracts. 

‘‘(2) POLITICAL INFORMATION.—The term ‘political information’ means information relating to political spending, including 

any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering 

communication that is made by the contractor, any of its partners, officers, directors or employees, or any of its affiliates 

or subsidiaries to a candidate or on behalf of a candidate 

for election for Federal office, to a political committee, to a 

political party, to a third party entity with the intention or 

reasonable expectation that it would use the payment to make 

independent expenditures or electioneering communications, or 

that is otherwise made with respect to any election for Federal 

office, party affiliation, and voting history. Each of the terms 

‘contribution’, ‘expenditure’, ‘independent expenditure’, ‘candidate’, ‘election’, ‘electioneering communication’, and ‘Federal 

office’ has the meaning given the term in the Federal Campaign 

Act of 1971 (2 U.S.C. 431 et seq.).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 137 of such title is amended by inserting after 

the item relating to section 2334 the following new item: 

‘‘2335. Prohibition on collection of political information.’’. 

Subtitle C—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 831. WAIVER OF REQUIREMENTS RELATING TO NEW MILESTONE 

APPROVAL FOR CERTAIN MAJOR DEFENSE ACQUISITION 

PROGRAMS EXPERIENCING CRITICAL COST GROWTH DUE 

TO CHANGE IN QUANTITY PURCHASED. 

Section 2433a(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3)(A) The requirements of subparagraphs (B) and (C) of paragraph (1) shall not apply to a program or subprogram if— 

‘‘(i) the Milestone Decision Authority determines in writing, 

on the basis of a cost assessment and root cause analysis 

conducted pursuant to subsection (a), that— 

‘‘(I) but for a change in the quantity of items to be 

purchased under the program or subprogram, the program 

acquisition unit cost or procurement unit cost for the program or subprogram would not have increased by a percentage equal to or greater than the cost growth thresholds 

Determinations. 


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125 STAT. 1504 PUBLIC LAW 112–81—DEC. 31, 2011 

for the program or subprogram set forth in subparagraph 

(B); and 

‘‘(II) the change in quantity of items described in subclause (I) was not made as a result of an increase in 

program cost, a delay in the program, or a problem meeting 

program requirements; 

‘‘(ii) the Secretary determines in writing that the cost to 

the Department of Defense of complying with such requirements is likely to exceed the benefits to the Department of 

complying with such requirements; and 

‘‘(iii) the Secretary submits to Congress, before the end 

of the 60-day period beginning on the day the Selected Acquisition Report containing the information described in section 

2433(g) of this title is required to be submitted under section 

2432(f) of this title— 

‘‘(I) a copy of the written determination under clause 

(i) and an explanation of the basis for the determination; 

and 

‘‘(II) a copy of the written determination under clause 

(ii) and an explanation of the basis for the determination. 

‘‘(B) The cost growth thresholds specified in this subparagraph 

are as follows: 

‘‘(i) In the case of a major defense acquisition program 

or designated major defense subprogram, a percentage increase 

in the program acquisition unit cost for the program or subprogram of— 

‘‘(I) 5 percent over the program acquisition unit cost 

for the program or subprogram as shown in the current 

Baseline Estimate for the program or subprogram; and 

‘‘(II) 10 percent over the program acquisition unit cost 

for the program or subprogram as shown in the original 

Baseline Estimate for the program or subprogram. 

‘‘(ii) In the case of a major defense acquisition program 

or designated major defense subprogram that is a procurement 

program, a percentage increase in the procurement unit cost 

for the program or subprogram of— 

‘‘(I) 5 percent over the procurement unit cost for the 

program or subprogram as shown in the current Baseline 

Estimate for the program or subprogram; and 

‘‘(II) 10 percent over the procurement unit cost for 

the program or subprogram as shown in the original Baseline Estimate for the program or subprogram.’’. 

SEC. 832. ASSESSMENT, MANAGEMENT, AND CONTROL OF OPERATING 

AND SUPPORT COSTS FOR MAJOR WEAPON SYSTEMS. 

(a) GUIDANCE REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

issue guidance on actions to be taken to assess, manage, and 

control Department of Defense costs for the operation and support 

of major weapon systems. 

(b) ELEMENTS.—The guidance required by subsection (a) shall, 

at a minimum— 

(1) be issued in conjunction with the comprehensive guidance on life-cycle management and the development and 

implementation of product support strategies for major weapon 

systems required by section 805 of the National Defenese 

Deadline. 

10 USC 2430 

note. 

Deadline. 

Reports. 

Determination. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1505 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 

123 Stat. 2403; 10 U.S.C. 2301 note); 

(2) require the military departments to retain each estimate 

of operating and support costs that is developed at any time 

during the life cycle of a major weapon system, together with 

supporting documentation used to develop the estimate; 

(3) require the military departments to update estimates 

of operating and support costs periodically throughout the life 

cycle of a major weapon system, to determine whether preliminary information and assumptions remain relevant and 

accurate, and identify and record reasons for variances; 

(4) establish standard requirements for the collection of 

data on operating and support costs for major weapon systems 

and require the military departments to revise their Visibility 

and Management of Operating and Support Costs (VAMOSC) 

systems to ensure that they collect complete and accurate data 

in compliance with such requirements and make such data 

available in a timely manner; 

(5) establish standard requirements for the collection and 

reporting of data on operating and support costs for major 

weapon systems by contractors performing weapon system 

sustainment functions in an appropriate format, and develop 

contract clauses to ensure that contractors comply with such 

requirements; 

(6) require the military departments— 

(A) to collect and retain data from operational and 

developmental testing and evaluation on the reliability and 

maintainability of major weapon systems; and 

(B) to use such data to inform system design decisions, 

provide insight into sustainment costs, and inform estimates of operating and support costs for such systems; 

(7) require the military departments to ensure that 

sustainment factors are fully considered at key life cycle 

management decision points and that appropriate measures 

are taken to reduce operating and support costs by influencing 

system design early in development, developing sound 

sustainment strategies, and addressing key drivers of costs; 

(8) require the military departments to conduct an independent logistics assessment of each major weapon system prior 

to key acquisition decision points (including milestone decisions) 

to identify features that are likely to drive future operating 

and support costs, changes to system design that could reduce 

such costs, and effective strategies for managing such costs; 

(9) include— 

(A) reliability metrics for major weapon systems; and 

(B) requirements on the use of metrics under subparagraph (A) as triggers— 

(i) to conduct further investigation and analysis 

into drivers of those metrics; and 

(ii) to develop strategies for improving reliability, 

availability, and maintainability of such systems at 

an affordable cost; and 

(10) require the military departments to conduct periodic 

reviews of operating and support costs of major weapon systems 

after such systems achieve initial operational capability to identify and address factors resulting in growth in operating and 

support costs and adapt support strategies to reduce such costs. 


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(c) RETENTION OF DATA ON OPERATING AND SUPPORT COSTS.— (1) IN GENERAL.—The Director of Cost Assessment and 

Program Evaluation shall be responsible for developing and 

maintaining a database on operating and support estimates, 

supporting documentation, and actual operating and support 

costs for major weapon systems. 

(2) SUPPORT.—The Secretary of Defense shall ensure that 

the Director, in carrying out such responsibility— 

(A) promptly receives the results of all cost estimates 

and cost analyses conducted by the military departments 

with regard to operating and support costs of major weapon 

systems; 

(B) has timely access to any records and data of the 

military departments (including classified and proprietary 

information) that the Director considers necessary to carry 

out such responsibility; and 

(C) with the concurrence of the Under Secretary of 

Defense for Acquisition, Technology, and Logistics, may 

direct the military departments to collect and retain 

information necessary to support the database. 

(d) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term 

‘‘major weapon system’’ has the meaning given that term in section 

2379(f) of title 10, United States Code. 

SEC. 833. CLARIFICATION OF RESPONSIBILITY FOR COST ANALYSES 

AND TARGETS FOR CONTRACT NEGOTIATION PURPOSES. 

Section 2334(e) of title 10, United States Code, is amended— 

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; 

(2) in paragraph (1)— 

(A) by striking ‘‘shall provide that—’’ and all that follows through ‘‘cost estimates’’ and inserting ‘‘shall provide 

that cost estimates’’; 

(B) by striking ‘‘; and’’ and inserting a period; and 

(C) by redesignating subparagraph (B) as paragraph 

(2) and moving such paragraph two ems to the left; 

(3) in paragraph (2), as redesignated by paragraph (2) 

of this section, by striking ‘‘cost analyses and targets’’ and 

inserting ‘‘The Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall, in consultation with the 

Director of Cost Assessment and Program Evaluation, develop 

policies, procedures, and guidance to ensure that cost analyses 

and targets’’; 

(4) in paragraph (3), as redesignated by paragraph (1) 

of this section, by striking ‘‘issued by the Director of Cost 

Assessment and Program Evaluation’’ and inserting ‘‘issued 

by the Under Secretary of Defense for Acquisition, Technology, 

and Logistics under paragraph (2)’’; and 

(5) in paragraph (5), as redesignated by paragraph (1) 

of this section, by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’. 

SEC. 834. MODIFICATION OF REQUIREMENTS FOR GUIDANCE ON 

MANAGEMENT OF MANUFACTURING RISK IN MAJOR 

DEFENSE ACQUISITION PROGRAMS. 

Section 812(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4264; 

10 U.S.C. 2430 note) is amended— 

Procedures. 

Guidelines. 

Records. 


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(1) by striking ‘‘manufacturing readiness levels’’ each place 

it appears and inserting ‘‘manufacturing readiness levels or 

other manufacturing readiness standards’’; 

(2) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

(3) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) provide for the tailoring of manufacturing readiness 

levels or other manufacturing readiness standards to address 

the unique characteristics of specific industry sectors or weapon 

system portfolios;’’. 

SEC. 835. MANAGEMENT OF DEVELOPMENTAL TEST AND EVALUATION 

FOR MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) CHIEF DEVELOPMENTAL TESTER.—Section 820(a) of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2330), as amended by section 805(c) 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 110–181; 123 Stat. 2403), is further amended— 

(1) by redesignating paragraph (6) as paragraph (7); and 

(2) by inserting after paragraph (5) the following new paragraph (6): 

‘‘(6) Chief developmental tester.’’. 

(b) RESPONSIBILITIES OF CHIEF DEVELOPMENTAL TESTER AND

LEAD DEVELOPMENTAL TEST AND EVALUATION ORGANIZATION.—Section 139b of title 10, United States Code, is amended— 

(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) SUPPORT OF MDAPS BY CHIEF DEVELOPMENTAL TESTER AND

LEAD DEVELOPMENTAL TEST AND EVALUATION ORGANIZATION.— 

‘‘(1) SUPPORT.—The Secretary of Defense shall require that 

each major defense acquisition program be supported by— 

‘‘(A) a chief developmental tester; and 

‘‘(B) a governmental test agency, serving as lead 

developmental test and evaluation organization for the program. 

‘‘(2) RESPONSIBILITIES OF CHIEF DEVELOPMENTAL TESTER.— 

The chief developmental tester for a major defense acquisition 

program shall be responsible for— 

‘‘(A) coordinating the planning, management, and oversight of all developmental test and evaluation activities 

for the program; 

‘‘(B) maintaining insight into contractor activities 

under the program and overseeing the test and evaluation 

activities of other participating government activities under 

the program; and 

‘‘(C) helping program managers make technically 

informed, objective judgments about contractor developmental test and evaluation results under the program. 

‘‘(3) RESPONSIBILITIES OF LEAD DEVELOPMENTAL TEST AND

EVALUATION ORGANIZATION.—The lead developmental test and 

evaluation organization for a major defense acquisition program 

shall be responsible for— 

10 USC 1701 

note. 


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125 STAT. 1508 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(A) providing technical expertise on testing and 

evaluation issues to the chief developmental tester for the 

program; 

‘‘(B) conducting developmental testing and evaluation 

activities for the program, as directed by the chief developmental tester; and 

‘‘(C) assisting the chief developmental tester in providing oversight of contractors under the program and in 

reaching technically informed, objective judgments about 

contractor developmental test and evaluation results under 

the program.’’. 

SEC. 836. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT 

OF MAJOR WEAPON SYSTEMS TO BE PROCURED UNDER 

COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN 

COUNTRIES. 

(a) ASSESSMENT OF RISK REQUIRED.— 

(1) IN GENERAL.—Not later than two days after the President transmits a certification to Congress pursuant to section 

27(f) of the Arms Export Control Act (22 U.S.C. 2767(f)) 

regarding a proposed cooperative project agreement that is 

expected to result in the award of a Department of Defense 

contract for the engineering and manufacturing development 

of a major weapon system, the Secretary of Defense shall submit 

to the Chairmen of the Committees on Armed Services of the 

Senate and the House of Representatives a report setting forth 

a risk assessment of the proposed cooperative project. 

(2) PREPARATION.—The Secretary shall prepare each report 

required by paragraph (1) in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, 

the Assistant Secretary of Defense for Research and 

Engineering, and the Director of Cost Assessment and Program 

Evaluation of the Department of Defense. 

(b) ELEMENTS.—The risk assessment on a cooperative project 

under subsection (a) shall include the following: 

(1) An assessment of the design, technical, manufacturing, 

and integration risks associated with developing and procuring 

the weapon system to be procured under the cooperative project. 

(2) A statement identifying any termination liability that 

would be incurred under the development contract to be entered 

into under subsection (a)(1), and a statement of the extent 

to which such termination liability would not be fully funded 

by appropriations available or sought in the fiscal year in 

which the agreement for the cooperative project is signed on 

behalf of the United States. 

(3) An assessment of the advisability of incurring any 

unfunded termination liability identified under paragraph (2) 

given the risks identified in the assessment under paragraph 

(1). 

(4) A listing of which, if any, requirements associated with 

the oversight and management of a major defense acquisition 

program (as prescribed under Department of Defense Instruction 5000.02 or related authorities) will be waived, or in any 

way modified, in carrying out the development contract to be 

entered into under (a)(1), and a full explanation why such 

requirements need to be waived or modified. 

(c) DEFINITIONS.—In this section: 

Consultation. 

Deadline. 

President. 

Certification. 

Reports. 

22 USC 2767 

note. 


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(1) The term ‘‘engineering and manufacturing development’’ 

has the meaning given that term in Department of Defense 

Instruction 5000.02. 

(2) The term ‘‘major weapon system’’ has the meaning 

given that term in section 2379(f) of title 10, United States 

Code. 

SEC. 837. COMPETITION IN MAINTENANCE AND SUSTAINMENT OF SUBSYSTEMS OF MAJOR WEAPON SYSTEMS. 

Section 202(d) of the Weapon Systems Acquisition Reform Act 

of 2009 (Public Law 111–23; 123 Stat. 1721; 10 U.S.C. 2430 note) 

is amended— 

(1) in the subsection heading, by striking ‘‘OPERATION AND

SUSTAINMENT OF MAJOR WEAPON SYSTEMS’’ and inserting 

‘‘MAINTENANCE AND SUSTAINMENT OF MAJOR WEAPON SYSTEMS

AND SUBSYSTEMS’’; 

(2) by inserting ‘‘or subsystem of a major weapon system’’ 

after ‘‘a major weapon system’’; and 

(3) by inserting ‘‘, or for components needed for such 

maintenance and sustainment,’’ after ‘‘such maintenance and 

sustainment’’. 

SEC. 838. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH 

RESPECT TO EVOLVED EXPENDABLE LAUNCH VEHICLE 

PROGRAM. 

The Secretary of Defense shall— 

(1) redesignate the Evolved Expendable Launch Vehicle 

program as a major defense acquisition program not in the 

sustainment phase under section 2430 of title 10, United States 

Code; or 

(2) require the Evolved Expendable Launch Vehicle program— 

(A) to provide to the congressional defense committees 

all information with respect to the cost, schedule, and 

performance of the program that would be required to 

be provided under sections 2431 (relating to weapons 

development and procurement schedules), 2432 (relating 

to Select Acquisition Reports, including updated program 

life-cycle cost estimates), and 2433 (relating to unit cost 

reports) of title 10, United States Code, with respect to 

the program if the program were designated as a major 

defense acquisition program not in the sustainment phase; 

and 

(B) to provide to the Under Secretary of Defense for 

Acquisition, Technology, and Logistics— 

(i) a quarterly cost and status report, commonly 

known as a Defense Acquisition Executive Summary, 

which serves as an early-warning of actual and potential problems with a program and provides for possible 

mitigation plans; and 

(ii) earned value management data that contains 

measurements of contractor technical, schedule, and 

cost performance. 


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125 STAT. 1510 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 839. IMPLEMENTATION OF ACQUISITION STRATEGY FOR 

EVOLVED EXPENDABLE LAUNCH VEHICLE. 

(a) IN GENERAL.—Not later than March 31, 2012, the Secretary 

of Defense shall submit to the congressional committees specified 

in subsection (c) the following information: 

(1) A description of how the strategy of the Department 

of Defense to acquire space launch capability under the Evolved 

Expendable Launch Vehicle program implements each of the 

recommendations included in the Report of the Government 

Accountability Office on the Evolved Expendable Launch 

Vehicle, dated September 15, 2011 (GAO–11–641). 

(2) With respect to any such recommendation that the 

Department does not implement, an explanation of how the 

Department is otherwise addressing the deficiencies identified 

in that report. 

(b) ASSESSMENT BY COMPTROLLER GENERAL OF THE UNITED

STATES.—Not later than 60 days after the submission of the 

information required by subsection (a), the Comptroller General 

of the United States shall submit to the congressional committees 

specified in subsection (c) an assessment of that information and 

any additional findings or recommendations the Comptroller General considers appropriate. 

(c) CONGRESSIONAL COMMITTEES.—The congressional committees specified in this subsection are the following: 

(1) The Committees on Armed Services of the Senate and 

the House of Representatives. 

(2) The Committees on Appropriations of the Senate and 

the House of Representatives. 

(3) The Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of the 

House of Representatives. 

Subtitle D—Provisions Relating to Contracts in Support of Contingency Operations in Iraq or Afghanistan 

SEC. 841. PROHIBITION ON CONTRACTING WITH THE ENEMY IN THE 

UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS. 

(a) PROHIBITION.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

revise the Department of Defense Supplement to the Federal 

Acquisition Regulation to authorize the head of a contracting 

activity, pursuant to a request from the Commander of the 

United States Central Command under subsection (c)(2)— 

(A) to restrict the award of Department of Defense 

contracts, grants, or cooperative agreements that the head 

of the contracting activity determines in writing would 

provide funding directly or indirectly to a person or entity 

that has been identified by the Commander of the United 

States Central Command as actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation in the United States 

Central Command theater of operations; 

Deadline. 

10 USC 2302 

note. 

Submissions. 

Deadlines. 


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(B) to terminate for default any Department contract, 

grant, or cooperative agreement upon a written determination by the head of the contracting activity that the contractor, or the recipient of the grant or cooperative agreement, has failed to exercise due diligence to ensure that 

none of the funds received under the contract, grant, or 

cooperative agreement are provided directly or indirectly 

to a person or entity who is actively supporting an insurgency or otherwise actively opposing United States or coalition forces in a contingency operation in the United States 

Central Command theater of operations; or 

(C) to void in whole or in part any Department contract, 

grant, or cooperative agreement upon a written determination by the head of the contracting activity that the contract, grant, or cooperative agreement provides funding 

directly or indirectly to a person or entity that has been 

identified by the Commander of the United States Central 

Command as actively supporting an insurgency or otherwise actively opposing United States or coalition forces 

in a contingency operation in the United States Central 

Command theater of operations. 

(2) TREATMENT AS VOID.—For purposes of this section: 

(A) A contract, grant, or cooperative agreement that 

is void is unenforceable as contrary to public policy. 

(B) A contract, grant, or cooperative agreement that 

is void in part is unenforceable as contrary to public policy 

with regard to a segregable task or effort under the contract, grant, or cooperative agreement. 

(b) CONTRACT CLAUSE.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary shall revise the 

Department of Defense Supplement to the Federal Acquisition 

Regulation to require that— 

(A) the clause described in paragraph (2) shall be 

included in each covered contract, grant, and cooperative 

agreement of the Department that is awarded on or after 

the date of the enactment of this Act; and 

(B) to the maximum extent practicable, each covered 

contract, grant, and cooperative agreement of the Department that is awarded before the date of the enactment 

of this Act shall be modified to include the clause described 

in paragraph (2). 

(2) CLAUSE DESCRIBED.—The clause described in this paragraph is a clause that— 

(A) requires the contractor, or the recipient of the 

grant or cooperative agreement, to exercise due diligence 

to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly 

or indirectly to a person or entity who is actively supporting 

an insurgency or otherwise actively opposing United States 

or coalition forces in a contingency operation; and 

(B) notifies the contractor, or the recipient of the grant 

or cooperative agreement, of the authority of the head 

of the contracting activity to terminate or void the contract, 

grant, or cooperative agreement, in whole or in part, as 

provided in subsection (a). 

Notification. 

Deadline. 


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(3) COVERED CONTRACT, GRANT, OR COOPERATIVE AGREE- MENT.—In this subsection, the term ‘‘covered contract, grant, 

or cooperative agreement’’ means a contract, grant, or cooperative agreement with an estimated value in excess of $100,000 

that will be performed in the United States Central Command 

theater of operations. 

(c) IDENTIFICATION OF CONTRACTS WITH SUPPORTERS OF THE

ENEMY.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary, acting through 

the Commander of the United States Central Command, shall 

establish a program to use available intelligence to review 

persons and entities who receive United States funds through 

contracts, grants, and cooperative agreements performed in 

the United States Central Command theater of operations and 

identify any such persons and entities who are actively supporting an insurgency or otherwise actively opposing United 

States or coalition forces in a contingency operation. 

(2) NOTICE TO CONTRACTING ACTIVITIES.—If the Commander 

of the United States Central Command, acting pursuant to 

the program required by paragraph (1), identifies a person 

or entity as actively supporting an insurgency or otherwise 

actively opposing United States or coalition forces in a contingency operation, the Commander may notify the head of a 

contracting activity in writing of such identification and request 

that the head of the contracting activity exercise the authority 

provided in subsection (a) with regard to any contracts, grants, 

or cooperative agreements that provide funding directly or 

indirectly to the person or entity. 

(3) PROTECTION OF CLASSIFIED INFORMATION.—Classified 

information relied upon by the Commander of the United States 

Central Command to make an identification in accordance with 

this subsection may not be disclosed to a contractor or a 

recipient of a grant or cooperative agreement with respect 

to which an action is taken pursuant to the authority provided 

in subsection (a), or to their representatives, in the absence 

of a protective order issued by a court of competent jurisdiction 

established under Article III of the Constitution of the United 

States that specifically addresses the conditions upon which 

such classified information may be so disclosed. 

(d) NONDELEGATION OF RESPONSIBILITIES.— 

(1) CONTRACT ACTIONS.—The authority provided by subsection (a) to restrict, terminate, or void contracts, grants, 

and cooperative agreements may not be delegated below the 

level of the head of a contracting activity. 

(2) IDENTIFICATION OF SUPPORT OF ENEMY.—The authority 

to make an identification under subsection (c)(1) may not be 

delegated below the level of the Commander of the United 

States Central Command. 

(e) REPORTS.—Not later than March 1 of each of 2013, 2014, 

and 2015, the Secretary shall submit to the congressional defense 

committees a report on the use of the authority provided by this 

section in the preceding calendar year. Each report shall identify, 

for the calendar year covered by such report, each instance in 

which the Department of Defense exercised the authority to restrict, 

terminate, or void contracts, grants, and cooperative agreements 

pursuant to subsection (a) and explain the basis for the action 

Deadline. 

Definition. 


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taken. Any report under this subsection may be submitted in classified form. 

(f) OTHER DEFINITION.—In this section, the term ‘‘contingency 

operation’’ has the meaning given that term in section 101(a)(13) 

of title 10, United States Code. 

(g) SUNSET.—The authority to restrict, terminate, or void contracts, grants, and cooperative agreements pursuant to subsection 

(a) shall cease to be effective on the date that is three years 

after the date of the enactment of this Act. 

SEC. 842. ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE UNITED STATES CENTRAL 

COMMAND THEATER OF OPERATIONS. 

(a) DEPARTMENT OF DEFENSE CONTRACTS, GRANTS, AND

COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

revise the Department of Defense Supplement to the Federal 

Acquisition Regulation to require that— 

(A) the clause described in paragraph (2) shall be 

included in each covered contract, grant, and cooperative 

agreement of the Department of Defense that is awarded 

on or after the date of the enactment of this Act; and 

(B) to the maximum extent practicable, each covered 

contract, grant, and cooperative agreement of the Department that is awarded before the date of the enactment 

of this Act shall be modified to include the clause described 

in paragraph (2). 

(2) CLAUSE.—The clause described in this paragraph is 

a clause authorizing the Secretary, upon a written determination pursuant to paragraph (3), to examine any records of 

the contractor, the recipient of a grant or cooperative agreement, or any subcontractor or subgrantee under such contract, 

grant, or cooperative agreement to the extent necessary to 

ensure that funds available under the contract, grant, or 

cooperative agreement— 

(A) are not subject to extortion or corruption; and 

(B) are not provided directly or indirectly to persons 

or entities that are actively supporting an insurgency or 

otherwise actively opposing United States or coalition forces 

in a contingency operation. 

(3) WRITTEN DETERMINATION.—The authority to examine 

records pursuant to the contract clause described in paragraph 

(2) may be exercised only upon a written determination by 

the contracting officer or comparable official responsible for 

a grant or cooperative agreement, upon a finding by the Commander of the United States Central Command, that there 

is reason to believe that funds available under the contract, 

grant, or cooperative agreement concerned may have been subject to extortion or corruption or may have been provided 

directly or indirectly to persons or entities that are actively 

supporting an insurgency or otherwise actively opposing United 

States or coalition forces in a contingency operation. 

(4) FLOWDOWN.—A clause described in paragraph (2) shall 

also be required in any subcontract or subgrant under a covered 

contract, grant, or cooperative agreement if the subcontract 

or subgrant has an estimated value in excess of $100,000. 

Deadline. 

10 USC 2313 

note. 


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(b) REPORTS.—Not later than March 1 of each of 2013, 2014, 

and 2015, the Secretary shall submit to the congressional defense 

committees a report on the use of the authority provided by this 

section in the preceding calendar year. Each report shall identify, 

for the calendar year covered by such report, each instance in 

which the Department of Defense exercised the authority provided 

under this section to examine records, explain the basis for the 

action taken, and summarize the results of any examination of 

records so undertaken, Any report under this subsection may be 

submitted in classified form. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘contingency operation’’ has the meaning given 

that term in section 101(a)(13) of title 10, United States Code. 

(2) The term ‘‘covered contract, grant, or cooperative agreement’’ means a contract, grant, or cooperative agreement with 

an estimated value in excess of $100,000 that will be performed 

in the United States Central Command theater of operations 

in support of a contingency operation. 

(d) SUNSET.— 

(1) IN GENERAL.—The clause described by subsection (a)(2) 

shall not be required in any contract, grant, or cooperative 

agreement that is awarded after the date that is three years 

after the date of the enactment of this Act. 

(2) CONTINUING EFFECT OF CLAUSES INCLUDED BEFORE

SUNSET.—Any clause described by subsection (a)(2) that is 

included in a contract, grant, or cooperative agreement pursuant to this section before the date specified in paragraph (1) 

shall remain in effect in accordance with its terms. 

SEC. 843. REACH-BACK CONTRACTING AUTHORITY FOR OPERATION 

ENDURING FREEDOM AND OPERATION NEW DAWN. 

(a) AUTHORITY TO DESIGNATE LEAD CONTRACTING ACTIVITY.— 

The Under Secretary of Defense for Acquisition, Technology, and 

Logistics may designate a single contracting activity inside the 

United States to act as the lead contracting activity with authority 

for use of domestic capabilities in support of overseas contracting 

for Operation Enduring Freedom and Operation New Dawn. The 

contracting activity so designated shall be known as the ‘‘lead 

reach-back contracting authority’’ for such operations. 

(b) LIMITED AUTHORITY FOR USE OF OUTSIDE-THE-UNITEDSTATES-THRESHOLDS.—The head of the contracting authority designated pursuant to subsection (a) may, when awarding a contract 

inside the United States for performance in the theater of operations 

for Operation Enduring Freedom or Operation New Dawn, use 

the overseas increased micro-purchase threshold and the overseas 

increased simplified acquisition threshold in the same manner and 

to the same extent as if the contract were to be awarded and 

performed outside the United States. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘overseas increased micro-purchase threshold’’ 

means the amount specified in paragraph (1)(B) of section 

1903(b) of title 41, United States Code. 

(2) The term ‘‘overseas increased simplified acquisition 

threshold’’ means the amount specified in paragraph (2)(B) 

of section 1903(b) of title 41, United States Code. 

10 USC 2302 

note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1515 

SEC. 844. COMPETITION AND REVIEW OF CONTRACTS FOR PROPERTY 

OR SERVICES IN SUPPORT OF A CONTINGENCY OPERATION. 

(a) CONTRACTING GOALS.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense shall— 

(1) establish goals for competition in contracts awarded 

by the Secretary of Defense for the procurement of property 

or services to be used outside the United States in support 

of a contingency operation; and 

(2) develop processes by which to measure and monitor 

such competition, including in task-order categories for services, 

construction, and supplies. 

(b) ANNUAL REVIEW OF CERTAIN CONTRACTS.—For each year 

the Logistics Civil Augmentation Program contract, or other similar 

omnibus contract awarded by the Secretary of Defense for the 

procurement of property or services to be used outside the United 

States in support of a contingency operation, is in force, the Secretary shall require a competition advocate of the Department of 

Defense to conduct an annual review of each such contract. 

(c) ANNUAL REPORT ON CONTRACTING IN IRAQ AND AFGHANISTAN.— Section 863(a)(2) of the National Defense Authorization 

Act for Fiscal Year 2008 (110–181; 10 U.S.C. 2302 note) is 

amended— 

(1) by redesignating subparagraphs (F) through (H) as subparagraphs (G) through (I), respectively; and 

(2) by inserting after subparagraph (E) the following new 

subparagraph: 

‘‘(F) Percentage of contracts awarded on a competitive 

basis as compared to established goals for competition in 

contingency contracting actions.’’. 

SEC. 845. INCLUSION OF ASSOCIATED SUPPORT SERVICES IN RAPID 

ACQUISITION AND DEPLOYMENT PROCEDURES FOR SUPPLIES. 

(a) INCLUSION.—Section 806 of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is 

amended by striking ‘‘supplies’’ each place it appears (other than 

subsections (a)(1)(B) and (f)) and inserting ‘‘supplies and associated 

support services’’. 

(b) DEFINITION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(g) ASSOCIATED SUPPORT SERVICES DEFINED.—In this section, 

the term ‘associated support services’ means training, operation, 

maintenance, and support services needed in connection with the 

deployment of supplies to be acquired pursuant to the authority 

of this section. The term does not include functions that are inherently governmental or otherwise exempted from private sector 

performance.’’. 

(c) LIMITATION ON AVAILABILITY OF AUTHORITY.—The authority 

to acquire associated support services pursuant to section 806 of 

the Bob Stump National Defense Authorization Act for Fiscal Year 

2003, as amended by this section, shall not take effect until the 

Secretary of Defense certifies to the congressional defense committees that the Secretary has developed and implemented an expedited review process in compliance with the requirements of section 

804 of the Ike Skelton National Defense Authorization Act for 

Certification. 

10 USC 2302 

note. 

Procedures. 

10 USC 2302 

note. 


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125 STAT. 1516 PUBLIC LAW 112–81—DEC. 31, 2011 

Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4256; 10 U.S.C. 

2302 note). 

SEC. 846. JOINT URGENT OPERATIONAL NEEDS FUND TO RAPIDLY 

MEET URGENT OPERATIONAL NEEDS. 

(a) ESTABLISHMENT OF FUND.— 

(1) IN GENERAL.—Chapter 131 of title 10, United States 

Code, is amended by inserting after section 2216 the following 

new section: 

‘‘§ 2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund 

‘‘(a) ESTABLISHMENT.—There is established in the Treasury an 

account to be known as the ‘Joint Urgent Operational Needs Fund’ 

(in this section referred to as the ‘Fund’). 

‘‘(b) ELEMENTS.—The Fund shall consist of the following: 

‘‘(1) Amounts appropriated to the Fund. 

‘‘(2) Amounts transferred to the Fund. 

‘‘(3) Any other amounts made available to the Fund by 

law. 

‘‘(c) USE OF FUNDS.—(1) Amounts in the Fund shall be available 

to the Secretary of Defense for capabilities that are determined 

by the Secretary, pursuant to the review process required by section 

804(b) of the Ike Skelton National Defense Authorization Act for 

Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for rapid 

fielding in response to urgent operational needs. 

‘‘(2) The Secretary shall establish a merit-based process for 

identifying equipment, supplies, services, training, and facilities 

suitable for funding through the Fund. 

‘‘(3) Nothing in this section shall be interpreted to require 

or enable any official of the Department of Defense to provide 

funding under this section pursuant to a congressional earmark, 

as defined in clause 9 of Rule XXI of the Rules of the House 

of Representatives, or a congressionally directed spending item, 

as defined in paragraph 5 of Rule XLIV of the Standing Rules 

of the Senate. 

‘‘(d) TRANSFER AUTHORITY.—(1) Amounts in the Fund may be 

transferred by the Secretary of Defense from the Fund to any 

of the following accounts of the Department of Defense to accomplish 

the purpose stated in subsection (c): 

‘‘(A) Operation and maintenance accounts. 

‘‘(B) Procurement accounts. 

‘‘(C) Research, development, test, and evaluation accounts. 

‘‘(2) Upon determination by the Secretary that all or part of 

the amounts transferred from the Fund under paragraph (1) are 

not necessary for the purpose for which transferred, such amounts 

may be transferred back to the Fund. 

‘‘(3) The transfer of an amount to an account under the 

authority in paragraph (1) shall be deemed to increase the amount 

authorized for such account by an amount equal to the amount 

so transferred. 

‘‘(4) The transfer authority provided by paragraphs (1) and 

(2) is in addition to any other transfer authority available to the 

Department of Defense by law. 

‘‘(e) SUNSET.—The authority to make expenditures or transfers 

from the Fund shall expire on the last day of the third fiscal 

Procedures. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1517 

year that begins after the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2012.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 131 of such title is amended by inserting 

after the item relating to section 2216 the following new item: 

‘‘2216a. Rapidly meeting urgent needs: Joint Urgent Operational Needs Fund.’’. 

(b) LIMITATION ON COMMENCEMENT OF EXPENDITURES FROM

FUND.—No expenditure may be made from the Joint Urgent Operational Needs Fund established by section 2216a of title 10, United 

States Code (as added by subsection (a)), until the Secretary of 

Defense certifies to the congressional defense committees that the 

Secretary has developed and implemented an expedited review 

process in compliance with the requirements of section 804 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 124 Stat. 4256; 10 U.S.C. 2302 note). 

Subtitle E—Defense Industrial Base 

Matters 

SEC. 851. ASSESSMENT OF THE DEFENSE INDUSTRIAL BASE PILOT 

PROGRAM. 

(a) REPORT.—Not later than March 1, 2012, the Secretary of 

Defense shall submit to the congressional defense committees a 

report on the defense industrial base pilot program of the Department of Defense. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include each of the following: 

(1) A quantitative and qualitative analysis of the effectiveness of the defense industrial base pilot program. 

(2) An assessment of the legal, policy, or regulatory challenges associated with effectively executing the pilot program. 

(3) Recommendations for changes to the legal, policy, or 

regulatory framework for the pilot program to make it more 

effective. 

(4) A description of any plans to expand the pilot program, 

including to other sectors beyond the defense industrial base. 

(5) An assessment of the potential legal, policy, or regulatory challenges associated with expanding the pilot program. 

(6) Any other matters the Secretary considers appropriate. 

(c) FORM.—The report required under this section shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 852. STRATEGY FOR SECURING THE DEFENSE SUPPLY CHAIN 

AND INDUSTRIAL BASE. 

(a) REPORT REQUIRED.—The Secretary of Defense shall ensure 

that the annual report to Congress on the defense industrial base 

submitted for fiscal year 2012 pursuant to section 2504 of title 

10, United States Code, includes a description of, and a status 

report on, the sector-by-sector, tier-by-tier assessment of the industrial base undertaken by the Department of Defense. 

(b) CONTENTS OF REPORT.—The report required by subsection 

(a) shall include, at a minimum, a description of the steps taken 

and planned to be taken— 

10 USC 2504 

note. 

10 USC 2216a 

note. 

Certification. 


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(1) to identify current and emerging sectors of the defense 

industrial base that are critical to the national security of 

the United States; 

(2) in each sector, to identify items that are critical to 

military readiness, including key components, subcomponents, 

and materials; 

(3) to examine the structure of the industrial base, 

including the competitive landscape, relationships, risks, and 

opportunities within that structure; 

(4) to map the supply chain for critical items identified 

under paragraph (2) in a manner that provides the Department 

of Defense visibility from raw material to final products; 

(5) to perform a risk assessment of the supply chain for 

such critical items and conduct an evaluation of the extent 

to which— 

(A) the supply chain for such items is subject to disruption by factors outside the control of the Department of 

Defense; and 

(B) such disruption would adversely affect the ability 

of the Department of Defense to fill its national security 

mission. 

(c) STRATEGY REQUIRED.—Based on the findings from the sectorby-sector, tier-by-tier assessment, as described in the report 

required by subsection (a), the Secretary of Defense shall develop 

a defense supply chain and industrial base strategy to ensure 

the continued availability of items that are determined by the 

Secretary to be critical to military readiness and to be subject 

to significant supply chain risk. The strategy shall be based on 

a prioritized assessment of risks and challenges to the defense 

supply chain and industrial base and shall, at a minimum, 

address— 

(1) mitigation strategies needed to address any gaps or 

vulnerabilities in the relevant sectors of the defense industrial 

base; 

(2) the need for timely mobilization and capacity in such 

sectors of the defense industrial base; and 

(3) any other steps needed to foster and safeguard such 

sectors of the defense industrial base. 

(d) FOLLOW-UP REVIEW.—The Secretary of Defense shall ensure 

that the annual report to Congress on the defense industrial base 

submitted for each of fiscal years 2013, 2014, and 2015 includes 

an update on the steps taken by the Department of Defense to 

act on the findings of the sector-by-sector, tier-by-tier assessment 

of the industrial base and implement the strategy required by 

subsection (c). Such updates shall, at a minimum— 

(1) be conducted based on current mapping of the supply 

chain and industrial base structure, including an analysis of 

the competitive landscape, relationships, risks, and opportunities within that structure; and 

(2) take into account any changes or updates to the 

National Defense Strategy, National Military Strategy, national 

counterterrorism policy, homeland security policy, and 

applicable operational or contingency plans. 


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SEC. 853. ASSESSMENT OF FEASABILITY AND ADVISABILITY OF 

ESTABLISHMENT OF RARE EARTH MATERIAL INVENTORY. 

(a) REQUIREMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Administrator of the Defense 

Logistics Agency Strategic Materials shall submit to the Secretary 

of Defense an assessment of the feasibility and advisability of 

establishing an inventory of rare earth materials necessary to 

ensure the long-term availability of such rare earth materials. The 

assessment shall— 

(1) identify and describe the steps necessary to create an 

inventory of rare earth materials, including oxides, metals, 

alloys, and magnets, to support national defense requirements 

and ensure reliable sources of such materials for defense purposes; 

(2) provide a detailed cost-benefit analysis of creating such 

an inventory in accordance with Office of Management and 

Budget Circular A–94; 

(3) provide an analysis of the potential market effects, 

including effects on the pricing and commercial availability 

of such rare earth materials, associated with creating such 

an inventory; 

(4) identify and describe the mechanisms available to the 

Administrator to make such an inventory accessible, including 

by purchase, to entities requiring such rare earth materials 

to support national defense requirements, including producers 

of end items containing rare earth materials; 

(5) provide a detailed explanation of the ability of the 

Administrator to authorize the sale of excess materials to support a Rare Earth Material Stockpile Inventory Program; 

(6) analyze any potential requirements to amend or revise 

the Defense Logistics Agency Strategic Materials Annual Material Plan for Fiscal Year 2012 and subsequent years to reflect 

an inventory of rare earth materials to support national defense 

requirements; 

(7) identify and describe the steps necessary to develop 

or maintain a competitive, multi-source supply-chain to avoid 

reliance on a single source of supply; 

(8) identify and describe supply sources considered by the 

Administrator to be reliable, including an analysis of the 

capabilities of such sources to produce such materials in forms 

required for military applications in the next five years, as 

well as the security of upstream supply for these sources of 

material; and 

(9) include such other considerations and recommendations 

as necessary to support the establishment of such inventory. 

(b) FINDINGS AND RECOMMENDATIONS.— 

(1) IN GENERAL.—Not later than 90 days after the date 

on which the assessment is submitted under subsection (a), 

the Secretary of Defense shall submit to the congressional 

defense committees— 

(A) the findings and recommendations from the assessment required under subsection (a); 

(B) a description of any actions the Secretary intends 

to take regarding the plans, strategies, policies, regulations, 

or resourcing of the Department of Defense as a result 

of the findings and recommendations from such assessment; 

and 

Deadline. 

Deadline. 


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(C) any recommendations for legislative or regulatory 

changes needed to ensure the long-term availability of such 

rare earth materials. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘rare earth’’ means any of the following chemical elements in any of their physical forms or chemical combinations and alloys: 

(A) Scandium. 

(B) Yttrium. 

(C) Lanthanum. 

(D) Cerium. 

(E) Praseodymium. 

(F) Neodymium. 

(G) Promethium. 

(H) Samarium. 

(I) Europium. 

(J) Gadolinium. 

(K) Terbium. 

(L) Dysprosium. 

(M) Holmium. 

(N) Erbium. 

(O) Thulium. 

(P) Ytterbium. 

(Q) Lutetium. 

(2) The term ‘‘capability’’ means the required facilities, 

manpower, technological knowledge, and intellectual property 

necessary for the efficient and effective production of rare earth 

materials. 

SEC. 854. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL 

BASE FOR NIGHT VISION IMAGE INTENSIFICATION SENSORS. 

(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense 

for Acquisition, Technology, and Logistics shall undertake an assessment of the current and long-term availability within the United 

States and international industrial base of critical equipment, 

components, subcomponents, and materials (including, but not limited to, lenses, tubes, and electronics) needed to support current 

and future United States military requirements for night vision 

image intensification sensors. In carrying out the assessment, the 

Secretary shall— 

(1) identify items in connection with night vision image 

intensification sensors that the Secretary determines are critical to military readiness, including key components, subcomponents, and materials; 

(2) describe and perform a risk assessment of the supply 

chain for items identified under paragraph (1) and evaluate 

the extent to which— 

(A) the supply chain for such items could be disrupted 

by a loss of industrial capability in the United States; 

and 

(B) the industrial base obtains such items from foreign 

sources; 

(3) describe and assess current and future investment, 

gaps, and vulnerabilities in the ability of the Department to 

respond to the potential loss of domestic or international sources 

that provide items identified under paragraph (1); and 


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(4) identify and assess current strategies to leverage 

innovative night vision image intensification technologies being 

pursued in both Department of Defense laboratories and the 

private sector for the next generation of night vision capabilities, including an assessment of the competitiveness and technological advantages of the United States night vision image 

intensification industrial base. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report containing the results of the assessment required 

under subsection (a). 

SEC. 855. TECHNICAL AMENDMENT RELATING TO RESPONSIBILITIES 

OF DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR 

MANUFACTURING AND INDUSTRIAL BASE POLICY. 

Section 139e(b)(12) of title 10, United States Code, is amended 

by striking ‘‘titles I and II’’ and inserting ‘‘titles I and III’’. 

Subtitle F—Other Matters 

SEC. 861. CLARIFICATION OF JURISDICTION OF THE UNITED STATES 

DISTRICT COURTS TO HEAR BID PROTEST DISPUTES 

INVOLVING MARITIME CONTRACTS. 

(a) EXCLUSIVE JURISDICTION.—Section 1491(b) of title 28, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(6) Jurisdiction over any action described in paragraph 

(1) arising out of a maritime contract, or a solicitation for 

a proposed maritime contract, shall be governed by this section 

and shall not be subject to the jurisdiction of the district courts 

of the United States under the Suits in Admiralty Act (chapter 

309 of title 46) or the Public Vessels Act (chapter 311 of title 

46).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to any cause of action filed on or after the first day 

of the first month beginning more than 30 days after the date 

of the enactment of this Act. 

SEC. 862. ENCOURAGEMENT OF CONTRACTOR SCIENCE, TECHNOLOGY, 

ENGINEERING, AND MATH (STEM) PROGRAMS. 

(a) IN GENERAL.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall develop programs and incentives to ensure that Department of Defense contractors take appropriate steps to— 

(1) enhance undergraduate, graduate, and doctoral programs in science, technology, engineering and math (in this 

section referred to as ‘‘STEM’’ disciplines); 

(2) make investments, such as programming and curriculum development, in STEM programs within elementary 

and secondary schools; 

(3) encourage employees to volunteer in Title I schools 

in order to enhance STEM education and programs; 

(4) make personnel available to advise and assist faculty 

at such colleges and universities in the performance of STEM 

research and disciplines critical to the functions of the Department of Defense; 

10 USC note 

prec. 2191. 

Applicability. 

28 USC 1491 

note. 


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125 STAT. 1522 PUBLIC LAW 112–81—DEC. 31, 2011 

(5) establish partnerships between the offeror and historically Black colleges and universities and minority institutions 

for the purpose of training students in scientific disciplines; 

(6) award scholarships and fellowships, and establish 

cooperative work-education programs in scientific disciplines; 

or 

(7) conduct recruitment activities at historically black colleges and universities and other minority-serving institutions 

or offer internships or apprenticeships. 

(b) IMPLEMENTATION.—Not later than 270 days after the date 

of the enactment of this Act, the Under Secretary shall submit 

to the congressional defense committees a report on the steps taken 

to implement the requirements of this section. 

SEC. 863. SENSE OF CONGRESS AND REPORT ON AUTHORITIES AVAILABLE TO THE DEPARTMENT OF DEFENSE FOR MULTIYEAR 

CONTRACTS FOR THE PURCHASE OF ALTERNATIVE FUELS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The procurement of alternative fuels by the Department 

of Defense through the use of long-term contracts can provide 

stability for industry, which could attract investment needed 

to develop alternative fuel sources. 

(2) In appropriate circumstances, and with appropriate 

protections, the use of long-term contracts for alternative fuels 

can be in the best interest of the Department if the costs 

of these contracts are competitive with other fuel contracts. 

(3) The Department has asked for the authority to enter 

into long-term contracts for alternative fuels. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Department of Defense should continue to pursue long-term 

contracting authority for alternative fuels, as well as traditional 

fuels, if the contracts will satisfy military requirements and result 

in equal or less cost to the Department over their duration. 

(c) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report on the authorities 

currently available to the Department of Defense for multiyear 

contracts for the purchase of alternative fuels, including advanced 

biofuels. The report shall include a description of such additional 

authorities, if any, as the Secretary considers appropriate to 

authorize the Department to enter into contracts for the purchase 

of alternative fuels, including advanced biofuels, of sufficient length 

to reduce the impact to the Department of future price or supply 

shocks in the petroleum market, to benefit taxpayers, and to reduce 

United States dependence on foreign oil. 

SEC. 864. ACQUISITION WORKFORCE IMPROVEMENTS. 

(a) WORKFORCE IMPROVEMENTS.—Section 1704(b) of title 41, 

United States Code, is amended— 

(1) by inserting after the first sentence the following: ‘‘The 

Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.’’; 

(2) by striking ‘‘The Associate Administrator for Acquisition 

Workforce Programs shall be located in the Federal Acquisition 

Institute (or its successor).’’ and inserting ‘‘The Associate 

Administrator shall be located in the Office of Federal Procurement Policy.’’; 

Deadline. 

Reports. 


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(3) in paragraph (4), by striking ‘‘; and’’ and inserting 

a semicolon; 

(4) by redesignating paragraph (5) as paragraph (6); and 

(5) by inserting after paragraph (4) the following new paragraph: 

‘‘(5) implementing workforce programs under subsections 

(f) through (l) of section 1703 of this title; and’’. 

(b) FEDERAL ACQUISITION INSTITUTE.— 

(1) IN GENERAL.—Division B of subtitle I of title 41, United 

States Code, is amended by inserting after chapter 11 the 

following new chapter: 

‘‘CHAPTER 12—FEDERAL ACQUISITION INSTITUTE 

‘‘Sec. 

‘‘1201. Federal Acquisition Institute. 

‘‘§ 1201. Federal Acquisition Institute 

‘‘(a) IN GENERAL.—There is established a Federal Acquisition 

Institute (FAI) in order to— 

‘‘(1) foster and promote the development of a professional 

acquisition workforce Government-wide; 

‘‘(2) promote and coordinate Government-wide research and 

studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to 

acquisition by the executive agencies; 

‘‘(3) collect data and analyze acquisition workforce data 

from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual 

employees; 

‘‘(4) periodically analyze acquisition career fields to identify 

critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; 

‘‘(5) coordinate and assist agencies in identifying and 

recruiting highly qualified candidates for acquisition fields; 

‘‘(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities; 

‘‘(7) evaluate the effectiveness of training and career 

development programs for acquisition personnel; 

‘‘(8) promote the establishment and utilization of academic 

programs by colleges and universities in acquisition fields; 

‘‘(9) facilitate, to the extent requested by agencies, interagency intern and training programs; 

‘‘(10) collaborate with other civilian agency acquisition 

training programs to leverage training supporting all members 

of the civilian agency acquisition workforce; 

‘‘(11) assist civilian agencies with their acquisition and 

capital planning efforts; and 

‘‘(12) perform other career management or research functions as directed by the Administrator. 

‘‘(b) BUDGET RESOURCES AND AUTHORITY.— 

‘‘(1) IN GENERAL.—The Administrator shall recommend to 

the Administrator of General Services sufficient budget 

resources and authority for the Federal Acquisition Institute 

Recommendations. 

Establishment. 


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to support Government-wide training standards and certification requirements necessary to enhance the mobility and 

career opportunities of the Federal acquisition workforce. 

‘‘(2) ACQUISITION WORKFORCE TRAINING FUND.—Subject to 

the availability of funds, the Administrator of General Services 

shall provide the Federal Acquisition Institute with amounts 

from the acquisition workforce training fund established under 

section 1703(i) of this title sufficient to meet the annual budget 

for the Federal Acquisition Institute requested by the Administrator under paragraph (1). 

‘‘(c) FEDERAL ACQUISITION INSTITUTE BOARD OF DIRECTORS.— 

‘‘(1) REPORTING TO ADMINISTRATOR.—The Federal Acquisition Institute shall report through its Board of Directors directly 

to the Administrator. 

‘‘(2) COMPOSITION.—The Board shall be composed of not 

more than 8 individuals from the Federal Government representing a mix of acquisition functional areas, all of whom 

shall be appointed by the Administrator. 

‘‘(3) DUTIES.—The Board shall provide general direction 

to the Federal Acquisition Institute to ensure that the 

Institute— 

‘‘(A) meets its statutory requirements; 

‘‘(B) meets the needs of the Federal acquisition 

workforce; 

‘‘(C) implements appropriate programs; 

‘‘(D) coordinates with appropriate organizations and 

groups that have an impact on the Federal acquisition 

workforce; 

‘‘(E) develops and implements plans to meet future 

challenges of the Federal acquisition workforce; and 

‘‘(F) works closely with the Defense Acquisition University. 

‘‘(4) RECOMMENDATIONS.—The Board shall make recommendations to the Administrator regarding the development 

and execution of the annual budget of the Federal Acquisition 

Institute. 

‘‘(d) DIRECTOR.—The Director of the Federal Acquisition 

Institute shall be appointed by, be subject to the direction and 

control of, and report directly to the Administrator. 

‘‘(e) ANNUAL REPORT.—The Administrator shall submit to the 

Committee on Homeland Security and Governmental Affairs and 

the Committee on Appropriations of the Senate and the Committee 

on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on 

the projected budget needs and expense plans of the Federal 

Acquisition Institute to fulfill its mandate.’’. 

(2) CLERICAL AMENDMENT.—The table of contents at the 

beginning of subtitle I of such title is amended by inserting 

after the item relating to chapter 11 the following new item: 

‘‘12. Federal Acquisition Institute ..................................................................1201.’’. 

(3) CONFORMING AMENDMENT.—Paragraph (5) of section 

1122(a) of such title is amended to read as follows: 

‘‘(5) providing for and directing the activities of the Federal 

Acquisition Institute established under section 1201 of this 

title, including recommending to the Administrator of General 

Services a sufficient budget for such activities.’’. 

Appointment. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1525 

(c) GOVERNMENT-WIDE TRAINING STANDARDS AND CERTIFICATION.—Section 1703 of such title is amended— 

(1) in subsection (c)(2)— 

(A) by striking ‘‘The Administrator shall’’ and inserting 

the following: 

‘‘(A) IN GENERAL.—The Administrator shall’’; and 

(B) by adding at the end the following: 

‘‘(B) GOVERNMENT-WIDE TRAINING STANDARDS AND CERTIFICATION.—The Administrator, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including— 

‘‘(i) developing and modifying acquisition certification programs; 

‘‘(ii) ensuring quality assurance for agency 

implementation of government-wide training and certification standards; 

‘‘(iii) analyzing the acquisition training curriculum 

to ascertain if all certification competencies are covered 

or if adjustments are necessary; 

‘‘(iv) developing career path information for certified professionals to encourage retention in government positions; 

‘‘(v) coordinating with the Office of Personnel 

Management for human capital efforts; and 

‘‘(vi) managing rotation assignments to support 

opportunities to apply skills included in certification.’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(l) ACQUISITION INTERNSHIP AND TRAINING PROGRAMS.—All 

Federal civilian agency acquisition internship or acquisition training 

programs shall follow guidelines provided by the Office of Federal 

Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal 

Government.’’. 

(d) EXPANDED SCOPE OF ACQUISITION WORKFORCE TRAINING

FUND.—Section 1703(i) of such title is amended— 

(1) in paragraph (2), by striking ‘‘to support the training 

of the acquisition workforce of the executive agencies’’ and 

inserting ‘‘to support the activities set forth in section 1201(a) 

of this title’’; and 

(2) in paragraph (6), by striking ‘‘ensure that amounts 

collected for training under this subsection are not used for 

a purpose other than the purpose specified in paragraph (2)’’ 

and inserting ‘‘ensure that amounts collected under this section 

are not used for a purpose other than the activities set forth 

in section 1201(a) of this title’’. 

(e) RULE OF CONSTRUCTION.—Nothing in this section, or the 

amendments made by this section, shall be construed to preclude 

the Secretary of Defense from establishing acquisition workforce 

policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as 

provided in chapter 87 of title 10, United States Code. 

41 USC 1201 

note. 

Guidelines. 


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SEC. 865. MODIFICATION OF DELEGATION OF AUTHORITY TO MAKE 

DETERMINATIONS ON ENTRY INTO COOPERATIVE 

RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO 

AND OTHER FRIENDLY ORGANIZATIONS AND COUNTRIES. 

Section 2350a(b)(2) of title 10, United States Code, is amended 

by striking ‘‘and to one other official of the Department of Defense’’ 

and inserting ‘‘, the Under Secretary of Defense for Acquisition, 

Technology, and Logistics, and the Assistant Secretary of Defense 

for Research and Engineering’’. 

SEC. 866. THREE-YEAR EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS. 

(a) THREE-YEAR EXTENSION.—Subsection (e) of section 834 of 

the National Defense Authorization Act for Fiscal Years 1990 and 

1991 (15 U.S.C. 637 note) is amended by striking ‘‘September 30, 

2011’’ and inserting ‘‘December 31, 2014’’. 

(b) ADDITIONAL REPORT.—Subsection (f) of such section is 

amended by inserting ‘‘and March 1, 2012,’’ after ‘‘March 1, 1994,’’. 

SEC. 867. FIVE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE 

MENTOR-PROTEGE PROGRAM. 

Section 831(j) of the National Defense Authorization Act for 

Fiscal Year 1991 (10 U.S.C. 2302 note) is amended— 

(1) in paragraph (1), by striking ‘‘September 30, 2010’’ 

and inserting ‘‘September 30, 2015’’; and 

(2) in paragraph (2), by striking ‘‘September 30, 2013’’ 

and inserting ‘‘September 30, 2018’’. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Revision of defense business systems requirements. 

Sec. 902. Qualifications for appointments to the position of Deputy Secretary of Defense. 

Sec. 903. Designation of Department of Defense senior official with principal responsibility for airship programs. 

Sec. 904. Memoranda of agreement on identification and dedication of enabling capabilities of general purpose forces to fulfill certain requirements of special operations forces. 

Sec. 905. Assessment of Department of Defense access to non-United States citizens with scientific and technical expertise vital to the national security 

interests. 

Sec. 906. Sense of Congress on use of modeling and simulation in Department of 

Defense activities. 

Sec. 907. Sense of Congress on ties between Joint Warfighting and Coalition Center 

and Allied Command Transformation of NATO. 

Sec. 908. Report on effects of planned reductions of personnel at the Joint Warfare 

Analysis Center on personnel skills. 

Subtitle B—Space Activities 

Sec. 911. Harmful interference to Department of Defense Global Positioning System. 

Sec. 912. Authority to designate increments or blocks of satellites as major subprograms subject to acquisition reporting requirements. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Report on implementation of recommendations by the Comptroller General on intelligence information sharing. 

Sec. 922. Insider threat detection. 


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Sec. 923. Expansion of authority for exchanges of mapping, charting, and geodetic 

data to include nongovernmental organizations and academic institutions. 

Sec. 924. Ozone Widget Framework. 

Sec. 925. Plan for incorporation of enterprise query and correlation capability into 

the Defense Intelligence Information Enterprise. Sec. 926. Facilities for intelligence collection or special operations activities abroad. 

Subtitle D—Total Force Management 

Sec. 931. General policy for total force management. 

Sec. 932. Revisions to Department of Defense civilian personnel management constraints. 

Sec. 933. Additional amendments relating to total force management. 

Sec. 934. Modifications of annual defense manpower requirements report. 

Sec. 935. Revisions to strategic workforce plan. 

Sec. 936. Amendments to requirement for inventory of contracts for services. 

Sec. 937. Preliminary planning and duration of public-private competitions. 

Sec. 938. Conversion of certain functions from contractor performance to performance by Department of Defense civilian employees. 

Subtitle E—Quadrennial Roles and Missions and Related Matters 

Sec. 941. Chairman of the Joint Chiefs of Staff assessment of contingency plans. 

Sec. 942. Quadrennial defense review. 

Subtitle F—Other Matters 

Sec. 951. Activities to improve multilateral, bilateral, and regional cooperation regarding cybersecurity. 

Sec. 952. Report on United States Special Operations Command structure. 

Sec. 953. Strategy to acquire capabilities to detect previously unknown cyber attacks. 

Sec. 954. Military activities in cyberspace. 

Subtitle A—Department of Defense 

Management 

SEC. 901. REVISION OF DEFENSE BUSINESS SYSTEMS REQUIREMENTS. 

Section 2222 of title 10, United States Code, is amended to 

read as follows: 

‘‘§ 2222. Defense business systems: architecture, accountability, and modernization 

‘‘(a) CONDITIONS FOR OBLIGATION OF FUNDS FOR COVERED

DEFENSE BUSINESS SYSTEM PROGRAMS.—Funds available to the 

Department of Defense, whether appropriated or non-appropriated, 

may not be obligated for a defense business system program that 

will have a total cost in excess of $1,000,000 over the period of 

the current future-years defense program submitted to Congress 

under section 221 of this title unless— 

‘‘(1) the appropriate pre-certification authority for the covered defense business system program has determined that— 

‘‘(A) the defense business system program is in compliance with the enterprise architecture developed under subsection (c) and appropriate business process re-engineering 

efforts have been undertaken to ensure that— 

‘‘(i) the business process supported by the defense 

business system program is or will be as streamlined 

and efficient as practicable; and 

‘‘(ii) the need to tailor commercial-off-the-shelf systems to meet unique requirements or incorporate 

unique requirements or incorporate unique interfaces 

has been eliminated or reduced to the maximum extent 

practicable; 

Certification. 


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‘‘(B) the defense business system program is necessary 

to achieve a critical national security capability or address 

a critical requirement in an area such as safety or security; 

or 

‘‘(C) the defense business system program is necessary 

to prevent a significant adverse effect on a project that 

is needed to achieve an essential capability, taking into 

consideration the alternative solutions for preventing such 

adverse effect; 

‘‘(2) the covered defense business system program has been 

reviewed and certified by the investment review board established under subsection (g); and 

‘‘(3) the certification of the investment review board under 

paragraph (2) has been approved by the Defense Business 

Systems Management Committee established by section 186 

of this title. 

‘‘(b) OBLIGATION OF FUNDS IN VIOLATION OF REQUIREMENTS.— 

The obligation of Department of Defense funds for a covered defense 

business system program that has not been certified and approved 

in accordance with subsection (a) is a violation of section 

1341(a)(1)(A) of title 31. 

‘‘(c) ENTERPRISE ARCHITECTURE FOR DEFENSE BUSINESS SYSTEMS.—(1) The Secretary of Defense, acting through the Defense 

Business Systems Management Committee, shall develop— 

‘‘(A) an enterprise architecture, known as the defense business enterprise architecture, to cover all defense business systems, and the functions and activities supported by defense 

business systems, which shall be sufficiently defined to effectively guide, constrain, and permit implementation of interoperable defense business system solutions and consistent with 

the policies and procedures established by the Director of the 

Office of Management and Budget; and 

‘‘(B) a transition plan for implementing the defense business enterprise architecture. 

‘‘(2) The Secretary of Defense shall delegate responsibility and 

accountability for the defense business enterprise architecture content, including unambiguous definitions of functional processes, 

business rules, and standards, as follows: 

‘‘(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be responsible and accountable for 

the content of those portions of the defense business enterprise 

architecture that support acquisition, logistics, installations, 

environment, or safety and occupational health activities of 

the Department of Defense. 

‘‘(B) The Under Secretary of Defense (Comptroller) shall 

be responsible and accountable for the content of those portions 

of the defense business enterprise architecture that support 

financial management activities or strategic planning and budgeting activities of the Department of Defense. 

‘‘(C) The Under Secretary of Defense for Personnel and 

Readiness shall be responsible and accountable for the content 

of those portions of the defense business enterprise architecture 

that support human resource management activities of the 

Department of Defense. 

‘‘(D) The Chief Information Officer of the Department of 

Defense shall be responsible and accountable for the content 

of those portions of the defense business enterprise architecture 

Delegation. 

Transition plan. 


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that support information technology infrastructure or information assurance activities of the Department of Defense. 

‘‘(E) The Deputy Chief Management Officer of the Department of Defense shall be responsible and accountable for developing and maintaining the defense business enterprise architecture as well as integrating business operations covered by subparagraphs (A) through (D). 

‘‘(d) COMPOSITION OF ENTERPRISE ARCHITECTURE.—The defense 

business enterprise architecture developed under subsection 

(c)(1)(A) shall include the following: 

‘‘(1) An information infrastructure that, at a minimum, 

would enable the Department of Defense to— 

‘‘(A) comply with all applicable law, including Federal 

accounting, financial management, and reporting requirements; 

‘‘(B) routinely produce timely, accurate, and reliable 

business and financial information for management purposes; 

‘‘(C) integrate budget, accounting, and program 

information and systems; and 

‘‘(D) provide for the systematic measurement of 

performance, including the ability to produce timely, relevant, and reliable cost information. 

‘‘(2) Policies, procedures, data standards, performance 

measures, and system interface requirements that are to apply 

uniformly throughout the Department of Defense. 

‘‘(3) A target defense business systems computing environment, compliant with the defense business enterprise architecture, for each of the major business processes conducted by 

the Department of Defense, as determined by the Chief 

Management Officer of the Department of Defense. 

‘‘(e) COMPOSITION OF TRANSITION PLAN.—The transition plan 

developed under subsection (c)(1)(B) shall include the following: 

‘‘(1) A listing of the new systems that are expected to 

be needed to complete the defense business enterprise architecture, along with each system’s time-phased milestones, performance measures, financial resource needs, and risks or challenges 

to integration into the business enterprise architecture. 

‘‘(2) A listing of the defense business systems existing as 

of September 30, 2011 (known as ‘legacy systems’) that will 

not be part of the defense business enterprise architecture, 

together with the schedule for terminating those legacy systems 

that provides for reducing the use of those legacy systems 

in phases. 

‘‘(3) A listing of the legacy systems (referred to in subparagraph (B)) that will be a part of the target defense business 

systems computing environment described in subsection (d)(3), 

together with a strategy for making the modifications to those 

systems that will be needed to ensure that such systems comply 

with the defense business enterprise architecture, including 

time-phased milestones, performance measures, and financial 

resource needs. 

‘‘(f) DESIGNATION OF APPROPRIATE PRE-CERTIFICATION AUTHORITIES AND SENIOR OFFICIALS.—(1) For purposes of subsections (a) 

and (g), the appropriate pre-certification authority for a defense 

business system program is as follows: 


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‘‘(A) In the case of an Army program, the Chief Management Officer of the Army. 

‘‘(B) In the case of a Navy program, the Chief Management 

Officer of the Navy. 

‘‘(C) In the case of an Air Force program, the Chief Management Officer of the Air Force. 

‘‘(D) In the case of a program of a Defense Agency, the 

Director, or equivalent, of such Defense Agency, unless otherwise approved by the Deputy Chief Management Officer of 

the Department of Defense. 

‘‘(E) In the case of a program that will support the business 

processes of more than one military department or Defense 

Agency, an appropriate pre-certification authority designated 

by the Deputy Chief Management Officer of the Department 

of Defense. 

‘‘(2) For purposes of subsection (g), the appropriate senior official of the Department of Defense for the functions and activities 

supported by a covered defense business system is as follows: 

‘‘(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics, in the case of any defense business system 

the primary purpose of which is to support acquisition, logistics, 

installations, environment, or safety and occupational health 

activities of the Department of Defense. 

‘‘(B) The Under Secretary of Defense (Comptroller), in the 

case of any defense business system the primary purpose of 

which is to support financial management activities or strategic 

planning and budgeting activities of the Department of Defense. 

‘‘(C) The Under Secretary of Defense for Personnel and 

Readiness, in the case of any defense business system the 

primary purpose of which is to support human resource 

management activities of the Department of Defense. 

‘‘(D) The Chief Information Officer of the Department of 

Defense, in the case of any defense business system the primary 

purpose of which is to support information technology infrastructure or information assurance activities of the Department 

of Defense. 

‘‘(E) The Deputy Chief Management Officer of the Department of Defense, in the case of any defense business system 

the primary purpose of which is to support any activity of 

the Department of Defense not covered by subparagraphs (A) 

through (D). 

‘‘(g) DEFENSE BUSINESS SYSTEM INVESTMENT REVIEW.—(1) The 

Secretary of Defense shall require the Deputy Chief Management 

Officer of the Department of Defense, not later than March 15, 

2012, to establish an investment review board and investment 

management process, consistent with section 11312 of title 40, 

to review and certify the planning, design, acquisition, development, 

deployment, operation, maintenance, modernization, and project 

cost benefits and risks of covered defense business systems programs. The investment review board and investment management 

process so established shall specifically address the requirements 

of subsection (a). 

‘‘(2) The review of defense business systems programs under 

the investment management process shall include the following: 

‘‘(A) Review and approval by an investment review board 

of each covered defense business system program before the 

Deadline. 

Establishment. 

Certification. 


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obligation of funds on the system in accordance with the 

requirements of subsection (a). 

‘‘(B) Periodic review, but not less than annually, of all 

covered defense business system programs, grouped in portfolios 

of defense business systems. 

‘‘(C) Representation on each investment review board by 

appropriate officials from among the Office of the Secretary 

of Defense, the armed forces, the combatant commands, the 

Joint Chiefs of Staff, and the Defense Agencies, including representation from each of the following: 

‘‘(i) The appropriate pre-certification authority for the 

defense business system under review. 

‘‘(ii) The appropriate senior official of the Department 

of Defense for the functions and activities supported by 

the defense business system under review. 

‘‘(iii) The Chief Information Officer of the Department 

of Defense. 

‘‘(D) Use of threshold criteria to ensure an appropriate 

level of review within the Department of Defense of, and 

accountability for, defense business system programs depending 

on scope, complexity, and cost. 

‘‘(E) Use of procedures for making certifications in accordance with the requirements of subsection (a). 

‘‘(F) Use of procedures for ensuring consistency with the 

guidance issued by the Secretary of Defense and the Defense 

Business Systems Management Committee, as required by section 186(c) of this title, and incorporation of common decision 

criteria, including standards, requirements, and priorities that 

result in the integration of defense business systems. 

‘‘(h) BUDGET INFORMATION.—In the materials that the Secretary 

submits to Congress in support of the budget submitted to Congress 

under section 1105 of title 31 for fiscal year 2006 and fiscal years 

thereafter, the Secretary of Defense shall include the following 

information: 

‘‘(1) Identification of each defense business system program 

for which funding is proposed in that budget. 

‘‘(2) Identification of all funds, by appropriation, proposed 

in that budget for each such program, including— 

‘‘(A) funds for current services (to operate and maintain 

the system covered by such program); and 

‘‘(B) funds for business systems modernization, identified for each specific appropriation. 

‘‘(3) For each such program, identification of the appropriate pre-certification authority and senior official of the 

Department of Defense designated under subsection (f). 

‘‘(4) For each such program, a description of each approval 

made under subsection (a)(3) with regard to such program. 

‘‘(i) CONGRESSIONAL REPORTS.—Not later than March 15 of 

each year from 2012 through 2016, the Secretary of Defense shall 

submit to the congressional defense committees a report on Department of Defense compliance with the requirements of this section. 

Each report shall— 

‘‘(1) describe actions taken and planned for meeting the 

requirements of subsection (a), including— 

‘‘(A) specific milestones and actual performance against 

specified performance measures, and any revision of such 

milestones and performance measures; and 


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125 STAT. 1532 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(B) specific actions on the defense business system 

programs submitted for certification under such subsection; 

‘‘(2) identify the number of defense business system programs so certified; 

‘‘(3) identify any covered defense business system program 

during the preceding fiscal year that was not approved under 

subsection (a), and the reasons for the lack of approval; 

‘‘(4) discuss specific improvements in business operations 

and cost savings resulting from successful defense business 

systems programs; and 

‘‘(5) include a copy of the most recent report of the Chief 

Management Officer of each military department on 

implementation of business transformation initiatives by such 

department in accordance with section 908 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4569; 10 U.S.C. 2222 

note). 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) The term ‘defense business system’ means an information system, other than a national security system, operated 

by, for, or on behalf of the Department of Defense, including 

financial systems, mixed systems, financial data feeder systems, 

and information technology and information assurance infrastructure, used to support business activities, such as acquisition, financial management, logistics, strategic planning and 

budgeting, installations and environment, and human resource 

management. 

‘‘(2) The term ‘covered defense business system program’ 

means any defense business system program that is expected 

to have a total cost in excess of $1,000,000 over the period 

of the current future-years defense program submitted to Congress under section 221 of this title. 

‘‘(3) The term ‘enterprise architecture’ has the meaning 

given that term in section 3601(4) of title 44. 

‘‘(4) The terms ‘information system’ and ‘information technology’ have the meanings given those terms in section 11101 

of title 40. 

‘‘(5) The term ‘national security system’ has the meaning 

given that term in section 3542(b)(2) of title 44.’’. 

SEC. 902. QUALIFICATIONS FOR APPOINTMENTS TO THE POSITION 

OF DEPUTY SECRETARY OF DEFENSE. 

Section 132(a) of title 10, United States Code, is amended 

by inserting after the first sentence the following new sentence: 

‘‘The Deputy Secretary shall be appointed from among persons 

most highly qualified for the position by reason of background 

and experience, including persons with appropriate management 

experience.’’. 

SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR AIRSHIP PROGRAMS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall— 

(1) designate a senior official of the Department of Defense 

as the official with principal responsibility for the airship programs of the Department; and 

Deadline. 

10 USC 113 note. 


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(2) set forth the responsibilities of that senior official with 

respect to such programs. 

SEC. 904. MEMORANDA OF AGREEMENT ON IDENTIFICATION AND 

DEDICATION OF ENABLING CAPABILITIES OF GENERAL 

PURPOSE FORCES TO FULFILL CERTAIN REQUIREMENTS 

OF SPECIAL OPERATIONS FORCES. 

(a) REQUIREMENT.—By not later than 180 days after the date 

of the enactment of this Act and annually thereafter, each Secretary 

of a military department shall enter into a memorandum of agreement with the Commander of the United States Special Operations 

Command that identifies or establishes processes and associated 

milestones by which numbers and types of enabling capabilities 

of the general purpose forces of the Armed Forces under the jurisdiction of such Secretary can be identified and dedicated to fulfill 

the training and operational requirements of special operations 

forces under the United States Special Operations Command. 

(b) FORMAT.—Such agreements may be accomplished in an 

annex to existing memoranda of agreement or through separate 

memoranda of agreement. 

SEC. 905. ASSESSMENT OF DEPARTMENT OF DEFENSE ACCESS TO NONUNITED STATES CITIZENS WITH SCIENTIFIC AND TECHNICAL EXPERTISE VITAL TO THE NATIONAL SECURITY 

INTERESTS. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 

conduct an assessment of current and potential mechanisms to 

permit the Department of Defense to employ non-United States 

citizens with critical scientific and technical skills that are vital 

to the national security interests of the United States. 

(b) ELEMENTS.—The assessment required by subsection (a) shall 

include the following: 

(1) An identification of the critical scientific and technical 

skills that are vital to the national security interests of the 

United States and are anticipated to be in short supply over 

the next 10 years, and an identification of the military positions 

and civilian positions of the Department of Defense that require 

such skills. 

(2) An identification of mechanisms and incentives for 

attracting persons who are non-United States citizens with 

such skills to such positions, including the expedited extension 

of United States citizenship. 

(3) An identification and assessment of any concerns associated with the provision of security clearances to such persons. 

(4) An identification and assessment of any concerns associated with the employment of such persons in civilian positions 

in the United States defense industrial base, including in positions in which United States citizenship, a security clearance, 

or both are a condition of employment. 

(c) REPORTS.— 

(1) STATUS REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees a report describing 

the current status of the assessment required by subsection 

(a). 

(2) FINAL REPORT.—Not later than one year after the date 

of the enactment of this Act, the Secretary shall submit to 

Deadline. 

10 USC 167 note. 


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the congressional defense committees a report on the assessment. The report shall set forth the following: 

(A) The results of the assessment. 

(B) Such recommendations for legislative or administrative action as the Secretary considers appropriate in 

light of the results of the assessment. 

SEC. 906. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION IN DEPARTMENT OF DEFENSE ACTIVITIES. 

It is the sense of Congress to encourage the Department of 

Defense to continue the use and enhancement of modeling and 

simulation (M&S) across the spectrum of defense activities, 

including acquisition, analysis, experimentation, intelligence, planning, medical, test and evaluation, and training. 

SEC. 907. SENSE OF CONGRESS ON TIES BETWEEN JOINT 

WARFIGHTING AND COALITION CENTER AND ALLIED COMMAND TRANSFORMATION OF NATO. 

It is the sense of Congress that the successor organization 

to the United States Joint Forces Command (USJFCOM), the Joint 

Warfighting and Coalition Center, should establish close ties with 

the Allied Command Transformation (ACT) command of the North 

Atlantic Treaty Organization (NATO). 

SEC. 908. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF PERSONNEL AT THE JOINT WARFARE ANALYSIS CENTER ON 

PERSONNEL SKILLS. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report setting forth a description and assessment of the effects of planned reductions of personnel at the Joint 

Warfare Analysis Center (JWAC) on the personnel skills to be 

available at the Center after the reductions. The report shall be 

in unclassified form, but may contain a classified annex. 

Subtitle B—Space Activities 

SEC. 911. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE 

GLOBAL POSITIONING SYSTEM. 

(a) FEDERAL COMMUNICATIONS COMMISSION CONDITIONS ON

COMMERCIAL TERRESTRIAL OPERATIONS.— 

(1) CONTINUATION OF CONDITIONS UNTIL INTERFERENCE

ADDRESSED.—The Federal Communications Commission shall 

not lift the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted on January 

26, 2011 (DA 11–133), or otherwise permit such operations, 

until the Commission has resolved concerns of widespread 

harmful interference by such commercial terrestrial operations 

to covered GPS devices. 

(2) NOTICE AND COMMENT ON WORKING GROUP REPORT.— Prior to permitting such commercial terrestrial operations, the 

Federal Communications Commission shall make available the 

final working group report mandated by such Order and 

Authorization and provide all interested parties an opportunity 

to comment on such report. 

(3) NOTICE TO CONGRESS.— 


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(A) IN GENERAL.—At the conclusion of the proceeding 

on such commercial terrestrial operations, the Federal 

Communications Commission shall submit to the congressional committees described in subparagraph (B) official 

copies of the documents containing the final decision of 

the Commission regarding whether to permit such commercial terrestrial operations. If the decision is to permit such 

commercial terrestrial operations, such documents shall 

contain or be accompanied by an explanation of how the 

concerns described in paragraph (1) have been resolved. 

(B) CONGRESSIONAL COMMITTEES DESCRIBED.—The 

congressional committees described in this paragraph are 

the following: 

(i) The Committee on Energy and Commerce and 

the Committee on Armed Services of the House of 

Representatives. 

(ii) The Committee on Commerce, Science, and 

Transportation and the Committee on Armed Services 

of the Senate. 

(b) SECRETARY OF DEFENSE REVIEW OF HARMFUL INTERFERENCE.— 

(1) REVIEW.—Not later than 90 days after the date of 

the enactment of this Act, and every 90 days thereafter until 

the date referred to in paragraph (3), the Secretary of Defense 

shall conduct a review to— 

(A) assess the ability of covered GPS devices to receive 

signals from Global Positioning System satellites without 

widespread harmful interference; and 

(B) determine if commercial communications services 

are causing or will cause widespread harmful interference 

with covered GPS devices. 

(2) NOTICE TO CONGRESS.— 

(A) NOTICE.—If the Secretary of Defense determines 

during a review under paragraph (1) that commercial 

communications services are causing or will cause widespread harmful interference with covered GPS devices, the 

Secretary shall promptly submit to the congressional 

defense committees notice of such interference. 

(B) CONTENTS.—The notice required under subparagraph (A) shall include— 

(i) a list and description of the covered GPS devices 

that are being or expected to be interfered with by 

commercial communications services; 

(ii) a description of the source of, and the entity 

causing or expect to cause, the interference with such 

receivers; 

(iii) a description of the manner in which such 

source or such entity is causing or expected to cause 

such interference; 

(iv) a description of the magnitude of harm caused 

or expected to be caused by such interference; 

(v) a description of the duration of and the conditions and circumstances under which such interference 

is occurring or expected to occur; 

(vi) a description of the impact of such interference 

on the national security interests of the United States; 

and 

Deadlines. 

Submission. 


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(vii) a description of the plans of the Secretary 

to address, alleviate, or mitigate such interference, 

including the cost of such plans. 

(C) FORM.—The notice required under subparagraph 

(A) shall be submitted in unclassified form, but may include 

a classified annex. 

(3) TERMINATION DATE.—The date referred to in this paragraph is the earlier of— 

(A) the date that is two years after the date of the 

enactment of this Act; or 

(B) the date on which the Secretary— 

(i) determines that commercial communications 

services are not causing any widespread harmful interference with covered GPS devices; and 

(ii) the Secretary submits to the congressional 

defense committees notice of the determination made 

under clause (i). 

(c) COVERED GPS DEVICE DEFINED.—In this section, the term 

‘‘covered GPS device’’ means a Global Position System device of 

the Department of Defense. 

SEC. 912. AUTHORITY TO DESIGNATE INCREMENTS OR BLOCKS OF 

SATELLITES AS MAJOR SUBPROGRAMS SUBJECT TO 

ACQUISITION REPORTING REQUIREMENTS. 

Section 2430a(a)(1) of title 10, United States Code, is 

amended— 

(1) by inserting ‘‘(A)’’ before ‘‘If the Secretary of Defense 

determines’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) If the Secretary of Defense determines that a major defense 

acquisition program to purchase satellites requires the delivery 

of satellites in two or more increments or blocks, the Secretary 

may designate each such increment or block as a major subprogram 

for the purposes of acquisition reporting under this chapter.’’. 

Subtitle C—Intelligence-Related Matters 

SEC. 921. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS BY 

THE COMPTROLLER GENERAL ON INTELLIGENCE 

INFORMATION SHARING. 

(a) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the appropriate congressional committees and the Comptroller General a report on actions taken by the Secretary in response to 

the recommendations of the Comptroller General in the report 

issued on January 22, 2010, titled ‘‘Intelligence, Surveillance, and 

Reconnaissance: Establishing Guidance, Timelines, and Accountability for Integrating Intelligence Data Would Improve Information 

Sharing’’ (GAO–10–265NI), regarding the need to develop guidance, 

such as a concept of operations, to provide overarching direction 

and priorities for sharing intelligence information across the defense 

elements of the intelligence community. 

(b) REVIEW OF REPORT.—The Comptroller General shall submit 

to the appropriate congressional committees a review of the report 

submitted under subsection (a), including a determination by the 

Determination. 


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Comptroller General as to whether the actions taken by the Secretary of Defense in response to the recommendations referred 

to in such subsection are consistent with and adequately address 

such recommendations. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional defense committees; 

(2) the Permanent Select Committee on Intelligence of the 

House of Representatives; and 

(3) the Select Committee on Intelligence of the Senate. 

SEC. 922. INSIDER THREAT DETECTION. 

(a) PROGRAM REQUIRED.—The Secretary of Defense shall establish a program for information sharing protection and insider threat 

mitigation for the information systems of the Department of Defense 

to detect unauthorized access to, use of, or transmission of classified 

or controlled unclassified information. 

(b) ELEMENTS.—The program established under subsection (a) 

shall include the following: 

(1) Technology solutions for deployment within the Department of Defense that allow for centralized monitoring and 

detection of unauthorized activities, including— 

(A) monitoring the use of external ports and read and 

write capability controls; 

(B) disabling the removable media ports of computers 

physically or electronically; 

(C) electronic auditing and reporting of unusual and 

unauthorized user activities; 

(D) using data-loss prevention and data-rights management technology to prevent the unauthorized export of 

information from a network or to render such information 

unusable in the event of the unauthorized export of such 

information; 

(E) a roles-based access certification system; 

(F) cross-domain guards for transfers of information 

between different networks; and 

(G) patch management for software and security 

updates. 

(2) Policies and procedures to support such program, 

including special consideration for policies and procedures 

related to international and interagency partners and activities 

in support of ongoing operations in areas of hostilities. 

(3) A governance structure and process that integrates 

information security and sharing technologies with the policies 

and procedures referred to in paragraph (2). Such structure 

and process shall include— 

(A) coordination with the existing security clearance 

and suitability review process; 

(B) coordination of existing anomaly detection techniques, including those used in counterintelligence investigation or personnel screening activities; and 

(C) updating and expediting of the classification review 

and marking process. 

(4) A continuing analysis of— 

(A) gaps in security measures under the program; and 

10 USC 2224 

note. 


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(B) technology, policies, and processes needed to 

increase the capability of the program beyond the initially 

established full operating capability to address such gaps. 

(5) A baseline analysis framework that includes measures 

of performance and effectiveness. 

(6) A plan for how to ensure related security measures 

are put in place for other departments or agencies with access 

to Department of Defense networks. 

(7) A plan for enforcement to ensure that the program 

is being applied and implemented on a uniform and consistent 

basis. 

(c) OPERATING CAPABILITY.—The Secretary shall ensure the 

program established under subsection (a)— 

(1) achieves initial operating capability not later than 

October 1, 2012; and 

(2) achieves full operating capability not later than October 

1, 2013. 

(d) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report that includes— 

(1) the implementation plan for the program established 

under subsection (a); 

(2) the resources required to implement the program; 

(3) specific efforts to ensure that implementation does not 

negatively impact activities in support of ongoing operations 

in areas of hostilities; 

(4) a definition of the capabilities that will be achieved 

at initial operating capability and full operating capability, 

respectively; and 

(5) a description of any other issues related to such 

implementation that the Secretary considers appropriate. 

(e)BRIEFING REQUIREMENT.—The Secretary shall provide 

briefings to the Committees on Armed Services of the House of 

Representatives and the Senate as follows: 

(1) Not later than 90 days after the date of the enactment 

of this Act, a briefing describing the governance structure 

referred to in subsection (b)(3). 

(2) Not later than 120 days after the date of the enactment 

of this Act, a briefing detailing the inventory and status of 

technology solutions deployment referred to in subsection (b)(1), 

including an identification of the total number of host platforms 

planned for such deployment, the current number of host platforms that provide appropriate security, and the funding and 

timeline for remaining deployment. 

(3) Not later than 180 days after the date of the enactment 

of this Act, a briefing detailing the policies and procedures 

referred to in subsection (b)(2), including an assessment of 

the effectiveness of such policies and procedures and an assessment of the potential impact of such policies and procedures 

on information sharing within the Department of Defense and 

with interagency and international partners. 

(f) BUDGET SUBMISSION.—On the date on which the President 

submits to Congress the budget under section 1105 of title 31, 

United States Code, for each of fiscal years 2014 through 2019, 

the Secretary of Defense shall submit to the congressional defense 

committees an identification of the resources requested in such 

budget to carry out the program established under subsection (a). 

Deadlines. 

Deadline. 

Plans. 

Plans. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1539 

SEC. 923. EXPANSION OF AUTHORITY FOR EXCHANGES OF MAPPING, 

CHARTING, AND GEODETIC DATA TO INCLUDE NONGOVERNMENTAL ORGANIZATIONS AND ACADEMIC 

INSTITUTIONS. 

(a) BROADENING OF AUTHORITY.—Section 454 of title 10, United 

States Code, is amended— 

(1) by inserting ‘‘(a) FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS.—’’ before ‘‘The Secretary of Defense’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(b) NONGOVERNMENTAL ORGANIZATIONS AND ACADEMIC

INSTITUTIONS.—The Secretary may authorize the National 

Geospatial-Intelligence Agency to exchange or furnish mapping, 

charting, and geodetic data, supplies, and services relating to areas 

outside of the United States to a nongovernmental organization 

or an academic institution engaged in geospatial information 

research or production of such areas pursuant to an agreement 

for the production or exchange of such data.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 454. Exchange of mapping, charting, and geodetic data 

with foreign countries, international organizations, 

nongovernmental organizations, and academic 

institutions’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter II of chapter 22 of such title is amended 

by striking the item relating to section 454 and inserting the 

following new item: 

‘‘454. Exchange of mapping, charting, and geodetic data with foreign countries, 

international organizations, nongovernmental organizations, and academic institutions.’’. 

SEC. 924. OZONE WIDGET FRAMEWORK. 

(a) MECHANISM FOR INTERNET PUBLICATION OF INFORMATION

FOR DEVELOPMENT OF ANALYSIS TOOLS AND APPLICATIONS.—The 

Chief Information Officer of the Department of Defense, acting 

through the Director of the Defense Information Systems Agency, 

shall implement a mechanism to publish and maintain on the 

public Internet the application programming interface specifications, a developer’s toolkit, source code, and such other information 

on, and resources for, the Ozone Widget Framework (OWF) as 

the Chief Information Officer considers necessary to permit individuals and companies to develop, integrate, and test analysis tools 

and applications for use by the Department of Defense and the 

elements of the intelligence community. 

(b) PROCESS FOR VOLUNTARY CONTRIBUTION OF IMPROVEMENTS

BY PRIVATE SECTOR.—In addition to the requirement under subsection (a), the Chief Information Officer shall also establish a 

process by which private individuals and companies may voluntarily 

contribute the following: 

(1) Improvements to the source code and documentation 

for the Ozone Widget Framework. 

(2) Alternative or compatible implementations of the published application programming interface specifications for the 

Framework. 

10 USC 2223 

note. 


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(c) ENCOURAGEMENT OF USE AND DEVELOPMENT.—The Chief 

Information Officer shall, whenever practicable, encourage and 

foster the use, support, development, and enhancement of the Ozone 

Widget Framework by the computer industry and commercial 

information technology vendors, including the development of tools 

that are compatible with the Framework. 

SEC. 925. PLAN FOR INCORPORATION OF ENTERPRISE QUERY AND 

CORRELATION CAPABILITY INTO THE DEFENSE INTELLIGENCE INFORMATION ENTERPRISE. 

(a) PLAN REQUIRED.— (1) IN GENERAL.—The Under Secretary of Defense for Intelligence shall develop a plan for the incorporation of an enterprise query and correlation capability into the Defense Intelligence Information Enterprise (DI2E). 

(2) ELEMENTS.—The plan required by paragraph (1) shall— 

(A) include an assessment of all the current and 

planned advanced query and correlation systems which 

operate on large centralized databases that are deployed 

or to be deployed in elements of the Defense Intelligence 

Information Enterprise; and 

(B) determine where duplication can be eliminated, 

how use of these systems can be expanded, whether these 

systems can be operated collaboratively, and whether they 

can and should be integrated with the enterprise-wide 

query and correlation capability required pursuant to paragraph (1). 

(b) PILOT PROGRAM.— 

(1) IN GENERAL.—The Under Secretary shall conduct a 

pilot program to demonstrate an enterprisewide query and 

correlation capability through the Defense Intelligence Information Enterprise program. 

(2) PURPOSE.—The purpose of the pilot program shall be 

to demonstrate the capability of an enterprisewide query and 

correlation system to achieve the following: 

(A) To conduct complex, simultaneous queries by a 

large number of users and analysts across numerous, large 

distributed data stores with response times measured in 

seconds. 

(B) To be scaled up to operate effectively on all the 

data holdings of the Defense Intelligence Information 

Enterprise. 

(C) To operate across multiple levels of security with 

data guards. 

(D) To operate effectively on both unstructured data 

and structured data. 

(E) To extract entities, resolve them, and (as appropriate) mask them to protect sources and methods, privacy, 

or both. 

(F) To control access to data by means of on-line electronic user credentials, profiles, and authentication. 

(3) TERMINATION.—The pilot program conducted under this 

subsection shall terminate on September 30, 2014. 

(c) REPORT.—Not later than November 1, 2012, the Under 

Secretary shall submit to the appropriate committees of Congress 

a report on the actions undertaken by the Under Secretary to 

carry out this section. The report shall set forth the plan developed 

10 USC 137 note. 


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under subsection (a) and a description and assessment of the pilot 

program conducted under subsection (b). 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Select Committee on Intelligence of 

the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 

SEC. 926. FACILITIES FOR INTELLIGENCE COLLECTION OR SPECIAL 

OPERATIONS ACTIVITIES ABROAD. 

(a) IN GENERAL.—Section 2682 of title 10, United States Code, 

is amended— 

(1) by striking ‘‘The maintenance and repair’’ and inserting 

‘‘(a) MAINTENANCE AND REPAIR.—Subject to subsection (c), the 

maintenance and repair’’; 

(2) by designating the second sentence as subsection (b), 

realigning such subsection so as to be indented two ems from 

the left margin, and inserting ‘‘JURISDICTION.—’’ before ‘‘A real 

property facility’’; 

(3) in subsection (b), as designated by paragraph (2) of 

this subsection, by striking ‘‘A real property’’ and inserting 

‘‘Subject to subsection (c), a real property’’; and 

(4) by adding at the end the following new subsection: 

‘‘(c) FACILITIES FOR INTELLIGENCE COLLECTION OR FOR SPECIAL

OPERATIONS ABROAD.—The Secretary of Defense may waive the 

requirements of subsections (a) and (b) if necessary to provide 

security for authorized intelligence collection or special operations 

activities abroad undertaken by the Department of Defense.’’. 

(b) SUNSET.—Effective on September 30, 2015, or the date 

of the enactment of an Act authorizing funds for military construction for fiscal year 2016, whichever is later— 

(1) subsection (a) of section 2682 of title 10, United States 

Code, as designated and amended by subsection (a)(1) of this 

section, is amended by striking ‘‘Subject to subsection (c), the 

maintenance and repair’’ and inserting ‘‘The maintenance and 

repair’’; 

(2) subsection (b) of section 2682 of title 10, United States 

Code, as designated by subsection (a)(2) and amended by subsection (a)(3) of this section, is amended by striking ‘‘Subject 

to subsection (c), a real property’’ and inserting ‘‘A real property’’; and 

(3) subsection (c) of section 2682 of title 10, United States 

Code, as added by subsection (a)(4) of this section, is repealed. 

Subtitle D—Total Force Management 

SEC. 931. GENERAL POLICY FOR TOTAL FORCE MANAGEMENT. 

(a) REVISION OF GENERAL PERSONNEL POLICY SECTION.—Section 129a of title 10, United States Code, is amended to read 

as follows: 

Effective date. 

Waiver authority. 


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125 STAT. 1542 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘§ 129a. General policy for total force management 

‘‘(a) POLICIES AND PROCEDURES.—The Secretary of Defense shall 

establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor 

personnel to perform the mission of the Department of Defense. 

‘‘(b) RISK MITIGATION OVER COST.— In establishing the policies 

and procedures under subsection (a), the Secretary shall clearly 

provide that attainment of a Department of Defense workforce 

sufficiently sized and comprised of the appropriate mix of personnel 

necessary to carry out the mission of the Department and the 

core mission areas of the armed forces (as identified pursuant 

to section 118b of this title) takes precedence over cost. 

‘‘(c) DELEGATION OF RESPONSIBILITIES.—The Secretary shall 

delegate responsibility for implementation of the policies and procedures established under subsection (a) as follows: 

‘‘(1) The Under Secretary of Defense for Personnel and 

Readiness shall have overall responsibility for guidance to 

implement such policies and procedures. 

‘‘(2) The Secretaries of the military departments and the 

heads of the Defense Agencies shall have overall responsibility 

for the requirements determination, planning, programming, 

and budgeting for such policies and procedures. 

‘‘(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics shall be responsible for ensuring that 

the defense acquisition system, as defined in section 2545 of 

this title, is consistent with such policies and procedures and 

with implementation pursuant to paragraph (1). 

‘‘(4) The Under Secretary of Defense (Comptroller) shall 

be responsible for ensuring that the budget for the Department 

of Defense is consistent with such policies and procedures. 

The Under Secretary shall notify the congressional defense 

committees of any deviations from such policies and procedures 

that are recommended in the budget. 

‘‘(d) USE OF PLAN, INVENTORY, AND LIST.—The policies and 

procedures established by the Secretary under subsection (a) shall 

specifically require the Department of Defense to use the following 

when making determinations regarding the appropriate workforce 

mix necessary to perform its mission: 

‘‘(1) The civilian strategic workforce plan (required by section 115b of this title). 

‘‘(2) The civilian positions master plan (required by section 

1597(c) of this title). 

‘‘(3) The inventory of contracts for services required by 

section 2330a(c) of this title. 

‘‘(4) The list of activities required by the Federal Activities 

Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 

501 note). 

‘‘(e) CONSIDERATIONS IN CONVERTING PERFORMANCE OF FUNCTIONS.— If conversion of functions to performance by either Department of Defense civilian personnel or contractor personnel is considered, the Under Secretary of Defense for Personnel and Readiness 

shall ensure compliance with— 

‘‘(1) section 2463 of this title (relating to guidelines and 

procedures for use of civilian employees to perform Department 

of Defense functions); and 

Compliance. 

Notification. 


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‘‘(2) section 2461 of this title (relating to public-private 

competition required before conversion to contractor performance). 

‘‘(f) CONSTRUCTION WITH OTHER REQUIREMENTS.—Nothing in 

this title may be construed as authorizing— 

‘‘(1) a military department or Defense Agency to directly 

convert a function to contractor performance without complying 

with section 2461 of this title; 

‘‘(2) the use of contractor personnel for functions that are 

inherently governmental even if there is a military or civilian 

personnel shortfall in the Department of Defense; 

‘‘(3) restrictions on the use by a military department or 

Defense Agency of contractor personnel to perform functions 

closely associated with inherently governmental functions, provided that— 

‘‘(A) there are adequate resources to maintain sufficient 

capabilities within the Department in the functional area 

being considered for performance by contractor personnel; 

and 

‘‘(B) there is adequate Government oversight of contractor personnel performing such functions; 

‘‘(4) the establishment of numerical goals or budgetary 

savings targets for the conversion of functions to performance 

by either Department of Defense civilian personnel or for 

conversion to performance by contractor personnel; or 

‘‘(5) the imposition of a civilian hiring freeze that may 

inhibit the implementation of the policies and procedures established under subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The item relating to section 129a 

in the table of sections at the beginning of chapter 3 of such 

title is amended to read as follows: 

‘‘129a. General policy for total force management.’’. 

SEC. 932. REVISIONS TO DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL MANAGEMENT CONSTRAINTS. 

Section 129 of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) by inserting after ‘‘(1)’’ the following: ‘‘the total 

force management policies and procedures established 

under section 129a of this title, (2)’’; and 

(B) by striking ‘‘department and (2)’’ and inserting 

‘‘department, and (3)’’; 

(2) in subsection (d), by striking ‘‘within that budget activity 

for which funds are provided for that fiscal year.’’ and inserting 

‘‘within that budget activity as determined under the total 

force management policies and procedures established under 

section 129a of this title.’’; and 

(3) in subsection (e), by striking the sentence beginning 

with ‘‘With respect to’’. 

SEC. 933. ADDITIONAL AMENDMENTS RELATING TO TOTAL FORCE 

MANAGEMENT. 

(a) AMENDMENTS TO SECRETARY OF DEFENSE REPORT.—Section 

113(l) of title 10, United States Code, is amended to read as follows: 

‘‘(l)(1) The Secretary shall include in the annual report to 

Congress under subsection (c) the following: 


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‘‘(A) A comparison of the amounts provided in the defense 

budget for support and for mission activities for each of the 

preceding five fiscal years. 

‘‘(B) A comparison of the following for each of the preceding 

five fiscal years: 

‘‘(i) The number of military personnel, shown by major 

occupational category, assigned to support positions or to 

mission positions. 

‘‘(ii) The number of civilian personnel, shown by major 

occupational category, assigned to support positions or to 

mission positions. 

‘‘(iii) The number of contractor personnel performing 

support functions. 

‘‘(C) An accounting for each of the preceding five fiscal 

years of the following: 

‘‘(i) The number of military and civilian personnel, 

shown by armed force and by major occupational category, 

assigned to support positions. 

‘‘(ii) The number of contractor personnel performing 

support functions. 

‘‘(D) An identification, for each of the three workforce sectors (military, civilian, and contractor) of the percentage of 

the total number of personnel in that workforce sector that 

is providing support to headquarters and headquarters support 

activities for each of the preceding five fiscal years. 

‘‘(2) Contractor personnel shall be determined for purposes of 

paragraph (1) by using contractor full-time equivalents, based on 

the inventory required under section 2330a of this title.’’. 

(b) AMENDMENTS RELATING TO CERTAIN GUIDELINES.—Section 

1597(b) of title 10, United States Code, is amended by inserting 

after the first sentence the following: ‘‘In establishing the guidelines, 

the Secretary shall ensure that nothing in the guidelines conflicts 

with the requirements of section 129 of this title or the policies 

and procedures established under section 129a of this title.’’. 

(c) AMENDMENT TO REQUIREMENTS FOR ACQUISITION OF SERV- ICES.—Section 863 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4293; 

10 U.S.C. 2330 note) is amended by adding at the end of subsection 

(d) the following new paragraph: 

‘‘(9) Considerations relating to total force management policies and procedures established under section 129a of this 

title.’’. 

SEC. 934. MODIFICATIONS OF ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT. 

Section 115a(a) of title 10, United States Code, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (1); and 

(2) by striking paragraph (2) and inserting the following 

new paragraphs (2) and (3): 

‘‘(2) the annual civilian personnel requirements level for 

each component of the Department of Defense for the next 

fiscal year and the civilian end-strength level for the prior 

fiscal year; and 

‘‘(3) the projected number of contractor personnel full-time 

equivalents required to provide contract services (as that term 

is defined in section 235 of this title) for each component 

of the Department of Defense for the next fiscal year and 


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the contractor personnel full-time equivalents that provided 

contract services for each component of the Department of 

Defense for the prior fiscal year as reported in the inventory 

of contracts for services required by section 2330a(c) of this 

title.’’. 

SEC. 935. REVISIONS TO STRATEGIC WORKFORCE PLAN. 

(a) REVISION IN REPORTING PERIOD.— (1) IN GENERAL.—Section 115b of title 10, United States 

Code, is amended— 

(A) in the section heading, by striking ‘‘Annual strategic’’ and inserting ‘‘Biennial strategic’’; 

(B) in the heading of subsection (a), by striking 

‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; and 

(C) in subsection (a)(1), by striking ‘‘on an annual 

basis’’ and inserting ‘‘in every even-numbered year’’. 

(2) CLERICAL AMENDMENT.—The table of sections for 

chapter 2 of such title is amended by striking the item relating 

to section 115b and inserting the following: 

‘‘115b. Biennial strategic workforce plan.’’. 

(b) REVISION IN ASSESSMENT CONTENTS AND PERIOD.—Section 

115b(b)(1) of such title is amended— 

(1) in subparagraph (A), by striking ‘‘seven-year period 

following the year in which the plan is submitted’’ and inserting 

‘‘five-year period corresponding to the current future-years 

defense program under section 221 of this title’’; and 

(2) in subparagraph (B), by inserting before the semicolon 

at the end the following: ‘‘, as determined under the total 

force management policies and procedures established under 

section 129a of this title’’. 

(c) REFERENCE TO SECTION 129a.—Section 115b(c)(2)(D) of such 

title is amended by inserting before the period at the end the 

following: ‘‘and the policies and procedures established under section 

129a of this title’’. 

SEC. 936. AMENDMENTS TO REQUIREMENT FOR INVENTORY OF CONTRACTS FOR SERVICES. 

(a) AMENDMENTS RELATING TO INVENTORY.—Section 2330a(c)(1) 

of title 10, United States Code, is amended— 

(1) by inserting after ‘‘pursuant to contracts for services’’ 

the following: ‘‘(and pursuant to contracts for goods to the 

extent services are a significant component of performance 

as identified in a separate line item of a contract)’’; 

(2) in subparagraph (A)— 

(A) by striking ‘‘and’’ at the end of clause (i); and 

(B) by striking clause (ii) and inserting the following: 

‘‘(ii) the calculation of contractor full-time equivalents 

for direct labor, using direct labor hours in a manner 

that is comparable to the calculation of Department of 

Defense civilian full-time employees; and 

‘‘(iii) the conduct and completion of the annual review 

required under subsection (e)(1).’’; and 

(3) in subparagraph (B), by inserting ‘‘for requirements 

relating to acquisition’’ before the period. 

(b) AMENDMENTS RELATING TO REVIEW AND PLANNING REQUIREMENTS.—Section 2330a(e) of such title is amended— 

(1) by inserting ‘‘and’’ at the end of paragraph (2); 


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(2) by striking ‘‘; and’’ at the end of paragraph (3) and 

inserting a period; and 

(3) by striking paragraph (4). 

(c) DEVELOPMENT OF PLAN AND ENFORCEMENT AND APPROVAL

MECHANISMS.—Section 2330a of such title is further amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) DEVELOPMENT OF PLAN AND ENFORCEMENT AND APPROVAL

MECHANISMS.—The Secretary of the military department or head 

of the Defense Agency responsible for activities in the inventory 

shall develop a plan, including an enforcement mechanism and 

approval process, to— 

‘‘(1) provide for the use of the inventory by the military 

department or Defense Agency to implement the requirements 

of section 129a of this title; 

‘‘(2) ensure the inventory is used to inform strategic 

workforce planning; 

‘‘(3) facilitate use of the inventory for compliance with 

section 235 of this title; and 

‘‘(4) provide for appropriate consideration of the conversion 

of activities identified under subsection (e)(3) within a reasonable period of time.’’. 

SEC. 937. PRELIMINARY PLANNING AND DURATION OF PUBLIC-PRIVATE COMPETITIONS. 

Section 2461(a)(5) of title 10, United States Code, is amended— 

(1) in subparagraph (E)— 

(A) by striking ‘‘, begins’’ and inserting ‘‘shall be conducted in accordance with guidance and procedures that 

shall be issued and maintained by the Under Secretary 

of Defense for Personnel and Readiness and shall begin’’; 

(B) by inserting after ‘‘the date on which’’ the following: 

‘‘a component of’’; 

(C) by inserting ‘‘first’’ before ‘‘obligates’’; 

(D) by inserting ‘‘specifically’’ after ‘‘funds’’; 

(E) by inserting ‘‘for the preliminary planning effort’’ 

after ‘‘support’’; and 

(F) in clause (i), by inserting ‘‘a public-private’’ before 

‘‘competition’’; and 

(2) in subparagraph (F)— 

(A) by inserting ‘‘or Defense Agency’’ after ‘‘military 

department’’; 

(B) by striking ‘‘of such date’’ and inserting ‘‘of the 

actions intended to be taken during the preliminary planning process’’; 

(C) by inserting ‘‘of such actions’’ after ‘‘public notice’’; 

(D) by inserting after ‘‘website’’ the following: ‘‘and 

through other means as determined necessary’’; and 

(E) by striking ‘‘Such date is the first day of preliminary planning for a public-private competition for’’ and 

inserting ‘‘The date of such announcement shall be used 

for’’. 


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SEC. 938. CONVERSION OF CERTAIN FUNCTIONS FROM CONTRACTOR 

PERFORMANCE TO PERFORMANCE BY DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

Section 2463 of title 10, United States Code, is amended— 

(1) in subsection (b)(1)— 

(A) by redesignating subparagraphs (B), (C), and (D) 

as subparagraphs (C), (E), and (F), respectively; 

(B) by striking subparagraph (A) and inserting the 

following new subparagraphs (A) and (B): 

‘‘(A) is a critical function that— 

‘‘(i) is necessary to maintain sufficient Government 

expertise and technical capabilities; or 

‘‘(ii) entails operational risk associated with contractor performance; 

‘‘(B) is an acquisition workforce function;’’; and 

(C) by inserting after subparagraph (C), as redesignated by subparagraph (A), the following new subparagraph (D): 

‘‘(D) has been performed by Department of Defense 

civilian employees at any time during the previous 10- 

year period;’’; 

(2) by redesignating subsection (e) as subsection (g); 

(3) by inserting after subsection (d) the following new subsections (e) and (f): 

‘‘(e) DETERMINATIONS RELATING TO THE CONVERSION OF CERTAIN FUNCTIONS.—(1) Except as provided in paragraph (2), in determining whether a function should be converted to performance 

by Department of Defense civilian employees, the Secretary of 

Defense shall— 

‘‘(A) develop methodology for determining costs based on 

the guidance outlined in the Directive-Type Memorandum 09– 

007 entitled ‘Estimating and Comparing the Full Costs of 

Civilian and Military Manpower and Contractor Support’ or 

any successor guidance for the determination of costs when 

costs are the sole basis for the determination; 

‘‘(B) take into consideration any supplemental guidance 

issued by the Secretary of a military department for determinations affecting functions of that military department; and 

‘‘(C) ensure that the difference in the cost of performing 

the function by a contractor compared to the cost of performing 

the function by Department of Defense civilian employees would 

be equal to or exceed the lesser of— 

‘‘(i) 10 percent of the personnel-related costs for 

performance of that function; or 

‘‘(ii) $10,000,000. 

‘‘(2) Paragraph (1) shall not apply to any function that is 

inherently governmental or any function described in subparagraph 

(A), (B), or (C) of subsection (b)(1). 

‘‘(f) NOTIFICATION RELATING TO THE CONVERSION OF CERTAIN

FUNCTIONS.—The Secretary of Defense shall establish procedures 

for the timely notification of any contractor who performs a function 

that the Secretary plans to convert to performance by Department 

of Defense civilian employees pursuant to subsection (a). The Secretary shall provide a copy of any such notification to the congressional defense committees.’’; and 

(4) in subsection (g), as redesignated by paragraph (2)— 

Records. 

Procedures. 


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(A) by striking ‘‘this section’’ and all that follows and 

inserting ‘‘this section:’’; and 

(B) by adding at the end the following new paragraphs: 

‘‘(1) The term ‘functions closely associated with inherently 

governmental functions’ has the meaning given that term in 

section 2383(b)(3) of this title. 

‘‘(2) The term ‘acquisition function’ has the meaning given 

that term under section 1721(a) of this title. 

‘‘(3) The term ‘inherently governmental function’ has the 

meaning given that term in the Federal Activities Inventory 

Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note).’’. 

Subtitle E—Quadrennial Roles and 

Missions and Related Matters 

SEC. 941. CHAIRMAN OF THE JOINT CHIEFS OF STAFF ASSESSMENT 

OF CONTINGENCY PLANS. 

Section 153(b) of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘assessment of’’ and all 

that follows through the period and inserting: ‘‘assessment of— 

‘‘(A) the nature and magnitude of the strategic and 

military risks associated with executing the missions called 

for under the current National Military Strategy; and 

‘‘(B) the critical deficiencies and strengths in force 

capabilities (including manpower, logistics, intelligence, 

and mobility support) identified during the preparation 

and review of contingency plans of each geographic combatant commander, and the effect of such deficiencies and 

strengths on strategic plans and on meeting national security objectives and policy.’’; and 

(2) in paragraph (2)— 

(A) by inserting after ‘‘National Military Strategy is 

significant,’’ the following, ‘‘or that critical deficiencies in 

force capabilities exist for a contingency plan,’’; and 

(B) by inserting ‘‘or deficiency’’ before the period at 

the end. 

SEC. 942. QUADRENNIAL DEFENSE REVIEW. 

Paragraph (4) of section 118(b) of title 10, United States Code, 

is amended to read as follows: 

‘‘(4) to make recommendations that are not constrained 

to comply with and are fully independent of the budget submitted to Congress by the President pursuant to section 1105 

of title 31.’’. 

Subtitle F—Other Matters 

SEC. 951. ACTIVITIES TO IMPROVE MULTILATERAL, BILATERAL, AND 

REGIONAL COOPERATION REGARDING CYBERSECURITY. 

(a) ESTABLISHMENT OF CYBERSECURITY PROGRAM.— 

(1) IN GENERAL.—Chapter 53 of title 10, United States 

Code, is amended by inserting after section 1051b the following 

new section: 

Definitions. 


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‘‘§ 1051c. Multilateral, bilateral, or regional cooperation programs: assignments to improve education and 

training in information security 

‘‘(a) ASSIGNMENTS AUTHORIZED; PURPOSE.—The Secretary of 

Defense may authorize the temporary assignment of a member 

of the military forces of a foreign country to a Department of 

Defense organization for the purpose of assisting the member to 

obtain education and training to improve the member’s ability to 

understand and respond to information security threats, 

vulnerabilities of information security systems, and the consequences of information security incidents. 

‘‘(b) PAYMENT OF CERTAIN EXPENSES.—To facilitate the assignment of a member of a foreign military force to a Department 

of Defense organization under subsection (a), the Secretary of 

Defense may pay such expenses in connection with the assignment 

as the Secretary considers in the national security interests of 

the United States. 

‘‘(c) PROTECTION OF DEPARTMENT CYBERSECURITY.—In authorizing the temporary assignment of members of foreign military 

forces to Department of Defense organizations under subsection 

(a), the Secretary of Defense shall require the inclusion of adequate 

safeguards to prevent any compromising of Department information 

security. 

‘‘(d) MULTI-YEAR AVAILABILITY OF FUNDS.—Funds available to 

carry out this section shall be available, to the extent provided 

in appropriations Acts, for programs and activities under this section that begin in a fiscal year and end in the following fiscal 

year. 

‘‘(e) INFORMATION SECURITY DEFINED.—In this section, the term 

‘information security’ refers to— 

‘‘(1) the confidentiality, integrity, or availability of an 

information system or the information such system processes, 

stores, or transmits; and 

‘‘(2) the security policies, security procedures, or acceptable 

use policies with respect to an information system.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 1051b the following new item: 

‘‘1051c. Multilateral, bilateral, or regional cooperation programs: assignments to improve education and training in information security.’’. 

(b) REPORT ON EXPANSION OF FELLOWSHIP OPPORTUNITIES.— Not later one year after the date of the enactment of this Act, 

the Secretary of Defense shall submit to Congress a report evaluating the feasibility and benefits of expanding the fellowship program authorized by section 1051c of title 10, United States Code, 

as added by subsection (a), to include ministry of defense officials, 

security officials, or other civilian officials of foreign countries. 

SEC. 952. REPORT ON UNITED STATES SPECIAL OPERATIONS COMMAND STRUCTURE. 

(a) REPORT.—Not later than March 1, 2012, the Secretary of 

Defense shall submit to the congressional defense committees a 

study of the United States Special Operations Command sub-unified 

structure. 

(b) ELEMENTS.—The report required under this section shall 

include, at a minimum, the following: 


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(1) Recommendations to revise as necessary the present 

command structure to better support development and deployment of joint special operations forces and capabilities. 

(2) Any other matters the Secretary considers appropriate. 

(c) FORM.—The report required under this section shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 953. STRATEGY TO ACQUIRE CAPABILITIES TO DETECT PREVIOUSLY UNKNOWN CYBER ATTACKS. 

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

implement a plan to augment the cybersecurity strategy of the 

Department of Defense through the acquisition of advanced capabilities to discover and isolate penetrations and attacks that were 

previously unknown and for which signatures have not been developed for incorporation into computer intrusion detection and prevention systems and anti-virus software systems. 

(b) CAPABILITIES.— 

(1) NATURE OF CAPABILITIES.—The capabilities to be 

acquired under the plan required by subsection (a) shall— 

(A) be adequate to enable well-trained analysts to discover the sophisticated attacks conducted by nation-state 

adversaries that are categorized as ‘‘advanced persistent 

threats’’; 

(B) be appropriate for— 

(i) endpoints or hosts; 

(ii) network-level gateways operated by the 

Defense Information Systems Agency where the 

Department of Defense network connects to the public 

Internet; and 

(iii) global networks owned and operated by private 

sector Tier 1 Internet Service Providers; 

(C) at the endpoints or hosts, add new discovery 

capabilities to the Host-Based Security System of the 

Department, including capabilities such as— 

(i) automatic blocking of unauthorized software 

programs and accepting approved and vetted programs; 

(ii) constant monitoring of all key computer 

attributes, settings, and operations (such as registry 

keys, operations running in memory, security settings, 

memory tables, event logs, and files); and 

(iii) automatic baselining and remediation of 

altered computer settings and files; 

(D) at the network-level gateways and internal network 

peering points, include the sustainment and enhancement 

of a system that is based on full-packet capture, session 

reconstruction, extended storage, and advanced analytic 

tools, by— 

(i) increasing the number and skill level of the 

analysts assigned to query stored data, whether by 

contracting for security services, hiring and training 

Government personnel, or both; and 

(ii) increasing the capacity of the system to handle 

the rates for data flow through the gateways and the 

storage requirements specified by the United States 

Cyber Command; and 

Plans. 

10 USC 2224 

note. 


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(E) include the behavior-based threat detection 

capabilities of Tier 1 Internet Service Providers and other 

companies that operate on the global Internet. 

(2) SOURCE OF CAPABILITIES.—The capabilities to be 

acquired shall, to the maximum extent practicable, be acquired 

from commercial sources. In making decisions on the procurement of such capabilities from among competing commercial 

and Government providers, the Secretary shall take into consideration the needs of other departments and agencies of the 

Federal Government, State and local governments, and critical 

infrastructure owned and operated by the private sector for 

unclassified, affordable, and sustainable commercial solutions. 

(c) INTEGRATION AND MANAGEMENT OF DISCOVERY CAPABILI- TIES.—The plan required by subsection (a) shall include mechanisms 

for improving the standardization, organization, and management 

of the security information and event management systems that 

are widely deployed across the Department of Defense to improve 

the ability of United States Cyber Command to understand and 

control the status and condition of Department networks, including 

mechanisms to ensure that the security information and event 

management systems of the Department receive and correlate data 

collected and analyses conducted at the host or endpoint, at the 

network gateways, and by Internet Service Providers in order to 

discover new attacks reliably and rapidly. 

(d) PROVISION FOR CAPABILITY DEMONSTRATIONS.—The plan 

required by subsection (a) shall provide for the conduct of demonstrations, pilot projects, and other tests on cyber test ranges 

and operational networks in order to determine and verify that 

the capabilities to be acquired pursuant to the plan are effective, 

practical, and affordable. 

(e) REPORT.—Not later than April 1, 2012, the Secretary shall 

submit to the congressional defense committees a report on the 

plan required by subsection (a). The report shall set forth the 

plan and include a comprehensive description of the actions being 

undertaken by the Department to implement the plan. 

SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 

Congress affirms that the Department of Defense has the capability, and upon direction by the President may conduct offensive 

operations in cyberspace to defend our Nation, Allies and interests, 

subject to— 

(1) the policy principles and legal regimes that the Department follows for kinetic capabilities, including the law of armed 

conflict; and 

(2) the War Powers Resolution (50 U.S.C. 1541 et seq.). 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Budgetary effects of this Act. 

Sec. 1003. Additional requirements relating to the development of the Financial 

Improvement and Audit Readiness Plan. 

Sec. 1003A. Display of procurement of equipment for the reserve components of the 

Armed Forces under estimated expenditures for procurement in futureyears defense programs. 

10 USC 111 note. 


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Subtitle B—Counter-Drug Activities 

Sec. 1004. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1005. Three-year extension and modification of authority of Department of Defense to provide additional support for counterdrug activities of other 

governmental agencies. 

Sec. 1006. Two-year extension and expansion of authority to provide additional 

support for counter-drug activities of certain foreign governments. 

Sec. 1007. Extension of authority to support unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1008. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1011. Budgeting for construction of naval vessels. 

Sec. 1012. Sense of Congress on naming of Naval vessel after United States Marine 

Corps Sergeant Rafael Peralta. 

Sec. 1013. Limitation on availability of funds for placing Maritime Prepositioning 

Ship squadrons on reduced operating status. 

Sec. 1014. Report on policies and practices of the Navy for naming the vessels of 

the Navy. 

Sec. 1015. Transfer of certain high-speed ferries to the Navy. 

Sec. 1016. Modification of conditions on status of retired aircraft carrier ex-John F. 

Kennedy. 

Sec. 1017. Assessment of stationing of additional DDG–51 class destroyers at Naval 

Station Mayport, Florida. 

Subtitle D—Counterterrorism 

Sec. 1021. Affirmation of authority of the Armed Forces of the United States to detain covered persons pursuant to the Authorization for Use of Military 

Force. 

Sec. 1022. Military custody for foreign al-Qaeda terrorists. 

Sec. 1023. Procedures for periodic detention review of individuals detained at 

United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1024. Procedures for status determinations. 

Sec. 1025. Requirement for national security protocols governing detainee communications. 

Sec. 1026. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1027. Prohibition on the use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1028. Requirements for certifications relating to the transfer of detainees at 

United States Naval Station, Guantanamo Bay, Cuba, to foreign countries and other foreign entities. 

Sec. 1029. Requirement for consultation regarding prosecution of terrorists. 

Sec. 1030. Clarification of right to plead guilty in trial of capital offense by military 

commission. 

Sec. 1031. Counterterrorism operational briefing requirement. 

Sec. 1032. National security planning guidance to deny safe havens to al-Qaeda 

and its violent extremist affiliates. 

Sec. 1033. Extension of authority to make rewards for combating terrorism. 

Sec. 1034. Amendments relating to the Military Commissions Act of 2009. 

Subtitle E—Nuclear Forces 

Sec. 1041. Biennial assessment and report on the delivery platforms for nuclear 

weapons and the nuclear command and control system. 

Sec. 1042. Plan on implementation of the New START Treaty. 

Sec. 1043. Annual report on the plan for the nuclear weapons stockpile, nuclear 

weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system. 

Sec. 1044. Sense of Congress on nuclear force reductions. 

Sec. 1045. Nuclear force reductions. 

Sec. 1046. Nuclear employment strategy of the United States. 

Sec. 1047. Comptroller General report on nuclear weapon capabilities and force 

structure requirements. 

Sec. 1048. Report on feasibility of joint replacement fuze program. 

Subtitle F—Financial Management 

Sec. 1051. Modification of authorities on certification and credential standards for 

financial management positions in the Department of Defense. 


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Sec. 1052. Reliability of Department of Defense financial statements. 

Sec. 1053. Inclusion of plan on the financial management workforce in the strategic 

workforce plan of the Department of Defense. 

Sec. 1054. Tracking implementation of Department of Defense efficiencies. 

Subtitle G—Repeal and Modification of Reporting Requirements 

Sec. 1061. Repeal of reporting requirements under title 10, United States Code. 

Sec. 1062. Repeal of reporting requirements under annual defense authorization 

acts. 

Sec. 1063. Repeal of reporting requirements under other laws. 

Sec. 1064. Modification of reporting requirements under title 10, United States 

Code. 

Sec. 1065. Modification of reporting requirements under other titles of the United 

States Code. 

Sec. 1066. Modification of reporting requirements under annual defense authorization acts. 

Sec. 1067. Modification of reporting requirements under other laws. 

Subtitle H—Studies and Reports 

Sec. 1068. Transmission of reports in electronic format. 

Sec. 1069. Modifications to annual aircraft procurement plan. 

Sec. 1070. Change of deadline for annual report to Congress on National Guard 

and reserve component equipment. 

Sec. 1071. Report on nuclear aspirations of non-state entities, nuclear weapons, 

and related programs in non-nuclear weapons states and countries not 

parties to the nuclear non-proliferation treaty, and certain foreign persons. Sec. 1072. Implementation plan for whole-of-government vision prescribed in the 

National Security Strategy. 

Sec. 1073. Reports on resolution restrictions on the commercial sale or dissemination of eletro-optical imagery collected by satellites. 

Sec. 1074. Report on integration of unmanned aerial systems into the national airspace system. 

Sec. 1075. Report on feasibility of using unmanned aerial systems to perform airborne inspection of navigational aids in foreign airspace. 

Sec. 1076. Comptroller General review of medical research and development relating to improved combat casualty care. 

Sec. 1077. Reports to Congress on the modification of the force structure for the 

strategic nuclear weapons delivery systems of the United States. 

Sec. 1078. Comptroller General of the United States reports on the major automated information system programs of the Department of Defense. 

Sec. 1079. Report on Defense Department analytic capabilities regarding foreign 

ballistic missile threats. 

Sec. 1080. Report on approval and implementation of Air Sea Battle Concept. 

Sec. 1080A. Report on costs of units of the reserve components and the active components of the Armed Forces. 

Subtitle I—Miscellaneous Authorities and Limitations 

Sec. 1081. Authority for assignment of civilian employees of the Department of Defense as advisors to foreign ministries of defense. 

Sec. 1082. Exemption from Freedom of Information Act for data files of the military 

flight operations quality assurance systems of the military departments. 

Sec. 1083. Limitation on procurement and fielding of light attack armed reconnaissance aircraft. 

Sec. 1084. Prohibition on the use of funds for manufacturing beyond low rate initial 

production at certain prototype integration facilities. 

Sec. 1085. Use of State Partnership Program funds for certain purposes. 

Subtitle J—Other Matters 

Sec. 1086. Redesignation of psychological operations as military information support operations in title 10, United States Code, to conform to Department of Defense usage. 

Sec. 1087. Termination of requirement for appointment of civilian members of National Security Education Board by and with the advice and consent of 

the Senate. 

Sec. 1088. Sense of Congress on application of moratorium on earmarks to this Act. 

Sec. 1089. Technical amendment. 

Sec. 1090. Cybersecurity collaboration between the Department of Defense and the 

Department of Homeland Security. 

Sec. 1091. Treatment under Freedom of Information Act of certain Department of 

Defense critical infrastructure security information. 


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Sec. 1092. Expansion of scope of humanitarian demining assistance program to include stockpiled conventional munitions assistance. Sec. 1093. Number of Navy carrier air wings and carrier air wing headquarters. 

Sec. 1094. Display of annual budget requirements for organizational clothing and 

individual equipment. Sec. 1095. National Rocket Propulsion Strategy. 

Sec. 1096. Grants to certain regulated companies for specified energy property not 

subject to normalization rules. Sec. 1097. Unmanned aerial systems and national airspace. 

Sec. 1098. Modification of dates of Comptroller General of the United States review 

of executive agreement on joint medical facility demonstration project, 

North Chicago and Great Lakes, Illinois. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2012 between any such authorizations for that fiscal 

year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,000,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted 

toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by subsection (a) to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

(e) NATIONAL NUCLEAR SECURITY ADMINISTRATION.— 

(1) TRANSFER AUTHORIZED.—If the amount authorized to 

be appropriated for the weapons activities of the National 

Nuclear Security Administration for fiscal year 2012 is less 

than the $7,629,716,000 requested for such activities in the 

President’s budget request for that fiscal year, the Secretary 

of Defense may transfer, from amounts made available for 

the Department of Defense for fiscal year 2012 pursuant to 

an authorization of appropriations under this Act, to the Secretary of Energy an amount up to $125,000,000 to be available 

only for the weapons activities of the National Nuclear Security 

Administration. 

Determination. 


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(2) NOTICE TO CONGRESS.—In the event of a transfer under 

paragraph (1), the Secretary of Defense shall promptly notify 

Congress of the transfer and shall include in such notice the 

Department of Defense account or accounts from which the 

funds are transferred. 

(3) TRANSFER AUTHORITY.—The transfer authority provided 

under this subsection is in addition to any other transfer 

authority provided under this Act. 

SEC. 1002. BUDGETARY EFFECTS OF THIS ACT. 

The budgetary effects of this Act, for the purposes of complying 

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, jointly submitted for printing 

in the Congressional Record by the Chairmen of the House and 

Senate Budget Committees, provided that such statement has been 

submitted prior to the vote on passage in the House acting first 

on the conference report or amendment between the Houses. 

SEC. 1003. ADDITIONAL REQUIREMENTS RELATING TO THE DEVELOPMENT OF THE FINANCIAL IMPROVEMENT AND AUDIT 

READINESS PLAN. 

(a) PLANNING REQUIREMENT.— 

(1) IN GENERAL.—The report to be issued pursuant to section 1003(b) of the National Defense Authorization Act for 

2010 (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. 2222 note) 

and provided by not later than May 15, 2012, shall include 

a plan, including interim objectives and a schedule of milestones 

for each military department and for the defense agencies, 

to support the goal established by the Secretary of Defense 

that the statement of budgetary resources is validated for audit 

by not later than September 30, 2014. Consistent with the 

requirements of such section, the plan shall include process 

and control improvements and business systems modernization 

efforts necessary for the Department of Defense to consistently 

prepare timely, reliable, and complete financial management 

information. 

(2) SEMIANNUAL UPDATES.—The reports to be issued pursuant to such section after the report described in paragraph 

(1) shall update the plan required by such paragraph and 

explain how the Department has progressed toward meeting 

the milestones established in the plan. 

(b) INCLUSION OF SUBORDINATE ACTIVITIES FOR INTERIM MILESTONES.—For each interim milestone established pursuant to section 881 of the Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4306; 10 

U.S.C. 2222 note), the Under Secretary of Defense (Comptroller), 

in consultation with the Deputy Chief Management Officer of the 

Department of Defense, the Secretaries of the military departments, 

and the heads of the defense agencies and defense field activities, 

shall include a detailed description of the subordinate activities 

necessary to accomplish each interim milestone, including— 

(1) a justification of the time required for each activity; 

(2) metrics identifying the progress made within each 

activity; and 

(3) mitigating strategies for milestone timeframe slippages. 

(c) REPORT REQUIRED.— 

Reports. 

Deadlines. 

10 USC 2222 

note. 


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(1) IN GENERAL.—The Secretary of Defense shall submit 

to Congress a report relating to the Financial Improvement 

and Audit Readiness Plan of the Department of Defense submitted in accordance with section 1003 of the National Defense 

Authorization Act for 2010 (Public Law 111–84; 123 Stat. 2440; 

10 U.S.C. 2222 note) and section 881 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 

111–383; 121 Stat. 4306; 10 U.S.C. 2222 note). 

(2) MATTERS COVERED.—The report shall include a corrective action plan for any identified weaknesses or deficiencies 

in the execution of the Financial Improvement and Audit Readiness Plan. The corrective action plan shall— 

(A) identify near- and long-term measures for resolving 

any such weaknesses or deficiencies; 

(B) assign responsibilities within the Department of 

Defense to implement such measures; 

(C) specify implementation steps for such measures; 

and 

(D) provide timeframes for implementation of such 

measures. 

SEC. 1003A. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE 

RESERVE COMPONENTS OF THE ARMED FORCES UNDER 

ESTIMATED EXPENDITURES FOR PROCUREMENT IN 

FUTURE-YEARS DEFENSE PROGRAMS. 

Each future-years defense program submitted to Congress 

under section 221 of title 10, United States Code, shall, in setting 

forth estimated expenditures and item quantities for procurement 

for the Armed Forces for the fiscal years covered by such program, 

display separately under such estimated expenditures and item 

quantities the estimated expenditures for each such fiscal year 

for equipment for each reserve component of the Armed Forces 

that will receive items in any fiscal year covered by such program. 

Subtitle B—Counter-Drug Activities 

SEC. 1004. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 

PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 

CONDUCTING COUNTER-TERRORISM ACTIVITIES. 

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

Authorization Act for Fiscal Year 2004 (10 U.S.C. 371 note) is 

amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

(b) LIMITATION ON EXERCISE OF AUTHORITY.—The authority 

in section 1022 of the National Defense Authorization Act for Fiscal 

Year 2004, as amended by subsection (a), may not be exercised 

unless the Secretary of Defense certifies to Congress, in writing, 

that the Department of Defense is in compliance with the provisions 

of paragraph (2) of subsection (d) of such section, as added by 

section 1012(b) of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4346). 

SEC. 1005. THREE-YEAR EXTENSION AND MODIFICATION OF 

AUTHORITY OF DEPARTMENT OF DEFENSE TO PROVIDE 

ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES 

OF OTHER GOVERNMENTAL AGENCIES. 

(a) THREE-YEAR EXTENSION.—Subsection (a) of section 1004 

of the National Defense Authorization Act for Fiscal Year 1991 

Certification. 

10 USC 371 note. 

10 USC 221 note. 


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(10 U.S.C. 374 note) is amended by striking ‘‘During fiscal years 

2002 through 2011’’ and inserting ‘‘During fiscal years 2012 through 

2014’’. 

(b) COVERAGE OF TRIBAL LAW ENFORCEMENT AGENCIES.— (1) IN GENERAL.—Such section is further amended— 

(A) in subsection (a)— 

(i) in the matter preceding paragraph (1), by 

inserting ‘‘tribal,’’ after ‘‘local,’’; and 

(ii) in paragraph (2), by striking ‘‘State or local’’ 

both places it appears and insert ‘‘State, local, or 

tribal’’; and 

(B) in subsection (b)— 

(i) in paragraph (1), by striking ‘‘State or local’’ 

and inserting ‘‘State, local, or tribal’’; 

(ii) in paragraph (4), by striking ‘‘State, or local’’ 

and inserting ‘‘State, local, or tribal’’; and 

(iii) in paragraph (5), by striking ‘‘State and local’’ 

and inserting ‘‘State, local, and tribal’’. 

(2) TRIBAL GOVERNMENT DEFINED.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(i) DEFINITIONS RELATING TO TRIBAL GOVERNMENTS.—In this 

section: 

‘‘(1) The term ‘Indian tribe’ means a federally recognized 

Indian tribe. 

‘‘(2) The term ‘tribal government’ means the governing 

body of an Indian tribe, the status of whose land is ‘Indian 

country’ as defined in section 1151 of title 18, United States 

Code, or held in trust by the United States for the benefit 

of the Indian tribe. 

‘‘(3) The term ‘tribal law enforcement agency’ means the 

law enforcement agency of a tribal government.’’. 

SEC. 1006. TWO-YEAR EXTENSION AND EXPANSION OF AUTHORITY TO 

PROVIDE ADDITIONAL SUPPORT FOR COUNTER-DRUG 

ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS. 

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

National Defense Authorization Act for Fiscal Year 1998 (Public 

Law 105–85; 111 Stat. 1881), as most recently amended by section 

1014(a) of the Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4337), is 

further amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

(b) MAXIMUM AMOUNT OF SUPPORT.—Section (e)(2) of such section, as so amended, is further amended— 

(1) by striking ‘‘$75,000,000’’ and inserting ‘‘$100,000,000’’; 

and 

(2) by striking ‘‘2012’’ and inserting ‘‘2013’’. 

(c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUPPORT.—Subsection (b) of such section, as most recently amended 

by section 1024(b) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4587), is further amended by adding at the end the following 

new paragraphs: 

‘‘(23) Government of Benin. 

‘‘(24) Government of Cape Verde. 

‘‘(25) Government of The Gambia. 

‘‘(26) Government of Ghana. 

‘‘(27) Government of Guinea. 


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125 STAT. 1558 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(28) Government of Ivory Coast. 

‘‘(29) Government of Jamaica. 

‘‘(30) Government of Liberia. 

‘‘(31) Government of Mauritania. 

‘‘(32) Government of Nicaragua. 

‘‘(33) Government of Nigeria. 

‘‘(34) Government of Sierra Leone. 

‘‘(35) Government of Togo.’’. 

SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED 

COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042), as most recently amended by section 1011 of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383; 124 Stat. 4346), is amended— 

(1) in subsection (a), by striking ‘‘2011’’ and inserting 

‘‘2012’’; and 

(2) in subsection (c), by striking ‘‘2011’’ and inserting 

‘‘2012’’. 

SEC. 1008. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES. 

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

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–255), as most recently 

amended by the section 1013 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 

Stat. 4347), is further amended by striking ‘‘February 15, 2011’’ 

and inserting ‘‘February 15, 2012’’. 

Subtitle C—Naval Vessels and Shipyards 

SEC. 1011. BUDGETING FOR CONSTRUCTION OF NAVAL VESSELS. 

(a) ANNUAL PLAN.—Section 231 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 231. Budgeting for construction of naval vessels: annual 

plan and certification 

‘‘(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN AND CERTIFICATION.—The Secretary of Defense shall include with the defense 

budget materials for a fiscal year— 

‘‘(1) a plan for the construction of combatant and support 

vessels for the Navy developed in accordance with this section; 

and 

‘‘(2) a certification by the Secretary that both the budget 

for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 

221 of this title provide for funding of the construction of 

naval vessels at a level that is sufficient for the procurement 

of the vessels provided for in the plan under paragraph (1) 

on the schedule provided in that plan. 

‘‘(b) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.—(1) The 

annual naval vessel construction plan developed for a fiscal year 

for purposes of subsection (a)(1) should be designed so that the 


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naval vessel force provided for under that plan is capable of supporting the national security strategy of the United States as set 

forth in the most recent national security strategy report of the 

President under section 108 of the National Security Act of 1947 

(50 U.S.C. 404a), except that, if at the time such plan is submitted 

with the defense budget materials for that fiscal year, a national 

security strategy report required under such section 108 has not 

been submitted to Congress as required by paragraph (2) or paragraph (3), if applicable, of subsection (a) of such section, then 

such annual plan should be designed so that the naval vessel 

force provided for under that plan is capable of supporting the 

ship force structure recommended in the report of the most recent 

quadrennial defense review. 

‘‘(2) Each such naval vessel construction plan shall include 

the following: 

‘‘(A) A detailed program for the construction of combatant 

and support vessels for the Navy over the next 30 fiscal years. 

‘‘(B) A description of the necessary naval vessel force structure to meet the requirements of the national security strategy 

of the United States or the most recent quadrennial defense 

review, whichever is applicable under paragraph (1). 

‘‘(C) The estimated levels of annual funding necessary to 

carry out the program, together with a discussion of the 

procurement strategies on which such estimated levels of 

annual funding are based. 

‘‘(c) ASSESSMENT WHEN VESSEL CONSTRUCTION BUDGET IS

INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget 

for a fiscal year provides for funding of the construction of naval 

vessels at a level that is not sufficient to sustain the naval vessel 

force structure specified in the naval vessel construction plan for 

that fiscal year under subsection (a), the Secretary shall include 

with the defense budget materials for that fiscal year an assessment 

that describes and discusses the risks associated with the reduced 

force structure of naval vessels that will result from funding naval 

vessel construction at such level. Such assessment shall be coordinated in advance with the commanders of the combatant commands. 

‘‘(d) CBO EVALUATION.—Not later than 60 days after the date 

on which the congressional defense committees receive the plan 

under subsection (a)(1), the Director of the Congressional Budget 

Office shall submit to such committees a report assessing the sufficiency of the estimated levels of annual funding included in such 

plan with respect to the budget submitted during the year in 

which the plan is submitted and the future-years defense program 

submitted under section 221 of this title. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31. 

‘‘(2) The term ‘defense budget materials’, with respect to 

a fiscal year, means the materials submitted to Congress by 

the Secretary of Defense in support of the budget for that 

fiscal year. 

‘‘(3) The term ‘quadrennial defense review’ means the 

review of the defense programs and policies of the United 

States that is carried out every four years under section 118 

of this title.’’. 

Deadline. 

Reports. 


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(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of such title is amended by striking the item 

relating to section 231 and inserting the following new item: 

‘‘231. Budgeting for construction of naval vessels: annual plan and certification’’. 

SEC. 1012. SENSE OF CONGRESS ON NAMING OF NAVAL VESSEL AFTER 

UNITED STATES MARINE CORPS SERGEANT RAFAEL 

PERALTA. 

It is the sense of Congress that the Secretary of the Navy 

is encouraged to name the next available Naval vessel after United 

States Marine Corps Sergeant Rafael Peralta. 

SEC. 1013. LIMITATION ON AVAILABILITY OF FUNDS FOR PLACING 

MARITIME PREPOSITIONING SHIP SQUADRONS ON 

REDUCED OPERATING STATUS. 

No amounts authorized to be appropriated by this Act may 

be obligated or expended to place a Maritime Prepositioning Ship 

squadron, or any component thereof, on reduced operating status 

until the later of the following: 

(1) The date on which the Commandant of the Marine 

Corps submits to the congressional defense committees a report 

setting forth an assessment of the impact on military readiness 

of the plans of the Navy for placing such Maritime 

Prepositioning Ship squadron, or component thereof, on reduced 

operating status. 

(2) The date on which the Chief of Naval Operations submits to the congressional defense committees a report that— 

(A) describes the plans of the Navy for placing such 

Maritime Prepositioning Ship squadron, or component 

thereof, on reduced operating status; and 

(B) sets forth comments of the Chief of Naval Operations on the assessment described in paragraph (1). 

(3) The date on which the Secretary of Defense certifies 

to the congressional defense committees that the risks to readiness of placing such Maritime Prepositioning squadron, or 

component thereof, on reduced operating status are acceptable. 

SEC. 1014. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR 

NAMING THE VESSELS OF THE NAVY. 

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

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on the policies and practices of the Navy 

for naming vessels of the Navy. 

(b) ELEMENTS.—The report required by subsection (a) shall 

set forth the following: 

(1) A description of the current policies and practices of 

the Navy for naming vessels of the Navy. 

(2) A description of the extent to which the policies and 

practices described under paragraph (1) vary from historical 

policies and practices of the Navy for naming vessels of the 

Navy, and an explanation for such variances (if any). 

(3) An assessment of the feasibility and advisability of 

establishing fixed policies for the naming of one or more classes 

of vessels of the Navy, and a statement of the policies recommended to apply to each class of vessels recommended to 

be covered by such fixed policies if the establishment of such 

fixed policies is considered feasible and advisable. 

Reports. 

Certification. 


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(4) Any other matters relating to the policies and practices 

of the Navy for naming vessels of the Navy that the Secretary 

of Defense considers appropriate. 

SEC. 1015. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE NAVY. 

(a) TRANSFER FROM MARAD AUTHORIZED.—The Secretary of 

the Navy may, subject to appropriations, from funds available for 

the Department of Defense for fiscal year 2012, provide to the 

Maritime Administration of the Department of Transportation an 

amount not to exceed $35,000,000 for the transfer by the Maritime 

Administration to the Department of the Navy of jurisdiction and 

control over the vessels as follows: 

(1) M/V HUAKAI. 

(2) M/V ALAKAI. 

(b) USE AS DEPARTMENT OF DEFENSE SEALIFT VESSELS.—Each 

vessel transferred to the Department of the Navy under subsection 

(a) shall be administered as a Department of Defense sealift vessel 

(as such term is defined in section 2218(k)(2) of title 10, United 

States Code). 

SEC. 1016. MODIFICATION OF CONDITIONS ON STATUS OF RETIRED 

AIRCRAFT CARRIER EX-JOHN F. KENNEDY. 

Section 1011(c)(2) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2374) is amended by striking ‘‘shall require’’ and all that 

follows and inserting ‘‘may, notwithstanding paragraph (1), demilitarize the vessel in preparation for the transfer.’’. 

SEC. 1017. ASSESSMENT OF STATIONING OF ADDITIONAL DDG–51 

CLASS DESTROYERS AT NAVAL STATION MAYPORT, 

FLORIDA. 

(a) NAVY ASSESSMENT REQUIRED.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of the Navy shall 

conduct an analysis of the costs and benefits of stationing 

additional DDG–51 class destroyers at Naval Station Mayport, 

Florida. 

(2) ELEMENTS.—The analysis required by paragraph (1) 

shall include, at a minimum, the following: 

(A) Consideration of the negative effects on the ship 

repair industrial base at Naval Station Mayport caused 

by the retirement of FFG–7 class frigates and the procurement delays of the Littoral Combat Ship, including, in 

particular, the increase in costs (which would be passed 

on to the taxpayer) of reconstituting the ship repair industrial base at Naval Station Mayport following the projected 

drastic decrease in workload. 

(B) Updated consideration of life extensions of FFG– 

7 class frigates in light of continued delays in deliveries 

of the Littoral Combat Ship deliveries. 

(C) Consideration of the possibility of bringing additional surface warships to Naval Station Mayport for 

maintenance with the consequence of spreading the ship 

repair workload appropriately amongst the various public 

and private shipyards and ensuring the long-term health 

of the shipyard in Mayport. 

(b) COMPTROLLER GENERAL OF THE UNITED STATES ASSESS- MENT.—Not later than 120 days after the submittal of the report Deadline. 

Determination. 

Deadline. 


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required by subsection (a), the Comptroller General of the United 

States shall submit to Congress an assessment by the Comptroller 

General of the report, including a determination whether or not 

the report complies with applicable best practices. 

Subtitle D—Counterterrorism 

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF 

THE UNITED STATES TO DETAIN COVERED PERSONS 

PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE. 

(a) IN GENERAL.—Congress affirms that the authority of the 

President to use all necessary and appropriate force pursuant to 

the Authorization for Use of Military Force (Public Law 107–40; 

50 U.S.C. 1541 note) includes the authority for the Armed Forces 

of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war. 

(b) COVERED PERSONS.—A covered person under this section 

is any person as follows: 

(1) A person who planned, authorized, committed, or aided 

the terrorist attacks that occurred on September 11, 2001, 

or harbored those responsible for those attacks. 

(2) A person who was a part of or substantially supported 

al-Qaeda, the Taliban, or associated forces that are engaged 

in hostilities against the United States or its coalition partners, 

including any person who has committed a belligerent act or 

has directly supported such hostilities in aid of such enemy 

forces. 

(c) DISPOSITION UNDER LAW OF WAR.—The disposition of a 

person under the law of war as described in subsection (a) may 

include the following: 

(1) Detention under the law of war without trial until 

the end of the hostilities authorized by the Authorization for 

Use of Military Force. 

(2) Trial under chapter 47A of title 10, United States 

Code (as amended by the Military Commissions Act of 2009 

(title XVIII of Public Law 111–84)). 

(3) Transfer for trial by an alternative court or competent 

tribunal having lawful jurisdiction. 

(4) Transfer to the custody or control of the person’s country 

of origin, any other foreign country, or any other foreign entity. 

(d) CONSTRUCTION.—Nothing in this section is intended to limit 

or expand the authority of the President or the scope of the 

Authorization for Use of Military Force. 

(e) AUTHORITIES.—Nothing in this section shall be construed 

to affect existing law or authorities relating to the detention of 

United States citizens, lawful resident aliens of the United States, 

or any other persons who are captured or arrested in the United 

States. 

(f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—The Secretary 

of Defense shall regularly brief Congress regarding the application 

of the authority described in this section, including the organizations, entities, and individuals considered to be ‘‘covered persons’’ 

for purposes of subsection (b)(2). 

10 USC 801 note. 


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SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS. 

(a) CUSTODY PENDING DISPOSITION UNDER LAW OF WAR.— 

(1) IN GENERAL.—Except as provided in paragraph (4), the 

Armed Forces of the United States shall hold a person described 

in paragraph (2) who is captured in the course of hostilities 

authorized by the Authorization for Use of Military Force 

(Public Law 107–40) in military custody pending disposition 

under the law of war. 

(2) COVERED PERSONS.—The requirement in paragraph (1) 

shall apply to any person whose detention is authorized under 

section 1021 who is determined— 

(A) to be a member of, or part of, al-Qaeda or an 

associated force that acts in coordination with or pursuant 

to the direction of al-Qaeda; and 

(B) to have participated in the course of planning or 

carrying out an attack or attempted attack against the 

United States or its coalition partners. 

(3) DISPOSITION UNDER LAW OF WAR.—For purposes of this 

subsection, the disposition of a person under the law of war 

has the meaning given in section 1021(c), except that no 

transfer otherwise described in paragraph (4) of that section 

shall be made unless consistent with the requirements of section 1028. 

(4) WAIVER FOR NATIONAL SECURITY.—The President may 

waive the requirement of paragraph (1) if the President submits 

to Congress a certification in writing that such a waiver is 

in the national security interests of the United States. 

(b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL

RESIDENT ALIENS.— 

(1) UNITED STATES CITIZENS.—The requirement to detain 

a person in military custody under this section does not extend 

to citizens of the United States. 

(2) LAWFUL RESIDENT ALIENS.—The requirement to detain 

a person in military custody under this section does not extend 

to a lawful resident alien of the United States on the basis 

of conduct taking place within the United States, except to 

the extent permitted by the Constitution of the United States. 

(c) IMPLEMENTATION PROCEDURES.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the President shall issue, and 

submit to Congress, procedures for implementing this section. 

(2) ELEMENTS.—The procedures for implementing this section shall include, but not be limited to, procedures as follows: 

(A) Procedures designating the persons authorized to 

make determinations under subsection (a)(2) and the 

process by which such determinations are to be made. 

(B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the 

interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody 

or control of the United States. 

(C) Procedures providing that a determination under 

subsection (a)(2) is not required to be implemented until 

after the conclusion of an interrogation which is ongoing 

at the time the determination is made and does not require 

the interruption of any such ongoing interrogation. 

Deadline. 

President. 

Applicability. 

10 USC 801 note. 


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(D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when 

intelligence, law enforcement, or other Government officials 

of the United States are granted access to an individual 

who remains in the custody of a third country. 

(E) Procedures providing that a certification of national 

security interests under subsection (a)(4) may be granted 

for the purpose of transferring a covered person from a 

third country if such a transfer is in the interest of the 

United States and could not otherwise be accomplished. 

(d) AUTHORITIES.—Nothing in this section shall be construed 

to affect the existing criminal enforcement and national security 

authorities of the Federal Bureau of Investigation or any other 

domestic law enforcement agency with regard to a covered person, 

regardless whether such covered person is held in military custody. 

(e) EFFECTIVE DATE.—This section shall take effect on the 

date that is 60 days after the date of the enactment of this Act, 

and shall apply with respect to persons described in subsection 

(a)(2) who are taken into the custody or brought under the control 

of the United States on or after that effective date. 

SEC. 1023. PROCEDURES FOR PERIODIC DETENTION REVIEW OF 

INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

(a) PROCEDURES REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the appropriate committees of Congress a report 

setting forth procedures for implementing the periodic review 

process required by Executive Order No. 13567 for individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba, 

pursuant to the Authorization for Use of Military Force (Public 

Law 107–40; 50 U.S.C. 1541 note). 

(b) COVERED MATTERS.—The procedures submitted under subsection (a) shall, at a minimum— 

(1) clarify that the purpose of the periodic review process 

is not to determine the legality of any detainee’s law of war 

detention, but to make discretionary determinations whether 

or not a detainee represents a continuing threat to the security 

of the United States; 

(2) clarify that the Secretary of Defense is responsible 

for any final decision to release or transfer an individual 

detained in military custody at United States Naval Station, 

Guantanamo Bay, Cuba, pursuant to the Executive Order 

referred to in subsection (a), and that in making such a final 

decision, the Secretary shall consider the recommendation of 

a periodic review board or review committee established pursuant to such Executive Order, but shall not be bound by any 

such recommendation; 

(3) clarify that the periodic review process applies to any 

individual who is detained as an unprivileged enemy belligerent 

at United States Naval Station, Guantanamo Bay, Cuba, at 

any time; and 

(4) ensure that appropriate consideration is given to factors 

addressing the need for continued detention of the detainee, 

including— 

(A) the likelihood the detainee will resume terrorist 

activity if transferred or released; 

Deadline. 

Reports. 

10 USC 801 note. 

Applicability. 


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(B) the likelihood the detainee will reestablish ties 

with al-Qaeda, the Taliban, or associated forces that are 

engaged in hostilities against the United States or its coalition partners if transferred or released; 

(C) the likelihood of family, tribal, or government 

rehabilitation or support for the detainee if transferred 

or released; 

(D) the likelihood the detainee may be subject to trial 

by military commission; and 

(E) any law enforcement interest in the detainee. 

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

SEC. 1024. PROCEDURES FOR STATUS DETERMINATIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the appropriate committees of Congress a report setting forth 

the procedures for determining the status of persons detained pursuant to the Authorization for Use of Military Force (Public Law 

107–40; 50 U.S.C. 1541 note) for purposes of section 1021. 

(b) ELEMENTS OF PROCEDURES.—The procedures required by 

this section shall provide for the following in the case of any 

unprivileged enemy belligerent who will be held in long-term detention under the law of war pursuant to the Authorization for Use 

of Military Force: 

(1) A military judge shall preside at proceedings for the 

determination of status of an unprivileged enemy belligerent. 

(2) An unprivileged enemy belligerent may, at the election 

of the belligerent, be represented by military counsel at proceedings for the determination of status of the belligerent. 

(c) APPLICABILITY.—The Secretary of Defense is not required 

to apply the procedures required by this section in the case of 

a person for whom habeas corpus review is available in a Federal 

court. 

(d) REPORT ON MODIFICATION OF PROCEDURES.—The Secretary 

of Defense shall submit to the appropriate committees of Congress 

a report on any modification of the procedures submitted under 

this section. The report on any such modification shall be so submitted not later than 60 days before the date on which such modification goes into effect. 

(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and 

(2) the Committee on Armed Services and the Permanent 

Select Committee on Intelligence of the House of Representatives. 

SEC. 1025. REQUIREMENT FOR NATIONAL SECURITY PROTOCOLS GOVERNING DETAINEE COMMUNICATIONS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall develop 

and submit to the congressional defense committees a national 

Deadline. 

10 USC 801 note. 

Deadline. 

Reports. 

10 USC 801 note. 


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security protocol governing communications to and from individuals 

detained at United States Naval Station, Guantanamo Bay, Cuba, 

pursuant to the Authorization for Use of Military Force (Public 

Law 107–40; 50 U.S.C. 1541 note), and related issues. 

(b) CONTENTS.—The protocol developed pursuant to subsection 

(a) shall include Department of Defense policies and procedures 

regarding each of the following: 

(1) Detainee access to military or civilian legal representation, or both, including any limitations on such access and 

the manner in which any applicable legal privileges will be 

balanced with national security considerations. 

(2) Detainee communications with persons other than Federal Government personnel and members of the Armed Forces, 

including meetings, mail, phone calls, and video teleconferences, 

including— 

(A) any limitations on categories of information that 

may be discussed or materials that may be shared; and 

(B) the process by which such communications or materials are to be monitored or reviewed. 

(3) The extent to which detainees may receive visits by 

persons other than military or civilian representatives. 

(4) The measures planned to be taken to implement and 

enforce the provisions of the protocol. 

(c) UPDATES.—The Secretary of Defense shall notify the congressional defense committees of any significant change to the policies 

and procedures described in the protocol submitted pursuant to 

subsection (a) not later than 30 days after such change is made. 

(d) FORM OF PROTOCOL.—The protocol submitted pursuant to 

subsection (a) may be submitted in classified form. 

SEC. 1026. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 

FACILITIES IN THE UNITED STATES TO HOUSE 

DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—No amounts authorized to be appropriated 

or otherwise made available to the Department of Defense for 

fiscal year 2012 may be used to construct or modify any facility 

in the United States, its territories, or possessions to house any 

individual detained at Guantanamo for the purposes of detention 

or imprisonment in the custody or under the control of the Department of Defense unless authorized by Congress. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 

section, the term ‘‘individual detained at Guantanamo’’ has the 

meaning given that term in section 1028(e)(2). 

(d) REPEAL OF SUPERSEDED AUTHORITY.—Section 1034 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 124 Stat. 4353) is amended by striking 

subsections (a), (b), and (c). 

SEC. 1027. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 

OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 

STATES NAVAL STATION, GUANTANAMO BAY, CUBA. 

None of the funds authorized to be appropriated by this Act 

for fiscal year 2012 may be used to transfer, release, or assist 

Khalid Sheikh 

Mohammed. 


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in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other 

detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 1028. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 

TRANSFER OF DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES 

AND OTHER FOREIGN ENTITIES. 

(a) CERTIFICATION REQUIRED PRIOR TO TRANSFER.— (1) IN GENERAL.—Except as provided in paragraph (2) and 

subsection (d), the Secretary of Defense may not use any 

amounts authorized to be appropriated or otherwise available 

to the Department of Defense for fiscal year 2012 to transfer 

any individual detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign 

country, or any other foreign entity unless the Secretary submits to Congress the certification described in subsection (b) 

not later than 30 days before the transfer of the individual. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained 

at Guantanamo to effectuate— 

(A) an order affecting the disposition of the individual 

that is issued by a court or competent tribunal of the 

United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); 

or 

(B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act. 

(b) CERTIFICATION.—A certification described in this subsection 

is a written certification made by the Secretary of Defense, with 

the concurrence of the Secretary of State and in consultation with 

the Director of National Intelligence, that— 

(1) the government of the foreign country or the recognized 

leadership of the foreign entity to which the individual detained 

at Guantanamo is to be transferred— 

(A) is not a designated state sponsor of terrorism or 

a designated foreign terrorist organization; 

(B) maintains control over each detention facility in 

which the individual is to be detained if the individual 

is to be housed in a detention facility; 

(C) is not, as of the date of the certification, facing 

a threat that is likely to substantially affect its ability 

to exercise control over the individual; 

(D) has taken or agreed to take effective actions to 

ensure that the individual cannot take action to threaten 

the United States, its citizens, or its allies in the future; 

(E) has taken or agreed to take such actions as the 

Secretary of Defense determines are necessary to ensure 

that the individual cannot engage or reengage in any terrorist activity; and 

(F) has agreed to share with the United States any 

information that— 

Notification. 

Deadline. 

10 USC 801 note. 


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(i) is related to the individual or any associates 

of the individual; and 

(ii) could affect the security of the United States, 

its citizens, or its allies; and 

(2) includes an assessment, in classified or unclassified 

form, of the capacity, willingness, and past practices (if 

applicable) of the foreign country or entity in relation to the 

Secretary’s certifications. 

(c) PROHIBITION IN CASES OF PRIOR CONFIRMED RECIDIVISM.— (1) PROHIBITION.—Except as provided in paragraph (2) and 

subsection (d), the Secretary of Defense may not use any 

amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual 

detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign country, or any other 

foreign entity if there is a confirmed case of any individual 

who was detained at United States Naval Station, Guantanamo 

Bay, Cuba, at any time after September 11, 2001, who was 

transferred to such foreign country or entity and subsequently 

engaged in any terrorist activity. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any action 

taken by the Secretary to transfer any individual detained 

at Guantanamo to effectuate— 

(A) an order affecting the disposition of the individual 

that is issued by a court or competent tribunal of the 

United States having lawful jurisdiction (which the Secretary shall notify Congress of promptly after issuance); 

or 

(B) a pre-trial agreement entered in a military commission case prior to the date of the enactment of this Act. 

(d) NATIONAL SECURITY WAIVER.— 

(1) IN GENERAL.—The Secretary of Defense may waive the 

applicability to a detainee transfer of a certification requirement 

specified in subparagraph (D) or (E) of subsection (b)(1) or 

the prohibition in subsection (c), if the Secretary certifies the 

rest of the criteria required by subsection (b) for transfers 

prohibited by subsection (c) and, with the concurrence of the 

Secretary of State and in consultation with the Director of 

National Intelligence, determines that— 

(A) alternative actions will be taken to address the 

underlying purpose of the requirement or requirements 

to be waived; 

(B) in the case of a waiver of subparagraph (D) or 

(E) of subsection (b)(1), it is not possible to certify that 

the risks addressed in the paragraph to be waived have 

been completely eliminated, but the actions to be taken 

under subparagraph (A) will substantially mitigate such 

risks with regard to the individual to be transferred; 

(C) in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an 

individual who was transferred to the country subsequently 

engaged in terrorist activity, and the actions to be taken 

under subparagraph (A) will substantially mitigate the risk 

of recidivism with regard to the individual to be transferred; and 

(D) the transfer is in the national security interests 

of the United States. 

Determination. 

Notification. 


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(2) REPORTS.—Whenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the 

appropriate committees of Congress, not later than 30 days 

before the transfer of the individual concerned, the following: 

(A) A copy of the determination and the waiver concerned. 

(B) A statement of the basis for the determination, 

including— 

(i) an explanation why the transfer is in the 

national security interests of the United States; and 

(ii) in the case of a waiver of subparagraph (D) 

or (E) of subsection (b)(1), an explanation why it is 

not possible to certify that the risks addressed in the 

subparagraph to be waived have been completely eliminated. 

(C) A summary of the alternative actions to be taken 

to address the underlying purpose of, and to mitigate the 

risks addressed in, the subparagraph or subsection to be 

waived. 

(D) The assessment required by subsection (b)(2). 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

(2) The term ‘‘individual detained at Guantanamo’’ means 

any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(A) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the control of the 

Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(3) The term ‘‘foreign terrorist organization’’ means any 

organization so designated by the Secretary of State under 

section 219 of the Immigration and Nationality Act (8 U.S.C. 

1189). 

(f) REPEAL OF SUPERSEDED AUTHORITY.—Section 1033 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 124 Stat. 4351) is repealed. 

SEC. 1029. REQUIREMENT FOR CONSULTATION REGARDING PROSECUTION OF TERRORISTS. 

(a) IN GENERAL.—Before seeking an indictment of, or otherwise 

charging, an individual described in subsection (b) in a Federal 

court, the Attorney General shall consult with the Director of 

National Intelligence and the Secretary of Defense about— 

(1) whether the more appropriate forum for prosecution 

would be a Federal court or a military commission; and 

(2) whether the individual should be held in civilian custody 

or military custody pending prosecution. 

10 USC 801 note. 


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(b) APPLICABILITY.—The consultation requirement in subsection 

(a) applies to— 

(1) a person who is subject to the requirements of section 

1022, in accordance with a determination made pursuant to 

subsection (a)(2) of such section; and 

(2) any other person who is held in military detention 

outside of the United States pursuant to the authority affirmed 

by section 1021. 

SEC. 1030. CLARIFICATION OF RIGHT TO PLEAD GUILTY IN TRIAL OF 

CAPITAL OFFENSE BY MILITARY COMMISSION. 

(a) CLARIFICATION OF RIGHT.—Section 949m(b)(2) of title 10, 

United States Code, is amended— 

(1) in subparagraph (C), by inserting before the semicolon 

the following: ‘‘, or a guilty plea was accepted and not withdrawn prior to announcement of the sentence in accordance 

with section 949i(b) of this title’’; and 

(2) in subparagraph (D), by inserting ‘‘on the sentence’’ 

after ‘‘vote was taken’’. 

(b) PRE-TRIAL AGREEMENTS.—Section 949i of such title is 

amended— 

(1) in the first sentence of subsection (b)— 

(A) by inserting after ‘‘military judge’’ the following: 

‘‘, including a charge or specification that has been referred 

capital,’’; 

(B) by inserting ‘‘by the military judge’’ after ‘‘may 

be entered’’; and 

(C) by inserting ‘‘by the members’’ after ‘‘vote’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) PRE-TRIAL AGREEMENTS.—(1) A plea of guilty made by 

the accused that is accepted by a military judge under subsection 

(b) and not withdrawn prior to announcement of the sentence 

may form the basis for an agreement reducing the maximum sentence approved by the convening authority, including the reduction 

of a sentence of death to a lesser punishment, or that the case 

will be referred to a military commission under this chapter without 

seeking the penalty of death. Such an agreement may provide 

for terms and conditions in addition to a guilty plea by the accused 

in order to be effective. 

‘‘(2) A plea agreement under this subsection may not provide 

for a sentence of death imposed by a military judge alone. A sentence of death may only be imposed by the unanimous vote of 

all members of a military commission concurring in the sentence 

of death as provided in section 949m(b)(2)(D) of this title.’’. 

SEC. 1031. COUNTERTERRORISM OPERATIONAL BRIEFING REQUIREMENT. 

(a) BRIEFINGS REQUIRED.—Beginning not later than March 1, 

2012, the Secretary of Defense shall provide to the congressional 

defense committees quarterly briefings outlining Department of 

Defense counterterrorism operations and related activities involving 

special operations forces. 

(b) ELEMENTS.—Each briefing under subsection (a) shall include 

each of the following: 

(1) A global update on activity within each geographic 

combatant command. 

(2) An overview of authorities and legal issues including 

limitations. 

Deadlines. 

10 USC 167 note. 


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(3) An outline of interagency activities and initiatives. 

(4) Any other matters the Secretary considers appropriate. 

SEC. 1032. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE 

HAVENS TO AL-QAEDA AND ITS VIOLENT EXTREMIST 

AFFILIATES. 

(a) PURPOSE.—The purpose of this section is to improve interagency strategic planning and execution to more effectively 

integrate efforts to deny safe havens and strengthen at-risk states 

to further the goals of the National Security Strategy related to 

the disruption, dismantlement, and defeat of al-Qaeda and its violent extremist affiliates. 

(b) NATIONAL SECURITY PLANNING GUIDANCE.— 

(1) GUIDANCE REQUIRED.—The President shall issue classified or unclassified national security planning guidance in support of objectives stated in the national security strategy report 

submitted to Congress by the President pursuant to section 

108 of the National Security Act of 1947 (50 U.S.C. 404a) 

to deny safe havens to al-Qaeda and its violent extremist affiliates and to strengthen at-risk states. Such guidance shall serve 

as the strategic plan that governs United States and coordinated international efforts to enhance the capacity of governmental and nongovernmental entities to work toward the goal 

of eliminating the ability of al-Qaeda and its violent extremist 

affiliates to establish or maintain safe havens. 

(2) CONTENTS OF GUIDANCE.—The guidance required under 

paragraph (1) shall include each of the following: 

(A) A prioritized list of specified geographic areas that 

the President determines are necessary to address and 

an explicit discussion and list of the criteria or rationale 

used to prioritize the areas on the list, including a discussion of the conditions that would hamper the ability of 

the United States to strengthen at-risk states or other 

entities in such areas. 

(B) For each specified geographic area, a description, 

analysis, and discussion of the core problems and contributing issues that allow or could allow al-Qaeda and its 

violent extremist affiliates to use the area as a safe haven 

from which to plan and launch attacks, engage in propaganda, or raise funds and other support, including any 

ongoing or potential radicalization of the population, or 

to use the area as a key transit route for personnel, 

weapons, funding, or other support. 

(C) A list of short-term, mid-term, and long-term goals 

for each specified geographic area, prioritized by importance. 

(D) A description of the role and mission of each Federal department and agency involved in executing the guidance, including the Departments of Defense, Justice, 

Treasury, and State and the Agency for International 

Development. 

(E) A description of gaps in United States capabilities 

to meet the goals listed pursuant to subparagraph (C), 

and the extent to which those gaps can be met through 

coordination with nongovernmental, international, or private sector organizations, entities, or companies. 

Determination. 

President. 

50 USC 404a 

note. 


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(3) REVIEW AND UPDATE OF GUIDANCE.—The President shall 

review and update the guidance required under paragraph 

(1) as necessary. Any such review shall address each of the 

following: 

(A) The overall progress made toward achieving the 

goals listed pursuant to paragraph (2)(C), including an 

overall assessment of the progress in denying a safe haven 

to al-Qaeda and its violent extremist affiliates. 

(B) The performance of each Federal department and 

agency involved in executing the guidance. 

(C) The performance of the unified country team and 

appropriate combatant command, or in the case of a crossborder effort, country teams in the area and the appropriate 

combatant command. 

(D) Any addition to, deletion from, or change in the 

order of the prioritized list maintained pursuant to paragraph (2)(A). 

(4) SPECIFIED GEOGRAPHIC AREA DEFINED.—In this subsection, the term ‘‘specified geographic area’’ means any 

country, subnational territory, or region— 

(A) that serves or may potentially serve as a safe 

haven for al-Qaeda or a violent extremist affiliate of alQaeda— 

(i) from which to plan and launch attacks, engage 

in propaganda, or raise funds and other support; or 

(ii) for use as a key transit route for personnel, 

weapons, funding, or other support; and 

(B) over which one or more governments or entities 

exert insufficient governmental or security control to deny 

al-Qaeda and its violent extremist affiliates the ability 

to establish a large scale presence. 

SEC. 1033. EXTENSION OF AUTHORITY TO MAKE REWARDS FOR COMBATING TERRORISM. 

Section 127b of title 10, United States Code, is amended— 

(1) in subsection (c)(3)(C), by striking ‘‘September 30, 2011’’ 

and inserting ‘‘September 30, 2013’’; and 

(2) in subsection (f)— 

(A) in paragraph (1), by striking ‘‘December’’ and 

inserting ‘‘February’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (C)(ii), by inserting ‘‘and the 

recipient’s geographic location’’ after ‘‘reward’’; and 

(ii) by adding at the end the following new subparagraphs: 

‘‘(E) A description of the status of program implementation in each geographic combatant command. 

‘‘(F) A description of efforts to coordinate and de-conflict 

the authority under subsection (a) with similar rewards 

programs administered by the United States Government. 

‘‘(G) An assessment of the effectiveness of the program 

in meeting its objectives.’’. 

SEC. 1034. AMENDMENTS RELATING TO THE MILITARY COMMISSIONS 

ACT OF 2009. 

(a) REFERENCE TO HOW CHARGES ARE MADE.—Section 

949a(b)(2)(C) of title 10, United States Code, is amended by striking 

‘‘preferred’’ in clauses (i) and (ii) and inserting ‘‘sworn’’. 


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(b) JUDGES OF UNITED STATES COURT OF MILITARY COMMISSION

REVIEW.—Section 949b(b) of such title is amended— 

(1) in paragraph (1)(A), by striking ‘‘a military appellate 

judge or other duly appointed judge under this chapter on’’ 

and inserting ‘‘a judge on’’; 

(2) in paragraph (2), by striking ‘‘a military appellate judge 

on’’ and inserting ‘‘a judge on’’; and 

(3) in paragraph (3)(B), by striking ‘‘an appellate military 

judge or a duly appointed appellate judge on’’ and inserting 

‘‘a judge on’’. 

(c) PANELS OF UNITED STATES COURT OF MILITARY COMMISSION

REVIEW.—Section 950f(a) of such title is amended by striking ‘‘appellate military judges’’ in the second sentence and inserting ‘‘judges 

on the Court’’. 

(d) REVIEW OF FINAL JUDGMENTS BY UNITED STATES COURT

OF APPEALS FOR THE D.C. CIRCUIT.— 

(1) CLARIFICATION OF MATTER SUBJECT TO REVIEW.—Subsection (a) of section 950g of such title is amended by inserting 

‘‘as affirmed or set aside as incorrect in law by’’ after ‘‘where 

applicable,’’. 

(2) CLARIFICATION ON TIME FOR SEEKING REVIEW.—Subsection (c) of such section is amended— 

(A) in the matter preceding paragraph (1), by striking 

‘‘by the accused’’ and all that follows through ‘‘which— 

’’ and inserting ‘‘in the Court of Appeals—’’; 

(B) in paragraph (1)— 

(i) by inserting ‘‘not later than 20 days after the 

date on which’’ after ‘‘(1)’’; and 

(ii) by striking ‘‘on the accused or on defense 

counsel’’ and inserting ‘‘on the parties’’; and 

(C) in paragraph (2)— 

(i) by inserting ‘‘if’’ after ‘‘(2)’’; and 

(ii) by inserting before the period the following: 

‘‘, not later than 20 days after the date on which 

such notice is submitted’’. 

Subtitle E—Nuclear Forces 

SEC. 1041. BIENNIAL ASSESSMENT AND REPORT ON THE DELIVERY 

PLATFORMS FOR NUCLEAR WEAPONS AND THE NUCLEAR 

COMMAND AND CONTROL SYSTEM. 

(a) IN GENERAL.—Chapter 23 of title 10, United States Code, 

is amended by adding after section 490 the following new section: 

‘‘§ 490a. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system 

‘‘(a) BIENNIAL ASSESSMENTS.—(1) For each even-numbered year, 

each covered official shall assess the safety, security, reliability, 

sustainability, performance, and military effectiveness of the systems described in paragraph (2) for which such official has responsibility. 

‘‘(2) The systems described in this paragraph are the following: 

‘‘(A) Each type of delivery platform for nuclear weapons. 

‘‘(B) The nuclear command and control system. 


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125 STAT. 1574 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(b) BIENNIAL REPORT.—(1) Not later than December 1 of each 

even-numbered year, each covered official shall submit to the Secretary of Defense and the Nuclear Weapons Council established 

by section 179 of this title a report on the assessments conducted 

under subsection (a). 

‘‘(2) Each report under paragraph (1) shall include the following: 

‘‘(A) The results of the assessment. 

‘‘(B) An identification and discussion of any capability gaps 

or shortfalls with respect to the systems described in subsection 

(a)(2) covered under the assessment. 

‘‘(C) An identification and discussion of any risks with 

respect to meeting mission or capability requirements. 

‘‘(D) In the case of an assessment by the Commander 

of the United States Strategic Command, if the Commander 

identifies any deficiency with respect to a nuclear weapons 

delivery platform covered under the assessment, a discussion 

of the relative merits of any other nuclear weapons delivery 

platform type or compensatory measure that would accomplish 

the mission of such nuclear weapons delivery platform. 

‘‘(E) An identification and discussion of any matter having 

an adverse effect on the capability of the covered official to 

accurately determine the matters covered by the assessment. 

‘‘(c) REPORT TO PRESIDENT AND CONGRESS.—(1) Not later than 

March 1 of each year following a year for which a report under 

subsection (b) is submitted, the Secretary of Defense shall submit 

to the President a report containing— 

‘‘(A) each report under subsection (b) submitted during 

the previous year, as originally submitted to the Secretary; 

‘‘(B) any comments that the Secretary considers appropriate 

with respect to each such report; 

‘‘(C) any conclusions that the Secretary considers appropriate with respect to the safety, security, reliability, sustainability, performance, or military effectiveness of the systems 

described in subsection (a)(2); and 

‘‘(D) any other information that the Secretary considers 

appropriate. 

‘‘(2) Not later than March 15 of each year during which a 

report under paragraph (1) is submitted, the President shall 

transmit to the congressional defense committees the report submitted to the President under paragraph (1), including any comments the President considers appropriate. 

‘‘(3) Each report under this subsection may be in classified 

form if the Secretary of Defense determines it necessary. 

‘‘(d) COVERED OFFICIAL DEFINED.—In this section, the term 

‘covered official’ means— 

‘‘(1) the Commander of the United States Strategic Command; 

‘‘(2) the Director of the Strategic Systems Program of the 

Navy; and 

‘‘(3) the Commander of the Global Strike Command of 

the Air Force.’’. 

(b) INITIAL ASSESSMENT AND REPORTS.—Not later than 30 days 

after the date of enactment of this Act, each covered official, as 

such term is defined in subsection (d) of section 490a of title 

10, United States Code, as added by subsection (a), shall conduct 

an initial assessment as described by subsection (a) of such section 

and submit an initial report as described by subsection (b) of such 

10 USC 490a 

note. 

Determination. 


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section. The requirements of subsection (c) of such section shall 

apply with respect to the report submitted under this subsection. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item related 

to section 490 the following new item: 

‘‘490a. Biennial assessment and report on the delivery platforms for nuclear weapons and the nuclear command and control system.’’. 

SEC. 1042. PLAN ON IMPLEMENTATION OF THE NEW START TREATY. 

(a) PLAN REQUIRED.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Navy, the Secretary of the Air 

Force, and the Commander of the United States Strategic Command, shall submit to the congressional defense committees and 

to the Committee on Foreign Affairs of the House of Representatives 

and the Committee on Foreign Relations of the Senate a plan 

for the Department of Defense to implement the nuclear force 

reductions, limitations, and verification and transparency measures 

contained in the New START Treaty. 

(b) MATTERS INCLUDED.—The plan under subsection (a) shall 

include the following: 

(1) A description of the nuclear force structure of the United 

States under the New START Treaty, including— 

(A) the composition of intercontinental ballistic missiles, submarine launched ballistic missiles, and bombers; 

(B) the planned composition of the types and quantity 

of warheads for each delivery vehicle described in subparagraph (A); 

(C) the number of nondeployed and retired warheads; 

and 

(D) the plans for maintaining the flexibility of the 

nuclear force structure within the limits of the New START 

Treaty. 

(2) A description of changes necessary to implement the 

reductions, limitations, and verification and transparency measures contained in the New START Treaty, including— 

(A) how each military department plans to implement 

such changes; and 

(B) an identification of any programmatic, operational, 

or policy effects resulting from such changes. 

(3) The total costs associated with the reductions, limitations, and verification and transparency measures contained 

in the New START Treaty, and the funding profile by year 

and program element. 

(4) An implementation schedule and associated key decision 

points. 

(5) A description of options for and feasibility of accelerating 

the implementation of the New START Treaty, including a 

description of any potential cost savings, benefits, or risks 

resulting from such acceleration. 

(6) Any other information the Secretary considers necessary. 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 180 days 

after the date on which the plan is submitted under subsection 

(a), the Comptroller General of the United States shall submit 

to the congressional defense committees a review of the plan. 

Deadline. 

Deadline. 

Applicability. 


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(d) FORM.—The plan under subsection (a) and the review under 

subsection (c) shall be submitted in unclassified form, but may 

include a classified annex. 

(e) NEW START TREATY DEFINED.—In this section, the term 

‘‘New START Treaty’’ means the Treaty between the United States 

of America and the Russian Federation on Measures for the Further 

Reduction and Limitation of Strategic Offensive Arms, signed on 

April 8, 2010, and entered into force on February 5, 2011. 

SEC. 1043. ANNUAL REPORT ON THE PLAN FOR THE NUCLEAR 

WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, 

NUCLEAR WEAPONS DELIVERY SYSTEMS, AND NUCLEAR 

WEAPONS COMMAND AND CONTROL SYSTEM. 

(a) REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, NUCLEAR WEAPONS DELIVERY

SYSTEMS, AND NUCLEAR WEAPONS COMMAND AND CONTROL

SYSTEM.— 

(1) IN GENERAL.—Together with the budget of the President 

submitted to Congress under section 1105(a) of title 31, United 

States Code, for each of fiscal years 2013 through 2019, the 

President, in consultation with the Secretary of Defense and 

the Secretary of Energy, shall transmit to the congressional 

defense committees, the Committee on Foreign Relations of 

the Senate, and the Committee on Foreign Affairs of the House 

of Representatives a detailed report on the plan for the nuclear 

weapons stockpile, nuclear weapons complex, nuclear weapons 

delivery systems, and nuclear weapons command and control 

system. 

(2) ELEMENTS.—Each report required under paragraph (1) 

shall include the following: 

(A) A detailed description of the plan to enhance the 

safety, security, and reliability of the nuclear weapons 

stockpile of the United States. 

(B) A detailed description of the plan to sustain and 

modernize the nuclear weapons complex, including 

improving the safety of facilities, modernizing the infrastructure, and maintaining the key capabilities and competencies of the nuclear weapons workforce, including 

designers and technicians. 

(C) A detailed description of the plan to maintain, 

modernize, and replace delivery systems for nuclear 

weapons. 

(D) A detailed description of the plan to sustain and 

modernize the nuclear weapons command and control 

system. 

(E) A detailed description of any plans to retire, dismantle, or eliminate any nuclear warheads or bombs, 

nuclear weapons delivery systems, or any platforms 

(including silos and submarines) which carry such nuclear 

warheads, bombs, or delivery systems. 

(F) A detailed estimate of budget requirements, 

including the costs associated with the plans outlined under 

subparagraphs (A) through (E), over the 10-year period 

following the date of the report. 

(G) A detailed description of the steps taken to implement the plan submitted in the previous year, including 

President. 


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difficulties encountered in implementing the plan in the 

previous year. 

(b) FORM.—The reports under subsection (a) shall be submitted 

in unclassified form (including as much detail as possible), but 

may include a classified annex. 

SEC. 1044. SENSE OF CONGRESS ON NUCLEAR FORCE REDUCTIONS. 

It is the sense of Congress that— 

(1) any reductions in the nuclear forces of the United 

States should be supported by a thorough assessment of the 

strategic environment, threat, and policy and the technical 

and operational implications of such reductions; and 

(2) specific criteria are necessary to guide future decisions 

regarding further reductions in the nuclear forces of the United 

States. 

SEC. 1045. NUCLEAR FORCE REDUCTIONS. 

(a) IMPLEMENTATION OF NEW START TREATY.— (1) SENSE OF CONGRESS.—It is the Sense of Congress that— 

(A) the United States is committed to maintaining 

a safe, secure, reliable, and credible nuclear deterrent; 

(B) the United States should undertake and support 

an enduring stockpile stewardship program and maintain 

and modernize nuclear weapons production capabilities and 

capacities to ensure the safety, security, reliability, and 

credibility of the United States nuclear deterrent and to 

meet requirements for hedging against possible international developments or technical problems; 

(C) the United States should maintain nuclear weapons 

laboratories and plants and preserve the intellectual infrastructure, including competencies and skill sets; and 

(D) the United States should provide the necessary 

resources to achieve these goals, using as a starting point 

the levels set forth in the President’s 10-year plan provided 

to Congress pursuant to section 1251 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 2549). 

(2) REPORT.—If the President determines that an appropriations Act is enacted that fails to meet the resource requirements set forth in the plan referred to in section 1251 of 

the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2549), or, if at any time, determines that more resources are required to carry out such plan 

than were estimated, the President shall submit to Congress, 

within 60 days of making such a determination, a report 

detailing— 

(A) a plan to address the resource shortfall; 

(B) if more resources are required to carry out the 

plan than were estimated, the level of funding needed, 

and a detailed explanation of the purpose or purposes 

for which the additional resources will be used; 

(C) any effects on the safety, security, reliability, or 

credibility of United States nuclear forces due to the shortfall or the identified additional resources required; and 

(D) an explanation of whether any planned reductions 

in United States nuclear forces are still in the national 

interest of the United States in view of the resource shortfall or the identification of additional required resources. 

President. 

Determination. 

50 USC 2523b. 


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(b) ANNUAL REPORT ON THE NUCLEAR WEAPONS STOCKPILE

OF THE UNITED STATES.— (1) SENSE OF CONGRESS.—It is the sense of Congress that— 

(A) sustained investments in the nuclear weapons 

stockpile and the nuclear security complex are needed to 

ensure a safe, secure, reliable, and credible nuclear deterrent; and 

(B) such investments could enable additional future 

reductions in the hedge stockpile. 

(2) REPORT REQUIRED.—Not later than March 1, 2012, and 

annually thereafter, the Secretary of Defense shall submit to 

the congressional defense committees a report on the nuclear 

weapons stockpile of the United States that includes the following: 

(A) An accounting of the weapons in the stockpile 

as of the end of the fiscal year preceding the submission 

of the report that includes all weapons in the active and 

inactive stockpiles, both deployed and non-deployed, and 

all categories and readiness states of such weapons. 

(B) The planned force levels for each category of 

nuclear weapon over the course of the future-years defense 

program submitted to Congress under section 221 of title 

10, United States Code, for the fiscal year following the 

fiscal year in which the report is submitted. 

(c) NET ASSESSMENT OF NUCLEAR FORCE LEVELS REQUIRED

WITH RESPECT TO CERTAIN PROPOSALS TO REDUCE THE NUCLEAR

WEAPONS STOCKPILE OF THE UNITED STATES.— 

(1) IN GENERAL.—If, during any year beginning after the 

date of the enactment of this Act, the President makes a proposal described in subsection (b)— 

(A) the Commander of United States Strategic Command shall conduct a net assessment of the current and 

proposed nuclear forces of the United States and of other 

countries that possess nuclear weapons to determine 

whether the nuclear forces of the United States are anticipated to be capable of meeting the objectives of the United 

States with respect to nuclear deterrence, extended deterrence, assurance of allies, and defense; 

(B) the Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and House 

of Representatives the assessment described in subparagraph (A), unchanged, together with the explanatory views 

of the Secretary, as the Secretary deems appropriate; and 

(C) the Administrator of the National Nuclear Security 

Administration shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a 

report describing the current capacities of the United States 

nuclear weapons infrastructure to respond to a strategic 

development or technical problem in the United States 

nuclear weapons stockpile. 

(2) PROPOSAL DESCRIBED.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), a proposal described in this paragraph is a proposal 

to reduce the number of nuclear weapons in the active 

or inactive stockpiles of the United States to a level that 

is lower than the level on the date of the enactment of 

this Act. 

President. 


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(B) EXCEPTIONS.—A proposal described in this paragraph does not include— 

(i) reductions that are a direct result of activities 

associated with routine stockpile stewardship, 

including stockpile surveillance, logistics, or maintenance; or 

(ii) nuclear weapons retired or awaiting dismantlement on the date of the enactment of this Act. 

(3) TERMINATION.—The requirement in paragraph (1) shall 

terminate on December 31, 2017. 

SEC. 1046. NUCLEAR EMPLOYMENT STRATEGY OF THE UNITED STATES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) any future modification to the nuclear employment 

strategy of the United States should maintain or enhance the 

ability of the nuclear forces of the United States to support 

the goals of the United States with respect to nuclear deterrence, extended deterrence, and assurances for allies, and the 

defense of the United States; and 

(2) the oversight responsibility of Congress includes oversight of the nuclear employment strategy of the United States 

and that therefore the Chairmen and Ranking Members of 

the Committees on Armed Services of the Senate and House 

of Representatives, and such professional staff as they designate, should have access to the nuclear employment strategy 

of the United States. 

(b) REPORTS ON MODIFICATION OF STRATEGY.— 

(1) IN GENERAL.—Chapter 23 title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 491. Nuclear employment strategy of the United States: 

reports on modification of strategy 

‘‘On the date on which the President issues a nuclear employment strategy of the United States that differs from the nuclear 

employment strategy of the United States then in force, the President shall submit to Congress a report setting forth the following: 

‘‘(1) A description of the modifications to nuclear employment strategy of the United States made by the strategy so 

issued. 

‘‘(2) An assessment of effects of such modification for the 

nuclear posture of the United States. 

‘‘(3) The implication of such changes on the flexibility and 

resilience of the strategic forces of the United States and the 

ability of such forces to support the goals of the United States 

with respect to nuclear deterrence, extended deterrence, assurance, and defense.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 23 of such title is amended by adding 

at the end the following new item: 

‘‘491. Nuclear employment strategy of the United States: reports on modification of 

strategy.’’. 

SEC. 1047. COMPTROLLER GENERAL REPORT ON NUCLEAR WEAPON 

CAPABILITIES AND FORCE STRUCTURE REQUIREMENTS. 

(a) COMPTROLLER GENERAL STUDY REQUIRED.—The Comptroller 

General of the United States shall conduct a study on the strategic 

President. 


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nuclear weapons capabilities, force structure, employment policy, 

and targeting requirements of the Department of Defense. 

(b) MATTERS COVERED.—The study conducted under subsection 

(a) shall, at minimum, cover the following: 

(1) An update to the September 1991 report of the Comptroller General (GAO/NSIAD–91–319FS) titled ‘‘Strategic 

Weapons: Nuclear Weapons Targeting Process’’ that 

addresses— 

(A) the relationship between the strategic nuclear targeting process and the determination of requirements for 

nuclear weapons and related delivery systems; 

(B) the level of civilian oversight; 

(C) the categories and types of targets; and 

(D) any other matters addressed in such report or 

are otherwise considered appropriate by the Comptroller 

General. 

(2) The process and rigor used to determine the effectiveness of nuclear weapons capabilities, force structures, employment policies, and targeting requirements in achieving the 

goals of deterrence, extended deterrence, assurance, and 

defense. 

(3) An assessment of the requirements of the Department 

of Defense for strategic nuclear bomber aircraft and intercontinental ballistic missiles, including assessments of the extent 

to which the Secretary of Defense has— 

(A) determined the force structure and capability 

requirements for nuclear-capable strategic bomber aircraft, 

bomber-delivered nuclear weapons, and intercontinental 

ballistic missiles; 

(B) synchronized the requirements described in 

subparagraph (A) with plans to extend the service life 

of nuclear gravity bombs, nuclear-armed cruise missiles, 

and intercontinental ballistic missile warheads; and 

(C) evaluated long-term intercontinental ballistic missile alert posture requirements and basing options. 

(c) REPORTS.— 

(1) IN GENERAL.—The Comptroller General shall submit 

to the congressional defense committees one or more reports 

on the study conducted under subsection (a). 

(2) FORM.—Any report submitted under this subsection 

may be submitted in classified form, but if so submitted, an 

unclassified version shall also be submitted with such submission or at a later date. 

(d) COOPERATION.—The Secretary of Defense and Secretary of 

Energy shall provide the Comptroller General full cooperation and 

access to appropriate officials and information for the purposes 

of conducting this study under subsection (a). 

SEC. 1048. REPORT ON FEASIBILITY OF JOINT REPLACEMENT FUZE 

PROGRAM. 

Not later than December 31, 2012, the Secretary of the Navy 

and the Secretary of the Air Force shall jointly submit to the 

congressional defense committees a report on the feasibility of the 

joint replacement fuze program for nuclear warheads of the Navy 

and the Air Force. The report shall include an assessment of the 

feasibility of including various options in the joint fuze and how 


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the inclusion of such options will affect safety, security, reliability, 

and adaptability, as well as the program schedule and budget. 

Subtitle F—Financial Management 

SEC. 1051. MODIFICATION OF AUTHORITIES ON CERTIFICATION AND 

CREDENTIAL STANDARDS FOR FINANCIAL MANAGEMENT 

POSITIONS IN THE DEPARTMENT OF DEFENSE. 

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

is amended to read as follows: 

‘‘§ 1599d. Financial management positions: authority to prescribe professional certification and credential 

standards 

‘‘(a) AUTHORITY TO PRESCRIBE PROFESSIONAL CERTIFICATION

AND CREDENTIAL STANDARDS.—The Secretary of Defense may prescribe professional certification and credential standards for financial management positions within the Department of Defense, 

including requirements for formal education and requirements for 

certifications that individuals have met predetermined qualifications set by an agency of Government or by an industry or professional group. Any such professional certification or credential 

standard shall be prescribed as a Department regulation. 

‘‘(b) WAIVER.—The Secretary may waive any standard prescribed under subsection (a) whenever the Secretary determines 

such a waiver to be appropriate. 

‘‘(c) APPLICABILITY.—(1) Except as provided in paragraph (2), 

the Secretary may, in the Secretary’s discretion— 

‘‘(A) require that a standard prescribed under subsection 

(a) apply immediately to all personnel holding financial 

management positions designated by the Secretary; or 

‘‘(B) delay the imposition of such a standard for a reasonable period to permit persons holding financial management 

positions so designated time to comply. 

‘‘(2) A formal education requirement prescribed under subsection (a) shall not apply to any person employed by the Department in a financial management position before the standard is 

prescribed. 

‘‘(d) DISCHARGE OF AUTHORITY.—The Secretary shall prescribe 

any professional certification or credential standards under subsection (a) through the Under Secretary of Defense (Comptroller), 

in consultation with the Under Secretary of Defense for Personnel 

and Readiness. 

‘‘(e) REPORTS.—Not later than one year after the effective date 

of any regulations prescribed under subsection (a), or any significant 

modification of such regulations, the Secretary shall, in conjunction 

with the Director of the Office of Personnel Management, submit 

to Congress a report setting forth the plans of the Secretary to 

provide training to appropriate Department personnel to meet any 

new professional certification or credential standard under such 

regulations or modification. 

‘‘(f) FINANCIAL MANAGEMENT POSITION DEFINED.—In this section, the term ‘financial management position’ means a position 

or group of positions (including civilian and military positions), 

as designated by the Secretary for purposes of this section, that 

Regulations. 


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perform, supervise, or manage work of a fiscal, financial management, accounting, auditing, cost, or budgetary nature, or that 

require the performance of financial management-related work.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of such title is amended by striking the item 

relating to section 1599d and inserting the following new item: 

‘‘1599d. Financial management positions: authority to prescribe professional certification and credential standards.’’. 

SEC. 1052. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL 

STATEMENTS. 

Section 1008(c) of the National Defense Authorization Act for 

Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1206; 10 U.S.C. 

113 note) is amended by striking ‘‘Not later than October 31’’ 

and inserting ‘‘Not later than the date that is 180 days prior 

to the date set by the Office of Management and Budget for the 

submission of financial statements’’. 

SEC. 1053. INCLUSION OF PLAN ON THE FINANCIAL MANAGEMENT 

WORKFORCE IN THE STRATEGIC WORKFORCE PLAN OF 

THE DEPARTMENT OF DEFENSE. 

Section 115b of title 10, United States Code, is amended— 

(1) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) FINANCIAL MANAGEMENT WORKFORCE.—(1) Each strategic 

workforce plan under subsection (a) shall include a separate chapter 

to specifically address the shaping and improvement of the financial 

management workforce of the Department of Defense, including 

both military and civilian personnel of that workforce. 

‘‘(2) For purposes of paragraph (1), each plan shall include, 

with respect to the financial management workforce of the Department— 

‘‘(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1); 

‘‘(B) a plan of action meeting the requirements set forth 

in subparagraphs (A) through (F) of subsection (b)(2); 

‘‘(C) specific steps that the Department has taken or plans 

to take to develop appropriate career paths for civilian 

employees in the financial management field and to implement 

the requirements of section 1599d of this title; and 

‘‘(D) a plan for funding needed improvements in the financial management workforce of the Department through the 

period of the current future-years defense program under section 221 of this title, including a description of any continuing 

shortfalls in funding available for that workforce.’’. 

SEC. 1054. TRACKING IMPLEMENTATION OF DEPARTMENT OF 

DEFENSE EFFICIENCIES. 

(a) ANNUAL ASSESSMENTS.—For each of fiscal years 2012 

through 2016, the Comptroller General of the United States shall 

carry out an assessment of the extent to which the Department 

of Defense has tracked and realized the savings proposed pursuant 

to the initiative led by the Secretary of Defense to identify at 

least $100,000,000,000 in efficiencies during fiscal years 2012 

through 2016. 

Deadline. 


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(b) ANNUAL REPORT.—Not later than October 30 of each of 

2012 through 2016, the Comptroller General shall submit to the 

congressional defense committees a report on the assessment carried 

out under subsection (a) for the fiscal year ending on September 

30 of that year. Each such report shall include the recommendations 

of the Comptroller General with respect to the matter covered 

by the assessment. 

Subtitle G—Repeal and Modification of 

Reporting Requirements 

SEC. 1061. REPEAL OF REPORTING REQUIREMENTS UNDER TITLE 10, 

UNITED STATES CODE. 

Title 10, United States Code, is amended as follows: 

(1) Section 127a(a) is amended— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraph (4) as paragraph (3). 

(2) Section 184 is amended by striking subsection (h). 

(3)(A) Section 226 is repealed. 

(B) The table of sections at the beginning of chapter 9 

is amended by striking the item relating to section 226. 

(4)(A) Section 427 is repealed. 

(B) The table of sections at the beginning of subchapter 

I of chapter 21 is amended by striking the item relating to 

section 427. 

(5) Section 437 is amended by striking subsection (c). 

(6)(A) Section 484 is repealed. 

(B) The table of sections at the beginning of chapter 23 

is amended by striking the item relating to section 484. 

(7)(A) Section 485 is repealed. 

(B) The table of sections at the beginning of chapter 23 

is amended by striking the item relating to section 485. 

(8)(A) Section 486 is repealed. 

(B) The table of sections at the beginning of chapter 23 

is amended by striking the item relating to section 486. 

(9)(A) Section 487 is repealed. 

(B) The table of sections at the beginning of chapter 23 

is amended by striking the item relating to section 487. 

(10)(A) Section 490 is repealed. 

(B) The table of sections at the beginning of chapter 23 

is amended by striking the item relating to section 490. 

(11) Section 983(e)(1) is amended— 

(A) by striking the comma after ‘‘Secretary of Education’’ and inserting ‘‘and’’; and 

(B) by striking ‘‘, and to Congress’’. 

(12) Section 2010 is amended— 

(A) by striking subsection (b); and 

(B) by redesignating subsections (c), (d), and (e) as 

subsections (b), (c), and (d), respectively. 

(13)(A) Section 2282 is repealed. 

(B) The table of sections at the beginning of chapter 136 

is amended by striking the item relating to section 2282. 

(14) Section 2350a(g) is amended by striking paragraph 

(3). 

(15) Section 2410m is amended by striking subsection (c). 

(16) Section 2485(a) is amended— 


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(A) by striking ‘‘(1)’’; and 

(B) by striking paragraph (2). 

(17) Section 2493 is amended by striking subsection (g). 

(18) Section 2515 is amended by striking subsection (d). 

(19)(A) Section 2582 is repealed. 

(B) The table of sections at the beginning of chapter 153 

is amended by striking the item relating to section 2582. 

(20) Section 2583 is amended— 

(A) by striking subsection (f); and 

(B) by redesignating subsection (g) as subsection (f). 

(21) Section 2688 is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘(1)’’ before ‘‘The Secretary of a 

military department’’; and 

(ii) by striking paragraphs (2) and (3); 

(B) in subsection (d)(2), by striking the second sentence; 

(C) by striking subsection (f); and 

(D) in subsection (h), by striking the last sentence. 

(22)(A) Section 2706 is repealed. 

(B) The table of sections at the beginning of chapter 160 

is amended by striking the item relating to section 2706. 

(23)(A) Section 2815 is repealed. 

(B) The table of sections at the beginning of subchapter 

I of chapter 169 is amended by striking the item relating 

to section 2815. 

(24) Section 2825(c)(1) is amended— 

(A) by inserting ‘‘and’’ at the end of subparagraph 

(A); 

(B) by striking the semicolon at the end of subparagraph (B) and inserting a period; and 

(C) by striking subparagraphs (C) and (D). 

(25) Section 2836 is amended— 

(A) in subsection (b)— 

(i) by striking ‘‘(1)’’ before ‘‘The Secretary of a 

military department’’; and 

(ii) by striking paragraph (2); 

(B) by striking subsection (f); and 

(C) by redesignating subsection (g) as subsection (f). 

(26) Section 5143 is amended by striking subsection (e). 

(27)(A) Section 7296 is repealed. 

(B) The table of sections at the beginning of chapter 633 

is amended by striking the item relating to section 7296. 

(28) Section 12302(b) is amended by striking the last sentence. 

(29)(A) Section 16137 is repealed. 

(B) The table of sections at the beginning of chapter 1606 

is amended by striking the item relating to section 16137. 

(30) Section 12302(b) is amended by striking the last sentence. 

SEC. 1062. REPEAL OF REPORTING REQUIREMENTS UNDER ANNUAL 

DEFENSE AUTHORIZATION ACTS. 

(a) FISCAL YEAR 2010.—Section 219 (123 Stat. 2228) of the 

National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84) is amended by striking subsection (c). 


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(b) FISCAL YEAR 2009.—Section 1504 of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 

2358 note) is amended by striking subsection (c). 

(c) FISCAL YEAR 2008.—Section 885(a)(2) (10 U.S.C. 2304 note) 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181) is amended by striking the last sentence. 

(d) FISCAL YEAR 2007.—The John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364) is 

amended as follows: 

(1) Section 347 (10 U.S.C. 221 note) is repealed. 

(2) Section 731 (10 U.S.C. 1095c note) is amended— 

(A) by striking subsection (d); and 

(B) by redesignating subsection (e) as subsection (d). 

(3) Section 732 (10 U.S.C. 1073 note) is amended by striking 

subsection (d). 

(4) Section 1231 (22 U.S.C. 2776a) is repealed. 

(5) Section 1402 (10 U.S.C. 113 note) is repealed. 

(e) FISCAL YEAR 2006.—Section 716 of the National Defense 

Authorization Act for Fiscal Year 2006 (10 U.S.C. 1073 note) is 

amended— 

(1) by striking subsection (b); and 

(2) by redesignating subsection (c) as subsection (b). 

(f) FISCAL YEAR 2005.—The Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 

375) is amended as follows: 

(1) Section 731 (10 U.S.C. 1074 note) is amended by striking 

subsection (c). 

(2) Section 1041 (10 U.S.C. 229 note) is repealed. 

(g) FISCAL YEAR 2004.—The National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136) is amended as 

follows: 

(1) Section 586 (117 Stat. 1493) is repealed. 

(2) Section 812 (117 Stat. 1542) is amended by striking 

subsection (c). 

(3) Section 1601(d) (10 U.S.C. 2358 note) is amended— 

(A) by striking paragraph (5); and 

(B) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. 

(h) FISCAL YEAR 2002.—Section 232 of the National Defense 

Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is 

amended by striking subsections (c) and (d). 

(i) FISCAL YEAR 2001.—The Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398) is amended as follows: 

(1) Section 374 (10 U.S.C. 2851 note) is repealed. 

(2) Section 1212 (114 Stat. 1654A–326) is amended by 

striking subsections (c) and (d). 

(3) Section 1213 (114 Stat. 1654A–327) is repealed. 

(j) FISCAL YEAR 2000.—The National Defense Authorization 

Act for Fiscal Year 2000 (Public Law 106–65) is amended as follows: 

(1) Section 723 (10 U.S.C. 1071 note) is amended— 

(A) in subsection (d)— 

(i) by striking paragraph (5); and 

(ii) by redesignating paragraphs (6) and (7) as 

paragraphs (5) and (6), respectively; and 

(B) by striking subsection (e). 

(2) Section 1025 (10 U.S.C. 113 note) is repealed. 

10 USC 2501 

note. 


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(3) Section 1035 (113 Stat. 753), as amended by section 

1211 of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–325), is repealed. 

(k) FISCAL YEAR 1998.—The National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85) is amended as follows: 

(1) Section 349 (10 U.S.C. 2702 note) is amended by striking 

subsection (e). 

(2) Section 743 (111 Stat. 1817) is amended by striking 

subsection (f). 

(l) FISCAL YEAR 1997.—Section 218 of the National Defense 

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 

Stat. 2455) is repealed. 

(m) FISCAL YEARS 1992 AND 1993.—Section 2868 of the National 

Defense Authorization Act for Fiscal Years 1992 and 1993 (10 

U.S.C. 2802 note) is repealed. 

(n) FISCAL YEAR 1991.—Section 831 of the National Defense 

Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is 

amended— 

(1) by striking subsection (l); and 

(2) by redesignating subsection (m) as subsection (1). 

SEC. 1063. REPEAL OF REPORTING REQUIREMENTS UNDER OTHER 

LAWS. 

(a) TITLE 37.—Section 402a of title 37, United States Code, 

is amended— 

(1) by striking subsection (f); and 

(2) by redesignating subsections (g) and (h) as subsections 

(f) and (g), respectively. 

(b) TITLE 38.—Section 3020 of title 38, United States Code, 

is amended— 

(1) by striking subsection (l); and 

(2) by redesignating subsection (m) as subsection (1). 

(c) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Section 

172 of the National and Community Service Act of 1990 (42 U.S.C. 

12632) is amended by striking subsection (c). 

SEC. 1064. MODIFICATION OF REPORTING REQUIREMENTS UNDER 

TITLE 10, UNITED STATES CODE. 

Title 10, United States Code, is amended as follows: 

(1) Section 113(j) is amended— 

(A) in paragraph (1)— 

(i) by striking subparagraphs (A) and (C); 

(ii) by redesignating subparagraph (B) as subparagraph (A); and 

(iii) by inserting after subparagraph (A), as 

redesignated by clause (ii), the following new subparagraph (B): 

‘‘(B) The amount of direct and indirect support for the 

stationing of United States forces provided by each host 

nation.’’; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraph (3) as paragraph (2). 

(2) Section 116 is amended— 

(A) by redesignating subsection (b) as subsection (c); 

and 

(B) by inserting after subsection (a) the following new 

subsection (b): 


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‘‘(b) The Secretary may submit the report required by subsection 

(a) by including the materials required in the report as an exhibit 

to the defense authorization request submitted pursuant to section 

113a of this title in the fiscal year concerned.’’. 

(3) Section 127b(f) is amended by striking ‘‘December 1’’ 

and inserting ‘‘February 1’’. 

(4)(A) Section 228 is amended— 

(i) in subsection (a)— 

(I) by striking ‘‘QUARTERLY REPORT.—’’ and 

inserting ‘‘BIANNUAL REPORT.—’’; 

(II) by striking ‘‘a quarterly report’’ and inserting 

‘‘a biannual report’’; and 

(III) by striking ‘‘fiscal-year quarter’’ and inserting 

‘‘two fiscal-year quarters’’; and 

(ii) in subsection (c)— 

(I) by striking ‘‘(1)’’; 

(II) by striking ‘‘a quarter of a fiscal year after 

the first quarter of that fiscal year’’ and inserting ‘‘the 

second two fiscal-year quarters of a fiscal year’’; 

(III) by striking ‘‘the first quarter of that fiscal 

year’’ and inserting ‘‘the first two fiscal-year quarters 

of that fiscal year’’; and 

(IV) by striking paragraph (2). 

(B)(i) The heading of such section is amended to read 

as follows: 

‘‘§ 228. Biannual reports on allocation of funds within operation and maintenance budget subactivities’’. 

(ii) The table of sections at the beginning of chapter 9 

is amended by striking the item relating to section 228 and 

inserting the following new item: 

‘‘228. Biannual reports on allocation of funds within operation and maintenance 

budget subactivities.’’. 

(5) Subsection (f) of section 408 is amended to read as 

follows: 

‘‘(f) CONGRESSIONAL OVERSIGHT.—Whenever the Secretary of 

Defense provides assistance to a foreign nation under this section, 

the Secretary shall submit to the congressional defense committees 

a report on the assistance provided. Each such report shall identify 

the nation to which the assistance was provided and include a 

description of the type and amount of the assistance provided.’’. 

(6) Section 2482(d)(1) is amended by inserting ‘‘in the 

United States’’ after ‘‘commissary store’’. 

(7) Section 2608(e)(1) is amended— 

(A) by striking ‘‘each quarter’’ and inserting ‘‘the second 

quarter and the fourth quarter’’; and 

(B) by striking ‘‘the preceding quarter’’ and inserting 

‘‘the preceding two quarters’’. 

(8) Section 2645(d) is amended by striking ‘‘$1,000,000’’ 

and inserting ‘‘$10,000,000’’. 

(9) Section 2803(b) is amended by striking ‘‘21-day period’’ 

and inserting ‘‘seven-day period’’. 

(10) Section 9514(c) is amended by striking ‘‘$1,000,000’’ 

and inserting ‘‘$10,000,000’’. 

(11) Section 10543(c)(3) is amended by striking ‘‘15 days’’ 

and inserting ‘‘90 days’’. 


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125 STAT. 1588 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 1065. MODIFICATION OF REPORTING REQUIREMENTS UNDER 

OTHER TITLES OF THE UNITED STATES CODE. 

(a) TITLE 32.—Section 908(a) of title 32, United States Code, 

is amended by striking ‘‘After the end of each fiscal year,’’ and 

inserting ‘‘After the end of any fiscal year during which any assistance was provided or activities were carried out under this 

chapter,’’. 

(b) TITLE 37.—Section 316a(f) of title 37, United States Code, 

is amended by striking ‘‘January 1, 2010’’ and inserting ‘‘April 

1, 2012’’. 

SEC. 1066. MODIFICATION OF REPORTING REQUIREMENTS UNDER 

ANNUAL DEFENSE AUTHORIZATION ACTS. 

(a) FISCAL YEAR 2010.—Section 121(e) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2212) is amended by striking paragraph (5). 

(b) FISCAL YEAR 2008.—The National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181) is amended as 

follows: 

(1) Section 958 (122 Stat. 297) is amended— 

(A) in subsection (a), by striking ‘‘annually thereafter’’ 

and inserting ‘‘by June 30 each year thereafter’’; and 

(B) in subsection (d), by striking ‘‘December 31, 2013’’ 

and inserting ‘‘June 30, 2014’’. 

(2) Section 1107 (10 U.S.C. 2358 note) is amended— 

(A) in subsection (d)— 

(i) by striking ‘‘beginning with March 1, 2008,’’; 

and 

(ii) by inserting ‘‘a report containing’’ after ‘‘to 

Congress’’; and 

(B) in subsection (e)— 

(i) in paragraph (1), by striking ‘‘Not later than’’ 

and all that follows through ‘‘the information’’ and 

inserting ‘‘The Secretary shall include in each report 

under subsection (d) the information’’; and 

(ii) in paragraph (2), by striking ‘‘under this subsection’’ and inserting ‘‘under subsection (d)’’. 

(3) Section 1674(c) (122 Stat. 483) is amended— 

(A) by striking ‘‘After submission’’ and all the follows 

through ‘‘that patients,’’ and inserting ‘‘Patients,’’; and 

(B) by striking ‘‘have not been moved or disestablished 

until’’ and inserting ‘‘may not be moved or disestablished 

until the Secretary of Defense has certified to the congressional defense committees that’’. 

(c) FISCAL YEAR 2007.—Subsection (a) of section 1104 of the 

John Warner National Defense Authorization Act for Fiscal Year 

2007 (10 U.S.C. note prec. 711) is amended to read as follows: 

‘‘(a) REPORTS ON DETAILS AND FELLOWSHIPS OF LONG DURATION.—Whenever a member of the Armed Forces or a civilian 

employee of the Department of Defense serves continuously in 

the Legislative Branch for more than 12 consecutive months in 

one or a combination of covered legislative details or fellowships, 

the Secretary of Defense shall submit to the congressional defense 

committees, within 90 days, and quarterly thereafter for as long 

as the service continues, a report on the service of the member 

or employee.’’. 


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(d) FISCAL YEAR 2001.—Section 1308(c) of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 

5959(c)) is amended— 

(1) by striking paragraph (7); and 

(2) by redesignating paragraph (8) as paragraph (7). 

(e) FISCAL YEAR 2000.—The National Defense Authorization 

Act for Fiscal Year 2000 (Public Law 106–65) is amended as follows: 

(1) Section 1202(b)(11) (10 U.S.C. 113 note) is amended 

by adding at the end the following new subparagraph: 

‘‘(G) The Secretary’s certification whether or not any 

military-to-military exchange or contact was conducted 

during the period covered by the report in violation of 

section 1201(a).’’. 

(2) Section 1201 (10 U.S.C. 168 note) is amended by striking 

subsection (d). 

SEC. 1067. MODIFICATION OF REPORTING REQUIREMENTS UNDER 

OTHER LAWS. 

(a) SMALL BUSINESS ACT.—Section 9 of the Small Business 

Act (15 U.S.C. 638) is amended— 

(1) in subsection (b)(7), by inserting ‘‘and including an 

accounting of funds, initiatives, and outcomes under the 

Commercialization Pilot Program’’ after ‘‘and (o)(15),’’; and 

(2) in subsection (y), by striking paragraph (5). 

(b) IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION

ACT OF 2007.—Section 1821(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 

2911(b)(2)) is amended in the first sentence by striking ‘‘of each 

year’’ and inserting ‘‘of each even-numbered year’’. 

Subtitle H—Studies and Reports 

SEC. 1068. TRANSMISSION OF REPORTS IN ELECTRONIC FORMAT. 

Section 122a(a) of title 10, United States Code, is amended 

by striking ‘‘made available’’ and all that follows through the period 

and inserting the following new paragraphs: 

‘‘(1) made available to the public, upon request submitted 

on or after the date on which such report is submitted to 

Congress, through the Office of the Assistant Secretary of 

Defense for Public Affairs; and 

‘‘(2) to the maximum extent practicable, transmitted in 

an electronic format.’’. 

SEC. 1069. MODIFICATIONS TO ANNUAL AIRCRAFT PROCUREMENT 

PLAN. 

(a) IN GENERAL.—Section 231a of title 10, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘The Secretary’’ and inserting ‘‘Not 

later than 45 days after the date on which the President submits to Congress the budget for a fiscal year’’; 

and 

(ii) by striking ‘‘include with the defense budget 

materials for each fiscal year’’ and insert ‘‘submit to 

the congressional defense committees’’; and 

Public 

information. 


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(B) in paragraph (1), by inserting ‘‘, the Department 

of the Army,’’ after ‘‘Navy’’; 

(2) in subsection (b)— 

(A) in paragraph (4), by striking ‘‘Strategic’’ and 

inserting ‘‘Intertheater’’; 

(B) by redesignating paragraph (8) as paragraph (11); 

and 

(C) by inserting after paragraph (7) the following new 

paragraphs: 

‘‘(8) Remotely piloted aircraft. 

‘‘(9) Rotary-wing aircraft. 

‘‘(10) Operational support and executive lift aircraft.’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘national security 

strategy of the United States’’ and inserting ‘‘national military strategy of the United States’’; and 

(B) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘, the Department of the Army,’’ after ‘‘Navy’’; 

(ii) in subparagraph (B), by striking ‘‘national security strategy of the United States’’ and inserting 

‘‘national military strategy of the United States’’; 

(iii) in subparagraph (C)— 

(I) by inserting ‘‘investment’’ before ‘‘funding’’; 

(II) by striking ‘‘the program’’ and inserting 

‘‘each aircraft program’’; 

(III) by inserting before the period at the end 

the following: ‘‘, set forth in aggregate for the 

Department of Defense and in aggregate for each 

military department’’; 

(iv) by redesignating subparagraph (D) as subparagraph (F); 

(v) by inserting after subparagraph (C) the following new subparagraphs: 

‘‘(D) The estimated level of annual funding necessary to 

operate, maintain, sustain, and support each aircraft program 

throughout the life-cycle of the program, set forth in aggregate 

for the Department of Defense and in aggregate for each military department. 

‘‘(E) For each of the cost estimates required by subparagraphs (C) and (D)— 

‘‘(i) a description of whether the cost estimate is derived 

from the cost estimate position of the military department 

or derived from the cost estimate position of the Cost 

Analysis and Program Evaluation office of the Secretary 

of Defense; 

‘‘(ii) if the cost estimate position of the military department and the cost estimate position of the Cost Analysis 

and Program Evaluation office differ by more than .5 percent for any aircraft program, an annotated cost estimate 

difference and sufficient rationale to explain the difference; 

and 

‘‘(iii) the confidence or certainty level associated with 

the cost estimate for each aircraft program.’’. 

(vi) in subparagraph (F), as redesignated by clause 

(iv), by inserting ‘‘, the Department of the Army,’’ after 

‘‘Navy’’; 


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(C) by adding at the end the following new paragraphs: 

‘‘(3) For any cost estimate required by paragraph (2)(C) or 

(D), for any aircraft program for which the Secretary is required 

to include in a report under section 2432 of this title, the source 

of the cost information used to prepare the annual aircraft plan, 

shall be sourced from the Selected Acquisition Report data that 

the Secretary plans to submit to the congressional defense committees in accordance with subsection (f) of that section for the year 

for which the annual aircraft plan is prepared. 

‘‘(4) The annual aircraft procurement plan shall be submitted 

in unclassified form and shall contain a classified annex.’’; 

(4) in subsection (d), by inserting ‘‘, the Department of 

the Army,’’ after ‘‘Navy’’; 

(5) by redesignating subsection (e) as subsection (f); 

(6) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) ANNUAL REPORT ON AIRCRAFT INVENTORY.—(1) As part 

of the annual plan and certification required to be submitted under 

this section, the Secretary shall include a report on the aircraft 

in the inventory of the Department of Defense. Each such report 

shall include the following, for the year covered by the report: 

‘‘(A) The total number of aircraft in the inventory. 

‘‘(B) The total number of the aircraft in the inventory 

that are active, stated in the following categories (with appropriate subcategories for mission aircraft, training aircraft, dedicated test aircraft, and other aircraft): 

‘‘(i) Primary aircraft. 

‘‘(ii) Backup aircraft. 

‘‘(iii) Attrition and reconstitution reserve aircraft. 

‘‘(C) The total number of the aircraft in the inventory 

that are inactive, stated in the following categories: 

‘‘(i) Bailment aircraft. 

‘‘(ii) Drone aircraft. 

‘‘(iii) Aircraft for sale or other transfer to foreign 

governments. 

‘‘(iv) Leased or loaned aircraft. 

‘‘(v) Aircraft for maintenance training. 

‘‘(vi) Aircraft for reclamation. 

‘‘(vii) Aircraft in storage. 

‘‘(D) The aircraft inventory requirements approved by the 

Joint Chiefs of Staff. 

‘‘(2) Each report submitted under this subsection shall set forth 

each item described in paragraph (1) separately for the regular 

component of each armed force and for each reserve component 

of each armed force and, for each such component, shall set forth 

each type, model, and series of aircraft provided for in the futureyears defense program that covers the fiscal year for which the 

budget accompanying the plan, certification and report is submitted.’’; and 

(7) in subsection (f), as redesignated by paragraph 5, by 

striking paragraph (2) and redesignating paragraph (3) as paragraph (2). 

(b) SECTION HEADING.—The heading for such section is 

amended to read as follows: 


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‘‘§ 231a. Budgeting for life-cycle cost of aircraft for the Navy, 

Army, and Air Force: annual plan and certification’’. 

(c) CLERICAL AMENDMENT.—The item relating to section 231a 

in the table of sections at the beginning of chapter 9 of title 

10, United States Code, is amended to read as follows: 

‘‘231a. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: 

annual plan and certification.’’. 

SEC. 1070. CHANGE OF DEADLINE FOR ANNUAL REPORT TO CONGRESS 

ON NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT. 

Section 10541(a) of title 10, United States Code, is amended 

by striking ‘‘February 15’’ and inserting ‘‘March 15’’. 

SEC. 1071. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES, NUCLEAR WEAPONS, AND RELATED PROGRAMS IN 

NON-NUCLEAR WEAPONS STATES AND COUNTRIES NOT 

PARTIES TO THE NUCLEAR NON-PROLIFERATION 

TREATY, AND CERTAIN FOREIGN PERSONS. 

Section 1055(a) of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 50 U.S.C. 2371(a)) is 

amended, in the matter preceding paragraph (1)— 

(1) by striking ‘‘and the Permanent’’ and inserting ‘‘the 

Permanent’’; and 

(2) by inserting before ‘‘a report’’ the following: ‘‘, the Committee on Foreign Relations of the Senate, and the Committee 

on Foreign Affairs of the House of Representatives’’. 

SEC. 1072. IMPLEMENTATION PLAN FOR WHOLE-OF-GOVERNMENT 

VISION PRESCRIBED IN THE NATIONAL SECURITY 

STRATEGY. 

(a) IMPLEMENTATION PLAN.—Not later than 270 days after the 

date of the enactment of this Act, the President shall submit to 

the appropriate congressional committees an implementation plan 

for achieving the whole-of-government integration vision prescribed 

in the President’s National Security Strategy of May 2010. The 

implementation plan shall include— 

(1) a description of ongoing and future actions planned 

to be taken by the President and the Executive agencies to 

implement organizational changes, programs, and any other 

efforts to achieve each component of the whole-of-government 

vision prescribed in the National Security Strategy; 

(2) a timeline for specific actions taken and planned to 

be taken by the President and the Executive agencies to implement each component of the whole-of-government vision prescribed in the National Security Strategy; 

(3) an outline of specific actions desired or required to 

be taken by Congress to achieve each component of the wholeof-government vision prescribed in the National Security 

Strategy, including suggested timing and sequencing of actions 

proposed for Congress and the Executive agencies; 

(4) any progress made and challenges or obstacles encountered since May 2010 in implementing each component of the 

whole-of-government vision prescribed in the National Security 

Strategy; and 

Deadline. 

President. 

50 USC 404a 

note. 


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(5) such other information as the President determines 

is necessary to understand progress in implementing each 

component of the whole-of-government vision prescribed in the 

National Security Strategy. 

(b) ANNUAL UPDATES.—Not later than December 1 of each 

subsequent year that the National Security Strategy of May 2010 

remains the policy of the President, the President shall submit 

to the appropriate congressional committees an update of the 

implementation plan required under subsection (a). Each such 

update shall include an explanation of— 

(1) any progress made and challenges or obstacles encountered in implementing each component of the whole-of-government vision prescribed in the National Security Strategy since 

the submission of the implementation plan or most recent 

update; and 

(2) any modifications to the implementation plan. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the congressional defense committees; 

(B) the Committee on Foreign Relations, Select Committee on Intelligence, Committee on Homeland Security 

and Government Affairs, Committee on the Budget, Committee on the Judiciary, and Committee on Appropriations 

in the Senate; and 

(C) the Committee on Foreign Affairs, Permanent 

Select Committee on Intelligence, Committee on Homeland 

Security, Committee on the Budget, Committee on the 

Judiciary, Committee on Oversight and Government 

Reform, and Committee on Appropriations in the House 

of Representatives. 

(2) The term ‘‘Executive agency’’ has the meaning given 

that term by section 105 of title 5, United States Code. 

SEC. 1073. REPORTS ON RESOLUTION RESTRICTIONS ON THE COMMERCIAL SALE OR DISSEMINATION OF ELETRO-OPTICAL 

IMAGERY COLLECTED BY SATELLITES. 

(a) SECRETARY OF COMMERCE REPORT.— 

(1) REPORT REQUIRED.—Not later than April 15, 2012, the 

Secretary of Commerce shall submit to Congress a report setting forth the results of a comprehensive review of current 

restrictions on the resolution of electro-optical (EO) imagery 

collected from satellites that commercial companies may sell 

or disseminate. The report shall include such recommendations 

for legislative or administrative action as the Secretary considers appropriate in light of the results of the review. 

(2) CONSIDERATIONS.—In conducting the review required 

for purposes of the report under paragraph (1), the Secretary 

shall take into consideration the following: 

(A) Increases in sales of commercial satellite imagery 

that would result from a relaxation of resolution restrictions, and the ensuing benefit to the United States Government, commerce, and academia from an expanding market 

in satellite imagery. 

(B) Current and anticipated deployments of satellites 

built in foreign countries that can or will be able to collect 


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imagery at a resolution greater than .5 meter resolution, 

and the sale or dissemination of such imagery. 

(C) The lead-time involved in securing financing, 

designing, building, and launching the new satellite 

imagery collection capabilities that would be required to 

enable United States commercial satellite companies to 

match current and anticipated foreign satellite imagery 

collection capabilities. 

(D) Inconsistencies between the current resolution 

restrictions on the sale or dissemination of imagery collected by United States commercial companies, the availability of higher resolution imagery from foreign sources, 

and the National Space Policy of the United States, 

released by the President on June 28, 2010. 

(E) The lack of restrictions on the sale or dissemination 

of high-resolution imagery collected by aircraft. 

(b) INTELLIGENCE ASSESSMENT.— 

(1) ASSESSMENT REQUIRED.—Not later than 60 days after 

the date of the enactment of this Act, the Director of National 

Intelligence and the Under Secretary of Defense for Intelligence 

shall jointly submit to the appropriate committees of Congress 

a report setting forth an assessment of the benefits and risks 

of relaxing current resolution restrictions on the electro-optical 

imagery from satellites that commercial United States companies may sell or disseminate, together with recommendations 

for means of protecting national security related information 

in the event of the relaxation of such resolution restrictions. 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 

SEC. 1074. REPORT ON INTEGRATION OF UNMANNED AERIAL SYSTEMS 

INTO THE NATIONAL AIRSPACE SYSTEM. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall, in 

consultation with the Administrator of the Federal Aviation 

Administration and on behalf of the UAS Executive Committee, 

submit to the appropriate committees of Congress a report setting 

forth the following: 

(1) A description and assessment of the rate of progress 

in integrating unmanned aircraft systems into the national 

airspace system. 

(2) An assessment of the potential for one or more pilot 

program or programs on such integration at certain test ranges 

to increase that rate of progress. 

(b) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Commerce, Science, and Transportation, and the Committee 

on Appropriations of the Senate; and 

Deadline. 

Reports. 


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(2) the Committee on Armed Services, the Committee on 

Transportation and Infrastructure, the Committee on Science, 

Space, and Technology, and the Committee on Appropriations 

of the House of Representatives. 

SEC. 1075. REPORT ON FEASIBILITY OF USING UNMANNED AERIAL 

SYSTEMS TO PERFORM AIRBORNE INSPECTION OF 

NAVIGATIONAL AIDS IN FOREIGN AIRSPACE. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the feasibility of using 

unmanned aerial systems to perform airborne flight inspection of 

electronic signals-in-space from ground-based navigational aids that 

support aircraft departure, en route, and arrival flight procedures 

in foreign airspace in support of United States military operations. 

SEC. 1076. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH 

AND DEVELOPMENT RELATING TO IMPROVED COMBAT 

CASUALTY CARE. 

(a) STUDY REQUIRED.—The Comptroller General of the United 

States shall conduct a review of Department of Defense programs 

and organizations related to, and resourcing of, medical research 

and development in support of improved combat casualty care 

designed to save lives on the battlefield. 

(b) REPORT.—Not later than January 1, 2013, the Comptroller 

General shall submit to the congressional defense committees a 

report on the review conducted under subsection (a), including 

the following elements: 

(1) A description of current medical combat casualty care 

research and development programs throughout the Department of Defense, including basic and applied medical research, 

technology development, and clinical research. 

(2) An identification of organizational elements within the 

Department that have responsibility for planning and oversight 

of combat casualty care research and development. 

(3) A description of the means by which the Department 

applies combat casualty care research findings, including 

development of new medical devices, to improve battlefield 

care. 

(4) An assessment of the adequacy of the coordination 

by the Department of planning for combat casualty care medical 

research and development and whether or not the Department 

has a coordinated combat casualty care research and development strategy. 

(5) An assessment of the adequacy of resources provided 

for combat casualty care research and development across the 

Department. 

(6) An assessment of the programmatic, organizational, 

and resource challenges and gaps faced by the Department 

in optimizing investments in combat casualty care medical 

research and development in order to save lives on the battlefield. 

(7) The extent to which the Department utilizes expertise 

from experts and entities outside the Department with expertise 

in combat casualty care medical research and development. 

(8) An assessment of the challenges faced in rapidly 

applying research findings and technology developments to 

improved battlefield care. 


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(9) Recommendations regarding— 

(A) the need for a coordinated combat casualty care 

medical research and development strategy; 

(B) organizational obstacles or realignments to improve 

effectiveness of combat casualty care medical research and 

development; and 

(C) adequacy of resource support. 

SEC. 1077. REPORTS TO CONGRESS ON THE MODIFICATION OF THE 

FORCE STRUCTURE FOR THE STRATEGIC NUCLEAR 

WEAPONS DELIVERY SYSTEMS OF THE UNITED STATES. 

Whenever after the date of the enactment of this Act the 

President proposes a modification of the force structure for the 

strategic nuclear weapons delivery systems of the United States, 

the President shall submit to Congress a report on the modification. 

The report shall include a description of the manner in which 

such modification will maintain for the United States a range 

of strategic nuclear weapons delivery systems appropriate for the 

current and anticipated threats faced by the United States when 

compared with the current force structure of strategic nuclear 

weapons delivery systems. 

SEC. 1078. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS 

ON THE MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS OF THE DEPARTMENT OF DEFENSE. 

(a) ASSESSMENT REPORTS REQUIRED.— 

(1) IN GENERAL.—Not later than March 30 of each year 

from 2013 through 2018, the Comptroller General of the United 

States shall submit to the appropriate committees of Congress 

a report setting forth an assessment of the performance of 

the major automated information system programs of the 

Department of Defense. 

(2) ELEMENTS.—Each report under subsection (a) shall 

include the following: 

(A) An assessment by the Comptroller General of the 

cost, schedule, and performance of a representative variety 

of major automated information system programs selected 

by the Comptroller General for purposes of such report. 

(B) An assessment by the Comptroller General of the 

level of risk associated with the programs selected under 

subparagraph (A) for purposes of such report, and a description of the actions taken by the Department to manage 

or reduce such risk. 

(C) An assessment by the Comptroller General of the 

extent to which the programs selected under subparagraph 

(A) for purposes of such report employ best practices for 

the acquisition of information technology systems, as identified by the Comptroller General, the Defense Science Board, 

and the Department. 

(b) PRELIMINARY REPORT.— 

(1) IN GENERAL.—Not later than September 30, 2012, the 

Comptroller General shall submit to the appropriate committees 

of Congress a report setting forth the following: 

(A) The metrics to be used by the Comptroller General 

for the reports submitted under subsection (a). 

(B) A preliminary assessment on the matters set forth 

under subsection (a)(2). 

50 USC 2514. 


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(2) BRIEFINGS.—In developing metrics for purposes of the 

report required by paragraph (1)(A), the Comptroller General 

shall provide the appropriate committees of Congress with periodic briefings on the development of such metrics. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Homeland Security and Governmental Affairs, and the 

Committee on Appropriations of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Oversight and Government Reform, and the Committee 

on Appropriations of the House of Representatives. 

(2) The term ‘‘major automated information system program’’ has the meaning given that term in section 2445a of 

title 10, United States Code. 

SEC. 1079. REPORT ON DEFENSE DEPARTMENT ANALYTIC CAPABILITIES REGARDING FOREIGN BALLISTIC MISSILE THREATS. 

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

of enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the analytic 

capabilities of the Department of Defense regarding threats from 

foreign ballistic missiles of all ranges. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the current capabilities of the Department of Defense to analyze threats from foreign ballistic missiles of all ranges, including the degree of coordination among 

the relevant analytic elements of the Department. 

(2) A description of any current or foreseeable gaps in 

the analytic capabilities of the Department regarding threats 

from foreign ballistic missiles of all ranges. 

(3) A plan to address any gaps identified pursuant to 

paragraph (2) during the 5-year period beginning on the date 

of the report. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 1080. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA 

BATTLE CONCEPT. 

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

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on the approved Air Sea Battle Concept, 

as required by the 2010 Quadrennial Defense Review Report, and 

a plan for the implementation of the concept. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include, at a minimum, the following: 

(1) A description of the approved Air Sea Battle Concept. 

(2) An identification and assessment of— 

(A) the materiel solutions required to employ the concept in support of approved operational plans and contingency plans; and 

(B) the risks to approved operational plans and contingency plans resulting from unfulfilled materiel solutions 

identified pursuant to subparagraph (A). 

(3) A summary of the implementation plan, including— 


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(A) an assessment of the risks to implementation of 

the approved concept within the current and programmed 

force structure, capabilities, and capacity; 

(B) a description of the criteria that will be used to 

measure progress toward full implementation of the concept; and 

(C) a timeline for implementation of the concept. 

(4) A description and assessment of how current research, 

development, and acquisition priorities in the program of record 

deliver or fail to deliver the materiel solutions identified pursuant to paragraph (2)(A). 

(5) An identification, in order of priority, of the five most 

critical materiel solutions identified pursuant to paragraph 

(2)(A) requiring increased or sustained investment for the 

implementation of the Air Sea Battle Concept. 

(6) An identification, in order of priority, of how the Department will offset the increased costs required by implementation 

of the Air Sea Battle Concept, including an explanation of 

what force structure, capabilities, and programs will be reduced 

and how potentially increased risks based on those reductions 

will be managed relative to other strategic requirements. 

(7) A list of any new organization required to implement 

the concept, including an explanation of the function of each 

organization and why such functions cannot be assigned to 

existing organizations. 

(8) A description and assessment of the estimated incremental increases in costs, including the cost of any new 

organization identified pursuant to paragraph (7), and savings 

from implementing the Air Sea Battle Concept, including the 

most significant reasons for those increased costs and savings. 

(9) A description and assessment of the contributions 

required from allies and other international partners, including 

the identification and plans for management of related risks, 

in order to implement the Air Sea Battle Concept. 

(10) Such other matters relating to the development and 

implementation of the Air Sea Battle Concept as the Secretary 

considers appropriate. 

(c) FORM.—The report required by subsection (a) shall be submitted in both unclassified and classified form. 

SEC. 1080A. REPORT ON COSTS OF UNITS OF THE RESERVE COMPONENTS AND THE ACTIVE COMPONENTS OF THE ARMED 

FORCES. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report setting 

forth an analysis of the costs of a sample of deployable units 

of the active components of the Armed Forces and the costs 

of a sample of similar deployable units of the reserve components of the Armed Forces. 

(2) SIMILAR UNITS.—For purposes of this subsection, units 

of the active components and reserve components shall be 

treated as similar if such units have the same table of organization and equipment or, as applicable, the same size, structure, 

personnel, or deployed mission. 


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(b) ASSESSMENT OF RESERVE COMPONENT FORCE STRUCTURE

AND END STRENGTHS IN TOTAL FORCE STRUCTURE.—The Secretary 

shall include in the report required by subsection (a) the following: 

(1) An assessment of the advisability of retaining, 

decreasing, or increasing the number and capability mix of 

units and end strengths of the reserve components of the Armed 

Forces within the total force structure of the Armed Forces. 

(2) The current and most likely anticipated demands for 

military capabilities in support of the National Military 

Strategy, including the capability and deployment timeline 

requirements of the contingency plans of the combatant commands. 

(3) Authorities available to access the reserve components 

of the Armed Forces for Federal missions. 

(4) Personnel, equipment, and training readiness, and the 

cost to sustain, mobilize, achieve required pre-deployment 

readiness levels, and deploy active component units and reserve 

component units. 

(5) Such other matters as the Secretary considers appropriate. 

(c) COMPTROLLER GENERAL REPORT.—Not later than 180 days 

after the date of the submittal of the report required by subsection 

(a), the Comptroller General of the United States shall submit 

to the congressional defense committees the Comptroller General’s 

evaluation of the report of the Secretary under subsection (a). 

Subtitle I—Miscellaneous Authorities and 

Limitations 

SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CIVILIAN EMPLOYEES 

OF THE DEPARTMENT OF DEFENSE AS ADVISORS TO FOREIGN MINISTRIES OF DEFENSE. 

(a) AUTHORITY.—The Secretary of Defense may, with the 

concurrence of the Secretary of State, carry out a program to 

assign civilian employees of the Department of Defense as advisors 

to the ministries of defense (or security agencies serving a similar 

defense function) of foreign countries in order to— 

(1) provide institutional, ministerial-level advice, and other 

training to personnel of the ministry to which assigned in 

support of stabilization or post-conflict activities; or 

(2) assist such ministry in building core institutional 

capacity, competencies, and capabilities to manage defenserelated processes. 

(b) TERMINATION OF AUTHORITY.— (1) IN GENERAL.—The authority of the Secretary of Defense 

to assign civilian employees under the program under subsection (a) terminates at the close of September 30, 2014. 

(2) CONTINUATION OF ASSIGNMENTS.—Any assignment of 

a civilian employee under subsection (a) before the date specified in paragraph (1) may continue after that date, but only 

using funds available for fiscal year 2012, 2013, or 2014. 

(c) ANNUAL REPORT.—Not later than December 30 each year 

through 2014, the Secretary of Defense shall submit to the Committees on Armed Services and Foreign Relations of the Senate and 

the Committees on Armed Services and Foreign Affairs of the 

House of Representatives a report on activities under the program 

10 USC 168 note. 


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under subsection (a) during the preceding fiscal year. Each report 

shall include, for the fiscal year covered by such report, the following: 

(1) A list of the defense ministries to which civilian 

employees were assigned under the program. 

(2) A statement of the number of such employees so 

assigned. 

(3) A statement of the duration of the various assignments 

of such employees. 

(4) A brief description of the activities carried out such 

by such employees pursuant to such assignments. 

(5) A description of the criteria used to select the defense 

ministries identified in paragraph (1) and the civilian employees 

so assigned. 

(6) A statement of the cost of each such assignment. 

(7) Recommendations, if any, about changes to the 

authority, including an assessment of whether expanding the 

program authority to include assignments to bilateral, regional, 

or multilateral international security organizations would 

advance the national security interests of the United States. 

(d) COMPTROLLER GENERAL REPORT.—Not later than December 

30, 2013, the Comptroller General of the United States shall submit 

to the committees of Congress specified in subsection (c) a report 

setting forth an assessment of the effectiveness of the advisory 

services provided by civilian employees assigned under the program 

under subsection (a) as of the date of the report in meeting the 

purposes of the program. 

SEC. 1082. EXEMPTION FROM FREEDOM OF INFORMATION ACT FOR 

DATA FILES OF THE MILITARY FLIGHT OPERATIONS 

QUALITY ASSURANCE SYSTEMS OF THE MILITARY 

DEPARTMENTS. 

(a) EXEMPTION.— 

(1) IN GENERAL.—Chapter 134 of title 10, United States 

Code, is amended by inserting after section 2254 the following 

new section: 

‘‘§ 2254a. Data files of military flight operations quality assurance systems: exemption from disclosure under 

Freedom of Information Act 

‘‘(a) AUTHORITY TO EXEMPT CERTAIN DATA FILES FROM DISCLOSURE UNDER FOIA.— 

‘‘(1) The Secretary of Defense may exempt information 

contained in any data file of the military flight operations 

quality assurance system of a military department from disclosure under section 552(b)(3) of title 5, upon a written determination that— 

‘‘(A) the information is sensitive information concerning 

military aircraft, units, or aircrew; and 

‘‘(B) the public interest consideration in the disclosure 

of such information does not outweigh preventing the 

disclosure of such information. 

‘‘(2) In this section, the term ‘data file’ means a file of 

the military flight operations quality assurance (in this section 

referred to as ‘MFOQA’) system that contains information 

acquired or generated by the MFOQA system, including— 

‘‘(A) any data base containing raw MFOQA data; and 

Determination. 


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‘‘(B) any analysis or report generated by the MFOQA 

system or which is derived from MFOQA data. 

‘‘(3) Information that is exempt under paragraph (1) from 

disclosure under section 552(b)(3) of title 5 shall be exempt 

from such disclosure even if such information is contained 

in a data file that is not exempt in its entirety from such 

disclosure. 

‘‘(4) The provisions of paragraph (1) may not be superseded 

except by a provision of law which is enacted after the date 

of the enactment of this section and which specifically cites 

and repeals or modifies those provisions. 

‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations for the administration of this section. Such regulations 

shall ensure consistent application of the authority in subsection 

(a) across the military departments. 

‘‘(c) DELEGATION.—The Secretary of Defense may delegate the 

authority to make a determination under subsection (a) to the 

Director of Administration and Management of the Department. 

‘‘(d) TRANSPARENCY.—Each determination of the Secretary, or 

the Secretary’s designee, under subsection (a) shall be made in 

writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall 

be available to the public, upon request, through the Office of 

the Director of Administration and Management.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter II of such chapter is amended by 

inserting after the item relating to section 2254 the following 

new item: 

‘‘2254a. Data files of military flight operations quality assurance systems: exemption 

from disclosure under Freedom of Information Act.’’. 

(b) APPLICABILITY.—Section 2254a of title 10, United States 

Code, as added by subsection (a), shall apply to any information 

entered into any data file of the military flight operations quality 

assurance system before, on, or after the date of the enactment 

of this Act. 

SEC. 1083. LIMITATION ON PROCUREMENT AND FIELDING OF LIGHT 

ATTACK ARMED RECONNAISSANCE AIRCRAFT. 

(a) REPORT ON LIGHT ATTACK AND ARMED RECONNAISSANCE

MISSIONS.— 

(1) REPORT REQUIRED.—The Secretary of Defense shall 

submit to the congressional defense committees a report containing the findings of a review carried out by the Secretary 

of the capability of the elements of the Department of Defense 

(including any office, agency, activity, or command described 

in section 111(b) of title 10, United States Code) that are 

responsible for conducting light attack and armed reconnaissance missions or fulfilling requests of partner nations for 

training in the conduct of such missions. 

(2) MATTERS INCLUDED.—In conducting the review under 

paragraph (1), the Secretary shall— 

(A) identify any gaps in the ability of the Department 

to conduct light attack and armed reconnaissance missions 

or to fulfill requests of partner nations for training in 

the conduct of such missions; 

(B) identify any unnecessary duplication of efforts 

between the elements of the Department to procure or 

10 USC 2254a 

note. 

Public 

information. 


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field aircraft to conduct light attack and armed reconnaissance missions or to fulfill requests of partner nations 

to train in the conduct of such missions, including any 

planned— 

(i) developmental efforts; 

(ii) operational evaluations; or 

(iii) acquisition of such aircraft through procurement or lease; and 

(C) include findings and recommendations the Secretary considers appropriate to address any gaps identified 

under subparagraph (A) or unnecessary duplication of 

efforts identified under subparagraph (B). 

(b) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 

2012 may be obligated or expended for the procurement or fielding 

of light attack armed reconnaissance aircraft until the date that 

is 30 days after the date on which the Secretary submits the 

report required by subsection (a). 

SEC. 1084. PROHIBITION ON THE USE OF FUNDS FOR MANUFACTURING 

BEYOND LOW RATE INITIAL PRODUCTION AT CERTAIN 

PROTOTYPE INTEGRATION FACILITIES. 

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act may be used for manufacturing beyond low 

rate initial production at a prototype integration facility of any 

of the following components of the Army Research, Development, 

and Engineering Command: 

(1) The Armament Research, Development, and 

Engineering Center. 

(2) The Aviation and Missile Research, Development, and 

Engineering Center. 

(3) The Communications-Electronics Research, Development, and Engineering Center. 

(4) The Tank Automotive Research, Development, and 

Engineering Center. 

(b) WAIVER.—The Assistant Secretary of the Army for Acquisition, Logistics, and Technology may waive the prohibition under 

subsection (a) for a fiscal year if— 

(1) the Assistant Secretary determines that the waiver 

is necessary— 

(A) for reasons of national security; or 

(B) to rapidly acquire equipment to respond to combat 

emergencies; and 

(2) the Assistant Secretary submits to Congress a notification of the waiver together with the reasons for the waiver. 

(c) LOW-RATE INITIAL PRODUCTION.—For purposes of this section, the term ‘‘low-rate initial production’’ shall be determined 

in accordance with section 2400 of title 10, United States Code. 

SEC. 1085. USE OF STATE PARTNERSHIP PROGRAM FUNDS FOR CERTAIN PURPOSES. 

Subject to section 1210 of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 

32 U.S.C. 107 note), of the funds made available to the National 

Guard, the Secretary of Defense may use up to $3,000,000 to 

pay for travel and per diem costs associated with the participation 

Deadline. 


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of United States and foreign civilian and non-defense agency personnel in conducting activities under the State Partnership Program 

of the National Guard. 

Subtitle J—Other Matters 

SEC. 1086. REDESIGNATION OF PSYCHOLOGICAL OPERATIONS AS MILITARY INFORMATION SUPPORT OPERATIONS IN TITLE 10, 

UNITED STATES CODE, TO CONFORM TO DEPARTMENT 

OF DEFENSE USAGE. 

Title 10, United States Code, is amended as follows: 

(1) In section 167(j), by striking paragraph (6) and inserting 

the following new paragraph: 

‘‘(6) Military information support operations.’’. 

(2) Section 2011(d)(1) is amended by striking ‘‘psychological 

operations’’ and inserting ‘‘military information support operations’’. 

SEC. 1087. TERMINATION OF REQUIREMENT FOR APPOINTMENT OF 

CIVILIAN MEMBERS OF NATIONAL SECURITY EDUCATION 

BOARD BY AND WITH THE ADVICE AND CONSENT OF THE 

SENATE. 

(a) TERMINATION.—Subsection (b)(7) of section 803 of the David 

L. Boren National Security Education Act of 1991 (50 U.S.C. 1903) 

is amended by striking ‘‘by and with the advice and consent of 

the Senate,’’. 

(b) TECHNICAL AMENDMENT.—Subsection (c) of such section is 

amended by striking ‘‘subsection (b)(6)’’ and inserting ‘‘subsection 

(b)(7)’’. 

SEC. 1088. SENSE OF CONGRESS ON APPLICATION OF MORATORIUM 

ON EARMARKS TO THIS ACT. 

It is the sense of Congress that the moratorium on congressionally-directed spending items in the Senate, and on congressional 

earmarks in the House of Representatives, should be fully enforced 

in this Act. 

SEC. 1089. TECHNICAL AMENDMENT. 

Section 382 of title 10, United States Code, is amended by 

striking ‘‘biological or chemical’’ each place it appears in subsections 

(a) and (b). 

SEC. 1090. CYBERSECURITY COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF HOMELAND SECURITY. 

(a) INTERDEPARTMENTAL COLLABORATION.— 

(1) IN GENERAL.—The Secretary of Defense and the Secretary of Homeland Security shall provide personnel, equipment, and facilities in order to increase interdepartmental 

collaboration with respect to— 

(A) strategic planning for the cybersecurity of the 

United States; 

(B) mutual support for cybersecurity capabilities 

development; and 

(C) synchronization of current operational cybersecurity mission activities. 

6 USC 121 note. 


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(2) EFFICIENCIES.—The collaboration provided for under 

paragraph (1) shall be designed— 

(A) to improve the efficiency and effectiveness of 

requirements formulation and requests for products, services, and technical assistance for, and coordination and 

performance assessment of, cybersecurity missions 

executed across a variety of Department of Defense and 

Department of Homeland Security elements; and 

(B) to leverage the expertise of each individual Department and to avoid duplicating, replicating, or aggregating 

unnecessarily the diverse line organizations across technology developments, operations, and customer support 

that collectively execute the cybersecurity mission of each 

Department. 

(b) RESPONSIBILITIES.— (1) DEPARTMENT OF HOMELAND SECURITY.—The Secretary 

of Homeland Security shall identify and assign, in coordination 

with the Department of Defense, a Director of Cybersecurity 

Coordination within the Department of Homeland Security to 

undertake collaborative activities with the Department of 

Defense. 

(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense 

shall identify and assign, in coordination with the Department 

of Homeland Security, one or more officials within the Department of Defense to coordinate, oversee, and execute collaborative activities and the provision of cybersecurity support to 

the Department of Homeland Security. 

SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF 

CERTAIN DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE SECURITY INFORMATION. 

(a) IN GENERAL.—Chapter 3 of title 10, United States Code, 

is amended by inserting after section 130d the following new section: 

‘‘§ 130e. Treatment under Freedom of Information Act of critical infrastructure security information 

‘‘(a) EXEMPTION.—The Secretary of Defense may exempt Department of Defense critical infrastructure security information from 

disclosure pursuant to section 552(b)(3) of title 5, upon a written 

determination that— 

‘‘(1) the information is Department of Defense critical infrastructure security information; and 

‘‘(2) the public interest consideration in the disclosure of 

such information does not outweigh preventing the disclosure 

of such information. 

‘‘(b) INFORMATION PROVIDED TO STATE AND LOCAL GOVERNMENTS.—Department of Defense critical infrastructure security 

information covered by a written determination under subsection 

(a) that is provided to a State or local government shall remain 

under the control of the Department of Defense. 

‘‘(c) DEFINITION.—In this section, the term ‘Department of 

Defense critical infrastructure security information’ means sensitive 

but unclassified information that, if disclosed, would reveal 

vulnerabilities in Department of Defense critical infrastructure that, 

if exploited, would likely result in the significant disruption, 

destruction, or damage of or to Department of Defense operations, 

property, or facilities, including information regarding the securing 

Determination. 


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and safeguarding of explosives, hazardous chemicals, or pipelines, 

related to critical infrastructure or protected systems owned or 

operated by or on behalf of the Department of Defense, including 

vulnerability assessments prepared by or on behalf of the Department of Defense, explosives safety information (including storage 

and handling), and other site-specific information on or relating 

to installation security. 

‘‘(d) DELEGATION.—The Secretary of Defense may delegate the 

authority to make a determination under subsection (a) to the 

Director of Administration and Management. 

‘‘(e) TRANSPARENCY.—Each determination of the Secretary, or 

the Secretary’s designee, under subsection (a) shall be made in 

writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall 

be available to the public, upon request, through the Office of 

the Director of Administration and Management.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘130e. Treatment under Freedom of Information Act of certain critical infrastructure 

security information.’’. 

SEC. 1092. EXPANSION OF SCOPE OF HUMANITARIAN DEMINING 

ASSISTANCE PROGRAM TO INCLUDE STOCKPILED 

CONVENTIONAL MUNITIONS ASSISTANCE. 

(a) IN GENERAL.—Section 407 of title 10, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by inserting ‘‘and stockpiled 

conventional munitions assistance’’ after ‘‘humanitarian 

demining assistance’’; 

(B) in paragraph (2), by inserting ‘‘and stockpiled 

conventional munitions assistance’’ after ‘‘Humanitarian 

demining assistance’’; and 

(C) in paragraph (3)— 

(i) in the matter preceding subparagraph (A), by 

inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining assistance’’; and 

(ii) in subparagraph (A), by inserting ‘‘, or stockpiled conventional munitions, as applicable,’’ after 

‘‘explosive remnants of war’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by inserting ‘‘and stockpiled 

conventional munitions assistance’’ after ‘‘humanitarian 

demining assistance’’; and 

(B) in paragraph (2), by inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining 

assistance’’; 

(3) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘or stockpiled conventional munitions assistance’’ after ‘‘humanitarian demining 

assistance’’; and 

(B) in paragraph (2)(B)— 

(i) by inserting ‘‘or stockpiled conventional munitions activities’’ after ‘‘humanitarian demining activities’’; and 


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(ii) by inserting ‘‘, or stockpiled conventional munitions, as applicable,’’ after ‘‘explosive remnants of war’’; 

and 

(4) in subsection (d)— 

(A) by inserting ‘‘or stockpiled conventional munitions 

assistance’’ after ‘‘humanitarian demining assistance’’ each 

place it appears; and 

(B) in paragraph (2), by inserting ‘‘, and whether such 

assistance was primarily related to the humanitarian 

demining efforts or stockpiled conventional munitions 

assistance’’ after ‘‘paragraph (1)’’; and 

(5) by striking subsection (e) and inserting the following 

new subsection (e): 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘humanitarian demining assistance’, as it 

relates to training and support, means detection and clearance 

of landmines and other explosive remnants of war, and includes 

activities related to the furnishing of education, training, and 

technical assistance with respect to explosive safety, the detection and clearance of landmines and other explosive remnants 

of war, and the disposal, demilitarization, physical security, 

and stockpile management of potentially dangerous stockpiles 

of explosive ordnance. 

‘‘(2) The term ‘stockpiled conventional munitions assistance’, as it relates to the support of humanitarian assistance 

efforts, means training and support in the disposal, demilitarization, physical security, and stockpile management of 

potentially dangerous stockpiles of explosive ordnance, and 

includes activities related to the furnishing of education, 

training, and technical assistance with respect to explosive 

safety, the detection and clearance of landmines and other 

explosive remnants of war, and the disposal, demilitarization, 

physical security, and stockpile management of potentially dangerous stockpiles of explosive ordnance.’’. 

(b) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 407. Humanitarian demining assistance and stockpiled 

conventional munitions assistance: authority; 

limitations’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 20 of such title is amended by striking the 

item relating to section 407 and inserting the following new 

item: 

‘‘407. Humanitarian demining assistance and stockpiled conventional munitions assistance: authority; limitations.’’. 

SEC. 1093. NUMBER OF NAVY CARRIER AIR WINGS AND CARRIER AIR 

WING HEADQUARTERS. 

The Secretary of the Navy shall ensure that the Navy maintains— 

(1) a minimum of 10 carrier air wings; and 

(2) for each such carrier air wing, a dedicated and fully 

staffed headquarters. 

10 USC 5062 

note. 


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SEC. 1094. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR 

ORGANIZATIONAL CLOTHING AND INDIVIDUAL EQUIPMENT. 

(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—For fiscal year 2013 and each subsequent fiscal year, the 

Secretary of Defense shall submit to the President, for inclusion 

with the budget materials submitted to Congress under section 

1105(a) of title 31, United States Code, a budget justification display 

that covers all programs and activities associated with the procurement of organizational clothing and individual equipment. 

(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget justification display under subsection (a) for a fiscal year shall include 

the following: 

(1) The funding requirements in each budget activity and 

for each Armed Force for organizational clothing and individual 

equipment. 

(2) The amount in the budget for each of the Armed Forces 

for organizational clothing and equipment for that fiscal year. 

(c) DEFINITION.—In this section, the term ‘‘organizational 

clothing and individual equipment’’ means an item of organizational 

clothing or equipment prescribed for wear or use with the uniform. 

SEC. 1095. NATIONAL ROCKET PROPULSION STRATEGY. 

(a) SENSE OF THE CONGRESS.—It is the sense of Congress that 

the sustainment of the solid rocket motor and liquid rocket engine 

industrial base is a national challenge that spans multiple departments and agencies of the Federal Government and requires the 

attention of the President. 

(b) STRATEGY REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the President shall transmit 

to the appropriate congressional committees a national rocket 

propulsion strategy for the United States, including— 

(A) a description and assessment of the effects to programs of the Department of Defense and intelligence 

community that rely on the solid rocket motor and liquid 

rocket engine industrial base caused by the end of the 

Space Shuttle program and termination of the Constellation 

program; 

(B) a description of the plans of the President, the 

Secretary of Defense, the intelligence community, and the 

Administrator of the National Aeronautics and Space 

Administration to mitigate the impact of the end of the 

Space Shuttle program and termination of the Constellation 

program on the solid rocket motor and liquid rocket engine 

propulsion industrial base of the United States; 

(C) a consolidated plan that outlines key decision points 

for the current and next-generation mission requirements 

of the United States with respect to tactical and strategic 

missiles, missile defense interceptors, targets, and satellite 

and human spaceflight launch vehicles; 

(D) options and recommendations for synchronizing 

plans, programs, and budgets for research and development, procurement, operations, and workforce among the 

appropriate departments and agencies of the Federal 

Government to strengthen the solid rocket motor and liquid 

Deadline. 

President. 

10 USC 221 note. 


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rocket engine propulsion industrial base of the United 

States; and 

(E) any other relevant information the President considers necessary. 

(2) LONG-TERM ICBM PLAN.—On the date on which the 

President submits to Congress the budget for fiscal year 2013 

under section 1105 of title 31, United States Code, the President 

shall transmit to the appropriate congressional committees a 

long-term plan for maintaining a minimal capacity to produce 

intercontinental ballistic missile solid rocket motors. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The Committees on Armed Services, Science, Space, 

and Technology, Appropriations, and the Permanent Select 

Committee on Intelligence of the House of Representatives. 

(2) The Committees on Armed Services, Commerce, Science, 

and Transportation, Appropriations, and the Select Committee 

on Intelligence of the Senate. 

SEC. 1096. GRANTS TO CERTAIN REGULATED COMPANIES FOR SPECIFIED ENERGY PROPERTY NOT SUBJECT TO NORMALIZATION RULES. 

(a) IN GENERAL.—The first sentence of section 1603(f) of the 

American Recovery and Reinvestment Tax Act of 2009 is amended 

by inserting ‘‘(other than subsection (d)(2) thereof)’’ after ‘‘section 

50 of the Internal Revenue Code of 1986’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in section 1603 of the American 

Recovery and Reinvestment Tax Act of 2009. 

SEC. 1097. UNMANNED AERIAL SYSTEMS AND NATIONAL AIRSPACE. 

(a) ESTABLISHMENT.—Not later than 180 days after the date 

of the enactment of this Act, the Administrator of the Federal 

Aviation Administration shall establish a program to integrate 

unmanned aircraft systems into the national airspace system at 

six test ranges. 

(b) PROGRAM REQUIREMENTS.—In establishing the program 

under subsection (a), the Administrator shall— 

(1) safely designate nonexclusionary airspace for integrated 

manned and unmanned flight operations in the national airspace system; 

(2) develop certification standards and air traffic requirements for unmanned flight operations at test ranges; 

(3) coordinate with and leverage the resources of the 

Department of Defense and the National Aeronautics and Space 

Administration; 

(4) address both civil and public unmanned aircraft systems; 

(5) ensure that the program is coordinated with the Next 

Generation Air Transportation System; and 

(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures before integration into the national airspace system. 

(c) LOCATIONS.—In determining the location of a test range 

for the program under subsection (a), the Administrator shall— 

(1) take into consideration geographic and climatic diversity; 

Deadline. 

49 USC 40101 

note. 

26 USC 48 note. 

26 USC 48 note. 


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(2) take into consideration the location of ground infrastructure and research needs; and 

(3) consult with the Department of Defense and the 

National Aeronautics and Space Administration. 

(d) TEST RANGE OPERATION.—A project at a test range shall 

be operational not later than 180 days after the date on which 

the project is established. 

(e) REPORT.—Not later than 90 days after the date of completing 

each of the pilot projects, the Administrator shall submit to the 

appropriate congressional committees a report setting forth the 

Administrator’s findings and conclusions concerning the projects 

that includes a description and assessment of the progress being 

made in establishing special use airspace to fill the immediate 

need of the Department of Defense to develop detection techniques 

for small unmanned aircraft systems and to validate sensor integration and operation of unmanned aircraft systems. 

(f) DURATION.—The program under subsection (a) shall terminate on the date that is five years after the date of the enactment 

of this Act. 

(g) DEFINITION.—In this section: 

(1) The term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Transportation and Infrastructure, and the Committee 

on Science, Space, and Technology of the House of Representatives; and 

(B) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the 

Senate. 

(2) The term ‘‘test range’’ means a defined geographic area 

where research and development are conducted. 

SEC. 1098. MODIFICATION OF DATES OF COMPTROLLER GENERAL OF 

THE UNITED STATES REVIEW OF EXECUTIVE AGREEMENT 

ON JOINT MEDICAL FACILITY DEMONSTRATION PROJECT, 

NORTH CHICAGO AND GREAT LAKES, ILLINOIS. 

Section 1701(e)(1) of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2568) is amended 

by striking ‘‘and annually thereafter’’ and inserting ‘‘not later than 

two years after the execution of the executive agreement, and 

not later than September 30, 2015’’. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Subtitle A—Personnel 

Sec. 1101. Amendments to Department of Defense personnel authorities. 

Sec. 1102. Provisions relating to the Department of Defense performance management system. Sec. 1103. Repeal of sunset provision relating to direct hire authority at demonstration laboratories. 

Sec. 1104. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. Sec. 1105. Waiver of certain pay limitations. 

Sec. 1106. Services of post-combat case coordinators. 

Sec. 1107. Authority to waive maximum-age limit for certain appointments. 

Sec. 1108. Sense of Congress relating to pay parity for Federal employees serving 

at certain remote military installations. 

Deadlines. 

Deadline. 

Consultation. 


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Sec. 1109. Federal internship programs. 

Sec. 1110. Extension and expansion of experimental personnel program for scientific and technical personnel. 

Sec. 1111. Authority of the Secretaries of the military departments to employ up 

to 10 persons without pay. 

Sec. 1112. Two-year extension of discretionary authority to grant allowances, benefits, and gratuities to personnel on official duty in a combat zone. 

Subtitle B—Other Matters 

Sec. 1121. Modification of beneficiary designation authorities for death gratuity 

payable upon death of a United States Government employee in service 

with the Armed Forces. 

Sec. 1122. Authority for waiver of recovery of certain payments previously made 

under civilian employees voluntary separation incentive program. 

Sec. 1123. Extension of continued health benefits. 

Sec. 1124. Disclosure of senior mentors. 

Sec. 1125. Termination of Joint Safety Climate Assessment System. 

Subtitle A—Personnel 

SEC. 1101. AMENDMENTS TO DEPARTMENT OF DEFENSE PERSONNEL 

AUTHORITIES. 

(a) CAREER PATHS.—Section 9902(a)(1) of title 5, United States 

Code, is amended— 

(1) by redesignating subparagraph (D) as subparagraph 

(E); and 

(2) by inserting after subparagraph (C) the following: 

‘‘(D) Development of attractive career paths.’’. 

(b) APPOINTMENT FLEXIBILITIES.—Section 9902(b) of title 5, 

United States Code, is amended by adding at the end the following: 

‘‘(5) The Secretary shall develop a training program for Department of Defense human resource professionals to implement the 

requirements of this subsection. 

‘‘(6) The Secretary shall develop indicators of effectiveness to 

determine whether appointment flexibilities under this subsection 

have achieved the objectives set forth in paragraph (1).’’. 

(c) ADDITIONAL REQUIREMENTS.—Section 9902(c) of title 5, 

United States Code, is amended— 

(1) by redesignating paragraphs (6) and (7) as paragraphs 

(8) and (9), respectively; and 

(2) by inserting after paragraph (5) the following: 

‘‘(6) provide mentors to advise individuals on their career 

paths and opportunities to advance and excel within their fields; 

‘‘(7) develop appropriate procedures for warnings during 

performance evaluations for employees who fail to meet 

performance standards;’’. 

(d) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) TECHNICAL AMENDMENT.—The heading for chapter 99 

of title 5, United States Code, is amended to read as follows: 

‘‘CHAPTER 99—DEPARTMENT OF DEFENSE PERSONNEL 

AUTHORITIES’’. 

(2) CONFORMING AMENDMENT.—The table of chapters for 

part III of title 5, United States Code, is amended by striking 

the item relating to chapter 99 and inserting the following: 

‘‘99. Department of Defense Personnel Authorities ............................................. 9901’’. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1611 

SEC. 1102. PROVISIONS RELATING TO THE DEPARTMENT OF DEFENSE 

PERFORMANCE MANAGEMENT SYSTEM. 

(a) IN GENERAL.—Section 9902 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘(h) REPORTS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the 

implementation of any performance management and workforce 

incentive system under subsection (a) or any procedures 

relating to personnel appointment flexibilities under subsection 

(b) (whichever is earlier), and whenever any significant action 

is taken under any of the preceding provisions of this section 

(but at least biennially) thereafter, the Secretary shall— 

‘‘(A) conduct appropriately designed and statistically 

valid internal assessments or employee surveys to assess 

employee perceptions of any program, system, procedures, 

or other aspect of personnel management, as established 

or modified under authority of this section; and 

‘‘(B) submit to the appropriate committees of Congress 

and the Comptroller General, a report describing the 

results of the assessments or surveys conducted under 

subparagraph (A) (including the methodology used), 

together with any other information which the Secretary 

considers appropriate. 

‘‘(2) REVIEW.—After receiving any report under paragraph 

(1), the Comptroller General— 

‘‘(A) shall review the assessments or surveys described 

in such report to determine if they were appropriately 

designed and statistically valid; 

‘‘(B) shall conduct a review of the extent to which 

the program, system, procedures, or other aspect of program management concerned (as described in paragraph 

(1)(A)) is fair, credible, transparent, and otherwise in 

conformance with the requirements of this section; and 

‘‘(C) within 6 months after receiving such report, shall 

submit to the appropriate committees of Congress— 

‘‘(i) an independent evaluation of the results of 

the assessments or surveys reviewed under subparagraph (A), and 

‘‘(ii) the findings of the Comptroller General based 

on the review under subparagraph (B), 

together with any recommendations the Comptroller General considers appropriate. 

‘‘(3) DEFINITION.—For purposes of this subsection, the term 

‘appropriate committees of Congress’ means— 

‘‘(A) the Committees on Armed Services of the Senate 

and the House of Representatives; 

‘‘(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

‘‘(C) the Committee on Oversight and Government 

Reform of the House of Representatives.’’. 

(b) REPORTS.—(1) The Secretary of Defense shall submit to 

the covered committees— 

(A) no later than 12 months after the date of enactment 

of this Act and semiannually thereafter until fully implemented— 

5 USC 9902 note. 


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(i) a plan for the personnel management system, as 

authorized by section 9902(a) of title 5, United States Code 

(as amended by section 1101(a)); and 

(ii) progress reports on the design and implementation 

of the personnel management system (as described in 

subparagraph (A)); and 

(B) no later than 12 months after the date of enactment 

of this Act and semiannually thereafter until fully implemented— 

(i) a plan for the appointment procedures, as authorized 

by section 9902(b) of such title 5 (as amended by section 

1101(b)); and 

(ii) progress reports on the design and implementation 

of the appointment procedures (as described in subparagraph (A)). 

(2) Implementation of a plan described in paragraph (1)(B) 

may not commence before the 90th day after the date on which 

such plan is submitted under this subsection to the covered committees. 

(3) For the purposes of this subsection, the term ‘‘covered 

committees’’ means— 

(A) the Committees on Armed Services of the Senate and 

the House of Representatives; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(C) the Committee on Oversight and Government Reform 

of the House of Representatives. 

(c) REPEAL OF SUPERSEDED PROVISIONS.—The following sections 

are repealed: 

(1) Section 1106(b) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 357), 

as amended by section 1113(h) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 

123 Stat. 2503). 

(2) Section 1113(e) of the National Defense Authorization 

Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2502). 

SEC. 1103. REPEAL OF SUNSET PROVISION RELATING TO DIRECT HIRE 

AUTHORITY AT DEMONSTRATION LABORATORIES. 

Section 1108 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 

U.S.C. chapter 81 note) is amended by striking subsection (e). 

SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 

WORKING OVERSEAS. 

Effective January 1, 2012, section 1101(a) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4615), as most recently amended by section 

1103 of the Ike Skelton National Defense Authorization Act for 

Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4382), is further 

amended by striking ‘‘through 2011’’ and inserting ‘‘through 2012’’. 

SEC. 1105. WAIVER OF CERTAIN PAY LIMITATIONS. 

Section 9903(d) of title 5, United States Code, is amended— 

(1) by amending paragraph (2) to read as follows: 

Effective date. 

10 USC note 

prec. 1580. 

5 USC 9902 note. 

5 USC 9902 note. 

Definition. 


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‘‘(2) An employee appointed under this section is not eligible 

for any bonus, monetary award, or other monetary incentive for 

service, except for— 

‘‘(A) payments authorized under this section; and 

‘‘(B) in the case of an employee who is assigned in support 

of a contingency operation (as defined in section 101(a)(13) 

of title 10), allowances and any other payments authorized 

under chapter 59.’’; and 

(2) in paragraph (3), by adding at the end the following: 

‘‘In computing an employee’s total annual compensation for 

purposes of the preceding sentence, any payment referred to 

in paragraph (2)(B) shall be excluded.’’. 

SEC. 1106. SERVICES OF POST-COMBAT CASE COORDINATORS. 

(a) IN GENERAL.—Chapter 79 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘§ 7906. Services of post-combat case coordinators 

‘‘(a) DEFINITIONS.—For purposes of this section— 

‘‘(1) the terms ‘employee’, ‘agency’, ‘injury’, ‘war-risk 

hazard’, and ‘hostile force or individual’ have the meanings 

given those terms in section 8101; and 

‘‘(2) the term ‘qualified employee’ means an employee as 

described in subsection (b). 

‘‘(b) REQUIREMENT.—The head of each agency shall, in a manner 

consistent with the guidelines prescribed under subsection (c), provide for the assignment of a post-combat case coordinator in the 

case of any employee of such agency who suffers an injury or 

disability incurred, or an illness contracted, while in the performance of such employee’s duties, as a result of a war-risk hazard 

or during or as a result of capture, detention, or other restraint 

by a hostile force or individual. 

‘‘(c) GUIDELINES.—The Office of Personnel Management shall, 

after such consultation as the Office considers appropriate, prescribe 

guidelines for the operation of this section. Under the guidelines, 

the responsibilities of a post-combat case coordinator shall include— 

‘‘(1) acting as the main point of contact for qualified 

employees seeking administrative guidance or assistance 

relating to benefits under chapter 81 or 89; 

‘‘(2) assisting qualified employees in the collection of documentation or other supporting evidence for the expeditious 

processing of claims under chapter 81 or 89; 

‘‘(3) assisting qualified employees in connection with the 

receipt of prescribed medical care and the coordination of benefits under chapter 81 or 89; 

‘‘(4) resolving problems relating to the receipt of benefits 

under chapter 81 or 89; and 

‘‘(5) ensuring that qualified employees are properly 

screened and receive appropriate treatment— 

‘‘(A) for post-traumatic stress disorder or other similar 

disorder stemming from combat trauma; or 

‘‘(B) for suicidal or homicidal thoughts or behaviors. 

‘‘(d) DURATION.—The services of a post-combat case coordinator 

shall remain available to a qualified employee until— 

‘‘(1) such employee accepts or declines a reasonable offer 

of employment in a position in the employee’s agency for which 

the employee is qualified, which is not lower than 2 grades 


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(or pay levels) below the employee’s grade (or pay level) before 

the occurrence or onset of the injury, disability, or illness (as 

referred to in subsection (a)), and which is within the employee’s 

commuting area; or 

‘‘(2) such employee gives written notice, in such manner 

as the employing agency prescribes, that those services are 

no longer desired or necessary.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

79 of title 5, United States Code, is amended by adding after 

the item relating to section 7905 the following: 

‘‘7906. Services of post-combat case coordinators.’’. 

SEC. 1107. AUTHORITY TO WAIVE MAXIMUM-AGE LIMIT FOR CERTAIN 

APPOINTMENTS. 

Section 3307(e) of title 5, United States Code, is amended— 

(1) by striking ‘‘(e) The’’ and inserting ‘‘(e)(1) Except as 

provided in paragraph (2), the’’; and 

(2) by adding at the end the following: 

‘‘(2)(A) In the case of the conversion of an agency function 

from performance by a contractor to performance by an employee 

of the agency, the head of the agency, in consultation with the 

Director of the Office of Personnel Management, may waive any 

maximum limit of age, determined or fixed for positions within 

such agency under paragraph (1), if necessary in order to promote 

the recruitment or appointment of experienced personnel. 

‘‘(B) For purposes of this paragraph— 

‘‘(i) the term ‘agency’ means the Department of Defense 

or a military department; and 

‘‘(ii) the term ‘head of the agency’ means— 

‘‘(I) in the case of the Department of Defense, the 

Secretary of Defense; and 

‘‘(II) in the case of a military department, the Secretary 

of such military department.’’. 

SEC. 1108. SENSE OF CONGRESS RELATING TO PAY PARITY FOR FEDERAL EMPLOYEES SERVING AT CERTAIN REMOTE MILITARY INSTALLATIONS. 

It is the sense of Congress that the Secretary of Defense and 

the Director of the Office of Personnel Management should develop 

procedures for determining locality pay for employees of the Department of Defense in circumstances that may be unique to such 

employees, such as the assignment of employees to a military 

installation so remote from the nearest established communities 

or suitable places of residence as to handicap significantly the 

recruitment or retention of well qualified individuals, due to the 

difference between the cost of living at the post of assignment 

and the cost of living in the locality or localities where such 

employees generally reside. 

SEC. 1109. FEDERAL INTERNSHIP PROGRAMS. 

(a) IN GENERAL.—Subchapter I of chapter 31 of title 5, United 

States Code, is amended by inserting after section 3111 the following: 

Definitions. 


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‘‘§ 3111a. Federal internship programs 

‘‘(a) INTERNSHIP COORDINATOR.—The head of each agency operating an internship program shall appoint an individual within 

such agency to serve as an internship coordinator. 

‘‘(b) ONLINE INFORMATION.— ‘‘(1) AGENCIES.—The Office of Personnel Management shall 

make publicly available on the Internet— 

‘‘(A) the name and contact information of the internship 

coordinator for each agency; and 

‘‘(B) information regarding application procedures and 

deadlines for each internship program. 

‘‘(2) OFFICE OF PERSONNEL MANAGEMENT.—The Office of 

Personnel Management shall make publicly available on the 

Internet links to the websites where the information described 

in paragraph (1) is displayed. 

‘‘(c) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘internship program’ means— 

‘‘(A) a volunteer service program under section 3111(b); 

‘‘(B) an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal 

Register 82585); 

‘‘(C) a program operated by a nongovernment organization for the purpose of providing paid internships in agencies under a written agreement that is similar to an internship program established under Executive Order 13562, 

dated December 27, 2010 (75 Federal Register 82585); or 

‘‘(D) a program that— 

‘‘(i) is similar to an internship program established 

under Executive Order 13562, dated December 27, 

2010 (75 Federal Register 82585); and 

‘‘(ii) is authorized under another statutory provision of law; 

‘‘(2) the term ‘intern’ means an individual participating 

in an internship program; and 

‘‘(3) the term ‘agency’ means an Executive agency.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

31 of title 5, United States Code, is amended by inserting after 

the item relating to section 3111 the following: 

‘‘3111a. Federal internship programs.’’. 

(c) REGULATIONS.—The Office of Personnel Management may 

prescribe regulations to carry out the amendment made by subsection (a). 

SEC. 1110. EXTENSION AND EXPANSION OF EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL 

PERSONNEL. 

(a) EXTENSION.—Section 1101 of the Strom Thurmond National 

Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 

note) is amended in subsection (e)(1) by striking ‘‘2014’’ and 

inserting ‘‘2016’’. 

(b) EXPANSION OF AVAILABILITY OF PERSONNEL MANAGEMENT

AUTHORITY.—Subsection (b)(1) of such section is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ at the end; 

(2) in subparagraph (D), by inserting ‘‘and’’ at the end; 

and 

(3) by adding at the end the following new subparagraph: 

5 USC 3104 note. 

5 USC 3111a 

note. 

Public 

information. 

Appointment. 


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125 STAT. 1616 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(E) not more than a total of 10 scientific and engineering 

positions in the Office of the Director of Operational Test and 

Evaluation;’’. 

SEC. 1111. AUTHORITY OF THE SECRETARIES OF THE MILITARY 

DEPARTMENTS TO EMPLOY UP TO 10 PERSONS WITHOUT 

PAY. 

Section 1583 of title 10, United States Code, is amended in 

the first sentence— 

(1) by inserting ‘‘and the Secretaries of the military departments’’ after ‘‘the Secretary of Defense’’; and 

(2) by inserting ‘‘each’’ after ‘‘may’’. 

SEC. 1112. TWO-YEAR EXTENSION OF DISCRETIONARY AUTHORITY TO 

GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO 

PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. 

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), 

as added by section 1102 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4616), is amended by striking ‘‘fiscal years 2009, 2010, and 

2011’’ and inserting ‘‘fiscal years 2009 through 2013’’. 

Subtitle B—Other Matters 

SEC. 1121. MODIFICATION OF BENEFICIARY DESIGNATION AUTHORITIES FOR DEATH GRATUITY PAYABLE UPON DEATH OF 

A UNITED STATES GOVERNMENT EMPLOYEE IN SERVICE 

WITH THE ARMED FORCES. 

(a) AUTHORITY TO DESIGNATE MORE THAN 50 PERCENT OF

DEATH GRATUITY TO UNRELATED PERSONS.— 

(1) IN GENERAL.—Paragraph (4) of section 8102a(d) of title 

5, United States Code, is amended— 

(A) by striking the first sentence and inserting ‘‘A 

person covered by this section may designate another person to receive an amount payable under this section.’’; 

and 

(B) in the second sentence, by striking ‘‘up to the 

maximum of 50 percent’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date of enactment of this Act 

and apply to the payment of a death gratuity based on any 

death occurring on or after that date. 

(b) NOTICE TO SPOUSE OF DESIGNATION OF ANOTHER PERSON

TO RECEIVE PORTION OF DEATH GRATUITY.—Section 8102a(d) of 

such title is further amended by adding at the end the following: 

‘‘(6) If a person covered by this section has a spouse, but 

designates a person other than the spouse to receive all or 

a portion of the amount payable under this section, the head 

of the agency, or other entity, in which that person is employed 

shall provide notice of the designation to the spouse.’’. 

Applicability. 

5 USC 8102a 

note. 


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SEC. 1122. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES 

VOLUNTARY SEPARATION INCENTIVE PROGRAM. 

(a) AUTHORITY FOR WAIVER.—Subject to subsection (c), the Secretary of Defense may waive the requirement under subsection 

(f)(6)(B) of section 9902 of title 5, United States Code, for repayment 

to the Department of Defense of a voluntary separation incentive 

payment made under subsection (f)(1) of that section in the case 

of an employee or former employee of the Department of Defense 

described in subsection (b). 

(b) PERSONS COVERED.—Subsection (a) applies to any employee 

or former employee of the Department of Defense— 

(1) who during the period beginning on April 1, 2004, 

and ending on March 1, 2008, received a voluntary separation 

incentive payment under subsection (f)(1) of section 9902 of 

title 5, United States Code; 

(2) who was reappointed to a position in the Department 

of Defense to support a declared national emergency related 

to terrorism or a natural disaster during the period beginning 

on June 1, 2004, and ending on March 1, 2008; and 

(3) with respect to whom the Secretary determines— 

(A) that the employee or former employee, before 

accepting the reappointment referred to in paragraph (2), 

received a representation from an officer or employee of 

the Department of Defense that recovery of the amount 

of the payment referred to in paragraph (1) would not 

be required or would be waived; and 

(B) that the employee or former employee reasonably 

relied on that representation when accepting reappointment. 

(c) REQUIRED DETERMINATION.—The Secretary of Defense may 

grant a waiver under subsection (a) in the case of any individual 

only if the Secretary determines that recovery of the amount of 

the payment otherwise required would be against equity and good 

conscience because of the circumstances of that individual’s 

reemployment after receiving a voluntary separation incentive payment. 

(d) TREATMENT OF PRIOR REPAYMENTS.—The Secretary of 

Defense may, pursuant to a determination under subsection (c) 

specific to an individual, provide for reimbursement to that individual for any amount the individual has previously repaid to 

the United States for a voluntary separation incentive payment 

covered by this section. The reimbursement shall be paid either 

from the appropriations into which the repayment was deposited, 

if such appropriations remain available, or from appropriations 

currently available for the purposes of the appropriation into which 

the repayment was deposited. 

(e) EXPIRATION OF AUTHORITY.—The authority to grant a waiver 

under this section shall expire on December 31, 2012. 

SEC. 1123. EXTENSION OF CONTINUED HEALTH BENEFITS. 

Section 8905a(d)(4)(B) of title 5, United States Code, is 

amended— 

(1) by striking ‘‘December 31, 2011’’ each place it appears 

and inserting ‘‘December 31, 2016’’; and 

(2) in clause (ii), by striking ‘‘February 1, 2012’’ and 

inserting ‘‘February 1, 2017’’. 

Applicability. 

Time period. 


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SEC. 1124. DISCLOSURE OF SENIOR MENTORS. 

(a) REQUIREMENT TO DISCLOSE NAMES OF SENIOR MENTORS.— 

The Secretary of Defense shall disclose the names of senior mentors 

serving in the Department of Defense by publishing a list of the 

names on the publicly available website of the Department of 

Defense. The list shall be updated at least quarterly. 

(b) SENIOR MENTOR DEFINED.—In this section, the term ‘‘senior 

mentor’’ has the meaning provided in the memorandum from the 

Secretary of Defense relating to policy on senior mentors, dated 

April 1, 2010. 

SEC. 1125. TERMINATION OF JOINT SAFETY CLIMATE ASSESSMENT 

SYSTEM. 

Effective as of October 1, 2011, or the date of the enactment 

of this Act, whichever is later, the Joint Safety Climate Assessment 

System of the Department of Defense is terminated. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Commanders’ Emergency Response Program in Afghanistan. 

Sec. 1202. Three-year extension of temporary authority to use acquisition and 

cross-servicing agreements to lend military equipment for personnel protection and survivability. Sec. 1203. Extension and expansion of authority for support of special operations 

to combat terrorism. 

Sec. 1204. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. Sec. 1205. Two-year extension of authorization for non-conventional assisted recovery capabilities. Sec. 1206. Support of foreign forces participating in operations to disarm the Lord’s 

Resistance Army. Sec. 1207. Global Security Contingency Fund. 

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 

Sec. 1211. Extension and modification of logistical support for coalition forces supporting operations in Iraq and Afghanistan. Sec. 1212. One-year extension of authority to transfer defense articles and provide 

defense services to the military and security forces of Iraq and Afghanistan. 

Sec. 1213. One-year extension of authority for reimbursement of certain coalition 

nations for support provided to United States military operations. Sec. 1214. Limitation on funds to establish permanent military installations or 

bases in Iraq and Afghanistan. Sec. 1215. Authority to support operations and activities of the Office of Security 

Cooperation in Iraq. Sec. 1216. One-year extension of authority to use funds for reintegration activities 

in Afghanistan. Sec. 1217. Authority to establish a program to develop and carry out infrastructure 

projects in Afghanistan. Sec. 1218. Two-year extension of certain reports on Afghanistan. 

Sec. 1219. Limitation on availability of amounts for reintegration activities in Afghanistan. 

Sec. 1220. Extension and modification of Pakistan Counterinsurgency Fund. 

Sec. 1221. Benchmarks to evaluate the progress being made toward the transition 

of security responsibilities for Afghanistan to the Government of Afghanistan. 

Subtitle C—Reports and Other Matters 

Sec. 1231. Report on Coalition Support Fund reimbursements to the Government 

of Pakistan for operations conducted in support of Operation Enduring 

Freedom. 

Sec. 1232. Review and report on Iran’s and China’s conventional and anti-access 

capabilities. 

5 USC 9903 note. 


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Sec. 1233. Report on energy security of the NATO alliance. 

Sec. 1234. Comptroller General of the United States report on the National Guard 

State Partnership Program. Sec. 1235. Man-portable air-defense systems originating from Libya. 

Sec. 1236. Report on military and security developments involving the Democratic 

People’s Republic of Korea. Sec. 1237. Sense of Congress on non-strategic nuclear weapons and extended deterrence policy. Sec. 1238. Annual report on military and security developments involving the People’s Republic of China. Sec. 1239. Report on expansion of participation in Euro-NATO Joint Jet Pilot 

Training program. Sec. 1240. Report on Russian nuclear forces. 

Sec. 1241. Report on progress of the African Union in operationalizing the African 

Standby Force. Sec. 1242. Defense cooperation with Republic of Georgia. 

Sec. 1243. Prohibition on procurements from Communist Chinese military companies. 

Sec. 1244. Sharing of classified United States ballistic missile defense information 

with the Russian Federation. 

Sec. 1245. Imposition of sanctions with respect to the financial sector of Iran. 

Subtitle A—Assistance and Training 

SEC. 1201. COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN 

AFGHANISTAN. 

(a) AUTHORITY FOR FISCAL YEAR 2012.—During fiscal year 2012, 

from funds made available to the Department of Defense for operation and maintenance, not to exceed $400,000,000 may be used 

by the Secretary of Defense in such fiscal year to provide funds 

for the Commanders’ Emergency Response Program in Afghanistan. 

(b) QUARTERLY REPORTS AND BRIEFINGS.— 

(1) QUARTERLY REPORTS.—Not later than 45 days after 

the end of each fiscal year quarter of fiscal year 2012, the 

Secretary of Defense shall submit to the congressional defense 

committees a report regarding the source of funds and the 

allocation and use of funds during that quarter that were 

made available pursuant to the authority provided in this section or under any other provision of law for the purposes 

of the program under subsection (a). 

(2) FORM.—Each report required under paragraph (1) shall 

be submitted, at a minimum, in a searchable electronic format 

that enables the congressional defense committees to sort the 

report by amount expended, location of each project, type of 

project, or any other field of data that is included in the 

report. 

(3) BRIEFINGS.—Not later than 15 days after the submission 

of each report required under paragraph (1), appropriate officials of the Department of Defense shall meet with the congressional defense committees to brief such committees on the 

matters contained in the report. 

(c) SUBMISSION OF GUIDANCE.— 

(1) INITIAL SUBMISSION.—Not later than 30 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a copy 

of the guidance issued by the Secretary to the Armed Forces 

concerning the allocation of funds through the Commanders’ 

Emergency Response Program in Afghanistan. 

(2) MODIFICATIONS.—If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall 

submit to the congressional defense committees a copy of the 

Deadlines. 


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modification not later than 15 days after the date on which 

the Secretary makes the modification. 

(d) WAIVER AUTHORITY.—For purposes of exercising the 

authority provided by this section or any other provision of law 

making funding available for the Commanders’ Emergency 

Response Program in Afghanistan, the Secretary of Defense may 

waive any provision of law not contained in this section that would 

(but for the waiver) prohibit, restrict, limit, or otherwise constrain 

the exercise of that authority. 

(e) RESTRICTION ON AMOUNT OF PAYMENTS.—Funds made available under this section for the Commanders’ Emergency Response 

Program in Afghanistan may not be obligated or expended to carry 

out any project if the total amount of funds made available for 

the purpose of carrying out the project, including any ancillary 

or related elements of the project, exceeds $20,000,000. 

(f) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The Secretary of 

Defense may accept cash contributions from any person, foreign 

government, or international organization to provide funds for the 

Commanders’ Emergency Response Program in Afghanistan in 

fiscal year 2012. Funds received by the Secretary may be credited 

to the operation and maintenance account from which funds are 

made available to provide such funds, and may be used for such 

purpose until expended in addition to the funds specified in subsection (a). 

(g) NOTIFICATION.—Not less than 15 days before obligating 

or expending funds made available under this section for the Commanders’ Emergency Response Program in Afghanistan for a project 

in Afghanistan with a total anticipated cost of $5,000,000 or more, 

the Secretary of Defense shall submit to the congressional defense 

committees a written notice containing the following information: 

(1) The location, nature, and purpose of the proposed 

project, including how the project is intended to advance the 

military campaign plan for Afghanistan. 

(2) The budget and implementation timeline for the proposed project, including any other funding under the Commanders’ Emergency Response Program in Afghanistan that 

has been or is anticipated to be contributed to the completion 

of the project. 

(3) A plan for the sustainment of the proposed project, 

including any agreement with either the Government of 

Afghanistan, a department or agency of the United States 

Government other than the Department of Defense, or a third 

party contributor to finance the sustainment of the activities 

and maintenance of any equipment or facilities to be provided 

through the proposed project. 

(h) COMMANDERS’ EMERGENCY RESPONSE PROGRAM IN AFGHANISTAN DEFINED.—In this section, the term ‘‘Commanders’ Emergency 

Response Program in Afghanistan’’ means the program that— 

(1) authorizes United States military commanders in 

Afghanistan to carry out small-scale projects designed to meet 

urgent humanitarian relief requirements or urgent reconstruction requirements within their areas of responsibility; and 

(2) provides an immediate and direct benefit to the people 

of Afghanistan. 

(i) CONFORMING AMENDMENT.—Section 1202 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3455), as most recently amended by section 1212 

Repeal. 

Deadline. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1621 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 124 Stat. 4389), is hereby repealed. 

SEC. 1202. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO 

USE ACQUISITION AND CROSS-SERVICING AGREEMENTS 

TO LEND MILITARY EQUIPMENT FOR PERSONNEL 

PROTECTION AND SURVIVABILITY. 

(a) AUTHORITY.—Subsection (a) of section 1202 of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

(Public Law 109–364; 120 Stat. 2412), as amended by section 

1203(a) of the Ike Skelton National Defense Authorization Act 

for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4386), is 

further amended— 

(1) in paragraph (1), by striking ‘‘Iraq or’’; and 

(2) in paragraph (3)— 

(A) in subparagraph (A), by striking ‘‘Iraq or’’; and 

(B) in subparagraph (C), by striking ‘‘Iraq, Afghanistan, 

or’’ and inserting ‘‘Afghanistan or’’. 

(b) EXPIRATION.—Subsection (e) of such section, as amended 

by section 1204(b) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4623), is further amended by striking ‘‘September 30, 2011’’ 

and inserting ‘‘September 30, 2014’’. 

SEC. 1203. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT 

OF SPECIAL OPERATIONS TO COMBAT TERRORISM. 

(a) AUTHORITY.—Subsection (a) of section 1208 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 118 Stat. 2086), as most recently 

amended by section 1201 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 

Stat. 4385), is further amended by striking ‘‘$45,000,000’’ and 

inserting ‘‘$50,000,000’’. 

(b) CLARIFICATION OF LIMITATION ON FUNDING.—Subsection (g) 

of such section, as amended by section 1202(b) of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 364), is further amended— 

(1) by striking ‘‘each fiscal year’’ and inserting ‘‘any fiscal 

year’’; and 

(2) by striking ‘‘pursuant to title XV of this Act’’ and 

inserting ‘‘for that fiscal year’’. 

(c) EXTENSION.—Subsection (h) of such section, as most recently 

amended by section 1208(c) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4626), is further amended by striking ‘‘2013’’ and inserting 

‘‘2015’’. 

(d) BRIEFING AND REPORT.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

provide to the Committees on Armed Services of the Senate and 

House of Representatives a briefing and a report that outlines 

future authorities the Secretary of Defense determines may be 

necessary to adequately conduct counterterrorism, unconventional 

warfare, and irregular warfare missions by special operations forces. 

SEC. 1204. MODIFICATION AND EXTENSION OF AUTHORITIES 

RELATING TO PROGRAM TO BUILD THE CAPACITY OF 

FOREIGN MILITARY FORCES. 

(a) LIMITATION.— 


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125 STAT. 1622 PUBLIC LAW 112–81—DEC. 31, 2011 

(1) IN GENERAL.—Subsection (c) of section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456), as most recently amended by 

section 1207(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 

4389), is further amended in paragraph (5) by striking ‘‘fiscal 

year 2012’’ and inserting ‘‘each of fiscal years 2012 and 2013’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on the date of the enactment of this Act 

and shall apply with respect to programs under subsection 

(a) of such section that begin on or after that date. 

(b) REPORT.—Subsection (f) of such section is amended to read 

as follows: 

‘‘(f) REPORT.— ‘‘(1) IN GENERAL.—Not later than 90 days after the end 

of each fiscal year, the Secretary of Defense shall, with the 

concurrence of the Secretary of State, transmit to the congressional committees specified in subsection (e)(3) a report on 

the implementation of this section for such fiscal year. 

‘‘(2) MATTERS TO BE INCLUDED.—Each report under paragraph (1) shall include the following: 

‘‘(A) For each program to build the capacity of a foreign 

country’s national military forces or maritime security 

forces to conduct counterterrorism operations that was carried out during the fiscal year covered by such report 

the following: 

‘‘(i) A description of the nature and the extent 

of the potential or actual terrorist threat that the program is intended to address. 

‘‘(ii) A description of the program, including the 

objectives of the program and the types of recipient 

nation units receiving assistance under the program. 

‘‘(iii) A description of the extent to which the program is implemented by United States Government 

personnel or contractors. 

‘‘(iv) A description of the participation, if any, of 

the foreign country in the formulation of the program. 

‘‘(v) A description of the arrangements, if any, 

for the sustainment of the program and of the source 

of funds to support sustainment of the program. 

‘‘(vi) An assessment of the effectiveness of the program in building the capacity of the foreign country 

to conduct counterterrorism operations during the 

fiscal year covered by such report, and a description 

of the metrics used to evaluate the effectiveness of 

the program. 

‘‘(B) A description of the procedures and guidance for 

monitoring and evaluating the results of programs under 

this section.’’. 

(c) ONE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of such 

section, as most recently amended by section 1207(b) of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(124 Stat. 4389), is further amended— 

(1) by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2013’’; and 

(2) by striking ‘‘fiscal years 2006 through 2012’’ and 

inserting ‘‘fiscal years 2006 through 2013’’. 

Applicability. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1623 

SEC. 1205. TWO-YEAR EXTENSION OF AUTHORIZATION FOR NONCONVENTIONAL ASSISTED RECOVERY CAPABILITIES. 

(a) NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.— 

Subsection (a) of section 943 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4578) is amended by striking ‘‘Operation and Maintenance, 

Navy’’ and inserting ‘‘Operation and Maintenance, Defense-wide’’. 

(b) AUTHORIZED ACTIVITIES.—Subsection (c) of such section is 

amended— 

(1) by inserting ‘‘entities conducting activities relating to 

operational preparation of the environment, including’’ after 

‘‘include the provision of support to’’; and 

(2) by striking ‘‘or individuals’’ and inserting ‘‘or individuals,’’. 

(c) NOTICE TO CONGRESS ON USE OF AUTHORITY.—Subsection 

(d) of such section is amended— 

(1) by striking ‘‘Upon’’ and inserting the following: 

‘‘(1) NOTICE.—The Secretary of Defense shall notify the 

congressional defense committees not later than 30 days prior 

to’’; 

(2) by striking ‘‘, the Secretary of Defense shall notify 

the congressional defense committees within 72 hours of the 

use of such authority with respect to support of such activities’’ 

and inserting a period; and 

(3) by adding at the end the following: 

‘‘(2) CONTENT.—Each notification required under paragraph 

(1) shall include the following information: 

‘‘(A) The amount of funds made available for support 

of non-conventional assisted recovery activities. 

‘‘(B) A description of the non-conventional assisted 

recovery activities. 

‘‘(C) An identification of the type of recipients to receive 

support for non-conventional assisted recovery activities, 

including foreign forces, irregular forces, groups, or individuals, as appropriate.’’. 

(d) QUARTERLY REPORT.—Subsection (e) of such section is 

amended to read as follows: 

‘‘(e) QUARTERLY REPORT.— 

‘‘(1) REPORT.—The Secretary of Defense shall submit to 

the relevant congressional defense committees a report on support for non-conventional assisted recovery activities under subsection (a) of this section. Such report shall be included as 

a part of the classified quarterly report on similar activities. 

‘‘(2) CONTENTS.—The report shall, with respect to the covered period, include the following information: 

‘‘(A) The amount of funds obligated for support of nonconventional assisted recovery activities. 

‘‘(B) A description of the non-conventional assisted 

recovery activities. 

‘‘(C) An identification of the type of recipients to receive 

support for non-conventional assisted recovery activities, 

including foreign forces, irregular forces, groups, or individuals, as appropriate. 

‘‘(D) The total amount of funds obligated for support 

of non-conventional assisted recovery activities, including 

budget details. 

Deadline. 


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‘‘(E) The total amount of funds obligated for support 

of non-conventional assisted recovery activities in prior 

fiscal years. 

‘‘(F) The intended duration of support for support of 

non-conventional assisted recovery activities. 

‘‘(G) A description of support or training provided to 

the recipients of support. 

‘‘(H) A value assessment of the support provided. 

‘‘(3) COVERED PERIOD.—In this subsection, the term ‘covered 

period’ means the period with respect to which the classified 

quarterly report on similar activities applies.’’. 

(e) LIMITATION ON INTELLIGENCE ACTIVITIES.—Subsection (f) 

of such section is amended by inserting ‘‘or support’’ after ‘‘conduct’’. 

(f) LIMITATION ON FOREIGN ASSISTANCE ACTIVITIES.—Subsection 

(g)(2) of such section is amended by striking ‘‘defense articles or 

defense services’’ and inserting ‘‘defense articles, defense services, 

or defense technologies’’. 

(g) PERIOD OF AUTHORITY.—Subsection (h) of such section is 

amended by striking ‘‘2011’’ and inserting ‘‘2013’’. 

SEC. 1206. SUPPORT OF FOREIGN FORCES PARTICIPATING IN OPERATIONS TO DISARM THE LORD’S RESISTANCE ARMY. 

(a) AUTHORITY.—Pursuant to the policy established by the 

Lord’s Resistance Army Disarmament and Northern Uganda 

Recovery Act of 2009 (Public Law 111–172; 124 Stat. 1209), the 

Secretary of Defense may, with the concurrence of Secretary of 

State, provide logistic support, supplies, and services for foreign 

forces participating in operations to mitigate and eliminate the 

threat posed by the Lord’s Resistance Army as follows: 

(1) The national military forces of Uganda. 

(2) The national military forces of any other country determined by the Secretary of Defense, with the concurrence of 

the Secretary of State, to be participating in such operations. 

(b) PARTICIPATION OF UNITED STATES PERSONNEL.—No United 

States Armed Forces personnel, United States civilian employees, 

or United States civilian contractor personnel may participate in 

combat operations in connection with the provision of support under 

subsection (a), except for the purpose of acting in self-defense or 

of rescuing any United States citizen (including any member of 

the United States Armed Forces, any United States civilian 

employee, or any United States civilian contractor). 

(c) FUNDING.— 

(1) IN GENERAL.—Of the amount authorized to be appropriated for the Department of Defense for each of fiscal years 

2012 and 2013 for operation and maintenance, not more than 

$35,000,000 may be utilized in each such fiscal year to provide 

support under subsection (a). 

(2) AVAILABILITY OF FUNDS ACROSS FISCAL YEARS.— 

Amounts available under this subsection for a fiscal year for 

support under the authority in subsection (a) may be used 

for support under that authority that begins in such fiscal 

year but ends in the next fiscal year. 

(d) LIMITATIONS.— 

(1) IN GENERAL.—The Secretary of Defense may not use 

the authority in subsection (a) to provide any type of support 

that is otherwise prohibited by any provision of law. 

Uganda. 

22 USC 2151 

note. 

Definition. 


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(2) ELIGIBLE COUNTRIES.—The Secretary of Defense may 

not use the authority in subsection (a) to provide support to 

any foreign country that is otherwise prohibited from receiving 

such type of support under any other provision of law. 

(e) NOTICE TO CONGRESS ON ELIGIBLE COUNTRIES.—The Secretary of Defense may not provide support under subsection (a) 

for the national military forces of a country determined to be 

eligible for such support under that subsection until the Secretary 

notifies the appropriate committees of Congress of the eligibility 

of the country for such support. 

(f) NOTICE TO CONGRESS ON SUPPORT TO BE PROVIDED.—Not 

less than 15 days before the date on which funds are obligated 

to provide support under subsection (a), the Secretary of Defense 

shall submit to the appropriate committees of Congress a notice 

setting forth the following: 

(1) The type of support to be provided. 

(2) The national military forces to be supported. 

(3) The objectives of such support. 

(4) The estimated cost of such support. 

(5) The intended duration of such support. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Appropriations 

of the House of Representatives. 

(2) The term ‘‘logistic support, supplies, and services’’ has 

the meaning given that term in section 2350(1) of title 10, 

United States Code. 

(h) EXPIRATION.—The authority provided under this section 

may not be exercised after September 30, 2013. 

SEC. 1207. GLOBAL SECURITY CONTINGENCY FUND. 

(a) ESTABLISHMENT.—There is established on the books of the 

Treasury of the United States an account to be known as the 

‘‘Global Security Contingency Fund’’ (in this section referred to 

as the ‘‘Fund’’). 

(b) AUTHORITY.—Notwithstanding any other provision of law 

(other than the provisions of section 620A of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2371) and the section 620J of such Act 

relating to limitations on assistance to security forces (22 U.S.C. 

2378d)), amounts in the Fund shall be available to either the 

Secretary of State or the Secretary of Defense to provide assistance 

to countries designated by the Secretary of State, with the concurrence of the Secretary of Defense, for purposes of this section, 

as follows: 

(1) To enhance the capabilities of a country’s national military forces, and other national security forces that conduct 

border and maritime security, internal defense, and counterterrorism operations, as well as the government agencies responsible for such forces, to— 

(A) conduct border and maritime security, internal 

defense, and counterterrorism operations; and 

22 USC 2151 

note. 

Deadline. 


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(B) participate in or support military, stability, or peace 

support operations consistent with United States foreign 

policy and national security interests. 

(2) For the justice sector (including law enforcement and 

prisons), rule of law programs, and stabilization efforts in a 

country in cases in which the Secretary of State, in consultation 

with the Secretary of Defense, determines that conflict or instability in a country or region challenges the existing capability 

of civilian providers to deliver such assistance. 

(c) TYPES OF ASSISTANCE.— (1) AUTHORIZED ELEMENTS.—A program to provide the 

assistance under subsection (b)(1) may include the provision 

of equipment, supplies, and training. 

(2) REQUIRED ELEMENTS.—A program to provide the assistance under subsection (b)(1) shall include elements that promote— 

(A) observance of and respect for human rights and 

fundamental freedoms; and 

(B) respect for legitimate civilian authority within the 

country concerned. 

(d) FORMULATION AND APPROVAL OF ASSISTANCE PROGRAMS.— 

(1) SECURITY PROGRAMS.—The Secretary of State and the 

Secretary of Defense shall jointly formulate assistance programs under subsection (b)(1). Assistance programs to be carried out pursuant to subsection (b)(1) shall be approved by 

the Secretary of State, with the concurrence of the Secretary 

of Defense, before implementation. 

(2) JUSTICE SECTOR AND STABILIZATION PROGRAMS.—The 

Secretary of State, in consultation with the Secretary of 

Defense, shall formulate assistance programs under subsection 

(b)(2). Assistance programs to be carried out under the 

authority in subsection (b)(2) shall be approved by the Secretary 

of State, with the concurrence of the Secretary of Defense, 

before implementation. 

(e) RELATION TO OTHER AUTHORITIES.—The authority to provide 

assistance under this section is in addition to any other authority 

to provide assistance to foreign nations. The administrative authorities of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 

seq.) shall be available to the Secretary of State with respect to 

funds available to carry out this section. 

(f) TRANSFER AUTHORITY.— 

(1) DEPARTMENT OF DEFENSE FUNDS.—Funds authorized 

to be appropriated to the Department of Defense for operation 

and maintenance for Defense-wide activities may be transferred 

to the Fund by the Secretary of Defense in accordance with 

established procedures for reprogramming under section 1001 

of this Act and successor provisions of law. Amounts transferred 

under this paragraph shall be merged with funds otherwise 

made available under this section and remain available until 

expended as provided in subsection (i) for the purposes specified 

in subsection (b). 

(2) LIMITATION.—The total amount of funds transferred 

to the Fund in any fiscal year from the Department of Defense 

may not exceed $200,000,000. 

(3) TRANSFERS TO OTHER ACCOUNTS.—Funds available to 

carry out assistance authorized by this section may be transferred to an agency or account determined most appropriate 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1627 

to facilitate the provision of assistance authorized by this section. 

(4) RELATION TO OTHER TRANSFER AUTHORITIES.—The 

transfer authorities in paragraphs (1) and (3) are in addition 

to any other transfer authority available to the Department 

of Defense. 

(g) ALLOCATION OF CONTRIBUTIONS TO ASSISTANCE.—The contribution of the Secretary of State to an activity under the authority 

in subsection (b) shall be not less than 20 percent of the total 

amount required for such activity. The contribution of the Secretary 

of Defense to such activity shall be not more than 80 percent 

of the total amount required. 

(h) AUTHORITY TO ACCEPT GIFTS.—The Secretary of State may 

use money, funds, property, and services accepted pursuant to 

the authority of section 635(d) of the Foreign Assistance Act of 

1961 (22 U.S.C. 2395(d)) to fulfill the purposes of subsection (b). 

(i) AVAILABILITY OF FUNDS.—Amounts in the Fund shall remain 

available until September 30, 2015, except that amounts appropriated or transferred to the Fund before that date shall remain 

available for obligation and expenditure after that date for activities 

under programs commenced under subsection (b) before that date. 

(j) ADMINISTRATIVE EXPENSES.—Amounts in the Fund may be 

used for necessary administrative expenses in connection with the 

provision of assistance under this section. 

(k) DETAIL OF PERSONNEL.—The head of an agency of the 

United States Government may detail personnel to the Department 

of State to carry out the purposes of this section, with or without 

reimbursement for all or part of the costs of salaries and other 

expenses associated with such personnel. 

(l) NOTICES TO CONGRESS.— 

(1) IN GENERAL.—Not less than 15 days before initiating 

an activity under a program of assistance under subsection 

(b), the Secretary of State, with the concurrence of the Secretary 

of Defense, shall submit to the specified congressional committees a notification that includes the following: 

(A) A detailed justification for the program. 

(B) The budget, execution plan and timeline, and 

anticipated completion date for the activity. 

(C) A list of other security-related assistance or justice 

sector and stabilization assistance that the United States 

is currently providing the country concerned and that is 

related to or supported by the activity. 

(D) Such other information relating to the program 

or activity as the Secretary of State or Secretary of Defense 

considers appropriate. 

(2) EXERCISE OF TRANSFER AUTHORITY.—No transfer of 

funds into the Fund under subsection (f) or any other authority 

may occur until 15 days after the specified congressional 

committees are notified of the transfer. 

(3) GUIDANCE AND PROCESSES FOR EXERCISE OF

AUTHORITY.—The Secretary of State, with the concurrence of 

the Secretary of Defense, shall notify the specified congressional 

committees 15 days after the date on which all necessary guidance has been issued and processes for implementation of the 

authority in subsection (b) are established and fully operational. 

Notification. 

Deadline. 

Deadline. 

Deadline. 


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125 STAT. 1628 PUBLIC LAW 112–81—DEC. 31, 2011 

(m) ANNUAL REPORTS.—Not later than October 30, 2012, and 

annually thereafter until the expiration of the authority in subsection (b) pursuant to subsection (q), the Secretary of State and 

the Secretary of Defense jointly shall submit to the specified 

congressional committees a report on the following: 

(1) The obligation of funds from, and transfer of funds 

into, the Fund during the preceding fiscal year. 

(2) The status of programs and activities authorized under 

this section during the preceding fiscal year. 

(n) TRANSITIONAL AUTHORITIES.— 

(1) IN GENERAL.—The Secretary of Defense may, with the 

concurrence of the Secretary of State, provide the types of 

assistance described in subsection (c), and assistance for minor 

military construction, during fiscal year 2012 as follows: 

(A) To enhance the capacity of the national military 

forces, security agencies serving a similar defense function, 

and border security forces of Djibouti, Ethiopia, and Kenya 

to conduct counterterrorism operations against al-Qaeda, 

al-Qaeda affiliates, and al Shabaab. 

(B) To enhance the capacity of national military forces 

participating in the African Union Mission in Somalia to 

conduct counterterrorism operations described in subparagraph (A). 

(C) To enhance the ability of the Yemen Ministry of 

Interior Counter Terrorism Forces to conduct counter-terrorism operations against al-Qaeda in the Arabian Peninsula and its affiliates. 

(2) LIMITATIONS.— 

(A) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The 

Secretary of Defense may not use the authority in this 

subsection to provide any type of assistance that is otherwise prohibited by any provision of law. 

(B) ELIGIBLE COUNTRIES.—The Secretary of Defense 

may not use the authority in this subsection to provide 

a type of assistance to a foreign country that is otherwise 

prohibited from receiving such type of assistance under 

any other provision of law. 

(C) YEMEN.—The authority specified in paragraph 

(1)(C), and the authority to provide assistance pursuant 

to section 1206 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 2456), 

may not be used for Yemen until 30 days after the date 

on which the Secretary of Defense and the Secretary of 

State jointly certify in writing to the specified congressional 

committees that the use of such authority is important 

to the national security interests of the United States. 

The certification shall include the following: 

(i) The reasons for the certification. 

(ii) A justification for the provision of assistance. 

(iii) An acknowledgment by the Secretary of 

Defense and the Secretary of State that they have 

received assurance from the Government of Yemen 

that any assistance so provided will be utilized in 

manner consistent with subsection (c)(2). 

(3) NOTICE TO CONGRESS.—Not less than 15 days before 

funds are obligated to provide assistance under this subsection, 

Deadline. 

Deadline. 

Certification. 


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the Secretary of Defense shall submit to the specified congressional committees a notice setting forth the following: 

(A) The type of assistance to be provided. 

(B) The national military forces to be supported. 

(C) The objectives of such assistance. 

(D) The estimated cost of such assistance. 

(E) The intended duration of such assistance. 

(4) TERMINATION.— (A) IN GENERAL.—Assistance authorized by this subsection may be provided until the earlier of— 

(i) the date on which the Secretary of State determines that all necessary guidance has been issued 

and processes for implementation of the authority in 

subsection (b) are established and fully operational; 

or 

(ii) September 30, 2012. 

(B) COMPLETION OF ONGOING ACTIVITIES AFTER TERMI- NATION.—An assistance activity authorized by this subsection that begins before the date of termination provided 

in subparagraph (A) may be completed after that date, 

but only using funds available before that date. 

(o) FUNDING.— (1) FISCAL YEAR 2012.—The total amount available to the 

Department of Defense and the Department of State to provide 

assistance under this section during fiscal year 2012 may not 

exceed $350,000,000, of which— 

(A) $75,000,000 may be used for assistance authorized 

by subparagraphs (A) and (B) of subsection (n)(1); and (B) $75,000,000 may be used for assistance authorized 

by subparagraph (C) of subsection (n)(1). 

(2) FISCAL YEARS 2013 AND AFTER.—The total amount available to the Department of Defense and the Department of 

State to provide assistance under this section during a fiscal 

year after fiscal year 2012 may not exceed $300,000,000. 

(p) SPECIFIED CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘specified congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate. 

(q) EXPIRATION.—The authority under this section may not 

be exercised after September 30, 2015. An activity under a program 

authorized by subsection (b) commenced before that date may be 

completed after that date, but only using funds available for fiscal 

years 2012 through 2015. 

Subtitle B—Matters Relating to Iraq, 

Afghanistan, and Pakistan 

SEC. 1211. EXTENSION AND MODIFICATION OF LOGISTICAL SUPPORT 

FOR COALITION FORCES SUPPORTING OPERATIONS IN 

IRAQ AND AFGHANISTAN. 

(a) EXTENSION.—Section 1234 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Definition. 


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125 STAT. 1630 PUBLIC LAW 112–81—DEC. 31, 2011 

Stat. 394), as amended by section 1218 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 124 Stat. 4394), is further amended by striking ‘‘fiscal year 

2011’’ each place it appears and inserting ‘‘fiscal year 2012’’. 

(b) AMOUNT OF FUNDS AVAILABLE.—Subsection (d) of such section is amended by striking ‘‘$400,000,000’’ and inserting 

‘‘$450,000,000’’. 

SEC. 1212. ONE-YEAR EXTENSION OF AUTHORITY TO TRANSFER 

DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES 

TO THE MILITARY AND SECURITY FORCES OF IRAQ AND 

AFGHANISTAN. 

(a) EXTENSION OF AUTHORITY.—Subsection (h) of section 1234 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2532), as amended by section 1214 

of the Ike Skelton National Defense Authorization Act for Fiscal 

Year 2011 (Public Law 111–383; 124 Stat. 4391), is further amended 

by striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2012’’. 

(b) QUARTERLY REPORTS.—Subsection (f)(1) of such section, as 

so amended, is further amended by striking ‘‘and every 90 days 

thereafter through March 31, 2012’’ and inserting ‘‘every 90 days 

thereafter through March 31, 2012, and at the end of each calendar 

quarter, if any, thereafter through March 31, 2013, in which the 

authority in subsection (a) is implemented’’. 

SEC. 1213. ONE-YEAR EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT 

PROVIDED TO UNITED STATES MILITARY OPERATIONS. 

(a) EXTENSION.—Subsection (a) of section 1233 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 393), as amended by section 1223 of the National 

Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 

84; 123 Stat. 2519) and section 1213 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 124 Stat. 4391), is further amended by striking ‘‘by section 

1510 of the Ike Skelton National Defense Authorization Act for 

Fiscal Year 2011’’ and inserting ‘‘for fiscal year 2012 for overseas 

contingency operations’’. 

(b) LIMITATION ON AMOUNT AVAILABLE.—Subsection (d)(1) of 

such section, as so amended, is further amended— 

(1) by striking ‘‘fiscal year 2010 or 2011’’ and inserting 

‘‘fiscal year 2012’’; and 

(2) by striking ‘‘$1,600,000,000’’ and inserting 

‘‘$1,690,000,000’’. 

(c) TECHNICAL AMENDMENT.—Subsection (c)(2) of such section, 

as so amended, is further amended by inserting a comma after 

‘‘Budget’’. 

(d) EXTENSION OF NOTICE REQUIREMENT RELATING TO

REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Section 1232(b)(6) of the National Defense Authorization 

Act for Fiscal Year 2008 (122 Stat. 393), as most recently amended 

by section 1213(d) of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011, is further amended by striking ‘‘September 

30, 2012’’ and inserting ‘‘September 30, 2013’’. 


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SEC. 1214. LIMITATION ON FUNDS TO ESTABLISH PERMANENT MILITARY INSTALLATIONS OR BASES IN IRAQ AND AFGHANISTAN. 

(a) NO PERMANENT MILITARY BASES IN IRAQ.—None of the 

funds authorized to be appropriated by this Act may be obligated 

or expended by the United States Government to establish any 

military installation or base for the purpose of providing for the 

permanent stationing of United States Armed Forces in Iraq. 

(b) NO PERMANENT MILITARY BASES IN AFGHANISTAN.—None 

of the funds authorized to be appropriated by this Act may be 

obligated or expended by the United States Government to establish 

any military installation or base for the purpose of providing for 

the permanent stationing of United States Armed Forces in Afghanistan. 

SEC. 1215. AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF 

THE OFFICE OF SECURITY COOPERATION IN IRAQ. 

(a) AUTHORITY.—The Secretary of Defense may support United 

States Government transition activities in Iraq by providing funds 

for the following: 

(1) Operations and activities of the Office of Security 

Cooperation in Iraq. 

(2) Operations and activities of security assistance teams 

in Iraq. 

(b) TYPES OF SUPPORT.—The operations and activities for which 

the Secretary may provide funds under the authority in subsection 

(a) may include life support, transportation and personal security, 

and construction and renovation of facilities. 

(c) LIMITATION ON AMOUNT.—The total amount of funds provided under the authority in subsection (a) in fiscal year 2012 

may not exceed $524,000,000. 

(d) SOURCE OF FUNDS.—Funds for purposes of subsection (a) 

for fiscal year 2012 shall be derived from amounts available for 

that fiscal year for operation and maintenance for the Air Force. 

(e) COVERAGE OF COSTS OF OSCI IN CONNECTION WITH SALES

OF DEFENSE ARTICLES OR DEFENSE SERVICES TO IRAQ.—The President shall ensure that any letter of offer for the sale to Iraq 

of any defense articles or defense services issued after the date 

of the enactment of this Act includes, consistent with the provisions 

of the Arms Export Control Act (22 U.S.C. 2751 et seq.), charges 

sufficient to recover the costs of operations and activities of security 

assistance teams in Iraq in connection with such sale. 

(f) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall, in consultation 

with the Secretary of State, submit to the congressional defense 

committees, the Committee on Foreign Relations of the Senate, 

and the Committee on Foreign Affairs of the House of Representatives a report on the activities of the Office of Security Cooperation 

in Iraq. The report shall include the following: 

(1) A description, in unclassified form (but with a classified 

annex if appropriate), of any capability gaps in the security 

forces of Iraq, including capability gaps relating to intelligence 

matters, protection of Iraq airspace, and logistics and maintenance. 

(2) A description of the manner in which the programs 

of the Office of Security Cooperation in Iraq, in conjunction 

with other United States programs such as the Foreign Military 

President. 

10 USC 113 note. 


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Financing program, the Foreign Military Sales program, and 

joint training exercises, will address the capability gaps 

described in paragraph (1) if the Government of Iraq requests 

assistance in addressing such capability gaps. 

SEC. 1216. ONE-YEAR EXTENSION OF AUTHORITY TO USE FUNDS FOR 

REINTEGRATION ACTIVITIES IN AFGHANISTAN. 

Section 1216 of the Ike Skelton National Defense Authorization 

Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4392) 

is amended— 

(1) in subsection (a), by striking ‘‘for fiscal year 2011’’ 

and inserting ‘‘in each of fiscal years 2011 and 2012’’; and 

(2) in subsection (e), by striking ‘‘December 31, 2011’’ and 

inserting ‘‘December 31, 2012’’. 

SEC. 1217. AUTHORITY TO ESTABLISH A PROGRAM TO DEVELOP AND 

CARRY OUT INFRASTRUCTURE PROJECTS IN AFGHANISTAN. 

(a) FUNDING.—Subsection (f) of section 1217 of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 124 Stat. 4393; 22 U.S.C. 7513 note) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘The’’ and inserting ‘‘Subject to paragraph (2), the’’; and 

(B) by striking ‘‘fiscal year 2011’’ and inserting ‘‘fiscal 

year 2012’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) LIMITATION.—The Secretary of Defense may use not 

more than 85 percent of the amount specified in paragraph 

(1) to carry out the program authorized under subsection (a) 

until the Secretary of Defense, in consultation with the Secretary of State, submits to the appropriate congressional 

committees a plan for the allocation and use of funds under 

the program for fiscal year 2012.’’; and 

(4) in paragraph (3), as redesignated by paragraph (2) 

of this subsection, by striking ‘‘until September 30, 2012.’’ and 

inserting ‘‘as follows: 

‘‘(A) In the case of funds for fiscal year 2011, until 

September 30, 2012. 

‘‘(B) In the case of funds for fiscal year 2012, until 

September 30, 2013.’’. 

(b) NOTICE TO CONGRESS.—Subsection (g) of such section is 

amended by striking ‘‘30 days’’ and inserting ‘‘15 days’’. 

SEC. 1218. TWO-YEAR EXTENSION OF CERTAIN REPORTS ON AFGHANISTAN. 

(a) REPORT ON PROGRESS TOWARD SECURITY AND STABILITY

IN AFGHANISTAN.—Section 1230(a) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 385), as most recently amended by section 1231 of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383; 124 Stat. 4395), is further amended by 

striking ‘‘2012’’ and inserting ‘‘2014’’. 

(b) REPORT ON UNITED STATES PLAN FOR SUSTAINING AFGHANI- STAN NATIONAL SECURITY FORCES.—Section 1231(a) of the National 

Defense Authorization Act for Fiscal Year 2008 (122 Stat. 390), 

Allocation plan. 


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as amended by section 1232 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (124 Stat. 4395), is further 

amended by striking ‘‘2012’’ and inserting ‘‘2014’’. 

SEC. 1219. LIMITATION ON AVAILABILITY OF AMOUNTS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN. 

Not more than 50 percent of the amount available for fiscal 

year 2012 for reintegration activities in Afghanistan under the 

authority of section 1216 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 

Stat. 4392), as amended by section 1216 of this Act, may be used 

to provide assistance to the Government of Afghanistan until the 

Secretary of Defense, in consultation with the Secretary of State, 

determines and certifies to Congress that women in Afghanistan 

are an integral part of the reconciliation process between the 

Government of Afghanistan and the Taliban. 

SEC. 1220. EXTENSION AND MODIFICATION OF PAKISTAN COUNTERINSURGENCY FUND. 

(a) IN GENERAL.—Section 1224(h) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2521), as amended by section 1220 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 124 Stat. 4395), is further amended by striking ‘‘September 

30, 2011’’ both places it appears and inserting ‘‘September 30, 

2012’’. 

(b) LIMITATION ON FUNDS SUBJECT TO REPORT AND UPDATES.— (1) LIMITATION ON FUNDS; REPORT REQUIRED.— (A) IN GENERAL.—Of the amounts appropriated or 

transferred to the Pakistan Counterinsurgency Fund (hereafter in this subsection referred to as the ‘‘Fund’’) for fiscal 

year 2012, not more than 40 percent of such amounts 

may be obligated or expended until such time as the Secretary of Defense, with the concurrence of the Secretary 

of State, submits to the appropriate congressional committees a report on— 

(i) a strategy to utilize the Fund and the metrics 

used to determine progress with respect to the Fund; 

and 

(ii) a strategy to enhance Pakistani efforts to 

counter improvised explosive devices (IEDs). 

(B) MATTER TO BE INCLUDED.—Such report shall 

include, at a minimum, the following: 

(i) A discussion of United States strategic objectives in Pakistan. 

(ii) A listing of the terrorist or extremist organizations in Pakistan opposing United States goals in the 

region and against which the United States encourages 

Pakistan to take action. 

(iii) A discussion of the gaps in capabilities of 

Pakistani security units that hamper the ability of 

the Government of Pakistan to take action against 

the organizations listed in clause (ii). 

(iv) A discussion of how assistance provided utilizing the Fund will address the gaps in capabilities 

listed in clause (iii). 

(v) A discussion of other efforts undertaken by 

other United States Government departments and 

Determination. 

Certification. 

Women. 


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agencies to address the gaps in capabilities listed in 

clause (iii) or complementary activities of the Department of Defense and how those efforts are coordinated 

with the activities undertaken to utilize the Fund. 

(vi) A discussion of whether the Government of 

Pakistan is demonstrating a continuing commitment 

to and is making significant efforts toward the 

implementation of a strategy to counter IEDs, 

including efforts to attack IED networks, monitor 

known precursors used in IEDs, and develop a strict 

protocol for the manufacture of explosive materials, 

including calcium ammonium nitrate, and accessories 

and their supply to legitimate end users. 

(vii) Metrics that will be used to track progress 

in achieving the United States strategic objectives in 

Pakistan, to track progress of the Government of Pakistan in combating the organizations listed in clause 

(ii), to address the gaps in capabilities listed in clause 

(iii), and to track the progress of the Government of 

Pakistan in implementing the strategy to counter IEDs 

described in clause (vi). 

(2) ANNUAL UPDATE REQUIRED.—For any fiscal year in 

which amounts in the Fund are requested to be made available 

to the Secretary of Defense, the Secretary of Defense, with 

the concurrence of the Secretary of State, shall submit to the 

appropriate congressional committees, at the same time that 

the President’s budget is submitted pursuant to section 1105(a) 

of title 31, United States Code, an update of the report required 

under paragraph (1). 

(3) FORM.—The report required under paragraph (1) and 

the update required under paragraph (2) shall be submitted 

in unclassified form, but may contain a classified annex as 

necessary. 

(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; and 

(B) the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of 

Representatives. 

(c) QUARTERLY REPORTS.— 

(1) IN GENERAL.—Section 1224(f) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 

123 Stat. 2522) is amended— 

(A) by striking ‘‘Not later’’ and inserting the following: 

‘‘(1) IN GENERAL.—Not later’’; and 

(B) by adding at the end the following: 

‘‘(2) MATTERS TO BE INCLUDED.—The Secretary of Defense, 

with the concurrence with the Secretary of State, shall include 

in the report required under paragraph (1) the following: 

‘‘(A) A discussion of progress in achieving United States 

strategic objectives in Pakistan during such fiscal quarter, 

utilizing metrics used to track progress in achieving such 

strategic objectives. 

‘‘(B) A discussion of progress made by programs supported from amounts in the Fund during such fiscal 

quarter.’’. 


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(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) take effect on the date of the enactment of this Act and 

apply with respect to each report required to be submitted 

under section 1224(f) of the National Defense Authorization 

Act for Fiscal Year 2010 for any fiscal year after fiscal year 

2011. 

SEC. 1221. BENCHMARKS TO EVALUATE THE PROGRESS BEING MADE 

TOWARD THE TRANSITION OF SECURITY RESPONSIBILITIES FOR AFGHANISTAN TO THE GOVERNMENT OF 

AFGHANISTAN. 

(a) OPTIONS FOR EXPANSION OF CAPACITY OF AFGHAN NATIONAL

SECURITY FORCES.—The President shall, acting through the Secretary of Defense, establish and update as appropriate, and submit 

to Congress, options to accelerate the expansion of the capacity 

of Afghan National Security Forces with the goal of— 

(1) enabling the Government of the Islamic Republic of 

Afghanistan, consistent with the Framework for Inteqal, to 

assume lead responsibility for security in all areas of Afghanistan, to maintain security in those areas, and to sustain the 

Afghan National Security Forces; 

(2) achieving United States national security objectives to 

disrupt, dismantle, and defeat al-Qaeda and its extremist allies 

in Afghanistan, and preventing the establishment of safe 

havens for those entities; and 

(3) enabling the United States to move to an enduring 

partnership with the Government of the Islamic Republic of 

Afghanistan, fully consistent with the Declaration by the North 

Atlantic Treaty Organization and the Government of the 

Islamic Republic of Afghanistan on an Enduring Partnership 

as issued at the Lisbon conference on November 20, 2010. 

(b) BENCHMARKS.—The President shall establish, and may 

update from time to time, a comprehensive set of benchmarks 

to evaluate progress being made toward meeting the goals set 

forth in paragraphs (1) through (3) of subsection (a). 

(c) SUBMITTAL TO CONGRESS.—The President shall include the 

most current set of benchmarks established pursuant to subsection 

(b) with each report on progress toward security and stability in 

Afghanistan that is submitted to Congress under sections 1230 

and 1231 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 385, 390). 

Subtitle C—Reports and Other Matters 

SEC. 1231. REPORT ON COALITION SUPPORT FUND REIMBURSEMENTS 

TO THE GOVERNMENT OF PAKISTAN FOR OPERATIONS 

CONDUCTED IN SUPPORT OF OPERATION ENDURING 

FREEDOM. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

a report to the congressional defense committees and the Committee 

on Foreign Relations of the Senate and the Committee on Foreign 

Affairs of the House of Representatives assessing the effectiveness 

of the Coalition Support Fund reimbursements to the Government 

of Pakistan for operations conducted in support of Operation 

Enduring Freedom. 

President. 

22 USC 7556. 

Applicability. 


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(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) A description of the types of reimbursements requested 

by the Government of Pakistan. 

(2) The total amount reimbursed to the Government of 

Pakistan since the beginning of Operation Enduring Freedom, 

in the aggregate and by fiscal year. 

(3) The percentage and types of reimbursement requests 

made by the Government of Pakistan for which the United 

States Government has deferred or not provided payment. 

(4) An assessment of the outcomes of operations conducted 

by the Government of Pakistan in support of Operation 

Enduring Freedom for which reimbursement was requested 

during the 24-month period ending on the date of the enactment 

of this Act, and of the impact of those operations in containing 

the ability of terrorist organizations to threaten the stability 

of Afghanistan and Pakistan and to impede the operations 

of the United States in Afghanistan. 

(5) Recommendations, if any, relative to potential alternatives to or termination of reimbursements from the Coalition 

Support Fund to the Government of Pakistan taking into 

account the transition plan for Afghanistan. 

(c) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may contain a classified annex. 

SEC. 1232. REVIEW AND REPORT ON IRAN’S AND CHINA’S CONVENTIONAL AND ANTI-ACCESS CAPABILITIES. 

(a) REVIEW.—The Comptroller General of the United States 

shall conduct an independent review of the following: 

(1) Any gaps between Iran’s conventional and anti-access 

capabilities and United States’ capabilities to overcome them. 

(2) Any gaps between China’s anti-access capabilities and 

United States’ capabilities to overcome them. 

(b) REPORT.—Not later than January 31, 2013, the Comptroller 

General shall submit to the congressional defense committees a 

report that contains the review conducted under subsection (a). 

(c) ADDITIONAL TO OTHER REPORTS, ETC.—The review conducted 

under subsection (a) and the report required under subsection (b) 

are in addition to the report required under section 1238 of the 

Ike Skelton National Defense Authorization Act for Fiscal Year 

2011 (Public Law 111–383; 124 Stat. 4402) and the strategy and 

briefings required under section 1243 of such Act (Public Law 

111–383; 124 Stat. 4405). 

(d) DEFINITION.—In this section, the term ‘‘anti-access’’ has 

the meaning given the term in section 1238(f) of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 124 Stat. 4403). 

SEC. 1233. REPORT ON ENERGY SECURITY OF THE NATO ALLIANCE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Adopted in Lisbon in November 2010, the new North 

Atlantic Treaty Organization (NATO) Strategic Concept 

declares that ‘‘[a]ll countries are increasingly reliant on the 

vital communication, transport and transit routes on which 

international trade, energy security and prosperity depend. 

They require greater international efforts to ensure their resilience against attack or disruption. Some NATO countries will 

become more dependent on foreign energy suppliers and in 


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some cases, on foreign energy supply and distribution networks 

for their energy needs. As a larger share of world consumption 

is transported across the globe, energy supplies are increasingly 

exposed to disruption.’’. 

(2) The new NATO Strategic Concept further declares that, 

‘‘to deter and defend against any threat to the safety and 

security of our populations’’, the NATO alliance will, ‘‘develop 

the capacity to contribute to energy security, including protection of critical energy infrastructure and transit areas and 

lines, cooperation with partners, and consultations among Allies 

on the basis of strategic assessments and contingency planning.’’. 

(b) REPORT.— (1) REPORT.—Not later than 270 days after the date of 

the enactment of this Act, the Secretary of Defense shall, in 

consultation with the Secretary of State and the Secretary 

of Energy, submit to the appropriate committees of Congress 

a detailed report on efforts by the Department of Defense, 

including within NATO, to address the energy security of the 

NATO alliance. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An assessment of the dependence of NATO members on a single oil or natural gas supplier or distribution 

network. 

(B) A description of the threats to the energy security 

of the NATO alliance, including from each of following: 

(i) Shortages of supply of oil or natural gas or 

spikes in prices of oil or natural gas. 

(ii) Disruptions within the energy distribution 

infrastructure or transit lines supplying NATO 

member countries. 

(C) A description of options for responding to or mitigating the energy security risks to NATO member countries 

and to United States Armed Forces based in Europe posed 

by the threats described under subparagraph (B). 

(D) Recommendations, if any, for actions to be undertaken to improve the energy security of the NATO alliance. 

(c) FORM.—The report required under subsection (b) shall be 

submitted in unclassified form, but may contain a classified annex. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1234. COMPTROLLER GENERAL OF THE UNITED STATES REPORT 

ON THE NATIONAL GUARD STATE PARTNERSHIP PROGRAM. 

(a) REPORT REQUIRED.—Not later than March 31, 2012, the 

Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives a report on the 

National Guard State Partnership Program. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 


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(1) A summary of the sources of funds for the State Partnership Program over the last five years. 

(2) An analysis of the types and frequency of activities 

performed by participants in the State Partnership Program. 

(3) A description of the objectives of the State Partnership 

Program and the manner in which objectives under the program 

are established and coordinated with the Office of the Secretary 

of Defense, the geographic combatant commands, United States 

Country Teams, and other departments and agencies of the 

United States Government. 

(4) A description of the manner in which the Department 

of Defense selects and designates particular State and foreign 

country partnerships under the State Partnership Program. 

(5) A description of the manner in which the Department 

measures the effectiveness of the activities under the State 

Partnership Program in meeting the objectives of the program. 

(6) An assessment by the Comptroller General of the United 

States of the effectiveness of the activities under the State 

Partnership Program in meeting the objectives of the program. 

SEC. 1235. MAN-PORTABLE AIR-DEFENSE SYSTEMS ORIGINATING 

FROM LIBYA. 

(a) STATEMENT OF POLICY.—Pursuant to section 11 of the 

Department of State Authorities Act of 2006 (22 U.S.C. 2349bb– 

6), the following is the policy of the United States: 

(1) To reduce and mitigate, to the greatest extent feasible, 

the threat posed to United States citizens and citizens of allies 

of the United States by man-portable air-defense systems 

(MANPADS) that were in Libya as of March 19, 2011. 

(2) To seek the cooperation of, and to assist, the Government of Libya and governments of neighboring countries and 

other countries (as determined by the President) to secure, 

remove, or eliminate stocks of man-portable air-defense systems 

described in paragraph (1) that pose a threat to United States 

citizens and citizens of allies of the United States. 

(3) To pursue, as a matter of priority, an agreement with 

the Government of Libya and governments of neighboring countries and other countries (as determined by the Secretary of 

State) to formalize cooperation with the United States to limit 

the availability, transfer, and proliferation of man-portable airdefense systems described in paragraph (1). 

(b) INTELLIGENCE COMMUNITY ASSESSMENT ON MANPADS IN

LIBYA.— 

(1) IN GENERAL.—The Director of National Intelligence shall 

submit to the appropriate committees of Congress an assessment by the intelligence community that accounts for the disposition of, and the threat to United States citizens and citizens 

of allies of the United States posed by man-portable air-defense 

systems that were in Libya as of March 19, 2011. The assessment shall be submitted as soon as practicable, but not later 

than the end of the 45-day period beginning on the date of 

the enactment of this Act. 

(2) ELEMENTS.—The assessment submitted under this subsection shall include the following: 

(A) An estimate of the number of man-portable airdefense systems that were in Libya as of March 19, 2011. 

Deadline. 

Time period. 

22 USC 

2349bb–6 note. 


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(B) An estimate of the number of man-portable airdefense systems in Libya as of March 19, 2011, that are 

currently in the secure custody of the Government of Libya, 

the United States, an ally of the United States, a member 

of the North Atlantic Treaty Organization (NATO), or the 

United Nations. 

(C) An estimate of the number of man-portable airdefense systems in Libya as of March 19, 2011, that were 

destroyed, disabled, or otherwise rendered unusable during 

Operation Unified Protector and since the end of Operation 

Unified Protector. 

(D) An assessment of the number of man-portable airdefense systems that is the difference between the number 

of man-portable air-defense systems in Libya as of March 

19, 2011, and the cumulative number of man-portable airdefense systems accounted for under subparagraphs (B) 

and (C), and the current disposition and locations of such 

man-portable air-defense systems. 

(E) An assessment of the number of man-portable airdefense systems that are currently in the custody of militias 

in Libya. 

(F) A list of any organizations designated as terrorist 

organizations by the Department of State, or affiliate 

organizations or members of such organizations, that are 

known or believed to have custody of any man-portable 

air-defense systems that were in the custody of the Government of Libya as of March 19, 2011. 

(G) An assessment of the threat posed to United States 

citizens and citizens of allies of the United States from 

unsecured man-portable air-defense systems (as defined 

in section 11 of the Department of State Authorities Act 

of 2006) originating from Libya. 

(H) An assessment of the effect of the proliferation 

of man-portable air-defense systems that were in Libya 

as of March 19, 2011, on the price and availability of 

man-portable air-defense systems that are on the global 

arms market. 

(3) NOTICE REGARDING DELAY IN SUBMITTAL.—If, before the 

end of the 45-day period specified in paragraph (1), the Director 

determines that the assessment required by that paragraph 

cannot be submitted by the end of that period as required 

by that paragraph, the Director shall (before the end of that 

period) submit to the appropriate committees of Congress a 

report setting forth— 

(A) the reasons why the assessment cannot be submitted by the end of that period; and 

(B) an estimated date for the submittal of the assessment. 

(c) COMPREHENSIVE STRATEGY ON THREAT OF MANPADS ORIGINATING FROM LIBYA.— 

(1) STRATEGY REQUIRED.—The President shall develop and 

implement, and from time to time update, a comprehensive 

strategy, pursuant to section 11 of the Department of State 

Authorities Act of 2006, to reduce and mitigate the threat 

posed to United States citizens and citizens of allies of the 

United States from man-portable air-defense systems that were 

in Libya as of March 19, 2011. 

President. 


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(2) REPORT REQUIRED.— (A) IN GENERAL.—Not later than 45 days after the 

assessment required by subsection (b) is submitted to the 

appropriate committees of Congress, the President shall 

submit to the appropriate committees of Congress a report 

setting forth the strategy required by paragraph (1). 

(B) ELEMENTS.—The report required by this paragraph 

shall include the following: 

(i) An assessment of the effectiveness of efforts 

undertaken to date by the United States, Libya, Mauritania, Egypt, Algeria, Tunisia, Mali, Morocco, Niger, 

Chad, the United Nations, the North Atlantic Treaty 

Organization, and any other country or entity (as determined by the President) to reduce the threat posed 

to United States citizens and citizens of allies of the 

United States from man-portable air-defense systems 

that were in Libya as of March 19, 2011. 

(ii) A timeline for future efforts by the United 

States, Libya, and neighboring countries to— 

(I) secure, remove, or disable any man-portable 

air-defense systems that remain in Libya; 

(II) counter proliferation of man-portable airdefense systems originating from Libya that are 

in the region; and 

(III) disrupt the ability of terrorists, non-state 

actors, and state sponsors of terrorism to acquire 

such man-portable air-defense systems. 

(iii) A description of any additional funding 

required to address the threat of man-portable airdefense systems originating from Libya. 

(iv) A description of technologies currently available to reduce the susceptibility and vulnerability of 

civilian aircraft to man-portable air-defense systems, 

including an assessment of the feasibility of using aircraft-based anti-missile systems to protect United 

States passenger jets. 

(v) Recommendations for the most effective policy 

measures that can be taken to reduce and mitigate 

the threat posed to United States citizens and citizens 

of allies of the United States from man-portable airdefense systems that were in Libya as of March 19, 

2011. 

(vi) Such recommendations for legislative or 

administrative action as the President considers appropriate to implement the strategy required by paragraph 

(1). 

(C) FORM.—The report required by this paragraph shall 

be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Select Committee on Intelligence 

of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. 


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SEC. 1236. REPORT ON MILITARY AND SECURITY DEVELOPMENTS 

INVOLVING THE DEMOCRATIC PEOPLE’S REPUBLIC OF 

KOREA. 

(a) REPORT.—Not later than November 1, 2012, the Secretary 

of Defense shall submit to the specified congressional committees 

a report, in both classified and unclassified form, on the current 

and future military power of the Democratic People’s Republic 

of Korea (in this section referred to as ‘‘North Korea’’). The report 

shall address the current and probable future course of militarytechnological development of the North Korean military, the tenets 

and probable development of North Korean security strategy and 

military strategy, and military organizations and operational concepts, through the next 20 years. 

(b) MATTERS TO BE INCLUDED.—A report required under subsection (a) shall include at least the following elements: 

(1) An assessment of the security situation on the Korean 

peninsula. 

(2) The goals and factors shaping North Korean security 

strategy and military strategy. 

(3) Trends in North Korean security and military behavior 

that would be designed to achieve, or that are inconsistent 

with, the goals described in paragraph (2). 

(4) An assessment of North Korea’s regional security objectives, including those that would affect South Korea, Japan, 

the People’s Republic of China, and Russia. 

(5) A detailed assessment of the sizes, locations, and 

capabilities of North Korean strategic, special operations, land, 

sea, and air forces. 

(6) Developments in North Korean military doctrine and 

training. 

(7) An assessment of the proliferation activities of North 

Korea, as either a supplier or a consumer of materials or 

technologies relating to nuclear weapons or other weapons of 

mass destruction or missile systems. 

(8) Other military and security developments involving 

North Korea that the Secretary of Defense considers relevant 

to United States national security. 

(c) DEFINITION.—In this section the term ‘‘specified congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

SEC. 1237. SENSE OF CONGRESS ON NON-STRATEGIC NUCLEAR 

WEAPONS AND EXTENDED DETERRENCE POLICY. 

(a) REGARDING NON-STRATEGIC NUCLEAR WEAPONS.—It is the 

sense of Congress that— 

(1) if the United States pursues arms control negotiations 

with the Russian Federation, such negotiations should be aimed 

at the reduction of Russian deployed and non-deployed nonstrategic nuclear weapons and increased transparency of such 

weapons; and 

(2) for purposes of such negotiations— 

(A) non-strategic nuclear weapons should be considered 

when weighing the balance of the nuclear forces of the 

United States and Russia; and 

Classified 

information. 


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(B) geographical relocation and consolidated or centralized storage of non-strategic nuclear weapons by Russia 

should not be considered a reduction or elimination of 

such weapons. 

(b) REGARDING EXTENDED DETERRENCE COMMITMENT TO

EUROPE.—It is the sense of Congress that— 

(1) the commitment of the United States to extended deterrence in Europe and the nuclear alliance of the North Atlantic 

Treaty Organization (NATO) is an important component of 

ensuring and linking the national security of the United States 

and its European allies; 

(2) nuclear forces of the United States are a key component 

of the NATO nuclear alliance; and 

(3) the presence of United States nuclear weapons in 

Europe—combined with NATO’s unique nuclear sharing 

arrangements under which non-nuclear members participate 

in nuclear planning and possess specially configured aircraft 

capable of delivering nuclear weapons—provides reassurance 

to NATO allies who feel exposed to regional threats. 

SEC. 1238. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

(a) MATTERS TO BE INCLUDED.—Subsection (b) of section 1202 

of the National Defense Authorization Act for Fiscal Year 2000 

(Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note), as most 

recently amended by section 1246(b) of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 2544), is further amended— 

(1) in paragraph (7)— 

(A) by adding at the end before the period the following: 

‘‘or otherwise undermine the Department of Defense’s capability to conduct information assurance’’; and 

(B) by adding at the end the following: ‘‘Such analyses 

shall include an assessment of the damage inflicted on 

the Department of Defense by reason thereof.’’; and 

(2) in paragraph (9), by adding at the end the following: 

‘‘Such analyses shall include an assessment of the nature of 

China’s cyber activities directed against the Department of 

Defense and an assessment of the damage inflicted on the 

Department of Defense by reason thereof. Such cyber activities 

shall include activities originating or suspected of originating 

from China and shall include government and non-government 

activities believed to be sanctioned or supported by the Government of China.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to reports required to be submitted under 

subsection (a) of section 1202 of the National Defense Authorization 

Act for Fiscal Year 2000, as so amended, on or after that date. 

SEC. 1239. REPORT ON EXPANSION OF PARTICIPATION IN EURO-NATO 

JOINT JET PILOT TRAINING PROGRAM. 

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

of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional 

defense committees and the Committee on Foreign Relations of 

the Senate and the Committee on Foreign Affairs of the House 

of Representatives a report on the desirability and feasibility of 

10 USC 113 note. 


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expanding participation in the Euro-NATO Joint Jet Pilot Training 

(ENJJPT) program to include additional countries. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include the following: 

(1) An assessment of the ENJJPT program as it relates 

to United States national security. 

(2) An assessment of the current participation in the 

ENJJPT program and whether it fully meets the needs of 

the program and United States and NATO objectives. 

(3) An analysis of whether participation of additional countries in the ENJJPT program would benefit the program and 

United States national security. 

(4) A recommendation of additional countries, if any, that 

could participate in the ENJJPT program, including NATO 

member nations not currently participating in the program, 

major non-NATO allies, Partnership for Peace nations, and 

other countries. 

(5) The restrictions or limitations that currently prevent 

additional countries from participating in the ENJJPT program. 

(6) An assessment of the costs and benefits to the United 

States, including potential benefits to United States security 

interests of improved training opportunities for other countries, 

of a United States-sponsored scholarship program to assist 

certain countries to meet the cost-sharing obligations of participation in the ENJJPT program, and whether authorities currently exist to institute such a scholarship program. 

SEC. 1240. REPORT ON RUSSIAN NUCLEAR FORCES. 

(a) REPORT.—Not later than March 1, 2012, the Secretary of 

Defense, in coordination with the Director of National Intelligence, 

shall submit to the appropriate congressional committees a report 

on the nuclear forces of the Russian Federation and the New 

START Treaty. 

(b) MATTERS INCLUDED.—The report under section (a) shall 

include an assessment of the following: 

(1) The assessed number of nuclear forces by category 

of nuclear warheads and delivery vehicles relative to New 

START levels by 2017 and by 2022, including potential shifts 

of such numbers during such periods. 

(2) Options with respect to the size and composition of 

Russian nuclear forces that Russia is considering, including 

decreases below the New START levels and plans for 

maintaining New START levels, including options related to 

developing and deploying a new heavy intercontinental ballistic 

missile and multiple independently targetable reentry vehicle 

capability. 

(3) Factors that are likely to influence the number and 

composition of Russian nuclear forces. 

(4) Effects of shifts in the number and composition of 

Russian nuclear forces on strategic stability. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the congressional defense committees; 


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(B) the Committee on Foreign Affairs of the House 

of Representatives and the Committee on Foreign Relations 

of the Senate; and 

(C) the Permanent Select Committee on Intelligence 

of the House of Representatives and the Select Committee 

on Intelligence of the Senate. 

(2) NEW START TREATY.—The term ‘‘New START Treaty’’ 

means the Treaty between the United States of America and 

the Russian Federation on Measures for the Further Reduction 

and Limitation of Strategic Offensive Arms, signed on April 

8, 2010. 

SEC. 1241. REPORT ON PROGRESS OF THE AFRICAN UNION IN 

OPERATIONALIZING THE AFRICAN STANDBY FORCE. 

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

of the enactment of this Act, the Under Secretary of Defense for 

Policy shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on the progress 

of the African Union in operationalizing the African Standby Force. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the existing personnel strengths and 

capabilities of each of the five regional brigades of the African 

Standby Force and their brigade-level headquarters. 

(2) An assessment of the specific capacity-building needs 

of the African Standby Force, including with respect to supply 

management, information management, strategic planning, and 

other critical components. 

(3) A description of the functionality of the supply depots 

of each brigade referred to in paragraph (1), and current 

information on existing stocks of each such brigade. 

(4) An assessment of the capacity of the African Union 

to manage the African Standby Force. 

(5) An assessment of inter-organizational coordination on 

assistance to the African Union and the African Standby Force 

between multilateral donors, including the United Nations, the 

European Union, and the North Atlantic Treaty Organization. 

(6) An assessment of the capacity of the African Union 

to absorb additional international assistance toward the 

development of a fully functional African Standby Force. 

SEC. 1242. DEFENSE COOPERATION WITH REPUBLIC OF GEORGIA. 

(a) PLAN FOR NORMALIZATION.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall, with the concurrence of the Secretary of State, develop and 

submit to the congressional defense committees and the Committee 

on Foreign Relations of the Senate and the Committee on Foreign 

Affairs of the House of Representatives a plan for the normalization 

of United States defense cooperation with the Republic of Georgia, 

including the sale of defensive arms. 

(b) OBJECTIVES.—The plan required under subsection (a) shall 

address the following objectives: 

(1) To establish a normalized defense cooperation relationship between the United States and the Republic of Georgia, 

taking into consideration the progress of the Government of 

the Republic of Georgia on democratic and economic reforms 

and the capacity of the Georgian armed forces. 

Deadline. 

Definition. 


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(2) To support the Government of the Republic of Georgia 

in providing for the defense of its government, people, and 

sovereign territory, consistent with the continuing commitment 

of the Government of the Republic of Georgia to its non-useof-force pledge and consistent with Article 51 of the Charter 

of the United Nations. 

(3) To provide for the sale by the United States of defense 

articles and services in support of the efforts of the Government 

of the Republic of Georgia to provide for its own self-defense 

consistent with paragraphs (1) and (2). 

(4) To continue to enhance the ability of the Government 

of the Republic of Georgia to participate in coalition operations 

and meet NATO partnership goals. 

(5) To encourage NATO member and candidate countries 

to restore and enhance their sales of defensive articles and 

services to the Republic of Georgia as part of a broader NATO 

effort to deepen its defense relationship and cooperation with 

the Republic of Georgia. 

(6) To ensure maximum transparency in the United StatesGeorgia defense relationship. 

(c) INCLUDED INFORMATION.—The plan required under subsection (a) shall include the following information: 

(1) A needs-based assessment, or an update to an existing 

needs-based assessment, of the defense requirements of the 

Republic of Georgia, which shall be prepared by the Department 

of Defense. 

(2) A description of each of the letters of offer and acceptance by the Government of the Republic of Georgia for purchase 

of defense articles and services during the two-year period 

ending on the date of the report. 

(3) A summary of the defense needs asserted by the Government of the Republic of Georgia as justification for its requests 

for defensive arms purchases. 

(4) A description of the action taken on any defensive 

arms sale request by the Government of the Republic of Georgia 

and an explanation for such action. 

(d) FORM.—The plan required under subsection (a) shall be 

submitted in unclassified form, but may contain a classified annex. 

SEC. 1243. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE MILITARY COMPANIES. 

(a) WAIVER AUTHORIZED.—Subsection (c) of section 1211 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3461; 10 U.S.C. 2302 note) is amended 

to read as follows: 

‘‘(c) WAIVER AUTHORIZED.—The Secretary of Defense may waive 

the prohibition in subsection (a) if the Secretary determines that 

such a waiver is necessary for national security purposes and the 

Secretary submits to the congressional defense committees a report 

described in subsection (d) not less than 15 days before issuing 

the waiver under this subsection.’’. 

(b) REPORT.—Such section is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) REPORT.—The report referred to in subsection (c) is a 

report that identifies the specific reasons for the waiver issued 

under subsection (c) and includes recommendations as to what 

Determination. 

Deadline. 


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actions may be taken to develop alternative sourcing capabilities 

in the future.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

take effect on the date of the enactment of this Act and apply 

with respect to contracts and subcontracts of the Department of 

Defense entered into on or after the date of the enactment of 

this Act. 

SEC. 1244. SHARING OF CLASSIFIED UNITED STATES BALLISTIC MISSILE DEFENSE INFORMATION WITH THE RUSSIAN FEDERATION. 

(a) NOTIFICATION.—No classified United States ballistic missile 

defense information may be made available to the Russian Federation unless, 60 days prior to any instance in which the United 

States Government plans to provide such information to the Russian 

Federation, the President provides notification thereof to the appropriate congressional committees. 

(b) ELEMENTS OF NOTIFICATION.—Each notification provided 

pursuant to subsection (a) shall include the following: 

(1) A detailed description of the classified United States 

ballistic missile defense information to be provided. 

(2) An explanation of the national security interest in providing the information to the Russian Federation and any provisions for reciprocal sharing by the Russian Federation with 

the United States on its defensive systems. 

(3) A certification that providing the information is consistent with United States national disclosure policy as of the 

date of enactment of this Act and that the decision to provide 

the information was made pursuant to a national disclosure 

policy review. 

(4) If applicable, a detailed explanation of whether any 

exceptions to national disclosure policy were required in order 

to provide the information to the Russian Federation and why 

such exceptions were required. 

(5) A certification that adequate measures are in place 

to protect the information from unauthorized disclosure. The 

certification shall include a description of the manner in which 

the information will be protected from unauthorized sharing 

or transfer to third parties as well as an analysis of the risks 

to the capabilities of the United States ballistic missile defense 

system if the information is shared or transferred to an 

unauthorized third party. 

(c) FORM.—Each notification provided pursuant to subsection 

(a) shall be submitted in unclassified form, but may include a 

classified annex. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—For 

the purposes of this section, the term ‘‘appropriate congressional 

committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

(e) CLASSIFIED UNITED STATES BALLISTIC MISSILE DEFENSE

INFORMATION DEFINED.—For the purposes of this section, the term 

‘‘classified United States ballistic missile defense information’’ 

means information related to United States ballistic missile 

Certification. 

Certification. 

Deadline. 

President. 

22 USC 5952 

note. 

Applicability. 

10 USC 2302 

note. 


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defenses that is classified as of, or after, the date of enactment 

of this Act. 

SEC. 1245. IMPOSITION OF SANCTIONS WITH RESPECT TO THE FINANCIAL SECTOR OF IRAN. 

(a) FINDINGS.—Congress makes the following findings: 

(1) On November 21, 2011, the Secretary of the Treasury 

issued a finding under section 5318A of title 31, United States 

Code, that identified Iran as a jurisdiction of primary money 

laundering concern. 

(2) In that finding, the Financial Crimes Enforcement Network of the Department of the Treasury wrote, ‘‘The Central 

Bank of Iran, which regulates Iranian banks, has assisted 

designated Iranian banks by transferring billions of dollars 

to these banks in 2011. In mid-2011, the CBI transferred several billion dollars to designated banks, including Saderat, 

Mellat, EDBI and Melli, through a variety of payment schemes. 

In making these transfers, the CBI attempted to evade sanctions by minimizing the direct involvement of large international banks with both CBI and designated Iranian banks.’’. 

(3) On November 22, 2011, the Under Secretary of the 

Treasury for Terrorism and Financial Intelligence, David 

Cohen, wrote, ‘‘Treasury is calling out the entire Iranian 

banking sector, including the Central Bank of Iran, as posing 

terrorist financing, proliferation financing, and money laundering risks for the global financial system.’’. 

(b) DESIGNATION OF FINANCIAL SECTOR OF IRAN AS OF PRIMARY

MONEY LAUNDERING CONCERN.—The financial sector of Iran, 

including the Central Bank of Iran, is designated as a primary 

money laundering concern for purposes of section 5318A of title 

31, United States Code, because of the threat to government and 

financial institutions resulting from the illicit activities of the 

Government of Iran, including its pursuit of nuclear weapons, support for international terrorism, and efforts to deceive responsible 

financial institutions and evade sanctions. 

(c) FREEZING OF ASSETS OF IRANIAN FINANCIAL INSTITUTIONS.— 

The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit 

all transactions in all property and interests in property of an 

Iranian financial institution if such property and interests in property are in the United States, come within the United States, 

or are or come within the possession or control of a United States 

person. 

(d) IMPOSITION OF SANCTIONS WITH RESPECT TO THE CENTRAL

BANK OF IRAN AND OTHER IRANIAN FINANCIAL INSTITUTIONS.— 

(1) IN GENERAL.—Except as specifically provided in this 

subsection, beginning on the date that is 60 days after the 

date of the enactment of this Act, the President— 

(A) shall prohibit the opening, and prohibit or impose 

strict conditions on the maintaining, in the United States 

of a correspondent account or a payable-through account 

by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the Central Bank of Iran 

or another Iranian financial institution designated by the 

Secretary of the Treasury for the imposition of sanctions 

Effective date. 

President. 

President. 

22 USC 8513a. 


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pursuant to the International Emergency Economic Powers 

Act (50 U.S.C. 1701 et seq.); and 

(B) may impose sanctions pursuant to the International 

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 

with respect to the Central Bank of Iran. 

(2) EXCEPTION FOR SALES OF FOOD, MEDICINE, AND MEDICAL

DEVICES.—The President may not impose sanctions under paragraph (1) with respect to any person for conducting or facilitating a transaction for the sale of food, medicine, or medical 

devices to Iran. 

(3) APPLICABILITY OF SANCTIONS WITH RESPECT TO FOREIGN

CENTRAL BANKS.—Except as provided in paragraph (4), sanctions imposed under paragraph (1)(A) shall apply with respect 

to a foreign financial institution owned or controlled by the 

government of a foreign country, including a central bank of 

a foreign country, only insofar as it engages in a financial 

transaction for the sale or purchase of petroleum or petroleum 

products to or from Iran conducted or facilitated on or after 

that date that is 180 days after the date of the enactment 

of this Act. 

(4) APPLICABILITY OF SANCTIONS WITH RESPECT TO PETROLEUM TRANSACTIONS.— 

(A) REPORT REQUIRED.—Not later than 60 days after 

the date of the enactment of this Act, and every 60 days 

thereafter, the Administrator of the Energy Information 

Administration, in consultation with the Secretary of the 

Treasury, the Secretary of State, and the Director of 

National Intelligence, shall submit to Congress a report 

on the availability and price of petroleum and petroleum 

products produced in countries other than Iran in the 60- 

day period preceding the submission of the report. 

(B) DETERMINATION REQUIRED.—Not later than 90 days 

after the date of the enactment of this Act, and every 

180 days thereafter, the President shall make a determination, based on the reports required by subparagraph (A), 

of whether the price and supply of petroleum and petroleum 

products produced in countries other than Iran is sufficient 

to permit purchasers of petroleum and petroleum products 

from Iran to reduce significantly in volume their purchases 

from Iran. 

(C) APPLICATION OF SANCTIONS.—Except as provided 

in subparagraph (D), sanctions imposed under paragraph 

(1)(A) shall apply with respect to a financial transaction 

conducted or facilitated by a foreign financial institution 

on or after the date that is 180 days after the date of 

the enactment of this Act for the purchase of petroleum 

or petroleum products from Iran if the President determines pursuant to subparagraph (B) that there is a sufficient supply of petroleum and petroleum products from 

countries other than Iran to permit a significant reduction 

in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions. 

(D) EXCEPTION.—Sanctions imposed pursuant to paragraph (1) shall not apply with respect to a foreign financial 

institution if the President determines and reports to Congress, not later than 90 days after the date on which 

Deadline. 

Deadline. 

Deadlines. 

President. 

Determinations. 

Effective date. 


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the President makes the determination required by 

subparagraph (B), and every 180 days thereafter, that the 

country with primary jurisdiction over the foreign financial 

institution has significantly reduced its volume of crude 

oil purchases from Iran during the period beginning on 

the date on which the President submitted the last report 

with respect to the country under this subparagraph. 

(5) WAIVER.—The President may waive the imposition of 

sanctions under paragraph (1) for a period of not more than 

120 days, and may renew that waiver for additional periods 

of not more than 120 days, if the President— 

(A) determines that such a waiver is in the national 

security interest of the United States; and 

(B) submits to Congress a report— 

(i) providing a justification for the waiver; and 

(ii) that includes any concrete cooperation the 

President has received or expects to receive as a result 

of the waiver. 

(e) MULTILATERAL DIPLOMACY INITIATIVE.— 

(1) IN GENERAL.—The President shall— 

(A) carry out an initiative of multilateral diplomacy 

to persuade countries purchasing oil from Iran— 

(i) to limit the use by Iran of revenue from purchases of oil to purchases of non-luxury consumers 

goods from the country purchasing the oil; and 

(ii) to prohibit purchases by Iran of— 

(I) military or dual-use technology, including 

items— 

(aa) in the Annex to the Missile Technology Control Regime Guidelines; 

(bb) in the Annex on Chemicals to the 

Convention on the Prohibition of the Development, Production, Stockpiling and Use of 

Chemical Weapons and on their Destruction, 

done at Paris January 13, 1993, and entered 

into force April 29, 1997 (commonly known 

as the ‘‘Chemical Weapons Convention’’); 

(cc) in Part 1 or 2 of the Nuclear Suppliers 

Group Guidelines; or 

(dd) on a control list of the Wassenaar 

Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; or 

(II) any other item that could contribute to 

Iran’s conventional, nuclear, chemical, or biological 

weapons program; and 

(B) conduct outreach to petroleum-producing countries 

to encourage those countries to increase their output of 

crude oil to ensure there is a sufficient supply of crude 

oil from countries other than Iran and to minimize any 

impact on the price of oil resulting from the imposition 

of sanctions under this section. 

(2) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, and every 180 days thereafter, 

the President shall submit to Congress a report on the efforts 

President. 

Reports. 

President. 

Determination. 

Time periods. 


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of the President to carry out the initiative described in paragraph (1)(A) and conduct the outreach described in paragraph 

(1)(B) and the results of those efforts. 

(f) FORM OF REPORTS.—Each report submitted under this section shall be submitted in unclassified form, but may contain a 

classified annex. 

(g) IMPLEMENTATION; PENALTIES.— 

(1) IMPLEMENTATION.—The President may exercise all 

authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 

1704) to carry out this section. 

(2) PENALTIES.—The penalties provided for in subsections 

(b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person 

that violates, attempts to violate, conspires to violate, or causes 

a violation of this section or regulations prescribed under this 

section to the same extent that such penalties apply to a 

person that commits an unlawful act described in section 206(a) 

of that Act. 

(h) DEFINITIONS.—In this section: 

(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE-THROUGH

ACCOUNT.—The terms ‘‘account’’, ‘‘correspondent account’’, and 

‘‘payable-through account’’ have the meanings given those terms 

in section 5318A of title 31, United States Code. 

(2) FOREIGN FINANCIAL INSTITUTION.—The term ‘‘foreign 

financial institution’’ has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 

104(i) of the Comprehensive Iran Sanctions, Accountability, 

and Divestment Act of 2010 (22 U.S.C. 8513(i)). 

(3) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) a natural person who is a citizen or resident of 

the United States or a national of the United States (as 

defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); and 

(B) an entity that is organized under the laws of the 

United States or a jurisdiction within the United States. 

TITLE XIII—COOPERATIVE THREAT 

REDUCTION 

Sec. 1301. Specification of cooperative threat reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on availability of funds for cooperative biological engagement 

program. 

Sec. 1304. Limitation on use of funds for establishment of centers of excellence in 

countries outside of the former Soviet Union. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 

specified in section 1501 of the National Defense Authorization 

Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 

Applicability. 


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(b) FISCAL YEAR 2012 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2012 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 and made 

available by the funding table in section 4301 for Cooperative 

Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 and made available by the funding table in section 4301 for Cooperative Threat 

Reduction programs shall be available for obligation for fiscal years 

2012, 2013, and 2014. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $508,219,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2012 in section 301 and made available by the funding 

table in section 4301 for Cooperative Threat Reduction programs, 

the following amounts may be obligated for the purposes specified: 

(1) For strategic offensive arms elimination, $63,221,000. 

(2) For chemical weapons destruction, $9,804,000. 

(3) For global nuclear security, $121,143,000. 

(4) For cooperative biological engagement, $259,470,000. 

(5) For proliferation prevention, $28,080,000. 

(6) For threat reduction engagement, $2,500,000. 

(7) For activities designated as Other Assessments/ 

Administrative Costs, $24,001,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2012 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (7) of subsection (a) 

until 15 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2012 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case 

in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may 

obligate amounts appropriated for fiscal year 2012 for a purpose 

listed in paragraphs (1) through (7) of subsection (a) in excess 

of the specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds 

for a purpose stated in paragraphs (1) through (7) of subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after— 

(A) the Secretary submits to Congress notification of 

the intent to do so together with a complete discussion 

of the justification for doing so; and 

(B) 15 days have elapsed following the date of the 

notification. 

Time period. 


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SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE BIOLOGICAL ENGAGEMENT PROGRAM. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by section 1302(a)(4) or otherwise made available for fiscal year 

2012 for cooperative biological engagement, not more than 80 percent may be obligated or expended until the date on which the 

Secretary of Defense submits to the appropriate congressional 

committees the following: 

(1) A detailed analysis of the effect of the cooperative 

biological engagement program. 

(2) Either— 

(A) written certification that the efforts of the cooperative biological engagement program— 

(i) result in changed practices or are otherwise 

effective; and 

(ii) lead to threat reduction; or 

(B) a detailed list of policy and program recommendations considered necessary by the Secretary to modify, 

expand, or curtail the cooperative biological engagement 

program in order to achieve the objectives described by 

subparagraph (A). 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives. 

(2) The Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1304. LIMITATION ON USE OF FUNDS FOR ESTABLISHMENT OF 

CENTERS OF EXCELLENCE IN COUNTRIES OUTSIDE OF 

THE FORMER SOVIET UNION. 

Not more than $500,000 of the fiscal year 2012 Cooperative 

Threat Reduction funds may be obligated or expended to establish 

a center of excellence in a country that is not a state of the 

former Soviet Union until the date that is 15 days after the date 

on which the Secretary of Defense submits to the congressional 

defense committees a report that includes the following: 

(1) An identification of the country in which the center 

will be located. 

(2) A description of the purpose for which the center will 

be established. 

(3) The agreement under which the center will operate. 

(4) A funding plan for the center, including— 

(A) the amount of funds to be provided by the government of the country in which the center will be located; 

and 

(B) the percentage of the total cost of establishing 

and operating the center the funds described in subparagraph (A) will cover. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Chemical Agents and Munitions Destruction, Defense. 

Deadline. 

Reports. 

List. 

Analysis. 

Certification. 

Recommendations. 


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Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Revision to required receipt objectives for previously authorized disposals from the National Defense Stockpile. 

Subtitle C—Other Matters 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

Sec. 1422. Authority for transfer of funds to Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4501. 

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the fiscal year 2012 for the 

National Defense Sealift Fund, as specified in the funding table 

in section 4501. 

(b) AUTHORIZED PROCUREMENT.—Funds appropriated pursuant 

to the authorization of appropriations in subsection (a) may be 

used to purchase an offshore petroleum distribution system, and 

the associated tender for that system, that are under charter by 

the Military Sealift Command as of January 1, 2011. 

SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2012 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in 

the funding table in section 4501. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4501. 


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SEC. 1405. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 

SEC. 1406. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the Defense Health Program, as specified in the funding 

table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for 

the health of eligible beneficiaries. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2012, 

the National Defense Stockpile Manager may obligate up to 

$50,107,320 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that 

are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. REVISION TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL 

DEFENSE STOCKPILE. 

Section 3402(b) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 50 U.S.C. 98d note), as 

most recently amended by section 1412 of the Ike Skelton National 

Defense Authorization Act for Fiscal Year 2011 (Public Law 111– 

383; 124 Stat. 4412), is further amended by striking ‘‘$730,000,000 

by the end of fiscal year 2013’’ in paragraph (5) and inserting 

‘‘$830,000,000 by the end of fiscal year 2016’’. 

Subtitle C—Other Matters 

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2012 from the Armed Forces Retirement Home Trust Fund the 

sum of $67,700,000 for the operation of the Armed Forces Retirement Home. 

50 USC 98d note. 

Time period. 

Notification. 


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SEC. 1422. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE–DEPARTMENT OF VETERANS AFFAIRS 

MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 

JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated by section 1406 and available for the Defense 

Health Program for operation and maintenance, $135,600,000 may 

be transferred by the Secretary of Defense to the Joint Department 

of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84; 123 Stat. 2571). For purposes of subsection 

(a)(2) of such section 1704, any funds so transferred shall be treated 

as amounts authorized and appropriated specifically for the purpose 

of such a transfer. 

(b) USE OF TRANSFERRED FUNDS.—For purposes of subsection 

(b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the 

Captain James A. Lovell Federal Health Care Center, consisting 

of the North Chicago Veterans Affairs Medical Center, the Navy 

Ambulatory Care Center, and supporting facilities designated as 

a combined Federal medical facility under an operational agreement 

covered by section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4500). 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Subtitle A—Authorization of Additional Appropriations 

Sec. 1501. Purpose. 

Sec. 1502. Procurement. 

Sec. 1503. Research, development, test, and evaluation. 

Sec. 1504. Operation and maintenance. 

Sec. 1505. Military personnel. 

Sec. 1506. Working capital funds. 

Sec. 1507. Defense Health Program. 

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1509. Defense Inspector General. 

Subtitle B—Financial Matters 

Sec. 1521. Treatment as additional authorizations. 

Sec. 1522. Special transfer authority. 

Subtitle C—Limitations and Other Matters 

Sec. 1531. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1532. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1533. Availability of funds in Afghanistan Security Forces Fund. 

Sec. 1534. One-year extension of project authority and related requirements of 

Task Force for Business and Stability Operations in Afghanistan. 

Sec. 1535. Limitation on availability of funds for Trans Regional Web Initiative. 

Sec. 1536. Report on lessons learned from Department of Defense participation on 

interagency teams for counterterrorism operations in Afghanistan and 

Iraq. 


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Subtitle A—Authorization of Additional 

Appropriations 

SEC. 1501. PURPOSE. 

The purpose of this subtitle is to authorize appropriations for 

the Department of Defense for fiscal year 2012 to provide additional 

funds for overseas contingency operations being carried out by 

the Armed Forces. 

SEC. 1502. PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for procurement accounts for the Army, the Navy and the 

Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102. 

SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in 

section 4202. 

SEC. 1504. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, as specified in the 

funding table in section 4302. 

SEC. 1505. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for military personnel, as specified in the funding 

table in section 4402. 

SEC. 1506. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2012 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds, as specified in the funding 

table in section 4502. 

SEC. 1507. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise 

provided for, for the Defense Health Program, as specified in the 

funding table in section 4502. 

SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, as specified in the funding table in section 4502. 

SEC. 1509. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2012 for expenses, not otherwise 


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provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502. 

Subtitle B—Financial Matters 

SEC. 1521. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 

SEC. 1522. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

(1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2012 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this subsection may not exceed $4,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

Subtitle C—Limitations and Other Matters 

SEC. 1531. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) 

of section 1514 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 

as in effect before the amendments made by section 1503 of the 

Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4649), shall apply to the 

funds made available to the Department of Defense for the Joint 

Improvised Explosive Device Defeat Fund for fiscal year 2012. 

(b) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 

later than 15 days after the end of each month of fiscal year 

2012, the Secretary of Defense shall provide to the congressional 

defense committees a report on the Joint Improvised Explosive 

Device Defeat Fund explaining monthly commitments, obligations, 

and expenditures by line of action. 

SEC. 1532. CONTINUATION OF PROHIBITION ON USE OF UNITED 

STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN 

IRAQ. 

Section 1508(a) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4651) shall apply to funds authorized to be appropriated 

by this title. 

Applicability. 

Applicability. 

Applicability. 

Determination. 


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SEC. 1533. AVAILABILITY OF FUNDS IN AFGHANISTAN SECURITY 

FORCES FUND. 

(a) CONTINUATION OF EXISTING LIMITATIONS.—Funds available 

to the Department of Defense for the Afghanistan Security Forces 

Fund for fiscal year 2012 shall be subject to the conditions contained 

in subsections (b) through (g) of section 1513 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 428), as amended by section 1531(b) of the Ike Skelton 

National Defense Authorization Act for Fiscal Year 2011 (Public 

Law 111–383; 124 Stat. 4424). 

(b) AVAILABILITY FOR LITERACY INSTRUCTION AND TRAINING.— 

Assistance provided utilizing funds in the Afghanistan Security 

Forces Fund may include literacy instruction and training to build 

the logistical, management, and administrative capacity of military 

and civilian personnel of the Ministry of Defense and Ministry 

of Interior, including through instruction at training facilities of 

the North Atlantic Treaty Organization Training Mission in 

Afghanistan. 

(c) MANAGEMENT AND OVERSIGHT OF CONTRACTS.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to the congressional defense 

committees a report containing the Secretary’s determination 

regarding whether the Department of Defense has sufficient 

management and oversight mechanisms in place with respect to 

contracts to be entered into during fiscal year 2012 using funds 

in the Afghanistan Security Forces Fund. If the Secretary determines that sufficient management and oversight mechanisms are 

not already in place, the Secretary shall include in the report 

a plan for improving such management and oversight mechanisms. 

SEC. 1534. ONE-YEAR EXTENSION OF PROJECT AUTHORITY AND 

RELATED REQUIREMENTS OF TASK FORCE FOR BUSINESS 

AND STABILITY OPERATIONS IN AFGHANISTAN. 

(a) EXTENSION.—Subsection (a) of section 1535 of the Ike 

Skelton National Defense Authorization Act for Fiscal Year 2011 

(Public Law 111–383; 124 Stat. 4426) is amended— 

(1) in paragraph (6)— 

(A) by striking ‘‘October 31, 2011,’’ and inserting 

‘‘October 31, 2011, and October 31, 2012’’; and 

(B) by striking ‘‘fiscal year 2011’’ and inserting ‘‘the 

preceding fiscal year’’; and 

(2) in paragraph (7), by striking ‘‘September 30, 2011’’ 

and inserting ‘‘September 30, 2012’’. 

(b) AUTHORIZED PROJECTS.—Paragraph (3) of such subsection 

is amended to read as follows: 

‘‘(3) SCOPE OF PROJECTS.—The projects carried out under 

paragraph (1) may include projects that facilitate private investment, mining sector development, industrial development, and 

other projects determined by the Secretary of Defense, with 

the concurrence of the Secretary of State, as strengthening 

stability or providing strategic support to the counterinsurgency 

campaign in Afghanistan. To the maximum extent possible, 

the activities of the Task Force for Business and Stability 

Operations in Afghanistan should focus on improving the 

commercial viability of other reconstruction or development 

activities in Afghanistan conducted by the United States.’’. 

Determination. 

Plans. 

Deadline. 

Reports. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1659 

(c) FUNDING LIMITATION.—Paragraph (4) of such subsection 

is amended— 

(1) by inserting before the period at the end of the second 

sentence the following: ‘‘for fiscal year 2012, except that not 

more than 50 percent of such amount may be obligated until 

the plan required by subsection (b) is submitted to the appropriate congressional committees’’; and 

(2) by adding at the end the following new sentence: ‘‘The 

funds shall be available for projects under paragraph (1) that 

begin in one fiscal year and end in the following fiscal year.’’. 

SEC. 1535. LIMITATION ON AVAILABILITY OF FUNDS FOR TRANS 

REGIONAL WEB INITIATIVE. 

None of the amounts authorized to be appropriated by this 

Act may be obligated or expended on any program under the Trans 

Regional Web Initiative of the Department of Defense, or any 

similar initiative, until the Secretary of Defense certifies, in writing, 

to the Committees on Armed Services of the Senate and the House 

of Representatives that such program— 

(1) appropriately defines its target audience; 

(2) is determined to be the most effective method to reach 

such target audience; 

(3) is the most cost-effective means of reaching such target 

audience; and 

(4) includes measurement mechanisms to ensure such target audience is being reached. 

SEC. 1536. REPORT ON LESSONS LEARNED FROM DEPARTMENT OF 

DEFENSE PARTICIPATION ON INTERAGENCY TEAMS FOR 

COUNTERTERRORISM OPERATIONS IN AFGHANISTAN 

AND IRAQ. 

(a) ASSESSMENT AND REPORT REQUIRED.—The Secretary of 

Defense shall direct a federally funded research and development 

center to conduct an assessment on lessons learned from the use 

of interagency teams for counterterrorism operations in Afghanistan 

and Iraq. Not later than one year after the date of the enactment 

of this Act, the Secretary shall submit to the congressional defense 

committees a report containing the results of the assessment, 

together with the comments of the Secretary regarding the assessment and each of the elements of the assessment specified in 

subsection (b). 

(b) ELEMENTS.—The assessment and report required by subsection (a) shall include the following: 

(1) An assessment of the value of interagency teams in 

counterterrorism operations. 

(2) An explanation of how and why the requirements for 

effective interagency teams differ from teams composed entirely 

of Department of Defense personnel. 

(3) A description of the best practices of such interagency 

teams and efforts to codify such best practices. 

(4) A description of the challenges in forming and operating 

effective interagency teams. 

(5) An assessment whether the lessons learned through 

Department of Defense participation on such interagency teams 

is applicable to other interagency teams in which Department 

personnel participate. 

Certification. 

Certification. 

Deadline. 


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125 STAT. 1660 PUBLIC LAW 112–81—DEC. 31, 2011 

(6) An assessment of the feasibility and advisability of 

adding a skill identifier to track Department civilian and military personnel who have successfully supported, participated 

on, or led an interagency team. 

(7) A description of the additional authorities, if any, 

needed to permit Department personnel to more effectively 

support, participate on, or lead an interagency team. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form to the extent possible, 

but may include a classified annex. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2012’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 

Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVII for military construction projects, land 

acquisition, family housing projects and facilities, and contributions 

to the North Atlantic Treaty Organization Security Investment 

Program (and authorizations of appropriations therefor) shall expire 

on the later of— 

(1) October 1, 2014; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2015. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2014; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2015 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 

TITLE XXI—ARMY MILITARY 

CONSTRUCTION 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2010 project. 

Sec. 2107. Modification of authority to carry out certain fiscal year 2011 projects. 

Sec. 2108. Additional authority to carry out certain fiscal year 2012 project. 

Sec. 2109. Extension of authorizations of certain fiscal year 2008 projects. 

Sec. 2110. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2111. Tour normalization. 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2012. 


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Sec. 2112. Technical amendments to correct certain project specifications. 

Sec. 2113. Reduction of Army military construction authorization. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ........................ Fort Wainwright ...................................... $114,000,000 

JB Elmendorf-Richardson ....................... $103,600,000 

Alabama .................... Fort Rucker .............................................. $11,600,000 

California ................... Fort Irwin ................................................. $23,000,000 

Presidio Monterey .................................... $3,000,000 

Colorado ..................... Fort Carson .............................................. $238,600,000 

Georgia ...................... Fort Benning ............................................ $66,700,000 

Fort Gordon .............................................. $1,450,000 

Fort Stewart ............................................. $2,600,000 

Hawaii ....................... Fort Shafter ............................................. $17,500,000 

Schofield Barracks ................................... $105,000,000 

Kansas ....................... Forbes Air Field ....................................... $5,300,000 

Fort Riley ................................................. $83,400,000 

Kentucky ................... Fort Campbell .......................................... $247,500,000 

Fort Knox ................................................. $55,000,000 

Louisiana ................... Fort Polk .................................................. $70,100,000 

Maryland ................... Aberdeen Proving Ground ...................... $78,500,000 

Fort Meade ............................................... $79,000,000 

Missouri ..................... Fort Leonard Wood .................................. $49,000,000 

North Carolina .......... Fort Bragg ................................................ $186,000,000 

New York ................... Fort Drum ................................................ $13,300,000 

Oklahoma .................. Fort Sill .................................................... $184,600,000 

McAlester ................................................. $8,000,000 

South Carolina .......... Fort Jackson ............................................. $63,900,000 

Texas .......................... Fort Bliss .................................................. $122,500,000 

Fort Hood ................................................. $132,000,000 

JB San Antonio ........................................ $10,400,000 

Red River Army Depot ............................ $44,000,000 

Utah ........................... Dugway Proving Ground ......................... $32,000,000 

Virginia ...................... Fort Belvoir .............................................. $77,000,000 

JB Langley Eustis ................................... $26,000,000 

Washington ............... JB Lewis McChord .................................. $296,300,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 


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Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............... Bagram Air Base ..................................... $80,000,000 

Germany .................... Grafenwoehr ............................................ $38,000,000 

Landstuhl ................................................. $63,000,000 

Oberdachstetten ...................................... $12,200,000 

Stuttgart .................................................. $12,200,000 

Vilseck ...................................................... $20,000,000 

Korea, Republic of ..... Camp Carroll ........................................... $41,000,000 

Camp Henry ............................................ $48,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104 and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Army 

may construct or acquire family housing units (including land 

acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in 

the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany ...................... Grafenwoehr ................ Family Housing New 

Construction (26 

units) ......... $13,000,000 

Illesheim ...................... Family Housing Replacement Construction 

(80 units) ... $41,000,000 

Vilseck ......................... Family Housing New 

Construction (22 

units) ......... $12,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2104 

and available for military family housing functions as specified 

in the funding table in section 4601, the Secretary of the Army 

may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,897,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104 and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Army may improve existing military family housing 

units in an amount not to exceed $103,000,000. 


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SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Army, as specified in the funding 

table in section 4601. 

(b) LIMITATION.—The Secretary of the Army shall not enter 

into an award for a Road and Infrastructure Improvements project 

at Fort Belvoir, Virginia, until the Secretary certifies to the congressional defense committees that sufficient private funding has been 

raised and a construction award has been made to concurrently 

construct the ‘‘Baseline Museum’’ phase of the National Museum 

of the United States Army. 

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2009 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 

4658) for Fort Benning, Georgia, for construction of a Multipurpose 

Training Range at the installation, the Secretary of the Army 

may construct up to 1,802 square feet of loading dock consistent 

with the Army’s construction guidelines for Multipurpose Training 

Ranges. 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2010 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2629) 

for Joint Base Lewis-McChord, Washington, for construction of an 

access road adjoining McChord Air Force Base and Fort Lewis, 

the Secretary of the Army may construct a secure elevated roadway 

over the existing railroad and public road in lieu of an on-grade 

road and access control point. 

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2011 PROJECTS. 

(a) HAWAII.—In the case of the authorization contained in the 

table in section 2101(a) of the Military Construction Authorization 

Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 

Stat. 4437) for Schofield Barracks, Hawaii, for renovations of 

buildings 450 and 452, the Secretary of the Army may renovate 

building 451 in lieu of building 452. 

(b) NEW YORK.—In the case of the authorization contained 

in the table in section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 2011 (division B of Public Law 

111–383; 124 Stat. 4437) for Fort Drum, New York, for construction 

of an Aircraft Maintenance Hangar at the installation, the Secretary 

of the Army may construct up to 39,049 square yards of parking 

apron consistent with the Army’s construction guidelines for Aircraft 

Maintenance Hangars and associated parking aprons. 

(c) GERMANY.—In the case of the authorization contained in 

the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2011 (division B of Public Law 111–383; 

124 Stat. 4438) for Wiesbaden Air Base, Germany, for construction 

of an Information Processing Center at the installation, the Secretary of the Army may construct up to 9,400 square yards of 

Grants. 

Certification. 


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vehicle parking garage consistent with the Army’s construction 

guidelines for parking garages, in lieu of renovating 9,400 square 

yards of parking area. 

SEC. 2108. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL 

YEAR 2012 PROJECT. 

(a) PROJECT AUTHORIZATION.—The Secretary of the Army may 

carry out a military construction project to construct a water treatment facility for Fort Irwin, California, in the amount of 

$115,000,000. 

(b) USE OF UNOBLIGATED PRIOR-YEAR ARMY MILITARY

CONSTRUCTION FUNDS.—The Secretary may use available, unobligated Army military construction funds appropriated for a fiscal 

year before fiscal year 2012 for the project described in subsection 

(a). 

(c) CONGRESSIONAL NOTIFICATION.—The Secretary of the Army 

shall provide information in accordance with section 2851(c) of 

title 10, United States Code, regarding the project described in 

subsection (a). If it becomes necessary to exceed the estimated 

project cost, the Secretary shall utilize the authority provided by 

section 2853 of such title regarding authorized cost and scope of 

work variations. 

SEC. 2109. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2008 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B 

of Public Law 110–181; 122 Stat. 503), authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (122 Stat. 504), shall remain in effect until October 1, 2012, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2013, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2008 Project Authorizations 

State Installation or 

Location Project Amount 

Louisiana Fort Polk ............. Child Care Facility .......................... $6,100,000 

Missouri Fort Leonard 

Wood.

Multipurpose Machine Gun Range $4,150,000 

SEC. 2110. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2009 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4658), authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (122 Stat. 4659), shall remain in effect until October 1, 2012, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2013, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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Army: Extension of 2009 Project Authorizations 

State/ 

Country 

Installation or Location Project Amount 

Alabama .... Anniston Army Depot Lake Yard Interchange ........ $1,400,000 

Hawaii ....... Schofield Barracks ..... Brigade Complex .................. $65,000,000 

.................... Schofield Barracks ..... Battalion Complex ................ $69,000,000 

.................... Schofield Barracks ..... Battalion Complex ................ $27,000,000 

.................... Schofield Barracks ..... Infrastructure Expansion .... $76,000,000 

New Jersey Picatinny Arsenal ...... Ballistic Evaluation Facility 

Phase I ............................... $9,900,000 

Virginia ..... Fort Eustis ................. Vehicle Paint Facility ........... $3,900,000 

SEC. 2111. TOUR NORMALIZATION. 

None of the funds authorized to be appropriated under this 

Act may be obligated or expended for additional tour normalization 

until— 

(1) the Director of Cost Assessment and Program Evaluation conducts an analysis of alternatives to tour normalization 

that identifies alternative courses of action and their associated 

life cycle costs, potential benefits, advantages, and disadvantages; 

(2) the Secretary of Defense submits to the congressional 

defense committees a master plan for completing all phases 

of tour normalization that includes a detailed description of 

all costs and a schedule for the construction of necessary facilities and infrastructure; and 

(3) legislation enacted after the date of the enactment 

of this Act authorizes the obligation of funds for such purpose. 

SEC. 2112. TECHNICAL AMENDMENTS TO CORRECT CERTAIN PROJECT 

SPECIFICATIONS. 

The table in section 3002 of the Ike Skelton National Defense 

Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 

Stat. 4503) is amended— 

(1) in the item for the Army relating to ‘‘Entry Control 

Point and Access Roads’’ that appears immediately below the 

item relating to ‘‘Vet Clinic & Kennel’’ at Bagram Air Force 

Base, by striking ‘‘Delaram Ii’’ in the State/Country and 

Installation column and inserting ‘‘Delaram II’’; and 

(2) in the item for the Army that appears immediately 

below the item relating to ‘‘Electrical Utility Systems, Ph.2’’ 

at the Shank installation, by striking ‘‘Expand Extended 

Cooperation Programme I and Extended Cooperation Programme 2’’ in the Project Title column and inserting ‘‘Expand 

Entry Control Point 1 and Entry Control Point 2’’. 

SEC. 2113. REDUCTION OF ARMY MILITARY CONSTRUCTION 

AUTHORIZATION. 

Amounts previously authorized for military construction, land 

acquisition, and military family housing functions of the Department of the Army for fiscal years prior to fiscal year 2012 are 

hereby reduced by $100,000,000. 

Master plan. 


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125 STAT. 1666 PUBLIC LAW 112–81—DEC. 31, 2011 

TITLE XXII—NAVY MILITARY 

CONSTRUCTION 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2206. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2207. Guam realignment. 

Sec. 2208. Reduction of Navy military construction authorization. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ............. Yuma ................................................................ $162,785,000 

California .......... Barstow ............................................................ $8,590,000 

Bridgeport ........................................................ $16,138,000 

Camp Pendleton .............................................. $335,080,000 

Coronado .......................................................... $108,435,000 

Point Mugu ...................................................... $15,377,000 

Twentynine Palms ........................................... $67,109,000 

Florida .............. Jacksonville ...................................................... $36,552,000 

Mayport ............................................................ $14,998,000 

Whiting Field ................................................... $20,620,000 

Georgia ............. Kings Bay ......................................................... $86,063,000 

Hawaii .............. Barking Sands ................................................. $9,679,000 

Joint Base Pearl Harbor-Hickam ................... $7,492,000 

Kaneohe Bay .................................................... $57,704,000 

Illinois ............... Great Lakes ..................................................... $91,042,000 

Maryland .......... Indian Head ..................................................... $67,779,000 

Patuxent River ................................................ $45,844,000 

North Carolina Camp Lejeune .................................................. $200,482,000 

Cherry Point Marine Corps Air Station ........ $17,760,000 

New River ........................................................ $78,930,000 

South Carolina Beaufort ........................................................... $21,096,000 

Virginia ............. Norfolk ............................................................. $108,228,000 

Portsmouth ...................................................... $74,864,000 

Quantico ........................................................... $183,690,000 

Washington ...... Bremerton ........................................................ $13,341,000 

Kitsap ............................................................... $758,842,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2204 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military 

construction projects for the installation or location outside the 

United States, and in the amounts, set forth in the following table: 


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Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain .................... SW Asia ...................................................... $55,010,000 

Diego Garcia ............ Diego Garcia ............................................... $35,444,000 

Djibouti .................... Camp Lemonier .......................................... $89,499,000 

SEC. 2202. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2204 and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Navy may carry out architectural and 

engineering services and construction design activities with respect 

to the construction or improvement of family housing units in 

an amount not to exceed $3,199,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204 and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Navy may improve existing military family housing 

units in an amount not to exceed $97,773,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2011, for military construction, land 

acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 

4601. 

SEC. 2205. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2008 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B 

of Public Law 110–181; 122 Stat. 503), the authorization set forth 

in the table in subsection (b), as provided in section 2201(c) of 

that Act (122 Stat. 511) and extended by section 2206 of the Military 

Construction Authorization Act for Fiscal Year 2011 (division B 

of Public Law 111–383; 124 Stat. 4443), shall remain in effect 

until October 1, 2012, or the date of an Act authorizing funds 

for military construction for fiscal year 2013, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2008 Project Authorization 

State/Country Installation or Location Project Amount 

Worldwide Unspecified ........................ Various ..................... Host Nation Infrastructure ............... $2,700,000 

(c) TECHNICAL AMENDMENT FOR CONSISTENCY IN PROJECT

AUTHORIZATION DISPLAY.—The table in section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2008 (division 


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125 STAT. 1668 PUBLIC LAW 112–81—DEC. 31, 2011 

B of Public Law 110–181; 122 Stat. 511) is amended to read as 

follows: 

Navy: Worldwide Unspecified 

State/Country Installation or Location Project Amount 

Worldwide Unspecified ........................ Various ..................... Wharf Utilities Upgrade ..................... $8,900,000 

Worldwide Unspecified ........................ Various ..................... Host Nation Infrastructure ............... $2,700,000 

SEC. 2206. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2009 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4658), the authorization set forth 

in the table in subsection (b), as provided in section 2201 of that 

Act (122 Stat 4670), shall remain in effect until October 1, 2012, 

or the date of an Act authorizing funds for military construction 

for fiscal year 2013, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Navy: Extension of 2009 Project Authorizations 

State/Country Installation or Location Project Amount 

California ........... Marine Corps Base, 

Camp Pendelton .. Operations Access 

Points, Red Beach ...... $11,970,000 

............................. Marine Corps Air 

Station, Miramar Emergency Response 

Station ......................... $6,530,000 

District of Columbia.Washington Navy 

Yard ...................... Child Development Center ................................ $9,340,000 

SEC. 2207. GUAM REALIGNMENT. 

(a) RESTRICTION ON USE OF FUNDS.—Except as provided in 

subsection (c), notwithstanding any other provision of law, none 

of the funds authorized to be appropriated under this Act, and 

none of the amounts provided by the Government of Japan for 

military construction activities on land under the jurisdiction of 

the Department of Defense, may be obligated to implement the 

realignment of United States Marine Corps forces from Okinawa 

to Guam as envisioned in the United States–Japan Roadmap for 

Realignment Implementation issued May 1, 2006, until— 

(1) the Commandant of the Marine Corps, in consultation 

with the Commander of the United States Pacific Command, 

provides the congressional defense committees the Commandant’s preferred force lay-down for the United States Pacific 

Command Area of Responsibility; 


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(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, including a detailed description of 

costs and a schedule for such construction; 

(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; 

(4) a plan coordinated by all pertinent Federal agencies 

is provided to the congressional defense committees detailing 

descriptions of work, costs, and a schedule for completion of 

construction, improvements, and repairs to the non-military 

utilities, facilities, and infrastructure on Guam affected by the 

realignment of forces; and 

(5) the Secretary of Defense— 

(A) submits to the congressional defense committees 

the report on the assessment of the United States force 

posture in East Asia and the Pacific region required under 

section 346 of this Act; or 

(B) certifies to the congressional defense committees 

that the deadline established under such section for the 

submission of such report has not been met. 

(b) DEVELOPMENT OF PUBLIC INFRASTRUCTURE.— 

(1) AUTHORIZATION REQUIRED.—Notwithstanding any other 

provision of law, if the Secretary of Defense determines that 

any grant, cooperative agreement, transfer of funds to another 

Federal agency, or supplement of funds available in fiscal year 

2012 under Federal programs administered by agencies other 

than the Department of Defense will result in the development 

(including repair, replacement, renovation, conversion, improvement, expansion, acquisition, or construction) of public infrastructure on Guam, such grant, transfer cooperative agreement, 

or supplemental funding shall be specifically authorized by 

law. 

(2) PUBLIC INFRASTRUCTURE DEFINED.—In this section, the 

term ‘‘public infrastructure’’ means any utility, method of 

transportation, item of equipment, or facility under the control 

of a public entity or State or local government that is used 

by, or constructed for the benefit of, the general public. 

(c) EXCEPTION TO RESTRICTION ON USE OF FUNDS.—The Secretary of Defense may use funds described in subsection (a) to 

carry out additional analysis under the National Environmental 

Policy Act of 1969 to include the following actions: 

(1) A re-evaluation of live-fire training range complex alternatives, based upon the application of probabilistic modeling; 

and 

(2) The ongoing analysis on the impacts of the realignment 

and build-up on Guam as described in subsection (a) on coral 

reefs in Apra Harbor, Guam. 

SEC. 2208. REDUCTION OF NAVY MILITARY CONSTRUCTION 

AUTHORIZATION. 

Amounts previously authorized for military construction, land 

acquisition, and military family housing functions of the Department of the Navy for fiscal years prior to fiscal year 2012 are 

hereby reduced by $25,000,000. 

Determination. 

Certification. 

Reports. 

Plans. 

Certification. 

Master plan. 


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125 STAT. 1670 PUBLIC LAW 112–81—DEC. 31, 2011 

TITLE XXIII—AIR FORCE MILITARY 

CONSTRUCTION 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authorization to carry out certain fiscal year 2010 

project. 

Sec. 2306. Extension of authorization of certain fiscal year 2009 project. 

Sec. 2307. Reduction of Air Force military construction authorization. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations inside 

the United States, and in the amounts, set forth in the following 

table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska .............................. Eielson AFB .................................. $45,000,000 

JB Elmendorf-Richardson ........... $97,000,000 

Arizona ............................. Davis-Monthan AFB .................... $33,000,000 

Luke AFB ...................................... $24,000,000 

California ......................... Travis AFB ................................... $22,000,000 

Vandenberg AFB .......................... $14,200,000 

Colorado ........................... U.S. Air Force Academy .............. $13,400,000 

Delaware .......................... Dover AFB .................................... $2,800,000 

Kansas ............................. Fort Riley ...................................... $7,600,000 

Louisiana ......................... Barksdale AFB ............................. $23,500,000 

Missouri ........................... Whiteman AFB ............................. $4,800,000 

North Carolina ................ Pope AFB ...................................... $6,000,000 

North Dakota .................. Minot AFB .................................... $67,800,000 

Nebraska ......................... Offutt AFB .................................... $564,000,000 

New Mexico ..................... Cannon AFB ................................. $22,598,000 

Holloman AFB .............................. $29,200,000 

Kirtland AFB ................................ $25,000,000 

Nevada ............................. Nellis AFB .................................... $35,850,000 

Texas ................................ Joint Base San Antonio ............... $110,000,000 

Utah ................................. Hill AFB ........................................ $16,500,000 

Virginia ............................ JB Langley Eustis ........................ $50,000,000 

Washington ...................... Fairchild AFB ............................... $27,600,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out 

military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following 

table: 


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Air Force: Outside the United States 

Country Installation or Location Amount 

Greenland ................................ Thule AB ................................... $28,000,000 

Guam ........................................ Joint Region Marianas ............ $83,600,000 

Germany .................................. Ramstein AB ............................ $34,697,000 

Italy .......................................... Sigonella ................................... $15,000,000 

Korea, Republic Of .................. Osan AB .................................... $23,000,000 

SEC. 2302. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2304 and available for military family 

housing functions as specified in the funding table in section 4601, 

the Secretary of the Air Force may carry out architectural and 

engineering services and construction design activities with respect 

to the construction or improvement of family housing units in 

an amount not to exceed $4,208,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304 and available for military family housing 

functions as specified in the funding table in section 4601, the 

Secretary of the Air Force may improve existing military family 

housing units in an amount not to exceed $80,546,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2011, for military construction, land 

acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 

4601. 

SEC. 2305. MODIFICATION OF AUTHORIZATION TO CARRY OUT CERTAIN FISCAL YEAR 2010 PROJECT. 

In the case of the authorization contained in the table in 

section 2301(a) of the Military Construction Authorization Act for 

Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2636) 

for Hickam Air Force Base, Hawaii, for construction of a Ground 

Control Tower at the installation, the Secretary of the Air Force 

may construct 43 vertical meters (141 vertical feet) in lieu of 111 

square meters (1,195 square feet), consistent with the Air Force’s 

construction guidelines for control towers, using amounts appropriated pursuant to authorizations of appropriations in prior years. 

SEC. 2306. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2009 PROJECT. 

(a) EXTENSION.—The authorization set forth in the table in 

subsection (b), as provided for by title X of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1888) under 

the heading ‘‘MILITARY CONSTRUCTION, AIR FORCE’’, shall remain 

in effect until October 1, 2012, or the date of the enactment of 

an Act authorizing funds for military construction for fiscal year 

2013, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 


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Air Force: Extension of 2009 Project Authorization 

Location Installation or Location Project Amount 

Germany .... Spangdahlem Air Base Child Development Center $11,400,000 

SEC. 2307. REDUCTION OF AIR FORCE MILITARY CONSTRUCTION 

AUTHORIZATION. 

Amounts previously authorized for military construction, land 

acquisition, and military family housing functions of the Department of the Air Force for fiscal years prior to fiscal year 2012 

are hereby reduced by $32,000,000. 

TITLE XXIV—DEFENSE AGENCIES 

MILITARY CONSTRUCTION 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Authorized energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Subtitle C—Other Matters 

Sec. 2421. Reduction of Defense Agencies military construction authorization. 

Subtitle A—Defense Agency Authorizations 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403 

and available for military construction projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations inside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

State Installation or Location Amount 

Alaska ...................... Anchorage ............................................. $18,400,000 

.................................... Eielson AFB ......................................... $14,800,000 

Alabama ................... Redstone Arsenal ................................. $58,800,000 

Arizona ..................... Davis-Monthan AFB ............................ $23,000,000 

California ................. Camp Pendleton ................................... $12,141,000 

.................................... Coronado ............................................... $42,000,000 

.................................... Defense Distribution Depot-Tracy ...... $15,500,000 

.................................... San Clemente ....................................... $21,800,000 

Colorado ................... Buckley AFB ........................................ $140,932,000 

District of Columbia Bolling AFB .......................................... $16,736,000 

Florida ...................... Eglin AFB ............................................. $51,600,000 

.................................... Eglin AUX 9 ......................................... $9,500,000 

.................................... MacDill AFB ......................................... $15,200,000 


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Defense Agencies: Inside the United States—Continued 

State Installation or Location Amount 

.................................... Whiting Field ....................................... $3,800,000 

Georgia ..................... Fort Benning ........................................ $37,205,000 

.................................... Fort Gordon .......................................... $17,705,000 

.................................... Fort Stewart ......................................... $72,300,000 

Hawaii ...................... Joint Base Pearl Harbor-Hickam ....... $14,400,000 

Illinois ...................... Great Lakes .......................................... $16,900,000 

Kentucky .................. Fort Campbell ...................................... $138,500,000 

.................................... Fort Knox ............................................. $38,845,000 

Louisiana ................. Barksdale AFB ..................................... $6,200,000 

Massachusetts ......... Hanscom AFB ...................................... $34,040,000 

.................................... Westover ARB ...................................... $23,300,000 

Maryland ................... Bethesda Naval Hospital .................... $18,000,000 

.................................... Fort Meade ........................................... $29,640,000 

.................................... Joint Base Andrews ............................. $265,700,000 

Missouri ................... Arnold ................................................... $9,253,000 

Mississippi ............... Columbus AFB ..................................... $2,600,000 

.................................... Gulfport ................................................ $34,700,000 

North Carolina ........ Camp Lejeune ...................................... $6,670,000 

.................................... Fort Bragg ............................................ $206,274,000 

.................................... New River ............................................. $22,687,000 

.................................... Pope AFB .............................................. $5,400,000 

New Mexico ............. Cannon AFB ......................................... $132,997,000 

New York ................. Fort Drum ............................................ $20,400,000 

Ohio .......................... Columbus .............................................. $10,000,000 

Oklahoma ................. Altus AFB ............................................. $8,200,000 

Pennsylvania ........... DEF Distribution Depot New Cumberland .............................................. $43,000,000 

.................................... Philadelphia ......................................... $8,000,000 

South Carolina ........ Joint Base Charleston ......................... $24,868,000 

Texas ......................... Joint Base San Antonio ....................... $194,300,000 

Virginia .................... Charlottesville ...................................... $10,805,000 

.................................... Dahlgren ............................................... $1,988,000 

.................................... Dam Neck ............................................. $23,116,000 

.................................... Fort Belvoir .......................................... $54,625,000 

.................................... Joint Expeditionary Base Little Creek 

- Story ................................................ $37,000,000 

.................................... Pentagon ............................................... $8,742,000 

.................................... Quantico ............................................... $46,727,000 

Washington .............. JB Lewis McChord ............................... $35,000,000 

.................................... Whidbey Island .................................... $25,000,000 

West Virginia ........... Camp Dawson ...................................... $2,200,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403 

and available for military construction projects outside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military 

construction projects for the installations or locations outside the 

United States, and in the amounts, set forth in the following table: 

Defense Agencies: Outside the United States 

Country Installation or Location Amount 

Germany .......................... Ansbach ......................................... $11,672,000 

Baumholder ................................... $59,419,000 

Grafenwoehr ................................. $6,529,000 

Rhine Ordnance Barracks ........... $750,000,000 


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Defense Agencies: Outside the United States—Continued 

Country Installation or Location Amount 

Spangdalem Air Base ................... $129,043,000 

Stuttgart-Patch Barracks ............ $2,434,000 

Italy ................................. Vicenza .......................................... $41,864,000 

Japan ............................... Yokota Air Base ............................ $61,842,000 

United Kingdom ............. Menwith Hill Station ................... $68,601,000 

Royal Air Force Alconbury ........... $35,030,000 

SEC. 2402. AUTHORIZED ENERGY CONSERVATION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403 

and available for energy conservation projects inside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under 

chapter 173 of title 10, United States Code, for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 

Energy Conservation Projects: Inside the United States 

Country Installation or Location Amount 

Alabama ........................... Maxwell AFB ................................. $2,482,000 

Arizona ............................. Davis-Monthan AFB ..................... $4,650,000 

California ......................... Presidio of Monterey ..................... $5,000,000 

........................................... San Joaquin/Tracy Site ................. $2,860,000 

Colorado ........................... Fort Carson .................................... $4,277,000 

Florida .............................. Tyndall AFB .................................. $3,255,000 

Georgia ............................. MCLB Albany ................................ $3,504,000 

Kentucky .......................... Fort Knox ....................................... $2,750,000 

Massachusetts ................. Hanscom AFB ................................ $3,609,000 

New York ......................... Fort Drum ...................................... $3,500,000 

North Carolina ................ Fort Bragg ..................................... $13,400,000 

North Carolina ................ Camp Lejeune ................................ $6,925,000 

Oklahoma ......................... Altus AFB ...................................... $5,700,000 

Tennessee ........................ Arnold AFB .................................... $3,300,000 

Utah ................................. Tooele Army Depot ........................ $8,200,000 

Virginia ............................ NRO/ADF-E ................................... $2,000,000 

Wyoming .......................... FE Warren AFB ............................ $12,600,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2403 

and available for energy conservation projects outside the United 

States as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under 

chapter 173 of title 10, United States Code, for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table: 

Energy Conservation Projects: Outside the United States 

Country Installation or Location Amount 

Guam ................................. NB Guam ...................................... $17,377,000 

Italy ................................... NAS Naples .................................. $2,867,000 

Marshall Islands .............. Kwajalein Atoll ............................. $6,300,000 

Various Locations ............. Various Locations ......................... $20,444,000 


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SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2011, for 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military 

departments), as specified in the funding table in section 4601. 

(b) LIMITATION.—The Secretary of Defense shall not enter into 

an award for a Replacement of the Wetzel-Smith Elementary School 

project at Baumholder, Germany, until the Secretary completes 

an assessment of United States military force structure in the 

European theater and certifies to the congressional defense committees that Baumholder, Germany is an enduring location. 

Subtitle B—Chemical Demilitarization 

Authorizations 

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2011, for military construction and 

land acquisition for chemical demilitarization, as specified in the 

funding table in section 4601. 

Subtitle C—Other Matters 

SEC. 2421. REDUCTION OF DEFENSE AGENCIES MILITARY CONSTRUCTION AUTHORIZATION. 

Amounts previously authorized for military construction, land 

acquisition, and military family housing functions of the Department of Defense (other than the military departments) for fiscal 

years prior to fiscal year 2012 are hereby reduced by $131,400,000. 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2011, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Assessment. 

Certification. 

Germany. 


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Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501, as specified in the funding 

table in section 4601. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Subtitle A—Project Authorizations and Authorization of Appropriations 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Subtitle B—Other Matters 

Sec. 2611. Extension of authorization of certain fiscal year 2008 project. 

Sec. 2612. Extension of authorizations of certain fiscal year 2009 projects. 

Sec. 2613. Modification of authority to carry out certain fiscal year 2008 and 2009 

projects. 

Subtitle A—Project Authorizations and 

Authorization of Appropriations 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606 

and available for the National Guard and Reserve as specified 

in the funding table in section 4601, the Secretary of the Army 

may acquire real property and carry out military construction 

projects for the Army National Guard locations inside the United 

States, and in the amounts, set forth in the following table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ............................. Fort McClellan ............................... $16,500,000 

Arkansas ............................. Fort Chaffee ................................... $3,500,000 

Arizona ............................... Papago Military Reservation ........ $17,800,000 

California ............................ Camp Roberts ................................ $38,160,000 

............................................... Camp San Luis Obispo ................. $8,000,000 

Colorado .............................. Alamosa .......................................... $6,400,000 

............................................... Aurora ............................................ $3,600,000 

............................................... Fort Carson .................................... $43,000,000 

District of Columbia .......... Anacostia ........................................ $5,300,000 

Florida ................................ Camp Blanding .............................. $5,500,000 

Georgia ............................... Atlanta ........................................... $11,000,000 

............................................... Hinesville ....................................... $17,500,000 

............................................... Macon ............................................. $14,500,000 

Hawaii ................................ Kalaeloa ......................................... $33,000,000 

Illinois ................................. Normal ........................................... $10,000,000 

Indiana ............................... Camp Atterbury ............................ $81,900,000 

............................................... Indianapolis ................................... $25,700,000 


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Army National Guard: Inside the United States—Continued 

State Location Amount 

Massachusetts .................... Natick ............................................. $9,000,000 

Maryland ............................ Dundalk .......................................... $16,000,000 

............................................... La Plata .......................................... $9,000,000 

............................................... Westminster ................................... $10,400,000 

Maine .................................. Bangor ............................................ $15,600,000 

............................................... Brunswick ...................................... $23,000,000 

Minnesota ........................... Camp Ripley .................................. $8,400,000 

Mississippi .......................... Camp Shelby .................................. $64,600,000 

North Carolina ................... Greensboro ..................................... $3,700,000 

Nebraska ............................ Grand Island .................................. $22,000,000 

............................................... Mead ............................................... $9,100,000 

New Jersey ......................... Lakehurst ....................................... $49,000,000 

New Mexico ........................ Santa Fe ......................................... $5,200,000 

Nevada ................................ Las Vegas ....................................... $23,000,000 

Oklahoma ........................... Camp Gruber ................................. $13,361,000 

Oregon ................................ The Dalles ...................................... $13,800,000 

South Carolina ................... Allendale ........................................ $4,300,000 

Utah .................................... Camp Williams .............................. $6,500,000 

Virginia ............................... Fort Pickett .................................... $11,000,000 

Wisconsin ........................... Camp Williams .............................. $7,000,000 

West Virginia ..................... Buckhannon ................................... $10,000,000 

Wyoming ............................. Cheyenne ........................................ $8,900,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2606 

and available for the National Guard and Reserve as specified 

in the funding table in section 4601, the Secretary of the Army 

may acquire real property and carry out military construction 

projects for the Army National Guard locations outside the United 

States, and in the amounts, set forth in the following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Puerto Rico ......................... Fort Buchanan ............................... $57,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the Army Reserve locations 

inside the United States, and in the amounts, set forth in the 

following table: 

Army Reserve 

Country Location Amount 

California ............................ Fort Hunter Liggett ...................... $5,200,000 

Colorado .............................. Fort Collins .................................... $13,600,000 

Illinois ................................. Homewood ...................................... $16,000,000 

Rockford ......................................... $12,800,000 

Indiana ............................... Fort Benjamin Harrison ............... $57,000,000 


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Army Reserve—Continued 

Country Location Amount 

Kansas ................................ Kansas City ................................... $13,000,000 

Massachusetts .................... Attleboro ......................................... $22,000,000 

Minnesota ........................... Saint Joseph .................................. $11,800,000 

Missouri .............................. Weldon Springs ............................. $19,000,000 

North Carolina ................... Greensboro ..................................... $19,000,000 

New York ............................ Schenectady ................................... $20,000,000 

South Carolina ................... Orangeburg .................................... $12,000,000 

Wisconsin ........................... Fort McCoy .................................... $27,300,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Navy may acquire real property and carry 

out military construction projects for the Navy Reserve and Marine 

Corps Reserve locations inside the United States, and in the 

amounts, set forth in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Pennsylvania ...................... Pittsburgh ...................................... $13,759,000 

Tennessee ........................... Memphis ......................................... $7,949,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the Air National Guard 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Air National Guard 

State Location Amount 

California ............................ Beale AFB ...................................... $6,100,000 

Moffett Field .................................. $26,000,000 

Hawaii ................................ Joint Base Pearl Harbor-Hickam $39,521,000 

Indiana ............................... Fort Wayne IAP ............................. $4,000,000 

Massachusetts .................... Otis ANGB ..................................... $7,800,000 

Maryland ............................ Martin State Airport ..................... $4,900,000 

Ohio .................................... Springfield Beckley-MAP .............. $6,700,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2606 and available for the National Guard 

and Reserve as specified in the funding table in section 4601, 

the Secretary of the Air Force may acquire real property and 


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carry out military construction projects for the Air Force Reserve 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Air Force Reserve 

State Location Amount 

California ............................ March AFB .................................... $16,393,000 

South Carolina ................... Charleston AFB ............................. $9,593,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2011, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), as specified in the 

funding table in section 4601. 

Subtitle B—Other Matters 

SEC. 2611. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 

2008 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2008 (division B 

of Public Law 110–181; 122 Stat. 503), the authorization set forth 

in the table in subsection (b), as provided in section 2601 of that 

Act (122 Stat. 527) and extended by section 2607 of the Military 

Construction Authorization Act for Fiscal Year 2011 (division B 

of Public Law 111–383; 124 Stat. 4454), shall remain in effect 

until October 1, 2012, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2013, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army National Guard: Extension of 2008 Project Authorization 

State Installation or 

Location Project Amount 

Pennsylvania East Fallowfield 

Township ........... Readiness Center (SBCT) ...... $ 8,300,000 

SEC. 2612. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2009 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2002 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4658), the authorizations set 

forth in the tables in subsection (b), as provided in sections 2601, 

2602, and 2603 of that Act (122 Stat. 4699), shall remain in effect 

until October 1, 2012, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2013, 

whichever is later. 


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(b) TABLE.—The tables referred to in subsection (a) are as 

follows: 

Army National Guard: Extension of 2009 Project Authorizations 

State Installation or 

Location Project Amount 

Indiana .......... Camp Atterbury ... Machine Gun Range .............. $ 5,800,000 

Nevada .......... Elko ....................... Readiness Center ................... $11,375,000 

Army Reserve: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

New York ...... Staten Island ........ Reserve Center ....................... $18,550,000 

Navy and Marine Corps Reserve: Extension of 2009 Project 

Authorization 

State Installation or 

Location Project Amount 

Delaware ....... Wilmington ........... Reserve Center ....................... $11,530,000 

Air National Guard: Extension of 2009 Project Authorization 

State Installation or 

Location Project Amount 

Mississippi Gulfport-Biloxi 

International 

Airport ........... Relocate munitions storage complex .............................................. $3,400,000 

SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2008 AND 2009 PROJECTS. 

(a) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, 

CARLIN, NEVADA.—In the case of the authorization contained in 

the table in section 2601 of the Military Construction Authorization 

Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4701) for Elko, Nevada, for construction of an Army Reserve 

Center, the Secretary of the Army may instead construct a Readiness Center at Carlin, Nevada. 

(b) AUTHORITY TO CARRY OUT ARMY RESERVE CENTER PROJECT, 

FORT WADSWORTH, NEW YORK.—In the case of the authorization 

contained in the table in section 2602 of the Military Construction 

Authorization Act for Fiscal Year 2009 (division B of Public Law 

110–417; 122 Stat. 4703) for Staten Island, New York, for construction of an Army Reserve Center, the Secretary of the Army may 

instead construct an addition/alteration at the Army Reserve Center 

at Fort Wadsworth, New York. 

(c) AUTHORITY TO CARRY OUT READINESS CENTER PROJECT, 

COATESVILLE, PENNSYLVANIA.—In the case of the authorization contained in the table in section 2601 of the Military Construction 

Authorization Act for Fiscal Year 2008 (division B of Public Law 


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110–181, 122 Stat. 527) for Fallowfield Township, Pennsylvania, 

for construction of a Readiness Center, the Secretary of the Army 

may instead construct the Readiness Center at Coatesville, Pennsylvania. 

TITLE XXVII—BASE REALIGNMENT AND 

CLOSURE ACTIVITIES 

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base realignment and closure activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authority to complete specific base closure and realignment recommendations. 

Sec. 2704. Special considerations related to transportation infrastructure in consideration and selection of military installations for closure or realignment. 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2011, for base closure and realignment activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 1990 established by section 2906 

of such Act, as specified in the funding table in section 4601. 

SEC. 2702. AUTHORIZED BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 

CLOSURE ACCOUNT 2005. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2703 and available for base realignment 

and closure activities as specified in the funding table in section 

4601, the Secretary of Defense may carry out base closure and 

realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public 

Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account 2005 established by section 

2906A of such Act, as specified in the funding table in section 

4601. 

SEC. 2703. AUTHORITY TO COMPLETE SPECIFIC BASE CLOSURE AND 

REALIGNMENT RECOMMENDATIONS. 

(a) LIMITED AUTHORITY TO EXTEND IMPLEMENTATION PERIOD.— 

The Secretary of Defense shall— 

(1) complete all closures and realignments recommended 

in the report of the Base Closure and Realignment Commission 

transmitted by the President to Congress in accordance with 

section 2914(e) of the Defense Base Closure and Realignment 

Act of 1990 (part A of title XXIX of Public Law 101–510; 

10 U.S.C. 2687 note), as expeditiously as possible; and 

(2) complete the closure of the Umatilla Chemical Depot, 

Oregon, as recommended in the report of the Base Closure 

and Realignment Commission transmitted by the President 

Oregon. 

10 USC 2687 

note. 


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to Congress in accordance with section 2914(e) of the Defense 

Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note)— 

(A) without regard to any condition contained in that 

recommendation; and 

(B) not later than one year after the completion of 

the chemical demilitarization mission in accordance with 

the Chemical Weapons Convention Treaty. 

(b) IMPLEMENTATION.—Notwithstanding any other provision of 

law, the Secretary of Defense shall carry out the authority provided 

under subsection (a), and any related property management and 

disposal activities, in accordance with the procedures and authorities under the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

SEC. 2704. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION 

INFRASTRUCTURE IN CONSIDERATION AND SELECTION 

OF MILITARY INSTALLATIONS FOR CLOSURE OR 

REALIGNMENT. 

(a) MODIFICATION OF SELECTION CRITERIA.—Subsection (b)(1) 

of section 2687 of title 10, United States Code, is amended— 

(1) by striking ‘‘notification an evaluation’’ and inserting 

‘‘notification— 

‘‘(A) an evaluation’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) the criteria used to consider and recommend military installations for such closure or realignment, which 

shall include at a minimum consideration of— 

‘‘(i) the ability of the infrastructure (including 

transportation infrastructure) of both the existing and 

receiving communities to support forces, missions, and 

personnel as a result of such closure or realignment; 

and 

‘‘(ii) the costs associated with community transportation infrastructure improvements as part of the 

evaluation of cost savings or return on investment 

of such closure or realignment; and’’. 

(b) EFFECT OF SIGNIFICANT IMPACTS.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(f) If the Secretary of Defense or the Secretary of the military 

department concerned determines, pursuant to the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that 

a significant transportation impact will occur at a result of an 

action described in subsection (a), the action may not be taken 

unless and until the Secretary of Defense or the Secretary of the 

military department concerned— 

‘‘(1) analyzes the adequacy of transportation infrastructure 

at and in the vicinity of each military installation that would 

be impacted by the action; 

‘‘(2) concludes consultation with the Secretary of Transportation with regard to such impact; 

‘‘(3) analyzes the impact of the action on local businesses, 

neighborhoods, and local governments; and 

‘‘(4) includes in the notification required by subsection (b)(1) 

a description of how the Secretary intends to remediate the 

significant transportation impact.’’. 

Determination. 

Deadline. 


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TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Prohibition on use of any cost-plus system of contracting for military 

construction and military family housing projects. 

Sec. 2802. Modification of authority to carry out unspecified minor military construction projects. 

Sec. 2803. Protections for suppliers of labor and materials under contracts for military construction projects and military family housing projects. 

Sec. 2804. Extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States. 

Sec. 2805. General military construction transfer authority. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Clarification of authority to use Pentagon Reservation Maintenance Revolving Fund for minor construction and alteration activities at Pentagon Reservation. 

Sec. 2812. Reporting requirements related to the granting of easements. 

Sec. 2813. Limitations on use or development of property in Clear Zone Areas and 

clarification of authority to limit encroachments. 

Sec. 2814. Department of Defense conservation and cultural activities. 

Sec. 2815. Exchange of property at military installations. 

Sec. 2816. Defense access road program enhancements to address transportation 

infrastructure in vicinity of military installations. 

Subtitle C—Energy Security 

Sec. 2821. Consolidation of definitions used in energy security chapter. 

Sec. 2822. Consideration of energy security in developing energy projects on military installations using renewable energy sources. 

Sec. 2823. Establishment of interim objective for Department of Defense 2025 renewable energy goal. 

Sec. 2824. Use of centralized purchasing agents for renewable energy certificates to 

reduce cost of facility energy projects using renewable energy sources 

and improve efficiencies. 

Sec. 2825. Identification of energy-efficient products for use in construction, repair, 

or renovation of Department of Defense facilities. 

Sec. 2826. Submission of annual Department of Defense energy management reports. 

Sec. 2827. Requirement for Department of Defense to capture and track data generated in metering Department facilities. 

Sec. 2828. Metering of Navy piers to accurately measure energy consumption. 

Sec. 2829. Training policy for Department of Defense energy managers. 

Sec. 2830. Report on energy-efficiency standards and prohibition on use of funds for 

Leadership in Energy and Environmental Design gold or platinum certification. 

Subtitle D—Provisions Related to Guam Realignment 

Sec. 2841. Certification of medical care coverage for H–2B temporary workforce on 

military construction projects on Guam. 

Sec. 2842. Repeal of condition on use of specific utility conveyance authority regarding Guam integrated water and wastewater treatment system. 

Subtitle E—Land Conveyances 

Sec. 2851. Land conveyance and exchange, Joint Base Elmendorf Richardson, Alaska. 

Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 

Sec. 2853. Clarification of land conveyance authority, Camp Caitlin and Ohana Nui 

areas, Hawaii. 

Sec. 2854. Land exchange, Fort Bliss Texas. 

Sec. 2855. Land conveyance, former Defense Depot Ogden, Utah. 

Subtitle F—Other Matters 

Sec. 2861. Redesignation of Industrial College of the Armed Forces as the Dwight 

D. Eisenhower School for National Security and Resource Strategy. 

Sec. 2862. Redesignation of Mike O’Callaghan Federal Hospital in Nevada as Mike 

O’Callaghan Federal Medical Center. 


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Sec. 2863. Prohibition on naming Department of Defense real property after a 

Member of Congress. 

Sec. 2864. Notifications of reductions in number of members of the Armed Forces 

assigned to permanent duty at a military installation. 

Sec. 2865. Investment plan for the modernization of public shipyards under jurisdiction of Department of the Navy. 

Sec. 2866. Report on the Homeowners Assistance Program. 

Sec. 2867. Data servers and centers. 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. PROHIBITION ON USE OF ANY COST-PLUS SYSTEM OF CONTRACTING FOR MILITARY CONSTRUCTION AND MILITARY 

FAMILY HOUSING PROJECTS. 

(a) PROHIBITION.—Section 2306 of title 10, United States Code, 

is amended by inserting after subsection (b) the following new 

subsection: 

‘‘(c) A contract entered into by the United States in connection 

with a military construction project or a military family housing 

project may not use any form of cost-plus contracting. This prohibition is in addition to the prohibition specified in subsection (a) 

on the use of the cost-plus-a-percentage-of-cost system of contracting 

and applies notwithstanding a declaration of war or the declaration 

by the President of a national emergency under section 201 of 

the National Emergencies Act (50 U.S.C. 1621) that includes the 

use of the armed forces.’’. 

(b) APPLICATION OF AMENDMENT.—Subsection (c) of section 2306 

of title 10, United States Code, as added by subsection (a), shall 

apply with respect to any contract entered into by the United 

States in connection with a military construction project or a military family housing project after the date of the enactment of 

this Act. 

SEC. 2802. MODIFICATION OF AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS. 

(a) SINGLE THRESHOLD FOR USE OF OPERATION AND MAINTENANCE FUNDS.—Subsection (c) of section 2805 of title 10, United 

States Code, is amended— 

(1) by striking ‘‘(1) Except as provided in paragraph (2), 

the’’ and inserting ‘‘The’’; and 

(2) by striking ‘‘not more than’’ and all that follows through 

the end of the subsection and inserting ‘‘not more than 

$750,000.’’. 

(b) EXTENSION OF SPECIAL LABORATORY REVITALIZATION

AUTHORITY.—Subsection (d) of such section is amended— 

(1) in paragraph (3), by striking ‘‘February 1, 2010’’ and 

inserting ‘‘February 1, 2014’’; and 

(2) in paragraph (5), by striking ‘‘September 30, 2012’’ 

and inserting ‘‘September 30, 2016’’. 

(c) CONFORMING AMENDMENTS.— (1) CROSS REFERENCES REGARDING WORKING-CAPITAL

FUNDS.—Section 2208 of such title is amended— 

(A) in subsection (k)(2)(A), by striking ‘‘section 

2805(c)(1)’’ and inserting ‘‘section 2805(c)’’; and 

(B) in subsection (o)(2)(A), by striking ‘‘section 

2805(c)(1)’’ and inserting ‘‘section 2805(c)’’. 

10 USC 2306 

note. 

Applicability. 


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(2) CROSS REFERENCE REGARDING COST AND SCOPE OF WORK

VARIATIONS.—Section 2853(a) of such title is amended by 

striking ‘‘section 2805(a)(1)’’ and inserting ‘‘section 2805(a)’’. 

(3) CROSS REFERENCE REGARDING NOTICE AND WAIT

REQUIREMENTS FOR RESERVE PROJECTS.—Section 

18233a(b)(2)(B)(ii) of such title is amended by striking ‘‘section 

2805(a)(2)’’ and inserting ‘‘section 2805(a)’’. 

(4) CROSS REFERENCE REGARDING USING OPERATION AND

MAINTENANCE FUNDS FOR SMALL RESERVE PROJECTS.—Section 

18233b of such title is amended by striking ‘‘not more than’’ 

and all that follows through the end of the section and inserting 

‘‘not more than the amount specified in section 2805(c) of this 

title.’’. 

SEC. 2803. PROTECTIONS FOR SUPPLIERS OF LABOR AND MATERIALS 

UNDER CONTRACTS FOR MILITARY CONSTRUCTION 

PROJECTS AND MILITARY FAMILY HOUSING PROJECTS. 

Section 2852 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(c) In the case of a military construction project or a military 

family housing project, the contract amount thresholds specified 

in subchapter III of chapter 31 of title 40 (commonly referred 

to as the Miller Act) shall be applied by substituting ‘$150,000’ 

for ‘$100,000’ for purposes of determining when a performance 

bond and payment bond are required under section 3131 of such 

title and when alternatives to payment bonds as payment protections for suppliers of labor and materials are required under section 

3132 of such title.’’. 

SEC. 2804. EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE 

OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES. 

(a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 2808 of the 

Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently 

amended by section 2804 of the Military Construction Authorization 

Act for Fiscal Year 2011 (division B of Public Law 111–383; 124 

Stat. 4459), is amended— 

(1) in subsection (c)(2), by striking ‘‘fiscal year 2011’’ and 

inserting ‘‘fiscal year 2012’’; and 

(2) in subsection (h)— 

(A) in paragraph (1), by striking ‘‘September 30, 2011’’ 

and inserting ‘‘September 30, 2012’’; and 

(B) in paragraph (2), by striking ‘‘fiscal year 2012’’ 

and inserting ‘‘fiscal year 2013’’. 

(b) MODIFICATION OF QUARTERLY REPORTING REQUIREMENT.— 

Subsection (g) of such section is amended— 

(1) by striking ‘‘QUARTERLY REPORTS OR’’ in the subsection 

heading; 

(2) by striking ‘‘the report for a fiscal-year quarter under 

subsection (d) or’’; and 

(3) by striking ‘‘report or’’. 

(c) TECHNICAL AMENDMENTS.—Subsections (a) and (i) of such 

section are amended by striking ‘‘Combined Task Force-Horn of 

Africa’’ each place it appears and inserting ‘‘Combined Joint Task 

Force-Horn of Africa’’. 

Renamed. 

Applicability. 


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SEC. 2805. GENERAL MILITARY CONSTRUCTION TRANSFER 

AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATION OF APPROPRIA- TIONS.— (1) AUTHORITY.—Upon a determination by the Secretary 

of a military department, or with respect to the Defense Agencies, the Secretary of Defense, that such action is necessary 

in the national interest, the Secretary concerned may transfer 

amounts of authorization of appropriations made available to 

that military department or Defense Agency in this division 

for fiscal year 2012 between any such authorization of appropriations for that military department or Defense Agency for 

that fiscal year. Amounts of authorization of appropriations 

so transferred shall be merged with and be available for the 

same purposes as the authorization of appropriations to which 

transferred. 

(2) AGGREGATE LIMIT.—The aggregate amount of authorizations that the Secretaries concerned may transfer under the 

authority of this section may not exceed $400,000,000. 

(b) LIMITATION.—The authority provided by this section to 

transfer authorizations may only be used to fund increases in 

the cost of military construction projects or activities authorized 

by this division. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for appropriation 

for the account to which the amount is transferred by an amount 

equal to the amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary concerned shall 

promptly notify the congressional defense committees of each 

transfer made by that Secretary under subsection (a) that exceeds 

the limitations on cost variations provided in section 2853 of title 

10, United States Code. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2811. CLARIFICATION OF AUTHORITY TO USE PENTAGON RESERVATION MAINTENANCE REVOLVING FUND FOR MINOR 

CONSTRUCTION AND ALTERATION ACTIVITIES AT PENTAGON RESERVATION. 

Section 2674(e)(4) of title 10, United States Code, is amended— 

(1) by striking ‘‘The authority’’ and inserting ‘‘(A) Except 

as provided in subparagraph (B), the authority’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) Notwithstanding the date specified in subparagraph (A), 

the Secretary may use monies from the Fund after that date to 

support construction or alteration activities at the Pentagon Reservation within the limits specified in section 2805 of this title.’’. 

SEC. 2812. REPORTING REQUIREMENTS RELATED TO THE GRANTING 

OF EASEMENTS. 

Section 2662 of title 10, United States Code, is amended— 

(1) in subsection (a)(1)(C), by striking ‘‘lease or license’’ 

and inserting ‘‘lease, license, or easement’’; and 

(2) in subsection (b)— 


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(A) in paragraph (1), by striking ‘‘lease or license’’ 

and inserting ‘‘lease, license, or easement’’; 

(B) in paragraph (2)(A), by striking ‘‘lease or license’’ 

and inserting ‘‘lease, license, or easement’’; and 

(C) in paragraph (3)— 

(i) in subparagraph (C), by striking ‘‘lease or 

license’’ and inserting ‘‘lease, license, or easement’’; 

and 

(ii) in subparagraph (D), by striking ‘‘lease or 

license’’ and inserting ‘‘lease, license, or easement’’. 

SEC. 2813. LIMITATIONS ON USE OR DEVELOPMENT OF PROPERTY 

IN CLEAR ZONE AREAS AND CLARIFICATION OF 

AUTHORITY TO LIMIT ENCROACHMENTS. 

Section 2684a of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘or’’ at the end; 

(B) in paragraph (2), by striking the period and 

inserting ‘‘; or’’; and 

(C) by inserting after paragraph (2) the following new 

paragraph: 

‘‘(3) protecting Clear Zone Areas from use or encroachment 

that is incompatible with the mission of the installation.’’; 

(2) by amending subsection (c) to read as follows: 

‘‘(c) INAPPLICABILITY OF CERTAIN CONTRACT REQUIREMENTS.— 

Notwithstanding chapter 63 of title 31, an agreement under this 

section that is a cooperative agreement or a grant may be used 

to acquire property or services for the direct benefit or use of 

the United States Government.’’; 

(3) in subsection (d)— 

(A) in paragraph (3)— 

(i) by inserting ‘‘, and the monitoring and enforcement of any right, title, or interest in,’’ after ‘‘resources 

on’’; 

(ii) by inserting ‘‘and monitoring and enforcement’’ 

after ‘‘natural resource management’’; and 

(iii) by adding at the end the following: ‘‘Any such 

payment by the United States— 

‘‘(A) may be paid in a lump sum and include an amount 

intended to cover the future costs of natural resource management and monitoring and enforcement; and 

‘‘(B) may be placed by the eligible entity in an interestbearing account, and any interest shall be applied for the 

same purposes as the principal.’’; and 

(B) in paragraph (5)— 

(i) inserting ‘‘(A)’’ after ‘‘(5)’’; 

(ii) by inserting after the first sentence the following: ‘‘No such requirement need be included in the 

agreement if the property or interest is being transferred to a State, or the agreement requires it to be 

subsequently transferred to a State, and the Secretary 

concerned determines that the laws and regulations 

applicable to the future use of such property or interest 

provide adequate assurance that the property concerned will be developed and used in a manner appropriate for purposes of this section.’’; and 


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(iii) by adding at the end the following new 

subparagraph: 

‘‘(B) Notwithstanding subparagraph (A), if all or a portion of 

the property or interest acquired under the agreement is subsequently transferred to the United States and administrative jurisdiction over the property is under a Federal official other than 

a Secretary concerned, the Secretary concerned and that Federal 

official shall enter into a memorandum of agreement providing, 

to the satisfaction of the Secretary concerned, for the management 

of the property or interest concerned in a manner appropriate 

for purposes of this section. Such memorandum of agreement shall 

also provide that, should it be proposed that the property or interest 

concerned be developed or used in a manner not appropriate for 

purposes of this section, including declaring the property to be 

excess to the agency’s needs or proposing to exchange the property 

for other property, the Secretary concerned may request that 

administrative jurisdiction over the property be transferred to the 

Secretary concerned at no cost, and, upon such a request being 

made, the administrative jurisdiction over the property shall be 

transferred accordingly.’’; and 

(4) in subsection (i), by inserting after paragraph (2) the 

following new paragraph: 

‘‘(3) The term ‘Clear Zone Area’ means an area immediately 

beyond the end of the runway of an airfield that is needed 

to ensure the safe and unrestricted passage of aircraft in and 

over the area.’’. 

SEC. 2814. DEPARTMENT OF DEFENSE CONSERVATION AND CULTURAL 

ACTIVITIES. 

Section 2694(b)(2) of title 10, United States Code, is amended— 

(1) in subparagraph (B), by inserting ‘‘and sustainability’’ 

after ‘‘safety’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(F) The implementation of ecosystem-wide land management plans— 

‘‘(i) for a single ecosystem that encompasses at least 

two non-contiguous military installations, if those military 

installations are not all under the administrative jurisdiction of the same Secretary of a military department; and 

‘‘(ii) providing synergistic benefits unavailable if the 

installations acted separately.’’. 

SEC. 2815. EXCHANGE OF PROPERTY AT MILITARY INSTALLATIONS. 

(a) EXCHANGE AUTHORITY.—Section 2869 of title 10, United 

States Code, is amended— 

(1) in the section heading, by striking ‘‘Conveyance of 

property at military installations to limit encroachment’’ 

and inserting ‘‘Exchange of property at military installations’’; and 

(2) in subsection (a)— 

(A) in the subsection heading, by striking ‘‘CONVEY- ANCE AUTHORIZED; CONSIDERATION’’ and inserting 

‘‘EXCHANGE AUTHORIZED’’; and 

(B) in paragraph (1), by striking ‘‘to any person who 

agrees, in exchange for the real property, to carry out 

a land acquisition’’ and inserting ‘‘to any eligible entity 

who agrees, in exchange for the real property, to transfer 

to the United States all right, title, and interest of the 

Definition. 

Memorandum. 


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entity in and to a parcel of real property, including any 

improvements thereon under their control, or to carry out 

a land acquisition’’. 

(b) EXTENSION OF AUTHORITY.—Such section is further 

amended— 

(1) by striking subsection (f); and 

(2) by redesignating subsections (g) and (h) as subsections 

(f) and (g), respectively. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 169 of such title is amended by striking the item 

relating to section 2869 and inserting the following new item: 

‘‘2869. Exchange of property at military installations.’’. 

SEC. 2816. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO 

ADDRESS TRANSPORTATION INFRASTRUCTURE IN 

VICINITY OF MILITARY INSTALLATIONS. 

(a) AVAILABILITY OF DEFENSE ACCESS ROADS FUNDS FOR BRACRELATED TRANSPORTATION IMPROVEMENTS.—Section 210(a)(2) of 

title 23, United States Code, is amended by adding at the end 

the following new sentence: ‘‘The Secretary of Defense shall determine the magnitude of the required improvements without regard 

to the extent to which traffic generated by the reservation is greater 

than other traffic in the vicinity of the reservation.’’. 

(b) ECONOMIC ADJUSTMENT COMMITTEE CONSIDERATION OF

ADDITIONAL DEFENSE ACCESS ROADS FUNDING SOURCES.— 

(1) CONVENING OF COMMITTEE.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary 

of Defense, as the chairperson of the Economic Adjustment 

Committee established in Executive Order No. 127887 (10 

U.S.C. 2391 note), shall convene the Economic Adjustment Committee to consider additional sources of funding for the defense 

access roads program under section 210 of title 23, United 

States Code. 

(2) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report describing the results of the Economic 

Adjustment Committee deliberations and containing an 

implementation plan to expand funding sources for the mitigation of significant transportation impacts to access to military 

reservations pursuant to subsection (b) of section 210 of title 

23, United States Code, as amended by subsection (a). 

(c) SEPARATE BUDGET REQUEST FOR PROGRAM.—Amounts 

requested for a fiscal year for the defense access roads program 

under section 210 of title 23, United States Code, shall be set 

forth as a separate budget request in the budget transmitted by 

the President to Congress for that fiscal year under section 1105 

of title 31, United States. 

Subtitle C—Energy Security 

SEC. 2821. CONSOLIDATION OF DEFINITIONS USED IN ENERGY SECURITY CHAPTER. 

(a) CONSOLIDATION OF DEFINITIONS.— 

(1) IN GENERAL.—Subchapter III of chapter 173 of title 

10, United States Code, is amended by inserting before section 

2925 the following new section: 

23 USC 210 note. 

Deadline. 

23 USC 210 note. 

Determination. 


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‘‘§ 2924. Definitions 

‘‘In this chapter: 

‘‘(1) The term ‘defined fuel source’ means any of the following: 

‘‘(A) Petroleum. 

‘‘(B) Natural gas. 

‘‘(C) Coal. 

‘‘(D) Coke. 

‘‘(2) The term ‘energy-efficient maintenance’ includes— 

‘‘(A) the repair of military vehicles, equipment, or 

facility and infrastructure systems, such as lighting, 

heating, or cooling equipment or systems, or industrial 

processes, by replacement with technology that— 

‘‘(i) will achieve energy savings over the life-cycle 

of the equipment or system being repaired; and 

‘‘(ii) will meet the same end needs as the equipment or system being repaired; and 

‘‘(B) improvements in an operation or maintenance 

process, such as improved training or improved controls, 

that result in energy savings. 

‘‘(3)(A) The term ‘energy security’ means having assured 

access to reliable supplies of energy and the ability to protect 

and deliver sufficient energy to meet mission essential requirements. 

‘‘(B) In selecting facility energy projects that will use renewable energy sources, pursuit of energy security means the 

installation will give favorable consideration to projects that 

provide power directly to a military facility or into the installation electrical distribution network. In such cases, projects 

should be prioritized to provide power for assets critical to 

mission essential requirements on the installation in the event 

of a disruption in the commercial grid. 

‘‘(4) The term ‘hybrid’, with respect to a motor vehicle, 

means a motor vehicle that draws propulsion energy from 

onboard sources of stored energy that are both— 

‘‘(A) an internal combustion or heat engine using 

combustible fuel; and 

‘‘(B) a rechargeable energy storage system. 

‘‘(5) The term ‘operational energy’ means the energy 

required for training, moving, and sustaining military forces 

and weapons platforms for military operations. The term 

includes energy used by tactical power systems and generators 

and weapons platforms. 

‘‘(6) The term ‘petroleum’ means natural or synthetic crude, 

blends of natural or synthetic crude, and products refined or 

derived from natural or synthetic crude or from such blends. 

‘‘(7) The term ‘renewable energy source’ means energy generated from renewable sources, including the following: 

‘‘(A) Solar, including electricity. 

‘‘(B) Wind. 

‘‘(C) Biomass. 

‘‘(D) Landfill gas. 

‘‘(E) Ocean, including tidal, wave, current, and thermal. 

‘‘(F) Geothermal, including electricity and heat pumps. 

‘‘(G) Municipal solid waste. 

‘‘(H) New hydroelectric generation capacity achieved 

from increased efficiency or additions of new capacity at 


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an existing hydroelectric project. For purposes of this 

subparagraph, hydroelectric generation capacity is ‘new’ 

if it was placed in service on or after January 1, 1999. 

‘‘(I) Thermal energy generated by any of the preceding 

sources.’’. 

(2) CLERICAL AMENDMENTS.—Such chapter is further 

amended— 

(A) in the table of subchapters at the beginning of 

such chapter, by striking ‘‘2925’’ and inserting ‘‘2924’’; and 

(B) in the table of sections at the beginning of subchapter III of such chapter, by inserting before the item 

relating to section 2925 the following new item: 

‘‘2924. Definitions.’’. 

(b) CONFORMING AMENDMENTS STRIKING SEPARATE DEFINI- TIONS.—Such chapter is further amended— 

(1) in section 2911— 

(A) in subsection (d)— 

(i) by striking ‘‘(1)’’ before ‘‘For the purpose’’; 

(ii) by striking paragraph (2); and 

(iii) by redesignating subparagraphs (A), (B), (C), 

and (D) as paragraphs (1), (2), (3), and (4), respectively; 

and 

(B) in subsection (e), by striking paragraph (2); 

(2) in section 2922e, by striking subsections (e) and (f); 

(3) in section 2922g, by striking subsection (d); and 

(4) in section 2925(b), by striking paragraph (4). 

SEC. 2822. CONSIDERATION OF ENERGY SECURITY IN DEVELOPING 

ENERGY PROJECTS ON MILITARY INSTALLATIONS USING 

RENEWABLE ENERGY SOURCES. 

(a) POLICY OF PURSUING ENERGY SECURITY.— 

(1) POLICY REQUIRED.—Not later than 180 days after the 

date of enactment of this Act, the Secretary of Defense shall 

establish a policy for military installations that includes the 

following: 

(A) Favorable consideration for energy security in the 

design and development of energy projects on the military 

installation that will use renewable energy sources. 

(B) Guidance for commanders of military installations 

inside the United States on planning measures to minimize 

the effects of a disruption of services by a utility that 

sells natural gas, water, or electric energy to those installations in the event that a disruption occurs. 

(2) NOTIFICATION.—The Secretary of Defense shall provide 

notification to the congressional defense committees within 30 

days after entering into any agreement for a facility energy 

project described in paragraph (1)(A) that excludes pursuit 

of energy security on the grounds that inclusion of energy 

security is cost prohibitive. The Secretary shall also provide 

a cost-benefit-analysis of the decision. 

(3) ENERGY SECURITY DEFINED.—In this subsection, the 

term ‘‘energy security’’ has the meaning given that term in 

paragraph (3) of section 2924 of title 10, United States Code, 

as added by section 2821(a). 

(b) ADDITIONAL CONSIDERATION FOR DEVELOPING AND IMPLE- MENTING ENERGY PERFORMANCE GOALS AND ENERGY PERFORMANCE

Analysis. 

Deadline. 

Deadline. 

10 USC 2911 

note. 


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MASTER PLAN.—Section 2911(c) of title 10, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(12) Opportunities for improving energy security for 

facility energy projects that will use renewable energy sources.’’. 

(c) DEVELOPMENT OF GEOTHERMAL ENERGY ON MILITARY

LANDS.—Section 2917 of such title is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) DEVELOP- MENT AUTHORIZED.—The Secretary’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) CONSIDERATION OF ENERGY SECURITY.—The development 

of a geothermal energy project under subsection (a) should include 

consideration of energy security in the design and development 

of the project.’’. 

(d) REPORTING REQUIREMENT.—Section 2925(a) of such title 

is amended— 

(1) in paragraph (3), by inserting ‘‘whether the project 

incorporates energy security into its design,’’ after ‘‘through 

the duration of each such mechanism,’’; 

(2) by redesignating paragraph (10) as paragraph (11); 

and 

(3) by inserting after paragraph (9) the following new paragraph: 

‘‘(10) Details of utility outages at military installations 

including the total number and locations of outages, the financial impact of the outage, and measures taken to mitigate 

outages in the future at the affected location and across the 

Department of Defense.’’. 

SEC. 2823. ESTABLISHMENT OF INTERIM OBJECTIVE FOR DEPARTMENT OF DEFENSE 2025 RENEWABLE ENERGY GOAL. 

(a) INTERIM OBJECTIVE.—Section 2911(e) of title 10, United 

States Code, as amended by section 2821(b)(1)(B), is further 

amended by inserting after paragraph (1) the following new paragraph: 

‘‘(2) To help ensure that the goal specified in paragraph (1)(A) 

regarding the use of renewable energy by the Department of Defense 

is achieved, the Secretary of Defense shall establish an interim 

goal for fiscal year 2018 for the production or procurement of 

facility energy from renewable energy sources.’’. 

(b) DEADLINE; CONGRESSIONAL NOTIFICATION.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall notify the congressional defense committees of 

the interim renewable energy goal established pursuant to the 

amendment made by subsection (a). 

SEC. 2824. USE OF CENTRALIZED PURCHASING AGENTS FOR RENEWABLE ENERGY CERTIFICATES TO REDUCE COST OF 

FACILITY ENERGY PROJECTS USING RENEWABLE 

ENERGY SOURCES AND IMPROVE EFFICIENCIES. 

(a) PURCHASE AND USE OF RENEWABLE ENERGY CERTIFICATES.— 

Section 2911(e) of title 10, United States Code, as amended by 

sections 2821(b)(1)(B) and 2823(a), is further amended by adding 

at the end the following new paragraph: 

‘‘(3)(A) The Secretary of Defense shall establish a policy to 

maximize savings for the bulk purchase of replacement renewable 

energy certificates in connection with the development of facility 

energy projects using renewable energy sources. 

Policy. 

10 USC 2911 

note. 


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‘‘(B) Under the policy required by subparagraph (A), the Secretary of a military department shall submit requests for the purchase of replacement renewable energy certificates to a centralized 

purchasing authority maintained by such department or the Defense 

Logistics Agency with expertise regarding— 

‘‘(i) the market for renewable energy certificates; 

‘‘(ii) the procurement of renewable energy certificates; and 

‘‘(iii) obtaining the best value for the military department 

by maximizing the purchase of renewable energy certificates 

from projects placed into service before January 1, 1999. 

‘‘(C) The centralized purchasing authority shall solicit industry 

for the most competitive offer for replacement renewable energy 

certificates, to include a combination of renewable energy certificates from new projects and projects placed into service before 

January 1, 1999. 

‘‘(D) Subparagraph (B) does not prohibit the Secretary of a 

military department from entering into an agreement outside of 

the centralized purchasing authority if the Secretary will obtain 

the best value by bundling the renewable energy certificates with 

the facility energy project through a power purchase agreement 

or other contractual mechanism at the installation. 

‘‘(E) Nothing in this paragraph shall be construed to authorize 

the purchase of renewable energy certificates to meet Federal goals 

or mandates in the absence of the development of a facility energy 

project using renewable energy sources. 

‘‘(F) This policy does not make the purchase of renewable energy 

certificates mandatory, but the policy shall apply whenever original 

renewable energy certificates are proposed to be swapped for 

replacement renewable energy certificates.’’. 

(b) REPORTING REQUIREMENTS.—Section 2925(a) of title 10, 

United States Code, as amended by section 2822(d), is further 

amended— 

(1) by redesignating paragraphs (4) through (11) as paragraphs (5) through (12), respectively; and 

(2) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) In addition to the information contained in the table 

listing energy projects financed through third party financing 

mechanisms, as required by paragraph (3), the table also shall 

list any renewable energy certificates associated with each 

project, including information regarding whether the renewable 

energy certificates were bundled or unbundled, the purchasing 

authority for the renewable energy certificates, and the price 

of the associated renewable energy certificates.’’. 

SEC. 2825. IDENTIFICATION OF ENERGY-EFFICIENT PRODUCTS FOR 

USE IN CONSTRUCTION, REPAIR, OR RENOVATION OF 

DEPARTMENT OF DEFENSE FACILITIES. 

(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—Section 

2915(e) of title 10, United States Code, is amended by striking 

paragraph (2) and inserting the following new paragraph: 

‘‘(2)(A) The Secretary of Defense shall prescribe a definition 

of the term ‘energy-efficient product’ for purposes of this subsection 

and establish and maintain a list of products satisfying the definition. The definition and list shall be developed in consultation 

with the Secretary of Energy to ensure, to the maximum extent 

Definition. 

List. 

Applicability. 


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practicable, consistency with definitions of the term used by other 

Federal agencies. 

‘‘(B) The Secretary shall modify the definition and list of energyefficient products as necessary to account for emerging or changing 

technologies. 

‘‘(C) The list of energy-efficient products shall be included as 

part of the energy performance master plan developed pursuant 

to section 2911(b)(2) of this title.’’. 

(b) CONFORMING AMENDMENT TO ENERGY PERFORMANCE

MASTER PLAN.—Section 2911(b)(2) of such title is amended by 

adding at the end the following new subparagraph: 

‘‘(F) The up-to date list of energy-efficient products maintained under section 2915(e)(2) of this title.’’. 

SEC. 2826. SUBMISSION OF ANNUAL DEPARTMENT OF DEFENSE 

ENERGY MANAGEMENT REPORTS. 

Section 2925(a) of title 10, United States Code, is amended 

by striking ‘‘As part of the annual submission of the energy performance goals for the Department of Defense under section 2911 of 

this title, the Secretary of Defense shall submit a report containing 

the following:’’ and inserting ‘‘Not later than 120 days after the 

end of each fiscal year, the Secretary of Defense shall submit 

to the congressional defense committees an installation energy 

report detailing the fulfillment during that fiscal year of the energy 

performance goals for the Department of Defense under section 

2911 of this title. Each report shall contain the following:’’. 

SEC. 2827. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO CAPTURE AND TRACK DATA GENERATED IN METERING 

DEPARTMENT FACILITIES. 

The Secretary of Defense shall require that the information 

generated by the installation energy meters be captured and tracked 

to determine baseline energy consumption and facilitate efforts 

to reduce energy consumption. 

SEC. 2828. METERING OF NAVY PIERS TO ACCURATELY MEASURE 

ENERGY CONSUMPTION. 

(a) METERING REQUIRED.—The Secretary of the Navy shall 

meter Navy piers so that the energy consumption of naval vessels 

while in port can be accurately measured and captured and steps 

taken to improve the efficient use of energy by naval vessels while 

in port. 

(b) PROGRESS REPORTS.—In each of the Department of Defense 

energy management reports submitted to Congress during fiscal 

years 2012 through 2017 under section 2925(a) of title 10, United 

States Code, the Secretary of the Navy shall include information 

on the progress being made to implement the metering of Navy 

piers, including information on any reductions in energy consumption achieved through the use of such metering. 

SEC. 2829. TRAINING POLICY FOR DEPARTMENT OF DEFENSE ENERGY 

MANAGERS. 

(a) ESTABLISHMENT OF TRAINING POLICY.—The Secretary of 

Defense shall establish a training policy for Department of Defense 

energy managers designated for military installations in order to— 

(1) improve the knowledge, skills, and abilities of energy 

managers by ensuring understanding of existing energy laws, 

regulations, mandates, contracting options, local renewable 

Deadlines. 

10 USC 2911 

note. 

10 USC 7291 

note. 

10 USC 2911 

note. 


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portfolio standards, current renewable energy technology 

options, energy auditing, and options to reduce energy consumption; 

(2) improve consistency among energy managers throughout the Department in the performance of their responsibilities; 

(3) create opportunities and forums for energy managers 

to exchange ideas and lessons learned within each military 

department, as well as across the Department of Defense; and 

(4) collaborate with the Department of Energy regarding 

energy manager training. 

(b) ISSUANCE OF POLICY.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

issue the training policy for Department of Defense energy managers. In creating the policy, the Secretary shall consider the best 

practices and certifications available in either the military services 

or in the private sector. 

(c) BRIEFING REQUIREMENT.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense, 

or designated representatives of the Secretary, shall brief the 

Committees on Armed Services of the Senate and House of Representatives regarding the details of the energy manager policy. 

SEC. 2830. REPORT ON ENERGY-EFFICIENCY STANDARDS AND 

PROHIBITION ON USE OF FUNDS FOR LEADERSHIP IN 

ENERGY AND ENVIRONMENTAL DESIGN GOLD OR PLATINUM CERTIFICATION. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than June 30, 2012, the Secretary of Defense shall submit to the congressional defense 

committees a report on the energy-efficiency and sustainability 

standards utilized by the Department of Defense for military 

construction and repair. 

(2) CONTENTS OF REPORT.—The report shall include a costbenefit analysis, return on investment, and long-term payback 

for the following design standards: 

(A) American Society of Heating, Refrigerating and 

Air-Conditioning Engineers (ASHRAE) building standard 

189.1-2011. 

(B) ASHRAE building standard 90.1-2010. 

(C) Leadership in Energy and Environmental Design 

(LEED) silver, gold, and platinum certification, as well 

as the LEED volume certification. 

(D) Other American National Standards Institute 

accredited standards. 

(3) ADDITIONAL CONTENTS OF REPORT.—The report shall 

also include a copy of Department of Defense policy prescribing 

a comprehensive strategy for the pursuit of design and building 

standards across the Department that include specific energyefficient standards and sustainable design attributes for military construction based on the cost-benefit analysis, return 

on investment, and demonstrated payback required by subparagraphs (A), (B), (C), and (D) of paragraph (2). 

(b) PROHIBITION ON USE OF FUNDS FOR LEED GOLD OR PLATINUM CERTIFICATION.— 

(1) PROHIBITION.—No funds authorized to be appropriated 

by this Act or otherwise made available for the Department 


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of Defense for fiscal year 2012 may be obligated or expended 

for achieving any LEED gold or platinum certification. 

(2) WAIVER AND NOTIFICATION.—The Secretary of Defense 

may waive the limitation in paragraph (1) if the Secretary 

submits a notification to the congressional defense committees 

at least 30 days before the obligation of funds toward achieving 

the LEED gold or platinum certification. 

(3) CONTENTS OF NOTIFICATION.—A notification shall 

include the following: 

(A) A cost-benefit analysis of the decision to obligate 

funds toward achieving the LEED gold or platinum certification. 

(B) Demonstrated payback for the energy improvements or sustainable design features. 

(4) EXCEPTION.—LEED gold and platinum certifications 

shall be permitted, and not require a waiver and notification 

under this subsection, if achieving such certification imposes 

no additional cost to the Department of Defense. 

Subtitle D—Provisions Related to Guam 

Realignment 

SEC. 2841. CERTIFICATION OF MEDICAL CARE COVERAGE FOR H–2B 

TEMPORARY WORKFORCE ON MILITARY CONSTRUCTION 

PROJECTS ON GUAM. 

(a) MANAGEMENT OF WORKFORCE HEALTH CARE.—Subject to 

subsection (b), the Secretary of the Navy may not award any additional Navy or Marine Corps construction project or associated 

task order on Guam associated with the Record of Decision for 

the Guam and CNMI Military Relocation dated September 2010 

if the aggregate of the number of employees holding a visa described 

in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality 

Act (8 U.S.C. 1101(a)(15)(H)(ii)(b); known as ‘‘H–2B workers’’) to 

support such relocation exceeds 2,000 until the Secretary of the 

Navy certifies to the congressional defense committees that a system 

of health care for the H–2B workers is available. 

(b) SYSTEM OF HEALTH CARE.—The health care system required 

to be certified in subsection (a) shall— 

(1) include a comprehensive medical plan for the H–2B 

workers; 

(2) include comprehensive planning and coordination with 

contractor-provided healthcare services and with Guam’s 

civilian and military healthcare community; and 

(3) access local healthcare assets to help meet the health 

care needs of the H–2B workers. 

(c) ELEMENTS OF MEDICAL PLAN.—The comprehensive medical 

plan referred to in subsection (b)(1) shall— 

(1) address significant health issues, injury, or series of 

injuries in addition to basic first responder medical services 

for H–2B workers; 

(2) provide pre-deployment health screening at the country 

of origin of H–2B workers, ensuring— 

(A) all major or chronic disease conditions of concern 

are identified; 

(B) proper immunizations are administered; 

10 USC 2687 

note. 

Deadline. 


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(C) screening for tuberculosis and communicable diseases are conducted; and 

(D) all H–2B workers are fit and healthy for work 

prior to deployment; 

(3) provide that an arrival health screening process is developed to ensure the H–2B workers are fit to work and that 

the risk of spreading communicable diseases to the resident 

population is minimized; and 

(4) provide comprehensive on-site medical services, 

including emergency medical care for the H–2B workers, primary health care to include care for chronic diseases, preventive 

services and acute care delivery, and accessible prescription 

services maintaining oversight, authorization access, and 

delivery of prescription medications to the workforce. 

(d) SAVINGS CLAUSE.—Nothing in this section shall be construed 

as requiring the Secretary of the Navy to establish a United States 

Government-sponsored or funded health care system required to 

be certified in subsection (a) or to be responsible in any way for 

the administration of a health care system or plan or the provision 

of health care services for the H–2B workers identified in subsection 

(a). 

SEC. 2842. REPEAL OF CONDITION ON USE OF SPECIFIC UTILITY 

CONVEYANCE AUTHORITY REGARDING GUAM 

INTEGRATED WATER AND WASTEWATER TREATMENT 

SYSTEM. 

Section 2822 of the Military Construction Authorization Act 

for Fiscal Year 2011 (division B of Public Law 111–383; 124 Stat. 

4465) is amended by striking subsection (c). 

Subtitle E—Land Conveyances 

SEC. 2851. LAND CONVEYANCE AND EXCHANGE, JOINT BASE 

ELMENDORF RICHARDSON, ALASKA. 

(a) CONVEYANCES AUTHORIZED.— 

(1) MUNICIPALITY OF ANCHORAGE.—The Secretary of the 

Air Force may, in consultation with the Secretary of the 

Interior, convey to the Municipality of Anchorage (in this section referred to as the ‘‘Municipality’’) all right, title, and 

interest of the United States in and to all or any part of 

a parcel of real property, including any improvements thereon, 

consisting of approximately 220 acres at JBER situated to 

the west of and adjacent to the Anchorage Regional Landfill 

in Anchorage, Alaska, for solid waste management purposes, 

including reclamation thereof, and for alternative energy 

production, and other related activities. This authority may 

not be exercised unless and until the March 15, 1982, North 

Anchorage Land Agreement is amended by the parties thereto 

to specifically permit the conveyance under this paragraph. 

(2) EKLUTNA, INC..—The Secretary of the Air Force may, 

in consultation with the Secretary of the Interior, upon terms 

mutually agreeable to the Secretary of the Air Force and 

Eklutna, Inc., an Alaska Native village corporation organized 

pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 

1601 et seq.) (in this section referred to as ‘‘Eklutna’’), convey 

to Eklutna all right, title, and interest of the United States 


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in and to all or any part of a parcel of real property, including 

any improvements thereon, consisting of approximately 130 

acres situated on the northeast corner of the Glenn Highway 

and Boniface Parkway in Anchorage, Alaska, or such other 

property as may be identified in consultation with the Secretary 

of the Interior, for any use compatible with JBER’s current 

and reasonably foreseeable mission as determined by the Secretary of the Air Force. 

(3) RIGHT TO WITHHOLD TRANSFER.—The Secretary may 

withhold transfer of any portion of the real property described 

in paragraphs (1) and (2) based on public interest or military 

mission requirements. 

(b) CONSIDERATION.— (1) MUNICIPALITY PROPERTY.—As consideration for the 

conveyance under subsection (a)(1), the Secretary of the Air 

Force shall receive in-kind solid waste management services 

at the Anchorage Regional Landfill or such other consideration 

as determined satisfactory by the Secretary equal to at least 

fair market value of the property conveyed. 

(2) EKLUTNA PROPERTY.—As consideration for the conveyance under subsection (a)(2), the Secretary of the Air Force 

is authorized to receive, upon terms mutually agreeable to 

the Secretary and Eklutna, such interests in the surface estate 

of real property owned by Eklutna and situated at the northeast 

boundary of JBER and other consideration as considered satisfactory by the Secretary equal to at least fair market value 

of the property conveyed. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) PAYMENT REQUIRED.—The Secretary of the Air Force 

shall require the Municipality and Eklutna to reimburse the 

Secretary to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyances under subsection (a), including 

survey costs, costs for environmental documentation, and any 

other administrative costs related to the conveyance. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover those costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any cash 

payment received by the United States as consideration for the 

conveyances under subsection (a) shall be deposited in the special 

account in the Treasury established under subsection (b) of section 

572 of title 40, United States Code, and shall be available in 

accordance with paragraph (5)(B) of such subsection. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by surveys satisfactory to the Secretary. 

(f) OTHER OR ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyances under subsection (a) as the Secretary 

considers appropriate to protect the interests of the United States. 


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SEC. 2852. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T. 

ROBINSON, ARKANSAS. 

Section 2852 of the Military Construction Authorization Act 

for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 

2685) is amended by striking ‘‘to be acquired by the United States 

of America’’ and inserting ‘‘to be acquired by the Military Department of Arkansas’’. 

SEC. 2853. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, CAMP 

CAITLIN AND OHANA NUI AREAS, HAWAII. 

Section 2856(a) of the Military Construction Authorization Act 

for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 

2689) is amended by inserting before the period at the end the 

following: ‘‘, before the property or portion thereof is made available 

for transfer pursuant to the Hawaiian Home Lands Recovery Act 

(title II of Public Law 104–42; 109 Stat. 357), for use by any 

other Federal agency, or for disposal under applicable laws’’. 

SEC. 2854. LAND EXCHANGE, FORT BLISS TEXAS. 

(a) CONVEYANCE AUTHORIZED.—In exchange for the receipt of 

the real property described in subsection (b), the Secretary of the 

Army may convey to the Texas General Land Office (in this section 

referred to as the ‘‘TGLO’’) all right, title, and interest of the 

United States in and to a parcel of undeveloped real property 

consisting of approximately 694 acres at Fort Bliss, Texas, for 

the purpose of facilitating commercial development of the parcel. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), TGLO shall convey to the Secretary of the Army 

all right, title, and interest of TGLO in and to a parcel of real 

property, including any improvements thereon, consisting of 

approximately 2,880 acres adjacent to Fort Bliss training areas 

to facilitate tactical vehicle ingress and egress between the installation and the training areas and mitigate encroachment issues. 

If the fair market value of the real property to be acquired by 

the Secretary is less than the fair market value of the real property 

to be conveyed under subsection (a), the Secretary may require 

a cash equalization payment in an amount equal to the difference 

in value. 

(c) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary of the Army shall 

require TGLO to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the land exchange under this section, 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from TGLO in advance of the 

Secretary incurring the actual costs, and the amount collected 

exceeds the costs actually incurred by the Secretary to carry 

out the land exchange, the Secretary shall refund the excess 

amount to TGLO. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the land exchange. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 


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subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be exchanged under this section 

shall be determined by a survey satisfactory to the Secretary of 

the Army. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Army may require such additional terms and conditions in connection with the land exchange under this section as the Secretary 

considers appropriate to protect the interests of the United States. 

SEC. 2855. LAND CONVEYANCE, FORMER DEFENSE DEPOT OGDEN, 

UTAH. 

(a) CONVEYANCE OF RESIDUAL INTERESTS.—To facilitate the 

conveyance of a parcel of real property consisting of approximately 

2.73 acres at the former Defense Depot Ogden, Utah (in this subsection referred to as the ‘‘Property’’), from the Weber Basin Disabled Corporation to the Ogden City Redevelopment Authority (in 

this section referred to as the ‘‘Redevelopment Authority’’), the 

Secretary of the Army may accept a request to revert the Property 

from the Secretary of Health and Human Services. The Secretary 

of the Army may further convey, by quit claim deed, all residual 

right, title, and interest of the United States (including reversionary 

interests) in and to the Property for the purpose of permitting 

the Redevelopment Authority to take immediate steps to prevent 

the further deterioration of the building on the parcel and subsequently redevelop the parcel. 

(b) CONSIDERATION.—As consideration for the conveyance of 

residual United States interests in the property described in subsection (a), the Redevelopment Authority shall pay an amount equal 

to the fair market value of the conveyed interests, as determined 

by the Secretary of the Army. Amounts received under this subsection shall be deposited in the Department of Defense Base Closure Account 2005. The amounts deposited shall be merged with 

other amounts in such fund and be available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in such fund. 

(c) PAYMENT OR COSTS OF CONVEYANCE.— 

(1) IN GENERAL.—The Secretary of the Army shall require 

the Redevelopment Authority to cover costs to be incurred 

by the Secretary, or to reimburse the Secretary for costs 

incurred by the Secretary, to carry out the conveyance under 

subsection (a), including costs related to environmental documentation and other administrative costs. If amounts are collected from the Redevelopment Authority in advance of the 

Secretary of the Army incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the 

Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the Redevelopment Authority. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

in carrying out the conveyance. Amounts so credited shall be 

merged with amounts in such fund or account and shall be 

available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. 


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(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary 

of the Army. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Army may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary 

considers appropriate to protect the interests of the United States. 

Subtitle F—Other Matters 

SEC. 2861. REDESIGNATION OF INDUSTRIAL COLLEGE OF THE ARMED 

FORCES AS THE DWIGHT D. EISENHOWER SCHOOL FOR 

NATIONAL SECURITY AND RESOURCE STRATEGY. 

(a) REDESIGNATION.—The Industrial College of the Armed 

Forces is hereby renamed the ‘‘Dwight D. Eisenhower School for 

National Security and Resource Strategy’’. 

(b) CONFORMING AMENDMENT.—Paragraph (2) of section 2165(b) 

of title 10, United States Code, is amended to read as follows: 

‘‘(2) The Dwight D. Eisenhower School for National Security 

and Resource Strategy.’’. 

(c) REFERENCES.—Any reference to the Industrial College of 

the Armed Forces in any law, regulation, map, document, record, 

or other paper of the United States shall be deemed to be a reference 

to the Dwight D. Eisenhower School for National Security and 

Resource Strategy. 

SEC. 2862. REDESIGNATION OF MIKE O’CALLAGHAN FEDERAL HOSPITAL IN NEVADA AS MIKE O’CALLAGHAN FEDERAL MEDICAL CENTER. 

(a) REDESIGNATION.—Section 2867 of the Military Construction 

Authorization Act for Fiscal Year 1997 (division B of Public Law 

104–201; 110 Stat. 2806), as amended by section 8135(a) of the 

Department of Defense Appropriations Act, 1997 (section 101(b) 

of division A of the Omnibus Consolidated Appropriations Act, 

1997 (Public Law 104–208; 110 Stat. 3009–118)), is further amended 

by striking ‘‘Mike O’Callaghan Federal Hospital’’ each place it 

appears and inserting ‘‘Mike O’Callaghan Federal Medical Center’’. 

SEC. 2863. PROHIBITION ON NAMING DEPARTMENT OF DEFENSE REAL 

PROPERTY AFTER A MEMBER OF CONGRESS. 

(a) PROHIBITION.—Section 2661 of title 10, United States Code, 

is amended by inserting after subsection (b) the following new 

subsection: 

‘‘(c) PROHIBITION ON NAMING DEPARTMENT OF DEFENSE REAL

PROPERTY AFTER MEMBER OF CONGRESS.—(1) Real property under 

the jurisdiction of the Secretary of Defense or the Secretary of 

a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member 

of Congress at the time the property is so named or identified. 

‘‘(2) In this subsection: 

‘‘(A) The term ‘Member of Congress’ includes a Delegate 

or Resident Commissioner to the Congress. 

‘‘(B) The term ‘real property’ includes structures, buildings, 

or other infrastructure of a military installation, roadways and 

defense access roads, and any other area on the grounds of 

a military installation.’’. 

10 USC 663. 

10 USC 2165 

note. 

Survey. 


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(b) APPLICATION OF AMENDMENT.—The prohibition in subsection 

(c) of section 2661 of title 10, United States Code, as added by 

subsection (a), shall apply only with respect to real property of 

the Department of Defense named after the date of the enactment 

of this Act. 

SEC. 2864. NOTIFICATIONS OF REDUCTIONS IN NUMBER OF MEMBERS 

OF THE ARMED FORCES ASSIGNED TO PERMANENT DUTY 

AT A MILITARY INSTALLATION. 

(a) NOTICE AND WAIT LIMITATION.—Chapter 50 of title 10, 

United States Code, is amended by inserting after section 992 

the following new section: 

‘‘§ 993. Notification of permanent reduction of sizable numbers of members of the armed forces 

‘‘(a) NOTIFICATION.—The Secretary of Defense or the Secretary 

of the military department concerned shall notify Congress under 

subsection (b) of a plan to reduce more than 1,000 members of 

the armed forces assigned at a military installation. 

‘‘(b) NOTICE REQUIREMENTS.—No irrevocable action may be 

taken to effect or implement a reduction described under subsection 

(a) until— 

‘‘(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committees on Armed 

Services of the Senate and the House of Representatives of 

the proposed reduction and the number of personnel assignments affected; 

‘‘(2) submits a justification for the reduction and an evaluation of the local strategic and operational impact of such reduction; and 

‘‘(3) a period of 21 days has expired following submission 

of the notice and evaluation required under this subsection, 

or if sooner, a period of 14 days has expired following the 

date on which an electronic version of the notice and justification has been submitted to such committees. 

‘‘(c) EXCEPTIONS.— 

‘‘(1) BASE CLOSURE PROCESS.—Subsections (a) and (b) do 

not apply in the case of the realignment of a military installation pursuant to a base closure law. 

‘‘(2) NATIONAL SECURITY OR EMERGENCY.—Subsections (a) 

and (b) do not apply if the President certifies to Congress 

that the reduction in military personnel at a military installation must be implemented for reasons of national security or 

a military emergency.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘993. Notification of permanent reduction of sizable numbers of members of the 

armed forces.’’. 

SEC. 2865. INVESTMENT PLAN FOR THE MODERNIZATION OF PUBLIC 

SHIPYARDS UNDER JURISDICTION OF DEPARTMENT OF 

THE NAVY. 

(a) PLAN REQUIRED.—Not later than September 1, 2012, the 

Secretary of the Navy shall submit to the congressional defense 

committees a plan to address the facilities and infrastructure 

Deadline. 

President. 

Certification. 

Submission. 

Evaluation. 

Time period. 

Plans. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1703 

requirements at each public shipyard under the jurisdiction of the 

Department of the Navy. 

(b) CONTENT.—The report required under subsection (a) shall 

include the following elements: 

(1) A description of the operations and support required 

at each public shipyard under the control of the Secretary, 

including the location, year constructed, the classes of ships 

serviced, number of personnel assigned, and the average age 

of facilities at each location. 

(2) A review of all workload requirements in the past 

5 years, an assessment of the efficiency in the use of existing 

facilities to meet the workload, and an estimate of the workload 

planned for each public shipyard through the current futureyears defense program under section 221 of title 10, United 

States Code. 

(3) An assessment of the adequacy of each facility— 

(A) to carry out efficient depot-level ship maintenance 

with modern technology and equipment; 

(B) to ensure workplace safety; 

(C) to support nuclear-related activities (where 

applicable); 

(D) to maintain the quality of life of the workforce; 

and 

(E) to meet the energy savings goals of the Secretary 

of the Navy for military installations. 

(4) An assessment of the existing condition of each facility 

at each public shipyard to include a review of existing and 

projected deficiencies or inadequate conditions at each facility, 

and whether any of the facilities listed are temporary structures. 

(5) A description and cost estimate for each project to 

improve, repair, renovate, or modernize facilities or infrastructure. 

(6) A description of the facility improvements or new 

construction projects at each public shipyard that would 

improve the efficiency of the facility’s operations or generate 

energy savings based upon a business case analysis. 

(7) An investment strategy planned for each public shipyard 

to correct deficiencies identified in paragraph (4), including 

timelines to complete each project and cost estimates and 

timelines necessary to complete the projects identified in paragraph (6). 

(8) A list of projects, costs, and timelines through the 

future-years defense program to meet the requirements of the 

minimum capital investment percentage required under section 

2476 of title 10, United States Code. 

SEC. 2866. REPORT ON THE HOMEOWNERS ASSISTANCE PROGRAM. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to Congress a 

report on the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966 (42 

U.S.C. 3374). The report shall include the following: 

(1) The estimated cost if eligibility were expanded to include 

permanent change of station applicants who purchased a home 

after July 1, 2006, and before July 1, 2008. 

Time periods. 


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(2) The estimated cost if eligibility were expanded to include 

members of the Armed Forces under paragraph (1) and permanent change of station applicants who received permanent 

change of station orders after September 30, 2010, and before 

September 30, 2011. 

(3) The estimated number of members of the Armed Forces 

who received permanent change of station orders after September 30, 2010, and before September 30, 2011, and who 

suffered a decline of at least a 10 percent in home value 

from the date of purchase to the date of sale. 

SEC. 2867. DATA SERVERS AND CENTERS. 

(a) LIMITATIONS ON OBLIGATION OF FUNDS.— (1) LIMITATIONS.— (A) BEFORE PERFORMANCE PLAN.—During the period 

beginning on the date of the enactment of this Act and 

ending on May 1, 2012, a department, agency, or component 

of the Department of Defense may not obligate funds for 

a data server farm or data center unless approved by 

the Chief Information Officer of the Department of Defense 

or the Chief Information Officer of a component of the 

Department to whom the Chief Information Officer of the 

Department has specifically delegated such approval 

authority. 

(B) UNDER PERFORMANCE PLAN.—After May 1, 2012, 

a department, agency, or component of the Department 

may not obligate funds for a data center, or any information 

systems technology used therein, unless that obligation 

is in accordance with the performance plan required by 

subsection (b) and is approved as described in subparagraph (A). 

(2) REQUIREMENTS FOR APPROVALS.— 

(A) BEFORE PERFORMANCE PLAN.—An approval of the 

obligation of funds may not be granted under paragraph 

(1)(A) unless the official granting the approval determines, 

in writing, that existing resources of the agency, component, or element concerned cannot affordably or practically 

be used or modified to meet the requirements to be met 

through the obligation of funds. 

(B) UNDER PERFORMANCE PLAN.—An approval of the 

obligation of funds may not be granted under paragraph 

(1)(B) unless the official granting the approval determines 

that— 

(i) existing resources of the Department do not 

meet the operation requirements to be met through 

the obligation of funds; and 

(ii) the proposed obligation is in accordance with 

the performance standards and measures established 

by the Chief Information Officer of the Department 

under subsection (b). 

(3) REPORTS.—Not later than 30 days after the end of 

each calendar quarter, each Chief Information Officer of a 

component of the Department who grants an approval under 

paragraph (1) during such calendar quarter shall submit to 

the Chief Information Officer of the Department a report on 

the approval or approvals so granted during such calendar 

quarter. 

Determination. 

Effective date. 

Time period. 

10 USC 2223a 

note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1705 

(b) PERFORMANCE PLAN FOR REDUCTION OF RESOURCES

REQUIRED FOR DATA SERVERS AND CENTERS.— (1) COMPONENT PLANS.— 

(A) IN GENERAL.—Not later than January 15, 2012, 

the Secretaries of the military departments and the heads 

of the Defense Agencies shall each submit to the Chief 

Information Officer of the Department a plan for the 

department or agency concerned to achieve the following: 

(i) A reduction in the square feet of floor space 

devoted to information systems technologies, attendant 

support technologies, and operations within data centers. 

(ii) A reduction in the use of all utilities necessary 

to power and cool information systems technologies 

and data centers. 

(iii) An increase in multi-organizational utilization 

of data centers, information systems technologies, and 

associated resources. 

(iv) A reduction in the investment for capital infrastructure or equipment required to support data centers as measured in cost per megawatt of data storage. 

(v) A reduction in the number of commercial and 

government developed applications running on data 

servers and within data centers. 

(vi) A reduction in the number of government and 

vendor provided full-time equivalent personnel, and 

in the cost of labor, associated with the operation of 

data servers and data centers. 

(B) SPECIFICATION OF REQUIRED ELEMENTS.—The Chief 

Information Officer of the Department shall specify the 

particular performance standards and measures and 

implementation elements to be included in the plans submitted under this paragraph, including specific goals and 

schedules for achieving the matters specified in subparagraph (A). 

(2) DEFENSE-WIDE PLAN.— 

(A) IN GENERAL.—Not later than April 1, 2012, the 

Chief Information Officer of the Department shall submit 

to the congressional defense committees a performance plan 

for a reduction in the resources required for data centers 

and information systems technologies Department-wide. 

The plan shall be based upon and incorporate appropriate 

elements of the plans submitted under paragraph (1). 

(B) ELEMENTS.—The performance plan required under 

this paragraph shall include the following: 

(i) A Department-wide performance plan for 

achieving the matters specified in paragraph (1)(A), 

including performance standards and measures for 

data centers and information systems technologies, 

goals and schedules for achieving such matters, and 

an estimate of cost savings anticipated through 

implementation of the plan. 

(ii) A Department-wide strategy for each of the 

following: 

(I) Desktop, laptop, and mobile device 

virtualization. 

(II) Transitioning to cloud computing. 

Deadline. 

Deadlines. 


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125 STAT. 1706 PUBLIC LAW 112–81—DEC. 31, 2011 

(III) Migration of Defense data and government-provided services from Department-owned 

and operated data centers to cloud computing services generally available within the private sector 

that provide a better capability at a lower cost 

with the same or greater degree of security. 

(IV) Utilization of private sector-managed 

security services for data centers and cloud computing services. 

(V) A finite set of metrics to accurately and 

transparently report on data center infrastructure 

(space, power and cooling): age, cost, capacity, 

usage, energy efficiency and utilization, accompanied with the aggregate data for each data 

center site in use by the Department in excess 

of 100 kilowatts of information technology power 

demand. 

(VI) Transitioning to just-in-time delivery of 

Department-owned data center infrastructure 

(space, power and cooling) through use of modular 

data center technology and integrated data center 

infrastructure management software. 

(3) RESPONSIBILITY.—The Chief Information Officer of the 

Department shall discharge the responsibility for establishing 

performance standards and measures for data centers and 

information systems technologies for purposes of this subsection. Such responsibility may not be delegated. 

(c) EXCEPTION.—The Chief Information Officer of the Department and the Chief Information Officer of the Intelligence Community may jointly exempt from the applicability of this section such 

intelligence components of the Department of Defense (and the 

programs and activities thereof) that are funded through the 

National Intelligence Program (NIP) as the Chief Information Officers consider appropriate. 

(d) REPORTS ON COST SAVINGS.— 

(1) IN GENERAL.—Not later than March 1 of each fiscal 

year, and ending in fiscal year 2016, the Chief Information 

Officer of the Department shall submit to the appropriate 

committees of Congress a report on the cost savings, cost reductions, cost avoidances, and performance gains achieved, and 

anticipated to be achieved, as of the date of such report as 

a result of activities undertaken under this section. 

(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 

this subsection, the term ‘‘appropriate committees of Congress’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee 

on Intelligence of the House of Representatives. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1707 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Limitation on availability of funds for establishment of centers of excellence on nuclear security outside of the former Soviet Union. 

Sec. 3112. Aircraft procurement. 

Sec. 3113. Hanford waste tank cleanup program reforms. 

Sec. 3114. Recognition and status of National Atomic Testing Museum. 

Subtitle C—Reports 

Sec. 3121. Repeal of certain report requirements. 

Sec. 3122. Progress on nuclear nonproliferation. 

Sec. 3123. Reports on role of nuclear security complex sites and potential efficiencies. 

Sec. 3124. Net assessment of high-performance computing capabilities of foreign 

countries. 

Sec. 3125. Review and analysis of nuclear waste reprocessing and nuclear reactor 

technology. 

Subtitle D—Other Matters 

Sec. 3131. Sense of Congress on the use of savings from excess amounts for certain 

pension plan contributions. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2012 for the activities of the National Nuclear Security 

Administration in carrying out programs as specified in the funding 

table in section 4701. 

(b) AUTHORIZATION OF NEW PLANT PROJECT.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out the following 

new plant project for the National Nuclear Security Administration: 

Project 12–D–301, Transuranic (TRU) Waste Facilities, 

Los Alamos National Laboratory, Los Alamos, New Mexico, 

$9,881,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2012 for defense environmental 

cleanup activities in carrying out programs as specified in the 

funding table in section 4701. 


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125 STAT. 1708 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2012 for other defense activities 

in carrying out programs as specified in the funding table in section 

4701. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. LIMITATION ON AVAILABILITY OF FUNDS FOR ESTABLISHMENT OF CENTERS OF EXCELLENCE ON NUCLEAR SECURITY OUTSIDE OF THE FORMER SOVIET UNION. 

(a) LIMITATION.—Of the funds authorized to be appropriated 

by section 3101 or otherwise made available for fiscal year 2012 

for the National Nuclear Security Administration, not more than 

25 percent may be obligated or expended to establish a center 

of excellence on nuclear security in a country that is not a state 

of the former Soviet Union until the date on which the Secretary 

of Energy submits to the appropriate congressional committees 

the report under subsection (b). 

(b) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Energy shall, in 

consultation with the Secretary of Defense, submit to the appropriate congressional committees a report that includes the following: 

(1) An identification of the country in which a center of 

excellence established under subsection (a) will be located. 

(2) A description of the purpose for which the center will 

be established and the existing capacity of the country in which 

the center will be located to develop and implement best practices for training for nuclear security. 

(3) The extent to which the training and relationshipbuilding activities planned for the center could contribute to 

improving the historic pattern of the country in which the 

center will be located with respect to the proliferation of 

weapons of mass destruction and missiles. 

(4) The agreement under which the center will operate. 

(5) A funding plan for the center, including— 

(A) the amount of funds to be provided by the government of the country in which the center will be located; 

and 

(B) the percentage of the total cost of establishing 

and operating the center the funds described in subparagraph (A) will cover. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 3112. AIRCRAFT PROCUREMENT. 

Using amounts authorized to be appropriated and made available for obligation under section 3101 for weapons activities for 

any fiscal year before fiscal year 2013, the Secretary of Energy 

may procure not more than one aircraft. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1709 

SEC. 3113. HANFORD WASTE TANK CLEANUP PROGRAM REFORMS. 

Section 4442 of the Atomic Energy Defense Act (50 U.S.C. 

2622) is amended— 

(1) in subsection (b)(2), by striking ‘‘, consistent with the 

policy direction established by the Department, all aspects of 

the River Protection Project, Richland, Washington’’ and 

inserting ‘‘all aspects of the River Protection Project, Richland, 

Washington, including Hanford Tank Farm operations and the 

Waste Treatment Plant’’; 

(2) by amending subsection (d) to read as follows: 

‘‘(d) NOTIFICATION.—The Assistant Secretary of Energy for 

Environmental Management shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives written notification detailing any 

changes in the roles, responsibilities, and reporting relationships 

that involve the Office.’’; and 

(3) by striking subsections (e) and (f) and inserting the 

following new subsection: 

‘‘(e) TERMINATION.—The Office shall terminate on September 

30, 2019. The Office may be extended beyond that date if the 

Assistant Secretary of Energy for Environmental Management 

determines in writing that termination would disrupt effective 

management of the Hanford Tank Farm operations.’’. 

SEC. 3114. RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING 

MUSEUM. 

Section 3137 of the National Defense Authorization Act for 

Fiscal Years 1992 and 1993 (42 U.S.C. 7142) is amended— 

(1) in the section heading, by inserting ‘‘AND NATIONAL

ATOMIC TESTING MUSEUM’’ after ‘‘ATOMIC MUSEUM’’; and 

(2) by adding at the end the following new subsection: 

‘‘(d) RECOGNITION AND STATUS OF NATIONAL ATOMIC TESTING

MUSEUM.—The museum operated by the Nevada Test Site Historical Foundation and located in Las Vegas, Nevada— 

‘‘(1) is recognized as the official atomic testing museum 

of the United States; and 

‘‘(2) shall be known as the ‘National Atomic Testing 

Museum’.’’. 

Subtitle C—Reports 

SEC. 3121. REPEAL OF CERTAIN REPORT REQUIREMENTS. 

(a) REPEAL OF REPORT REQUIREMENT FOR NUCLEAR CITIES INITIATIVE PROGRAM.—Section 3132 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1366) 

is repealed. 

(b) REMOVAL OF REPORT REQUIREMENT FOR NONPROLIFERATION

INITIATIVE PROGRAM.—Paragraph (6) of section 4302(a) of the 

Atomic Energy Defense Act (50 U.S.C. 2562(a)) is amended to 

read as follows: 

‘‘(6) Funds appropriated for the Initiatives for Proliferation 

Prevention program may not be used to pay any tax or customs 

duty levied by the government of the Russian Federation. In the 

event payment of such a tax or customs duty with such funds 

is unavoidable, the Secretary of Energy shall ensure that sufficient 

Designation. 

Nevada. 

Determination. 


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125 STAT. 1710 PUBLIC LAW 112–81—DEC. 31, 2011 

additional funds are provided to the Initiatives for Proliferation 

Prevention Program to offset the amount of such payment.’’. 

SEC. 3122. PROGRESS ON NUCLEAR NONPROLIFERATION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the spread of nuclear and radiological weapons, or 

weapons-usable material, technology, equipment, information, 

and expertise, poses a short- and long-term threat to the security of the United States; and 

(2) the nonproliferation efforts of the United States should 

prioritize the programs which most directly address such threat. 

(b) ANNUAL REPORT.— (1) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, and annually thereafter by not 

later than March 1 of each year through 2016, the Secretary 

of Energy shall submit to the appropriate congressional committees a report on the strategic plans of the Department of 

Energy and the National Nuclear Security Administration to 

prevent the proliferation of materials, technology, equipment, 

and expertise related to nuclear and radiological weapons in 

order to minimize the risk of nuclear terrorism and the proliferation of such weapons. 

(2) MATTERS INCLUDED.—Each report under paragraph (1) 

shall include the following: 

(A) Progress and challenges in implementing the strategic plans described in paragraph (1), including— 

(i) preventing nuclear terrorism by securing and 

removing highly-enriched uranium and plutonium 

worldwide; 

(ii) converting reactors from highly-enriched uranium to low-enriched uranium in the Russian Federation and other countries; 

(iii) providing radiation detection capability at 

ports and borders; 

(iv) securing and removing radiological materials 

worldwide; 

(v) developing and improving technology to— 

(I) detect the proliferation and detonation of 

nuclear weapons; 

(II) verify foreign commitments to treaties and 

agreements with respect to nuclear weapons; and 

(III) detect the diversion of nuclear materials, 

including safeguard technology; 

(vi) preventing and countering the proliferation 

and use of nuclear weapons (including materials, technology, and expertise related to such weapons), 

including through safeguards, export controls, international regimes, treaties, and agreements; 

(vii) disposing of surplus material of both the 

United States and Russia; and 

(viii) preventing the proliferation of nuclear 

weapons expertise. 

(B) An estimate of the budget requirements of the 

National Nuclear Security Administration, including the 

costs associated with the implementation of the strategic 

plans described in paragraph (1) over the 5-year period 

following the date of the report. 


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(C) A discussion of the coordination of the programs 

of the National Nuclear Security Administration with other 

offices of the Department of Energy and with other agencies 

and offices of the Federal Government with respect to 

implementing the strategic plans described in paragraph 

(1). 

(c) ANNUAL ASSESSMENT.—Not later than 180 days after the 

date of the enactment of this Act, and annually thereafter by 

not later than March 1 of each year through 2016, the Secretary 

of Energy, in coordination with the Office of Intelligence and 

Counterintelligence of the Department of Energy, shall submit to 

the appropriate congressional committees an assessment containing 

the following: 

(1) An assessment of the risk that non-nuclear weapons 

states may acquire nuclear enrichment or reprocessing technology. 

(2) A list, by country and site, reflecting the total amount 

of known highly-enriched uranium around the world, and an 

assessment of the vulnerability of such uranium to theft or 

diversion. 

(d) FORM.— 

(1) IN GENERAL.—Except as provided by paragraph (2), 

each report and assessment under this section shall be submitted in unclassified form, but may include a classified annex. 

(2) LIST.—Each list under subsection (c)(2) may be in classified form if the Secretary determines it necessary. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate. 

SEC. 3123. REPORTS ON ROLE OF NUCLEAR SECURITY COMPLEX SITES 

AND POTENTIAL EFFICIENCIES. 

(a) NATIONAL NUCLEAR SECURITY ADMINISTRATION REPORT.— 

(1) REPORT REQUIRED.—Not later than March 1, 2013, the 

Administrator for Nuclear Security shall submit to the congressional defense committees a report— 

(A) assessing the role of the nuclear security complex 

sites in supporting— 

(i) a safe, secure, and reliable nuclear deterrent; 

(ii) reductions in the nuclear stockpile; and 

(iii) the nuclear nonproliferation efforts of the 

United States; and 

(B) identifying any opportunities for efficiencies and 

cost savings within the nuclear security complex. 

(2) MATTERS INCLUDED.—The report under paragraph (1) 

shall include the following: 

(A) An assessment of the role of the nuclear security 

complex sites, including the national security laboratories, 

in— 

(i) maintaining a safe, secure, and reliable nuclear 

deterrent; 

Definition. 

Lists. 


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125 STAT. 1712 PUBLIC LAW 112–81—DEC. 31, 2011 

(ii) supporting reductions in the nuclear stockpile; 

and 

(iii) supporting the nuclear nonproliferation efforts 

of the United States, including improving verification 

and detection technology. 

(B) An identification of any opportunities for efficiencies within the nuclear security complex and an assessment of how those efficiencies could contribute to cost 

savings and strengthening safety and security. 

(C) An assessment of duplicative functions within the 

nuclear security complex and a description of which 

duplicative functions remain necessary and why. 

(D) If the Administrator determines it appropriate, 

an analysis of the potential for shared use or development 

of high explosives research and development capacity, 

supercomputing platforms, and infrastructure maintained 

for Work for Others programs. 

(E) A description of the long-term strategic plan for 

the nuclear security complex. 

(b) COMPTROLLER GENERAL REPORT.—Not later than 180 days 

after the report under subsection (a)(1) is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the report submitted 

by the Administrator for Nuclear Security under subsection (a). 

(c) FORM.—The reports required by subsections (a) and (b) 

shall be submitted in unclassified form, but may include a classified 

annex. 

(d) NUCLEAR SECURITY COMPLEX DEFINED.—In this section, 

the term ‘‘nuclear security complex’’ means the facilities and laboratories specified in section 4102(g) of the Atomic Energy Defense 

Act (50 U.S.C. 2512(g)). 

SEC. 3124. NET ASSESSMENT OF HIGH-PERFORMANCE COMPUTING 

CAPABILITIES OF FOREIGN COUNTRIES. 

(a) ASSESSMENT REQUIRED.—The Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary 

of Energy, the Administrator for Nuclear Security, and the Secretary of Commerce, shall conduct a net assessment of the highperformance computing capability possessed by foreign countries. 

(b) MATTERS COVERED.—The assessment required by subsection 

(a) shall include— 

(1) an analysis of current and expected future capabilities 

and trends with respect to high-performance computing in the 

United States and in other countries; 

(2) a description of how high-performance computing technology is being used by various countries as compared to the 

United States; 

(3) an evaluation of the similarities and differences in 

approaches to the innovation, development, and use of highperformance computing among the United States and countries 

with the most experience, capabilities, or skill with respect 

to high-performance computing; 

(4) estimates of the current and expected future effects 

of high-performance computing technology on the national security and economic growth of various countries; 

(5) recommendations on actions to take to ensure the 

continued leadership by the United States in high-performance 


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computing and ways to better leverage such technology for 

innovation, economic growth, and national security; and 

(6) such other matters as the Director of National Intelligence considers appropriate. 

(c) COORDINATION WITH OTHER AGENCIES.—The Director of 

National Intelligence shall coordinate the assessment required by 

subsection (a) with other departments or agencies of the Federal 

Government as the Director considers appropriate. 

(d) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report on the results of the assessment required by 

subsection (a). 

(2) FORM.—The report required under this section shall 

be submitted in unclassified form, but may include a classified 

annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this 

subsection, the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Appropriations, the Committee on Foreign Affairs, the 

Committee on Energy and Commerce, and the Permanent 

Select Committee on Intelligence of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Appropriations, the Committee on Foreign Relations, 

the Committee on Energy and Natural Resources, the Committee on Banking, Housing, and Urban Affairs, and the 

Select Committee on Intelligence of the Senate. 

SEC. 3125. REVIEW AND ANALYSIS OF NUCLEAR WASTE REPROCESSING 

AND NUCLEAR REACTOR TECHNOLOGY. 

(a) STUDY REQUIRED.—The Secretary of Energy, in consultation 

with the Administrator for Nuclear Security and the Secretary 

of Defense, as needed, shall conduct a study on waste reprocessing 

and Generation IV nuclear reactor technology. 

(b) ELEMENTS.—The study required under subsection (a) shall 

include— 

(1) a review of previous studies conducted by the Department of Energy and the National Academy of Sciences related 

to the subject of nuclear waste reprocessing and the use of 

mixed oxide fuel in nuclear reactors, including Generation IV 

reactors, as a point of reference; 

(2) a determination of the waste streams resulting from 

reprocessing and the use of mixed oxide fuel; 

(3) an analysis of the nuclear proliferation risks of 

reprocessing and using mixed oxide fuel in nuclear reactors, 

including effects on the nuclear nonproliferation efforts of the 

United States; 

(4) a comparison of the costs and proliferation risks of 

nuclear waste reprocessing technologies used in other countries 

and a comparison to the costs and risks of direct disposal 

of nuclear waste; and 

(5) an analysis, in coordination with the Secretary of 

Defense, of the feasibility of deploying proven Generation IV 

Determination. 

Definition. 


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reactors or other nuclear technology that could use mixed oxide 

fuel at military installations. 

(c) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Energy shall 

submit to the appropriate congressional committees a report 

on the study required under subsection (a). 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this 

subsection, the term ‘‘appropriate congressional committees’’ 

means— 

(A) the Committee on Armed Services, the Committee 

on Energy and Commerce, and the Committee on Foreign 

Affairs of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Energy and Natural Resources, and the Committee on 

Foreign Relations of the Senate. 

Subtitle D—Other Matters 

SEC. 3131. SENSE OF CONGRESS ON THE USE OF SAVINGS FROM 

EXCESS AMOUNTS FOR CERTAIN PENSION PLAN CONTRIBUTIONS. 

It is the sense of Congress that— 

(1) the employee pension plans maintained by the management and operating contractors managing the national laboratories, plants, and other facilities of the National Nuclear Security Administration and the Office of Environmental Management of the Department of Energy should be fully funded 

to ensure that pension commitments made to the highly skilled 

scientists, engineers, and other employees of the nuclear enterprise are kept; and 

(2) if economic conditions improve, or efficiencies are identified, so that amounts appropriated for contributions to those 

pension plans exceed the amounts required by law for those 

contributions, the Administrator for Nuclear Security or the 

Assistant Secretary of Energy for Environmental Management 

should promptly obligate or expend the excess amounts on 

high priority mission activities of the National Nuclear Security 

Administration or the Office of Environmental Management, 

as the case may be. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2012, 

$29,130,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

Definition. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1715 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $14,909,000 for fiscal year 2012 for 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Sec. 3501. Authorization of appropriations for national security aspects of the merchant marine for fiscal year 2012. 

Sec. 3502. Use of National Defense Reserve Fleet and Ready Reserve Force vessels. 

Sec. 3503. Recruitment authority. 

Sec. 3504. Ship scrapping reporting requirement. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL 

SECURITY ASPECTS OF THE MERCHANT MARINE FOR 

FISCAL YEAR 2012. 

Funds are hereby authorized to be appropriated for fiscal year 

2012, to be available without fiscal year limitation if so provided 

in the appropriations Acts, for the use of the Department of 

Transportation for Maritime Administration programs associated 

with maintaining national security aspects of the merchant marine, 

as follows: 

(1) For expenses necessary for operations of the United 

States Merchant Marine Academy, $93,068,000, of which— 

(A) $64,183,000 shall remain available until expended 

for Academy operations; and 

(B) $28,885,000 shall remain available until expended 

for capital asset management at the Academy. 

(2) For expenses necessary to support the State maritime 

academies, $17,100,000, of which— 

(A) $2,400,000 shall remain available until expended 

for student incentive payments; 

(B) $3,600,000 shall remain available until expended 

for direct payments to such academies; and 

(C) $11,100,000 shall remain available until expended 

for maintenance and repair of State maritime academy 

training vessels. 

(3) For expenses necessary to dispose of vessels in the 

National Defense Reserve Fleet, $18,500,000, to remain available until expended. 

(4) For expenses to maintain and preserve a United Statesflag merchant marine to serve the national security needs 

of the United States under chapter 531 of title 46, United 

States Code, $186,000,000. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1716 PUBLIC LAW 112–81—DEC. 31, 2011 

(5) For the cost (as defined in section 502(5) of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 6661a(5)) of loan guarantees under the program authorized by chapter 537 of title 

46, United States Code, $14,260,000, of which $3,740,000 shall 

remain available until expended for administrative expenses 

of the program. 

SEC. 3502. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY 

RESERVE FORCE VESSELS. 

Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 

App. 1744(b)) is amended— 

(1) in subsection (b), by striking ‘‘or’’ after the semicolon 

at the end of paragraph (4), striking the period at the end 

of paragraph (5) and inserting ‘‘; or’’, and adding at the end 

the following new paragraph: 

‘‘(6) for civil contingency operations and Maritime Administration promotional and media events, in accordance with subsection (f).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) USE OF NDRF VESSELS FOR CIVIL CONTINGENCY OPERATIONS AND PROMOTIONAL AND MEDIA EVENTS.—With the concurrence of the Secretary of Defense, the Secretary of Transportation 

may allow the use of vessels in the National Defense Reserve 

Fleet (NDRF) for civil contingency operations requested by another 

Federal agency, and for Maritime Administration promotional and 

media events relating to demonstration projects and research and 

development supporting the Administration’s mission, if the Secretary of Transportation determines such use is in the best interest 

of the Government after considering the following factors: 

‘‘(1) AVAILABILITY.—The availability of NDRF or Ready 

Reserve Force (RRF) resources and the impact of such use 

on NDRF and RRF mission support to the defense and homeland security requirements of the Government. 

‘‘(2) INTERFERENCE.—Whether the such use of vessels will 

support the mission of the Maritime Administration and not 

significantly interfere with NDRF vessel maintenance, repair, 

safety, readiness, and resource availability. 

‘‘(3) SAFETY.—Whether safety precautions will be taken, 

including indemnification of liability when applicable. 

‘‘(4) COST.—Whether any costs incurred by such use will 

be funded as a reimbursable transaction between Federal agencies, as applicable. 

‘‘(5) OTHER MATTERS.—Any other matters the Maritime 

Administrator considers appropriate.’’. 

SEC. 3503. RECRUITMENT AUTHORITY. 

Section 51301 of title 46, United States Code, is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before the first sentence; and 

(2) by adding at the end the following new subsection: 

‘‘(b) RECRUITMENT.—The Secretary of Transportation may, subject to the availability of appropriations, expend funds available 

for United States Merchant Marine Academy operating expenses 

for recruiting activities, including advertising, in order to obtain 

recruits for the Academy and cadet applicants.’’. 

Determination. 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1717 

SEC. 3504. SHIP SCRAPPING REPORTING REQUIREMENT. 

Section 3502(f) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001, as amended by section 

3505(a) of the National Defense Authorization Act for Fiscal Year 

2006 (119 Stat. 3551), is amended to read as follows: 

‘‘(f) BRIEFINGS.—The Maritime Administrator shall, upon 

request, provide briefings to the Committee on Transportation and 

Infrastructure, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives, and 

the Committee on Commerce, Science, and Transportation and the 

Committee on Armed Services of the Senate, on the progress made 

in recycling vessels, problems encountered with recycling vessels, 

issues relating to vessel recycling, and other issues relating to 

vessel recycling and disposal.’’. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

TITLE XLIV—MILITARY PERSONNEL 

Sec. 4401. Military personnel. 

Sec. 4402. Military personnel for overseas contingency operations. 

TITLE XLV—OTHER AUTHORIZATIONS 

Sec. 4501. Other authorizations. 

Sec. 4502. Other authorizations for overseas contingency operations. 

TITLE XLVI—MILITARY CONSTRUCTION 

Sec. 4601. Military construction. 

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4701. Department of Energy national security programs. 

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 

(a) IN GENERAL.—Whenever a funding table in this division 

specifies a dollar amount authorized for a project, program, or 

activity, the obligation and expenditure of the specified dollar 

amount for the project, program, or activity is hereby authorized, 

subject to the availability of appropriations. 

(b) MERIT-BASED DECISIONS.—A decision to commit, obligate, 

or expend funds with or to a specific entity on the basis of a 

dollar amount authorized pursuant to subsection (a) shall— 

(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of 

title 10, United States Code, or on competitive procedures; 

and 

(2) comply with other applicable provisions of law. 

16 USC 5405 

note. 


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125 STAT. 1718 PUBLIC LAW 112–81—DEC. 31, 2011 

(c) RELATIONSHIP TO TRANSFER AND PROGRAMMING

AUTHORITY.—An amount specified in the funding tables in this 

division may be transferred or reprogrammed under a transfer 

or reprogramming authority provided by another provision of this 

Act or by other law. The transfer or reprogramming of an amount 

specified in such funding tables shall not count against a ceiling 

on such transfers or reprogrammings under section 1001 or section 

1522 of this Act or any other provision of law, unless such transfer 

or reprogramming would move funds between appropriation 

accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 

to any classified annex that accompanies this Act. 

(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written 

communication concerning any amount specified in the funding 

tables in this division shall supersede the requirements of this 

section. 

TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

001 UTILITY F/W AIRCRAFT ................................................................. 14,572 14,572 

003 AERIAL COMMON SENSOR (ACS) (MIP) ...................................... 539,574 0 

Early to Need ............................................................................... [–433,574 ] 

Program Decrease ........................................................................ [–106,000 ] 

004 MQ–1 UAV .......................................................................................... 658,798 0 

Transfer to OCO .......................................................................... [–550,798 ] 

Unjustified production ramp ...................................................... [–108,000 ] 

005 RQ–11 (RAVEN) ................................................................................. 70,762 70,762 

ROTARY 

007 HELICOPTER, LIGHT UTILITY (LUH) .......................................... 250,415 250,415 

009 AH–64 APACHE BLOCK IIIA REMAN ........................................... 411,005 368,505 

Army offered program reduction ................................................ [–42,500 ] 

010 Advance Procurement (CY) ............................................................ 192,764 192,764 

011 Advance Procurement (CY) ............................................................ 104,263 104,263 

012 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 1,325,666 1,317,666 

Unjustified program management growth ................................ [–8,000 ] 

013 Advance Procurement (CY) ............................................................ 199,781 199,781 

014 CH–47 HELICOPTER ........................................................................ 1,305,360 1,239,360 

Army requested transfer to APA Line 15 for correct execution [–66,000 ] 

015 Advance Procurement (CY) ............................................................ 54,956 120,956 

Army requested transfer from APA Line 14 for correct execution.[66,000 ] 

MODIFICATION OF AIRCRAFT 

019 MQ–1 PAYLOAD—UAS ..................................................................... 136,183 0 

Transfer to OCO .......................................................................... [–136,183 ] 

021 GUARDRAIL MODS (MIP) ............................................................... 27,575 27,575 

022 MULTI SENSOR ABN RECON (MIP) ............................................. 8,362 8,362 

023 AH–64 MODS ..................................................................................... 331,230 331,230 

024 CH–47 CARGO HELICOPTER MODS (MYP) ................................. 79,712 57,012 

Cargo and ballistic protection contract delays .......................... [–22,700 ] 

025 UTILITY/CARGO AIRPLANE MODS .............................................. 22,107 12,107 

Contract delays ............................................................................ [–10,000 ] 

027 UTILITY HELICOPTER MODS ....................................................... 80,745 74,745 

Contract delays ............................................................................ [–6,000 ] 

028 KIOWA WARRIOR ............................................................................. 162,052 92,552 

Cockpit and Sensor Upgrade Program ahead of need .............. [–69,500 ] 

030 NETWORK AND MISSION PLAN ................................................... 138,832 136,432 

Aviation Data Exploitation Capability ahead of need .............. [–2,400 ] 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1719 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

031 COMMS, NAV SURVEILLANCE ...................................................... 132,855 117,855 

JTRS Integration ahead of need ................................................ [–15,000 ] 

032 GATM ROLLUP .................................................................................. 105,519 105,519 

033 RQ–7 UAV MODS .............................................................................. 126,239 76,239 

Administration recommendation ................................................ [–50,000 ] 

GROUND SUPPORT AVIONICS 

035 AIRCRAFT SURVIVABILITY EQUIPMENT .................................. 35,993 35,993 

037 CMWS .................................................................................................. 162,811 104,251 

Production and installation contract delays .............................. [–58,560 ] 

OTHER SUPPORT 

038 AVIONICS SUPPORT EQUIPMENT ............................................... 4,840 4,840 

039 COMMON GROUND EQUIPMENT ................................................. 176,212 114,517 

Aviation Light Utility Mobile Maintenance (ALUMMC) no 

longer required.

[–3,287 ] 

Aviation Sets, Kits, Outfits, Tools contract delay ..................... [–58,408 ] 

040 AIRCREW INTEGRATED SYSTEMS .............................................. 82,883 62,746 

Air Soldier System early to need ............................................... [–20,137 ] 

041 AIR TRAFFIC CONTROL ................................................................. 114,844 114,844 

042 INDUSTRIAL FACILITIES ............................................................... 1,593 1,593 

043 LAUNCHER, 2.75 ROCKET .............................................................. 2,878 2,878 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 7,061,381 5,360,334 

MISSILE PROCUREMENT, ARMY 

SURFACE-TO-AIR MISSILE SYSTEM 

001 PATRIOT SYSTEM SUMMARY ....................................................... 662,231 662,231 

002 MSE MISSILE/PAC–3 ........................................................................ 74,953 74,953 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ............................................................. 1,410 1,410 

ANTI-TANK/ASSAULT MISSILE SYS 

005 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................... 160,767 160,767 

006 TOW 2 SYSTEM SUMMARY ............................................................ 61,676 58,676 

Unit cost efficiencies .................................................................... [–3,000 ] 

007 Advance Procurement (CY) ............................................................ 19,886 19,886 

009 GUIDED MLRS ROCKET (GMLRS) ................................................ 314,167 314,167 

010 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) .......... 18,175 18,175 

011 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ..... 31,674 31,674 

MODIFICATIONS 

012 PATRIOT MODS ................................................................................ 66,925 66,925 

013 STINGER MODS ................................................................................ 14,495 0 

Procurement early to need .......................................................... [–4,495 ] 

Transfer at Army request to RDTE Army PE 23801A ......... [–10,000 ] 

014 ITAS/TOW MODS ............................................................................... 13,577 13,577 

015 MLRS MODS ...................................................................................... 8,236 8,236 

016 HIMARS MODIFICATIONS .............................................................. 11,670 11,670 

SPARES AND REPAIR PARTS 

018 SPARES AND REPAIR PARTS ........................................................ 8,700 8,700 

SUPPORT EQUIPMENT & FACILITIES 

019 AIR DEFENSE TARGETS ................................................................. 3,674 3,674 

020 ITEMS LESS THAN $5.0M (MISSILES) ......................................... 1,459 1,459 

021 PRODUCTION BASE SUPPORT ...................................................... 5,043 5,043 

TOTAL MISSILE PROCUREMENT, ARMY .................... 1,478,718 1,461,223 

PROCUREMENT OF W&TCV, ARMY 

TRACKED COMBAT VEHICLES 

001 STRYKER VEHICLE ......................................................................... 632,994 606,894 

Prior year unobligated funds available ...................................... [–26,100 ] 

MODIFICATION OF TRACKED COMBAT VEHICLES 

005 STRYKER (MOD) ............................................................................... 52,797 51,497 

Excess program management ..................................................... [–1,300 ] 

006 FIST VEHICLE (MOD) ...................................................................... 43,962 35,082 

Funding ahead of need ................................................................ [–8,880 ] 

007 BRADLEY PROGRAM (MOD) .......................................................... 250,710 250,710 

008 HOWITZER, MED SP FT 155MM M109A6 (MOD) ........................ 46,876 46,876 

009 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ........... 10,452 7,452 

Excess contractor engineering .................................................... [–3,000 ] 

010 ASSAULT BREACHER VEHICLE ................................................... 99,904 97,004 

Unjustified growth in matrix support and engineering change 

proposals.

[–2,900 ] 


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125 STAT. 1720 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

011 M88 FOV MODS ................................................................................. 32,483 32,483 

013 M1 ABRAMS TANK (MOD) .............................................................. 160,578 131,178 

Unjustified technical support costs ............................................ [–29,400 ] 

014 ABRAMS UPGRADE PROGRAM ..................................................... 181,329 436,329 

Program increase to add 49 tanks to bridge production gap ... [255,000 ] 

SUPPORT EQUIPMENT & FACILITIES 

015 PRODUCTION BASE SUPPORT (TCV-WTCV) .............................. 1,073 1,073 

WEAPONS & OTHER COMBAT VEHICLES 

017 INTEGRATED AIR BURST WEAPON SYSTEM FAMILY ............ 16,046 0 

Transfer at Army’s request to RDTE, Army PE 64601A ......... [–16,046 ] 

019 MACHINE GUN, CAL .50 M2 ROLL ............................................... 65,102 0 

Transfer at Army request to WTCV line 34 .............................. [–34,000 ] 

Transfer to OCO .......................................................................... [–31,102 ] 

020 LIGHTWEIGHT .50 CALIBER MACHINE GUN ............................ 28,796 13,930 

Army revised lower quantity ...................................................... [–13,166 ] 

Transfer at Army request to RDTE Army PE 64601A ......... [–1,700 ] 

023 MORTAR SYSTEMS .......................................................................... 12,477 10,177 

Excess production engineering ................................................... [–2,300 ] 

025 XM320 GRENADE LAUNCHER MODULE (GLM) ........................ 12,055 12,055 

027 M4 CARBINE ...................................................................................... 35,015 35,015 

028 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) .............. 6,707 6,707 

031 HOWITZER LT WT 155MM (T) ........................................................ 13,066 13,066 

MOD OF WEAPONS AND OTHER COMBAT VEH 

033 M4 CARBINE MODS ......................................................................... 25,092 25,092 

034 M2 50 CAL MACHINE GUN MODS ................................................ 14,856 48,856 

Transfer at Army request from WTCV line 19 ......................... [34,000 ] 

035 M249 SAW MACHINE GUN MODS ................................................ 8,480 8,480 

036 M240 MEDIUM MACHINE GUN MODS ........................................ 15,718 15,718 

037 SNIPER RIFLES MODIFICATIONS ................................................ 1,994 1,994 

038 M119 MODIFICATIONS .................................................................... 38,701 38,701 

039 M16 RIFLE MODS ............................................................................. 3,476 3,476 

041 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) ................ 2,973 2,973 

SUPPORT EQUIPMENT & FACILITIES 

043 PRODUCTION BASE SUPPORT (WOCV-WTCV) .......................... 10,080 10,080 

044 INDUSTRIAL PREPAREDNESS ...................................................... 424 424 

045 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) .................. 2,453 2,453 

SPARES 

046 SPARES AND REPAIR PARTS (WTCV) .......................................... 106,843 106,843 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 1,933,512 2,052,618 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................... 210,758 210,758 

002 CTG, 7.62MM, ALL TYPES ............................................................... 83,730 83,730 

004 CTG, HANDGUN, ALL TYPES ......................................................... 9,064 7,064 

Funding ahead of need ................................................................ [–2,000 ] 

005 CTG, .50 CAL, ALL TYPES ............................................................... 131,775 131,775 

007 CTG, 25MM, ALL TYPES .................................................................. 14,894 13,694 

Prior year funds available .......................................................... [–1,200 ] 

008 OBJECTIVE FAMILY OF WEAPONS AMMUNITION, ALL T .... 3,399 0 

Funding ahead of need ................................................................ [–3,399 ] 

009 CTG, 30MM, ALL TYPES .................................................................. 118,966 105,966 

Program growth adjustment ....................................................... [–13,000 ] 

010 CTG, 40MM, ALL TYPES .................................................................. 84,799 82,599 

Excess production engineering ................................................... [–2,200 ] 

MORTAR AMMUNITION 

012 60MM MORTAR, ALL TYPES .......................................................... 31,287 31,287 

013 81MM MORTAR, ALL TYPES .......................................................... 12,187 12,187 

014 120MM MORTAR, ALL TYPES ........................................................ 108,416 106,916 

Excess production engineering ................................................... [–1,500 ] 

TANK AMMUNITION 

015 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES .......... 105,704 65,205 

Pricing adjustment ...................................................................... [–40,000 ] 

Unjustified request ...................................................................... [–499 ] 

ARTILLERY AMMUNITION 

017 ARTILLERY CARTRIDGES, 75MM AND 105MM, ALL TYP ....... 103,227 103,227 

019 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 32,887 32,887 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1721 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

020 PROJ 155MM EXTENDED RANGE XM982 ................................... 69,074 58,074 

Program restructure .................................................................... [–11,000 ] 

021 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL ....... 48,205 46,705 

Pricing adjustment ...................................................................... [–1,500 ] 

MINES 

023 MINES & CLEARING CHARGES, ALL TYPES ............................. 2,518 2,518 

NETWORKED MUNITIONS 

025 SPIDER NETWORK MUNITIONS, ALL TYPES ............................ 43,123 43,123 

ROCKETS 

027 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 19,254 17,854 

Excess production engineering ................................................... [–1,400 ] 

028 ROCKET, HYDRA 70, ALL TYPES .................................................. 127,265 123,865 

Excess production engineering ................................................... [–3,400 ] 

OTHER AMMUNITION 

029 DEMOLITION MUNITIONS, ALL TYPES ...................................... 53,685 38,685 

Program growth adjustment ....................................................... [–15,000 ] 

030 GRENADES, ALL TYPES ................................................................. 42,558 42,558 

031 SIGNALS, ALL TYPES ...................................................................... 26,173 26,173 

032 SIMULATORS, ALL TYPES ............................................................. 14,108 14,108 

033 ALL OTHER (AMMO) ........................................................................ 50 50 

MISCELLANEOUS 

034 AMMO COMPONENTS, ALL TYPES .............................................. 18,296 18,296 

035 NON-LETHAL AMMUNITION, ALL TYPES .................................. 14,864 14,864 

036 CAD/PAD ALL TYPES ....................................................................... 5,449 5,449 

037 ITEMS LESS THAN $5 MILLION ................................................... 11,009 11,009 

038 AMMUNITION PECULIAR EQUIPMENT ...................................... 24,200 24,200 

039 FIRST DESTINATION TRANSPORTATION (AMMO) .................. 13,711 13,711 

040 CLOSEOUT LIABILITIES ................................................................ 103 0 

Prior year funds available .......................................................... [–103 ] 

PRODUCTION BASE SUPPORT 

041 PROVISION OF INDUSTRIAL FACILITIES .................................. 199,841 199,841 

042 LAYAWAY OF INDUSTRIAL FACILITIES .................................... 9,451 9,451 

043 MAINTENANCE OF INACTIVE FACILITIES ............................... 5,533 5,533 

044 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ...... 189,789 177,789 

Contract award delay .................................................................. [–12,000 ] 

045 ARMS INITIATIVE ............................................................................ 3,273 3,273 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 1,992,625 1,884,424 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

002 SEMITRAILERS, FLATBED: ............................................................ 13,496 596 

Early to need ................................................................................ [–12,900 ] 

005 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 432,936 422,936 

Unjustified program management cost growth ......................... [–10,000 ] 

006 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............ 21,930 21,930 

007 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 627,294 597,794 

Exceeds annual manufacturing capability ................................ [–27,000 ] 

Excessive program management and engineering change orders.[–2,500 ] 

008 PLS ESP .............................................................................................. 251,667 251,667 

010 MINE PROTECTION VEHICLE FAMILY ...................................... 56,671 56,671 

012 TRUCK, TRACTOR, LINE HAUL, M915/M916 .............................. 1,461 0 

Prior year unobligated funds available ...................................... [–1,461 ] 

013 HVY EZPANDED MOBILE TACTICAL TRUCK EXT SERV ........ 156,747 156,747 

014 HMMWV RECAPITALIZATION PROGRAM .................................. 161,631 4,313 

Funding provided in approved prior year reprogramming action.[–157,318 ] 

015 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 39,908 39,908 

016 MODIFICATION OF IN SVC EQUIP .............................................. 362,672 344,772 

Excessive program support costs ............................................... [–14,000 ] 

HMMWV installation early to need ........................................... [–3,900 ] 

017 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ....... 142,862 127,862 

Excessive program support costs ............................................... [–15,000 ] 

020 AMC CRITICAL ITEMS, OPA1 ........................................................ 20,156 0 

Unjustified request ...................................................................... [–20,156 ] 

NON-TACTICAL VEHICLES 

021 HEAVY ARMORED SEDAN ............................................................. 1,161 1,161 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1722 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

022 PASSENGER CARRYING VEHICLES ............................................ 3,222 3,222 

023 NONTACTICAL VEHICLES, OTHER ............................................. 19,869 19,869 

COMM—JOINT COMMUNICATIONS 

024 JOINT COMBAT IDENTIFICATION MARKING SYSTEM .......... 9,984 9,984 

025 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 974,186 865,186 

Increment 2 contract delay ......................................................... [–109,000 ] 

026 JCSE EQUIPMENT (USREDCOM) .................................................. 4,826 4,826 

COMM—SATELLITE COMMUNICATIONS 

028 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS ....... 123,859 123,859 

029 SHF TERM .......................................................................................... 8,910 8,249 

Full funding for engineering change proposals in prior years [–661 ] 

031 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ............... 29,568 26,368 

Fielding cost growth .................................................................... [–3,200 ] 

032 SMART-T (SPACE) ............................................................................. 49,704 49,704 

033 SCAMP (SPACE) ................................................................................ 2,415 2,415 

034 GLOBAL BRDCST SVC—GBS .......................................................... 73,374 64,774 

Excessive unit cost growth ......................................................... [–8,600 ] 

035 MOD OF IN-SVC EQUIP (TAC SAT) ............................................... 31,799 31,799 

COMM—COMBAT SUPPORT COMM 

036 MOD-IN-SERVICE PROFILER ......................................................... 969 969 

COMM—C3 SYSTEM 

037 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ....................... 18,788 18,788 

COMM—COMBAT COMMUNICATIONS 

038 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ............. 3,994 3,994 

039 JOINT TACTICAL RADIO SYSTEM ................................................ 775,832 427,099 

Airborne, Maritime, Fixed Station program delay ................... [–106,000 ] 

Army requested transfer to RDTE Navy line 100 .................... [–51,000 ] 

Ground Mobile Radio program restructure ............................... [–153,833 ] 

Program Decrease - Maritime/Fixed Station ............................. [–37,900 ] 

040 RADIO TERMINAL SET, MIDS LVT(2) .......................................... 8,336 8,336 

041 SINCGARS FAMILY .......................................................................... 4,992 500 

Prior year unobligated funds available ...................................... [–4,492 ] 

043 TRACTOR DESK ................................................................................ 10,827 10,827 

045 SPIDER APLA REMOTE CONTROL UNIT .................................... 36,224 36,224 

047 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 1,843 1,843 

049 GUNSHOT DETECTION SYSTEM (GDS) ...................................... 3,939 1,000 

Early to need ................................................................................ [–2,939 ] 

050 RADIO, IMPROVED HF (COTS) FAMILY ...................................... 38,535 38,535 

051 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ................ 26,232 26,232 

COMM—INTELLIGENCE COMM 

053 CI AUTOMATION ARCHITECTURE .............................................. 1,547 1,547 

054 CIVIL AFFAIRS/INFO OPS .............................................................. 28,266 28,266 

INFORMATION SECURITY 

055 TSEC—ARMY KEY MGT SYS (AKMS) ........................................... 12,541 12,541 

056 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 39,349 37,022 

Army requested transfer to line 56a .......................................... [–2,327 ] 

056A FAMILY OF BIOMETRICS ............................................................... 2,327 

Army requested transfer from line 56 ....................................... [2,327 ] 

COMM—LONG HAUL COMMUNICATIONS 

057 TERRESTRIAL TRANSMISSION .................................................... 2,232 2,232 

058 BASE SUPPORT COMMUNICATIONS ........................................... 37,780 37,780 

059 WW TECH CON IMP PROG (WWTCIP) ......................................... 12,805 12,805 

COMM—BASE COMMUNICATIONS 

060 INFORMATION SYSTEMS ............................................................... 187,227 131,227 

Prior year unobligated funds available ...................................... [–56,000 ] 

061 DEFENSE MESSAGE SYSTEM (DMS) ........................................... 4,393 4,393 

062 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .. 310,761 310,761 

063 PENTAGON INFORMATION MGT AND TELECOM .................... 4,992 4,992 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

066 JTT/CIBS-M ........................................................................................ 4,657 4,657 

067 PROPHET GROUND ......................................................................... 72,041 72,041 

070 DCGS-A (MIP) .................................................................................... 144,548 124,548 

Unjustified growth ....................................................................... [–20,000 ] 

071 JOINT TACTICAL GROUND STATION (JTAGS) .......................... 1,199 1,199 

072 TROJAN (MIP) ................................................................................... 32,707 32,707 

073 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) ................................ 9,163 9,163 

074 CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP ....... 3,493 3,493 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1723 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

075 ITEMS LESS THAN $5.0M (MIP) .................................................... 802 802 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 33,810 33,810 

077 CREW .................................................................................................. 24,104 0 

Requirement met with prior year funds .................................... [–24,104 ] 

080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 1,252 1,252 

081 CI MODERNIZATION ....................................................................... 1,332 1,332 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

082 FAAD GBS .......................................................................................... 7,958 3,958 

Violates full funding .................................................................... [–4,000 ] 

083 SENTINEL MODS ............................................................................. 41,657 41,657 

084 SENSE THROUGH THE WALL (STTW) ......................................... 47,498 47,498 

085 NIGHT VISION DEVICES ................................................................ 156,204 156,204 

086 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM 102,334 102,334 

087 NIGHT VISION, THERMAL WPN SIGHT ...................................... 186,859 186,859 

088 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ............. 10,227 10,227 

090 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ............ 15,774 15,774 

092 GREEN LASER INTERDICTION SYSTEM .................................... 25,356 25,356 

095 PROFILER .......................................................................................... 3,312 3,312 

096 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...................... 3,005 3,005 

098 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 69,514 69,514 

099 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER ............ 58,042 58,042 

101 MORTAR FIRE CONTROL SYSTEM .............................................. 21,022 17,022 

Unjustified request ...................................................................... [–4,000 ] 

102 COUNTERFIRE RADARS ................................................................. 227,629 227,629 

103 ARMS CONTROL ENHANCED SENSOR & MONITORING SYSTEM.2,226 2,226 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

104 TACTICAL OPERATIONS CENTERS ............................................. 54,907 54,907 

105 FIRE SUPPORT C2 FAMILY ............................................................ 54,223 54,223 

106 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC 12,454 12,454 

107 FAAD C2 ............................................................................................. 5,030 5,030 

108 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 62,710 62,710 

109 KNIGHT FAMILY .............................................................................. 51,488 46,488 

Program growth adjustment ....................................................... [–5,000 ] 

110 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................ 1,807 1,807 

111 AUTOMATIC IDENTIFICATION TECHNOLOGY ......................... 28,924 27,324 

Unjustified request ...................................................................... [–1,600 ] 

115 MANEUVER CONTROL SYSTEM (MCS) ....................................... 34,031 34,031 

116 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...................... 210,312 124,026 

Army identified excess ................................................................ [–15,000 ] 

Army requested transfer to OMA Budget Activity 04 .............. [–9,251 ] 

Army requested transfer to OPA line 119 ................................. [–1,795 ] 

Army requested transfer to RDTE Army line 177 .................... [–60,240 ] 

117 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ..... 19,113 19,113 

ELECT EQUIP—AUTOMATION 

119 GENERAL FUND ENTERPRISE BUSINESS SYSTEM ................ 23,664 25,459 

Army requested transfer from OPA line 116 ............................ [1,795 ] 

120 ARMY TRAINING MODERNIZATION ............................................ 11,192 11,192 

121 AUTOMATED DATA PROCESSING EQUIP .................................. 220,250 174,772 

Army identified excess ................................................................ [–10,478 ] 

Prior year unobligated funds available ...................................... [–35,000 ] 

122 CSS COMMUNICATIONS ................................................................. 39,310 39,310 

123 RESERVE COMPONENT AUTOMATION SYS (RCAS) ................ 41,248 41,248 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

124 ITEMS LESS THAN $5.0M (A/V) ..................................................... 10,437 10,437 

125 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ............... 7,480 4,395 

Excessive design engineering costs ............................................ [–3,085 ] 

ELECT EQUIP—SUPPORT 

126 PRODUCTION BASE SUPPORT (C-E) ............................................ 571 571 

127 BCT NETWORK ................................................................................. 0 

CLASSIFIED PROGRAMS 

UNDISTRIBUTED 

127A CLASSIFIED PROGRAMS ................................................................ 4,273 4,273 

127U UNDISTRIBUTED OPA2 .................................................................. 0 

CHEMICAL DEFENSIVE EQUIPMENT 

129 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 8,636 5,213 


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125 STAT. 1724 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

Accoustic hailing device contract delay ..................................... [–3,423 ] 

130 BASE DEFENSE SYSTEMS (BDS) .................................................. 41,204 41,204 

131 CBRN SOLDIER PROTECTION ...................................................... 10,700 10,700 

132 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ........ 362 362 

BRIDGING EQUIPMENT 

133 TACTICAL BRIDGING ...................................................................... 77,428 77,428 

134 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 49,154 45,454 

Excessive program support cost growth .................................... [–3,700 ] 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

135 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 39,263 39,263 

136 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) .......... 20,678 20,678 

137 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 30,297 22,297 

M160 incremental funding .......................................................... [–8,000 ] 

138 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ... 17,626 17,626 

139 REMOTE DEMOLITION SYSTEMS ................................................ 14,672 14,672 

140 $5M, COUNTERMINE EQUIPMENT .............................................. 7,352 7,352 

COMBAT SERVICE SUPPORT EQUIPMENT 

142 HEATERS AND ECU’S ...................................................................... 10,109 10,109 

144 SOLDIER ENHANCEMENT ............................................................. 9,591 9,591 

146 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ............... 8,509 8,509 

147 GROUND SOLDIER SYSTEM .......................................................... 184,072 63,500 

Army requested transfer to RDTE Army line 119 .................... [–13,100 ] 

Program delay .............................................................................. [–107,472 ] 

148 MOUNTED SOLDIER SYSTEM ....................................................... 43,419 5,000 

Army offered program reduction ................................................ [–38,419 ] 

150 FIELD FEEDING EQUIPMENT ...................................................... 26,860 26,860 

151 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 68,392 68,392 

152 MOBILE INTEGRATED REMAINS COLLECTION SYSTEM: ..... 7,384 7,384 

153 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS ...... 54,190 54,190 

154 ITEMS LESS THAN $5M (ENG SPT) .............................................. 12,482 12,482 

PETROLEUM EQUIPMENT 

156 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................. 75,457 75,457 

MEDICAL EQUIPMENT 

158 COMBAT SUPPORT MEDICAL ....................................................... 53,450 53,450 

MAINTENANCE EQUIPMENT 

159 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 16,572 16,572 

160 ITEMS LESS THAN $5.0M (MAINT EQ) ........................................ 3,852 3,852 

CONSTRUCTION EQUIPMENT 

161 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ...................................... 2,201 2,201 

162 SKID STEER LOADER (SSL) FAMILY OF SYSTEM .................... 8,584 3,984 

Excessive unit cost and program support cost growth ............. [–4,600 ] 

163 SCRAPERS, EARTHMOVING .......................................................... 21,031 21,031 

164 MISSION MODULES - ENGINEERING ......................................... 43,432 43,432 

165 COMPACTOR ..................................................................................... 2,859 2,859 

168 TRACTOR, FULL TRACKED ............................................................ 59,534 50,434 

Unjustified program support cost growth .................................. [–9,100 ] 

169 PLANT, ASPHALT MIXING ............................................................. 8,314 614 

Prior year unobligated funds available ...................................... [–7,700 ] 

170 HIGH MOBILITY ENGINEER EXCAVATOR TYPE - FOS ........... 18,974 18,974 

171 ENHANCED RAPID AIRFIELD CONSTRUCTION CAPA ............ 15,833 0 

Unexecutable acquisition strategy ............................................. [–15,833 ] 

172 CONST EQUIP ESP ........................................................................... 9,771 9,771 

173 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................. 12,654 12,654 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

174 JOINT HIGH SPEED VESSEL (JHSV) ........................................... 223,845 0 

Army requested transfer to SC,N line 17 .................................. [–187,226 ] 

Excess to need .............................................................................. [–36,619 ] 

176 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ..................................... 10,175 10,175 

GENERATORS 

177 GENERATORS AND ASSOCIATED EQUIP ................................... 31,897 31,897 

MATERIAL HANDLING EQUIPMENT 

179 FAMILY OF FORKLIFTS .................................................................. 10,944 10,944 

180 ALL TERRAIN LIFTING ARMY SYSTEM ...................................... 21,859 21,859 

TRAINING EQUIPMENT 

181 COMBAT TRAINING CENTERS SUPPORT ................................... 133,178 46,117 

Army offered program reduction ................................................ [–87,061 ] 

182 TRAINING DEVICES, NONSYSTEM .............................................. 168,392 168,392 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1725 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

183 CLOSE COMBAT TACTICAL TRAINER ......................................... 17,760 13,290 

Prior year unobligated funds available ...................................... [–4,470 ] 

184 AVIATION COMBINED ARMS TACTICAL TRAINER .................. 9,413 9,413 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

186 CALIBRATION SETS EQUIPMENT ................................................ 13,618 13,618 

187 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) .............. 49,437 36,937 

Prior year unobligated funds available ...................................... [–12,500 ] 

188 TEST EQUIPMENT MODERNIZATION (TEMOD) ....................... 30,451 30,451 

OTHER SUPPORT EQUIPMENT 

189 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 4,923 4,923 

190 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 69,316 19,606 

Prior year unobligated funds available ...................................... [–49,710 ] 

191 BASE LEVEL COMMON EQUIPMENT .......................................... 1,591 1,591 

192 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) .................... 72,271 72,271 

193 PRODUCTION BASE SUPPORT (OTH) .......................................... 2,325 2,325 

194 SPECIAL EQUIPMENT FOR USER TESTING .............................. 17,411 17,411 

195 AMC CRITICAL ITEMS OPA3 ......................................................... 34,500 34,500 

196 TRACTOR YARD ................................................................................ 3,740 3,740 

197 BCT UNMANNED GROUND VEHICLE ......................................... 24,805 24,805 

198 BCT TRAINING/LOGISTICS/MANAGEMENT ............................... 149,308 26,008 

Program cancelation .................................................................... [–123,300 ] 

199 BCT TRAINING/LOGISTICS/MANAGEMENT INC 2 ................... 57,103 0 

Program cancelation .................................................................... [–57,103 ] 

200 BCT UNMANNED GROUND VEHICLE INC 2 .............................. 11,924 0 

Program cancelation .................................................................... [–11,924 ] 

OPA2 

201 INITIAL SPARES - C&E ................................................................... 21,647 21,647 

TOTAL OTHER PROCUREMENT, ARMY ...................... 9,682,592 7,911,714 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ..................................................................................... 220,634 0 

Transfer to OCO: JIEDDO Operations ...................................... [–220,634 ] 

TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT 

FUND.

220,634 0 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 EA–18G ................................................................................................ 1,079,364 994,596 

Avionics PGSE cost growth ........................................................ [–36,000 ] 

CFE Electronics cost growth ...................................................... [–26,600 ] 

Engine cost growth ...................................................................... [–9,168 ] 

Other ILS cost growth ................................................................. [–6,000 ] 

Reduce Engineering Change Orders (ECO) to fiscal year 2010 

levels.

[–7,000 ] 

002 Advance Procurement (CY) ............................................................ 28,119 28,119 

003 F/A–18E/F (FIGHTER) HORNET ..................................................... 2,366,752 2,240,184 

Armament cost growth ................................................................ [–2,548 ] 

CFE Electronics cost growth ...................................................... [–15,540 ] 

ECO excess ................................................................................... [–21,000 ] 

Engine cost growth ...................................................................... [–15,000 ] 

Government furnished equipment engine cost growth ............ [–4,480 ] 

Multi-year procurement savings ................................................ [–68,000 ] 

004 Advance Procurement (CY) ............................................................ 64,962 63,262 

Airframe termination liability growth ....................................... [–1,700 ] 

005 JOINT STRIKE FIGHTER CV .......................................................... 1,503,096 1,448,096 

Engineering change order carryover .......................................... [–20,000 ] 

Logistic support growth .............................................................. [–5,000 ] 

Peculiar ground support equipment growth .............................. [–30,000 ] 

006 Advance Procurement (CY) ............................................................ 217,666 109,066 

Reduce advance procurement ..................................................... [–108,600 ] 

007 JSF STOVL ......................................................................................... 1,141,933 1,141,933 

008 Advance Procurement (CY) ............................................................ 117,229 117,229 

009 V–22 (MEDIUM LIFT) ....................................................................... 2,224,817 2,199,317 

Reduce ECO ................................................................................. [–10,500 ] 

Support funding carryover .......................................................... [–15,000 ] 

010 Advance Procurement (CY) ............................................................ 84,008 63,768 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1726 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

Advance procurement equipment cost growth .......................... [–20,240 ] 

011 UH–1Y/AH–1Z .................................................................................... 700,306 652,561 

AH–1Z (new build) GFE Electronics cost growth ..................... [–2,345 ] 

AH–1Z (remanufacture) airframe cost growth .......................... [–9,400 ] 

Reduce ECO ................................................................................. [–6,000 ] 

Unjustified support increase ....................................................... [–30,000 ] 

012 Advance Procurement (CY) ............................................................ 68,310 56,750 

Excess advance procurement ...................................................... [–11,560 ] 

013 MH–60S (MYP) ................................................................................... 408,921 400,621 

Support funding carryover .......................................................... [–8,300 ] 

014 Advance Procurement (CY) ............................................................ 74,040 74,040 

015 MH–60R ............................................................................................... 791,025 775,525 

Reduce ECO ................................................................................. [–4,200 ] 

Support funding carryover .......................................................... [–11,300 ] 

016 Advance Procurement (CY) ............................................................ 209,431 209,431 

017 P–8A POSEIDON ............................................................................... 2,018,851 2,008,851 

Support funding increase ............................................................ [–10,000 ] 

018 Advance Procurement (CY) ............................................................ 256,594 244,894 

Excess advance procurement ...................................................... [–11,700 ] 

019 E–2D ADV HAWKEYE ...................................................................... 914,892 886,892 

Excess funding reserve ................................................................ [–20,000 ] 

Support funding carryover .......................................................... [–8,000 ] 

020 Advance Procurement (CY) ............................................................ 157,942 157,942 

TRAINER AIRCRAFT 

022 JPATS .................................................................................................. 266,906 256,906 

Excess ECO .................................................................................. [–10,000 ] 

OTHER AIRCRAFT 

024 KC–130J .............................................................................................. 87,288 87,288 

026 MQ–8 UAV .......................................................................................... 191,986 191,986 

027 STUASL0 UAV ................................................................................... 12,772 0 

Low rate initial production contract award slip ....................... [–12,772 ] 

MODIFICATION OF AIRCRAFT 

029 EA–6 SERIES ..................................................................................... 27,734 27,734 

030 AEA SYSTEMS ................................................................................... 34,065 31,765 

Air launched decoy jammer ........................................................ [–2,300 ] 

031 AV–8 SERIES ..................................................................................... 30,762 29,162 

Non-recurring installation funding unjustified increase .......... [–1,600 ] 

032 F–18 SERIES ...................................................................................... 499,597 425,167 

ECP 904 Part 1 cost growth ....................................................... [–6,930 ] 

ECP 904 Part 1 procurement ahead of need ............................. [–16,500 ] 

Integrated Logistics Support excess to need ............................. [–20,900 ] 

OSIP 001–10 ANAV installation kits cost growth .................... [–1,000 ] 

OSIP 011–84 installation funds savings .................................... [–9,300 ] 

OSIP 11–99 installation funding ahead of need ....................... [–7,000 ] 

Other support growth .................................................................. [–12,800 ] 

033 H–46 SERIES ...................................................................................... 27,112 24,612 

Unjustified Request ..................................................................... [–2,500 ] 

034 AH–1W SERIES ................................................................................. 15,828 15,828 

035 H–53 SERIES ...................................................................................... 62,820 60,320 

DIRCM Other support excess ..................................................... [–1,000 ] 

Kapton wiring installation kit cost growth ............................... [–1,500 ] 

036 SH–60 SERIES ................................................................................... 83,394 83,394 

037 H–1 SERIES ........................................................................................ 11,012 8,412 

Obsolescence install unjustified growth .................................... [–2,600 ] 

038 EP–3 SERIES ...................................................................................... 83,181 73,681 

Obsolescence ECP installation funding growth ........................ [–2,700 ] 

OSIP 11–01 JMOD obsolescence carryover ............................... [–5,100 ] 

Other support growth .................................................................. [–1,700 ] 

039 P–3 SERIES ........................................................................................ 171,466 170,466 

HFIP modification kit procurement ahead of need .................. [–1,000 ] 

040 E–2 SERIES ........................................................................................ 29,215 29,215 

041 TRAINER A/C SERIES ...................................................................... 22,090 18,790 

Training equipment growth ........................................................ [–3,300 ] 

042 C–2A .................................................................................................... 16,302 16,302 

043 C–130 SERIES .................................................................................... 27,139 27,139 

044 FLEET EW .......................................................................................... 2,773 1,773 

Other support growth .................................................................. [–1,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1727 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

045 CARGO/TRANSPORT A/C SERIES .................................................. 16,463 16,463 

046 E–6 SERIES ........................................................................................ 165,253 148,053 

Block I install cost savings ......................................................... [–1,200 ] 

Block II FAB-T non-recurring engineering early to need ........ [–5,200 ] 

OSIP 008–10 support funding growth ....................................... [–2,000 ] 

OSIP 013–10 support funding growth ....................................... [–1,000 ] 

Service life extension program install early to need ................ [–7,800 ] 

047 EXECUTIVE HELICOPTERS SERIES ............................................ 58,011 77,511 

Navy requested transfer from RDT&E, Navy line 98, for VH– 

3/VH–60 sustainment.

[24,000 ] 

OSIP 009–02 excess installation funding .................................. [–4,500 ] 

048 SPECIAL PROJECT AIRCRAFT ...................................................... 12,248 11,048 

Install equipment nonrecurring unjustified growth ................. [–1,200 ] 

049 T–45 SERIES ...................................................................................... 57,779 45,779 

Avionics Obsolescence contract support growth ....................... [–6,000 ] 

Correction of Deficiencies contract support growth .................. [–6,000 ] 

050 AIRCRAFT POWER PLANT CHANGES ......................................... 21,847 21,847 

051 JPATS SERIES ................................................................................... 1,524 524 

Unobligated balances .................................................................. [–1,000 ] 

052 AVIATION LIFE SUPPORT MODS ................................................. 1,069 1,069 

053 COMMON ECM EQUIPMENT ......................................................... 92,072 63,772 

DIRCM A kit savings .................................................................. [–2,800 ] 

IDECM Block IV concurrency .................................................... [–25,500 ] 

054 COMMON AVIONICS CHANGES .................................................... 147,093 136,293 

CNS/ATM Other support growth ............................................... [–8,800 ] 

OSIP 01–02 other support growth ............................................. [–2,000 ] 

056 ID SYSTEMS ...................................................................................... 37,330 32,030 

Other support growth .................................................................. [–5,300 ] 

057 P–8 SERIES ........................................................................................ 2,930 0 

P–8 modifications ahead of need ................................................ [–2,930 ] 

058 MAGTF EW FOR AVIATION ............................................................ 489 489 

059 RQ–7 SERIES ..................................................................................... 11,419 0 

TCDL contract delay ................................................................... [–11,419 ] 

060 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 60,264 55,764 

Deficiencies modifications other support growth ...................... [–2,500 ] 

Reliability modifications other support growth ........................ [–2,000 ] 

AIRCRAFT SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS ........................................................ 1,331,961 1,163,294 

E–2D initial spares cost growth ................................................. [–8,700 ] 

F/A–18E/F initial spares cost growth ........................................ [–23,967 ] 

F–35 initial spares execution ...................................................... [–100,000 ] 

P–8A initial spares execution ..................................................... [–36,000 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ................................................. 351,685 363,685 

Transfer from PE 64273N (RDN 98) for VH–60 trainer .......... [12,000 ] 

063 AIRCRAFT INDUSTRIAL FACILITIES .......................................... 22,358 22,358 

064 WAR CONSUMABLES ...................................................................... 27,300 27,300 

065 OTHER PRODUCTION CHARGES .................................................. 10,124 10,124 

066 SPECIAL SUPPORT EQUIPMENT ................................................. 24,395 21,395 

Unjustified support increase ....................................................... [–3,000 ] 

067 FIRST DESTINATION TRANSPORTATION .................................. 1,719 1,719 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 18,587,033 17,673,534 

WEAPONS PROCUREMENT, NAVY 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS ............................................................................ 1,309,102 1,299,102 

Support funding carryover .......................................................... [–10,000 ] 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .............................................. 3,492 3,492 

STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................... 303,306 297,606 

Submarine capsules cost growth ................................................ [–5,700 ] 

TACTICAL MISSILES 

004 AMRAAM ............................................................................................ 188,494 105,119 

All Up Round Missile contract delay ......................................... [–83,375 ] 

005 SIDEWINDER .................................................................................... 47,098 42,198 

Excess Block II support .............................................................. [–4,900 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1728 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

006 JSOW ................................................................................................... 137,722 131,722 

All Up Round Missile cost growth ............................................. [–6,000 ] 

007 STANDARD MISSILE ....................................................................... 420,324 356,878 

Installation and check out funding growth ............................... [–1,900 ] 

Support funding growth .............................................................. [–3,500 ] 

Unit Cost efficiencies ................................................................... [–58,046 ] 

008 RAM ..................................................................................................... 66,197 66,197 

009 HELLFIRE .......................................................................................... 22,703 22,703 

011 AERIAL TARGETS ............................................................................ 46,359 46,359 

012 OTHER MISSILE SUPPORT ............................................................ 3,561 3,561 

MODIFICATION OF MISSILES 

013 ESSM ................................................................................................... 48,486 48,486 

014 HARM MODS ..................................................................................... 73,061 71,561 

Production support growth ......................................................... [–1,500 ] 

SUPPORT EQUIPMENT & FACILITIES 

016 WEAPONS INDUSTRIAL FACILITIES .......................................... 1,979 1,979 

017 FLEET SATELLITE COMM FOLLOW-ON ..................................... 238,215 238,215 

ORDNANCE SUPPORT EQUIPMENT 

019 ORDNANCE SUPPORT EQUIPMENT ............................................ 52,255 52,255 

TORPEDOES AND RELATED EQUIP 

020 ASW TARGETS .................................................................................. 31,803 31,803 

MOD OF TORPEDOES AND RELATED EQUIP 

021 MK–54 TORPEDO MODS ................................................................. 78,045 76,605 

MK–54 array cost growth ........................................................... [–1,440 ] 

022 MK–48 TORPEDO ADCAP MODS ................................................... 42,493 42,493 

023 QUICKSTRIKE MINE ....................................................................... 5,770 5,770 

023A UNDISTRIBUTED ............................................................................. 0 

SUPPORT EQUIPMENT 

024 TORPEDO SUPPORT EQUIPMENT ............................................... 43,003 43,003 

025 ASW RANGE SUPPORT ................................................................... 9,219 9,219 

DESTINATION TRANSPORTATION 

026 FIRST DESTINATION TRANSPORTATION .................................. 3,553 3,553 

GUNS AND GUN MOUNTS 

027 SMALL ARMS AND WEAPONS ....................................................... 15,037 15,037 

MODIFICATION OF GUNS AND GUN MOUNTS 

028 CIWS MODS ....................................................................................... 37,550 37,550 

029 COAST GUARD WEAPONS .............................................................. 17,525 9,179 

MK–110 57MM contract delay ................................................... [–8,346 ] 

030 GUN MOUNT MODS ......................................................................... 43,957 43,957 

032 CRUISER MODERNIZATION WEAPONS ...................................... 50,013 50,013 

033 AIRBORNE MINE NEUTRALIZATION SYSTEMS ....................... 12,203 12,203 

SPARES AND REPAIR PARTS 

035 SPARES AND REPAIR PARTS ........................................................ 55,953 49,614 

CIWS replenishment spares execution ...................................... [–6,339 ] 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 3,408,478 3,217,432 

SHIPBUILDING & CONVERSION, NAVY 

OTHER WARSHIPS 

002 CARRIER REPLACEMENT PROGRAM .......................................... 554,798 554,798 

003 VIRGINIA CLASS SUBMARINE ...................................................... 3,232,215 3,221,314 

Exterior Communications System other cost unjustfied 

growth.

[–1,000 ] 

Propulsor cost growth ................................................................. [–5,538 ] 

Sonar hardware pricing cost growth .......................................... [–4,363 ] 

004 VIRGINIA CLASS SUBMARINE ...................................................... 1,524,761 1,461,361 

Nuclear long lead CFE advance procurement cost growth ...... [–63,400 ] 

006 CVN REFUELING OVERHAULS .................................................... 529,652 529,652 

008 DDG 1000 ............................................................................................ 453,727 453,727 

009 DDG–51 ............................................................................................... 1,980,709 1,980,709 

010 Advance Procurement (CY) ............................................................ 100,723 100,723 

011 LITTORAL COMBAT SHIP ............................................................... 1,802,093 1,755,093 

Basic construction cost growth ................................................... [–47,000 ] 

AMPHIBIOUS SHIPS 

013 LPD–17 ................................................................................................ 1,847,444 1,837,444 

Excess ECO funding .................................................................... [–10,000 ] 

015 LHA REPLACEMENT ....................................................................... 2,018,691 1,999,191 

MK–12 IFF pricing ...................................................................... [–1,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1729 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

RAM logistics pricing .................................................................. [–5,500 ] 

SLQ–32(V)2 pricing ..................................................................... [–5,000 ] 

SPQ–9B radar pricing ................................................................. [–1,000 ] 

SPS–48 radar pricing .................................................................. [–2,000 ] 

SSDS support pricing .................................................................. [–5,000 ] 

017 JOINT HIGH SPEED VESSEL ......................................................... 185,106 372,332 

Transfer from OP,A line 174 per Army and Navy Memorandum of Agreement.[187,226 ] 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

018 OCEANOGRAPHIC SHIPS ............................................................... 89,000 89,000 

019 MOORED TRAINING SHIP .............................................................. 155,200 131,200 

Excess advance procurement ...................................................... [–24,000 ] 

020 OUTFITTING ...................................................................................... 292,871 270,639 

CVN–71 outfitting phasing ......................................................... [–5,000 ] 

DDG–1001 and 1002 outfitting phasing .................................... [–1,750 ] 

LCS–5 outfitting phasing ............................................................ [–2,000 ] 

LCS–6 outfitting phasing ............................................................ [–2,000 ] 

LCS–7 outfitting phasing ............................................................ [–782 ] 

SSN–782 post delivery phasing .................................................. [–4,700 ] 

SSN–785 outfitting phasing ....................................................... [–6,000 ] 

021 SERVICE CRAFT ............................................................................... 3,863 3,863 

022 LCAC SLEP ........................................................................................ 84,076 84,076 

023 COMPLETION OF PY SHIPBUILDING PROGRAMS ................... 73,992 73,992 

TOTAL SHIPBUILDING & CONVERSION, NAVY ........ 14,928,921 14,919,114 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ......................................................... 64,766 63,666 

BLU–109 cost growth .................................................................. [–1,100 ] 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 38,264 23,264 

MK–182 warhead exceeds production rate ................................ [–3,500 ] 

MK–66 rocket motor cost growth ............................................... [–10,500 ] 

Support funding carryover .......................................................... [–1,000 ] 

004 MACHINE GUN AMMUNITION ...................................................... 17,788 17,788 

005 PRACTICE BOMBS ........................................................................... 35,289 35,289 

006 CARTRIDGES & CART ACTUATED DEVICES ............................. 49,416 46,716 

Initiator and Impulse cartridge unit cost growth ..................... [–2,700 ] 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 60,677 60,677 

008 JATOS ................................................................................................. 2,766 2,766 

009 5 INCH/54 GUN AMMUNITION ...................................................... 19,006 10,901 

Excess prior year multi-option fuze support funding ............... [–7,105 ] 

Support funding carryover .......................................................... [–1,000 ] 

010 INTERMEDIATE CALIBER GUN AMMUNITION ........................ 19,320 1,112 

MK295 cartridge contract delay ................................................. [–18,208 ] 

011 OTHER SHIP GUN AMMUNITION ................................................ 21,938 19,018 

Production engineering growth .................................................. [–2,920 ] 

012 SMALL ARMS & LANDING PARTY AMMO .................................. 51,819 46,039 

A131 complete rounds cost growth ............................................ [–2,500 ] 

A576 LAP kit cost growth ........................................................... [–2,080 ] 

Production engineering growth .................................................. [–1,200 ] 

013 PYROTECHNIC AND DEMOLITION .............................................. 10,199 10,199 

014 AMMUNITION LESS THAN $5 MILLION ..................................... 4,107 4,107 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ......................................................... 58,812 58,812 

016 LINEAR CHARGES, ALL TYPES .................................................... 21,434 17,660 

M913 LAP kit contract delay ...................................................... [–3,774 ] 

017 40 MM, ALL TYPES ........................................................................... 84,864 80,664 

B542 LAP kit cost growth ........................................................... [–4,200 ] 

018 60MM, ALL TYPES ............................................................................ 937 937 

019 81MM, ALL TYPES ............................................................................ 26,324 18,100 

M913 LAP kit contract delay ...................................................... [–8,224 ] 

020 120MM, ALL TYPES .......................................................................... 9,387 9,387 

021 CTG 25MM, ALL TYPES ................................................................... 3,889 3,889 

022 GRENADES, ALL TYPES ................................................................. 13,452 13,452 

023 ROCKETS, ALL TYPES .................................................................... 15,556 12,463 

C995 late contract award ............................................................ [–3,093 ] 

024 ARTILLERY, ALL TYPES ................................................................. 42,526 22,526 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1730 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

TNT flake cost growth ................................................................. [–20,000 ] 

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 22,786 22,786 

026 FUZE, ALL TYPES ............................................................................ 9,266 9,266 

027 NON LETHALS .................................................................................. 2,927 2,927 

028 AMMO MODERNIZATION ............................................................... 8,557 8,557 

029 ITEMS LESS THAN $5 MILLION ................................................... 3,880 3,880 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 719,952 626,848 

OTHER PROCUREMENT, NAVY 

SHIP PROPULSION EQUIPMENT 

001 LM–2500 GAS TURBINE .................................................................. 13,794 13,794 

002 ALLISON 501K GAS TURBINE ....................................................... 8,643 8,643 

NAVIGATION EQUIPMENT 

003 OTHER NAVIGATION EQUIPMENT .............................................. 22,982 20,582 

ECDIS-N installation funding carryover ................................... [–1,000 ] 

Support funding carryover .......................................................... [–1,400 ] 

PERISCOPES 

004 SUB PERISCOPES & IMAGING EQUIP ........................................ 60,860 57,033 

ISIS capability insertion procurement ahead of need .............. [–3,827 ] 

OTHER SHIPBOARD EQUIPMENT 

005 DDG MOD ........................................................................................... 119,522 117,522 

Engineering services carryover .................................................. [–2,000 ] 

006 FIREFIGHTING EQUIPMENT ........................................................ 17,637 17,637 

007 COMMAND AND CONTROL SWITCHBOARD .............................. 3,049 3,049 

008 POLLUTION CONTROL EQUIPMENT ........................................... 22,266 22,266 

009 SUBMARINE SUPPORT EQUIPMENT .......................................... 15,892 14,122 

SSTG governor procurement ahead of need .............................. [–1,770 ] 

010 VIRGINIA CLASS SUPPORT EQUIPMENT ................................... 100,693 93,487 

ISEA labs growth ........................................................................ [–2,100 ] 

SCS modernization backfit funding ahead of need ................... [–2,106 ] 

Technology insertion/technology refresh growth ....................... [–3,000 ] 

011 SUBMARINE BATTERIES ............................................................... 42,296 42,296 

012 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 25,228 25,228 

013 DEEP SUBMERGENCE SYSTEMS ................................................. 2,600 2,600 

014 CG MODERNIZATION ...................................................................... 590,349 573,349 

Engineering services carryover .................................................. [–6,000 ] 

Shore Site Upgrades--Excessive Growth ................................... [–11,000 ] 

016 UNDERWATER EOD PROGRAMS .................................................. 18,499 17,499 

Support funding carryover .......................................................... [–1,000 ] 

017 ITEMS LESS THAN $5 MILLION ................................................... 113,809 93,401 

AS–39 modernization traveling crane funding previously appropriated.[–3,369 ] 

Auto Voltage Regulators--Ahead of Need .................................. [–3,480 ] 

LCS Waterjet Impellers--No Longer Required .......................... [–10,859 ] 

Machalts growth .......................................................................... [–2,700 ] 

018 CHEMICAL WARFARE DETECTORS ............................................ 5,508 5,508 

019 SUBMARINE LIFE SUPPORT SYSTEM ........................................ 13,397 13,397 

REACTOR PLANT EQUIPMENT 

020 REACTOR POWER UNITS ............................................................... 436,838 436,838 

021 REACTOR COMPONENTS ............................................................... 271,600 271,600 

OCEAN ENGINEERING 

022 DIVING AND SALVAGE EQUIPMENT .......................................... 11,244 9,644 

Outfitting equipment package cost growth ............................... [–1,600 ] 

SMALL BOATS 

023 STANDARD BOATS ........................................................................... 39,793 33,653 

7M RIB contract delay ................................................................ [–4,140 ] 

Medium sized force protection boats cost growth ..................... [–2,000 ] 

TRAINING EQUIPMENT 

024 OTHER SHIPS TRAINING EQUIPMENT ...................................... 29,913 29,913 

PRODUCTION FACILITIES EQUIPMENT 

025 OPERATING FORCES IPE ............................................................... 54,642 54,642 

OTHER SHIP SUPPORT 

026 NUCLEAR ALTERATIONS ............................................................... 144,175 144,175 

027 LCS MODULES .................................................................................. 79,583 63,448 

AN/AQS–20A--Contract Delay .................................................... [–8,920 ] 

Engineering change proposal growth ......................................... [–4,715 ] 

Production Support--Excess to Need .......................................... [–2,500 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1731 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

LOGISTIC SUPPORT 

028 LSD MIDLIFE .................................................................................... 143,483 132,733 

Air conditioner plant upgrades installation ahead of need ...... [–2,000 ] 

RO desalinater units installation funding ahead of need ........ [–6,750 ] 

Steering control upgrade installation funding ahead of need .. [–2,000 ] 

SHIP RADARS 

029 RADAR SUPPORT ............................................................................. 18,818 10,618 

Excess ECO funding .................................................................... [–1,800 ] 

Radar procurement ahead of need ............................................. [–6,400 ] 

SHIP SONARS 

030 SPQ–9B RADAR ................................................................................. 24,613 18,236 

Radar procurement ahead of need ............................................. [–6,377 ] 

031 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................. 73,829 71,771 

Sonar upgrade cost growth ......................................................... [–2,058 ] 

032 SSN ACOUSTICS ............................................................................... 212,913 212,913 

033 UNDERSEA WARFARE SUPPORT EQUIPMENT ........................ 29,686 25,686 

Mission integration installation funding ahead of need .......... [–4,000 ] 

034 SONAR SWITCHES AND TRANSDUCERS .................................... 13,537 13,537 

035 ELECTRONIC WARFARE MILDEC ................................................ 18,141 16,841 

ICADS cost growth ...................................................................... [–1,300 ] 

ASW ELECTRONIC EQUIPMENT 

036 SUBMARINE ACOUSTIC WARFARE SYSTEM ............................ 20,554 20,554 

037 SSTD .................................................................................................... 2,257 1,257 

Excess support funding ............................................................... [–1,000 ] 

038 FIXED SURVEILLANCE SYSTEM .................................................. 60,141 60,141 

039 SURTASS ............................................................................................ 29,247 25,547 

ICP installation funding ahead of need ..................................... [–1,500 ] 

Integrated Common Processor [ICP] Procurement--Ahead of 

Need.

[–2,200 ] 

040 MARITIME PATROL AND RECONNAISANCE FORCE ............... 13,453 13,453 

040A UNDISTRIBUTED ............................................................................. 0 

ELECTRONIC WARFARE EQUIPMENT 

041 AN/SLQ–32 .......................................................................................... 43,096 39,902 

Block 1B3 Units--No Longer Required ...................................... [–3,194 ] 

RECONNAISSANCE EQUIPMENT 

042 SHIPBOARD IW EXPLOIT ............................................................... 103,645 100,745 

Paragon Systems--Change to Procurement Strategy ............... [–2,900 ] 

043 AUTOMATED IDENTIFICATION SYSTEM (AIS) ......................... 1,364 1,364 

SUBMARINE SURVEILLANCE EQUIPMENT 

044 SUBMARINE SUPPORT EQUIPMENT PROG ............................... 100,793 89,241 

ICADF antenna installation delay ............................................. [–7,286 ] 

Support funding carryover .......................................................... [–2,000 ] 

Tech and capability insertion procurement ahead of need ...... [–2,266 ] 

OTHER SHIP ELECTRONIC EQUIPMENT 

045 COOPERATIVE ENGAGEMENT CAPABILITY ............................. 23,332 19,332 

PAAA Backfit Installation Funding--No Longer Required ...... [–2,000 ] 

Signal Data Processors Backfits--Ahead of Need ..................... [–2,000 ] 

046 TRUSTED INFORMATION SYSTEM (TIS) .................................... 426 426 

047 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ... 33,017 33,017 

048 ATDLS ................................................................................................. 942 942 

049 NAVY COMMAND AND CONTROL SYSTEM (NCCS) ................. 7,896 7,896 

050 MINESWEEPING SYSTEM REPLACEMENT ................................ 27,868 27,868 

051 SHALLOW WATER MCM ................................................................. 1,048 1,048 

052 NAVSTAR GPS RECEIVERS (SPACE) ............................................ 9,926 9,926 

053 AMERICAN FORCES RADIO AND TV SERVICE ......................... 4,370 4,370 

054 STRATEGIC PLATFORM SUPPORT EQUIP ................................. 4,143 4,143 

TRAINING EQUIPMENT 

055 OTHER TRAINING EQUIPMENT ................................................... 45,989 35,189 

COTS obsolescence excessive growth ......................................... [–10,800 ] 

AVIATION ELECTRONIC EQUIPMENT 

056 MATCALS ........................................................................................... 8,136 13,368 

Radar upgrade transfer from Title XV ...................................... [7,232 ] 

Support funding carryover .......................................................... [–2,000 ] 

057 SHIPBOARD AIR TRAFFIC CONTROL .......................................... 7,394 7,394 

058 AUTOMATIC CARRIER LANDING SYSTEM ................................ 18,518 17,018 

ECO growth ................................................................................. [–1,500 ] 

059 NATIONAL AIR SPACE SYSTEM ................................................... 26,054 24,581 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1732 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

Digital Airport Surveillance Radar cost growth ....................... [–1,473 ] 

060 FLEET AIR TRAFFIC CONTROL SYSTEMS ................................. 7,213 7,213 

061 LANDING SYSTEMS ......................................................................... 7,138 7,138 

062 ID SYSTEMS ...................................................................................... 33,170 31,470 

Mark XII Mode 5–-Ahead of Need ............................................. [–1,700 ] 

063 NAVAL MISSION PLANNING SYSTEMS ...................................... 8,941 8,941 

OTHER SHORE ELECTRONIC EQUIPMENT 

064 DEPLOYABLE JOINT COMMAND AND CONT ............................ 8,994 8,994 

065 MARITIME INTERGRATED BROADCAST SYSTEM ................... 13,529 13,529 

066 TACTICAL/MOBILE C4I SYSTEMS ................................................ 12,776 10,876 

Tactical/Mobile C4I Systems Increment 2.1 Ahead of Need .... [–1,900 ] 

067 DCGS-N ............................................................................................... 11,201 11,201 

068 CANES ................................................................................................. 195,141 96,088 

Installation ahead of need .......................................................... [–7,153 ] 

Support funding carryover .......................................................... [–2,300 ] 

Transfer to PE 33138N (RDN 201) per USN request .............. [–12,000 ] 

Transfer to Ship Communications Automation (OPN 76) per 

USN request.

[–77,600 ] 

069 RADIAC ............................................................................................... 6,201 6,201 

070 CANES-INTELL ................................................................................. 75,084 72,313 

Installation ahead of need .......................................................... [–2,771 ] 

071 ELECTRONIC TEST EQUIPMENT ................................................. 6,010 6,010 

072 INTEG COMBAT SYSTEM TEST FACILITY ................................. 4,441 4,441 

073 EMI CONTROL INSTRUMENTATION ........................................... 4,741 4,741 

074 ITEMS LESS THAN $5 MILLION ................................................... 51,716 42,416 

SPS–48 radar cost growth .......................................................... [–2,500 ] 

SPS–48 radar upgrade procurement ahead of need ................. [–6,800 ] 

SHIPBOARD COMMUNICATIONS 

075 SHIPBOARD TACTICAL COMMUNICATIONS ............................. 26,197 1,494 

JTRS AMF--Program Delay ........................................................ [–24,703 ] 

076 SHIP COMMUNICATIONS AUTOMATION ................................... 177,510 255,110 

Transfer from CANES (OPN 68) per USN request .................. [77,600 ] 

077 MARITIME DOMAIN AWARENESS (MDA) ................................... 24,022 24,022 

078 COMMUNICATIONS ITEMS UNDER $5M .................................... 33,644 27,544 

BFTN--Installations Ahead of Need ........................................... [–2,800 ] 

HMS Radios--Contract Delays .................................................... [–3,300 ] 

SUBMARINE COMMUNICATIONS 

079 SUBMARINE BROADCAST SUPPORT ........................................... 10,357 10,357 

080 SUBMARINE COMMUNICATION EQUIPMENT .......................... 75,447 74,047 

Support funding carryover .......................................................... [–1,400 ] 

SATELLITE COMMUNICATIONS 

081 SATELLITE COMMUNICATIONS SYSTEMS ................................ 25,522 25,522 

082 NAVY MULTIBAND TERMINAL (NMT) ........................................ 109,022 107,242 

Submarine terminal cost growth ................................................ [–1,780 ] 

SHORE COMMUNICATIONS 

083 JCS COMMUNICATIONS EQUIPMENT ........................................ 2,186 2,186 

084 ELECTRICAL POWER SYSTEMS ................................................... 1,329 1,329 

085 NAVAL SHORE COMMUNICATIONS ............................................ 2,418 2,418 

CRYPTOGRAPHIC EQUIPMENT 

086 INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................ 119,857 109,394 

EKMS Afloat--KMI Ahead of Need ............................................ [–2,074 ] 

Excess installation funding ......................................................... [–3,789 ] 

VACM Program Delay ................................................................. [–4,600 ] 

CRYPTOLOGIC EQUIPMENT 

087 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................... 14,820 14,820 

OTHER ELECTRONIC SUPPORT 

088 COAST GUARD EQUIPMENT ......................................................... 6,848 6,848 

DRUG INTERDICTION SUPPORT 

089 OTHER DRUG INTERDICTION SUPPORT ................................... 2,290 2,290 

SONOBUOYS 

090 SONOBUOYS—ALL TYPES ............................................................. 96,314 94,814 

AN/SSQ–110 cost growth ............................................................ [–1,500 ] 

AIRCRAFT SUPPORT EQUIPMENT 

091 WEAPONS RANGE SUPPORT EQUIPMENT ................................ 40,697 37,697 

Threat presentation program growth ........................................ [–3,000 ] 

092 EXPEDITIONARY AIRFIELDS ........................................................ 8,561 8,561 

093 AIRCRAFT REARMING EQUIPMENT ........................................... 8,941 5,587 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1733 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

Munitions trailer contract delay ................................................ [–2,354 ] 

Ordnance trailer contract delay ................................................. [–1,000 ] 

094 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ...................... 19,777 19,777 

095 METEOROLOGICAL EQUIPMENT ................................................. 22,003 19,478 

Meteorological Mobile Facility (Replacement) Next Generation contract delay.[–2,525 ] 

096 DIGITAL CAMERA RECEIVING STATION ................................... 1,595 1,595 

097 AVIATION LIFE SUPPORT .............................................................. 66,031 60,919 

Flight deck cranial cost growth .................................................. [–5,112 ] 

098 AIRBORNE MINE COUNTERMEASURES .................................... 49,668 33,515 

AN/AQS–20A--Contract Delay .................................................... [–6,903 ] 

Production line set up excess funding ....................................... [–9,250 ] 

099 LAMPS MK III SHIPBOARD EQUIPMENT ................................... 18,471 12,908 

Modification kit procurement ahead of need ............................. [–5,563 ] 

100 PORTABLE ELECTRONIC MAINTENANCE AIDS ...................... 7,875 7,875 

101 OTHER AVIATION SUPPORT EQUIPMENT ................................ 12,553 12,553 

SHIP GUN SYSTEM EQUIPMENT 

102 NAVAL FIRES CONTROL SYSTEM ............................................... 2,049 2,049 

103 GUN FIRE CONTROL EQUIPMENT .............................................. 4,488 4,488 

SHIP MISSILE SYSTEMS EQUIPMENT 

104 NATO SEASPARROW ....................................................................... 8,926 8,926 

105 RAM GMLS ......................................................................................... 4,321 3,128 

Installation funding ahead of need ............................................ [–1,193 ] 

106 SHIP SELF DEFENSE SYSTEM ..................................................... 60,700 54,324 

SSDS COTS Conversion Kits Ahead of Need ........................... [–6,376 ] 

107 AEGIS SUPPORT EQUIPMENT ...................................................... 43,148 43,148 

108 TOMAHAWK SUPPORT EQUIPMENT ........................................... 72,861 70,261 

Support funding carryover .......................................................... [–2,600 ] 

109 VERTICAL LAUNCH SYSTEMS ...................................................... 732 732 

110 MARITIME INTEGRATED PLANNING SYSTEM-MIPS .............. 4,823 4,823 

FBM SUPPORT EQUIPMENT 

111 STRATEGIC MISSILE SYSTEMS EQUIP ...................................... 187,807 187,807 

ASW SUPPORT EQUIPMENT 

112 SSN COMBAT CONTROL SYSTEMS .............................................. 81,596 89,096 

Naval Intelligence Fusion Tool transfer from Title XV ............ [7,500 ] 

113 SUBMARINE ASW SUPPORT EQUIPMENT ................................. 5,241 5,241 

114 SURFACE ASW SUPPORT EQUIPMENT ...................................... 5,816 5,816 

115 ASW RANGE SUPPORT EQUIPMENT ........................................... 7,842 7,842 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 98,847 96,947 

Product improvement funding growth ....................................... [–1,900 ] 

117 ITEMS LESS THAN $5 MILLION ................................................... 4,073 4,073 

OTHER EXPENDABLE ORDNANCE 

118 ANTI-SHIP MISSILE DECOY SYSTEM .......................................... 32,716 32,716 

119 SURFACE TRAINING DEVICE MODS ........................................... 5,814 5,814 

120 SUBMARINE TRAINING DEVICE MODS ..................................... 36,777 36,777 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

121 PASSENGER CARRYING VEHICLES ............................................ 6,271 4,771 

Non-SOCOM related contract delays ......................................... [–1,500 ] 

122 GENERAL PURPOSE TRUCKS ....................................................... 3,202 3,202 

123 CONSTRUCTION & MAINTENANCE EQUIP ............................... 9,850 9,850 

124 FIRE FIGHTING EQUIPMENT ....................................................... 14,315 14,315 

125 TACTICAL VEHICLES ...................................................................... 16,502 16,502 

126 AMPHIBIOUS EQUIPMENT ............................................................ 3,235 3,235 

127 POLLUTION CONTROL EQUIPMENT ........................................... 7,175 7,175 

128 ITEMS UNDER $5 MILLION ........................................................... 20,727 10,727 

Contract Delays ........................................................................... [–10,000 ] 

129 PHYSICAL SECURITY VEHICLES ................................................. 1,142 1,142 

SUPPLY SUPPORT EQUIPMENT 

130 MATERIALS HANDLING EQUIPMENT ........................................ 14,972 9,972 

Contract Delays ........................................................................... [–5,000 ] 

131 OTHER SUPPLY SUPPORT EQUIPMENT .................................... 4,453 4,453 

132 FIRST DESTINATION TRANSPORTATION .................................. 6,416 6,416 

133 SPECIAL PURPOSE SUPPLY SYSTEMS (IT) ............................... 51,894 51,894 

TRAINING DEVICES 

134 TRAINING SUPPORT EQUIPMENT ............................................... 16,353 16,353 

COMMAND SUPPORT EQUIPMENT 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1734 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

135 COMMAND SUPPORT EQUIPMENT ............................................. 28,693 26,321 

SPAWAR--Excess to Need .......................................................... [–1,000 ] 

US Fleet Forces equipment growth ........................................... [–1,372 ] 

136 EDUCATION SUPPORT EQUIPMENT ........................................... 2,197 2,197 

137 MEDICAL SUPPORT EQUIPMENT ................................................ 7,175 4,175 

Medical and dental outfitting kit cost growth .......................... [–3,000 ] 

138 NAVAL MIP SUPPORT EQUIPMENT ............................................ 1,457 1,457 

140 OPERATING FORCES SUPPORT EQUIPMENT ........................... 15,330 15,330 

141 C4ISR EQUIPMENT .......................................................................... 136 136 

142 ENVIRONMENTAL SUPPORT EQUIPMENT ................................ 18,639 18,639 

143 PHYSICAL SECURITY EQUIPMENT ............................................. 177,240 177,240 

144 ENTERPRISE INFORMATION TECHNOLOGY ............................ 143,022 143,022 

CLASSIFIED PROGRAMS 

148A CLASSIFIED PROGRAMS ................................................................ 14,402 14,402 

SPARES AND REPAIR PARTS 

149 SPARES AND REPAIR PARTS ........................................................ 208,384 208,384 

TOTAL OTHER PROCUREMENT, NAVY ....................... 6,285,451 5,993,175 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ........................................................................................ 9,894 9,894 

002 LAV PIP .............................................................................................. 147,051 147,051 

ARTILLERY AND OTHER WEAPONS 

003 EXPEDITIONARY FIRE SUPPORT SYSTEM ................................ 11,961 11,961 

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 5,552 5,552 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 14,695 14,695 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 14,868 14,868 

OTHER SUPPORT 

007 MODIFICATION KITS ...................................................................... 53,932 53,932 

008 WEAPONS ENHANCEMENT PROGRAM ...................................... 13,795 13,795 

GUIDED MISSILES 

009 GROUND BASED AIR DEFENSE ................................................... 12,287 12,287 

011 FOLLOW ON TO SMAW ................................................................... 46,563 46,563 

012 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ............... 19,606 19,606 

OTHER SUPPORT 

013 MODIFICATION KITS ...................................................................... 4,140 4,140 

COMMAND AND CONTROL SYSTEMS 

014 UNIT OPERATIONS CENTER ......................................................... 16,755 16,755 

REPAIR AND TEST EQUIPMENT 

015 REPAIR AND TEST EQUIPMENT .................................................. 24,071 24,071 

OTHER SUPPORT (TEL) 

016 COMBAT SUPPORT SYSTEM ......................................................... 25,461 25,461 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 5,926 5,926 

019 AIR OPERATIONS C2 SYSTEMS .................................................... 44,152 44,152 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ............................................................................. 40,352 40,352 

INTELL/COMM EQUIPMENT (NON-TEL) 

021 FIRE SUPPORT SYSTEM ................................................................. 8,793 4,470 

Excess to need .............................................................................. [–4,323 ] 

022 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 64,276 64,276 

024 RQ–11 UAV ......................................................................................... 2,104 2,104 

025 DCGS-MC ............................................................................................ 10,789 10,789 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

028 NIGHT VISION EQUIPMENT ......................................................... 6,847 6,847 

OTHER SUPPORT (NON-TEL) 

029 COMMON COMPUTER RESOURCES ............................................ 218,869 218,869 

030 COMMAND POST SYSTEMS ........................................................... 84,856 84,856 

031 RADIO SYSTEMS .............................................................................. 89,479 79,770 

Equipment upgrade for CBNIRF (UFR) .................................... [1,000 ] 

Marine Corps recommendation .................................................. [–10,709 ] 

032 COMM SWITCHING & CONTROL SYSTEMS ............................... 16,598 16,598 

033 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 47,505 47,505 

CLASSIFIED PROGRAMS 

033A CLASSIFIED PROGRAMS ................................................................ 1,606 1,606 

ADMINISTRATIVE VEHICLES 

034 COMMERCIAL PASSENGER VEHICLES ...................................... 894 894 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1735 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

035 COMMERCIAL CARGO VEHICLES ................................................ 14,231 14,231 

TACTICAL VEHICLES 

037 MOTOR TRANSPORT MODIFICATIONS ....................................... 8,389 8,389 

038 MEDIUM TACTICAL VEHICLE REPLACEMENT ........................ 5,833 5,833 

039 LOGISTICS VEHICLE SYSTEM REP ............................................. 972 972 

040 FAMILY OF TACTICAL TRAILERS ................................................ 21,848 21,848 

OTHER SUPPORT 

042 ITEMS LESS THAN $5 MILLION ................................................... 4,503 4,503 

ENGINEER AND OTHER EQUIPMENT 

043 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 2,599 2,599 

044 BULK LIQUID EQUIPMENT ........................................................... 16,255 16,255 

045 TACTICAL FUEL SYSTEMS ............................................................ 26,853 26,853 

046 POWER EQUIPMENT ASSORTED ................................................. 27,247 27,247 

047 AMPHIBIOUS SUPPORT EQUIPMENT ......................................... 5,533 5,533 

048 EOD SYSTEMS .................................................................................. 61,753 61,753 

MATERIALS HANDLING EQUIPMENT 

049 PHYSICAL SECURITY EQUIPMENT ............................................. 16,627 16,627 

050 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ............ 10,827 10,827 

051 MATERIAL HANDLING EQUIP ...................................................... 37,055 37,055 

052 FIRST DESTINATION TRANSPORTATION .................................. 1,462 1,462 

GENERAL PROPERTY 

053 FIELD MEDICAL EQUIPMENT ...................................................... 24,079 24,079 

054 TRAINING DEVICES ........................................................................ 10,277 10,277 

055 CONTAINER FAMILY ....................................................................... 3,123 3,123 

056 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 18,137 18,137 

059 RAPID DEPLOYABLE KITCHEN .................................................... 5,026 5,026 

OTHER SUPPORT 

060 ITEMS LESS THAN $5 MILLION ................................................... 5,206 5,206 

SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS ........................................................ 90 90 

TOTAL PROCUREMENT, MARINE CORPS .................. 1,391,602 1,377,570 

AIRCRAFT PROCUREMENT, AIR FORCE 

TACTICAL FORCES 

001 F–35 ..................................................................................................... 3,340,615 3,189,615 

Reduce by one aircraft ................................................................ [–151,000 ] 

002 Advance Procurement (CY) ............................................................ 323,477 228,977 

Reduce advance procurement ..................................................... [–94,500 ] 

003 F–22A .................................................................................................. 104,118 104,118 

OTHER AIRLIFT 

005 C–130J ................................................................................................. 72,879 72,879 

007 HC–130J .............................................................................................. 332,899 332,899 

009 MC–130J ............................................................................................. 582,466 582,466 

013 C–27J ................................................................................................... 479,896 479,896 

UPT TRAINERS 

015 USAFA POWERED FLIGHT PROGRAM ........................................ 1,060 1,060 

HELICOPTERS 

017 COMMON VERTICAL LIFT SUPPORT .......................................... 52,800 52,800 

019 V22 OSPREY ....................................................................................... 339,865 339,865 

020 Advance Procurement (CY) ............................................................ 20,000 20,000 

MISSION SUPPORT AIRCRAFT 

023 CIVIL AIR PATROL A/C ................................................................... 2,190 2,190 

024 HH–60M .............................................................................................. 104,711 104,711 

025 LIGHT ATTACK ARMED RECON ACFT ........................................ 158,549 115,049 

Reduction of three aircraft .......................................................... [–43,500 ] 

OTHER AIRCRAFT 

029 TARGET DRONES ............................................................................. 64,268 59,268 

Slow execution ............................................................................. [–5,000 ] 

030 C–37A .................................................................................................. 77,842 77,842 

031 RQ–4 .................................................................................................... 323,964 323,964 

032 Advance Procurement (CY) ............................................................ 71,500 71,500 

033 MC 130 ................................................................................................ 108,470 108,470 

034 MQ–9 ................................................................................................... 813,092 0 

ASIP 2C early to need ................................................................. [–29,500 ] 

Block 5 to Block 1 adjustment .................................................... [–64,000 ] 

Transfer to OCO .......................................................................... [–719,592 ] 

STRATEGIC AIRCRAFT 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1736 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

035 B–2A .................................................................................................... 41,315 31,015 

Excess to need .............................................................................. [–10,300 ] 

036 B–1B .................................................................................................... 198,007 198,007 

037 B–52 ..................................................................................................... 93,897 93,897 

TACTICAL AIRCRAFT 

038 A–10 ..................................................................................................... 153,128 12,528 

Program reduction--Wing replacement program ...................... [–140,600 ] 

039 F–15 ..................................................................................................... 222,386 208,386 

Early to need--Mode 5 IFF ......................................................... [–14,000 ] 

040 F–16 ..................................................................................................... 73,346 56,746 

Mode 5 procurement ahead of need ........................................... [–16,600 ] 

041 F–22A .................................................................................................. 232,032 232,032 

AIRLIFT AIRCRAFT 

043 C–5 ....................................................................................................... 11,741 11,741 

045 C–5M .................................................................................................... 851,859 851,859 

046 Advance Procurement (CY) ............................................................ 112,200 112,200 

047 C–9C .................................................................................................... 9 9 

048 C–17A .................................................................................................. 202,179 202,179 

049 C–21 ..................................................................................................... 328 328 

050 C–32A .................................................................................................. 12,157 1,757 

Program reduction--SLC3S--A .................................................... [–10,400 ] 

051 C–37A .................................................................................................. 21,986 486 

Program reduction--SLC3S--A .................................................... [–21,500 ] 

052 C–130 AMP ......................................................................................... 235,635 208,135 

Early to need--kit installs ........................................................... [–27,500 ] 

TRAINER AIRCRAFT 

053 GLIDER MODS .................................................................................. 123 123 

054 T–6 ....................................................................................................... 15,086 15,086 

055 T–1 ....................................................................................................... 238 238 

056 T–38 ..................................................................................................... 31,032 31,032 

OTHER AIRCRAFT 

057 KC–10A (ATCA) .................................................................................. 27,220 9,820 

Early to need--CNS/ATM ............................................................ [–17,400 ] 

058 C–12 ..................................................................................................... 1,777 1,777 

059 MC–12W .............................................................................................. 16,767 16,767 

060 C–20 MODS ........................................................................................ 241 241 

061 VC–25A MOD ...................................................................................... 387 387 

062 C–40 ..................................................................................................... 206 206 

063 C–130 ................................................................................................... 45,876 56,276 

Transfer per Air Force Request from RDAF–81 ....................... [10,400 ] 

064 C–130 INTEL ...................................................................................... 3,593 3,593 

065 C–130J MODS .................................................................................... 38,174 38,174 

066 C–135 ................................................................................................... 62,210 62,210 

067 COMPASS CALL MODS .................................................................... 256,624 256,624 

068 RC–135 ................................................................................................ 162,211 162,211 

069 E–3 ....................................................................................................... 135,031 135,031 

070 E–4 ....................................................................................................... 57,829 57,829 

071 E–8 ....................................................................................................... 29,058 29,058 

072 H–1 ....................................................................................................... 5,280 5,280 

073 H–60 ..................................................................................................... 34,371 34,371 

074 RQ–4 MODS ........................................................................................ 89,177 89,177 

075 HC/MC–130 MODIFICATIONS ........................................................ 431 10,831 

Transfer from PE 65299F (RDAF 81) per USAF request ........ [10,400 ] 

076 OTHER MODIFICATIONS ................................................................ 115,338 68,238 

Early to need in FAB-T ............................................................... [–47,100 ] 

077 MQ–1 MODS ....................................................................................... 158,446 158,446 

078 MQ–9 MODS ....................................................................................... 181,302 149,744 

Block 5 fielding early to need ..................................................... [–31,558 ] 

079 MQ–9 UAS PAYLOADS ..................................................................... 74,866 74,866 

080 CV–22 MODS ...................................................................................... 14,715 14,715 

AIRCRAFT SPARES + REPAIR PARTS 

081 FIGHTER/UAV INITIAL SPARES/REPAIR PARTS ....................... 1,030,364 927,364 

Program reduction--poor execution ............................................ [–103,000 ] 

COMMON SUPPORT EQUIPMENT 

082 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................ 92,394 90,318 

F–15 ESTS contract delay .......................................................... [–2,076 ] 

POST PRODUCTION SUPPORT 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1737 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

083 B–1 ....................................................................................................... 4,743 4,743 

084 B–2A .................................................................................................... 101 101 

085 B–2A .................................................................................................... 49,319 49,319 

087 C–5 ....................................................................................................... 521 521 

089 KC–10A (ATCA) .................................................................................. 5,691 5,691 

090 C–17A .................................................................................................. 183,696 75,115 

Transition to post production ..................................................... [–108,581 ] 

091 C–130 ................................................................................................... 25,646 25,646 

093 C–135 ................................................................................................... 2,434 2,434 

094 F–15 ..................................................................................................... 2,076 2,076 

095 F–16 ..................................................................................................... 4,537 4,537 

097 OTHER AIRCRAFT ............................................................................ 40,025 23,225 

F–16 Block 40/50 MTC ................................................................ [–16,800 ] 

INDUSTRIAL PREPAREDNESS 

098 INDUSTRIAL RESPONSIVENESS .................................................. 21,050 21,050 

WAR CONSUMABLES 

099 WAR CONSUMABLES ...................................................................... 87,220 0 

Transfer to OCO .......................................................................... [–87,220 ] 

OTHER PRODUCTION CHARGES 

100 OTHER PRODUCTION CHARGES .................................................. 1,072,858 1,072,858 

DARP 

104 U–2 ....................................................................................................... 48,875 48,875 

CLASSIFIED PROGRAMS 

104A CLASSIFIED PROGRAMS ................................................................ 16,502 16,502 

UNDISTRIBUTED 

105 UNDISTRIBUTED ............................................................................. 0 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 14,082,527 12,341,600 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 23,919 23,919 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 89,771 89,771 

BOMBS 

003 PRACTICE BOMBS ........................................................................... 38,756 33,876 

BDU–56 C/B—Unjustified cost growth ...................................... [–4,880 ] 

004 GENERAL PURPOSE BOMBS ......................................................... 168,557 133,557 

BDU–109—Incorrect cost estimate ............................................ [–35,000 ] 

005 JOINT DIRECT ATTACK MUNITION ............................................ 76,649 76,649 

FLARE, IR MJU–7B 

006 CAD/PAD ............................................................................................. 42,410 42,410 

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 3,119 3,119 

008 SPARES AND REPAIR PARTS ........................................................ 998 998 

009 MODIFICATIONS .............................................................................. 1,132 1,132 

010 ITEMS LESS THAN $5,000,000 ....................................................... 5,075 5,075 

FUZES 

011 FLARES ............................................................................................... 46,749 46,749 

012 FUZES ................................................................................................. 34,735 34,735 

SMALL ARMS 

013 SMALL ARMS .................................................................................... 7,195 7,195 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

539,065 499,185 

MISSILE PROCUREMENT, AIR FORCE 

MISSILE REPLACEMENT EQUIPMENT - BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ................................... 67,745 67,745 

TACTICAL 

002 JASSM ................................................................................................. 236,193 236,193 

003 SIDEWINDER (AIM–9X) ................................................................... 88,769 88,769 

004 AMRAAM ............................................................................................ 309,561 202,176 

Production Backlog ...................................................................... [–107,385 ] 

005 PREDATOR HELLFIRE MISSILE ................................................... 46,830 46,830 

006 SMALL DIAMETER BOMB .............................................................. 7,523 7,523 

INDUSTRIAL FACILITIES 

007 INDUSTR’L PREPAREDNS/POL PREVENTION ........................... 726 726 

CLASS IV 

008 ADVANCED CRUISE MISSILE ....................................................... 39 39 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1738 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

009 MM III MODIFICATIONS ................................................................. 125,953 125,953 

010 AGM–65D MAVERICK ...................................................................... 266 266 

011 AGM–88A HARM ............................................................................... 25,642 25,642 

012 AIR LAUNCH CRUISE MISSILE (ALCM) ...................................... 14,987 14,987 

MISSILE SPARES + REPAIR PARTS 

013 INITIAL SPARES/REPAIR PARTS .................................................. 43,241 43,241 

SPACE PROGRAMS 

014 ADVANCED EHF ............................................................................... 552,833 552,833 

016 WIDEBAND GAPFILLER SATELLITES(SPACE) .......................... 468,745 875,745 

Reduction to Support Funding Growth ..................................... [–9,000 ] 

Transfer from PDW–20 ............................................................... [416,000 ] 

018 GPS III SPACE SEGMENT ............................................................... 433,526 433,526 

019 Advance Procurement (CY) ............................................................ 81,811 81,811 

020 SPACEBORNE EQUIP (COMSEC) .................................................. 21,568 21,568 

021 GLOBAL POSITIONING (SPACE) ................................................... 67,689 67,689 

022 DEF METEOROLOGICAL SAT PROG(SPACE) ............................. 101,397 101,397 

023 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ...................... 1,740,222 1,708,222 

Excess to need due to efficiencies .............................................. [–32,000 ] 

024 SBIR HIGH (SPACE) ......................................................................... 81,389 81,389 

025 Advance Procurement (CY) ............................................................ 243,500 243,500 

SPECIAL PROGRAMS 

031 SPECIAL UPDATE PROGRAMS ...................................................... 154,727 154,727 

CLASSIFIED PROGRAMS 

031A CLASSIFIED PROGRAMS ................................................................ 1,159,135 746,980 

Classified Adjustment ................................................................. [–412,155 ] 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 6,074,017 5,929,477 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 5,621 5,621 

CARGO + UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ...................................................... 18,411 18,411 

003 CAP VEHICLES ................................................................................. 917 917 

004 ITEMS LESS THAN $5,000,000 (CARGO ........................................ 18,694 18,694 

SPECIAL PURPOSE VEHICLES 

005 SECURITY AND TACTICAL VEHICLES ........................................ 5,982 85 

Guardian Angel Contract Delay ................................................. [–2,941 ] 

HMMWV--In Excess of Need ...................................................... [–2,956 ] 

006 ITEMS LESS THAN $5,000,000 (SPECIA ....................................... 20,677 20,677 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 22,881 22,881 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAT $5,000,000 ........................................................ 14,978 14,978 

BASE MAINTENANCE SUPPORT 

009 RUNWAY SNOW REMOV AND CLEANING EQU ........................ 16,556 16,556 

010 ITEMS LESS THAN $5M BASE MAINT/CONST ........................... 30,225 30,225 

COMM SECURITY EQUIPMENT(COMSEC) 

011 COMSEC EQUIPMENT ..................................................................... 135,169 135,169 

012 MODIFICATIONS (COMSEC) .......................................................... 1,263 1,263 

INTELLIGENCE PROGRAMS 

014 INTELLIGENCE TRAINING EQUIPMENT ................................... 2,645 2,645 

015 INTELLIGENCE COMM EQUIPMENT .......................................... 21,762 21,762 

016 ADVANCE TECH SENSORS ............................................................ 899 899 

017 MISSION PLANNING SYSTEMS .................................................... 18,529 18,529 

ELECTRONICS PROGRAMS 

018 AIR TRAFFIC CONTROL & LANDING SYS .................................. 32,473 32,473 

019 NATIONAL AIRSPACE SYSTEM .................................................... 51,426 51,426 

020 BATTLE CONTROL SYSTEM - FIXED ........................................... 32,468 32,468 

021 THEATER AIR CONTROL SYS IMPROVEMEN ........................... 22,813 22,813 

022 WEATHER OBSERVATION FORECAST ........................................ 14,619 14,619 

023 STRATEGIC COMMAND AND CONTROL ..................................... 39,144 38,144 

JFHQ equipment ......................................................................... [–1,000 ] 

024 CHEYENNE MOUNTAIN COMPLEX ............................................. 25,992 25,992 

025 TAC SIGNIT SPT ............................................................................... 217 217 

SPCL COMM-ELECTRONICS PROJECTS 

027 GENERAL INFORMATION TECHNOLOGY .................................. 52,263 52,263 

028 AF GLOBAL COMMAND & CONTROL SYS .................................. 16,951 16,951 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1739 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

029 MOBILITY COMMAND AND CONTROL ....................................... 26,433 17,033 

SLICC/Viper II Excess of Need .................................................. [–7,400 ] 

Wing LAN infrastructure—slow execution ................................ [–2,000 ] 

030 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 90,015 90,015 

031 COMBAT TRAINING RANGES ........................................................ 23,955 23,955 

032 C3 COUNTERMEASURES ................................................................ 7,518 7,518 

033 GCSS-AF FOS ..................................................................................... 72,641 72,641 

034 THEATER BATTLE MGT C2 SYSTEM ........................................... 22,301 22,301 

035 AIR & SPACE OPERATIONS CTR-WPN SYS ................................ 15,525 15,525 

AIR FORCE COMMUNICATIONS 

036 INFORMATION TRANSPORT SYSTEMS ....................................... 49,377 49,377 

037 BASE INFO INFRASTRUCTURE .................................................... 41,239 41,239 

038 AFNET ................................................................................................. 228,978 128,978 

Reduce Program Growth ............................................................. [–100,000 ] 

039 VOICE SYSTEMS ............................................................................... 43,603 23,603 

Reduce Program Growth ............................................................. [–20,000 ] 

040 USCENTCOM- JCSE ......................................................................... 30,983 30,983 

DISA PROGRAMS 

041 SPACE BASED IR SENSOR PGM SPACE ...................................... 49,570 49,570 

042 NAVSTAR GPS SPACE ..................................................................... 2,008 2,008 

043 NUDET DETECTION SYS SPACE .................................................. 4,863 4,863 

044 AF SATELLITE CONTROL NETWORK SPACE ............................ 61,386 61,386 

045 SPACELIFT RANGE SYSTEM SPACE ........................................... 125,947 125,947 

046 MILSATCOM SPACE ......................................................................... 104,720 36,570 

Early to need in FAB-T ............................................................... [–68,150 ] 

047 SPACE MODS SPACE ....................................................................... 28,075 28,075 

048 COUNTERSPACE SYSTEM .............................................................. 20,718 20,718 

ORGANIZATION AND BASE 

049 TACTICAL C-E EQUIPMENT .......................................................... 227,866 153,626 

JTC Training and Rehearsal Schedule Ahead of Need ............ [–17,140 ] 

JTRS AMF Milestone C Delay ................................................... [–12,600 ] 

JTRS Handheld / Manpack Cost Increases ............................... [–44,500 ] 

050 COMBAT SURVIVOR EVADER LOCATER .................................... 22,184 7,184 

CSEL Contract Delay .................................................................. [–15,000 ] 

051 RADIO EQUIPMENT ......................................................................... 11,408 11,408 

052 CCTV/AUDIOVISUAL EQUIPMENT ............................................... 11,559 11,559 

053 BASE COMM INFRASTRUCTURE .................................................. 105,977 80,977 

Slow Execution ............................................................................ [–25,000 ] 

MODIFICATIONS 

054 COMM ELECT MODS ....................................................................... 76,810 76,810 

PERSONAL SAFETY & RESCUE EQUIP 

055 NIGHT VISION GOGGLES ............................................................... 20,008 1,008 

Night Vision Cueing and Display Contract Delay .................... [–19,000 ] 

056 ITEMS LESS THAN $5,000,000 (SAFETY) ..................................... 25,499 12,598 

Laser Eye Protection Contract Delay ........................................ [–5,800 ] 

MACH Early to Need .................................................................. [–7,101 ] 

DEPOT PLANT+MTRLS HANDLING EQ 

057 MECHANIZED MATERIAL HANDLING EQUIP ........................... 37,829 37,829 

BASE SUPPORT EQUIPMENT 

058 BASE PROCURED EQUIPMENT .................................................... 16,483 16,483 

059 CONTINGENCY OPERATIONS ....................................................... 16,754 16,754 

060 PRODUCTIVITY CAPITAL INVESTMENT .................................... 3,653 903 

Unjustified Program Growth ...................................................... [–2,750 ] 

061 MOBILITY EQUIPMENT .................................................................. 30,345 20,345 

Power Generation--Reduce Growth ............................................ [–10,000 ] 

062 ITEMS LESS THAN $5,000,000 (BASE S) ...................................... 2,819 2,819 

SPECIAL SUPPORT PROJECTS 

064 DARP RC135 ....................................................................................... 23,341 23,341 

065 DCGS-AF ............................................................................................. 212,146 212,146 

067 SPECIAL UPDATE PROGRAM ........................................................ 410,069 410,069 

068 DEFENSE SPACE RECONNAISSANCE PROG. ............................ 41,066 41,066 

CLASSIFIED PROGRAMS 

068A CLASSIFIED PROGRAMS ................................................................ 14,618,160 14,788,852 

Classified Adjustment ................................................................. [170,692 ] 

SPARES AND REPAIR PARTS 

069 SPARES AND REPAIR PARTS ........................................................ 14,630 14,630 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 17,602,036 17,409,390 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1740 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DCAA 

002 ITEMS LESS THAN $5 MILLION ................................................... 1,473 1,473 

MAJOR EQUIPMENT, DCMA 

003 MAJOR EQUIPMENT ....................................................................... 2,076 2,076 

MAJOR EQUIPMENT, DHRA 

004 PERSONNEL ADMINISTRATION ................................................... 11,019 11,019 

MAJOR EQUIPMENT, DISA 

014 INFORMATION SYSTEMS SECURITY .......................................... 19,952 19,952 

015 GLOBAL COMMAND AND CONTROL SYSTEM .......................... 5,324 5,324 

016 GLOBAL COMBAT SUPPORT SYSTEM ......................................... 2,955 2,955 

017 TELEPORT PROGRAM ..................................................................... 54,743 54,743 

018 ITEMS LESS THAN $5 MILLION ................................................... 174,805 174,805 

019 NET CENTRIC ENTERPRISE SERVICES (NCES) ....................... 3,429 3,429 

020 DEFENSE INFORMATION SYSTEM NETWORK ......................... 500,932 84,932 

Transfer to MPAF–16 ................................................................. [–416,000 ] 

021 PUBLIC KEY INFRASTRUCTURE ................................................. 1,788 1,788 

022 CYBER SECURITY INITIATIVE ..................................................... 24,085 24,085 

MAJOR EQUIPMENT, DLA 

023 MAJOR EQUIPMENT ....................................................................... 11,537 11,537 

MAJOR EQUIPMENT, DMACT 

024 MAJOR EQUIPMENT ....................................................................... 14,542 14,542 

MAJOR EQUIPMENT, DODEA 

025 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ......... 1,444 1,444 

MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 

026 EQUIPMENT ...................................................................................... 971 971 

MAJOR EQUIPMENT, DSS 

027 OTHER CAPITAL EQUIPMENT ...................................................... 974 974 

MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION 

AGENCY 

028 VEHICLES .......................................................................................... 200 200 

029 OTHER MAJOR EQUIPMENT ......................................................... 12,806 12,806 

MAJOR EQUIPMENT, DTSA 

030 MAJOR EQUIPMENT ....................................................................... 447 447 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

033 THAAD ................................................................................................ 833,150 709,150 

Excess to production capacity ..................................................... [–124,000 ] 

034 AEGIS BMD ........................................................................................ 565,393 565,393 

035 BMDS AN/TPY–2 RADARS ............................................................... 380,195 380,195 

MAJOR EQUIPMENT, NSA 

043 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 5,787 5,787 

MAJOR EQUIPMENT, OSD 

045 MAJOR EQUIPMENT, OSD ............................................................. 47,123 47,123 

046 MAJOR EQUIPMENT, INTELLIGENCE ........................................ 20,176 20,176 

MAJOR EQUIPMENT, TJS 

047 MAJOR EQUIPMENT, TJS ............................................................... 29,729 29,729 

MAJOR EQUIPMENT, WHS 

048 MAJOR EQUIPMENT, WHS ............................................................ 31,974 31,974 

CLASSIFIED PROGRAMS 

048A CLASSIFIED PROGRAMS ................................................................ 554,408 541,088 

Classified adjustment .................................................................. [–13,320 ] 

AVIATION PROGRAMS 

049 ROTARY WING UPGRADES AND SUSTAINMENT ..................... 41,411 41,411 

051 MH–60 MODERNIZATION PROGRAM ........................................... 171,456 145,456 

Maintain fiscal year 2011 production rate due to extended 

modification periods.

[–26,000 ] 

052 NON-STANDARD AVIATION ........................................................... 272,623 217,623 

AvFID Funding ahead of need ................................................... [–45,000 ] 

AvFID rotary-wing simulator ..................................................... [–10,000 ] 

054 U–28 ..................................................................................................... 5,100 5,100 

055 MH–47 CHINOOK .............................................................................. 142,783 142,783 

056 RQ–11 UNMANNED AERIAL VEHICLE ........................................ 486 486 

057 CV–22 MODIFICATION .................................................................... 118,002 118,002 

058 MQ–1 UNMANNED AERIAL VEHICLE ......................................... 3,025 3,025 

059 MQ–9 UNMANNED AERIAL VEHICLE ......................................... 3,024 3,024 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1741 

SEC. 4101. PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

060 RQ–7 UNMANNED AERIAL VEHICLE .......................................... 450 450 

061 STUASL0 ............................................................................................. 12,276 12,276 

062 AC/MC–130J ....................................................................................... 74,891 74,891 

063 C–130 MODIFICATIONS .................................................................. 19,665 19,665 

064 AIRCRAFT SUPPORT ....................................................................... 6,207 6,207 

SHIPBUILDING 

065 UNDERWATER SYSTEMS ............................................................... 6,999 6,999 

AMMUNITION PROGRAMS 

067 ORDNANCE REPLENISHMENT ..................................................... 116,009 106,009 

Prior year funding carryover ...................................................... [–10,000 ] 

068 ORDNANCE ACQUISITION ............................................................. 28,281 18,281 

Aviation ammunition—prior year funding carryover ............... [–10,000 ] 

OTHER PROCUREMENT PROGRAMS 

069 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .......... 87,489 150,289 

Program Growth .......................................................................... [62,800 ] 

070 INTELLIGENCE SYSTEMS ............................................................. 74,702 74,702 

071 SMALL ARMS AND WEAPONS ....................................................... 9,196 9,196 

072 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 15,621 15,621 

076 COMBATANT CRAFT SYSTEMS .................................................... 6,899 66,899 

Program Growth .......................................................................... [60,000 ] 

077 SPARES AND REPAIR PARTS ........................................................ 594 594 

078 TACTICAL VEHICLES ...................................................................... 33,915 33,915 

080 MISSION TRAINING AND PREPARATION SYSTEMS ............... 46,242 46,242 

081 COMBAT MISSION REQUIREMENTS ........................................... 50,000 20,000 

Reduction to growth .................................................................... [–30,000 ] 

082 MILCON COLLATERAL EQUIPMENT ........................................... 18,723 18,723 

085 AUTOMATION SYSTEMS ................................................................ 51,232 51,232 

086 GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................... 7,782 7,782 

087 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 22,960 22,960 

088 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ................. 362 362 

089 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS 15,758 15,758 

090 TACTICAL RADIO SYSTEMS .......................................................... 76,459 101,459 

Program Increase ........................................................................ [25,000 ] 

093 MISCELLANEOUS EQUIPMENT .................................................... 1,895 1,895 

094 OPERATIONAL ENHANCEMENTS ................................................ 246,893 246,893 

095 MILITARY INFORMATION SUPPORT OPERATIONS ................. 4,142 4,142 

CLASSIFIED PROGRAMS 

095A CLASSIFIED PROGRAMS ................................................................ 4,012 4,012 

CBDP 

096 INSTALLATION FORCE PROTECTION ........................................ 15,900 15,900 

097 INDIVIDUAL PROTECTION ............................................................ 71,376 71,376 

098 DECONTAMINATION ....................................................................... 6,466 6,466 

099 JOINT BIO DEFENSE PROGRAM (MEDICAL) ............................. 11,143 4,143 

Next Generation Diagnostic System ahead of need ................. [–7,000 ] 

100 COLLECTIVE PROTECTION ........................................................... 9,414 9,414 

101 CONTAMINATION AVOIDANCE .................................................... 139,948 139,948 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 5,365,248 4,821,728 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 100,000 0 

Unjustified Requirement ............................................................. [–100,000 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS 

FUND.

100,000 0 

NATIONAL GUARD & RESERVE EQUIPMENT 

UNDISTRIBUTED 

007 UNDISTRIBUTED ............................................................................. 100,000 

Program Increase ........................................................................ [100,000 ] 

TOTAL NATIONAL GUARD & RESERVE EQUIPMENT.100,000 

TOTAL PROCUREMENT .................................................... 111,453,792 103,579,366 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1742 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

AIRCRAFT PROCUREMENT, ARMY 

FIXED WING 

002 C–12 CARGO AIRPLANE .................................................................. 10,500 0 

No justified requirement ............................................................. [–10,500 ] 

004 MQ–1 UAV .......................................................................................... 550,798 

Transfer from Base ...................................................................... [550,798 ] 

ROTARY 

008 AH–64 BLOCK II/WRA ...................................................................... 35,500 0 

Program reduction ....................................................................... [–35,500 ] 

012 UH–60 BLACKHAWK M MODEL (MYP) ........................................ 72,000 72,000 

017 KIOWA WARRIOR UPGRADE (OH–58 D)/WRA ............................ 145,500 100,800 

Limit ramp rate on replacement aircraft by reducing four aircraft.[–44,700 ] 

MODIFICATION OF AIRCRAFT 

019 MQ–1 PAYLOAD—UAS ..................................................................... 10,800 146,983 

Transfer from Base ...................................................................... [136,183 ] 

022 MULTI SENSOR ABN RECON (MIP) ............................................. 54,500 54,500 

033 RQ–7 UAV MODS .............................................................................. 94,600 14,800 

Vader - Incompatible with Host Platform ................................. [–79,800 ] 

SPARES AND REPAIR PARTS 

034 SPARE PARTS (AIR) ......................................................................... 0 

TOTAL AIRCRAFT PROCUREMENT, ARMY ................ 423,400 939,881 

MISSILE PROCUREMENT, ARMY 

AIR-TO-SURFACE MISSILE SYSTEM 

004 HELLFIRE SYS SUMMARY ............................................................. 107,556 107,556 

ANTI-TANK/ASSAULT MISSILE SYS 

009 GUIDED MLRS ROCKET (GMLRS) ................................................ 19,000 19,000 

TOTAL MISSILE PROCUREMENT, ARMY .................... 126,556 126,556 

PROCUREMENT OF W&TCV, ARMY 

WEAPONS & OTHER COMBAT VEHICLES 

019 MACHINE GUN, CAL .50 M2 ROLL ............................................... 31,102 

Transfer from Base ...................................................................... [31,102 ] 

020 LIGHTWEIGHT .50 CALIBER MACHINE GUN ............................ 5,427 5,427 

029 COMMON REMOTELY OPERATED WEAPONS STATION (CRO 14,890 14,890 

031 HOWITZER LT WT 155MM (T) ........................................................ 13,066 

Transfer from Base ...................................................................... [13,066 ] 

MOD OF WEAPONS AND OTHER COMBAT VEH 

033 M4 CARBINE MODS ......................................................................... 16,800 16,800 

034 M2 50 CAL MACHINE GUN MODS ................................................ 0 

TOTAL PROCUREMENT OF W&TCV, ARMY ............... 37,117 81,285 

PROCUREMENT OF AMMUNITION, ARMY 

SMALL/MEDIUM CAL AMMUNITION 

004 CTG, HANDGUN, ALL TYPES ......................................................... 1,200 1,200 

009 CTG, 30MM, ALL TYPES .................................................................. 4,800 4,800 

010 CTG, 40MM, ALL TYPES .................................................................. 38,000 38,000 

MORTAR AMMUNITION 

013 81MM MORTAR, ALL TYPES .......................................................... 8,000 8,000 

014 120MM MORTAR, ALL TYPES ........................................................ 49,140 49,140 

ARTILLERY AMMUNITION 

019 ARTILLERY PROJECTILE, 155MM, ALL TYPES ......................... 10,000 10,000 

ARTILLERY FUZES 

022 ARTILLERY FUZES, ALL TYPES ................................................... 5,000 5,000 

ROCKETS 

027 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................. 5,000 5,000 

028 ROCKET, HYDRA 70, ALL TYPES .................................................. 53,841 53,841 

OTHER AMMUNITION 

029 DEMOLITION MUNITIONS, ALL TYPES ...................................... 16,000 16,000 

031 SIGNALS, ALL TYPES ...................................................................... 7,000 7,000 

032 SIMULATORS, ALL TYPES ............................................................. 8,000 8,000 

MISCELLANEOUS 

036 CAD/PAD ALL TYPES ....................................................................... 2,000 2,000 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1743 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

037 ITEMS LESS THAN $5 MILLION ................................................... 400 400 

TOTAL PROCUREMENT OF AMMUNITION, ARMY .. 208,381 208,381 

OTHER PROCUREMENT, ARMY 

TACTICAL VEHICLES 

005 FAMILY OF MEDIUM TACTICAL VEH (FMTV) .......................... 11,094 11,094 

007 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ................... 47,214 47,214 

010 MINE PROTECTION VEHICLE FAMILY ...................................... 0 

015 TACTICAL WHEELED VEHICLE PROTECTION KITS ............... 0 

017 MINE-RESISTANT AMBUSH-PROTECTED (MRAP) MODS ....... 0 

NON-TACTICAL VEHICLES 

023 NONTACTICAL VEHICLES, OTHER ............................................. 3,600 3,600 

COMM—JOINT COMMUNICATIONS 

025 WIN-T—GROUND FORCES TACTICAL NETWORK .................... 547 547 

COMM—COMBAT COMMUNICATIONS 

039 JOINT TACTICAL RADIO SYSTEM ................................................ 450 0 

Handheld, Manpack, Small Form-fit radios for LEMV#2 

early to need.

[–450 ] 

042 AMC CRITICAL ITEMS - OPA2 ....................................................... 8,141 8,141 

049 GUNSHOT DETECTION SYSTEM (GDS) ...................................... 44,100 10,100 

Concurrent development and procurement ............................... [–34,000 ] 

051 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ................ 6,443 6,443 

INFORMATION SECURITY 

056 INFORMATION SYSTEM SECURITY PROGRAM-ISSP .............. 54,730 0 

Army requested transfer to line 56a, Family of Biometrics .... [–54,730 ] 

056A FAMILY OF BIOMETRICS ............................................................... 54,730 

Transfer from line 56 .................................................................. [54,730 ] 

COMM—LONG HAUL COMMUNICATIONS 

058 BASE SUPPORT COMMUNICATIONS ........................................... 5,000 5,000 

COMM—BASE COMMUNICATIONS 

062 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .. 169,500 169,500 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

070 DCGS-A (MIP) .................................................................................... 83,000 83,000 

072 TROJAN (MIP) ................................................................................... 61,100 61,100 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR .............................. 54,100 54,100 

079 FAMILY OF PERSISTENT SURVEILLANCE CAPABILITES ..... 53,000 53,000 

080 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 48,600 24,200 

ISR Task Force identified excess ............................................... [–20,000 ] 

Platforms unavailable ................................................................. [–4,400 ] 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

084 SENSE THROUGH THE WALL (STTW) ......................................... 10,000 10,000 

090 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ............ 0 

092 GREEN LASER INTERDICTION SYSTEM .................................... 0 

095 PROFILER .......................................................................................... 2,000 2,000 

096 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ...................... 30,400 30,400 

098 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ..................... 148,335 148,335 

102 COUNTERFIRE RADARS ................................................................. 110,548 110,548 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

105 FIRE SUPPORT C2 FAMILY ............................................................ 15,081 15,081 

106 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC 10,000 10,000 

108 AIR & MSL DEFENSE PLANNING & CONTROL SYS ................ 28,000 28,000 

109 KNIGHT FAMILY .............................................................................. 42,000 42,000 

114 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 32,800 32,800 

115 MANEUVER CONTROL SYSTEM (MCS) ....................................... 44,000 44,000 

116 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ...................... 18,000 18,000 

ELECT EQUIP—AUTOMATION 

121 AUTOMATED DATA PROCESSING EQUIP .................................. 10,000 10,000 

CLASSIFIED PROGRAMS 

UNDISTRIBUTED 

127A CLASSIFIED PROGRAMS ................................................................ 795 795 

CHEMICAL DEFENSIVE EQUIPMENT 

128 PROTECTIVE SYSTEMS .................................................................. 11,472 11,472 

129 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) ....................... 30,000 10,000 

Acoustic Hailing Device contract delay ..................................... [–20,000 ] 

130 BASE DEFENSE SYSTEMS (BDS) .................................................. 0 

131 CBRN SOLDIER PROTECTION ...................................................... 1,200 1,200 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1744 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

BRIDGING EQUIPMENT 

133 TACTICAL BRIDGING ...................................................................... 15,000 15,000 

134 TACTICAL BRIDGE, FLOAT-RIBBON ........................................... 26,900 26,900 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

137 ROBOTIC COMBAT SUPPORT SYSTEM (RCSS) .......................... 0 

138 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ... 3,205 3,205 

COMBAT SERVICE SUPPORT EQUIPMENT 

149 FORCE PROVIDER ........................................................................... 68,000 68,000 

MEDICAL EQUIPMENT 

158 COMBAT SUPPORT MEDICAL ....................................................... 15,011 15,011 

MAINTENANCE EQUIPMENT 

159 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................... 25,129 25,129 

MATERIAL HANDLING EQUIPMENT 

180 ALL TERRAIN LIFTING ARMY SYSTEM ...................................... 1,800 1,800 

OTHER SUPPORT EQUIPMENT 

189 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............. 43,000 22,000 

Prior year unobligated funds available ...................................... [–21,000 ] 

190 PHYSICAL SECURITY SYSTEMS (OPA3) ..................................... 4,900 4,900 

TOTAL OTHER PROCUREMENT, ARMY ...................... 1,398,195 1,298,345 

JOINT IMPR EXPLOSIVE DEV DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK ................................................................ 1,368,800 1,275,800 

BAA S&T Response—unjustified request .................................. [–76,000 ] 

Information Fusion—unjustified program growth .................... [–17,000 ] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ..................................................................... 961,200 811,200 

Undistributed efficiencies reduction .......................................... [–150,000 ] 

FORCE TRAINING 

003 TRAIN THE FORCE .......................................................................... 247,500 224,450 

Train the Force Response—unjustified program growth ......... [–18,050 ] 

Undistributed efficiencies reduction .......................................... [–5,000 ] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ..................................................................................... 199,134 

Civilian Pay Freeze ..................................................................... [–1,500 ] 

Transfer from Base: Operations ................................................. [220,634 ] 

Undistributed efficiencies reduction .......................................... [–20,000 ] 

TOTAL JOINT IMPR EXPLOSIVE DEV DEFEAT 

FUND.

2,577,500 2,510,584 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

011 UH–1Y/AH–1Z .................................................................................... 30,000 24,875 

Excessive unit cost growth ......................................................... [–5,125 ] 

019 E–2D ADV HAWKEYE ...................................................................... 163,500 0 

Combat loss funded in fiscal year 2011 ..................................... [–163,500 ] 

OTHER AIRCRAFT 

028 OTHER SUPPORT AIRCRAFT ......................................................... 21,882 0 

Aircraft excess to requirement ................................................... [–21,882 ] 

MODIFICATION OF AIRCRAFT 

030 AEA SYSTEMS ................................................................................... 53,100 45,600 

Intrepid Tiger ............................................................................... [–7,500 ] 

031 AV–8 SERIES ..................................................................................... 53,485 53,485 

032 F–18 SERIES ...................................................................................... 46,992 46,992 

034 AH–1W SERIES ................................................................................. 39,418 37,918 

ANVIS HUD install kit pricing .................................................. [–1,500 ] 

035 H–53 SERIES ...................................................................................... 70,747 63,747 

Excess hardware support ............................................................ [–2,000 ] 

Excess NRE for Blue Force Tracker modifications ................... [–5,000 ] 

037 H–1 SERIES ........................................................................................ 6,420 0 

Top-owl modification funding ..................................................... [–6,420 ] 

038 EP–3 SERIES ...................................................................................... 20,800 20,800 

043 C–130 SERIES .................................................................................... 59,625 44,225 

LAIRCM install unit cost ............................................................ [–5,200 ] 

Targeting Sight Systems exceed requirement ........................... [–10,200 ] 

045 CARGO/TRANSPORT A/C SERIES .................................................. 25,880 18,280 

Excess C–20G installation NRE ................................................. [–4,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1745 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

UC–12W excess to need .............................................................. [–3,600 ] 

048 SPECIAL PROJECT AIRCRAFT ...................................................... 11,184 11,184 

053 COMMON ECM EQUIPMENT ......................................................... 27,200 24,200 

Other support excess ................................................................... [–3,000 ] 

054 COMMON AVIONICS CHANGES .................................................... 13,467 11,467 

OSIP 10–11 other support growth ............................................. [–2,000 ] 

055 COMMON DEFENSIVE WEAPON SYSTEM ................................. 3,300 3,300 

060 V–22 (TILT/ROTOR ACFT) OSPREY ............................................... 30,000 25,500 

Deficiencies modifications other support growth ...................... [–2,500 ] 

Reliability modifications other support growth ........................ [–2,000 ] 

AIRCRAFT SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS ........................................................ 39,060 34,462 

MQ–8 spares excess to requirement .......................................... [–3,631 ] 

Other Support Aircraft spares .................................................... [–967 ] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

062 COMMON GROUND EQUIPMENT ................................................. 10,800 10,800 

064 WAR CONSUMABLES ...................................................................... 0 

065 OTHER PRODUCTION CHARGES .................................................. 4,100 4,100 

TOTAL AIRCRAFT PROCUREMENT, NAVY ................. 730,960 480,935 

WEAPONS PROCUREMENT, NAVY 

TACTICAL MISSILES 

009 HELLFIRE .......................................................................................... 14,000 14,000 

010 STAND OFF PRECISION GUIDED MUNITIONS (SOPGM) ........ 20,000 20,000 

GUNS AND GUN MOUNTS 

027 SMALL ARMS AND WEAPONS ....................................................... 7,070 7,070 

TOTAL WEAPONS PROCUREMENT, NAVY ................. 41,070 41,070 

PROCUREMENT OF AMMO, NAVY & MC 

NAVY AMMUNITION 

003 AIRBORNE ROCKETS, ALL TYPES ............................................... 80,200 80,200 

004 MACHINE GUN AMMUNITION ...................................................... 22,400 22,400 

007 AIR EXPENDABLE COUNTERMEASURES .................................. 20,000 20,000 

011 OTHER SHIP GUN AMMUNITION ................................................ 182 182 

012 SMALL ARMS & LANDING PARTY AMMO .................................. 4,545 4,545 

013 PYROTECHNIC AND DEMOLITION .............................................. 1,656 1,656 

014 AMMUNITION LESS THAN $5 MILLION ..................................... 6,000 6,000 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ......................................................... 19,575 19,575 

016 LINEAR CHARGES, ALL TYPES .................................................... 6,691 6,691 

017 40 MM, ALL TYPES ........................................................................... 12,184 12,184 

018 60MM, ALL TYPES ............................................................................ 10,988 10,988 

019 81MM, ALL TYPES ............................................................................ 24,515 24,515 

020 120MM, ALL TYPES .......................................................................... 11,227 11,227 

021 CTG 25MM, ALL TYPES ................................................................... 802 802 

022 GRENADES, ALL TYPES ................................................................. 5,911 5,911 

023 ROCKETS, ALL TYPES .................................................................... 18,871 18,871 

024 ARTILLERY, ALL TYPES ................................................................. 57,003 57,003 

025 DEMOLITION MUNITIONS, ALL TYPES ...................................... 7,831 7,831 

026 FUZE, ALL TYPES ............................................................................ 5,177 5,177 

027 NON LETHALS .................................................................................. 712 712 

029 ITEMS LESS THAN $5 MILLION ................................................... 630 630 

TOTAL PROCUREMENT OF AMMO, NAVY & MC ...... 317,100 317,100 

OTHER PROCUREMENT, NAVY 

SMALL BOATS 

023 STANDARD BOATS ........................................................................... 13,729 0 

Coastal force protection boats contract delay ............................ [–13,729 ] 

AVIATION ELECTRONIC EQUIPMENT 

056 MATCALS ........................................................................................... 7,232 0 

Radar upgrade - Transfer to Title I ........................................... [–7,232 ] 

OTHER SHORE ELECTRONIC EQUIPMENT 

066 TACTICAL/MOBILE C4I SYSTEMS ................................................ 4,000 0 

Unjustified request for tech refresh upgrades .......................... [–4,000 ] 

AIRCRAFT SUPPORT EQUIPMENT 

092 EXPEDITIONARY AIRFIELDS ........................................................ 47,000 47,000 

095 METEOROLOGICAL EQUIPMENT ................................................. 10,800 10,800 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1746 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

097 AVIATION LIFE SUPPORT .............................................................. 14,000 14,000 

101 OTHER AVIATION SUPPORT EQUIPMENT ................................ 18,226 18,226 

ASW SUPPORT EQUIPMENT 

112 SSN COMBAT CONTROL SYSTEMS .............................................. 7,500 0 

Naval Intelligence Fusion Tool—Transfer to Title I ................ [–7,500 ] 

OTHER ORDNANCE SUPPORT EQUIPMENT 

116 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................... 15,700 15,700 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

121 PASSENGER CARRYING VEHICLES ............................................ 2,628 2,628 

123 CONSTRUCTION & MAINTENANCE EQUIP ............................... 13,290 13,290 

124 FIRE FIGHTING EQUIPMENT ....................................................... 3,672 3,672 

128 ITEMS UNDER $5 MILLION ........................................................... 1,002 1,002 

SUPPLY SUPPORT EQUIPMENT 

130 MATERIALS HANDLING EQUIPMENT ........................................ 3,644 3,644 

TRAINING DEVICES 

134 TRAINING SUPPORT EQUIPMENT ............................................... 5,789 0 

Funding No Longer Required ..................................................... [–5,789 ] 

COMMAND SUPPORT EQUIPMENT 

135 COMMAND SUPPORT EQUIPMENT ............................................. 3,310 3,310 

140 OPERATING FORCES SUPPORT EQUIPMENT ........................... 6,977 6,977 

141 C4ISR EQUIPMENT .......................................................................... 24,762 24,762 

143 PHYSICAL SECURITY EQUIPMENT ............................................. 78,241 70,641 

Intelligence Kits - Funding No Longer Required Due to Force 

Structure Reductions.

[–7,600 ] 

SPARES AND REPAIR PARTS 

149 SPARES AND REPAIR PARTS ........................................................ 473 473 

TOTAL OTHER PROCUREMENT, NAVY ....................... 281,975 236,125 

PROCUREMENT, MARINE CORPS 

TRACKED COMBAT VEHICLES 

002 LAV PIP .............................................................................................. 23,962 23,962 

ARTILLERY AND OTHER WEAPONS 

004 155MM LIGHTWEIGHT TOWED HOWITZER ............................... 16,000 16,000 

005 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ....................... 10,488 10,488 

006 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION .... 27,373 27,373 

GUIDED MISSILES 

010 JAVELIN ............................................................................................. 2,527 2,527 

OTHER SUPPORT 

013 MODIFICATION KITS ...................................................................... 59,730 59,730 

REPAIR AND TEST EQUIPMENT 

015 REPAIR AND TEST EQUIPMENT .................................................. 19,040 19,040 

OTHER SUPPORT (TEL) 

017 MODIFICATION KITS ...................................................................... 2,331 2,331 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

018 ITEMS UNDER $5 MILLION (COMM & ELEC) ............................ 3,090 3,090 

019 AIR OPERATIONS C2 SYSTEMS .................................................... 5,236 5,236 

RADAR + EQUIPMENT (NON-TEL) 

020 RADAR SYSTEMS ............................................................................. 26,506 26,506 

INTELL/COMM EQUIPMENT (NON-TEL) 

021 FIRE SUPPORT SYSTEM ................................................................. 35 35 

022 INTELLIGENCE SUPPORT EQUIPMENT ..................................... 47,132 47,132 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

028 NIGHT VISION EQUIPMENT ......................................................... 9,850 9,850 

OTHER SUPPORT (NON-TEL) 

029 COMMON COMPUTER RESOURCES ............................................ 18,629 18,629 

030 COMMAND POST SYSTEMS ........................................................... 31,491 31,491 

031 RADIO SYSTEMS .............................................................................. 87,027 87,027 

032 COMM SWITCHING & CONTROL SYSTEMS ............................... 54,177 124,177 

Data distribution system modules ............................................. [50,000 ] 

Digital technical control shelters ............................................... [20,000 ] 

033 COMM & ELEC INFRASTRUCTURE SUPPORT .......................... 2,200 2,200 

TACTICAL VEHICLES 

037 MOTOR TRANSPORT MODIFICATIONS ....................................... 95,800 95,800 

038 MEDIUM TACTICAL VEHICLE REPLACEMENT ........................ 392,391 174,391 

Marine Corps requested transfer to line 32 for Data Distribution System.[–50,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1747 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

Marine Corps requested transfer to line 32 for Digital Technical Control System.[–20,000 ] 

Marine Corps requested transfer to line 39 for LVSR ............. [–148,000 ] 

039 LOGISTICS VEHICLE SYSTEM REP ............................................. 38,382 38,382 

040 FAMILY OF TACTICAL TRAILERS ................................................ 24,826 24,826 

ENGINEER AND OTHER EQUIPMENT 

043 ENVIRONMENTAL CONTROL EQUIP ASSORT .......................... 18,775 18,775 

044 BULK LIQUID EQUIPMENT ........................................................... 7,361 7,361 

046 POWER EQUIPMENT ASSORTED ................................................. 51,895 106,895 

Advanced power sources ............................................................. [20,000 ] 

Mobile power equipment ............................................................. [35,000 ] 

048 EOD SYSTEMS .................................................................................. 57,237 57,237 

MATERIALS HANDLING EQUIPMENT 

049 PHYSICAL SECURITY EQUIPMENT ............................................. 42,900 42,900 

051 MATERIAL HANDLING EQUIP ...................................................... 42,553 42,553 

GENERAL PROPERTY 

053 FIELD MEDICAL EQUIPMENT ...................................................... 8,307 8,307 

054 TRAINING DEVICES ........................................................................ 5,200 5,200 

055 CONTAINER FAMILY ....................................................................... 12 12 

056 FAMILY OF CONSTRUCTION EQUIPMENT ................................ 28,533 28,533 

TOTAL PROCUREMENT, MARINE CORPS .................. 1,260,996 1,167,996 

AIRCRAFT PROCUREMENT, AIR FORCE 

HELICOPTERS 

019 V22 OSPREY ....................................................................................... 70,000 0 

Combat Loss funded in FY11 ..................................................... [–70,000 ] 

MISSION SUPPORT AIRCRAFT 

024 HH–60M .............................................................................................. 39,300 39,300 

027 STUASL0 ............................................................................................. 2,472 2,472 

OTHER AIRCRAFT 

034 MQ–9 ................................................................................................... 719,592 

Transfer from Base ...................................................................... [719,592 ] 

AIRLIFT AIRCRAFT 

043 C–5 ....................................................................................................... 59,299 59,299 

OTHER AIRCRAFT 

059 MC–12W .............................................................................................. 17,300 17,300 

063 C–130 ................................................................................................... 164,041 164,041 

064 C–130 INTEL ...................................................................................... 4,600 4,600 

065 C–130J MODS .................................................................................... 27,983 27,983 

067 COMPASS CALL MODS .................................................................... 12,000 12,000 

075 HC/MC–130 MODIFICATIONS ........................................................ 34,000 34,000 

076 OTHER MODIFICATIONS ................................................................ 15,000 15,000 

077 MQ–1 MODS ....................................................................................... 2,800 2,800 

AIRCRAFT SPARES + REPAIR PARTS 

081 FIGHTER/UAV INITIAL SPARES/REPAIR PARTS ....................... 2,800 2,800 

POST PRODUCTION SUPPORT 

090 C–17A .................................................................................................. 10,970 10,970 

WAR CONSUMABLES 

099 WAR CONSUMABLES ...................................................................... 87,220 

Transfer from Base ...................................................................... [87,220 ] 

OTHER PRODUCTION CHARGES 

100 OTHER PRODUCTION CHARGES .................................................. 23,000 23,000 

DARP 

104 U–2 ....................................................................................................... 42,300 13,400 

Sensors ......................................................................................... [–28,900 ] 

TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ..... 527,865 1,235,777 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ........................................................................................... 329 329 

CARTRIDGES 

002 CARTRIDGES ..................................................................................... 8,014 8,014 

BOMBS 

004 GENERAL PURPOSE BOMBS ......................................................... 17,385 17,385 

005 JOINT DIRECT ATTACK MUNITION ............................................ 34,100 34,100 

FLARE, IR MJU–7B 

007 EXPLOSIVE ORDNANCE DISPOSAL (EOD) ................................. 1,200 1,200 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1748 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

FUZES 

011 FLARES ............................................................................................... 11,217 11,217 

012 FUZES ................................................................................................. 8,765 8,765 

SMALL ARMS 

013 SMALL ARMS .................................................................................... 11,500 11,500 

TOTAL PROCUREMENT OF AMMUNITION, AIR 

FORCE.

92,510 92,510 

MISSILE PROCUREMENT, AIR FORCE 

TACTICAL 

005 PREDATOR HELLFIRE MISSILE ................................................... 16,120 16,120 

006 SMALL DIAMETER BOMB .............................................................. 12,300 12,300 

TOTAL MISSILE PROCUREMENT, AIR FORCE ......... 28,420 28,420 

OTHER PROCUREMENT, AIR FORCE 

PASSENGER CARRYING VEHICLES 

001 PASSENGER CARRYING VEHICLES ............................................ 2,658 0 

Unjustified request ...................................................................... [–2,658 ] 

CARGO + UTILITY VEHICLES 

004 ITEMS LESS THAN $5,000,000 (CARGO ........................................ 32,824 0 

Unjustified request ...................................................................... [–32,824 ] 

SPECIAL PURPOSE VEHICLES 

006 ITEMS LESS THAN $5,000,000 (SPECIA ....................................... 110 110 

FIRE FIGHTING EQUIPMENT 

007 FIRE FIGHTING/CRASH RESCUE VEHICLES ............................ 1,662 1,662 

MATERIALS HANDLING EQUIPMENT 

008 ITEMS LESS THAT $5,000,000 ........................................................ 772 772 

BASE MAINTENANCE SUPPORT 

010 ITEMS LESS THAN $5M BASE MAINT/CONST ........................... 13,983 13,983 

COMM SECURITY EQUIPMENT(COMSEC) 

013 AIR FORCE PHYSICAL SECURITY ................................................ 500 500 

ELECTRONICS PROGRAMS 

022 WEATHER OBSERVATION FORECAST ........................................ 1,800 1,800 

025 TAC SIGNIT SPT ............................................................................... 7,020 7,020 

SPCL COMM-ELECTRONICS PROJECTS 

030 AIR FORCE PHYSICAL SECURITY SYSTEM ............................... 25,920 25,920 

ORGANIZATION AND BASE 

049 TACTICAL C-E EQUIPMENT .......................................................... 9,445 9,445 

PERSONAL SAFETY & RESCUE EQUIP 

055 NIGHT VISION GOGGLES ............................................................... 12,900 12,900 

BASE SUPPORT EQUIPMENT 

059 CONTINGENCY OPERATIONS ....................................................... 18,100 18,100 

061 MOBILITY EQUIPMENT .................................................................. 9,800 9,800 

062 ITEMS LESS THAN $5,000,000 (BASE S) ...................................... 8,400 8,400 

SPECIAL SUPPORT PROJECTS 

065 DCGS-AF ............................................................................................. 3,000 3,000 

068 DEFENSE SPACE RECONNAISSANCE PROG. ............................ 64,400 64,400 

CLASSIFIED PROGRAMS 

068A CLASSIFIED PROGRAMS ................................................................ 2,991,347 2,910,698 

Classified Adjustment ................................................................. [–80,649 ] 

TOTAL OTHER PROCUREMENT, AIR FORCE ............ 3,204,641 3,088,510 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

017 TELEPORT PROGRAM ..................................................................... 3,307 3,307 

MAJOR EQUIPMENT, NSA 

043 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) .......... 3,000 3,000 

MAJOR EQUIPMENT, OSD 

046 MAJOR EQUIPMENT, INTELLIGENCE ........................................ 8,300 8,300 

CLASSIFIED PROGRAMS 

048A CLASSIFIED PROGRAMS ................................................................ 101,548 96,548 

Program adjustment .................................................................... [–5,000 ] 

AVIATION PROGRAMS 

050 MH–47 SERVICE LIFE EXTENSION PROGRAM ......................... 40,500 0 

Combat Loss funded in FY11 ..................................................... [–40,500 ] 

051 MH–60 MODERNIZATION PROGRAM ........................................... 7,800 0 

Combat Loss funded in FY11 ..................................................... [–7,800 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1749 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Agreement 

052 NON-STANDARD AVIATION ........................................................... 8,500 8,500 

057 CV–22 MODIFICATION .................................................................... 15,000 0 

Combat Loss funded in FY11 ..................................................... [–15,000 ] 

063 C–130 MODIFICATIONS .................................................................. 4,800 4,800 

AMMUNITION PROGRAMS 

067 ORDNANCE REPLENISHMENT ..................................................... 71,659 71,659 

068 ORDNANCE ACQUISITION ............................................................. 25,400 15,400 

Prior year funding carryover ...................................................... [–10,000 ] 

OTHER PROCUREMENT PROGRAMS 

069 COMMUNICATIONS EQUIPMENT AND ELECTRONICS .......... 2,325 2,325 

070 INTELLIGENCE SYSTEMS ............................................................. 43,558 49,058 

Village Stability Operations [VSO] unfunded requirement ..... [5,500 ] 

071 SMALL ARMS AND WEAPONS ....................................................... 6,488 8,488 

VSO unfunded requirement ........................................................ [2,000 ] 

072 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........ 2,601 2,601 

078 TACTICAL VEHICLES ...................................................................... 15,818 19,818 

VSO unfunded requirement ........................................................ [4,000 ] 

085 AUTOMATION SYSTEMS ................................................................ 13,387 13,387 

087 OPERATIONAL ENHANCEMENTS INTELLIGENCE ................. 5,800 5,800 

088 SOLDIER PROTECTION AND SURVIVAL SYSTEMS ................. 34,900 37,500 

VSO unfunded requirement ........................................................ [2,600 ] 

089 VISUAL AUGMENTATION LASERS AND SENSOR SYSTEMS 3,531 3,531 

090 TACTICAL RADIO SYSTEMS .......................................................... 2,894 2,894 

093 MISCELLANEOUS EQUIPMENT .................................................... 7,220 7,220 

094 OPERATIONAL ENHANCEMENTS ................................................ 41,632 41,632 

TOTAL PROCUREMENT, DEFENSE-WIDE ................... 469,968 405,768 

JOINT URGENT OPERATIONAL NEEDS FUND 

JOINT URGENT OPERATIONAL NEEDS FUND 

001 JOINT URGENT OPERATIONAL NEEDS FUND ......................... 100,000 0 

Unjustified Requirement ............................................................. [–100,000 ] 

TOTAL JOINT URGENT OPERATIONAL NEEDS 

FUND.

100,000 0 

MINE RESISTANT AMBUSH PROT VEH FUND 

MINE RESISTANT AMBUSH PROT VEH FUND 

001 MINE RESISTANT AMBUSH PROT VEH FUND ......................... 3,195,170 2,600,170 

Funds previously provided by Department of Army in FY11 .. [–595,000 ] 

TOTAL MINE RESISTANT AMBUSH PROT VEH 

FUND.

3,195,170 2,600,170 

NATIONAL GUARD & RESERVE EQUIPMENT 

UNDISTRIBUTED 

007 UNDISTRIBUTED ............................................................................. 225,000 

Program Increase ........................................................................ [225,000 ] 

TOTAL NATIONAL GUARD & RESERVE EQUIPMENT.225,000 

TOTAL PROCUREMENT .................................................... 15,021,824 15,084,413 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVAL, 

ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH 21,064 21,064 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1750 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

002 0601102A DEFENSE RESEARCH SCIENCES .................................... 213,942 213,942 

003 0601103A UNIVERSITY RESEARCH INITIATIVES .......................... 80,977 80,977 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 120,937 120,937 

SUBTOTAL BASIC RESEARCH .................................. 436,920 436,920 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY .............................................. 30,258 30,258 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ............ 43,521 43,521 

007 0602122A TRACTOR HIP ...................................................................... 14,230 14,230 

008 0602211A AVIATION TECHNOLOGY ................................................. 44,610 44,610 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ....................... 15,790 15,790 

010 0602303A MISSILE TECHNOLOGY .................................................... 50,685 50,685 

011 0602307A ADVANCED WEAPONS TECHNOLOGY .......................... 20,034 20,034 

012 0602308A ADVANCED CONCEPTS AND SIMULATION .................. 20,933 20,933 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY.64,306 64,306 

014 0602618A BALLISTICS TECHNOLOGY .............................................. 59,214 59,214 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 

TECHNOLOGY.

4,877 4,877 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM .................... 8,244 8,244 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ................ 39,813 39,813 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ............... 62,962 62,962 

019 0602709A NIGHT VISION TECHNOLOGY ......................................... 57,203 55,203 

Program growth adjustment ......................................... [–2,000 ] 

020 0602712A COUNTERMINE SYSTEMS ................................................ 20,280 20,280 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 21,801 21,801 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ................ 20,837 20,837 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY.26,116 26,116 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ............... 8,591 8,591 

025 0602784A MILITARY ENGINEERING TECHNOLOGY .................... 80,317 80,317 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 18,946 18,946 

027 0602786A WARFIGHTER TECHNOLOGY .......................................... 29,835 29,835 

028 0602787A MEDICAL TECHNOLOGY .................................................. 105,929 105,929 

SUBTOTAL APPLIED RESEARCH ............................ 869,332 867,332 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY .................... 52,979 52,979 

030 0603002A MEDICAL ADVANCED TECHNOLOGY ............................ 68,171 68,171 

031 0603003A AVIATION ADVANCED TECHNOLOGY ........................... 62,193 62,193 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY.77,077 77,077 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 

TECHNOLOGY.

106,145 106,145 

034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY.5,312 5,312 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.10,298 10,298 

036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY 57,963 57,963 

037 0603009A TRACTOR HIKE ................................................................... 8,155 8,155 

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS.17,936 17,936 

039 0603020A TRACTOR ROSE ................................................................... 12,597 12,597 

040 0603105A MILITARY HIV RESEARCH ............................................... 6,796 6,796 

041 0603125A COMBATING TERRORISM, TECHNOLOGY DEVELOPMENT.12,191 12,191 

042 0603130A TRACTOR NAIL .................................................................... 4,278 4,278 

043 0603131A TRACTOR EGGS ................................................................... 2,261 2,261 

044 0603270A ELECTRONIC WARFARE TECHNOLOGY ....................... 23,677 23,677 

045 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ... 90,602 90,602 

046 0603322A TRACTOR CAGE ................................................................... 10,315 10,315 

047 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.183,150 183,150 

048 0603606A LANDMINE WARFARE AND BARRIER ADVANCED 

TECHNOLOGY.

31,541 31,541 

049 0603607A JOINT SERVICE SMALL ARMS PROGRAM .................... 7,686 7,686 

050 0603710A NIGHT VISION ADVANCED TECHNOLOGY .................. 42,414 42,414 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1751 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

051 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.15,959 15,959 

052 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY.36,516 36,516 

053 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND 

SENSOR TECHNOLOGY.

30,600 30,600 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.976,812 976,812 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

055 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION(NON SPACE).21,126 9,126 

Excess growth and delays .............................................. [–12,000 ] 

055A 0603XXXA INDIRECT FIRE PROTECTION ......................................... 14,883 14,883 

056 0603308A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 

(SPACE).

9,612 9,612 

058 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 35,383 19,293 

Excess to Army requirement ......................................... [–16,090 ] 

059 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING 

SYS-ADV DEV.

9,501 4,501 

Program growth adjustment ......................................... [–5,000 ] 

060 0603639A TANK AND MEDIUM CALIBER AMMUNITION ............. 39,693 39,693 

061 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ......... 101,408 64,408 

Program growth adjustment ......................................... [–37,000 ] 

062 0603747A SOLDIER SUPPORT AND SURVIVABILITY .................... 9,747 3,843 

Rapid Equipping Force- Lack of baseline requirement [–5,904 ] 

063 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM— 

ADV DEV.

5,766 5,766 

065 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY ................ 4,946 4,946 

066 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL 297,955 182,955 

Program reduction Increment III .................................. [–115,000 ] 

067 0603790A NATO RESEARCH AND DEVELOPMENT ....................... 4,765 4,765 

068 0603801A AVIATION—ADV DEV ......................................................... 7,107 7,107 

069 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 19,509 12,509 

Army requested transfer LAMPS to RDTE Army line 

109.

[–7,000 ] 

070 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM 

EVALUATION AND ANALYSIS.

5,258 5,258 

071 0603807A MEDICAL SYSTEMS—ADV DEV ....................................... 34,997 34,997 

072 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ..... 19,598 19,598 

073 0603850A INTEGRATED BROADCAST SERVICE ............................. 1,496 1,496 

074 0604115A TECHNOLOGY MATURATION INITIATIVES ................. 10,181 10,181 

075 0604131A TRACTOR JUTE ................................................................... 15,609 15,609 

076 0604284A JOINT COOPERATIVE TARGET IDENTIFICATION— 

GROUND (JCTI-G) / TECHNOLOGY DEVELOPME.

41,652 15,052 

Army offered program reduction ................................... [–26,600 ] 

077 0305205A ENDURANCE UAVS ............................................................ 42,892 42,892 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.

753,084 528,490 

SYSTEM DEVELOPMENT & DEMONSTRATION 

078 0604201A AIRCRAFT AVIONICS ......................................................... 144,687 119,687 

JTRS AMF delays and JPALS excessive growth ......... [–25,000 ] 

079 0604220A ARMED, DEPLOYABLE HELOS ........................................ 166,132 82,442 

Army offered program reduction ................................... [–83,690 ] 

080 0604270A ELECTRONIC WARFARE DEVELOPMENT .................... 101,265 34,265 

Army offered program reduction ................................... [–67,000 ] 

082 0604321A ALL SOURCE ANALYSIS SYSTEM ................................... 17,412 7,412 

Machine—Foreign Language Translation System contract delay.[–10,000 ] 

083 0604328A TRACTOR CAGE ................................................................... 26,577 26,577 

084 0604601A INFANTRY SUPPORT WEAPONS ..................................... 73,728 83,474 

S61—High concurrency of incremental efforts ............ [–8,000 ] 

Transfer at Army request from WTCV line 17 ............ [16,046 ] 

Transfer at Army request from WTCV line 20 ............ [1,700 ] 

085 0604604A MEDIUM TACTICAL VEHICLES ....................................... 3,961 3,961 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1752 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

087 0604611A JAVELIN ................................................................................ 17,340 9,940 

Excess to requirement .................................................... [–7,400 ] 

088 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .................... 5,478 5,478 

089 0604633A AIR TRAFFIC CONTROL .................................................... 22,922 22,922 

090 0604642A LIGHT TACTICAL WHEELED VEHICLES ....................... 20,000 

Army requested transfer from RDTE line 109 ............ [20,000 ] 

093 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM 

MGMT.

383,872 298,872 

Unjustified requirement ................................................ [–85,000 ] 

095 0604663A FCS UNMANNED GROUND VEHICLES .......................... 143,840 36,000 

Program adjustment ...................................................... [–107,840 ] 

096 0604664A FCS UNATTENDED GROUND SENSORS ........................ 499 0 

Program termination ...................................................... [–499 ] 

098 0604710A NIGHT VISION SYSTEMS—SDD ....................................... 59,265 59,265 

099 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ... 2,075 2,075 

100 0604715A NON-SYSTEM TRAINING DEVICES—SDD ..................... 30,021 30,021 

101 0604716A TERRAIN INFORMATION—SDD ....................................... 1,596 1,596 

102 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—SDD.83,010 83,010 

103 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.28,305 28,305 

104 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ....... 14,375 14,375 

105 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)— 

SDD.

15,803 15,803 

107 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE 22,226 22,226 

108 0604802A WEAPONS AND MUNITIONS—SDD ................................ 13,828 13,828 

109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—SDD ........ 251,104 173,311 

Army request transfer from RDTE line 69 .................. [7,000 ] 

Army requested transfer to RDTE Army line 90 ........ [–20,000 ] 

Joint Light Tactical Vehicle Schedule Slip .................. [–64,793 ] 

110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—SDD.137,811 81,811 

Excessive growth Joint Battle Command-Platform ..... [–56,000 ] 

111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—SDD.27,160 27,160 

112 0604808A LANDMINE WARFARE/BARRIER—SDD .......................... 87,426 76,326 

Explosive Hazard Pre-Detonation (EHP) Roller contract delay.[–11,100 ] 

113 0604814A ARTILLERY MUNITIONS ................................................... 42,627 37,627 

Program growth adjustment ......................................... [–5,000 ] 

115 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE.123,935 93,935 

Excessive Growth ........................................................... [–30,000 ] 

116 0604820A RADAR DEVELOPMENT .................................................... 2,890 2,890 

117 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM 

(GFEBS).

794 794 

118 0604823A FIREFINDER ........................................................................ 10,358 10,358 

119 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .................... 48,309 61,409 

Transfer at Army request from OPA line 147 ............. [13,100 ] 

120 0604854A ARTILLERY SYSTEMS ........................................................ 120,146 120,146 

121 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP).406,605 390,000 

Program Decrease .......................................................... [–16,605 ] 

122 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR 

NETWORK.

7,398 7,398 

123 0605013A INFORMATION TECHNOLOGY DEVELOPMENT .......... 37,098 32,098 

Unjustified cost growth .................................................. [–5,000 ] 

124 0605018A ARMY INTEGRATED MILITARY HUMAN RESOURCES 

SYSTEM (A-IMHRS).

68,693 68,693 

125 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ..................... 127,095 127,095 

126 0605455A SLAMRAAM .......................................................................... 19,931 1,531 

Excess to program termination requirements ............. [–18,400 ] 

127 0605456A PAC–3/MSE MISSILE .......................................................... 88,993 88,993 

128 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE 

(AIAMD).

270,607 270,607 

129 0605625A MANNED GROUND VEHICLE ........................................... 884,387 449,387 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1753 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

Excessive Technology Ramp-up prior to completion of 

Analysis of Alternatives.

[–435,000 ] 

130 0605626A AERIAL COMMON SENSOR .............................................. 31,465 31,465 

131 0303032A TROJAN—RH12 .................................................................... 3,920 3,920 

132 0304270A ELECTRONIC WARFARE DEVELOPMENT .................... 13,819 13,819 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.4,190,788 3,192,307 

RDT&E MANAGEMENT SUPPORT 

133 0604256A THREAT SIMULATOR DEVELOPMENT .......................... 16,992 16,992 

134 0604258A TARGET SYSTEMS DEVELOPMENT ............................... 11,247 11,247 

135 0604759A MAJOR T&E INVESTMENT ............................................... 49,437 49,437 

136 0605103A RAND ARROYO CENTER ................................................... 20,384 20,384 

137 0605301A ARMY KWAJALEIN ATOLL ............................................... 145,606 145,606 

138 0605326A CONCEPTS EXPERIMENTATION PROGRAM ................ 28,800 28,800 

139 0605502A SMALL BUSINESS INNOVATIVE RESEARCH ............... 0 

140 0605601A ARMY TEST RANGES AND FACILITIES ......................... 262,456 312,456 

Program Increase ........................................................... [50,000 ] 

141 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND 

TARGETS.

70,227 70,227 

142 0605604A SURVIVABILITY/LETHALITY ANALYSIS ....................... 43,483 43,483 

143 0605605A DOD HIGH ENERGY LASER TEST FACILITY ................ 18 18 

144 0605606A AIRCRAFT CERTIFICATION .............................................. 5,630 5,630 

145 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.7,182 7,182 

146 0605706A MATERIEL SYSTEMS ANALYSIS ..................................... 19,669 19,669 

147 0605709A EXPLOITATION OF FOREIGN ITEMS ............................. 5,445 5,445 

148 0605712A SUPPORT OF OPERATIONAL TESTING ......................... 68,786 68,786 

149 0605716A ARMY EVALUATION CENTER .......................................... 63,302 63,302 

150 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & 

INTEG.

3,420 3,420 

151 0605801A PROGRAMWIDE ACTIVITIES ............................................ 83,054 83,054 

152 0605803A TECHNICAL INFORMATION ACTIVITIES ...................... 63,872 58,872 

Program Reduction ......................................................... [–5,000 ] 

153 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS 

AND SAFETY.

57,142 57,142 

154 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 

SUPPORT.

4,961 4,961 

155 0605898A MANAGEMENT HQ—R&D ................................................. 17,558 17,558 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 1,048,671 1,093,671 

OPERATIONAL SYSTEMS DEVELOPMENT 

158 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ............... 66,641 66,641 

159 0603820A WEAPONS CAPABILITY MODIFICATIONS UAV ........... 24,142 7,500 

Excess funds only to the analysis of alternatives ........ [–16,642 ] 

160 0102419A AEROSTAT JOINT PROJECT OFFICE ............................. 344,655 327,855 

Excess program growth .................................................. [–16,800 ] 

162 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM .... 29,546 29,546 

163 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ........ 53,307 36,207 

AMPV .............................................................................. [–17,100 ] 

164 0203740A MANEUVER CONTROL SYSTEM ...................................... 65,002 42,414 

Unjustified program growth .......................................... [–22,588 ] 

165 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.163,205 149,705 

Excess funds to Black Hawk Recapitalization/Modernization for analysis of alternatives.[–13,500 ] 

166 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

823 823 

167 0203758A DIGITIZATION ...................................................................... 8,029 8,029 

169 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 

PROGRAM.

44,560 54,560 

Transfer at Army Request from MPA line 13 .............. [10,000 ] 

171 0203808A TRACTOR CARD ................................................................... 42,554 42,554 

172 0208053A JOINT TACTICAL GROUND SYSTEM .............................. 27,630 27,630 

173 0208058A JOINT HIGH SPEED VESSEL (JHSV) .............................. 3,044 3,044 

175 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .............. 2,854 2,854 

176 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ......... 61,220 61,220 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1754 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

177 0303141A GLOBAL COMBAT SUPPORT SYSTEM ........................... 100,505 160,745 

Army requested transfer for AESIP from OPA line 

116.

[13,000 ] 

Army requested transfer for GCSS-Army from OPA 

line 116.

[47,240 ] 

178 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ................ 12,104 12,104 

179 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM.23,937 23,937 

181 0305204A TACTICAL UNMANNED AERIAL VEHICLES ................. 40,650 26,550 

Contract award delays ................................................... [–14,100 ] 

182 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.44,198 31,699 

Unjustified requirements growth .................................. [–12,499 ] 

183 0305219A MQ–1 SKY WARRIOR A UAV ............................................. 137,038 122,038 

Excessive growth ............................................................ [–15,000 ] 

184 0305232A RQ–11 UAV ............................................................................ 1,938 1,938 

185 0305233A RQ–7 UAV .............................................................................. 31,940 31,940 

187 0307665A BIOMETRICS ENABLED INTELLIGENCE ...................... 15,018 15,018 

188 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.59,297 59,297 

188A 9999999999 CLASSIFIED PROGRAMS ................................................... 4,536 4,536 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.1,408,373 1,350,384 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, ARMY.

9,683,980 8,445,916 

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES .......................... 113,157 113,157 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 18,092 18,092 

003 0601153N DEFENSE RESEARCH SCIENCES .................................... 446,123 446,123 

SUBTOTAL BASIC RESEARCH .................................. 577,372 577,372 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ................. 104,804 104,804 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ................. 156,901 156,901 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ..... 44,845 44,845 

008 0602235N COMMON PICTURE APPLIED RESEARCH .................... 65,448 65,448 

009 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 101,205 101,205 

010 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 108,329 108,329 

011 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED 

RESEARCH.

50,076 50,076 

012 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.5,937 5,937 

013 0602747N UNDERSEA WARFARE APPLIED RESEARCH ............... 108,666 108,666 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED 

RESEARCH.

37,583 37,583 

SUBTOTAL APPLIED RESEARCH ............................ 783,794 783,794 

ADVANCED TECHNOLOGY DEVELOPMENT 

015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...... 114,270 114,270 

016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 64,057 45,234 

Excess MRMUAS funding ............................................. [–18,823 ] 

017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ......... 49,068 49,068 

018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY.71,232 71,232 

019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY.102,535 102,535 

020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION 

(ATD).

124,324 124,324 

021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.11,286 11,286 

022 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.18,119 18,119 

023 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY .... 37,121 37,121 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1755 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.50,157 50,157 

025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED 

TECHNOLOGY.

6,048 6,048 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.648,217 629,394 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

026 0603207N AIR/OCEAN TACTICAL APPLICATIONS ......................... 94,972 84,972 

JMAPS unjustified request ............................................ [–10,000 ] 

027 0603216N AVIATION SURVIVABILITY .............................................. 10,893 10,893 

028 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ....... 3,702 3,702 

029 0603251N AIRCRAFT SYSTEMS .......................................................... 10,497 10,497 

030 0603254N ASW SYSTEMS DEVELOPMENT ...................................... 7,915 7,915 

031 0603261N TACTICAL AIRBORNE RECONNAISSANCE ................... 5,978 5,978 

032 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .......... 1,418 1,418 

033 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.142,657 127,757 

Program execution .......................................................... [–8,900 ] 

UUV program delay ....................................................... [–6,000 ] 

034 0603506N SURFACE SHIP TORPEDO DEFENSE ............................. 118,764 118,764 

035 0603512N CARRIER SYSTEMS DEVELOPMENT .............................. 54,072 54,072 

037 0603525N PILOT FISH ........................................................................... 96,012 96,012 

038 0603527N RETRACT LARCH ................................................................ 73,421 73,421 

039 0603536N RETRACT JUNIPER ............................................................ 130,267 130,267 

040 0603542N RADIOLOGICAL CONTROL ............................................... 1,338 1,338 

041 0603553N SURFACE ASW ..................................................................... 29,797 29,797 

042 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ... 856,326 856,326 

043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .............. 9,253 9,253 

044 0603563N SHIP CONCEPT ADVANCED DESIGN ............................. 14,308 14,308 

045 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES.22,213 22,213 

046 0603570N ADVANCED NUCLEAR POWER SYSTEMS ..................... 463,683 463,683 

047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ............ 18,249 18,249 

048 0603576N CHALK EAGLE ..................................................................... 584,159 584,159 

049 0603581N LITTORAL COMBAT SHIP (LCS) ...................................... 286,784 282,784 

Defer development of Irregular Warfare mission 

package.

[–4,000 ] 

050 0603582N COMBAT SYSTEM INTEGRATION ................................... 34,157 34,157 

051 0603609N CONVENTIONAL MUNITIONS ......................................... 4,753 4,753 

052 0603611M MARINE CORPS ASSAULT VEHICLES ........................... 12,000 12,000 

053 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM.79,858 54,981 

Joint Light Tactical Vehicle Schedule Slip .................. [–24,877 ] 

054 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.33,654 33,654 

055 0603658N COOPERATIVE ENGAGEMENT ........................................ 54,783 54,783 

056 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.9,996 9,996 

057 0603721N ENVIRONMENTAL PROTECTION .................................... 21,714 21,714 

058 0603724N NAVY ENERGY PROGRAM ................................................ 70,538 70,538 

059 0603725N FACILITIES IMPROVEMENT ............................................ 3,754 3,754 

060 0603734N CHALK CORAL ..................................................................... 79,415 79,415 

061 0603739N NAVY LOGISTIC PRODUCTIVITY .................................... 4,137 4,137 

062 0603746N RETRACT MAPLE ................................................................ 276,383 276,383 

063 0603748N LINK PLUMERIA ................................................................. 52,721 52,721 

064 0603751N RETRACT ELM ..................................................................... 160,964 150,964 

Classified adjustment ..................................................... [–10,000 ] 

066 0603764N LINK EVERGREEN .............................................................. 144,985 144,985 

067 0603787N SPECIAL PROCESSES ........................................................ 43,704 43,704 

068 0603790N NATO RESEARCH AND DEVELOPMENT ....................... 9,140 9,140 

069 0603795N LAND ATTACK TECHNOLOGY ......................................... 421 421 

070 0603851M NONLETHAL WEAPONS .................................................... 40,992 40,992 

071 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS.121,455 118,255 

Excess management services funding .......................... [–3,200 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1756 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

075 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).64,107 64,107 

076 0604279N ASE SELF-PROTECTION OPTIMIZATION ...................... 711 711 

077 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW).62,044 62,044 

078 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM.22,665 3,450 

Excess support funding .................................................. [–1,000 ] 

FMU–164 fuze program termination ............................ [–18,215 ] 

079 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.33,621 33,621 

080 0303354N ASW SYSTEMS DEVELOPMENT—MIP ........................... 1,078 1,078 

082 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP .......... 625 625 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.4,481,053 4,394,861 

SYSTEM DEVELOPMENT & DEMONSTRATION 

083 0604212N OTHER HELO DEVELOPMENT ........................................ 35,651 42,651 

Navy requested transfer from line 98 for VH–3/VH– 

60 sustainment.

[7,000 ] 

084 0604214N AV–8B AIRCRAFT—ENG DEV ........................................... 30,676 30,676 

085 0604215N STANDARDS DEVELOPMENT .......................................... 51,191 49,491 

Collision avoidance safety program delay .................... [–1,700 ] 

086 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.17,673 17,673 

087 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ..................... 5,922 5,922 

088 0604221N P–3 MODERNIZATION PROGRAM ................................... 3,417 3,417 

089 0604230N WARFARE SUPPORT SYSTEM .......................................... 9,944 9,944 

090 0604231N TACTICAL COMMAND SYSTEM ....................................... 81,257 77,257 

NTCSS--reduce program growth ................................... [–4,000 ] 

091 0604234N ADVANCED HAWKEYE ...................................................... 110,994 110,994 

092 0604245N H–1 UPGRADES ................................................................... 72,569 67,569 

Development support funding growth .......................... [–5,000 ] 

093 0604261N ACOUSTIC SEARCH SENSORS ......................................... 56,509 48,898 

High Altitude ASW program delay ............................... [–1,611 ] 

Management services funding growth .......................... [–6,000 ] 

094 0604262N V–22A ..................................................................................... 84,477 84,477 

095 0604264N AIR CREW SYSTEMS DEVELOPMENT ........................... 3,249 3,249 

096 0604269N EA–18 ..................................................................................... 17,100 17,100 

097 0604270N ELECTRONIC WARFARE DEVELOPMENT .................... 89,418 89,418 

098 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ................ 180,070 60,770 

Early to need .................................................................. [–76,300 ] 

Navy requested transfer to APN line 47 ...................... [–24,000 ] 

Navy requested transfer to APN line 62 ...................... [–12,000 ] 

Navy requested transfer to line 83 ............................... [–7,000 ] 

099 0604274N NEXT GENERATION JAMMER (NGJ) .............................. 189,919 170,919 

Technology Development late contract award ............. [–19,000 ] 

100 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).688,146 676,146 

HMS capability enhancements unjustified request ..... [–60,000 ] 

Management services funding growth .......................... [–3,000 ] 

Transfer from OP,A line 39 for GMR correction of deficiencies.[51,000 ] 

101 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.223,283 223,283 

102 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...................... 884 884 

103 0604329N SMALL DIAMETER BOMB (SDB) ...................................... 47,635 29,635 

Defer Integration on Joint Strike Fighter .................... [–18,000 ] 

104 0604366N STANDARD MISSILE IMPROVEMENTS .......................... 46,705 46,705 

105 0604373N AIRBORNE MCM .................................................................. 41,142 41,142 

106 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER 

AIR SYSTEMS ENGINEERING.

24,898 24,898 

107 0604404N FUTURE UNMANNED CARRIER-BASED STRIKE SYSTEM.121,150 75,700 

Delay to Technology Development contract award ..... [–45,450 ] 

108 0604501N ADVANCED ABOVE WATER SENSORS ........................... 60,790 60,790 

108A 0604XXXN AIR AND MISSILE DEFENSE RADAR ............................. 166,568 166,568 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1757 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

109 0604503N SSN–688 AND TRIDENT MODERNIZATION ................... 100,591 95,671 

TB–33 program cancellation .......................................... [–4,920 ] 

110 0604504N AIR CONTROL ...................................................................... 5,521 5,521 

111 0604512N SHIPBOARD AVIATION SYSTEMS ................................... 45,445 45,445 

112 0604518N COMBAT INFORMATION CENTER CONVERSION ....... 3,400 3,400 

113 0604558N NEW DESIGN SSN ............................................................... 97,235 97,235 

114 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ................ 48,466 48,466 

115 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E .................. 161,099 121,099 

Ship-to-Shore Connector--contract award delay .......... [–40,000 ] 

116 0604574N NAVY TACTICAL COMPUTER RESOURCES .................. 3,848 3,848 

117 0604601N MINE DEVELOPMENT ....................................................... 3,933 3,933 

118 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT .................. 32,592 32,592 

119 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.9,960 9,960 

120 0604703N PERSONNEL, TRAINING, SIMULATION, AND 

HUMAN FACTORS.

12,992 12,992 

121 0604727N JOINT STANDOFF WEAPON SYSTEMS .......................... 7,506 7,506 

122 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) .............. 71,222 71,222 

123 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) .............. 6,631 6,631 

124 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ........ 184,095 184,095 

125 0604761N INTELLIGENCE ENGINEERING ...................................... 2,217 2,217 

126 0604771N MEDICAL DEVELOPMENT ................................................ 12,984 12,984 

127 0604777N NAVIGATION/ID SYSTEM .................................................. 50,178 39,378 

Mode 5 program delay ................................................... [–10,800 ] 

128 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ............................ 670,723 651,786 

Block IV development ahead of need ............................ [–18,937 ] 

129 0604800N JOINT STRIKE FIGHTER (JSF) ......................................... 677,486 658,549 

Block IV development ahead of need ............................ [–18,937 ] 

130 0605013M INFORMATION TECHNOLOGY DEVELOPMENT .......... 27,461 19,461 

Prgram underexecution ................................................. [–8,000 ] 

131 0605013N INFORMATION TECHNOLOGY DEVELOPMENT .......... 58,764 29,764 

Reduction to fourth quarter contract awards .............. [–29,000 ] 

132 0605018N NAVY INTEGRATED MILITARY HUMAN RESOURCES 

SYSTEM (N-IMHRS).

55,050 55,050 

133 0605212N CH–53K RDTE ...................................................................... 629,461 624,461 

Management services funding growth .......................... [–5,000 ] 

135 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ..................... 118,395 108,395 

Program delay ................................................................ [–10,000 ] 

136 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ........... 622,713 608,713 

Increment 3–-development ahead of need .................... [–14,000 ] 

138 0204202N DDG–1000 .............................................................................. 261,604 257,604 

Government technical services growth ......................... [–4,000 ] 

139 0304231N TACTICAL COMMAND SYSTEM—MIP ............................ 979 979 

141 0304785N TACTICAL CRYPTOLOGIC SYSTEMS .............................. 31,740 31,740 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.6,475,528 6,086,873 

RDT&E MANAGEMENT SUPPORT 

142 0604256N THREAT SIMULATOR DEVELOPMENT .......................... 28,318 28,318 

143 0604258N TARGET SYSTEMS DEVELOPMENT ............................... 44,700 44,700 

144 0604759N MAJOR T&E INVESTMENT ............................................... 37,957 37,957 

145 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION.2,970 2,970 

146 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ................. 23,454 17,454 

Reduction to growth ....................................................... [–6,000 ] 

147 0605154N CENTER FOR NAVAL ANALYSES .................................... 47,127 47,127 

148 0605502N SMALL BUSINESS INNOVATIVE RESEARCH ............... 10 10 

149 0605804N TECHNICAL INFORMATION SERVICES ......................... 571 571 

150 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL 

SUPPORT.

68,301 58,301 

OASUW--defer new start ............................................... [–10,000 ] 

151 0605856N STRATEGIC TECHNICAL SUPPORT ................................ 3,277 3,277 

152 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT.73,917 73,917 

153 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ........................ 136,531 136,531 

154 0605864N TEST AND EVALUATION SUPPORT ................................ 335,367 335,367 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1758 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

155 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY.16,634 16,634 

156 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) 

SUPPORT.

4,228 4,228 

157 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 7,642 7,642 

158 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ................ 25,655 25,655 

159 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES .......................... 2,764 2,764 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 859,423 843,423 

OPERATIONAL SYSTEMS DEVELOPMENT 

164 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT.

198,298 198,298 

165 0604717M MARINE CORPS COMBAT SERVICES SUPPORT .......... 400 400 

166 0604766M MARINE CORPS DATA SYSTEMS .................................... 1,650 1,650 

167 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ..... 88,873 88,873 

168 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ................. 33,553 33,553 

169 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 6,360 6,360 

170 0101402N NAVY STRATEGIC COMMUNICATIONS ......................... 23,208 23,208 

171 0203761N RAPID TECHNOLOGY TRANSITION (RTT) .................... 30,021 30,021 

172 0204136N F/A–18 SQUADRONS ........................................................... 151,030 145,161 

Radar upgrade program delay ...................................... [–5,869 ] 

173 0204152N E–2 SQUADRONS ................................................................. 6,696 6,696 

174 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ............. 1,739 1,739 

175 0204228N SURFACE SUPPORT ........................................................... 3,377 3,377 

176 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING 

CENTER (TMPC).

8,819 8,819 

177 0204311N INTEGRATED SURVEILLANCE SYSTEM ....................... 21,259 21,259 

178 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).5,214 5,214 

179 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.42,244 42,244 

180 0204574N CRYPTOLOGIC DIRECT SUPPORT .................................. 1,447 1,447 

181 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 18,142 18,142 

182 0205601N HARM IMPROVEMENT ...................................................... 11,147 11,147 

183 0205604N TACTICAL DATA LINKS ..................................................... 69,224 69,224 

184 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ...... 22,010 22,010 

185 0205632N MK–48 ADCAP ...................................................................... 39,288 39,288 

186 0205633N AVIATION IMPROVEMENTS ............................................. 123,012 100,423 

Cancelation of Multi-Purpose Bomb Racks Program .. [–22,589 ] 

187 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ...................... 1,957 1,957 

188 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ............... 82,705 82,705 

189 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .......... 320,864 320,864 

190 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING 

ARMS SYSTEMS.

209,396 184,396 

Amphibious Combat Vehicle (non-add) 

Excess funds for Marine Personnel Carrier & AAV 

Upgrade.

[–25,000 ] 

191 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .......... 45,172 27,072 

Program execution .......................................................... [–18,100 ] 

192 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP).14,101 14,101 

193 0207161N TACTICAL AIM MISSILES ................................................. 8,765 8,765 

194 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

2,913 2,913 

195 0208058N JOINT HIGH SPEED VESSEL (JHSV) .............................. 4,108 4,108 

200 0303109N SATELLITE COMMUNICATIONS (SPACE) ..................... 263,712 263,712 

201 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE 

SERVICES (CANES).

12,906 24,906 

Transfer from CANES (OPN 68) per USN request ..... [12,000 ] 

202 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ......... 25,229 25,229 

203 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM.1,250 1,250 

204 0303238N CONSOLIDATED AFLOAT NETWORK ENTERPRISE 

SERVICES (CANES)—MIP.

6,602 6,602 

206 0305149N COBRA JUDY ........................................................................ 40,605 40,605 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1759 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

207 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORSSPACE (METOC).904 904 

208 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.4,099 4,099 

209 0305204N TACTICAL UNMANNED AERIAL VEHICLES ................. 9,353 9,353 

210 0305206N AIRBORNE RECONNAISSANCE SYSTEMS .................... 0 

212 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.23,785 23,785 

213 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.25,487 25,487 

214 0305220N RQ–4 UAV .............................................................................. 548,482 548,482 

215 0305231N MQ–8 UAV ............................................................................. 108,248 108,248 

216 0305232M RQ–11 UAV ............................................................................ 979 979 

217 0305233N RQ–7 UAV .............................................................................. 872 872 

219 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .............. 22,698 21,398 

Excess support funding .................................................. [–1,300 ] 

220 0305237N MEDIUM RANGE MARITIME UAS ................................... 15,000 15,000 

221 0305239M RQ–21A .................................................................................. 26,301 24,201 

Program delays ............................................................... [–2,100 ] 

223 0308601N MODELING AND SIMULATION SUPPORT ..................... 8,292 8,292 

224 0702207N DEPOT MAINTENANCE (NON-IF) .................................... 21,609 21,609 

226 0708011N INDUSTRIAL PREPAREDNESS ......................................... 54,031 54,031 

227 0708730N MARITIME TECHNOLOGY (MARITECH) ........................ 5,000 5,000 

227A 9999999999 CLASSIFIED PROGRAMS ................................................... 1,308,608 1,306,945 

Classified Adjustment .................................................... [–1,663 ] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.4,131,044 4,066,423 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, NAVY.

17,956,431 17,382,140 

RESEARCH, DEVELOPMENT, TEST & EVAL, AF 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES .................................... 364,328 364,328 

002 0601103F UNIVERSITY RESEARCH INITIATIVES .......................... 140,273 140,273 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ........ 14,258 14,258 

SUBTOTAL BASIC RESEARCH .................................. 518,859 518,859 

APPLIED RESEARCH 

004 0602102F MATERIALS .......................................................................... 136,230 136,230 

005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ....................... 147,628 147,628 

006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ......... 86,663 86,663 

007 0602203F AEROSPACE PROPULSION ............................................... 207,508 207,508 

008 0602204F AEROSPACE SENSORS ...................................................... 134,787 134,787 

009 0602601F SPACE TECHNOLOGY ........................................................ 115,285 115,285 

010 0602602F CONVENTIONAL MUNITIONS ......................................... 60,692 60,692 

011 0602605F DIRECTED ENERGY TECHNOLOGY ............................... 111,156 111,156 

012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS.127,866 127,866 

013 0602890F HIGH ENERGY LASER RESEARCH ................................. 54,059 54,059 

SUBTOTAL APPLIED RESEARCH ............................ 1,181,874 1,181,874 

ADVANCED TECHNOLOGY DEVELOPMENT 

014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ..... 39,738 48,238 

Program Increase—Metals Affordability Initiative ..... [8,500 ] 

015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 5,780 5,780 

016 0603203F ADVANCED AEROSPACE SENSORS ................................ 53,075 53,075 

017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ....................... 67,474 67,474 

018A 0603XXXF FUELS .................................................................................... 6,770 6,770 

018B 0603XXXF POWER TECHNOLOGY ...................................................... 5,747 5,747 

018C 0603XXXF PROPULSION ....................................................................... 80,833 80,833 

018D 0603XXXF ROCKET PROPULSION ...................................................... 27,603 27,603 

019 0603270F ELECTRONIC COMBAT TECHNOLOGY .......................... 22,268 22,268 

020 0603401F ADVANCED SPACECRAFT TECHNOLOGY .................... 74,636 74,636 

021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ........... 13,555 13,555 

022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.25,319 25,319 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1760 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ................. 54,042 45,542 

High Velocity Penetrating Weapon—ahead of need .... [–8,500 ] 

024 0603605F ADVANCED WEAPONS TECHNOLOGY .......................... 28,683 28,683 

025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ............. 40,103 40,103 

026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND 

DEMONSTRATION.

38,656 38,656 

027 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY 

PROGRAM.

1,122 1,122 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.585,404 585,404 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT .............. 4,013 4,013 

029 0603287F PHYSICAL SECURITY EQUIPMENT ................................ 3,586 3,586 

031 0603430F ADVANCED EHF MILSATCOM (SPACE) ......................... 421,687 401,687 

Excess to need—poor justification ................................ [–20,000 ] 

032 0603432F POLAR MILSATCOM (SPACE) ........................................... 122,991 102,991 

Development schedule delay ......................................... [–20,000 ] 

033 0603438F SPACE CONTROL TECHNOLOGY .................................... 45,755 45,755 

034 0603742F COMBAT IDENTIFICATION TECHNOLOGY .................. 38,496 38,496 

035 0603790F NATO RESEARCH AND DEVELOPMENT ....................... 4,424 4,424 

036 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ............ 642 642 

037 0603830F SPACE PROTECTION PROGRAM (SPP) ........................... 9,819 7,319 

Excess to need ................................................................ [–2,500 ] 

038 0603850F INTEGRATED BROADCAST SERVICE ............................. 20,046 20,046 

039 0603851F INTERCONTINENTAL BALLISTIC MISSILE .................. 67,202 69,702 

Program increase ............................................................ [2,500 ] 

040 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) .......... 12,804 12,804 

041 0603859F POLLUTION PREVENTION ............................................... 2,075 2,075 

042 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS.20,112 20,112 

043 0604015F NEXT GENERATION BOMBER ......................................... 197,023 197,023 

044 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT.60,250 31,250 

3DELRR Contract Delays .............................................. [–29,000 ] 

045 0604317F TECHNOLOGY TRANSFER ................................................ 2,553 2,553 

046 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM.38,248 33,248 

Program reduction .......................................................... [–5,000 ] 

047 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ........... 29,759 29,759 

048 0604337F REQUIREMENTS ANALYSIS AND MATURATION ........ 24,217 24,217 

049 0604436F NEXT-GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT.0 

050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT 24,467 24,467 

053 0604857F OPERATIONALLY RESPONSIVE SPACE ........................ 86,543 86,543 

054 0604858F TECH TRANSITION PROGRAM ........................................ 2,773 2,773 

055 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS).444,900 43,000 

DWSS program termination .......................................... [–444,900 ] 

Termination liability ...................................................... [43,000 ] 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.1,684,385 1,208,485 

SYSTEM DEVELOPMENT & DEMONSTRATION 

056 0603840F GLOBAL BROADCAST SERVICE (GBS) ........................... 5,680 5,680 

057 0604222F NUCLEAR WEAPONS SUPPORT ...................................... 18,538 18,538 

058 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 21,780 21,780 

059 0604270F ELECTRONIC WARFARE DEVELOPMENT ..................... 26,880 16,880 

MALD-J Increment 2–-Technology Development Contract Delay.[–10,000 ] 

061 0604281F TACTICAL DATA NETWORKS ENTERPRISE ................. 52,355 48,105 

CLIP--Contract Delays ................................................... [–1,250 ] 

STRATCOM DNC2 Contract Delays ............................ [–3,000 ] 

062 0604287F PHYSICAL SECURITY EQUIPMENT ................................ 51 51 

063 0604329F SMALL DIAMETER BOMB (SDB) ...................................... 132,891 132,891 

064 0604421F COUNTERSPACE SYSTEMS .............................................. 31,913 31,913 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1761 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

065 0604425F SPACE SITUATION AWARENESS SYSTEMS ................. 273,689 241,089 

Space Based Space Surveillance excess to need .......... [–12,600 ] 

Space Fence—poor justification .................................... [–20,000 ] 

066 0604429F AIRBORNE ELECTRONIC ATTACK ................................. 47,100 41,000 

AEA SoS--Contract Delays ............................................ [–2,600 ] 

Electronic Attack Pod--Delayed Start ........................... [–3,500 ] 

067 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH 

EMD.

621,629 621,629 

069 0604602F ARMAMENT/ORDNANCE DEVELOPMENT .................... 10,055 7,755 

Universal Armament Interface Contract Delay ........... [–2,300 ] 

070 0604604F SUBMUNITIONS .................................................................. 2,427 2,427 

071 0604617F AGILE COMBAT SUPPORT ................................................ 11,878 7,978 

BEAR--Ahead of Need .................................................... [–3,900 ] 

073 0604706F LIFE SUPPORT SYSTEMS .................................................. 11,280 9,280 

Integrated Aircrew Ensemble--Contract Award 

Delays.

[–2,000 ] 

074 0604735F COMBAT TRAINING RANGES ........................................... 28,106 8,106 

Air Combat Training Systems (P5) Upgrades--Contract Delay.[–8,000 ] 

Joint Threat Emitter Increment 2–-Rephased Program.[–12,000 ] 

075 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A).10 10 

076 0604750F INTELLIGENCE EQUIPMENT .......................................... 995 995 

077 0604800F JOINT STRIKE FIGHTER (JSF) ......................................... 1,387,926 1,387,926 

078 0604851F INTERCONTINENTAL BALLISTIC MISSILE .................. 158,477 148,477 

Support Equipment—contract savings ......................... [–10,000 ] 

079 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE).20,028 15,028 

Program underexecution due to schedule delay .......... [–5,000 ] 

080 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT 877,084 877,084 

081 0605229F CSAR HH–60 RECAPITALIZATION .................................. 94,113 11,000 

Budget Adjustment per Air Force Request to APAF– 

63.

[–10,400 ] 

Budget Adjustment per Air Force Request to APAF– 

73.

[–54,600 ] 

Program Reduction ......................................................... [–18,113 ] 

083 0605278F HC/MC–130 RECAP RDT&E ............................................... 27,071 22,071 

Contract Savings ............................................................ [–5,000 ] 

085 0101125F NUCLEAR WEAPONS MODERNIZATION ....................... 93,867 93,867 

086 0207100F LIGHT ATTACK ARMED RECONNAISSANCE (LAAR) 

SQUADRONS.

23,721 13,721 

Program reduction .......................................................... [–10,000 ] 

088 0207701F FULL COMBAT MISSION TRAINING .............................. 39,826 29,826 

Block 40/50 Mission Training Center--Excess to need [–10,000 ] 

089 0401138F JOINT CARGO AIRCRAFT (JCA) ....................................... 27,089 27,089 

090 0401318F CV–22 ..................................................................................... 20,723 13,223 

Contract Delay ................................................................ [–7,500 ] 

091 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ....................... 12,535 0 

Program Termination ..................................................... [–12,535 ] 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.4,079,717 3,855,419 

RDT&E MANAGEMENT SUPPORT 

092 0604256F THREAT SIMULATOR DEVELOPMENT .......................... 22,420 22,420 

093 0604759F MAJOR T&E INVESTMENT ............................................... 62,206 62,206 

094 0605101F RAND PROJECT AIR FORCE ............................................. 27,579 27,579 

096 0605712F INITIAL OPERATIONAL TEST & EVALUATION ........... 17,767 17,767 

097 0605807F TEST AND EVALUATION SUPPORT ................................ 654,475 704,475 

Program Increase ........................................................... [50,000 ] 

098 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ....... 158,096 158,096 

099 0605864F SPACE TEST PROGRAM (STP) .......................................... 47,926 47,926 

100 0605976F FACILITIES RESTORATION AND MODERNIZATION— 

TEST AND EVALUATION SUPPORT.

44,547 44,547 

101 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.27,953 27,953 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1762 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

102 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE.13,953 13,953 

103 0702806F ACQUISITION AND MANAGEMENT SUPPORT ............. 31,966 31,966 

104 0804731F GENERAL SKILL TRAINING ............................................. 1,510 1,510 

106 1001004F INTERNATIONAL ACTIVITIES ......................................... 3,798 3,798 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 1,114,196 1,164,196 

OPERATIONAL SYSTEMS DEVELOPMENT 

107 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL 

CONTROL SEGMENT.

390,889 366,889 

Slow execution ................................................................ [–24,000 ] 

108 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ....... 5,365 5,365 

109 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM 

(AF-IPPS).

91,866 91,866 

110 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 35,467 35,467 

112 0101113F B–52 SQUADRONS ............................................................... 133,261 93,996 

1760 IWBU contract delays ........................................... [–10,000 ] 

EHF contract delays ....................................................... [–13,000 ] 

IFF Mode S/5 Development contract delays ................ [–5,000 ] 

SR2 excess to requirement ............................................ [–11,265 ] 

113 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ................... 803 803 

114 0101126F B–1B SQUADRONS .............................................................. 33,011 33,011 

115 0101127F B–2 SQUADRONS ................................................................. 340,819 280,319 

Delay in EHF communications development due to 

FAB-T delay.

[–60,500 ] 

116 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ...... 23,072 23,072 

117 0101314F NIGHT FIST—USSTRATCOM ............................................ 5,421 2,000 

Program Termination ..................................................... [–3,421 ] 

119 0102325F ATMOSPHERIC EARLY WARNING SYSTEM .................. 4,485 0 

Unjustified request ......................................................... [–4,485 ] 

120 0102326F REGION/SECTOR OPERATION CONTROL CENTER 

MODERNIZATION PROGRAM.

12,672 6,672 

BCS-F excess to requirement ........................................ [–6,000 ] 

121 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM 

ACTIVITIES.

14 14 

122 0203761F WARFIGHTER RAPID ACQUISITION PROCESS 

(WRAP) RAPID TRANSITION FUND.

19,934 19,934 

123 0205219F MQ–9 UAV ............................................................................. 146,824 126,824 

Contract Delays .............................................................. [–20,000 ] 

125 0207131F A–10 SQUADRONS ............................................................... 11,051 11,051 

126 0207133F F–16 SQUADRONS ............................................................... 143,869 131,069 

SLEP Contract Delay ..................................................... [–12,800 ] 

127 0207134F F–15E SQUADRONS ............................................................ 207,531 194,831 

ADCP--Excess to Requirement ...................................... [–12,700 ] 

128 0207136F MANNED DESTRUCTIVE SUPPRESSION ...................... 13,253 13,253 

129 0207138F F–22A SQUADRONS ............................................................ 718,432 571,432 

Program Growth ............................................................. [–147,000 ] 

130 0207142F F–35 SQUADRONS ............................................................... 47,841 9,967 

Block IV Development--Ahead of need ......................... [–37,874 ] 

131 0207161F TACTICAL AIM MISSILES ................................................. 8,023 8,023 

132 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

77,830 77,830 

133 0207170F JOINT HELMET MOUNTED CUEING SYSTEM 

(JHMCS).

1,436 1,436 

134 0207224F COMBAT RESCUE AND RECOVERY ............................... 2,292 2,292 

135 0207227F COMBAT RESCUE—PARARESCUE .................................. 927 927 

136 0207247F AF TENCAP ........................................................................... 20,727 20,727 

137 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ......... 3,128 3,128 

138 0207253F COMPASS CALL ................................................................... 18,509 18,509 

139 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

182,967 172,967 

Excess to Requirement ................................................... [–10,000 ] 

141 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE 

(JASSM).

5,796 5,796 

142 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ................. 121,880 121,880 

143 0207412F CONTROL AND REPORTING CENTER (CRC) ................ 3,954 3,954 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1763 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

144 0207417F AIRBORNE WARNING AND CONTROL SYSTEM 

(AWACS).

135,961 118,661 

Poor program execution ................................................. [–17,300 ] 

145 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ................. 8,309 8,309 

146 0207423F ADVANCED COMMUNICATIONS SYSTEMS .................. 90,083 44,883 

Common Processing Environment--Schedule Delays .. [–40,000 ] 

JTRS Integration and Engineering Support--Schedule 

Delays.

[–5,200 ] 

148 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES .. 5,428 5,428 

149 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ............. 15,528 15,528 

150 0207444F TACTICAL AIR CONTROL PARTY-MOD .......................... 15,978 9,678 

JETS Contract Delays .................................................... [–2,000 ] 

VCS--Program Termination and Restructure .............. [–4,300 ] 

152 0207448F C2ISR TACTICAL DATA LINK ........................................... 1,536 1,536 

153 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ..... 18,102 18,102 

154 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR 

SYSTEM (JSTARS).

121,610 121,610 

155 0207590F SEEK EAGLE ........................................................................ 18,599 18,599 

156 0207601F USAF MODELING AND SIMULATION ............................ 23,091 23,091 

157 0207605F WARGAMING AND SIMULATION CENTERS ................. 5,779 5,779 

158 0207697F DISTRIBUTED TRAINING AND EXERCISES ................. 5,264 3,264 

Unjustified growth ......................................................... [–2,000 ] 

159 0208006F MISSION PLANNING SYSTEMS ....................................... 69,918 63,418 

CAF Increment IV--Critical Change Delay .................. [–6,500 ] 

160 0208021F INFORMATION WARFARE SUPPORT ............................. 2,322 2,322 

161 0208059F CYBER COMMAND ACTIVITIES ....................................... 702 702 

168 0301400F SPACE SUPERIORITY INTELLIGENCE .......................... 11,866 8,866 

Program underexecution due to schedule delays ......... [–3,000 ] 

169 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER 

(NAOC).

5,845 4,845 

Secure, Survivable Communications delayed program 

start.

[–1,000 ] 

170 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).43,811 43,811 

171 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ......... 101,788 92,788 

Delay due to protest ....................................................... [–9,000 ] 

172 0303141F GLOBAL COMBAT SUPPORT SYSTEM ........................... 449 449 

173 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ............. 3,854 3,854 

175 0303601F MILSATCOM TERMINALS ................................................. 238,729 196,729 

Transfer to FAB-T alternative line 175a ...................... [–42,000 ] 

175A 0303XXXF FAB-T ALTERNATIVE ......................................................... 42,000 

Transfer from FAB-T line 175 ....................................... [42,000 ] 

177 0304260F AIRBORNE SIGINT ENTERPRISE .................................... –13,500 

Contract/Program Delays .............................................. [–13,500 ] 

177A 0304XXXF RC–135 ................................................................................... 34,744 34,744 

177B 0304XXXF COMMON DEVELOPMENT ................................................ 87,004 87,004 

180 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ........... 4,604 4,604 

181 0305103F CYBER SECURITY INITIATIVE ........................................ 2,026 2,026 

182 0305105F DOD CYBER CRIME CENTER ........................................... 282 282 

183 0305110F SATELLITE CONTROL NETWORK (SPACE) ................... 18,337 18,337 

184 0305111F WEATHER SERVICE ........................................................... 31,084 31,084 

185 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING 

SYSTEM (ATCALS).

63,367 21,367 

D--RAPCON Contract Delay ......................................... [–42,000 ] 

186 0305116F AERIAL TARGETS ............................................................... 50,620 45,620 

QF–16–-Excess to Need ................................................. [–5,000 ] 

189 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ............. 366 366 

190 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.39 39 

191 0305159F ENTERPRISE QUERY & CORRELATION ........................ 0 

192 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

133,601 133,601 

193 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 

AND CONTROL SEGMENTS).

17,893 17,893 

195 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER.196,254 188,754 

Excess to need ................................................................ [–7,500 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1764 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

196 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER 2,961 2,961 

197 0305182F SPACELIFT RANGE SYSTEM (SPACE) ............................ 9,940 9,940 

198 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO).1,271 1,271 

200 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ........... 52,425 45,925 

Funded via reprogramming action ................................ [–6,500 ] 

201 0305206F AIRBORNE RECONNAISSANCE SYSTEMS .................... 106,877 99,677 

Unjustified request ......................................................... [–7,200 ] 

202 0305207F MANNED RECONNAISSANCE SYSTEMS ....................... 13,049 13,049 

203 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.90,724 85,724 

Contract delays ............................................................... [–5,000 ] 

204 0305219F MQ–1 PREDATOR A UAV ................................................... 14,112 11,642 

Common Sensor Payload--Ahead of Need .................... [–2,470 ] 

205 0305220F RQ–4 UAV .............................................................................. 423,462 423,462 

206 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 7,348 7,348 

207 0305265F GPS III SPACE SEGMENT ................................................. 463,081 458,081 

GPS III CIP—poor justification .................................... [–5,000 ] 

208 0305614F JSPOC MISSION SYSTEM .................................................. 118,950 81,450 

JMS program restructure .............................................. [–37,500 ] 

209 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE.14,736 14,736 

210 0305913F NUDET DETECTION SYSTEM (SPACE) .......................... 81,989 81,989 

212 0305940F SPACE SITUATION AWARENESS OPERATIONS .......... 31,956 31,956 

213 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEVELOPMENT.23,931 23,931 

214 0308699F SHARED EARLY WARNING (SEW) .................................. 1,663 1,663 

215 0401115F C–130 AIRLIFT SQUADRON .............................................. 24,509 6,509 

Contract Delays .............................................................. [–18,000 ] 

216 0401119F C–5 AIRLIFT SQUADRONS (IF) ......................................... 24,941 12,941 

RERP Program Rephased .............................................. [–12,000 ] 

217 0401130F C–17 AIRCRAFT (IF) ............................................................ 128,169 94,269 

Contract Delays .............................................................. [–33,900 ] 

218 0401132F C–130J PROGRAM ............................................................... 39,537 39,537 

219 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 

(LAIRCM).

7,438 7,438 

220 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) .............................. 1,308 0 

Funded in Fiscal Year 2011 .......................................... [–1,308 ] 

221 0401218F KC–135S ................................................................................. 6,161 6,161 

222 0401219F KC–10S ................................................................................... 30,868 30,868 

223 0401314F OPERATIONAL SUPPORT AIRLIFT ................................. 82,591 42,591 

VC–25A--Funding Ahead of Need ................................. [–40,000 ] 

225 0408011F SPECIAL TACTICS / COMBAT CONTROL ....................... 7,118 5,218 

Line of Sight--Contract Delay ....................................... [–1,900 ] 

226 0702207F DEPOT MAINTENANCE (NON-IF) .................................... 1,531 1,531 

228 0708012F LOGISTICS SUPPORT ACTIVITIES .................................. 944 944 

229 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ... 140,284 140,284 

230 0708611F SUPPORT SYSTEMS DEVELOPMENT ............................. 10,990 10,990 

232 0804743F OTHER FLIGHT TRAINING ............................................... 322 322 

233 0804757F JOINT NATIONAL TRAINING CENTER .......................... 11 11 

235 0808716F OTHER PERSONNEL ACTIVITIES ................................... 113 113 

236 0901202F JOINT PERSONNEL RECOVERY AGENCY ..................... 2,483 2,483 

237 0901218F CIVILIAN COMPENSATION PROGRAM .......................... 1,508 1,508 

238 0901220F PERSONNEL ADMINISTRATION ..................................... 8,041 1,041 

Contract Delays .............................................................. [–7,000 ] 

239 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY .......... 928 928 

240 0901279F FACILITIES OPERATION—ADMINISTRATIVE .............. 12,118 12,118 

241 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.101,317 76,317 

DEAMS--Excess to Requirement .................................. [–25,000 ] 

242 0902998F MANAGEMENT HQ—ADP SUPPORT (AF) ...................... 299 299 

242A 9999999999 CLASSIFIED PROGRAMS ................................................... 12,063,140 11,829,329 

Classified Adjustment .................................................... [–233,811 ] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.18,573,266 17,600,332 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1765 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, AF.

27,737,701 26,114,569 

RESEARCH, DEVELOPMENT, TEST & EVAL, DW 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ............................. 47,737 47,737 

002 0601101E DEFENSE RESEARCH SCIENCES .................................... 290,773 290,773 

003 0601110D8Z BASIC RESEARCH INITIATIVES ...................................... 14,731 7,731 

Reduction to new starts ................................................. [–7,000 ] 

005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE.

37,870 37,870 

006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ............ 101,591 86,591 

Program Decrease .......................................................... [–15,000 ] 

007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 52,617 52,617 

SUBTOTAL BASIC RESEARCH .................................. 545,319 523,319 

APPLIED RESEARCH 

008 0602000D8Z JOINT MUNITIONS TECHNOLOGY ................................. 21,592 20,592 

Excessive growth ............................................................ [–1,000 ] 

009 0602115E BIOMEDICAL TECHNOLOGY ............................................ 110,000 95,000 

Unsustained funding ...................................................... [–15,000 ] 

010 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) SCIENCE.15,245 

Realignment of Funds for Proper Oversight and Execution.[15,245 ] 

011 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ......... 37,916 37,916 

012 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ............................. 4,381 0 

Duplication of effort ....................................................... [–4,381 ] 

013 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 400,499 354,125 

Program Reduction ......................................................... [–46,374 ] 

014 0602304E COGNITIVE COMPUTING SYSTEMS ............................... 49,365 49,365 

015 0602305E MACHINE INTELLIGENCE ............................................... 61,351 52,276 

Unsustained growth ....................................................... [–9,075 ] 

016 0602383E BIOLOGICAL WARFARE DEFENSE ................................. 30,421 30,421 

017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 219,873 219,873 

018 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ................. 9,235 4,235 

Program Decrease .......................................................... [–5,000 ] 

019 0602668D8Z CYBER SECURITY RESEARCH ......................................... 9,735 4,735 

Program Decrease .......................................................... [–5,000 ] 

020 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH.14,923 8,923 

Excessive growth ............................................................ [–6,000 ] 

021 0602702E TACTICAL TECHNOLOGY ................................................. 206,422 202,422 

Reduction to new starts ................................................. [–4,000 ] 

022 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ........... 237,837 222,837 

Excessive growth ............................................................ [–15,000 ] 

023 0602716E ELECTRONICS TECHNOLOGY ......................................... 215,178 215,178 

024 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES.196,954 196,954 

025 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT.26,591 26,591 

SUBTOTAL APPLIED RESEARCH ............................ 1,852,273 1,756,688 

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 

027 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .......... 24,771 15,771 

Excessive growth ............................................................ [–9,000 ] 

028 0603121D8Z SO/LIC ADVANCED DEVELOPMENT .............................. 45,028 45,028 

029 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT .. 77,019 77,019 

030 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT.283,073 283,073 

031 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ............ 75,003 75,003 

032 0603200D8Z JOINT ADVANCED CONCEPTS ........................................ 7,903 6,803 

Unsustained growth ....................................................... [–1,100 ] 

033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.20,372 20,372 

034 0603250D8Z SYSTEMS 2020 ADVANCED TECHNOLOGY DEVELOPMENT.4,381 0 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1766 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

Lack of transition plan .................................................. [–4,381 ] 

035 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY 

(AT21)—THEATER CAPABILITY.

998 998 

036 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ................... 61,458 61,458 

037 0603286E ADVANCED AEROSPACE SYSTEMS ................................ 98,878 98,878 

038 0603287E SPACE PROGRAMS AND TECHNOLOGY ........................ 97,541 97,541 

039 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.229,235 229,235 

040 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ........ 7,287 7,287 

041 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS.187,707 176,707 

Unjustified Growth ......................................................... [–11,000 ] 

042 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ..... 23,890 23,890 

043 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT.9,235 4,235 

Program Decrease .......................................................... [–5,000 ] 

044 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ................ 10,762 10,762 

045 0603668D8Z CYBER SECURITY ADVANCED RESEARCH .................. 10,709 5,709 

Program Decrease .......................................................... [–5,000 ] 

046 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED DEVELOPMENT.18,179 13,179 

Excessive growth ............................................................ [–5,000 ] 

047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND 

TECHNOLOGY PROGRAM.

17,888 47,888 

Program Increase- Industrial Base Innovation Fund 

program.

[30,000 ] 

048 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT.26,972 26,972 

049 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS.9,756 9,756 

050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.23,887 23,887 

051 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE 

TECHNOLOGY.

41,976 29,976 

Excessive growth ............................................................ [–12,000 ] 

052 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.66,409 66,409 

053 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.91,132 61,132 

90nm Next Generation Foundry ................................... [–30,000 ] 

054 0603727D8Z JOINT WARFIGHTING PROGRAM ................................... 10,547 10,547 

055 0603739E ADVANCED ELECTRONICS TECHNOLOGIES .............. 160,286 150,286 

Reduction to new starts ................................................. [–10,000 ] 

058 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS.296,537 261,606 

CCC-01 unsustained growth ......................................... [–7,490 ] 

CCC-02 unsustained growth ......................................... [–3,850 ] 

CCC-CLS unsustained growth ...................................... [–10,591 ] 

Reduction to new starts ................................................. [–13,000 ] 

059 0603765E CLASSIFIED DARPA PROGRAMS ..................................... 107,226 107,226 

060 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .......... 235,245 208,503 

NET-01 unsustained growth ......................................... [–11,742 ] 

Reduction to new starts ................................................. [–15,000 ] 

061 0603767E SENSOR TECHNOLOGY ..................................................... 271,802 271,802 

061A 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ................... 200,000 

Program Increase ........................................................... [200,000 ] 

063 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.13,579 13,579 

064 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ........................ 30,424 30,424 

065 0603826D8Z QUICK REACTION SPECIAL PROJECTS ........................ 89,925 60,765 

P826/P828 excessive growth .......................................... [–25,000 ] 

P832 ................................................................................. [–4,160 ] 

066 0603828D8Z JOINT EXPERIMENTATION .............................................. 58,130 39,130 

Program adjustment ...................................................... [–19,000 ] 

067 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT 

OFFICE.

37,029 31,029 

Program Decrease .......................................................... [–6,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1767 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

068 0603901C DIRECTED ENERGY RESEARCH ..................................... 96,329 50,000 

Program Decrease—ALTB ............................................. [–46,329 ] 

069 0603902C NEXT GENERATION AEGIS MISSILE ............................. 123,456 123,456 

070 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 99,593 99,593 

072 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.20,444 20,444 

073 0303310D8Z CWMD SYSTEMS ................................................................. 7,788 4,288 

Program reduction .......................................................... [–3,500 ] 

074 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY 

DEVELOPMENT.

35,242 30,242 

Excess to need ................................................................ [–5,000 ] 

075 1160422BB AVIATION ENGINEERING ANALYSIS ............................ 837 837 

076 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY.4,924 4,924 

SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT (ATD).3,270,792 3,237,649 

ADVANCED COMPONENT DEVELOPMENT & 

PROTOTYPES 

077 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.36,798 30,798 

Unexecutable growth ..................................................... [–6,000 ] 

078 0603527D8Z RETRACT LARCH ................................................................ 21,040 21,040 

079 0603600D8Z WALKOFF ............................................................................. 112,142 112,142 

080 0603709D8Z JOINT ROBOTICS PROGRAM ............................................ 11,129 11,129 

081 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ........ 18,408 18,408 

082 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.63,606 63,606 

082A 0603XXXD8Z INSTALLATION ENERGY TEST BED .............................. 0 

083 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE 

SEGMENT.

290,452 290,452 

084 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.1,161,001 1,161,001 

086 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 261,143 213,155 

IBP schedule delay ......................................................... [–12,000 ] 

INATS schedule delays .................................................. [–13,000 ] 

JPID program restructure ............................................. [–13,988 ] 

VAC FILO execution delays .......................................... [–9,000 ] 

087 0603884C BALLISTIC MISSILE DEFENSE SENSORS ..................... 222,374 222,374 

088 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ...... 1,071,039 85,690 

Transfer to lines 88a, 88b, and 89 ................................ [–985,349 ] 

088A 0603XXXC BMD TESTS .......................................................................... 488,382 

Transfer from line 88 ..................................................... [488,382 ] 

088B 0603XXXC BMD TARGETS ..................................................................... 454,999 

Transfer from line 88 ..................................................... [454,999 ] 

089 0603890C BMD ENABLING PROGRAMS ........................................... 373,563 415,531 

Transfer from line 88 ..................................................... [41,968 ] 

090 0603891C SPECIAL PROGRAMS—MDA ............................................. 296,554 296,554 

091 0603892C AEGIS BMD ........................................................................... 960,267 990,267 

SM–3 Block IB production improvements .................... [30,000 ] 

092 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM .......... 96,353 96,353 

093 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS.7,951 7,951 

094 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND 

CONTROL, BATTLE MANAGEMENT AND 

COMMUNICATI.

364,103 364,103 

096 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER 

SUPPORT.

41,225 41,225 

097 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS 

CENTER (MDIOC).

69,325 69,325 

098 0603906C REGARDING TRENCH ........................................................ 15,797 15,797 

099 0603907C SEA BASED X-BAND RADAR (SBX) .................................. 177,058 157,058 

Program Decrease—Excess funds ................................. [–20,000 ] 

101 0603913C ISRAELI COOPERATIVE PROGRAMS .............................. 106,100 216,100 

Arrow System Improvement Program .......................... [20,000 ] 

Arrow–3 interceptor development ................................. [5,000 ] 

David’s Sling development ............................................. [25,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1768 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

Program Increase ........................................................... [60,000 ] 

102 0603920D8Z HUMANITARIAN DEMINING ............................................ 14,996 14,996 

103 0603923D8Z COALITION WARFARE ....................................................... 12,743 12,743 

104 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,221 35,321 

Program increase—funding shortfall ............................ [32,100 ] 

105 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT.25,120 25,120 

107 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING.10,309 7,509 

Program Decrease .......................................................... [–2,800 ] 

108 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) .... 13,024 13,024 

109 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM.9,290 9,290 

110 0604880C LAND-BASED SM–3 (LBSM3) ............................................ 306,595 306,595 

111 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ............... 424,454 424,454 

112 0604883C PRECISION TRACKING SPACE SENSOR RDT&E ......... 160,818 80,818 

Program Reduction ......................................................... [–80,000 ] 

113 0604884C AIRBORNE INFRARED (ABIR) .......................................... 46,877 46,877 

115 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) 

PROGRAM.

3,358 3,358 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.6,808,233 6,823,545 

SYSTEM DEVELOPMENT AND DEMONSTRATION 

(SDD) 

117 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.7,220 7,220 

118 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT.204,824 179,824 

Program Reduction ......................................................... [–25,000 ] 

119 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 400,608 316,608 

Bioscavenger program delays ........................................ [–24,000 ] 

Decontamination FOS delays ........................................ [–10,000 ] 

MCMI RFP release delay ............................................... [–50,000 ] 

120 0604709D8Z JOINT ROBOTICS PROGRAM ............................................ 2,782 2,782 

121 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE 

(AITS-JPO).

49,198 38,824 

Cyber threat discovery ................................................... [15,000 ] 

Program growth .............................................................. [–25,374 ] 

122 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION 

SYSTEM (JTIDS).

17,395 17,395 

123 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES.5,888 5,888 

124 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT .......... 12,228 12,228 

127 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...... 389 389 

128 0605022D8Z DEFENSE EXPORTABILITY PROGRAM .......................... 1,929 1,929 

129 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .................... 4,993 4,993 

130 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND 

DEMONSTRATION.

134,285 94,285 

Program Growth ............................................................. [–40,000 ] 

131 0605075D8Z DCMO POLICY AND INTEGRATION ................................ 41,808 41,808 

133 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES.14,950 14,950 

135 0303141K GLOBAL COMBAT SUPPORT SYSTEM ........................... 19,837 19,837 

SUBTOTAL SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD).918,334 758,960 

RDT&E MANAGEMENT SUPPORT 

137 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 6,658 6,658 

138 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ... 4,731 4,731 

139 0604940D8Z CENTRAL TEST AND EVAULATION INVESTMENT 

DEVELOPMENT (CTEIP).

140,231 140,231 

140 0604942D8Z ASSESSMENTS AND EVALUATIONS .............................. 2,757 2,757 

141 0604943D8Z THERMAL VICAR ................................................................ 7,827 7,827 

142 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY 

(JMETC).

10,479 10,479 

143 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 34,213 34,213 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1769 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

144 0605110D8Z USD(A&T)--CRITICAL TECHNOLOGY SUPPORT .......... 1,486 1,486 

145 0605117D8Z FOREIGN MATERIAL ACQUISITION AND EXPLOITATION.64,524 64,524 

146 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE 

ORGANIZATION (JIAMDO).

79,859 79,859 

148 0605130D8Z FOREIGN COMPARATIVE TESTING ............................... 19,080 19,080 

149 0605142D8Z SYSTEMS ENGINEERING .................................................. 41,884 41,884 

150 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ................. 4,261 4,261 

151 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION.9,437 9,437 

152 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .......... 6,549 6,549 

153 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 92,806 92,806 

160 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ 

SMALL BUSINESS TECHNOLOGY TRANSFER (S.

1,924 1,924 

161 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS .............................. 16,135 16,135 

163 0605801KA DEFENSE TECHNICAL INFORMATION CENTER 

(DTIC).

56,269 56,269 

164 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 

AND EVALUATION.

49,810 49,810 

165 0605804D8Z DEVELOPMENT TEST AND EVALUATION .................... 15,805 19,305 

Program Increase ........................................................... [3,500 ] 

166 0605897E DARPA AGENCY RELOCATION ........................................ 1,000 1,000 

167 0605898E MANAGEMENT HQ—R&D ................................................. 66,689 66,689 

168 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ..................... 4,528 4,528 

169 0606301D8Z AVIATION SAFETY TECHNOLOGIES .............................. 6,925 6,925 

170 0203345D8Z OPERATIONS SECURITY (OPSEC) ................................... 1,777 1,777 

171 0204571J JOINT STAFF ANALYTICAL SUPPORT ........................... 18 18 

174 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES.12,209 12,209 

175 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION 4,288 4,288 

176 0305103E CYBER SECURITY INITIATIVE ........................................ 10,000 5,000 

Execution delays ............................................................. [–5,000 ] 

177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO).15,002 15,002 

179 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT.861 861 

180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING 

TRANSFORMATION (CE2T2).

59,958 38,090 

P754, Duplication with Service initiatives ................... [–21,868 ] 

182 0901598C MANAGEMENT HQ—MDA ................................................. 28,908 28,908 

183 0901598D8W IT SOFTWARE DEV INITIATIVES .................................... 167 167 

184A 9999999999 CLASSIFIED PROGRAMS ................................................... 82,627 82,627 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 961,682 938,314 

OPERATIONAL SYSTEMS DEVELOPMENT 

185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ........................ 8,706 6,206 

Excessive growth ............................................................ [–2,500 ] 

186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND 

PARTNERSHIP FOR PEACE INFORMATION MANA.

2,165 2,165 

187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED 

INFORMATION SYSTEM (OHASIS).

288 288 

188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).15,956 15,956 

189 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY ........ 29,880 29,880 

190 0208043J CLASSIFIED PROGRAMS ................................................... 2,402 2,402 

191 0208045K C4I INTEROPERABILITY ................................................... 72,403 72,403 

193 0301144K JOINT/ALLIED COALITION INFORMATION SHARING 7,093 7,093 

200 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE 

SUPPORT.

481 481 

201 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING 

AND INTEGRATION.

8,366 15,866 

Cybersecurity pilots ....................................................... [7,500 ] 

202 0303126K LONG-HAUL COMMUNICATIONS—DCS ........................ 11,324 11,324 

203 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).12,514 12,514 

204 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) .......................... 6,548 6,548 

205 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ........... 33,751 33,751 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1770 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

206 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ......... 11,753 11,753 

207 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ......... 348,593 348,593 

208 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ......... 5,500 5,500 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ............. 54,739 54,739 

212 0303153K DEFENSE SPECTRUM ORGANIZATION ......................... 29,154 29,154 

213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) .......... 1,830 1,830 

214 0303260D8Z JOINT MILITARY DECEPTION INITIATIVE .................. 1,241 1,241 

215 0303610K TELEPORT PROGRAM ........................................................ 6,418 6,418 

217 0304210BB SPECIAL APPILCATIONS FOR CONTINGENCIES ........ 5,045 5,045 

220 0305103D8Z CYBER SECURITY INITIATIVE ........................................ 411 411 

222 0305103K CYBER SECURITY INITIATIVE ........................................ 4,341 4,341 

223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ..... 13,008 13,008 

227 0305186D8Z POLICY R&D PROGRAMS .................................................. 6,603 6,603 

229 0305199D8Z NET CENTRICITY ................................................................ 14,926 14,926 

232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.4,303 1,303 

Unjustified increase ....................................................... [–3,000 ] 

235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS.3,154 3,154 

237 0305219BB MQ–1 PREDATOR A UAV ................................................... 2,499 2,499 

239 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER 

PROGRAM.

2,660 2,660 

240 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY 

AND ARCHITECTURES.

1,444 1,444 

248 0708011S INDUSTRIAL PREPAREDNESS ......................................... 23,103 23,103 

249 0708012S LOGISTICS SUPPORT ACTIVITIES .................................. 2,466 2,466 

250 0902298J MANAGEMENT HEADQUARTERS (JCS) ......................... 2,730 2,730 

252 1105219BB MQ–9 UAV ............................................................................. 2,499 2,499 

253 1105232BB RQ–11 UAV ............................................................................ 3,000 1,500 

Lack of full funding ........................................................ [–1,500 ] 

254 1105233BB RQ–7 UAV .............................................................................. 450 450 

256 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT.89,382 74,382 

MC–130 TF/TA radar contract award delay ................ [–15,000 ] 

257 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT.799 799 

258 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS 

DEVELOPMENT.

27,916 27,916 

259 1160408BB SOF OPERATIONAL ENHANCEMENTS .......................... 60,915 60,915 

260 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ........... 10,775 10,775 

263 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS 

(MTPS).

4,617 4,617 

265 1160429BB AC/MC–130J .......................................................................... 18,571 18,571 

266 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS.1,392 1,392 

268 1160477BB SOF WEAPONS SYSTEMS .................................................. 2,610 2,610 

269 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS.2,971 2,971 

270 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS.3,000 3,000 

271 1160480BB SOF TACTICAL VEHICLES ................................................ 3,522 3,522 

272 1160481BB SOF MUNITIONS ................................................................. 1,500 1,500 

273 1160482BB SOF ROTARY WING AVIATION ........................................ 51,123 51,123 

274 1160483BB SOF UNDERWATER SYSTEMS ......................................... 92,424 68,424 

Excessive growth ............................................................ [–24,000 ] 

275 1160484BB SOF SURFACE CRAFT ........................................................ 14,475 14,475 

276 1160488BB SOF MILITARY INFORMATION SUPPORT OPERATIONS.2,990 2,990 

277 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES .... 8,923 8,923 

278 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE.9,473 9,473 

278A 9999999999 CLASSIFIED PROGRAMS ................................................... 4,227,920 4,265,700 

Classified Adjustment .................................................... [35,780 ] 

File sanitization tool (FiST) authorization adjustment [2,000 ] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.5,399,045 5,398,325 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1771 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

UNDISTRIBUTED 

279A 0901XXXD UNDISTRIBUTED ................................................................ 0 

SUBTOTAL UNDISTRIBUTED .................................... 0 

TOTAL RESEARCH, DEVELOPMENT, TEST 

& EVAL, DW.

19,755,678 19,436,800 

OPERATIONAL TEST & EVAL, DEFENSE 

RDT&E MANAGEMENT SUPPORT 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ...................... 60,444 60,444 

002 0605131OTE LIVE FIRE TEST AND EVALUATION .............................. 12,126 12,126 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .... 118,722 118,722 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .... 191,292 191,292 

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.191,292 191,292 

TOTAL RDT&E ........................................................ 75,325,082 71,570,717 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

RDT&E MANAGEMENT SUPPORT 

140 0605601A ARMY TEST RANGES AND FACILITIES ........................... 8,513 8,513 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 8,513 8,513 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, ARMY.

8,513 8,513 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

054 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.1,500 1,500 

SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.1,500 1,500 

SYSTEM DEVELOPMENT & DEMONSTRATION 

097 0604270N ELECTRONIC WARFARE DEVELOPMENT ...................... 5,600 5,600 

119 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.3,500 3,500 

126 0604771N MEDICAL DEVELOPMENT .................................................. 1,950 1,950 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.11,050 11,050 

OPERATIONAL SYSTEMS DEVELOPMENT 

172 0204136N F/A–18 SQUADRONS ............................................................. 2,000 2,000 

189 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ............ 1,500 1,500 

192 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP).4,050 4,050 

215 0305231N MQ–8 UAV ............................................................................... 0 

227A 9999999999 CLASSIFIED PROGRAMS ..................................................... 33,784 33,784 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.41,334 41,334 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, NAVY.

53,884 53,884 

OPERATIONAL SYSTEMS DEVELOPMENT 

200 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ............. 73,000 63,000 

Excess to need .................................................................. [–10,000 ] 

242A 9999999999 CLASSIFIED PROGRAMS ..................................................... 69,000 69,000 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1772 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2012 Request 

Conference 

Authorized 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.142,000 142,000 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, AF.

142,000 132,000 

RDT&E MANAGEMENT SUPPORT 

152 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ............ 9,200 9,200 

SUBTOTAL RDT&E MANAGEMENT SUPPORT .. 9,200 9,200 

OPERATIONAL SYSTEMS DEVELOPMENT 

202 0303126K LONG-HAUL COMMUNICATIONS—DCS .......................... 10,500 10,500 

207 0303140G INFORMATION SYSTEMS SECURITY PROGRAM .......... 32,850 32,850 

211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ............... 2,000 2,000 

254 1105233BB RQ–7 UAV ............................................................................... 2,450 2,450 

278A 9999999999 CLASSIFIED PROGRAMS ..................................................... 135,361 125,361 

Classified Adjustment ...................................................... [–10,000 ] 

SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.183,161 183,161 

TOTAL RESEARCH, DEVELOPMENT, TEST & 

EVAL, DW.

192,361 182,361 

TOTAL RDT&E .......................................................... 396,758 376,758 

TITLE XLIII—OPERATION AND 

MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 1,399,804 1,031,695 

Transfer to Title XV: Combined Arms Training 

Strategy ................................................................. [–217,376 ] 

Transfer to Title XV: MRAP Vehicle Sustainment [–2,539 ] 

Transfer to Title XV: Theater Demand Reduction [–148,194 ] 

020 MODULAR SUPPORT BRIGADES ............................... 104,629 90,595 

Transfer to Title XV: Combined Arms Training 

Strategy ................................................................. [–11,752 ] 

Transfer to Title XV: Theater Demand Reduction [–2,282 ] 

030 ECHELONS ABOVE BRIGADE .................................... 815,920 741,068 

Transfer to Title XV: Combined Arms Training 

Strategy ................................................................. [–74,852 ] 

040 THEATER LEVEL ASSETS .......................................... 825,587 764,818 

Transfer to Title XV: Chemical Defense Equipment Sustainment ................................................ [–8,579 ] 

Transfer to Title XV: Combined Arms Training 

Strategy ................................................................. [–23,198 ] 

Transfer to Title XV: Theater Demand Reduction [–18,692 ] 

Transfer to Title XV: UAS—Gray Eagle Satellite 

Service ................................................................... [–10,300 ] 

050 LAND FORCES OPERATIONS SUPPORT .................. 1,245,231 1,072,413 

Transfer to Title XV: Combat Training Center 

Role Players .......................................................... [–30,091 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1773 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Transfer to Title XV: Fox Nuclear Biological and 

Chemical Reconnaissance Vehicle Contract Logistics Support ...................................................... [–12,062 ] 

Transfer to Title XV: Joint Maneuver Readiness 

Center Opposing Force Augmentation ................ [–4,545 ] 

Transfer to Title XV: Joint Readiness Training 

Center Opposing Force Augmentation ................ [–26,940 ] 

Transfer to Title XV: MRAP Vehicle Sustainment 

at Combat Training Centers ................................ [–6,420 ] 

Transfer to Title XV: National Training Center 

Tier Two Level Maintenance Contract ............... [–24,000 ] 

Transfer to Title XV: National Training Center 

Warfighter Focus .................................................. [–26,650 ] 

Transfer to Title XV: Theater Demand Reduction [–14,984 ] 

Transfer to Title XV: Tube-Launched, OpticallyTracked, Wire-Guided Missile (TOW) Improved 

Target Acquisition System (ITAS) Contract Logistics Support ...................................................... [–6,841 ] 

Transfer to TitleXV: Sustainment Brigade and 

Functional Brigade Warfighter Exercise ............ [–20,285 ] 

060 AVIATION ASSETS ........................................................ 1,199,340 1,131,228 

Transfer to Title XV: Combined Arms Training 

Strategy ................................................................. [–6,607 ] 

Transfer to Title XV: Theater Demand Reduction [–61,505 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 2,939,455 2,778,799 

FOB Baseline Not Taken into Account in Requested Program Growth ..................................... [–20,000 ] 

Transfer to Title XV: Battle Simulation Centers .. [–59,702 ] 

Transfer to Title XV: Body Armor Sustainment ... [–71,660 ] 

Transfer to Title XV: Rapid Equipping Force 

Readiness .............................................................. [–9,294 ] 

080 LAND FORCES SYSTEMS READINESS ..................... 451,228 404,896 

Deny Requested Growth for Civilian and Contractor Positions ................................................... [–20,000 ] 

Transfer to Title XV: Capability Development and 

Integration ............................................................ [–5,161 ] 

Transfer to Title XV: Fixed Wing Life Cycle Contract Support ......................................................... [–21,171 ] 

090 LAND FORCES DEPOT MAINTENANCE .................. 1,179,675 1,031,839 

Budget Justification does not Match Summary of 

Price and Program Changes for Utilities ........... [–37,500 ] 

Removal of fiscal year 2011 Costs Budgeted for 

Detainee Operations (Full fiscal year 2012 Requirement Funded in Title XV) ........................... [–70,000 ] 

Transfer to title XV: Senior Leader Initiative: 

Comprehensive Soldier Fitness Program ........... [–30,000 ] 

Transfer to title XV: Training Range Maintenance ..................................................................... [–10,336 ] 

100 BASE OPERATIONS SUPPORT ................................... 7,637,052 7,329,552 

Budget Justification Does Not Match Summary of 

Price and Program Changes for Utilities ........... [–37,500 ] 

Removal of FY11 Costs Budgeted for Detainee 

Operations (Full FY12 Requirement Funded in 

OCO) ...................................................................... [–70,000 ] 

Transfer to Title XV: Overseas Security Guards ... [–200,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & 

MODERNIZATION ..................................................... 2,495,667 2,495,667 

120 MANAGEMENT AND OPERATIONAL HQ ................ 397,952 397,952 

130 COMBATANT COMMANDERS CORE OPERATIONS 171,179 171,179 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1774 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

170 COMBATANT COMMANDERS ANCILLARY MISSIONS ........................................................................... 459,585 439,115 

Military Information Support Operations .............. [–20,470 ] 

175 UNDISTRIBUTED .......................................................... –1,504,500 

Contractor Logistics Support .................................. [–50,000 ] 

Transfer to Title XV: Readiness and Depot Maintenance .................................................................. [–1,454,500 ] 

SUBTOTAL OPERATING FORCES .................. 21,322,304 18,376,316 

MOBILIZATION 

180 STRATEGIC MOBILITY ................................................ 390,394 390,394 

190 ARMY PREPOSITIONING STOCKS ............................ 169,535 169,535 

200 INDUSTRIAL PREPAREDNESS .................................. 6,675 6,675 

SUBTOTAL MOBILIZATION ............................. 566,604 566,604 

TRAINING AND RECRUITING 

210 OFFICER ACQUISITION .............................................. 113,262 113,262 

220 RECRUIT TRAINING .................................................... 71,012 71,012 

230 ONE STATION UNIT TRAINING ................................ 49,275 49,275 

240 SENIOR RESERVE OFFICERS TRAINING CORPS .. 417,071 417,071 

250 SPECIALIZED SKILL TRAINING ................................ 1,045,948 1,030,765 

Transfer to Title XV: Survivability and Maneuverability Training ............................................... [–15,183 ] 

260 FLIGHT TRAINING ....................................................... 1,083,808 1,083,808 

270 PROFESSIONAL DEVELOPMENT EDUCATION ..... 191,073 191,073 

280 TRAINING SUPPORT .................................................... 607,896 607,896 

290 RECRUITING AND ADVERTISING ............................ 523,501 523,501 

300 EXAMINING ................................................................... 139,159 139,159 

310 OFF-DUTY AND VOLUNTARY EDUCATION ............ 238,978 238,978 

320 CIVILIAN EDUCATION AND TRAINING .................. 221,156 221,156 

330 JUNIOR ROTC ................................................................ 170,889 170,889 

SUBTOTAL TRAINING AND RECRUITING .. 4,873,028 4,857,845 

ADMIN & SRVWIDE ACTIVITIES 

340 SECURITY PROGRAMS ................................................ 995,161 993,801 

Classified Adjustment .............................................. [–1,360 ] 

350 SERVICEWIDE TRANSPORTATION ........................... 524,334 524,334 

360 CENTRAL SUPPLY ACTIVITIES ................................. 705,668 705,668 

370 LOGISTIC SUPPORT ACTIVITIES .............................. 484,075 487,075 

Army Requested Transfer for Army Enterprise 

Systems Integration Program from Other Procurement, Army line 116 ..................................... [3,000 ] 

380 AMMUNITION MANAGEMENT .................................. 457,741 387,741 

Requested Growth Unjustified by Metrics Provided in Performance Criteria ............................. [–70,000 ] 

390 ADMINISTRATION ........................................................ 775,313 775,313 

400 SERVICEWIDE COMMUNICATIONS ......................... 1,534,706 1,510,957 

Army Requested Transfer for General Fund Enterprise Business System (GFEBS) from Other 

Procurement, Army Line 116 .............................. [3,368 ] 

Army Requested Transfer for Global Combat Support System—Army (GCSS–Army) from Other 

Procurement, Army Line 116 .............................. [2,883 ] 

Budget Justification Does Not Match Summary of 

Price and Program Changes for DISA ................ [–30,000 ] 

410 MANPOWER MANAGEMENT ...................................... 316,924 316,924 

420 OTHER PERSONNEL SUPPORT ................................. 214,356 214,356 

430 OTHER SERVICE SUPPORT ........................................ 1,093,877 1,033,877 

Budget Justification Does Not Match Summary of 

Price and Program Changes for DFAS ............... [–50,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1775 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Unjustified program growth-Joint DOD Support .. [–5,000 ] 

Unjustified program growth-PA Strategic Communications ........................................................... [–5,000 ] 

440 ARMY CLAIMS ACTIVITIES ........................................ 216,621 216,621 

450 REAL ESTATE MANAGEMENT .................................. 180,717 170,717 

Budget Justification Does Not Match Summary of 

Price and Program Changes for the Pentagon 

Reservation Maintenance Revolving Fund ......... [–10,000 ] 

455 FINANCIAL IMPROVEMENT AND AUDIT READINESS ............................................................................ 0 

460 SUPPORT OF NATO OPERATIONS ............................ 449,901 449,901 

470 MISC. SUPPORT OF OTHER NATIONS ..................... 23,886 20,886 

Transfer from SAG 411—Military Information 

Support Operations .............................................. [–3,000 ] 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES ...................................................................... 7,973,280 7,808,171 

UNDISTRIBUTED 

480 UNDISTRIBUTED .......................................................... –1,079,704 

BUDGET ACTIVITY 4 ADJUSTMENT FOR DEFENSE EFFICIENCY CIVILIAN STAFFING 

REDUCTION ........................................................ [–12,904 ] 

Decrease in OPTEMPO as cited by Army .............. [–291,500 ] 

IMPROVED MANAGEMENT OF TELECOM 

SERVICES ............................................................ [–10,000 ] 

Printing & Reproduction (10% cut)—Efficiency .... [–10,600 ] 

Section 8089 - Excess Cash Balances in DWCF .... [–515,000 ] 

Studies, Analysis & Evaluations (10% cut)—Efficiency ..................................................................... [–1,400 ] 

Unobligated balances ............................................... [–238,300 ] 

999 CLASSIFIED ................................................................... 0 

SUBTOTAL UNDISTRIBUTED .......................... –1,079,704 

TOTAL OPERATION & MAINTENANCE, 

ARMY ................................................................ 34,735,216 30,529,232 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 4,762,887 4,499,387 

Transfer to Title XV: Flying Hours ........................ [–180,945 ] 

Transfer to Title XV: MV 22B Pricing Variance ... [–82,555 ] 

020 FLEET AIR TRAINING ................................................. 1,771,644 1,771,644 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ................................................................... 46,321 46,321 

040 AIR OPERATIONS AND SAFETY SUPPORT ............. 104,751 87,751 

Unjustified Growth for Program Related Logistics 

Support .................................................................. [–17,000 ] 

050 AIR SYSTEMS SUPPORT ............................................. 431,576 431,576 

060 AIRCRAFT DEPOT MAINTENANCE .......................... 1,030,303 1,030,303 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 37,403 37,403 

080 AVIATION LOGISTICS .................................................. 238,007 238,007 

090 MISSION AND OTHER SHIP OPERATIONS ............. 3,820,186 3,795,186 

Reduced Number of Deployed Steaming Days ...... [–25,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ........... 734,866 734,866 

110 SHIP DEPOT MAINTENANCE .................................... 4,972,609 5,122,609 

Ship Depot Maintenance (Active) ........................... [150,000 ] 

120 SHIP DEPOT OPERATIONS SUPPORT ...................... 1,304,271 1,297,271 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1776 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Removal of One-Time Fiscal Year 2011 Costs for 

Surface Ship Life Cycle Maintenance (SSLCM) 

Activity and Local Command Office for Navy 

Enterprise Resource Planning ............................. [–7,000 ] 

130 COMBAT COMMUNICATIONS .................................... 583,659 556,259 

Eliminate Requested Growth of Contractor Fulltime Equivalents .................................................. [–27,400 ] 

140 ELECTRONIC WARFARE ............................................. 97,011 97,011 

150 SPACE SYSTEMS AND SURVEILLANCE .................. 162,303 137,303 

Budget Justification Does Not Match Summary of 

Price and Program Changes ................................ [–25,000 ] 

160 WARFARE TACTICS ...................................................... 423,187 423,187 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ......................................................................... 320,141 320,141 

180 COMBAT SUPPORT FORCES ...................................... 1,076,478 883,677 

Transfer to Title XV: Naval Expeditionary Combat Command Increases ....................................... [–192,801 ] 

190 EQUIPMENT MAINTENANCE .................................... 187,037 187,037 

200 DEPOT OPERATIONS SUPPORT ................................ 4,352 4,352 

210 COMBATANT COMMANDERS CORE OPERATIONS 103,830 103,830 

220 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ..................................................................... 180,800 166,400 

Military Information Support Operations .............. [–6,100 ] 

Transfer to Title XV: Joint Special Operations 

Task Force—Philippines ...................................... [–8,300 ] 

230 CRUISE MISSILE ........................................................... 125,333 125,333 

240 FLEET BALLISTIC MISSILE ....................................... 1,209,410 1,209,410 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ......... 99,063 90,063 

Transfer to Title XV: Naval Expeditionary Combat Command ........................................................ [–9,000 ] 

260 WEAPONS MAINTENANCE ......................................... 450,454 450,454 

270 OTHER WEAPON SYSTEMS SUPPORT ..................... 358,002 358,002 

280 ENTERPRISE INFORMATION ..................................... 971,189 971,189 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 1,946,779 1,946,779 

300 BASE OPERATING SUPPORT ..................................... 4,610,525 4,540,525 

Savings from In-sourcing Security Contractor Positions Not Properly Accounted for in Budget 

Documentation ...................................................... [–20,000 ] 

Transfer to Title XV: Regional/Emergency Operations Center ........................................................ [–50,000 ] 

305 UNDISTRIBUTED .......................................................... –645,000 

CONTRACTOR LOGISTICS SUPPORT ................ [–150,000 ] 

TRANSFER TO TITLE XV: READINESS AND 

DEPOT MAINTENANCE .................................... [–495,000 ] 

SUBTOTAL OPERATING FORCES .................. 32,164,377 31,018,276 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE ...................... 493,326 493,326 

320 AIRCRAFT ACTIVATIONS/INACTIVATIONS ............ 6,228 6,228 

330 SHIP ACTIVATIONS/INACTIVATIONS ...................... 205,898 205,898 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS .. 68,634 63,630 

Transfer to Title XV: Medical/Equipment costs for 

USNS MERCY ...................................................... [–5,004 ] 

350 INDUSTRIAL READINESS ........................................... 2,684 2,684 

360 COAST GUARD SUPPORT ........................................... 25,192 25,192 

SUBTOTAL MOBILIZATION ............................. 801,962 796,958 

TRAINING AND RECRUITING 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1777 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

370 OFFICER ACQUISITION .............................................. 147,540 147,540 

380 RECRUIT TRAINING .................................................... 10,655 10,655 

390 RESERVE OFFICERS TRAINING CORPS .................. 151,147 148,361 

Excessive Program Increase for General Services 

Administration Lease Cost .................................. [–2,786 ] 

400 SPECIALIZED SKILL TRAINING ................................ 594,799 544,278 

Transfer to Title XV: Naval Sea Systems Command Visit, Board, Search and Seizure (VBSS)/ 

Explosive Ordnance Device (EOD) Training ...... [–3,000 ] 

Unjustified Growth in Moored and Tech Training [–47,521 ] 

410 FLIGHT TRAINING ....................................................... 9,034 9,034 

420 PROFESSIONAL DEVELOPMENT EDUCATION ..... 173,452 173,452 

430 TRAINING SUPPORT .................................................... 168,025 168,025 

440 RECRUITING AND ADVERTISING ............................ 254,860 255,843 

Naval Sea Cadet Corps ........................................ [983 ] 

450 OFF-DUTY AND VOLUNTARY EDUCATION ............ 140,279 140,279 

460 CIVILIAN EDUCATION AND TRAINING .................. 107,561 107,561 

470 JUNIOR ROTC ................................................................ 52,689 52,689 

SUBTOTAL TRAINING AND RECRUITING .. 1,810,041 1,757,717 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ........................................................ 754,483 754,483 

490 EXTERNAL RELATIONS .............................................. 14,275 14,275 

500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 112,616 112,616 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 216,483 203,926 

Transfer to Title XV: Family Readiness Programs [–3,557 ] 

Transfer to Title XV: Navy Manpower and Personnel System/NSIPS ........................................... [–9,000 ] 

520 OTHER PERSONNEL SUPPORT ................................. 282,295 282,295 

530 SERVICEWIDE COMMUNICATIONS ......................... 534,873 534,873 

545 FINANCIAL IMPROVEMENT AND AUDIT READINESS ............................................................................ 0 

550 SERVICEWIDE TRANSPORTATION ........................... 190,662 190,662 

570 PLANNING, ENGINEERING AND DESIGN .............. 303,636 293,636 

Unjustified Growth for Installation Emergency 

Management ......................................................... [–10,000 ] 

580 ACQUISITION AND PROGRAM MANAGEMENT ..... 903,885 903,885 

590 HULL, MECHANICAL AND ELECTRICAL SUPPORT ............................................................................ 54,880 54,880 

600 COMBAT/WEAPONS SYSTEMS ................................... 20,687 20,687 

610 SPACE AND ELECTRONIC WARFARE SYSTEMS ... 68,374 68,374 

620 NAVAL INVESTIGATIVE SERVICE ............................ 572,928 572,928 

680 INTERNATIONAL HEADQUARTERS AND AGENCIES ............................................................................. 5,516 5,516 

705 CLASSIFIED PROGRAMS ............................................. 552,715 550,334 

Classified adjustment .............................................. [–2,381 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,588,308 4,563,370 

UNDISTRIBUTED 

710 UNDISTRIBUTED .......................................................... –67,000 

Deny FY12 Budget Price Growth for Civilian Personnel Compensation ........................................... [–5,000 ] 

IMPROVED MANAGEMENT OF TELECOM 

SERVICES ............................................................ [–10,000 ] 

Unobligated balances ............................................... [–52,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –67,000 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1778 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE, 

NAVY ................................................................. 39,364,688 38,069,321 

OPERATION & MAINTENANCE, MARINE 

CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES .............................................. 715,196 695,196 

Request Inconsistent with Information Technology Budget Justification for the Global Combat Support System .............................................. [–20,000 ] 

020 FIELD LOGISTICS ......................................................... 677,608 677,608 

030 DEPOT MAINTENANCE ............................................... 190,713 78,713 

Transfer to Title XV: Depot Maintenance .............. [–112,000 ] 

040 MARITIME PREPOSITIONING .................................... 101,464 101,464 

060 SUSTAINMENT, RESTORATION, & MODERNIZATION ............................................................................. 823,390 823,390 

070 BASE OPERATING SUPPORT ..................................... 2,208,949 1,953,949 

Reduction for Collateral Equipment Requirements Not Properly Accounted for in Budget 

Documentation ...................................................... [–20,000 ] 

TRANSFER TO TITLE XV: READINESS AND 

DEPOT MAINTENANCE .................................... [–235,000 ] 

SUBTOTAL OPERATING FORCES .................. 4,717,320 4,330,320 

TRAINING AND RECRUITING 

080 RECRUIT TRAINING .................................................... 18,280 18,280 

090 OFFICER ACQUISITION .............................................. 820 820 

100 SPECIALIZED SKILL TRAINING ................................ 85,816 85,816 

120 PROFESSIONAL DEVELOPMENT EDUCATION ..... 33,142 33,142 

130 TRAINING SUPPORT .................................................... 324,643 324,643 

140 RECRUITING AND ADVERTISING ............................ 184,432 184,432 

150 OFF-DUTY AND VOLUNTARY EDUCATION ............ 43,708 43,708 

160 JUNIOR ROTC ................................................................ 19,671 19,671 

SUBTOTAL TRAINING AND RECRUITING .. 710,512 710,512 

ADMIN & SRVWD ACTIVITIES 

180 SERVICEWIDE TRANSPORTATION ........................... 36,021 36,021 

190 ADMINISTRATION ........................................................ 405,431 405,431 

200 ACQUISITION & PROGRAM MANAGEMENT .......... 91,153 91,153 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 532,605 532,605 

UNDISTRIBUTED 

210 UNDISTRIBUTED .......................................................... –38,000 

OMMC Request Inconsistent with Information 

Technology Budget Justification for the Operational Support Systems—Command and Control ......................................................................... [–20,000 ] 

Unobligated balances ............................................... [–18,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –38,000 

TOTAL OPERATION & MAINTENANCE, 

MARINE CORPS ............................................ 5,960,437 5,535,437 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 4,224,400 3,564,242 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–590,158 ] 

Transfer to Title XV: Theater Security Package ... [–70,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1779 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

020 COMBAT ENHANCEMENT FORCES ......................... 3,417,731 2,706,439 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–673,292 ] 

Removal of One-Time FY11 Costs for Administrative Support for Contractor to Civilian Conversions ....................................................................... [–4,000 ] 

Removal of One-Time FY11 Costs for Software 

Maintenance Requirements ................................. [–24,000 ] 

Unjustified Increase in Travel ................................ [–10,000 ] 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ........................................................................ 1,482,814 1,380,264 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–102,550 ] 

050 DEPOT MAINTENANCE ............................................... 2,204,131 3,788,606 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [1,584,475 ] 

060 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 1,652,318 1,652,318 

070 BASE SUPPORT ............................................................. 2,507,179 2,482,179 

Budget Justification Does Not Match Summary of 

Price and Program Changes for Utilities ........... [–25,000 ] 

080 GLOBAL C3I AND EARLY WARNING ........................ 1,492,459 1,282,024 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–198,435 ] 

Removal of One-Time Fiscal Year 2011 Costs for 

Long Range Radar Service Life Extension Program ....................................................................... [–12,000 ] 

090 OTHER COMBAT OPS SPT PROGRAMS ................... 1,046,226 1,019,538 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–12,688 ] 

Removal of One-Time Fiscal Year 2011 Costs for 

Administrative Support for Contractor to Civilian Conversions .................................................... [–14,000 ] 

100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES .............................................................................. 696,188 691,188 

Classified Adjustment .............................................. [–5,000 ] 

110 LAUNCH FACILITIES ................................................... 321,484 313,484 

Overstated Requirement for Additional Fiscal 

Year 2012 Funding for Satellite and Launcher 

Control Ranges ..................................................... [–8,000 ] 

120 SPACE CONTROL SYSTEMS ....................................... 633,738 619,552 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–7,186 ] 

Removal of One-Time Fiscal Year 2011 Costs for 

Administrative Support for Contractor to Civilian Conversions .................................................... [–7,000 ] 

130 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ..................................................................... 735,488 664,262 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–166 ] 

Military Information Support Operations .............. [–33,700 ] 

Strategic Command Program Decreases Not Accounted for in Budget Documentation ................ [–20,000 ] 

Transfer to Title XV: CENTCOM HQ C4 .............. [–12,500 ] 

Transfer to Title XV: CENTCOM Public Affairs ... [–4,860 ] 

140 COMBATANT COMMANDERS CORE OPERATIONS 170,481 170,481 

145 UNDISTRIBUTED .......................................................... –670,000 

CONTRACTOR LOGISTICS SUPPORT ................ [–200,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1780 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

TRANSFER TO TITLE XV: READINESS AND 

DEPOT MAINTENANCE .................................... [–470,000 ] 

SUBTOTAL OPERATING FORCES .................. 20,584,637 19,664,577 

MOBILIZATION 

150 AIRLIFT OPERATIONS ................................................. 2,988,221 2,543,389 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–444,832 ] 

160 MOBILIZATION PREPAREDNESS .............................. 150,724 150,724 

170 DEPOT MAINTENANCE ............................................... 373,568 818,400 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [444,832 ] 

180 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 388,103 388,103 

190 BASE SUPPORT ............................................................. 674,230 674,230 

SUBTOTAL MOBILIZATION ............................. 4,574,846 4,574,846 

TRAINING AND RECRUITING 

200 OFFICER ACQUISITION .............................................. 114,448 114,448 

210 RECRUIT TRAINING .................................................... 22,192 22,192 

220 RESERVE OFFICERS TRAINING CORPS (ROTC) .... 90,545 90,545 

230 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 430,090 430,090 

240 BASE SUPPORT ............................................................. 789,654 749,654 

Budget Justification Does Not Match Summary of 

Price and Program Changes for Utilities ........... [–25,000 ] 

Unjustified Growth for Competitive Sourcing and 

Privatization ......................................................... [–15,000 ] 

250 SPECIALIZED SKILL TRAINING ................................ 481,357 471,357 

Budget Justification Does Not Match Summary of 

Price and Program Changes for Equipment 

Maintenance by Contract ..................................... [–10,000 ] 

260 FLIGHT TRAINING ....................................................... 957,538 957,538 

270 PROFESSIONAL DEVELOPMENT EDUCATION ..... 198,897 198,897 

280 TRAINING SUPPORT .................................................... 108,248 108,248 

290 DEPOT MAINTENANCE ............................................... 6,386 6,386 

300 RECRUITING AND ADVERTISING ............................ 136,102 136,102 

310 EXAMINING ................................................................... 3,079 3,079 

320 OFF-DUTY AND VOLUNTARY EDUCATION ............ 167,660 167,660 

330 CIVILIAN EDUCATION AND TRAINING .................. 202,767 189,767 

Maintain Service Contracts at the fiscal year 

2011 Level ............................................................. [–13,000 ] 

340 JUNIOR ROTC ................................................................ 75,259 75,259 

SUBTOTAL TRAINING AND RECRUITING .. 3,784,222 3,721,222 

ADMIN & SRVWD ACTIVITIES 

350 LOGISTICS OPERATIONS ............................................ 1,112,878 1,112,252 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [–626 ] 

360 TECHNICAL SUPPORT ACTIVITIES ......................... 785,150 785,150 

370 DEPOT MAINTENANCE ............................................... 14,356 14,982 

Consolidate Depot Maintenance Funding in the 

Depot Maintenance SAG ...................................... [626 ] 

380 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 416,588 416,588 

390 BASE SUPPORT ............................................................. 1,219,043 1,219,043 

400 ADMINISTRATION ........................................................ 662,180 662,180 

410 SERVICEWIDE COMMUNICATIONS ......................... 650,689 650,689 

420 OTHER SERVICEWIDE ACTIVITIES ......................... 1,078,769 1,060,769 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1781 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Budget Justification Does Not Match Summary of 

Price and Program Changes for DFAS ............... [–7,000 ] 

Program decrease ..................................................... [–11,000 ] 

425 FINANCIAL IMPROVEMENT AND AUDIT READINESS ............................................................................ 0 

430 CIVIL AIR PATROL ....................................................... 23,338 23,338 

460 INTERNATIONAL SUPPORT ....................................... 72,589 72,589 

465 CLASSIFIED PROGRAMS ............................................. 1,215,848 1,200,261 

Classified adjustment .............................................. [–15,587 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 7,251,428 7,217,841 

UNDISTRIBUTED 

470 UNDISTRIBUTED .......................................................... –150,000 

EXCESS WORKING CAPITAL FUND CARRYOVER ..................................................................... [–90,000 ] 

Unobligated balances ............................................... [–60,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –150,000 

TOTAL OPERATION & MAINTENANCE, 

AIR FORCE ..................................................... 36,195,133 35,028,486 

OPERATION & MAINTENANCE, DEFENSEWIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF ........................................... 563,787 558,287 

Reduce Civilian Personnel Fiscal Year 2012 Average Salary Growth ................................................ [–5,500 ] 

020 SPECIAL OPERATIONS COMMAND .......................... 3,986,766 3,893,859 

Transfer to Title XV: Military Information Support Activities .................................................... [–57,300 ] 

Aviation Foreign Internal Defense ......................... [–17,607 ] 

Reduce Civilian Personnel fiscal year 2012 Average Salary Growth ................................................ [–10,000 ] 

Sustaining Base Communications—Excessive 

Gowth .................................................................... [–8,000 ] 

SUBTOTAL OPERATING FORCES .................. 4,550,553 4,452,146 

TRAINING AND RECRUITING 

030 DEFENSE ACQUISITION UNIVERSITY .................... 124,075 124,075 

040 NATIONAL DEFENSE UNIVERSITY .......................... 93,348 93,348 

SUBTOTAL TRAINING AND RECRUITING .. 217,423 217,423 

ADMIN & SRVWD ACTIVITIES 

050 CIVIL MILITARY PROGRAMS ..................................... 159,692 159,692 

080 DEFENSE CONTRACT AUDIT AGENCY ................... 508,822 469,622 

Reduction in Non-Pay Personnel Support Overhead Costs ............................................................. [–39,200 ] 

090 DEFENSE CONTRACT MANAGEMENT AGENCY ... 1,147,366 1,147,366 

100 DEFENSE FINANCE AND ACCOUNTING SERVICE 12,000 12,000 

110 DEFENSE HUMAN RESOURCES ACTIVITY ............ 676,419 645,989 

Overstatement of Fiscal Year 2012 Costs for Civilian Personnel .................................................... [–30,000 ] 

Unjustified Increase for the Request for Defense 

Advisory Committee on Women in the Services 

Program Reporting ............................................... [–430 ] 

120 DEFENSE INFORMATION SYSTEMS AGENCY ....... 1,360,392 1,360,392 

140 DEFENSE LEGAL SERVICES AGENCY .................... 37,367 37,367 

150 DEFENSE LOGISTICS AGENCY ................................. 450,863 452,263 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1782 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Efficiencies in the Continutity of Operations Policy ........................................................................... [–3,000 ] 

Procurement Technical Assistance Program ......... [6,000 ] 

Unjustified Request for the Defense Property Accountability System Program Office ................... [–1,600 ] 

160 DEFENSE MEDIA ACTIVITY ....................................... 256,133 256,133 

170 DEFENSE POW/MIA OFFICE ...................................... 22,372 22,372 

180 DEFENSE SECURITY COOPERATION AGENCY - 

GLOBAL TRAIN AND EQUIP ................................... 500,000 350,000 

Reduction to Global Train and Equip .................... [–150,000 ] 

185 DEFENSE SECURITY COOPERATION AGENCY - 

OTHER ......................................................................... 182,831 180,551 

Authorization Adjustment—Security Cooperation 

Assessment Office ................................................. [–2,280 ] 

190 DEFENSE SECURITY SERVICE ................................. 505,366 505,366 

200 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ..................................................................... 33,848 33,848 

210 DEFENSE THREAT REDUCTION AGENCY ............. 432,133 432,133 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................ 2,768,677 2,695,677 

Transfer to Title XV: Child Care and Counseling [–73,000 ] 

230 MISSILE DEFENSE AGENCY ...................................... 202,758 202,758 

250 OFFICE OF ECONOMIC ADJUSTMENT ................... 81,754 48,754 

Ahead of need - Guam FSRM ................................. [–33,000 ] 

260 OFFICE OF THE SECRETARY OF DEFENSE .......... 2,201,964 2,164,564 

Additional Efficiencies Based on Disestablishment of the Assistant Secretary of Defense 

(Networks and Information Integration) ............ [–10,000 ] 

Unjustified Growth for Boards and Commissions [–7,300 ] 

Unjustified Growth for Equipment Maintenance 

by Contract ............................................................ [–10,000 ] 

Unjustified Growth for the Office of the Under 

Secretary of Defense, Policy and for other OSD 

Programs ............................................................... [–10,100 ] 

270 WASHINGTON HEADQUARTERS SERVICE ............ 563,184 556,684 

Removal of Fiscal Year 2011 Costs Budgeted for 

the Defense Agencies Initiative ........................... [–6,500 ] 

275 CLASSIFIED PROGRAMS ............................................. 14,068,492 13,628,508 

Classified adjustment .............................................. [–439,984 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 26,172,433 25,362,039 

UNDISTRIBUTED 

280 UNDISTRIBUTED .......................................................... –155,245 

DOD Impact Aid (Section 581) ................................ [40,000 ] 

Reduction to Federally Funded Research and Development Centers ................................................ [–150,245 ] 

Severe disabilities .................................................... [5,000 ] 

Unobligated balances ............................................... [–50,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –155,245 

TOTAL OPERATION & MAINTENANCE, 

DEFENSE-WIDE ............................................ 30,940,409 29,876,363 

OPERATION & MAINTENANCE, ARMY RESERVE 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 1,091 1,091 

020 MODULAR SUPPORT BRIGADES ............................... 18,129 18,129 

030 ECHELONS ABOVE BRIGADE .................................... 492,705 492,705 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1783 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

040 THEATER LEVEL ASSETS .......................................... 137,304 137,304 

050 LAND FORCES OPERATIONS SUPPORT .................. 597,786 597,786 

060 AVIATION ASSETS ........................................................ 67,366 67,366 

070 FORCE READINESS OPERATIONS SUPPORT ......... 474,966 448,523 

Sustainment Costs For Weapons of Mass Destruction Equipment Purchases Not Needed in Fiscal Year 2012 ........................................................ [–6,000 ] 

Unjustified Funding for Milcon Planning and Design ........................................................................ [–20,443 ] 

080 LAND FORCES SYSTEMS READINESS ..................... 69,841 69,841 

090 LAND FORCES DEPOT MAINTENANCE .................. 247,010 247,010 

100 BASE OPERATIONS SUPPORT ................................... 590,078 583,078 

Reduction for Payments to the General Services 

Administration for Standard Level User 

Charges Not Properly Accounted for in Budget 

Documentation ...................................................... [–7,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & 

MODERNIZATION ..................................................... 255,618 255,618 

125 UNDISTRIBUTED .......................................................... 0 

SUBTOTAL OPERATING FORCES .................. 2,951,894 2,918,451 

ADMIN & SRVWD ACTIVITIES 

130 SERVICEWIDE TRANSPORTATION ........................... 14,447 14,447 

140 ADMINISTRATION ........................................................ 76,393 76,393 

150 SERVICEWIDE COMMUNICATIONS ......................... 3,844 3,844 

160 MANPOWER MANAGEMENT ...................................... 9,033 9,033 

170 RECRUITING AND ADVERTISING ............................ 53,565 53,565 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 157,282 157,282 

UNDISTRIBUTED 

175 UNDISTRIBUTED .......................................................... –4,000 

Unjustified Increase Budgeted for Fiscal Year 

2012 Price Growth for Civilian Compensation .. [–4,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –4,000 

TOTAL OPERATION & MAINTENANCE, 

ARMY RESERVE ........................................... 3,109,176 3,071,733 

OPERATION & MAINTENANCE, NAVY RESERVE 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ........ 622,868 622,868 

020 INTERMEDIATE MAINTENANCE .............................. 16,041 16,041 

030 AIR OPERATIONS AND SAFETY SUPPORT ............. 1,511 1,511 

040 AIRCRAFT DEPOT MAINTENANCE .......................... 123,547 123,547 

050 AIRCRAFT DEPOT OPERATIONS SUPPORT ............ 379 379 

060 MISSION AND OTHER SHIP OPERATIONS ............. 49,701 49,701 

070 SHIP OPERATIONS SUPPORT & TRAINING ........... 593 593 

080 SHIP DEPOT MAINTENANCE .................................... 53,916 53,916 

090 COMBAT COMMUNICATIONS .................................... 15,445 15,445 

100 COMBAT SUPPORT FORCES ...................................... 153,942 153,942 

110 WEAPONS MAINTENANCE ......................................... 7,292 7,292 

120 ENTERPRISE INFORMATION ..................................... 75,131 57,131 

Unjustified Growth for Next Generation Enterprise Network Seat Services ................................ [–18,000 ] 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 72,083 72,083 

140 BASE OPERATING SUPPORT ..................................... 109,024 109,024 

SUBTOTAL OPERATING FORCES .................. 1,301,473 1,283,473 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1784 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

ADMIN & SRVWD ACTIVITIES 

150 ADMINISTRATION ........................................................ 1,857 1,857 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................... 14,438 14,438 

170 SERVICEWIDE COMMUNICATIONS ......................... 2,394 2,394 

180 ACQUISITION AND PROGRAM MANAGEMENT ..... 2,972 2,972 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 21,661 21,661 

TOTAL OPERATION & MAINTENANCE, 

NAVY RESERVE ............................................ 1,323,134 1,305,134 

OPERATION & MAINTENANCE, MARINE 

CORPS RESERVE 

OPERATING FORCES 

010 OPERATING FORCES ................................................... 94,604 94,604 

020 DEPOT MAINTENANCE ............................................... 16,382 16,382 

040 SUSTAINMENT, RESTORATION AND MODERNIZATION .............................................................. 31,520 31,520 

050 BASE OPERATING SUPPORT ..................................... 105,809 105,809 

SUBTOTAL OPERATING FORCES .................. 248,315 248,315 

ADMIN & SRVWD ACTIVITIES 

070 SERVICEWIDE TRANSPORTATION ........................... 852 852 

080 ADMINISTRATION ........................................................ 13,257 13,257 

090 RECRUITING AND ADVERTISING ............................ 9,019 9,019 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 23,128 23,128 

TOTAL OPERATION & MAINTENANCE, 

MARINE CORPS RESERVE ........................ 271,443 271,443 

OPERATION & MAINTENANCE, AIR FORCE 

RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES ...................................... 2,171,853 2,171,853 

020 MISSION SUPPORT OPERATIONS ............................ 116,513 116,513 

030 DEPOT MAINTENANCE ............................................... 471,707 471,707 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 77,161 77,161 

050 BASE SUPPORT ............................................................. 308,974 308,974 

SUBTOTAL OPERATING FORCES .................. 3,146,208 3,146,208 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ........................................................ 84,423 84,423 

070 RECRUITING AND ADVERTISING ............................ 17,076 17,076 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) 19,688 19,688 

090 OTHER PERS SUPPORT (DISABILITY COMP) ......... 6,170 6,170 

100 AUDIOVISUAL ............................................................... 794 794 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 128,151 128,151 

TOTAL OPERATION & MAINTENANCE, 

AIR FORCE RESERVE ................................. 3,274,359 3,274,359 

OPERATION & MAINTENANCE, ARMY NATIONAL GUARD 

OPERATING FORCES 

010 MANEUVER UNITS ....................................................... 634,181 634,181 

020 MODULAR SUPPORT BRIGADES ............................... 189,899 189,899 

030 ECHELONS ABOVE BRIGADE .................................... 751,899 751,899 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1785 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

040 THEATER LEVEL ASSETS .......................................... 112,971 112,971 

050 LAND FORCES OPERATIONS SUPPORT .................. 33,972 33,972 

060 AVIATION ASSETS ........................................................ 854,048 838,048 

Unjustified Growth for Duty Military Occupation 

Specialities Qualified (DMOSQ) Training .......... [–16,000 ] 

070 FORCE READINESS OPERATIONS SUPPORT ......... 706,299 706,299 

080 LAND FORCES SYSTEMS READINESS ..................... 50,453 50,453 

090 LAND FORCES DEPOT MAINTENANCE .................. 646,608 646,608 

100 BASE OPERATIONS SUPPORT ................................... 1,028,126 988,626 

Unjustified Growth for Public Affairs .................... [–4,500 ] 

Unjustified Growth for Travel ................................ [–25,000 ] 

Unjustified Growth for Utilities Based on Metrics 

Provided in Budget Documentation .................... [–10,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & 

MODERNIZATION ..................................................... 618,513 618,513 

120 MANAGEMENT AND OPERATIONAL HQ ................ 792,575 787,575 

Army National Guard-Identified Excess ................ [–5,000 ] 

SUBTOTAL OPERATING FORCES .................. 6,419,544 6,359,044 

ADMIN & SRVWD ACTIVITIES 

140 SERVICEWIDE TRANSPORTATION ........................... 11,703 11,703 

150 ADMINISTRATION ........................................................ 178,655 178,655 

160 SERVICEWIDE COMMUNICATIONS ......................... 42,073 42,073 

170 MANPOWER MANAGEMENT ...................................... 6,789 6,789 

180 RECRUITING AND ADVERTISING ............................ 382,668 382,668 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 621,888 621,888 

UNDISTRIBUTED 

185 UNDISTRIBUTED .......................................................... –56,000 

Decrease in OPTEMPO as cited by Army .............. [–25,000 ] 

Deny Increase Budgeted for Fiscal Year 2012 

Price Growth for Civilian Compensation ............ [–11,000 ] 

Reduction in non-dual status technician limitation ......................................................................... [–20,000 ] 

SUBTOTAL UNDISTRIBUTED .......................... –56,000 

TOTAL OPERATION & MAINTENANCE, 

ARMY NATIONAL GUARD .......................... 7,041,432 6,924,932 

OPERATION & MAINTENANCE, AIR NATIONAL GUARD 

OPERATING FORCES 

010 AIRCRAFT OPERATIONS ............................................. 3,651,900 3,647,900 

Overstated Requirement for Additional fiscal year 

2012 Funding for Air Sovereignty Alert Program ....................................................................... [–4,000 ] 

020 MISSION SUPPORT OPERATIONS ............................ 751,519 751,519 

030 DEPOT MAINTENANCE ............................................... 753,525 753,525 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION ..................................................... 284,348 284,348 

050 BASE SUPPORT ............................................................. 621,942 588,442 

O&M Air National Guard Request Inconsistent 

with Information Technology Budget Justification for Base Level Communication Infrastructure ........................................................................ [–23,500 ] 

O&M Air National Guard Request Inconsistent 

with MIP Budget Justification for Air Intelligence Systems ..................................................... [–10,000 ] 

SUBTOTAL OPERATING FORCES .................. 6,063,234 6,025,734 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1786 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4301. OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

ADMIN & SRVWD ACTIVITIES 

060 ADMINISTRATION ........................................................ 39,387 39,387 

070 RECRUITING AND ADVERTISING ............................ 33,659 33,659 

SUBTOTAL ADMIN & SRVWD ACTIVITIES 73,046 73,046 

TOTAL OPERATION & MAINTENANCE, 

AIR NATIONAL GUARD .............................. 6,136,280 6,098,780 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED 

FORCES, DEFENSE ................................................... 13,861 13,861 

020 OVERSEAS HUMANITARIAN, DISASTER AND 

CIVIC AID .................................................................... 107,662 107,662 

030 COOPERATIVE THREAT REDUCTION ..................... 508,219 508,219 

040 ACQ WORKFORCE DEV FD ......................................... 305,501 105,501 

Program Decrease .................................................... [–200,000 ] 

050 ENVIRONMENTAL RESTORATION, ARMY .............. 346,031 346,031 

060 ENVIRONMENTAL RESTORATION, NAVY .............. 308,668 308,668 

070 ENVIRONMENTAL RESTORATION, AIR FORCE .... 525,453 525,453 

080 ENVIRONMENTAL RESTORATION, DEFENSE ....... 10,716 10,716 

090 ENVIRONMENTAL RESTORATION, FORMERLY 

USED SITES ................................................................ 276,495 276,495 

100 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND ................................................................... 5,000 0 

Program Reduction .................................................. [–5,000 ] 

SUBTOTAL MISCELLANEOUS APPROPRIATIONS ................................................................... 2,407,606 2,202,606 

TOTAL MISCELLANEOUS APPROPRIATIONS ............................................................... 2,407,606 2,202,606 

010 DEFERRED EXPENSES FOR FOREIGN OPERATIONS ........................................................................ 0 

TOTAL DEFERRED EXPENSES FOR FOREIGN OPERATIONS ..................................... 0 

TOTAL OPERATION & MAINTENANCE .... 170,759,313 162,187,826 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY 

OPERATING FORCES 

040 THEATER LEVEL ASSETS .................................................. 3,424,314 3,485,083 

Transfer from Title III: Chemical Defense Equipment [8,579 ] 

Transfer from Title III: Combined Arms Training 

Strategy ........................................................................ [23,198 ] 

Transfer from Title III: Theater Demand Reduction ... [18,692 ] 

Transfer from Title III: UAS—Gray Eagle Satellite 

Service .......................................................................... [10,300 ] 

050 LAND FORCES OPERATIONS SUPPORT ......................... 1,534,886 1,707,704 

Transfer from Title III: Combat Training Center Role 

Players .......................................................................... [30,091 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1787 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Transfer from Title III: Fox Nuclear Biological and 

ChemicalReconnaissance Vehicle Contract Logistics 

Support ......................................................................... [12,062 ] 

Transfer from Title III: Joint Maneuver Readiness 

Center Opposing Force Augmentation ....................... [4,545 ] 

Transfer from Title III: Joint Readiness Training Center Opposing Force Augmentation ............................. [26,940 ] 

Transfer from Title III: MRAP Vehicle Sustainment 

at Combat Training Centers ....................................... [6,420 ] 

Transfer from Title III: National Training Center Tier 

Two Level Maintenance Contract .............................. [24,000 ] 

Transfer from Title III: National Training Center War 

Fighter Focus ............................................................... [26,650 ] 

Transfer from Title III: Sustainment Brigade and 

FunctionalBrigade Warfighter Exercise .................... [20,285 ] 

Transfer from Title III: Theater Demand Reduction ... [14,984 ] 

Transfer from Title III: Tube-Launched, OpticallyTracked, Wire-Guided Missile (TOW) Improved Target Acquisition System (ITAS) Contract Logistics 

Support ......................................................................... [6,841 ] 

060 AVIATION ASSETS ............................................................... 87,166 155,278 

Transfer from Title III: Combined Arms Training 

Strategy ........................................................................ [6,607 ] 

Transfer from Title III: Theater Demand Reduction ... [61,505 ] 

070 FORCE READINESS OPERATIONS SUPPORT ................ 2,675,821 2,816,477 

Transfer from Title III: Battle Simulation Centers ...... [59,702 ] 

Transfer from Title III: Body Armor Sustainment ....... [71,660 ] 

Transfer from Title III: Rapid Equipping Force Readiness ............................................................................... [9,294 ] 

080 LAND FORCES SYSTEMS READINESS ............................ 579,000 605,332 

Transfer from Title III: Capability Development and 

Integration .................................................................... [5,161 ] 

Transfer from Title III: Fixed Wing Life Cycle Contract Support ................................................................ [21,171 ] 

090 LAND FORCES DEPOT MAINTENANCE .......................... 1,000,000 1,000,000 

100 BASE OPERATIONS SUPPORT .......................................... 951,371 1,191,707 

Transfer from Title III: Overseas Security Guards ...... [200,000 ] 

Transfer from Title III: Senior Leader Initiative: Comprehensive Soldier Fitness Program .......................... [30,000 ] 

Transfer from Title III: Training Range Maintenance [10,336 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ...................................................................... 250,000 250,000 

140 ADDITIONAL ACTIVITIES .................................................. 22,998,441 24,872,494 

Military Information Support Operations ..................... [–40,625 ] 

Synchronization Pre-Deployment and Operational 

Tracker Fully Funded in O&M DW Base Request in 

fiscal year 2012 ............................................................ [–12,000 ] 

Transfer from Base, SAG 111: MRAP Vehicle 

Sustainment ................................................................. [2,539 ] 

Transfer from Base, SAG 111: Theater Demand Reduction .......................................................................... [148,194 ] 

Transfer from Base, SAG 112: Theater Demand Reduction .......................................................................... [2,282 ] 

Transfer from title III—Readiness (transfer from BA– 

1 undistributed) ........................................................... [1,454,500 ] 

Transfer from title III SAG 111—Combined Arms 

Training Strategy ........................................................ [217,376 ] 

Transfer from title III SAG 112—Combined Arms 

Training Strategy ........................................................ [11,752 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1788 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Transfer from title III SAG 113—Combined Arms 

Training Strategy ........................................................ [74,852 ] 

Transfer from title III SAG 321—Survivability and 

Maneuverability Training ........................................... [15,183 ] 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM 425,000 400,000 

Unjustified Request for CERP Iraq ............................... [–25,000 ] 

160 RESET ..................................................................................... 3,955,429 3,955,429 

SUBTOTAL OPERATING FORCES ......................... 37,881,428 40,439,504 

ADMIN & SRVWIDE ACTIVITIES 

340 SECURITY PROGRAMS ....................................................... 2,476,766 2,436,766 

ARGUS A–160 deployment delays ................................. [–40,000 ] 

350 SERVICEWIDE TRANSPORTATION .................................. 3,507,186 3,507,186 

360 CENTRAL SUPPLY ACTIVITIES ........................................ 50,740 50,740 

380 AMMUNITION MANAGEMENT ......................................... 84,427 84,427 

400 SERVICEWIDE COMMUNICATIONS ................................ 66,275 40,075 

Transfer to Title II—Automated Biometric Identification System .................................................................. [–26,200 ] 

420 OTHER PERSONNEL SUPPORT ........................................ 143,391 143,391 

430 OTHER SERVICE SUPPORT ............................................... 92,067 92,067 

SUBTOTAL ADMIN & SRVWIDE ACTIVITIES .... 6,420,852 6,354,652 

UNDISTRIBUTED 

480 UNDISTRIBUTED ................................................................. –1,195,000 

Department of Defense—Excess to Requirement ......... [–1,195,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –1,195,000 

TOTAL OPERATION & MAINTENANCE, 

ARMY ....................................................................... 44,302,280 45,599,156 

OPERATION & MAINTENANCE, NAVY 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............... 1,058,114 1,301,614 

Transfer from title III—Flying Hours ........................... [180,945 ] 

Transfer from title III—MV 22B Pricing Variance ...... [82,555 ] 

Unjustified Growth for Temporary Duty ....................... [–20,000 ] 

020 FLEET AIR TRAINING ......................................................... 7,700 7,700 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ........................................................................... 9,200 9,200 

040 AIR OPERATIONS AND SAFETY SUPPORT .................... 12,934 12,934 

050 AIR SYSTEMS SUPPORT ..................................................... 39,566 39,566 

060 AIRCRAFT DEPOT MAINTENANCE .................................. 174,052 174,052 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................... 1,586 1,586 

080 AVIATION LOGISTICS ......................................................... 50,852 50,852 

090 MISSION AND OTHER SHIP OPERATIONS .................... 1,132,948 1,107,948 

Realignment of Funding to SAG 2C1H not Accounted 

for in Budget Documentation ..................................... [–25,000 ] 

100 SHIP OPERATIONS SUPPORT & TRAINING ................... 26,822 26,822 

110 SHIP DEPOT MAINTENANCE ............................................ 998,172 998,172 

130 COMBAT COMMUNICATIONS ........................................... 26,533 26,533 

160 WARFARE TACTICS ............................................................. 22,657 22,657 

170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ................................................................................. 28,141 28,141 

180 COMBAT SUPPORT FORCES ............................................. 1,932,640 2,125,441 

Transfer from Title III: Naval Expeditionary Combat 

Command Increases .................................................... [192,801 ] 

190 EQUIPMENT MAINTENANCE ........................................... 19,891 19,891 

210 COMBATANT COMMANDERS CORE OPERATIONS ...... 5,465 5,465 

220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 2,093 10,393 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1789 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

Transfer from title III—JSOTF-Philippines ................. [8,300 ] 

250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ................. 125,460 134,460 

Transfer from Title III: Naval Expeditionary Combat 

Command ..................................................................... [9,000 ] 

260 WEAPONS MAINTENANCE ................................................ 201,083 166,083 

Unjustified Growth for Weapons Sustainment ............. [–35,000 ] 

270 OTHER WEAPON SYSTEMS SUPPORT ............................ 1,457 1,457 

280 ENTERPRISE INFORMATION ............................................ 5,095 –5,095 

Navy-Identified Excess for Network Management Systems .............................................................................. [–5,095 ] 

290 SUSTAINMENT, RESTORATION AND MODERNIZATION .................................................................................... 26,793 26,793 

300 BASE OPERATING SUPPORT ............................................ 352,210 394,880 

Civilian Pay Overstatement Due to No Requirement 

for FTE in this SAG .................................................... [–7,330 ] 

Transfer from Title III: Regional/Emergency Operations Center ................................................................ [50,000 ] 

305 UNDISTRIBUTED ................................................................. 495,000 

Transfer from Base: Readiness and Depot Maintenance (BA–1 Undistributed) ....................................... [495,000 ] 

SUBTOTAL OPERATING FORCES ......................... 6,261,464 7,187,640 

MOBILIZATION 

310 SHIP PREPOSITIONING AND SURGE .............................. 29,010 29,010 

340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ......... 34,300 64,304 

Realignment of Funding from 1B1B not Accounted for 

in Budget Documentation ........................................... [25,000 ] 

Transfer from Title III: Medical/Equipment costs for 

USNS MERCY ............................................................. [5,004 ] 

360 COAST GUARD SUPPORT ................................................... 258,278 –258,278 

Direct Appropriation to Department of Homeland Security ............................................................................. [–258,278 ] 

SUBTOTAL MOBILIZATION ..................................... 321,588 93,314 

TRAINING AND RECRUITING 

400 SPECIALIZED SKILL TRAINING ....................................... 69,961 72,961 

Transfer from Title III: Naval Sea Systems Command 

Visit, Board, Search and Seizure (VBSS)/Explosive 

Ordnance Device (EOD) Training .............................. [3,000 ] 

430 TRAINING SUPPORT ........................................................... 5,400 5,400 

SUBTOTAL TRAINING AND RECRUITING ......... 75,361 78,361 

ADMIN & SRVWD ACTIVITIES 

480 ADMINISTRATION ............................................................... 2,348 2,348 

510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT .................................................................................. 6,142 18,699 

Transfer from Title III: Family Readiness Programs .. [3,557 ] 

Transfer from Title III: Navy Manpower and Personnel System/NSIPS .................................................. [9,000 ] 

520 OTHER PERSONNEL SUPPORT ........................................ 5,849 5,849 

530 SERVICEWIDE COMMUNICATIONS ................................ 28,511 28,511 

550 SERVICEWIDE TRANSPORTATION .................................. 263,593 238,593 

Unjustified Growth for Transportation Estimates ....... [–25,000 ] 

580 ACQUISITION AND PROGRAM MANAGEMENT ............ 17,414 17,414 

610 SPACE AND ELECTRONIC WARFARE SYSTEMS .......... 1,075 1,075 

620 NAVAL INVESTIGATIVE SERVICE ................................... 6,564 6,564 

650 FOREIGN COUNTERINTELLIGENCE .............................. 14,598 14,598 

705 CLASSIFIED PROGRAMS .................................................... 2,060 2,060 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 348,154 335,711 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1790 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

TOTAL OPERATION & MAINTENANCE, NAVY 7,006,567 7,695,026 

OPERATION & MAINTENANCE, MARINE CORPS 

OPERATING FORCES 

010 OPERATIONAL FORCES ..................................................... 2,069,485 2,086,485 

Marine Corps Requested Transfer for Family of Shelters from Procurement, Marine Corps line 38 .......... [17,000 ] 

020 FIELD LOGISTICS ................................................................ 575,843 575,843 

030 DEPOT MAINTENANCE ...................................................... 251,100 363,100 

Transfer from Title III: Depot Maintenance ................. [112,000 ] 

070 BASE OPERATING SUPPORT ............................................ 82,514 82,514 

075 UNDISTRIBUTED ................................................................. 235,000 

Transfer from Title III: Readiness and Depot Maintenance (BA–1 Undistributed) ....................................... [235,000 ] 

SUBTOTAL OPERATING FORCES ......................... 2,978,942 3,342,942 

TRAINING AND RECRUITING 

130 TRAINING SUPPORT ........................................................... 209,784 209,784 

SUBTOTAL TRAINING AND RECRUITING ......... 209,784 209,784 

ADMIN & SRVWD ACTIVITIES 

180 SERVICEWIDE TRANSPORTATION .................................. 376,495 376,495 

190 ADMINISTRATION ............................................................... 5,989 5,989 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 382,484 382,484 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS .......................................................... 3,571,210 3,935,210 

OPERATION & MAINTENANCE, AIR FORCE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES .............................................. 2,115,901 2,185,901 

Transfer from Title III—Theater Security Package ..... [70,000 ] 

020 COMBAT ENHANCEMENT FORCES ................................. 2,033,929 2,033,929 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ............................................................................... 46,844 46,844 

050 DEPOT MAINTENANCE ...................................................... 312,361 312,361 

060 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 334,950 334,950 

070 BASE SUPPORT .................................................................... 641,404 641,404 

080 GLOBAL C3I AND EARLY WARNING ............................... 69,330 69,330 

090 OTHER COMBAT OPS SPT PROGRAMS ........................... 297,015 297,015 

120 SPACE CONTROL SYSTEMS .............................................. 16,833 16,833 

130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 46,390 63,750 

Transfer from Title III: CENTCOM HQ C4 .................. [12,500 ] 

Transfer from Title III: CENTCOM Public Affairs ...... [4,860 ] 

145 UNDISTRIBUTED ................................................................. 470,000 

Transfer from Title III: Readiness and Depot Maintenance (BA–1 Undistributed) ....................................... [470,000 ] 

SUBTOTAL OPERATING FORCES ......................... 5,914,957 6,472,317 

MOBILIZATION 

150 AIRLIFT OPERATIONS ........................................................ 3,533,338 3,533,338 

160 MOBILIZATION PREPAREDNESS ..................................... 85,416 85,416 

170 DEPOT MAINTENANCE ...................................................... 161,678 161,678 

180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 9,485 9,485 

190 BASE SUPPORT .................................................................... 30,033 30,033 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1791 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

SUBTOTAL MOBILIZATION ..................................... 3,819,950 3,819,950 

TRAINING AND RECRUITING 

230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...................................................................... 908 908 

240 BASE SUPPORT .................................................................... 2,280 2,280 

250 SPECIALIZED SKILL TRAINING ....................................... 29,592 29,592 

260 FLIGHT TRAINING .............................................................. 154 154 

270 PROFESSIONAL DEVELOPMENT EDUCATION ............. 691 691 

280 TRAINING SUPPORT ........................................................... 753 753 

SUBTOTAL TRAINING AND RECRUITING ......... 34,378 34,378 

ADMIN & SRVWD ACTIVITIES 

350 LOGISTICS OPERATIONS ................................................... 155,121 155,121 

390 BASE SUPPORT .................................................................... 20,677 20,677 

400 ADMINISTRATION ............................................................... 3,320 3,320 

410 SERVICEWIDE COMMUNICATIONS ................................ 111,561 111,561 

420 OTHER SERVICEWIDE ACTIVITIES ................................ 605,223 605,223 

465 CLASSIFIED PROGRAMS .................................................... 54,000 54,000 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 949,902 949,902 

UNDISTRIBUTED 

470 UNDISTRIBUTED ................................................................. –25,000 

Unjustified Growth in Civilian Personnel Costs .......... [–25,000 ] 

SUBTOTAL UNDISTRIBUTED ................................. –25,000 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE ..................................................................... 10,719,187 11,251,547 

OPERATION & MAINTENANCE, DEFENSE-WIDE 

OPERATING FORCES 

010 JOINT CHIEFS OF STAFF .................................................. 2,000 2,000 

020 SPECIAL OPERATIONS COMMAND ................................. 3,269,939 3,295,239 

Military Information Support Activities—Transfer 

from Base ..................................................................... [50,300 ] 

Unjustified Program Growth in Operating Support for 

Operation New Dawn .................................................. [–25,000 ] 

SUBTOTAL OPERATING FORCES ......................... 3,271,939 3,297,239 

ADMIN & SRVWD ACTIVITIES 

080 DEFENSE CONTRACT AUDIT AGENCY .......................... 23,478 23,478 

090 DEFENSE CONTRACT MANAGEMENT AGENCY .......... 87,925 87,925 

120 DEFENSE INFORMATION SYSTEMS AGENCY .............. 164,520 164,520 

140 DEFENSE LEGAL SERVICES AGENCY ............................ 102,322 67,322 

Unjustified Program Growth .......................................... [–35,000 ] 

160 DEFENSE MEDIA ACTIVITY .............................................. 15,457 15,457 

185 DEFENSE SECURITY COOPERATION AGENCY— 

OTHER ................................................................................ 2,200,000 2,140,000 

Coalition Support Funds: Excess to Need for Contract 

Renewal ........................................................................ [–60,000 ] 

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 194,100 267,100 

Transfer from Title III: Child Care and Counseling .... [73,000 ] 

260 OFFICE OF THE SECRETARY OF DEFENSE .................. 143,870 143,870 

275 CLASSIFIED PROGRAMS .................................................... 3,065,800 3,041,800 

Classified Adjustment ..................................................... [–24,000 ] 

SUBTOTAL ADMIN & SRVWD ACTIVITIES ......... 5,997,472 5,951,472 

TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE ......................................................... 9,269,411 9,248,711 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1792 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, ARMY RESERVE 

OPERATING FORCES 

030 ECHELONS ABOVE BRIGADE ........................................... 84,200 84,200 

050 LAND FORCES OPERATIONS SUPPORT ......................... 28,100 28,100 

070 FORCE READINESS OPERATIONS SUPPORT ................ 20,700 20,700 

100 BASE OPERATIONS SUPPORT .......................................... 84,500 84,500 

SUBTOTAL OPERATING FORCES ......................... 217,500 217,500 

TOTAL OPERATION & MAINTENANCE, 

ARMY RESERVE ................................................... 217,500 217,500 

OPERATION & MAINTENANCE, NAVY RESERVE 

OPERATING FORCES 

010 MISSION AND OTHER FLIGHT OPERATIONS ............... 38,402 38,402 

020 INTERMEDIATE MAINTENANCE ..................................... 400 400 

040 AIRCRAFT DEPOT MAINTENANCE .................................. 11,330 11,330 

060 MISSION AND OTHER SHIP OPERATIONS .................... 10,137 10,137 

100 COMBAT SUPPORT FORCES ............................................. 13,827 13,827 

140 BASE OPERATING SUPPORT ............................................ 52 52 

SUBTOTAL OPERATING FORCES ......................... 74,148 74,148 

TOTAL OPERATION & MAINTENANCE, NAVY 

RESERVE ................................................................ 74,148 74,148 

OPERATION & MAINTENANCE, MARINE CORPS 

RESERVE 

OPERATING FORCES 

010 OPERATING FORCES .......................................................... 31,284 31,284 

050 BASE OPERATING SUPPORT ............................................ 4,800 4,800 

SUBTOTAL OPERATING FORCES ......................... 36,084 36,084 

TOTAL OPERATION & MAINTENANCE, MARINE CORPS RESERVE ..................................... 36,084 36,084 

OPERATION & MAINTENANCE, AIR FORCE RESERVE 

OPERATING FORCES 

010 PRIMARY COMBAT FORCES .............................................. 4,800 4,800 

030 DEPOT MAINTENANCE ...................................................... 131,000 131,000 

050 BASE SUPPORT .................................................................... 6,250 6,250 

SUBTOTAL OPERATING FORCES ......................... 142,050 142,050 

TOTAL OPERATION & MAINTENANCE, AIR 

FORCE RESERVE ................................................ 142,050 142,050 

OPERATION & MAINTENANCE, ARMY NATIONAL 

GUARD 

OPERATING FORCES 

010 MANEUVER UNITS .............................................................. 89,930 89,930 

060 AVIATION ASSETS ............................................................... 130,848 130,848 

070 FORCE READINESS OPERATIONS SUPPORT ................ 110,011 100,011 

Duplicate Request for Military Pay Support Contract 

(Requested in both SAG 121 and SAG 131) .............. [–10,000 ] 

100 BASE OPERATIONS SUPPORT .......................................... 34,788 34,788 

120 MANAGEMENT AND OPERATIONAL HQ ........................ 21,967 21,967 

SUBTOTAL OPERATING FORCES ......................... 387,544 377,544 

TOTAL OPERATION & MAINTENANCE, 

ARMY NATIONAL GUARD ................................. 387,544 377,544 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1793 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

OPERATION & MAINTENANCE, AIR NATIONAL 

GUARD 

OPERATING FORCES 

020 MISSION SUPPORT OPERATIONS .................................... 34,050 34,050 

SUBTOTAL OPERATING FORCES ......................... 34,050 34,050 

TOTAL OPERATION & MAINTENANCE, AIR 

NATIONAL GUARD .............................................. 34,050 34,050 

AFGHANISTAN SECURITY FORCES FUND 

MINISTRY OF DEFENSE 

010 INFRASTRUCTURE .............................................................. 1,304,350 1,304,350 

020 EQUIPMENT AND TRANSPORTATION ............................ 1,667,905 1,432,490 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement ............................... [–235,415 ] 

030 TRAINING AND OPERATIONS .......................................... 751,073 751,073 

040 SUSTAINMENT ..................................................................... 3,331,774 3,033,984 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement ............................... [–297,790 ] 

SUBTOTAL MINISTRY OF DEFENSE .................... 7,055,102 6,521,897 

MINISTRY OF INTERIOR 

060 INFRASTRUCTURE .............................................................. 1,128,584 1,128,584 

070 EQUIPMENT AND TRANSPORTATION ............................ 1,530,420 601,915 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement ............................... [–928,505 ] 

080 TRAINING AND OPERATIONS .......................................... 1,102,430 1,102,430 

090 SUSTAINMENT ..................................................................... 1,938,715 1,800,425 

Revised Combined Security Transition Command—Afghanistan (CSTC-A) requirement ............................... [–138,290 ] 

SUBTOTAL MINISTRY OF INTERIOR ................... 5,700,149 4,633,354 

ASSOCIATED ACTIVITIES 

110 SUSTAINMENT ..................................................................... 21,187 21,187 

120 TRAINING AND OPERATIONS .......................................... 7,344 7,344 

130 INFRASTRUCTURE .............................................................. 15,000 15,000 

150 EQUIPMENT AND TRANSPORTATION ............................ 1,218 1,218 

SUBTOTAL ASSOCIATED ACTIVITIES ................. 44,749 44,749 

TOTAL AFGHANISTAN SECURITY FORCES 

FUND ....................................................................... 12,800,000 11,200,000 

AFGHANISTAN INFRASTRUCTURE FUND 

POWER 

010 POWER ................................................................................... 300,000 300,000 

020 TRANSPORTATION .............................................................. 100,000 100,000 

030 WATER ................................................................................... 50,000 50,000 

040 OTHER RELATED ACTIVITIES .......................................... 25,000 –50,000 

Authorization Adjustment .............................................. [–75,000 ] 

SUBTOTAL POWER .................................................... 475,000 400,000 

TOTAL AFGHANISTAN INFRASTRUCTURE 

FUND ....................................................................... 475,000 400,000 

UNDISTRIBUTED GENERAL PROVISIONS 

UNDISTRIBUTED GENERAL PROVISIONS 

010 UNDISTRIBUTED GENERAL PROVISIONS ..................... –4,000,000 

Reduction to reflect policy change on troop strength in 

Afghanistan .................................................................. [–4,000,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1794 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2012 

Request 

Conference 

Authorized 

SUBTOTAL UNDISTRIBUTED GENERAL PROVISIONS ...................................................................... –4,000,000 

TOTAL UNDISTRIBUTED GENERAL PROVISIONS ...................................................................... –4,000,000 

TOTAL OPERATION & MAINTENANCE ............ 89,035,031 86,211,026 

TITLE XLIV—MILITARY PERSONNEL 

SEC. 4401. MILITARY PERSONNEL. 

SEC. 4401. MILITARY PERSONNEL 

(In Thousands of Dollars) 

Item FY 2012 

Request 

Conference 

Authorized 

MILITARY PERSONNEL ............................................................. 142,828,848 141,992,228 

Unobligated Balances (Section 421) ............................. [–325,620 ] 

Hostile fire pay proration .............................................. [–42,000 ] 

Reduction of Army Referral Bonus ............................... [–21,000 ] 

Undistributed transfer to Title XV ................................ [–448,000 ] 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2012 

Request 

Conference 

Authorized 

MILITARY PERSONNEL ..................................................................... 11,228,566 11,676,566 

Undistributed transfer from Title IV .................................... [448,000 ] 

TITLE XLV—OTHER AUTHORIZATIONS 

SEC. 4501. OTHER AUTHORIZATIONS. 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2012 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

PREPOSITIONED WAR RESERVE STOCKS ............................ 101,194 101,194 

TOTAL WORKING CAPITAL FUND, ARMY ................ 101,194 101,194 

WORKING CAPITAL FUND, AIR FORCE 

CONTAINER DECONSOLIDATION 

WAR RESERVE MATERIAL ....................................................... 65,372 65,372 

TOTAL WORKING CAPITAL FUND, AIR FORCE ..... 65,372 65,372 

WORKING CAPITAL FUND, DEFENSE-WIDE 

ADJ TO MATCH CONTINUING RESOLUTION 

DEFENSE LOGISTICS AGENCY (DLA) .................................... 31,614 31,614 

TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ................................................................................... 31,614 31,614 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1795 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2012 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, DECA 

WORKING CAPITAL FUND, DECA ........................................... 1,376,830 1,376,830 

TOTAL WORKING CAPITAL FUND, DECA ................ 1,376,830 1,376,830 

NATIONAL DEFENSE SEALIFT FUND 

T-AKE 

MPF MLP ....................................................................................... 425,865 400,000 

Revised Mobile Landing Platform acquisition strategy ................................................................................. [–25,865 ] 

POST DELIVERY AND OUTFITTING ....................................... 24,161 24,161 

NATIONAL DEF SEALIFT VESSEL .......................................... 1,138 1,138 

LG MED SPD RO/RO MAINTENANCE ..................................... 92,567 92,567 

DOD MOBILIZATION ALTERATIONS ...................................... 184,109 184,109 

TAH MAINTENANCE .................................................................. 40,831 40,831 

STRATEGIC SEALIFT SUPPORT 

RESEARCH AND DEVELOPMENT ........................................... 48,443 48,443 

READY RESERVE FORCE .......................................................... 309,270 309,270 

TOTAL NATIONAL DEFENSE SEALIFT FUND ........ 1,126,384 1,100,519 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .......................................................................... 8,148,856 8,148,856 

PRIVATE SECTOR CARE ............................................................ 16,377,272 16,047,272 

TRICARE Historical Execution .................................... [–330,000 ] 

CONSOLIDATED HEALTH SUPPORT ...................................... 2,193,821 2,193,821 

INFORMATION MANAGEMENT ............................................... 1,422,697 1,422,697 

MANAGEMENT ACTIVITIES ..................................................... 312,102 307,102 

Contract Savings from Web Site Consolidation .......... [–2,000 ] 

Strategic Communications ............................................ [–3,000 ] 

EDUCATION AND TRAINING ................................................... 705,347 693,647 

Unjustified Growth for Travel ...................................... [–11,700 ] 

BASE OPERATIONS/COMMUNICATIONS ............................... 1,742,451 1,738,840 

Adjustment for Civilian Pay Error ............................... [–3,611 ] 

Prohibit TRICARE Prime Fee Increase for 1 

year 

WOUNDED WARRIOR MILITARY ADAPTIVE SPORTS 

PROGRAM 

IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 2,935 2,935 

BASIC OPERATIONAL MEDICAL RESEARCH 

SCIENCE 

APPLIED BIOMEDICAL TECHNOLOGY .................................. 33,805 33,805 

MEDICAL TECHNOLOGY .......................................................... 3,694 3,694 

MEDICAL ADVANCED TECHNOLOGY .................................... 767 767 

MEDICAL TECHNOLOGY DEVELOPMENT ............................ 181,042 181,042 

MEDICAL PRODUCTS SUPPORT AND ADVANCED CONCEPT DEVELOPMENT ............................................................ 167,481 167,481 

INFORMATION TECHNOLOGY DEVELOPMENT .................. 176,345 176,345 

MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT .................................................................................... 34,559 34,559 

SMALL BUSINESS INNOVATIVE RESEARCH 

MEDICAL PROGRAM-WIDE ACTIVITIES ............................... 48,313 48,313 

MEDICAL PRODUCTS AND CAPABILITIES ENHANCEMENT ACTIVITIES .................................................................. 14,765 14,765 

DEFENSE HEALTH PROGRAM ................................................. 632,518 632,518 

TOTAL DEFENSE HEALTH PROGRAM ...................... 32,198,770 31,848,459 

CHEM AGENTS & MUNITIONS DESTRUCTION 

CHEM DEMILITARIZATION—O&M ......................................... 1,147,691 1,147,691 

CHEM DEMILITARIZATION—RDT&E ..................................... 406,731 406,731 

TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ................................................................................... 1,554,422 1,554,422 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1796 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4501. OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2012 

Request 

Conference 

Authorized 

DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ........................................................................ 1,156,282 1,153,330 

PC 2360 EUCOM Tactical Analysis Team Support— 

Previously Denied New Start ..................................... [–952 ] 

PC 9205 EUCOM Counternarcotics Operations Support—Authorization Adjustment for Unjustified 

Growth .......................................................................... [–2,000 ] 

TOTAL DRUG INTERDICTION AND COUNTER 

DRUG ACTIVITIES ......................................................... 1,156,282 1,153,330 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE ............................................... 286,919 327,419 

Program increase—Growth plan .................................. [40,500 ] 

RDT&E ........................................................................................... 1,600 4,500 

Program increase—Growth plan .................................. [2,900 ] 

PROCUREMENT .......................................................................... 1,000 1,000 

TOTAL OFFICE OF THE INSPECTOR GENERAL .... 289,519 332,919 

TOTAL OTHER AUTHORIZATIONS ............................. 37,900,387 37,564,659 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY

OPERATIONS. 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2012 

Request 

Conference 

Authorized 

WORKING CAPITAL FUND, ARMY 

PREPOSITIONED WAR RESERVE STOCKS .................................... 54,000 54,000 

TOTAL WORKING CAPITAL FUND, ARMY ........................ 54,000 54,000 

WORKING CAPITAL FUND, AIR FORCE 

TRANSPORTATION FALLEN HEROES ............................................ 10,000 10,000 

CONTAINER DECONSOLIDATION ................................................... 2,000 2,000 

TOTAL WORKING CAPITAL FUND, AIR FORCE ............. 12,000 12,000 

WORKING CAPITAL FUND, DEFENSE-WIDE 

ADJ TO MATCH CONTINUING RESOLUTION 

DEFENSE LOGISTICS AGENCY (DLA) ............................................ 369,013 369,013 

TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE .... 369,013 369,013 

DEFENSE HEALTH PROGRAM 

IN-HOUSE CARE .................................................................................. 641,996 641,996 

PRIVATE SECTOR CARE .................................................................... 464,869 464,869 

CONSOLIDATED HEALTH SUPPORT .............................................. 95,994 95,994 

INFORMATION MANAGEMENT ....................................................... 5,548 5,548 

MANAGEMENT ACTIVITIES ............................................................. 751 751 

EDUCATION AND TRAINING ........................................................... 16,859 16,859 

BASE OPERATIONS/COMMUNICATIONS ....................................... 2,271 2,271 

TOTAL DEFENSE HEALTH PROGRAM .............................. 1,228,288 1,228,288 

DRUG INTERDICTION AND COUNTER DRUG ACTIVITIES 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ........................................................................................... 486,458 456,458 

CTF–Kabul HQ Facility—Funding No Longer Required ... [–5,000 ] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1797 

SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2012 

Request 

Conference 

Authorized 

Mi–17s—Change in Acquisition Strategy ............................ [–8,000 ] 

Program adjustment .............................................................. [–7,000 ] 

Reduce Program Growth (Pakistan) ..................................... [–10,000 ] 

TOTAL DRUG INTERDICTION AND COUNTER DRUG 

ACTIVITIES .............................................................................. 486,458 456,458 

OFFICE OF THE INSPECTOR GENERAL 

OPERATION & MAINTENANCE ....................................................... 11,055 11,055 

TOTAL OFFICE OF THE INSPECTOR GENERAL ............ 11,055 11,055 

TOTAL OTHER AUTHORIZATIONS ..................................... 2,160,814 2,130,814 

TITLE XLVI—MILITARY CONSTRUCTION 

SEC. 4601. MILITARY CONSTRUCTION. 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Afghanistan 

Army Bagram Air Base Barracks, Ph 5 ........................................... 29,000 29,000 

Army Bagram Air Base Construct Drainage System, Ph 3 ............ 31,000 31,000 

Army Bagram Air Base Entry Control Point ................................... 20,000 20,000 

Alabama 

Army Fort Rucker Combat Readiness Center ......................... 11,600 11,600 

Alaska 

Army Fort Wainwright Aviation Complex, Ph 3A .......................... 114,000 57,000 

Army Joint Base Elmendorf-Richardson Brigade Complex, Ph 2 .............................. 74,000 74,000 

Army Joint Base Elmendorf-Richardson Organizational Parking ............................. 3,600 3,600 

Army Joint Base Elmendorf-Richardson Physical Fitness Facility ........................... 26,000 26,000 

California 

Army Fort Irwin Infantry Squad Battle Course .................. 7,500 7,500 

Army Fort Irwin Qualification Training Range ................... 15,500 15,500 

Army Presidio Monterey General Instruction Building .................... 3,000 3,000 

Colorado 

Army Fort Carson Aircraft Loading Area ................................ 34,000 34,000 

Army Fort Carson Aircraft Maintenance Hangar ................... 63,000 63,000 

Army Fort Carson Barracks ..................................................... 46,000 46,000 

Army Fort Carson Barracks ..................................................... 67,000 67,000 

Army Fort Carson Brigade Headquarters ............................... 14,400 14,400 

Army Fort Carson Control Tower ............................................ 14,200 14,200 

Georgia 

Army Fort Benning Land Acquisition ........................................ 25,000 25,000 

Army Fort Benning Land Acquisition ........................................ 5,100 5,100 

Army Fort Benning Rail Loading Facility ................................. 13,600 13,600 

Army Fort Benning Trainee Barracks Complex, Ph 3 .............. 23,000 23,000 

Army Fort Gordon Hand Grenade Familiarization Range ..... 1,450 1,450 

Army Fort Stewart Dog Kennel ................................................. 2,600 2,600 

Germany 

Army Germersheim Central Distribution Facility .................... 21,000 0 

Army Germersheim Infrastructure ............................................. 16,500 0 

Army Grafenwoehr Barracks ..................................................... 17,500 17,500 

Army Grafenwoehr Chapel ......................................................... 15,500 15,500 

Army Grafenwoehr Convoy Live Fire Range ............................ 5,000 5,000 

Army Landstuhl Satellite Communications Center ............. 24,000 24,000 

Army Landstuhl Satellite Communications Center ............. 39,000 39,000 

Army Oberdachstetten Automated Record Fire Range .................. 12,200 12,200 

Army Stuttgart Access Control Point .................................. 12,200 12,200 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1798 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Vilseck Barracks ..................................................... 20,000 20,000 

Hawaii 

Army Fort Shafter Child Development Center ........................ 17,500 17,500 

Army Schofield Barracks Centralized Wash Facility ......................... 32,000 32,000 

Army Schofield Barracks Combat Aviation Brigade Complex, Ph 1 73,000 73,000 

Honduras 

Army Honduras Various Barracks ..................................................... 25,000 0 

Kansas 

Army Forbes Air Field Deployment Support Facility .................... 5,300 5,300 

Army Fort Riley Chapel ......................................................... 10,400 10,400 

Army Fort Riley Physical Fitness Facility ........................... 13,000 13,000 

Army Fort Riley Unmanned Aerial Vehicle Maintenance 

Hangar.

60,000 60,000 

Kentucky 

Army Fort Campbell Barracks ..................................................... 23,000 23,000 

Army Fort Campbell Barracks Complex ...................................... 65,000 65,000 

Army Fort Campbell Physical Fitness Facility ........................... 18,500 18,500 

Army Fort Campbell Scout/RECCE Gunnery Range .................. 18,000 18,000 

Army Fort Campbell Unmanned Aerial Vehicle Maintenance 

Hangar.

67,000 67,000 

Army Fort Campbell Vehicle Maintenance Facility .................... 16,000 16,000 

Army Fort Campbell Vehicle Maintenance Facility .................... 40,000 40,000 

Army Fort Knox Automated Infantry Platoon Battle 

Course.

7,000 7,000 

Army Fort Knox Battalion Complex ..................................... 48,000 48,000 

Korea 

Army Camp Carroll Barracks ..................................................... 41,000 41,000 

Army Camp Henry Barracks Complex ...................................... 48,000 48,000 

Louisiana 

Army Fort Polk Brigade Complex ........................................ 23,000 23,000 

Army Fort Polk Fire Station ................................................ 9,200 9,200 

Army Fort Polk Land Acquisition ........................................ 27,000 27,000 

Army Fort Polk Military Working Dog Facility .................. 2,600 2,600 

Army Fort Polk Multipurpose Machine Gun Range ........... 8,300 8,300 

Maryland 

Army Aberdeen Proving 

Ground 

Auto Technology Evaluation Fac, Ph 3 .... 15,500 15,500 

Army Aberdeen Proving 

Ground 

Command and Control Facility ................ 63,000 63,000 

Army Fort Meade Applied Instruction Facility ...................... 43,000 43,000 

Army Fort Meade Brigade Complex ........................................ 36,000 36,000 

Missouri 

Army Fort Leonard 

Wood 

Vehicle Maintenance Facility .................... 49,000 49,000 

New York 

Army Fort Drum Ammunition Supply Point ......................... 5,700 5,700 

Army Fort Drum Chapel ......................................................... 7,600 7,600 

North Carolina 

Army Fort Bragg Access Roads, Ph 2 .................................... 18,000 18,000 

Army Fort Bragg Battle Command Training Center ............ 23,000 23,000 

Army Fort Bragg Brigade Complex Facilities ....................... 49,000 49,000 

Army Fort Bragg NCO Academy ............................................ 42,000 42,000 

Army Fort Bragg Unmanned Aerial Vehicle Maintenance 

Hangar.

54,000 54,000 

Oklahoma 

Army Fort Sill Battle Command Training Center ............ 23,000 23,000 

Army Fort Sill Chapel ......................................................... 13,200 13,200 

Army Fort Sill Physical Fitness Facility ........................... 25,000 25,000 

Army Fort Sill Rail Deployment Facility .......................... 3,400 3,400 

Army Fort Sill Reception Station, Ph 1 ............................. 36,000 36,000 

Army Fort Sill THAAD Instruction Facility ..................... 33,000 33,000 

Army Fort Sill Vehicle Maintenance Facility .................... 51,000 51,000 

Army Mcalester Ammunition Loading Pads ....................... 1,700 1,700 

Army Mcalester Railroad Tracks .......................................... 6,300 6,300 

South Carolina 

Army Fort Jackson Modified Record Fire Range ..................... 4,900 4,900 

Army Fort Jackson Trainee Barracks Complex, Ph 2 .............. 59,000 59,000 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1799 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Texas 

Army Fort Bliss Applied Instruction Building .................... 8,300 8,300 

Army Fort Bliss Barracks Complex ...................................... 13,000 13,000 

Army Fort Bliss Electronics Maintenance Facility ............. 14,600 14,600 

Army Fort Bliss Infrastructure ............................................. 14,600 11,600 

Army Fort Bliss JLENS Tactical Training Facility ............ 39,000 39,000 

Army Fort Bliss Vehicle Maintenance Facility .................... 19,000 19,000 

Army Fort Bliss Vehicle Maintenance Facility .................... 14,600 14,600 

Army Fort Bliss Vehicle Maintenance Facility .................... 24,000 0 

Army Fort Bliss Water Well, Potable ................................... 2,400 2,400 

Army Fort Hood Operational Readiness Training Complex 51,000 51,000 

Army Fort Hood Unmanned Aerial Vehicle Maintenance 

Hangar.

47,000 47,000 

Army Fort Hood Vehicle Maintenance Facility .................... 18,500 18,500 

Army Fort Hood Vehicle Maintenance Facility .................... 15,500 15,500 

Army Joint Base San 

Antonio 

Vehicle Maintenance Facility ................... 10,400 10,400 

Army Red River Army 

Depot 

Maneuver Systems Sustainment Ctr, Ph 

3.

44,000 44,000 

Utah 

Army Dugway Proving 

Ground 

Life Sciences Test Facility Addition ......... 32,000 32,000 

Virginia 

Army Fort Belvoir Information Dominance Center, Ph 1 ...... 52,000 52,000 

Army Fort Belvoir Road and Infrastucture Improvements .... 31,000 0 

Army Joint Base Langley Eustis Aviation Training Facility ......................... 26,000 26,000 

Washington 

Army Joint Base Lewis 

Mcchord 

Air Support Operations Facilities ............ 7,300 7,300 

Army Joint Base Lewis 

Mcchord 

Aviation Complex, Ph 1B .......................... 48,000 48,000 

Army Joint Base Lewis 

Mcchord 

Aviation Unit Complex, Ph 1A ................. 34,000 34,000 

Army Joint Base Lewis 

Mcchord 

Battalion Complex ..................................... 59,000 59,000 

Army Joint Base Lewis 

Mcchord 

Brigade Complex, Ph 2 .............................. 56,000 56,000 

Army Joint Base Lewis 

Mcchord 

Infrastructure, Ph 1 ................................... 64,000 64,000 

Army Joint Base Lewis 

Mcchord 

Operational Readiness Training Cplx, Ph 

1.

28,000 28,000 

Worldwide Unspecified 

Army Unspecified 

Worldwide Locations 

Community Facilities ................................ 0 0 

Army Unspecified 

Worldwide Locations 

Host Nation Support ................................. 25,500 25,500 

Army Unspecified 

Worldwide Locations 

Minor Construction .................................... 20,000 20,000 

Army Unspecified 

Worldwide Locations 

Planning & Design ..................................... 229,741 184,741 

Army Unspecified 

Worldwide Locations 

R&D Facilities ............................................ 0 0 

Army Unspecified 

Worldwide Locations 

Supply Facilities ........................................ 0 0 

Army Unspecified 

Worldwide Locations 

Training Facilities ..................................... 0 0 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1800 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Unspecified 

Worldwide Locations 

Troop Housing Facilities ........................... 0 0 

Army Unspecified 

Worldwide Locations 

Troop Housing Facilities ........................... 0 0 

Army Unspecified 

Worldwide Locations 

Utilities and Ground Improvements ........ 0 0 

Total Military Construction, Army 3,235,991 3,013,491 

Arizona 

Navy Yuma Aircraft Maintenance Hangar ................... 39,515 39,515 

Navy Yuma Double Aircraft Maintenance Hangar ...... 81,897 81,897 

Navy Yuma JSF Auxiliary Landing Field .................... 41,373 41,373 

Bahrain Island 

Navy SW Asia Bachelor Enlisted Quarters ...................... 55,010 55,010 

Navy SW Asia Waterfront Development Phase 4 ............. 45,194 0 

California 

Navy Barstow Dip Tank Cleaning Facility ....................... 8,590 8,590 

Navy Bridgeport Multi-Purpose Building—Addition ........... 19,238 16,138 

Navy Camp Pendleton Armory, 1st Marine Division .................... 12,606 12,606 

Navy Camp Pendleton Individual Equipment Issue Warehouse .. 16,411 16,411 

Navy Camp Pendleton Infantry Squad Defense Range ................. 29,187 29,187 

Navy Camp Pendleton Intersection Bridge and Improvements ... 12,476 12,476 

Navy Camp Pendleton MV–22 Aviation Fuel Storage .................. 6,163 6,163 

Navy Camp Pendleton MV–22 Aviation Pavement ....................... 18,530 18,530 

Navy Camp Pendleton MV–22 Double Hangar Replacement ....... 48,345 48,345 

Navy Camp Pendleton New Potable Water Conveyance ............... 113,091 113,091 

Navy Camp Pendleton North Area Waste Water Conveyance ..... 78,271 78,271 

Navy Coronado Multi Purpose Facility North Island ........ 46,763 46,763 

Navy Coronado Rotary Aircraft Depot Maint Fac (North 

Is.).

61,672 61,672 

Navy Point Mugu E–2D Aircrew Training Facility ............... 15,377 15,377 

Navy Twentynine Palms Child Development Center ........................ 23,743 23,743 

Navy Twentynine Palms Land Expansion ......................................... 8,665 8,665 

Navy Twentynine Palms Multi-Use Operational Fitness Area ........ 18,819 18,819 

Navy Twentynine Palms Tracked Vehicle Maintenance Cover ........ 15,882 15,882 

Diego Garcia 

Navy Diego Garcia Potable Water Plant Modernization ......... 35,444 35,444 

Djibouti 

Navy Camp Lemonier Aircraft Logistics Apron ............................ 35,170 35,170 

Navy Camp Lemonier Bachelor Quarters ...................................... 43,529 43,529 

Navy Camp Lemonier Taxiway Enhancement .............................. 10,800 10,800 

Florida 

Navy Jacksonville Bams UAS Operator Training Facility .... 4,482 4,482 

Navy Jacksonville P–8A Hangar Upgrades ............................ 6,085 6,085 

Navy Jacksonville P–8A Training Facility .............................. 25,985 25,985 

Navy Mayport Massey Avenue Corridor Improvements .. 14,998 14,998 

Navy Whiting Field Applied Instruction Facilities, EOD 

Course.

20,620 20,620 

Georgia 

Navy Kings Bay Crab Island Security Enclave ................... 52,913 52,913 

Navy Kings Bay WRA Land/Water Interface ...................... 33,150 33,150 

Guam 

Navy Joint Region Marianas Finegayan Water Utilities ......................... 77,267 0 

Navy Joint Region Marianas North Ramp Utilities—Anderson AFB 

(Inc).

78,654 0 

Hawaii 

Navy Barking Sands North Loop Electrical Replacement ......... 9,679 9,679 

Navy Joint Base Pearl 

Harbor-Hickam 

Navy Information Operations Command 

Fes Fac.

7,492 7,492 

Navy Kaneohe Bay MCAS Operations Complex ...................... 57,704 57,704 

Illinois 

Navy Great Lakes Decentralize Steam System ...................... 91,042 91,042 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1801 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Maryland 

Navy Indian Head Decentralize Steam System ...................... 67,779 67,779 

Navy Patuxent River Aircraft Prototype Facility Phase 2 .......... 45,844 45,844 

North Carolina 

Navy Camp Lejeune 2nd Combat Engineer Maintenance/Ops 

Complex.

75,214 75,214 

Navy Camp Lejeune Bachelor Enlisted Quarters—Wallace 

Creek.

27,439 27,439 

Navy Camp Lejeune Base Entry Point and Road ...................... 81,008 81,008 

Navy Camp Lejeune Squad Battle Course .................................. 16,821 16,821 

Navy Cherry Point Marine Corps Air 

Station 

H–1 Helicopter Gearbox Repair & Test 

Facility.

17,760 17,760 

Navy New River Aircraft Maintenance Hangar and Apron 69,511 69,511 

Navy New River Ordnance Loading Area Additiion ............ 9,419 9,419 

South Carolina 

Navy Beaufort Vertical Landing Pads ............................... 21,096 21,096 

Virginia 

Navy Norfolk Bachelor Quarters, Homeport Ashore ...... 81,304 81,304 

Navy Norfolk Decentralize Steam System ...................... 26,924 26,924 

Navy Portsmouth Controlled Industrial Facility ................... 74,864 74,864 

Navy Quantico Academic Instruction Facility ................... 75,304 75,304 

Navy Quantico Bachelor Enlisted Quarters ...................... 31,374 31,374 

Navy Quantico Embassy Security Group Facilities .......... 27,079 27,079 

Navy Quantico Enlisted Dining Facility ............................ 5,034 5,034 

Navy Quantico Realign Purvis Rd/Russell Rd Intersection.6,442 6,442 

Navy Quantico The Basic School Student Quarters— 

Phase 6.

28,488 28,488 

Navy Quantico Waste Water Treatment Plant—Upshur 9,969 9,969 

Washington 

Navy Bremerton Integrated Dry Dock Water Treatment 

Fac Ph1.

13,341 13,341 

Navy Kitsap EHW Security Force Facility (Bangor) .... 25,948 25,948 

Navy Kitsap Explosives Handling Wharf #2 (Inc. 1) .... 78,002 78,002 

Navy Kitsap Waterfront Restricted Area Vehicle Barriers.17,894 17,894 

Worldwide Unspecified 

Navy Unspecified 

Worldwide Locations 

Maintenance & Production Facilities ....... 0 0 

Navy Unspecified 

Worldwide Locations 

Planning and Design ................................. 84,362 69,362 

Navy Unspecified 

Worldwide Locations 

R&D Facilities ............................................ 0 0 

Navy Unspecified 

Worldwide Locations 

Troop Housing Facilities ........................... 0 0 

Navy Unspecified 

Worldwide Locations 

Unspecified Minor Constr ......................... 21,495 21,495 

Total Military Construction, Navy 2,461,547 2,242,332 

Alaska 

AF Eielson AFB Dormitory (168 Rm) ................................... 45,000 45,000 

AF Joint Base Elmendorf-Richardson Brigade Combat Team (Light) Complex, 

(480 RM).

97,000 97,000 

Arizona 

AF Davis-Monthan 

AFB 

EC–130H Simulator/Training Operations 20,500 20,500 

AF Davis-Monthan 

AFB 

HC–130J Joint Use Fuel Cell ................... 12,500 12,500 

AF Luke AFB F–35 Adal Aircraft Maintenance Unit ..... 6,000 6,000 


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125 STAT. 1802 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

AF Luke AFB F–35 Squad Ops/AMU 2 ............................ 18,000 18,000 

California 

AF Travis AFB Dormitory (144 Rm) ................................... 22,000 22,000 

AF Vandenberg AFB Education Center ....................................... 14,200 14,200 

Colorado 

AF U.S. Air Force 

Academy 

Construct Large Vehicle Inspection Facility.13,400 13,400 

Delaware 

AF Dover AFB C–5M Formal Training Unit Facility ....... 2,800 2,800 

Florida 

AF Patrick AFB Air Force Technical Applications Ctr— 

Incr 2.

79,000 79,000 

Germany 

AF Ramstein Ab Dormitory (192 Rm) ................................... 34,697 34,697 

Greenland 

AF Thule Ab Dormitory (72 Pn) ...................................... 28,000 28,000 

Guam 

AF Joint Region Marianas Air Freight Terminal Complex ................. 35,000 35,000 

AF Joint Region Marianas Guam Strike Clear Water Rinse Facility 7,500 7,500 

AF Joint Region Marianas Guam Strike Conventional Munitions 

Maintenanc.

11,700 11,700 

AF Joint Region Marianas Guam Strike Fuel Systems Maintenance 

Hangar, Incr 1.

128,000 0 

AF Joint Region Marianas PRTC Combat Communications Combat 

Support.

9,800 9,800 

AF Joint Region Marianas PRTC Combat Communications Transmission Syst.5,600 5,600 

AF Joint Region Marianas PRTC Red Horse Cantonment Operations 

Facility.

14,000 14,000 

Italy 

AF Sigonella UAS SATCOM Relay Pads and Facility .. 15,000 15,000 

Kansas 

AF Fort Riley Air Support Operations Center ................ 7,600 7,600 

Korea 

AF Osan AB Dormitory (156 Rm) ................................... 23,000 23,000 

Louisiana 

AF Barksdale AFB Mission Support Group Complex .............. 23,500 23,500 

Missouri 

AF Whiteman AFB WSA Security Control Facility ................. 4,800 4,800 

Nebraska 

AF Offutt AFB STRATCOM Replacement Facility Incr 1 150,000 120,000 

Nevada 

AF Nellis AFB Communications Network Control Center 11,600 11,600 

AF Nellis AFB F–35 Add/Alter Engine Shop .................... 2,750 2,750 

AF Nellis AFB F–35A AGE Facility .................................. 21,500 21,500 

New Mexico 

AF Cannon AFB Adal Wastewater Treatment Plant .......... 7,598 7,598 

AF Cannon AFB Dormitory (96 Rm) ..................................... 15,000 15,000 

AF Holloman AFB Child Development Center ........................ 11,200 11,200 

AF Holloman AFB F–16 Academic Facility ............................. 5,800 5,800 

AF Holloman AFB F–16 SEAD Training Facility ................... 4,200 4,200 

AF Holloman AFB Parallel Taxiway 07/25 .............................. 8,000 8,000 

AF Kirtland AFB AFNWC Sustainment Center ................... 25,000 25,000 

North Carolina 

AF Pope AFB C–130 Flight Simulator ............................. 6,000 6,000 

North Dakota 

AF Minot AFB B–52 3–Bay Conventional Munitions 

Maintenance.

11,800 11,800 

AF Minot AFB B–52 Two-Bay Phase Maintenance Dock 34,000 34,000 

AF Minot AFB Dormitory (168 Rm) ................................... 22,000 22,000 

Qatar 

AF AL Udeid Blatchford Preston Complex, Phase IV .... 37,000 0 

Texas 

AF Joint Base San 

Antonio 

Adv Indiv Training (AIT) Barracks (300 

Rm).

46,000 46,000 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1803 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

AF Joint Base San 

Antonio 

BMT Recruit Dormitory 4, Phase IV ........ 64,000 64,000 

Utah 

AF Hill AFB F–22 System Support Facility .................. 16,500 16,500 

AF Hill AFB F–35 Adal Hangar 45E/AMU .................... 6,800 0 

Virginia 

AF Joint Base Langley Eustis AIT Barracks Complex, Ph 2 .................... 50,000 50,000 

Washington 

AF Fairchild AFB SERE Force Support Ph 2 ......................... 14,000 14,000 

AF Fairchild AFB Wing Headquarters ................................... 13,600 13,600 

Worldwide Unspecified 

AF Unspecified 

Worldwide Locations 

Community Facilities ................................ 0 0 

AF Unspecified 

Worldwide Locations 

Community Facilities ................................ 0 0 

AF Unspecified 

Worldwide Locations 

Maintenance & Production Facilities ....... 0 0 

AF Unspecified 

Worldwide Locations 

Operational Facilities ................................ 0 0 

AF Unspecified 

Worldwide Locations 

Planning & Design ..................................... 81,913 52,913 

AF Unspecified 

Worldwide Locations 

Supporting Facilities ................................. 0 0 

AF Unspecified 

Worldwide Locations 

Unspecified Minor Construction ............... 20,000 20,000 

Total Military Construction, Air Force 1,364,858 1,134,058 

Alabama 

Def-Wide Maxwell AFB Expand 800 Area Chiller Loop, Gunter 

Annex.

0 2,482 

Alabama 

Def-Wide Redstone Arsenal Von Braun Complex Phase IV .................. 58,800 58,800 

Alaska 

Def-Wide Anchorage SOF Cold Weather Maritime Training 

Facility.

18,400 18,400 

Def-Wide Eielson AFB Upgrade Rail Line ..................................... 14,800 14,800 

Arizona 

Def-Wide Davis-Monthan 

AFB 

CNS Thermal Storage ............................... 0 4,650 

Arizona 

Def-Wide Davis-Monthan 

AFB 

Replace Hydrant Fuel System .................. 23,000 23,000 

Belgium 

Def-Wide Brussels NATO Headquarters Facility .................... 24,118 0 

California 

Def-Wide Camp Pendleton SOF Military Working Dog Facility ......... 3,500 3,500 

Def-Wide Camp Pendleton SOF Range 130 Support Projects ............. 8,641 8,641 

Def-Wide Coronado SOF Support Activity Operations Facility 42,000 42,000 

Def-Wide Defense Distribution DepotTracy 

Replace Public Safety Center .................... 15,500 15,500 

Def-Wide Point Loma Annex Replace Fuel Storage Facilities Incr 4 ..... 27,000 27,000 

Def-Wide Presidio of Monterey 1 Mw Solar Grid ........................................ 0 5,000 

Def-Wide San Clemente Replace Fuel Storage Tanks & Pipeline .. 21,800 21,800 

Def-Wide San Joaquin/Tracy 

Site 

400 KW Solar PV System, Building 58 

Roof.

0 2,860 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1804 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Colorado 

Def-Wide Buckley AFB Mountainview Operations Facility, Incr 1 140,932 70,432 

Def-Wide Fort Carson Microgrid Expansion PEV Tie-in (SPIDERS).0 4,277 

District of Columbia 

Def-Wide Bolling AFB Cooling Tower Expansion .......................... 2,070 2,070 

Def-Wide Bolling AFB DIAC Parking Garage ............................... 13,586 13,586 

Def-Wide Bolling AFB Electrical Upgrades ................................... 1,080 1,080 

Florida 

Def-Wide Eglin AFB Medical Clinic ............................................ 11,600 11,600 

Def-Wide Eglin AFB SOF Company Operations Facility (GSB) 21,000 21,000 

Def-Wide Eglin AFB SOF Company Operations Facility 

(GSTB).

19,000 19,000 

Def-Wide Eglin Aux 9 SOF Enclosed Engine Noise Suppressors 3,200 3,200 

Def-Wide Eglin Aux 9 SOF Simulator Facility ............................. 6,300 6,300 

Def-Wide Macdill AFB SOF Acquisition Center (Phase II) ........... 15,200 15,200 

Def-Wide Tyndall AFB Reclaimed Water Irrigation ...................... 0 3,255 

Def-Wide Whiting Field Truck Load/Unload Facility ...................... 3,800 3,800 

Georgia 

Def-Wide Fort Benning Replace McBride Elementary School ....... 37,205 37,205 

Def-Wide Fort Gordon Whitelaw Wedge Building Addition ......... 11,340 17,705 

Def-Wide Fort Stewart Hospital Addition/Alteration Phase 2 ...... 72,300 72,300 

Def-Wide MCLB Albany LFG Generator ........................................... 0 3,504 

Germany 

Def-Wide Ansbach Ansbach Middle/High School Addition ..... 11,672 11,672 

Def-Wide Baumholder Replace Wetzel-Smith Elementary 

Schools.

59,419 59,419 

Def-Wide Grafenwoehr Netzaberg MS School Addition ................. 6,529 6,529 

Def-Wide Rhine Ordnance 

Barracks 

Medical Center Replacement Incr 1 ......... 70,592 70,592 

Def-Wide Spangdalem AB Replace Bitburg Elementary School ......... 41,876 41,876 

Def-Wide Spangdalem AB Replace Bitburg Middle & High School ... 87,167 87,167 

Def-Wide Stuttgart-Patch 

Barracks 

DISA Europe Facility Upgrades ............... 2,434 2,434 

Guam 

Def-Wide Naval Base Guam 4 MW Wind Farm ...................................... 0 17,377 

Hawaii 

Def-Wide Joint Base Pearl 

Harbor-Hickam 

Alter Warehouse Space ............................. 9,200 9,200 

Def-Wide Joint Base Pearl 

Harbor-Hickam 

Upgrade Refuler Truck Parking Area ...... 5,200 5,200 

Illinois 

Def-Wide Great Lakes Health Clinic Demolition .......................... 16,900 16,900 

Italy 

Def-Wide Naval Air Station 

Naples 

345 KW Solar PV ....................................... 0 2,867 

Italy 

Def-Wide Vicenza Replace Vicenza High School .................... 41,864 41,864 

Japan 

Def-Wide Yokota AB Replace Temp Classrm/Joan K. Mendel 

ES.

12,236 12,236 

Def-Wide Yokota AB Replace Yokota High School ..................... 49,606 49,606 

Kentucky 

Def-Wide Fort Campbell Hospital Addition/Alteration ..................... 56,600 56,600 

Def-Wide Fort Campbell SOF MH47 Aviation Facility .................... 43,000 43,000 

Def-Wide Fort Campbell SOF Rotary Wing Hangar ......................... 38,900 38,900 

Def-Wide Fort Knox GSHO Well Field for HRC ........................ 0 2,750 

Def-Wide Fort Knox Replace Kingsolver-Pierce Elementary 

Schools.

38,845 38,845 

Louisiana 

Def-Wide Barksdale AFB Hydrant Fuel System ................................ 6,200 6,200 

Marshall Islands 

Def-Wide Kwajalein Atol 468KW Solar PV System ........................... 0 6,300 

Maryland 

Def-Wide Aberdeen Proving 

Ground 

USAMRICD Replacement, Inc 4 ............... 22,850 22,850 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1805 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Def-Wide Bethesda Naval 

Hospital 

Child Development Center Addition/Alteration.18,000 18,000 

Def-Wide Fort Detrick USAMRIID Stage I, Inc 6 ......................... 137,600 137,600 

Def-Wide Fort Meade High Performance Computing Capacity .. 29,640 29,640 

Def-Wide Joint Base Andrews Ambulatory Care Center, Incr 1 ............... 242,900 154,300 

Def-Wide Joint Base Andrews Dental Clinic Replacement ....................... 22,800 22,800 

Massachusetts 

Def-Wide Hanscom AFB Repair Chiller Controls B1201 ................. 0 3,609 

Def-Wide Hanscom AFB Replace Hanscom Middle School .............. 34,040 34,040 

Def-Wide Westover ARB Replace Hydrant Fuel System .................. 23,300 23,300 

Mississippi 

Def-Wide Columbus AFB Replace Refueler Parking Facility ............ 2,600 2,600 

Def-Wide Gulfport Medical Clinic Replacement ...................... 34,700 34,700 

Missouri 

Def-Wide Arnold Data Ctr West #1 Power & Cooling Upgrade.9,253 9,253 

New Mexico 

Def-Wide Cannon AFB SOF ADAL Simulator Facility .................. 9,600 9,600 

Def-Wide Cannon AFB SOF Aircraft Maintenance Squadron Facility.15,000 15,000 

Def-Wide Cannon AFB SOF Apron and Taxiway ........................... 28,100 28,100 

Def-Wide Cannon AFB SOF C–130 Squadron Operations Facility 10,941 10,941 

Def-Wide Cannon AFB SOF C–130 Wash Rack Hangar ............... 10,856 10,856 

Def-Wide Cannon AFB SOF Hangar Aircraft Maintenance Unit 41,200 41,200 

Def-Wide Cannon AFB SOF Squadron Operations Facility .......... 17,300 17,300 

New York 

Def-Wide Fort Drum Dental Clinic Addition/Alteration ............. 4,700 4,700 

Def-Wide Fort Drum Medical Clinic ............................................ 15,700 15,700 

Def-Wide Fort Drum Retrocommission Various Buildings ......... 0 3,500 

North Carolina 

Def-Wide Camp Lejeune SOF Armory Facility Expansion .............. 6,670 6,670 

Def-Wide Fort Bragg Historic District GSHP & Retro Cx ......... 0 13,400 

Def-Wide Fort Bragg Hospital Alteration .................................... 57,600 57,600 

Def-Wide Fort Bragg Replace District Superintendant’s Office 3,138 3,138 

Def-Wide Fort Bragg SOF Administrative Annex ....................... 12,000 12,000 

Def-Wide Fort Bragg SOF Battalion Operations Complex ......... 23,478 23,478 

Def-Wide Fort Bragg SOF Battalion Operations Facility ........... 41,000 41,000 

Def-Wide Fort Bragg SOF Brigade Headquarters ....................... 19,000 19,000 

Def-Wide Fort Bragg SOF Communications Training Complex 10,758 10,758 

Def-Wide Fort Bragg SOF Entry Control Point .......................... 2,300 2,300 

Def-Wide Fort Bragg SOF Group Headquarters ......................... 26,000 26,000 

Def-Wide Fort Bragg SOF Squadron HQ Addition ..................... 11,000 11,000 

Def-Wide Mcb Camp 

Lejeune 

Steam Decentralization of Camp Geiger .. 0 6,925 

Def-Wide New River Replace Delalio Elementary School .......... 22,687 22,687 

Def-Wide Pope AFB SOF Training Facility ............................... 5,400 5,400 

Ohio 

Def-Wide Columbus Security Enhancements ............................. 10,000 10,000 

Oklahoma 

Def-Wide Altus Install VCEP for 22 Buildings .................. 0 5,700 

Def-Wide Altus AFB Replace Fuel Transfer Pipeline ................ 8,200 8,200 

Pennsylvania 

Def-Wide Def Distribution 

Depot New 

Cumberland 

Enclose Open-Sided Shed .......................... 3,000 0 

Def-Wide Def Distribution 

Depot New 

Cumberland 

Replace General Purpose Warehouse ....... 25,500 25,500 

Def-Wide Def Distribution 

Depot New 

Cumberland 

Upgrade Access Control Points ................. 17,500 17,500 

Def-Wide Philadelphia Upgrade HVAC System ............................. 8,000 8,000 

South Carolina 

Def-Wide Joint Base 

Charleston 

Replace Fuel Storage & Distribution Facility.24,868 24,868 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1806 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Tennessee 

Def-Wide Arnold AFB Provide Temp. Control Cell Cooling C1 & 

C2.

0 3,300 

Texas 

Def-Wide Fort Bliss Hospital Replacement Incr 3 .................... 136,700 86,700 

Def-Wide Joint Base San 

Antonio 

Ambulatory Care Center Phase 3 ............. 161,300 80,600 

Def-Wide Joint Base San 

Antonio 

Hospital Nutrition Care Department 

Add/Alt.

33,000 33,000 

United Kingdom 

Def-Wide Menwith Hill Station MHS PSC Construction Generator Plant 68,601 68,601 

Def-Wide Royal Air Force 

Alconbury 

Replace Alconbury High School ................ 35,030 35,030 

Utah 

Def-Wide Camp Williams IC CNCI Data Center 1 Inc 3 ................... 246,401 166,401 

Def-Wide Tooele Army 

Depot 

Install Stirling Solar Array ....................... 0 8,200 

Virginia 

Def-Wide Charlottesville Remote Delivery Facility ........................... 10,805 10,805 

Def-Wide Dahlgren Dahlgren E/MS School Addition ............... 1,988 1,988 

Def-Wide Dam Neck SOF Building Renovation .......................... 3,814 3,814 

Def-Wide Dam Neck SOF Logistic Support Facility .................. 14,402 14,402 

Def-Wide Dam Neck SOF Military Working Dog Facility ......... 4,900 4,900 

Def-Wide Fort Belvoir Technology Center Third Floor Fit-Out ... 54,625 54,625 

Def-Wide Joint Expeditionary Base 

Little Creek— 

Story 

SOF Seal Team Operations Facility ......... 37,000 37,000 

Def-Wide NRO/Aerospace 

Data Facility— 

East 

2 MW Bloom Box Fuel Cell ....................... 0 2,000 

Def-Wide Pentagon Heliport Control Tower/Fire Station ........ 6,457 6,457 

Def-Wide Pentagon Pentagon Memorial Pedestrian Plaza ...... 2,285 2,285 

Def-Wide Quantico Defense Access Road Improvements-Telegraph Rd.4,000 4,000 

Def-Wide Quantico DSS Headquarters Addition ..................... 42,727 42,727 

Washington 

Def-Wide Joint Base Lewis 

Mcchord 

Replace Fuel Distribution Facilities ......... 14,000 14,000 

Def-Wide Joint Base Lewis 

Mcchord 

SOF Company Operations Facility ........... 21,000 21,000 

Def-Wide Whidbey Island Replace Fuel Pipeline ................................ 25,000 25,000 

West Virginia 

Def-Wide Camp Dawson Replace Hydrant Fuel System .................. 2,200 2,200 

Worldwide Unspecified 

Def-Wide Unspecified 

Worldwide Locations 

Contingency Construction ......................... 10,000 10,000 

Def-Wide Unspecified 

Worldwide Locations 

Defense Access Roads ................................ 0 0 

Def-Wide Unspecified 

Worldwide Locations 

Energy Conservation Investment Program.135,000 0 

Def-Wide Unspecified 

Worldwide Locations 

Exercise Related Construction .................. 8,417 8,417 

Def-Wide Unspecified 

Worldwide Locations 

Minor Construction .................................... 6,100 6,100 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design (General Reduction) 0 –55,000 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1807 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 1,993 1,993 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 8,368 8,368 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 3,043 3,043 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 6,000 6,000 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 52,974 52,974 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 31,468 31,468 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 3,000 3,000 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 5,277 5,277 

Def-Wide Unspecified 

Worldwide Locations 

Planning and Design ................................. 48,007 48,007 

Def-Wide Unspecified 

Worldwide Locations 

SOF Land Acquisition ............................... 0 0 

Def-Wide Unspecified 

Worldwide Locations 

Supporting Activities ................................. 0 0 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction ............... 8,876 8,876 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Construction ............... 3,000 3,000 

Def-Wide Unspecified 

Worldwide Locations 

Unspecified Minor Milcon ......................... 6,365 0 

Def-Wide Unspecified 

Worldwide Locations 

Various ECIP ............................................. 0 20,444 

Def-Wide Various Worldwide Locations Planning and Design ................................. 227,498 227,498 

Def-Wide Various Worldwide Locations Planning and Design ................................. 66,974 66,974 

Def-Wide Various Worldwide Locations Unspecified Minor Construction ............... 6,571 6,571 

Wyoming 

Def-Wide Fe Warren Decentralize Base Heat Plant ................... 0 12,600 

Total Military Construction, Defense-Wide 3,848,757 3,396,839 

Colorado 

Chem Demil Pueblo Depot Ammunition Demilitarization Facility, 

Ph XIII.

15,338 15,338 

Kentucky 

Chem Demil Blue Grass Army 

Depot 

Ammunition Demilitarization Ph XII ...... 59,974 59,974 

Total Chemical Demilitarization Construction, Defense 75,312 75,312 

Worldwide Unspecified 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1808 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

NATO NATO Security 

Investment Program 

NATO Security Investment Program ....... 272,611 257,611 

Total NATO Security Investment Program 272,611 257,611 

Alabama 

Army NG Fort McClellan Readiness Center Ph2 ............................... 16,500 16,500 

Arizona 

Army NG Papago Military 

Reservation 

Readiness Center ....................................... 17,800 17,800 

Arkansas 

Army NG Fort Chaffee Convoy Live Fire/Entry Control Point 

Range.

3,500 3,500 

California 

Army NG Camp Roberts Tactical Unmanned Aircraft System Facility.6,160 6,160 

Army NG Camp Roberts Utilities Replacement Ph1 ........................ 32,000 32,000 

Army NG Camp San Luis 

Obispo 

Field Maintenance Shop ............................ 8,000 8,000 

Colorado 

Army NG Alamosa Readiness Center ....................................... 6,400 6,400 

Army NG Aurora Tactical Unmanned Aircraft System Facility.3,600 3,600 

Army NG Fort Carson Barracks Complex (ORTC) ........................ 43,000 43,000 

District of Columbia 

Army NG Anacostia US Property & Fiscal Office Add/Alt ....... 5,300 5,300 

Florida 

Army NG Camp Blanding Convoy Live Fire/Entry Control Point 

Range.

2,400 2,400 

Army NG Camp Blanding Live Fire Shoot House ............................... 3,100 3,100 

Georgia 

Army NG Atlanta Readiness Center ....................................... 11,000 11,000 

Army NG Hinesville Maneuver Area Training & Equipment 

Site Ph1.

17,500 17,500 

Army NG Macon Readiness Center Ph1 ............................... 14,500 14,500 

Hawaii 

Army NG Kalaeloa Readiness Center Ph1 ............................... 33,000 33,000 

Illinois 

Army NG Normal Readiness Center ....................................... 10,000 10,000 

Indiana 

Army NG Camp Atterbury Deployment Processing Facility ................ 8,900 8,900 

Army NG Camp Atterbury Operations Readiness Training Cmplx 2 27,000 27,000 

Army NG Camp Atterbury Operations Readiness Training Complex 

1.

25,000 25,000 

Army NG Camp Atterbury Railhead Expansion & Container Facility 21,000 21,000 

Army NG Indianapolis JFHQ Add/Alt ............................................ 25,700 25,700 

Maine 

Army NG Bangor Readiness Center ....................................... 15,600 15,600 

Army NG Brunswick Armed Forces Reserve Center .................. 23,000 23,000 

Maryland 

Army NG Dundalk Readiness Center Add/Alt ......................... 16,000 16,000 

Army NG LA Plata Readiness Center ....................................... 9,000 9,000 

Army NG Westminster Readiness Center Add/Alt ......................... 10,400 10,400 

Massachusetts 

Army NG Natick Readiness Center ....................................... 9,000 9,000 

Minnesota 

Army NG Camp Ripley Multipurpose Machine Gun Range ........... 8,400 8,400 

Mississippi 

Army NG Camp Shelby Deployment Processing Facility ................ 12,600 12,600 

Army NG Camp Shelby Operational Readiness Training Cmplx 

Ph1.

27,000 27,000 

Army NG Camp Shelby Troop Housing (ORTC) Ph1 ...................... 25,000 25,000 

Nebraska 

Army NG Grand Island Readiness Center ....................................... 22,000 22,000 

Army NG Mead Readiness Center ....................................... 9,100 9,100 

Nevada 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1809 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army NG Las Vegas Field Maintenance Shop ............................ 23,000 23,000 

New Jersey 

Army NG Lakehurst Army Aviation Suport Facility ................. 49,000 49,000 

New Mexico 

Army NG Santa Fe Readiness Center Add/Alt ......................... 5,200 5,200 

North Carolina 

Army NG Greensboro Readiness Center Add/Alt ......................... 3,700 3,700 

Oklahoma 

Army NG Camp Gruber Live Fire Shoot House ............................... 3,000 3,000 

Army NG Camp Gruber Upgrade-Combined Arms Collective 

Training Fac.

10,361 10,361 

Oregon 

Army NG the Dalles Readiness Center ....................................... 13,800 13,800 

Puerto Rico 

Army NG Fort Buchanan Readiness Center ....................................... 57,000 57,000 

South Carolina 

Army NG Allendale Readiness Center Add/Alt ......................... 4,300 4,300 

Utah 

Army NG Camp Williams Multi Purpose Machine Gun Range ......... 6,500 6,500 

Virginia 

Army NG Fort Pickett Combined Arms Collective Training Facility.11,000 11,000 

West Virginia 

Army NG Buckhannon Readiness Center Ph1 ............................... 10,000 10,000 

Wisconsin 

Army NG Camp Williams Tactical Unmanned Aircraft System Facility.7,000 7,000 

Worldwide Unspecified 

Army NG Unspecified 

Worldwide Locations 

Maintenance & Production Facilities ....... 0 0 

Army NG Unspecified 

Worldwide Locations 

Maintenance & Production Facilities ....... 0 0 

Army NG Unspecified 

Worldwide Locations 

Operational Facilities ................................ 0 0 

Army NG Unspecified 

Worldwide Locations 

Planning and Design ................................. 20,671 20,671 

Army NG Unspecified 

Worldwide Locations 

Training Facilities ..................................... 0 0 

Army NG Unspecified 

Worldwide Locations 

Unspecified Construction .......................... 0 0 

Army NG Unspecified 

Worldwide Locations 

Unspecified Minor Construction ............... 11,700 11,700 

Wyoming 

Army NG Cheyenne Readiness Center ....................................... 8,900 8,900 

Total Military Construction, Army National Guard 773,592 773,592 

California 

Army Res Fort Hunter 

Liggett 

Automated Multipurpose Machine Gun 

(MPMG).

5,200 5,200 

Colorado 

Army Res Fort Collins Army Reserve Center ................................ 13,600 13,600 

Illinois 

Army Res Homewood Army Reserve Center ................................ 16,000 16,000 

Army Res Rockford Army Reserve Center/Land ....................... 12,800 12,800 

Indiana 

Army Res Fort Benjamin 

Harrison 

Army Reserve Center ................................ 57,000 57,000 

Kansas 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1810 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Res Kansas City Army Reserve Center/Land ....................... 13,000 13,000 

Massachusetts 

Army Res Attleboro Army Reserve Center/Land ....................... 22,000 22,000 

Minnesota 

Army Res Saint Joseph Army Reserve Center ................................ 11,800 11,800 

Missouri 

Army Res Weldon Springs Army Reserve Center ................................ 19,000 19,000 

New York 

Army Res Schenectady Army Reserve Center ................................ 20,000 20,000 

North Carolina 

Army Res Greensboro Army Reserve Center/Land ....................... 19,000 19,000 

South Carolina 

Army Res Orangeburg Army Reserve Center/Land ....................... 12,000 12,000 

Wisconsin 

Army Res Fort McCoy Automated Record Fire Range .................. 4,600 4,600 

Army Res Fort McCoy Container Loading Facility ....................... 5,300 5,300 

Army Res Fort McCoy Modified Record Fire Known Distance 

Range.

5,400 5,400 

Army Res Fort McCoy NCOA Phase III—Billeting ....................... 12,000 12,000 

Worldwide Unspecified 

Army Res Unspecified 

Worldwide Locations 

Planning and Design ................................. 28,924 28,924 

Army Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction ............... 2,925 2,925 

Total Military Construction, Army Reserve 280,549 280,549 

Pennsylvania 

N/MC Res Pittsburgh Armed Forces Reserve Center (Pittsburgh).13,759 13,759 

Tennessee 

N/MC Res Memphis Reserve Training Center ........................... 7,949 7,949 

Worldwide Unspecified 

N/MC Res Unspecified 

Worldwide Locations 

MCNR Unspecified Minor Construction .. 2,000 2,000 

N/MC Res Unspecified 

Worldwide Locations 

Planning and Design ................................. 2,591 2,591 

Total Military Construction, Naval Reserve 26,299 26,299 

California 

Air NG Beale AFB Wing Operations and Training Facility ... 6,100 6,100 

Air NG Moffett Field Replace Pararescue Training Facility ...... 26,000 26,000 

Hawaii 

Air NG Joint Base Pearl 

Harbor-Hickam 

TFI—F–22 Combat Aircraft Parking 

Apron.

12,721 12,721 

Air NG Joint Base Pearl 

Harbor-Hickam 

TFI—F–22 Flight Simulator Facility ....... 19,800 19,800 

Air NG Joint Base Pearl 

Harbor-Hickam 

TFI—F–22 Weapons Load Crew Training 

Facilit.

7,000 7,000 

Indiana 

Air NG Fort Wayne IAP A–10 Facility Conversion—Munitions ..... 4,000 4,000 

Maryland 

Air NG Martin State Airport TFI—C–27 Conversion - Squadron Operations.4,900 4,900 

Massachusetts 

Air NG Otis ANGB TFI—CNAF Beddown - Upgrade Facility 7,800 7,800 

Ohio 

Air NG Springfield Beckley-Map Alter Predator Operations Center ............ 6,700 6,700 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1811 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Worldwide Unspecified 

Air NG Unspecified 

Worldwide Locations 

Maintenance & Production Facilities ....... 0 0 

Air NG Unspecified 

Worldwide Locations 

Operational Facilities ................................ 0 0 

Air NG Various Worldwide Locations Minor Construction .................................... 9,000 9,000 

Air NG Various Worldwide Locations Planning and Design ................................. 12,225 12,225 

Total Military Construction, Air National Guard 116,246 116,246 

California 

AF Res March AFB Airfield Control Tower/Base Ops .............. 16,393 16,393 

South Carolina 

AF Res Charleston AFB TFI Red Horse Readiness & Trng Center 9,593 9,593 

Worldwide Unspecified 

AF Res Unspecified 

Worldwide Locations 

Planning & Design ..................................... 2,200 2,200 

AF Res Unspecified 

Worldwide Locations 

Training Facilities ..................................... 0 0 

AF Res Unspecified 

Worldwide Locations 

Unspecified Minor Construction ............... 5,434 5,434 

Total Military Construction, Air Force Reserve 33,620 33,620 

Belgium 

FH Con Army Brussels Land Purchase for Gfoq (10 Units) .......... 10,000 0 

Germany 

FH Con Army Grafenwoehr Family Housing New Construction (26 

Units).

13,000 13,000 

FH Con Army Illesheim Family Housing Replacement 

Construc(80 Units).

41,000 41,000 

FH Con Army Vilseck Family Housing New Construction (22 

Units).

12,000 12,000 

Worldwide Unspecified 

FH Con Army Unspecified 

Worldwide Locations 

Construction Improvements (276 Units) .. 103,000 103,000 

FH Con Army Unspecified 

Worldwide Locations 

Family Housing P&D ................................ 7,897 7,897 

Total Family Housing Construction, Army 186,897 176,897 

Worldwide Unspecified 

FH Ops Army Unspecified 

Worldwide Locations 

Furnishings Account .................................. 14,256 14,256 

FH Ops Army Unspecified 

Worldwide Locations 

Leasing ....................................................... 204,426 204,426 

FH Ops Army Unspecified 

Worldwide Locations 

Maintenance of Real Property .................. 105,668 105,668 

FH Ops Army Unspecified 

Worldwide Locations 

Management Account ................................ 54,728 54,728 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1812 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

FH Ops Army Unspecified 

Worldwide Locations 

Miscellaneous Account ............................... 605 605 

FH Ops Army Unspecified 

Worldwide Locations 

Privatization Support Costs ...................... 25,741 25,741 

FH Ops Army Unspecified 

Worldwide Locations 

Services Account ........................................ 15,797 15,797 

FH Ops Army Unspecified 

Worldwide Locations 

Utilities Account ........................................ 73,637 73,637 

Total Family Housing Operation And Maintenance, Army 494,858 494,858 

Worldwide Unspecified 

FH Con AF Unspecified 

Worldwide Locations 

Classified Improvements ........................... 50 50 

FH Con AF Unspecified 

Worldwide Locations 

Construction Improvements ...................... 80,546 80,546 

FH Con AF Unspecified 

Worldwide Locations 

Planning and Design ................................. 4,208 4,208 

Total Family Housing Construction, Air Force 84,804 84,804 

Worldwide Unspecified 

FH Ops AF Unspecified 

Worldwide Locations 

Furnishings Account .................................. 35,290 35,290 

FH Ops AF Unspecified 

Worldwide Locations 

Housing Privatization ................................ 47,571 47,571 

FH Ops AF Unspecified 

Worldwide Locations 

Leasing ....................................................... 80,775 80,775 

FH Ops AF Unspecified 

Worldwide Locations 

Leasing Account ......................................... 122 122 

FH Ops AF Unspecified 

Worldwide Locations 

Maintenance (RPMA & RPMC) ................ 98,132 98,132 

FH Ops AF Unspecified 

Worldwide Locations 

Maintenance Account ................................ 2,001 2,001 

FH Ops AF Unspecified 

Worldwide Locations 

Management Account ................................ 55,395 55,395 

FH Ops AF Unspecified 

Worldwide Locations 

Management Account ................................ 1,996 1,996 

FH Ops AF Unspecified 

Worldwide Locations 

Miscellaneous Account ............................... 2,165 2,165 

FH Ops AF Unspecified 

Worldwide Locations 

Services Account ........................................ 13,675 13,675 

FH Ops AF Unspecified 

Worldwide Locations 

Utilities Account ........................................ 67,639 67,639 

Total Family Housing Operation And Maintenance, Air Force 404,761 404,761 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1813 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Worldwide Unspecified 

FH Con Navy Unspecified 

Worldwide Locations 

Design ......................................................... 3,199 3,199 

FH Con Navy Unspecified 

Worldwide Locations 

Improvements ............................................. 97,773 97,773 

Total Family Housing Construction, Navy And Marine Corps 100,972 100,972 

Worldwide Unspecified 

FH Ops Navy Unspecified 

Worldwide Locations 

Furnishings Account .................................. 15,979 15,979 

FH Ops Navy Unspecified 

Worldwide Locations 

Leasing ....................................................... 79,798 79,798 

FH Ops Navy Unspecified 

Worldwide Locations 

Maintenance of Real Property .................. 97,231 97,231 

FH Ops Navy Unspecified 

Worldwide Locations 

Management Account ................................ 61,090 61,090 

FH Ops Navy Unspecified 

Worldwide Locations 

Miscellaneous Account ............................... 476 476 

FH Ops Navy Unspecified 

Worldwide Locations 

Privatization Support Costs ...................... 28,582 28,582 

FH Ops Navy Unspecified 

Worldwide Locations 

Services Account ........................................ 14,510 14,510 

FH Ops Navy Unspecified 

Worldwide Locations 

Utilities Account ........................................ 70,197 70,197 

Total Family Housing Operation And Maintenance, Navy And Marine 

Corps 

367,863 367,863 

Worldwide Unspecified 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings Account .................................. 70 70 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings Account .................................. 19 19 

FH Ops DW Unspecified 

Worldwide Locations 

Furnishings Account .................................. 2,699 2,699 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 10,100 10,100 

FH Ops DW Unspecified 

Worldwide Locations 

Leasing ....................................................... 36,552 36,552 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance of Real Property .................. 70 70 

FH Ops DW Unspecified 

Worldwide Locations 

Maintenance of Real Property .................. 546 546 

FH Ops DW Unspecified 

Worldwide Locations 

Management Account ................................ 347 347 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1814 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

FH Ops DW Unspecified 

Worldwide Locations 

Services Account ........................................ 30 30 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities Account ........................................ 280 280 

FH Ops DW Unspecified 

Worldwide Locations 

Utilities Account ........................................ 10 10 

Total Family Housing Operation And Maintenance, Defense-Wide 50,723 50,723 

Worldwide Unspecified 

HOAP Unspecified 

Worldwide Locations 

Homeowers Assistance Program ............... 1,284 1,284 

Total Homeowners Assistance Fund 1,284 1,284 

Worldwide Unspecified 

FHIF Unspecified 

Worldwide Locations 

Family Housing Improvement Fund ........ 2,184 2,184 

Total DOD Family Housing Improvement Fund 2,184 2,184 

Worldwide Unspecified 

BRAC 05 Unspecified 

Worldwide Locations 

COMM ADD 3: Galena Fol, AK ................ 933 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–100: Planing, Design and Management.6,090 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–101: Various Locations .................... 5,021 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–126: NSCS, Athens, GA .................. 325 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–138: NAS Brunswick, ME ............... 421 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–157: MCSA Kansas City, MO ......... 1,442 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–158: NSA New Orleans, LA ............ 2,056 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–172: NWS Seal Beach, Concord, 

CA.

9,763 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–2: NS Pascagoula, MS ..................... 515 0 

BRAC 05 Unspecified 

Worldwide Locations 

DON–84: JRB Willow Grove & Cambria 

Reg Ap.

196 0 

BRAC 05 Unspecified 

Worldwide Locations 

IND–106: Kansas Army Ammunition 

Plant, KS.

45,769 0 

BRAC 05 Unspecified 

Worldwide Locations 

IND–110: Mississippi Army Ammo Plant, 

MS.

122 0 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1815 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

BRAC 05 Unspecified 

Worldwide Locations 

IND–112: River Bank Army Ammo 

Plant, CA.

320 0 

BRAC 05 Unspecified 

Worldwide Locations 

IND–117: Deseret Chemical Depot, UT ... 34,011 0 

BRAC 05 Unspecified 

Worldwide Locations 

IND–119: Newport Chemical Depot, IN .. 467 0 

BRAC 05 Unspecified 

Worldwide Locations 

IND–120: Umatilla Chemical Depot, OR 9,092 0 

BRAC 05 Unspecified 

Worldwide Locations 

IND–122: Lone Star Army Ammo Plant, 

TX.

19,367 0 

BRAC 05 Unspecified 

Worldwide Locations 

INT–4: NGA Activities .............................. 1,791 0 

BRAC 05 Unspecified 

Worldwide Locations 

MED–2: Walter Reed NMMC, Bethesda, 

MD.

18,586 0 

BRAC 05 Unspecified 

Worldwide Locations 

MED–57: Brooks City Base, TX ............... 205 0 

BRAC 05 Unspecified 

Worldwide Locations 

Program Management Various Locations 828 0 

BRAC 05 Unspecified 

Worldwide Locations 

Program Management Various Locations 32,298 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–113: Fort Monroe, VA ...................... 23,601 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–121: Fort Gillem, GA ....................... 8,903 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–131: USAR Command and Control—SE.250 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–166: USAR Command and Control—NW.1,000 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–167: USAR Command and Control—NE.250 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–168: USAR Command and Control—SW.250 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–222: Fort Mcpherson, GA ................ 9,921 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–223: Fort Monmouth, NJ ................. 21,908 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–242: RC Transformation in NY ....... 259 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–36: Red River Army Depot .............. 1,207 0 

BRAC 05 Unspecified 

Worldwide Locations 

USA–63: U.S. Army Garrison (Selfridge) 1,609 0 

Total Base Realignment and Closure Account 2005 258,776 0 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1816 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4601. MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Worldwide Unspecified 

BRAC IV Base Realignment 

& Closure 

Base Realignment & Closure .................... 0 0 

BRAC IV Base Realignment 

& Closure, Air 

Force 

Base Realignment & Closure .................... 123,476 123,476 

BRAC IV Base Realignment 

& Closure, 

Army 

Base Realignment & Closure .................... 70,716 70,716 

BRAC IV Base Realignment 

& Closure, Navy 

Base Realignment & Closure .................... 129,351 129,351 

Total Base Realignment and Closure Account 1990 323,543 323,543 

Unspecified 

PYS Unspecified 

Worldwide Locations 

Prior Year Savings-Air Force .................... 0 –32,000 

PYS Unspecified 

Worldwide Locations 

Prior Year Savings-Defense-Wide ............ 0 –131,400 

PYS Unspecified 

Worldwide Locations 

Prior Year Savings-Navy ........................... 0 –25,000 

PYS Unspecified 

Worldwide Locations 

Prior Year Savings-Army .......................... 0 –100,000 

Total Prior Year Savings 0 –288,400 

Total Division B 14,766,047 13,069,438 

Grand Total 14,766,047 13,069,438 

TITLE XLVII—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Discretionary Summary By Appropriation 

Energy And Water Development, And Related Agencies 

Appropriation Summary: 

Energy Programs 

ENERGY SECURITY AND ASSURANCE ............... 6,187 0 

Atomic Energy Defense Activities 

National nuclear security administration: 

WEAPONS ACTIVITIES ........................................... 7,629,716 7,274,329 

DEFENSE NUCLEAR NONPROLIFERATION ...... 2,549,492 2,333,303 

NAVAL REACTORS ................................................... 1,153,662 1,080,000 

OFFICE OF THE ADMINISTRATOR ...................... 450,060 382,700 

Total, National nuclear security administration ... 11,782,930 11,070,332 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1817 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Environmental and other defense activities: 

DEFENSE ENVIRONMENTAL CLEANUP ............ 5,406,781 5,023,000 

OTHER DEFENSE ACTIVITIES .............................. 859,952 823,364 

DEFENSE NUCLEAR WASTE DISPOSAL ............. 0 0 

Total, Environmental & other defense activities ... 6,266,733 5,846,364 

Total, Atomic Energy Defense Activities ......................... 18,049,663 16,916,696 

Total, Discretionary Funding ........................................................... 18,055,850 16,916,696 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration ......................... 6,187 0 

Weapons Activities 

Directed stockpile work 

Life extension programs 

B61 Life extension program .............................................. 223,562 223,562 

W76 Life extension program ............................................. 257,035 257,035 

Total, Life extension programs .......................................... 480,597 480,597 

Stockpile systems 

B61 Stockpile systems ....................................................... 72,396 72,396 

W76 Stockpile systems ...................................................... 63,383 63,383 

W78 Stockpile systems ...................................................... 109,518 99,518 

W80 Stockpile systems ...................................................... 44,444 44,444 

B83 Stockpile systems ....................................................... 48,215 48,215 

W87 Stockpile systems ...................................................... 83,943 83,943 

W88 Stockpile systems ...................................................... 75,728 75,728 

Total, Stockpile systems ...................................................... 497,627 487,627 

Weapons dismantlement and disposition 

Operations and maintenance ............................................ 56,770 56,770 

Total, Weapons dismantlement and disposition ............ 56,770 56,770 

Stockpile services 

Production support ............................................................. 354,502 330,000 

Research and development support .................................. 30,264 30,264 

R&D certification and safety ............................................. 190,892 165,569 

Management, technology, and production ....................... 198,700 188,700 

Plutonium sustainment ..................................................... 154,231 140,000 

Total, Stockpile services ...................................................... 928,589 854,533 

Total, Directed stockpile work .................................................. 1,963,583 1,879,527 

Campaigns: 

Science campaign 

Advanced certification ....................................................... 94,929 40,000 

Primary assessment technologies ..................................... 86,055 86,055 

Dynamic materials properties ........................................... 111,836 96,984 

Advanced radiography ....................................................... 27,058 26,000 

Secondary assessment technologies .................................. 86,061 85,000 

Total, Science campaign ...................................................... 405,939 334,039 

Engineering campaign 

Enhanced surety ................................................................ 41,696 41,696 

Weapon systems engineering assessment technology ..... 15,663 15,663 

Nuclear survivability ......................................................... 19,545 19,545 

Enhanced surveillance ....................................................... 66,174 66,174 

Total, Engineering campaign ............................................. 143,078 143,078 

Inertial confinement fusion ignition and high yield 

campaign 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1818 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Ignition ............................................................................... 109,888 109,888 

Diagnostics, cryogenics and experimental support ......... 86,259 86,259 

Pulsed power inertial confinement fusion ........................ 4,997 4,997 

Joint program in high energy density laboratory plasmas .................................................................................. 9,100 9,100 

Facility operations and target production ........................ 266,030 266,030 

Total, Inertial confinement fusion and high yield 

campaign .............................................................................. 476,274 476,274 

Advanced simulation and computing campaign ........... 628,945 620,000 

Readiness Campaign 

Nonnuclear readiness ........................................................ 65,000 65,000 

Tritium readiness ............................................................... 77,491 63,591 

Total, Readiness campaign ................................................. 142,491 128,591 

Total, Campaigns .......................................................................... 1,796,727 1,701,982 

Readiness in technical base and facilities (RTBF) 

Operations of facilities 

Kansas City Plant .............................................................. 156,217 156,217 

Lawrence Livermore National Laboratory ....................... 83,990 83,990 

Los Alamos National Laboratory ...................................... 318,526 318,526 

Nevada Test Site ................................................................ 97,559 97,559 

Pantex ................................................................................. 164,848 164,848 

Sandia National Laboratory .............................................. 120,708 120,708 

Savannah River Site .......................................................... 97,767 97,767 

Y–12 National security complex ....................................... 246,001 246,001 

Institutional site support .................................................. 199,638 0 

Total, Operations of facilities ............................................. 1,485,254 1,285,616 

Program readiness .................................................................... 74,180 74,180 

Material recycle and recovery .................................................. 85,939 78,000 

Containers .................................................................................. 28,979 28,979 

Storage ....................................................................................... 31,272 31,272 

Subtotal, Readiness in technical base and facilities ........... 1,705,624 1,498,047 

Construction: 

12–D–301 TRU waste facilities, LANL ............................ 9,881 9,881 

11–D–801 TA–55 Reinvestment project, LANL .............. 19,402 10,000 

10-D–501 Nuclear facilities risk reduction Y–12 National security complex, Oakridge, TN ......................... 35,387 35,387 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM ......................... 25,168 25,168 

08–D–802 High explosive pressing facility Pantex 

Plant, Amerillo, TX ........................................................ 66,960 66,960 

07–D–140 Project engineering and design (PED) various locations .................................................................. 3,518 3,518 

06–D–141 Project engineering & design (PED) Y–12 

National Security Complex, Oakridge, TN ................... 160,194 160,194 

04–D–125 Chemistry and metallurgy facility replacement project, Los Alamos National Laboratory, Los 

Alamos, NM .................................................................... 300,000 200,000 

Total, Construction ............................................................... 620,510 511,108 

Total, Readiness in technical base and facilities ................. 2,326,134 2,009,155 

Secure transportation asset 

Operations and equipment ....................................................... 149,274 145,274 

Program direction ..................................................................... 101,998 98,002 

Total, Secure transportation asset ........................................... 251,272 243,276 

Nuclear counterterrorism incident response ........................ 222,147 222,147 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1819 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Facilities and infrastructure recapitalization program 

Operations and maintenance ................................................... 96,380 96,380 

Total, Facilities and infrastructure recapitalization program .............................................................................................. 96,380 96,380 

Site stewardship 

Operations and maintenance ................................................... 104,002 78,680 

Total, Site stewardship ................................................................ 104,002 78,680 

Safeguards and security 

Defense nuclear security 

Operations and maintenance ............................................ 711,105 686,252 

Construction: 

08–D–701 Nuclear materials S&S upgrade project 

Los Alamos National Laboratory ........................... 11,752 11,752 

Total, Construction ........................................................ 11,752 11,752 

Total, Defense nuclear security ......................................... 722,857 698,004 

Cyber security ........................................................................... 126,614 126,614 

Total, Safeguards and security ................................................. 849,471 824,618 

National security applications .................................................. 20,000 10,000 

Subtotal, Weapons activities ............................................................. 7,629,716 7,065,765 

Legacy Contractor Pensions ...................................................... 0 168,232 

Recission ......................................................................................... 40,332 

Adjustments 

Use of prior year balances ........................................................ 0 0 

Total, Weapons Activities ................................................................... 7,629,716 7,274,329 

Defense Nuclear Nonproliferation 

Nonproliferation and verification R&D 

Operations and maintenance ................................................... 417,598 356,150 

Total, Operations and maintenance ................................. 417,598 356,150 

Total, Nonproliferation & verification R&D .......................... 417,598 356,150 

Nonproliferation and international security ......................... 161,833 155,305 

International nuclear materials protection and cooperation ................................................................................................ 571,639 571,639 

Fissile materials disposition 

U.S. surplus fissile materials disposition 

Operations and maintenance 

U.S. plutonium disposition ......................................... 274,790 205,632 

U.S. uranium disposition ........................................... 26,435 26,000 

Total, Operations and maintenance .......................... 301,225 231,632 

Construction: 

99–D–143 Mixed oxide fuel fabrication facility, Savannah River, SC .................................................... 385,172 435,172 

99–D–141–01 Pit disassembly and conversion facility, Savannah River, SC ......................................... 176,000 0 

99–D–141–02 Waste Solidification Building, Savannah River, SC .......................................................... 17,582 17,582 

Total, Construction ........................................................ 578,754 452,754 

Total, U.S. surplus fissile materials disposition ............ 879,979 684,386 

Russian surplus materials disposition .................................... 10,174 1,000 

Total, Fissile materials disposition .......................................... 890,153 685,386 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1820 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Global threat reduction initiative ................................................... 508,269 500,000 

Legacy contractor pensions .............................................................. 0 55,823 

Recission ............................................................................................ 9,000 

Total, Defense Nuclear Nonproliferation ...................................... 2,549,492 2,333,303 

Naval Reactors 

Naval reactors development 

OHIO replacement reactor systems development ................ 0 121,300 

S8G Prototype refueling ............................................................. 0 99,500 

Naval reactors operations and infrastructure ...................... 0 358,300 

Operation and maintenance 

Operation and maintenance .............................................. 1,069,262 421,000 

Total, Operation and maintenance ................................... 1,069,262 1,000,100 

Construction: 

10-D–903, Security upgrades, KAPL ................................ 100 100 

10-D–904, NRF infrastructure upgrades, Idaho .............. 12,000 12,000 

08–D–190 Expended Core Facility M–290 recovering 

discharge station, Naval Reactor Facility, ID .............. 27,800 27,800 

Total, Construction ............................................................... 39,900 39,900 

Total, Naval reactors development .......................................... 1,109,162 460,900 

Program direction ............................................................................. 44,500 40,000 

Total, Naval Reactors .......................................................................... 1,153,662 1,080,000 

Office Of The Administrator 

Office of the administrator .............................................................. 450,060 410,000 

Floor amendment 

Congressionally directed projects .................................................... 0 0 

Subtotal, Office of the Administrator ............................................. 450,060 410,000 

General Provision 

Section 309–Contractor Pay Freeze ................................................ 0 –27,300 

Security 

Adjustments: 

Use of prior year balances ........................................................ 0 0 

Subtotal, Office of the Administrator ............................................. 450,060 382,700 

Transfer of prior year balances (OMB scoring) ...................... 0 0 

Total, Office Of The Administrator ................................................. 450,060 382,700 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration .................................................... 5,375 5,375 

Total, Closure sites ....................................................................... 5,375 5,375 

Hanford site: 

Central plateau remediation .................................................... 0 546,890 

River corridor and other cleanup operations .......................... 0 386,822 

Nuclear facility D&D—remainder of Hanford ........................ 56,288 

Nuclear facility D&D river corridor closure project ............... 330,534 

Richland community and regulatory support ......................... 0 19,540 

Nuclear material stabilization and disposition PFP .............. 48,458 

SNF stabilization and disposition ............................................ 112,250 

Soil and water remediation—groundwater vadose zone ........ 222,285 

Solid waste stabilization and disposition 200 area ................ 143,897 

Total, Hanford site ........................................................................ 913,712 953,252 

Idaho National Laboratory: 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1821 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Idaho cleanup and waste disposition ....................................... 0 382,769 

SNF stabilization and disposition—2012 ................................ 20,114 

Solid waste stabilization and disposition ................................ 165,035 

Radioactive liquid tank waste stabilization and disposition 110,169 

Soil and water remediation—2012 .......................................... 87,451 

Idaho community and regulatory support ............................... 0 4,100 

Total, Idaho National Laboratory ............................................. 382,769 386,869 

NNSA sites 

NNSA sites and Nevada off-sites ............................................. 0 282,393 

Lawrence Livermore National Laboratory .............................. 873 

Nuclear facility D & D Separations Process Research Unit .. 1,500 

Nevada ....................................................................................... 63,380 

Los Alamos National Laboratory ............................................. 357,939 

Sandia National Laboratory 

Total, NNSA sites and Nevada off-sites ................................... 423,692 282,393 

Oak Ridge Reservation: 

Building 3019 ............................................................................ 0 37,000 

OR nuclear facility D&D .......................................................... 0 69,100 

Nuclear facility D & D ORNL .................................................. 44,000 

Nuclear facility D & D Y–12 .................................................... 30,000 

Nuclear facility D & D, E. Tennessee technology park .......... 100 

OR cleanup and disposition ...................................................... 0 87,000 

OR reservation community and regulatory support Soil and 

water remediation—offsites .................................................. 3,000 

OR reservation community and regulatory support Soil and 

water remediation—offsites .................................................. 0 6,409 

Solid waste stabilization and disposition—2012 .................... 99,000 

Total, Oak Ridge Reservation .................................................... 176,100 199,509 

Office of River Protection: 

Waste treatment and immobilization plant 

Waste treatment & immobilization plant 01–D–16 A–D 363,000 430,000 

Waste treatment & immobilization plant 01–D–16 E .... 477,000 310,000 

Total, Waste treatment and immobilization plant ........ 840,000 740,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ....... 521,391 445,000 

Total, Tank farm activities .................................................. 521,391 445,000 

Total, Office of River protection ............................................... 1,361,391 1,185,000 

Savannah River site: 

Savannah River community and regulatory support ............. 0 9,584 

Nuclear material stabilization and disposition ....................... 235,000 

Radioactive liquid tank waste stabilization and disposition 710,487 667,081 

SR site risk management operations ....................................... 0 343,586 

PE&D Glass Waste Storage Building #3 ................................ 0 3,500 

05–D–405 Salt waste processing facility, Savannah River .... 170,071 170,071 

Soil and water remediation ...................................................... 38,409 

SNF stabilization and disposition ............................................ 40,137 

Solid waste stabilization and disposition ................................ 30,040 

Total, Savannah River site ......................................................... 1,224,144 1,193,822 

Waste Isolation Pilot Plant 

Waste Isolation Pilot Plant ......................................................... 0 215,134 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
125 STAT. 1822 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2012 

Request 

Conference 

Authorized 

Waste isolation pilot plant ....................................................... 147,136 

Central characterization project .............................................. 23,975 

Transportation ........................................................................... 29,044 

Community and regulatory support ........................................ 28,771 

Total, Waste Isolation Pilot Plant ............................................. 228,926 215,134 

Program direction ............................................................................. 321,628 321,628 

Program Support .............................................................................. 0 20,380 

Community, regulatory and program support ............................... 91,279 

Safeguards and Security: 

Oak Ridge Reservation ............................................................. 17,300 17,300 

Paducah ..................................................................................... 9,435 9,435 

Portsmouth ................................................................................ 16,412 16,412 

Richland/Hanford Site .............................................................. 69,234 69,234 

Savannah River Site ................................................................. 130,000 133,193 

Waste Isolation Pilot Project .................................................... 4,845 4,845 

West Valley ................................................................................ 1,600 1,600 

Total, Safeguards and Security ................................................. 248,826 252,019 

Technology development .................................................................. 32,320 11,000 

Subtotal, Defense environmental cleanup ..................................... 5,410,162 5,026,381 

Use of prior year balances ............................................................... –3,381 –3,381 

Total, Defense Environmental Cleanup ......................................... 5,406,781 5,023,000 

Other Defense Activities 

Health, safety and security 

Health, safety and security ...................................................... 349,445 335,436 

Program direction ..................................................................... 107,037 102,000 

Total, Health, safety and security ............................................ 456,482 437,436 

Office of Legacy Management 

Legacy management ................................................................. 157,514 157,514 

Program direction ..................................................................... 12,586 12,086 

Total, Office of Legacy Management ....................................... 170,100 169,600 

Defense-related activities 

Infrastructure 

Idaho sitewide safeguards and security ........................... 98,500 93,350 

Total, Defense-related activities ............................................... 98,500 93,350 

Defense related administrative support ......................................... 118,836 118,836 

Acquisitions workforce improvement .............................................. 11,892 0 

Office of hearings and appeals ........................................................ 4,142 4,142 

Total, Other Defense Activities ........................................................ 859,952 823,364 

DIVISION E—SBIR AND STTR 

REAUTHORIZATION 

TITLE L—SHORT TITLE; DEFINITIONS 

SEC. 5001. SHORT TITLE. 

This division may be cited as the ‘‘SBIR/STTR Reauthorization 

Act of 2011’’. 

15 USC 631 note. 

SBIR/STTR 

Reauthorization 

Act of 2011. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1823 

SEC. 5002. DEFINITIONS. 

In this division— 

(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean 

the Small Business Administration and the Administrator 

thereof, respectively; 

(2) the terms ‘‘extramural budget’’, ‘‘Federal agency’’, ‘‘Small 

Business Innovation Research Program’’, ‘‘SBIR’’, ‘‘Small Business Technology Transfer Program’’, and ‘‘STTR’’ have the 

meanings given such terms in section 9 of the Small Business 

Act (15 U.S.C. 638); and 

(3) the term ‘‘small business concern’’ has the meaning 

given that term under section 3 of the Small Business Act 

(15 U.S.C. 632). 

TITLE LI—SBIR AND STTR 

REAUTHORIZATION 

Subtitle A—Reauthorization of the SBIR and STTR Programs 

Sec. 5101. Extension of termination dates. 

Sec. 5102. SBIR and STTR allocation increase. 

Sec. 5103. SBIR and STTR award levels. 

Sec. 5104. Agency and program flexibility. 

Sec. 5105. Elimination of Phase II invitations. 

Sec. 5106. Pilot to allow phase flexibility. 

Sec. 5107. Participation by firms with substantial investment from multiple venture capital operating companies, hedge funds, or private equity firms 

in a portion of the SBIR program. 

Sec. 5108. SBIR and STTR special acquisition preference. 

Sec. 5109. Collaborating with Federal laboratories and research and development 

centers. 

Sec. 5110. Notice requirement. 

Sec. 5111. Additional SBIR and STTR awards. 

Subtitle B—Outreach and Commercialization Initiatives 

Sec. 5121. Technical assistance for awardees. 

Sec. 5122. Commercialization Readiness Program at Department of Defense. 

Sec. 5123. Commercialization Readiness Pilot Program for civilian agencies. 

Sec. 5124. Interagency Policy Committee. 

Sec. 5125. Clarifying the definition of ‘‘Phase III’’. 

Sec. 5126. Shortened period for final decisions on proposals and applications. 

Sec. 5127. Phase 0 Proof of Concept Partnership pilot program. 

Subtitle C—Oversight and Evaluation 

Sec. 5131. Streamlining annual evaluation requirements. 

Sec. 5132. Data collection from agencies for SBIR. 

Sec. 5133. Data collection from agencies for STTR. 

Sec. 5134. Public database. 

Sec. 5135. Government database. 

Sec. 5136. Accuracy in funding base calculations. 

Sec. 5137. Continued evaluation by the National Academy of Sciences. 

Sec. 5138. Technology insertion reporting requirements. 

Sec. 5139. Intellectual property protections. 

Sec. 5140. Obtaining consent from SBIR and STTR applicants to release contact information to economic development organizations. 

Sec. 5141. Pilot to allow funding for administrative, oversight, and contract processing costs. 

Sec. 5142. GAO study with respect to venture capital operating company, hedge 

fund, and private equity firm involvement. 

Sec. 5143. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and 

abuse. 

Sec. 5144. Simplified paperwork requirements. 

Subtitle D—Policy Directives 

Sec. 5151. Conforming amendments to the SBIR and the STTR Policy Directives. 

15 USC 638b 

note. 


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125 STAT. 1824 PUBLIC LAW 112–81—DEC. 31, 2011 

Subtitle E—Other Provisions 

Sec. 5161. Report on SBIR and STTR program goals. 

Sec. 5162. Competitive selection procedures for SBIR and STTR programs. 

Sec. 5163. Loan restrictions. 

Sec. 5164. Limitation on pilot programs. 

Sec. 5165. Commercialization success. 

Sec. 5166. Publication of certain information. 

Sec. 5167. Report on enhancement of manufacturing activities. 

Sec. 5168. Coordination of the SBIR program and the Experimental Program to 

Stimulate Competitive Research. 

Subtitle A—Reauthorization of the SBIR 

and STTR Programs 

SEC. 5101. EXTENSION OF TERMINATION DATES. 

(a) SBIR.—Section 9(m) of the Small Business Act (15 U.S.C. 

638(m)) is amended by striking ‘‘2011’’ and inserting ‘‘2017’’. 

(b) STTR.—Section 9(n)(1)(A) of the Small Business Act (15 

U.S.C. 638(n)(1)(A)) is amended by striking ‘‘2011’’ and inserting 

‘‘2017’’. 

SEC. 5102. SBIR AND STTR ALLOCATION INCREASE. 

(a) SBIR.—Section 9(f) of the Small Business Act (15 U.S.C. 

638(f)) is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘Each’’ and inserting ‘‘Except as provided in paragraph (2)(B), each’’; 

(B) in subparagraph (B), by striking ‘‘and’’ at the end; 

and 

(C) by striking subparagraph (C) and inserting the 

following: 

‘‘(C) not less than 2.5 percent of such budget in each 

of fiscal years 1997 through 2011; 

‘‘(D) not less than 2.6 percent of such budget in fiscal 

year 2012; 

‘‘(E) not less than 2.7 percent of such budget in fiscal 

year 2013; 

‘‘(F) not less than 2.8 percent of such budget in fiscal 

year 2014; 

‘‘(G) not less than 2.9 percent of such budget in fiscal 

year 2015; 

‘‘(H) not less than 3.0 percent of such budget in fiscal 

year 2016; and 

‘‘(I) not less than 3.2 percent of such budget in fiscal 

year 2017 and each fiscal year thereafter,’’; and 

(2) by adding at the end the following: 

‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

may be construed to prohibit a Federal agency from expending 

with small business concerns an amount of the extramural 

budget for research or research and development of the agency 

that exceeds the amount required under paragraph (1).’’. 

(b) STTR.—Section 9(n)(1)(B) of the Small Business Act (15 

U.S.C. 638(n)(1)(B)) is amended— 

(1) in clause (i) by striking ‘‘and’’ at the end; and 

(2) by striking clause (ii) and inserting the following: 

‘‘(ii) 0.3 percent for each of fiscal years 2004 

through 2011; 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1825 

‘‘(iii) 0.35 percent for each of fiscal years 2012 

and 2013; 

‘‘(iv) 0.40 percent for each of fiscal years 2014 

and 2015; and 

‘‘(v) 0.45 percent for fiscal year 2016 and each 

fiscal year thereafter.’’. 

SEC. 5103. SBIR AND STTR AWARD LEVELS. 

(a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) of the Small Business Act (15 U.S.C. 638(j)(2)(D)) is amended— (1) by striking ‘‘$100,000’’ and inserting ‘‘$150,000’’; and 

(2) by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

(b) STTR ADJUSTMENTS.—Section 9(p)(2)(B)(ix) of the Small 

Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended— (1) by striking ‘‘$100,000’’ and inserting ‘‘$150,000’’; and 

(2) by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

(c) ANNUAL ADJUSTMENTS.—Section 9 of the Small Business 

Act (15 U.S.C. 638) is amended— 

(1) in subsection (j)(2)(D), by striking ‘‘once every 5 years 

to reflect economic adjustments and programmatic considerations’’ and inserting ‘‘every year for inflation’’; and 

(2) in subsection (p)(2)(B)(ix), as amended by subsection 

(b) of this section, by inserting ‘‘(each of which the Administrator shall adjust for inflation annually)’’ after ‘‘$1,000,000,’’. 

(d) LIMITATION ON SIZE OF AWARDS.—Section 9 of the Small 

Business Act (15 U.S.C. 638), as amended by this title, is further 

amended by adding at the end the following: 

‘‘(aa) LIMITATION ON SIZE OF AWARDS.— 

‘‘(1) LIMITATION.—No Federal agency may issue an award 

under the SBIR program or the STTR program if the size 

of the award exceeds the award guidelines established under 

this section by more than 50 percent. 

‘‘(2) MAINTENANCE OF INFORMATION.—Participating agencies shall maintain information on awards exceeding the guidelines established under this section, including— 

‘‘(A) the amount of each award; 

‘‘(B) a justification for exceeding the guidelines for 

each award; 

‘‘(C) the identity and location of each award recipient; 

and 

‘‘(D) whether an award recipient has received any venture capital, hedge fund, or private equity firm investment 

and, if so, whether the recipient is majority-owned by multiple venture capital operating companies, hedge funds, 

or private equity firms. 

‘‘(3) REPORTS.—The Administrator shall include the 

information described in paragraph (2) in the annual report 

of the Administrator to Congress. 

‘‘(4) WAIVER FOR SPECIFIC TOPIC.—Upon the receipt of an 

application from a Federal agency, the Administrator may grant 

a waiver from the requirement under paragraph (1) with respect 

to a specific topic (but not for the agency as a whole) for 

a fiscal year if the Administrator determines, based on the 

information contained in the application from the agency, that— 

‘‘(A) the requirement under paragraph (1) will interfere 

with the ability of the agency to fulfill its research mission 

through the SBIR program or the STTR program; and 

Determination. 


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125 STAT. 1826 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(B) the agency will minimize, to the maximum extent 

possible, the number of awards that do not satisfy the 

requirement under paragraph (1) to preserve the nature 

and intent of the SBIR program and the STTR program. 

‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to prevent a Federal agency from 

supplementing an award under the SBIR program or the STTR 

program using funds of the Federal agency that are not part 

of the SBIR program or the STTR program of the Federal 

agency.’’. 

SEC. 5104. AGENCY AND PROGRAM FLEXIBILITY. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(bb) SUBSEQUENT PHASE II AWARDS.— ‘‘(1) AGENCY FLEXIBILITY.—A small business concern that 

received a Phase I award from a Federal agency under this 

section shall be eligible to receive a subsequent Phase II award 

from another Federal agency, if the head of each relevant 

Federal agency or the relevant component of the Federal agency 

makes a written determination that the topics of the relevant 

awards are the same and both agencies report the awards 

to the Administrator for inclusion in the public database under 

subsection (k). 

‘‘(2) SBIR AND STTR PROGRAM FLEXIBILITY.—A small business concern that received a Phase I award under this section 

under the SBIR program or the STTR program may receive 

a subsequent Phase II award in either the SBIR program 

or the STTR program and the participating agency or agencies 

shall report the awards to the Administrator for inclusion in 

the public database under subsection (k). 

‘‘(3) PREVENTING DUPLICATIVE AWARDS.—The head of a Federal agency shall verify that any activity to be performed with 

respect to a project with a Phase I or Phase II SBIR or STTR 

award has not been funded under the SBIR program or STTR 

program of another Federal agency.’’. 

SEC. 5105. ELIMINATION OF PHASE II INVITATIONS. 

Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is 

amended— 

(1) in paragraph (4)(B), by striking ‘‘to further’’ and 

inserting ‘‘which shall not include any invitation, pre-screening, 

or pre-selection process for eligibility for Phase II, that will 

further’’; and 

(2) in paragraph (6)(B), by striking ‘‘to further develop 

proposed ideas to’’ and inserting ‘‘which shall not include any 

invitation, pre-screening, or pre-selection process for eligibility 

for Phase II, that will further develop proposals that’’. 

SEC. 5106. PILOT TO ALLOW PHASE FLEXIBILITY. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(cc) PHASE FLEXIBILITY.—During fiscal years 2012 through 

2017, the National Institutes of Health, the Department of Defense, 

and the Department of Education may each provide to a small 

business concern an award under Phase II of the SBIR program 

with respect to a project, without regard to whether the small 

business concern was provided an award under Phase I of an 

Determination. 

Verification. 

Eligibility. 

Determination. 


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SBIR program with respect to such project, if the head of the 

applicable agency determines that the small business concern has 

completed the determinations described in subsection (e)(4)(A) with 

respect to such project despite not having been provided a Phase 

I award.’’. 

SEC. 5107. PARTICIPATION BY FIRMS WITH SUBSTANTIAL INVESTMENT 

FROM MULTIPLE VENTURE CAPITAL OPERATING COMPANIES, HEDGE FUNDS, OR PRIVATE EQUITY FIRMS IN A 

PORTION OF THE SBIR PROGRAM. 

(a) IN GENERAL.—Section 9 of the Small Business Act (15 

U.S.C. 638), as amended by this title, is further amended by adding 

at the end the following: 

‘‘(dd) PARTICIPATION OF SMALL BUSINESS CONCERNS MAJORITY- OWNED BY VENTURE CAPITAL OPERATING COMPANIES, HEDGE

FUNDS, OR PRIVATE EQUITY FIRMS IN THE SBIR PROGRAM.— ‘‘(1) AUTHORITY.—Upon providing a written determination 

described in paragraph (2) to the Administrator, the Committee 

on Small Business and Entrepreneurship of the Senate, and 

the Committee on Small Business and the Committee on 

Science, Space, and Technology of the House of Representatives, 

not later than 30 days before the date on which any such 

award is made— 

‘‘(A) the Director of the National Institutes of Health, 

the Secretary of Energy, and the Director of the National 

Science Foundation may award not more than 25 percent 

of the funds allocated for the SBIR program of the 

applicable Federal agency to small business concerns that 

are owned in majority part by multiple venture capital 

operating companies, hedge funds, or private equity firms 

through competitive, merit-based procedures that are open 

to all eligible small business concerns; and 

‘‘(B) the head of a Federal agency other than a Federal 

agency described in subparagraph (A) that participates in 

the SBIR program may award not more than 15 percent 

of the funds allocated for the SBIR program of the Federal 

agency to small business concerns that are owned in 

majority part by multiple venture capital operating companies, hedge funds, or private equity firms through competitive, merit-based procedures that are open to all eligible 

small business concerns. 

‘‘(2) DETERMINATION.—A written determination described 

in this paragraph is a written determination by the head of 

a Federal agency that explains how the use of the authority 

under paragraph (1) will— 

‘‘(A) induce additional venture capital, hedge fund, or 

private equity firm funding of small business innovations; 

‘‘(B) substantially contribute to the mission of the Federal agency; 

‘‘(C) demonstrate a need for public research; and 

‘‘(D) otherwise fulfill the capital needs of small business 

concerns for additional financing for SBIR projects. 

‘‘(3) REGISTRATION.—A small business concern that is 

majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms and qualified for 

participation in the program authorized under paragraph (1) 

shall— 

Determination. 

Deadline. 


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‘‘(A) register with the Administrator on the date that 

the small business concern submits an application for an 

award under the SBIR program; and 

‘‘(B) indicate in any SBIR proposal that the small business concern is registered under subparagraph (A) as 

majority-owned by multiple venture capital operating 

companies, hedge funds, or private equity firms. 

‘‘(4) COMPLIANCE.— ‘‘(A) IN GENERAL.—The head of a Federal agency that 

makes an award under this subsection during a fiscal year 

shall collect and submit to the Administrator data relating 

to the number and dollar amount of Phase I awards, Phase 

II awards, and any other category of awards by the Federal 

agency under the SBIR program during that fiscal year. 

‘‘(B) ANNUAL REPORTING.—The Administrator shall 

include as part of each annual report by the Administration 

under subsection (b)(7) any data submitted under subparagraph (A) and a discussion of the compliance of each Federal agency that makes an award under this subsection 

during the fiscal year with the maximum percentages under 

paragraph (1). 

‘‘(5) ENFORCEMENT.—If a Federal agency awards more than 

the percent of the funds allocated for the SBIR program of 

the Federal agency authorized under paragraph (1) for a purpose described in paragraph (1), the head of the Federal agency 

shall transfer an amount equal to the amount awarded in 

excess of the amount authorized under paragraph (1) to the 

funds for general SBIR programs from the non-SBIR and nonSTTR research and development funds of the Federal agency 

not later than 180 days after the date on which the Federal 

agency made the award that caused the total awarded under 

paragraph (1) to be more than the amount authorized under 

paragraph (1) for a purpose described in paragraph (1). 

‘‘(6) FINAL DECISIONS ON APPLICATIONS UNDER THE SBIR

PROGRAM.— 

‘‘(A) DEFINITION.—In this paragraph, the term ‘covered 

small business concern’ means a small business concern 

that— 

‘‘(i) was not majority-owned by multiple venture 

capital operating companies, hedge funds, or private 

equity firms on the date on which the small business 

concern submitted an application in response to a 

solicitation under the SBIR programs; and 

‘‘(ii) on the date of the award under the SBIR 

program is majority-owned by multiple venture capital 

operating companies, hedge funds, or private equity 

firms. 

‘‘(B) IN GENERAL.—If a Federal agency does not make 

an award under a solicitation under the SBIR program 

before the date that is 9 months after the date on which 

the period for submitting applications under the solicitation 

ends— 

‘‘(i) a covered small business concern is eligible 

to receive the award, without regard to whether the 

covered small business concern meets the requirements 

for receiving an award under the SBIR program for 

a small business concern that is majority-owned by 

Time period. 

Deadline. 

Data. 


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multiple venture capital operating companies, hedge 

funds, or private equity firms, if the covered small 

business concern meets all other requirements for such 

an award; and 

‘‘(ii) the head of the Federal agency shall transfer 

an amount equal to any amount awarded to a covered 

small business concern under the solicitation to the 

funds for general SBIR programs from the non-SBIR 

and non-STTR research and development funds of the 

Federal agency, not later than 90 days after the date 

on which the Federal agency makes the award. 

‘‘(7) EVALUATION CRITERIA.—A Federal agency may not use 

investment of venture capital or investment from hedge funds 

or private equity firms as a criterion for the award of contracts 

under the SBIR program or STTR program.’’. 

(b) DEFINITIONS.—Section 3 of the Small Business Act (15 

U.S.C. 632) is amended by adding at the end the following: 

‘‘(aa) VENTURE CAPITAL OPERATING COMPANY.—In this Act, the 

term ‘venture capital operating company’ means an entity described 

in clause (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code 

of Federal Regulations (or any successor thereto). 

‘‘(bb) HEDGE FUND.—In this Act, the term ‘hedge fund’ has 

the meaning given that term in section 13(h)(2) of the Bank Holding 

Company Act of 1956 (12 U.S.C. 1851(h)(2)). 

‘‘(cc) PRIVATE EQUITY FIRM.—In this Act, the term ‘private 

equity firm’ has the meaning given the term ‘private equity fund’ 

in section 13(h)(2) of the Bank Holding Company Act of 1956 

(12 U.S.C. 1851(h)(2)).’’. 

(c) RULEMAKING TO ENSURE THAT FIRMS THAT ARE MAJORITYOWNED BY MULTIPLE VENTURE CAPITAL OPERATING COMPANIES, 

HEDGE FUNDS, OR PRIVATE EQUITY FIRMS ARE ABLE TO PARTICIPATE IN A PORTION OF THE SBIR PROGRAM.— 

(1) STATEMENT OF CONGRESSIONAL INTENT.—It is the stated 

intent of Congress that the Administrator should promulgate 

regulations to carry out the authority under section 9(dd) of 

the Small Business Act, as added by this section, that— 

(A) permit small business concerns that are majorityowned by multiple venture capital operating companies, 

hedge funds, or private equity firms to participate in the 

SBIR program in accordance with section 9(dd) of the Small 

Business Act; 

(B) provide specific guidance for small business concerns that are majority-owned by multiple venture capital 

operating companies, hedge funds, or private equity firms 

with regard to eligibility, participation, and affiliation rules; 

and 

(C) preserve and maintain the integrity of the SBIR 

program as a program for small business concerns in the 

United States by prohibiting large businesses or large entities or foreign-owned businesses or foreign-owned entities 

from participation in the program established under section 

9 of the Small Business Act. 

(2) RULEMAKING REQUIRED.— 

(A) PROPOSED REGULATIONS.—Not later than 120 days 

after the date of enactment of this Act, the Administrator 

shall issue proposed regulations to amend section 121.103 

(relating to determinations of affiliation applicable to the 

Deadline. 

15 USC 638 note. 

Deadline. 


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SBIR program) and section 121.702 (relating to ownership 

and control standards and size standards applicable to 

the SBIR program) of title 13, Code of Federal Regulations, 

for firms that are majority-owned by multiple venture capital operating companies, hedge funds, or private equity 

firms and participating in the SBIR program solely under 

the authority under section 9(dd) of the Small Business 

Act, as added by this section. 

(B) FINAL REGULATIONS.—Not later than 1 year after 

the date of enactment of this Act, and after providing 

notice of and opportunity for comment on the proposed 

regulations issued under subparagraph (A), the Administrator shall issue final or interim final regulations under 

this subsection. 

(3) CONTENTS.— 

(A) IN GENERAL.—The regulations issued under this 

subsection shall permit the participation of applicants 

majority-owned by multiple venture capital operating 

companies, hedge funds, or private equity firms in the 

SBIR program in accordance with section 9(dd) of the Small 

Business Act, as added by this section, unless the Administrator determines— 

(i) in accordance with the size standards established under subparagraph (B), that the applicant is— 

(I) a large business or large entity; or 

(II) majority-owned or controlled by a large 

business or large entity; or 

(ii) in accordance with the criteria established 

under subparagraph (C), that the applicant— 

(I) is a foreign-owned business or a foreign 

entity or is not a citizen of the United States 

or alien lawfully admitted for permanent residence; or 

(II) is majority-owned or controlled by a foreign-owned business, foreign entity, or person who 

is not a citizen of the United States or alien lawfully admitted for permanent residence. 

(B) SIZE STANDARDS.—Under the authority to establish 

size standards under paragraphs (2) and (3) of section 

3(a) of the Small Business Act (15 U.S.C. 632(a)), the 

Administrator shall, in accordance with paragraph (1) of 

this subsection, establish size standards for applicants 

seeking to participate in the SBIR program solely under 

the authority under section 9(dd) of the Small Business 

Act, as added by this section. 

(C) CRITERIA FOR DETERMINING FOREIGN OWNERSHIP.— 

The Administrator shall establish criteria for determining 

whether an applicant meets the requirements under 

subparagraph (A)(ii), and, in establishing the criteria, shall 

consider whether the criteria should include— 

(i) whether the applicant is at least 51 percent 

owned or controlled by citizens of the United States 

or domestic venture capital operating companies, hedge 

funds, or private equity firms; 

(ii) whether the applicant is domiciled in the 

United States; and 

Determination. 

Deadline. 


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(iii) whether the applicant is a direct or indirect 

subsidiary of a foreign-owned firm, including whether 

the criteria should include that an applicant is a direct 

or indirect subsidiary of a foreign-owned entity if— 

(I) any venture capital operating company, 

hedge fund, or private equity firm that owns more 

than 20 percent of the applicant is a direct or 

indirect subsidiary of a foreign-owned entity; or 

(II) in the aggregate, entities that are direct 

or indirect subsidiaries of foreign-owned entities 

own more than 49 percent of the applicant. 

(D) CRITERIA FOR DETERMINING AFFILIATION.—The 

Administrator shall establish criteria, in accordance with 

paragraph (1), for determining whether an applicant is 

affiliated with a venture capital operating company, hedge 

fund, private equity firm, or any other business that the 

venture capital operating company, hedge fund, or private 

equity firm has financed and, in establishing the criteria, 

shall specify that— 

(i) if a venture capital operating company, hedge 

fund, or private equity firm that is determined to be 

affiliated with an applicant is a minority investor in 

the applicant, the portfolio companies of the venture 

capital operating company, hedge fund, or private 

equity firm shall not be determined to be affiliated 

with the applicant, unless— 

(I) the venture capital operating company, 

hedge fund, or private equity firm owns a majority 

of the portfolio company; or 

(II) the venture capital operating company, 

hedge fund, or private equity firm holds a majority 

of the seats on the board of directors of the portfolio 

company; 

(ii) subject to clause (i), the Administrator retains 

the authority to determine whether a venture capital 

operating company, hedge fund, or private equity firm 

is affiliated with an applicant, including establishing 

other criteria; 

(iii) the Administrator may not determine that 

a portfolio company of a venture capital operating company, hedge fund, or private equity firm is affiliated 

with an applicant based solely on 1 or more shared 

investors; and 

(iv) subject to clauses (i), (ii), and (iii), the Administrator retains the authority to determine whether a 

portfolio company of a venture capital operating company, hedge fund, or private equity firm is affiliated 

with an applicant based on factors independent of 

whether there is a shared investor, such as whether 

there are contractual obligations between the portfolio 

company and the applicant. 

(4) ENFORCEMENT.—If the Administrator does not issue 

final or interim final regulations under this subsection on or 

before the date that is 1 year after the date of enactment 

of this Act, the Administrator may not carry out or establish 

any pilot program until the date on which the Administrator 

Time period. 


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125 STAT. 1832 PUBLIC LAW 112–81—DEC. 31, 2011 

issues the final or interim final regulations under this subsection. 

(5) DEFINITION.—In this subsection, the terms ‘‘venture 

capital operating company’’, ‘‘hedge fund’’, and ‘‘private equity 

firm’’ have the same meaning as in section 3 of the Small 

Business Act (15 U.S.C. 632), as amended by this section. 

(d) ASSISTANCE FOR DETERMINING AFFILIATES.— (1) CLEAR EXPLANATION REQUIRED.—Not later than 30 days 

after the date of enactment of this Act, the Administrator 

shall post on the Web site of the Administration (with a direct 

link displayed on the homepage of the Web site of the Administration or the SBIR and STTR Web sites of the Administration)— 

(A) a clear explanation of the SBIR and STTR affiliation rules under part 121 of title 13, Code of Federal 

Regulations; and 

(B) contact information for officers or employees of 

the Administration who— 

(i) upon request, shall review an issue relating 

to the rules described in subparagraph (A); and 

(ii) shall respond to a request under clause (i) 

not later than 20 business days after the date on 

which the request is received. 

(2) INCLUSION OF AFFILIATION RULES FOR CERTAIN SMALL

BUSINESS CONCERNS.—On and after the date on which the 

final regulations under subsection (c) are issued, the Administrator shall post on the Web site of the Administration information relating to the regulations, in accordance with paragraph 

(1). 

SEC. 5108. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE. 

Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) is 

amended by adding at the end the following: 

‘‘(4) PHASE III AWARDS.—To the greatest extent practicable, 

Federal agencies and Federal prime contractors shall issue 

Phase III awards relating to technology, including sole source 

awards, to the SBIR and STTR award recipients that developed 

the technology.’’. 

SEC. 5109. COLLABORATING WITH FEDERAL LABORATORIES AND 

RESEARCH AND DEVELOPMENT CENTERS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(ee) COLLABORATING WITH FEDERAL LABORATORIES AND

RESEARCH AND DEVELOPMENT CENTERS.— ‘‘(1) AUTHORIZATION.—Subject to the limitations under this 

section, the head of each participating Federal agency may 

make SBIR and STTR awards to any eligible small business 

concern that— 

‘‘(A) intends to enter into an agreement with a Federal 

laboratory or federally funded research and development 

center for portions of the activities to be performed under 

that award; or 

‘‘(B) has entered into a cooperative research and 

development agreement (as defined in section 12(d) of the 

Stevenson-Wydler Technology Innovation Act of 1980 (15 

U.S.C. 3710a(d))) with a Federal laboratory. 

‘‘(2) PROHIBITION.—No Federal agency shall— 

Review. 

Deadlines. 

Web postings. 

15 USC 638 note. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1833 

‘‘(A) condition an SBIR or STTR award upon entering 

into agreement with any Federal laboratory or any federally funded laboratory or research and development center 

for any portion of the activities to be performed under 

that award; 

‘‘(B) approve an agreement between a small business 

concern receiving an SBIR or STTR award and a Federal 

laboratory or federally funded laboratory or research and 

development center, if the small business concern performs 

a lesser portion of the activities to be performed under 

that award than required by this section and by the SBIR 

Policy Directive and the STTR Policy Directive of the 

Administrator; or 

‘‘(C) approve an agreement that violates any provision, 

including any data rights protections provision, of this section or the SBIR and the STTR Policy Directives. 

‘‘(3) IMPLEMENTATION.—Not later than 180 days after the 

date of enactment of this subsection, the Administrator shall 

modify the SBIR Policy Directive and the STTR Policy Directive 

issued under this section to ensure that small business concerns— 

‘‘(A) have the flexibility to use the resources of the 

Federal laboratories or federally funded research and 

development centers; and 

‘‘(B) are not mandated to enter into agreement with 

any Federal laboratory or any federally funded laboratory 

or research and development center as a condition of an 

award. 

‘‘(4) ADVANCE PAYMENT.—If a small business concern 

receiving an award under this section enters into an agreement 

with a Federal laboratory or federally funded research and 

development center for portions of the activities to be performed 

under that award, the Federal laboratory or federally funded 

research and development center may not require advance payment from the small business concern in an amount greater 

than the amount necessary to pay for 30 days of such activities.’’. 

SEC. 5110. NOTICE REQUIREMENT. 

(a) SBIR PROGRAM.—Section 9(g) of the Small Business Act 

(15 U.S.C. 638(g)) is amended— 

(1) in paragraph (10), by striking ‘‘and’’ at the end; 

(2) in paragraph (11), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(12) provide timely notice to the Administrator of any 

case or controversy before any Federal judicial or administrative 

tribunal concerning the SBIR program of the Federal agency.’’. 

(b) STTR PROGRAM.—Section 9(o) of the Small Business Act 

(15 U.S.C. 638(o)) is amended— 

(1) by striking paragraph (15); 

(2) in paragraph (16), by striking the period at the end 

and inserting ‘‘; and’’; 

(3) by redesignating paragraph (16) as paragraph (15); 

and 

(4) by adding at the end the following: 

Deadline. 


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125 STAT. 1834 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(16) provide timely notice to the Administrator of any 

case or controversy before any Federal judicial or administrative 

tribunal concerning the STTR program of the Federal agency.’’. 

SEC. 5111. ADDITIONAL SBIR AND STTR AWARDS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(ff) ADDITIONAL SBIR AND STTR AWARDS.— ‘‘(1) EXPRESS AUTHORITY FOR AWARDING A SEQUENTIAL

PHASE II AWARD.—A small business concern that receives a 

Phase II SBIR award or a Phase II STTR award for a project 

remains eligible to receive 1 additional Phase II SBIR award 

or Phase II STTR award for continued work on that project. 

‘‘(2) PREVENTING DUPLICATIVE AWARDS.—The head of a Federal agency shall verify that any activity to be performed with 

respect to a project with a Phase I or Phase II SBIR or STTR 

award has not been funded under the SBIR program or STTR 

program of another Federal agency.’’. 

Subtitle B—Outreach and 

Commercialization Initiatives 

SEC. 5121. TECHNICAL ASSISTANCE FOR AWARDEES. 

Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is 

amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘or STTR program’’ after ‘‘SBIR program’’; and 

(B) by striking ‘‘SBIR projects’’ and inserting ‘‘SBIR 

or STTR projects’’; 

(2) in paragraph (2), by striking ‘‘3 years’’ and inserting 

‘‘5 years’’; and 

(3) in paragraph (3)— 

(A) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) PHASE I.—A Federal agency described in paragraph (1) may— 

‘‘(i) provide to the recipient of a Phase I SBIR 

or STTR award, through a vendor selected under paragraph (2), the services described in paragraph (1), in 

an amount equal to not more than $5,000 per year; 

or 

‘‘(ii) authorize the recipient of a Phase I SBIR 

or STTR award to purchase the services described in 

paragraph (1), in an amount equal to not more than 

$5,000 per year, which shall be in addition to the 

amount of the recipient’s award.’’; 

(B) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) PHASE II.—A Federal agency described in paragraph (1) may— 

‘‘(i) provide to the recipient of a Phase II SBIR 

or STTR award, through a vendor selected under paragraph (2), the services described in paragraph (1), in 

an amount equal to not more than $5,000 per year; 

or 

Verification. 


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‘‘(ii) authorize the recipient of a Phase II SBIR 

or STTR award to purchase the services described in 

paragraph (1), in an amount equal to not more than 

$5,000 per year, which shall be in addition to the 

amount of the recipient’s award.’’; and 

(C) by adding at the end the following: 

‘‘(C) FLEXIBILITY.—In carrying out subparagraphs (A) 

and (B), each Federal agency shall provide the allowable 

amounts to a recipient that meets the eligibility requirements under the applicable subparagraph, if the recipient 

requests to seek technical assistance from an individual 

or entity other than the vendor selected under paragraph 

(2) by the Federal agency. 

‘‘(D) LIMITATION.—A Federal agency may not— 

‘‘(i) use the amounts authorized under subparagraph (A) or (B) unless the vendor selected under paragraph (2) provides the technical assistance to the 

recipient; or 

‘‘(ii) enter a contract with a vendor under paragraph (2) under which the amount provided for technical assistance is based on total number of Phase 

I or Phase II awards.’’. 

SEC. 5122. COMMERCIALIZATION READINESS PROGRAM AT DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Section 9(y) of the Small Business Act (15 

U.S.C. 638(y)) is amended— 

(1) in the subsection heading, by striking ‘‘PILOT’’ and 

inserting ‘‘READINESS’’; 

(2) by striking ‘‘Pilot’’ each place that term appears and 

inserting ‘‘Readiness’’; 

(3) in paragraph (1)— 

(A) by inserting ‘‘or Small Business Technology 

Transfer Program’’ after ‘‘Small Business Innovation 

Research Program’’; and 

(B) by adding at the end the following: ‘‘The authority 

to create and administer a Commercialization Readiness 

Program under this subsection may not be construed to 

eliminate or replace any other SBIR program or STTR 

program that enhances the insertion or transition of SBIR 

or STTR technologies, including any such program in effect 

on the date of enactment of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3136).’’; 

(4) in paragraph (2), by inserting ‘‘or Small Business Technology Transfer Program’’ after ‘‘Small Business Innovation 

Research Program’’; 

(5) by striking paragraph (5); 

(6) by striking paragraph (6); and 

(7) by inserting after paragraph (4) the following: 

‘‘(5) INSERTION INCENTIVES.—For any contract with a value of not less than $100,000,000, the Secretary of Defense is 

authorized to— 

‘‘(A) establish goals for the transition of Phase III 

technologies in subcontracting plans; and 

‘‘(B) require a prime contractor on such a contract 

to report the number and dollar amount of contracts 

Contracts. 


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125 STAT. 1836 PUBLIC LAW 112–81—DEC. 31, 2011 

entered into by that prime contractor for Phase III SBIR 

or STTR projects. 

‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY INSERTION.— 

The Secretary of Defense shall— 

‘‘(A) set a goal to increase the number of Phase II 

SBIR contracts and the number of Phase II STTR contracts 

awarded by the Secretary that lead to technology transition 

into programs of record or fielded systems; 

‘‘(B) use incentives in effect on the date of enactment 

of the SBIR/STTR Reauthorization Act of 2011, or create 

new incentives, to encourage agency program managers 

and prime contractors to meet the goal under subparagraph 

(A); and 

‘‘(C) submit to the Administrator for inclusion in the 

annual report under subsection (b)(7)— 

‘‘(i) the number and percentage of Phase II SBIR 

and STTR contracts awarded by the Secretary that 

led to technology transition into programs of record 

or fielded systems; 

‘‘(ii) information on the status of each project that 

received funding through the Commercialization Readiness Program and efforts to transition those projects 

into programs of record or fielded systems; and 

‘‘(iii) a description of each incentive that has been 

used by the Secretary under subparagraph (B) and 

the effectiveness of that incentive with respect to 

meeting the goal under subparagraph (A).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 9(i)(1) 

of the Small Business Act (15 U.S.C. 638(i)(1)) is amended by 

inserting ‘‘(including awards under subsection (y))’’ after ‘‘the 

number of awards’’. 

SEC. 5123. COMMERCIALIZATION READINESS PILOT PROGRAM FOR 

CIVILIAN AGENCIES. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(gg) PILOT PROGRAM.— 

‘‘(1) AUTHORIZATION.—The head of each covered Federal 

agency may allocate not more than 10 percent of the funds 

allocated to the SBIR program and the STTR program of the 

covered Federal agency— 

‘‘(A) for awards for technology development, testing, 

evaluation, and commercialization assistance for SBIR and 

STTR Phase II technologies; or 

‘‘(B) to support the progress of research, research and 

development, and commercialization conducted under the 

SBIR or STTR programs to Phase III. 

‘‘(2) APPLICATION BY FEDERAL AGENCY.— 

‘‘(A) IN GENERAL.—A covered Federal agency may not 

establish a pilot program unless the covered Federal agency 

makes a written application to the Administrator, not later 

than 90 days before the first day of the fiscal year in 

which the pilot program is to be established, that describes 

a compelling reason that additional investment in SBIR 

or STTR technologies is necessary, including unusually 

high regulatory, systems integration, or other costs relating 

to development or manufacturing of identifiable, highly 

Deadline. 

Submission. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1837 

promising small business technologies or a class of such 

technologies expected to substantially advance the mission 

of the agency. 

‘‘(B) DETERMINATION.—The Administrator shall— 

‘‘(i) make a determination regarding an application 

submitted under subparagraph (A) not later than 30 

days before the first day of the fiscal year for which 

the application is submitted; 

‘‘(ii) publish the determination in the Federal Register; and 

‘‘(iii) make a copy of the determination and any 

related materials available to the Committee on Small 

Business and Entrepreneurship of the Senate and the 

Committee on Small Business and the Committee on 

Science, Space, and Technology of the House of Representatives. 

‘‘(3) MAXIMUM AMOUNT OF AWARD.—The head of a covered 

Federal agency may not make an award under a pilot program 

in excess of 3 times the dollar amounts generally established 

for Phase II awards under subsection (j)(2)(D) or (p)(2)(B)(ix). 

‘‘(4) REGISTRATION.—Any applicant that receives an award 

under a pilot program shall register with the Administrator 

in a registry that is available to the public. 

‘‘(5) AWARD CRITERIA OR CONSIDERATION.—When making 

an award under this section, the head of a covered Federal 

agency shall give consideration to whether the technology to 

be supported by the award is likely to be manufactured in 

the United States. 

‘‘(6) REPORT.—The head of each covered Federal agency 

shall include in the annual report of the covered Federal agency 

to the Administrator an analysis of the various activities considered for inclusion in the pilot program of the covered Federal 

agency and a statement of the reasons why each activity considered was included or not included, as the case may be. 

‘‘(7) TERMINATION.—The authority to establish a pilot program under this section expires at the end of fiscal year 2017. 

‘‘(8) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘covered Federal agency’— 

‘‘(i) means a Federal agency participating in the 

SBIR program or the STTR program; and 

‘‘(ii) does not include the Department of Defense; 

and 

‘‘(B) the term ‘pilot program’ means each program 

established under paragraph (1).’’. 

SEC. 5124. INTERAGENCY POLICY COMMITTEE. 

(a) ESTABLISHMENT.—The Director of the Office of Science and 

Technology Policy shall establish an Interagency SBIR/STTR Policy 

Committee. 

(b) MEMBERSHIP.—The Interagency SBIR/STTR Policy Committee shall include representatives from Federal agencies with 

an SBIR or an STTR program and the Small Business Administration. 

(c) DUTIES.—The Interagency SBIR/STTR Policy Committee 

shall review the following issues and make policy recommendations 

on ways to improve program effectiveness and efficiency: 

Recommendations. 

Public 

information. 

Records. 

Federal Register, 

publication. 

Deadline. 


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125 STAT. 1838 PUBLIC LAW 112–81—DEC. 31, 2011 

(1) The public and Government databases described in 

section 9(k) of the Small Business Act (15 U.S.C. 638(k)). 

(2) Federal agency flexibility in establishing Phase I and 

II award sizes, including appropriate criteria for exercising 

such flexibility. 

(3) Commercialization assistance best practices of Federal 

agencies with significant potential to be employed by other 

agencies and the appropriate steps to achieve that leverage, 

as well as proposals for new initiatives to address funding 

gaps that business concerns face after Phase II but before 

commercialization. 

(4) Developing and incorporating a standard evaluation 

framework to enable systematic assessment of SBIR and STTR, 

including through improved tracking of awards and outcomes 

and development of performance measures for the SBIR program and STTR program of each Federal agency. 

(5) Outreach and technical assistance activities that 

increase the participation of small businesses underrepresented 

in the SBIR and STTR programs, including the identification 

and sharing of best practices and the leveraging of resources 

in support of such activities across agencies. 

(d) REPORTS.—The Interagency SBIR/STTR Policy Committee 

shall transmit to the Committee on Science, Space, and Technology 

and the Committee on Small Business of the House of Representatives and to the Committee on Small Business and Entrepreneurship of the Senate— 

(1) a report on its review and recommendations under 

subsection (c)(1) not later than 1 year after the date of enactment of this Act; 

(2) a report on its review and recommendations under 

subsection (c)(2) not later than 18 months after the date of 

enactment of this Act; 

(3) a report on its review and recommendations under 

subsection (c)(3) not later than 2 years after the date of enactment of this Act; 

(4) a report on its review and recommendations under 

subsection (c)(4) not later than 2 years after the date of enactment of this Act; and 

(5) a report on its review and recommendations under 

subsection (c)(5) not later than 2 years after the date of enactment of this Act. 

SEC. 5125. CLARIFYING THE DEFINITION OF ‘‘PHASE III’’. 

(a) PHASE III AWARDS.—Section 9(e) of the Small Business 

Act (15 U.S.C. 638(e)), as amended by this title, is further 

amended— 

(1) in paragraph (4)(C), in the matter preceding clause 

(i), by inserting ‘‘for work that derives from, extends, or completes efforts made under prior funding agreements under the 

SBIR program’’ after ‘‘phase’’; 

(2) in paragraph (6)(C), in the matter preceding clause 

(i), by inserting ‘‘for work that derives from, extends, or completes efforts made under prior funding agreements under the 

STTR program’’ after ‘‘phase’’; 

(3) in paragraph (8), by striking ‘‘and’’ at the end; 

(4) in paragraph (9), by striking the period at the end 

and inserting a semicolon; and 


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(5) by adding at the end the following: 

‘‘(10) the term ‘commercialization’ means— 

‘‘(A) the process of developing products, processes, technologies, or services; and 

‘‘(B) the production and delivery (whether by the originating party or by others) of products, processes, technologies, or services for sale to or use by the Federal 

Government or commercial markets;’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 9 of 

the Small Business Act (15 U.S.C. 638), as amended by this title, 

is further amended— 

(1) in subsection (e)— 

(A) in paragraph (4)(C)(ii), by striking ‘‘scientific review 

criteria’’ and inserting ‘‘merit-based selection procedures’’; 

(B) in paragraph (9), by striking ‘‘the second or the 

third phase’’ and inserting ‘‘Phase II or Phase III’’; and 

(C) by adding at the end the following: 

‘‘(11) the term ‘Phase I’ means— 

‘‘(A) with respect to the SBIR program, the first phase 

described in paragraph (4)(A); and 

‘‘(B) with respect to the STTR program, the first phase 

described in paragraph (6)(A); 

‘‘(12) the term ‘Phase II’ means— 

‘‘(A) with respect to the SBIR program, the second 

phase described in paragraph (4)(B); and 

‘‘(B) with respect to the STTR program, the second 

phase described in paragraph (6)(B); and 

‘‘(13) the term ‘Phase III’ means— 

‘‘(A) with respect to the SBIR program, the third phase 

described in paragraph (4)(C); and 

‘‘(B) with respect to the STTR program, the third phase 

described in paragraph (6)(C).’’; 

(2) in subsection (j)— 

(A) in paragraph (1)(B), by striking ‘‘phase two’’ and 

inserting ‘‘Phase II’’; 

(B) in paragraph (2)— 

(i) in subparagraph (B)— 

(I) by striking ‘‘the third phase’’ each place 

it appears and inserting ‘‘Phase III’’; and 

(II) by striking ‘‘the second phase’’ and 

inserting ‘‘Phase II’’; 

(ii) in subparagraph (D)— 

(I) by striking ‘‘the first phase’’ and inserting 

‘‘Phase I’’; and 

(II) by striking ‘‘the second phase’’ and 

inserting ‘‘Phase II’’; 

(iii) in subparagraph (F), by striking ‘‘the third 

phase’’ and inserting ‘‘Phase III’’; 

(iv) in subparagraph (G)— 

(I) by striking ‘‘the first phase’’ and inserting 

‘‘Phase I’’; and 

(II) by striking ‘‘the second phase’’ and 

inserting ‘‘Phase II’’; and 

(v) in subparagraph (H)— 

(I) by striking ‘‘the first phase’’ and inserting 

‘‘Phase I’’; 


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125 STAT. 1840 PUBLIC LAW 112–81—DEC. 31, 2011 

(II) by striking ‘‘second phase’’ each place it 

appears and inserting ‘‘Phase II’’; and 

(III) by striking ‘‘third phase’’ and inserting 

‘‘Phase III’’; and 

(C) in paragraph (3)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘the first phase (as described 

in subsection (e)(4)(A))’’ and inserting ‘‘Phase I’’; 

(II) by striking ‘‘the second phase (as described 

in subsection (e)(4)(B))’’ and inserting ‘‘Phase II’’; 

and 

(III) by striking ‘‘the third phase (as described 

in subsection (e)(4)(C))’’ and inserting ‘‘Phase III’’; 

and 

(ii) in subparagraph (B), by striking ‘‘second phase’’ 

and inserting ‘‘Phase II’’; 

(3) in subsection (k)— 

(A) by striking ‘‘first phase’’ each place it appears and 

inserting ‘‘Phase I’’; and 

(B) by striking ‘‘second phase’’ each place it appears 

and inserting ‘‘Phase II’’; 

(4) in subsection (l)(2)— 

(A) by striking ‘‘the first phase’’ and inserting ‘‘Phase 

I’’; and 

(B) by striking ‘‘the second phase’’ and inserting ‘‘Phase 

II’’; 

(5) in subsection (o)(13)— 

(A) in subparagraph (B), by striking ‘‘second phase’’ 

and inserting ‘‘Phase II’’; and 

(B) in subparagraph (C), by striking ‘‘third phase’’ and 

inserting ‘‘Phase III’’; 

(6) in subsection (p)— 

(A) in paragraph (2)(B)— 

(i) in clause (vi)— 

(I) by striking ‘‘the second phase’’ and inserting 

‘‘Phase II’’; and 

(II) by striking ‘‘the third phase’’ and inserting 

‘‘Phase III’’; and 

(ii) in clause (ix)— 

(I) by striking ‘‘the first phase’’ and inserting 

‘‘Phase I’’; and 

(II) by striking ‘‘the second phase’’ and 

inserting ‘‘Phase II’’; and 

(B) in paragraph (3)— 

(i) by striking ‘‘the first phase (as described in 

subsection (e)(6)(A))’’ and inserting ‘‘Phase I’’; 

(ii) by striking ‘‘the second phase (as described 

in subsection (e)(6)(B))’’ and inserting ‘‘Phase II’’; and 

(iii) by striking ‘‘the third phase (as described in 

subsection (e)(6)(C))’’ and inserting ‘‘Phase III’’; 

(7) in subsection (r)— 

(A) in the subsection heading, by striking ‘‘THIRD

PHASE’’ and inserting ‘‘PHASE III’’; 

(B) in paragraph (1)— 

(i) in the first sentence— 

(I) by striking ‘‘for the second phase’’ and 

inserting ‘‘for Phase II’’; 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1841 

(II) by striking ‘‘third phase’’ and inserting 

‘‘Phase III’’; and 

(III) by striking ‘‘second phase period’’ and 

inserting ‘‘Phase II period’’; and 

(ii) in the second sentence— 

(I) by striking ‘‘second phase’’ and inserting 

‘‘Phase II’’; and 

(II) by striking ‘‘third phase’’ and inserting 

‘‘Phase III’’; and 

(C) in paragraph (2), by striking ‘‘third phase’’ and 

inserting ‘‘Phase III’’; and 

(8) in subsection (u)(2)(B), by striking ‘‘the first phase’’ 

and inserting ‘‘Phase I’’. 

SEC. 5126. SHORTENED PERIOD FOR FINAL DECISIONS ON PROPOSALS 

AND APPLICATIONS. 

(a) IN GENERAL.—Section 9 of the Small Business Act (15 

U.S.C. 638), as amended by this title, is further amended— 

(1) in subsection (g)(4)— 

(A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(B) by adding ‘‘and’’ after the semicolon at the end; 

and 

(C) by adding at the end the following: 

‘‘(B) make a final decision on each proposal submitted 

under the SBIR program— 

‘‘(i) not later than 1 year after the date on which 

the applicable solicitation closes, if with respect to the 

National Institutes of Health or the National Science 

Foundation, or 90 days after the date on which the 

applicable solicitation closes, if with respect to any other 

participating agency; or 

‘‘(ii) if the Administrator authorizes an extension with 

respect to a solicitation, not later than 90 days after the 

date that would otherwise be applicable to the agency 

under clause (i);’’; and 

(2) in subsection (o)(4)— 

(A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(B) by adding ‘‘and’’ after the semicolon at the end; 

and 

(C) by adding at the end the following: 

‘‘(B) make a final decision on each proposal submitted 

under the STTR program— 

‘‘(i) not later than 1 year after the date on which 

the applicable solicitation closes, if with respect to the 

National Institutes of Health or the National Science 

Foundation, or 90 days after the date on which the 

applicable solicitation closes, if with respect to any other 

participating agency; or 

‘‘(ii) if the Administrator authorizes an extension for 

a solicitation, not later than 90 days after the date that 

would be applicable to the agency under clause (i);’’. 

(b) OTHER TIMING PROVISIONS.—Section 9 of the Small Business 

Act (15 U.S.C. 638), as amended by this title, is further amended 

by adding at the end the following: 

‘‘(hh) TIMING OF RELEASE OF FUNDING.—Federal agencies 

participating in the SBIR program or STTR program shall, to 

the extent possible, attempt to shorten the amount of time between 

Deadlines. 


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125 STAT. 1842 PUBLIC LAW 112–81—DEC. 31, 2011 

the provision of notice of an award under the SBIR program or 

STTR program and the subsequent release of funding with respect 

to the award. 

‘‘(ii) REPORTING ON TIMING.—Federal agencies participating in 

the SBIR program or STTR program shall provide to the Administrator, for the annual report on the SBIR and STTR program 

under subsection (b)(7), the average amount of time the agency 

takes to make a final decision on proposals submitted under such 

programs, the average amount of time the agency takes to release 

funding with respect to an award under such programs, and the 

goals established to reduce such amounts.’’. 

SEC. 5127. PHASE 0 PROOF OF CONCEPT PARTNERSHIP PILOT PROGRAM. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(jj) PHASE 0 PROOF OF CONCEPT PARTNERSHIP PILOT PROGRAM.— 

‘‘(1) IN GENERAL.—The Director of the National Institutes 

of Health may use $5,000,000 of the funds allocated under 

subsection (n)(1) for a Proof of Concept Partnership pilot program to accelerate the creation of small businesses and the 

commercialization of research innovations from qualifying 

institutions. To implement this program, the Director shall 

award, through a competitive, merit-based process, grants to 

qualifying institutions. These grants shall only be used to 

administer Proof of Concept Partnership awards in conformity 

with this subsection. 

‘‘(2) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘Director’ means the Director of the 

National Institutes of Health; 

‘‘(B) the term ‘pilot program’ refers to the Proof of 

Concept Partnership pilot program; and 

‘‘(C) the terms ‘qualifying institution’ and ‘institution’ 

mean a university or other research institution that participates in the National Institutes of Health’s STTR program. 

‘‘(3) PROOF OF CONCEPT PARTNERSHIPS.— 

‘‘(A) IN GENERAL.—A Proof of Concept Partnership shall 

be set up by a qualifying institution to award grants to 

individual researchers. These grants should provide 

researchers with the initial investment and the resources 

to support the proof of concept work and commercialization 

mentoring needed to translate promising research projects 

and technologies into a viable company. This work may 

include technical validations, market research, clarifying 

intellectual property rights position and strategy, and 

investigating commercial or business opportunities. 

‘‘(B) AWARD GUIDELINES.—The administrator of a Proof 

of Concept Partnership program shall award grants in 

accordance with the following guidelines: 

‘‘(i) The Proof of Concept Partnership shall use 

a market-focused project management oversight 

process, including— 

‘‘(I) a rigorous, diverse review board comprised 

of local experts in translational and proof of concept research, including industry, start-up, venture 

Grants. 


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capital, technical, financial, and business experts 

and university technology transfer officials; 

‘‘(II) technology validation milestones focused 

on market feasibility; 

‘‘(III) simple reporting effective at redirecting 

projects; and 

‘‘(IV) the willingness to reallocate funding from 

failing projects to those with more potential. 

‘‘(ii) Not more than $100,000 shall be awarded 

towards an individual proposal. 

‘‘(C) EDUCATIONAL RESOURCES AND GUIDANCE.—The 

administrator of a Proof of Concept Partnership program 

shall make educational resources and guidance available 

to researchers attempting to commercialize their innovations. 

‘‘(4) AWARDS.— 

‘‘(A) SIZE OF AWARD.—The Director may make awards 

to a qualifying institution for up to $1,000,000 per year 

for up to 3 years. 

‘‘(B) AWARD CRITERIA.—In determining which qualifying institutions receive pilot program grants, the Director 

shall consider, in addition to any other criteria the Director 

determines necessary, the extent to which qualifying 

institutions— 

‘‘(i) have an established and proven technology 

transfer or commercialization office and have a plan 

for engaging that office in the program’s implementation; 

‘‘(ii) have demonstrated a commitment to local and 

regional economic development; 

‘‘(iii) are located in diverse geographies and are 

of diverse sizes; 

‘‘(iv) can assemble project management boards 

comprised of industry, start-up, venture capital, technical, financial, and business experts; 

‘‘(v) have an intellectual property rights strategy 

or office; and 

‘‘(vi) demonstrate a plan for sustainability beyond 

the duration of the funding award. 

‘‘(5) LIMITATIONS.—The funds for the pilot program shall 

not be used— 

‘‘(A) for basic research, but to evaluate the commercial 

potential of existing discoveries, including— 

‘‘(i) proof of concept research or prototype development; and 

‘‘(ii) activities that contribute to determining a 

project’s commercialization path, to include technical 

validations, market research, clarifying intellectual 

property rights, and investigating commercial and business opportunities; or 

‘‘(B) to fund the acquisition of research equipment or 

supplies unrelated to commercialization activities. 

‘‘(6) EVALUATIVE REPORT.—The Director shall submit to 

the Committee on Science, Space, and Technology and the 

Committee on Small Business of the House of Representatives 

and the Committee on Small Business and Entrepreneurship 


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125 STAT. 1844 PUBLIC LAW 112–81—DEC. 31, 2011 

of the Senate an evaluative report regarding the activities 

of the pilot program. The report shall include— 

‘‘(A) a detailed description of the institutional and proposal selection process; 

‘‘(B) an accounting of the funds used in the pilot program; 

‘‘(C) a detailed description of the pilot program, 

including incentives and activities undertaken by review 

board experts; 

‘‘(D) a detailed compilation of results achieved by the 

pilot program, including the number of small business concerns included and the number of business packages developed, and the number of projects that progressed into subsequent STTR phases; and 

‘‘(E) an analysis of the program’s effectiveness with 

supporting data. 

‘‘(7) SUNSET.—The pilot program under this subsection 

shall terminate at the end of fiscal year 2017.’’. 

Subtitle C—Oversight and Evaluation 

SEC. 5131. STREAMLINING ANNUAL EVALUATION REQUIREMENTS. 

Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is 

amended— 

(1) in paragraph (7)— 

(A) by striking ‘‘STTR programs, including the data’’ 

and inserting the following: ‘‘STTR programs, including— 

‘‘(A) the data’’; 

(B) by striking ‘‘(g)(10), (o)(9), and (o)(15), the number’’ 

and all that follows through ‘‘under each of the SBIR and 

STTR programs, and a description’’ and inserting the following: ‘‘(g)(8) and (o)(9); 

‘‘(B) the number of proposals received from, and the 

number and total amount of awards to, HUBZone small 

business concerns and firms with venture capital, hedge 

fund, or private equity firm investment (including those 

majority-owned by multiple venture capital operating 

companies, hedge funds, or private equity firms) under 

each of the SBIR and STTR programs; 

‘‘(C) a description of the extent to which each Federal 

agency is increasing outreach and awards to firms owned 

and controlled by women or by socially or economically 

disadvantaged individuals under each of the SBIR and 

STTR programs; 

‘‘(D) general information about the implementation of, 

and compliance with the allocation of funds required under, 

subsection (dd) for firms owned in majority part by venture 

capital operating companies, hedge funds, or private equity 

firms and participating in the SBIR program; 

‘‘(E) a detailed description of appeals of Phase III 

awards and notices of noncompliance with the SBIR Policy 

Directive and the STTR Policy Directive filed by the 

Administrator with Federal agencies; 

‘‘(F) an accounting of funds, initiatives, and outcomes 

under the Commercialization Readiness Program; and 

‘‘(G) a description’’; and 


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(C) by striking ‘‘and’’ at the end; 

(2) in paragraph (8), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by inserting after paragraph (8) the following: 

‘‘(9) to coordinate the implementation of electronic databases at each of the Federal agencies participating in the SBIR 

program or the STTR program, including the technical ability 

of the participating agencies to electronically share data.’’. 

SEC. 5132. DATA COLLECTION FROM AGENCIES FOR SBIR. 

Section 9(g) of the Small Business Act (15 U.S.C. 638(g)), as 

amended by this title, is further amended— 

(1) by striking paragraph (10); 

(2) by redesignating paragraphs (8) and (9) as paragraphs 

(9) and (10), respectively; and 

(3) by inserting after paragraph (7) the following: 

‘‘(8) collect annually, and maintain in a common format 

in accordance with the simplified reporting requirements under 

subsection (v), such information from awardees as is necessary 

to assess the SBIR program, including information necessary 

to maintain the database described in subsection (k), 

including— 

‘‘(A) whether an awardee— 

‘‘(i) has venture capital, hedge fund, or private 

equity firm investment or is majority-owned by multiple venture capital operating companies, hedge funds, 

or private equity firms and, if so— 

‘‘(I) the amount of venture capital, hedge fund, 

or private equity firm investment that the awardee 

has received as of the date of the award; and 

‘‘(II) the amount of additional capital that the 

awardee has invested in the SBIR technology; 

‘‘(ii) has an investor that— 

‘‘(I) is an individual who is not a citizen of 

the United States or a lawful permanent resident 

of the United States and, if so, the name of any 

such individual; or 

‘‘(II) is a person that is not an individual and 

is not organized under the laws of a State or 

the United States and, if so, the name of any 

such person; 

‘‘(iii) is owned by a woman or has a woman as 

a principal investigator; 

‘‘(iv) is owned by a socially or economically disadvantaged individual or has a socially or economically 

disadvantaged individual as a principal investigator; 

‘‘(v) is a faculty member or a student of an institution of higher education, as that term is defined in 

section 101 of the Higher Education Act of 1965 (20 

U.S.C. 1001); or 

‘‘(vi) is located in a State described in subsection 

(u)(3); 

‘‘(B) a justification statement from the agency, if an 

awardee receives an award in an amount that is more 

than the award guidelines under this section; and 

‘‘(C) data with respect to the Federal and State Technology Partnership Program (FAST Program);’’. 

Deadline. 


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125 STAT. 1846 PUBLIC LAW 112–81—DEC. 31, 2011 

SEC. 5133. DATA COLLECTION FROM AGENCIES FOR STTR. 

Section 9(o) of the Small Business Act (15 U.S.C. 638(o)), as 

amended by this title, is further amended by striking paragraph 

(9) and inserting the following: 

‘‘(9) collect annually, and maintain in a common format 

in accordance with the simplified reporting requirements under 

subsection (v), such information from applicants and awardees 

as is necessary to assess the STTR program outputs and outcomes, including information necessary to maintain the database described in subsection (k), including— 

‘‘(A) whether an applicant or awardee— 

‘‘(i) has venture capital, hedge fund, or private 

equity firm investment or is majority-owned by multiple venture capital operating companies, hedge funds, 

or private equity firms and, if so— 

‘‘(I) the amount of venture capital, hedge fund, 

or private equity firm investment that the 

applicant or awardee has received as of the date 

of the application or award, as applicable; and 

‘‘(II) the amount of additional capital that the 

applicant or awardee has invested in the STTR 

technology; 

‘‘(ii) has an investor that— 

‘‘(I) is an individual who is not a citizen of 

the United States or a lawful permanent resident 

of the United States and, if so, the name of any 

such individual; or 

‘‘(II) is a person that is not an individual and 

is not organized under the laws of a State or 

the United States and, if so, the name of any 

such person; 

‘‘(iii) is owned by a woman or has a woman as 

a principal investigator; 

‘‘(iv) is owned by a socially or economically disadvantaged individual or has a socially or economically 

disadvantaged individual as a principal investigator; 

‘‘(v) is a faculty member or a student of an institution of higher education, as that term is defined in 

section 101 of the Higher Education Act of 1965 (20 

U.S.C. 1001); or 

‘‘(vi) is located in a State in which the total value 

of contracts awarded to small business concerns under 

all STTR programs is less than the total value of 

contracts awarded to small business concerns in a 

majority of other States, as determined by the Administrator in biennial fiscal years, beginning with fiscal 

year 2008, based on the most recent statistics compiled 

by the Administrator; 

‘‘(B) if an awardee receives an award in an amount 

that is more than the award guidelines under this section, 

a statement from the agency that justifies the award 

amount; and 

‘‘(C) data with respect to the Federal and State Technology Partnership Program (FAST Program);’’. 

Deadline. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1847 

SEC. 5134. PUBLIC DATABASE. 

Section 9(k)(1) of the Small Business Act (15 U.S.C. 638(k)(1)) 

is amended— 

(1) in subparagraph (D), by striking ‘‘and’’ at the end; 

(2) in subparagraph (E), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(F) for each small business concern that has received 

a Phase I or Phase II SBIR or STTR award from a Federal 

agency, whether the small business concern— 

‘‘(i) has venture capital, hedge fund, or private 

equity firm investment and, if so, whether the small 

business concern is registered as majority-owned by 

multiple venture capital operating companies, hedge 

funds, or private equity firms as required under subsection (dd)(3); 

‘‘(ii) is owned by a woman or has a woman as 

a principal investigator; 

‘‘(iii) is owned by a socially or economically disadvantaged individual or has a socially or economically 

disadvantaged individual as a principal investigator; 

‘‘(iv) is owned by a faculty member or a student 

of an institution of higher education, as that term 

is defined in section 101 of the Higher Education Act 

of 1965 (20 U.S.C. 1001); or 

‘‘(v) received assistance under the Federal and 

State Technology Partnership Program (FAST Program).’’. 

SEC. 5135. GOVERNMENT DATABASE. 

Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is 

amended— 

(1) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘Not later’’ and all that follows through ‘‘Act of 

2000’’ and inserting ‘‘Not later than 90 days after the 

date of enactment of the SBIR/STTR Reauthorization Act 

of 2011’’; 

(B) by striking subparagraph (C); 

(C) by redesignating subparagraphs (A) and (B) as 

subparagraphs (B) and (C), respectively; 

(D) by inserting before subparagraph (B), as so redesignated, the following: 

‘‘(A) contains for each small business concern that 

applies for, submits a proposal for, or receives an award 

under Phase I or Phase II of the SBIR program or the 

STTR program— 

‘‘(i) the name, size, and location of, and the identifying number assigned by the Administration to, the 

small business concern; 

‘‘(ii) an abstract of the applicable project; 

‘‘(iii) the specific aims of the project; 

‘‘(iv) the number of employees of the small business 

concern; 

‘‘(v) the names and titles of the key individuals 

that will carry out the project, the position each key 

Deadline. 


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125 STAT. 1848 PUBLIC LAW 112–81—DEC. 31, 2011 

individual holds in the small business concern, and 

contact information for each key individual; 

‘‘(vi) the percentage of effort each individual 

described in clause (v) will contribute to the project; 

‘‘(vii) whether the small business concern is 

majority-owned by multiple venture capital operating 

companies, hedge funds, or private equity firms; and 

‘‘(viii) the Federal agency to which the application 

is made and contact information for the person or 

office within the Federal agency that is responsible 

for reviewing applications and making awards under 

the SBIR program or the STTR program;’’; 

(E) by redesignating subparagraphs (D) and (E) as 

subparagraphs (E) and (F), respectively; 

(F) by inserting after subparagraph (C), as so redesignated, the following: 

‘‘(D) includes, for each awardee— 

‘‘(i) the name, size, and location of, and any identifying number assigned by the Administrator to, the 

awardee; 

‘‘(ii) whether the awardee has venture capital, 

hedge fund, or private equity firm investment and, 

if so— 

‘‘(I) the amount of venture capital, hedge fund, 

or private equity firm investment as of the date 

of the award; 

‘‘(II) the percentage of ownership of the 

awardee held by a venture capital operating company, hedge fund, or private equity firm, including 

whether the awardee is majority-owned by multiple venture capital operating companies, hedge 

funds, or private equity firms; and 

‘‘(III) the amount of additional capital that 

the awardee has invested in the SBIR or STTR 

technology, which information shall be collected 

on an annual basis; 

‘‘(iii) the names and locations of any affiliates of 

the awardee; 

‘‘(iv) the number of employees of the awardee; 

‘‘(v) the number of employees of the affiliates of 

the awardee; and 

‘‘(vi) the names of, and the percentage of ownership 

of the awardee held by— 

‘‘(I) any individual who is not a citizen of the 

United States or a lawful permanent resident of 

the United States; or 

‘‘(II) any person that is not an individual and 

is not organized under the laws of a State or 

the United States;’’; 

(G) in subparagraph (E), as so redesignated, by striking 

‘‘and’’ at the end; 

(H) in subparagraph (F), as so redesignated, by striking 

the period at the end and inserting ‘‘; and’’; and 

(I) by adding at the end the following: 

‘‘(G) includes a timely and accurate list of any individual or small business concern that has participated in 

the SBIR program or STTR program that has been— 


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‘‘(i) convicted of a fraud-related crime involving 

funding received under the SBIR program or STTR 

program; or 

‘‘(ii) found civilly liable for a fraud-related violation 

involving funding received under the SBIR program 

or STTR program.’’; and 

(2) in paragraph (3), by adding at the end the following: 

‘‘(C) GOVERNMENT DATABASE.—Not later than 60 days 

after the date established by a Federal agency for submitting applications or proposals for a Phase I or Phase II 

award under the SBIR program or STTR program, the 

head of the Federal agency shall submit to the Administrator the data required under paragraph (2) with respect 

to each small business concern that applies or submits 

a proposal for the Phase I or Phase II award.’’. 

SEC. 5136. ACCURACY IN FUNDING BASE CALCULATIONS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and every year thereafter until the date that 

is 5 years after the date of enactment of this Act, the Comptroller 

General of the United States shall— 

(1) conduct a fiscal and management audit of the SBIR 

program and the STTR program for the applicable period to— 

(A) determine whether Federal agencies comply with 

the expenditure amount requirements under subsections 

(f)(1) and (n)(1) of section 9 of the Small Business Act 

(15 U.S.C. 638), as amended by this title; 

(B) assess the extent of compliance with the requirements of section 9(i)(2) of the Small Business Act (15 U.S.C. 

638(i)(2)) by Federal agencies participating in the SBIR 

program or the STTR program and the Administration; 

(C) assess whether it would be more consistent and 

effective to base the amount of the allocations under the 

SBIR program and the STTR program on a percentage 

of the research and development budget of a Federal 

agency, rather than the extramural budget of the Federal 

agency; and 

(D) determine the portion of the extramural research 

or research and development budget of a Federal agency 

that each Federal agency spends for administrative purposes relating to the SBIR program or STTR program, 

and for what specific purposes it is used, including the 

portion, if any, of such budget the Federal agency spends 

for salaries and expenses, travel to visit applicants, outreach events, marketing, and technical assistance; and 

(2) submit a report to the Committee on Small Business 

and Entrepreneurship of the Senate and the Committee on 

Small Business and the Committee on Science, Space, and 

Technology of the House of Representatives regarding the audit 

conducted under paragraph (1), including the assessments 

required under subparagraph (B) and the determinations made 

under subparagraph (D) of paragraph (1). 

(b) DEFINITION OF APPLICABLE PERIOD.—In this section, the 

term ‘‘applicable period’’ means— 

(1) for the first report submitted under this section, the 

period beginning on October 1, 2005, and ending on September 

Reports. 

Audit. 

Determinations. 

Assessments. 

Deadline. 

15 USC 638 note. 

Deadline. 


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125 STAT. 1850 PUBLIC LAW 112–81—DEC. 31, 2011 

30 of the last full fiscal year before the date of enactment 

of this Act for which information is available; and 

(2) for the second and each subsequent report submitted 

under this section, the period— 

(A) beginning on October 1 of the first fiscal year 

after the end of the most recent full fiscal year relating 

to which a report under this section was submitted; and 

(B) ending on September 30 of the last full fiscal year 

before the date of the report. 

SEC. 5137. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF 

SCIENCES. 

Section 108 of the Small Business Reauthorization Act of 2000 

(15 U.S.C. 638 note) is amended by adding at the end the following: 

‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AUTHORITY.— 

‘‘(1) IN GENERAL.—Not later than 6 months after the date 

of enactment of the SBIR/STTR Reauthorization Act of 2011, 

the head of each agency described in subsection (a), in consultation with the Small Business Administration, shall cooperatively enter into an agreement with the National Academy 

of Sciences for the National Research Council to, not later 

than 4 years after the date of enactment of the SBIR/STTR 

Reauthorization Act of 2011, and every 4 years thereafter— 

‘‘(A) continue the most recent study under this section 

relating to the issues described in subparagraphs (A), (B), 

(C), and (E) of subsection (a)(1); 

‘‘(B) conduct a comprehensive study of how the STTR 

program has stimulated technological innovation and technology transfer, including— 

‘‘(i) a review of the collaborations created between 

small businesses and research institutions, including 

an evaluation of the effectiveness of the program in 

stimulating new collaborations and any obstacles that 

may prevent or inhibit the creation of such collaborations; 

‘‘(ii) an evaluation of the effectiveness of the program at transferring technology and capabilities developed through Federal funding; 

‘‘(iii) to the extent practicable, an evaluation of 

the economic benefits achieved by the STTR program, 

including the economic rate of return; 

‘‘(iv) an analysis of how Federal agencies are using 

small businesses that have completed Phase II under 

the STTR program to fulfill their procurement needs; 

‘‘(v) an analysis of whether additional funds could 

be employed effectively by the STTR program; and 

‘‘(vi) an assessment of the systems and minimum 

performance standards relating to commercialization 

success established under section 9(qq) of the Small 

Business Act; 

‘‘(C) make recommendations with respect to the issues 

described in subparagraphs (A), (D), and (E) of subsection 

(a)(2) and subparagraph (B) of this paragraph; and 

‘‘(D) estimate, to the extent practicable, the number 

of jobs created by the SBIR program or STTR program 

of the agency. 

Recommendations. 

Assessment. 

Analysis. 

Review. 

Deadline. 

Contracts. 

Study. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1851 

‘‘(2) CONSULTATION.—An agreement under paragraph (1) 

shall require the National Research Council to ensure that 

there is participation by and consultation with the small business community, the Administration, and other interested parties as described in subsection (b). 

‘‘(3) REPORTING.—An agreement under paragraph (1) shall 

require that not later than 4 years after the date of enactment 

of the SBIR/STTR Reauthorization Act of 2011, and every 4 

years thereafter, the National Research Council shall submit 

to the head of the agency entering into the agreement, the 

Committee on Small Business and Entrepreneurship of the 

Senate, and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, a report regarding the study conducted under 

paragraph (1) and containing the recommendations described 

in paragraph (1).’’. 

SEC. 5138. TECHNOLOGY INSERTION REPORTING REQUIREMENTS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(kk) PHASE III REPORTING.—The annual SBIR or STTR report 

to Congress by the Administration under subsection (b)(7) shall 

include, for each Phase III award— 

‘‘(1) the name of the agency or component of the agency 

or the non-Federal source of capital making the Phase III 

award; 

‘‘(2) the name of the small business concern or individual 

receiving the Phase III award; and 

‘‘(3) the dollar amount of the Phase III award.’’. 

SEC. 5139. INTELLECTUAL PROPERTY PROTECTIONS. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study of the SBIR program to assess whether— 

(1) Federal agencies comply with the data rights protections 

for SBIR awardees and the technologies of SBIR awardees 

under section 9 of the Small Business Act (15 U.S.C. 638); 

(2) the laws and policy directives intended to clarify the 

scope of data rights, including in prototypes, mentor-protege 

relationships, and agreements with Federal laboratories, are 

sufficient to protect SBIR awardees; and 

(3) there is an effective grievance tracking process for SBIR 

awardees who have grievances against a Federal agency 

regarding data rights and a process for resolving those grievances. 

(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the 

Committee on Small Business and Entrepreneurship of the Senate 

and the Committee on Small Business and the Committee on 

Science, Space, and Technology of the House of Representatives 

a report regarding the study conducted under subsection (a). 

SEC. 5140. OBTAINING CONSENT FROM SBIR AND STTR APPLICANTS 

TO RELEASE CONTACT INFORMATION TO ECONOMIC 

DEVELOPMENT ORGANIZATIONS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(ll) CONSENT TO RELEASE CONTACT INFORMATION TO

ORGANIZATIONS.— 


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125 STAT. 1852 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(1) ENABLING CONCERN TO GIVE CONSENT.—Each Federal 

agency required by this section to conduct an SBIR program 

or an STTR program shall enable a small business concern 

that is an SBIR applicant or an STTR applicant to indicate 

to the Federal agency whether the Federal agency has the 

consent of the concern to— 

‘‘(A) identify the concern to appropriate local and Statelevel economic development organizations as an SBIR 

applicant or an STTR applicant; and 

‘‘(B) release the contact information of the concern 

to such organizations. 

‘‘(2) RULES.—The Administrator shall establish rules to 

implement this subsection. The rules shall include a requirement that a Federal agency include in the SBIR and STTR 

application a provision through which the applicant can indicate 

consent for purposes of paragraph (1).’’. 

SEC. 5141. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING COSTS. 

(a) IN GENERAL.—Section 9 of the Small Business Act (15 

U.S.C. 638), as amended by this title, is further amended by adding 

at the end the following: 

‘‘(mm) ASSISTANCE FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING COSTS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (3), for the 3 fiscal 

years beginning after the date of enactment of this subsection, 

the Administrator shall allow each Federal agency required 

to conduct an SBIR program to use not more than 3 percent 

of the funds allocated to the SBIR program of the Federal 

agency for— 

‘‘(A) the administration of the SBIR program or the 

STTR program of the Federal agency; 

‘‘(B) the provision of outreach and technical assistance 

relating to the SBIR program or STTR program of the 

Federal agency, including technical assistance site visits, 

personnel interviews, and national conferences; 

‘‘(C) the implementation of commercialization and outreach initiatives that were not in effect on the date of 

enactment of this subsection; 

‘‘(D) carrying out the program under subsection (y); 

‘‘(E) activities relating to oversight and congressional 

reporting, including waste, fraud, and abuse prevention 

activities; 

‘‘(F) targeted reviews of recipients of awards under 

the SBIR program or STTR program of the Federal agency 

that the head of the Federal agency determines are at 

high risk for fraud, waste, or abuse to ensure compliance 

with requirements of the SBIR program or STTR program, 

respectively; 

‘‘(G) the implementation of oversight and quality control measures, including verification of reports and invoices 

and cost reviews; 

‘‘(H) carrying out subsection (dd); 

‘‘(I) contract processing costs relating to the SBIR program or STTR program of the Federal agency; and 

‘‘(J) funding for additional personnel and assistance 

with application reviews. 

Effective date. 


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‘‘(2) OUTREACH AND TECHNICAL ASSISTANCE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a Federal agency participating in the program under 

this subsection shall use a portion of the funds authorized 

for uses under paragraph (1) to carry out the policy directive required under subsection (j)(2)(F) and to increase 

the participation of States with respect to which a low 

level of SBIR awards have historically been awarded. 

‘‘(B) WAIVER.—A Federal agency may request the 

Administrator to waive the requirement contained in 

subparagraph (A). Such request shall include an explanation of why the waiver is necessary. The Administrator 

may grant the waiver based on a determination that the 

agency has demonstrated a sufficient need for the waiver, 

that the outreach objectives of the agency are being met, 

and that there is increased participation by States with 

respect to which a low level of SBIR awards have historically been awarded. 

‘‘(3) PERFORMANCE CRITERIA.—A Federal agency may not 

use funds as authorized under paragraph (1) until after the 

effective date of performance criteria, which the Administrator 

shall establish, to measure any benefits of using funds as 

authorized under paragraph (1) and to assess continuation 

of the authority under paragraph (1). 

‘‘(4) RULES.—Not later than 180 days after the date of 

enactment of this subsection, the Administrator shall issue 

rules to carry out this subsection. 

‘‘(5) COORDINATION WITH IG.—Each Federal agency shall 

coordinate the activities funded under subparagraph (E), (F), 

or (G) of paragraph (1) with their respective Inspectors General, 

when appropriate, and each Federal agency that allocates more 

than $50,000,000 to the SBIR program of the Federal agency 

for a fiscal year may share such funding with its Inspector 

General when the Inspector General performs such activities. 

‘‘(6) REPORTING.—The Administrator shall collect data and 

provide to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business, 

the Committee on Science, Space, and Technology, and the 

Committee on Appropriations of the House of Representatives 

a report on the use of funds under this subsection, including 

funds used to achieve the objectives of paragraph (2)(A) and 

any use of the waiver authority under paragraph (2)(B).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—Section 9 of the Small Business Act (15 

U.S.C. 638), as amended by this title, is further amended— 

(A) in subsection (f)(2), by striking ‘‘shall not’’ and 

all that follows through ‘‘make available for the purpose’’ 

and inserting ‘‘shall not make available for the purpose’’; 

and 

(B) in subsection (y)— 

(i) by striking paragraph (4); and 

(ii) by redesignating paragraphs (5) and (6) as 

paragraphs (4) and (5), respectively. 

(2) TRANSITIONAL RULE.—Notwithstanding the amendments made by paragraph (1), subsections (f)(2) and (y)(4) of 

section 9 of the Small Business Act (15 U.S.C. 638), as in 

effect on the day before the date of enactment of this Act, 

Applicability. 

Deadline. 

Determination. 


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125 STAT. 1854 PUBLIC LAW 112–81—DEC. 31, 2011 

shall continue to apply to each Federal agency until the effective 

date of the performance criteria established by the Administrator under subsection (mm)(3) of section 9 of the Small Business Act, as added by subsection (a). 

(3) PROSPECTIVE REPEAL.—Effective on the first day of the 

fourth full fiscal year following the date of enactment of this 

Act, section 9 of the Small Business Act (15 U.S.C. 638), as 

amended by paragraph (1) of this section, is amended— 

(A) in subsection (f)(2), by striking ‘‘shall not make 

available for the purpose’’ and inserting the following: 

‘‘shall not— 

‘‘(A) use any of its SBIR budget established pursuant 

to paragraph (1) for the purpose of funding administrative 

costs of the program, including costs associated with salaries and expenses; or 

‘‘(B) make available for the purpose’’; and 

(B) in subsection (y)— 

(i) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and 

(ii) by inserting after paragraph (3) the following: 

‘‘(4) FUNDING.— 

‘‘(A) IN GENERAL.—The Secretary of Defense and each 

Secretary of a military department may use not more than 

an amount equal to 1 percent of the funds available to 

the Department of Defense or the military department 

pursuant to the Small Business Innovation Research Program for payment of expenses incurred to administer the 

Commercialization Readiness Program under this subsection. 

‘‘(B) LIMITATIONS.—The funds described in subparagraph (A)— 

‘‘(i) shall not be subject to the limitations on the 

use of funds in subsection (f)(2); and 

‘‘(ii) shall not be used to make Phase III awards.’’. 

SEC. 5142. GAO STUDY WITH RESPECT TO VENTURE CAPITAL OPERATING COMPANY, HEDGE FUND, AND PRIVATE EQUITY 

FIRM INVOLVEMENT. 

Not later than 3 years after the date of enactment of this 

Act, and every 3 years thereafter, the Comptroller General of the 

United States shall— 

(1) conduct a study of the impact of requirements relating 

to venture capital operating company, hedge fund, and private 

equity firm involvement under section 9 of the Small Business 

Act; and 

(2) submit to Congress a report regarding the study conducted under paragraph (1). 

SEC. 5143. REDUCING VULNERABILITY OF SBIR AND STTR PROGRAMS 

TO FRAUD, WASTE, AND ABUSE. 

(a) FRAUD, WASTE, AND ABUSE PREVENTION.— (1)AMENDMENTS REQUIRED FOR FRAUD, WASTE, AND ABUSE

PREVENTION.—Not later than 90 days after the date of enactment of this Act, the Administrator shall amend the SBIR 

Policy Directive and the STTR Policy Directive to include measures to prevent fraud, waste, and abuse in the SBIR program 

and the STTR program. 

Deadline. 

15 USC 638b. 

Reports. 

Deadlines. 

15 USC 638a. 

Effective date. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1855 

(2) CONTENT OF AMENDMENTS.—The amendments required 

under paragraph (1) shall include— 

(A) definitions or descriptions of fraud, waste, and 

abuse; 

(B) guidelines for the monitoring and oversight of 

applicants to and recipients of awards under the SBIR 

program or the STTR program; 

(C) a requirement that each Federal agency that 

participates in the SBIR program or STTR program include 

information concerning the method established by the 

Inspector General of the Federal agency to report fraud, 

waste, and abuse (including any telephone hotline or Webbased platform)— 

(i) on the Web site of the Federal agency; and 

(ii) in any solicitation or notice of funding opportunity issued by the Federal agency for the SBIR program or the STTR program; and 

(D) a requirement that each applicant for and small 

business concern that receives funding under the SBIR 

program or the STTR program shall certify whether the 

applicant or small business concern is in compliance with 

the laws relating to the SBIR program and the STTR 

program and the conduct guidelines established under the 

SBIR Policy Directive and the STTR Policy Directive. 

(3) CONSULTATION.—The Administrator shall develop, in 

consultation with the Council of Inspectors General on Integrity 

and Efficiency, the procedures and requirements for the certification set forth under paragraph (2)(D) after providing notice 

of and an opportunity for public comment on such procedures 

and requirements. 

(4) CERTIFICATION.—The certification developed under 

paragraph (3) may— 

(A) cover the lifecycle of an award to require certifications at the application, funding, reporting, and closeout 

phases of every SBIR and STTR award; 

(B) require the small business concern to certify compliance with the ‘‘principal investigator primary employment’’ 

requirement, the ‘‘small business concern’’ definition 

requirement, and the ‘‘performance of work’’ requirements 

as set forth in the Directive applicable to the award; 

(C) require the small business concern to disclose 

whether it has applied for, plans to apply for, or received 

an SBIR or STTR award for identical or essentially equivalent work (as defined under the SBIR Policy Directive 

and the STTR Policy Directive), and require the concern 

to certify that the award that it is applying for or obtaining 

funding for is not identical or essentially equivalent to 

work it has performed, or will perform, in connection with 

any other SBIR or STTR award that the concern has 

applied for or received from any other agency except as 

fully disclosed to all funding agencies; and 

(D) require that the small business concern certify 

that it will or did perform the work on the award at 

its facilities with its employees, unless otherwise indicated. 

(5) INSPECTORS GENERAL.—The Inspector General of each 

Federal agency that participates in the SBIR program or STTR 

Procedures. 

Requirements. 

Notice. 

Public comment. 

Certification. 

Guidelines. 


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125 STAT. 1856 PUBLIC LAW 112–81—DEC. 31, 2011 

program shall cooperate to prevent fraud, waste, and abuse 

in the SBIR program and the STTR program by— 

(A) establishing fraud detection indicators; 

(B) reviewing regulations and operating procedures of 

the Federal agency; 

(C) coordinating information sharing between Federal 

agencies, to the extent otherwise permitted under Federal 

law; and 

(D) improving the education and training of and outreach to— 

(i) administrators of the SBIR program and the 

STTR program of the Federal agency; 

(ii) applicants to the SBIR program or the STTR 

program; and 

(iii) recipients of awards under the SBIR program 

or the STTR program. 

(b) STUDY AND REPORT.—Not later than 1 year after the date 

of enactment of this Act to establish a baseline of changes made 

to the program to fight fraud, waste, and abuse, and every 4 

years thereafter to evaluate the effectiveness of the agency strategies, the Comptroller General of the United States shall— 

(1) conduct a study that evaluates— 

(A) the implementation by each Federal agency that 

participates in the SBIR program or the STTR program 

of the amendments to the SBIR Policy Directive and the 

STTR Policy Directive made pursuant to subsection (a); 

(B) the effectiveness of the management information 

system of each Federal agency that participates in the 

SBIR program or STTR program in identifying duplicative 

SBIR and STTR projects; 

(C) the effectiveness of the risk management strategies 

of each Federal agency that participates in the SBIR program or STTR program in identifying areas of the SBIR 

program or the STTR program that are at high risk for 

fraud; 

(D) technological tools that may be used to detect patterns of behavior that may indicate fraud by applicants 

to the SBIR program or the STTR program; 

(E) the success of each Federal agency that participates 

in the SBIR program or STTR program in reducing fraud, 

waste, and abuse in the SBIR program or the STTR program of the Federal agency; 

(F) the extent to which the Inspector General of each 

Federal agency that participates in the SBIR and STTR 

program effectively conducts investigations, audits, inspections, and outreach relating to the SBIR and STTR programs of the Federal agency; and 

(G) the effectiveness of the Government and public 

databases described in section 9(k) of the Small Business 

Act (15 U.S.C. 638(k)) in reducing vulnerabilities of the 

SBIR program and the STTR program to fraud, waste, 

and abuse, particularly with respect to Federal agencies 

funding duplicative proposals and business concerns falsifying information in proposals; and 

(2) submit to the Committee on Small Business and 

Entrepreneurship of the Senate, the Committee on Small Business and the Committee on Science, Space, and Technology 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1857 

of the House of Representatives, and the head of each Federal 

agency that participates in the SBIR program or STTR program 

a report on the results of the study conducted under paragraph 

(1). 

(c) INSPECTOR GENERAL REPORTS.—Not later than October 1 

of each year, the Inspector General of each Federal agency that 

participates in the SBIR program or STTR program shall submit 

to the Committee on Small Business and Entrepreneurship of the 

Senate and the Committee on Small Business and the Committee 

on Science, Space, and Technology of the House of Representatives 

a report describing— 

(1) the number of cases referred to the Inspector General 

in the preceding year that related to fraud, waste, or abuse 

with respect to the SBIR program or STTR program; 

(2) the actions taken in each case described in paragraph 

(1) if fraud, waste, or abuse was determined to have occurred; 

(3) if no action was taken in a case described in paragraph 

(1) and fraud, waste, or abuse was determined to have occurred, 

the justification for action not being taken; and 

(4) an accounting of the funds used to address fraud, waste, 

and abuse, including a description of personnel and resources 

funded and funds that were recovered or saved. 

SEC. 5144. SIMPLIFIED PAPERWORK REQUIREMENTS. 

Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) is 

amended— 

(1) in the subsection heading, by striking ‘‘SIMPLIFIED

REPORTING REQUIREMENTS’’ and inserting ‘‘REDUCING PAPER- WORK AND COMPLIANCE BURDEN’’; 

(2) by striking ‘‘The Administrator’’ and inserting the following: 

‘‘(1) STANDARDIZATION OF REPORTING REQUIREMENTS.—The 

Administrator’’; and 

(3) by adding at the end the following: 

‘‘(2) SIMPLIFICATION OF APPLICATION AND AWARD PROCESS.— Not later than 1 year after the date of enactment of this 

paragraph, and after a period of public comment, the Administrator shall issue regulations or guidelines, taking into consideration the unique needs of each Federal agency, to ensure that 

each Federal agency required to carry out an SBIR program 

or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance, and audit procedures 

for the SBIR program or STTR program of the Federal agency 

(including procedures relating to overhead rates for applicants 

and documentation requirements) to reduce the paperwork and 

regulatory compliance burden on small business concerns 

applying to and participating in the SBIR program or STTR 

program.’’. 

Subtitle D—Policy Directives 

SEC. 5151. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR 

POLICY DIRECTIVES. 

(a) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Administrator shall promulgate amendments to the SBIR Policy Directive and the STTR Policy Directive 

Deadline. 

15 USC 638 note. 

Deadline. 

Public comment. 

Regulations. 

Guidelines. 


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125 STAT. 1858 PUBLIC LAW 112–81—DEC. 31, 2011 

to conform such directives to this title and the amendments made 

by this title. 

(b) PUBLISHING SBIR POLICY DIRECTIVE AND THE STTR POLICY

DIRECTIVE IN THE FEDERAL REGISTER.—Not later than 180 days 

after the date of enactment of this Act, the Administrator shall 

publish the amended SBIR Policy Directive and the amended STTR 

Policy Directive in the Federal Register. 

Subtitle E—Other Provisions 

SEC. 5161. REPORT ON SBIR AND STTR PROGRAM GOALS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(nn) ANNUAL REPORT ON SBIR AND STTR PROGRAM GOALS.— 

‘‘(1) DEVELOPMENT OF METRICS.—The head of each Federal 

agency required to participate in the SBIR program or the 

STTR program shall develop metrics to evaluate the effectiveness and the benefit to the people of the United States of 

the SBIR program and the STTR program of the Federal agency 

that— 

‘‘(A) are science-based and statistically driven; 

‘‘(B) reflect the mission of the Federal agency; and 

‘‘(C) include factors relating to the economic impact 

of the programs. 

‘‘(2) EVALUATION.—The head of each Federal agency 

described in paragraph (1) shall conduct an annual evaluation 

using the metrics developed under paragraph (1) of— 

‘‘(A) the SBIR program and the STTR program of the 

Federal agency; and 

‘‘(B) the benefits to the people of the United States 

of the SBIR program and the STTR program of the Federal 

agency. 

‘‘(3) REPORT.— 

‘‘(A) IN GENERAL.—The head of each Federal agency 

described in paragraph (1) shall submit to the appropriate 

committees of Congress and the Administrator an annual 

report describing in detail the results of an evaluation 

conducted under paragraph (2). 

‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The head of 

each Federal agency described in paragraph (1) shall make 

each report submitted under subparagraph (A) available 

to the public online. 

‘‘(C) DEFINITION.—In this paragraph, the term ‘appropriate committees of Congress’ means— 

‘‘(i) the Committee on Small Business and 

Entrepreneurship of the Senate; and 

‘‘(ii) the Committee on Small Business and the 

Committee on Science, Space, and Technology of the 

House of Representatives.’’. 

SEC. 5162. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND 

STTR PROGRAMS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(oo) COMPETITIVE SELECTION PROCEDURES FOR SBIR AND

STTR PROGRAMS.—All funds awarded, appropriated, or otherwise 

Web posting. 

Deadline. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1859 

made available in accordance with subsection (f) or (n) must be 

awarded pursuant to competitive and merit-based selection procedures.’’. 

SEC. 5163. LOAN RESTRICTIONS. 

Not later than 180 days after the date of enactment of this 

Act, the Administrator shall submit to the Committee on Small 

Business and the Committee on Science, Space, and Technology 

of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report analyzing what 

restrictions, conditions, or covenants contained in a note, bond, 

debenture, other evidence of indebtedness, or preferred stock should 

constitute affiliation under section 121.103(a) of title 13, Code of 

Federal Regulations, for purposes of section 9 of the Small Business 

Act (15 U.S.C. 638). 

SEC. 5164. LIMITATION ON PILOT PROGRAMS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(pp) LIMITATION ON PILOT PROGRAMS.— 

‘‘(1) EXISTING PILOT PROGRAMS.—The Administrator may 

only carry out a covered pilot program that is in operation 

on the date of enactment of this subsection during the 3- 

year period beginning on such date of enactment. 

‘‘(2) NEW PILOT PROGRAMS.—The Administrator may only 

carry out a covered pilot program established after the date 

of enactment of this subsection— 

‘‘(A) during the 3-year period beginning on the date 

on which such program is established; and 

‘‘(B) if such program does not continue and is not 

based on, in any manner, a previously established covered 

pilot program. 

‘‘(3) COVERED PILOT PROGRAM DEFINED.—In this subsection, 

the term ‘covered pilot program’ means any initiative, project, 

innovation, or other activity— 

‘‘(A) established by the Administrator; 

‘‘(B) relating to an SBIR or STTR program; and 

‘‘(C) not specifically authorized by law.’’. 

SEC. 5165. COMMERCIALIZATION SUCCESS. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(qq) MINIMUM STANDARDS FOR PARTICIPATION.— 

‘‘(1) PROGRESS TO PHASE II SUCCESS.— 

‘‘(A) ESTABLISHMENT OF SYSTEM AND MINIMUM COMMERCIALIZATION RATE.—Not later than 1 year after the date 

of enactment of this subsection, the head of each Federal 

agency participating in the SBIR or STTR program shall— 

‘‘(i) establish a system to measure, where appropriate, the success of small business concerns with 

respect to the receipt of Phase II SBIR or STTR awards 

for projects that have received Phase I SBIR or STTR 

awards; 

‘‘(ii) establish a minimum performance standard 

for small business concerns with respect to the receipt 

of Phase II SBIR or STTR awards for projects that 

have received Phase I SBIR or STTR awards; and 

Deadline. 

Time periods. 

Deadline. 

Reports. 


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125 STAT. 1860 PUBLIC LAW 112–81—DEC. 31, 2011 

‘‘(iii) begin evaluating, each fiscal year, whether 

each small business concern that received a Phase 

I SBIR or STTR award from the agency meets the 

minimum performance standard established under 

clause (ii). 

‘‘(B) CONSEQUENCE OF FAILURE TO MEET MINIMUM

COMMERCIALIZATION RATE.—If the head of a Federal agency 

determines that a small business concern that received 

a Phase I SBIR or STTR award from the agency is not 

meeting the minimum performance standard established 

under subparagraph (A)(ii), such concern may not participate in Phase I (or Phase II if under the authority of 

subsection (cc)) of the SBIR or STTR program of that 

agency during the 1-year period beginning on the date 

on which such determination is made. 

‘‘(2) PROGRESS TO PHASE III SUCCESS.— ‘‘(A) ESTABLISHMENT OF SYSTEM AND MINIMUM COMMERCIALIZATION RATE.—Not later than 2 years after the date 

of enactment of this subsection, the head of each Federal 

agency participating in the SBIR or STTR program shall— 

‘‘(i) establish a system to measure, where appropriate, the success of small business concerns with 

respect to the receipt of Phase III SBIR or STTR 

awards for projects that have received Phase I SBIR 

or STTR awards; 

‘‘(ii) establish a minimum performance standard 

for small business concerns with respect to the receipt 

of Phase III SBIR or STTR awards for projects that 

have received Phase I SBIR or STTR awards; and 

‘‘(iii) begin evaluating, each fiscal year, whether 

each small business concern that received a Phase 

I SBIR or STTR award from the agency meets the 

minimum performance standard established under 

clause (ii). 

‘‘(B)CONSEQUENCE OF FAILURE TO MEET MINIMUM

COMMERCIALIZATION RATE.—If the head of a Federal agency 

determines that a small business concern that received 

a Phase I SBIR or STTR award from the agency is not 

meeting the minimum performance standard established 

under subparagraph (A)(ii), such concern may not participate in Phase I (or Phase II if under the authority of 

subsection (cc)) of the SBIR or STTR program of that 

agency during the 1-year period beginning on the date 

on which such determination is made. 

‘‘(3) ADMINISTRATION OVERSIGHT.— 

‘‘(A) APPROVAL AND PUBLICATION OF SYSTEMS AND MINIMUM PERFORMANCE STANDARDS.—Each system and minimum performance standard established under paragraph 

(1) or paragraph (2) shall be submitted by the head of 

the applicable Federal agency to the Administrator and 

shall be subject to the approval of the Administrator. In 

making a determination with respect to approval, the 

Administrator shall ensure that the minimum performance 

standard exceeds a de minimis level. The Administrator 

shall publish on the Internet Web site of the Administration 

the systems and minimum performance standards 

approved. 

Web posting. 

Determination. 

Determination. 

Time period. 

Deadline. 

Determination. 

Time period. 


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PUBLIC LAW 112–81—DEC. 31, 2011 125 STAT. 1861 

‘‘(B) SUBMISSION OF EVALUATION RESULTS BY AGENCY.— 

The head of each covered Federal agency shall submit 

to the Administrator the results of each evaluation conducted under paragraph (1) or paragraph (2). 

‘‘(4) REQUIREMENT OF NOTICE AND COMMENT.—Each system 

and minimum performance standard established under paragraph (1) or paragraph (2) and each approval provided by 

the Administrator under paragraph (3)(A), at least 60 days 

before becoming effective, shall be preceded by the provision 

of notice of and an opportunity for public comment on such 

system, standard, or approval.’’. 

SEC. 5166. PUBLICATION OF CERTAIN INFORMATION. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(rr) PUBLICATION OF CERTAIN INFORMATION.—In order to 

increase the number of small businesses receiving awards under 

the SBIR or STTR programs of participating agencies, and to simplify the application process for such awards, the Administrator 

shall establish and maintain a public Internet Web site on which 

the Administrator shall publish such information relating to notice 

of and application for awards under the SBIR program and STTR 

program of each participating Federal agency as the Administrator 

determines appropriate.’’. 

SEC. 5167. REPORT ON ENHANCEMENT OF MANUFACTURING ACTIVITIES. 

Section 9 of the Small Business Act (15 U.S.C. 638), as amended 

by this title, is further amended by adding at the end the following: 

‘‘(ss) REPORT ON ENHANCEMENT OF MANUFACTURING ACTIVITIES.—Not later than October 1, 2013, and annually thereafter, 

the head of each Federal agency that makes more than $50,000,000 

in awards under the SBIR and STTR programs of the agency 

combined shall submit to the Administrator, for inclusion in the 

annual report required under subsection (b)(7), information that 

includes— 

‘‘(1) a description of efforts undertaken by the head of 

the Federal agency to enhance United States manufacturing 

activities; 

‘‘(2) a comprehensive description of the actions undertaken 

each year by the head of the Federal agency in carrying out 

the SBIR or STTR program of the agency in support of Executive Order 13329 (69 Fed. Reg. 9181; relating to encouraging 

innovation in manufacturing); 

‘‘(3) an assessment of the effectiveness of the actions 

described in paragraph (2) at enhancing the research and 

development of United States manufacturing technologies and 

processes; 

‘‘(4) a description of efforts by vendors selected to provide 

discretionary technical assistance under subsection (q)(1) to 

help SBIR and STTR concerns manufacture in the United 

States; and 

‘‘(5) recommendations that the program managers of the 

SBIR or STTR program of the agency consider appropriate 

for additional actions to increase the effectiveness of enhancing 

manufacturing activities.’’. 

Web site. 

Time period. 


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125 STAT. 1862 PUBLIC LAW 112–81—DEC. 31, 2011 

LEGISLATIVE HISTORY—H.R. 1540 (S. 1867): 

HOUSE REPORTS: No. 112–78 and Pt. 2 (Comm. on Armed Services) and 112–329 

(Comm. of Conference). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

May 24–26, considered and passed House. 

Dec. 1, considered and passed Senate, amended, in lieu of S. 1867. 

Dec. 14, House agreed to conference report. 

Dec. 15, Senate agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011): 

Dec. 31, Presidential statement. 

Æ 

SEC. 5168. COORDINATION OF THE SBIR PROGRAM AND THE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 

RESEARCH. 

(a) COORDINATION REQUIRED.—The head of a Federal agency 

that participates in the SBIR program and the Experimental Program to Stimulate Competitive Research or the Institutional 

Development Award Program shall coordinate, to the extent possible, the initiatives of the agency with respect to such programs. 

(b) COORDINATION REPORT.—Not later than 1 year after the 

date of enactment of this Act, the head of each Federal agency 

that participates in the SBIR program and the Experimental Program to Stimulate Competitive Research or the Institutional 

Development Award Program shall submit to the Administrator, 

the Committee on Small Business and the Committee on Science, 

Space, and Technology of the House of Representatives, and the 

Committee on Small Business and Entrepreneurship of the Senate 

a report describing the actions taken during the preceding 1-year 

period to increase coordination between such programs to maximize 

existing resources. 

(c) PARTICIPATION REPORT.—Not later than 3 years after the 

date of enactment of this Act, the head of each Federal agency 

that participates in the SBIR program and the Experimental Program to Stimulate Competitive Research or the Institutional 

Development Award Program shall submit to the Administrator, 

the Committee on Small Business and the Committee on Science, 

Space, and Technology of the House of Representatives, and the 

Committee on Small Business and Entrepreneurship of the Senate 

a report analyzing whether actions taken to increase the coordination of such programs have been successful in attracting entrepreneurs into the SBIR program and increasing the participation 

of States with respect to which a low level of SBIR awards have 

historically been awarded. 

Approved December 31, 2011. 

15 USC 638 note. 


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